Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices 17639 

as baby-bouncers, walker-jumpers, or 

baby-walkers. The collection of 

information consists of requirements 

that manufacturers and importers of 

these products must make, keep and 

maintain records of inspections, testing, 

sales, and distributions consistent with 

the provisions of the Federal Hazardous 

Substances Act, 15 U.S.C. 1261, 1262, 

and 16 CFR Part 1500. 

The CPSC will consider all comments 

received in response to this notice 

before requesting approval of this 

collection of information from OMB. 

DATES: The Office of the Secretary must 

receive written comments not later than 

June 15, 2009. 

ADDRESSES: Written comments should 

be captioned ‘‘Baby-Bouncers’’ and sent 

by e-mail to cpsc-os@cpsc.gov. 

Comments may also be sent by facsimile 

to (301) 504–0127, or by mail to the 

Office of the Secretary, Consumer 

Product Safety Commission, 4330 East 

West Highway, Bethesda, Maryland 

20814. cpsc-os@cpsc.gov. 

FOR FURTHER INFORMATION CONTACT: For 

information about the proposed 

collection of information call or write 

Linda Glatz, Division of Policy and 

Planning, Office of Information 

Technology and Technology Services, 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, MD 

20814; telephone: (301) 504–7671 or by 

e-mail to lglatz@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

Regulations issued under provisions of 

the Federal Hazardous Substances Act 

(15 U.S.C. 1261, 1262), codified at 16 

CFR Part 1500, establish safety 

requirements for products called ‘‘babybouncers,’’ ‘‘walker-jumpers,’’ or ‘‘babywalkers.’’ 

A. Requirements for Baby-Bouncers, 

Walker-Jumpers, and Baby Walkers 

One CPSC regulation bans any 

product known as a baby-bouncer, 

walker-jumper, baby-walker or similar 

article if it is designed in such a way 

that exposed parts present hazards of 

amputations, crushing, lacerations, 

fractures, hematomas, bruises or other 

injuries to children’s fingers, toes, or 

other parts of the body. 16 CFR 

1500.18(a)(6). 

A second CPSC regulation establishes 

criteria for exempting baby-bouncers, 

walker-jumpers, and baby-walkers from 

the banning rule under specified 

conditions. 16 CFR 1500.86(a)(4). The 

exemption regulation requires certain 

labeling on these products and their 

packaging to identify the name and 

address of the manufacturer or 

distributor and the model number of the 

product. Additionally, the exemption 

regulation requires that records must be 

established and maintained for three 

years relating to testing, inspection, 

sales, and distributions of these 

products. The regulation does not 

specify a particular form or format for 

the records. Manufacturers and 

importers may rely on records kept in 

the ordinary course of business to 

satisfy the recordkeeping requirements 

if those records contain the required 

information. 

If a manufacturer or importer 

distributes products that violate the 

banning rule, the records required by 

section 1500.86(a)(4) can be used by the 

manufacturer or importer and the CPSC 

(i) to identify specific models of 

products that fail to comply with 

applicable requirements, and (ii) to 

notify distributors and retailers if the 

products are subject to recall. 

The OMB approved the collection of 

information requirements in the 

regulations under control number 3041– 

0019. OMB’s most recent extension of 

approval expires on June 30, 2009. The 

CPSC now proposes to request an 

extension of approval without change 

for the collection of information 

requirements. 

B. Estimated Burden 

The CPSC staff estimates that about 34 

firms are subject to the testing and 

recordkeeping requirements of the 

regulations. Firms are expected to test 

on the average two new models per year 

per firm. The CPSC staff estimates 

further that the burden imposed by the 

regulations on each of these firms is 

approximately 1 hour per year on the 

recordkeeping requirements and 30 

minutes or less per model on the label 

requirements. Thus, the annual burden 

imposed by the regulations on all 

manufacturers and importers is 

approximately 68 hours on 

recordkeeping (34 firms × 2 hours) and 

34 hours on labeling (34 firms × 1 hour) 

for a total annual burden of 102 hours 

per year. 

The CPSC staff estimates that the 

hourly wage for the time required to 

perform the required testing and 

recordkeeping is approximately $54.88 

(Bureau of Labor Statistics, All workers, 

goods-producing industries, 

management, professional and related 

September 2008), and the hourly wage 

for the time required to maintain the 

labeling requirements is approximately 

$27.14 (Bureau of Labor Statistics, All 

workers, goods-producing industries, 

sales and office September 2008). The 

annualized total cost to the industry is 

estimated to be $4,654.60 (68 hours × 

$54.88 plus 34 hours × $27.14). 

The Commission will expend 

approximately two days of professional 

staff time reviewing records required to 

be maintained by the regulations for 

baby-bouncers, walker-jumpers, and 

baby-walkers. The annual cost to the 

Federal government of the collection of 

information in these regulations is 

estimated to be $1,277.51. 

C. Request for Comments 

The Commission solicits written 

comments from all interested persons 

about the proposed collection of 

information. The Commission 

specifically solicits information relevant 

to the following topics: 

—Whether the collection of information 

described above is necessary for the 

proper performance of the 

Commission’s functions, including 

whether the information would have 

practical utility; 

—Whether the estimated burden of the 

proposed collection of information is 

accurate; 

—Whether the quality, utility, and 

clarity of the information to be 

collected could be enhanced; and 

—Whether the burden imposed by the 

collection of information could be 

minimized by use of automated, 

electronic or other technological 

collection techniques, or other forms 

of information technology. 

Dated: April 10, 2009. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. E9–8713 Filed 4–15–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Agency Information Collection 

Activities; Announcement of Office of 

Management and Budget Approval; 

Children’s Products Containing Lead; 

Procedures and Requirements for 

Commission Determination or 

Exclusion 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: The Consumer Product Safety 

Commission (Commission) is 

announcing that a collection of 

information entitled Children’s Products 

Containing Lead; Procedures and 

Requirements for Commission 

Determination or Exclusion has been 

approved by the Office of Management 

and budget (OMB) under the Paperwork 

Reduction Act of 1995. 

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17640 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices 

FOR FURTHER INFORMATION CONTACT: 

Linda Glatz, Division of Policy and 

Planning, Office of Information 

Technology and Technology Services, 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, MD 

20814; telephone: (301) 504–7671 or by 

e-mail to lglatz@cpsc.gov. 

SUPPLEMENTARY INFORMATION: In the 

Federal Register of March 11, 2009, 74 

FR 10475, the agency announced that 

the proposed information collection had 

been submitted to OMB for review and 

clearance under 44 U.S.C. 3507. An 

agency may not conduct or sponsor, and 

a person is not required to respond to, 

a collection of information unless it 

displays a currently valid OMB control 

number. OMB has now approved the 

information collection and has assigned 

OMB control number 3041–0138. The 

approval expires on March 31, 2012. A 

copy of the supporting statement for this 

information collection is available on 

the Internet at http://www.reginfo.gov/ 

public/do/PRAMain. 

Dated: April 10, 2009. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. E9–8721 Filed 4–15–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0014] 

Kidz World, Inc., d/b/a High Energy 

USA, Provisional Acceptance of a 

Settlement Agreement and Order 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: It is the policy of the 

Commission to publish settlements 

which it provisionally accepts under the 

Consumer Product Safety Act in the 

Federal Register in accordance with the 

terms of 16 CFR 1118.20(e). Published 

below is a provisionally-accepted 

Settlement Agreement with Kidz World, 

Inc., d/b/a High Energy USA, containing 

a civil penalty of $25,000.00. 

DATES: Any interested person may ask 

the Commission not to accept this 

agreement or otherwise comment on its 

contents by filing a written request with 

the Office of the Secretary by May 1, 

2009. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 09–C0014, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Dennis C. Kacoyanis, Trial Attorney, 

Division of Compliance, Office of the 

General Counsel, Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, Maryland 20814– 

4408; telephone (301) 504–7587. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: April 9, 2009. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Kidz World, Inc., d/b/a High Energy 

USA (‘‘Kidz World’’) and the staff 

(‘‘Staff’’) of the United States Consumer 

Product Safety Commission 

(‘‘Commission’’) enter into this 

Settlement Agreement (‘‘Agreement’’). 

The Agreement and the incorporated 

attached Order (‘‘Order’’) settle the 

Staff’s allegations set forth below. 

Parties 

2. The Commission is an independent 

federal regulatory agency established 

pursuant to, and responsible for the 

enforcement of the Consumer Product 

Safety Act, 15 U.S.C. 2051–2089 

(‘‘CPSA’’). 

3. Kidz World is a corporation 

organized and existing under the laws of 

the State of New York, with its principal 

offices located in New York, NY. Kidz 

World is an importer of apparel. 

Staff Allegations 

4. From September 2007 to October 

2007, Kidz World imported and/or sold 

to U.S. retailers about 5,000 boy’s 

hooded sweatshirts with drawstrings 

(‘‘Drawstring Sweatshirts’’). 

5. The Drawstring Sweatshirts are 

‘‘consumer product[s],’’ and, at all times 

relevant hereto, Kidz World was a 

‘‘manufacturer’’ of those consumer 

products, which were ‘‘distributed in 

commerce,’’ as those terms are defined 

in CPSA sections 3(a), (5), (8), and (11), 

15 U.S.C. 2052(a), (5), (8), and (11). 

6. In February 1996, the Staff issued 

the Guidelines for Drawstrings on 

Children’s Upper Outerwear 

(‘‘Guidelines’’) to help prevent children 

from strangling or entangling on neck 

and waist drawstrings. The Guidelines 

state that drawstrings can cause, and 

have caused, injuries and deaths when 

they catch on items such as playground 

equipment, bus doors, or cribs. In the 

Guidelines, the Staff recommends that 

there be no hood and neck drawstrings 

in children’s upper outerwear sized 2T 

to 12. 

7. In June 1997, ASTM adopted a 

voluntary standard, ASTM F1816–97, 

that incorporated the Guidelines. The 

Guidelines state that firms should be 

aware of the hazards and should be sure 

garments they sell conform to the 

voluntary standard. 

8. On May 19, 2006, the Commission 

posted on its Web site a letter from the 

Commission’s Director of the Office of 

Compliance to manufacturers, 

importers, and retailers of children’s 

upper outerwear. The letter urges them 

to make certain that all children’s upper 

outerwear sold in the United States 

complies with ASTM F1816–97. The 

letter states that the Staff considers 

children’s upper outerwear with 

drawstrings at the hood or neck area to 

be defective and to present a substantial 

risk of injury to young children under 

Federal Hazardous Substances Act 

(‘‘FHSA’’) section 15(c), 15 U.S.C. 

1274(c). The letter also notes the CPSA’s 

section 15(b) reporting requirements. 

9. Kidz World reported to the 

Commission there had been no 

incidents or injuries involving 

Drawstring Sweatshirts. 

10. Kidz World’s importation and 

distribution in commerce of the 

Drawstring Sweatshirts did not meet the 

Guidelines or ASTM F1816–97, failed to 

comport with the Staff’s May 2006 

defect notice, and posed a strangulation 

hazard to children. 

11. On March 28, 2008, the 

Commission and Kidz World 

announced a recall of the Drawstring 

Sweatshirts. The recall informed 

consumers that they should 

immediately remove the drawstrings to 

eliminate the hazard. 

12. Kidz World had presumed and 

actual knowledge that the Drawstring 

Sweatshirts distributed in commerce 

posed a strangulation hazard and 

presented a substantial risk of injury to 

children under FHSA section 15(c)(1), 

15 U.S.C. 1274(c)(1). Kidz World had 

obtained information that reasonably 

supported the conclusion that the 

Drawstring Sweatshirts contained a 

defect that could create a substantial 

product hazard or that they created an 

unreasonable risk of serious injury or 

death. CPSA sections 15(b)(3) and (4), 

15 U.S.C. 2064(b)(3) and (4), required 

Kidz World to immediately inform the 

Commission of the defect and risk. 

13. Kidz World knowingly failed to 

immediately inform the Commission 

about the Drawstring Sweatshirts as 

required by CPSA sections 15(b)(3) and 

(4), 15 U.S.C. 2064(b)(3) and (4), and as 

the term ‘‘knowingly’’ is defined in 

CPSA section 20(d), 15 U.S.C. 2069(d). 

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