[Federal Register Volume 74, Number 170 (Thursday, September 3, 2009)]
[Proposed Rules]
[Pages 45723-45724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20947]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1500


Infant Bath Seats: Termination of Rulemaking

AGENCY: Consumer Product Safety Commission.

ACTION: Termination of rulemaking.

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SUMMARY: In the Federal Register of December 29, 2003 (68 FR 74878), 
the Consumer Product Safety Commission (``Commission'') published a 
notice of proposed rulemaking under the Federal Hazardous Substances 
Act (``FHSA'') to reduce the unreasonable risk of injury associated 
with bath seats. On August 14, 2008, the Consumer Product Safety 
Improvement Act of 2008 (``CPSIA'') was enacted. Section 104(b) of the 
CPSIA requires the Commission to promulgate consumer product safety 
standards for durable infant or toddler products, which are to be 
``substantially the same as'' applicable voluntary standards (or more 
stringent requirements if they would further reduce the risk of injury 
associated with the product). Elsewhere in this issue of the Federal 
Register, the Commission is proposing a safety standard for infant bath 
seats in response to section 104(b) of the CPSIA. The rulemaking 
initiated under the FHSA is superseded by section 104(b) of the CPSIA. 
Accordingly, the Commission has terminated the infant bath seat 
rulemaking initiated under the FHSA.

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; [email protected].

SUPPLEMENTARY INFORMATION:

A. 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 from the time they can sit up unassisted (about 5 months) to 
the time they begin pulling themselves up to a standing position (about 
10 months).

B. Rulemaking Pursuant to the Federal Hazardous Substances Act (FHSA)

    In response to a petition from the Consumer Federation of America 
and others in 2000, in the Federal Register

[[Page 45724]]

of August 1, 2001, the Commission published an advance notice of 
proposed rulemaking (``ANPR'') (66 FR 39692) to begin a rulemaking 
proceeding concerning infant bath seats under the Federal Hazardous 
Substances Act (``FHSA''). On December 29, 2003, the Commission 
published a notice of proposed rulemaking (``NPR'') (68 FR 74878) 
proposing that bath seats meet specified requirements for stability, 
leg openings and labeling.

C. 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. Elsewhere in this issue of the Federal Register, the 
Commission is issuing a proposed rule that would establish a safety 
standard for bath seats that is substantially the same as a voluntary 
standard developed by the American Society for Testing and Materials 
and designated as ASTM F 1967-08a, ``Standard Consumer Safety 
Specification for Infant Bath Seats,'' with some modifications to 
strengthen the ASTM standard.

D. Termination of the FHSA Rulemaking

    The direction in section 104(b) of the CPSIA to the Commission to 
begin rulemaking for durable infant or toddler products, including bath 
seats, supersedes the bath seat rulemaking that the Commission began 
under the FHSA. Therefore, the Commission is terminating the FHSA bath 
seat proceeding that began on August 1, 2001 with the issuance of an 
ANPR.

    Dated: August 25, 2009.
Todd Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. E9-20947 Filed 9-2-09; 8:45 am]
BILLING CODE 6355-01-P