[Federal Register: October 6, 2008 (Volume 73, Number 194)]
[Proposed Rules]
[Page 58063-58070]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc08-15]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1500
Labeling Requirement for Toy and Game Advertisements
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: Section 105 of the Consumer Product Safety Improvement Act of
2008, (``CPSIA''), directs the Commission to promulgate regulations to
effectuate this section with respect to advertising for certain toys
and games in catalogues and other printed materials not later than 90
days after enactment. The Commission invites public comment on this
proposal.
DATES: Written comments concerning the advertisement requirements with
respect to catalogues and other printed materials must be received by
October 20, 2008. Written comments concerning the requirements with
respect to Internet advertisements must be received by November 20,
2008.
ADDRESSES: Comments should be e-mailed to cpsc-os@cpsc.gov, and should
be captioned ``ADVERTISING REQUIREMENTS NPR.'' Comments may also be
mailed, preferably in five copies, to the Office of the Secretary,
Consumer Product Safety Commission, Room 502, 4330 East-West Highway,
Bethesda, Maryland 20814, or delivered to the same address (telephone
(301) 504-0800). Comments also may be filed by facsimile to (301) 504-
0127.
[[Page 58064]]
FOR FURTHER INFORMATION CONTACT: Barbara E. Parisi, Project Manager,
Office of General Counsel, Consumer Product Safety Commission, 4330
East-West Highway, Bethesda, Maryland; telephone (301) 504-7879 or e-
mail: bparisi@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
Section 24(a) of the Federal Hazardous Substances Act (FHSA)
prescribes cautionary labeling requirements for toys or games that are
intended for use by children from 3 to 6 years old and contain small
parts. The cautionary statement warns potential purchasers that these
products are not for children under 3 years old due to choking hazards.
Section 24(b) of the FHSA prescribes similar requirements for balloons,
small balls, and marbles intended for children 3 years and older, or
any toy or game which contains such a balloon, small ball, or marble.
Section 105 of the CPSIA, Public Law 110-314, 122 Stat. 3016
(August 14, 2008), amends section 24 of the FHSA to require that, when
a product's packaging requires a cautionary statement, advertising for
the product that provides a direct means for purchase or order of the
product (including catalogues, other printed materials, and Internet
Web sites) must bear the same cautionary statement. Section 105
provides some guidelines on the format of the cautionary statement.
Specifically, it must be prominently displayed in the primary language
used in the advertisement, in conspicuous and legible type in contrast
by typography, layout, or color with other material printed or
displayed in the advertisement, and in a manner consistent with 16 CFR
part 1500.
Section 105 of the CPSIA also allows the Commission to provide a
grace period of no more than 180 days for catalogues and other printed
material printed prior to the effective date. In addition, the
Commission is directed to determine the applicability of the
requirements to catalogues and other printed material distributed
solely between businesses and not to individual consumers.
Section 105(2) of the CPSIA exempts the Commission from conducting
a Regulatory Flexibility Act and Paperwork Reduction Act analysis for
this rulemaking.
B. Proposed Regulation
Following is a brief description of the principal provisions of the
Commission's proposed regulation.
The CPSIA directs that the cautionary statements required by
section 105 of the CPSIA be prominently displayed in a manner
consistent with 16 CFR part 1500. The CPSIA also provides the
Commission with the authority to promulgate a regulation concerning the
size and placement of the required cautionary statements. The
Commission believes that the requirements in 16 CFR 1500.121 are
consistent with commonly accepted hazard-labeling guidelines and are
appropriate as guidelines for the cautionary statements in the
advertising, with a few modifications, as described below.
1. Minimum Type Size for Advertisements in Catalogues and Other
Printed Material.
The minimum type-size requirements specified in 16 CFR 1500.121 are
based on the area of the principal display panel of a hazardous
substance. For purposes of labeling advertisements in catalogues or
other printed materials, these type-size requirements would be
determined based on the size of the advertisement for the specific toy
or game to which it applies. For small advertisements-ones no more than
2 square inches-16 CFR 1500.121 would permit signal words and hazard
statements with letter heights as small as \3/64\ inch, or less than 5
points; the letter heights of other cautionary material in the label
could be as small as \1/32\ inch, or about 3 points.
The Commission has preliminarily determined, based on research,
that such small or fine-print risk disclosures in product advertising
would be ineffective because people are unlikely to read them. Based on
research regarding the legibility and readability of text and numerals,
the Commission has preliminarily determined that the proposed rule
should refer to the minimum type sizes specified in 16 CFR 1500.121,
but include the requirement that the sizes employed cannot be smaller
than 0.08 inches, or about 5/64 inch.
ANSI 2535.6 (2006), the primary U.S. voluntary consensus standard
on product safety information in product manuals, instructions, and
other collateral materials, specifies that safety message text be no
smaller than the majority of other non-safety text, other than
headings, immediately surrounding it. The Commission agrees with this
specification and has applied this general principle to the cautionary
labeling of advertisements in catalogues or other printed materials by
requiring cautionary statements to be the larger of (1) a certain
minimum type size based on the size of the advertisement (but no
smaller than 0.08 inches), or (2) the size of the largest text in the
advertisement that describes the function, use, or characteristics of
the toy or game being advertised.
2. Abbreviated Warnings for Catalogues and Other Printed Materials.
The Commission recognizes that it may be difficult to include the
full cautionary statements as spelled out in sections 24(a) and (b) of
the FHSA next to each product in a catalogue or other printed material
requiring a cautionary statement. ANSI Z535.6 (2006) allows for the use
of section safety messages in product manuals, instructions, and other
collateral materials. Although advertising and promotional materials
are not included within the scope of ANSI Z535.6, this voluntary
standard appears to be the most relevant to these materials. Section
safety messages are those that apply to entire sections, subsections,
or multiple paragraphs or procedures within a document, and typically
appear at the beginning of the section to which they apply. One of the
intended functions of section safety messages is to avoid the
unnecessary repetition of safety information while allowing users to
access the other information more easily and efficiently. If this
concept were applied directly to advertisements in catalogues or other
printed materials, a single version of a cautionary statement could be
placed at the beginning of a page or section of advertised products
that includes only toys and games that would require the same
cautionary statements. This might be difficult to implement, however,
in those cases in which a toy or game requires multiple cautionary
statements. Additionally, research has shown that warnings generally
should be located where consumers are likely to be looking when the
information is needed, and a single relevant cautionary message at the
beginning of a multi-page section could be missed easily. To address
these concerns, the Commission proposes that shorthand, or abbreviated,
versions of the required warnings be permitted in each product
advertisement, provided that these are defined with the full warning at
the bottom or top of each page--or extending across two facing pages if
both pages contain products to which the warnings apply--of the
catalogues. The bottom or top of each page or two-page spread must
provide the definition, or full cautionary statement, for each
abbreviated warning on that page. The proposed text of the rule
contains the abbreviated statements appropriate for each cautionary
statement.
3. Internet Warnings.
Section 105 of the CPSIA stipulates that the Commission shall
promulgate a final rule ``with respect to catalogues and other printed
material'' by
[[Page 58065]]
November 12, 2008. The CPSIA does not mandate that the Commission
promulgate a final rule with regard to requirements for Internet
advertising. Nonetheless, the Commission has proposed requirements for
Internet advertising, as detailed below and included in the proposed
rule.
The comment period with respect to requirements for Internet
advertising is longer than that for requirements for catalogues and
other printed materials. Comments on Internet advertising requirements
must be received by November 20, 2008. Regardless of whether and when
the Commission issues a final rule on the Internet advertising
requirements, the requirements for Internet advertisements as
implemented by Section 105 of the CPSIA will go into effect on December
12, 2008. As with catalogues and other printed materials, most of the
requirements specified in 16 CFR 1500.121 may be applied to the
cautionary labeling of advertisements on Internet Web sites. The
minimum type-size requirements specified in 16 CFR 1500.121, however,
cannot be applied readily since they are based on the area of the
principal display panel, and the analogous area for an Internet
advertisement could be limited by the size of the consumer's Internet
browser application window or by the computer monitor or display area
which could vary considerably. The Commission proposes that the type
size of the cautionary statements must be at least equal to the size of
the largest text in the advertisement that describes the function, use,
or characteristics of the toy or game advertised (for example, the
product description).
Research has found that risk information that is placed below the
page scroll of a Web site is unlikely to be seen. To reduce the
likelihood of this occurring, the Commission is proposing that the
required cautionary statement be located immediately before any other
statements in the advertisement that describes the function, use, or
characteristics of the toy or game being advertised. Further, the
Commission preliminarily finds that the use of abbreviated warnings in
place of full text warnings is neither necessary nor desirable for
Internet advertisements.
4. Business to Business Catalogues. The CPSIA directs the
Commission to determine the applicability of the advertising
requirements to catalogues and other printed materials that are
distributed solely among businesses. The Commission has analyzed the
benefits and costs associated with having the advertising requirements
applicable to business to business catalogues.
Some retailers that specialize in products for young children might
be wary of carrying products that contain small parts or balloons.
These retailers might value being provided cautionary statements before
they order the product from their suppliers. However, Section 105 of
the CPSIA already requires manufacturers, importers and other suppliers
to inform retailers of any cautionary statements that are required to
be included in catalogues and other printed advertisements for the
products they supply. Specifying just how this information must be
supplied (e.g. , through a catalogue), would reduce the flexibility of
manufacturers and other suppliers in determining how best to supply the
required information. If the requirements were not applied to
catalogues distributed solely between businesses, the manufacturers and
other suppliers would have the flexibility to develop less costly means
of providing the information to their retailers. Moreover, because
retailers typically do not provide young children with direct access to
the products, it is likely that applying these requirements to
catalogues distributed solely among businesses would prevent very few
injuries, if any. This would reduce the value of applying the
requirements to catalogues distributed solely to retailers and similar
businesses relative to the value of including them in catalogues
distributed to consumers. There would be some costs associated with
applying the advertising requirements to business to business
catalogues, including costs associated with changing the page layouts
to include cautionary statements. It will require some time and effort
by the publishers to determine how the cautionary statements can best
be added to their catalogues and then to proof the copy once the
changes are made.
If an exemption were included for business to business catalogues
and cautionary statements were not included in catalogues that were
distributed to organizations or establishments such as schools, day
care centers, churches, and recreational facilities as a result of the
exemption, the intent of section 105 of the CPSIA could be thwarted.
This is because such organizations often act as ``ultimate consumers,''
purchasing the toys and games for the use of children and not for
resale. Thus, any exemption provided would need to distinguish between
catalogues distributed solely between businesses and those intended for
final distribution to ultimate consumers, which may include
institutions such as schools, day care centers, churches, and
recreational facilities.
The Commission seeks further input on whether advertising
requirements for catalogues and other printed materials should also
apply to materials distributed solely between businesses and not to
ultimate consumers, and if not, how the Commission can distinguish
catalogues distributed solely between businesses from those intended
for final distribution to ultimate consumers, which may include
institutions such as schools and day care centers.
C. Effective Date
Section 105 of the CPSIA provides that the requirements for
Internet advertising shall take effect December 12, 2008. It provides
that the requirements will apply to catalogues and other printed
materials published or distributed on or after February 10, 2009. This
includes catalogues that were printed prior to February 10, 2009 but
not distributed until after February 10, 2009. The CPSIA authorizes the
Commission to provide a grace period of not more than 180 days for
catalogues and other printed material printed prior to February 10,
2009, during which time distribution of such catalogues and other
printed materials shall not be considered a violation of the standard.
The Commission staff has determined that there can be relatively
long lead times for developing and printing catalogues, and some
publishers expect to distribute catalogues for as long as two years
after printing. Thus, it is likely that there are catalogues in
circulation now, or that have been printed, or will be printed over the
next several weeks, that do not contain the cautionary statements, but
that are intended for distribution after February 10, 2009. If the
Commission did not provide for a grace period, the retailers,
manufacturers, and importers who published the catalogues would have to
stop distributing them on February 10, 2009. The catalogues still in
stock would have to be discarded and replacement catalogues would have
to be printed, a cost to the publishers both in terms of discarding of
the catalogues and in the possible loss in sales if the business
experienced delays in obtaining reprinted catalogues.
The cost of providing a grace period--that some consumers may
purchase games or toys from catalogues that they would not have
purchased had they seen the cautionary labeling--though difficult to
quantify, is likely to be small. The same cautionary statements are
required on the products' packaging, and a parent could return or keep
the
[[Page 58066]]
product out of reach until the children are older if need be.
Even with a grace period of 180 days, all catalogues distributed
after August 9, 2009, which includes all catalogues distributed in
anticipation of the 2009 holiday shopping season, will have to contain
the required cautionary statements.
Because of the significant lead time involved in printing
catalogues and the relatively small cost of providing a grace period of
180 days, the Commission preliminarily finds that a grace period of 180
days is warranted.
D. Environmental Considerations
As a labeling rule, the proposed rule falls within the provisions
of 16 CFR 1021.5(c) which designates categories of actions conducted by
the Consumer Product Safety Commission that normally have little or no
potential for affecting the human environment. It is true that, if no
grace period were provided, the requirements in Section 105 of the
CPSIA would apply to all catalogues or other printed materials
distributed after February 10, 2009, so that materials printed prior to
this date that did not have the cautionary statements could not be
distributed and would have to be discarded. This would increase the
volume of material entering the waste stream. However, the increase
would be small relative to the total volume of materials that enter the
waste stream each year. Providing a grace period would further reduce
this impact. Based on this, the Commission preliminarily finds that
neither an environmental assessment nor an environmental impact
statement is required.
E. Request for Information and Comments
Interested persons are invited to submit comments regarding this
proposal. The Commission specifically seeks comments on the following:
1. The abbreviated versions and the minimum type-size and placement
requirements of the cautionary statements as proposed in this rule;
2. The impact of the proposals on minimum type-size and placement
in catalogues and other printed materials on businesses;
3. How often catalogues or other written materials are published
and how much lead time is required to prepare these materials for
publication;
4. The cost of publishing new catalogues to meet these requirements
without the 180 day grace period;
5. Whether the advertising requirements for catalogues and other
printed materials should also apply to materials distributed solely
between businesses and not to ultimate consumers, and, if not, how the
Commission can distinguish catalogues distributed solely between
businesses from those intended for final distribution to ultimate
consumers, which may include institutions such as schools, churches,
day care centers, and recreational facilities.
Comments should be e-mailed to cpsc-os@cpsc.gov and should be
captioned ``ADVERTISING REQUIREMENTS NPR.'' Comments may also be
mailed, preferably in five copies, to the Office of the Secretary,
Consumer Product Safety Commission, Room 502, 4330 East-West Highway,
Bethesda, MD 20814, or delivered to the same address (telephone (301)
504-0800). Comments also may be filed by telefacsimile to (301) 504-
0127. All comments and submissions should be received no later than
October 20, 2008.
List of Subjects in 16 CFR Part 1500
Consumer protection, labeling.
Conclusion
Under authority of section 3 and section 105 of the Consumer
Product Safety Improvement Act, Public Law 110--314, 122 Stat. 3016
(August 14, 2008), the Commission proposes to amend Title 16, Chapter
II, Subchapter C, Part 1500 as set forth below.
PART 1500--HAZARDOUS SUBSTANCES AND ARTICLES; ADMINISTRATION AND
ENFORCEMENT REGULATIONS
1. The authority citation for part 1500 continues to read as
follows:
Authority: 15 U.S.C. 1261-1278.
2. Section 1500.20 is added to read as follows:
Sec. 1500.20 Labeling requirement for advertising toys and games.
(a) Scope. This section applies to advertisements (including
catalogues, other printed materials, and Internet Web sites), which
provide a direct means of purchase or order of products requiring
cautionary labeling under sections 24(a) and (b) of the FHSA.
(b) Effective Date. The effective date of this standard with
respect to catalogues and other printed materials is February 10, 2009.
The Commission is providing a grace period of 180 days, or until August
9, 2009, during which catalogues and other printed materials printed
prior to February 10, 2009 may be distributed. All catalogues and other
printed materials distributed on or after August 9, 2009 must comply
with the standard, regardless of when they were printed. The effective
date of this standard with respect to Internet Web sites is December
12, 2008.
(c) Definitions. For the purposes of this section, the following
definitions shall apply.
(1) Ball means a spherical, ovoid, or ellipsoidal object that is
designed or intended to be thrown, hit, kicked, rolled, dropped, or
bounced. The term ``ball'' includes any spherical, ovoid, or
ellipsoidal object that is attached to a toy or article by means of a
string, elastic cord, or similar tether. The term ``ball'' also
includes a multi-sided object formed by connecting planes into a
generally spherical, ovoid, or ellipsoidal shape that is designated or
intended to be used as a ball, and any novelty item of a generally
spherical, ovoid, or ellipsoidal shape that is designated or intended
to be used as a ball. The term ``ball'' does not include dice, or balls
permanently enclosed inside pinball machines, mazes, or similar other
containers. A ball is permanently enclosed if, when tested in
accordance with 16 CFR 1500.53, it is not removed from the outer
container.
(2) Small ball means a ball that, under the influence of its own
weight, passes in any orientation, entirely through a circular hole
with a diameter of 1.75 inches (44.4 mm) in a rigid template \1/4\
inches (6 mm) thick. In testing to evaluate compliance with this
regulation, the diameter of opening in the Commission's test template
shall be no greater than 1.75 inches (44.4 mm).
(3) Latex balloon means a toy or decorative item consisting of a
latex bag that is designed to be inflated by air or gas. The term does
not include inflatable children's toys that are used in aquatic
activities such as rafts, water wings, swim rings, or other similar
items.
(4) Marble means a ball made of hard material, such as glass,
agate, marble, or plastic, that is used in various children's games,
generally as a playing piece or marker. The term ``marble'' does not
include a marble permanently enclosed in a toy or game. A marble is
permanently enclosed if, when tested in accordance with 16 CFR 1500.53,
it is not removed from the toy or game.
(5) Small part means any object which, when tested in accordance
with the procedures contained in 16 CFR 1501.4(a) and 1501.4(b)(1),
fits entirely within the cylinder shown in Figure 1 appended to 16 CFR
part 1501. The use and abuse testing provisions of 16 CFR 1500.51
through 1500.53 and 1501.4(b)(2) do not apply to this definition.
(6) Direct means of purchase or order means any method of purchase
that
[[Page 58067]]
allows consumers to order the product without being in the physical
presence of the product. Advertising that provides a direct means of
purchase or order of a product would include catalogues or other
printed advertising material that contain order blanks, telephone
numbers or fax numbers for placing orders, and Internet Web sites that
enable consumers to purchase a product online or through the use of a
telephone number or fax number provided on the Internet Web site.
(d) Advertising requirements. Any toy or game that requires a
cautionary statement about the choking hazard associated with small
parts, balloons, small balls, or marbles must bear that cautionary
statement in the product's advertising if the advertising provides a
direct means for the consumer to purchase or order the product.
(1) The advertising for any article that is a toy or game intended
for use by children who are at least three years old but less than six
years of age shall bear or contain the following cautionary statement
if the toy or game includes a small part:
[GRAPHIC] [TIFF OMITTED] TP06OC08.071
(2) The advertising for any latex balloon, or toy or game that
contains a latex balloon, shall bear the following cautionary
statement:
[GRAPHIC] [TIFF OMITTED] TP06OC08.072
(3)(i) The advertising for any small ball intended for children
three years of age or older shall bear the following cautionary
statement:
[GRAPHIC] [TIFF OMITTED] TP06OC08.073
(ii) The advertising for any toy or game intended for children who
are at least three years old but less than eight years of age that
contains a small ball shall bear the following cautionary statement:
[[Page 58068]]
[GRAPHIC] [TIFF OMITTED] TP06OC08.074
(4)(i) The advertising for any marble intended for children three
years of age or older shall bear the following cautionary statement:
[GRAPHIC] [TIFF OMITTED] TP06OC08.075
(ii) The advertising for any toy or game intended for children who
are at least three years old but less than eight years of age that
contains a marble shall bear the following cautionary statement:
[GRAPHIC] [TIFF OMITTED] TP06OC08.076
(e) Abbreviated warnings for catalogues and other printed
materials. Abbreviated versions of the required cautionary statements
are permitted in each individual product advertisement, provided that
these abbreviated cautionary statements are defined with full
cautionary statements at the bottom or top of each catalogue page (or
extending across the bottom or top of two facing catalogue pages if
both pages contain products available for purchase).
(1) If abbreviated cautionary statements are used in each
individual product advertisement, the following cautionary statements
shall be used:
(i) For any article that would require the cautionary statement
specified in 16 CFR 1500.20(d)(1):
[GRAPHIC] [TIFF OMITTED] TP06OC08.077
(ii) For any article that would require the cautionary statement
specified in 16 CFR 1500.20(d)(2):
[[Page 58069]]
[GRAPHIC] [TIFF OMITTED] TP06OC08.078
(iii) For any article that would require the cautionary statement
specified in 16 CFR 1500.20(d)(3)(i) or (ii):
[GRAPHIC] [TIFF OMITTED] TP06OC08.079
(iv) For any article that would require the cautionary statement
specified in 16 CFR 1500.20(d)(4)(i) or (ii):
[GRAPHIC] [TIFF OMITTED] TP06OC08.080
(2) If abbreviated cautionary statements are used in each
individual product advertisement, the following definitions shall
appear at the bottom or top of each catalogue page (or extending across
the bottom or top of two facing catalogue pages if both pages contain
products available for purchase) that includes the abbreviated
cautionary statement:
(i) For any article that would require the cautionary statement
specified in 16 CFR 1500.20(d)(1):
[GRAPHIC] [TIFF OMITTED] TP06OC08.081
(ii) For any article that would require the cautionary statement
specified in 16 CFR 1500.20(d)(2):
[GRAPHIC] [TIFF OMITTED] TP06OC08.082
[[Page 58070]]
(iii) For any article that would require the cautionary statement
specified in 16 CFR 1500.20(d)(3)(i) or (ii):
[GRAPHIC] [TIFF OMITTED] TP06OC08.083
(iv) For any article that would require the cautionary statement
specified in 16 CFR 1500.20(d)(4)(i) or (ii):
[GRAPHIC] [TIFF OMITTED] TP06OC08.014
(f) Prominence and conspicuousness of labeling statements. The
requirements of 16 CFR 1500.121 relating to the prominence and
conspicuousness of precautionary labeling statements for hazardous
substances shall apply to any labeling statement required under 16 CFR
1500.20(d) and (e), with the following clarifications and
modifications.
(1) Catalogues and other printed materials.
(i) All labeling statements shall be printed in type that is not
smaller than 0.08 inches.
(ii) All labeling statements shall be printed in type that is not
smaller than the largest of any other statements or text, other than
the product or article name, in the individual and adjacent product
advertisements.
(2) Internet Web sites.
(i) All labeling statements shall be printed in type that is not
smaller than the largest of any other statements or text, other than
the product or article name, in the advertisement.
(ii) All labeling statements shall be located immediately before
any other statements or text in the advertisement that describes the
function, use, or characteristics of the article being advertised (for
example, the product description).
(3) Safety Alert Symbol. Any safety alert symbol required by this
section shall be an equilateral triangle. The height of the safety
alert symbol shall be equal to or exceed the height of the letters of
the signal word ``WARNING''. The height of the exclamation point inside
the triangle shall be at least half the height of the triangle, and the
exclamation point shall be centered vertically in the triangle. The
safety alert symbol shall be separated from the signal word by a
distance no larger than the space occupied by the first letter of the
signal word. In all other respects, the safety alert symbol shall
conform generally to the provisions of 16 CFR 1500.121 relating to
signal words.
Note: The following appendix will not appear in the Code of Federal
Regulations:
List of Relevant Documents
1. Memorandum from Robert Franklin, Directorate for Economic
Analysis, to Barbara E. Parisi, Attorney, Office of General Counsel,
``Economic Issues Associated with Section 105 of the Consumer Product
Safety Improvements Act of 2008 (Concerning the inclusion of Cautionary
Labeling for Toys and Games in Catalogs and Other Printed Materials),''
September 16, 2008.
2. Memorandum from Timothy P. Smith, Engineering Psychologist,
Division of Human Factors, Directorate for Engineering Sciences, to
Barbara Parisi, Regulatory Affairs Attorney, Office of the General
Counsel, ``Size and Placement of Cautionary Statements Specified in
Section 105, Labeling Requirement for Advertising Toys and Games, of
the Consumer Product Safety Improvement Act of 2008,'' September 15,
2008.
Dated: September 30, 2008.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E8-23543 Filed 10-3-08; 8:45 am]
BILLING CODE 6355-01-P