### 73621 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices

1 Commissioner Nancy A. Nord issued a statement regarding this issue. The statement is available on the Commission Web site,

www.cpsc.gov or from the Office of the Secretary. Service Networks (VISNs) 1, 3, 4, 5, 6, 7, and 8, as aggregated by Service Area Office (SAO) East, Veterans Health Administration, Department of Veterans Affairs, Pittsburgh, PA, with an effective date of November 26, 2012. This Notice is to clarify that the Committee’s decision to add the referenced eyewear requirement to the Procurement List
does not affect current contracts or option years exercised under those
contracts. Nor does the Committee’s decision preclude the Department of Veterans Affairs from implementing its Veterans First Program in awarding prime contracts for optical products and
services in accordance with their published procedures.

Further, the Committee is temporarily suspending the November 26, 2012 effective date for the following locations: VISNs 1, 3, 4, 5, 6 and those portions of VISN 8 that have existing
commercial contracts as of November 26, 2012. Concurrently, pursuant to 41 CFR 51–2.4, the Committee will
reconsider the decision in order to
determine whether it had all appropriate information for
consideration when the Committee
extended to SAO East its decision that the products were suitable for procurement by the Government.

Interested parties may submit comments pertaining to the eyewear
addition for the Committee’s consideration no later than 5 p.m. on January 28, 2013. Comments received
after this date will not be considered. Comments should be submitted to Barry
S. Lineback at the address above.

Dated: December 6, 2012. Barry S. Lineback,
Director, Business Operations.

[FR Doc. 2012–29873 Filed 12–10–12; 8:45 am]

**BILLING CODE 6353–01–P**

**CONSUMER PRODUCT SAFETY**
**COMMISSION**

**[CPSC Docket No. 13–1]**

**Baby Matters, LLC; Complaint**

**AGENCY :**  Consumer Product Safety

Commission

**ACTION :**  Publication of a Complaint under the Consumer Product Safety Act.

**SUMMARY :**  Under provisions of its Rules of Practice for Adjudicative Proceeding (16 CFR part 1025), the Consumer Product Safety Commission must publish in the Federal Register Complaints which it issues. Published below is a Complaint: In the Matter of Baby Matters, LLC. 1

**SUPPLEMENTARY INFORMATION :**  The text of the Complaint appears below.

Dated: December 5, 2012.

Todd A. Stevenson,
Secretary.

UNITED STATES OF AMERICA

CONSUMER PRODUCT SAFETY

COMMISSION

In the Matter of BABY MATTERS LLC, Respondent.

CPSC DOCKET NO. 13–1

Complaint

Nature of Proceedings

1. This is an administrative enforcement proceeding pursuant to
Section 15 of the Consumer Product Safety Act (‘‘CPSA’’), as amended, 15 U.S.C. 2064, and Section 15 of the
Federal Hazardous Substances Act (‘‘FHSA’’), as amended, 15 U.S.C. 1274, for public notification and remedial action to protect children from the substantial risks of injury and death presented by infant recliners known as the Nap Nanny ® and the Nap Nanny ®
Chill TM (collectively, the ‘‘Subject Products’’), imported, distributed and sold by Baby Matters LLC (‘‘Baby Matters’’ or ‘‘Respondent’’).

2. This proceeding is governed by the Rules of Practice for Adjudicative Proceedings before the Consumer Product Safety Commission (the ‘‘Commission’’), 16 CFR part 1025.

Jurisdiction
3. This proceeding is instituted pursuant to the authority contained in Sections 15(c), (d) and (f) of the CPSA, 15 U.S.C 2064 (c), (d) and (f), and Sections 15(c), (d) and (e) of the FHSA, 15 U.S.C. 1274(c), (d) and (e).

Parties

4. Complaint Counsel is the staff of the Division of Compliance within the
Office of the General Counsel of the Commission (‘‘Complaint Counsel’’). The Commission is an independent federal regulatory agency established pursuant to Section 4 of the CPSA, 15

U.S.C. 2053.

5. Respondent is a Pennsylvania limited liability company with its principal place of business located at 531 Winston Way, Berwyn, Pennsylvania, 19312.

6. From January 2009 until November 2012, Respondent was an importer, distributor, and retailer of the Subject Products, as those terms are defined in CPSA Sections 3(a)(5), (7), (8), (11) and (13) of the CPSA, 15 U.S.C. 2052(a)(5), (7), (8), (11) and (13).

7. As an importer, from January 2009 until November 2012 Respondent was a
‘‘manufacturer’’ as that term is defined in CPSA Section 3(a)(11), 15 U.S.C. 2052(a)(11).

The Consumer Product

8. From January 2009 until November 2012, Respondent imported and distributed the Subject Products in U.S.
commerce and offered them for sale to consumers for their personal use in or around a permanent or temporary household or residence, in recreation or
otherwise.

9. The Subject Products are sold under the brand names Nap Nanny ® (‘‘Nap Nanny’’), and The Nap Nanny ®
Chill TM ’’ (the ‘‘Chill’’).

10. Upon information and belief, three models of the Nap Nanny have been
introduced in U.S. commerce.

11. Upon information and belief, one model of the Nap Nanny (‘‘Generation One’’) was sold between January 2009 and August 2009.

12. Upon information and belief, the Generation One consists of a shaped foam seat base covered by a removable fabric shell, and is equipped with a three-point harness.

13. Upon information and belief, the
harness on each Generation One
Product is attached to the fabric cover only and is not secured to the foam base
underneath.

14. Upon information and belief, a second model of the Nap Nanny (‘‘Generation Two’’) was sold between August 2009 and as late as April 2012.

15. Upon information and belief, the Generation Two consists of a shaped foam seat base covered by a removable fabric shell and is equipped with a three-point harness.

16. Upon information and belief, the
contour of the foam seat base of the
Generation Two is identical to that of
the Generation One.

17. Upon information and belief, the harness system in the Generation Two is
sewn to the fabric cover but also can be secured to two ‘‘D’’-shaped rings embedded in the foam base by means of
Velcro TM tabs.

18. Upon information and belief, a third model of the Nap Nanny, the Chill, has been sold since January 2011.

19. Upon information and belief, the Chill consists of a shaped foam seat base covered by a removable fabric shell and is equipped with a three-point harness.

20. Upon information and belief, the
contour of the Chill model’s foam base


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has been modified from those of the
Generation One and Generation Two versions of the Subject Products.

21. Upon information and belief, the
contour of the Chill forms a more narrow space around the infant’s hip area and provides a higher side wall on
either side of the infant than do either
the Generation One or Generation Two models of the Subject Products.

22. Upon information and belief, the harness in the Chill is permanently attached to the foam base, in contrast to the design of the Generation One and Generation Two Subject Products.

23. Upon information and belief, the foam core components of the Subject Products were, and continue to be, manufactured by G&T Industries, of Reading, Pennsylvania.

24. Upon information and belief, the
fabric covers of the Generation One and a portion of fabric covers of the Generation Two were manufactured by Ricochet Manufacturing, of Philadelphia, Pennsylvania.

25. Upon information and belief, the fabric covers for a portion of the Generation Two are manufactured by Jiaxing Jiayi Garment Co. Ltd., of Jiazing, Zhejiang, in China.

26. Upon information and belief, the
fabric covers for the Chill are manufactured by Jiaxing Jiayi Garment Co. Ltd., of Jiazing, Zhejiang, in China.

27. Upon information and belief, Respondent imports these fabric covers
into the United States.

28. Upon information and belief, the Subject Products have been, and continue to be, sold for a retail price of approximately $130.

29. Upon information and belief, approximately 5,000 units of the Generation One and 50,000 units of the
Generation Two have been sold to
consumers in the United States.

30. Upon information and belief, approximately 100,000 units of the Chill
have been sold to consumers in the
United States.

31. Upon information and belief, Respondent advised the public on its
Web site in November 2012 that Respondent has ‘‘closed [its] doors,’’ and directed consumers to Respondent’s retail partners that continued to sell the
Chill.

32. Upon information and belief, subsequently, on or about November 27, 2011, Respondent removed the message that it had ‘‘closed [its] doors’’ and replaced it with links to the Chill’s User Guide and registration. Respondent retained the message directing consumers to Respondent’s retail partners that continued to sell the Chill. Count 1

The Subject Products are Substantial Product Hazards Under Section 15(a)(2) of the CPSA, 15 U.S.C. 2064(a)(2), Because They Contain Product Defects That Create a Substantial Risk of Injury
to the Public

The Subject Products Contain a Design Defect

33. Paragraphs 1 through 32 are hereby realleged and incorporated by reference as though fully set forth
herein.

34. A product may contain a defect even if a product is manufactured in exact accordance with its design and specifications, if the design presents a risk of injury to the public. 16 CFR § 1115.4.

35. Upon information and belief, because the restraint system in the Generation One is designed such that the harness straps are secured only to
the fabric cover and cannot be attached to the foam seat base, the fabric cover can move freely over the seat base so that there is no means of anchoring the harness to any fixed point.

36. Upon information and belief, this defective design allows the infant to have significant movement within the
Generation One even when the harness
is used.

37. Upon information and belief, the harness straps of the Generation One slide easily through the buckles when the infant user moves, preventing a secure, snug fit around the infant’s

waist.

38. Upon information and belief, this defective design allows freedom of
movement such that the infant is able to
maneuver over the side walls of the
Generation One and into other compromised positions. This hazardous
scenario exists even while the harness is

in use.

39. Upon information and belief, the restraint system in the Generation Two is designed such that the two harness straps that encircle the infant’s waist are
sewn to the fabric cover but also could be secured, via Velcro TM tabs, to two ‘‘D’’-shaped rings embedded in the foam seat base. The third point of the harness
is sewn to the fabric cover between the infant user’s legs with no means of attaching it to a fixed point on the foam seat base, causing the harness straps to slide easily through the buckles and prevent a secure, snug fit around the
infant’s waist.

40. Upon information and belief,
when the harness is not attached to the ‘‘D’’-shaped rings, the Generation Two harness moves freely with the fabric

cover. 41. Upon information and belief, this defective design allows an infant to fall or hang over the side of a Generation Two even while the harness is in use, which can result in injury or death.

42. Upon information and belief, parents and caregivers who remove the
fabric cover of the Generation Two are directed in Respondent’s instructions
that failure to secure the harness around the ‘‘D’’ shaped rings can allow the
infant to turn and contact the floor.

43. Upon information and belief, the
Velcro TM tabs in the Generation Two
loosen as the infant user moves in the

seat.

44. Upon information and belief, over time, due to the nature of Velcro TM , the tabs gradually detach with ease, thereby rendering the restraint system ineffective, posing a risk of injury and
death to the infant.

45. Upon information and belief, parents or other caregivers using a Generation Two are not likely to immediately know that the Velcro TM tabs have detached from the ‘‘D’’-shaped ring.

46. Upon information and belief, parents or other caregivers, may be unaware of the importance of ensuring
that the Velcro TM tabs are secured around the ‘‘D’’-shaped rings after replacing the cover and before every

use.

47. Upon information and belief, because the restraint system in the Chill is permanently attached to three points on the foam seat base, this design makes it difficult for caregivers to adjust the waist straps.

48. Upon information and belief, because it is difficult to adjust the waist straps in the Chill, parents and other caregivers are less likely to use the
harness.

49. Upon information and belief, due to difficulty of use in the case of the
Chill and ineffectiveness in the case of the other models, parents and other caregivers are unlikely to use the harness on any of the Subject Products.

50. Upon information and belief, even if the harness is used, the harness may fail to prevent the infant user from moving into a compromised position if it is not adequately tightened around the
infant.

51. These defective designs pose a risk of injury and death to infant users.

The Subject Products Are Defective Because the Risk of Injury Occurs as a Result of Their Operation or Use

52. A design defect may also be present if the risk of injury occurs as a result of the operation or use of the product. 16 CFR § 1115.4.


### 73623 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices

53. Upon information and belief, the Subject Products have been advertised and marketed by Respondent as devices that promote a full night’s sleep for
infants.

54. Upon information and belief, the risk of injury occurs as a result of the use of the Subject Products by parentsand caregivers who, contrary to the onproduct warnings, are likely to use the product, regardless of the version, in cribs and other traditional sleep
environments in order to ensure the child’s safety during a full night’s sleep.

55. Upon information and belief, the risk of injury occurs as a result of the
foreseeable use and/or misuse of the Subject Products by parents and caregivers.

56. Upon information and belief, infants who are not adequately restrained in the Subject Products may move into compromised positions on
the side or inside the seat well of the recliner, which can result in injury or
death.

57. Upon information and belief, when a Subject Product is used in a crib, an infant may be able to maneuver its head over the side of the Subject Product and become entrapped between the Subject Product and a bumper pad of a crib or the side of a crib, which can result in injury or death.

58. The Subject Products contain a design defect because they fail to operate as intended and present a substantial risk of injury to the public.

The Subject Products Are Defective
Because Their Instructions and Warnings Are Inadequate

59. A defect can occur in a product’s contents, construction, finish, packaging, warnings and/or instructions. 16 CFR § 1115.4.

60. A defect can occur when reasonably foreseeable consumer use or misuse, based in part on the lack of adequate instructions and safety warnings, could result in injury, even where there are no reports of injury. 16 CFR § 1115.4.

61. Upon information and belief, from approximately January 2009 through July 2010, all of the Generation One and Generation Two models had a warning label that read as follows: ‘‘Safety guidelines to prevent injury or death:
FALL HAZARD: ALWAYS use on the floor. This product should not be used inside a crib. NEVER place product on countertops, tables, steps or other
elevated surfaces. SUFFOCATION
HAZARD: NEVER use on soft or uneven surface (sofa, bed cushion), as seat may tip over and cause suffocation. NEVER use with blankets, towels, pillows, or other soft objects while child is in seat. Intended for infants 8 pounds or 3.6 kilograms and above. NEVER leave child in the seat when straps are loose or undone. Adjust the straps provided so they fit snugly around the infant. NEVER move or carry unit while child is in seat. Not intended for carrying a baby.’’

62. Upon information and belief, this warning was printed in extremely small (approximately 6-point) font on the underside of the product, which would be placed on the floor or other surface
and thus not visible to consumers during use.

63. Upon information and belief, on or about April 17, 2010, a six-month-old girl died when she suffocated while using a Generation Two model of the Subject Products. Not secured in the harness, the infant was found with her face pressed between the Nap Nanny and the crib bumper. The medical
examiner ruled the cause of death as probable positional asphyxia.

64. Upon information and belief, on or about July 9, 2010, a four-month-old girl died when she suffocated between a Generation Two Nap Nanny and the bumper in her crib. Although the
harness had been secured around the infant, it failed to adequately restrain her in the seat. She was found by her mother in the Nap Nanny, with the
harness secured but with her head tilted back and her neck hyperextended. Her face was pressed against the bumper pad of her crib. The medical examiner ruled the cause of death as position/ compression asphyxia.

65. On July 26, 2010, the Commission and the Respondent issued a joint press release announcing a recall of the
Generation One and the Generation Two models of the Subject Products: Baby Matters Recalls Nap Nanny ® Recliners Due to Entrapment, Suffocation and Fall Hazards; One Infant Death Reported.

66. Upon information and belief, on or about July 26, 2010, Respondent executed a corrective action plan in cooperation with the U.S. Consumer Product Safety Commission. As part of this corrective action plan, Respondent modified the warnings, instructions, and labeling on the Generation Two products that were in Respondent’s inventory at the time and on the Subject Products imported, sold, and distributed thereafter by Respondent.

67. Upon information and belief, as part of the corrective action, Respondent relocated the warning label from the
underside of the Generation Two model
to the front of the Generation Two model, increased the font size of the warning, and changed the text of the warning label to read as follows: ‘‘ALWAYS use on floor. NEVER use in
crib. ALWAYS secure buckles on
harness. NEVER use with infant under 8 pounds (3.6 kilograms). When infant can sit up, do not use for sleep. Suffocation hazards:—Do not place inside crib, other contained areas, or on
the floor next to other vertical surfaces (e.g., walls, dresser). An infant who leans over side can become entrapped between the product and another object.—Never use on soft surfaces (e.g., bed, sofa, cushion) where product can tip over and cause suffocation in soft surfaces.—Do not add blankets, towels, or other soft objects that can cover face.
Fall hazards:—Never use on counter tops, tables or other elevated surfaces from which infant can fall.—Never carry product with infant in it.—ALWAYS secure infant snugly in harness or infant may turn sideways and fall. Strangulation hazards:—Head/neck can get caught in loosely fastened seatbelt if infant tries to get out of product.—Head/ neck can get caught in a fastened
seatbelt not in use if active infant tries to climb in and out of product
unassisted.’’

68. Upon information and belief, the change in warning did not address the Subject Products that had already been purchased by consumers or that remained in retailers’ inventory.

69. Upon information and belief, for products already purchased by
consumers or those that remained in retailers’ inventory, Respondent
directed retailers with Generation Two products to place a sticker on the plastic bag covering the product.

70. Upon information and belief, the sticker directed users to a website, www.napnanny.com/recall, which contained the revised warnings and instructions that were part of the recall and corrective action plan.

71. Upon information and belief, at the time of the recall, Respondent knew of the July 9, 2010 fatality, one injury, and 21 other incidents resulting from the failure of the harness systems on the
Generation One and the Generation Two to properly secure the infant.

72. Upon information and belief,
since the Chill was first introduced into commerce in January 2011, the warning
label read as follows: ‘‘To avoid serious injury or death, read and follow the warnings and instructions provided
below: ALWAYS use on floor. NEVER
use in crib. ALWAYS secure buckles on harness. NEVER use with clothing or
blankets that interfere with the use of the harness. Harness must always be snug against your child. NEVER use with infant under 8 pounds (3.6 kilograms). When infant can sit up, do not use for sleep. For infants who


### 73624 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices

cannot sit up, use for sleep, feeding and play time. ALWAYS secure infant snugly in harness or infant may turn sideways and fall. Suffocation hazards— Do not place inside crib, other contained areas, or on the floor next to other vertical surfaces (e.g., walls, dresser). An infant who leans over side can become entrapped between the product and another object.—Never use on soft surface (e.g., bed, sofa, cushion) where product can tip over and cause
suffocation in soft surfaces.—Do not add blankets, towels, or other soft objects
that can cover face. Fall hazards—Never use on counter tops, tables, or other
elevated surfaces from which infant can fall.—Never carry product with infant in it.—ALWAYS secure infant snugly in harness or infant may turn sideways and fall. Strangulation hazards—Head/neck can get caught in loosely fastened seatbelt if infant tries to get out of product.—Head/neck can get caught in
a fastened seatbelt not in use if active
infant tries to climb in and out of product unassisted.’’

73. Upon information and belief, subsequent to the July 2010 recall, and despite enhanced warnings and revised instructions on the Subject Products, parents and caregivers continue to use the Subject Products inside of cribs and other sleeping environments, contrary to the warnings on the Subject Products.

74. Upon information and belief, subsequent to the July 2010 recall, and despite enhanced warnings and revised instructions on the Subject Products, parents and caregivers continue to use the Subject Products without using the harness or ensuring that the harness is firmly secured around the infant.

75. Upon information and belief, since the July 2010 recall, at least three additional fatalities of infants using the Subject Products have been reported.

76. Upon information and belief, one
of those fatalities involved an infant sleeping in the Chill.

77. Upon information and belief, over 70 other incidents have been reported of children nearly falling out of the Subject
Products.

78. The warnings and instructions on the Subject Products are inadequate and defective because they do not and cannot effectively communicate to parents and caregivers the hazard associated with use of the Subject Products inside cribs and other sleep
enclosures.

79. The warnings and instructions on the Subject Products are inadequate and defective because they do not and cannot effectively communicate to parents and caregivers the hazard associated with the Subject Products if the harness is not used or is not snugly
secured around the infant.

80. Because the warnings and instructions on the Subject Products are inadequate and defective, parents will continue to use the Subject Products in
cribs or other enclosures.

81. Because the warnings and instructions on the Subject Products are inadequate and defective, parents will not use the harness provided or will not secure it snugly around the infant.

82. Parents and caregivers cannot and do not appreciate the hazard associated with using the Subject Products in locations other than the floor, and it is thus foreseeable that they will use the Subject Products in cribs, play yards, or
other enclosures. These uses can and do result in infant death and injury.

83. Parents and caregivers cannot and do not appreciate the hazard associated with not using the harness or not securing the harness snugly, and it is foreseeable that they will use the Subject Products without securing the harness or without securing it snugly
around the infant. These uses can and do result in infant death and injury.

84. The warnings on the Subject Products are inadequate and defective because while they warn against use of the Subject Products in a crib and
advise users to secure the infant with the three point harness, they do not convey the gravity of the consequences of non-compliance. Specifically, the warnings and instructions do not
communicate that an infant can die if placed in a Subject Product used in a crib or other enclosure, or if the harness is not used or adequately secured. These uses can and do result in infant injury
and death.

85. In addition, the warnings and
instructions on the Generation Two are inadequate and defective because they do not convey the importance of ensuring, before each use, that the
Velcro TM tabs are attached to the ‘‘D’’- shaped rings embedded in the foam
seat. The Velcro TM tabs can loosen with
time and normal use of the Generation Two, allowing a child to extend his or her head over the side of the product or
to fall down inside the well of the seat. It is not obvious to caregivers when these rings become loosened or
unattached.

86. The effectiveness of the warnings on the Subject Products is further diminished by the advertising and marketing of the Subject Products.

87. Upon information and belief, in 2009 and thereafter, Respondent advertised the Subject Products as sleep products.

88. Upon information and belief, the advertisements encouraged consumers to use them for unattended, overnight sleep, advancing the tagline, ‘‘Everybody Sleeps!’’

89. Upon information and belief, Respondent’s advertisements further encouraged consumers to use the Subject Products as a traditional sleep environment, contending that the product is, ‘‘Better than a bassinet, more effective than a wedge.’’

90. Upon information and belief, Respondent’s advertisements also promoted the Subject Products as a safe environment for infant sleep, by characterizing the Subject Products as, ‘‘The only portable infant recliner designed for sleep, play—and peace of
mind.’’

91. Upon information and belief, advertising for the Chill promotes the Chill as having ‘‘a 3-point safety harness anchored to the foam—no D-rings or loose cover to worry about—a contoured
bucket for maximum containment and a large foam base for total stability.’’

92. Upon information and belief, that advertisement suggests that the Chill is
safer than the Generation Two.

93. Upon information and belief, Respondent’s retail partners advertised and marketed the Subject Products as asolution for babies with gastroesophageal reflux disease that have difficulty sleeping comfortably on flat surfaces. Respondents knew or should have known that its retail partners advertised and marketed the Subject
Products in this manner.

94. The advertising and marketing of the Subject Products conflict with the current warnings and instructions that the Subject Products should not be used for unattended overnight sleep.

95. The advertising and marketing of the Subject Products conflict with the current warnings and instructions that the Subject Products not be used if the infant can sit up unaided.

96. Because the advertising and marketing of the Subject Products conflict with the weight, age, and usage restrictions described on the label, the effectiveness of the warning label is
diminished.

97. Even if the warnings and instructions on the Subject Products were enhanced, and the attendant advertising were changed, it is foreseeable that parents and caregivers would continue to use the products in cribs, bassinettes, and other sleep

environments.

98. Parents and caregivers are likely to continue to use the Subject Products in enclosed spaces such as cribs in order to create a barrier to older siblings, pets, or pests in the home.

99. Parents and caregivers are likely to continue to use the Subject Products in


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cribs because cribs are traditionally viewed as safe sleeping environments.

100. Because of the lack of adequate instructions and safety warnings, a substantial risk of death and injury
occurs as a result of the foreseeable use and misuse of the Subject Products.

The Type of the Risk of Injury Renders the Subject Products Defective

101. The risk of injury associated with a product may render the product defective. 16 CFR § 1115.4.

102. The nature of the risk of injury
includes death if a child becomes trapped between the side of the Subject Products and the bumper pad or the
side of a crib.

103. The nature of the risk of injury
also includes death if a child is not restrained in the seat of the Subject
Products and suffocates on the interior
wall or well of the seat.

104. Infants, a vulnerable population protected by the CPSA and FHSA, are exposed to risk of injury by the Subject
Products.

105. The risk of injury associated with use of the Subject Products in a crib is
neither obvious nor intuitive.

106. The risk of injury associated with use of the Subject Products without the harness or without tightly securing the
harness is neither obvious nor intuitive.

107. Warnings and instructions cannot adequately mitigate the risk of injury and death associated with use of the Subject Products.

108. Because Respondent promoted the use of the Subject Products for unsupervised, overnight sleep, use of the Subject Products in a crib or other
enclosed areas is foreseeable.

109. Use of the Subject Products without securing the harness around the
infant is foreseeable.

110. The type of the risk of injury renders the Subject Products defective.

The Subject Products Create a Substantial Risk of Injury to the Public

111. The Subject Products pose a risk of injury or death to infants who may, consistent with developmentally appropriate behavior, maneuver to compromised positions either within Subject Products or partially outside Subject Products used in cribs.

112. Therefore, because the Subject
Products are defective and create a substantial risk of injury, the Subject Products present a substantial product hazard within the meaning of Section 15(a)(2) of the CPSA, 15 U.S.C. 2064(a)(2). Count 2

The Subject Products Are Intended for Use by Children and Contain Defects Which Create a Substantial Risk of Injury to Children Under Section 15(c)(1) of the FHSA

113. Paragraphs 1 through 112 are hereby realleged and incorporated by reference as though fully set forth
herein.

114. Upon information and belief, the Subject Products are an article intended for use by children as young as newborns. Respondent has marketed, and continues to promote, the Subject Products as appropriate for use by infants weighing eight pounds or more until the infant can sit up unassisted.

115. The Subject Products contain a design defect that is present in all models of the Subject Products.

116. The harness designs in the
Generation One and the Generation Two are defective because each design fails to adequately restrain the infant user.

117. The harness design in the
Generation Two is also defective because the ‘‘D’’-shaped ring in the foam
base must be secured after the cover is changed, and can also become loose with regular use of the product. Caregivers are not informed adequately of the importance of securing the harness straps to the ‘‘D’’-shaped rings
embedded in the foam seat base and may use the product without securing the ‘‘D’’-shaped rings or ensuring that they are adequately tightened before
each use.

118. The harness design in the Chill
is defective because the double-threaded buckles inhibit a caregiver’s ability to
secure the harness around the infant user, thereby reducing the effectiveness
of the harness and the likelihood of use of the harness by the caregiver.

119. Upon information and belief, Respondent has distributed over 150,000 Subject Products into U.S.
commerce and the Chill continues to be available for purchase through Respondent’s retail partners.

120. Upon information and belief, the severity of the risk associated with use of all of the Subject Products is extremely high, as five infants have died while using the Subject Products.

121. The Subject Products contain a defect, which creates a substantial risk of injury to children because of the pattern of defect, the number of such
defective articles distributed in commerce and the severity of the risk within the meaning of Section 15(c)(1) of the FHSA, 15 U.S.C. § 1274(c)(1). Relief Sought

Wherefore, in the public interest, Complaint Counsel requests that the

Commission:

A. Determine that the Subject Products present a ‘‘substantial product hazard’’ within the meaning of Section 15(a)(2) of the CPSA, 15 U.S.C. 2064(a)(2), and/or present a ‘‘substantial product hazard’’ within the meaning of Section 15(a)(1) of the CPSA, 15 U.S.C. 2064(a)(1).

B. Determine that the Subject Products contain a defect, which creates a substantial risk of injury to children because of the pattern of defect, the
number of such articles distributed in commerce, the severity of the risk, or otherwise, within the meaning of Section 15(c)(1) of the FHSA, 15 U.S.C. 1274(c)(1).

C. Determine that extensive and effective public notification under Section 15(c) of the CPSA, 15 U.S.C. 2064(c), is required to protect the public and children adequately from the substantial product hazard presented by the Subject Products, and order Respondent under Section 15(c) of the CPSA, 15 U.S.C. 2064(c) to:

(1) Cease any remaining distribution of the product to other distributors, wholesalers or retailers;

(2) Notify all persons that transport, store, distribute or otherwise handle the Subject Products, or to whom such products have been transported, sold, distributed or otherwise handled, to immediately cease distribution of the Subject Products;

(3) Notify appropriate state and local public health officials;

(4) Give prompt public notice of the defects in the Subject Products, including the incidents and injuries associated with use of the Subject Products including posting clear and conspicuous notice on Respondent’s Web site, and providing notice to any third party Web site on which Respondent has placed the Subject Products for sale, and provide further announcements in languages other than English and on radio and television;

(5) Mail notice to each distributor or retailer of the Subject Products; and

(6) Mail notice to every person to whom the Subject Products were delivered or sold;

D. Determine that extensive and effective public notification under Section 15(c)(1)(A) of the FHSA, 15 U.S.C. 1274(c)(1), is required to protect the public and children adequately from the substantial product hazard presented by the Subject Products, and order Respondent under Section 15(c) of the FHSA, 15 U.S.C. 1274(c)(1)(A) to:


### 73626 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices

(1) To give public notice that such defective toy or article contains a defect which creates a substantial risk of injury to children;

(2) To mail such notice to each person who is a manufacturer, distributor, or dealer of such toy or article; and

(3) To mail such notice to every person to whom the person giving notice knows such toy or article was
delivered or sold.

E. Determine that action under Section 15(d) of the CPSA, 15 U.S.C. 2064(d) and Section 15(c)(2) of the FHSA, 15 U.S.C. 1274(c)(2), is in the public interest and additionally order Respondent to:

(1) Refund consumers the purchase price of the Subject Products;

(2) Make no charge to consumers and to reimburse consumers for any reasonable and foreseeable expenses incurred in availing themselves of any remedy provided under any Commission Order issued in this matter, as provided by Section 15 U.S.C. 2064(e)(1) of the CPSA and Section 15 U.S.C. 1274(d)(1) of the FHSA;

(3) Reimburse retailers for expenses in connection with carrying out any Commission Order issued in this matter, including the costs of returns, refunds and/or replacements, as provided by Section 15(e)(2) of the CPSA, 15 U.S.C. 2064(e)(2) and Section 15(d)(2) of the FHSA, 15 U.S.C. 1274(d)(2);

(4) Submit a corrective action program satisfactory to the Commission, within ten (10) days of service of the Final Order, directing that actions specified in Paragraphs C(1) through (6) and D(1) through (3) above be taken in a timely

manner;

(5) To submit monthly reports, in a format satisfactory to the Commission, documenting the progress of the corrective action program;

(6) For a period of five (5) years after
issuance of the Final Order in this matter, to keep records of its actions taken to comply with Paragraphs C(1) through (6) and D(1) through (3) above, and supply these records to the Commission for the purpose of monitoring compliance with the Final Order; and

(7) For a period of five (5) years after
issuance of the Final Order in this matter, to notify the Commission at least sixty (60) days prior to any change in its business (such as incorporation, dissolution, assignment, sale, or petition for bankruptcy) that results in, or is intended to result in, the emergence of a successor corporation, going out of business, or any other change that might affect compliance obligations under a Final Order issued by the Commission
in this matter. F. Order that Respondent shall take
other and further actions as the Commission deems necessary to protect the public health and safety and to comply with the CPSA and FHSA.

Issued By Order of the Commission: Dated this

l day of December, 2012.

lllllllllllllllllllll BY: Marc Schoem Acting Assistant Executive Director for Compliance and Field Operations U.S. Consumer Product Safety Commission, Bethesda, MD 20814, Tel: (301) 504–7520. Mary B. Murphy, Assistant General Counsel, Division of Compliance, Office of General Counsel, U.S. Consumer Product Safety Commission, Bethesda, MD 20814, Tel: (301) 504–7809.

lllllllllllllllllllll Kelly Moore, Trial Attorney, Complaint Counsel, Division of Compliance, Office of the General Counsel, U.S. Consumer Product Safety Commission, Bethesda, MD 20814, Tel: (301) 504–7447.

Certificate of Service

I hereby certify that on December

l , 2012, I served the foregoing Complaint and List of Summary and Documentary Evidence upon all parties of record in these proceedings by hand-delivering and mailing, certified mail, postage prepaid, a copy to each at their principal place of business, and courtesy copy to counsel, as follows: Baby Matters LLC, 531 Winston Way, Berwyn, PA 19312. Raymond G. Mullady, Jr., BLANK ROME LLP, Watergate, 600 New Hampshire Avenue NW., Washington, DC 20037, Counsel for Baby Matters LLC. Mary B. Murphy, Complaint Counsel for U.S. Consumer Product Safety

Commission.

[FR Doc. 2012–29760 Filed 12–10–12; 8:45 am]

**BILLING CODE 6355–01–P**

**DEPARTMENT OF EDUCATION**

**[Docket No. ED–2012–ICCD–0030]**

**Agency Information Collection Activities; Submission to the Office of**  **Management and Budget for Review and approval; Comment Request;** 
**Student Assistance General**
**Provisions—Non-Title IV Revenue Requirements (90/10)** 

**AGENCY :**  Department of Education (ED), Federal Student Aid (FSA).

**ACTION :**  Notice

**SUMMARY :**  In accordance with the Paperwork Reduction of 1995 (44 U.S.C. chapter 3501 et seq. ), ED is proposing an extension of an existing information
collection.

**DATES :**  Interested persons are invited to submit comments on or before January

10, 2013.

**ADDRESSES :**  Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http:// www.regulations.gov by selecting
Docket ID number ED–2012–ICCD–0030 or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email
and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery
should be addressed to the Director of
the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW, LBJ, Room 2E105, Washington, DC 20202–4537.

**FOR FURTHER INFORMATION CONTACT :**  Electronically mail ICDocketMgr@ed.gov. Please do not
send comments here.

**SUPPLEMENTARY INFORMATION :**  The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public’s reporting burden. It also helps the public understand the Department’s information collection requirements and provide the requested
data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the
burden of this collection on the respondents, including through the use of information technology. Please note
that written comments received in response to this notice will be considered public records.

Title of Collection: Student Assistance
General Provisions—Non-Title IV Revenue Requirements (90/10).

OMB Control Number: 1845–0096.