[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Notices]
[Pages 83533-83536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26364]


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CONSUMER PRODUCT SAFETY COMMISSION

[CPSC Docket No. 2023-0031]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Investigation of Smart Toys and Additional Toys 
Through Child Observations

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

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SUMMARY: Pursuant to the Paperwork Reduction Act of 1995 (PRA), this is 
the Consumer Product Safety Commission's (CPSC or Commission) second 
notice inviting public comment about a request for approval from the 
Office of Management and Budget (OMB) for a new information collection. 
The proposed collection is associated with CPSC's investigation, 
through child observations and caregiver questionnaires, of smart toys 
and additional toys (take-apart vehicles, musical instruments, 
figurines, plush toys with electronic components, and manipulatives) to 
consider children's ability to interact with toys as the manufacturer 
intended and assist in updating CPSC's age determination guidelines. We 
received one comment on the first notice, which we address in this 
notice, and again describe the proposed collection of information. By 
publication of this notice, the Commission announces that CPSC has 
submitted to the OMB a request for approval of the collection of 
information, as proposed.

DATES: Submit written or electronic comments on the collection of 
information by January 2, 2024.

ADDRESSES: Submit comments about this request by email: 
<a href="/cdn-cgi/l/email-protection#fcb3b5aebda38f899e91958f8f959392bc93919ed299938cd29b938a"><span class="__cf_email__" data-cfemail="06494f5447597573646b6f75756f696846696b642863697628616970">[email protected]</span></a> or fax: 202-395-6881. Comments by mail 
should be sent to the Office of Information and Regulatory Affairs, 
Attn: OMB Desk Officer for the CPSC, Office of Management and Budget, 
Room 10235, 725 17th Street NW, Washington, DC 20503. In addition, 
written comments that are sent to OMB, also should be submitted 
electronically at: http://www.regulations.gov, under Docket No. CPSC-
2023-0031, by any of the following methods:
    Electronic Submissions: CPSC encourages you to 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 as described below.
    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#5d3e2d2e3e70322e1d3e2d2e3e733a322b"><span class="__cf_email__" data-cfemail="13706360703e7c6053706360703d747c65">[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

[[Page 83534]]

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; insert the 
docket number, CPSC-2023-0031, into the ``Search'' box; and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Cynthia Gillham, Consumer Product 
Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; 
(301)504-7791, or by email to: <a href="/cdn-cgi/l/email-protection#1350547a7f7f7b727e53706360703d747c65"><span class="__cf_email__" data-cfemail="6320240a0f0f0b020e23001310004d040c15">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501-3521), before an agency submits a proposed collection 
of information to OMB for approval, it must first publish a document in 
the Federal Register providing a 60-day comment period and otherwise 
consult with members of the public and affected agencies concerning the 
proposed collection of information. CPSC published notice of this 
collection on August 7, 2023, and received one comment. 88 FR 52142. 
CPSC has not made any changes in the study based on that comment.

I. Burden Description

    Under the PRA, CPSC is publishing the following information: \1\
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    \1\ On November 21, 2023, the Commission voted (4-0) to publish 
this notice.
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    [ssquf] A title for the collection of information;
    [ssquf] A summary of the collection of information;
    [ssquf] A brief description of the need for the information and the 
proposed use of the information;
    [ssquf] A description of the likely respondents and proposed 
frequency of response to the collection of information;
    [ssquf] An estimate of the burden that will result from the 
collection of information; and
    [ssquf] Notice that comments may be submitted to the agency and 
OMB.
    44 U.S.C. 3507(a)(1)(D). Specifically, the Commission provides the 
following information:
    Title: Investigation of Smart Toys and Additional Toys Through 
Child Observations.
    OMB Control Number: New.
    Type of Request: New information collection requirement.
    Type of Review Requested: Regular.
    Requested Expiration Date of Approval: 1 year from date of 
approval.
    Summary of the Collection of Information: CPSC proposes to conduct 
individual in-person data collection sessions with up to 60 children 
aged 2 to 4 years old and their caregivers, for a total of 120 
participants. Caregivers will answer a series of screening questions to 
determine if the caregiver and child meet the criteria for enrollment 
in the study. CPSC will enroll in the data collection study children 
and caregivers who meet the screening criteria and are willing to 
participate.
    Over 2 in-person sessions, researchers will collect data primarily 
through direct human observations of children's interactions with toys 
and caregivers' responses to questionnaires. In each session, 
researchers will introduce children to 4 or 5 toys chosen from 6 toy 
categories (smart toys, take-apart vehicles, musical instruments, 
figurines, plush toys with electronic components, and manipulatives). 
The researcher will demonstrate for the child how to use each toy and 
then document the child's play patterns with the toy, noting the 
child's ability to interact with each toy consistent with the 
manufacturer's instructions. Researchers will use coding checklists to 
document real-time observations of the child's interactions with the 
toys, in the form of concrete behaviors across different modalities, 
such as gross motor (e.g., turns figurines head), fine motor (e.g., 
slides switch on/off), and behavioral (e.g., feeds an animal, engages 
in pretend play with one or multiple figurines), which demonstrate the 
child's ability to use the toy as intended.
    Caregivers will respond to researcher questions about the 
caregiver's perception of their child's ability to interact with the 
selected toys as intended, potential purchasing decisions for the 
specific toys, and whether the caregiver would demonstrate how to play 
with the toys or some of the components as the manufacturer intends. 
Researchers will record on paper forms their observations of children's 
interactions and caregiver's responses to questions about the toys.
    Researchers will randomize the presentation order of the toys for 
each caregiver/child pair to preclude any effects of sequence and 
control for learning or fatigue that might take place. Also, 
researchers will use video cameras to record each child's interaction 
with a toy. Researchers will use the video as a backup reference for 
real time coding.
    Researchers will separate out all personally identifiable 
information from data collected. Also, researchers will separate out 
from collected information all identifying information from the initial 
screening, as well as scheduling. This information will be kept on a 
secure server in password protected files and discarded by researchers 
when no longer needed. At the end of each session, researchers will 
save the video data onto a secure server. Researchers will enter data 
recorded on the paper forms into a secure database, which also will be 
kept on a secure server. Researchers will limit access to this 
information and will summarize all information collected during the 
sessions using generic categories and summary statistics.
    Description of the Need for the Information and Proposed Use of the 
Information: Created in 1972, the CPSC is an independent federal 
regulatory agency with a public health and safety mission to protect 
the public from unreasonable risks of injury and death from consumer 
products used in and around the home, in recreation, and in schools. As 
part of this statutory mandate, CPSC is authorized to conduct research 
on consumer products and behavior to identify and address product 
safety hazards, as well as to develop efficient and effective means of 
bringing about safety improvements. This information collection 
supports the Commission's strategic goal of safety.
    Age-appropriate toys are important for the physical, intellectual, 
and socioemotional development of children. Age-appropriate toys can 
help children learn, develop imaginative capacities, and refine motor 
coordination. However, interacting with toys intended for older 
children poses a potential risk for a child to be seriously or fatally 
injured. In 2021, an estimated 206,400 toy-related injuries were 
treated in U.S. hospital emergency rooms.\2\ Of the 206,400 toy-related 
injuries, an estimated 74% happened to children 14 years of age or 
younger; 69% occurred to children 12 years of age or younger; and 37% 
happened to children 4 years of age or younger.
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    \2\ Consumer Product Safety Commission: Toy-Related Deaths and 
Injuries, Calendar Year 2021. November, 2022: Toy-Related Deaths and 
Injuries, Calendar Year 2021; available at: https://www.cpsc.gov/Research--Statistics/Toys-and-Childrens-Products.
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    To identify a toy's safety hazards, the CPSC Division of Human 
Factors first determines the intended age group of potential users. 
CPSC considers age determinations for toys to be of

[[Page 83535]]

paramount importance because age-grading and labeling can be used to 
assist consumers in making purchasing decisions, and also serve as the 
basis for the toy's regulatory requirements and the associated testing 
parameters. For example, toys intended for children under 8 years of 
age are required to undergo use and abuse tests based on actual use and 
misuse by children of that age. Test specifications vary for different 
age groups (i.e., children 18 months and younger, 19-36 months, and 37-
95 months). Toys intended for children younger than 3 years old cannot 
contain small parts. Additionally, since 2008, CPSC regulations 
establish lead and phthalates limitations for many products intended 
for children 12 years of age.
    CPSC staff consider numerous toy characteristics when determining 
the intended age, including the physical characteristics of the toy 
(e.g., size and weight of the toy and its components), the cognitive 
requirements for using the toy as intended, the fine motor or other 
physical skills required to use the toy as the manufacturer intended, 
and the toy's theme and appearance. The CPSC's Age Determination 
Guidelines: Relating Consumer Product Characteristics to the Skills, 
Play Behaviors, and Interests of Children (Guidelines), available at 
https://www.cpsc.gov/content/2020-Age-Determination-Guidelines, provide 
details and examples for each of these characteristics for different 
age groups. Manufacturers can use the Guidelines to generate an 
intended age during a toy's design phase. Manufacturers can also use 
the Guidelines to accurately age label a product, which promotes safety 
by informing consumer purchasing and toy-safety decisions (meaning 
which toys are appropriate to allow a child to play with).
    Although the Guidelines include extensive information about a large 
variety of toys, some toy categories are not well covered in the 
Guidelines because they include toys that are new to the U.S. market 
since the research that went into the 2020 version of the Guidelines. 
While smart toys are discussed in the Guidelines, this category of toys 
evolves rapidly, so the Guidelines may not represent what is currently 
in the market. Other toys such as figurines, interlocking building 
sets, and musical toys are discussed in the Guidelines, though not 
extensively. This data collection will add to the information about 
selected toys in six toy categories (smart toys, take-apart vehicles, 
musical instruments, figurines, plush toys with electronic components, 
and manipulatives), and enrich CPSC's understanding regarding the ages 
of children who are interested in these toys and who possess the skills 
and cognitive ability to use them as intended. This data collection 
will provide information to help CPSC determine the developmentally 
appropriate ages for selected toys. Ultimately, the data collection 
will inform the various stakeholders who use the information contained 
in the Guidelines.
    Affected Public: Children between 2 and 4 years of age and their 
caregivers.
    Estimated Number of Respondents: 60 children and 60 caregivers, 
totaling 120 individuals.
    Frequency: One-time data collection that will take place over 2 in-
person sessions. The first session will last up to 80 minutes, and the 
second session will last up to 80 minutes.
    Estimated Total Annual Burden Hours: CPSC plans to pilot test the 
study with 4 participants (2 caregivers and 2 children) with a maximum 
time burden of 2.67 hours per person (10.68 hours). CPSC also assumes a 
15-minute completion time for the recruitment screener questionnaire to 
be filled out by a maximum of 100 people, to select 60 adult 
participants (25 hours).
    CPSC estimates that the total time for each selected respondent 
pair (caregiver/child) to participate in the data collection will 
likely not be more than 160 minutes. Therefore, each participant has a 
maximum time burden of 2.67 hours. Data collection duration for each 
respondent will be 2.67 hours, or a total of 160 hours for 60 
respondent pairs. Respondent pairs will not incur any reporting costs 
from the information collection. The pairs also will not incur a record 
keeping burden or record keeping costs from this information 
collection. We will assume an hourly wage rate of $31.54 for each 
respondent pair (caregiver and child).\3\
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    \3\ Average hourly wage across all occupations from https://www.bls.gov/oes/current/oes_va.htm#00-0000. CPSC uses occupational 
wage estimates for Virginia because the study will be conducted in 
the area.
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    Accordingly, the total burden hours to recruit participants and for 
selected respondents to participate is 356 hours (recruitment screening 
time (25 hours), pilot study (10.68 hours), and the main study (2.67 
hours x 120 participants)).
    The total cost of this collection to the federal government is 
$93,345 annually. This represents 6 months of staff time. This amount 
includes federal employee salaries and benefits. No travel costs are 
associated with the collection. This estimate uses an annual salary of 
$126,949 (the equivalent of a GS-13, Step 5 employee, in the Washington 
DC area in 2023) \4\ which represents 68.0 percent of the employer 
costs for employee compensation. The remaining 32.0 percent of employer 
costs are added for benefits (U.S. Bureau of Labor Statistics, 
``Employer Costs for Employee Compensation,'' March 2023, percentage of 
wages and salaries for all civilian management, professional, and 
related employees),\5\ for a total annual compensation per FTE of 
$186,690.
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    \4\ https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2023/DCB.pdf.
    \5\ https://www.bls.gov/news.release/archives/ecec_06162023.pdf.
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    Estimated Total Annual Burden Cost: $104,573.24 (Respondents: 
$11,228.24 (31.54/hr. x 356 hours) + Federal Government: $93,345).

II. Comment Response

    Comment Summary: The National Center for Health Research submitted 
a comment on the proposal, supporting CPSC's research but concerned 
that the study design will not provide the needed information. The 
commenter suggests that CPSC may need at least twice as many as the 60 
children and 60 caregivers in the study to determine products 
appropriate for children ages 2 to 4. The commenter believes that the 
study should include more children to represent the diversity of U.S. 
children in the 3-year age group for cognitive and social development, 
socio-economic status, and social and cultural differences, because 
these differences could influence the ability to use toys safely and 
effectively. The commenter states that even 120 children may not be an 
adequate sample size because each child would only be evaluated 
regarding 4 of the 6 different toy categories, opining that more 
children are necessary to study appropriate labeling for children under 
3 years old, and that increasing the number and diversity of children 
and caregivers that engage with each toy category is essential to 
provide information that will be reliable and generalizable for 
families across the country.
    CPSC's Response: The proposed data collection is not intended to 
provide nationally representative data; this research is exploratory. 
Further, as this is largely a descriptive study, CPSC does not plan on 
conducting inferential statistics and doing hypothesis testing. 
Researchers will gather information by documenting children's play 
patterns with selected toys from each of six toy categories that are 
not addressed in CPSC's Guidelines (i.e., smart toys, take-apart 
vehicles, musical instruments, figurines, plush toys with electronic 
components, and manipulatives). Given

[[Page 83536]]

that children's play behaviors with these toy categories have not been 
thoroughly examined, this research is an initial exploration of the 
types of play behaviors children of different age groups exhibit when 
interacting with the selected toys. Researchers will gather information 
by observing children's play patterns in a laboratory setting and 
noting how they interact with selected toys. The controlled laboratory 
setting will allow researchers to explore developmental differences in 
play patterns among the age groups.
    Additionally, the duration of each session provides the researchers 
an opportunity to observe naturalistic play behaviors without rushing 
the child through interacting with the toy. Researchers will code and 
summarize observation data while the child is interacting with the toy. 
Researchers will tabulate descriptive statistics to identify the 
universe of behaviors for each age group and toy, and, when possible, 
compare children's play with toys that are intended for their age, 
versus toys that are intended for children either older or younger. 
Collecting this data will add to the available information about toys 
in six toy categories and inform potential next steps in the age-
grading process.
    Because pilot testing per pair could be up to a maximum of 80 
minutes for each session, CPSC is calculating the overall possible 
information collection participant burden based upon a 160-minute 
maximum burden. Researchers determined the duration of sessions to 
balance adequate time for observation, needed breaks for the child, and 
not overburdening the child.
    The commenter expressed concern that ``Each child would only be 
evaluated regarding 4 of the 6 different toy categories.'' In fact, the 
researchers will introduce children to selected toys from 6 toy 
categories (smart toys, take-apart vehicles, musical instruments, 
figurines, plush toys with electronic components, and manipulatives) in 
each of the sessions. During the first session they will be introduced 
to 4 toys and during the second session they will be introduced to 5 
toys, for a total of 9 toys. The order in which the toys are presented 
will be randomized to preclude the effects of fatigue and learning from 
one toy to the next.

Elina Lingappa,
Paralegal Specialist, Consumer Product Safety Commission.
[FR Doc. 2023-26364 Filed 11-29-23; 8:45 am]
BILLING CODE 6355-01-P


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