[Federal Register Volume 88, Number 206 (Thursday, October 26, 2023)]
[Proposed Rules]
[Pages 73551-73571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23322]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1112, 1130, and 1240

[CPSC Docket No. 0046]


Safety Standard for Infant and Infant/Toddler Rockers

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Danny Keysar Child Product Safety Notification Act, 
section 104 of the Consumer Product Safety Improvement Act of 2008 
(CPSIA), requires the U.S. Consumer Product Safety Commission 
(Commission or CPSC) to promulgate consumer product safety standards 
for durable infant or toddler products. These standards are to be 
substantially the same as applicable voluntary standards, or more 
stringent than the voluntary standards if the Commission concludes that 
more stringent requirements would further reduce the risk of injury 
associated with the product. The Commission is proposing a safety 
standard for Infant and Infant/Toddler Rockers (rockers). The 
Commission is also proposing to amend CPSC's consumer registration 
requirements to add rockers as identified durable infant or toddler 
products and to amend CPSC's list of notice of requirements (NORs) to 
include rockers.

DATES: Submit comments by December 26, 2023.

ADDRESSES: Comments related to the Paperwork Reduction Act aspects of 
the marking, labeling, and instructional literature requirements of the 
proposed rule should be directed to the Office of Information and 
Regulatory Affairs, the Office of Management and Budget, Attn: CPSC 
Desk Officer, FAX: 202-395-6974, or emailed to 
<a href="/cdn-cgi/l/email-protection#9ef1f7ecffc1edebfcf3f7ededf7f1f0def1f3fcb0fbf1eeb0f9f1e8"><span class="__cf_email__" data-cfemail="056a6c77645a767067686c76766c6a6b456a68672b606a752b626a73">[email protected]</span></a>.
    Other comments, identified by Docket No. CPSC-0046, may be 
submitted electronically or in writing:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: https://www.regulations.gov/. Follow the 
instructions for submitting comments. CPSC typically does not accept 
comments submitted by electronic mail (email), except through https://www.regulations.gov/. CPSC encourages you to submit electronic comments 
by using the Federal eRulemaking Portal, as described above.
    Mail/Hand Delivery/Courier/Confidential Written Submissions: Submit 
comments by mail, hand delivery, or courier to: Office of the 
Secretary, Consumer Product Safety Commission, 4330 East-West Highway, 
Bethesda, MD 20814; telephone: (301) 504-7479. If you wish to submit 
confidential business information, trade secret information, or other 
sensitive or protected information that you do not want to be available 
to the public, you may submit such comments by mail, hand delivery, or 
courier, or you may email them to: <a href="/cdn-cgi/l/email-protection#beddcecddd93d1cdfeddcecddd90d9d1c8"><span class="__cf_email__" data-cfemail="90f3e0e3f3bdffe3d0f3e0e3f3bef7ffe6">[email protected]</span></a>.
    Instructions: All submissions must include the agency name and 
docket number. CPSC may post all comments without change, including any 
personal identifiers, contact information, or other personal 
information provided, to https://www.regulations.gov/. Do not submit 
through this website: Confidential business information, trade secret 
information, or other sensitive or protected information that you do 
not want to be available to the public. If you wish to submit such 
information, please submit it according to the instructions for mail/
hand delivery/courier/confidential written submissions.
    Docket: For access to the docket to read background documents or 
comments received, go to: https://www.regulations.gov/, and insert the 
docket number, CPSC-0046, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Zachary S. Foster, Project Manager, 
Division of Human Factors, Directorate for Engineering Sciences, 
Consumer Product Safety Commission, 5 Research Place, Rockville, MD 
20850; Telephone 301-987-2034; email: <a href="/cdn-cgi/l/email-protection#82f8e4edf1f6e7f0c2e1f2f1e1ace5edf4"><span class="__cf_email__" data-cfemail="d1abb7bea2a5b4a391b2a1a2b2ffb6bea7">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 104(b) of the CPSIA, 15 U.S.C. 2056a(b), requires the 
Commission to: (1) examine and assess the effectiveness of voluntary 
consumer product safety standards for durable infant or toddler 
products in consultation with

[[Page 73552]]

representatives of consumer groups, juvenile product manufacturers, and 
independent child product engineers and experts; and (2) promulgate 
consumer product safety standards for durable infant or toddler 
products. Standards issued under section 104 are to be ``substantially 
the same as'' the applicable voluntary standards or more stringent than 
the voluntary standards if the Commission determines that more 
stringent requirements would further reduce the risk of injury 
associated with the product. 15 U.S.C. 2056a(b)(1)(B).
    Currently, no mandatory safety standard exists for infant rockers 
or infant/toddler rockers. There is a voluntary standard, however. In 
July 2014, ASTM International's (ASTM) Committee F15 on Consumer 
Products first published a voluntary standard for rockers--ASTM F3084-
14, Standard Consumer Safety Specification for Infant and Infant/
Toddler Rockers (ASTM F3084), to minimize the risk of injury or death 
associated with children's use of rockers. The standard addressed 
hazards associated with product disassembly and collapse, stability, 
and falls from an elevated surface. Hazard mitigation strategies 
included performance requirements, warnings, and instructional 
literature. The ASTM standard has been revised four times since 2014, 
in 2016, 2018, 2020, and 2022. The most current version of the ASTM 
standard is ASTM F3084-22, published in May 2022.
    Consistent with the consultation requirement in section 104(b)(1) 
of the CPSIA, CPSC staff has worked with the ASTM F15.18 subcommittee 
task group since 2013 to update the voluntary standard for rockers.\1\ 
This consultation, including staff's assessment of hazard patterns and 
suggested additional performance and labeling requirements, continued 
through publication and revision of ASTM F3084-22.
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    \1\ Referred to together as ``rockers.'' Reference to ``Infant 
Rockers'' alone refers to products intended for use by infants up to 
approximately six months of age. Reference to ``Infant/Toddler 
Rockers'' alone refers to products intended for use by children up 
to approximately 2.5 years of age. See section II of the preamble 
for the full definitions of Infant Rockers and Infant/Toddler 
Rockers.
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    Section 104(d) of the CPSIA requires manufacturers of durable 
infant or toddler products to establish a product registration program 
and comply with CPSC's requirements under 16 CFR part 1130. Any product 
defined as a ``durable infant or toddler product'' in part 1130 must 
comply with the product registration requirements, as well as testing 
and certification requirements for children's products, as codified in 
16 CFR parts 1107 and 1109. Section 104(f)(1) of the CPSIA defines a 
``durable infant or toddler product'' as a ``durable product intended 
for use, or that may be reasonably expected to be used, by children 
under the age of 5 years.'' 15 U.S.C. 2056a(f)(1). Section 104(f)(2) of 
the CPSIA includes a list of categories of products that are durable 
infant or toddler products, including products similar to rockers, such 
as various infant chairs (highchairs, booster chairs, and hook-on 
chairs) and swings. 15 U.S.C. 2056a(f)(2).
    Rockers are not included in the statutory list of durable infant or 
toddler products. As set forth in section V of the preamble, the 
statutory product list is not exhaustive. The Commission now proposes 
to amend part 1130 to include ``Infant and Infant/Toddler Rockers'' as 
durable infant or toddler products because they are intended for use, 
and may be reasonably expected to be used, by children under the age of 
5 years; are analogous to other statutory and Commission-defined 
durable infant products, such as infant bouncers; and are commonly 
available for resale or ``handed down'' for use by other children.\2\
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    \2\ In a Commission meeting on October 11, 2023, the Commission 
voted (4-0) to publish this proposed rule as amended by the 
Commission. Meeting minutes describing the vote and the amendments 
are available at: https://www.cpsc.gov/s3fs-public/Comm-Mtg-Min-Infant-Rockers-NPR-and-Gas-Furnaces-and-Boilers-NPR.pdf?VersionId=8Ct.NBI7RhSXyozTJBE65q3lCSyU_aMl.
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II. The Product Category

A. Products Within the Scope

    The scope of this notice of proposed rulemaking (NPR) includes all 
infant rockers and all infant/toddler rockers within the scope of ASTM 
F3084-22, including multi-mode products with a rocker mode, with the 
addition of weight limits for each product and terminology to define 
``rocking'' pursuant to the Commission's proposed modification to the 
standard definitions addressed below. The ASTM standard F3084-22 
defines an infant rocker as a ``freestanding product intended to 
support an occupant who has not developed the ability to sit up 
unassisted (approximately 0 to 6 months of age) in a seated, reclined 
position greater than 10[deg] and to facilitate rocking by the occupant 
with the aid of the caregiver or by other means.'' The ASTM standard 
defines an infant/toddler rocker as ``a freestanding product intended 
to support an occupant in a seated, reclined position greater than 
10[deg] and to facilitate rocking by the occupant with the aid of the 
caregiver or by other means until the occupant is approximately 2\1/2\ 
years.'' The Commission proposes to modify the ASTM definitions of 
infant rockers and infant/toddler rockers by specifying a weight limit 
for each product so as to reflect the manufacturers' maximum 
recommended weight listed in the product warning, and thereby 
clarifying which forward stability test is required for each 
product.\3\ The Commission also proposes to add terminology to define 
``rocking'' as forward and backward motion via a nonstationary base. 
This clarification is intended to differentiate rockers from other 
infant and toddler seated products and prevent improper product 
classification. The Commission invites comments on the proposed 
definition of ``rocking.'' \4\
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    \3\ See Tab F of Staff's NPR Briefing Package for additional 
information on the scope of ASTM F3084-22, and Tab G of Staff's NPR 
Briefing Package for the proposed changes to the definition and 
stability test.
    \4\ See Briefing Memo and Tab G of Staff's NPR Briefing Package 
for the proposed addition.
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    Products within scope of the NPR include:
    <bullet> Infant rockers, marketed for infants up to approximately 
six months old,
    <bullet> Infant/toddler rockers, marketed for children up to 
approximately 2.5 years old,
    <bullet> Combination rocker/bouncers (bouncers with curved rocker 
legs),
    <bullet> Combination swings/rockers (rockers that attach to a 
stationary swing base), and
    <bullet> Other combination products, such as rocker/bouncer/
stationary chair products.
    Most rockers have a metal or plastic frame with a padded fabric 
seat. A few products, primarily from foreign direct shippers and hand 
crafters, have a wooden frame. Some products have a motorized rocking 
function, a vibration function, or sound functions, which are powered 
by batteries or an electrical cord with a plug. All rockers support a 
child in an inclined position (greater than 10 degrees from vertical) 
with certain infant/toddler rockers having adjustable seat backs to 
facilitate upright sitting as the child grows. Many products also 
feature an accessory bar with attached toys that are, or once the child 
has grown larger will be, within the child's reach. Certain products 
also have secondary use modes. For example, some products have a 
kickstand that can be deployed to keep the product stationary, while 
other products can be converted into a bouncer or swing. Many rockers 
have three-point crotch restraints consisting of a wide cloth crotch 
and short adjustable waist straps with plastic

[[Page 73553]]

buckles. Some infant/toddler rockers also utilize a shoulder restraint.
    Some items marketed as ``rockers'' are subject to the swing 
mandatory standard, 16 CFR part 1223, rather than the rocker standard, 
based on how the product moves in relation to a base or stand. Rockers 
are reclined seated products that move in their entirety, most commonly 
on curved legs, so as to rock an occupant forward and backward, while 
swings have a stationary base. Multi-mode items, such as rockers with 
curved legs that attach to a swing base, are subject to both the swing 
mandatory standard and the rocker voluntary standard. Some conventional 
bouncer seats are advertised as ``rockers'' because they rock up and 
down, but those products would not meet the definition of a ``rocker'' 
in either the ASTM standard or the NPR if the base is stationary. 
Bouncer seats must meet the bouncer seat mandatory standard in 16 CFR 
part 1229, while multi-mode items that are both rockers and bouncers 
are subject to both standards.
    Rocking horse toys and similar items are out of scope for this rule 
because they do not meet the definition of a ``rocker'' in the ASTM 
standard or the NPR; such toys do not support the occupant in a seated, 
reclined position. Similarly, traditional children's rocking chairs 
with a straight, non-reclining back are not within the scope of the 
rule.

B. Market Description

    CPSC staff estimates that rocker sales reach 567,500 units per 
year, although this estimate is uncertain due to the industry practice 
of grouping rockers and combination products with non-rocker products 
into a single survey category. In January 2023, staff found that 25 
percent of the bestselling products within the ``infant bouncers and 
rockers'' category of a major internet retailer website were rockers or 
combination rocker/bouncer products within scope of this proposed rule. 
See Tab F of Staff Briefing Package: Draft Notice of Proposed 
Rulemaking for Infant and Infant/Toddler Rockers (Sept. 13, 2023) 
(Staff's NPR Briefing Package), available at: https://www.cpsc.gov/s3fs-public/Notice-of-Proposed-Rulemaking-Safety-Standard-for-Infant-Rockers-and-Infant-and-Toddler-Rockers.pdf?VersionId=Z3cL72KKD_oN_BG5LcNEAdlDIDXyTrmt.
    While new rockers are available from online general retail sites, 
brick and mortar baby specialty stores, and brick and mortar general 
retail stores including ``big box'' stores, used items are widely 
available on second-hand online sites, as well as in some thrift 
stores. Rockers range in price from $35 to $250 with an average price 
of about $110. The less expensive products tend to be smaller products 
without powered functions, while the more expensive rockers tend to be 
combination products (e.g., rocker-swings or rocker-bouncers) or 
products with additional features. Using the estimate of approximately 
567,500 units sold each year with the average price of $110, CPSC 
estimates a $62 million market in terms of annual sales. Approximately 
80 models of rockers are available for sale on the U.S. market, from 
roughly 50 entities.

III. Incident Data

    Rockers are part of a broader group of products (which includes 
bouncers and swings) that provide support to infants who are initially 
unable to sit independently. Compared to other postures, sitting can 
provide infants an improved ability to explore objects with greater 
visual access to their environment, as well as increased social 
attention. While infants are sitting, as compared to other postures, 
caregivers also demonstrate a wider variety of interactions that allow 
infants to practice cognitive skills.\5\
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    \5\ See Tab D of Staff's NPR Briefing Package for additional 
information.
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    However, incident data confirms that some caregivers use rockers 
for brief or extended infant or toddler sleep, despite warnings that 
these products should not be used for sleep. As Tab A of Staff's NPR 
Briefing Package explains in greater detail, CPSC staff searched the 
Consumer Product Safety Risk Management System (CPSRMS) \6\ and the 
National Electronic Injury Surveillance System (NEISS) \7\ for 
fatalities, incidents, and concerns associated with rockers reported to 
have occurred between January 1, 2011 and November 7, 2022. Staff 
identified 1,088 incidents from CPSRMS associated with rockers. Staff 
found too few emergency department-treated injuries associated with 
rockers to derive reportable national estimates. Therefore, staff was 
unable to provide injury estimates based on NEISS data but included 
NEISS injury cases in the total count of reported incidents.
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    \6\ CPSRMS is the epidemiological database that houses all 
anecdotal reports of incidents received by CPSC, ``external cause''-
based death certificates purchased by CPSC, all in-depth 
investigations of these anecdotal reports, as well as investigations 
of select NEISS injuries. Examples of documents in CPSRMS are: 
hotline reports, internet reports, news reports, medical examiner's 
reports, death certificates, retailer/manufacturer reports, and 
documents sent by state/local authorities, among others.
    \7\ NEISS is a statistically valid surveillance system for 
collecting injury data. NEISS is based on a nationally 
representative probability sample of hospitals in the U.S. and its 
territories. Each participating NEISS hospital reports patient 
information for every emergency department visit associated with a 
consumer product or a poisoning to a child younger than five years 
of age. The total number of product-related hospital emergency 
department visits nationwide can be estimated from the sample of 
cases reported in the NEISS. https://www.cpsc.gov/Research--
Statistics/NEISS-Injury-Data.
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    Table 1 shows the number of incidents reported for each year during 
the period. Incident reporting is ongoing and the number of incidents--
particularly for recent years--may change.

                                    Table 1--Reported Infant Rocker Incidents
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                                                                                                     Number of
                                                                   Total number      Number of       reported
                          Incident year                             of reported      reported        nonfatal
                                                                     incidents      fatalities       injuries
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2011............................................................             164               1              29
2012............................................................             200               1              23
2013............................................................             158               1              11
2014............................................................              97               1               3
2015............................................................              82               1               3
2016............................................................             137               0               4
2017............................................................              86               1               5
2018............................................................              67               0               2
2019............................................................              42               2               4

[[Page 73554]]

 
2020............................................................              42               1               3
2021 *..........................................................               8               1               1
2022 *..........................................................               6               1               0
                                                                 -----------------------------------------------
    1Total......................................................           1,088              11              88
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Source: CPSC epidemiological databases CPSRMS and NEISS.
Note: * Indicates data collection is ongoing.

    Table 2 provides age information for the victims in the 1,088 
incidents.

   Table 2--Age Distribution in Infant Rocker-Related Incident Reports
                           [01/01/11-11/07/22]
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                                                       Total
                   Age                   -------------------------------
                                             Frequency      Percentage
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Unreported *............................             316              29
0-6 Months..............................             418              38
7 Months-Less Than 1 Year...............             241              22
1-Less Than 2 Years.....................              81               8
2-4 Years...............................              27               2
5 Years or Older........................               5              <1
                                         -------------------------------
    Total...............................           1,088             100
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Source: CPSC epidemiological databases CPSRMS and NEISS.
Note: Percentages may not sum to 100 due to rounding.
* In this table, age ``unreported'' implies age was unknown or age was
  not reported because the incident involved no injury.

    Table 3 presents the age distribution of children under five years 
of age who suffered fatal or nonfatal injuries in the incidents from 
January 1, 2011 to November 7, 2022. All 11 fatalities and 70 nonfatal 
injuries involved victims less than one year old. Eight incidents 
involved victims less than four months old, including five of the 11 
total fatalities.

  Table 3--Age Distribution in Infant Rocker-Related Incidents Reporting Fatalities and Nonfatal Injuries Among
                                        Children Under Five Years of Age
                                               [01/01/11-11/07/22]
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                                              Total                  Fatalities                 Injuries
           Age of child            -----------------------------------------------------------------------------
                                     Frequency    Percentage   Frequency    Percentage   Frequency    Percentage
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Unreported *......................           12           12            0            0           12           14
0-6 Months........................           33           33           10           91           23           26
7-Less Than 1 Year................           48           48            1            9           47           53
1-Less Than 2 Years...............            5            5            0            0            5            6
2-4 Years.........................            1            1            0            0            1            1
                                   -----------------------------------------------------------------------------
    Total.........................           99          100           11          100           88          100
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Source: CPSC epidemiological databases CPSRMS and NEISS.
Note: Percentages may not sum to 100 due to rounding.
* In this table, age ``unreported'' implies age was unknown but victim is described as a child under five years
  of age.

    Of the 11 fatalities during the period, nine involved infants being 
placed in the rocker for sleeping or napping. The incident reports 
indicate that in two of these incidents the infants were placed on 
their side in the rocker, and in one incident the rocker was damaged 
and was being supported by a shoe box. One fatality involved an infant 
being placed in a rocker with the seat back in the ``upright/toddler'' 
position for approximately four hours. One fatality involved an infant 
being placed in a rocker on top of an adult bed without a caregiver 
present for approximately 20-30 minutes. Six of the 11 fatalities 
indicate that the restraints were not used. Six of the 11 fatalities 
indicate that pillows and/or blankets were placed in the product with 
the infant over the infant for warmth/comfort, under the infant for 
comfort/support, or both. In one of these incidents a blanket was found 
covering the infant's face.

[[Page 73555]]

Summaries of the fatalities are provided in Tab A of Staff's NPR 
Briefing Package.
    Staff identified hazard patterns for all 1,088 reported incidents 
associated with rockers.
    More than 700 of the incidents (64 percent) involved hardware-
related problems such as issues related to lock and latch hardware, 
hinge hardware, seat mounting hardware, or other parts breaking.
    Two hundred and seventy-five of the incidents (25 percent) cited 
rockers wobbling, collapsing, or tipping over. Tipover-related 
incidents comprised more than 64 percent of all reported injuries. At 
least 49 of the tipover-related incidents involved a rocker tipping 
forward. Sixty of the 275 stability-related incidents resulted in head 
injury. Four of the 275 stability-related incidents resulted in other 
upper body injuries.
    Thirty-seven of the incidents (3 percent) cited rockers having 
electrical issues, mostly batteries leaking. Thirty-six of the 
incidents (3 percent), involving 17 injuries, cited issues related to 
the rocker's design, such as toy bar positioning, slippery fabric seat 
pads, misaligned screws, pinch points, defective battery compartments, 
and seat back tubes not staying in sockets.
    From January 1, 2011 through August 30, 2023, CPSC issued one 
recall of two multi-mode products in which four fatalities were 
reported and one issued warning regarding rockers. Incidents described 
in the press releases for the multi-mode product recall and the warning 
involved infants being placed to sleep on their backs and unrestrained 
in inclined rocking products but found on their stomachs.\8\
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    \8\ See Tab E of Staff's NPR Briefing Package for additional 
information.
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IV. Overview of ASTM F3084 <SUP>9</SUP>
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    \9\ See Tab C of Staff's NPR Briefing Package for additional 
information.
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A. History of ASTM F3084

    The ASTM F15.18 Subcommittee on Cribs, Toddler Beds, Play Yards, 
Bassinets, Cradles, and Changing Tables first published the voluntary 
standard for rockers in 2014, as ASTM F3084-14, Standard Consumer 
Safety Specification for Infant and Infant/Toddler Rockers.\10\ The 
first publication addressed issues including seat angles, stability, 
structural integrity, other design issues, and marking and labeling.
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    \10\ The Commission is not aware of any international voluntary 
standards pertaining to rockers.
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    Since 2014, ASTM has revised and updated the voluntary standard 
four times to address safety issues. In 2016, ASTM modified the warning 
requirements for use of shoulder straps provided as part of the 
restraint system. In 2018, ASTM made miscellaneous changes. In 2020, 
ASTM added language to the marking, labeling, and instructional 
literature requirement that addressed battery operated products and 
removed references to the CPSIA. In May 2022, ASTM modified warning 
language to state that rockers are not intended for sleep or 
unsupervised use, and to instruct consumers to move sleeping infants to 
a firm, flat sleep surface.\11\
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    \11\ See Briefing Memo of Staff's NPR Briefing Package for 
additional detail on ASTM F3084.
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B. Assessment of the ASTM F3084-22 Standard

    Based on CPSC staff's Engineering and Human Factors assessments, 
Tabs C and D of Staff's NPR Briefing Package, respectively, CPSC 
concludes that several ASTM F3084-22 tests are adequate to address 
rocker hazards, specifically: (1) the sideward and rearward stability 
tests for infant and infant/toddler rockers to address product sideward 
and rearward tipover; (2) the structural integrity test to address 
hardware failures and collapse hazard; (3) the toy bar integrity test 
to address toy bars snapping apart; and (4) the restraint system test 
to ensure the heaviest intended occupant is safely secure. Therefore, 
the Commission proposes in the NPR to adopt the following ASTM tests: 
\12\
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    \12\ See Tabs C and D of Staff NPR Briefing Package for 
additional details.
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1. Sideward and Rearward Stability
    Section 6.3.2 of ASTM F3084-22 specifies performance requirements 
for rockers' sideward and rearward stability. In the test procedure, a 
CAMI Infant Dummy is placed in the rocker, which is then positioned in 
the most unfavorable sideward or rear position on a test surface 
inclined at 20 degrees. To pass the test, the rocker must not tip over 
in this position. CPSC testing indicates this test is adequate to 
address the risk to occupants from sideways or backwards tip-over of 
the rocker.
2. Structural Integrity
    The ASTM standard includes a dynamic load test (see section 7.6.1), 
a static load test (see section 7.6.2), and a disassembly/collapse test 
(see section 6.6). Section 6.5 specifies that rockers shall not break 
or create a hazardous condition after these tests are applied. CPSC 
assess that these tests adequately test the structural strength of 
rockers.
3. Toy Bars
    To prevent caregivers from attempting to raise the rocker by the 
toy bar, section 6.7 of ASTM F3084-22 requires that toy bars must 
either be strong enough to not detach when used as a handle or must 
break free from the rocker when a caregiver attempts to use the toy bar 
as a handle. CPSC considers these requirements--which are identical to 
the ASTM F2167-22 toy bar attachment test requirements for infant 
bouncers, codified in 16 CFR part 1229--adequate to address the hazard 
of toy bars snapping due to use as a handle.
4. Restraints
    Section 6.2 of ASTM F3084-22 requires both a waist and crotch 
restraint to secure a child in a rocker. The test requires that the 
restraint system anchors shall not separate from the attachment points 
when subjected to a force of 45 lb. that is maintained for 10 seconds. 
The force of 45 lb. is approximately 25 percent greater than the 36 lb. 
weight of a 2.5-year-old male child in the 95th percentile. These 
requirements are identical to the restraint system test requirements 
for infant bouncers under 16 CFR part 1229, and adequately ensure the 
safety of the heaviest intended occupant.
5. Concavity and Firmness
    While the foregoing tests in ASTM F3084-22 appear adequate to 
address rocker hazards, CPSC finds, subject to public comment, that 
several revisions to the current voluntary standard are necessary to 
adequately address hazards to infants and toddlers associated with 
rockers.
    First, no provision in ASTM F3084-22 addresses the risk of 
suffocation in rockers due to concavity or firmness issues. In 2022, 
CPSC contracted with Boise State University (BSU) to research and 
analyze the death or injury risks associated with infant seated 
products and to recommend possible requirements to improve safety. A 
research team led by Dr. Erin Mannen submitted their report (BSU 
Report) to CPSC in June 2023. The BSU Report recommends that infant 
seated products should have a firmness similar to that of a crib 
mattress, should not envelop the infant's head or face, and should 
provide sufficient space for the infant's head to rotate without 
contacting the product side walls.\13\
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    \13\ Mannen, E.M., Siegel, D., Goldrod, S., Bossart, A., Lujan, 
T.J., Wilson, C., Whitaker, B., Carrol, J. (2023). Seated Products 
Characterization and Testing. Report available at https://www.cpsc.gov/content/Report-Boise-State-Universitys-Seated-Products-Characterization-and-Testing (BSU Report).

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[[Page 73556]]

(a) Concavity and Conformity
    The BSU Report states that the concavity (i.e., curvature of the 
seat back) and conformity (i.e., the product enveloping the infant due 
to the infant's weight) of an infant rocker can affect the risk of 
mouth and nose contact with the sides of the product and poses a 
suffocation risk. The BSU research team found that rockers with a small 
pillow or no pillow posed a low risk for suffocation from nose and 
mouth contact, while products with larger and thicker pillows or 
inserts were deemed to create a high risk for mouth and nose contact 
and potential suffocation.
    The BSU Report outlines a recommended concavity test. The test 
consists of calculating the concavity (radius) formed at the intended 
occupant's head position with a 7.65-pound newborn-sized test device in 
the seat. With the device in place, the width of the seat is then 
measured from side to side at the intended infant head position. The 
depth is also measured from the midline of the infant's head position 
to the seat back surface. With these measurements, the radius is then 
calculated to determine the concavity.
    The BSU Report states that a seated product with a concavity radius 
greater than 22 cm (8.66 in.) would protect against mouth and nose 
contact with sides of the products during a normal head rotation. 
Therefore, the BSU Report recommends a concavity radius equal to or 
greater than 22 cm (8.66 in.), which would make it easier for infants 
to free their mouth and nose from face contact if they roll into a 
prone position within the product. After conducting testing, CPSC staff 
similarly found that a concavity radius of less than 22 cm (8.66 in) 
would increase the risk of an infant's mouth or nose coming into 
contact with the side of a product. The 22 cm (8.66 in) radius is three 
times the head radius of a 95th percentile six-month-old male. The 
minimum 22 cm (8.66 in) radius requirement therefore incorporates a 
three times safety factor to prevent the infant's face from contacting 
the side of the rocker. The Commission invites comment on the proposed 
concavity requirement to address the suffocation hazard by adopting the 
BSU Report's recommended concavity test for rockers.
(b) Firmness
    The BSU Report states that all seated infant products should be 
sufficiently firm and flat to prevent the infant's mouth and nose from 
making contact with the product during supine lying with a normal head 
rotation. The BSU Report recommends that infant rocker firmness should 
be equivalent to the crib mattress firmness requirement, confirming 
that the minimum displacement of 11mm (0.43 in) with a 2.25-pound load 
would meet the crib mattress firmness requirement. Based on staff's own 
testing as well as the BSU Report, CPSC staff advises that adopting the 
BSU Report firmness test for rockers would address a suffocation risk. 
Staff further found that inserting a foam backing between the fabric of 
the rocker and the frame would allow the rocker to pass the firmness 
test, suggesting the feasibility of complying with the BSU Report's 
firmness recommendation. See Tab C of Staff's NPR Briefing Package for 
more detail.
    The firmness requirement and test method recommended in the BSU 
Report addresses the hazards of soft surfaces designed into rockers, 
such as pillows or hammock designs, that can envelope an infant's face 
in the prone position or with the head turned to the side position. 
Providing equivalent firmness around the occupant's head will help to 
ensure that rockers have the same baseline safety as crib mattresses in 
terms of preventing a child's nose and mouth from being obstructed by 
the support surface. The Commission proposes to adopt the BSU Report's 
recommended firmness test to strengthen the rockers standard to address 
a suffocation hazard that ASTM F3084-22 currently does not address and 
invites comment on this proposal.
6. Forward Stability
    Section 6.3 of ASTM F3084-22 specifies performance requirements for 
forward stability in infant rockers intended to support an occupant who 
has not developed the ability to sit up unassisted. The test procedure 
for forward stability applies a tipping moment to the product in its 
most upright position to simulate a 21 lb. infant leaning forward in 
the rocker.\14\ A test fixture is then attached to the seat of a 
product with restraints that have been adjusted for a CAMI Infant 
Dummy. A 21-lb. vertical static force is applied for 60 seconds to the 
fixture five inches in front of the crotch post. To pass the test, the 
infant rocker must not tip over. See Tab A, Appendix, and Tab C of 
Staff NPR Briefing Package for additional details.
---------------------------------------------------------------------------

    \14\ The 21-lb load is equivalent to the weight of a 95th 
percentile 6-month-old boy (Centers for Disease Control and 
Prevention, National Center for Health Statistics. CDC growth 
charts: United States, 2000. https://www.cdc.gov/growthcharts/).
---------------------------------------------------------------------------

    This forward stability requirement for infant rockers is not as 
stringent as the forward stability requirements for infant bouncers in 
16 CFR part 1229, which provides greater protection for larger infants 
by applying the test weight one inch further from the crotch post 
(i.e., six inches away instead of five inches away) and using the 
manufacturer's maximum recommended weight if greater than the 21-lb. 
weight application specified. Additionally, the infant rocker standard 
does not clearly specify a maximum weight limit for infant rockers in 
the product warnings and does not adequately indicate which forward 
stability tests are to be applied to each product type, whether it be 
an infant rocker or an infant/toddler rocker. To strengthen the 
standard, the Commission proposes modifying the forward stability 
requirement for infant rockers to match the more stringent test 
conditions specified in the mandatory standard for infant bouncers, 
revising the definitions for ``infant rocker'' and ``infant/toddler 
rocker'' to list a maximum weight limit, and revising the forward 
stability tests to offer additional clarification on which tests apply 
to which product category.
    In addition, it appears the forward stability test for infant/
toddler rockers in ASTM F3084-22 does not adequately address occupants 
larger than six-months-old, as most of the incidents of infant/toddler 
rockers tipping over involved an occupant that ranged from seven months 
to 12 months of age. See Tab C of Staff NPR Briefing Package. The 
Commission requests comments on this concern, and on methods to best 
test forward stability hazards for occupants older than six months of 
age.
7. Electrical--Battery Leakage
    As noted, 36 of the 1,088 reported rocker incidents within the 
study period involved leaking batteries. Twelve of the leaking battery 
incidents reported corroded or rusty battery compartments. See Tab A, 
Appendix, and Tab C of Staff's NPR Briefing Package for additional 
information.
    ASTM F3084-22 does not specify requirements to address battery or 
electrical issues associated with rockers. CPSC's bouncer rule, 
codified at 16 CFR part 1229, does include requirements to address such 
electrical hazards. Specifically, the bouncer rule's electrical 
requirements include: (1) each battery compartment or area around the 
battery compartment is marked to show the correct battery polarity, 
size, and voltage; (2) each battery compartment provides a means to 
contain battery leaks; (3) design protection from the possibility of a 
battery being charged when it is installed in the rocker; (4) the 
surfaces of any accessible electrical

[[Page 73557]]

component do not reach temperatures exceeding 160 [deg]F (71[deg]C) at 
any time while in ordinary use; and (5) the product is only operable 
via an a/c power source and/or new batteries of the type recommended by 
the manufacturer. To address the battery-related hazards reflected in 
the reported incidents, the Commission proposes to add electrical 
requirements based on requirements in the bouncer rule.
8. Drop Test
    The bouncer rule in 16 CFR part 1229 includes a drop test to 
evaluate the durability of infant bouncers in instances of an 
inadvertent drop or the product impacting a hard surface. The test 
drops a bouncer from a height of 36 inches once on each of six 
different planes (top, bottom, front, rear, left side, and right side). 
ASTM F3084-22 does not contain a similar test, which reduces the 
protectiveness of its requirements. See Tab C of Staff's NPR Briefing 
Package. Accordingly, the Commission proposes to apply the drop test 
from the bouncer rule to rockers to ensure product durability.
9. Strangulation on Tethered Straps
    CPSC staff identified one near-strangulation incident involving a 
rocker in which an eight-month-old male crawled under the product, at 
which time his neck became entangled in the tethered straps located 
behind the rocker. See Tab A, Appendix, and Tab C of Staff's NPR 
Briefing Package for additional information. Because ASTM F3084-22 does 
not address a tethered strap strangulation hazard, the Commission 
proposes to strengthen the rocker standard by adding a test in section 
7.11 of the NPR to address tethered strap strangulation hazards.

C. Marking, Warning, and Labeling

    Warning about a hazard is a less effective method of addressing the 
hazard than either designing the hazard out of a product or guarding 
consumers from the hazard. Therefore, when a standard relies on 
warnings to address a hazard, it is particularly important that the 
warning statements are noticeable, understandable, and motivational. 
The primary U.S. voluntary consensus standard for product safety signs 
and labels, ANSI Z535.4, American National Standard for Product Safety 
Signs and Labels, recommends that on-product warnings include content 
that addresses the following three elements:
    <bullet> a description of the hazard;
    <bullet> information about the consequences of exposure to the 
hazard; and
    <bullet> instructions regarding appropriate hazard-avoidance 
behaviors.
    CPSC staff analyzed literature, incident data, and consumer 
feedback, concluding that the rocker warnings specified in ASTM F3084-
22 do not adequately address the identified product hazards because the 
warning requirements insufficiently address the use of soft bedding in 
rockers and the use of rockers for sleep, fail to address potential 
hazards of prematurely born infants using rockers, do not sufficiently 
outline label visibility and location requirements, and have 
typographical errors. See Tab D of Staff's NPR Briefing Package. To 
address these deficiencies, the Commission proposes inclusion of the 
warnings shown in Figure 1:
[GRAPHIC] [TIFF OMITTED] TP26OC23.009

D. Instructional Literature

    Adding these warnings to the product literature is also necessary 
to address adequately the hazards associated with rockers. See Tab D of 
Staff's NPR Briefing Package. Further, the instructional literature 
language in the ASTM voluntary standard overbroadly states that 
instructions shall include the warnings listed in section 8.7, which 
contains four sets of warning statements with minor differences based 
on whether the product is an infant rocker or an infant/toddler rocker, 
and the type of restraint system used. The Commission proposes that the 
instructional literature requirements specify that only the applicable 
warning in section 8.7 needs to be included.

V. Overview of the NPR

A. Performance Requirements

    In light of the substantial record of deaths and injuries with 
infant rockers and infant/toddler rockers, as summarized in section III 
above, the Commission issues the NPR under section 104 of the CPSIA to 
propose a mandatory consumer product safety standard for rockers. The 
Commission proposes to incorporate by reference ASTM F3084-22, with 
modifications to make the standard more stringent to further reduce the 
risk of injury associated with the use of rockers. The objective of 
this proposed rule is to address the known hazards of infant rockers 
and infant/toddler rockers, which include positional asphyxia, 
disassembly and collapse, hardware failures such as screws coming out 
and parts breaking off, and falls from elevated surfaces. The NPR 
contains more stringent performance and labeling requirements than the 
voluntary standard, improving the test

[[Page 73558]]

requirements based on CPSC's assessment of incident reports, 
performance tests from the bouncer rule in 16 CFR part 1229, and the 
BSU Report. Additionally, the NPR includes requirements for warning 
content and formatting. Proposed modifications to ASTM F3084-22 in the 
NPR address:
    Suffocation risks posed by soft rocker surfaces and rocker features 
that can envelop a child's face, by adding firmness and concavity 
requirements as recommended in the BSU Report discussed in section IV 
of the preamble; \15\
---------------------------------------------------------------------------

    \15\ Mannen, E.M., Siegel, D., Goldrod, S., Bossart, A., Lujan, 
T.J., Wilson, C., Whitaker, B., Carrol, J. (2023). Seated Products 
Characterization and Testing. Report available at https://www.cpsc.gov/content/Report-Boise-State-Universitys-Seated-Products-Characterization-and-Testing. (BSU Report).
---------------------------------------------------------------------------

    Tipover risk, by modifying the terminology and forward stability 
requirements for rockers to match the more stringent test conditions 
listed in ASTM F2167-22, incorporated by reference into CPSC's Safety 
Standard for Infant Bouncer Seats, codified in 16 CFR part 1229, and to 
more clearly indicate which forward stability tests are to be performed 
on each product type, i.e., the different testing for an infant rocker 
versus an infant/toddler rocker;
    Battery leakage risk, by adding the more stringent electrical 
requirements from part 1229, including performance requirements and 
test methods requiring battery compartments to provide a means of 
containing battery leakage, preventing access to contained leakage, 
avoiding hazardous charging of batteries when installed in the product, 
and limiting the surface temperature of accessible electrical 
components to 160 [deg]F (71[deg]C) or less at any time while in 
ordinary use;
    Strangulation risk posed by tethered straps that are exposed below 
a product, by adding tethered straps accessibility requirements;
    Mechanical injury risks associated with product design, by adding 
drop test requirements from part 1229 to ensure product durability;
    Warning and literature requirements to emphasize that rockers are 
not intended for sleep and that soft bedding is not to be used in 
rockers, and to ensure that on-product labels are prominently placed 
and conspicuous to the consumer.

B. Certification

    Section 14 of the CPSA establishes requirements for product 
certification and testing. Products subject to a consumer product 
safety rule under the CPSA, or to a similar rule, ban, standard, or 
regulation under any other act enforced by the Commission, must be 
certified as complying with all applicable CPSC-enforced requirements. 
15 U.S.C. 2063(a). Certification of children's products subject to a 
children's product safety rule must be based on testing conducted by a 
CPSC-accepted third party conformity assessment body. 15 U.S.C. 
2063(a)(2). The Commission must publish a notice of requirements (NOR) 
for the accreditation of third-party conformity assessment bodies to 
assess conformity with a children's product safety rule to which a 
children's product is subject. 15 U.S.C. 2063(a)(3). The proposed rule 
for 16 CFR part 1240, Safety Standard for Infant and Infant/Toddler 
Rockers, if issued as a final rule, would be a children's product 
safety rule that requires the issuance of an NOR.
    16 CFR part 1112 establishes requirements for accreditation of 
third-party conformity assessment bodies to test for conformity with a 
children's product safety rule in accordance with section 14(a)(2) of 
the CPSA. Part 1112 also codifies all of the NORs issued previously by 
the Commission. To meet the requirement that the Commission issue an 
NOR for the rocker standard, the Commission proposes as part of the NPR 
to add rockers to the list of children's product safety rules for which 
CPSC has issued an NOR.
    Testing laboratories applying for acceptance as a CPSC-accepted 
third party conformity assessment body to test to the new standard for 
rockers would be required to meet the third-party conformity assessment 
body accreditation requirements in part 1112. When a laboratory meets 
the requirements as a CPSC-accepted third party conformity assessment 
body, the laboratory can apply to CPSC to have 16 CFR part 1240, Safety 
Standard for Infant and Infant/Toddler Rockers, included within the 
laboratory's scope of accreditation of CPSC safety rules listed for the 
laboratory on the CPSC website at: https://www.cpsc.gov/cgi-bin/labsearch/.

C. Product Registration

    In addition to requiring the Commission to issue safety standards 
for durable infant or toddler products, section 104 of the CPSIA 
directs the Commission to issue a rule requiring that manufacturers of 
durable infant or toddler products establish a program for consumer 
registration of those products. 15 U.S.C. 2056a(d).
    Section 104(f) of the CPSIA defines the term ``durable infant or 
toddler product'' as ``a durable product intended for use, or that may 
be reasonably expected to be used, by children under the age of 5 
years,'' and lists 12 product categories. 15 U.S.C. 2056a(f). The 
product categories listed in section 104(f)(2) of the CPSIA--which do 
not include rockers--represent a non-exhaustive list of durable infant 
or toddler product categories. 74 FR 68668, 68669 (Dec. 29, 2009).
    As the CPSIA directs, CPSC's consumer registration rule at 16 CFR 
part 1130 requires each manufacturer of a durable infant or toddler 
product to provide a postage-paid consumer registration form with each 
product; keep records of consumers who register their products with the 
manufacturer; and permanently place the manufacturer's name and certain 
other identifying information on the product. The Commission here 
proposes to amend part 1130 to include ``Infant and Infant/Toddler 
Rockers,'' as defined in ASTM F3084-22 with modifications, as durable 
infant or toddler products because they are: (1) intended for use, and 
may be reasonably expected to be used, by children under the age of 5 
years; (2) similar to the other seated products listed in section 
104(f)(2) of the CPSIA, such as swings, booster chairs, and activity 
centers; and (3) durable, as reflected by the fact that they are 
commonly available for resale or ``handed down'' for use by other 
children.

VI. Incorporation by Reference

    The Commission proposes incorporating ASTM F3084-22 by reference, 
with modifications to further reduce the risk of injury associated with 
rockers. The Office of the Federal Register (OFR) has regulations 
concerning incorporation by reference. 1 CFR part 51. For a proposed 
rule, agencies must discuss in the preamble of the NPR ways that the 
materials the agency proposes to incorporate by reference are 
reasonably available to interested persons or how the agency worked to 
make the materials reasonably available. In addition, the preamble of 
the proposed rule must summarize the material. 1 CFR 51.5(a).
    In accordance with the OFR's requirements, section IV.B of the 
preamble summarizes the provisions of ASTM F3084-22 that the Commission 
proposes to incorporate by reference. ASTM F3084-22 is copyrighted. By 
permission of ASTM, the standard can be viewed as a read-only document 
during the comment period of the NPR, at: https://www.astm.org/cpsc.htm. To download or print the standard, interested persons may 
purchase a copy

[[Page 73559]]

of ASTM F3084-22 from ASTM, through its website (https://www.astm.org), 
or by mail from ASTM International, 100 Bar Harbor Drive, P.O. Box 
0700, West Conshohocken, PA 19428. Alternatively, interested parties 
may inspect a copy of the standard at CPSC's Office of the Secretary by 
contacting Alberta E. Mills, Secretary, U.S. Consumer Product Safety 
Commission, 4330 East West Highway, Bethesda, MD 20814; telephone: 301-
504-7479; email: <a href="/cdn-cgi/l/email-protection#27445754440a4854674457544409404851"><span class="__cf_email__" data-cfemail="5a392a29397735291a392a2939743d352c">[email protected]</span></a>.

VII. Effective Date

    The Administrative Procedure Act (APA) generally requires that the 
effective date of a rule be at least 30 days after publication of the 
final rule. 5 U.S.C. 553(d). The Commission proposes a 180-day 
effective date for this rule. The rule would apply to all rockers 
manufactured after the effective date. 15 U.S.C. 2058(g)(1). This 
amount of time is typical for other CPSIA section 104 rules.\16\ Six 
months is also the period that the Juvenile Products Manufacturers 
Association (JPMA) typically allows for products in their certification 
program to shift to a new standard once that new standard is published. 
Therefore, juvenile product manufacturers are accustomed to adjusting 
to new standards within this timeframe. Given that the proposed rule 
largely uses test equipment that is already utilized to test rockers to 
ASTM F3084-22 for JPMA's program, and that any additional required test 
equipment is either already utilized for other regulated products (such 
as infant bouncer seats) or can easily be procured or produced by a 
testing laboratory, the Commission believes that additional time is 
unnecessary for the production or procurement of new test equipment. 
The Commission invites comments, particularly from small businesses, 
regarding the amount of time needed to come into compliance with a 
final rule.
---------------------------------------------------------------------------

    \16\ See, e.g., Safety Standard for Infant Swings, 87 FR 44,307 
(July 26, 2022); Safety Standard for Crib Mattresses, 87 FR 8640 
(Feb. 15, 2022).
---------------------------------------------------------------------------

VIII. Regulatory Flexibility Act (RFA)

    The RFA requires that agencies review a proposed rule for its 
potential economic impact on small entities, including small 
businesses. Section 603 of the RFA generally requires that agencies 
prepare an initial regulatory flexibility analysis (IRFA) and make the 
analysis available to the public for comment when the agency publishes 
an NPR. 5 U.S.C. 603. The IRFA must describe the impact of the proposed 
rule on small entities and identify significant alternatives that 
accomplish the statutory objectives and minimize any significant 
economic impact of the proposed rule on small entities. CPSC staff has 
addressed these issues in Tab F of Staff's NPR Briefing Package, and 
they are presented briefly below.

A. Agency Action, NPR Objectives, Product Description, and Market 
Description

    Section I of the preamble explains why CPSC is considering issuing 
a mandatory rule for rockers and provides a statement of the objectives 
of, and legal basis for, the proposed rule. Section II of the preamble 
describes the types of products within the scope of the NPR, the market 
for rockers, and the use of rockers in the U.S.
    The requirements in the NPR are more stringent than the ASTM 
voluntary standard for rockers. Relatively few rockers for sale in the 
U.S. are marketed as ASTM-compliant. Only two out of approximately 50 
current suppliers to the U.S. market are members of the JPMA 
certification testing program for rockers, which provides third party 
testing for compliance with CPSC and ASTM standards. JPMA currently has 
four member companies that are certified specifically for rockers, two 
of which do not currently have a rocker for sale in the U.S. See Tab F 
of Staff's NPR Briefing Package.

B. Small Entities to Which the NPR Would Apply

    Of the 13 U.S. manufacturers and importers of rockers that 
currently supply the U.S. market, four are small U.S. manufacturers and 
five are small U.S. importers based on Small Business Administration 
(SBA) size standards, for a total of nine small U.S. entities to which 
the NPR would apply. The rest of the suppliers, about 37, are foreign-
based manufacturers and direct shippers.
    The NPR would not mandate any requirements or have direct economic 
impact on retailers of any size because products manufactured or 
imported before the effective date of the final rule could still be 
sold. Indirect impacts on retailers could occur in the longer term if 
rockers are removed from the market rather than redesigned to meet the 
requirements of this standard, or if an increased price of compliant 
rockers reduces demand.

C. Impact of the Proposed Rule on Small Manufacturers and Importers

    The NPR could have a significant impact on nine small U.S. 
importers and manufacturers whose products may not be consistent with 
the NPR requirements. CPSC considers one percent of annual revenue from 
sales to be a potentially ``significant'' economic impact.
    Most rocker products on the market would require redesign to meet 
the proposed rule and would need new labeling. The extent of the 
required modifications would depend on whether the products already 
meet the ASTM standard for rockers or, for multi-mode products, the 
similar mandatory standards for bouncer chairs or swings. Manufacturers 
whose products do not meet the performance requirements in the NPR will 
need to redesign the products at a cost that CPSC staff estimates to be 
approximately $80,000 per model or remove the products from the market.
    Staff anticipates that most models would require at least some 
redesign to meet the requirements of the standard. However, some 
redesigns could be relatively inexpensive, such as changing the seat 
angle or modifying the restraints. Products that currently meet all 
physical performance requirements might only need the new warning 
sticker or a stamped-on label. Combination products that are compliant 
with the mandatory bouncer chair standard or the swing standard and 
have no hanging restraint straps may require minimal redesign or none 
at all.
    Staff estimates the total cost of redesign for the 17 models 
supplied by U.S. small businesses to be $1.36 million (17 models x 
$80,000), though the cost could be less if some models do not require 
redesign, or only modest redesign. The cost of redesign could also be 
spread across multiple models because models from the same manufacturer 
can be similar in structural design and dimensions with different 
fabrics or toy bars. Similarly, one model from a foreign manufacturer 
may be sold by multiple direct shippers and small importers under 
different brand names. The ongoing cost of compliance after the first 
year that the rule is in effect is expected to be minimal for materials 
and labor because the redesigned products would likely use the same 
types of materials and production methods as current products.
    Substitutes for rockers are available, so if the costs of 
compliance were to raise the price of rockers above the price of what 
parents perceive as reasonable substitutes, such as swings or bouncer 
seats, there could be a decline in rocker sales as a result of this 
rule. However, the impact on suppliers of reduced rocker sales could be 
offset by an increase in sales of these competing products if sold by 
the same companies.

[[Page 73560]]

The impact of the redesign cost could also be reduced if suppliers are 
able to increase the retail price to cover some or all of the cost 
without significantly impacting overall demand for rockers.
    Based on staff's analysis, additional testing costs beyond what 
suppliers are already spending to comply with other CPSC standards 
would be less than $1,000 per year per model. Testing costs would 
likely vary depending on where the testing takes place and whether 
volume discounts apply. If products are sold to a global market, those 
products would require testing to satisfy both U.S. and foreign 
standards at the same time, for a bundled test price. Multi-mode 
products that are already required to demonstrate compliance with the 
bouncer or swing mandatory standard through third-party testing may 
experience a smaller incremental cost for testing only the rocker mode. 
Overall, staff estimates the testing costs for the industry as a whole, 
including foreign and large businesses supplying the U.S. market, to be 
$80,000 per year (80 models x $1,000 per model for testing).

D. Impact on Testing Labs

    No adverse impact on testing laboratories should occur as a result 
of a final rule for rockers. CPSC estimates the required testing 
instruments and devices to cost in the range of $500 to $1,000. The 
cost will be on the lower end of this range if the laboratory already 
has devices such as force gauges, which are common. The 22 labs that 
are currently accredited to test to the mandatory bouncer standard 
would likely easily meet the accreditation requirements to test rockers 
given the similarity of the requirements and test methods. Furthermore, 
most laboratories are not small businesses. Companies in the lab 
testing industry include companies with hundreds of locations, 
including Asia and Europe, and thousands of employees.

E. Alternatives Considered To Reduce the Impact on Small Entities

    The Commission considered several alternatives to reduce burden on 
small entities. Exempting small entities from this rule or parts of 
this rule would not be consistent with the applicable statutes; the 
CPSA allows CPSC to provide ``small batch'' exemptions to testing 
requirements or alternative requirements for some mandatory safety 
standards, such as the standard for bicycle helmets (16 CFR part 1203), 
but the CPSIA section 104 requirements for durable infant or toddler 
products do not provide for such exemptions. Nevertheless, several 
alternatives to the NPR could have a different impact on small 
businesses. The Commission requests comment on these alternatives or 
other alternatives that could reduce the potential burden on small 
entities.
1. Not Establishing a Mandatory Standard
    While not establishing a safety standard for rockers would minimize 
the regulatory impact on small businesses, failing to establish a 
mandatory standard would fail to reduce injuries and deaths from the 
known hazards. Establishing a mandatory standard satisfies the mandate 
in section 104 of the CPSIA requiring the Commission to create 
mandatory safety standards for all durable infant or toddler products.
2. Only Including Infant Rockers in the Scope
    The incident data for rockers, discussed in section III of the 
preamble, reflect that all of the fatalities and most of the injuries 
were to children less than one year old. While CPSC could consider 
excluding from the scope of the rule those rockers that are marketed 
for use only by children over one year old, this would not 
significantly reduce the impact on small businesses, as there are very 
few rockers on the market solely for toddlers. Such limitation in scope 
also would not effectively address the hazards because rockers marketed 
for older children foreseeably could still be used for infants. 
Further, the incident data reflects some non-fatal injuries to children 
over one year old.
3. Incorporating ASTM F3084-22 Without Modifications
    The Commission considered proposing to incorporate by reference 
ASTM F3084-22, without any modifications. While this would reduce the 
impact on two U.S. small businesses that claim to be compliant with the 
ASTM standard, the overall impact on U.S. small businesses, as compared 
to the Commission's proposed rule, would not be significant. Further, 
as discussed above, ASTM F3084-22 does not adequately address the 
suffocation and fall hazards rockers present.
4. A Different Effective Date of the Requirements
    An effective date earlier than 180 days after publication could 
provide the benefits of the NPR more quickly but would increase the 
burden on small businesses by requiring them to more quickly redesign 
and test products. An earlier effective date could result in temporary 
shortages of rockers because the testing labs would need to receive 
accreditation before they could test for compliance to the new 
performance requirements. A later effective date could reduce impact on 
small businesses but would delay addressing the known hazards, 
including life-threatening risks.

IX. Environmental Consideration

    The Commission's regulations address whether the agency is required 
to prepare an environmental assessment or an environmental impact 
statement. Under these regulations, certain categories of CPSC actions 
normally have ``little or no potential for affecting the human 
environment,'' and therefore do not require an environmental assessment 
or an environmental impact statement. Safety standards providing 
requirements for products come under this categorical exclusion. 16 CFR 
1021.5(c)(1). The NPR falls within the categorical exclusion.

X. Paperwork Reduction Act

    This proposed rule for infant rockers contains information 
collection requirements that are subject to public comment and review 
by the Office of Management and Budget (OMB) under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3521). In this document, pursuant 
to 44 U.S.C. 3507(a)(1)(D), we set forth:
    <bullet> a title for the collection of information;
    <bullet> a summary of the collection of information;
    <bullet> a brief description of the need for the information and 
the proposed use of the information;
    <bullet> a description of the likely respondents and proposed 
frequency of response to the collection of information;
    <bullet> an estimate of the burden that shall result from the 
collection of information; and
    <bullet> notice that comments may be submitted to the OMB.
    Title: Safety Standard for Infant and Infant/Toddler Rockers.
    Description: The proposed rule would require each rocker within the 
scope of the rule to comply with ASTM F3084-22, Standard Consumer 
Safety Specification for Infant and Infant/Toddler Rockers, modified by 
the proposed additional requirements summarized in the preamble. 
Sections 8 and 9 of ASTM F3084-22 contain requirements for marking, 
labeling, and instructional literature. These requirements fall within 
the definition of ``collection of information,'' as defined in 44 
U.S.C. 3502(3).
    Description of Respondents: Persons who manufacture or import 
rockers.

[[Page 73561]]

    Estimated Burden: We estimate the burden of this collection of 
information as follows:

                                                       Table 4--Estimated Annual Reporting Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Number of       Frequency of     Total annual      Hours per       Total burden
                           16 CFR section                              respondents       responses        responses         response          hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
1240...............................................................              50              1.6               80                1               80
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Our estimate is based on the following:
    ASTM F3084-22 requires that the name and the place of business 
(city, state, and mailing address, including zip code) or telephone 
number of the manufacturer, distributor, or seller be marked clearly 
and legibly on each product and its retail package. It also requires a 
code mark or other means that identifies the date (month and year, as a 
minimum) of manufacture.
    An estimated 13 U.S. firms supply rockers to the domestic market, 
as well as seven foreign manufacturers and about 30 foreign direct 
shippers, for a total of about 50 suppliers. We estimate the time 
required to respond to the collection is about one hour per model. 
Approximately 80 models of rockers were available for sale on the U.S. 
market as of March 2023. Therefore, each supplier is estimated to 
respond 1.6 times (80 models/50 suppliers = 1.6 responses). The 
estimated annual burden associated with the collection is 50 
respondents x 1.6 responses x 1 hour per response = 80 hours.
    CPSC estimates that the hourly compensation for the time required 
to respond to the collection is $37.41 (U.S. Bureau of Labor 
Statistics, ``Employer Costs for Employee Compensation,'' March 2023, 
total compensation for all sales and office workers in goods-producing 
private industries: https://www.bls.gov/news.release/archives/ecec_06162023.pdf). The estimated annual cost to industry associated 
with the collection accordingly is $2,993 ($37.41 per hour x 80 hours = 
$2,992.80). No operating, maintenance, or capital costs are associated 
with the collection.
    The NPR requires instructions to be supplied with rockers. Under 
the OMB's regulations (5 CFR 1320.3(b)(2)), the time, effort, and 
financial resources necessary to comply with a collection of 
information that would be incurred by persons in the ``normal course of 
their activities'' are excluded from a burden estimate, where an agency 
demonstrates that the disclosure activities required to comply are 
``usual and customary.'' Firms that supply rockers to the U.S. market 
typically provide instructional literature to consumers. Therefore, we 
tentatively estimate that no burden hours are associated with supplying 
instructional literature because any burden associated with supplying 
instructions would be ``usual and customary'' and not within the 
definition of ``burden'' under the OMB's regulations.
    Based on this analysis, the proposed standard for rockers would 
impose a burden to industry of 80 hours at a cost of $2,993 annually.
    In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), CPSC has submitted the information collection requirements of 
this rule to the OMB for review. Interested persons are requested to 
submit comments (see the ADDRESSES section at the beginning of this 
document).
    Pursuant to 44 U.S.C. 3506(c)(2)(A), we invite comments on:
    <bullet> whether the collection of information is necessary for the 
proper performance of CPSC's functions, including whether the 
information will have practical utility;
    <bullet> the accuracy of CPSC's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;
    <bullet> ways to enhance the quality, utility, and clarity of the 
information to be collected;
    <bullet> ways to reduce the burden of the collection of information 
on respondents, including the use of automated collection techniques, 
when appropriate, and other forms of information technology; and
    <bullet> the estimated burden hours associated with label 
modification, including any alternative estimates.

XI. Preemption

    Section 26(a) of the CPSA, 15 U.S.C. 2075(a), states that when a 
consumer product safety standard is in effect and applies to a product, 
no state or political subdivision of a state may either establish or 
continue in effect a standard or regulation that prescribes 
requirements for the performance, composition, contents, design, 
finish, construction, packaging, or labeling of such product dealing 
with the same risk of injury unless the state requirement is identical 
to the federal standard. Section 26(c) of the CPSA also provides that 
states or political subdivisions of states may apply to the Commission 
for an exemption from this preemption under certain circumstances. 
Section 104(b) of the CPSIA refers to the rules to be issued under that 
section as ``consumer product safety rules.'' Therefore, the preemption 
provision of section 26(a) of the CPSA would apply to a rule issued 
under section 104.

XII. Request for Comments

    The Commission proposes a rule under section 104(b) of the CPSIA to 
issue a consumer product safety standard for Infant and Infant/Toddler 
Rockers, to amend part 1112 to add Infant and Infant/Toddler Rockers to 
the list of children's product safety rules for which CPSC has issued 
an NOR, and to amend part 1130 to identify Infant and Infant/Toddler 
Rockers as a durable infant or toddler product subject to CPSC consumer 
registration requirements. The Commission requests comments on any 
aspect of these proposals, including the proposed effective date and 
the costs of compliance with, and testing to, the proposed Safety 
Standard for Infant and Infant/Toddler Rockers. During the comment 
period, the ASTM F3084-22, Standard Consumer Safety Specification for 
Infant and Infant/Toddler Rockers, is available as a read-only document 
at: https://www.astm.org/cpsc.htm.
    In addition to the areas identified above, the Commission seeks 
comment on the following matters:
    A. What physical design characteristics, not already addressed in 
this package, would best signal to adults that rockers are unsafe for 
infant sleep? Should any such characteristics be required for rockers?
    B. What benefits, if any, do younger infants (under 4 months) 
derive from rockers in terms of motor development and visual 
stimulation? Do the benefits change and/or increase as an infant 
progresses from early infancy?

[[Page 73562]]

    C. Should rockers be allowed to be marketed, intended, or designed 
to accommodate babies that are too young to gain any physical 
developmental benefit from using them?
    D. Would any additional warnings be useful? If so, what messages 
should be included?
    E. The Commission invites comments on staff's recommendation that 
the warning label specifically address premature infants: ``For babies 
born prematurely, consult a doctor before use.'' (See discussion at OS-
125, page 68 in Tab B of Staff's NPR Briefing Package). Is a warning 
appropriate for any other groups of infants, for instance, infants 
under four months of age?
    F. Should soothing features, like vibration or calming sounds, be 
permitted on rockers?
    G. Whether the NPR has identified the appropriate firmness test 
points, or whether any other test points should be included, for 
example, a third firmness test point in an area of the head space of 
the product that is most likely to fail the test, comparable to the 
additional test points proposed in the recent NPR for nursing pillows 
at 88 FR 65865, 65883 (Sept. 26, 2023)?
    H. Whether an anti-stockpiling provision should be included and, if 
so, whether the Commission should include an anti-stockpiling provision 
comparable to the one proposed in the recent SNPR for portable 
generators at 88 FR 24346, 24372 (Apr. 20, 2023)?
    I. Should torso angle restrictions be included? If so:
    1. Should those restrictions set a maximum angle, under which sleep 
is appropriately safe?;
    2. Should those restrictions set a minimum angle, above which a 
baby is sitting upright and unlikely to sleep?; or
    3. Should those restrictions do both of the above (i.e., should 
products be permitted to be below X degrees or above Y degrees, but not 
any of the angles in between X and Y)?
    J. The Commission requests comment on whether any rocker (with an 
incline ``greater than 10 degrees'') in which infants are likely to 
fall asleep is safe for infants under 5 months, or for infants under 6 
months. And, if such products are not safe, what modifications to the 
proposed rule--such as, for example, age grading--should be made to 
ensure that those products are not available for children in that age 
range?
    K. The Commission invites comments on the proposed definitions of 
infant rocker and infant/toddler rocker.
    1. In addition to the staff's recommendations that the definitions 
include a weight limit, should a minimum age be specified?
    2. With respect to product angle, is the specification of ``greater 
than 10 degrees'' in the proposed definition adequate to address 
positional asphyxia risks?
    L. According to the June 2023 report from Boise State University, 
Seated Products Characterization and Testing, ``Future studies should 
focus more on the biomechanical differences between younger and older 
infants within infant products.'' (p. 173) The Commission requests 
comments on the biomechanical differences that impact the risks of 
injury and death associated with infant and infant/toddler rockers, 
particularly for premature infants and infants under 4 months.
    Submit comments in accordance with the instructions in the 
ADDRESSES section at the beginning of this document.

List of Subjects

16 CFR Part 1112

    Administrative practice and procedure, Audit, Consumer protection, 
Reporting and recordkeeping requirements, Third party conformity 
assessment body.

16 CFR Part 1130

    Administrative practice and procedure, Business and industry, 
Consumer protection, Reporting and recordkeeping requirements.

16 CFR Part 1240

    Consumer protection, Incorporation by reference, Infants and 
children, Labeling, Law enforcement, Seats, Toys.

    For the reasons discussed in the preamble, the Commission proposes 
to amend Title 16 of the Code of Federal Regulations as follows:

PART 1112--REQUIREMENTS PERTAINING TO THIRD PARTY CONFORMITY 
ASSESSMENT BODIES

0
1. The authority citation for part 1112 continues to read as follows:

    Authority:  Pub. L. 110-314, section 3, 122 Stat. 3016, 3017 
(2008); 15 U.S.C. 2063.

0
2. Amend Sec.  1112.15 by adding paragraph (b)(51) to read as follows:


Sec.  1112.15  When can a third party conformity assessment body apply 
for CPSC acceptance for a particular CPSC rule and/or test method?

* * * * *
    (b) * * *
    (51) 16 CFR part 1240, Safety Standard for Infant and Infant/
Toddler Rockers.
* * * * *
0
3. The authority citation for part 1130 continues to read as follows:

    Authority:  15 U.S.C. 2056a, 2065(b).

0
4. Amend Sec.  1130.2 by adding paragraph (a)(20) to read as follows:

PART 1130--REQUIREMENTS FOR CONSUMER REGISTRATION OF DURABLE INFANT 
OR TODDLER PRODUCTS


Sec.  1130.2  Definitions.

* * * * *
    (a) * * *
    (20) Infant and Infant/Toddler Rockers.
* * * * *
0
5. Add part 1240 to read as follows:

PART 1240--SAFETY STANDARD FOR INFANT AND INFANT/TODDLER ROCKERS

Sec.
1240.1 Scope.
1240.2 Requirements for infant and infant/toddler rockers.

    Authority: 15 U.S.C. 2056a.


Sec.  1240.1  Scope.

    This part establishes a consumer product safety standard for Infant 
and Infant/Toddler Rockers.


Sec.  1240.2  Requirements for infant and infant/toddler rockers.

    (a) Except as provided in paragraph (b) of this section, each 
infant and infant/toddler rocker must comply with all applicable 
provisions of ASTM F3084-22, Standard Consumer Safety Specification for 
Infant and Infant/Toddler Rockers (approved May 1, 2022). The Director 
of the Federal Register approves this incorporation by reference in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. This material is 
available for inspection at the U.S. Consumer Product Safety Commission 
and at the National Archives and Records Administration (NARA). Contact 
the U.S. Consumer Product Safety Commission at: the Office of the 
Secretary, U.S. Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, MD 20814, telephone (301) 504-7479, email: <a href="/cdn-cgi/l/email-protection#294a595a4a04465a694a595a4a074e465f"><span class="__cf_email__" data-cfemail="ddbeadaebef0b2ae9dbeadaebef3bab2ab">[email protected]</span></a>. For information on the availability of this material at 
NARA, email <a href="/cdn-cgi/l/email-protection#395f4b1750574a495c5a4d5056577957584b58175e564f"><span class="__cf_email__" data-cfemail="bed8cc90d7d0cdcedbddcad7d1d0fed0dfccdf90d9d1c8">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. A free, read-only copy of the standard 
is available for viewing on the ASTM website at https://www.astm.org/READINGLIBRARY/. You may also obtain a copy from ASTM International, 
100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; 
phone: (610) 832-9585; www.astm.org.

[[Page 73563]]

    (b) Comply with the ASTM F3084-22 standard with the following 
additions or exclusions:
    (1) Instead of complying with section 3.1.6 and 3.1.7 of ASTM 
F3084-22, comply with the following:
    (i) 3.1.6 infant rocker, n--a freestanding product intended to 
support an occupant who has not developed the ability to sit up 
unassisted, up to 20 lb. (approximately 0 through 6 months of age), in 
a seated, reclined position greater than 10[deg] and to facilitate 
rocking by the occupant with the aid of the caregiver or by other 
means.
    (ii) 3.1.7 infant/toddler rocker, n--a freestanding product 
intended to support an occupant in a seated, reclined position greater 
than 10[deg] and to facilitate rocking by the occupant with the aid of 
the caregiver or by other means until the occupant is approximately age 
2.5 years, up to 40 lb.
    (2) In addition to complying with sections 3.1.1 through 3.1.17 of 
ASTM F3084-22, comply with the following:
    (i) 3.1.18 tethered strap, n--an exposed strap underneath or behind 
the occupant support surface with both ends secured to the product (see 
6.8).
    (ii) 3.1.18.1 Discussion--This specifically excludes straps that 
are loose or hanging from a product that are not intended to be 
attached to another component according to the manufacturer's 
instructions.
    (iii) 3.1.18.2 Discussion--The strap may consist of monofilaments, 
rope, woven and twisted cord, plastic and textile tapes, or ribbon.
    (3) Add section 3.1.19 to ASTM F3084-22:
    3.1.19 rocking, v--forward and backward motion via a nonstationary 
base.
    (4) Instead of complying with sections 6.3.1 and 6.3.1.1 of ASTM 
F3084-22, comply with the following:
    (i) 6.3.1 Forward Stability--The rocker shall not tip over when 
tested in accordance with 7.4.1. This shall be for all infant rockers 
and infant/toddler rockers in the infant rocker use, mode, or position.
    (ii) 6.3.1.1 Forward Stability Infant/Toddler Rockers--If the 
product is intended for use after the occupant can sit upright 
unassisted with a manufacturer's recommended weight above 20 lb., the 
rocker shall not tip over when tested in accordance with 7.4.2.
    (5) Add sections 6.8, 6.8.1, and 6.8.2 to ASTM F3084-22:
    (i) 6.8 Tethered Strap Accessibility for Non-Occupants--Any 
products that have a tethered strap (see 3.1.18) shall meet either 
6.8.1 or 6.8.2 when tested in accordance with 7.11.
    (ii) 6.8.1 A bounded opening formed by tethered strap(s), alone or 
in conjunction with the product, shall not allow the passage of the 
small head probe (Figure 2 to paragraph (b)(9)(ix)) when tested in 
accordance with 7.11.
    (iii) 6.8.2 A bounded opening formed by tethered strap(s), alone or 
in conjunction with the product, shall allow the passage of the large 
head probe (Figure 3 to Paragraph (b)(9)(xii)), and the tethered strap 
portion of the bounded opening shall not be greater than 7.4 in. (188 
mm) long when tested in accordance with 7.11.
    (6) Add section 6.9 to ASTM F3084-22:
    6.9 Drop Test--The rocker shall not create a hazardous condition as 
defined in section 5 when tested in accordance with 7.12.
    (7) Add sections 6.10, 6.11, and 6.12 to ASTM F3084-22:
    (i) 6.10 Battery Compartments (remote control devices are exempt 
from these requirements):
    (ii) 6.10.1 Each battery compartment shall provide a means to 
contain the electrolytic material in the event of a battery leakage. 
This containment means shall not be accessible to the occupant.
    (iii) 6.10.2 Positive protection from the possibility of charging 
any primary (non-rechargeable) battery shall be achieved either through 
physical design of the battery compartment or through the use of 
appropriate electrical circuit design. This applies to situations in 
which a battery may be installed incorrectly (reversed), and in which a 
battery charger may be applied to a product containing primary 
batteries. This section does not apply to a circuit having one or two 
batteries as the only source of power.
    (iv) 6.10.3 The surfaces of any accessible electrical component, 
including batteries, shall not achieve temperatures exceeding 160 
[deg]F (71 [deg]C) when tested in accordance with 7.13. At the 
conclusion of the test, there shall be no battery leakage or, explosion 
or a fire to any electrical component. This test shall be performed 
prior to conducting any other testing within the performance 
requirements section.
    (v) 6.11 Firmness--The surface of the rocker that supports the 
infants head shall displace less than 11mm (0.43 in.) for a 10N (2.25 
lb.) force when tested in accordance with 7.14.
    (vi) 6.12 Concavity--The radius of surface of the rocker that 
supports the infant's head shall be greater than 22 cm (8.66 in.) when 
tested in accordance with 7.15.
    (8) Instead of complying with section 7.4.1.6 of ASTM F3084-22, 
comply with the following:
    7.4.1.6 Apply a static load of 21 lbf. (93 N) vertically downward 
on the stability test fixture in the location designated in Figure 15 
to paragraph (b)(17) (6-in. (152.4-mm) in front of the crotch post) 
within a period of 5 s and maintain for an additional 60 s (Figure 9 to 
section 7 of ASTM F3084-22). If the stability test fixture touches the 
test surface and prevents the product from tipping over, retest the 
product near the edge of an elevated test surface to allow the product 
to tip.
    (9) Add section 7.11 to ASTM F3084-22:
    (i) 7.11 Tethered Strap Accessibility Testing:
    (ii) 7.11.1 Assemble the product in one of the manufacturer's 
recommended use positions.
    (iii) 7.11.2 Adjust any strap underneath or behind the occupant 
support surface to its full-length configuration. This includes 
adjusting any sliding buckle and/or other hardware.
    (iv) 7.11.3 For straps that are part of the restraint system, 
unbuckle the restraint system to allow for the maximum strap length 
underneath or behind the occupant support surface.
    (v) 7.11.4 Where applicable, orient any fasteners, buckles, clips, 
or other hardware in the position most likely to prevent them from 
being pulled through any opening.
    (vi) 7.11.5 Using a \3/4\ in. (19 mm) diameter clamping surface 
(Figure 1 to paragraph (b)(9)(vi)), gradually pull on the tethered 
strap from underneath or behind the occupant support surface in the 
most onerous direction most likely to release the strap through the 
opening with a force of 5 lbf. (22 N). Apply the force over a period of 
5 s and maintain for an additional 10 s or until the strap releases, 
whichever comes first.

[[Page 73564]]

Figure 1 to Paragraph (b)(9)(vi)--A \3/4\-in. (19-mm) Diameter Clamp
[GRAPHIC] [TIFF OMITTED] TP26OC23.010


    Note 1 to Figure 1 to paragraph (b)(9)(vi): Reprinted, with 
permission, from ASTM F406-22 Standard Consumer Safety Specification 
for Non-Full-Size Cribs/Play Yards, copyright ASTM International, 
100 Barr Harbor Drive, West Conshohocken, PA 19428. A copy of the 
complete standard may be obtained from ASTM International, 
www.astm.org.

    (vii) 7.11.5.1 If during the test procedure in 7.11.5, the strap 
remains does not release at a force of 5 lbf. (22 N) or less, proceed 
to 7.11.6.
    (viii) 7.11.5.2 If during the test procedure in 7.11.5, the 
tethered strap releases, replace the strap through the opening into its 
original test position described in 7.11.3 and 7.11.4. Repeat the force 
application in 7.11.5 four more times for a total of five times. If the 
strap releases during every one of the five individual tests, this 
strap is exempt from 7.11.6, 7.11.7, and 7.11.8. If the strap remains 
attached during any of the five force applications, proceed to 7.11.6.
    (ix) 7.11.6 Rotate the small head probe (Figure 2 to paragraph 
(b)(9)(ix)) to the orientation most likely to fail and gradually apply 
a force of 25 lb. (111 N) in the bounded opening. Apply the force 
perpendicular to the base of the probe in the direction most likely to 
fail within a period of 5 s and maintain it for an additional 10 s.

Figure 2 to Paragraph (b)(9)(ix)--Small Head Test Probe
[GRAPHIC] [TIFF OMITTED] TP26OC23.011


    Note 2 to Figure 2 to paragraph (b)(9)(ix): Reprinted, with 
permission, from ASTM F406-22 Standard Consumer Safety Specification 
for Non-Full-Size Cribs/Play Yards, copyright ASTM International, 
100 Barr Harbor Drive, West Conshohocken, PA 19428. A copy of the 
complete standard may be obtained from ASTM International, 
www.astm.org.

    (x) 7.11.6.1 If the small head probe (Figure 2 to paragraph 
(b)(9)(ix)) cannot pass entirely through the opening in any 
orientation, this bounded opening passes 6.8.1.
    (xi) 7.11.6.2 If the small head probe (Figure 2 to paragraph 
(b)(9)(ix)) can pass entirely through the opening in any orientation, 
proceed to 7.11.7.
    (xii) 7.11.7 Determine if the large head probe (Figure 3 to 
paragraph (b)(9)(xii)) can be freely inserted through the bounded 
opening.

Figure 3 to Paragraph (b)(9)(xii)--Large Head Test Probe

[[Page 73565]]

[GRAPHIC] [TIFF OMITTED] TP26OC23.012


    Note 3 to Figure 3 to paragraph (b)(9)(xii):  Reprinted, with 
permission, from ASTM F406-22 Standard Consumer Safety Specification 
for Non-Full-Size Cribs/Play Yards, copyright ASTM International, 
100 Barr Harbor Drive, West Conshohocken, PA 19428. A copy of the 
complete standard may be obtained from ASTM International, 
www.astm.org.

    (xiii) 7.11.7.1 If the large head probe (Figure 3 to paragraph 
(b)(9)(xii)) cannot pass entirely through the opening in any 
orientation, this bounded opening fails 6.8.2.
    (xiv) 7.11.7.2 If the large head probe (Figure 3 to paragraph 
(b)(9)(xii)) can pass entirely through the opening in any orientation, 
proceed to 7.11.8.
    (xv) 7.11.8 Measure the available length of the tethered strap from 
its two attachment points on the product under a load of 5 lb. (2.27 
kg).
    (xvi) 7.11.8.1 If the tethered strap is greater than 7.4 in. (188 
mm), this tethered strap fails 6.8.2.
    (xvii) 7.11.8.2 If the tethered strap is less than or equal to 7.4 
in. (188 mm), this tethered strap passes 6.8.2.
    (xviii) 7.11.9 Repeat for each bounded opening formed with tethered 
strap(s), in all manufacturer's recommended use positions.
    (10) Add section 7.12 through 7.16 to ASTM F3084-22:
    (i) 7.12 Drop Test:
    (ii) 7.12.1 The rocker shall be dropped from a height of 36 in. 
(910 mm).
    (iii) 7.12.1.1 If the rocker does not fold, drop the rocker once on 
each of six different planes (top, bottom, front, rear, left side, and 
right side).
    (iv) 7.12.1.2 If the rocker does fold, drop the rocker once on each 
of six different planes, both in the folded and erect configurations.
    (v) 7.13 Battery Compartment Test
    (vi) 7.13.1 The battery compartment shall be tested using fresh 
alkaline batteries or an a/c power source. If the function powered by 
the compartment can be operated using both, then both batteries and a/c 
power must be tested separately. If another battery chemistry is 
specifically recommended for use in the rocker by the manufacturer, 
repeat the test using the batteries specified by the manufacturer. If 
the rocker will not operate using alkaline batteries, then test with 
the type of battery recommended by the manufacturer at the specified 
voltage. The test is to be carried out in a draft-free location, at an 
ambient temperature of 68 <plus-minus> 9 [deg]F (20 <plus-minus> 5 
[deg]C).
    (vii) 7.13.1.1 Operate the function powered by the battery 
compartment at the maximum speed or highest intensity. Do not disable 
any mechanical or electrical protective device, such as clutches or 
fuses. Operate the function powered by the battery compartment 
continuously, and record peak temperature. The test shall be 
discontinued 60 min after the peak temperature is recorded. If the 
function shuts off automatically or must be kept ``on'' by hand or 
foot, monitor temperatures for 30 s, resetting the function as many 
times as necessary to complete the 30 s of operation. If the function 
shuts off automatically after an operating time of greater than 30 s, 
continue the test until the function shuts off.
    (viii) 7.14 Firmness Test
    (ix) 7.14.1 Hand-Held Firmness Test Device:
    (x) 7.14.1.1 The test device (Figure 4 to paragraph (b)(10)(x)) 
shall consist of a 7.5 cm (2.95 in.) diameter hemisphere (made of a 
rigid material such as wood, metal, or plastic) attached to a 
compression force gauge with a range of 0 to 50 N; <plus-minus>0.2% 
accuracy and a depth gauge with sufficient travel to measure 
displacement of the hemisphere relative to the footprint ring.
BILLING CODE 6355-01-P

Figure 4 to Paragraph (b)(10)(x)--Hand-Held Firmness Test Device

[[Page 73566]]

[GRAPHIC] [TIFF OMITTED] TP26OC23.013

    (xi) 7.14.2 Test Point Location.
    (xii) 7.14.2.1 Place the Hinged Weight Gauge-Infant in the rocker 
with the hinged edge into the seat bight.
    (xiii) 7.14.2.2 Mark a line on the seat back 4 in. (10.2 cm) from 
the top of the gauge (Figure 5 to paragraph (b)(10)(xiii)).

Figure 5 to Paragraph (b)(10)(xiii)--Location of Head Support Line
[GRAPHIC] [TIFF OMITTED] TP26OC23.014

    (xiv) 7.14.2.3 Remove the hinged weight gauge and mark the test 
points at the center line and 8 in. (20.3 cm) to the either side of the 
center line (Figure 6 to paragraph (b)(10)(xiv)).

Figure 6 to Paragraph (b)(10)(xiv)--Test Point Location
[GRAPHIC] [TIFF OMITTED] TP26OC23.015

    (xv) 7.14.3 Position the Hand-Held Test Device (Figure 4 to 
paragraph (b)(10)(x)) on a test location, with the footprint ring of 
the fixture centered on the location.
    (xvi) 7.14.4 Apply a 10N (2.25 lb.) force for at least 30 seconds 
and record the peak deflection. The product meets the requirements if 
the deflection is less than 11 mm (0.43 in.).
    (xvii) 7.14.5 Repeat the test on the remaining location.
    (xviii) 7.15 Concavity Measurement
    (xiv) 7.15.1 Configure the rocker with the Hinged Weight Gauge-
Infant installed and locate the head support line as shown in Figure 7 
to paragraph (b)(10)(xiv).

[[Page 73567]]

Figure 7 to Paragraph (b)(10)(xiv)--Width L Measurement
[GRAPHIC] [TIFF OMITTED] TP26OC23.016

    (xx) 17.15.2 Measure the width L, along the head support line and 
the interior of the side supports as shown in Figure 7 to paragraph 
(b)(10)(xiv).
    (xxi) 7.15.3 Place a rigid bar between the side support and over 
the head support line. Measure the maximum vertical distance d, from 
the bottom of the bar to the hinged weight gauge (Figure 8 to paragraph 
(b)(10)(xxi)). Calculate the depth D by adding the thickness of the 
Hinged Weight Gauge-Infant to the vertical distance from the bottom of 
the bar to the top of the Hinged Weight Gauge-Infant.

Figure 8 to Paragraph (b)(10)(xxi)--Depth D = d + Thickness of the 
Gauge
[GRAPHIC] [TIFF OMITTED] TP26OC23.017

    (xxii) 7.15.4 Using the equation shown in Figure 9 to this 
paragraph (b)(10)(xxii), calculate the concavity r by inputting the 
width L and depth D into the equation below. r values greater than 22 
cm (8.66 in.) meet the concavity requirement.

Figure 9 to Paragraph (b)(10)(xxii)--Concavity Equation
[GRAPHIC] [TIFF OMITTED] TP26OC23.018

    (The larger the radius, the flatter the product, and vice versa).
    (xxiii) 7.16 Warning Label Visibility Test:
    (xxiv) 7.16.1 Place rocker on the floor.
    (xxv) 7.16.2 Place and secure the Newborn CAMI dummy (Figure 2 to 
section 2 of ASTM F3084-22) in the rocker.
    (xxvi) 7.16.3 Visibility Tests with and Without Accessories and Toy 
Bars:
    (xxvii) 7.16.3.1 Visibility with CAMI Dummy Restrained in Seat--
Place the CAMI Newborn Dummy in the product with the restraint system 
engaged according to the manufacturer's instructions. While standing in 
front of the product with the Newborn CAMI dummy installed, verify that 
the required warnings are visible and placed above an imaginary 
horizontal line that crosses through the junctions of under arm and 
side of the torso armpits on both left and right sides and not obscured 
by any part of the dummy (Figure 10 to paragraph (b)(10)(xxvii)).

Figure 10 to Paragraph (b)(10)(xxvii)--Allowable Area for Warning Label 
Placement Starts From the Dotted Line That Crosses the Junctions of 
Underarm and Both Sides of the Torso

[[Page 73568]]

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    Note 4 to Figure 10 to paragraph (b)(10)(xxvii): The placement 
of the warnings is only applicable to the English language portions 
of the warning label.

    (xxviii) 7.16.3.2 Visibility with Accessories (Excluding Toy 
Bars)-- Rockers that include any accessory(ies) that could potentially 
obscure the warnings shall comply with visibility requirements of 7.16 
both with such accessory(ies) in place (in all configurations and 
combinations) and with the accessory(ies) removed.
    (xxix) 7.16.3.3 Visibility with Toy Bar--If any part of the 
required warnings is obscured by a toy bar or its attached toys but is 
visible with a shift of the observer's head position, then this is 
considered acceptable.
    (11) Remove section 8.6.7, with Figure 14 and Figure 15 in ASTM 
F3084-22, from ASTM F3084-22.
    (12) Add section 8.6.8 to ASTM F3084-22:
    8.6.8 Warning Location--The applicable warnings as specified in 8.7 
shall be on the front surface of the rocker seat back so as to comply 
with the visibility requirements in 7.16.
    (13) Instead of complying with section 8.7.1 of ASTM F3084-22, 
comply with the following:
    Warning Statements--Each product shall have warning statements. The 
text must address the warnings as shown in Figure 11 to paragraph 
(b)(13).

    Note 5 to paragraphs 13, 14, and 15: ``Address'' means that 
verbiage other than what is shown can be used as long as the meaning 
is the same or information that is product-specific is presented.

Figure 11 to Paragraph (b)(13)
[GRAPHIC] [TIFF OMITTED] TP26OC23.020

    (14) Instead of complying with section 8.7.2 of ASTM F3084-22, 
comply with the following:
    Warning Statements--Each product shall have warning statements. The 
text must address the warnings as shown in Figure 12 to paragraph 
(b)(14):

Figure 12 to Paragraph (b)(14)

[[Page 73569]]

[GRAPHIC] [TIFF OMITTED] TP26OC23.021

    (15) Instead of complying with section 8.7.3 of ASTM F3084-22, 
comply with the following:
    (i) Warning Statements--Each product shall have warning statements. 
The text must address the warnings as shown in Figure 13 to paragraph 
(b)(15)(ii) or Figure 14 to paragraph (b)(15)(ii):
    (ii) 8.7.3 Infant/toddler Rockers with Shoulder Straps as Part of 
the Restraint System may use either 8.7.3.1 or 8.7.3.2.

Figure 13 to Paragraph (b)(15)(ii)
[GRAPHIC] [TIFF OMITTED] TP26OC23.022

Figure 14 to Paragraph (b)(15)(ii)

[[Page 73570]]

[GRAPHIC] [TIFF OMITTED] TP26OC23.023

    (16) In addition to complying with section 8.8 of ASTM F3084-22, 
comply with the following:
    8.8 Manufacturers may present the SUFFOCATION & ASPHYXIA HAZARD and 
FALL HAZARD warning information on separate labels. If presented 
separately, both labels shall still meet the requirements set forth in 
sections 7.16 and 8.6.
    (17) Instead of complying with section X1.2 of ASTM F3084-22, 
comply with the following:
    X1.2 Subsection 6.3.1.1--The forward stability test is required if 
the rocker is to be used after a child can sit up unassisted due to 
incident data showing injuries because of occupants leaning forward 
between the ages of 6 and 9 months.
    (18) Replace Figure 8 in ASTM F3084-22 with the following:

Figure 15 to Paragraph (b)(18)--Forward Stability Test Fixture
[GRAPHIC] [TIFF OMITTED] TP26OC23.024



[[Page 73571]]


    Note 6 to Figure 15 to paragraph (b)(18): Reprinted, with 
permission, from ASTM F2167-22 Standard Consumer Safety 
Specification for Infant Bouncer Seats, copyright ASTM 
International, 100 Barr Harbor Drive, West Conshohocken, PA 19428. A 
copy of the complete standard may be obtained from ASTM 
International, www.astm.org.


Sarah Bock,
Paralegal Specialist, Consumer Product Safety Commission.
[FR Doc. 2023-23322 Filed 10-25-23; 8:45 am]
BILLING CODE 6355-01-C


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