[Federal Register Volume 59, Number 147 (Tuesday, August 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18789]


[[Page Unknown]]

[Federal Register: August 2, 1994]


  
  
  
  
  
  
  
                                                   VOL. 59, NO. 147

                                            Tuesday, August 2, 1994

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1500

 

Baby Walkers; Advance Notice of Proposed Rulemaking; Request for 
Comments and Information

AGENCY: Consumer Product Safety Commission.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: Based on currently available information, the Commission has 
reason to believe that unreasonable risks of injury and death may be 
associated with baby walkers. The Commission knows of 11 deaths 
involving baby walkers since January 1989. One of these deaths involved 
a failure of the walker's seat. In the others, the walker may have 
provided the child with the mobility to access the hazard. In 1993, 
there were approximately 25,000 baby walker-related injuries treated in 
hospital emergency rooms in the United States.
    The rate of walker-related injuries has increased significantly 
over the period 1984-1993. Almost all of the injuries during that 
period involved children under 15 months of age. About 79 percent of 
the incidents involved children who fell down stairs or between levels 
in a baby walker. Other injuries occurred when a walker tipped over or 
from burns when a child in a walker contacted a hot oven, heater, or 
radiator or when a child upset a container of hot liquid that the child 
was able to reach because he or she was supported by a walker.
    This advance notice of proposed rulemaking (``ANPR'') initiates a 
rulemaking proceeding under the authority of the Federal Hazardous 
Substances Act (``FHSA''). One result of the proceeding could be the 
promulgation of a rule mandating performance or design requirements or 
additional labeling for baby walkers. Such requirements might, for 
example, result in walkers that are less mobile, that will not pass 
through standard door openings at the head of stairs, or that will be 
immobilized if part of the walker crosses the edge of a step. If there 
is no feasible performance or design requirement that will adequately 
reduce the risks associated with baby walkers, the Commission can 
consider other alternatives.
    The Commission solicits written comments from interested persons 
concerning the risks of injury and death associated with baby walkers, 
the regulatory alternatives discussed in this notice, other possible 
means to address these risks, and the economic impacts of the various 
regulatory alternatives. The Commission also invites interested persons 
to submit an existing standard, or a statement of intent to modify or 
develop a voluntary standard, to address the risks of injury described 
in this notice.

DATES: Written comments and submissions in response to this notice must 
be received by the Commission by October 3, 1994.

ADDRESSES: Comments should be mailed, preferably in five (5) copies, to 
the Office of the Secretary, Consumer Product Safety Commission, 
Washington, D.C. 20207-0001, or delivered to the Office of the 
Secretary, Consumer Product Safety Commission, Room 502, 4330 East-West 
Highway, Bethesda, Maryland 20814; telephone (301) 504-0800.

FOR FURTHER INFORMATION CONTACT: Barbara Jacobson, Directorate for 
Health Sciences, Consumer Product Safety Commission, Washington, D.C. 
20207; telephone (301) 504-0477, ext. 1206.

SUPPLEMENTARY INFORMATION:

A. Background

    For the reasons discussed in this notice, the U. S. Consumer 
Product Safety Commission (``CPSC'' or ``Commission'') is beginning a 
rulemaking proceeding to address risks associated with baby walkers.\1\ 
A baby walker is a device that supports a child so that the child can 
use its feet to move around before or while learning to walk. A baby 
walker generally consists of a fabric seat with leg openings mounted to 
a rigid plastic deck. The deck is attached to a base that usually has 
wheels to make it mobile. Walkers generally can be folded for storage, 
and may have a feeding tray, adjustable seat height, and a bouncing 
mechanism. Activity toys may be attached to the trays, and some walkers 
have wheel lock mechanisms.
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    \1\The Commission voted 2-1 to begin this proceeding. Chairman 
Ann Brown and Commissioner Jacqueline Jones-Smith voted to publish 
this notice; Commissioner Mary Sheila Gall voted against. Statements 
by the Commissioners concerning this vote can be obtained from the 
Office of the Secretary.
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    The Commission has long recognized that hazards are associated with 
baby walkers. The Commission's regulations establish mandatory 
requirements for ``baby walkers,'' ``baby bouncers,'' and ``bouncer-
walkers.'' These products are banned under 16 CFR 1500.18(a)(6) unless 
they meet the criteria described in 16 CFR 1500.86 (a)(4). These 
criteria specify that baby walkers must be designed to prevent injury 
from any scissoring, shearing, or pinching when the frame or other 
components rotate or move relative to one another; cover coil springs 
that have spaces greater than 0.125 inches when fully extended; guard 
any holes, slots, or cracks greater than 0.125 inches in diameter or 
width; and prevent accidental collapse. The product also must be 
labeled with the name and address of the manufacturer, packer, 
distributor, or seller and with a code mark indicating the model number 
of the walker.
    In 1986, a voluntary standard (ASTM F977) was published which 
contains performance requirements addressing some of the baby walker 
hazards addressed by the CPSC mandatory standard. In addition, the 
voluntary standard included six warnings that address the risk of falls 
down stairs and other hazards. In 1989, the ASTM voluntary standard was 
changed to require a permanent stairs-warning label in a place that 
will be seen by the consumer when placing a child in a walker. This new 
label states, ``WARNING: Avoid serious injury. NEVER use near stairs.''
    The Commission's staff has recommended revisions to the current 
ASTM warning labels, including a warning label to tell consumers to 
block stairway openings, rather than to tell them never to use walkers 
near stairs. The staff also suggested that the stair warning label be 
redesigned according to the ANSI Z535.4-1991 Standard for Product 
Safety Signs and Labels. In addition, the staff suggested that the ASTM 
baby walker standard state specifically several options of where the 
stair warning label should be placed to assure that it is conspicuous.
    As the Commission's staff continued to monitor data submitted from 
hospital emergency rooms through the National Electronic Injury 
Surveillance System (``NEISS''), it became apparent that falls down 
stairs were a major cause of injuries associated with baby walkers. 
While the staff was considering what action to recommend for this 
hazard, the Commission was petitioned, in August of 1992, to ban 
wheeled baby walkers. The petitioners were the Consumer Federation of 
America (``CFA''), the American Academy of Pediatrics, the Washington 
Chapter of the American Academy of Pediatrics, the National Safe Kids 
Campaign, and Consumers Union. The petition asked that the Commission 
declare baby walkers to be a mechanical hazard under the FHSA. As 
discussed in section G of this notice, such a declaration would ban the 
product.
    After considering the available information on deaths and injuries 
associated with walkers, and other available information, the 
Commission unanimously voted to deny the petition on April 15, 1993.\2\ 
The petition was denied because the available information did not 
establish a reasonable probability that the Commission would be able to 
make the necessary statutory findings if a rulemaking proceeding were 
commenced at that time. It appeared that several potential design 
modifications to existing baby walkers were feasible to address the 
major hazard scenario with walkers--that of falls down stairs. These 
modifications included a device without wheels with a treadmill to 
simulate walking, a walker with a ``wheel-stop'' mechanism (which would 
resist motion of the walker if a wheel or feeler went over the edge of 
a step), or a walker that is too wide to fit through most door openings 
at the top of stairs. Given these possible alternatives to a total ban, 
the Commission could not conclude that it would likely be able to make 
the requisite statutory finding that the requested total ban was the 
least burdensome alternative that would adequately reduce the risks 
from baby walkers. In addition, not enough was known about the costs 
and benefits of a total ban to conclude that the Commission would 
likely be able to make the statutory findings that the ban was 
reasonably necessary to reduce an unreasonable risk of injury and that 
the benefits of the ban would bear a reasonable relationship to its 
costs.
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    \2\At that time, the Commission consisted of Chairman Jacqueline 
Jones-Smith, Commissioner Mary Sheila Gall, and Commissioner Carol 
Dawson.
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    Although the Commission denied the petition for a total ban, at the 
same time it directed the staff to develop a proposed project that 
would produce recommendations to address the hazards associated with 
baby walkers.\3\ Shortly thereafter, the Commission approved a project 
to determine the feasibility of developing a standard to effectively 
reduce the risk of injury associated with baby walkers, particularly 
the risk of falling down stairs. The project included a special study 
of emergency-room-treated injuries related to walkers that were 
reported through NEISS. This data-gathering activity is discussed in 
section D of this notice.
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    \3\The Commission voted 2-1 to develop this project, with 
Commissioner Carol Dawson dissenting.
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    During fiscal year 1993, the Commission's Office of Compliance and 
Enforcement conducted a field program to assess the compliance level of 
certain juvenile products with the mandatory small parts regulations 
(Juvenile Products Small Parts Compliance Survey, FPC 93-010). Baby 
walkers were one of the products included in the survey. As part of the 
survey, baby walkers were also screened for compliance with the 
mandatory requirements regarding scissoring, shearing, and pinching (16 
CFR 1500.86(a)(4)), and for conformance with the warning label 
requirements in the voluntary standard (ASTM F977-89). The survey 
covered 74 major juvenile product manufacturers or importers that were 
randomly selected for inspection. Eleven of these firms manufactured or 
imported baby walkers. Thirty-four styles of baby walkers were 
screened. All walkers complied with the mandatory requirements 
regarding scissoring, shearing, and pinching, and all but two styles of 
one manufacturer conformed with the voluntary labeling requirements. 
This manufacturer agreed to label its current inventory and future 
production.
    A status report on the baby walker project was submitted to the 
Commission in June 1994. After considering the status report, the 
Commission decided to commence a rulemaking proceeding by publishing 
this ANPR.

B. The Product

    The products that are the subject of this proceeding are baby 
walkers, as described in section A of this notice. The Commission's 
staff does not expect this proceeding to result in additional features 
to prevent falls down stairs for stationary walkers and other walkers 
which a young child cannot move. However, performance requirements may 
have to be developed to determine which walkers have the requisite 
degree of immobility.
    Most traditional walkers range in price from $25 to $60, with the 
average price about $32. The Commission's staff estimates that there 
were approximately 4 million new and used walkers in use in the U.S. in 
1991. Consumers spend about $115 million per year on baby walkers. This 
represents sales of at least 3 million units.
    Staff has conducted a number of interviews of caregivers in 
connection with the ongoing baby walker project. Caregivers were asked 
to evaluate the most useful functions of walkers. Caregivers believed 
most often that the walker, ``Keeps the child happy or quiet,'' ``Helps 
the child exercise,'' ``Gives the child freedom and independence,'' and 
``Is a place to put the child while the caregiver is occupied.''
    Sixty-two percent of the parents in the follow-up investigations 
reported that the child used the walker more than once a day. For each 
use, 37 percent reported that the child typically was in the walker for 
less than 30 minutes; 45 percent reported that for each use the child 
typically was in the walker for about 30-60 minutes.

C. The Industry

    The Commission knows of 18 manufacturers or importers of baby 
walkers and jumpers. The leading manufacturer sells several times as 
many walkers as the next largest, and the top 9 brands or private 
labels are thought to account for about 60 percent of the market.

D. Risks of Injury and Death

    Deaths. The Commission is aware of 11 deaths related to baby 
walkers that have occurred between 1989 and 1993. Of these, four 
children drowned, four suffocated, two fell down stairs, and one fell 
out of a walker and received a fatal head injury. In one of these 
incidents, the seat loosened, allowing the child to slip downward and 
suffocate when his trachea was compressed against the walker's tray. In 
all the other incidents, the walker may have provided the child with 
the mobility to access the hazard.
    The deaths reported to CPSC are not statistically representative, 
and may not include all the deaths associated with baby walkers during 
this time period. Also, with the exception of 1991, CPSC received death 
certificates from deaths classified as ``falls'' from only one or two 
states. Thus, the number of fall-related baby walker deaths known to 
CPSC is probably an undercount.
    Injuries. In 1993, there were an estimated 25,000 baby walker-
related injuries treated in hospital emergency rooms in the United 
States. Baby walkers account for higher numbers of injuries annually 
than does any other type of nursery product. For example, in 1991, 
there were an estimated 10,400 injuries related to strollers and 
carriages, the nursery product category with the next highest number of 
estimated injuries.
    Based on an estimated 27,000 emergency-room-treated injuries to 
children under 15 months of age in 1991 and an estimated 4 million 
walkers in use, the estimated annual rate of injury is 6.75 injuries 
per 1,000 walkers in use. The most current data show a 12 percent 
increase in baby walker-related injuries treated in hospital emergency 
rooms for January through April 1994, compared to the same period in 
1993.
    In order to find out more about how baby walker injuries are 
occurring, the Commission's staff is identifying a sample of 300-400 
cases through NEISS for the period beginning August 15, 1993, with data 
collection to continue through September 1994. These cases are being 
followed up by telephone to obtain additional information about the 
incident. In addition, incidents involving falls down stairs or steps, 
and other incidents where more detail is needed, are being assigned for 
on-site investigations. The data collected through February 1994 have 
been analyzed and are discussed below.
    Of the baby walker incidents reported through NEISS between August 
15, 1993, and February 1994, 79 percent were falls down stairs or 
between levels. About half of the stair fall incidents involved a fall 
down basement stairs. About 3 percent of the incidents were due to 
walker tipovers, 3 percent to burns, and 15 percent to other hazard 
patterns (for instance, babies hitting their heads on walker trays, 
climbing on walkers, etc.). In about 10 percent of all baby walker 
incidents, another child appeared to be directly involved in causing 
the accident. In stair fall incidents, approximately 5 percent involved 
other children.
    The ages of the children injured ranged from 4 months to 2 years, 
with a median age of 8 months. About 95 percent of the victims were 15 
months of age or younger.
    Severity of injury. The majority of children involved in baby 
walker incidents (75 percent) received injuries classified as ``less 
severe,'' even though the head and face were often the injured body 
parts. Less severe injuries include lacerations, contusions, abrasions, 
hematomas, dental injuries, punctures, and strains or sprains.
    About one-fourth of the children (23 percent) received injuries 
classified as potentially ``more severe,'' such as concussions, burns, 
fractures, and internal organ injuries. Incidents that resulted in 
severe injuries occurred even when parents were in the same room or 
area as the child in the walker. The majority of potentially severe 
injuries were head injuries resulting from children in walkers falling 
down a flight of basement stairs onto either a covered or uncovered 
cement floor. The remaining potentially severe injuries were burns and 
limb fractures. The injuries were of varying severity, ranging from 
children who were treated and released to injuries that resulted in 
hospitalizations up to 7 days. At the time of the telephone 
investigations, all of the 128 parents contacted through February 1994 
reported that the children had ``fully recovered.''
    In 1991, the proportion of ``more severe'' to ``less severe'' 
injuries related to walkers was similar to that of cribs, high chairs, 
playpens, and changing tables. There was a significantly higher 
proportion of ``more severe'' injuries related to baby walkers than to 
strollers and carriages.
    During 1991, 7 percent of the children involved in walker- related 
incidents were hospitalized for observation or more extensive 
treatment. There were no significant differences between the 
proportions of hospitalizations to non- hospitalizations for baby 
walkers and cribs, high chairs, playpens, and changing tables. There 
was a significantly higher proportion of hospitalizations related to 
baby walkers than for strollers and carriages.
    The mechanism of general stair-related injuries differs in some 
respects from the mechanism of stair-related injuries involving baby 
walkers. Falls down stairs without walkers involve a series of impacts; 
an initial mild to severe impact, followed by a series of mild impacts 
(tumbling). The bouncing of a walker down steps, however, may result in 
an initial backward thrust of the head as the walker descends down the 
steps followed by a forward head thrust. One author suggests that 
``[s]uch a sequence could add additional impact energy and thus more 
severe injury.'' (DiMario F: Chronic Subdural Hematoma--Another 
Babywalker-Stairs Related Injury. Clinical Pediatrics 1990; 29:405-8.)

E. Other Factors Related to Baby Walker Incidents

    Step falls and doorway width. For the stair or step fall incidents, 
82 percent of the respondents who agreed to take measurements reported 
the width of the narrowest dimension of the opening at the top of the 
stairs or step as 36 inches or less (approximately the size of a normal 
door opening).
    Supervision of the Child and Precautions Taken. At the time of the 
incident, about half of the caregivers were in the same room or area as 
the child in the walker. For those caregivers who were in the same room 
or area with the child when the incident happened, 43 percent reported 
that they witnessed the incident. Some parents who did not witness the 
incident said they had looked away momentarily or were distracted by 
another child when the incident occurred. In some incidents where the 
caregivers were in another room or area than the child in the walker at 
the time of the incident, the child was in the caregiver's view.
    Over half of the respondents (61 percent) for the stair and step 
fall incidents reported a closed door, gate, or some other barrier in 
use prior to, or around, the time of walker use (doors-78 percent, 
gates-16 percent, other barriers-6 percent.) In 90 percent of the stair 
and step fall incidents where a barrier was in use, the door, gate, or 
other barrier had been moved, left ajar, or not latched properly. Seven 
percent of the respondents for these incidents who reported a gate in 
use suggested that the gate may have failed; this was reported solely 
as ``the walker pushed the gate open.'' Other stair and step fall 
incidents included cases where children bypassed a barrier or safety 
precaution or moved too quickly for a nearby adult to prevent the 
incident.
    Ten percent of the respondents reported a baby walker incident 
prior to the incident in the study. Three percent reported a previous 
stair fall incident. Seventy-six percent of the respondents reported 
using the walker again after an injury occurred, including over half of 
those whose child was diagnosed as having a potentially serious injury. 
For the stair fall incidents where the walker was still available, 57 
percent of the respondents who agreed to look for labeling information 
reported a label with a stair warning.

E. Existing Standards

    As explained in section A of this notice, ASTM has a voluntary 
standard for baby walkers, ASTM F977. This standard has performance 
requirements that address walker tipover and structural failure. Falls 
down stairs are addressed by a warning label. The CPSC staff's 
compliance program, also discussed in section A of this notice, 
indicated a high level of conformance with the stair warning label 
requirement of the voluntary standard.
    At this time, ASTM is not considering performance requirements to 
address the hazard of children falling down stairs in walkers. ASTM 
members are waiting for completion of the CPSC data collection, 
discussed above, to determine the appropriate direction for any new 
requirements.
    A voluntary safety standard published by the Canadian Juvenile 
Products Association, effective June 1, 1989, requires walkers to be 
constructed to preclude their passage through a simulated door opening 
900 mm (35.4 inches) in width. In Canada, this standard had the same 
effect as a ban of the sale of walkers. Walker manufacturers apparently 
believed that the low market sales of walkers in Canada (about 150,000 
annually as compared to 4 million in the U.S.) did not justify 
redesigning their products. However, due to the much larger market in 
the United States, and the fact that this alternative retains much of 
the mobility of a traditional walker, the Commission has no reason to 
believe that a standard similar to the Canadian one would eliminate the 
U.S. market for baby walkers.

F. Statutory Authority

    The FHSA is the appropriate act for regulating risks associated 
with baby walkers or other articles intended for use by children that 
present a mechanical hazard. 15 U.S.C. 1261(F)(1)(D). Section 2(s) of 
the FHSA provides:

An article may be determined (by rule) to present a mechanical 
hazard if, in normal use or when subjected to reasonably foreseeable 
damage or abuse, its design or manufacture presents an unreasonable 
risk of personal injury or illness . . . (4) from moving parts, (5) 
from lack or insufficiency of controls to reduce or stop motion, . . 
. (8) because of instability, or (9) because of any other aspect of 
the article's design or manufacture.

15 U.S.C. 1261(s). The Commission's current regulations for baby 
walkers were issued under the FHSA. 16 CFR 1500.18(a)(6), 
1500.86(a)(4).
    Section 2(s) of the FHSA provides CPSC with jurisdiction over 
unreasonable risks of children tipping over in walkers, being injured 
by a walker's moving or collapsible parts, or falling down stairs in 
walkers. However, the primary risk associated with walkers is that of 
children falling down stairs. The design features that may be 
implicated by this particular risk include, for example, the absence of 
an effective way to limit or stop the product's motion and its ability 
to fit through a standard doorway.
    Declaring that all walkers, or walkers that fail to meet specified 
criteria, are a hazardous substance because they present a mechanical 
hazard would trigger the banning provision of FHSA Sec. 2(q)(1)(A). 
This section of the act provides that the term ``banned hazardous 
substance'' includes ``any toy, or other article intended for use by 
children, which is a hazardous substance. . . .'' 15 U.S.C. 
1261(q)(1)(A).
    This proceeding under the FHSA to determine whether baby walkers 
present a mechanical hazard is being conducted under sections 3(f)-(i) 
of the FHSA. This involves a three-stage rulemaking, commenced by the 
publication of this ANPR.
    The next stage in the rulemaking proceeding will be a decision 
either to publish a notice of proposed rulemaking (``NPR'') or to 
terminate the proceeding. If the Commission decides to continue the 
rulemaking proceeding after considering responses to the ANPR, the 
Commission must publish the text of the proposed rule, along with a 
preliminary regulatory analysis, in accordance with FHSA section 3(h). 
15 U.S.C. 1262(h). If the Commission then wishes to issue a final rule, 
it must publish the text of the final rule and a final regulatory 
analysis that includes the elements stated in section 3(i)(1) of the 
FHSA. 15 U.S.C. 1262(i)(1). Before the Commission may issue a final 
regulation, it must make statutory findings concerning voluntary 
standards; the relationship of the costs and benefits of the rule; and 
the burden imposed by the regulation. FHSA sec. 3(i)(2), 15 U.S.C. 
1262(i)(2).

G. Regulatory Alternatives Under Consideration

    The Commission is considering alternatives to reduce the number of 
injuries and deaths related to baby walkers.
    1. Performance or design requirement. For the reasons discussed 
above, it appears possible that a performance or design requirement can 
be developed that will reduce the risk of children falling down stairs 
in baby walkers. The staff is aware of the following product designs 
intended to address the hazard of falls down stairs:
    1. Walkers with a diameter larger than the normal door opening to 
prevent access to stairs.
    2. Walkers with a ``wheel-stop'' mechanism.
    3. Walkers with mobility limited to a confined space.
    4. Stationary alternatives.
    The Commission concludes that it is possible to develop a 
performance or design requirement that will allow the use of one or 
more of these designs to address the risk of falls down stairs. These 
alternatives are discussed separately below.
    Wide walkers. The results of the analysis of the current CPSC 
special study indicate that walkers with a 36-inch-diameter base 
theoretically could address 82 percent of the stair and step fall 
incidents, including almost all of the severe incidents (falls down 
basement stairs). A 36-inch requirement would add approximately 6 to 10 
inches to the diameter of walkers currently on the market. There may be 
a perceived or actual loss of utility of such a product in terms of 
actual use by a child if it will not fit between furniture in most 
households. Also, there would be a loss of convenience if the walker is 
too large for convenient storage or for transporting to other locations 
by car.
    If the product is unacceptable to consumers, they may choose to 
purchase used, traditional walkers. In this event, the percentage of 
incidents addressed by a larger diameter walker could be significantly 
less than 82 percent--at least for the period of time that used, 
traditional walkers are available.
    Wheel-Stop Mechanisms. One manufacturer is marketing a walker with 
a wheel-stop mechanism which retails for around $55. The consumer can 
use the wheel-stop mechanism to manually retract all eight wheels so 
that the walker is stationary. Another manufacturer marketed a walker 
with an automatic wheel-stop mechanism, which retailed for $60-$80. 
This product had the wheels arranged so that if one wheel passed over a 
step, a second wheel would retract, causing the base ring to drop, grip 
the floor surface, and restrict further mobility of the walker. This 
product was discontinued due to limited sales.
    Products with wheel-stop mechanisms provide all the utility and 
features of a traditional walker. The staff does not know how effective 
passive or automatically retracting wheels can be in addressing stair 
and step fall injuries.
    Walkers with Mobility Limited to a Confined Space. One manufacturer 
plans to introduce a new walker with limited mobility in September 
1994. This product is expected to retail for $80-$90 initially, with a 
goal of lowering the retail price to $69 with a higher sales volume. 
With this walker, a child can walk, clockwise or counter-clockwise, 
around the circumference of a 36 inch stationary base. The child can 
also rotate the seat 360 deg..
    There is a patent pending on a walker with a pivot point and 
control arm that converts a traditional walker into a tethered walker. 
A child can travel in a circle, clockwise or counterclockwise, around 
the weighted central pivot point. The control arm can be adjusted to 
increase or decrease the circumference of the walker's path.
    Stationary Alternatives. A nonmobile product is being marketed that 
retails for around $50. This product has a 28-inch diameter saucer base 
and a seat that the child can bounce up and down and rotate 360 deg.. 
Three legs can be lowered to stop the rocking motion.
    Another nonmobile product is marketed that retails for around $70. 
This product has a seat that the child can bounce up and down and 
rotate 360 deg..
    Theoretically, walkers with limited mobility or stationary 
alternative products could address almost all deaths and injuries 
associated with walkers. With restricted mobility, a child would not 
have access to stairs, steps, hot surfaces, uneven floor surfaces, or 
other hazards. However, mobility is a unique characteristic of a walker 
that is attractive to consumers and toddlers. Sales of traditional 
mobile walkers have always substantially exceeded sales of stationary 
products such as jumpers and bouncers.
    The staff does not know whether stationary alternative products or 
walkers with limited mobility can provide levels of stimulation 
comparable to mobile walkers. If such products are unacceptable to 
consumers, they may choose to purchase used traditional walkers. In 
this event, the percentage of incidents addressed could be 
significantly less than expected--at least for the period of time that 
used traditional walkers are available.
    2. Labeling and instructions. Another alternative is labeling the 
product to warn against its hazards and providing information on the 
risks in the product's instructions. The Commission's staff is working 
with members of the ASTM Section for Infant Walkers to revise the 
current labeling on baby walkers. However, labeling and instructions 
alone are not likely to adequately reduce the risk and should be used 
in conjunction with product modifications, where possible.
    3. Voluntary standards. As noted above, there is no voluntary 
standard in existence that would adequately reduce the risk of injury 
from stair falls in walkers. Even if a voluntary standard were 
developed, the Commission has no basis for concluding that the standard 
would be conformed with generally by walker manufacturers.

H. Solicitation of Information and Comments

    This ANPR is the first step of a proceeding which could result in a 
mandatory performance, design, or labeling requirement for baby walkers 
that present an unreasonable risk of falling down stairs.
    All interested persons are invited to submit to the Commission 
their comments on any aspect of the alternatives discussed above. The 
Commission is interested in any information about the ability of 
stationary alternative products or walkers with limited mobility to 
provide levels of stimulation comparable to mobile walkers. In 
addition, in accordance with section 9(a) of the FHSA, the Commission 
solicits:
    (1) Written comments with respect to the risk of injury identified 
by the Commission, the regulatory alternatives being considered, and 
other possible alternatives for addressing the risk.
    (2) Any existing standard or portion of a standard which could be 
issued as a proposed regulation.
    (3) A statement of intention to modify or develop a voluntary 
standard to address the risk of injury discussed in this notice, along 
with a description of a plan (including a schedule) to do so.
    Comments should be mailed, preferably in five (5) copies, to the 
Office of the Secretary, Consumer Product Safety Commission, 
Washington, D.C. 20207-0001, or delivered to the Office of the 
Secretary, Consumer Product Safety Commission, Room 502, 4330 East West 
Highway, Bethesda, Maryland 20814; telephone (301) 504-0800. All 
comments and submissions should be received no later than October 3, 
1994.

    Dated: July 27, 1994.
Sayde E. Dunn,
Secretary, Consumer Product Safety Commission

Reference Documents

    The following documents contain information relevant to this 
rulemaking proceeding and are available for inspection at the Office 
of the Secretary, Consumer Product Safety Commission, Room 502, 4330 
East-West Highway, Bethesda, Maryland 20814:
    1. ASTM F 977-86 Standard Consumer Safety Specification for 
Infant Walkers.
    2. ASTM F 977-89 Standard Consumer Safety Specification for 
Infant Walkers.
    3. Petition HP 92-2, Petition to Ban Baby Walkers, August 27, 
1992.
    4. Letter from Bruce W. Dixon, M.D., September 4, 1992.
    5. Letter from Daniel and Lois Fermaglich, M.D.'s, concerning 
alternative walker designs, September 17, 1992.
    6. Request for consolidation from Daniel and Teresa Fonua, 
September 24, 1992.
    7. Supplementary information from petitioners, September 29, 
1992.
    8. Correspondence from Chung B. Kim, ``Opposition to Petition 
No. HP92-2 for an Absolute Ban on Baby Walkers Intended for Use by 
Children,'' October 22, 1992.
    9. Commission staff memo, from Frank Krivda, ``Infant Walker 
Compliance Activities,'' November 17, 1992.
    10. Correspondence from Graco Children's Products, Inc., 
``Address to the Commission: Comments Opposing the Petition of the 
Consumer Federation of American et al to Ban Baby Walkers,'' 
December 4, 1992.
    11. Commission staff memo from Carolyn Meiers, ``Petition to Ban 
Baby Walkers,'' December 8, 1992.
    12. Commission staff memo, from Leonard E. Schachter, EPHA, 
``Petition Requesting a Ban of Baby Walkers (HP 92-2), December 9, 
1992.
    13. Commission staff memo, from John Preston, ``Baby Walker 
Petition, HP 92-2,'' December 9, 1992.
    14. Commission staff memo, from Anthony Homan, ``Baby Walkers--
Petition HP 92-2,'' December 11, 1992.
    15. Letter from Locker, Greenberg & Brainin, P.C., representing 
the Juvenile Products Manufacturers Association, December 17, 1992.
    16. Letter from George McKown, December 22, 1992.
    17. Letter from James S. Todd, Executive Vice President, AMA, 
December 29, 1992.
    18. Statement from Moneyworth Watermelon, January 8, 1993.
    19. Letter from Taipei Inventors' Association, January 15, 1993.
    20. Letter from Diane Meredith Belcher in support of ban, 
February 5, 1993.
    21. Letter from Washington State Academy of Pediatric Dentists, 
February 11, 1993.
    22. Letter from Jim Deming, M.D., Lake Tomah Clinic, February 
12, 1993.
    23. Undated letter from Sam and Joril Danna opposing ban.
    24. Commission staff memo, from Terrance Karels, ``Briefing 
package--Baby Walker Petition HP 92-2,'' March 15, 1993.
    25. Letter from Sharlene McKenna, March 19, 1993.
    26. Commission staff memo to the Commission transmitting letters 
received concerning the baby walker petition, March 23, 1993.
    27. Letter from the American Physical Therapy Association, March 
30, 1993.
    28. Proposed changes to ASTM F 977-89, November 8, 1993.
    29. Commission staff memo, from Manon Boudreault, ``Report on 
Baby Walker Incidents for the period August 15, 1993, to February 
28, 1994,'' May 18, 1994.
    30. Commission staff memo, from Anthony Holman, ``Baby Walkers--
Regulatory Analysis Discussion,'' May 18, 1994.
    31. Commission staff memo, from Suad Nakamura, ``Baby Walker, 
Severe Injuries,'' May 26, 1994.
    32. Commission staff memo, from Dollie Manley, ``Infant Walkers 
Screened under the Juvenile Products Small Parts Compliance Survey, 
FPC 93-0101,'' June 1, 1994.
    33. Commission staff memo, from Manon Boudreault, ``Addendum to 
Report on Baby Walker Incidents Submitted May 18, 1994,'' June 8, 
1994.
    34. Briefing paper from Barbara Jacobson, ``Baby Walker Project 
Status Report with Options,'' June 9, 1994.
    35. Letter from William L. MacMillan, President of JPMA, June 
30, 1994.

[FR Doc. 94-18789 Filed 8-1-94; 8:45 am]
BILLING CODE 6355-01-P