45714 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Proposed Rules 

(d) Parking device test (applicable to 

walkers equipped with parking 

brakes)— 

(1) Requirement. When tested to the 

procedures in paragraph (d) of this 

section, the infant walker shall have a 

maximum displacement of 1.97 inches 

(50 mm) for each test in each direction 

(forward, rearward, and sideward). 

(2) Test equipment. (i) A test platform 

as specified in Figure 10 with a 

hardwood floor pre-finished with 

polyurethane. 

(ii) Test Mass A and Test Mass B as 

specified in paragraph (c)(2)(ii) and (iii) 

of this section. 

(3) Test method. (i) Preparation and 

procedure. 

(A) Adjust the walker seat to the 

highest position (if applicable). Place 

Test Mass A vertically in the walker 

seat. Set any manual speed control to 

the fastest position (if applicable). 

Establish a vertical plane A that passes 

through the center of the seating area 

and is parallel to the direction the child 

faces. Establish a vertical plane B that is 

perpendicular to plane A and passes 

through the center of the seating area. 

(B) Perform the parking device test in 

the forward, sideward, and rearward 

directions. 

(ii) Forward facing test of parking 

devices. 

(A) Position the walker including Test 

Mass B facing forward so that plane A 

is perpendicular to the front edge of the 

platform and passes through the center 

of the pulley. Engage all parking devices 

in accordance with the manufacturer’s 

instructions. 

(B) Within one minute of placing the 

walker with Test Mass B on the 

platform, attach an 8 lb weight gradually 

within 5 seconds to the walker frame 

base at plane A by means of a rope and 

a pulley per the test apparatus 

specifications in the step test procedure, 

adjusted so that the force is applied 

horizontally (rope angle shall be 0 

± 0.5°). Remove the 8 lb weight after 1 

minute. Measure the displacement. 

(iii) Sideward facing test of parking 

devices. 

(A) Position the walker including Test 

Mass B facing sideward so that plane B 

is perpendicular to the front edge of the 

platform and passes through the center 

of the pulley. Engage all parking devices 

in accordance with the manufacturer’s 

instructions. 

(B) Within one minute of placing the 

walker with Test Mass B on the 

platform, attach an 8 lb weight gradually 

within 5 seconds to the walker frame 

base at plane B by means of a rope and 

a pulley per the test apparatus 

specifications in the step test procedure, 

adjusted so that the force is applied 

horizontally (rope angle shall be 0 

± 0.5°). Remove the 8 lb weight after 1 

minute. Measure the displacement. 

(iv) Rearward facing test of parking 

devices. 

(A) Position the walker including Test 

Mass B facing rearward so that plane A 

is perpendicular to the front edge of the 

platform and passes through the center 

of the pulley. Engage all parking devices 

in accordance with the manufacturers’ 

instructions. 

(B) Within one minute of placing the 

walker with Test Mass B on the 

platform, attach an 8 lb weight gradually 

within 5 seconds to the walker frame 

base at plane A by means of a rope and 

a pulley per the test apparatus 

specifications in the step test procedure, 

adjusted so that the force is applied 

horizontally (rope angle shall be 0 ± 

0.5°). Remove the 8 lb weight after 1 

minute. Measure the displacement. 

Dated: August 25, 2009. 

Todd Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E9–20946 Filed 9–2–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1500 

[CPSC Docket No. CPSC–2009–0066] 

Revocation of Regulation Banning 

Certain Baby-Walkers, WalkerJumpers, 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. 


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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, 

pedwards@cpsc.gov. 

Legal information. Harleigh Ewell, 

Office of the General Counsel, 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, MD 

20814, 301–504–7683, hewell@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

1. The CPSC’s regulation for babywalkers. 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 ‘‘babywalkers’’) 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: 

• 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; 

• 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; 

• 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; 

• 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 

• 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: 

• 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 

• 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 

• 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 

• The articles are designed and 

constructed to prevent accidental 

collapse while in use; and 

• 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 

• 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 

• 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,’’ ‘‘walkerjumper,’’ ‘‘baby-walker,’’ and ‘‘any other 

similar article.’’ The regulations do not 

define those terms, and when FDA 

promulgated those regulations in 1971, 


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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 infantwalkers. 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: 

• Latching or Locking Mechanisms; 

• Openings; 

• Scissoring, Shearing, and Pinching; 

• Exposed Coil Springs; 

• Labeling; 

• Protective Components; 

• Stability; 

• Structural Integrity; 

• Occupant Retention; and 

• 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, babywalkers 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 ‘‘babybouncers’’ and ‘‘walker-jumpers’’ in the 

regulations may be because some babywalkers 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 babywalker 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 


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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 babywalkers. 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 stairfall 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 BabyWalkers 

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 babywalkers) 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 upto-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 babywalker regulation in 2006 as part of the 


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45718 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Proposed Rules 

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 stairfall 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 BabyWalkers, 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. 

§ 1500.18 [Amended] 

2. Section 1500.18 is amended by 

removing and reserving paragraph (a)(6). 


jlentini on DSKJ8SOYB1PROD with PROPOSALS2
Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Proposed Rules 45719 

§ 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 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1215 

[CPSC Docket No. CPSC–2009–0064] 

Safety Standard for Infant Bath Seats 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: Section 104(b) of the 

Consumer Product Safety Improvement 

Act of 2008 (‘‘CPSIA’’) requires the 

United States Consumer Product Safety 

Commission (‘‘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. The Commission is 

proposing a safety standard for infant 

bath seats in response to the direction 

under section 104(b) of the CPSIA. 

DATES: Written comments must be 

received by November 17, 2009. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2009– 

0064, by any of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

To ensure timely processing of 

comments, the Commission is no longer 

accepting comments submitted by 

electronic mail (e-mail) except through 

http://www.regulations.gov. 

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 502, 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 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 

electronically. 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. 

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. Background and Statutory Authority 

1. 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. In this document the 

Commission proposes a safety standard 

for bath seats. The proposed standard is 

substantially the same as a voluntary 

standard developed by ASTM 

International (formerly known as the 

American Society for Testing and 

Materials), ASTM F 1967–08a, 

‘‘Standard Consumer Safety 

Specifications for Infant Bath Seats,’’ 

but the Commission is proposing some 

modifications to strengthen the 

standard. 

2. Previous Commission Rulemaking 

Concerning Bath Seats 

The Commission has been engaged in 

regulatory efforts for infant bath seats 

for several years. In July 2000, several 

consumer organizations petitioned the 

Commission to ban bath seats under the 

Federal Hazardous Substances Act 

(‘‘FHSA’’). The consumer organizations 

asserted that bath seats presented an 

unreasonable risk of injury and death 

due to drowning. On August 1, 2001, 

the Commission published an advance 

notice of proposed rulemaking 

(‘‘ANPR’’) in the Federal Register 

initiating a rulemaking proceeding on 

bath seats (66 FR 39692). The 

Commission issued a notice of proposed 

rulemaking that was published in the 

Federal Register on December 29, 2003 

(68 FR 74878) proposing requirements 

for stability, leg openings, and warnings. 

Elsewhere in this issue of the Federal 

Register, the Commission has issued a 

notice that the Commission has 

terminated the bath seat rulemaking 

proceeding that it began under the 

FHSA because it has been superseded 

by this rulemaking required under 

section 104(b) of the CPSIA. 

B. 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 between 

the age of approximately 5 months (the 

time at which infants can sit up 

unassisted) to the age of approximately 

10 months (the time at which infants 

begin pulling themselves up to a 

standing position). Currently, there are 

three manufacturers and one importer of 

bath seats active in the United States. 

All are members of the Juvenile 

Products Manufacturers Association 

(‘‘JPMA’’), which is the major United 

States trade association representing 

juvenile product manufacturers and 

importers. All produce a variety of 

children’s products in addition to bath 

seats. 

The exact number of bath seats 

currently sold or in use is not known. 

A 2005 survey by the American Baby 

Group indicated annual sales of bath 

seats of about 1.5 million and about 1.7 

million bath seats in use. In 2000, JPMA 

estimated annual sales of bath seats at 

about one million and estimated up to 

2 million bath seats in use for infants 

under one year of age. 

C. ASTM Voluntary Standard 

ASTM F 1967, Standard Consumer 

Safety Specification for Infant Bath 

Seats, was first published in 1999. 

Between 2003 and 2007, the ASTM 

standard was subsequently revised 

several times to include requirements 

that the Commission proposed in its 

2003 NPR and to exclude tub-like 

products. 

In response to changes in the ASTM 

standard, product design changed 

significantly. The new designs use an 

arm that clamps onto the side of the 


jlentini on DSKJ8SOYB1PROD with PROPOSALS2