Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations 87467 

1 Due to reporting delays, fatality data reported to 

the CPSC is not considered complete until three 

years later; thus, the 2021 fatality data were not yet 

considered complete when the analysis was 

conducted in 2023. 

2An 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 rule or to the final rule for nursing pillows. 

89 FR 85388 (October 25, 2024). 

3CPSC formally began the consultation process 

for this rulemaking in December 2021, via a letter 

from 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. Staff has been actively 

participating in both ASTM subcommittees to 

develop voluntary standards that address hazards 

associated with these products. 

43°22′14′′ N, long. 72°22′′6 W) for 

Claremont Municipal Airport contained 

a typographical error. This action 

corrects the error by correcting the 

coordinates (lat. 43°22′14′′ N, long. 

72°22′06′′ W) for Claremont Municipal 

Airport. 

Correction to the Final Rule 

Pursuant to the authority delegated to 

me, the amendment of Class E airspace 

extending upward from 700 feet above 

the surface for Claremont Municipal 

Airport, Claremont, NH, in Docket No. 

FAA–2024–1650, as published in the 

Federal Register on October 3, 2024 (89 

FR 80382), is corrected as follows: 

§ 71.1 [Corrected] 

■ On page 80383, in the first column, 

replace the Claremont Municipal 

Airport coordinates (Lat. 43°22′14′′ N, 

long. 72°22′′6 W) with the corrected 

coordinates (lat. 43°22′14′′ N, long. 

72°22′06′′ W). 

Issued in College Park, Georgia, on October 

28, 2024. 

Patrick Young, 

Manager, Airspace & Procedures Team North, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2024–25456 Filed 11–1–24; 8:45 am] 

BILLING CODE 4910–13–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: Final rule. 

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 

authority, the Commission is issuing a 

safety standard for infant support 

cushions. The Commission is also 

amending CPSC’s consumer registration 

requirements to identify infant support 

cushions as durable infant or toddler 

products and amending CPSC’s list of 

notices of requirements (NORs) to 

include infant support cushions. 

DATES: The rule is effective on May 5, 

2025. The incorporation by reference of 

the publication listed in this rule is 

approved by the Director of the Federal 

Register as of May 5, 2025. 

FOR FURTHER INFORMATION CONTACT: Will 

Cusey, Small Business Ombudsman, 

U.S. Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814; telephone (301) 

504–7945 or (888) 531–9070; email: 

sbo@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Statutory Authority 

A. Background 

Infant support cushions are filled 

with or comprised of resilient material 

such as foam, fibrous batting, or 

granular material or with a gel, liquid, 

or gas, and are 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. CPSC is aware of at 

least 79 reported fatalities involving 

infant support cushions from January 1, 

2010, through December 31, 2022, as 

well as 124 nonfatal incidents or reports 

involving these products within the 

same time period. There were 17 deaths 

in 2020, and a minimum of 17 more in 

2021.1 More than 80 percent of the 

known fatalities associated with these 

products involve infants three months 

old or younger. In more than 60 percent 

of the fatalities, the official cause of 

death was asphyxia or probable 

asphyxia. These incidents typically 

involved the 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 

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 a threat of asphyxia 

or entrapment. 

In 1992, pursuant to 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. 

See 16 CFR 1500.18(a)(16). This final 

rule for infant support cushions does 

not change the existing 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 rule and are 

required to comply with the 

performance and labeling requirements 

of this rule.2

B. Statutory Authority 

Section 104(b)(1)(A) 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. See 15 U.S.C. 2056a(b)(1)(A). 

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. See 15 U.S.C. 2056a(b)(2). 

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.3 However, currently no 

voluntary or mandatory safety standard 

for infant support cushions exists to 


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87468 Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations 

4Erin M. Mannen et al; Consumer Prod. Safety 

Comm’n. Pillows Product Characterization and 

Testing (2022). www.cpsc.gov/content/PillowsProduct-Characterization-and-Testing. 

5On October 16, 2024, the Commission voted (5– 

0) to publish this final rule with changes. Chair 

Hoehn-Saric issued a statement in connection with 

his vote, available at: www.cpsc.gov/About-CPSC/ 

Chairman/Alexander-Hoehn-Saric/Statement/ 

Statement-of-Chair-Alexander-Hoehn-Saric-onCommission-Approval-of-a-Final-Rule-Establishinga-Safety-Standard-for-Infant-Support-Cushions. 

6Airways occlusion means to block the passage 

of air from the nose and mouth into the lungs, so 

that inhaled air cannot reach the lungs. In this case, 

the airway occlusion is caused by a soft product 

that covers the nose and mouth. Once an infant’s 

airflow is compromised, decreased levels of oxygen 

in the blood can further impair the ability of the 

infant to respond to the situation. If an infant 

cannot respond, a feedback loop of decreased heart 

and respiration rate develops that can eventually 

lead to cessation of breathing and may become fatal 

if uninterrupted. 

address the hazards posed by these 

products. 

Infant support cushions are durable 

infant or toddler products 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. See 

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 during which they are 

often used by multiple children 

successively; are similar to other soft 

durable infant and children’s products 

such as crib mattresses and sling 

carriers (which the Commission has 

issued rules for under section 104); are 

resold and widely available on 

secondary marketplaces; 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 final rule 

amends 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 

must also comply with the 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 final rule is a children’s 

product safety rule that requires 

issuance of an NOR. 

C. Notice of Proposed Rulemaking 

(NPR) 

On January 16, 2024, the Commission 

published an NPR under section 104 of 

the CPSIA that proposed a mandatory 

consumer product safety standard for 

infant support cushions to address the 

risk of death and injury associated with 

these products. 89 FR 2530. The 

proposed rule addressed the suffocation, 

entrapment, and fall hazards associated 

with infant support cushions by 

including performance, testing, labeling, 

and instructional literature 

requirements. The proposed 

requirements in the NPR were based on 

staff’s analysis of the hazards presented 

by infant support cushions as well as 

incident, injury and fatality data. The 

proposed requirements also considered 

the recommendations in the June 30, 

2022, Pillows Product Characterization 

and Testing, Boise State University 

Report (BSU Final Report).4 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. The BSU Final Report 

provided recommendations and 

conclusions related to the performance 

and design of infant support cushions, 

including recommendations regarding 

firmness testing, airflow testing, and 

sagittal-plane testing. Tab C of Staff’s 

NPR Briefing Package summarizes how 

the requirements of the NPR relate to 

the conclusions and recommendations 

of the BSU Final Report. The 

Commission received 18 comments in 

response to the NPR. 

On April 23, 2024, CPSC published a 

notice of availability (NOA) in the 

Federal Register that announced the 

availability of the incident data relied 

upon for the infant support cushions 

NPR and sought comments from the 

public. 89 FR 30295. The Commission 

received one comment in response to 

the NOA. 

D. Final Rule Overview 

Pursuant to section 104 of the CPSIA, 

15 U.S.C. 2056a, the Commission is 

issuing a mandatory standard for infant 

support cushions based on the proposed 

requirements in the NPR, with certain 

modifications in response to public 

comments, which are discussed in 

detail in Sections VI and VII of the 

preamble.5 The final 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 definition includes any 

removable covers, or slipcovers, sold on 

or together with an infant support 

cushion. 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. The final rule 

addresses the risk of death and injury 

associated with infant support cushions 

primarily due to suffocation, 

entrapment, and fall hazards. It 

addresses 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,6 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 final rule 

sets 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 

unsupervised infants. Finally, the final 

rule requires a strongly worded, 

conspicuous, and permanent on-product 

warning label. 

Based on comments received on the 

NPR, the following changes have been 

made in the final rule: 

• For clarity, the definition of infant 

lounger in § 1243.2 has been revised to 

change the term infant product to infant 

support cushion. 

• For clarity, the definition of infant 

support cushion in § 1243.2. has been 

revised to add the sentence ‘‘This 

definition includes any removable 

covers, or slipcovers, sold on or together 

with an infant support cushion’’ at the 

end of the definition. 

• To avoid ambiguity, a new 

definition of the term sidewall has been 

added in § 1243.2 which is defined as 

any wall at the edge of the occupant 

support surface. 


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Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations 87469 

7Rachel Y. Moon, Rebecca F. Carlin, Ivan Hand, 

The Task Force On Sudden Infant Death Syndrome 

And The Committee On Fetus And Newborn, 150(1) 

American Academy of Pediatrics: Evidence Base for 

2022 Updated Recommendations for a Safe Infant 

Sleeping Environment to Reduce the Risk of SleepRelated Infant Deaths (2022). 

8Staff’s NPR Briefing Package, available at: 

www.cpsc.gov/s3fs-public/Briefing-Package-Noticeof-Proposed-Rulemaking-Safety-Standard-forInfant-SupportCushions.pdf?VersionId=rA60lesWHddS1.wrk_

EvV00xeX75dsFc. 

9Staff’s NPR Briefing Package, available at: 

www.cpsc.gov/s3fs-public/Briefing-Package-NoticeContinued 

• For accuracy and consistency, a 

reference to infant pillow in § 1243.3(d) 

has been changed to infant support 

cushion. 

• The final rule removes proposed 

§ 1243.3(e) regarding side height as this 

requirement is redundant with the 

maximum incline angle limits in the 

rule. The final rule renumbers the 

paragraphs following proposed 

§ 1243.3(e) to reflect this change. The 

rule also removes the corresponding test 

in § 1243.5(d)(8) for consistency. To 

reflect this change, all numbers after 

§ 1243.5(d)(7) have been renumbered in 

the final rule. 

• The performance requirements in 

§ 1243.4(e)(2) and (3) and (f) as well as 

the corresponding test methods in 

§§ 1243.5(g) and 1243.4(h) and (i) have 

been revised to clarify that the 

performance requirements and test 

methods apply only to products that 

contain a sidewall with language 

stating, for products with a sidewall. 

• The test method in § 1243.5(f) has 

been clarified to explain that products 

sold with a slipcover on or together with 

the product are to be tested as 

assembled, with the slipcover on the 

product. The test method in § 1243.5(f) 

has also been clarified to explain that all 

products, including products one inch 

or less in thickness, shall be tested. 

• Figure 2 (for products without a 

tummy time feature) to paragraph (d)(7) 

in § 1243.6 has been revised and a new 

figure 3 (for products with a tummy 

time feature) has been added to reflect 

changes in warning content made in 

response to public comments. These 

changes include adding a statement to 

address prone use during tummy time, 

removing references to ‘‘an awake 

baby,’’ separating the sleep and 

suffocating-relating warning content to 

provide clarity, adding a warning to 

address soft bedding both in and outside 

of the product, and deleting some of the 

statements to reduce length and increase 

clarity. Additionally, § 1243.6(d)(7) 

clarifies that all infant support cushions 

are required to contain a warning with 

the content and format depicted in this 

section as figure 2 (for products without 

tummy time) or figure 3 (if the product 

has a tummy time feature) to paragraph 

(d)(7), as applicable. 

• Section 1243.6(e) has been revised 

to clarify that slipcovers sold on or 

together with the product shall contain 

the warning statement shown in figures 

2 and 3 to paragraph (d)(7), as 

applicable. 

II. The Product Category 

A. Infant Support Cushions 

Infant support cushions are products 

that support an infant for lounging, 

meaning reclining in a supine, prone, or 

recumbent position. Infant products 

within this category may or may not 

have perimeter sidewalls. Most infant 

support cushions currently on the 

market 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 

other institutions, 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.7

Illustrative pictures of infant support 

cushions can be found in Tab C of 

Staff’s NPR Briefing Package.8 A nonexhaustive 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 as medical devices by the 

Food and Drug Administration (FDA); 

• 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 must meet 

the requirements of the rule. However, 

to avoid potentially duplicative or 

conflicting obligations, the scope of 

products that would be subject to this 

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). 

The following products are NOT 

infant support cushions within the 

scope of this rule: 

• pillows not marketed, designed, or 

intended for use by infants, such as 

adult bed and throw pillows; 

• nursing pillows if subject to the 

Commission’s final rule for nursing 

pillows (89 FR 85388 (October 25, 

2024)), unless they are also marketed for 

lounging; 

• crib and play yard mattresses that 

are regulated under the play yard 

standard (16 CFR part 1221) and crib 

mattress standard (16 CFR part 1241); 

• purely decorative nursery pillows, 

such as those personalized with a baby’s 

name and birthdate, that are not 

marketed, designed, or intended for 

infant use; 

• stuffed toys (unless they meet the 

definition of an infant support cushion 

in this 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; 

• padded seat liners and inserts for a 

rocker, stroller, car seat, infant carrier, 

swing, highchair, or bouncer that are 

sold separately by the manufacturer as 

a replacement part and specifically 

designed to fit that product; and 

• sleeping accommodations that 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 

general online retailers, online sites for 

‘‘big box’’ stores, online baby products 

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

support cushions, particularly crib 

pillows and baby loungers, are also 

available from brick-and-mortar baby 

specialty stores and general retail stores. 

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 use 

while an infant sleeps. Several thousand 

manufacturers and importers, including 

hundreds of handcrafters and direct 

foreign shippers, supply infant support 

cushions to the U.S. market. See Tab E 

of Staff’s NPR Briefing Package.9


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87470 Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations 

of-Proposed-Rulemaking-Safety-Standard-forInfant-SupportCushions.pdf?VersionId=rA60lesWHddS1.wrk_

EvV00xeX75dsFc. 10CPSRMS 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. 

11NEISS 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 

www.cpsc.gov/Research—Statistics/NEISS-InjuryData. 

12The NPR listed 125 nonfatal incidents, but one 

of those incidents was a duplicate. 

13Staff’s NPR Briefing Package, available at: 

www.cpsc.gov/s3fs-public/Briefing-Package-Noticeof-Proposed-Rulemaking-Safety-Standard-forInfant-SupportCushions.pdf?VersionId=rA60lesWHddS1.wrk_

EvV00xeX75dsFc. 

14Notice of Availability and Request for 

Comment: Data Regarding Incidents Associated 

With Infant Support Cushions, 89 FR 30295 (April 

23, 2024), available at: www.federalregister.gov/d/ 

2024–08605. 

15See Tab B of Staff’s NPR Briefing Package, 

available at: www.cpsc.gov/s3fs-public/BriefingPackage-Notice-of-Proposed-Rulemaking-SafetyStandard-for-Infant-Support-Cushions.pdf?

VersionId=rA60lesWHddS1.wrk_EvV00xeX75dsFc. 

This ASTM standard is still in draft form and has 

not completed the full consensus process to become 

an approved standard, and thus the draft standard 

is subject to change. 

16CPSC Staff Comment to Ballot ASTM F15.21 on 

Infant Loungers, available at: www.cpsc.gov/s3fspublic/CPSCStaffCommenttoBallot

ASTMF1521onInfantLoungers.pdf?VersionId

=tGM05rvyA6WCUzQxHFCDkVHVxRLbtQLv. 

17CPSC Staff Comment to Ballot ASTM F15.21 on 

Infant Loungers, available at: www.cpsc.gov/s3fspublic/staff-comment-to-ballot-ASTM–F15–21-oninfant-loungers.pdf?VersionId=oMjqKOhKBI0lEWiQ

liiCJ3u3OP2XcB7n. 

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

use after an infant outgrows the product. 

For example, in June 2023, 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. Similar listings were 

identified on eBay. 

III. Incident Data and Hazard Patterns 

Staff searched the Consumer Product 

Safety Risk Management System 

(CPSRMS) 10 and National Electronic 

Injury Surveillance System (NEISS) 11

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. Staff identified 79 fatal 

incidents and 124 nonfatal incidents 

and consumer concerns reported to 

CPSC from 2010–2022. Of the 124 12

non-fatal reports, 22 consisted of 

emergency-department-treated injuries, 

three involved hospital admissions, 45 

involved no injury, and for 54 the 

disposition was either unknown or 

unspecified. The incident data and 

hazard patterns cited in support of the 

NPR support this final rule and are 

unchanged from the NPR. For further 

discussion of the incident data and 

hazard patterns, see the NPR and Tab A 

of Staff’s NPR Briefing Package, which 

describe the incident and hazard 

patterns associated with infant support 

cushions,13 and the NOA, which 

describes the incident data and hazard 

patterns relied on for the rulemaking.14

IV. International and Voluntary 

Standards for Infant Support Cushions 

A. International Standards for Infant 

Support Cushions 

The Commission is aware of two 

British standards that contain 

performance requirements addressing 

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. Under 

that standard, 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. The 

proportional approach used in this 

standard allows thicker pillows to have 

a greater displacement than thinner 

pillows, which staff assesses 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 airway. 

B. ASTM Voluntary Standards Work 

Currently, there are no published U.S. 

voluntary standards for infant support 

cushions. ASTM is working on a 

voluntary standard for infant loungers 

under the Subcommittee F15.21 on 

Infant Carriers, Bouncers, and Baby 

Swings.15 On March 25, 2024, ASTM 

issued ballot F15.21 (24–01), which 

included the latest draft of the infant 

lounger’s voluntary standard. The ballot 

closed on April 29, 2024, and received 

eight negative votes and other 

comments including a comment from 

staff.16 On September 16, 2024, ASTM 

issued ballot F15 (24–18), Item #1 

which addressed the negative comments 

and other comments on the draft 

standard for infant loungers included in 

ballot F15 (24–01). That ballot closed on 

October 16, 2024.17

In the ASTM draft voluntary standard, 

infant loungers would be products 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, but are not 

intended or marketed for sleep. The 

draft definition would apply to only a 

subset of the products covered by this 

rule, which includes infant positioners, 

nursing pillows with dual use for 

lounging, infant cushions, and other 

infant pillow-like products, as well as 

the infant loungers being considered by 

the ASTM draft standard. ASTM’s draft 

voluntary standard for infant loungers 

includes general requirements typically 

found in other ASTM juvenile product 

standards, such as requirements 

addressing lead content, small parts, 

hazardous sharp edges or points, 

resistance to collapse and disassembly, 

openings, protective components, 

permanency of labels and warnings, and 

toy accessories that are attached to, 

removable from, or sold with the 

products. The ASTM draft standard also 

specifies that if the lounger can be 

converted to another product, it shall 

comply with the applicable 

requirements of the converted product’s 

standard. The general requirements of 

the ASTM draft infant lounger standard 

also state that the sidewall height of the 


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Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations 87471 

18ASTM F15.21 Infant Loungers Scope Task 

Group—MeetingLog, available at: www.cpsc.gov/ 

content/ASTM–F1521-Infant-Loungers-Scope-TaskGroup-Meeting%E2%80%AFLog-1. 

19Staff’s NPR Briefing Package available at: 

www.cpsc.gov/s3fs-public/Briefing-Package-Noticeof-Proposed-Rulemaking-Safety-Standard-for-Infant

-Support-Cushions.pdf?VersionId=

rA60lesWHddS1.wrk_EvV00xeX75dsFc. 

product shall be less than two inches on 

both the interior and exterior sides of 

the sidewall when measured according 

to the sidewall height measurement test 

method specified in the draft standard. 

The ASTM draft voluntary standard 

includes performance requirements that 

address stability, restraints, occupant 

support surface angle, fabric/mesh 

integrity, bounded openings, occupant 

support surface firmness, sidewall 

firmness, side angle measurements, and 

deflection at the occupant support 

surface and sidewall intersection. 

Finally, the ASTM draft voluntary 

standard for loungers also includes 

marking, labeling, and instructional 

literature requirements, such as warning 

the consumer 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. 

As previously noted, the ASTM draft 

standard for infant loungers primarily 

differs from the final rule regarding the 

scope of products subject to the 

standard. Specifically, the final rule 

includes all types of infant support 

cushions such as infant positioners, 

infant loungers, and other types of 

infant mats and pads, while the scope 

of the ASTM draft standard would 

apply only to infant loungers. Given that 

the ASTM draft standard for loungers 

has not been finalized and published 

and would not cover the same scope of 

products as the final rule, the 

Commission finds that no voluntary 

standard currently exists or will likely 

exist in the foreseeable future that 

would adequately address the hazards 

presented by infant support cushions. 

This rule is required under section 104 

of the CPSIA to address the identified 

hazards presented by infant support 

cushions. 15 U.S.C. 2056a. 

VI. Response to Public Comments 

CPSC received 18 public comments 

during the NPR comment period, and 

one comment during the NOA comment 

period. The comments are available on: 

www.regulations.gov, by searching 

under docket number CPSC–2023–0047. 

This section describes the significant 

issues raised in the comments and 

CPSC’s responses to them. 

A. Scope of the Final Rule 

Comment: The Boppy Company, LLC 

(Boppy), Best Practice Quality LLC 

(BPQ), Heroes Technology (US) LLC d/ 

b/a Snuggle Me Organic (Heroes 

Technology), and Juvenile Products 

Manufacturers Association (JPMA) 

object to the broad scope of the 

proposed rule and argue that the 

proposed rule does not take into 

consideration that it is difficult to 

develop specific standards because of 

the wide range of infant support 

cushion designs. 

Response: We disagree that 

performance requirements and warning 

and labeling requirements for a wide 

range of infant support cushions cannot 

be comprehensively developed to 

mitigate the hazards posed to infants 

from infant support cushions. Although 

infant support cushions include many 

different types of products, incident 

data relied upon to support the rule 

indicate that infants are at risk from falls 

and suffocations, and that the hazard 

patterns are similar for all types of 

infant support cushions. As indicated in 

the incident data, caregivers use infant 

support cushions, which are not 

intended for sleep, in infant sleep 

settings and infants tend to fall asleep 

in these products. Thus, it is reasonably 

foreseeable that caregivers will use 

infant support cushions in infant sleep 

settings, which poses a suffocation 

hazard. Therefore, the performance 

requirements and warnings in the rule 

are designed to reduce the fall and 

suffocation hazards that these products 

pose. 

Comment: JPMA argues that a rule for 

infant support cushions is unnecessary 

because CPSC has a safety standard for 

infant sleep products, codified at 16 

CFR part 1236, addressing infant 

support cushions that are primarily 

intended or marketed for sleep. 

Response: The scope of this rule 

includes products that are not subject to 

the infant sleep products rule, but that 

still present a risk of injury or death to 

infants. Infant support cushions do not 

meet the definition of infant sleep 

products because they are not marketed 

or intended to provide sleeping 

accommodations. Therefore, this rule is 

necessary to addresses the hazards 

posed by infant support cushions 

because the infant sleep products rule 

does not apply to infant support 

cushions. 

1. Scope Age 

Comment: BPQ asserts that the inscope age range in the rule should be 

changed to align with the ASTM 

Lounger standard in development, 

which BPQ states covers infants 0–6 

months. 

Response: Since publication of the 

NPR, the ASTM F15.21 Infant Loungers 

Scope Task Group changed the scope of 

its draft safety standard to include 

infants up to 12 months of age.18

Incident data, as outlined in the 

incident data and hazard pattern section 

of the NPR and Tab A of Staff’s NPR 

Briefing Package,19 indicate that 

incidents associated with infant support 

cushions occur with infants up to 12 

months old (i.e., 365 days). Based on the 

incident data and hazard pattern 

analysis, the performance requirements 

and warnings were developed to 

mitigate the hazards associated with 

infant support cushions for infants up to 

12 months old. The Commission 

declines to limit the scope of the final 

rule with a specific age limitation. The 

Commission’s approach mitigates the 

hazards associated with infant support 

cushions for all infants, regardless of 

age, and discourages manufacturers 

from making age-based marketing 

claims specifically to attempt to remove 

their products from being subject to the 

rule. 

2. Tummy Time Pillows 

Comment: BPQ, the Toy Association 

(TA), Boppy, and Graco Children’s 

Products Inc (Graco) argue that the rule 

should exempt tummy time pillows. 

Response: We disagree that tummy 

time pillows should be exempted from 

the rule. Tummy time pillows, which 

are pillow products on which infants 

may be propped, present the same 

suffocation and fall hazards as other 

types of infant support cushions, as 

indicated in the incident data discussed 

above. Infants can suffocate when 

tummy time pillows conform to an 

infant’s face and occlude the airways; 

further, infants can roll from a tummy 

time pillow, creating a fall risk if the 

tummy time pillow is placed on an 

elevated surface. Therefore, tummy time 

pillows are subject to the requirements 

of the rule because allowing an 

exemption for tummy time pillows 

would allow those products to present 

the same suffocation and fall hazards to 

infants that this rule is intended to 

address. We note that AAP and National 

Institute of Child Health and Human 

Development (NICHD), while endorsing 

tummy time, do not specifically 


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87472 Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations 

20Benefits of Tummy Time | Safe to Sleep®

(nih.gov), available at: https://safetosleep.

nichd.nih.gov/reduce-risk/tummytime#:∼:text=Babies%20benefit%20from%

20having%20two,of%20total%20tummy%20time%

20daily . 

21American Academy of Pediatrics (2017). Back 

to sleep, tummy to play. Retrieved August 28, 2018, 

from www.healthychildren.org/English/ages-stages/ 

baby/sleep/Pages/Back-to-Sleep-Tummy-toPlay.aspx. 

recommend tummy time pillows for that 

activity.20 21

3. Dual Use Products 

Comment: AAP supports the scope of 

the proposed rule and specifically 

asserts that dual use products marketed 

for both nursing and lounging should be 

within the scope of the rule. BPQ and 

Boppy state that the rule should exempt 

dual use products. Boppy asserts that 

there are distinct differences between 

nursing pillows and infant support 

cushions; it further states that the intent 

of the nursing pillows rule is to limit 

nursing pillow use to solely breast 

feeding and bottle feeding, obviating the 

need to cover nursing pillows of any 

type, including dual use, in this rule. 

BPQ further argues that because the 

draft ASTM nursing pillows standard, at 

the time of the comment, specifically 

states that nursing pillows may not be 

marketed for multipurpose use, nursing 

pillows should be exempt from this rule 

even if they otherwise would meet the 

definition of an infant lounger. 

Response: We disagree that the rule 

should exempt dual use products 

marketed for both nursing and lounging. 

A nursing pillow that is also marketed 

for lounging is an infant support 

cushion subject to this rule. The new 

nursing pillow standard, ASTM F3669– 

24, published on September 10, 2024, 

specifies that if a nursing pillow can be 

converted into another product or has 

use features for which a consumer safety 

specification exists, the product shall 

comply with the requirements of all 

applicable voluntary standards. On 

October 25, 2024, the Commission final 

rule for nursing pillows published (89 

FR 85388), which does not have a 

requirement for convertible products. 

Nursing pillows that meet the definition 

of infant lounger in § 1243.2 must also 

meet the requirements of this rule 

because the two rules are intended to 

address different hazard patterns. While 

the nursing pillow performance 

requirements and warnings discourage 

lounging, the infant support cushion 

rule requirements are intended to 

mitigate suffocation hazard while 

lounging. It is common for multiple 

CPSC mandatory safety regulations to 

apply to a single children’s product, 

such as the existing regulations for 

small parts, phthalates, and lead 

content. 

Comment: BPQ recommends the 

following statement should be added to 

the rule: If the infant lounger can be 

converted into another product for 

which a consumer safety specification 

exists, the product shall comply with 

the applicable requirements of that 

standard. 

Response: The commenter’s requested 

statement is unnecessary because 

§ 1243.3(g) of the rule regarding 

convertible products already states that 

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. 

4. Playmats 

Comments: Bureau Veritas (BV) 

requests clarification regarding whether 

playmats are intended to be classified as 

infant support cushions. Dorel Juvenile 

Group, Inc. asserts that playmat 

products subject to the requirements for 

toys in ASTM F963 and 16 CFR part 

1250 and whose base ‘‘pad or mat’’ is a 

flat layer no greater than one inch in 

thickness should be exempt from the 

rule. TA and Graco also assert that 

playmats that are subject to ASTM F963 

and 16 CFR part 1250 should be exempt 

from the rule. 

Response: We disagree that the rule 

should exempt playmats. While 

playmats must meet the requirements of 

ASTM F963 and 16 CFR part 1250, 

those requirements do not address the 

infant suffocation hazards presented by 

playmats. Additionally, a playmat could 

have a flat layer no greater than one 

inch in thickness but still have greater 

than 1-inch sides or borders presenting 

a potential suffocation hazard. Finally, 

not providing the requested exemption 

is consistent with the ASTM draft 

voluntary standard for infant loungers, 

which currently also does not contain 

an exemption for playmats. 

5. Accessory Pillows and Other Padded 

Accessories 

Comment: BV requests clarification 

on the scope of the final rule regarding 

accessory pillows and other padded 

accessories sold with a juvenile product, 

or accessories sold separately from a 

juvenile product but intended to be 

used on a juvenile product. Boppy and 

Graco assert that the rule should exempt 

accessory pillows and other padded 

accessories for durable nursery products 

that are sold separately. Boppy 

additionally states that infants are 

seated while in contact with these 

pillows and padded accessories, so they 

do not meet the definition of an infant 

support cushion. Dorel Juvenile Group 

argues that the rule should exempt 

padded seat liners and inserts included 

with a car seat. BPQ argues that 

products that are used to keep an 

infant’s head positioned in an infant 

carrier should be out of scope of this 

rule. 

Response: Padded seat liners that are 

sold with a rocker, stroller, car seat, 

infant carrier, swing, highchair, or 

bouncer and are specifically designed to 

fit that product are not subject to the 

rule. However, we agree with BV, 

Boppy, Graco, and Dorel Juvenile Group 

that replacement padded seat liners and 

inserts for these products that are sold 

separately by the manufacturer as a 

replacement part and specifically 

designed to fit a rocker, stroller, car seat, 

infant carrier, swing, highchair, or 

bouncer would meet the rule’s 

definition of an infant support cushion, 

even though they would be subject to 

the rules for those specific products as 

well. To avoid this unintended result, 

we have added these products to the list 

of products not within the scope of the 

rule because they are subject to the 

specific safety standard for those 

products discussed in section II.A of the 

preamble. Under § 1243.1, products 

subject to another standard listed in 16 

CFR 1130.2(a) are exempt from the rule. 

Aftermarket accessory pillows and 

other padded accessories, often 

marketed for use with a rocker, stroller, 

infant car seat, infant carrier, swing, 

highchair, or bouncer, but not sold with 

that specific product or as a replacement 

part, are subject to this rule, and thus 

must meet the requirements of the rule. 

This can include products that are used 

to keep an infant’s head positioned in 

an infant carrier, unless they are sold 

with that product or as a manufacturer’s 

replacement part. Such portable 

products can be used for purposes other 

than their intended use, including as an 

infant sleep product. Therefore, we 

disagree with BPQ that products that are 

used to keep an infant’s head positioned 

in an infant carrier should be outside 

the scope of this rule. We also disagree 

with Boppy that accessory pillows and 

other padded accessories, used with 

seated products, should be excluded 

from the scope of the rule. These 

accessories present a suffocation hazard 

to infants because they are highly 

portable, and therefore can be used not 

only in the product for which they were 

intended but also in a variety of other 

products in which infants sleep, such as 

cribs, bassinets, and play yards. Because 

infants sleep for a majority of the day 

and tend to fall asleep in products 

intended for lounging, it is reasonably 


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22See Safety Standard for Infant Sleep Products, 

86 FR 33022 (June 23, 2021), available at: 

www.federalregister.gov/d/2021–12723. 

23Recommendations for Parents/Caregivers 

About the Use of Baby Products | FDA, available at: 

www.fda.gov/medical-devices/baby-products-sidsprevention-claims/recommendationsparentscaregivers-about-use-baby-products. 

24 Deaths prompt CPSC, FDA warning on infant 

sleep positioners | CPSC.gov, available at: 

www.cpsc.gov/Newsroom/News-Releases/2010/ 

Deaths-prompt-CPSC–FDA-warning-on-infantsleep-positioners. 

foreseeable that caregivers will use these 

accessory products in an infant sleep 

environment or that infants will fall 

asleep on them. Therefore, the rule has 

requirements and warnings to reduce 

the suffocation hazard presented by 

infant support cushions. 

6. Infant Sleep Positioners, AntiRollover Pillows, and Wedge Pillows for 

Infants 

Comment: BPQ and Boppy argue that 

the rule should exempt infant sleep 

positioners and anti-rollover pillows. 

Boppy states that the rule should 

exempt wedge pillows for infants. 

Boppy and Graco additionally state 

infant wedge pillows, infant sleep 

positioners, and anti-rollover pillows 

are all sleep products and thus should 

be subject to the infant sleep products 

rule, not this rule. BPQ additionally 

states that there is precedent to have 

discrete standards for each product 

category. 

Response: We disagree with the 

commenters’ assertion that infant wedge 

pillows, infant sleep positioners, and 

anti-rollover pillows should be outside 

the scope of the rule because all of these 

products are sleep products.22 Infant 

wedge pillows, infant sleep positioners, 

and anti-rollover pillows do not meet 

the definition of infant sleep products in 

16 CFR part 1236 because they are not 

marketed or intended to provide 

sleeping accommodations. Nevertheless, 

it is reasonably foreseeable that 

caregivers will use these products in an 

infant sleep environment. CPSC and 

FDA have warned against using infant 

positioning products in an infant sleep 

environment because they pose 

suffocation hazards.23 24 The incident 

data, which includes both fatal and 

nonfatal incidents, show that infants 

can suffocate when wedges, sleep 

positioners, and anti-rollover pillows 

conform to an infant’s face. Therefore, 

the performance requirements and 

warnings of the rule are intended to 

mitigate the suffocation hazard posed by 

these products. Because the incident 

data hazard patterns associated with 

these products are the same and show 

that all infant support cushions are used 

for lounging, we disagree that it is 

necessary to develop separate standards 

specifically for these products. 

7. Pads and Mats 

Comments: An anonymous 

commenter requests clarification on the 

type of pads and mats subject to the rule 

because they assert that the term is 

generic and could apply to products 

beyond those on which a child could 

sleep. 

Response: Pads and mats that are 

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 are subject to the rule. These 

pads and mats pose a suffocation hazard 

because they can be used in a variety of 

products in which infants sleep such as 

cribs, bassinets, and play yards. In 

addition, because infants sleep for a 

majority of the day and tend to fall 

asleep in products intended for 

lounging, it is reasonably foreseeable 

that infants will fall asleep on pads and 

mats. Pads and mats are associated with 

both fatal and nonfatal incidents in the 

incident data, and the performance 

requirements of the final rule are 

intended to mitigate the suffocation 

hazard to infants from these products. 

8. Framed Seating Products 

Comment: Graco argues that framed 

seating products should be exempt from 

the rule because these types of framed 

products do not present the same 

hazards as soft cushioned infant pillow 

products and because the NPR did not 

specifically address hazards associated 

with seated infant products that have 

rigid frame containment. 

Response: We agree with the 

commenter that framed seating 

products, including infant floor seats, 

rockers, strollers, car seats, infant 

carriers, swings, highchairs, bouncers, 

or other infant products with rigid 

components are not infant support 

cushions as defined in § 1243.2 of the 

rule. Thus, an exemption is unnecessary 

because these products are not subject 

to the requirements of the final rule. 

B. Definitions 

Comment: TA requests the term 

‘‘infant pillow’’ used in § 1243.3(d), but 

nowhere else in the proposed rule, be 

amended to reference the defined term 

of infant support cushion for 

consistency. Alternatively, TA argues 

that ‘‘infant pillow’’ could be included 

as a discrete term in § 1243.2. 

Response: For consistency and clarity, 

the reference to infant pillow in 

§ 1243.3(d) of the proposed rule has 

been changed to infant support cushion 

in the final rule. 

Comment: Graco requests that the 

definition of infant lounger be modified 

by to substitute the term infant support 

cushion for infant product. Graco also 

requests that the phrase ‘‘infant loungers 

do not include seated infant products 

with a rigid frame used as containment’’ 

be added to the definition of an infant 

lounger. 

Response: We agree with the 

commenter’s recommended change to 

the definition of infant lounger in 

§ 1243.2 and have replaced the phrase 

infant product with infant support 

cushion in the final rule. We disagree 

that it is necessary to specify that infant 

loungers do not include seated products 

with a rigid frame used as containment 

as these products are not within the 

scope of infant support cushions and 

thus are not subject to the requirements 

of the rule. 

Comment: JPMA asserts that the 

definitions used in the rule should align 

with the ASTM standard, in 

development, for infant loungers. 

Response: The draft ASTM standard 

for infant loungers is in draft form and 

subject to change as part of the 

consensus process. Therefore, we 

decline to align the definitions in the 

final rule with the ASTM standard in 

development. Additionally, the final 

rule’s definition of infant support 

cushion addresses the hazards 

presented by different types of infant 

support cushions, not just the infant 

loungers under consideration by the 

ASTM draft standard. 

Comment: Heroes Technology argues 

that many of the products within the 

scope of the rule do not have an 

occupant support surface and the rule 

does not address how to test products 

without an occupant support surface. 

Response: All infant support cushions 

contain an occupant support surface, 

which is defined in § 1243.2 as the area 

that holds up and bears the infant or any 

portion of the infant to support the 

infant’s weight or any portion of the 

infant while reclining or in a supine, 

prone, or recumbent position. By 

definition, every infant support cushion 

subject to the rule contains an occupant 

support surface, and thus is required to 

meet the performance requirements of 

the rule that involve testing the 

occupant support surface. 

Comment: Boppy notes that the 

proposed rule does not define the term 

sidewall. 

Response: The Commission agrees 

that a definition of the term sidewall is 

needed for clarity. Thus, a new 

definition for sidewall, which means 

any wall at the edge of the occupant 

support surface, has been added to 

§ 1243.2 of the final rule. 


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25Safe Sleep—Cribs and Infant Products, 

available at: www.cpsc.gov/SafeSleep. 

26See Tab D of Staff’s NPR Briefing Package, 

available at: www.cpsc.gov/s3fs-public/BriefingPackage-Notice-of-Proposed-Rulemaking-SafetyStandard-for-Infant-SupportCushions.pdf?VersionId=rA60lesWHddS1.wrk_

EvV00xeX75dsFc. 

C. Use of Substitute Products 

Comment: Boppy, Heroes Technology 

and JPMA raised a concern about the 

potential for consumers to use substitute 

products such as adult pillows or 

blankets, instead of infant support 

cushions. The commenters note that 

such products would fall outside the 

scope of the rule but could pose similar 

suffocation and fall hazards to infants. 

Response: None of the commenters 

provide data to support the claim that 

the requirements in the proposed rule 

would lead consumers to use substitute 

products. The rule is intended to ensure 

that consumers have access to infant 

support cushions that do not present the 

same risks of death or injury as some 

current products, and this rule should 

not cause consumers to seek out 

alternative products. The rule also 

contains warnings that explain why soft 

surfaces, blankets, and other soft items 

present a hazard when placed in and 

around the product, which can further 

educate consumers on the risks posed 

by substitute products with soft 

surfaces. 

Comment: Boppy questions whether 

the performance requirements in the 

proposed rule could negatively impact 

tummy time rates. 

Response: The rule is not likely to 

reduce beneficial tummy time. 

Regarding tummy time, AAP and 

NICHD, while endorsing tummy time, 

do not recommend specifically using 

tummy time pillows. Additionally, this 

rule would allow the manufacture and 

sale of tummy time products as long as 

those products meet the requirements of 

the rule. Therefore, tummy time 

guidance is not likely to change based 

on this rule. 

D. Product Misuse and Education 

Comment: BPQ recommends CPSC 

develop educational campaigns to 

address the unsafe sleep settings and 

misuse of products not intended for 

infant sleep exhibited in the incident 

data. Commenter Julian Dreest asks 

what strategies are currently in place to 

educate consumers about the proper use 

of infant support cushions. 

Response: The use of infant support 

cushions for sleep, or in an infant sleep 

setting, is not appropriate. Consumer 

education campaigns about safe sleep 

and the safe use of infant support 

cushions are useful and necessary to 

assist new parents and older generations 

of caregivers about safe sleep practices. 

CPSC actively promotes safe sleep 

outreach and education throughout the 

year to reach parents, grandparents, and 

caregivers on our website 25 and by 

engaging in targeted safe sleep 

messaging during Baby Safety month 

(September). 

However, education campaigns alone 

are not enough to address the hazards 

associated with infant support cushions. 

Data generally indicate that consumers 

believe if an infant product is on the 

market, it must be safe for use with 

infants—an assumption that is not 

always true. Therefore, this final rule for 

infant support cushions, paired with 

educational campaigns, is needed to 

better ensure safe uses of these 

products. 

Comment: Julian Dreest, BPQ, and 

Heroes Technology assert that 

educational strategies should reflect the 

new requirement for a maximum incline 

angle of 10 degrees or less, which limits 

the side height of the product to 

approximately 1.9 inches. The 

commenters assert this new requirement 

will invite some caregivers to improvise 

or modify the product to achieve the 

containment level they desire, increase 

consumer complacency, and provide a 

false sense of security leading to less 

supervision. Therefore, they argue, the 

rule will increase falls from elevated 

surfaces and the likelihood of roll-out 

from the product into an unsafe setting. 

AAP and the Joint Consumer Advocate 

Commenters strongly support the 

maximum incline angle requirement of 

10 degrees or less in the proposed rule. 

Response: We disagree that limiting 

the maximum incline angle to 10 

degrees or less will lead to increased 

falls or suffocations due to decreased 

supervision. As discussed in Tab D of 

Staff’s NPR Briefing Package,26 a 

cushioned sidewall with a height of up 

to four inches may give caregivers the 

false perception that the product can 

safely contain a child without 

supervision, regardless of what the 

product warnings might say. The 

presence of a distinct, raised perimeter 

surrounding the occupant support 

surface, as observed in various products 

on the market, provides a visual cue to 

consumers that the infant is safely 

contained in the product. Infant support 

cushions currently marketed for sale 

often display images of infants sleeping 

or resting in such products, and thus 

convey the appearance of effective 

containment of infants. The incident 

data shows that parents may mistakenly 

believe that products with cushioned 

sidewalls greater than two inches 

surrounding the infant would make 

them safe on elevated surfaces, that the 

infant can be left alone on the product, 

and that the product will safety contain 

their infant. The incident data further 

shows that infants suffer falls from 

products with cushioned sidewalls that 

are higher than 2 inches surrounding 

the occupant. Specifically, infants roll 

out of products with cushioned 

sidewalls greater than two inches into 

hazardous settings. With infant support 

cushions with cushioned sidewalls less 

than 2 inches, parents can see their 

infant is not secure in the product, that 

the product does not contain their 

infant, and that the infant should not be 

left alone on the product, particularly 

on elevated surfaces. Furthermore, the 

accompanying warnings alert users to 

the risks of leaving infants unattended 

or allowing use of the products for sleep 

or using on elevated surfaces. We note 

that AAP and the Joint Consumer 

Advocate Commenters strongly support 

the maximum incline angle requirement 

of 10 degrees or less in the proposed 

rule. 

Comment: Graco states that in 

addition to the current infant pillows 

that are already banned under 16 CFR 

1500.18, the CPSC had considered an 

‘‘Infant Pillow Ban’’ in former operating 

plans that would take these dangerous 

products off the market, but instead has 

pivoted to allow the very same types of 

products in the NPR, without sufficient 

requirements that would address the 

inherent misuse and hazards. 

Response: The Commission finds that 

the requirements in this rule will 

mitigate the suffocation and fall hazards 

to infants posed by infant support 

cushions. Therefore, the Commission 

concludes, that this rule will better 

address the known hazards posed by 

infant support cushions rather than just 

merely expanding the existing infant 

pillow ban, while still providing 

consumers with the utility of infant 

support cushions for supervised infant 

use. 

Comment: JPMA asserts that improper 

use of infant support cushions has 

contributed to the majority of incidents 

associated with these products since 

2010. JPMA also contends that the 

majority of the products in the scope of 

this rule are not marketed or intended 

for sleep and have recognized utility for 

parents who need a safe product in 

which to place their child during awake 

time interaction, play, and engagement. 

Response: The incident data clearly 

indicate a pattern of use of infant 

support cushions in infant sleep settings 

and for sleep. The designs of infant 


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27Staff’s NPR Briefing Package, available at: 

www.cpsc.gov/s3fs-public/Briefing-Package-Noticeof-Proposed-Rulemaking-Safety-Standard-forInfant-SupportCushions.pdf?VersionId=rA60lesWHddS1.wrk_

EvV00xeX75dsFc. 

28 Injuries and Deaths Associated with Nursery 

Products Among Children Younger than Age Five, 

August 2023, available at: www.cpsc.gov/content/ 

Injuries-and-Deaths-Associated-with-NurseryProducts-Among-Children-Younger-than-Age-Five12. 

support cushions currently on the 

market encourage the use of these 

products for sleep. These products are 

often used for sleep because of the false 

perception that the soft, pillow-like 

design, with high borders/sides, are 

appropriate for infant sleep and will 

safely contain an infant, including on 

elevated surfaces. Further, staff is aware 

of infant support cushions that are or 

have previously been marketed and 

promoted as sleep products. Changing 

only the marketing of the product, 

without changing the design of the 

product, will not adequately discourage 

the behavior of caregivers allowing 

infants to sleep on infant support 

cushions unsupervised. We agree that 

infant support cushions have utility for 

parents to place their infant when 

actively supervised. 

E. Incident Data 

Comment: BPQ, Boppy, Heroes 

Technology, and JPMA state that the 

percentages of incidents by product 

category are not provided in the NPR 

and Tab A of Staff’s NPR Briefing 

Package. BPQ also argues that the two 

largest nonfatal hazard patterns, falls 

and threatened asphyxia, are not broken 

down by age. 

Response: The Commission published 

an NOA announcing the availability of 

incident data relied upon for the NPR 

and seeking comment. The data in the 

NOA released for public comment 

shows that for fatal incidents, 63 

incidents were associated with loungers, 

10 incidents were associated with sleep 

positioners, four incidents were 

associated with pads/mats, one incident 

was associated with an infant wedge, 

and one incident was associated with a 

tummy time pillow. For nonfatal 

incidents, 104 incidents were associated 

with loungers, 13 incidents were 

associated with sleep positioners, three 

incidents were associated with infant 

wedges, two incidents were associated 

with pads/mats, one incident was 

associated with a tummy time pillow, 

and one incident was associated with a 

small infant pillow. As described above, 

the hazard patterns throughout these 

incidents are consistent with the risks of 

suffocation and falls presented by infant 

support cushions. Based on the data 

made available to commenters in the 

NOA, for incidents involving threatened 

asphyxia, 21 victims were up to 4 

months old, two were 4–6 months old, 

and in three incidents the age was 

unreported. For incidents involving 

falls, 15 victims were up to 4 months 

old, nine were 4–6 months old, four 

were over 6 months old, and in one 

incident the age was unreported. 

Comment: Boppy argues in a 

comment on the NPR that CPSC 

provided insufficient data to support 

that all products proposed to be covered 

by the rule, and specifically tummy time 

pillows, need regulation with a 

mandatory rule. Boppy also argues in a 

comment on the NOA that there are zero 

reported incidents related to tummy 

time pillows, so there is no justification 

for any inclusion of tummy time pillows 

within the scope of this proposed rule. 

Response: The Commission disagrees 

that tummy time pillows should be 

excluded from the scope of the rule. 

Tummy time pillows are products on 

which infants may be propped, and 

therefore they must meet the 

requirements of this rule. Tummy time 

pillows were associated with one fatal 

incident and one nonfatal incident as 

reflected in the incident data and 

present the same hazards as other infant 

support cushions. So, allowing a tummy 

time pillow for infants to be exempted 

from this regulation is contrary to the 

regulation’s intent and would allow 

manufacturers to remarket other types of 

infant support cushions as tummy time 

pillows to avoid regulation. We note 

AAP and NICHD, while endorsing 

tummy time, do not specifically 

recommend pillows for tummy time. 

F. General Requirements 

Comments: Consumer Federation of 

America, Consumer Reports, Kids In 

Danger, National Center for Health 

Research, Public Citizen, U.S. Public 

Interest Research Group (Joint 

Consumer Advocate Commenters), and 

Safe Infant Sleep recommend that the 

rule prohibit any type of electronics 

used inside or attached to an infant 

support cushion. The commenters also 

recommend prohibiting battery powered 

features, including vibration and white 

noise that can encourage sleep or may 

overheat presenting a burn risk, or 

features that contain cords which 

present a strangulation risk. 

Response: Some vibrations and 

music/sounds may lull infants to sleep. 

However, other music and sounds may 

engage infants during awake time. Staff 

has not identified any products in the 

incident data where an electronic 

component caused an injury or a death 

through fire, heat, or otherwise. Because 

no such products were identified in the 

incident data as presenting a hazard, 

this rule does not include a requirement 

related to electronics. 

G. Performance Requirements 

Comment: Heroes Technology 

requests that CPSC conduct round robin 

studies of the performance requirements 

and test methods involving multiple 

laboratories and multiple exemplar 

products in each category, with a view 

to reproposing and ultimately adopting 

test methods and performance 

requirements. 

Response: The Commission considers 

the performance requirements and test 

methods in this rule to adequately 

address the hazards associated with 

infant support cushions without a need 

for the type of round robin process 

suggested by Heroes Technology, which 

could take years to complete while 

injuries and deaths continue to occur. 

The Commission concludes that the 

urgency of addressing the hazards 

associated with infant support cushions, 

and the requirement in CPSIA section 

104 to promulgate safety standards, 

supports the Commission’s 

promulgation of this rule. The factual 

and scientific basis for the performance 

requirements and test methods in the 

rule are described in Tab C of Staff’s 

NPR Briefing Package.27

1. Restraint 

Comments: Graco asserts that the 

presence of a restraint system on an 

infant support cushion or lounger 

would further deter consumers from 

using them for sleep because the safety 

standards for sleep products do not 

allow restraint systems or cords or 

straps in the occupant area. On this 

basis, Graco suggests that the rule’s 

prohibition on restraints could indicate 

to caregivers that infant support 

cushions are intended for sleep. 

Response: The Commission’s yearly 

report of injuries and deaths associated 

with nursery products demonstrates that 

consumers use infant products, both 

with and without restraints, for infant 

sleep.28 In addition, restraints indicate 

to consumers that the infant is secure in 

the product and will not move, and thus 

the caregiver can leave the infant 

unsupervised. Because fall-related 

incidents have involved unattended 

infants who were left propped or 

lounging in the product, consumers are 

likely to interpret the presence of an 

infant restraint as meaning that 

unattended use is acceptable when an 

infant is restrained. Additionally, as is 

the case with several other children’s 

product areas, loops, cords, or strings 


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that enter into the occupant space can 

create an entanglement hazard, as seen 

in the incident data. Infant support 

cushions should be used with constant 

adult supervision, so prohibiting 

restraints in the rule is appropriate. 

2. Maximum Incline Angle 

Comment: Heroes Technology argues 

that it is not clear in the rule what 

‘‘approximately 1.9 inches’’ means and 

asserts that this is an arbitrary value. 

Graco argues that figure 6 in the text of 

the proposed rule alludes to a side 

height measurement, without criteria 

stipulated for the side height. 

Response: The rule does not include 

a side height performance requirement 

or a side height test method. Instead, the 

maximum incline angle performance 

requirement of 10 degrees or less in the 

rule effectively limits the height of the 

product to approximately 1.9 inches, 

which reduces the hazard from falls and 

suffocation when the product could 

otherwise give the false perception of 

containment to a caregiver that the 

product will safely contain the infant. 

The maximum incline angle test in the 

rule, as compared to a side height test, 

can more effectively be applied to all 

the different types of infant support 

cushions subject to the rule, which 

include infant support cushion products 

other than loungers and even products 

without a sidewall. Some products 

subject to the rule contain occupant 

support surfaces that allow an infant to 

be placed in various locations on the 

product. The maximum incline angle 

requirement applies to all the 

manufacturer’s recommended use 

positions, and also to all other infant 

support cushion surfaces that can 

feasibly support an infant’s head 

(occupant support surface-head), 

including the angle from the sidewall (if 

present) to the occupant support 

surface, or from the occupant support 

surface-head to the floor when no 

elevated sidewall is present, or from the 

sidewall to the floor when an elevated 

sidewall is present. Staff calculated that 

the side height for very firm products 

which meet the 10-degree angle 

requirements would likely be 

approximately 1.9 inches (4.8 cm) or 

less based on the geometry of the 

newborn hinged weight gauge. The side 

height was not recommended 

arbitrarily, and is not itself a 

requirement, but rather describes the 

geometric calculations of the likely 

height of a product just meeting the 

required incline angle of 10 degrees. 

Comment: BPQ recommends the 

sidewall height should be set at 2 

inches, as in the draft ASTM infant 

loungers standard, and not 1.9 inches. 

BPQ contends that if the height of the 

product is set at 1.9 inches, then there 

would be no need to measure the 

incline angle. The commenter also 

recommends that the inclined angle of 

10 degrees or less should be applied on 

the support surface of the base and only 

if the side height is greater than 2 

inches. 

Response: The Commission disagrees 

that a maximum sidewall height of 2 

inches should be required. The NPR did 

not propose a maximum side height 

requirement but instead proposed a 

maximum incline angle performance 

requirement. As discussed in the 

response to the previous comment, the 

maximum incline angle performance 

requirement in the rule is based on the 

varying designs of products and is 

expected to geometrically result in the 

height of the product being no more 

than 1.9 inches in order to comply with 

the incline angle requirement. 

Comment: Graco argues that 

subjecting infant support cushions to a 

maximum incline angle requirement for 

products that are not intended for sleep 

would incorrectly result in them sharing 

a critical characteristic of infant sleep 

products, that are also required to have 

a sleep surface of 10 degrees or less. 

Response: Infant support cushions are 

not sleep products, but infants fall 

asleep in many types of products other 

than sleep products, including infant 

support cushions. The maximum 

incline angle requirement in the rule 

addresses the suffocation hazard that 

could result if an infant sleeps in an 

infant support cushion. Section 

1243.5(d) of the rule requires infant 

support cushions to have an incline 

angle of 10 degrees or less in order to 

reduce the hazard of suffocation if an 

infant falls asleep in the product. 

Comment: Heroes Technology argues 

that if there is no incline in the 

manufacturer’s recommended use 

location for the product, and other use 

locations represent misuse, then the 

product should not be subject to a 

maximum incline angle requirement. 

Response: We disagree that products 

with no incline in the manufacturer’s 

recommended use location should not 

be subject to the maximum incline angle 

requirement of the rule. Some products 

subject to the rule contain occupant 

support surfaces that allow a variety of 

use modes, so the infant may be placed 

in various locations on the product, 

while some products do not have 

sidewalls. With other products, infants 

may move, roll, or be placed in various 

positions on the product. To address 

known hazard patterns, the rule 

appropriately includes a maximum 10- 

degree incline angle requirement that 

applies to any foreseeable use position 

on the infant support cushion’s 

occupant support surface or sidewall 

that supports the head for reclining, to 

mitigate suffocation and fall hazards. 

The maximum incline angle 

requirement applies to all 

manufacturer’s recommended use 

positions, as well as to all other infant 

support cushion surfaces that can 

feasibly support an infant’s head 

(occupant support surface-head). This 

includes the angle from the sidewall (if 

present) to the occupant support surface 

or from the occupant support surfacehead to the floor when no elevated 

sidewall is present or from sidewall to 

floor when an elevated sidewall is 

present. 

Comment: Heroes Technology notes 

that an example of a ‘‘feasible location’’ 

is provided in the proposed rule, but the 

term is not defined. The comment also 

notes that a ‘‘location likely to fail’’ is 

also not defined in the rule, nor is any 

guidance provided as to how such a 

location should be determined. 

Response: A ‘‘feasible location’’ is 

language commonly used in ASTM 

standards and is typically followed by 

an example of such a location in the 

requirement. Section 1243.5(d)(8) is the 

only place in the rule where the term 

feasible location is used. This section 

represents the intent for a feasible 

location by providing an explicit 

example ‘‘such as perpendicular to the 

recommended use location(s)’’ without 

limiting the potential to test any area 

that is applicable with a discrete 

definition. 

The language a ‘‘location likely to 

fail’’ is language commonly used in 

ASTM standards and longstanding 

CPSC safety standards that incorporate 

these ASTM standards. While a location 

most likely to fail cannot be determined 

by the use of a single test, not all 

locations on the product need to be 

evaluated. For example, with respect to 

the maximum incline angle 

requirement, any extremity with respect 

to the overall height of the sidewall or 

occupant support surface should be 

considered areas likely to fail. 

Therefore, we disagree that ‘‘feasible 

location’’ or ‘‘location most likely to 

fail’’ needs to be defined in the rule. 

Comment: Graco argues that it is 

unclear if a two-inch height would 

prevent infants from rolling out of a 

product into a dangerous environment. 

Dony Ly suggests CPSC should 

recommend a side height that will best 

mitigate falls, while accounting for the 

wide range of infant age and ability but 

did not provide any recommendation as 

to that height. Julian Dreest proposes 

revising the sidewall height limitation 


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to a minimum of four inches to mitigate 

the risk of falls; he also asks if there has 

been a risk assessment analysis 

comparing the incidence of falls from 

products with different sidewall 

heights, while also taking into account 

the age of the infant. Heroes Technology 

asserts that CPSC failed to consider that 

a shorter sidewall height will increase 

the fall hazard. 

Response: As seen in the incident 

data and proposed in the NPR, a 

maximum incline angle requirement of 

10 degrees or less mathematically limits 

the side height of the product to less 

than 2 inches to address potential 

asphyxiation hazards. The incident data 

also indicated that caregivers placed 

infant support cushions into infant 

sleep settings for unsupervised sleep or 

on elevated surfaces. Higher sidewall 

heights give the false perception to the 

caregiver that the product will safely 

contain their infant. At the same time, 

the incident data show that higher 

sidewall heights do not adequately 

contain infants or prevent falls and that 

infants roll out from and fall out of 

products with a side height of 4 inches 

or higher. The incident data also 

indicates that infants can turn over or 

roll without warning and are at risk of 

falling when infant support cushions are 

placed on an elevated surface. 

In contrast to products with higher 

side heights, products with side heights 

of approximately 2 inches or less are 

less likely to give the false perception to 

the caregiver that the product will safely 

contain their infant. Therefore, 

caregivers are less likely to leave infants 

unattended in a product with a less than 

2-inch side height or to place the 

product on an elevated surface. When 

the side height is limited to less than 2 

inches it provides a visual cue to 

caregivers that the product will NOT 

safely contain their infant which 

encourages caregivers to place the 

product on the floor, thus mitigating the 

fall hazard posed to infants from 

products placed on elevated surfaces. 

Furthermore, there is no evidence that 

a maximum sidewall height of about 2 

inches would increase the risk of injury 

from a fall or lead to different 

consequences than a higher sidewall 

because, as reflected in the incident 

data, infant support cushions with 

higher side heights do not safely contain 

infants and infants already roll out of 

these products. Additionally, products 

with side heights of more than 2 inches 

would exceed the maximum incline 

angle requirement in the final rule and 

poses a suffocation or positional 

asphyxiation hazard. Also, the 

commenter’s proposal to require 4-inchhigh sidewalls would not allow for 

products such as flat playmats or other 

infant support cushion products that do 

not contain sidewalls. Staff’s analysis of 

incident data did not identify the need 

for a sidewall requirement and thus the 

final rule has no requirements for a 

minimum side height. Therefore, the 

Commission is not adopting the 

commenters’ recommendations to 

require higher sidewalls because higher 

sidewalls encourage unsafe placement 

of infants on elevated surfaces, while 

also failing to adequately contain infants 

or prevent falls. Finally, staff is unaware 

of a risk assessment analysis specifically 

comparing the incidence of falls from 

infant support cushions of different 

product heights, while also taking into 

account the age of the infant. 

Comment: Heroes Technology asserts 

that CPSC failed to consider that with 

reduced side heights consumers will use 

blankets and towels to create a bumper. 

Response: Although this rule only 

regulates infant support cushions, it 

does contain specific warnings about 

the serious risks posed by soft bedding 

and other soft items in and around 

infant support cushions. Regardless of 

the side height of a product, some 

caregivers may use other products such 

as blankets and pillows to create a 

barrier around an infant, whether the 

infant is on an infant support cushion 

or not. CPSC will continue providing 

information and education campaigns 

for safe infant care regarding the hazards 

associated with soft bedding and soft 

items in sleep settings. 

3. Firmness 

Comment: Boppy argues that the test 

requirements and procedures in the 

proposed rule do not consider products 

that do not have a sidewall. The 

performance requirements do not 

specify if the sidewall firmness and 

angle requirements only apply to 

products with a sidewall, and the 

testing procedures for sidewalls do not 

include language such as ‘‘if applicable’’ 

or ‘‘for products with a sidewall.’’ 

Response: We agree that the rule 

should clarify whether the performance 

requirements and test methods apply to 

products that do not contain a sidewall. 

Therefore, the final rule adds ‘‘For 

products with a sidewall’’ to the 

beginning of the sentence regarding the 

performance requirements in 

§ 1243.4(e)(2) and (3) and (f) and also 

adds ‘‘For products with a sidewall’’ to 

the beginning of the sentence before 

‘‘perform’’ in the test methods in 

§§ 1243.5(g) and 1243.4(h) and (i). 

Comment: Boppy notes that the rule 

does not specify how testing is to be 

performed on products with an 

occupant support surface of one inch or 

less. 

Response: We agree that clarification 

on how testing is to be performed on 

products with an occupant support 

surface of one inch or less is necessary 

in the final rule. Therefore, § 1243.5(f) of 

the final rule adds the language ‘‘All 

products, including products one inch 

or less in thickness, are required to be 

tested’’ to clarify how testing is to be 

performed on products with an 

occupant support surface of one inch or 

less. The rule requires all in-scope 

products, including those with an 

occupant support surface of one inch or 

less, to be tested to all of the 

performance requirements to ensure that 

they meet the standard. As discussed 

above, no exception is provided for 

products of one inch or less in 

thickness. 

Comment: Safe Infant Sleep proposes 

that CPSC should consider a 

requirement that would not allow 

covers to have extra padding or 

cushioning, since such extra padding or 

cushioning may introduce an additional 

suffocation hazard. 

Response: The Commission agrees 

that slipcovers with extra padding or 

cushioning may introduce a suffocation 

hazard that would not be addressed by 

testing only the firmness of the infant 

support cushion without the slipcover 

installed on the product during testing. 

The Commission also agrees that testing 

should be performed with slipcovers 

installed as part of the as assembled 

product and the product and slipcover, 

if sold on or together with the product, 

must meet the test requirements because 

extra padding or cushioning on a 

slipcover may introduce an additional 

suffocation hazard that is not addressed 

if the product is tested without the 

slipcover installed. In order to make 

clear that infant support cushions sold 

with a slipcover, on or together with the 

product, are subject to the rule and must 

be tested as assembled, the definition of 

infant support cushion in § 1243.2 has 

been revised to add a new sentence at 

the end of the definition stating ‘‘This 

definition includes any removable 

covers, or slipcovers, sold on or together 

with an infant support cushion.’’ 

However, aftermarket slipcovers not 

sold with the product do not meet the 

definition of an infant support cushion 

and thus would not be within scope of 

this rule. Finally, § 1243.5(f) adds the 

language ‘‘for products sold with a 

slipcover on or together with the 

product, products shall be tested as 

assembled with the slipcover on the 

product’’ to the final rule to clarify that 

slipcovers, sold on or together with the 


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29Erin M. Mannen et al; Consumer Prod. Safety 

Comm’n. Pillows Product Characterization and 

Testing (2022). www.cpsc.gov/content/PillowsProduct-Characterization-and-Testing. 

30Staff’s NPR Briefing Package, available at: 

www.cpsc.gov/s3fs-public/Briefing-Package-Noticeof-Proposed-Rulemaking-Safety-Standard-forInfant-SupportCushions.pdf?VersionId=rA60lesWHddS1.wrk_

EvV00xeX75dsFc. 

product, need to be installed on the 

product during testing. 

Comment: Graco argues that infant 

support cushions should not be tested 

on a solid or firm testing surface. 

Response: We disagree. Infant support 

cushions should be tested on a solid or 

firm testing surface as the product relies 

on the underlying surface it is placed 

upon for support and shape. In order to 

accurately measure the firmness of the 

foam, filling, padding, or supporting 

material in an infant support cushion, 

the testing surface cannot move in 

response to the applied force (i.e., 

displace, shift, bend, deviate, compress, 

deflect, translate or otherwise), because 

any movement of the testing surface in 

response to the applied load would 

contribute to an under-measured value 

for the firmness measurement and thus 

would not provide repeatable results. 

Comment: Graco argues that the 

minimum value for acceptable firmness 

for the firmness test cannot be directly 

correlated to the firmness values used in 

other safety standards for children’s 

products. Graco recommends that all 

data underlying the performance 

requirements be published to permit an 

independent assessment. Graco also 

argues that the performance 

requirements are not substantiated by 

reliable test results. 

Response: The Commission 

considered the recommendations of the 

BSU Final Report when developing the 

proposed requirements in the rule.29

Additionally, the requirements in the 

rule reflect staff’s testing of a variety of 

infant support cushions, as well as an 

analysis of hazard patterns obtained 

from incident data associated with 

infant support cushions. The 

Commission made this incident data 

available for public review and 

comment as described in the NOA. This 

information was used to develop the 

specific performance requirements, and 

labeling and instructional literature 

requirements that address the 

suffocation and fall hazards associated 

with infant support cushions. The 

development of the firmness test 

method and test results are discussed in 

further detail in Tab C of the Staff’s NPR 

Briefing Package.30

Comment: Heroes Technology argues 

that the firmness testing described in 

the rule regarding the intersection of the 

occupant support surface and sidewalls 

is ambiguous and that the term 

‘‘location most likely to fail’’ is similarly 

vague. 

Response: The firmness test for the 

intersection of the sidewall and 

occupant support surface is intended to 

address suffocation hazards from infant 

support cushion products due to the 

presence of a sidewall adjacent to an 

occupant support surface. The rule 

provides instructions and guidance to 

measure firmness at the intersection of 

the sidewall and occupant support 

surface. Specifically, firmness is 

measured at the intersection of sidewall 

and occupant support surface as the 

force to deflect the surface 1.0 in (2.54 

cm) using the 3-inch hemispherical 

probe oriented at an angle, determined 

according to the test method in 

§ 1243.5(h), Intersection of sidewall and 

occupant support surface firmness. 

Section 1243.5(h) requires a force 

greater than 10.0 N (2.24 lbs) to address 

the suffocation hazard due to soft 

surfaces. The terms ‘‘most likely to fail’’ 

or ‘‘likely to fail’’ are standard language 

commonly used in ASTM standards and 

longstanding CPSC rules that 

incorporate these ASTM standards. 

However, areas where the sidewall 

appears to be vertical or slanted inward 

immediately over top of the occupant 

support surface, even while satisfying 

the angle requirement for the side as a 

whole, would be considered areas 

‘‘likely to fail.’’ Therefore, the 

Commission disagrees that ‘‘location 

most likely to fail’’ needs to be defined 

in the rule. 

4. Sidewall Angle 

Comment: Heroes Technology argues 

that the proposed sidewall angle 

requirement cannot be conducted 

effectively on the firm’s Snuggle Me 

infant lounger due to the lounger’s 

unique design features. 

Response: The sidewall angle 

requirement is intended to address the 

risk of entrapment between the sidewall 

and the occupant support surface that is 

not fully addressed by the firmness 

requirements alone. While the Snuggle 

Me infant lounger may possess unique 

design features, such as an unpadded 

occupant support surface, the product 

can still be evaluated to the sidewall 

angle requirement in the rule. The 

unpadded surface, and the firm flat 

surface the rule requires the units be 

tested on, would be considered the 

occupant support surface for the 

evaluation and the sidewall angle 

should be taken with respect to that 

surface. 

Comment: Heroes Technology argues 

that the rule provides no instructions or 

guidance to locate the intersection of the 

sidewall and occupant support surface. 

Response: In § 1243.5(i), Sidewall 

angle determination, the rule provides 

instructions and guidance regarding the 

test procedure to locate the intersection 

of the sidewall and occupant support 

surface. 

H. Marking and Labeling 

Comment: Boppy, AAP, BPQ, the 

Joint Consumer Advocate Commenters, 

Safe Infant Sleep, and JPMA all 

recommend an additional warning for 

the tummy time infant support cushion 

subcategory to provide clarity and 

resolve confusion surrounding the 

warning ‘‘use only on floor, with baby 

face up on back’’ when it is used on a 

product that is also a tummy time 

pillow. 

Response: We agree that some infant 

support cushion products, such as 

tummy time pillows, may have features 

that require the infant to be on their 

stomach while using the product and 

that different statements are appropriate 

for products designed for tummy time. 

Because prone positioning is a risk 

factor for infants that can lead to 

suffocation when the mouth and nose 

are occluded, the final rule adds a new 

figure 3 in § 1243.6 to accommodate 

products with multi-use positions. 

Specifically, the following statement 

‘‘Put baby on back after Tummy Time’’ 

has been added to the warning label 

after the phrase ‘‘use only on the floor 

with baby on back, face up’’ in new 

figure 3. Figure 3 is only required for 

products that have a tummy time feature 

because only products that have a 

tummy time feature should allow prone 

positioning. Tummy time pillow 

manufacturers may also omit the word 

‘‘only’’ from the statement ‘‘use only on 

floor with baby on back, face up’’ to 

accommodate the multi-use positioning 

of the product which is indicated in 

new figure 3. This entire warning 

statement bullet point was also moved 

up within the warning statement in 

figures 2 and 3 to reflect the serious 

hazard to infants from prone 

positioning. Products without a tummy 

time feature are required to use figure 2. 

Comment: The Joint Consumer 

Advocate Commenters propose 

requiring the product warning label on 

replacement covers for infant support 

cushions. 

Response: The Commission agrees 

that warning labels should be included 

on slipcovers that are sold on or 

together with infant support cushions. 

As discussed above regarding slipcovers 

sold on or together with the product that 


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31Fors Marsh Group’s, 2022 ‘‘Consumer Product 

Safety Commission (CPSC): Sleep Warnings Final 

Report’’, available at: www.cpsc.gov/s3fs-public/

Consumer-Product-Safety-Commission%E2%80%

93Sleep-Warnings-Final-Report.pdf?

VersionId=MfJcAAip4YNWVf.RllvXQtwNN7chjHyt. 

must be tested with the slipcover 

installed on the product, the definition 

of infant support cushion in § 1243.2 

has been revised to add a new sentence 

at the end of the definition, ‘‘This 

definition includes any removable 

covers, or slipcovers, sold on or together 

with an infant support cushion,’’ to 

make clear that slipcovers sold on or 

together with the product are subject to 

the requirements of the rule. However, 

aftermarket slipcovers or third-party 

covers are considered accessories that 

are not part of the product and thus not 

subject to the rule. Finally, in response 

to this comment, § 1243.6(e) of the final 

rule has been revised to require warning 

labels on slipcovers that are sold on or 

together with an infant support cushion. 

Comment: Safe Infant Sleep 

recommends laundering/cleaning 

instructions to mitigate a mold hazard. 

Response: Incident data do not 

indicate there is a mold hazard that 

would require infant support cushions 

to have laundering/cleaning instructions 

as part of this rulemaking. Therefore, 

the Commission assesses at this time no 

requirement is needed to address 

laundering/cleaning. However, if this 

information is provided, it should not 

be placed on a warning label because 

warning labels that have too much 

information that is not urgent for the 

user of the product dilute all messages 

on the label. 

Comment: The Joint Consumer 

Advocate Commenters suggest that 

CPSC should consider more ways to 

clearly emphasize in the warning label 

that infant support cushions should not 

be used for sleep. 

Response: The Commission assesses 

that no change to the rule is needed to 

clearly emphasize the warning against 

using infant support cushions for sleep 

because this message is already strongly 

communicated through the initial 

sentence of the warning about the 

deadly consequences of using the 

product for sleep or naps. 

Comment: Safe Infant Sleep objects to 

using the statement ‘‘using this product 

for sleep or naps can kill’’ because this 

statement implies that naps are different 

than sleep and this can be damaging to 

safe sleep education. The commenter 

instead recommends ‘‘using this 

product for ANY duration of sleep, even 

when supervised can kill.’’ 

Response: Consumers have indicated 

that ‘‘sleep’’ and ‘‘naps’’ may mean 

different things for infants and have 

indicated that infants ‘‘nap’’ anywhere 

but should be in a specific sleep product 

when they are put to ‘‘sleep.’’ 31

Therefore, the rule retains the 

requirement for the warning label to 

contain the statement ‘‘using this 

product for sleep or naps can kill’’ to 

reinforce that the products are unsafe 

for all types of sleep. However, the final 

rule revises the warning labels in figure 

2 and new figure 3 of § 1243.6 by 

separating ‘‘stay near and watch baby 

during use’’ from ‘‘if a baby falls asleep, 

move baby to infant sleep product, such 

as a crib or bassinet.’’ These changes, 

which provide clearer instruction on 

what a caregiver should do if their baby 

falls asleep, have been made to figure 2 

and new figure 3 of § 1243.6. 

Comment: Graco notes that the 

warning ‘‘use only with an awake baby’’ 

is a new type of warning and it is not 

clear if parents understand what level of 

awake their baby should be. 

Response: The Commission agrees 

that the phrase ‘‘use only with an awake 

baby’’ from the warning statement 

should be removed because the safety 

messaging to not use infant support 

cushions with sleeping infants or in an 

infant sleep setting is already strongly 

communicated through the initial 

sentence of the warning about the 

deadly consequences of using the 

product for sleep or lounging. Therefore, 

the final rule removes ‘‘use only with an 

awake baby’’ from the warning labels in 

figure 2 and new figure 3 of § 1243.6. 

Comment: Heroes Technology 

recommends changing the proposed 

warning ‘‘USING THIS PRODUCT FOR 

SLEEP OR NAPS CAN KILL’’ to ‘‘USING 

THIS PRODUCT FOR INFANT SLEEP 

OR NAPS CAN LEAD TO SERIOUS 

INJURIES OR DEATH.’’ 

Response: We disagree with the 

commenter’s recommended change to 

the warning label. First, the warning 

label statement ‘‘can kill’’ is an accurate 

and concise statement of the 

consequences of infants sleeping or 

napping on infant support cushions. 

Warning messages on many infant 

products are often too long, resulting in 

consumers not reading and heeding the 

messages. The commenter’s 

recommended statement ‘‘can lead to 

serious injuries or death’’ is much less 

impactful than ‘‘can kill’’ and thus 

would not be as effective in warning 

caregivers about the serious suffocation 

hazard to infants from using these 

products for sleep or naps. 

Comment: Heroes Technology 

suggests stronger warning language 

surrounding the use of soft bedding in 

and around infant support cushions. 

Response: Incident data indicate that 

infant deaths occurred when soft 

bedding was placed in an infant support 

cushion. Infant deaths also occurred 

when the product was used on soft 

bedding and the infant rolled out of the 

product into a hazardous setting 

containing soft bedding around the 

product. The Commission accordingly 

agrees that the rule should have stronger 

warning language regarding the use of 

soft bedding in and around infant 

support cushions. Therefore, the 

warning labels in figure 2 and new 

figure 3 of § 1243.6 have been revised to 

add ‘‘Do not use on soft surfaces or in 

sleep products like cribs or bassinets. 

Keep blankets and other soft items out 

of and away from product.’’ to warn 

against the hazard presented by soft 

bedding in and around infant support 

cushions. Additionally, this revision to 

figure 2 and new figure 3 of § 1243.6 in 

the final rule separates this warning 

statement into a separate bullet point to 

emphasize the risk to infants from soft 

bedding. 

Comment: Heroes Technology 

suggests stronger and more impactful 

language surrounding the fall risk from 

placing the product on elevated 

surfaces, and warning consumers that 

infants may roll unexpectedly. 

Response: We disagree that the 

warning label in the rule requires 

stronger and more impactful language 

regarding the fall risk from placing 

infant support cushions on elevated 

surfaces and warning consumers that 

their infants may roll unexpectedly is 

necessary. These messages are already 

presented concisely on the warning 

labels in figure 2 and new figure 3 of 

§ 1243.6. 

Comment: Graco states that the 

warning statements were not provided 

in the proposed regulatory text and were 

only provided in figure 2 of the NPR. 

Response: The proposed rule 

characterized the warning label in figure 

2 as an example. Thus, it was unclear 

if the exact content and format for the 

warning label depicted in proposed 

figure 2 in § 1243.6(d)(7) is required. 

The final rule clarifies that the required 

content and format of the warning labels 

in figure 2 and new figure 3 are to be 

used exactly as written, as applicable. 

Additionally, in § 1243.6(d)(7), the word 

example was removed from the figure 2 

and new figure 3 captions. 

Comment: Graco recommends adding 

the following statement to the warning 

label of the infant support cushion rule: 

‘‘For babies with medical conditions, 

developmental delay, or complications 

relating to premature birth, consult a 

doctor before use.’’ 


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32See Tab E of Staff’s NPR Briefing Package, 

available at: www.cpsc.gov/s3fs-public/BriefingPackage-Notice-of-Proposed-Rulemaking-SafetyStandard-for-Infant-SupportCushions.pdf?VersionId=rA60lesWHddS1.wrk_

EvV00xeX75dsFc. 

33See Tab A of Staff’s NPR Briefing Package, 

available at: www.cpsc.gov/s3fs-public/BriefingPackage-Notice-of-Proposed-Rulemaking-SafetyStandard-for-Infant-SupportCushions.pdf?VersionId=rA60lesWHddS1.wrk_

EvV00xeX75dsFc. 

Response: The Commission disagrees 

with requiring this information to be 

placed on the warning label because not 

all helpful information needs to be 

included on the warning label in the 

rule. The warning label in § 1243.6 of 

the rule includes messaging focused on 

the serious suffocation and fall hazards 

posed by infant support cushions. 

I. Comparative Analysis 

Comment: JPMA argues that CPSC has 

not provided a risk/benefit analysis, 

risk/hazard analysis, or a consumer 

choice analysis regarding the proposed 

rule. 

Response: The types of analysis 

described by the commenter that would 

quantify the hazard reduction benefits 

versus the costs of compliance are not 

required by section 104 of the CPSIA. A 

consumer choice model would require 

detailed consumer demand data that 

commenters did not provide and would 

involve quantifying consumer demand 

for theoretical product alternatives not 

specified by the commenter and not 

required by section 104 of the CPSIA. 

The Initial Regulatory Flexibility 

Analysis (IRFA) 32 did provide a specific 

numerical estimate of the cost of 

compliance, and the staff analysis of 

incidents found multiple deaths each 

year associated with these products—17 

deaths per year in 2021 and at least 17 

in 2022.33

J. Effective Date 

Comments: Boppy, Heroes 

Technology, and JPMA contend that a 

180-day effective date is insufficient for 

compliance and argue that a one-year 

effective date would be appropriate to 

limit the burdens on manufacturers. 

Response: While the commenters 

assert that 180 days is insufficient time 

to comply with the rule without 

burdening manufacturers, they do not 

provide any specific data or information 

showing that the level of effort to 

redesign and distribute an infant 

support cushion would require a oneyear compliance period. Furthermore, 

JPMA typically allows 180 days for 

products in their certification program 

to implement a new voluntary standard 

such that juvenile product 

manufacturers are accustomed to 

adjusting to new standards within this 

time frame. Therefore, the rule provides 

a reasonable effective date that takes 

into consideration manufacturers 

burdens and the risk of continued infant 

injuries and deaths. Based on the 

urgency of addressing the hazards 

associated with infant support cushions, 

the 180-day effective date proposed in 

the NPR is appropriate and is being 

finalized as proposed. 

K. Stockpiling 

Comments: AAP and the Joint 

Consumer Advocate Commenters 

request that CPSC take action to prevent 

manufacturers from increasing 

production of, or stockpiling, 

noncompliant infant support cushions 

and to prevent sellers from putting on 

the market large quantities of products 

that are noncompliant. 

Response: The Commission notes the 

commenters’ recommendations to 

include a stockpiling provision in the 

final rule. Commenters provided no 

evidence that manufacturers or 

importers are likely to increase 

significantly their manufacture or 

importation of infant support cushions 

before the rule’s effective date. In 

addition, the 180-day effective date 

should serve to limit the stockpiling of 

noncompliant products so as to prevent 

such manufacturers from circumventing 

the purpose of the rule. Therefore, the 

final rule does not include a stockpiling 

provision. 

L. Regulatory Procedure 

Comment: BPQ requests that CPSC 

revise the NPR and reissue it for public 

comment to reflect recent revisions to 

ASTM’s draft infant lounger voluntary 

standard. 

Response: As of the date of the 

publication of the final rule, there is no 

voluntary standard addressing the 

suffocation and fall hazards of infant 

support cushions on which a mandatory 

rule could be based. Additionally, the 

draft ASTM standard is in draft form 

and subject to change as part of the 

consensus process. Section 104 of the 

CPSIA does not require an existing 

voluntary standard in order for the 

Commission to promulgate a safety 

standard for a durable infant or toddler 

product. See 15 U.S.C. 2056a(b)(2); 

Finnbin, LLC v. Consumer Prod. Safety 

Comm’n, 45 F.4th 127, 134 (D.C. Cir. 

2022). 

Comment: Boppy and Heroes 

Technology argue that this rule cannot 

be promulgated under section 104 of the 

CPSIA without a preexisting voluntary 

standard for infant support cushions. 

Response: Section 104 of the CPSIA 

does not require an existing voluntary 

standard in order for the Commission to 

promulgate a safety standard for a 

durable infant or toddler product. See 

15 U.S.C. 2056a(b)(2); Finnbin, LLC v. 

CPSC, 45 F.4th 127, 134 (D.C. Cir. 2022). 

In Finnbin, the court explained that 

CPSC has an express statutory command 

to regulate all categories of durable 

infant or toddler products and must do 

so for products not covered by voluntary 

standards. Furthermore, by the terms of 

15 U.S.C. 2056a(b)(1), the requirement 

to examine and assess the effectiveness 

of any voluntary standards only applies 

if a voluntary standard exists. Because 

no voluntary standards currently 

address the suffocation and fall hazards 

posed by infant support cushions, the 

procedural requirements in section 

104(b) of the CPSIA, to develop a rule 

with reference to an existing standard, 

do not apply to this rule. 

Comment: Boppy argues that infant 

support cushions are not durable 

nursery products because infant support 

cushions are ‘‘pillow-like’’ and pillows 

are soft, textile products that are in no 

way comparable to cribs, strollers, 

bathtubs, or bed rails. Boppy 

additionally argues that there are no 

products in either the original twelve, or 

additional six product categories of 

durable goods that can be rationally 

compared to ‘‘pillows.’’ 

Response: Infant support cushions 

meet the statutory requirement for 

durable infant or toddler products in 

section 104(f)(1) of the CPSIA because 

they are intended for use, and may be 

reasonably expected to be used, by 

children under the age of 5 years and 

routinely have a life span of several 

years. They are not disposable; have a 

useful life of up to several years and are 

often used by multiple children in 

succession; are similar to other soft 

durable infant and children’s products 

such as crib mattresses and sling 

carriers (which the Commission has 

issued rules for under section 104); are 

resold and widely available on 

secondary marketplaces; and are 

primarily intended to be used by 

children five years old or younger. 

Therefore, although infant support 

cushions are not specifically listed in 

section 104(f)(2) of the CPSIA, the 

Commission may reasonably treat them 

as ‘‘durable infant or toddler products.’’ 

The Commission has previously 

added to the statutory list of durable 

infant or toddler products by including 

other products for young infants, such 

as changing products and infant 

bouncers, that also have a market for 

secondary use. As the Commission 

explained in 2009, ‘‘[b]ecause the 

statute has a broad definition of a 

durable infant or toddler product but 


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also includes 12 specific product 

categories, additional items can and 

should be included in the definition.’’ 

Requirements for Consumer Registration 

of Durable Infant or Toddler Products, 

74 FR 68668, 68669 (December 29, 

2009). 

Comments: Boppy contends the 

proposed rule is unconstitutional 

because it violates the non-delegation 

doctrine and the Separation of Powers 

and Appointments Clause of the U.S. 

Constitution. 

Response: The rule is being 

promulgated under the Danny Keysar 

Child Product Safety Notification Act, 

section 104 of the CPSIA, which directs 

the Commission to promulgate 

consumer product safety standards for 

durable infant or toddler products. 

CPSC is an independent agency and the 

Commissioners do not exercise 

Executive power, consistent with the 

Supreme Court’s holding in Humphrey’s 

Executor v. United States, 295 U.S. 602 

(1935). Several Federal Courts of 

Appeals have recently rejected similar 

Constitutional arguments about CPSC. 

Consumers’ Rsch. v. CPSC, 91 F.4th 342 

(2024), petition for cert. filed, 

(Consumers’ Rsch. v. CPSC, No. 23– 

1323 (petition for cert. filed on July 18, 

2024)), and Leachco, Inc. v. CPSC, 103 

F4th 748 (10th Cir. 2024), petition for 

cert. pending, No. 22–7060 (filed Aug. 9, 

2024)). 

VII. Description of the Final Rule for 

Infant Support Cushions 

As section 104 of the CPSIA requires, 

to address the risks of death and injury 

associated with infant suffocations, 

entrapments, and falls, the Commission 

is issuing this rule to establish 

mandatory performance and labeling 

requirements for infant support 

cushions. The requirements of the rule 

are based on an evaluation of incident 

data and the hazard patterns associated 

with infant support cushions, and the 

recommendations of the BSU Final 

Report. The final rule is summarized 

below, and the rule is being finalized as 

proposed in the NPR except as noted. 

A. Section 1243.1 Scope, Purpose, 

Applications, and Exemptions 

Section 1243.1 explains that the rule 

applies to infant support cushions, 

including infant positioners, nursing 

pillows 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 excludes 

products already regulated by other 

Commission mandatory standards for 

durable infant products, which are 

listed in 16 CFR 1130.2(a). The rule 

applies to all infant support cushions 

manufactured after the effective date of 

the rule. Section 1243.1 is being 

finalized without changes as proposed 

in the NPR. 

B. Section 1243.2 Definitions 

Section 1243.2 provides definitions 

for the following terms used in the rule: 

conspicuous, infant lounger, infant 

positioner, infant support cushion, 

occupant support surface, seat bight 

line, and sidewall. The definitions in 

§ 1243.2 are being finalized as proposed 

in the NPR except as discussed below. 

In response to a comment from Graco 

and for clarity, the definition of infant 

lounger has been revised to change the 

proposed words ‘‘infant product’’ to 

‘‘infant support cushion’’ in the final 

rule. Also, in response to comments 

from Safe Infant Sleep and The Joint 

Consumer Advocate Commenters, the 

definition of infant support cushion has 

been revised to add a new sentence at 

the end of the definition ‘‘This 

definition includes any removable 

covers, or slipcovers, sold on or together 

with an infant support cushion’’. 

Finally, in response to a comment from 

Boppy, a new definition for the term 

‘‘sidewall,’’ which is defined as ‘‘any 

wall at the edge of the occupant support 

surface’’, has been added to the final 

rule to provide clarity regarding the 

meaning of that term. 

C. Section 1243.3 General 

Requirements 

Section 1243.3 provides general 

requirements for infant support 

cushions, including requirements 

addressing hazardous sharp edges or 

points (§ 1243.3(a)), small parts 

(§ 1243.3(b), lead in paints (§ 1243.3(c)), 

toys (§ 1243.3(d)), the removal of 

components (§ 1243.3(e)), the 

permanency of labels and warnings 

(§ 1243.3(f)), and convertible products 

(§ 1243.3(g)). Section 1243.3 is being 

finalized as proposed in the NPR except 

that the reference to ‘‘infant pillow’’ in 

§ 1243.3(d) has been changed in the 

final rule to ‘‘infant support cushion’’ 

for accuracy and consistency based on 

a comment from TA. The final rule also 

removes proposed § 1243.3(e) regarding 

side height. Measuring the height of the 

product is unnecessary and thus 

duplicative because the maximum 

incline angle test in § 1243.5(d)(7) 

already accounts for the height of the 

product remaining under 2 inches. The 

final rule renumbers the paragraphs 

following § 1243.3(d) to reflect this 

change. 

D. Section 1243.4 Performance 

Requirements 

Section 1243.4 provides performance 

requirements for infant support 

cushions for restraints (§ 1243.4(a)), 

seam strength (§ 1243.4(b)), bounded 

openings (§ 1243.4(c)), maximum 

incline angle (§ 1243.4(d)), firmness 

(§ 1243.4(e)), and sidewall angle 

(§ 1243.4(f)). Section 1243.4 is being 

finalized as proposed in the NPR except 

as discussed below. In response to a 

comment from Boppy, two changes have 

been made in paragraph (e) of § 1243.4 

that establishes requirements for 

firmness. In § 1243.4(e)(2) and (3), ‘‘For 

products with a sidewall’’ has been 

added to the beginning of the sentence 

because the proposed rule did not make 

clear whether the performance 

requirements are applicable to products 

without sidewalls. Additionally, in 

response to a comment from Boppy, the 

same change has been made to 

§ 1243.4(f) that establishes requirements 

for side angles because the proposed 

rule did not clarify the applicability of 

performance requirements for products 

without sidewalls. 

E. Section 1243.5 Test Methods 

Section 1243.5 provides the test 

methods to be used to test for 

compliance with the requirements of the 

rule. Section 1243.5 includes test 

methods for test conditions 

(§ 1243.5(a)), test for permanence of 

labeling and markings (§ 1243.5(b)), 

head entrapment test (§ 1243.5(c)), 

maximum incline test (§ 1243.5(d)), 

firmness test setup (§ 1243.5(e), 

occupant support surface firmness test 

method (§ 1243.5(f)), sidewall firmness 

test method (§ 1243.5(g)), test method 

for the intersection of sidewall and 

occupant support surface firmness 

(§ 1243.5(h)), test method for sidewall 

angle determination (§ 1243.5(i)), seam 

strength test method (§ 1243.5(j)), and 

removal of components test method 

(§ 1243.5(k)). Section 1243.5 is being 

finalized as proposed in the NPR except 

as discussed below. 

For the same reason discussed above 

for the removal of proposed § 1243.3(e) 

regarding side height, the final rule 

removes the corresponding test in 

§ 1243.5(d)(8) for consistency. To reflect 

this change, all numbers after 

§ 1243.5(d)(7) have been renumbered. 

In response to a comment from Safe 

Infant Sleep, the following language has 

been added after the first sentence of 

§ 1243.5(f): ‘‘For products sold with a 

slipcover on or together with the 

product, products shall be tested as 

assembled with the slipcover on the 

product.’’ This language has been added 


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to the final rule because slipcovers with 

extra padding or cushioning may 

introduce suffocation hazards that 

would not be addressed if slipcovers 

sold on or together with an infant 

support cushion were not required to be 

tested as assembled with the slipcover 

on the product. In response to a 

comment from Boppy, right after the 

new sentence added above, the 

following language has been added to 

§ 1243.5(f) of the final rule: ‘‘All 

products, including products one inch 

or less in thickness, are required to be 

tested.’’ This language has been added 

to the final rule because a product could 

either vary in thickness or be so close 

to 1 inch in thickness that it would be 

difficult to determine thickness without 

testing. In response to another comment 

from Boppy, § 1243.5(g) of the final rule 

adds in the first sentence ‘‘products 

with a sidewall’’ between ‘‘For’’ and 

‘‘perform’’ because the proposed rule 

did not specifically clarify the 

applicability of test methods for 

products without sidewalls. The Boppy 

comment also resulted in changes to 

§ 1243.5(h) and (i) at the beginning of 

the first sentence, adding ‘‘For products 

with a sidewall,’’ before ‘‘perform,’’ to 

state directly that products with 

sidewalls must be tested according to 

the test methods. 

F. Section 1243.6 Marking and 

Labeling 

Section 1243.6 provides the marking 

and labeling requirements for infant 

support cushions, including general 

markings (§ 1243.6(a)), permanency 

(§ 1243.6(b)), upholstery labeling 

(§ 1243.6(c)), warning design for product 

(§ 1243.6(d)), and warning statements 

(§ 1243.6(e)). Section 1243.6 is being 

finalized as proposed in the NPR except 

as discussed below. 

Several changes have been made to 

figure 2 in § 1243.6(d)(7) as described 

below. We also add a new figure 3, 

Warning for Tummy Time Product, in 

§ 1243.6(d)(7), as described below. 

• In response to a comment from 

Graco, the phrase ‘‘use only with an 

awake baby’’ has been removed from the 

warning label in figure 2 and new figure 

3 because the safety messaging to not 

use infant support cushions with 

sleeping infants or in an infant sleep 

setting is already strongly 

communicated through the initial 

sentence of the warning about the 

deadly consequences of using the 

product for sleep or naps, and limiting 

the amount of text on warning labels 

makes the material being presented 

more prominent. 

• The rule clarifies that figure 2 in 

§ 1243.6(d)(7) is required for all infant 

support cushions that do not have a 

tummy time feature. 

• In response to comments from 

Boppy, AAP, BPQ, the Joint Consumer 

Advocate Commenters, Safe Infant 

Sleep, and JPMA, the Commission is 

adding a new figure 3 in § 1243.6(d)(7) 

for products with a tummy time feature. 

The statement bullet point was also 

moved up within the warning statement 

to reflect the serious hazard to infants 

presented by prone positioning. In new 

figure 3, the statement ‘‘Put baby on 

back after Tummy Time’’ is added to the 

warning label after the phrase ‘‘Use only 

on the floor with baby on back, face 

up,’’ to accommodate multi-use 

positions of some infant support 

cushion products, such as tummy time 

pillows that may have features that 

require the infant to be on their stomach 

while using the product. Figure 3 

additionally omits the word ‘‘only’’ 

from ‘‘use only on the floor with baby 

on back, face up’’. Figure 3 is required 

only for products that have a tummy 

time feature because only those 

products that have a tummy time feature 

should allow for prone positioning. 

• In response to a comment from Safe 

Infant Sleep the warning labels have 

been revised with more concise wording 

and clarity to provide instruction for 

what a caregiver should do if their baby 

falls asleep by separating ‘‘stay near and 

watch baby during use’’ from ‘‘if a baby 

falls asleep, move baby to infant sleep 

product, such as a crib or bassinet’’. 

• In response to a comment from 

Heroes Technology, the warning labels 

for figure 2 and new figure 3 now 

includes the statement ‘‘Do not use on 

soft surfaces or in sleep products like 

cribs or bassinets. Keep blankets and 

other soft items out of and away from 

product’’ to discourage soft bedding use 

in and around the product. This 

revision also separates these warning 

statements into a separate bullet point to 

emphasize the risk to infants from soft 

bedding placed both in and around the 

product. 

• In response to a comment from 

Graco, the word ‘‘example’’ was 

removed from the captions on figure 2 

and new figure 3 because it was unclear 

if the exact content and format for the 

warning labels in § 1243.6(d)(7) is 

required as depicted in proposed figure 

2 and new figure 3. Additionally, the 

final rule clarifies in § 1243.6(d)(7) that 

the content and format as depicted in 

figure 2 and new figure 3 as applicable, 

are required. 

• Note 4 to proposed § 1243.6(e) has 

been removed from the rule as 

unnecessary because the final rule 

clarifies that the required content and 

format of the warning labels in figure 2 

and new figure 3, as applicable, are to 

be used as written. 

• A new note 4 to § 1243.6(d)(6) has 

been added below figure 1 for paragraph 

(d)(6), which was originally the 

language above figure 1 for paragraph 

(d)(6), with the new note 4 providing 

the original text indicating that the 

depicted warnings are filler text, known 

as lorem ipsum, commonly used to 

demonstrate graphic elements. 

• In figure 2 and new figure 3, a black 

line has been inserted between the 

suffocation warnings and the fall 

warnings to distinguish between the 

messages. 

The changes described above are 

depicted below in the revised figure 2, 

Warning for Product Without Tummy 

Time, and new figure 3, Warning for 

Tummy Time Product, from § 1243.6 of 

the final rule. 


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Additionally, in response to a 

comment from the Joint Consumer 

Advocate Commenters, the final rule 

adds language at the end of § 1243.6(e) 

stating that slipcovers, sold on or 

together with the product, are required 

to contain a warning with the content 

and format depicted in figure 2 or 3, as 

applicable, to paragraph (d)(7). This 

language is being added because when 

an infant support cushion is sold with 

a slipcover, it is expected that slipcover 

will hide the warning label that should 

be visible to a caregiver while placing 

an infant onto or into the product, when 

the product is in the manufacturer’s 

recommended use position. Therefore, 

the warning label should be 

conspicuously located on the slipcover 

as is required for an infant support 

cushion that does not come with a 

slipcover. 

G. Section 1243.7 Instructional 

Literature 

Section 1243.7 provides requirements 

for instructional literature for infant 


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Warning for Product Without Tummy Time 

USING THIS PRODUCT FOR SLEEP OR NAPS CAN KILL. 

Babies can turn over or roll out without warning and CAN 

SUFFOCATE in only a few minutes. 

• Only use on the floor with baby on back, face-up. 

• Stay near and watch baby during use. 

• Do not use on soft surfaces or in sleep products like cribs 

or bassinets. Keep blankets and other soft items out of and 

away from product. 

• If baby falls asleep, move baby to infant sleep product, such 

as a crib or bassinet. 

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. 

Warning for Tummy Time Product 

USING THIS PRODUCT FOR SLEEP OR NAPS CAN KILL. 

Babies can turn over or roll out without warning and CAN 

SUFFOCATE in only a few minutes. 

• Use on the floor with baby on back, face-up. Put baby on 

back after Tummy Time. 

• Stay near and watch baby during use. 

• Do not use on soft surfaces or in sleep products like cribs 

or bassinets. Keep blankets and other soft items out of and 

away from product. 

• If baby falls asleep, move baby to infant sleep product, such 

as a crib or bassinet. 

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. 
87484 Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations 

support cushions, including requiring 

instructional literature be provided with 

the product, as well as requirements as 

to what such information must include. 

Section 1243.7 also requires that 

instructional literature meet the 

requirements of the National Electrical 

Manufacturers Association’s (NEMA’s) 

ANSI Z535.4–2011(R2017), American 

National Standard for Product Safety 

Signs and Labels (ANSI Z535.4–2011). 

The final rule specifically requires the 

warning format requirements in sections 

6.1–6.4, 7.2–7.6.3, and 8.1 of ANSI 

Z535.4–2011(R20217). Finally, under 

§ 1243.7 any instructions provided in 

addition to those required by § 1243.7 

shall not contradict or confuse the 

meaning of the required information or 

be otherwise misleading to the 

consumer. Section 1243.7 is being 

finalized as proposed in the NPR. 

H. Section 1243.8 Incorporation by 

Reference 

Section 1243.8 incorporates by 

reference ANSI Z535.4–2011(R20217), 

American National Standard for 

Product Safety Signs and Labels, and 

ASTM D3359–23, Standard Test 

Methods for Rating Adhesion by Tape 

Test, and provides information on 

where those standards are available. 

ANSI Z535.4–2011 includes 

requirements related to safety alert 

symbol use; signal word selection; 

warning panel format, arrangement, and 

shape; color requirements for each 

panel; letter style; to identify and warn 

against specific hazards; and to provide 

information to avoid personal injury. 

ASTM D3359–23 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. 

VIII. 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 

infant support cushions rule is 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. 

In the NPR the Commission proposed 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. 

Section 1112.15(a)(57) is being finalized 

as proposed in the NPR. 

Laboratories applying for acceptance 

as a CPSC-accepted third party 

conformity assessment body to test to 

the new Safety Standard for Infant 

Support Cushions 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. Amendment to 16 CFR Part 1130 To 

Include Infant Support Cushions 

Infant support cushions are a category 

of ‘‘durable infant or toddler product’’ 

for purposes of CPSIA section 104 

because they: are intended for use, and 

may be reasonably expected to be used, 

by children under the age of five years; 

are products similar to other products 

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

mattresses, and sling carriers; and are 

commonly resold or ‘‘handed down’’ for 

use by other children over a period of 

years. In the NPR, the Commission 

proposed to amend 16 CFR part 1130 to 

include Infant Support Cushions as 

durable infant or toddler products. 

Section 1130.2(a)(20) is being finalized 

as proposed in the NPR. 

X. Incorporation by Reference 

The rule incorporates by reference 

ANSI Z535.4–2011(R2017), American 

National Standard for Product Safety 

Signs and Labels, and ASTM D3359–23, 

Standard Test Methods for Rating 

Adhesion by Tape Test. In accordance 

with the regulations of the Office of the 

Federal Register, 1 CFR part 51, section 

VII.H of this preamble summarizes the 

requirements of the ANSI Z535.4– 

2011(R2017) and ASTM D3359–23. 

Both standards are reasonably 

available to interested parties in several 

ways. Interested persons may purchase 

a copy of ANSI Z535.4–2011(R2017) 

from the National Electrical 

Manufacturers Association (NEMA), 

1300 17th St. N, Arlington, VA 22209; 

phone: (703) 841–3200; website: 

www.nema.org. This standard is also 

available from ANSI via its website, 

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

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

NY 10036, telephone: (212)–642–4900. 

Once the rule takes effect, a read-only 

copy of ANSI Z535.4–2011(R2017) will 

be available for viewing, at no cost, on 

the ANSI website at: https://ibr.ansi.org/ 

Standards/nema.aspx. Interested 

individuals may purchase a copy of 

ASTM D3359–23 from ASTM, through 

its website, www.astm.org, or by mail 

from ASTM International, 100 Barr 

Harbor Drive, P.O. Box 0700, West 

Conshohocken, PA 19428–2959. Once 

the rule takes effect, a read-only copy of 

the standard will be available for 

viewing, at no cost, on the ASTM 

website at: www.astm.org/ 

READINGLIBRARY/. 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 East 

West Highway, Bethesda, MD 20814; 

phone: (301) 504–7479; email: cpsc-os@

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). In the NPR the 

Commission proposed an effective date 

of 180 days after publication of the final 

rule in the Federal Register. This 

amount of time is typical for rules 

issued under section 104 of the CPSIA. 

We note that the 180-day effective date 

is the same amount of time that JPMA 

typically allows for products in their 

certification program to shift to a new 

standard once that standard is 

published. Therefore, juvenile product 

manufacturers are accustomed to 

adjusting to new standards within this 

time frame. We noted in the NPR that 

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 this rule. Based on 

the urgency of addressing the hazards 

associated with infant support cushions, 

the 180-day effective date proposed in 


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34The size standards are in listed in the Code of 

Federal Regulations. See 13 CFR part 121. 

35The North American Industry Classification 

System (NAICS) is the standard used by Federal 

statistical agencies in classifying business 

establishments for the purpose of collecting, 

analyzing, and publishing statistical data related to 

the U.S. business economy. For more information, 

see www.census.gov/naics/. Some programs use 6- 

digit NAICS codes, which provide more specific 

information than programs that use more general 3 

or 4-digit NAICS codes. 

36See for example: www.cpsc.gov/Business— 

Manufacturing/Testing-Certification/ChildrensProduct-Certificate; and www.cpsc.gov/Business— 

Manufacturing/Business-Education/Durable-Infantor-Toddler-Products/FAQs-Durable-Infant-orToddler-Product-Consumer-Registration. 

the NPR is appropriate and is being 

finalized as proposed. 

XII. Regulatory Flexibility Act 

When an agency is required to 

publish a notice of proposed 

rulemaking, the Regulatory Flexibility 

Act (5 U.S.C. 601–612) generally 

requires that the agency prepare an 

IRFA for the NPR and a final regulatory 

flexibility analysis (FRFA) for the final 

rule. 5 U.S.C. 603, 604. These analyses 

must describe the impact that the rule 

would have on small businesses and 

other entities. The FRFA must contain: 

(1) a statement of the need for and 

objectives of the rule; 

(2) significant issues raised by 

commenters on the IRFA, the agency’s 

assessment of those issues, and changes 

made to the result as a result of the 

comments; 

(3) a response to any comments filed 

by the Chief Counsel for Advocacy of 

the U.S. Small Business Administration 

(Advocacy), and changes made as a 

result of those comments; 

(4) a description and estimate of the 

number of small entities to which the 

rule will apply; 

(5) a description of the projected 

reporting, recordkeeping, and other 

compliance requirements of the rule, 

including an estimate of the classes of 

small entities which will be subject to 

the requirement and the type of 

professional skills necessary for 

preparation of the report or record; and 

(6) steps the agency has taken to 

minimize the significant economic 

impact on small entities, consistent with 

the objective of the applicable statute, 

including the factual, policy, and legal 

reasons for selecting the alternative in 

the final rule and why other alternatives 

were rejected. 

Staff prepared an IRFA for this 

rulemaking that was summarized in the 

NPR and provided in full Tab E of the 

Staff’s NPR Briefing Package. The FRFA 

is provided below. 

A. Need for and Objectives of This Rule 

Section I of this preamble describes 

the reasons and legal basis for this final 

rule. As discussed in sections VI and VII 

of this preamble, the rule sets 

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. Comments and Responses 

Concerning Impact on Small Entities 

Comment: Boppy and Heroes 

Technology state that the maximum 

incline angle requirement, which limits 

product height to approximately 1.9 

inches, would eliminate most products 

subject to this rule from the market, 

resulting in a significant loss of utility 

to consumers for compliant products, 

far in excess of CPSC’s estimates. 

Response: The IRFA stated that 

consumers might not purchase the 

redesigned compliant products and 

estimated a significant impact on a 

substantial number of small businesses. 

The commenters did not provide any 

data on their assertion that consumers 

might not want to buy products with a 

shorter side height. Given the number of 

playmats and similar items with no 

sides or short sides on the market, there 

is ample evidence that consumers are 

willing to purchase such items. The 

Commission has considered the 

significant impact on small entities in 

the IRFA, and it is discussed in the 

possible alternatives analysis in this 

FRFA and thus has taken this impact 

into account as required by the RFA. 

Comment: JPMA states that this rule 

would require significant costly changes 

to make products compliant. 

Response: JPMA did not provide 

quantitative estimates of supplier costs 

or consumer utility impacts to support 

a change in the burden estimates. The 

IRFA provided specific estimates of 

labor and materials costs for redesign. 

The scope of staff’s analysis of burden, 

as required by 5 U.S.C. 603, was the 

impact on small U.S. businesses, and 

none of the comments provided 

information to support changing the 

estimates of impact on small U.S. 

businesses. The Commission has, 

however, considered the significant 

impact on small entities in finalizing 

this rule. 

C. Issues Raised by the Small Business 

Administration 

The Small Business Administration 

(SBA) did not submit a comment on the 

proposed rule. 

D. Small Entities to Which the Rule 

Would Apply 

The SBA sets size standards for what 

constitutes a U.S. small business for the 

purpose of various Federal Government 

programs,34 750 employees for 

manufacturers (NAICS code 314120) 

and 100 to 150 employees for 

wholesalers (NAICS codes 424350, 

423990, and 424990).35 Based on staff’s 

assessment of prominent online and 

brick-and-mortar retail sources for 

infant support cushions in the Spring of 

2023, there appear to be more than 

2,000 suppliers of infant support 

cushions to the U.S. market, including 

small U.S. crafters, small importers, 

small manufacturers, and direct foreign 

shippers. Staff estimates that a 

significant number of these firms are 

small U.S. businesses based on the SBA 

thresholds cited above. 

E. Compliance, Reporting, Paperwork, 

and Recordkeeping Requirements of the 

Rule 

Suppliers will be required to comply 

with the performance requirements of 

the rule; provide a warning label, a 

consumer registration card, and user 

instructions; and conduct third-party 

testing to demonstrate compliance. 

Suppliers must demonstrate that they 

meet the performance requirements of 

the rule by providing certificates of 

compliance. As specified in 16 CFR part 

1109, suppliers who are not the original 

manufacturer, such as importers, 

wholesalers, and retailers may rely on a 

certificate of conformity provided by 

their suppliers. Suppliers must also 

provide product registration cards. 

Recordkeeping and compliance 

documentation do not require 

specialized expertise. CPSC’s public 

website provides instructions and 

examples for how to develop the 

certificates of compliance and product 

registration cards.36 Similarly, because 

the final rule provides the text and 

graphics for the required labels and 

instructions, specialized graphics design 

expertise will not be required to develop 

the warnings and instructions. 

F. Impact of the Rule on Small Entities 

The rule will likely have a significant 

impact on a substantial number of U.S. 

small entities, based on the estimated 

costs of modifying the product to 

achieve compliance, and the ongoing 

cost of testing to demonstrate 

compliance. Staff considers one percent 

of annual revenue to be a ‘‘significant’’ 


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37www.bls.gov/news.release/ecec.t02.htm. The 

estimated costs in the link reflect the employers’ 

cost for salaries, wages, and benefits for civilian 

workers. 

38As noted earlier, this estimate is slightly higher 

than the estimate in the IRFA, because the relevant 

labor rate as reported by the Bureau of Labor 

Statistics has risen since the NPR was published. 

economic impact on a company, 

consistent with economic analysis from 

other Federal Government agencies. 

Nearly all of the more than 2,000 

suppliers of infant support cushions to 

the U.S. are small entities, although 

their products often are not 

manufactured in United States. 

Most products on the market will 

require redesign to meet the 

requirements in the rule and no 

products on the market currently have 

the specific labels, customer registration 

forms, warnings, and third-party testing 

required by the rule. The effort required 

for a one-time redesign of a product is 

estimated to be 200 hours of 

professional staff time per model, 

including in-house testing of the 

prototypes and development of labels, 

customer registration forms, and 

instruction materials. Using the Bureau 

of Labor Statistics Employer Costs of 

Employee Compensation as of March 

2024 37 the estimated cost per model is 

$13,648, at a current cost for 

professional labor of $68.24 per hour, 

rounded for the purpose of analysis to 

$14,000 per model. Materials costs for 

prototyping are estimated to be 

minimal, likely under $1,000, given that 

pillows are typically made of fabric and 

stuffing materials. Third-party testing 

for infant support cushions will be an 

additional cost for all suppliers and is 

estimated to be between $600 and 

$1,100 per model, per year, depending 

on where the testing takes place and 

whether manufacturers’ associations or 

groups add infant support cushions to 

their certification programs to receive 

volume discounts for third-party testing. 

The total first year costs of redesign are 

estimated to be approximately $16,000 

per model ($14,000 for labor, $1,000 for 

materials, and $1,000 for third-party 

testing). 

Staff considers one percent of annual 

revenue to be a ‘‘significant’’ economic 

impact on a small business. Applying 

the one percent threshold to the 

estimated redesign and testing costs 

from this rule, the threshold for a small 

business that would incur a significant 

impact are those small firms with less 

than $1.6 million in revenue ($16,000 

costs ÷ 1 percent of revenue), assuming 

they only sell one product model. This 

cost estimate will scale with the number 

of different models each firm 

manufactures. With an estimated 2,000 

models from firms that sell to the U.S. 

needing to be redesigned, the total cost 

for the entire industry could be as high 

as $32 million for redesign in the first 

year after the rule is published.38

As suppliers will need to redesign 

their products to comply with this rule, 

both small and large companies may 

raise prices to cover costs. Given this 

uniformity, these costs would not 

necessarily place small businesses at a 

competitive disadvantage. JPMA, 

Boppy, and Heroes Technology 

questioned whether a small retail price 

increase would be acceptable to 

consumers, or could cover compliance 

costs, but these commenters did not 

provide an alternative quantitative 

estimate of compliance costs or probable 

retail price increases. 

In summary, given that all U.S. 

suppliers will have to redesign products 

to comply with this rule, and that these 

costs will likely be significant to many 

small businesses, this FRFA finds that 

this final rule will have a significant 

impact on a substantial number of U.S. 

small businesses. 

G. Other Federal Rules That May 

Duplicate, Overlap, or Conflict With the 

Final Rule 

CPSC has not identified any other 

Federal rules that duplicate, overlap, or 

conflict with the final rule. 

H. Alternatives Considered To Reduce 

the Impact on Small Entities 

The Commission considered 

alternatives to the final rule to reduce 

the impact on small businesses. The 

Commission considered using a public 

education campaign that would result in 

no regulatory impact on small 

businesses. However, given the 

education campaigns on safe sleep 

practices that CPSC and others have 

been undertaking for years, this 

approach would likely result in little to 

no mitigation of the current rates of 

deaths and injuries from infant support 

cushions. The Commission also 

considered allowing the voluntary 

standards process additional time to 

develop a voluntary standard to address 

the hazards posed by infant support 

cushions. However, there is no certainty 

that such a voluntary standard would be 

adopted, and a potential voluntary 

standard, if published, may not 

adequately address the identified 

hazards to infants. For example, the 

current ASTM draft voluntary standard 

for infant loungers would only cover 

infant loungers whereas the 

Commission’s rule covers all infant 

support cushions and has more 

stringent performance requirements and 

warnings. 

XIII. Paperwork Reduction Act 

This 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). 

The preamble to the NPR discussed the 

information collection burden of the 

proposed rule and specifically requested 

comments on the accuracy of CPSC’s 

estimates. 89 FR 2530 (January 16, 

2024). The NPR described the 

provisions of the proposed rule and 

provided an estimate of the annual 

reporting burden for the rule under the 

PRA. See 89 FR 2542. The estimated 

burden of this collection of information 

is unchanged from the NPR. CPSC did 

not receive any comments regarding the 

information collection burden in the 

NPR through OMB. OMB has assigned 

control number 3041–0202 to this 

information collection. 

XIV. 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, the preemption provision of 

section 26(a) of the CPSA apply to this 

final rule for infant support cushions. 

XV. 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 final rule for infant 

support cushions falls within the 

categorical exclusion. 


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XVI. Congressional Review Act 

The Congressional Review Act (CRA; 

5 U.S.C. 801–808) states that before a 

rule may take effect, the agency issuing 

the rule must submit the rule, and 

certain related information, to each 

House of Congress and the Comptroller 

General. 5 U.S.C. 801(a)(1). The CRA 

submission must indicate whether the 

rule is a major rule. The CRA states that 

the Office of Information and Regulatory 

Affairs determines whether a rule 

qualifies as a major rule. 

Pursuant to the CRA, OMB’s Office of 

Information and Regulatory Affairs has 

determined that this rule does not 

qualify as a major rule, as defined in 5 

U.S.C. 804(2). To comply with the CRA, 

CPSC will submit the required 

information to each House of Congress 

and the Comptroller General. 

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 amends 

chapter II of title 16 of the Code of 

Federal Regulations as follows: 

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: 15 U.S.C. 2063. 

■ 2. Amend § 1112.15 by adding 

paragraph (b)(57) to read as follows: 

§ 1112.15 When can a third party 

conformity assessment body apply for 

CPSC acceptance for a particular CPSC rule 

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 by adding 

paragraph (a)(20) to read as follows: 

§ 1130.2 Definitions. 

* * * * * 

(a) * * * 

(20) 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 pillows 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 May 5, 

2025, 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 in § 1243.2, 

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 

support cushion 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. This definition 

includes any removable covers, or 

slipcovers, sold on or together with an 

infant support cushion. 

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. 

Sidewall means any wall at the edge 

of the occupant support surface. 

§ 1243.3 General requirements. 

(a) Hazardous sharp edges or points. 

There shall be no hazardous sharp 

points or edges as determined by 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 determined by 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 

support cushion, as well as their means 

of attachment, shall comply with the 

applicable requirements of 16 CFR part 

1250. 

(e) 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. 

(f) 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). 


lotter on DSK11XQN23PROD with RULES1
87488 Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations 

(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). 

(g) 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). 

(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 3-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 Newtons (N). 

Figure 1 to paragraph (e)(1)—3-inch 

Head Probe 

(2) Sidewall firmness. For products 

with a sidewall, when the 3-inch 

diameter hemispherical head probe is 

applied according to the test method for 

sidewall firmness in § 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. 

For products with a sidewall, when the 

3-inch diameter hemispherical head 

probe is applied according to the test 

method for firmness at the intersection 

of sidewall and occupant support 

surface in § 1243.5(h), the force required 

for a one-inch displacement shall be 

greater than 10 N. 

(f) Sidewall angle. For products with 

a sidewall, the sidewall angle shall be 

greater than 90 degrees when 

determined according to the sidewall 

angle determination in § 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 1 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 

2 to this paragraph (c)) can be freely 

inserted through the opening. 


lotter on DSK11XQN23PROD with RULES1ER04NO24.003</GPH>

L 1-2in. J 

Recommended L.'.ength 

3-in. Hemispherical 

Surface, 
Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations 87489 

Figure 1 to paragraph (c)—Small Head 

Probe 

Figure 2 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 

assembly (figure 3 to this paragraph 

(d)(1)(ii)); 

BILLING CODE 6355–01–P 


lotter on DSK11XQN23PROD with RULES1ER04NO24.004</GPH> ER04NO24.005</GPH>

5.2 In. 

(132mm) 

l 

--- 5.71n. (14Smm)---

Base of Probe 

Handle 

4.31n. 

(109mm) 

_.,_ 

r,-----.......... --..... -dfN. 

------------f1i--> 

-- ----uaDJA---.... (3110nmi) 

1-4-----um.-.,----tH 

(230mm) 
87490 Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations 

Figure 3 to paragraph (d)(1)(ii)—Hinged 

Weight Gauge—Newborn, 

Requirements for Part Masses and 

Assembly 

(iii) Hinged weight gauge-newborn, 

requirements for part dimensions (figure 

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


lotter on DSK11XQN23PROD with RULES1ER04NO24.006</GPH>

3.378 ± .02 kg (7.447 ± .05 lb.) 

1 Upper Plate 2.275 kg 289.8 cmA3 

(5.116 lb) (17.68 jnA3) 

2 Lewer Plate 1.u, kg 137.4 cmA3 

(2.379 lb) (8.385 cmA3) 

3 Pin tU)24 kg 3.03 cmA3 

(0.153 Ill>) (D.185 inA3) 

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

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

,___--(27!>.4 [1U)O in])-----

..-----------(4(;2.0 [18.19 in])--~ 

□ 
Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations 87491 

Figure 4 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 5 

to this paragraph (d)(4)). 


lotter on DSK11XQN23PROD with RULES1ER04NO24.007</GPH>

2 

1 

12.79 [.510 In] 

:I 

~.35 Slip Flt I [.250} 

I 

0.8 [.83 In] Break Edges 

AIIAreuna I 6.36 [.251\l in] 

182.6 [7.19 In] (22.9 [.91\l inJ} 7.il,[.JH in] 

149.4 [ .Nin] 25.S[UUin] 

60.H [2.362 in] 

------------ -

183.6 [4.08 in) 

R3.2 [R.13 ln] 

R12.7 [R.59 in] 

·2PLC 

R15.D [R.59 in] 

-2 PLC i------(189.9 [7.44 in]1------1 

1,.6.351 [.251\l] 

.8 [.83.in] 

X45°CH 

3 17 

i]nlo] 

f!ii.35 Press Fit~ 12.70 [.508 In] 

[.251] 1.,1. _______ -_--_--_ -_--_--_ -_--_--,---t-f c-=-==-=-::=--..:. _____________ _,___~ 

I 

6.35 [.251 ill] u [.83 in] Break Eages 213.9 [8.42 in] 279.4 [11.H in] I r All Around 

~1.J__I .L,_____~::----~-----r 

nete 1 

56.8 [2.20 in] -------1 

l-'.---------t285.8 [11.25 in])----------i 

95.9 [3.78 in] 

63.5 [2.58 In] 
87492 Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations 

Figure 5 to paragraph (d)(4)—Test 

Fixture Configuration to Measure 

Incline Angle on an Infant Support 

Cushion Product 

(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) 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. 

(9) 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 3-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. For 

products sold with a slipcover on or 

together with the product, products 

shall be tested as assembled with the 

slipcover on the product. All products, 

including products one inch or less in 

thickness, are required to be tested. See 

figure 6 to this paragraph (f). 

(1) Orient the axis of the 3-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 


lotter on DSK11XQN23PROD with RULES1ER04NO24.008</GPH>

ASTM HINGED 

WEIGHT GAUGE 

-NEWBORN 

SEAT BIGHT 

LINE 

oss------

SIDEWALL 
Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations 87493 

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. 

Figure 6 to paragraph (f)—Test 

Configuration for Occupant Support 

Surface Firmness Test 

(g) Sidewall firmness test method. For 

products with a sidewall, 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 6 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. For 

products with a sidewall, perform the 

following steps to determine the 

intersection firmness of the product as 

received from the manufacturer (figure 7 

to this paragraph (h)). 

(1) Orient the axis of the 3-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. 


lotter on DSK11XQN23PROD with RULES1ER04NO24.009</GPH>

3-lN HEMISPHERICAL 

TEST PROBE 

OCCUPANT SUPPORT SURFACE 

TEST BASE 

lON 
87494 Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations 

Figure 7 to paragraph (h)—Test 

Configuration for Intersection of 

Sidewall and Occupant Support 

Surface Firmness 

(i) Sidewall angle determination. For 

products with a sidewall, 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 8 to this 

paragraph (i). 

(1) Orient the 3-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 3-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 3- 

inch head probe and the sidewall. 

(4) Determine a minimum of four 

sidewall angles at locations not to 

exceed 6-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 3-inch probe side and the 

sidewall. 

Figure 8 to paragraph (i)—Test Fixture 

Configuration for Sidewall Angle 

Measurement 


lotter on DSK11XQN23PROD with RULES1ER04NO24.010</GPH> ER04NO24.011</GPH>

------'r-3-IN HEMISPHERICAL 

TEST PRCIBE 

Q5l5 

~---TET BASE 

~-----INTERSECTION 

SIIDEWALL/1:JSS 

-----3-IN HEMJSPffERJQL 

TESTPRGE 

-

----TEST BASE 

------JNTERS£C110N 

SIDEWAU/GS'S 
Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations 87495 

(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 

attach a force gauge. See figure 9 to this 

paragraph (j)(1), or equivalent. 

(ii) A force gauge, accuracy +/¥ 0.5 

lbs (1.1 N). 

Figure 9 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 5 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) Suitable devices. 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) Torque test. Gradually apply a 4 

lbs-in (0.4 N–m) torque over 5 seconds 

in a clockwise rotation to 180 degrees or 

until 4 lbs-in 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) Tension test. For components that 

can reasonably be grasped between 

thumb and forefinger, or teeth, apply a 

15 lbs (67 N) force over 5 seconds, in a 

direction to remove the component. 

Maintain for 10 seconds. A clamp such 

as shown in figure 10 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 10 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 


lotter on DSK11XQN23PROD with RULES1ER04NO24.012</GPH> ER04NO24.013</GPH>

0 
87496 Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations 

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 

(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(R2017) 

(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. See note 1 to 

§ 1243.8(a) for ANSI contact information. 

(5) The safety alert symbol and the 

signal word ‘‘WARNING’’ shall be at 

least 0.2 inches (5 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 shall have the 

following text layout requirements: 

(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. 

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. 

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

of Left-Aligned Text 

Note 4 to figure 1 to paragraph (d)(6): The 

text shown for the warnings in figure 1 to this 

paragraph (d)(6) is filler text, known as lorem 

ipsum, commonly used to demonstrate 

graphic elements. 

(7) All infant support cushions are 

required to contain a warning with the 

content and format depicted in this 

section as figure 2 (for products without 

tummy time) or figure 3 (if the product 

has a tummy time feature) to this 

paragraph (d)(7). 


lotter on DSK11XQN23PROD with RULES1ER04NO24.014</GPH>
Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations 87497 

Figure 2 to paragraph (d)(7)—Warning 

for Product Without Tummy Time 

Figure 3 to paragraph (d)(7)—Warning 

for Tummy Time Product 

(e) Warning statements. Each product 

shall contain the warning statements 

shown on figure 2 (for products without 

tummy time) or figure 3 (if the product 

has a tummy time feature) to paragraph 

(d)(7) of this section, at a minimum. 

Slipcovers sold on, or together with the 

product, shall contain the warning 

statement shown on figure 2 or 3 to 

paragraph (d)(7) of this section, as 

applicable. 

§ 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 


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USING THIS PRODUCT FOR SLEEP OR NAPS CAN KILL. 

Babies can turn over or roll out without warning and CAN 

SUFFOCATE in only a few minutes. 

• Only use on the floor with baby on back, face-up. 

• Stay near and watch baby during use. 

• Do not use on soft surfaces or in sleep products like cribs 

or bassinets. Keep blankets and other soft items out of and 

away from product. 

• If baby falls asleep, move baby to infant sleep product, such 

as a crib or bassinet. 

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. 

USING THIS PRODUCT FOR SLEEP OR NAPS CAN KILL. 

Babies can turn over or roll out without warning and CAN 

SUFFOCATE in only a few minutes. 

• Use on the floor with baby on back, face-up. Put baby on 

back after Tummy Time. 

• Stay near and watch baby during use. 

• Do not use on soft surfaces or in sleep products like cribs 

or bassinets. Keep blankets and other soft items out of and 

away from product. 

• If baby falls asleep, move baby to infant sleep product, such 

as a crib or bassinet. 

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. 
87498 Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations 

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 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 section 6.4 and sections 7.2– 

7.6.3 of ANSI Z535.4–2011(R2017) 

(incorporated by reference, see § 1243.8) 

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) National Electrical Manufacturers 

Association (NEMA), 1300 17th St. N, 

Arlington, VA 22209; phone: (703) 841– 

3200; website: www.nema.org. 

(1) ANSI Z535.4–2011(R2017), 

American National Standard for 

Product Safety Signs and Labels, 

approved October 20, 2017; approved 

for §§ 1243.6 and 1243.7. 

(2) [Reserved] 

Note 1 to paragraph (a): NEMA standards 

are also available from the American 

National Standards Institute (ANSI), which 

provides a free, read-only copy of the 

standard at https://ibr.ansi.org/Standards/ 

nema.aspx. Contact ANSI by mail at 

American National Standards Institute, 25 

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

10036, USA; phone: (212) 642–4900; website: 

www.ansi.org. 

(b) ASTM International (ASTM), 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 February 1, 2023; 

approved for § 1243.5. 

(2) [Reserved] 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2024–25181 Filed 11–1–24; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2024–0745] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Sacramento River, Rio Vista, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule with 

request for comments. 

SUMMARY: The Coast Guard is 

temporarily modifying the operating 

schedule that governs the draw of the 

California Department of Transportation 

Rio Vista (State Route 12) highway 

bridge across the Sacramento River, 

mile 12.8, at Rio Vista, CA. This action 

is necessary to allow the bridge owner 

to complete rehabilitation of the bridge. 

DATES: This temporary interim rule is 

effective from November 4, 2024 

through 5 p.m. on August 29, 2025. 

Comments and related material must 

reach the Coast Guard on or before 

December 4, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type the docket 

number (USCG–2024–0745) in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. In 

the Document Type column, select 

‘‘Supporting & Related Material’’. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

interim rule, call or email Carl Hausner, 

Chief, Bridge Section, Eleventh Coast 

Guard District; telephone 510–219– 

4366, email D11Bridges@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

Caltrans California Department of 

Transportation 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

MHW Mean High Water 

NOTD Notice of Temporary Deviation 

NPRM Notice of proposed rulemaking 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary interim rule without prior 

notice and opportunity to comment 

pursuant to authority under the 

authority in 5 U.S.C. 553(b)(B). This 

provision authorizes an agency to issue 

a rule without prior notice and 

opportunity to comment when the 

agency for good cause finds that those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ The Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable and contrary to the public 

interest due to Caltrans Headquarters 

continuing to add projects to the 

ongoing rehabilitation project, which 

will require extending the length of time 

for advance notice for opening the span. 

The current NOTD expires November 1, 

2024 and the Coast Guard cannot add 

additional dates to that NOTD because 

it will extend the NOTD beyond the 

allowed 180 days. The continuation of 

the temporary deviation is necessary for 

the safety of the work crews on the 

bridge. 

Also, under 5 U.S.C. 553(d)(3), the 

Coast Guard finds that good cause exists 

for making this rule effective less than 

30 days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable and 

contrary to the public interest because 

Caltrans has allocated funds for 

additional rehabilitation work on the 


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