[Federal Register Volume 60, Number 232 (Monday, December 4, 1995)]
[Rules and Regulations]
[Pages 62023-62024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29375]



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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1145


Regulation of Products Subject to Other Acts Under the Consumer 
Product Safety Act

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule; revocation of rules.

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SUMMARY: The Commission revokes seven rules transferring regulation of 
risks of injury from the Federal Hazardous Substances Act to the 
Consumer Product Safety Act. The Commission is revoking these rules 
because they are no longer needed.

EFFECTIVE DATE: December 4, 1995.

FOR FURTHER INFORMATION CONTACT: Allen F. Brauninger, Attorney, Office 
of the General Counsel, Consumer Product Safety Commission, Washington, 
DC 20207; telephone (301) 504-0980, extension 2216.

SUPPLEMENTARY INFORMATION: The Consumer Product Safety Act (CPSA) (15 
U.S.C. 2051 et seq.) established the Consumer Product Safety Commission 
(the Commission) to protect the public from unreasonable risks of 
injury associated with consumer products. Section 3(a)(1) of the CPSA 
(15 U.S.C. 2052(a)(1)) defines the term ``consumer product'' to mean an 
article which is produced or distributed for sale to, or use by, 
consumers.
    Section 30(a) of the CPSA (15 U.S.C. 2079(a)) transferred to the 
Commission the authority formerly exercised by the Secretary of Health, 
Education, and Welfare under the Federal Hazardous Substances Act 
(FHSA) (15 U.S.C. 1261 et seq.). Section 30(d) of the CPSA requires the 
Commission to regulate under the FHSA any risk of injury associated 
with a ``consumer product'' which can be eliminated or reduced to a 
sufficient extent by action under the FHSA, unless the Commission 
issues a rule to transfer regulation of that risk of injury to the 
CPSA.

B. Regulation of Toys and Children's Articles

    Toys and other articles intended for use by children are ``consumer 
products,'' as that term is defined by section 3(a)(1) of the CPSA, 
because they are articles which are produced for sale to consumers. 
Sections 2(f) and 3 (e) of the FHSA (15 U.S.C. 1261(f), 1262(e)) 
authorize the Commission to issue rules to ban any ``toy or other 
article intended for use by children'' which presents a ``mechanical 
hazard.'' The procedural steps required to issue a banning rule are set 
forth in sections 3(e) through (i) of the FHSA (15 U.S.C. 1262(e)-(i)).

C. Corrective Action Under the FHSA

    Before 1984, the Commission's authority to order corrective action 
for toys and children's articles under section 15 of the FHSA (15 
U.S.C. 1264) was limited to those items which violated an applicable 
banning rule.
    Between 1981 and 1984, the Commission received reports of deaths 
and injuries associated with several types of toys and children's 
articles. These products included:
     Stuffed toys suspended from cords or strings which 
presented a risk of strangulation death or injury.
     Squeeze toys which presented a risk of suffocation death 
or injury.
     Mesh-sided playpens and mesh-sided portable cribs which 
presented a risk of asphyxia to children from airway blockage or chest 
compression.
     Expandable enclosures made from criss-crossed slats which 
presented a strangulation hazard to children.
     Baby cribs with hardware failures or omissions which 
presented risks of death or injury to children.
     Baby bassinets with legs that collapsed and presented 
risks of death or injury to infants.
    All of these products were ``toys or other articles intended for 
use by children'' which presented a ``mechanical hazard.'' However, 
none of these products was subject to a banning rule issued under 
provisions of the FHSA. The Commission estimated that issuance of a 
banning rule would take about two years for each product.

D. Corrective Action Under the CPSA

    Then as now, provisions of section 15 of the CPSA (15 U.S.C. 2064) 
authorized the Commission to issue a corrective action order for any 
consumer product which contains a defect which creates a ``substantial 
risk of injury to the public'' whether or not the product is in 
violation of a consumer product safety rule or other regulation.

E. Issuance of Transfer Rules

    After considering the risks of injury to children presented by the 
products described above and the provisions of the FHSA and the CPSA, 
the Commission decided to transfer regulation of those risks from the 
FHSA to the CPSA. Although the risks of injury might ultimately be 
eliminated or reduced to a sufficient extent by action under the FHSA, 
issuance of rules to ban the products under consideration would be 
required before the Commission could issue a corrective action under 
the FHSA. The Commission concluded that transfer of regulation of the 
risks of injury from the FHSA to the CPSA was necessary because 
corrective action, if appropriate, could be accomplished more 
efficiently and expeditiously under the CPSA than under the FHSA.
    From 1982 through 1984, the Commission issued seven rules under 
provisions of section 30(d) of the CPSA to transfer regulation of risks 
of injury associated with toys and children's articles from the FHSA to 
the CPSA. Those rules are codified in title 16 of the Code of Federal 
Regulations as:

Sec. 1145.9 Certain stuffed toys; risk of strangulation injury (issued 
March 31, 1982, 47 FR 13516).
Sec. 1145.10 Certain squeeze toys; risk of strangulation injury and/or 
suffocation injury from lodging in the throat (issued March 15, 1984, 
49 FR 9722).

[[Page 62024]]

Sec. 1145.11 Certain play yards (playpens) with mesh sides; risk of 
asphyxia from airway blockage or chest compression (issued July 27, 
1983, 48 FR 34023).
Sec. 1145.12 Certain portable cribs with mesh sides; risk of asphyxia 
from airway blockage or chest compression (issued July 27, 1983, 48 FR 
34023).
Sec. 1145.13 Certain expandable children's enclosures; risk of 
strangulation (issued March 5, 1984).
Sec. 1145.14 Baby cribs with certain hardware failures or omissions; 
risks of death or injury (issued April 10, 1984, 49 FR 14101).
Sec. 1145.15 Baby bassinets having legs that collapse; risks of death 
or injury (issued July 27, 1984, 49 FR 30171).

    Thereafter, the Commission obtained voluntary corrective action 
plans from manufacturers of the products which were the subjects of the 
transfer rules.

F. Amendment of the FHSA

    On October 17, 1984, the Toy Safety Act of 1984 (Pub. L. 98-491, 98 
Stat. 2269) became law. This legislation is codified as section 15(c) 
of the FHSA (15 U.S.C. 1274(c)). It authorizes the Commission to order 
corrective action with regard to any toy or children's article which is 
not in violation of a banning rule but which nevertheless presents a 
``substantial risk of injury to children.'' With the addition of 
section 15(c) to the FHSA, the provisions of the FHSA and the CPSA 
authorizing the Commission to order corrective action are now 
substantially similar.

G. Revocation of Transfer Rules

    Manufacturers of the products subject to the transfer rules 
described above have taken all actions required by the corrective 
action plans accepted by the Commission. If, in the future, the 
Commission learns of similar risks of injury presented by such toys and 
children's articles, section 15(c) of the FHSA authorizes the 
Commission to issue an order for corrective action without first 
issuing a banning rule. Consequently, the Commission is revoking the 
transfer regulations codified at 16 CFR 1145.9 through 1145.14 because 
they are no longer needed.
    Generally, the Administrative Procedure Act (APA) (5 U.S.C. 553) 
requires agencies to publish a notice of proposed rulemaking before 
issuing or revoking a regulation. However, the APA provides at 5 U.S.C. 
553(b)(A) that requirements for a notice of proposed rulemaking are not 
applicable to rules of agency procedure or practice. Because the rules 
being revoked are procedural rules, notice of proposed rulemaking is 
not required.
    The APA also requires at 5 U.S.C. 553(d) that a substantive rule 
must be published at least 30 days before its effective date. However, 
the rules being revoked are procedural rules which do not have any 
substantive effect. Because the rules at issue meet these criteria, 
this revocation shall become effective immediately.

H. Conclusion

    Therefore, under the authority of section 553 of the Administrative 
Procedure Act and section 30(d) of the Consumer Product Safety Act, the 
Commission hereby amends title 16 of the Code of Federal Regulations, 
Chapter II, Subchapter B, Part 1145 to read as follows:

PART 1145--AMENDED

    1. The authority for Part 1145 continues to read as follows:

    Authority: Sec. 30(d), Pub. L. 92-573, 86 Stat. 1231 as amended 
90 Stat. 510; 15 U.S.C. 2079(d).


Secs. 1145.9 through 1145.15   [Removed and reserved]

    2. Sections 1145.9, 1145.10, 1145.11, 1145.12, 1145.13, 1145.14, 
and 1145.15 are removed and reserved.

    Dated: November 28, 1995.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 95-29375 Filed 12-1-95; 8:45 am]
BILLING CODE 6355-01-P