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, 17639-17640 [E9-8721]

Download as PDF Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices mstockstill on PROD1PC66 with NOTICES 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 VerDate Nov<24>2008 16:47 Apr 15, 2009 Jkt 217001 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). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 17639 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. E:\FR\FM\16APN1.SGM 16APN1 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 https://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] 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. 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: Staff Allegations 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, 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 mstockstill on PROD1PC66 with NOTICES Consumer Product Safety Commission. ACTION: Notice. VerDate Nov<24>2008 16:47 Apr 15, 2009 Jkt 217001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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). E:\FR\FM\16APN1.SGM 16APN1

Agencies

Consumer Product Safety Commission

[Federal Register Volume 74, Number 72 (Thursday, April 16, 2009)]
[Notices]
[Pages 17639-17640]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8721]


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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.

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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.

[[Page 17640]]


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 https://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

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