2530 Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules 

27See 15 U.S.C. 57a(i)(2)(A); 16 CFR 1.18(c). 

1On November 29, 2023, the Commission voted 

(4–0) to publish this notice of proposed rulemaking, 

with an amendment proposed by Commissioner 

Trumka. Commissioners Trumka and Boyle issued 

statements in connection with their votes, available 

at: https://www.cpsc.gov/s3fs-public/2023-11-29- 

Commission-Meeting-Minutes-Infant-SupportCushions-NPR-Decisional.pdf?

VersionId=9Y0qjnS2A74SHa932Sz

V9txWDIaMddXU. 

Commissioner advisor shall be subject 

to the following treatment. Written 

communications and summaries or 

transcripts of oral communications shall 

be placed on the rulemaking record if 

the communication is received before 

the end of the comment period. They 

shall be placed on the public record if 

the communication is received later. 

Unless the outside party making an oral 

communication is a member of 

Congress, such communications are 

permitted only if advance notice is 

published in the Weekly Calendar and 

Notice of ‘‘Sunshine’’ Meetings.27

By direction of the Commission. 

Joel Christie, 

Acting Secretary. 

[FR Doc. 2024–00678 Filed 1–12–24; 8:45 am] 

BILLING CODE 6750–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Parts 1112, 1130, and 1243 

[CPSC Docket No. 2023–0047] 

Safety Standard for Infant Support 

Cushions 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of proposed rulemaking. 

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. Under this statutory 

direction, the Commission is proposing 

a safety standard for infant support 

cushions. The Commission is also 

proposing to amend CPSC’s consumer 

registration requirements to identify 

infant support cushions as durable 

infant or toddler products and 

proposing to amend CPSC’s list of 

notices of requirements (NORs) to 

include infant support cushions. 

DATES: Submit comments by March 18, 

2024. 

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, 

Office of Management and Budget, Attn: 

CPSC Desk Officer, FAX: 202–395–6974, 

or emailed to oira_submission@

omb.eop.gov. 

Other comments, identified by Docket 

No. CPSC–2023–0047, may be 

submitted electronically or in writing, 

as follows: 

Electronic Submissions: Submit 

electronic comments to the Federal 

eRulemaking Portal at: https://

www.regulations.gov. Follow the 

instructions for submitting comments. 

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. CPSC 

typically does not accept comments 

submitted by email, except as described 

below. 

Mail/Hand Delivery/Courier/ 

Confidential Written Submissions: CPSC 

encourages you to submit electronic 

comments by using the Federal 

eRulemaking Portal. You may, however, 

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. 

Instructions: All submissions received 

must include the agency name and 

docket number for this proposed 

rulemaking. CPSC may post all 

comments without change, including 

any personal identifiers, contact 

information, or other personal 

information provided, to: 

www.regulations.gov. 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: cpscos@cpsc.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to: https://

www.regulations.gov, insert the docket 

number, CPSC–2023–0047, into the 

‘‘Search’’ box, and follow the prompts. 

FOR FURTHER INFORMATION CONTACT: 

Stefanie Marques, Ph.D., Project 

Manager, Directorate for Health 

Sciences, U.S. Consumer Product Safety 

Commission, 5 Research Place, 

Rockville, MD 20850; email: smarques@

cpsc.gov; telephone: (301) 987–2581. 

SUPPLEMENTARY INFORMATION: 

I. Background and Statutory Authority 

Section 104(b) of the CPSIA 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 representatives of 

consumer groups, juvenile product 

manufacturers, and independent child 

product engineers and experts and (2) 

promulgate consumer product safety 

standards for durable infant and toddler 

products. 15 U.S.C. 2056a(b)(1). The 

Commission must continue to 

promulgate standards for all categories 

of durable infant or toddler products 

‘‘until the Commission has promulgated 

standards for all such product 

categories.’’ 15 U.S.C. 2056a(b)(2). 

The Commission is issuing this notice 

of proposed rulemaking (NPR) to 

establish a consumer product safety rule 

for infant support cushions to further 

implement section 104 of the CPSIA.1

The proposed rule defines an ‘‘infant 

support cushion’’ as ‘‘an infant product 

that is filled with or comprised of 

resilient material such as foam, fibrous 

batting, or granular material or with a 

gel, liquid, or gas, and which is 

marketed, designed, or intended to 

support an infant’s weight or any 

portion of an infant while reclining or 

in a supine, prone, or recumbent 

position.’’ This includes infant pillows, 

infant loungers, nursing pillows with a 

lounging function, infant props or 

cushions used to support an infant for 

activities such as ‘‘tummy time,’’ and 

other similar products. 

CPSC staff identified at least 79 

reported fatalities involving infant 

support cushions from January 1, 2010, 

through December 31, 2022, as well as 

125 nonfatal incidents or reports 

involving these products within the 

same time period. There were 17 deaths 

in 2020, and at least 17 more in the 

potentially incomplete data from 2021. 

More than 80 percent of the fatalities 

associated with these products involved 

infants three months old and younger. 

In more than 60 percent of the fatalities, 

the official cause of death was either 

asphyxia or probable asphyxia, and 

these incidents typically involved use of 

an infant support cushion placed in or 

on a sleep-related consumer product 

such as an adult bed, futon, crib, 

bassinet, play yard, or a on a couch. For 

the nonfatal incidents, the most 

common circumstances involved an 

infant falling from an infant support 

cushion placed on a raised surface such 

as a bed or a sofa or the threat of 

asphyxia or entrapment. 

This proposed rule addresses the risk 

of death and injury associated with 


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Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules 2531 

2CPSC formally began the consultation process 

for this rulemaking in December 2021, via a letter 

from CPSC staff requesting that ASTM form a 

working group to develop a voluntary standard to 

reduce the risk of death and injury from hazards 

associated with infant pillow products, including 

nursing pillows. In response, ASTM formed two 

subcommittees intended to develop two separate 

voluntary standards: the F15.16 Infant Feeding 

Supports subcommittee, intended to develop a 

standard for nursing pillows; and the F15.21 Infant 

Loungers subcommittee. CPSC staff has been 

actively participating in both ASTM subcommittees 

to develop voluntary standards that address hazards 

associated with these products. 

3Staff Briefing Package: Staff’s Draft Proposed 

Rule for Infant Support Cushions (November 8, 

2023) (Staff’s NPR Briefing Package), available at: 

https://www.cpsc.gov/s3fs-public/Briefing-PackageNotice-of-Proposed-Rulemaking-Safety-Standardfor-Infant-Support-Cushions.pdf?VersionId=

rA60lesWHddS1.wrk_EvV00xeX75dsFc. 

infant support cushions primarily due 

to suffocation, entrapment, and fall 

hazards. The proposed rule would 

address positional asphyxiation hazards 

by requiring that all surfaces be 

sufficiently firm that they are unlikely 

to conform to an infant’s face and 

occlude the airways, and by setting a 

maximum incline angle that would 

prevent hazardous positioning of an 

infant’s head and neck along the 

surfaces of the product. The proposed 

rule would set a side angle requirement 

that addresses the risk of entrapment 

between the sidewall and the occupant 

support surface. It addresses fall hazards 

by effectively limiting sidewall height to 

discourage caregivers from mistakenly 

believing these products to be safe for 

unattended infants. The proposed rule 

also requires a strongly worded, 

conspicuous, and permanent on-product 

warning. 

Consistent with section 104(b)(1)(A) 

of the CPSIA, CPSC consulted with 

manufacturers, retailers, trade 

organizations, laboratories, consumer 

advocacy groups, consultants, and the 

public to develop this rule, including 

through participation in the juvenile 

products subcommittee meetings of 

ASTM.2 Currently, however, no 

voluntary or mandatory safety standard 

for infant support cushions exists to 

address the hazards posed by these 

products. 

Infant support cushions are a durable 

infant or toddler product under section 

104(f) of the CPSIA. Section 104(f)(1) 

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.’’ 15 

U.S.C. 2056a(f)(1). Section 104(f)(2) of 

the CPSIA provides a non-exhaustive 

list of product categories within the 

definition of ‘‘durable infant or toddler 

products.’’ Although infant support 

cushions are not specifically listed in 

section 104(f)(2), they are ‘‘durable 

infant or toddler products’’ because (as 

explained in Part II, below) they are: not 

disposable; have a useful life of up to 

several years and often are used by 

multiple children successively; are 

similar to other durable infant and 

children’s products such as crib 

mattresses and sling carriers; and are 

primarily intended to be used by 

children five years old or younger. 

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 rule for product registration 

cards, 16 CFR part 1130. The 

Commission proposes to amend part 

1130 to include infant support cushions 

in the list of durable infant or toddler 

products that must comply with these 

product registration requirements. See 

16 CFR 1130.2(a). 

Manufacturers of children’s products 

also must comply with product 

registration requirements, as well as 

testing and certification requirements 

for children’s products that are codified 

in 16 CFR parts 1107 and 1109. Section 

14(a)(3) of the Consumer Product Safety 

Act (CPSA) requires the Commission to 

publish an NOR for the accreditation of 

third party conformity assessment 

bodies (test laboratories) to assess 

conformity with a children’s product 

safety rule to which a children’s product 

is subject. The proposed rule would be 

a children’s product safety rule that 

requires issuance of an NOR. 

II. The Product Category 

A. Infant Support Cushions 

Infant support cushions include 

products that support an infant for 

lounging, meaning reclining or lying in 

a supine, prone, or recumbent position. 

Infant products within this category 

may or may not contain infants with 

perimeter walls. Most infant support 

cushions on the market today are filled 

with cushy foam or soft fibrous batting, 

covered by flexible fabric. Some infant 

support cushions are marketed for use 

in a crib or other infant sleep product, 

notwithstanding warnings from the 

Commission and others, including the 

American Academy of Pediatrics (AAP), 

that soft objects, such as pillows and 

excess bedding, should not be placed in 

an infant’s sleep environment. 

Illustrative pictures of infant support 

cushions can be found in Tab C of staff’s 

briefing package for this proposed rule.3

A non-exhaustive list of examples of 

infant support cushions includes: 

• head positioner pillows; 

• flat baby loungers; 

• crib pillows; 

• wedge pillows for infants; 

• infant sleep positioners, unless 

regulated by the Food and Drug 

Administration (FDA) as medical 

devices; 

• stuffed toys marketed for use as an 

infant support cushion; 

• infant ‘‘tummy time’’ or ‘‘lounging’’ 

pillows, whether flat or inclined; 

• multi-purpose pillows marketed for 

both nursing and lounging; 

• anti-rollover pillows with or 

without straps that fasten the pillow to 

the infant; 

• infant ‘‘self-feeding’’ pillows that 

hold a bottle in front of the face of a 

reclining or lying infant; 

• pads and mats; and 

• accessory pillows and other padded 

accessories, often marketed for use with 

an infant car seat, stroller, or bouncer, 

but not sold with that product and 

therefore not included in the mandatory 

safety standard for those products. 

These in-scope products would be 

required to meet the performance 

standards of this rule. To avoid 

potentially duplicative or conflicting 

obligations, however, the scope of 

products that would be subject to this 

proposed rule does not include durable 

infant products that are already 

regulated by the Commission and 

included in the list of products at 16 

CFR 1130.2(a). 

Illustratively, the following products 

are not infant support cushions within 

the scope of this proposed rule: 

• Pillows not marketed or intended 

for use by infants, such as adult bed and 

throw pillows; 

• nursing pillows if subject to 

Commission’s proposed nursing pillow 

rule 88 FR 65865 (Sept. 26, 2023) if that 

rule is finalized, unless they are also 

marketed for lounging; 

• crib and play yard mattresses that 

are in scope of the play yard and crib 

mattress standard in 16 CFR part 1241; 

• purely decorative nursery pillows, 

such as those personalized with a baby’s 

name and birthdate, that are not for 

infant use; 

• stuffed toys (unless they meet the 

definition of an infant support cushion 

in this proposed rule); 

• padded seat liners that are sold 

with a rocker, stroller, car seat, infant 

carrier, swing, highchair, or bouncer 

that are specifically designed to fit that 

product; and 

• sleeping accommodations, which 

are regulated under the Commission’s 

infant sleep product rule at 16 CFR part 

1236. 

B. Market Description 

Most types of new infant support 

cushions are sold online, including from 


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2532 Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules 

4An exemption to the infant pillow ban applies 

to Boston Billow nursing pillows and substantially 

similar nursing pillows that are designed to be used 

only as nursing aids for breastfeeding mothers. 16 

CFR 1500.86(a)(9). The exemption applies 

specifically to the FHSA ban and is not applicable 

to this proposed rule or to the proposed standard 

for nursing pillows. 

5CPSRMS 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. CPSRMS documents include 

hotline reports, online reports, news reports, 

medical examiner’s reports, death certificates, 

retailer/manufacturer reports, and documents sent 

by state and local authorities, among others. 

6NEISS 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. See 

https://www.cpsc.gov/Research-Statistics/NEISSInjury-Data. 

general online retailers, online sites for 

‘‘big box’’ stores, online baby products 

sites, and online marketplaces for handcrafted items. A few types of infant 

support cushions, however, are also 

available from brick-and-mortar baby 

specialty stores and general retail stores, 

particularly crib pillows and baby 

loungers. Prices for new infant support 

cushions average roughly $30 and range 

from less than $15 for a simple head 

positioner pillow or crib pillow to more 

than $250 for a lounger with a 

removable cover or a large stuffed toy 

marketed for sleep. Several thousand 

manufacturers and importers, including 

hundreds of handcrafters and direct 

foreign shippers, supply infant support 

cushions to the U.S. market. See Staff’s 

NPR Briefing Package, Tab E. 

Infant support cushions may be reused for multiple children or sold for 

use after an infant outgrows the product. 

Commission staff observed that used 

infant support cushions are widely 

available on secondary marketplaces 

such as eBay and Mercari. In June 2023, 

for example, staff found listings on 

Mercari for used changing pads, large 

stuffed toys marketed for infant sleep, 

crib wedge pillows, baby neck pillows, 

baby sleep positioners, baby loungers, 

baby sleep mats, baby ‘‘pillow chairs,’’ 

infant ‘‘self-feeding’’ pillows, baby/ 

toddler bean bag chairs, and crib 

pillows. 

C. Infant Cushion/Pillow Ban 

In 1992, pursuant to the 

Commission’s authority under the 

Federal Hazardous Substances Act 

(FHSA), 15 U.S.C. 1261–1278, the 

Commission issued a ban on certain 

infant cushions and pillows filled with 

foam, plastic beads, or other granular 

material. 57 FR 27912 (June 23, 1992). 

That ban prohibits ‘‘infant cushions,’’ 

‘‘infant pillows,’’ and similar articles 

that are: 

• made with a flexible fabric 

covering; 

• loosely filled with granular 

material, including but not limited to, 

polystyrene beads or pellets; 

• easily flattened; 

• capable of conforming to the body 

or face of an infant; and 

• intended or promoted for use by 

children under one year of age. 

16 CFR 1500.18(a)(16). This proposed 

rule for infant support cushions does 

not change the FHSA ban. That ban was 

limited to products with the specific 

hazard presented by loosely filled 

granular material such as polystyrene 

beads or pellets, and those products will 

continue to be banned under the FHSA. 

Infant support cushions that are not 

subject to the ban are within the scope 

of this proposed rule and would be 

required to comply with the 

performance requirements of this 

proposed rule.4

III. Incident Data and Hazard Patterns 

CPSC staff searched the Consumer 

Product Safety Risk Management 

System (CPSRMS) 5 and National 

Electronic Injury Surveillance System 

(NEISS) 6 databases for fatalities, 

incidents, and concerns associated with 

infant support cushions and involving 

infants up to 12 months old, reported to 

have occurred between January 1, 2010, 

and December 31, 2022. Tab A of Staff’s 

NPR Briefing Package describes the 

incident and hazard patterns associated 

with infant support cushions. 

Commission staff identified 79 fatal 

incidents and 125 nonfatal incidents 

and consumer concerns reported to 

CPSC from 2010–2022. Of the 125 nonfatal reports. 22 consisted of emergencydepartment-treated injuries, three 

involved hospital admissions, 46 reports 

involved no injury, and for 52 reports 

the disposition was either unknown or 

unspecified. Table 1 provides the 

distribution of fatal incidents by year. 


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Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules 2533 

Table 2 summarizes the number of 

reported fatalities related to infant 

support cushions for victims 12 months 

and younger by age in months and by 

gender. As reflected in Table 2, 80 

percent of the fatalities with a known 

age were infants in the zero to three 

month age range. Among the 76 

fatalities for which the sex is known, 

half were male and half were female. 

TABLE 2—INFANT SUPPORT CUSHION-RELATED FATALITIES FOR VICTIMS AGES 12 MONTHS AND YOUNGER AND SEX: 

2010–2022 

Age 

(In months) 

Total 

(% of total) 

Male 

(% of total) 

Female 

(% of total) 

Unknown 

(% of total) 

Total ................................................................................................................. 79 (100%) 38 (48%) 38 (48%) 3 (4%) 

1 ....................................................................................................................... 26 (33%) 12 (15%) 14 (18%) 0 

2 ....................................................................................................................... 19 (24%) 10 (13%) 9 (11%) 0 

3 ....................................................................................................................... 18 (23%) 8 (10%) 10 (13%) 0 

4 ....................................................................................................................... 7 (9%) 4 (5%) 3 (4%) 0 

5 ....................................................................................................................... 3 (4%) 1 (1%) 0 2 (3%) 

6 ....................................................................................................................... 1 (1%) 0 1 (1%) 0 

7 ....................................................................................................................... 2 (3%) 1 (1%) 1 (1%) 0 

8 ....................................................................................................................... 0 0 0 0

9 ....................................................................................................................... 0 0 0 0

10 ..................................................................................................................... 1 (1%) 1 (1%) 0 0 

11 ..................................................................................................................... 1 (1%) 1 (1%) 0 0 

12 ..................................................................................................................... 0 0 0 0 

Unknown .......................................................................................................... 1 (1%) 0 0 1 (1%) 

Source: CPSRMS and NEISS databases. Percentages may not add to 100 due to rounding; the years 2021–2022 are considered incomplete. 

The official cause of death reported by 

the medical examiner in the majority of 

the 79 reported fatalities 49 (62 percent) 

was asphyxia or probable asphyxia; 13 

(17 percent) were determined to be due 

to sudden unexpected infant death 

(SUID) events; 12 (15 percent) had an 

undetermined cause of death; and for 

five (six percent), no medical examiner’s 

report was available. Nearly all reported 

fatalities (75 of 79) involved placement 

of the infant support cushion on another 

sleep-related consumer product. For the 

remaining four fatalities, the placement 

of the infant support cushion was either 

undetermined or unknown. 

In the 125 nonfatal incidents 

associated with infant support cushions 

that involved children ages 12 months 

and younger and occurred between 

January 1, 2010, and December 31, 2022, 

three infants were admitted to the 

hospital and 22 infants were reported to 

have been treated and released from an 

emergency department. In 52 of these 

nonfatal incidents, the severity of the 

injury was unspecified or unknown, and 

in 46 of the incidents no injury was 

reported. Table 3 summarizes the 

disposition of the nonfatal incident 

reports associated with infant support 

cushions and victims ages 12 months 

and younger. 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP16JA24.012</GPH>

Table 1: Infant Support Cushion-Related Fatalities Reported by Year for Children 12 Months of 

18 

16 

14 

(I) 12 

(I) 

:i:: 10 

iii 

1u 8 

LL 

6 

4 

2 

0 

Age or Younger: 2010-2022 

2010 2011 2012 2013 2014 2015 

-

2016 2017 2018 2019 2020 2021· 2022* 

Year 

1111 Infant Support Cushion-Related Fatalities 

Source: CPSRMS and NEISS databases. 

Asterisks(*) indicate that reporting is ongoing for CPSRMS; the years 2021-2022 are considered incomplete. 
2534 Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules 

7Mannen, E.M., Davis, W., Goldrod, S., Lujan, T., 

Siddicky, S.F., Whitaker, B., & Carroll, J. (2022). 

Pillows Product Characterization and Testing. 

Prepared for the U.S. Consumer Product Safety 

Commission under contract no. 61320620D0002, 

task order no. 61320621F1015. Available at: https:// 

www.cpsc.gov/content/Pillows-ProductCharacterization-and-Testing. 

TABLE 3—INFANT SUPPORT CUSHIONRELATED NONFATAL REPORTS BY

SEVERITY FOR VICTIMS AGES 12 

MONTHS AND YOUNGER: 2010–2022 

Severity Total reports 

(% of total) 

Total Non-Fatal Reports ....... 125 (100%) 

Hospital Admissions ............. 3 (2%) 

Emergency Department 

Treated .............................. 22 (18%) 

Left without being seen ........ 1 (1%) 

Seen by a Medical Professional ................................. 1 (1%) 

Unspecified/Unknown ........... 52 (42%) 

No Injury Reported ............... 46 (37%) 

Source: CPSRMS and NEISS databases. 

Percentages may not add to 100 due to 

rounding; the years 2021–2022 are considered incomplete. 

For the 46 reports for which no injury 

was reported, many of the descriptions 

in the incident reports indicated the 

potential for serious injury or death. 

Staff’s analysis of the narratives 

associated with these incident reports 

indicated that in 29 reports (23 percent) 

of the incidents, an infant support 

cushion occupied by an infant had been 

place on an elevated surface (such as an 

adult bed or couch) and the infant had 

fallen off; 27 (22 percent) specified 

threatened asphyxia; and 17 incidents 

(14 percent) involved various types of 

rashes caused by the product. Table 4 

summarizes the hazard patterns for 

infant support cushion-related nonfatal 

incidents. 

TABLE 4—INFANT SUPPORT CUSHIONRELATED NON-FATAL REPORTS BY

HAZARD PATTERN FOR VICTIMS

AGES 12 MONTHS AND YOUNGER: 

2010–2022 

Event 

Number of 

non-fatal 

reports 

(% of total) 

Children 

(0 to 12 months) 

Fall .................................... 29 (23%) 

Threatened Asphyxia ........ 27 (22%) 

Rash ................................. 17 (14%) 

Limb Entrapment .............. 1 (1%) 

Mold .................................. 1 (1%) 

Choking ............................. 1 (1%) 

Near Strangulation ............ 1 (1%) 

Vomiting ............................ 1 (1%) 

Consumer Complaints ...... 47 (38%) 

Total Non-Fatal Reports ... 125 (100%) 

Source: CPSRMS and NEISS databases. 

Percentages may not add to 100 due to 

rounding; the years 2021–2022 are considered incomplete. 

Staff, based on review of nonfatal 

incident and report data, identified falls 

and threatened asphyxia as the two 

major nonfatal hazard patterns 

associated with infant support cushions. 

In the case of falls, the reports revealed 

that in most incidents infant support 

cushions had been placed on elevated 

surfaces including adult beds and 

couches. The injuries associated with 

falls include concussions, facial 

injuries, and scalp injuries. 

In the case of threatened asphyxia, the 

narratives described scenarios of infants 

being rescued after being found hanging 

partially or completely off of the infant 

support cushion with their mouths and 

noses obstructed, with their heads 

wedged between sleep positioner side 

cushions, or having rolled to a facedown position that put them at risk of 

an obstructed airway. 

IV. International Standards for Infant 

Support Cushions 

The Commission is aware of two 

international standards, both British, 

that contain performance requirements 

that address suffocation and 

asphyxiation hazards associated with 

infant pillows. BS 1877–8:1974, 

Specification for Domestic bedding— 

Part 8: Pillows and bolsters for domestic 

use (excluding cellular rubber pillows 

and bolsters) (BS 1877–8:1974) and BS 

4578:1970, Specification for Methods of 

test for hardness of, and for air flow 

through, infants’ pillows (BS 

4578:1970). The scope of BS 1877– 

8:1974 includes both adult and cot 

pillows (infant pillows), and 

recommends that cot pillows be filled 

firmly enough to prevent infants’ heads 

from sinking into the products and that 

the pillow covering not be loose enough 

to be drawn into an infant’s mouth. BS 

1877–8:1974 has requirements for cot 

pillow size, filling, and covering. Cot 

pillows must be 58 x 38 cm (23 x 15 

inches) and their covering must be of 

open construction to allow air 

permeability. Both the filling and 

covering must meet performance 

requirements described in BS 4578:1970 

for ‘‘hardness’’ (i.e., firmness) and air 

permeability. 

The hardness test in BS 4578:1970 

requires that a 100 mm diameter probe 

be placed in the center of the product 

with 10 newtons (N) of force for one 

minute. BS 1877–8:1974 requires that 

displacement of the pillow when the 

force is applied shall not exceed 25 

percent of the thickness. Staff assesses 

that the proportional approach used in 

this standard allows thicker pillows to 

have a greater displacement than 

thinner pillows, which does not 

sufficiently protect against the 

suffocation and asphyxia hazards 

associated with infant support cushions 

because that greater displacement could 

allow the product to obstruct the 

infant’s airways. 

V. Boise State University Contractor 

Report 

CPSC awarded a contract to Boise 

State University (BSU) for infant 

biomechanics and suffocation research 

and consultancy services. This research 

included an analysis of the risk of injury 

or death to infants associated with the 

use of nursing pillows and infant 

support cushions during activities such 

as feeding, nursing, sleeping, propping, 

and lounging. See Staff’s NPR Briefing 

Package, Tab C. 

BSU delivered its final report on June 

30, 2022 (the BSU Final Report).7 The 

BSU Final Report provides 

recommendations and conclusions 

related to the performance and design of 

infant support cushions, including the 

following. 

Firmness Testing. The BSU Final 

Report recommends that all infant 

support cushions be required to undergo 

firmness testing because products that 

lack firmness are more likely to conform 

around an infant’s nose and mouth and 

present a suffocation hazard. The report 

recommended testing all infant pillows 

for firmness using a three-inch diameter, 

anthropometry-based hemispheric probe 

that is geometrically similar to, and 

sized to represent the breadth of, an 

infant’s face. The report recommends 

that the probe should be applied to the 

product at three locations: the location 

of maximum thickness, the location of 

minimum thickness, and a subjective 

location of interest (i.e., another soft 

location most likely to result in failure). 

The force required to displace the probe 

one inch into the product at each 

location must exceed 10 N. Meeting this 

requirement would mean that the 

product has firmness comparable to crib 

mattresses. 

Airflow Testing. The BSU Final 

Report recommends that products that 

do not pass firmness testing be required 

to pass an airflow test. Passing the 

airflow test would mean that the 

product has airflow characteristics 

comparable to current mesh crib liners, 

which the BSU researchers concluded 

would mitigate the suffocation hazard. 

However, the report recommends 

against requiring that airflow testing for 

products that pass the BSU Final 


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8The sagittal plane is an anatomical plane that 

runs vertically through the human body, dividing 

it into left and right sections. It can be thought of 

as viewing the human body in profile. 

9See Staff’s NPR Briefing Package, Tab B. This 

ASTM standard is still in draft form and has not 

completed the full consensus process to be an 

approved standard and the draft language is subject 

to change. 

10CAMI (Civil Aeromedical Institute) dummies, 

which are designated ASTM test devices, are based 

on child anthropometric data and come in multiple 

sizes. ASTM’s working draft references the sixmonth-old size. 11See Staff’s NPR Briefing Package, Tab C. 

Report’s proposed firmness testing, 

because a firm product is unlikely to 

form a seal around an infant’s nose and 

mouth. 

Sagittal-Plane Testing. BSU 

developed prototype sagittal-plane 

testing devices to allow for more 

comprehensive assessments of infant 

positioning in and on infant support 

cushions.8 The BSU Final Report 

recommends further research to 

determine appropriate worst-case 

positions for testing and to set threshold 

values for acceptable body positions 

that would not negatively impact infant 

breathing. 

Tab C of Staff’s NPR Briefing Package 

contains staff’s summary of how the 

Commission’s proposed rule reflects the 

conclusions and recommendations of 

the BSU Final Report. 

VI. ASTM’s Working Draft Standard 

There are no published U.S. voluntary 

standards for infant support cushions. 

ASTM is working toward a voluntary 

standard for infant loungers under 

Subcommittee F15.21 on Infant Carriers, 

Bouncers, and Baby Swings.9 In the 

draft voluntary standard, an ‘‘infant 

lounger’’ is a product ‘‘with a raised 

perimeter, a recess, or other area that is 

intended to be placed on the floor and 

to provide a place for an infant to sit, 

lie, recline, or rest, while supervised by 

an adult.’’ That draft definition would 

govern only a subset of the products 

covered by this proposed rule, which 

includes infant positioners, nursing 

products with dual use for lounging, 

infant cushions, and other infant pillowlike products, as well as the infant 

loungers being considered by ASTM. 

Staff has been working with ASTM to 

develop performance requirements 

intended to address the primary hazards 

associated with infant loungers, but to 

date ASTM has not issued a ballot on 

a standard for infant loungers. 

ASTM’s draft voluntary standard 

includes general requirements typically 

found in other ASTM juvenile product 

standards, such as requirements 

addressing lead content, small parts, 

hazardous sharp edges or points, and 

toy accessories that are attached to, 

removable from, or sold with the 

products. The ASTM draft also specifies 

that if the lounger can be converted to 

another product it shall comply with the 

applicable requirements of that 

product’s standard. The general 

requirements of the draft infant lounger 

standard also state that the sidewall 

height of the product shall be less than 

four inches when measured according to 

the sidewall height measurement test 

method specified in the draft standard. 

The draft voluntary standard further 

includes the following performance 

requirements: 

• Stability: The product shall not tip 

over and shall retain the CAMI 

dummy 10 when tested in all 

manufacturers’ use positions. 

• Infant Restraints: The product shall 

not have a restraint system. 

• Fabric/Mesh Integrity: This 

requirement is intended to address 

product integrity issues such as seam 

failures and material breakage. 

• Bounded Openings: This 

requirement is intended to address 

potential entrapment hazards associated 

with openings in the product. 

• Occupant Support Surface: This 

requirement is intended to address the 

thickness of, dimensions of, and 

potential gaps in the occupant support 

surface. 

• Occupant Support Surface 

Firmness: This requirement uses an 

eight-inch diameter, disc-shaped 

‘‘firmometer’’ probe and requires that 

there shall be no point where the feeler 

arm of the device, which hangs over the 

edge of a disc, comes in contact with the 

occupant support surface. 

• Sidewall Firmness: The top of the 

sides of the product cannot be displaced 

more than one inch when a three-inch 

diameter hemispheric probe is applied 

to the product with 10 N of force. 

• Side Angle and Deflection: To 

address potential entrapment hazards at 

the intersection of the side wall and 

occupant support surface, the angle 

between the sidewall and the occupant 

support surface of the infant support 

cushion shall be greater than 90 degrees. 

The draft voluntary standard also 

includes marking, labeling, and 

instructional literature requirements, 

such as warning the consumer on the 

product about not using the product for 

sleep or naps, only using the product 

when the occupant baby is supervised, 

only using the product on the floor, 

keeping soft bedding out of the product, 

not using the product on raised surfaces, 

and not using the product to carry or 

move an infant. The draft standard 

requires the warnings to be 

‘‘permanent’’ and ‘‘conspicuous.’’ 

The product’s instructions must, 

among other requirements, indicate the 

manufacturer’s recommended maximum 

weight, height, age, developmental 

level, or combination of these attributes 

for any infant using the product, as well 

as any limitation on use of the product 

by a child for any specific unintended 

use. 

VII. Description of the Proposed 

Mandatory Standard for Infant Support 

Cushions 11

To address established risks of death 

and injury associated with infant 

suffocations, asphyxiations, 

entrapments, and falls, and as section 

104 of the CPSIA requires, the 

Commission is issuing this proposed 

rule to establish mandatory performance 

and labeling requirements for infant 

support cushions. 

The text of the proposed rule is based 

on an evaluation of incident data 

associated with infant support cushions, 

the ASTM working draft standard for 

infant loungers that is under 

development, and the recommendations 

of the BSU Final Report. The proposed 

rule is summarized below and 

explained in more detail in Tabs C and 

F of Staff’s NPR Briefing Package. 

A. Scope and Definitions 

Section 1243.1 of the proposed rule 

explains that the rule would apply to 

infant support cushions, including 

infant positioners, nursing products 

with a dual use for lounging, infant 

loungers, infant props, or cushions used 

to support an infant for activities such 

as ‘‘tummy time,’’ and other infant 

pillow-like products. It would exclude, 

however, products already regulated by 

other Commission mandatory standards 

for durable infant products, which are 

listed in 16 CFR 1130.2(a). The 

proposed rule would apply to all infant 

support cushions manufactured after the 

effective date of the rule. 

Section 1243.2 of the proposed rule 

defines ‘‘infant support cushion’’ as ‘‘an 

infant product that is filled with or 

comprised of resilient material such as 

foam, fibrous batting, or granular 

material or with a gel, liquid, or gas, and 

which is marketed, designed, or 

intended to support an infant’s weight 

or any portion of an infant while 

reclining or in a supine, prone, or 

recumbent position.’’ 

The scope of ‘‘infant support 

cushions’’ is intended to encompass the 

products described in Part II above. 

As noted previously, this proposed 

definition of ‘‘infant support cushions’’ 

includes, but is not limited to, the infant 


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2536 Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules 

12The proposed rule uses ASTM’s draft definition 

of an infant support cushion’s ‘‘occupant support 

surface’’ or OSS as ‘‘the area that holds up and 

bears the infant or any portion of the infant.’’ 

loungers that would be subject to 

ASTM’s draft voluntary standard. The 

proposed rule would define ‘‘infant 

lounger’’ as ‘‘an infant product with a 

raised perimeter, a recess, or other area 

that provides a place for an infant to 

recline or to be in a supine, prone, or 

recumbent position.’’ Because, however, 

incident data show that the suffocation, 

asphyxiation, and fall hazards this rule 

seeks to address are posed by other 

infant pillow-like products, in addition 

to those with a raised perimeter or 

recess, the proposed broader definition 

more effectively addresses the hazards 

posed by these products. For example, 

the proposed rule would apply to 

‘‘infant positioners,’’ defined as a 

product intended to help keep an infant 

in a particular position while supine or 

prone. 

As discussed above, ASTM is working 

concurrently on developing voluntary 

standards for both ‘‘infant feeding 

supports’’ and ‘‘infant loungers.’’ The 

draft ASTM standards address hazards 

posed by ‘‘dual use’’ products intended 

to be used both to feed an infant and to 

support a lounging infant by requiring 

such products to comply with both 

standards. Adopting ASTM’s approach, 

the proposed rule would apply to 

nursing pillows with a dual use for 

lounging, while excluding those nursing 

pillows that are solely intended to be 

used for nursing or feeding, along with 

other products already regulated by 

other Commission mandatory standards 

for durable infant products. 

The Commission invites public 

comment on the scope of the proposed 

rule, including whether it addresses all 

products that pose the identified 

hazards and whether it is sufficiently 

clear and administrable. For example, 

the Commission invites public comment 

on whether it is appropriate to subject 

‘‘dual use’’ products to both the 

proposed nursing pillow rule and the 

proposed infant support cushion rule 

(assuming that both are finalized), and 

what nursing products should be 

considered ‘‘dual use.’’ 

B. General Requirements 

The proposed rule includes many of 

the general requirements included in 

the ASTM draft standard for infant 

loungers to address sharp edges or 

points, small parts, and lead in paints. 

It also requires that toy accessories that 

are attached to, removable from, or sold 

with the products comply with 16 CFR 

part 1250, which establishes a 

mandatory safety standard for toys, as 

well as requirements for the 

permanency of labels and warnings. 

However, while ASTM’s draft standard 

for infant loungers would allow a 

maximum sidewall height of four 

inches, the Commission is concerned 

that this height may give consumers the 

mistaken impression that an infant can 

safely be left unattended in or on the 

product. For that reason, the proposed 

rule addresses the positional asphyxia 

hazard with a maximum incline 

requirement that effectively sets a lower 

limit on sidewall height, rather than the 

maximum side height requirement 

currently favored by ASTM. The 

Commission invites public comment on 

side height limit and incline angle 

requirements. 

C. Proposed Performance Requirements 

1. Firmness 

The Commission’s proposed firmness 

requirements and associated test 

methods are consistent with those 

applicable to crib mattresses and more 

stringent than those currently included 

in ASTM’s draft standard for infant 

loungers. As explained in Tab C of 

Staff’s NPR Briefing Package, based 

upon the findings and recommendations 

in the BSU Final Report as well as staff’s 

analysis of the incidents and hazard 

patterns associated with facial occlusion 

into infant support cushions, the 

proposed rule requires firmness testing 

at three locations: the occupant support 

surface, the sidewall, and the 

intersection of the occupant support 

surface with the sidewall, as follows: 

a. Occupant Support Surface (OSS) 

Firmness 

The proposed rule includes a firmness 

test for the occupant support surface 12

that is based on the BSU Final Report, 

with modifications to improve the test 

methodology. The firmness test is 

intended to reduce the likelihood that 

the OSS can conform to an infant’s face 

and cause suffocation. The proposed 

rule requires that OSS firmness be 

tested using the three-inch diameter 

hemispheric probe developed by BSU, 

rather than the eight-inch firmometer 

probe in the ASTM draft standard. The 

three-inch probe is more consistent, in 

both size and shape, with the size and 

dimensions of an infant’s head, enabling 

it to more accurately detect any material 

deformations and surface features that 

an infant’s face may come in contact 

with on an infant support cushion. In 

addition, staff’s testing showed that an 

eight-inch disc probe may not be as 

accurate as a three-inch hemispheric 

probe when used on certain models of 

infant support cushions with smaller 

dimensions or an OSS surface that is not 

completely flat, so that the eight-inch 

firmometer cannot fit well enough in the 

product to provide accurate 

measurement. 

To meet the proposed rule’s firmness 

requirement, the force required to 

displace the probe one inch into the 

OSS test location (as well as the two 

other test locations) must exceed 10 N 

(about 2.25 pounds), which indicates 

product firmness that is at least 

comparable to a crib mattress. Figure 1, 

below, illustrates the firmness test being 

applied to the OSS of an infant support 

cushion. 

BILLING CODE 6355–01–P 


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BILLING CODE 6355–01–C 

Because an infant’s head or face may 

rest on the sidewall of a product, as well 

as on the product’s OSS, the proposed 

rule includes firmness requirements for 

any product sidewall. While the ASTM 

working draft also requires firmness 

testing of sidewalls, the proposed rule 

requires testing a minimum of four 

sidewall locations, including the 

location of maximum sidewall height, 

and requires that the test locations 

include at least one location most likely 

to fail, rather than requiring that 

sidewalls be tested in six-inch 

increments around the product as stated 

in ASTM’s draft. The differences from 

ASTM in testing protocol are intended 

to provide more accurate testing for both 

smaller head pillows and larger lounger 

products. 

b. Intersection of OSS With Sidewall 

To address the hazard of suffocation 

when an infant’s face is surrounded on 

two sides by the OSS and a sidewall, the 

proposed rule includes firmness 

requirements based on testing the angle 

at which the two surfaces intersect, to 

ensure sufficient firmness to prevent the 

product from conforming to the infant’s 

mouth or face and obstructing airways. 

It requires testing of firmness with the 

three-inch hemispherical probe 

positioned to bisect the angle formed 

where the two surfaces intersect, as 

shown in Figure 2. 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP16JA24.013</GPH> EP16JA24.014</GPH>

Figure 1: Firmness Test Applied to OSS or Sidewall 

3-IN HEMISPHERICAL 

TEST PROBE 

OCCUPANT SUPPORT SURFACE 

lON 

.---3-ffl HfMJSPtlEIOCAL 

TESf PROIIE 

oss 

..___ ____ TEST~ 

"-----lNTERSEC"l10N 

SIDEWAli/OSS 
2538 Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules 

The proposed rule’s firmness 

requirements for the OSS/Sidewall 

intersection are similar to those in 

ASTM’s draft standard. 

2. Sidewall Angle 

The proposed rule, like ASTM’s draft, 

requires that the angle formed between 

the product’s OSS and any sidewall be 

greater than 90 degrees to reduce 

potential entrapment hazards between 

the sidewall and the occupant support 

surfaces. The proposed rule requires a 

slightly different methodology for 

measuring this angle than does ASTM’s 

draft. While ASTM’s draft requires that 

this angle be measured with a protractor 

or similar tool at four-inch intervals 

along the product’s interior, the 

proposed rule specifies assessing this 

angle with the cylindrical side of the 

three-inch probe, with a 10 N force 

applied to the probe. The probe, which 

is designed to simulate the size and 

shape of an infant’s head, is used to 

determine whether there is any contact 

between the sidewall and the probe’s 

side when the ‘‘face’’ of the probe is 

pressed against the OSS/sidewall 

intersection. If there is such contact, 

indicating an entrapment risk, that 

indicates that the angle is less than 90 

degrees and the product would fail. 

Conversely, if there is no contact 

between the sidewall and the side of the 

probe, the angle is greater than 90 

degrees and the product meets this 

requirement. 

3. Maximum Incline Angle 

The proposed rule, like ASTM’s draft, 

requires that any incline of the OSS of 

an infant support cushion not exceed 10 

degrees. This requirement is consistent 

with incline test of CPSC’s Safety 

Standard for Infant Sleep Products, 16 

CFR part 1236, and the ban of inclined 

sleepers for infants in the Safe Sleep for 

Babies Act, 15 U.S.C. 2057d, and 

similarly it addresses the hazards 

associated with inclined sleep products. 

The proposed rule, however, differs 

from ASTM’s maximum incline angle 

requirements and test procedures in 

order to improve test consistency across 

all infant support cushion products and 

to address additional locations of 

potential inclined lounging, reclining, 

and sleep. The three ways in which the 

proposed rule modifies ASTM’s 

proposed testing protocol are: (1) setting 

a maximum incline angle that applies 

not only to all of a manufacturer’s 

recommended use positions, but also to 

all other infant cushion surfaces that 

can feasibly support an infant’s head, 

including, for example, the angle from 

any sidewall to the OSS or from the 

sidewall to the floor; (2) use of a 

newborn hinged weight gauge, rather 

than an infant gauge; and (3) positioning 

the gauge differently throughout testing. 

Figure 3 below, shows the use of a 

hinged weight gauge to measure the 

incline on an infant support cushion 

with a sidewall. The proposed rule 

requires use of a newborn hinged weight 

gauge, rather than the heavier infant 

gauge specified in the ASTM draft, 

because infant support cushions are 

commonly used for newborns, who are 

at higher risk of suffocation. 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP16JA24.015</GPH>

Figure 2: Test Configuration for Intersection of Sidewall and 

Occupant Support Surface Firmness 

-----4-3-IH HEMlSfflERICAL 

TEST~ 

--oss 

----TEST BASE 

------INTERSeCTteN 

SIDEWAU,/OSS 
Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules 2539 

4. Sidewall Height 

The proposed rule limits the height of 

any sidewall of an infant support 

cushion, as does ASTM’s draft. 

However, the proposed rule addresses 

the hazards associated with relatively 

high sidewalls in a manner that is more 

closely tailored to the hazards, and 

applies to all of the products that fall 

within the scope of the proposed rule. 

These hazards are that caregivers may 

judge that an infant support cushion 

with relatively high sidewalls can safely 

contain an infant without supervision 

and is suitable for use on top of an adult 

bed or in a crib notwithstanding any 

contrary warnings, and that high 

sidewalls can cause hazardous 

positioning of the infant’s neck when an 

infant’s head is placed on top of the 

sidewall while their body is on a lower 

surface either inside or outside of the 

product. See Staff’s NPR Briefing 

Package, Tabs B and C. While ASTM’s 

draft sets a four-inch limit on sidewall 

height, the proposed rule addresses 

these hazards by limiting the maximum 

incline angle and provides testing 

protocols based on the type of product 

(for example, lounger-type products or 

head cushions). Using the test 

methodology prescribed in the proposed 

rule, sidewall heights, for products that 

have sidewalls, would be limited to 

approximately 1.9 inches. 

The Commission invites public 

comments on the proposed rule’s 

method for addressing hazards posed by 

sidewall heights via measurement of 

maximum incline angle and what 

methodology would most effectively 

address the identified fall and positional 

asphyxia hazards. 

D. Warning and Instructional 

Requirements 

Compared to the performance 

requirements described above, warnings 

are less effective in eliminating or 

adequately reducing exposure to 

hazards associated with infant support 

cushions. Nevertheless, prominent and 

well-designed warnings can provide 

consumers with important information 

about the hazards associated with these 

products and appropriate behaviors to 

avoid the hazards. Thus, the proposed 

rule includes requirements for onproduct warnings that address the 

primary hazards associated with infant 

support cushions. 

The proposed rule includes warning 

content and format requirements similar 

to those in the ASTM draft standard. 

Figure 4 shows the warning statements 

and format that would be required on 

infant support cushions: 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP16JA24.016</GPH>

Figure 3: Test Fixture Configuration to Measure Incline Angle 

on an Infant Lounger 

HINGED 

WEIGHT GAUGE 

-NEWBORN 

SEAT BIGHT 

LINE 

oss-----

SIOEWALL 
2540 Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules 

The proposed rule, like ASTM’s draft, 

requires on-product warning labels to be 

‘‘conspicuous,’’ defined as ‘‘visible, 

when the product is in each 

manufacturer’s recommended use 

position, to a person while placing an 

infant into or onto the product.’’ Also, 

like ASTM’s draft, the proposed rule 

requires such warning labels to be 

‘‘permanent,’’ with permanence 

requirements based on ASTM’s draft but 

better addressing the potential for 

consumers to attempt to remove onproduct warning labels. The draft ASTM 

warning label for infant loungers 

indicates that the product should only 

be used on the floor, ‘‘with baby faceup on back.’’ This proposed rule would 

adopt ASTM’s draft language. However, 

this proposed rule for infant support 

cushions includes products that can be 

used for ‘‘tummy time,’’ for which 

infants are on their stomach. The 

Commission invites public comments in 

answer to the following questions: 

Should manufacturers have flexibility to 

remove or change the ‘‘with baby faceup on back’’ language in the warning 

label? If so, in what circumstances? 

The proposed rule incorporates by 

reference American National Standards 

Institute (ANSI) ANSI Z535.4, Product 

Safety Signs and Labels, which includes 

requirements related to safety alert 

symbol use; signal word selection; 

warning panel format, arrangement, and 

shape; color requirements for each 

panel; and letter style. The Commission 

specifically references the warning 

format requirements published in 

sections 6.1–6.4, 7.2–7.6.3, and 8.1. See 

Staff’s NPR Briefing Package, Tab D, 80– 

81. 

In addition to on-product warnings, 

the ASTM draft standard includes basic 

warning requirements for instructional 

literature that are the same as those in 

ASTM’s draft. 

VIII. Proposed Amendment to 16 CFR 

Part 1112 To Include NOR for Infant 

Support Cushions 

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 CPSCenforced 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 thirdparty conformity assessment body. 15 

U.S.C. 2063(a)(2). The Commission must 

publish an NOR for the accreditation of 

testing laboratories as third party 

conformity assessment bodies to assess 

conformity with a children’s product 

safety rule. 15 U.S.C. 2063(a)(3). The 

proposed standard for infant support 

cushions would be a children’s product 

safety rule that requires the issuance of 

an NOR. 

The Commission’s rules, at 16 CFR 

part 1112, establish requirements for 

accreditation of third party conformity 

assessment bodies to test for 

conformance with a children’s product 

safety rule in accordance with section 

14(a)(2) of the CPSA. Part 1112 also lists 

the NORs that the CPSC has published. 

The Commission proposes to amend 

part 1112 to include the Safety Standard 

for Infant Support Cushions in the list 

of children’s product safety rules for 

which the CPSC has issued NORs. 

Laboratories applying for acceptance 

as a CPSC-accepted third party 

conformity assessment body to test to 

the new standard are 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 the CPSC to 

have the Safety Standard for Infant 

Support Cushions included in its scope 

of accreditation as reflected on the CPSC 

website at: www.cpsc.gov/labsearch. 

IX. Product Registration Rule 

Amendment 

In addition to requiring the 

Commission to issue safety standards 

for durable infant or toddler products, 

section 104 of the CPSIA directed 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 distinct product categories. 15 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP16JA24.017</GPH>

Figure 4: Example of Infant Support Cushion Warning 

USING THIS PRODUCT FOR SLEEP OR NAPS CAN KILL. 

Babies can tum ov,er or rol out without warning and CAN 

SUFFOCATE in only a few minutes. 

• Use only with an AWAKE baby. 

• Stay near and watch baby during use. ff baby falls asleep, 

remove baby as soon as possible and place baby on a firm, 

flat sleep surface such as a crib or bassinet. 

• Use only on floor, with baby face-up on back. Do not use on 

soft surfaces or in sleep products like cribs or bassinets. 

• Keep blankets and other soft bedding or items out of product. 

Babies have been injured from FALLS. 

• Do not use on beds, sofas, or other raised surfaces. 

• Never carry or move product with baby in it. 
Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules 2541 

U.S.C. 2056a(f). The product categories 

listed in section 104(f)(2) of the CPSIA 

represent a non-exhaustive list of 

durable infant or toddler product 

categories. Infant support cushions are 

not included in the statutory list of 

durable infant or toddler products. 

In 2009, the Commission issued a rule 

implementing the consumer registration 

requirement. 74 FR 68668 (Dec. 29, 

2009) (establishing 16 CFR part 1130). 

As section 104(d) of the CPSIA directs, 

the consumer registration rule requires 

each manufacturer of a durable infant or 

toddler product to provide a postagepaid 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. 

When issuing the consumer 

registration rule, the Commission 

identified six additional products as 

durable infant or toddler products: 

children’s folding chairs; changing 

tables; infant bouncers; infant bathtubs; 

bed rails; and infant slings. 74 FR 

68669. The Commission explained that 

the specified statutory categories are not 

exclusive, and that the Commission is 

charged with identifying the product 

categories that are covered. ‘‘Because 

the statute has a broad definition of a 

durable infant or toddler product but 

also includes 12 specific product 

categories,’’ the Commission noted, 

‘‘additional items can and should be 

included in the definition, but should 

also be specifically listed in the rule.’’ 

Id. at 68670. 

The Commission proposes in this 

NPR to amend part 1130 to include 

‘‘Infant Support Cushions’’ as durable 

infant or toddler products. Infant 

support cushions are a category of 

‘‘durable infant or toddler product’’ for 

purposes of CPSIA section 104 because 

they: (1) are intended for use, and may 

be reasonably expected to be used, by 

children under the age of five years; (2) 

are products similar to other products 

listed in section 104(f)(2), such as crib 

mattresses and sling carriers; and (3) are 

commonly resold or ‘‘handed down’’ for 

use by other children over a period of 

years. 

X. Incorporation by Reference 

The proposed rule incorporates by 

reference ANSI Z535.4–2011, American 

National Standard for Product Safety 

Signs and Labels and ASTM D3359, 

Standard Test Methods for Rating 

Adhesion by Tape Test. In accordance 

with regulations of the Office of the 

Federal Register (OFR), 1 CFR part 51, 

Part VII.D of this preamble summarizes 

ANSI Z535.4–2011. ASTM D3359 

covers procedures for assessing the 

adhesion of relatively ductile coating 

films to metallic substrates by applying 

and removing pressure-sensitive tape 

over cuts made in the film. 

Both standards are reasonably 

available to interested parties in several 

ways. By permission of ANSI, the ANSI 

standard can be viewed as a read-only 

document during the comment period 

on this NPR, at: https://www.survey

monkey.com/r/DQVJYMK. To download 

or print the standard, interested persons 

may purchase a copy of ANSI Z535.4– 

2011 from ANSI via its website, https:// 

www.ansi.org, or by mail from ANSI, 25 

West 43rd Street, 4th Floor, New York, 

NY 10036, telephone: (212)–642–4900. 

By permission of ASTM, this ASTM 

standard can be viewed as a read-only 

document during the comment period 

on this NPR, at: https://www.astm.org/ 

cpsc.htm. To download or print the 

standard, interested persons may 

purchase a copy of ASTM D3359 from 

ASTM, through its website, https://

www.astm.org, or by mail from ASTM 

International, 100 Barr Harbor Drive, 

P.O. Box 0700, West Conshohocken, PA 

19428–2959. Alternatively, interested 

parties may inspect a copy of the 

standards at CPSC’s Office of the 

Secretary by contacting Alberta E. Mills, 

Commission Secretary, U.S. Consumer 

Product Safety Commission, 4330 EastWest Highway, Bethesda, MD 20814; 

telephone: (301) 504–7479; email: cpscos@cpsc.gov. 

XI. 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 an effective date of 180 days 

after publication of the final rule in the 

Federal Register, such that the 

requirements of the rule would apply to 

all infant support cushions 

manufactured after that date. This 

amount of time is typical for rules 

issued under section 104 of the CPSIA. 

It 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 

time. A 180-day effective date should 

also be sufficient for manufacturers to 

comply with this rule because the 

proposed requirements do not demand 

significant preparation by testing 

laboratories. For example, no new 

complex testing instruments or devices 

would be required to test infant support 

cushions for compliance with the 

proposed rule. The Commission invites 

comments, particularly from small 

businesses, that provide specific data 

addressing whether the proposed 180- 

day effective date period is appropriate. 

XII. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA; 

5 U.S.C. 601–612) requires that agencies 

review a proposed rule’s potential 

economic impact on U.S. small entities, 

including small businesses. Section 603 

of the RFA generally requires that 

agencies make an initial regulatory 

flexibility analysis (IRFA) available to 

the public for comment when the NPR 

is published. 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. Staff 

prepared an IRFA for this rulemaking 

that appears at Tab E of the Staff’s NPR 

Briefing Package. We summarize the 

IRFA below. 

A. Reasons and Legal Basis for the NPR 

Part I of this preamble describes the 

reasons and legal basis for this NPR. As 

discussed in Parts VII–IX of this 

preamble, and detailed in Tab B of 

Staff’s NPR Briefing Package, the 

proposed rule sets out mandatory 

requirements for infant support 

cushions to address the suffocation, 

entrapment, and fall hazards associated 

with these products; adds infant support 

cushions to the list of products for 

which a registration card is required; 

and adds infant support cushions to the 

list of durable infant products for which 

an NOR is required. 

B. Small Entities to Which the Proposed 

Rule Would Apply 

As explained in Tab E to Staff’s NPR 

Briefing Package, Commission staff has 

identified more than 2,000 suppliers of 

infant support cushions to the U.S. 

market, including manufacturers, 

importers, and foreign direct shippers. 

The majority of these suppliers are 

small businesses. 

C. Impact of the Proposed Rule on Small 

Manufacturers and Importers 

Most in-scope products on the market 

will require redesign to meet the 

requirements in the proposed rule, and 

redesign costs would be potentially 

significant for a substantial number of 

small firms, particularly small-volume 

home crafters, for the first year that a 

rule is effective. Staff considers a 

‘‘significant’’ impact to be at least one 


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percent of annual revenue, which is 

consistent with the regulatory flexibility 

analyses of other federal agencies. With 

an estimated 2,000 models to be 

redesigned, the total cost of redesign to 

the industry in the first year could be up 

to $27 million. However, as discussed in 

Tab E of Staff’s Briefing Package, 

suppliers may be able to cover these 

costs by implementing modest retail 

price increases which would reduce the 

rule’s impact on individual small 

entities. For example, a firm supplying 

5,000 infant support cushions per year 

could cover the entire cost of redesign 

by raising the retail price by $2.70. 

If issued, a final rule would require all 

manufacturers and importers of infant 

support cushions to meet additional 

third party testing requirements under 

section 14 of the CPSA. As specified in 

16 CFR part 1109, entities that are not 

manufacturers of children’s products, 

such as importers and wholesalers, may 

rely on the certificates of compliance 

provided by others. However, 

manufacturers could pass on at least 

some of the cost of testing for 

compliance to U.S. importers and 

wholesalers. 

Third party testing costs for infant 

support cushions are estimated to be 

$500 to $1,000 per model. The annual 

cost of samples for testing is estimated 

at around $100, bringing the overall 

annual testing cost to an estimated $600 

to $1,100 per model. The costs of testing 

per model would be similar for 

suppliers of all sizes, although larger 

firms may be more likely to qualify for 

volume discounts. As with redesign 

costs, these testing costs could largely 

be covered by modest retail price 

increases. 

The hand crafters of infant support 

cushions with the smallest sales 

volumes may not have sufficient sales 

volume to cover these costs and may 

exit the market. However, consumers 

would likely not experience a 

significant loss of utility as there are 

many different products available from 

different suppliers. 

D. Other Federal Rules That May 

Duplicate, Overlap, or Conflict With the 

Proposed Rule 

The Commission has not identified 

any federal rules that duplicate, overlap 

with, or conflict with the proposed rule. 

E. Alternatives Considered To Reduce 

the Impact on Small Entities 

The Commission considered the 

following alternatives to the proposed 

rule to reduce the impact on small 

businesses. The Commission requests 

comments on these alternatives and 

other alternatives that could reduce the 

potential burden on U.S. small entities. 

1. Not Establishing a Safety Standard 

The Commission considered not 

establishing a safety standard for infant 

support cushions. While this alternative 

would result in no regulatory impact on 

small entities, deaths and injuries from 

the use of infant support cushions 

would likely continue to occur at 

similar rates as those observed during 

the period from 2010 through 2022. In 

2020 alone, there were 17 fatalities 

involving infant support cushions. 

Another 17 fatalities have been recorded 

in the potentially incomplete data for 

2021. See Staff NPR Briefing Package, 

Tab A. 

2. Delay To Await Publication of a 

Voluntary Standard 

The Commission considered delaying 

the draft proposed rule to allow possible 

publication of a voluntary standard. 

Although this alternative would delay 

any impact on small businesses, it 

would also allow the hazard to continue 

indefinitely, as there is no clear date at 

which ASTM or any other voluntary 

standards organization will adopt a 

relevant standard, nor any assurance 

that a voluntary standard, if published, 

would be complied with by industry or 

adequately address the identified 

hazards. 

3. Earlier or Later Effective Date 

The Commission is proposing an 

effective date 180 days after publication 

of the final rule in the Federal Register. 

An earlier effective date would achieve 

the safety benefits of the rule more 

quickly, but it would also increase the 

burden on small businesses to quickly 

redesign and test their products. In 

addition, a significantly earlier effective 

date could result in temporary shortages 

of infant support cushions due to a 

potential lack of availability of testing 

laboratory resources. 

The Commission is not proposing a 

later effective date, which would 

somewhat reduce burdens on small 

suppliers, because 180 days has 

generally been sufficient time for 

suppliers to come into compliance with 

durable infant or toddler product rules. 

Additionally, six months from the 

change in a voluntary standard is the 

period that JPMA uses for its 

certification program, so compliant 

manufacturers are used to this time 

frame to comply with a modified 

standard. Testing laboratories should 

have no difficulty preparing to test to 

the proposed new mandatory standards 

within a 180-day period. 

F. Impact on Testing Labs 

The proposed rule should not have a 

significant adverse impact on testing 

laboratories. Laboratories will not need 

to acquire complex or costly testing 

instruments or devices to test infant 

support cushions for compliance, and 

laboratories will decide for themselves, 

based on expected demand for their 

testing services, whether to offer testing 

services for infant support cushion 

compliance. 

XIII. Environmental Considerations 

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 

consumer products come under this 

categorical exclusion. 16 CFR 

1021.5(c)(1). The proposed rule for 

infant support cushions falls within the 

categorical exclusion. 

XIV. Paperwork Reduction Act 

This proposed rule 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 (PRA; 44 U.S.C. 

3501–3521). In this document, pursuant 

to 44 U.S.C. 3507(a)(1)(D), we set forth: 

• a title for the collection of 

information; 

• a summary of the collection of 

information; 

• a brief description of the need for 

the information and the proposed use of 

the information; 

• a description of the likely 

respondents and proposed frequency of 

response to the collection of 

information; 

• an estimate of the burden that shall 

result from the collection of 

information; and 

• notice that comments may be 

submitted to the OMB. 

Title: Safety Standard for Infant 

Support Cushions. 

Description: The proposed rule would 

require each infant support cushion 

within the scope of the rule to meet the 

rule’s performance and labeling 

requirements. It would require suppliers 

to conduct third party testing to 

demonstrate compliance and provide 

the specified warning label and 

instructions. These requirements fall 

within the definition of a ‘‘collection of 

information,’’ as defined in 44 U.S.C. 

3502(3). 

Description of Respondents: Persons 

who manufacture or import infant 

support cushions. 


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Estimated Burden: We estimate the 

burden of this collection of information 

as follows: 

TABLE 7—ESTIMATED ANNUAL REPORTING BURDEN

Burden type Number of 

respondents 

Frequency of 

response 

Total annual 

responses 

Hours per 

response 

Total burden 

hours 

Labeling and instructions ..................................................... 2,000 1 2,000 2 4,000 

While some infant support cushion 

products currently have labels, all of 

these products would have to meet the 

specific labeling requirements and 

instructions specified in the proposed 

rule, which provides the text and 

graphics for the required labels and 

instructions. Specialized expertise in 

graphics design would not be required 

to develop the warnings and 

instructions. Most reporting and 

recordkeeping requirements in this 

proposed rule would be new for all 

suppliers. 

CPSC estimates there are 2,000 

entities that would respond to this 

collection annually, the majority of 

which would be small entities. We 

estimate that the time required to create 

and/or modify labeling and instructions 

is about two hours per response. 

Therefore, the estimated burden 

associated with this collection is 2,000 

responses × one response per year × two 

hours per response = 4,000 hours 

annually. 

We estimate the hourly compensation 

for the time required to respond to the 

collection is $37.88 (U.S. Bureau of 

Labor Statistics, ‘‘Employer Costs for 

Employee Compensation,’’ June 2023, 

Table 4, total compensation for all sales 

and office workers in goods-producing 

private industries: https://www.bls.gov/ 

news.release/archives/ecec_

09122023.pdf. Therefore, the estimated 

annual cost of the collection is $151,520 

($37.88 per hour × 4,000 hours = 

$151,520). 

Based on this analysis, the proposed 

standard for infant support cushions 

would impose a burden to industry of 

4,000 hours at a cost of $151,520. 

Comments. CPSC has submitted the 

information collection requirements of 

this proposed rule to OMB for review in 

accordance with PRA requirements. 44 

U.S.C. 3507(d). CPSC requests that 

interested parties submit comments 

regarding information collection to the 

Office of Information and Regulatory 

Affairs, OMB (see the ADDRESSES section 

at the beginning of this NPR). Pursuant 

to 44 U.S.C. 3506(c)(2)(A), the 

Commission invites comments on: 

• whether the collection of 

information is necessary for the proper 

performance of CPSC’s functions, 

including whether the information will 

have practical utility; 

• the accuracy of CPSC’s estimate of 

the burden of the proposed collection of 

information, including the validity of 

the methodology and assumptions used; 

• ways to enhance the quality, utility, 

and clarity of the information to be 

collected; 

• 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 

• the estimated burden hours 

associated with label modification, 

including any alternative estimates. 

XV. Preemption 

Section 26(a) of the CPSA, 15 U.S.C. 

2075(a), provides 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, if 

finalized, the preemption provision of 

section 26(a) of the CPSA would apply 

to this rule for infant support cushions. 

XVI. Request for Comments 

The Commission seeks public 

comment on all aspects of the proposed 

rule. In particular, the Commission 

seeks comments on the scope of the 

proposed rule, with respect to both in 

scope and out of scope products, 

including comments on whether the 

proposed definition of ‘‘infant support 

cushion’’ is sufficient to include all 

infant support cushions that are not 

subject to the FHSA infant pillow ban, 

16 CFR 1500.18(a)(16). The Commission 

would also welcome comments on the 

wording of proposed warning label as 

well as on whether the on-product 

warning label requirement included in 

the proposed rule should be applied to 

replacement covers for infant support 

cushions in addition to the cushions 

themselves. In addition, the 

Commission invites public comment on 

the proposed limit on sidewall height 

and whether the proposed rule’s incline 

angle requirements provide appropriate 

protection against positional 

asphyxiation. The Commission also 

seeks comment on whether an antistockpiling provision should be 

included and, if so, whether the 

Commission should include an antistockpiling provision comparable to the 

one proposed in the recent SNPR for 

portable generators at 88 FR 24346, 

24372 (Apr. 20, 2023). Finally, the 

Commission requests comments on the 

proposed effective date and the costs of 

compliance with, and testing to, the 

proposed rule. 

Submit comments in accordance with 

the instructions in the ADDRESSES

section at the beginning of this NPR. 

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 1243 

Consumer protection, Imports, 

Incorporation by reference, Infants and 

children, Labeling, Law enforcement, 

Pillows, Toys. 

For the reasons discussed in the 

preamble, the Commission proposes to 

amend chapter II of title 16 of the Code 

of Federal Regulations as follows: 


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PART 1112—REQUIREMENTS 

PERTAINING TO THIRD PARTY 

CONFORMITY ASSESSMENT BODIES 

■ 1. The authority citation for 16 CFR 

part 1112 continues to read as follows: 

Authority: Pub. L. 110–314, section 3, 122 

Stat. 3016, 3017 (2008); 15 U.S.C. 2063. 

■ 2. Amend § 1112.15, as proposed to be 

amended at 88 FR 65865 (Sept. 26, 

2023), by: 

■ a. Removing the semicolons at the 

ends of paragraphs (b)(1) through (9) 

and (11) through (27), (b)(28)(v), 

(b)(29)(iv), (b)(30)(iv), and (b)(31)(ii) and 

adding periods in their place; 

■ b. Adding periods at the ends of 

paragraphs (b)(32)(ii)(A) through (KK); 

and 

■ c. Adding paragraph (b)(57). 

The addition reads as follows: 

§ 1112.15 When can a third party 

conformity assessment body apply for 

CPSC acceptance for a particular CPSC rule 

and/or test method? 

* * * * * 

(b) * * * 

(57) 16 CFR part 1243, Safety 

Standard for Infant Support Cushions. 

* * * * * 

PART 1130—REQUIREMENTS FOR 

CONSUMER REGISTRATION OF 

DURABLE INFANT OR TODDLER 

PRODUCTS 

■ 3. The authority citation for 16 CFR 

part 1130 continues to read as follows: 

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

■ 4. Amend § 1130.2, as proposed to be 

amended at 88 FR 65865 (Sept. 26, 

2023) and 88 FR 73551 (Oct. 26, 2023), 

by: 

■ a. Removing the semicolons at the 

ends of paragraphs (a)(1) through (16) 

and adding periods in their place; 

■ b. Removing ‘‘; and’’ at the end of 

paragraph (a)(17) and adding a period in 

its place; and 

■ c. Adding paragraph (a)(21). 

The addition reads as follows: 

§ 1130.2 Definitions. 

* * * * * 

(a) * * * 

(21) Infant support cushions. 

* * * * * 

■ 5. Add part 1243 to read as follows: 

PART 1243—SAFETY STANDARD FOR 

INFANT SUPPORT CUSHIONS 

Sec. 

1243.1 Scope, purpose, application, and 

exemptions. 

1243.2 Definitions. 

1243.3 General requirements. 

1243.4 Performance requirements. 

1243.5 Test methods. 

1243.6 Marking and labeling. 

1243.7 Instructional literature. 

1243.8 Incorporation by reference. 

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

§ 1243.1 Scope, purpose, application, and 

exemptions. 

(a) Scope and purpose. The consumer 

product safety standard in this part 

prescribes requirements to reduce the 

risk of death and injury from hazards 

associated with infant support cushions, 

as defined in § 1243.2. This includes but 

is not limited to infant positioners, 

nursing products with a dual use for 

lounging, infant loungers, and infant 

props or cushions used to support an 

infant. All infant support cushions must 

be tested according to the requirements 

of § 1243.5 and comply with all 

requirements of this part. 

(b) Application. All infant support 

cushions manufactured after [effective 

date of the final rule], are subject to the 

requirements of this part. 

(c) Exemptions. Products subject to 

another standard listed in 16 CFR 

1130.2(a) are exempt from this part. 

Nursing pillows that also meet the 

definition of infant lounger, however, 

are not exempt from this part. 

§ 1243.2 Definitions. 

Conspicuous means visible, when the 

product is in each manufacturer’s 

recommended use position, to a person 

while placing an infant into or onto the 

product. 

Infant lounger means an infant 

product with a raised perimeter, a 

recess, or other area that provides a 

place for an infant to recline or to be in 

a supine, prone, or recumbent position. 

Infant positioner means a product 

intended to help keep an infant in a 

particular position while supine or 

prone. 

Infant support cushion means an 

infant product that is filled with or 

comprised of resilient material such as 

foam, fibrous batting, or granular 

material or with a gel, liquid, or gas, and 

which is marketed, designed, or 

intended to support an infant’s weight 

or any portion of an infant while 

reclining or in a supine, prone, or 

recumbent position. 

Occupant support surface (OSS) 

means the area that holds up and bears 

the infant or any portion of the infant. 

Seat bight line means the intersection 

of the seat back surface with the seat 

bottom surface. 

§ 1243.3 General requirements. 

(a) Hazardous sharp edges or points. 

There shall be no hazardous sharp 

points or edges as defined in 16 CFR 

1500.48 and 1500.49 before or after the 

product has been tested. 

(b) Small parts. There shall be no 

small parts as defined in 16 CFR part 

1501 before testing or presented as a 

result of testing. 

(c) Lead in paints. All paint and 

surface coatings on the product shall 

comply with the requirements of 16 CFR 

part 1303. 

(d) Toys. Toy accessories attached to, 

removable from, or sold with an infant 

pillow, as well as their means of 

attachment, shall comply with the 

applicable requirements of 16 CFR part 

1250. 

(e) Side height. The maximum side 

height for the product, measured from 

the OSS-body or test base, as 

appropriate, to the top of the sidewall, 

shall not exceed the maximum of the 

side heights determined in 

§ 1243.5(d)(8). 

(f) Removal of components. When 

tested in accordance with § 1243.5(k), 

any removal of components that are 

accessible to an infant while in the 

product or from any position around the 

product shall not present a small part, 

sharp point, or sharp edge as required 

in paragraphs (a) and (b) of this section. 

(g) Permanency of labeling and 

warnings. (1) Warning labels, whether 

paper or non-paper, shall be permanent 

when tested in accordance with 

§ 1243.5(b)(1) through (3). 

(2) Warning statements applied 

directly onto the surface of the product 

by hot stamping, heat transfer, printing, 

wood burning, or any other method 

shall be permanent when tested in 

accordance with § 1243.5(b)(4). 

(3) Non-paper labels shall not liberate 

small parts when tested in accordance 

with § 1243.5(b)(5). 

(4) Warning labels that are attached to 

the fabric of the product with seams 

shall remain in contact with the fabric 

around the entire perimeter of the label 

when the product is in all manufacturerrecommended use positions and when 

tested in accordance with § 1243.5(b)(3). 

(h) Convertible products. If the infant 

support cushion can be converted into 

another product for which a consumer 

product safety standard exists, the 

product also shall comply with the 

applicable requirements of that 

standard. 

§ 1243.4 Performance requirements. 

(a) Restraint. The product shall not 

include a restraint system. 

(b) Seam strength. When tested in 

accordance with § 1243.5(j), fabric/mesh 

seams and points of attachment shall 

not fail such that a small part, sharp 

point, or sharp edge is presented, as 

required in § 1243.3(a) and (b). 


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(c) Bounded openings. When tested to 

§ 1243.5(c), all completely bounded 

openings that exist in the front, sides, or 

back of the occupant lounging area, or 

that are created when an accessory is 

attached to the product, shall not allow 

complete passage of the small head 

probe unless it allows the complete 

passage of the large head probe. 

(d) Maximum incline angle. The 

maximum incline angle shall not exceed 

10 degrees when tested in accordance 

with § 1243.5(d). 

(e) Firmness—(1) Occupant support 

surface firmness. When the three-inch 

diameter (figure 1 to this paragraph 

(e)(1)) hemispherical head probe is 

applied according to the test method for 

occupant support surface firmness, 

§ 1243.5(f), the force required for a oneinch displacement shall be greater than 

10 N. 

(2) Sidewall firmness. When the threeinch diameter hemispherical head probe 

is applied according to the test method 

for sidewall firmness, § 1243.5(g), the 

force required for a one-inch 

displacement shall be greater than 10 N. 

(3) Firmness at intersection of 

sidewall and occupant support surface. 

When the three-inch diameter 

hemispherical head probe is applied 

according to the test method for 

firmness at the intersection of sidewall 

and occupant support surface, 

§ 1243.5(h), the force required for a oneinch displacement shall be greater than 

10 N. 

(f) Sidewall angle. Sidewall angle 

shall be greater than 90 degrees when 

determined according to the sidewall 

angle determination, § 1243.5(i). 

§ 1243.5 Test methods. 

(a) Test conditions. Condition the 

product for 48 hours at 23 °C ±2 °C 

(73.4 °F ±3.6 °F) and a relative humidity 

of 50% ±5%. 

(b) Permanence of labels and 

warnings. (1) A paper label (excluding 

labels attached by a seam) shall be 

considered permanent if, during an 

attempt to remove it without the aid of 

tools or solvents, it cannot be removed, 

it tears into pieces upon removal, or 

such action damages the surface to 

which it is attached. 

(2) A non-paper label (excluding 

labels attached by a seam) shall be 

considered permanent if, during an 

attempt to remove it without the aid of 

tools or solvents, it cannot be removed 

or such action damages the surface to 

which it is attached. 

(3) A warning label attached by a 

seam shall be considered permanent if 

it does not detach when subjected to a 

15-lbs (67–N) pull force applied in any 

direction using a 3 4-inch diameter 

clamp surface. 

(4) Adhesion test for warnings applied 

directly onto the surface of the product. 

(i) Apply the tape test defined in Test 

Method B, Cross-Cut Tape Test of 

ASTM D3359 (incorporated by 

reference, see § 1243.8), eliminating 

parallel cuts. 

(ii) Perform this test once in each 

different location where warnings are 

applied. 

(iii) The warning statements will be 

considered permanent if the printing in 

the area tested is still legible and 

attached after being subjected to this 

test. 

(5) A non-paper label, during an 

attempt to remove it without the aid of 

tools or solvents, shall not be removed 

or shall not fit entirely within the small 

parts cylinder defined in 16 CFR part 

1501 if it can be removed. 

(c) Head entrapment test. For all 

applicable openings, rotate the small 

head probe (figure 2 to this paragraph 

(c)) to the orientation most likely to fail 

and gradually apply an outward force 

from the occupant lounging area of 25 

lbs (111 N). Apply the force to the probe 

in the direction most likely to fail 

within a period of 5 seconds and 

maintain it for an additional 10 seconds. 

If the small head probe can pass entirely 

through the opening in any orientation, 

determine if the large head probe (figure 

3 to this paragraph (c)) can be freely 

inserted through the opening. 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP16JA24.018</GPH>

1-2 in. 

R.eoommended Length 

3-in. Hemispherical 

Surface., 

Smooth Rnish 
2546 Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules 

Figure 2 to Paragraph (c)—Small Head 

Probe 

Figure 3 to Paragraph (c)—Large Head 

Probe 

(d) Maximum incline test. (1) 

Equipment shall include: 

(i) Digital protractor with accuracy +/ 

¥ 1 degree; 

(ii) Hinged weight gauge-newborn, 

requirements for part masses and 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP16JA24.019</GPH> EP16JA24.020</GPH>

fl r-_--___.l _LL_-_- _-:]l:~ 

4.11.ltl, ~- (11111 mm} f L -- i:: I• -::..--:-._--
Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules 2547 

assembly (figure 4 to this paragraph 

(d)(1)(ii)); 

BILLING CODE 6355–01–P 

Figure 4 to Paragraph (d)(ii)—Hinged 

Weight Gauge-Newborn, Requirements 

for Part Masses and Assembly 

(iii) Hinged weight gauge-newborn, 

requirements for part dimensions (figure 

5 to this paragraph (d)(1)(iii)); and 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP16JA24.021</GPH>

ITEM 

Assembly 3.378 ± .02 kg (7.447 ± .05 lb) 

1 Upper Plate 2.275 kg 289.8 cmA3 

(5.816 lb) (17.68 jnA3) 

2 Lower Plate 1.079 kg 137.4 cmA3 

(2.379 lb) (8385 cmA3) 

3 Pin 8.824 kg 3.03 cmAJ 

(8.053 lb) {0,185 jnA3) 

Note 1. Part mass is calculated as Volume divided by the density for 

mild steel of 7.85 g/cmA3 (0.283 lbs/inA3). 

1------(279.4 [11.00 in])---

---------(462.0 [18.19 in])---

□ 
2548 Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules 

Figure 5 to Paragraph (d)(1)(iii)— 

Hinged Weight Gauge–Newborn, 

Requirements for Part Dimensions 

BILLING CODE 6355–01–C 

(iv) A test base that is horizontal, flat, 

firm, and smooth. 

(2) If applicable, place the product in 

the manufacturer’s recommended 

highest seat back angle position 

intended for lounging. 

(3) If applicable, place the hinged 

weight gauge-newborn in the product 

and position the gauge with the hinge 

centered over the seat bight line and the 

upper plate of the gauge back. Place a 

digital protractor on the upper torso/ 

head area lengthwise and measure the 

incline angle. 

(4) Place the head/torso portion of the 

newborn hinged weight gauge on the 

product according to the manufacturer’s 

recommended use position with the seat 

portion of the gauge, depending on the 

product design, allowed to lay freely on 

the product or on the test base (figure 6 

to this paragraph (d)(4)). 

Figure 6 to Paragraph (d)(4)—Test 

Fixture Configuration To Measure 

Incline Angle on an Infant Support 

Cushion Product 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP16JA24.022</GPH>

2 

1 

tU[.ta in] Brealt·Eiml!S---------. 

All Around 

103,6 [4.08 in] 

R3.2[R.13ln1 

-tfltC 

R15J) [R.59 inJ 

-2 PLC 

3 

id(S.Js PresS Fit ••• n.10 r.soo 1111 

[,$]\IL,;:.;._·. ----.;.._. .;.._-·.;.._·.;.._-.;.._---, - . .;.._-.;.._-.;.._.;.._-.;.._·.;.._-~---t! I 

6;35 (;250 ~] 0.8 {.03 in] Break Edges l I i.86 [;270111] All Arouno 

61.0 [2.40 in] .~ 

ill 

213.9 [8.42 in] 

note 1 

56.0 [2.2(;) in] 

279.4 [U.,(!)t lh] 

9SJ}[3.18m] 

63.5[ .SO In] 

~--------1 

'-'---------(285.8 [11.25 In})--------, 
Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules 2549 

(5) Move and rotate the newborn 

hinged weight gauge the minimum 

amount necessary such that the head/ 

torso portion rests on an OSS that could 

foreseeably support an infant’s head, 

and place the head/torso portion of the 

gauge according to all situations that 

apply: 

(i) In tests on products with an OSS 

for the infant’s body, align the top edge 

of the head/torso portion of the gauge to 

coincide with a plumb line to the 

outermost edge of the OSS-head. 

(ii) In all tests, place the seat portion 

of the gauge on the test base, adjust the 

newborn gauge to the greatest incline 

angle in which the top edge of the gauge 

maintains contact with the top surface 

of the product. 

(6) If a product’s seating bight area 

prevents reasonable positioning of the 

head/torso portion to the outermost 

edge, then position the seat portion of 

the newborn hinged weight gauge as far 

forward as possible towards the 

outermost edge and allow the head/ 

torso portion of the gauge to rest on the 

product. 

(7) Place a digital protractor 

lengthwise on the head/torso portion of 

the gauge and measure the incline angle. 

(8) Remove the newborn gauge and 

determine the side height at the incline 

angle location, measured from the OSSbody or test base, as appropriate, to the 

top of the OSS-head. 

(9) Measure the incline angle at the 

manufacturer’s recommended use 

location(s), at feasible locations such as 

perpendicular to the recommended use 

location(s), and at least one location 

likely to fail in which the newborn 

gauge seat is supported on the test 

surface. 

(10) Determine the maximum incline 

angle from the incline angle 

measurements. 

(e) Firmness test setup. (1) Equipment 

shall include: 

(i) Force gauge with accuracy +/¥ 

0.05 N (0.01 lbs). 

(ii) Distance gauge with accuracy +/¥ 

0.01 inches (0.03 cm). 

(2) Align the axis of the three-inch 

head probe (figure 1 to paragraph (e)(1) 

of § 1243.4) with a force gauge and 

parallel to a distance measurement 

device or gauge. 

(3) Use a lead screw or similar device 

to control movement along a single 

direction. 

(4) Support the firmness fixture to a 

test base such that the head probe does 

not deflect more than 0.01 inches (0.025 

cm) under a 10.0 N (2.24 lbs) load 

applied in each orientation required in 

the test methods. 

(f) Occupant support surface firmness 

test method. Perform the following steps 

to determine the occupant support 

surface firmness of the product as 

received from the manufacturer. See 

figure 7 to this paragraph (f). 

(1) Orient the axis of the three-inch 

head probe perpendicular to the surface 

of the product at each test location that 

is oriented greater than five degrees 

relative to the test base or align the axis 

of the probe perpendicular to the test 

base (vertically) at each test location 

that is oriented equal to or less than five 

degrees to the test base. 

(2) The first test location shall be at 

the location of maximum thickness of 

the surface being tested, perpendicular 

to the test base. 

(3) Lay the product, with the occupant 

support surface facing up, on a test base 

that is horizontal, flat, firm, and smooth. 

(4) Prevent movement of the product 

in a manner that does not affect the 

force or deflection measurement of the 

product surface under test. Provide no 

additional support beneath the product. 

(5) Advance the probe into the 

product and set the deflection to 0.0 

inches when a force of 0.1 N (0.02 lbs) 

force is reached. 

(6) Continue to advance the head 

probe into the product at a rate not to 

exceed 0.1 inch per second and pause 

when the force exceeds 10.0 N (2.24 

lbs), or the deflection is equal to 1.00 

inches (2.54 cm). 

(7) Wait 30 seconds. If the deflection 

is less than 1.00 inches and the force is 

10.0 N or less, repeat the steps in 

paragraphs (f)(6) and (7) of this section. 

(8) Record the final force and 

deflection when the deflection has 

reached 1.00 inches or when the force 

has exceeded 10.0 N. 

(9) If the maximum thickness of the 

OSS is greater than 1.0 inches (2.54 cm), 

perform additional tests, space 

permitting, at the geometric center of 

the OSS, at four locations along the 

product’s longitudinal and lateral axes 

therefrom, 1.5 inches (3.8 cm) towards 

center from the intersection of the 

sidewall and OSS, and at one location 

most likely to fail. 

(10) Repeat the occupant support 

surface firmness tests on any other 

occupant support surface and in all 

intended and feasible configurations 

that could affect an occupant support 

surface, such as the folding or layering 

of parts of the product. 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP16JA24.023</GPH>

ASTM HINGED 

WEIGHT GAUGE 

-NEWBORN 

SEAT BIGHT 

LINE 

oss--~ 

SIDEWALL 
2550 Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules 

Figure 7 to Paragraph (f)—Test 

Configuration for Occupant Support 

Surface Firmness Test 

(g) Sidewall firmness test method. For 

sidewalls, perform the steps in 

paragraphs (f)(1) through (8) of this 

section to determine the sidewall 

firmness of the product as received from 

the manufacturer and then perform the 

following: 

(1) Perform a minimum of four 

additional tests, located at intervals not 

to exceed six inches along the entire top 

perimeter of the sidewall, starting from 

the maximum side height location, and 

at one additional location most likely to 

fail. 

(2) Repeat the sidewall firmness test 

in all the intended or feasible 

configurations that could affect the 

sidewall firmness, such as the folding or 

layering of parts of the product. 

(h) Intersection of sidewall and 

occupant support surface firmness. 

Perform the following steps to 

determine the intersection firmness of 

the product as received from the 

manufacturer (figure 8 to this paragraph 

(h)). 

(1) Orient the axis of the three-inch 

head probe perpendicular to the 

sidewall perimeter at an angle from 

horizontal that bisects the angle 

determined in sidewall angle 

determination with the axis directed at 

the intersection of the occupant support 

surface and the sidewall. 

(2) The first test location shall be at 

the location of maximum product 

thickness parallel to the test base. 

(3) Perform the steps in paragraphs 

(f)(3) through (8) of this section. 

(4) Perform a minimum of four 

additional tests, located at intervals not 

to exceed six inches along the entire 

inside perimeter of the intersection of 

the sidewall and OSS, and at one 

additional location most likely to fail. 

(5) Repeat the intersection of sidewall 

and occupant support surface firmness 

test in all the intended or feasible 

configurations that could affect the 

intersection firmness, such as the 

folding or layering of parts of the 

product. 

Figure 8 to Paragraph (h)—Test 

Configuration for Intersection of 

Sidewall and Occupant Support 

Surface Firmness 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP16JA24.024</GPH>

3•lN HEMISPHERICAL 

TEST PROBE 

OCCUPANT SUPPORT SURFACE 

TEST BASE 

10N 
Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules 2551 

(i) Sidewall angle determination. 

Perform the following steps to 

determine if the angle between the 

sidewall and OSS is 90 degrees or less, 

or to measure the angle above 90 

degrees. See figure 9 to this paragraph 

(i). 

(1) Orient the three-inch (7.62 cm) 

diameter hemispherical head probe 

vertically and place it over the OSS with 

the cylindrical surface of the probe 

tangent to the intersection of the 

sidewall and the OSS. Advance the 

probe into the product until a 

downward force of 10 N (2.2 lbs) force 

is reached. 

(2) After 30 seconds, determine 

whether the sidewall is in contact with 

the cylindrical side of the three-inch 

head probe. If the sidewall contacts the 

cylindrical part of the probe, the 

sidewall angle is equal to or less than 90 

degrees. 

(3) For sidewall angles greater than 90 

degrees, calculate the sidewall angle as 

90 degrees plus the measured angle 

between the cylindrical side of the 

three-inch head probe and the sidewall. 

(4) Determine a minimum of four 

sidewall angles at locations not to 

exceed six inch (15.2 cm) intervals 

along the intersection of the sidewall 

and OSS. 

(5) Measure the angle with a 

protractor or gauge placed to the depth 

of and in contact with the cylindrical 

side of the three-inch probe side and the 

sidewall. 

Figure 9 to Paragraph (i)—Test Fixture 

Configuration for Sidewall Angle 

Measurement 

(j) Seam strength test method. (1) 

Equipment shall include: 

(i) Clamps with 0.75 inches (1.9 cm) 

diameter clamping surfaces capable of 

holding fabric and with a means to 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP16JA24.025</GPH> EP16JA24.026</GPH>

10 N 

------+-:MN HEMISF'HERICAI. 

TI::ST PROBE 

OSIS 

----TEST BASE 

'------INTERSECTION 

SIDEWAlL/OSS 

.-----3-IN lffHlSl'l1ERlCAL 

T!ST PROllf: 

OS'S 

------INTERSECTION 

SIDEWAU/OSS 
2552 Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules 

attach a force gauge. See figure 10 to this 

paragraph (j)(1), or equivalent. 

(ii) A force gauge, accuracy +/¥0.5 

lbs (1.1 N). 

Figure 10 to Paragraph (j)(1)—Seam 

Clamp 

(2) Clamp the fabric of the infant 

support cushion on each side of the 

seam under test with the 0.75 inches 

clamping surfaces placed not less than 

0.5 inches (1.2 cm) from the seam. 

(3) Apply a tension of 15 lbs (67 N) 

evenly over five seconds and maintain 

for an additional 10 seconds. 

(4) Repeat the test on every distinct 

seam and every 12 inches (15 cm) along 

each seam. 

(k) Removal of components test 

method. (1) For torque and tension tests, 

any suitable device may be used to 

grasp the component that does not 

interfere with the attachment elements 

that are stressed during the tests. 

(2) Gradually apply a four lbs-inch 

(0.4 N-m) torque over five seconds in a 

clockwise rotation to 180 degrees or 

until four lbs-inch has been reached. 

Maintain for 10 seconds. Release and 

allow component to return to relaxed 

state. Repeat the torque test in a 

counterclockwise rotation. 

(3) For components that can 

reasonably be grasped between thumb 

and forefinger, or teeth, apply a 15 lbs 

(67 N) force over five seconds, in a 

direction to remove the component. 

Maintain for 10 seconds. A clamp such 

as shown in figure 11 to this paragraph 

(k)(3) may be used if the gap between 

the back of the component and the base 

material is 0.04 inches (0.1 cm) or more. 

Figure 11 to Paragraph (k)(3)—Tension 

Test Adapter Clamp 

§ 1243.6 Marking and labeling. 

(a) General markings. Each product 

and its retail package shall be marked or 

labeled clearly and legibly to indicate 

the following: 

(1) The name, place of business (city, 

state, and mailing address, including zip 

code), and telephone number of the 

manufacturer, distributor, or seller. 

(2) A code mark or other means that 

identifies the date (month and year as a 

minimum) of manufacture. 

(3) The marking or labeling in 

paragraphs (a)(1) and (2) of this section 

are not required on the retail package if 

they are on the product and are visible 

in their entirety through the retail 

package. When no retail packaging is 

used to enclose the product, the 

information provided on the product 

shall be used for determining 

compliance with paragraphs (a)(1) and 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP16JA24.027</GPH> EP16JA24.028</GPH>

0 
Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules 2553 

(2) of this section. Cartons and other 

materials used exclusively for shipping 

the product are not considered retail 

packaging. 

(b) Permanency. The marking and 

labeling on the product shall be 

permanent. 

(c) Upholstery labeling. Any 

upholstery labeling required by law 

shall not be used to meet the 

requirements of this section. 

(d) Warning design for product. (1) 

The warnings shall be easy to read and 

understand and be in the English 

language at a minimum. 

(2) Any marking or labeling provided 

in addition to those required by this 

section shall not contradict or confuse 

the meaning of the required information 

or be otherwise misleading to the 

consumer. 

(3) The warnings shall be conspicuous 

and permanent. 

(4) The warnings shall conform to 

ANSI Z535.4–2011 (incorporated by 

reference, see § 1243.8) sections 6.1–6.4, 

7.2–7.6.3, and 8.1, with the following 

changes. 

(i) In sections 6.2.2, 7.3, 7.5, and 8.1.2, 

replace ‘‘should’’ with ‘‘shall.’’ 

(ii) In section 7.6.3, replace ‘‘should 

(when feasible)’’ with ‘‘shall.’’ 

(iii) Strike the word ‘‘safety’’ when 

used immediately before a color (for 

example, replace ‘‘safety white’’ with 

‘‘white’’). 

Note 1 to paragraph (d)(4)(iii): For 

reference, ANSI Z535.1, American National 

Standard for Safety Colors, provides a system 

for specifying safety colors. 

(5) The safety alert symbol and the 

signal word ‘‘WARNING’’ shall be at 

least 0.2 inches (five mm) high. The 

remainder of the text shall be in 

characters whose upper case shall be at 

least 0.1 inches (2.5 mm), except where 

otherwise specified. 

Note 2 to paragraph (d)(5): For improved 

warning readability, typefaces with large 

height-to-width ratios, which are commonly 

identified as ‘‘condensed,’’ ‘‘compressed,’’ 

‘‘narrow,’’ or similar should be avoided. 

(6) The message panel text should 

have the following layout: 

(i) The text shall be left-aligned, 

ragged-right for all but one-line text 

messages, which can be left-aligned or 

centered. See figure 1 to this paragraph 

(d)(6) for examples of left-aligned text. 

Figure 1 to Paragraph (d)(6)—Examples 

of Left-Aligned Text 

The text shown for these warnings is 

filler text, known as lorem ipsum, 

commonly used to demonstrate graphic 

elements. 

Note 3 to paragraph (d)(6)(i): Left-aligned 

means that the text is aligned along the left 

margin, and in the case of multiple columns 

of text, along the left side of each individual 

column. 

(ii) The text in each column should be 

arranged in list or outline format, with 

precautionary (hazard avoidance) 

statements preceded by bullet points. 

Multiple precautionary statements shall 

be separated by bullet points if 

paragraph formatting is used. 

(7) An example warning in the format 

described in this section is shown in 

figure 2 to this paragraph (d)(7). 

Figure 2 to Paragraph (d)(7)—Example 

of Warning 


ddrumheller on DSK120RN23PROD with PROPOSALS1EP16JA24.029</GPH>

The text shown for these warnings is filler text, known as lorem ipsum, 

commonly used to demonstrate graphic elements . 

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2554 Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules 

(e) Warning statements. Each product 

shall address the warning statements 

shown on figure 13 to paragraph (d)(7) 

of this section, at a minimum. 

Note 4 to paragraph (e): ‘‘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. 

§ 1243.7 Instructional literature. 

(a) Instructions shall be provided with 

the product and shall be easy to read 

and understand and shall be in the 

English language at a minimum. These 

instructions shall include information 

on assembly, maintenance, cleaning, 

and use, where applicable. 

(b) The instructions shall address the 

following additional warnings: 

(1) Read all instructions before using 

this product. 

(2) Keep instructions for future use. 

(3) Do not use this this product if it 

is damaged or broken. 

(4) Instructions shall indicate the 

manufacturer’s recommended maximum 

weight, height, age, developmental 

level, or combination thereof, of the 

occupant for which the infant support 

cushion is intended. If this product is 

not intended for use by a child for a 

specific reason, the instructions shall 

state this limitation. 

(c) The cautions and warnings in the 

instructions shall meet the requirements 

specified in § 1243.6(d)(4) though (6), 

except that sections 6.4 and 7.2–7.6.3 of 

ANSI Z535.4—2011 need not be 

applied. However, the signal word and 

safety alert symbol shall contrast with 

the background of the signal word 

panel, and the cautions and warnings 

shall contrast with the background of 

the instructional literature. 

Note 1 to paragraph (c): For example, the 

signal word, safety alert symbol, and the 

warnings may be black letters on a white 

background, white letters on a black 

background, navy blue letters on an off-white 

background, or some other high-contrast 

combination. 

(d) Any instructions provided in 

addition to those required by this 

section shall not contradict or confuse 

the meaning of the required information 

or be otherwise misleading to the 

consumer. 

§ 1243.8 Incorporation by reference. 

Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. All approved incorporation 

by reference (IBR) 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; phone 

(301) 504–7479; email: cpsc-os@

cpsc.gov. For information on the 

availability of this material at NARA, 

visit www.archives.gov/federal-register/ 

cfr/ibr-locations or email fr.inspection@

nara.gov. The material may be obtained 

from the following sources: 

(a) American National Standards 

Institute (ANSI), 25 West 43rd Street, 

4th Floor, New York, NY 10036, USA; 

phone: (212) 642–4900; website: 

www.ansi.org (https://ibr.ansi.org/ 

Standards/nema.aspx). 

(1) ANSI Z535.4–2011, American 

National Standard for Product Safety 

Signs and Labels, approved October 20, 

2017; approved for § 1243.6. 

(2) [Reserved] 

(b) ASTM International, 100 Barr 

Harbor Drive, P.O. Box CB700, West 

Conshohocken, Pennsylvania 19428– 

2959; phone: (800) 262–1373; website: 

www.astm.org. 

(1) ASTM D3359–23, Standard Test 

Methods for Rating Adhesion by Tape 

Test, approved [TBD]; approved for 

§ 1243.5. 

(2) [Reserved] 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2023–27324 Filed 1–12–24; 8:45 am] 

BILLING CODE 6355–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 23 

RIN 3038–AF33 

Capital and Financial Reporting 

Requirements for Swap Dealers and 

Major Swap Participants 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’ or 


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