[Federal Register Volume 74, Number 170 (Thursday, September 3, 2009)]
[Proposed Rules]
[Pages 45714-45719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20945]


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

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1500

[CPSC Docket No. CPSC-2009-0066]


Revocation of Regulation Banning Certain Baby-Walkers, Walker-
Jumpers, and Similar Products

AGENCY: Consumer Product Safety Commission.

ACTION: Proposed rule.

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

SUMMARY: The Consumer Product Safety Commission (``CPSC'' or 
``Commission'') is proposing to revoke certain regulations pertaining 
to baby-bouncers, walker-jumpers, baby-walkers, and similar products. 
CPSC is taking this action because the regulations, which originally 
were issued in 1971, are outdated and do not provide the degree of 
safety that is provided by currently manufactured baby-walkers that 
comply with a more effective voluntary standard. This action also will 
eliminate confusion about whether manufacturers should certify that 
their products comply with these regulations or with a new mandatory 
safety standard for baby-walkers proposed elsewhere in this issue of 
the Federal Register.

DATES: Submit comments by November 2, 2009.

ADDRESSES: To ensure timely processing of comments, the Commission is 
no longer directly accepting comments submitted by electronic mail (e-
mail). The Commission encourages you to submit electronic comments by 
using the Federal eRulemaking Portal, as described below in paragraph 
1, ``Electronic Submissions.''
    You may submit comments, identified by Docket No. CPSC-2009-0066, 
by any of the following methods:
    1. Electronic Submissions.
    Submit electronic comments to the Federal eRulemaking Portal: 
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.

[[Page 45715]]

Follow the instructions for submitting comments.
    2. Written Submissions.
    Submit written submissions in the following ways:
    FAX: 301-504-0127.
    Mail/Hand delivery/Courier (for paper, disk, or CD-ROM 
submissions): Office of the Secretary, Consumer Product Safety 
Commission, Room 502, 4330 East West Highway, Bethesda, MD 20814.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received, including 
any personal information provided, may be posted without change to 
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov. Accordingly, we recommend that you not submit 
confidential business information, trade secret information, or other 
sensitive information that you do not want to be available to the 
public. For additional information on comments, see part E of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to read background documents or 
comments received, go to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT:
    Technical information. Patricia Edwards, Division of Mechanical 
Engineering, Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, MD 20814, 301-504-7577, <a href="/cdn-cgi/l/email-protection#9eeefbfae9ffecfaeddefdeeedfdb0f9f1e8"><span class="__cf_email__" data-cfemail="cdbda8a9baacbfa9be8daebdbeaee3aaa2bb">[email protected]</span></a>.
    Legal information. Harleigh Ewell, Office of the General Counsel, 
Consumer Product Safety Commission, 4330 East West Highway, Bethesda, 
MD 20814, 301-504-7683, <a href="/cdn-cgi/l/email-protection#6a020f1d0f06062a091a1909440d051c"><span class="__cf_email__" data-cfemail="c7afa2b0a2abab87a4b7b4a4e9a0a8b1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

A. Background

    1. The CPSC's regulation for baby-walkers. CPSC regulations at 16 
CFR 1500.18(a)(6) and 1500.86(a) ban any `` `baby-bouncer,' `walker-
jumper', or `baby-walker' and any other similar article'' (referred to 
below as ``baby-walkers'') that does not meet specified safety 
criteria. These regulations were issued in 1971 by the Food and Drug 
Administration (``FDA'') under the Federal Hazardous Substances Act 
(``FHSA''), 15 U.S.C. 1261-1278 (available at http://www.cpsc.gov/businfo/fhsa.pdf). 36 FR 21809 (Nov. 16, 1971). On May 14, 1973, the 
functions under the FHSA were transferred to the then newly-created 
CPSC.
    Specifically, 16 CFR 1500.18(a)(6) bans baby-walkers and ``any 
other similar article'' that is intended to support very young children 
while ``sitting, walking, bouncing, jumping, and/or reclining,'' and 
which, because of its design, has any exposed parts capable of causing 
amputation, crushing, lacerations, fractures, hematomas, bruises, or 
other injuries to fingers, toes, or other parts of the anatomy of young 
children. The regulation describes the hazardous design features of 
such articles warranting the ban as including, but not being limited 
to, one or more of the following:
    <bullet> Areas about the point on each side of the article where 
the frame components are joined together to form an X-shape capable of 
producing a scissoring, shearing, or pinching effect;
    <bullet> Other areas where two or more parts are joined in such a 
manner as to permit rotational movement capable of exerting a 
scissoring, shearing, or pinching effect;
    <bullet> Exposed coil springs which may expand sufficiently to 
allow an infant's finger, toe, or other body part to be inserted, in 
whole or in part, and injured by being caught between the coils of the 
spring or between the spring and another part of the article;
    <bullet> Holes in plates or tubes which also provide the 
possibility of insertion of a finger, toe, or other part of the anatomy 
that could then be injured by the movement of another part of the 
article; or
    <bullet> A design and construction that permits accidental collapse 
while in use.
    Exemptions to the ban can be found at 16 CFR 1500.86(a)(4). These 
include any baby-walker where:
    <bullet> The frames are designed and constructed in a manner to 
prevent injury from any scissoring, shearing, or pinching when the 
members of the frame or other components rotate about a common axis or 
fastening point or otherwise move relative to one another; and
    <bullet> Any coil springs which expand when the article is 
subjected to a force that will extend the spring to its maximum 
distance so that a space between successive coils is greater than one-
eighth inch (0.125 inch) are covered or otherwise designed to prevent 
injuries; and
    <bullet> All holes larger than one-eighth inch (0.125 inch) in 
diameter, and slots, cracks, or hinged components in any portion of the 
article through which a child could insert, in whole or in part, a 
finger, toe, or any other part of the anatomy, are guarded or otherwise 
designed to prevent injuries; and
    <bullet> The articles are designed and constructed to prevent 
accidental collapse while in use; and
    <bullet> The articles are designed and constructed in a manner that 
eliminates from any portion of the article the possibility of 
presenting a mechanical hazard through pinching, bruising, lacerating, 
crushing, breaking, amputating, or otherwise injuring portions of the 
human body when in normal use or when subjected to reasonably 
foreseeable damage or abuse; and
    <bullet> Any article which is introduced into interstate commerce 
after the effective date of [the regulation] is labeled:

--With a conspicuous statement of the name and address of the 
manufacturer, packer, distributor, or seller; and
--With a code mark on the article itself and on the package containing 
the article or on the shipping container, in addition to the invoice(s) 
or shipping document(s), which code mark will permit future 
identification by the manufacturer of any given model (the manufacturer 
shall change the model number whenever the article undergoes a 
significant structural or design modification); and

    <bullet> The manufacturer or importer of the article shall make, 
keep, and maintain for 3 years records of sale, distribution, and 
results of inspections and tests conducted in accordance with this 
subparagraph and shall make such records available at all reasonable 
hours upon request by any officer or employee of the Consumer Product 
Safety Commission and shall permit such officer or employee to inspect 
and copy such records, to make such stock inventories as such person 
deems necessary, and to otherwise check the correctness of such 
records.
    The existing regulations do not include any requirements 
specifically pertaining to hazards associated with falls down stairs, 
structural integrity, occupant retention, or loading/stability issues.
    As discussed earlier in this part A.1 of this preamble, the 
regulations at 16 CFR 1500.18(a)(6) and 1500.86(a) apply to any ``baby-
bouncer,'' ``walker-jumper,'' ``baby-walker,'' and ``any other similar 
article.'' The regulations do not define those terms, and when FDA 
promulgated those regulations in 1971,

[[Page 45716]]

it expressly rejected comments that sought a description of the 
regulated articles. In the preamble to its final rule that appeared in 
the Federal Register of November 16, 1971 (36 FR 21809), FDA stated 
that the terms ``baby-bouncers'' and ``baby-walkers'' are ``used both 
by industry and the general public'' and revised the phrase, ``and 
similar articles,'' to ``and any other similar article'' to clarify the 
regulations' purpose ``to include within their scope all articles 
conforming to the descriptions in the regulations whether or not they 
are called by those specific names.''
    2. The voluntary standard for infant-walkers. The current voluntary 
standard for Infant Walkers, The Standard Consumer Safety Specification 
for Infant Walkers (ASTM F977-07) is published by the American Society 
for Testing and Materials (now ASTM International, or ASTM) (Memorandum 
from P. Edwards, Project Manager, to the Commission dated Aug. 14, 
2009). The ASTM voluntary standard defines an infant walker as ``a 
mobile unit that enables a child to move on a horizontal surface when 
propelled by the child sitting or standing within the walker, and that 
is in the manufacturer's recommended use position.'' This standard has 
provisions to address the following:
    <bullet> Latching or Locking Mechanisms;
    <bullet> Openings;
    <bullet> Scissoring, Shearing, and Pinching;
    <bullet> Exposed Coil Springs;
    <bullet> Labeling;
    <bullet> Protective Components;
    <bullet> Stability;
    <bullet> Structural Integrity;
    <bullet> Occupant Retention; and
    <bullet> Prevention of Falls Down Step(s).
    ASTM F977-07 contains provisions pertaining to scissoring, 
shearing, pinching, and accidental collapse that are stricter, or more 
conservative, than the existing CPSC regulation. With regard to exposed 
coil springs and openings, the ASTM voluntary standard differs somewhat 
from the existing CPSC regulation. The specifications in ASTM F977-07 
for coil springs and openings (holes) are similar in concept to those 
in the mandatory regulation, but are less restrictive as to allowable 
dimensions. For instance, the voluntary standard prohibits any hole or 
slot between 0.210'' and 0.375'' in size that extends entirely through 
a wall section of any rigid material less than 0.375'' thick. The 
existing regulation bans any baby-walker that contains a hole larger 
than 0.125'' in diameter, and it does not contain a depth requirement.
    The rationale for the ASTM standard was based on anthropometric 
data developed for the CPSC by the University of Michigan in 1975. 
(Snyder, R. G., Spencer, M. L., Owings, C. L. & Schneider, L. W. 
(1975), Physical Characteristics of Children As Related to Death and 
Injury for Consumer Product Design and Use, Prepared for the Consumer 
Product Safety Commission (UM-HSRI-BI-75-5 Final Report Contract FDA-
72-70 May 1975), Highway Safety Research Institute, The University of 
Michigan, May 31, 1975.) This data set sampled body measurements of 
children from 2 weeks to 13 years of age. The measurements relevant 
here are the little finger diameter and middle finger diameter. The 
intent of the ASTM standard is to prevent entrapments by making 
openings either too small for the smallest user to penetrate with their 
smallest finger or larger than the largest user's biggest finger 
(thereby allowing the finger to be withdrawn without entrapment). The 
existing CPSC regulations were never revised nor updated to take this 
data into consideration. Thus, the requirements in the CPSC regulations 
are outdated in this respect.
    The University of Michigan study is also the basis for the 
specifications for allowable openings that are in other ASTM juvenile-
product standards. In addition to the study's validity, the standards 
use this data because the less restrictive dimensional specification 
allows for products to be made from thinner materials with reinforced 
ribbing, such as injection molded plastics. When the existing CPSC 
regulations were published, baby-walkers were typically made with metal 
tube frames. Molded plastics are used more predominately today in 
juvenile products, and, when manufactured in accordance with the ASTM 
specifications for openings, these materials have not been shown to 
create finger or toe entrapment or pinch hazards.
    The inclusion of the terms ``baby-bouncers'' and ``walker-jumpers'' 
in the regulations may be because some baby-walkers had spring-like 
devices, and the occupant could bounce or jump while also moving 
horizontally.
    A bouncer seat, as currently defined by ASTM, is a freestanding 
product intended to support an occupant in a reclined position to 
facilitate bouncing by the occupant. Intended occupants are infants who 
have not developed the ability to sit up unassisted (approximately 0 to 
6 months of age). These products are covered by ASTM voluntary standard 
F2167, Standard Consumer Safety Specification for Infant Bouncer Seats.
    Jumpers are not defined in any ASTM standard, but there are some 
juvenile products known as jumpers. These include seats suspended from 
door frames that facilitate jumping. Although these jumpers are not 
covered by a voluntary standard, the Commission's staff is not aware of 
any recent incidents involving these products that would have been 
prevented by the regulations. Apparently, these products do not 
currently present the hazards addressed by the regulations.
    There also are jumpers mounted on a dedicated freestanding frame. 
These jumpers are covered under ASTM voluntary standard F2012, Standard 
Consumer Safety Performance Specifications for Stationary Activity 
Centers.
    3. Incident data. The known baby-walker incidents from the year 
2000 to the present uncovered no incidents where fingers were pinched, 
stuck, or entrapped and the specific circumstances were known. From the 
information available, it appears that the causes of most incidents are 
outside the scope of CPSC's regulations. CPSC staff did not find any 
incidents that would be directly impacted if the Commission were to 
revoke the regulations. Most baby-walker incidents resulting in 
injuries or deaths are a result of the product falling down steps, a 
hazard that is not addressed by the existing regulations but that is 
covered under ASTM's voluntary standard.
    4. Compliance/Recall Information. The Commission's Office of 
Compliance reviewed the recalls and cases opened on baby-walkers over 
the last 20 years. The Compliance staff did not find any recalls 
associated with openings or coil springs. One case occurred where the 
regulation's requirements for openings and coil springs were not met. 
This case was found when a baby-walker was intercepted at the port of 
entry. The primary hazard associated with this product was lack of 
stair fall protection. Compliance staff also is not aware of any 
recalls for finger entrapment hazards in any other juvenile products 
that conform to ASTM's specifications for openings. This indicates that 
the voluntary standards are adequate to address the openings hazard.

B. Future Mandatory Regulation of Baby-Walkers

    The Consumer Product Safety Improvement Act of 2008 (``CPSIA''), 
Public Law 110-314, 122 Stat. 3016 (available at http://www.cpsc.gov/cpsia.pdf), was enacted on August 14, 2008. The CPSIA contains some 
requirements with broad applicability, as well as some product-specific

[[Page 45717]]

provisions. Section 104 of the CPSIA directs the Commission to take a 
number of actions concerning ``durable infant or toddler products.'' 
Section 104(f) of the CPSIA defines a 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. This 
includes cribs, toddler beds, high chairs, booster chairs, hook-on 
chairs, bath seats, gates and other enclosures for confining a child, 
play yards, stationary activity centers, infant carriers, strollers, 
walkers, swings, bassinets, and cradles. Section 104(b) of the CPSIA 
provides, in part, that the Commission shall, in consultation with 
representatives of consumer groups, juvenile product manufacturers, and 
independent child product engineers and experts, examine and assess the 
effectiveness of any voluntary consumer product safety standards for 
durable infant or toddler products. The Commission is also directed to 
promulgate consumer product safety standards that are substantially the 
same as such voluntary standards or that are more stringent than such 
voluntary standards, if the Commission determines that more stringent 
standards would further reduce the risk of injury associated with the 
products.
    Section 104(b) of the CPSIA also specifies that these new mandatory 
standards for durable infant or toddler products shall be issued on a 
compressed schedule. The statute directs the Commission to begin the 
rulemaking for these standards by August 14, 2009, and to promulgate 
standards for no fewer than two categories of durable infant or toddler 
products every six months thereafter, beginning with the product 
categories that the Commission determines to be of highest priority. 
This process will continue until the Commission has promulgated 
standards for all such product categories.
    Baby-walkers are one of the first two products addressed in these 
rulemakings. Elsewhere in this issue of the Federal Register, the 
Commission is proposing a safety standard for baby-walkers. Thus, the 
Commission expects that there will be an updated, more effective 
mandatory standard for baby walkers issued by February 14, 2010. The 
Commission expects that the requirements of that mandatory standard 
will be based largely on the provisions of the current ASTM voluntary 
standard, discussed earlier in part A.2 of this preamble.
    To illustrate how a new regulation might use concepts currently 
seen in the ASTM voluntary standard, the current regulations at 16 CFR 
1500.18(a)(6) and 1500.86(a) do not contain requirements to protect 
against falls down stairs. The voluntary ASTM standard, however, does 
contain a stair-fall protection provision for baby walkers that 
provides that a walker must either stop at the edge of a step or be too 
wide to fit through a standard-size doorway. There have been numerous 
incidents and deaths associated with baby walkers that do not contain 
stoppers or brakes to prevent walkers from falling down stairs. CPSC's 
Compliance staff has conducted numerous recalls involving baby walkers 
due to the lack of stair-fall protection. If the CPSC were to 
promulgate regulations to address stair-fall protection and make any 
walker that does not contain stair-fall protection a banned product, a 
number of future incidents and deaths from stair falls would be 
prevented.

C. Required Accredited Third Party Testing and Certification for Baby-
Walkers

    Section 14(a)(2) of the Consumer Product Safety Act (``CPSA''), 15 
U.S.C. 2063(a)(2) (available at http://www.cpsc.gov/cpsia.pdf), as 
amended by section 102 of the CPSIA, requires manufacturers and private 
labelers of children's products (such as baby-walkers) that are subject 
to a children's product safety rule to submit sufficient samples of the 
children's product, or samples that are identical in all material 
respects to the product, to an accredited third party conformity 
assessment body to be tested for compliance with any applicable 
children's product safety rule. (``Children's product safety rule'' is 
defined at 15 U.S.C. 2063(f)(1). See also 15 U.S.C. 2052(a)(5), 
2052(a)(6).) For the purposes of the CPSA, the term ``manufacturer'' 
includes an importer. 15 U.S.C. 2052(a)(11).
    The Commission has issued regulations at 16 CFR part 1110 
concerning the content of certificates of compliance and limiting the 
parties who must issue such certificates to the United States importer 
and, in the case of domestically produced products, the United States 
manufacturer. Based on such testing, the manufacturer and private 
labeler must issue a certificate stating that such children's product 
complies with the children's product safety rule based on the 
assessment of a third party conformity assessment body accredited to 
conduct such tests. (Products, other than children's products, that are 
subject to a consumer product safety rule also are subject to testing 
and certification requirements. 15 U.S.C. 2063(a)(1).) The 
certification also must be based on a reasonable testing program or a 
test of each product. For these products, however, the tests are not 
required to be conducted by an accredited third party conformity 
assessment body.
    Unless stayed by the Commission, these requirements apply to any 
such children's product that is manufactured more than 90 days after 
the Commission has established and published a notice of the 
requirements for accreditation of third party conformity assessment 
bodies to assess conformity with any children's product safety rule to 
which such children's product is subject. Section 14(a)(3) of the CPSA, 
15 U.S.C. 2063(a)(3).
    Section 14(a)(3) of the CPSA also provides a schedule for the dates 
by which the Commission must publish the notices of the requirements 
for accreditation of third party conformity assessment bodies for 
various children's products. For ``baby bouncers, walkers, and 
jumpers,'' the statute specified that the Commission publish a notice 
of the requirements for accreditation of third party conformity 
assessment bodies ``to assess conformity with parts 1500.18(a)(6) and 
1500.86(a)'' and that such publication occur not later than 210 days 
after the date of enactment of the CPSIA, or March 12, 2009. The 
proposed rule, if finalized, would revoke 16 CFR 1500.18(a)(6) and 
1500.86(a) and, as a result, make it unproductive to issue a notice of 
requirements that references those regulations. Furthermore, the 
requirement for the testing and certification of many products, 
including baby-walkers, has been stayed by the Commission until Feb. 
10, 2010, at which time the Commission will vote on whether to 
terminate the stay. 74 FR 6396 (Feb. 9, 2009). By then, as noted above 
in part B of this preamble, the Commission intends to develop an up-to-
date mandatory standard to which baby walkers can be tested and 
certified.

D. Discussion

    As can be seen from the information presented above in part A.2 of 
this preamble, the Commission's current requirements for baby-walkers 
are outdated and are not based on the most recent anthropometric data. 
This unduly restricts the design choices available to the manufacturers 
of baby walkers without providing any additional safety. Furthermore, 
the current voluntary standard not only deals adequately with the 
hazards addressed by the Commission's regulation but also covers other 
major hazards, such as falls down stairs, associated with the product.
    CPSC staff reviewed the existing baby-walker regulation in 2006 as 
part of the

[[Page 45718]]

Program for Systematic Review of Commission Regulations and recommended 
that a project be undertaken to consider revoking the regulations on 
baby-walkers. (Memorandum to Jacqueline Elder, Assistant Executive 
Director, Office of Hazard Identification and Reduction, from Patricia 
Hackett, Division of Mechanical Engineering, dated April, 24, 2007.)
    As discussed above in part B of this preamble, the Commission 
intends to issue a new mandatory standard for baby walkers in the next 
year. The new standard is likely to address the stair-fall hazard and 
be largely based on the current voluntary standard. As noted in part C 
of this preamble, after the current stay of testing and certification 
requirements for many products, including baby walkers, is terminated 
(on or after Feb. 10, 2010), children's products subject to a mandatory 
standard will have to be tested by a third party conformity assessment 
body and certified as complying with the standard. The anticipated new 
mandatory standard probably will not issue until shortly before or even 
after Feb. 10, 2010. As that date approaches, notwithstanding the 
absence of a notice of requirements for baby walkers, if the current 
mandatory standard is still in place and a rule to revoke it has not 
been issued, the manufacturers of baby walkers may be uncertain as to 
what requirements they should certify to after the stay is terminated. 
To avoid this uncertainty and any associated expense to the industry or 
conformity assessment bodies, the Commission is proposing to revoke its 
regulations pertaining to baby-walkers and proposing that any final 
rule revoking those regulations will become effective on the date of 
termination of the stay of the testing and certification requirements 
for baby walkers or upon the effective date of the new mandatory 
standard to be developed, whichever occurs first. In the meantime, 
CPSC's staff will encourage baby walker manufacturers to comply with 
the voluntary standard.

E. Questions Pertaining to the Products Covered by 16 CFR 1500.18(a)(6) 
and 1500.86(a) and ASTM's Standards

    The Commission notes that there may be some question as to whether 
there are products that arguably fall within 16 CFR 1500.18(a)(6) and 
1500.86(a), but not within any ASTM standard. A possible example of 
this might be jumpers that affix to door frames, as discussed earlier 
in part A.2 of this preamble.
    Additionally, there may be some question about whether the 
regulations afford some protections that the ASTM standards do not. For 
example, if one concluded that certain jumpers are covered by the 
regulations, but not by ASTM standards, one might assert that the 
regulations need to be retained to cover such products.
    Therefore, the Commission specifically invites comments on: (1) 
Whether there are products that are covered by 16 CFR 1500.18(a)(6) and 
1500.86(a), but not by any ASTM voluntary standard; (2) whether 
retention of CPSC's current regulations for those specific products is 
warranted; and (3) whether there are specific requirements in 16 CFR 
1500.18(a)(6) and 1500.86(a), but not in any ASTM standard, that 
warrant retention. Identification of the specific product(s) and 
requirement(s) would be particularly helpful.

F. Paperwork Reduction Act

    This proposed rule would not impose any information collection 
requirements. Accordingly, this rule is not subject to the Paperwork 
Reduction Act, 44 U.S.C. 3501-3520.

G. Environmental Considerations

    This proposed rule falls within the scope of the Commission's 
environmental review regulation at 16 CFR 1021.5(c)(1), which provides 
a categorical exclusion from any requirement for the agency to prepare 
an environmental assessment or environmental impact statement for rules 
that revoke product safety standards.

H. Effective Date

    The Commission proposes that a final rule to revoke 16 CFR 
1500.18(a)(6) and 1500.86(a) become effective on the date of 
termination of the stay of the testing and certification requirements 
originally announced in the Federal Register of February 9, 2009 (74 FR 
6396), or upon the effective date of the new mandatory standard to be 
developed, whichever occurs first. If necessary, the revocation could 
become effective immediately upon its date of publication in the 
Federal Register. Section 553(d) of the Administrative Procedure Act 
(``APA'') excludes certain final rules from the otherwise applicable 
APA requirement that the effective date of a rule be at least 30 days 
after the rule is published. 5 U.S.C. 553(d). One such exclusion is for 
a rule that relieves a restriction. Because the proposed rule would, if 
finalized, relieve certain restrictions for baby-bouncers, walker-
jumpers, and baby-walkers, a delayed effective date would not be 
necessary.

I. References

1. ASTM voluntary standard F977-07, Standard Consumer Safety 
Specification for Infant Walkers.
2. Memorandum from P. Edwards, Project Manager, to the Commission, 
``Notice of Proposed Rulemaking--Recommending the Revocation of CPSC 
Regulation for Baby Bouncers, Walker-Jumpers, and Baby-Walkers, 16 
CFR 1500.18(a)(6) and 1500.86(a)(4),'' dated Aug. 14, 2009.
3. Snyder, R. G., Spencer, M. L., Owings, C. L. & Schneider, L. W. 
(1975), Physical Characteristics of Children As Related to Death and 
Injury for Consumer Product Design and Use, Prepared for the 
Consumer Product Safety Commission (UM-HSRI-BI-75-5 Final Report 
Contract FDA-72-70 May 1975), Highway Safety Research Institute, The 
University of Michigan, May 31, 1975 ``available on the Internet at 
http://www.itl.nist.gov/iaui/ovrt/projects/anthrokids/''.
4. ASTM voluntary standard F2012, Standard Consumer Safety 
Performance Specifications for Stationary Activity Centers.
5. ASTM voluntary standard F2167, Standard Consumer Safety 
Specification for Infant Bouncer Seats.
6. Memorandum to Jacqueline Elder, Assistant Executive Director, 
Office of Hazard Identification and Reduction, from Patricia 
Hackett, Division of Mechanical Engineering, ``Regulatory Review of 
CPSC Regulation for Baby Bouncers, Walker-Jumpers, and Baby-Walkers, 
16 CFR 1500.18(a)(6) and 1500.86(a)(4),'' dated April, 24, 2007.
7. 36 FR 7255-56 (April 16, 1971).
8. 36 FR 21809-10 (Nov. 16, 1971).
9. 73 FR 68328 (Nov. 18, 2008).
10. 74 FR 6396 (Feb. 9, 2009).

List of Subjects in 16 CFR Part 1500

    Consumer protection, Hazardous substances, Imports, Infants and 
children, Labeling, Law enforcement, Reporting and recordkeeping 
requirements, Toys.
    For the reasons stated above, and under the authority of 15 U.S.C. 
1261-1262 and 5 U.S.C. 553, the Consumer Product Safety Commission 
proposes to amend 16 CFR part 1500 as follows:

PART 1500--HAZARDOUS SUBSTANCES AND ARTICLES; ADMINISTRATION AND 
ENFORCEMENT REGULATIONS

    1. The authority citation for 16 CFR part 1500 continues to read as 
follows:

    Authority:  15 U.S.C. 1261-1278.


Sec.  1500.18  [Amended]

    2. Section 1500.18 is amended by removing and reserving paragraph 
(a)(6).

[[Page 45719]]

Sec.  1500.86  [Amended]

    3. Section 1500.86 is amended by removing and reserving paragraph 
(a)(4).

    Dated: August 25, 2009.
Todd Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. E9-20945 Filed 9-2-09; 8:45 am]
BILLING CODE 6355-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>