Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Proposed Rules 45723 

Probe (see Fig. 4a) in all orientations 

into each opening. The probe should be 

inserted from the direction of the 

occupant seating surface. Gradually 

apply a force of 15 lbf (67 N) in the 

direction of the major axis of the probe 

within a period of 5s. Maintain this 

force for an additional 10s (see Fig. 5).’’ 

(9) Instead of section 7.7.2: ‘‘With the 

bath seat in each of the manufacturer’s 

recommended use position(s), insert the 

tapered end of the Bath Seat Shoulder 

Probe (see Fig. 6) in all orientations into 

each opening. The probe should be 

inserted from the direction of the 

occupant seating surface. Gradually 

apply a force of 15 lbf (67 N) in the 

direction of the major axis of the probe 

within a period of 5s. Maintain this 

force for an additional 10s (see Fig. 7). 

Release and apply a force of 10 lbf (44 

N) to the top 1.0-in. (25-mm) perimeter 

of the probe in a direction vertically 

downward toward the seating surface 

over a period of 5s. Maintain this force 

for an additional 10s (see Fig. 8).’’ 

(10) Instead of Figure 4: 

Dated: August 25, 2009. 

Todd Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E9–20948 Filed 9–2–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1500 

Infant Bath Seats: Termination of 

Rulemaking 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Termination of rulemaking. 

SUMMARY: In the Federal Register of 

December 29, 2003 (68 FR 74878), the 

Consumer Product Safety Commission 

(‘‘Commission’’) published a notice of 

proposed rulemaking under the Federal 

Hazardous Substances Act (‘‘FHSA’’) to 

reduce the unreasonable risk of injury 

associated with bath seats. On August 

14, 2008, the Consumer Product Safety 

Improvement Act of 2008 (‘‘CPSIA’’) 

was enacted. Section 104(b) of the 

CPSIA requires the Commission to 

promulgate consumer product safety 

standards for durable infant or toddler 

products, which are to be ‘‘substantially 

the same as’’ applicable voluntary 

standards (or more stringent 

requirements if they would further 

reduce the risk of injury associated with 

the product). Elsewhere in this issue of 

the Federal Register, the Commission is 

proposing a safety standard for infant 

bath seats in response to section 104(b) 

of the CPSIA. The rulemaking initiated 

under the FHSA is superseded by 

section 104(b) of the CPSIA. 

Accordingly, the Commission has 

terminated the infant bath seat 

rulemaking initiated under the FHSA. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Edwards, Project Manager, 

Directorate for Engineering Sciences, 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, MD 

20814; telephone (301) 504–7577; 

pedwards@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. The Product 

Infant bath seats are used in a tub or 

sink to support a seated infant while he 

or she is being bathed. They are 

marketed for use with infants from the 

time they can sit up unassisted (about 

5 months) to the time they begin pulling 

themselves up to a standing position 

(about 10 months). 

B. Rulemaking Pursuant to the Federal 

Hazardous Substances Act (FHSA) 

In response to a petition from the 

Consumer Federation of America and 

others in 2000, in the Federal Register 


jlentini on DSKJ8SOYB1PROD with PROPOSALS2EP03SE09.010</GPH>
45724 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Proposed Rules 

of August 1, 2001, the Commission 

published an advance notice of 

proposed rulemaking (‘‘ANPR’’) (66 FR 

39692) to begin a rulemaking 

proceeding concerning infant bath seats 

under the Federal Hazardous 

Substances Act (‘‘FHSA’’). On December 

29, 2003, the Commission published a 

notice of proposed rulemaking (‘‘NPR’’) 

(68 FR 74878) proposing that bath seats 

meet specified requirements for 

stability, leg openings and labeling. 

C. The Consumer Product Safety 

Improvement Act 

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 

requires the Commission 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. Section 104(b)(2) of the CPSIA 

directs the Commission to begin 

rulemaking for two standards by August 

14, 2009. Elsewhere in this issue of the 

Federal Register, the Commission is 

issuing a proposed rule that would 

establish a safety standard for bath seats 

that is substantially the same as a 

voluntary standard developed by the 

American Society for Testing and 

Materials and designated as ASTM F 

1967–08a, ‘‘Standard Consumer Safety 

Specification for Infant Bath Seats,’’ 

with some modifications to strengthen 

the ASTM standard. 

D. Termination of the FHSA 

Rulemaking 

The direction in section 104(b) of the 

CPSIA to the Commission to begin 

rulemaking for durable infant or toddler 

products, including bath seats, 

supersedes the bath seat rulemaking that 

the Commission began under the FHSA. 

Therefore, the Commission is 

terminating the FHSA bath seat 

proceeding that began on August 1, 

2001 with the issuance of an ANPR. 

Dated: August 25, 2009. 

Todd Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E9–20947 Filed 9–2–09; 8:45 am] 

BILLING CODE 6355–01–P 


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