```

[Federal Register Volume 78, Number 97 (Monday, May 20, 2013)]
[Proposed Rules]
[Pages 29279-29289]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11638]

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1112 and 1227

[Docket No. CPSC-2013-0019]

Safety Standard for Carriages and Strollers

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Danny Keysar Child Product Safety Notification Act, 
Section 104 of the Consumer Product Safety Improvement Act of 2008 
(CPSIA), requires the United States Consumer Product Safety Commission 
(Commission or CPSC) to promulgate consumer product safety standards 
for durable infant or toddler products. These standards are to be 
``substantially the same as'' applicable voluntary standards or more 
stringent than the voluntary standard if the Commission concludes that 
more stringent requirements would further reduce the risk of injury 
associated with the product. The Commission is proposing a safety 
standard for carriages and strollers in response to the direction under 
Section 104(b) of the CPSIA.

DATES: Submit comments by August 5, 2013.

ADDRESSES: Comments related to the Paperwork Reduction Act aspects of 
the marking, labeling, and instructional literature of the proposed 
rule should be directed to the Office of Information and Regulatory 
Affairs, OMB, Attn: CPSC Desk Officer, FAX: 202-395-6974, or

[[Page 29280]]

emailed to oira_submission@omb.eop.gov.
    Other comments, identified by Docket No. CPSC-2013-0019, may be 
submitted electronically or in writing:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: http://www.regulations.gov. Follow the 
instructions for submitting comments. The Commission does not accept 
comments submitted by electronic mail (email), except through 
www.regulations.gov. The Commission encourages you to submit electronic 
comments by using the Federal eRulemaking Portal, as described above.
    Written Submissions: Submit written submissions in the following 
way: Mail/Hand delivery/Courier (for paper, disk, or CD-ROM 
submissions), preferably in five copies, to: Office of the Secretary, 
Consumer Product Safety Commission, Room 820, 4330 East West Highway, 
Bethesda, MD 20814; telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and docket number for this proposed rulemaking. All comments received 
may be posted without change, including any personal identifiers, 
contact information, or other personal information provided, to: http://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
that you do not want to be available to the public. If furnished at 
all, such information should be submitted in writing.
    Docket: For access to the docket to read background documents or 
comments received, go to: http://www.regulations.gov, and insert the 
docket number, CPSC-2013-0019, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Rana Balci-Sinha, Project Manager, 
Division of Human Factors, Directorate for Engineering Sciences, 
Consumer Product Safety Commission, 5 Research Place, Rockville, MD 
20850; telephone: 301-987-2584; email: rbalcisinha@cpsc.gov.

SUPPLEMENTARY INFORMATION:

I. Background and Statutory Authority

    The Consumer Product Safety Improvement Act of 2008 (CPSIA, Pub. L. 
110-314) was enacted on August 14, 2008. Section 104(b) of the CPSIA, 
part of the Danny Keysar Child Product Safety Notification Act, 
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. These standards are 
to be ``substantially the same as'' applicable voluntary standards or 
more stringent than the voluntary standard if the Commission concludes 
that more stringent requirements would further reduce the risk of 
injury associated with the product. The term ``durable infant or 
toddler product'' is defined in section 104(f)(1) of the CPSIA as ``a 
durable product intended for use, or that may be reasonably expected to 
be used, by children under the age of 5 years.''
    In this document, the Commission is proposing a safety standard for 
carriages and strollers. ``Strollers'' are specifically identified in 
section 104(f)(2)(I) of the CPSIA as a durable infant or toddler 
product. Pursuant to Section 104(b)(1)(A), the Commission consulted 
with manufacturers, retailers, trade organizations, laboratories, 
consumer advocacy groups, consultants, and members of the public in the 
development of this proposed standard, largely through the ASTM 
process. The proposed rule is based on the voluntary standard developed 
by ASTM International (formerly the American Society for Testing and 
Materials), ASTM F833-13, ``Standard Consumer Safety Specification for 
Carriages and Strollers'' (ASTM F833-13), with a proposed additional 
requirement and test method to address scissoring, pinching, or 
shearing hazards at the hinge link of 2D fold strollers. ASTM F833-13 
includes carriages as well as strollers, as well as convertible 
carriages/strollers. Accordingly, the proposed rule would cover all of 
these product types. The ASTM standard is copyrighted, but it can be 
viewed as a read-only document during the comment period on this 
proposal only, at: http://www.astm.org/cpsc.htm, by permission of ASTM.

II. Product Description

A. Definition of Carriage and Stroller

    ASTM F833-13 ``Standard Consumer Safety Performance Specification 
for Carriages and Strollers'' defines a ``stroller'' as a wheeled 
vehicle to transport children usually from infancy to 36 months of age. 
Children are transported generally in a sitting-up or semi-reclined 
position. The motive power is supplied by a person moving at a walking 
rate while pushing on a handle attached to the stroller. Carriages, on 
the other hand, are wheeled vehicles to transport an infant usually in 
a lying down position. Thus, the principal difference between strollers 
and carriages is the position of the occupant. Both carriages and 
strollers may be capable of being folded for storage. Umbrella 
strollers are lightweight, compact when folded, and may lack certain 
accessories such as baskets underneath the seat or cup holders for the 
caregiver. Strollers that fold in two dimensions, the height and length 
are called ``2D'' strollers. Strollers that collapse in all three 
dimensions--height, length, and width--resulting in a smaller folded 
package than 2D strollers are called ``3D'' strollers. Other types of 
strollers include travel systems that accommodate an infant car seat on 
a stroller. If a stroller is intended to be used at a jogging rate, 
then it is called a jogging stroller. Some products can be used as both 
strollers and carriages (convertible carriages/strollers). Convertible 
carriages or strollers are intended to be converted by the owner to be 
used as a carriage or a stroller. Some strollers incorporate automatic 
or assisted folding and unfolding mechanisms.

B. Market Description

    The majority of carriages/strollers are produced and/or marketed by 
juvenile product manufacturers and distributors. CPSC staff believes 
that there are currently at least 86 suppliers of carriages/strollers 
to the U.S. market. Thirty-four are domestic manufacturers, 33 are 
domestic importers, and the supply sources of seven domestic firms are 
unknown. In addition, 12 foreign firms supply strollers to the U.S. 
market--six foreign manufacturers, two firms that import products from 
foreign companies and distribute them from outside of the United 
States, two foreign retailers that ship directly to the United States, 
and two firms with unknown supply sources.
    According to a 2005 survey conducted by the American Baby Group 
(2006 Baby Products Tracking Study), nearly all new mothers (99 
percent) own at least one stroller. Based on data from the survey, 
nearly 4.1 million strollers are owned by new mothers, and there would 
be an estimated 9.1-11.2 million households with strollers available 
for use annually (4.1 million x .99 x 2.25 to 4.1 million x .99 x 
2.75). Approximately 26 percent of strollers were handed down or 
purchased secondhand. Thus, about 74 percent of strollers were acquired 
new, and approximately 3 million strollers are sold to households 
annually (.99 x .74 x 4.1 million births

[[Page 29281]]

per year). Strollers can cost anywhere between $20 to $1,200, depending 
upon the type and brand. On average, umbrella strollers tend to be the 
least expensive (around $25-$50 for the least costly versions); and 
most other strollers cost around $150-$300, with many carriages, travel 
systems, and jogging strollers costs running in the $500-$700 range. 
Strollers generally are used during a child's first two years, with 
some caregivers continuing to use strollers into the third year. 
Although CPSC staff does not know the proportion of consumers who 
continue to use strollers into the third year, CPSC staff believes that 
approximately 25-75 percent may do so.

III. Incident Data

    The incident data was reviewed for carriages, strollers, and 
convertible carriages/strollers. There have been only a few incidents 
with no reported injuries associated with carriages, and CPSC staff has 
not identified any carriage-specific hazards. Accordingly, the incident 
data focuses on strollers. CPSC's Directorate for Epidemiology, 
Division of Hazard Analysis, is aware of a total of 1,207 incidents 
related to strollers reported from January 1, 2008 through December 31, 
2012. The age range for the data extracted includes children 4 years 
old or younger (or unreported/unknown). Four incidents involved a 
fatality, and 1,203 incidents were nonfatal.

A. Fatalities

    Four stroller-related fatalities were reported to CPSC from January 
1, 2008 through December 31, 2012. Two of the incidents were related to 
insufficient clearance space between stroller components: in the first 
fatal incident, a 5-month old infant's head became entrapped between 
the seat and tray; in the second incident, a 5-month-old infant's head 
was wedged between the car seat of a travel system and a metal bar 
located under the cup holder. In the third fatal incident, the stroller 
collapsed onto a 4-year-old child, resulting in compressional 
asphyxiation. The fourth fatal incident occurred when the stroller fell 
off of a dock and into a bay, which resulted in the child drowning. 
However, that incident lacked sufficient details to determine if the 
fatality was product related.

B. Nonfatalities

    A total of 1,203 stroller-related nonfatal incidents were reported 
from January 1, 2008 through December 31, 2012. Of the nonfatal 
incidents, 359 resulted in an injury. Seventy-two of the nonfatal 
injuries were related to hinges; wheel-related issues resulted in 52 
reported injuries; while locking mechanism failures were associated 
with 42 reported injuries. A total of 70 incidents resulted in moderate 
and severe injuries, such as lacerations requiring stitches, tooth 
extractions, fractures, head injuries, and partial amputations of 
fingers.

C. Hazard Pattern Identification

    CPSC staff considered all of the fatal and nonfatal reported 
incidents to identify hazard patterns associated with strollers. The 
hazard patterns were grouped into the following categories:
    Wheel issues were the most commonly reported hazard, with a total 
of 429 incidents (36 percent of the 1,207 incidents). The major hazard 
patterns included broken wheel rim, wheel detachment, and a burst tire. 
A total of 52 reported injuries occurred, including two 
hospitalizations due to falls that resulted in a bone fracture and head 
concussion.
    Parking brake problems related to parking brake failure or assembly 
resulted in 132 incidents, including eight injuries. Incidents 
typically occurred when the parking brakes were assumed to be 
functional after setting them, but the stroller rolled away and struck 
an object.
    Lock mechanism issues resulting in unexpected collapse of the 
stroller accounted for 121 incidents. One fatality was reported where 
the partially erected, unlatched stroller collapsed onto the child when 
he climbed into the seat, resulting in compressional asphyxiation. A 
total of 42 injuries were reported in this category, including two 
hospitalizations, one due to a fall that resulted in a skull fracture 
and the second due to the collapse of the stroller, resulting in an 
amputated finger.
    Restraint issues, such as a child unbuckling the restraint, 
restraint breakage or detachment, and restraints that are too loose 
were reported in 83 incidents, resulting in 29 injuries.
    Hinge issues were reported in 75 incidents, resulting in 72 
injuries. This is the highest injury rate of any stroller hazard 
category. Most of the hinge-related injuries occurred when a caregiver 
was unfolding the stroller for use and the child was climbing into the 
stroller. Reported injuries involved pinched, lacerated, or amputated 
fingers or arms, including one hospitalization for reattachment of a 
finger.
    Structural integrity-related issues, such as failure or malfunction 
of various structural components (e.g., frame, attachment points for 
the seat, footrest, and sunshades) resulted in 63 incidents. A total of 
16 injuries were reported in this category, including one 
hospitalization due to a fall, which resulted in bleeding gums.
    Stability/tip-over issues resulted in 58 incidents, including 24 
reported injuries resulting mostly from falls.
    Clearance issues between certain components of a stroller, such as 
seat and handlebar, basket, canopy, tray, or frame, between the 
footrest and wheel or between the car seat and handlebar resulted in 38 
incidents including 19 injuries. Two fatalities were reported in this 
category. In the first incident, a 5-month-old victim's head was 
trapped between the edge of the car seat and a metal bar located right 
under the cup holder. In the second incident, a 5-month-old child had 
his head trapped in the opening between the stroller seat and tray.
    Car seat attachment-related issues, including the car seat 
detaching, not locking, or tipping over, resulted in 35 incidents. Most 
of the incidents resulted in no injury, and five resulted in minor 
injuries, such as bumps.
    Canopy-related issues were involved in 24 incidents and resulted in 
18 injuries. Sixteen injuries were due to canopy folds, where the 
child's finger was caught. One injury required hospitalization where a 
child's finger was reattached. Other hazards included cords that are 
attached to canopies, resulting in strangulation hazards and 
attachments with sharp edges or small parts.
    Handlebar issues were involved in 21 incidents, resulting in seven 
injuries. One injury required hospitalization after a child's finger 
was caught in a reversible handle hinge and was amputated. Eleven 
incidents were the result of broken handlebars.
    Seat-related issues, such as seat fabric tear resulted in 19 
incidents including 4 injuries.
    Sharp points or edges resulted in 18 incidents with 16 injuries.
    Tray-related issues, such as breakage, detachment, or malfunction 
resulted in 14 incidents, including 11 injuries, eight involving 
fingers.
    Unspecified category includes stroller-related incidents lacking 
sufficient information to determine the cause. There were 32 reported 
incidents in this category, including 21 injuries and one fatality. The 
fatal incident involved a stroller falling off of a dock and into a bay 
that resulted in a victim drowning. There were two hospitalizations: 
The first incident involved a child falling into a lake while strapped 
in his stroller, and the second

[[Page 29282]]

incident involved a child falling off of his stroller at his home.
    Miscellaneous problems, including strap detachment, logo 
detachment, rust, lead, tearing material, and jump seat detachment were 
involved in 40 incidents, including 15 with reported injuries. In 15 
incidents, a child was choking on a toy accessory or tag that had been 
removed from the product. Five of the injuries resulted in unexpected 
detachment of jump seats while in use.
    In some cases, older children (5 years of age or older) and adults 
also got injured on the stroller. Strollers are not self-propelled and 
remain stationary until pushed by a person other than the occupant. 
Caregivers are also involved in setting up the stroller (e.g., folding, 
unfolding, removing the stroller from the trunk, and pumping air into 
the stroller tire). Caregiver involvement requires a different set of 
interactions with the stroller and poses various risks. There were 78 
reported stroller incidents that involved children older than 4 and 
adults: 20 of these injuries were moderate and severe. Out of 78 
incidents, 72 involved victims between 17 and 64 years of age. Seventy-
four incidents resulted in injuries, mostly to the fingers.
    In addition, there were five consumer complaint reports with no 
incidents or injuries.

D. NEISS Data

    In addition to the 1,207 incident reports received by the 
Commission, we estimated the number of injuries treated in U.S. 
hospital emergency departments using the CPSC's National Electronic 
Injury Surveillance System (NEISS). Over a 4-year-period, a total of 
46,200 stroller-related injuries were treated in U.S. hospital 
emergency departments from January 2008 through December 2011. Because 
CPSC's NEISS data for 2012 is not yet finalized, only partial estimates 
for 2012 are available. There was no statistically significant increase 
or decrease observed in the estimated injuries from one year to the 
next, nor was there any statistically significant trend observed over 
the 4-year period from 2008 to 2011.
    No fatalities were reported through NEISS. Most of the injuries 
(94%) were treated and released. Most of the incidents were related to 
falls on or off the stroller. A breakdown of the characteristics among 
the emergency department-treated injuries associated with strollers is 
presented in the bullets below:

 Injured body part--head (51%), face (24%), mouth (9%), finger 
(5%); and
 Injury type--internal organ injury (36%), contusions/abrasions 
(24%), laceration (18%).

E. Product Recalls

    Between January 1, 2008 and December 31, 2012, there were 29 
recalls involving 6.82 million strollers and 15 different firms. The 
recalls related to incidents involving finger injuries, strangulation 
hazards, brake failures, choking hazards, and fall hazards. Additional 
information on these recalls can be found in staff's briefing package 
on the Commission's Web site at: www.cpsc.gov or www.saferproducts.gov.

IV. Other Standards

A. International Standards

    CPSC staff reviewed the performance requirements of the current 
ASTM standard, ASTM F833-13, to the performance requirements of other 
standards, including those from Canada, the European Union (EU), and 
Australia/New Zealand. Strollers and carriages are regulated products 
in Canada that must meet the requirements published by Health Canada in 
April 1985, SOR/85-379, Carriages and Strollers Regulations. Although 
Canada's regulation has no requirements that address head entrapment or 
buckle release, the Canadian restraint system strength requirements are 
more severe than those in ASTM F833-13. The stroller standard in 
Europe, published in March 2012, is EN 1888:2012, Child care articles--
Wheeled child conveyances--Safety requirements and test methods, also 
does not contain requirements that address head entrapment or buckle 
release. However, the EN 1888 standard requires fatigue tests in 
several places to evaluate the durability of attachment points and 
locks/latches. The standard that covers stroller safety in Australia 
and New Zealand, published on December 14, 2009, AS/NZS 2088:2009 Prams 
and strollers--Safety requirements, is a very thorough and stringent 
stroller standard. However, the standard lacks a head entrapment test 
and a dynamic scissoring, shearing, and pinching test. This standard 
also requires fatigue tests to evaluate the durability of attachment 
points and locks/latches, similar to those found in EN 1888.
    CPSC staff evaluated the requirements of the international 
standards and determined that the current ASTM F833-13 standard is the 
most comprehensive of the standards to address the incident hazards 
associated with strollers. Although some individual requirements in 
international standards are more stringent than ASTM F833-13, based on 
the current hazard patterns identified in the incident reports, CPSC is 
not proposing to adopt additional requirements at this time, with the 
exception of the proposed performance requirement and test procedure to 
address scissoring, shearing, and pinching hazards associated with 2D 
fold strollers. However, CPSC staff will continue to monitor hazard 
patterns and recommend future changes, if necessary.

B. Voluntary Standard--ASTM F833

1. History of ASTM F833
    ASTM F833, ``Standard Consumer Safety Performance Specification for 
Carriages and Strollers,'' establishes safety performance requirements, 
test methods, and labeling requirements to minimize the hazards to 
children presented by carriages and strollers. ASTM first published a 
consumer product safety standard for strollers in 1983. It has been 
revised 20 times in the past 29 years, with six revisions in the past 5 
years. By the end of 2008, the majority of the general requirements 
were in place, including the following:
     Latching mechanisms must resist unintentional folding when 
a 45 lb. force is applied five times in an attempt to fold the product 
without releasing a latch;
     Toy accessories must meet the requirements of ASTM F963, 
Standard Consumer Safety Specification for Toy Safety; and
     Several general requirements common to ASTM standards, 
including: hazardous points and edges; small parts; paint and surface 
coatings; wood being smooth and free of splinters; holes and slots that 
could trap a child's finger; exposed coil springs; warning label 
permanency; and retention of protective components.
    In addition, eight performance requirements were included in ASTM 
F833-08:
     Parking Brake--A parking brake must be provided and the 
braked wheels shall not rotate more than 90[deg] when tested on a 
12[deg] incline.
     Static Load--A stroller shall support a weight of 100 lbs. 
or 2.5 times the manufacturer-recommended maximum weight in each 
individual seating area. A combination unit of a car seat on a stroller 
must support a 50-lb. weight.
     Stability--The product with a 17-lbm. CAMI dummy shall not 
tip over when placed on a 12[deg] incline and shall not tip forward 
when a 40 lb. force is applied downward where a child would likely step 
to climb into the stroller.

[[Page 29283]]

     Restraining System--A three-point restraint system (waist 
and crotch) must be present and may not detach, nor may the adjusting 
elements permit slippage more than 1 in. when tested as follows:
    a. Apply 45-lb. force to each anchoring point.
    b. Insert CAMI infant dummy, secure restraints, and pull a leg with 
45-lbs. of force five times.
     Occupant Retention--A wall surrounding all sides above the 
floor of the occupant space shall not permit the passage of a 3-in. 
diameter probe.
     Combination Unit of a Car Seat on a Stroller--This section 
lists the specific requirements combination frame/car seat products 
must meet to eliminate omissions due to differing interpretations of 
the standard.
     Impact Test--The product shall not become damaged, and the 
car seat may not become completely separated from the frame, with 40 
lb. (or maximum recommended weight) secured by the restraint system in 
each seating area, then allowed to roll 40 in. down a 20[deg] slope 
into a rigid steel stop.
     Passive Containment/Foot Opening--Products with a tray or 
grab bar in front of the occupant that creates an opening that could 
potentially trap a child's head are not permitted. If the opening 
permits the passage of a 3.0 in. x 5.5 in. torso probe, it must also 
permit the passage of an 8.0-in. diameter head probe sphere.

Minor changes to the standard were made from 2008 through 2011. In 
addition to editorial alterations and clarifications, the 2009 revision 
(F833-09) excluded self-propelled products, including tricycles with 
push handles. The next revision, published in May 2010 (F833-10), added 
rotating seats to the stability test, and more importantly, made the 
impact test more stringent. In addition, the detachment of any car seat 
attachment point from a stroller frame would constitute a failure of 
the impact test. The 2011 version of the standard added a requirement 
specifying the text size for instructional literature warnings.
2. Description of the Current Voluntary Standard--ASTM F833-13
    Since 2011, CPSC staff has worked with ASTM stakeholders in task 
groups to develop new requirements and improve certain requirements to 
address the hazards identified in the incident data. With the exception 
of a proposed performance requirement and test procedure to address 
scissoring, shearing, and pinching hazards associated with 2D fold 
strollers, CPSC finds that ASTM F833-13 will address the hazards 
identified in the incident data. This section discusses how each hazard 
pattern described is addressed in the current voluntary standard ASTM 
F833-13.
    Wheel Issues--A new performance requirement addresses the wheel 
detachment hazard pattern. This requirement verifies the strength with 
which wheels are attached to the stroller. A wheel detachment test is 
applied to non-swivel wheels and swivel wheels, as well as to the 
wheels that are intended to be detached from a removable wheel fork 
assembly. A new warning label is also required on the front wheel fork, 
alerting the user to a possible tip-over hazard if the wheel is not 
attached securely. In addition, new warning labels are required for 
three-wheeled strollers, if the front wheel is intended to be locked 
during running, jogging, or walking fast.
    Parking Brakes--ASTM F833-13 includes a modified performance 
requirement and associated test to address weak parking brakes. The 
improved requirement increases both the applied force (by approximately 
50%) and the number of repetitions, resulting in a more stringent 
parking brake system performance requirement.
    Lock Mechanism--A more stringent performance requirement requires 
the successful completion of a test that applies a force to the handle 
bars in a direction likely to break and disengage the folding latch 
system. This updated requirement will significantly reduce the hazard 
associated with weak lock/latch mechanisms.
    Restraint--The requirements included in the ASTM standard prior to 
the 2013 version addressed restraint system breakage, detachment, and 
poor fit failure modes. ASTM F833-13 adds a new requirement to reduce 
the ability of a child to escape by unbuckling the harness straps. The 
new requirement states that the buckle shall either have a single-
action release mechanism that does not release at a force less than 9 
lbf., or a buckle that consists of a double-action release mechanism.
    Hinges--The highest injury rate of any stroller hazard category 
arises from scissoring, pinching, or shearing at the hinge link of 2D 
and 3D strollers. Even though certain pinching and shearing hazards are 
addressed in the previous versions of the standard, this requirement 
applied only after the stroller was erected and secured. Incident data 
showed that the majority of the injuries occurred when the stroller was 
partially erected; therefore, a new requirement addressing the hazard 
during the unfolding action was necessary. ASTM F833-13 now includes a 
requirement to address the hinge link hazards on 3D fold strollers, but 
it still fails to address 2D fold strollers. The proposed rule would 
add a performance requirement and test method similar to the provisions 
for 3D fold strollers to address hinge link hazards on 2D fold 
strollers.
    Structural Integrity--ASTM F833-13 contains performance 
requirements that contribute to the general evaluation of structural 
integrity, including latching mechanisms, parking brake requirements, 
static load, stability, restraining system, and impact test.
    Stability/Tip Over--Performance requirements associated with 
stability have been strengthened in ASTM F833-13 to account for 
strollers that have rearward or swiveling seats that can face multiple 
directions. In addition, testing requirements for stability have been 
modified so that the test is executed to a more stringent stability 
performance requirement.
    Clearance--In addition to the preexisting requirement associated 
with evaluating the gap between the seat and front tray to prevent head 
entrapment, ASTM F833-13 requires a new entrapment test with a car seat 
on a stroller or convertible carriage/stroller. This additional 
requirement addresses the fatality scenario in which a child was found 
suspended between the foot end of a car seat and a metal bar under the 
cup holder tray.
    Car Seat Attachment--ASTM F833-13 requires combination units to 
meet general requirements associated with latching, parking brakes, 
static load, and stability and tip over.
    Canopy--ASTM F833-13 includes a new performance requirement to 
address the scissoring, shearing, and pinching hazard caused by canopy 
pivots. In addition, the standard incorporates a new performance 
requirement to address the strangulation hazard associated with cords 
and straps within the ``occupant space,'' by eliminating cords or 
straps that can create a hazardous loop.
    Handlebar--ASTM F833-13 addresses the structural integrity of 
handlebar hinges and latches, the strength of metal frame, and handle 
grip structural integrity with an improved latch performance 
requirement.
    Seat--The separated seam failure mode is addressed by ASTM F833-13 
with the static load performance requirement. This requirement states 
that the seat shall support 100 lbs. or 2.5 times the manufacturer's 
recommended maximum weight, whichever is greater.
    Sharp Points or Edges--Sharp points and edges are addressed in ASTM 
F833-13.

[[Page 29284]]

    Tray--Most of the incidents associated with trays involve pinch 
hazards with the closing motion or gaps that entrap small fingers. 
Although ASTM F833-13 does not specifically address scissoring, 
shearing, and pinching hazards due to tray articulation, latching, and 
locking, it does include a general requirement for openings.
    Miscellaneous--Choking hazards are addressed by ASTM F833-13 in the 
small parts prohibition section, labeling section, as well as the toy 
accessories requirement.
    Older Children and Adults--The requirements added to or improved in 
ASTM F833-13, and the proposed new requirement and test method to 
address scissoring, shearing, and pinching hazards associated with 2D 
fold strollers, may address nearly half of the adult injury hazard 
patterns that were identified by CPSC staff.

IV. Proposed Change to ASTM F833-13

    Hinge issues were reported in 75 incidents, resulting in 72 
injuries. This is the highest injury rate of any stroller hazard 
category. Most of the hinge-related injuries resulted from scissoring, 
pinching, or shearing at the hinge link of 2D and 3D strollers. Most of 
the incidents occurred when a caregiver was unfolding the stroller for 
use and the child was climbing into the stroller. Reported injuries 
involved pinched, lacerated, or amputated fingers or arms, including 
one hospitalization for reattachment of a finger. Incident data show 
that the majority of the injuries occurred when the stroller was 
partially erected; therefore, a new requirement addressing the hazard 
during the unfolding action had to be developed. Although ASTM F833-13 
now includes a requirement addressing this hazard in the 3D fold 
strollers, it does not address 2D fold strollers. For 3D fold 
strollers, ASTM F833-13 requires that 3D saddle hinges must be 
constructed to prevent injury from scissoring, shearing, or pinching. 
The 3D fold test is dynamic. The stroller is partially unfolded so that 
the main side rail tubes are positioned 90[deg] to one another. Saddle 
hinge scissoring, shearing, and pinching conditions are checked for 
with the two probes (0.210-in. and 0.375-in. diameter) while opening 
the stroller into the manufacturer's recommended open and locked 
position.
    The proposed rule would add a performance requirement and test 
method similar to the provisions for 3D fold strollers to address 
scissoring, shearing, and pinching hazards associated with 2D fold 
strollers. The proposed new requirement would provide that the frame 
folding action of a stroller shall not create a scissoring, shearing, 
or pinching hazard when tested. The proposed new test is dynamic, like 
the saddle hinge test, and the test also determines if the hazard 
exists with the same two probes while the stroller is moved from a 
partially to the fully erect and locked position. Scissoring, shearing, 
or pinching that may cause injury exists when the edges of the rigid 
parts admit a 0.210-in diameter probe but do not admit a 0.375-in 
diameter probe when tested. Based on the incident data and 
anthropometric dimensions of the child occupant, the proposal defines 
an ``access zone'' that is easily accessible by a child. All hinges 
that are within the access zone must be checked for a scissoring, 
shearing, or pinching hazard while the stroller is moved from a 
partially to a fully erect and locked position. Adding this new 
performance requirement and test procedure would significantly reduce 
the risk of injury associated with the frame folding action.

V. Effective Date

    The Administrative Procedure Act (APA) generally requires that the 
effective date of the rule be at least 30 days after publication of the 
final rule. 5 U.S.C. 553(d). On April 7, 2012, CPSC staff received a 
letter from the Juvenile Products Manufacturers Association (JPMA), 
asking for an effective date of 24 months following publication of the 
carriage and stroller final rule. In that letter, JPMA stated that many 
challenges remain before implementing the new requirements, including 
design changes and revised product development schedules. The ASTM 
balloting process in February 2013 generated more recent comments 
regarding the effective date. Several manufacturers commented again on 
the need for additional time for compliance to address significant 
design and development redesign implementation. However, these 
commenters now request 18 months. The Commission is aware that 
significant revisions were made to the latest version of the standard 
requiring many modifications to carriages and strollers. Due to the 
complexity of stroller designs, and to allow time for manufacturers of 
carriage/stroller products to come into compliance, the Commission 
proposes that the standard become effective 18 months after publication 
of a final rule in the Federal Register. The Commission invites comment 
on whether 18 months is an appropriate length of time for carriage/
stroller manufacturers to come into compliance with the rule.

VI. Regulatory Flexibility Act

1. Introduction

    The Regulatory Flexibility Act (RFA) requires that proposed rules 
be reviewed for their potential economic impact on small entities, 
including small businesses. Section 603 of the RFA generally requires 
that agencies prepare an initial regulatory flexibility analysis and 
make it available to the public for comment when a general notice of 
proposed rulemaking is published. The initial regulatory flexibility 
analysis must describe the impact of the proposed rule on small 
entities and identify any alternatives that may reduce the impact. 
Specifically, the initial regulatory flexibility analysis must contain:
     A description of, and where feasible, an estimate of the 
number of small entities to which the proposed rule will apply;
     A description of the reasons why action by the agency is 
being considered;
     A succinct statement of the objectives of, and legal basis 
for, the proposed rule;
     A description of the projected reporting, recordkeeping, 
and other compliance requirements of the proposed rule, including an 
estimate of the classes of small entities subject to the requirements 
and the types of professional skills necessary for the preparation of 
reports or records; and
     Identification, to the extent possible, of all relevant 
federal rules which may duplicate, overlap, or conflict with the 
proposed rule.

2. Reason for Agency Action and Legal Basis for the Proposed Rule

    The Danny Keysar Child Product Safety Notification Act, section 104 
of the CPSIA, requires the CPSC to promulgate mandatory standards that 
are substantially the same as, or more stringent than, the voluntary 
standard for a durable infant or toddler product. CPSC staff worked 
closely with ASTM stakeholders to develop the new requirements and test 
procedures that have been incorporated into ASTM F833-13, which forms 
the basis of the proposed rule.

3. Other Federal Rules

    Section 14(a)(2) of the CPSA requires every manufacturer and 
private labeler of a children's product that is subject to a children's 
product safety rule to certify, based on third party testing conducted 
by a CPSC-accepted laboratory, that the product complies with all 
applicable children's product safety rules. Section 14(d)(2) of the

[[Page 29285]]

CPSA requires the Commission to establish protocols and standards, by 
rule, for among other things, ensuring that a children's product is 
tested periodically and where there has been a material change in the 
product, and for safeguarding against the exercise of undue influence 
on a conformity assessment body by a manufacturer or private labeler. A 
final rule implementing sections 14(a)(2) and 14(d)(2) of CPSA, Testing 
and Labeling Pertaining to Product Certification, 16 CFR part 1107, 
became effective on February 13, 2013 (the 1107 rule).
    Carriages and strollers will be subject to a mandatory children's 
product safety rule, so they will also be subject to the third party 
testing requirements of section 14 of the CPSA and the 1107 rule when 
the final rule and the notice of requirements become effective.

4. Impact on Small Businesses

    Approximately 86 firms currently supply carriages/strollers in the 
U.S. market. Under U.S. Small Business Administration (SBA) guidelines, 
a manufacturer is small if it has 500 or fewer employees, and importers 
and wholesalers are considered small if they have 100 or fewer 
employees. Based on these guidelines, about 51 suppliers are small 
firms--26 domestic manufacturers, 22 domestic importers, and three 
firms with unknown supply sources. There may be additional unknown 
small carriage/stroller suppliers operating in the U.S. market.
    Small Manufacturers. The expected impact of the proposed rule on 
small manufacturers will differ based on whether their carriages/
strollers are already compliant with ASTM F833-11. In general, firms 
whose carriages/strollers meet the requirements of ASTM F833-11 are 
likely to continue to comply with the voluntary standard as new 
versions are published. In addition, they are likely to meet any new 
standard before a final rule becomes effective. Many of these firms are 
active in the ASTM standard development process, and compliance with 
the voluntary standard is part of an established business practice.
    Meeting ASTM F833-13's requirements could necessitate product 
redesign for at least some carriages/strollers not believed to be 
compliant with ASTM F833-11 (7 of 26 small domestic manufacturers). A 
redesign would be minor if most of the changes involve adding straps 
and fasteners or using different mesh or fabric, but could be more 
significant if changes to the frame are required. Due to the complexity 
of carriages/strollers, a complete redesign of these products, 
including engineering time, prototype development, tooling, and other 
incidental costs, could exceed $1 million for the most complex models. 
Industry sources, including JPMA, note that new tooling alone could 
exceed $300,000 per product model. However, costs and development time 
are likely to vary widely across firms. Companies with substantial 
experience in manufacturing carriages/strollers should be able to 
complete redesigns more cost effectively than firms with less 
experience. Additionally, firms with numerous carriage/stroller models 
may experience lower costs because models could be redesigned as a 
group.
    The direct impact on manufacturers whose products are expected to 
meet the requirements of ASTM F833-13 (19 of 26 small domestic 
manufacturers) could be significant in some cases, due to the proposed 
2D frame folding requirement, as well as the relatively low revenues 
associated with many small manufacturers. While meeting this 
requirement could be as simple as replacing hinges or adding covers, 
this may not be a realistic alternative for some firms. According to 
one manufacturer, it is difficult to make added parts look cohesive 
with the original product, a quality that consumers might prefer. 
Therefore, some firms may need to develop new models, rather than try 
to create cohesive products by retrofitting older models. The majority 
of small manufacturers have at least one 2D stroller model; so it is 
possible that at least some will opt to redesign their existing 
noncompliant strollers.
    The direct costs of design/redesign on firms may be mitigated if 
the costs are treated as new product expenses that can be amortized, 
and the Commission is proposing an 18-month effective date to help 
reduce further the impact of the proposed rule. This would give firms 
additional time to develop new/modified products and spread costs over 
a longer time frame. It is possible that additional time beyond 18 
months may be required, however; and CPSC requests specific comments on 
alternative effective dates.
    In addition, once the rule becomes final and the notice of 
requirements is in effect, all manufacturers will be subject to the 
additional costs associated with the third party testing and 
certification requirements. This will include any physical and 
mechanical test requirements specified in the final rule; lead and 
phthalates testing is already required.
    CPSC staff estimates that testing to the ASTM voluntary standard 
could cost about $800-$1,000 per model sample. On average, each small 
domestic manufacturer supplies seven different models of carriages/
strollers to the U.S. market annually. Therefore, if third party 
testing were conducted every year on a single sample for each model, 
third party testing costs for each manufacturer would be about $5,600-
$7,000 annually. Based on a review of firm revenues, the impact of 
third party testing to ASTM F833-13 is unlikely to be significant if 
only one sample per model is required. However, if more than one sample 
would be needed to meet the testing requirements, it is possible that 
third party testing costs could have a significant impact on one or 
more of the small manufacturers.
    Small Importers. Most small importers of carriages/strollers 
currently in compliance with F833-11 (13 of 22 small domestic 
importers) would likely continue to comply with the standard as it 
evolves. Any increase in production costs experienced by their 
suppliers may be passed on to them. Given the possibility that even 
firms with compliant products may opt to design a new carriage/stroller 
rather than retrofit their existing models, the costs associated with 
the added 2D folding frame requirement could be significant for some 
firms, especially those that do not follow the ASTM standard 
development process (as is the case with at least one small importer of 
compliant strollers).
    Importers of carriages/strollers would need to find an alternate 
source if their existing supplier does not come into compliance with 
the requirements of the proposed rule (currently, nine importers of 
strollers may not be in compliance with F833-11). Some could respond to 
the rule by discontinuing the import of their noncomplying products, 
possibly discontinuing the product line altogether. The impact of such 
a decision could be mitigated by replacing the noncompliant carriage/
stroller with a compliant carriage/stroller or by deciding to import an 
alternative product in place of the carriage/stroller. However, some of 
these firms have few or no other products in their product line.
    Because many of these firms have low sales revenues and limited 
product lines apart from carriages/strollers and carriage/stroller 
accessories, it is possible that the proposed rule could have a 
significant impact on one or more importers. The proposed 18-month 
effective date would spread the costs of compliance over a longer 
period of time, mitigating the impact on all importers.
    As is the case with manufacturers, all importers will be subject to 
third party testing and certification requirements,

[[Page 29286]]

and consequently, will experience costs similar to those for 
manufacturers if their supplying foreign firm(s) does not perform third 
party testing. The resulting costs could have a significant impact on a 
few small importers who must perform the testing themselves, even if 
only one sample per model were required.
    Alternatives. Under the Danny Keysar Child Product Safety 
Notification Act, one alternative that would reduce the impact on small 
entities is to make the voluntary standard mandatory with no 
modifications. Doing so would eliminate the impact on the 19 small 
manufacturers and 13 small importers with compliant products. However, 
adopting the voluntary standard with no modifications may not 
substantially benefit firms with noncompliant products, as their 
carriages/strollers might still require redesign.
    The proposed 18-month effective date will allow suppliers 
additional time to modify and/or develop compliant carriages/strollers 
and spread the associated costs over a longer period of time. However, 
the Commission could opt to set an even later effective date. Doing so 
could reduce further the impact on affected firms. A third alternative 
would be to set an earlier effective date. However, setting an earlier 
effective date could increase the impact of the rule on small entities.

VII. Environmental Considerations

    The Commission's regulations address whether we are required to 
prepare an environmental assessment or an environmental impact 
statement. If our rule has ``little or no potential for affecting the 
human environment,'' it will be categorically exempted from this 
requirement. 16 CFR 1021.5(c)(1). The proposed rule falls within the 
categorical exemption.

VIII. Paperwork Reduction Act

    This proposed rule contains information collection requirements 
that are subject to public comment and review by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501-3521). In this document, pursuant to 44 U.S.C. 
3507(a)(1)(D), we set forth:
     A title for the collection of information;
     A summary of the collection of information;
     A brief description of the need for the information and 
the proposed use of the information;
     A description of the likely respondents and proposed 
frequency of response to the collection of information;
     An estimate of the burden that shall result from the 
collection of information; and
     Notice that comments may be submitted to the OMB.
    Title: Safety Standard for Carriages and Strollers
    Description: The proposed rule would require each stroller/carriage 
to comply with ASTM F833-13, Standard Consumer Safety Performance 
Specification for Carriages and Strollers. Sections 8 and 9 of ASTM 
F833-13 contain requirements for marking, labeling, and instructional 
literature. These requirements fall within the definition of 
``collection of information,'' as defined in 44 U.S.C. 3502(3).
    Description of Respondents: Persons who manufacture or import 
carriages and/or strollers.
    Estimated Burden: We estimate the burden of this collection of 
information as follows:

                                                       Table 1--Estimated Annual Reporting Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Number of       Frequency of     Total annual      Hours per       Total burden
                           16 CFR Section                              respondents       responses        responses         response          hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
1227...............................................................              86                6              516                1              516
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Our estimates are based on the following:
    Section 8.1.1 of ASTM F833-13 requires that the name and the place 
of business (city, state, mailing address, including zip code, or 
telephone number) of the manufacturer, distributor, or seller be marked 
clearly and legibly on each product and its retail package. Section 
8.1.2 of ASTM F833-13 requires a code mark or other means that 
identifies the date (month and year, as a minimum) of manufacture.
    There are 86 known entities supplying strollers/carriages to the 
U.S. market. All 86 firms are assumed to use labels already on both 
their products and their packaging, but they might need to make some 
modifications to their existing labels. The estimated time required to 
make these modifications is about 1 hour per model. Each entity 
supplies an average of six different models of strollers/carriages; 
therefore, the estimated burden associated with labels is 1 hour per 
model x 86 entities x 6 models per entity = 516 hours. We estimate the 
hourly compensation for the time required to create and update labels 
is $27.12 (U.S. Bureau of Labor Statistics, ``Employer Costs for 
Employee Compensation,'' December 2012, Table 9, total compensation for 
all sales and office workers in goods-producing private industries: 
http://www.bls.gov/ncs/). Therefore, the estimated annual cost to 
industry associated with the labeling requirements is $13,993.92 
($27.12 per hour x 516 hours = $13,993.92). There are no operating, 
maintenance, or capital costs associated with the collection.
    Section 9.1 of ASTM F833-13 requires instructions to be supplied 
with the product. Carriages/strollers are products that generally 
require assembly, and products sold without such information would not 
be able to compete successfully with products supplying this 
information. Under the OMB's regulations (5 CFR 1320.3(b)(2)), the 
time, effort, and financial resources necessary to comply with a 
collection of information that would be incurred by persons in the 
``normal course of their activities'' are excluded from a burden 
estimate, where an agency demonstrates that the disclosure activities 
required to comply are ``usual and customary.'' Therefore, because we 
are unaware of carriages/strollers that generally require some 
installation, but lack any instructions to the user about such 
installation, we tentatively estimate that there are no burden hours 
associated with section 9.1 of ASTM F833-13 because any burden 
associated with supplying instructions with carriages/strollers would 
be ``usual and customary'' and not within the definition of ``burden'' 
under the OMB's regulations.
    Based on this analysis, the proposed standard for strollers and 
carriages would impose a burden to industry of 516 hours at a cost of 
$13,993.92 annually.
    In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Sec.  3507(d)), we have submitted the information collection 
requirements of this rule to the OMB for review.

[[Page 29287]]

Interested persons are requested to submit comments regarding 
information collection by June 19, 2013, to the Office of Information 
and Regulatory Affairs, OMB (see the ADDRESSES section at the beginning 
of this notice).
    Pursuant to 44 U.S.C. 3506(c)(2)(A), we invite comments on:
     Whether the collection of information is necessary for the 
proper performance of the CPSC's functions, including whether the 
information will have practical utility;
     The accuracy of the CPSC's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;
     Ways to enhance the quality, utility, and clarity of the 
information to be collected;
     Ways to reduce the burden of the collection of information 
on respondents, including the use of automated collection techniques, 
when appropriate, and other forms of information technology; and the 
estimated burden hours associated with label modification, including 
any alternative estimates.

IX. Preemption

    Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that where 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 requirement 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,'' thus implying that the preemptive effect of 
section 26(a) of the CPSA would apply. Therefore, a rule issued under 
section 104 of the CPSIA will invoke the preemptive effect of section 
26(a) of the CPSA when it becomes effective.

X. Certification and Notice of Requirements (NOR)

    Section 14(a) of the CPSA imposes the requirement that products 
subject to a consumer product safety rule under the CPSA, or to a 
similar rule, ban, standard, or regulation under any other act enforced 
by the Commission, must be certified as complying with all applicable 
CPSC-enforced requirements. 15 U.S.C. 2063(a). Section 14(a)(2) of the 
CPSA requires that certification of children's products subject to a 
children's product safety rule be based on testing conducted by a CPSC-
accepted third party conformity assessment body. Section 14(a)(3) of 
the CPSA requires the Commission to publish a notice of requirements 
(NOR) for the accreditation of third party conformity assessment bodies 
(or laboratories) to assess conformity with a children's product safety 
rule to which a children's product is subject. The proposed rule for 16 
CFR part 1227, ``Safety Standard for Carriages and Strollers,'' when 
issued as a final rule, will be a children's product safety rule that 
requires the issuance of an NOR.
    The Commission recently published a final rule, Requirements 
Pertaining to Third Party Conformity Assessment Bodies, 78 FR 15836 
(March 12, 2013), which is codified at 16 CFR part 1112 (referred to 
here as Part 1112). This rule will take effect June 10, 2013. Part 1112 
establishes requirements for accreditation of third party conformity 
assessment bodies (or laboratories) to test for conformance with a 
children's product safety rule in accordance with Section14(a)(2) of 
the CPSA. The final rule also codifies all of the NORs that the CPSC 
had published to date. All new NORs, such as the carriages and 
strollers standard, require an amendment to part 1112. Accordingly, the 
proposed rule would amend part 1112 to include the carriages and 
strollers standard along with the other children's product safety rules 
for which the CPSC has issued NORs.
    Laboratories applying for acceptance as a CPSC-accepted third party 
conformity assessment body to test to the new standard for carriages 
and strollers would be required to meet the third party conformity 
assessment body accreditation requirements in part 1112. When a 
laboratory meets the requirements as a CPSC-accepted third party 
conformity assessment body, it can apply to the CPSC to have 16 CFR 
part 1227, Safety Standard for Carriages and Strollers, included in its 
scope of accreditation of CPSC safety rules listed for the laboratory 
on the CPSC Web site at: www.cpsc.gov/labsearch.
    In connection with the part 1112 rulemaking, CPSC staff conducted 
an analysis of the potential impacts on small entities of the proposed 
rule establishing accreditation requirements, 77 FR 31086, 31123-26 
(May 24, 2012), as required by the Regulatory Flexibility Act and 
prepared an Initial Regulatory Flexibility Analysis (IRFA). Briefly, 
the IRFA concluded that the requirements would not have a significant 
adverse impact on a substantial number of small laboratories because no 
requirements are imposed on laboratories that do not intend to provide 
third party testing services under section 14(a)(2) of the CPSA. The 
only laboratories that are expected to provide such services are those 
that anticipate receiving sufficient revenue from providing the 
mandated testing to justify accepting the requirements as a business 
decision. Laboratories that do not expect to receive sufficient revenue 
from these services to justify accepting these requirements would not 
likely pursue accreditation for this purpose. Similarly, amending the 
part 1112 rule to include the NOR for the carriages and strollers 
standard would not have a significant adverse impact on small 
laboratories. Moreover, based upon the number of laboratories in the 
United States that have applied for CPSC acceptance of the 
accreditation to test for conformance to other juvenile product 
standards, we expect that only a few laboratories will seek CPSC 
acceptance of their accreditation to test for conformance with the 
carriages and strollers standard. Most of these laboratories will have 
already been accredited to test for conformance to other juvenile 
product standards and the only costs to them would be the cost of 
adding the carriages and strollers standard to their scope of 
accreditation. As a consequence, the Commission certifies that the 
proposed notice requirements for the carriages and strollers standard 
will not have a significant impact on a substantial number of small 
entities.

XI. Request for Comments

    This proposed rule begins a rulemaking proceeding under section 
104(b) of the CPSIA to issue a consumer product safety standard for 
carriages and strollers. We invite all interested persons to submit 
comments on any aspect of the proposed rule.
    In particular, we note that there are a number of international 
standards applicable to carriages, strollers, or both (discussed above 
in IV. Other Standards, A. International Standards). Based on 
quantitative analysis, are there one or more international performance 
requirements that are substantially the same as, or are more stringent 
than, a related requirement or requirements in ASTM F833-13? If 
available, please submit any such analysis.
    Comments should be submitted in accordance with the instructions in 
the ADDRESSES section at the beginning of this notice.

List of Subjects

16 CFR Part 1112

    Administrative practice and procedure, Audit, Consumer protection, 
Reporting and recordkeeping

[[Page 29288]]

requirements, Third party conformity assessment body.

16 CFR Part 1227

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

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

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

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

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

0
2. Amend Part 1112.15 by adding paragraph (b)(37) to read as follows:

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

* * * * *
    (b) The CPSC has published the requirements for accreditation for 
third party conformity assessment bodies to assess conformity for the 
following CPSC rules or test methods:
* * * * *
    (37) 16 CFR part 1227, Safety Standard for Carriages and Strollers.

PART 1227--SAFETY STANDARD FOR CARRIAGES AND STROLLERS

0
3. Add a new part 1227 to read as follows:
Sec.
1227.1 Scope.
1227.2 Requirements for Carriages and Strollers.

    Authority:  The Consumer Product Safety Improvement Act of 2008, 
Pub. L. 110-314, Sec.  104, 122 Stat. 3016 (August 14, 2008); Pub. 
L. 112-28, 125 Stat. 273 (August 12, 2011).

Sec.  1227.1  Scope.

    This part establishes a consumer product safety standard for 
carriages and strollers.

Sec.  1227.2  Requirements for Carriages and Strollers.

    (a) Each carriage and stroller must comply with all applicable 
provisions of ASTM F833-13, Standard Consumer Safety Specification for 
Carriages and Strollers, approved on April 1, 2013. The Director of the 
Federal Register approves this incorporation by reference in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from ASTM 
International, 100 Bar Harbor Drive, P.O. Box 0700, West Conshohocken, 
PA 19428; http://www.astm.org/cpsc.htm. You may inspect a copy at the 
Office of the Secretary, U.S. Consumer Product Safety Commission, Room 
820, 4330 East West Highway, Bethesda, MD 20814, telephone 301-504-
7923, or at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federalregulations/ibr_locations.html.
    (b) Comply with ASTM F833-13 standard with the following additions:
    (1) In addition to complying with section 3.1.21 of ASTM F833-13, 
comply with the following:
    (i) 3.1.22 2D fold stroller, n-a stroller that folds the handlebars 
and leg tubes only in the front-to-back (or back-to-front) direction.
    (ii) [Reserved]
    (2) Instead of complying with section 5.7 of ASTM F833-13, comply 
with the following:
    (i) 5.7 Scissoring, Shearing, and Pinching
    (ii) [Reserved]
    (3) In addition to complying with section 5.7.3 of ASTM F833-13, 
comply with the following:
    (i) 5.7.4 The frame folding action of a 2D fold stroller and 
convertible carriage/stroller (carriages are exempted from this 
requirement) shall be designed and constructed so as to prevent injury 
from scissoring, shearing, or pinching. Scissoring, shearing, or 
pinching that may cause injury exists when the edges of the rigid parts 
admit a 0.210-in (5.33-mm) diameter probe but do not admit a 0.375-in 
(9.53-mm) diameter probe when tested in accordance with 7.18. Units 
with a removable seat that prevent the complete folding of the unit 
when still attached are exempt from this requirement. Note: The 
evaluation at any given location is performed with the understanding 
that the probes are allowed to enter the location from any angle/
direction.
    (ii) [Reserved]
    (4) In addition to complying with section 7.17 of ASTM F833-13, 
comply with the following:
    (i) 7.18 Frame Folding Scissoring, Shearing, and Pinching
    (A) 7.18.1 2D fold stroller and convertible carriage/stroller 
evaluation: Place the unit's seatback in the most upright position. 
Identify and mark the portion of the unit's rigid frame members and 
hinges that have potential scissoring, shearing, or pinching action 
during folding of the unit and are within or penetrate the access zone 
shown in the Fig X anywhere within the width of the stroller. All 
marked portions of the frame shall be evaluated per 7.18.2 or 7.18.3 as 
applicable. For units that feature two or more folding operations that 
are able to be carried out independently of each other, each operation 
must be independently evaluated per the test methods in 7.18.2 or 
7.18.3 as applicable. This includes all seat-facing positions as 
recommended by the manufacturer and each occupant position on multiple 
occupancy units. Tray and front grab bar movements not a result of 
unfolding operation are excluded from this evaluation.
    (B) 7.18.2 For units where the front and rear wheels move toward 
each other during folding--measure the change in distance (distance A, 
see Fig Y) between the front and rear wheel axle centers when moving 
from the completely folded to completely erected position. The 
measurement shall be taken with any swivel wheels in the locked 
position and in the plane where the axel centerlines are perpendicular 
to the fore/aft horizontal axis of the stroller. To determine the 
starting point for testing, start folding the unit from erect to 
folded/''closed'' position until the distance between the wheel axel 
centers is \2/3\ of the total travel distance (see figure Y for an 
example). From this point check the marked portions identified in 
7.18.1 for scissoring, shearing, and pinching in accordance with 5.7.4 
while moving the stroller from this partially folded position to the 
fully erect and locked position.
    (C) 7.18.3 For units where the front and rear wheels axle centers 
move away from each other or do not change distance during folding--
place the unit in partially erect position so the handle tube is 
rotated 90 deg. from the fully erect and locked position. From this 
point assess the marked portions identified in 7.18.1 for scissoring, 
shearing, and pinching in accordance with 5.7.4 while moving the unit 
from this partially folded position to the fully erect and locked 
position.

[[Page 29289]]

[GRAPHIC] [TIFF OMITTED] TP20MY13.001

    (ii) [Reserved]
    (5) In addition to complying with the Appendix of ASTM F833-13, 
comply with the following:
    (i) XI.18 Rationale for 7.18: A 3 year old child's sitting shoulder 
height is 15 inches and upper limb length is 19 inches based on 95th 
percentile 3-year old child's measurements (Pheasant, S.T. (1996). 
Bodyspace: Anthropometrics, Ergonomics and the Design of Work (2nd 
ed.). London, UK: Taylor & Francis). The access zone covers a child 
sitting in the most upright position reaching forward hence the reason 
for defining 19'' from the seat back junction.
    (ii) [Reserved]

    Dated: May 10, 2013.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2013-11638 Filed 5-17-13; 8:45 am]
BILLING CODE 6355-01-P
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