[Federal Register Volume 68, Number 113 (Thursday, June 12, 2003)]
[Proposed Rules]
[Page 35191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14482]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1500


Public Meeting Concerning Bath Seat Rulemaking

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of public meeting.

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SUMMARY: The Consumer Product Safety Commission (``CPSC'' or 
``Commission'') will conduct a public meeting on July 28, 2003 
(possibly extending to July 29) to receive comments on the CPSC staff 
briefing package, which recommends that the Commission issue a notice 
of proposed rulemaking proposing that bath seats meet certain 
requirements. The Commission invites oral presentations from members of 
the public with information or comments related to the briefing 
package. The Commission will consider these presentations in its 
deliberations on the rulemaking.

DATES: The meeting will begin at 9 a.m. on July 28, 2003 and may 
continue to July 29 if necessary. Requests to make oral presentations, 
and 10 copies of the text of the presentation, must be received by the 
CPSC Office of the Secretary no later than July 21, 2003. Persons 
making presentations at the meeting should provide an additional 25 
copies for dissemination on the date of the meeting.
    The Commission reserves the right to limit the number of persons 
who make presentations and the duration of their presentations. To 
prevent duplicative presentations, groups will be directed to designate 
a spokesperson.
    Written submissions, in addition to, or instead of, an oral 
presentation may be sent to the address listed below and will be 
accepted until August 28, 2003.

ADDRESSES: The meeting will be in room 420 of the East-West Towers 
Building, 4330 East-West Highway, Bethesda, MD. Requests to make oral 
presentations, and texts of oral presentations should be captioned 
``Bath Seat NPR'' and be mailed to the Office of the Secretary, 
Consumer Product Safety Commission, Washington, DC 20207, or delivered 
to that office, room 502, 4330 East-West Highway, Bethesda, Maryland 
20814. Requests and texts of oral presentations may also be submitted 
by facsimile to (301) 504-0127 or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: For information about the purpose or 
subject matter of this meeting contact Patricia L. Hackett, Project 
Manager, Directorate for Engineering Sciences, U.S. Consumer Product 
Safety Commission, Washington, DC 20207; telephone (301) 504-7577; e-
mail: [email protected]. For information about the schedule for 
submission of requests to make oral presentations and submission of 
texts of oral presentations, contact Rockelle Hammond, Office of the 
Secretary, Consumer Product Safety Commission, Washington, DC 20207; 
telephone (301) 504-6833; fax (301) 504-0127; e-mail [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    In July 2000, the Commission received a petition from the Consumer 
Federation of America (``CFA'') and eight other organizations 
requesting that the Commission issue a rule that would ban bath seats 
and bath rings (hereafter ``bath seats'') under the Federal Hazardous 
Substances Act (``FHSA''). The Commission evaluated information from 
the CFA petition, a staff briefing package and public comments on the 
petition. On May 30, 2001, the Commission voted to grant the CFA 
petition and begin rulemaking. On August 1, 2001, the Commission 
published an advance notice of proposed rulemaking (``ANPR'') in the 
Federal Register. 66 FR 39692. The Commission received ten comments 
from nine individuals in response to the ANPR.
    The staff reviewed the comments and relevant information and 
forwarded a briefing package to the Commission.
    The staff recommends that the Commission issue a notice of proposed 
rulemaking (``NPR'') that would propose three requirements to address 
the three main hazard scenarios the staff identified from the reported 
fatalities.
    The staff recommends a stability requirement to address the hazard 
of bath seats tipping over while in use. The staff has identified 30 
fatalities and 80 non-fatal incidents or complaints involving bath 
seats tipping over that were reported from January 1983 through 
December 2002. The staff recommends a stability requirement that is 
essentially the same as the stability requirement in the ASTM voluntary 
standard but requires testing on a slip-resistant surface.
    The staff has identified 3 deaths and 17 non-fatal incidents or 
complaints involving children who were submerged or entrapped in bath 
seats that were reported from January 1983 through December 2002. To 
address this hazard, the staff recommends a performance requirement 
specifying that the bath seat's leg openings not allow passage of 
probes that represent the shoulder and torso of an infant. This 
requirement is identical to one that ASTM approved in March 2003 for 
inclusion in its revised standard, ASTM F 1967-03.
    The staff has identified 19 fatalities and 13 non-fatal incidents 
or complaints involving children coming out of bath seats that were 
reported from January 1983 through December 2002. The staff has not 
been able to develop performance criteria that could effectively 
address this hazard. The staff recommends a revised warning label to 
better alert caregivers to the danger of leaving a child alone in a 
bath seat.

B. The Public Meeting

    The purpose of the public meeting is to provide a forum for oral 
presentations on the CPSC staff briefing package concerning the bath 
seat NPR.
    Participation in the meeting is open. See the DATES section of this 
notice for information on making requests to give oral presentations at 
the meeting and on making written submissions.

    Dated: June 3, 2003.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 03-14482 Filed 6-11-03; 8:45 am]
BILLING CODE 6355-01-P