<DOC>
[May 16, 2005 (Volume 70, Number 93)]
[Unified Agenda]
From the Federal Register Online via GPO Access [frwais.access.gpo.gov]
[DOCID: f:ua050447.wais]
[Page 27844-27852]
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Part XLVII
Consumer Product Safety Commission
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Semiannual Regulatory Agenda
[[Page 27844]]
CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
_______________________________________________________________________
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Ch. II
Semiannual Regulatory Agenda
AGENCY: Consumer Product Safety Commission.
ACTION: Semiannual regulatory agenda.
_______________________________________________________________________
SUMMARY: In this document, the Commission publishes its semiannual
regulatory flexibility agenda. In addition, this document includes an
agenda of regulatory actions the Commission expects to be under
development or review by the agency during the next year. This document
meets the requirements of the Regulatory Flexibility Act and Executive
Order 12866.
DATES: The Commission welcomes comments on each subject area of the
agenda, particularly from small entities. Written comments concerning
the agenda should be received in the Office of the Secretary by June 8,
2005.
ADDRESSES: Comments on the regulatory flexibility agenda should be
mailed to the Office of the Secretary, Consumer Product Safety
Commission, Washington, DC 20207-0001; Telephone (301) 504-7923, or
delivered to the Office of the Secretary, Room 502, 4330 East-West
Highway, Bethesda, MD 20814-4408. Comments should be captioned
``Regulatory Flexibility Agenda.'' Comments may also be filed by fax to
(301) 504-0127, or by e-mail to cpsc-os@cpsc.gov.
FOR FURTHER INFORMATION CONTACT: For further information on the agenda
in general, contact Barbara Parisi, Office of the General Counsel,
Consumer Product Safety Commission, Washington, DC 20207-0001;
Telephone (301) 504-7879. For further information regarding a
particular item on the agenda, consult the individual listed in the
column headed ``Contact'' for that particular item.
SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (RFA) (5
U.S.C. 601-612) contains several provisions intended to reduce
unnecessary and disproportionate regulatory requirements on small
businesses, small governmental organizations, and other small entities.
Section 602 of the RFA (5 U.S.C. 602) requires each agency to publish
twice each year a regulatory flexibility agenda containing a brief
description of the subject area of any rule expected to be proposed or
promulgated that is likely to have a ``significant economic impact'' on
a ``substantial number'' of small entities. The agency must also
provide a summary of the nature of the rule, and a schedule for acting
on each rule for which the agency has issued a notice of proposed
rulemaking.
The regulatory flexibility agenda is also required to contain
the name and address of the agency official knowledgeable about the
items listed. Further, agencies are required to provide notice of
their agendas to small entities and to solicit their comments by
direct notification, or by inclusion in publications likely to be
obtained by such entities.
Additionally, Executive Order 12866 requires each agency to
publish twice each year a regulatory agenda of regulations under
development or review during the next year, and states that such an
agenda may be combined with the agenda published in accordance with
the RFA. The regulatory flexibility agenda published below lists
the regulatory activities expected to be under development or
review during the next 12 months. It includes all such activities,
whether or not they may have a significant economic impact on a
substantial number of small entities. This agenda also includes
regulatory activities that appeared in the December 2004 agenda
that have been completed by the Commission prior to publication of
this agenda.
The agenda contains a brief description and summary of each
regulatory activity, including the objectives and legal basis for
each; an approximate schedule of target dates, subject to revision,
for the development or completion of each activity, and the name
and telephone number of a knowledgeable agency official concerning
particular items on the agenda. All agency contacts have the same
address: Consumer Product Safety Commission, Washington, DC 20207-
0001.
Dated: March 18, 2005.
Todd A. Stevenson,
Secretary.
Consumer Product Safety Commission--Prerule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
3663 Petition CP 02-4/HP 02-1 Requesting a Ban of All-Terrain Vehicles That Are Sold for 3041-AC11
the Use of Children Under 16 Years Old................................................
3664 Possible Special Packaging Standard for Household Products Containing Hydroxides...... 3041-AC12
3665 Petition CP 03-2 Requesting Performance Standards for a System To Reduce or Prevent 3041-AC19
Injuries From Contacting the Blade of a Table Saw.....................................
3666 Petition CP 04-1/HP 04-1 Requesting Mandatory Fire Safety Standards for Candles and 3041-AC22
Candle Accessories....................................................................
3667 Petition HP 04-2 Requesting a Ban of Sulfuric Acid Drain Openers for Consumer Use..... 3041-AC23
3668 Mandatory Safety Standard for Cigarette Lighters...................................... 3041-AC25
----------------------------------------------------------------------------------------------------------------
[[Page 27845]]
Consumer Product Safety Commission--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
3669 Flammability Standard for Upholstered Furniture....................................... 3041-AB35
3670 Amendment of the Standard for the Flammability of Clothing Textiles................... 3041-AB68
3671 Portable Bed Rails.................................................................... 3041-AB91
----------------------------------------------------------------------------------------------------------------
Consumer Product Safety Commission--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
3672 Proposed Standard To Address Open-Flame Ignition of Mattresses/Foundation Sets........ 3041-AC02
3673 Safety Standard for Baby Bath Seats................................................... 3041-AC03
----------------------------------------------------------------------------------------------------------------
Consumer Product Safety Commission--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
3674 Amendment of Safety Regulations for Cribs............................................. 3041-AB67
3675 Test Method for Determining Applicability of Cautionary Labeling and Child-Resistant 3041-AC05
Packaging to Hydrocarbon-Containing Products in Spray Packaging.......................
3676 Petition CP 03-1/HP 03-1 Requesting a Standard for Bunk Bed Corner Posts.............. 3041-AC10
3677 Proposed Standard to Address Open-Flame Ignition of Bedclothes........................ 3041-AC26
----------------------------------------------------------------------------------------------------------------
Consumer Product Safety Commission--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
3678 Petition CP 02-01 Requesting a Rule Adopting ASTM F400, Safety Standard for Lighters 3041-AC01
as a Consumer Product Safety Standard.................................................
3679 Petition PP 03-1 Requesting an Amendment to Child-Resistance Testing Pass/Fail 3041-AC17
Criterion for Unit Dose Packaging.....................................................
----------------------------------------------------------------------------------------------------------------
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Prerule Stage
_______________________________________________________________________
3663. PETITION CP 02-4/HP 02-1 REQUESTING A BAN OF ALL-TERRAIN VEHICLES
THAT ARE SOLD FOR THE USE OF CHILDREN UNDER 16 YEARS OLD
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
2056, Consumer Product Safety Act; 15 USC 1261, Federal Hazardous
Substances Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: A petition from the Consumer Federation of America and
several other groups requests that the Commission ban adult-sized four-
wheel, all-terrain vehicles (ATVs) that are sold for the use of
children under age 16. The petitioners assert that these ATVs pose an
unreasonable risk of injury and death to children. In January 2003, the
Commission released a risk analysis of ATV use. The Commission held a
public hearing on June 5, 2003, in Morgantown, WV. The staff sent a
briefing package to the Commission on February 4, 2005. A staff
briefing and public meeting to receive comments concerning the petition
was held on March 22, 2005.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 09/26/02
Notice 10/18/02 67 FR 64353
Comment Period End 12/17/02
Comment Period Extended 12/26/02 67 FR 78776
Comment Period End 03/16/03
Notice of Public Hearing 04/23/03 68 FR 19975
Public Hearing 06/05/03
Staff Sends Briefing Package to
Commission 02/04/05
[[Page 27846]]
Notice of Public Meeting 02/11/05 70 FR 7247
Public Meeting 03/22/05
Commission Decision 07/00/05
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Elizabeth W. Leland, Project Manager, Consumer Product
Safety Commission, Directorate for Economic Analysis, Washington, DC
20207
Phone: 301 504-7706
Email: eleland@cpsc.gov
RIN: 3041-AC11
_______________________________________________________________________
3664. POSSIBLE SPECIAL PACKAGING STANDARD FOR HOUSEHOLD PRODUCTS
CONTAINING HYDROXIDES
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 1471, Poison Prevention Packaging Act; 15 USC
1261(p), Federal Hazardous Substances Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Sodium and potassium hydroxide are caustic substances found
in many household products. In addition to sodium and potassium
hydroxide, other hydroxides, such as calcium, lithium, and ammonium
hydroxide are also found in consumer products. There are numerous
reports of injuries, ranging from minor irritation to second degree
burns of the oral cavity, esophagus, eyes, and skin resulting from
exposure to these products. Because of the potential for injury to
children, household substances in dry forms containing 10 percent or
more by weight of free or chemically unneutralized sodium and/or
potassium hydroxide, and all other household substances containing 2
percent or more by weight of free or chemically unneutralized sodium
and/or potassium hydroxide currently require child-resistant packaging
under the Poison Prevention Packaging Act.
Based upon new injury and toxicity information, the staff is
considering whether to recommend: (1) requiring special packaging for
all hydroxides, and (2) decreasing the percentage of hydroxide for
special packaging to be required. The staff is preparing a briefing
package for Commission consideration.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Staff Sends Briefing Package to
Commission 07/00/05
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: John W. Boja, Ph.D., Project Manager, Consumer Product
Safety Commission, Directorate for Health Sciences, Washington, DC
20207
Phone: 301 504-7300
Email: jboja@cpsc.gov
RIN: 3041-AC12
_______________________________________________________________________
3665. PETITION CP 03-2 REQUESTING PERFORMANCE STANDARDS FOR A SYSTEM TO
REDUCE OR PREVENT INJURIES FROM CONTACTING THE BLADE OF A TABLE SAW
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
2051, Consumer Product Safety Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Messrs. Fanning, Fulmer, and Gass, et al., petitioned the
Commission to issue a rule prescribing performance standards for a
system to reduce or prevent injuries from contacting the blade of a
table saw. The staff is reviewing comments received and preparing a
briefing package for consideration by the Commission.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 06/10/03
Notice 07/09/03 68 FR 40912
Comment Period Extended 09/05/03 68 FR 52753
Comment Period End 11/07/03
Staff Sends Briefing Package to
Commission 07/00/05
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Caroleene Paul, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, Washington, DC
20207
Phone: 301 504-7540
Email: cpaul@cpsc.gov
RIN: 3041-AC19
_______________________________________________________________________
3666. PETITION CP 04-1/HP 04-1 REQUESTING MANDATORY FIRE SAFETY
STANDARDS FOR CANDLES AND CANDLE ACCESSORIES
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
2051, Consumer Product Safety Act; 15 USC 1261, Federal Hazardous
Substances Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The National Association of State Fire Marshals requests that
the Commission issue mandatory safety standards for candles and candle
accessories such as candleholders. The request was docketed as a
petition for rulemaking on March 10, 2004. A notice requesting comment
on the petition was published in the Federal Register on April 6, 2004.
The comment period closed on June 7, 2004. CPSC staff will prepare a
briefing package for Commission consideration as to whether to grant,
deny, or defer action on the petition.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 03/10/04
Notice 04/06/04 69 FR 18059
Comment Period End 06/07/04
Staff Sends Briefing Package to
Commission 08/00/05
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Allyson Tenney, Project Manager, Directorate for
[[Page 27847]]
Engineering Sciences, Consumer Product Safety Commission, Washington,
DC 20207
Phone: 301 504-7567
Email: atenney@cpsc.gov
RIN: 3041-AC22
_______________________________________________________________________
3667. PETITION HP 04-2 REQUESTING A BAN OF SULFURIC ACID DRAIN OPENERS
FOR CONSUMER USE
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
1261, Federal Hazardous Substances Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Mr. Michael Fox requests that the Commission issue a ban on
sulfuric acid drain openers (SADOs) for use by consumers or, in the
alternative, that the Commission require that SADOs for consumers ``be
packaged in one-shot containers'' and be limited to a maximum sulfuric
acid concentration of 84 percent. The request was docketed as a
petition for rulemaking on April 1, 2004. A notice requesting comment
on the petition was published in the Federal Register on May 5, 2004.
The comment period closed on July 6, 2004. CPSC staff will prepare a
briefing package for Commission consideration as to whether to grant,
deny, or defer action on the petition.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 04/01/04
Notice 05/05/04 69 FR 25069
Comment Period End 07/06/04
Staff Sends Briefing Package to
Commission 07/00/05
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Kristina Hatlelid, Ph.D., Project Manager, Consumer
Product Safety Commission, Directorate for Health Sciences, Washington,
DC 20207
Phone: 301 504-7254
Email: khatlelid@cpsc.gov
RIN: 3041-AC23
_______________________________________________________________________
3668. [bull] MANDATORY SAFETY STANDARD FOR CIGARETTE LIGHTERS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 5 USC 553(e); Administrative Procedure Act; 15 USC
2051; Consumer Product Safety Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In November 2001, a petition from the Lighter Association,
Inc. requested that the Commission issue a rule to adopt an ASTM
voluntary safety standard for cigarette lighters. In November 2004, the
Commission voted to grant the petition and initiate a rulemaking
proceeding.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Staff Sent Draft ANPRM to
Commission 03/25/05
Commission Decision 03/31/05
ANPRM 04/11/05 70 FR 18339
ANPRM Comment Period End 06/10/05
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Rohit Khanna, Project Manager, Consumer Product Safety
Commission, Directorate for Engineering Sciences, Washington, DC 20207
Phone: 301 504-7546
Email: rkhanna@cpsc.gov
RIN: 3041-AC25
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Proposed Rule Stage
_______________________________________________________________________
3669. FLAMMABILITY STANDARD FOR UPHOLSTERED FURNITURE
Priority: Economically Significant. Major under 5 USC 801.
Legal Authority: 15 USC 1193, Flammable Fabrics Act; 5 USC 801
CFR Citation: 16 CFR 1640
Legal Deadline: None
Abstract: On June 15, 1994, the Commission published an advance notice
of proposed rulemaking (ANPRM) to begin a proceeding for development of
a flammability standard to address risks of death, injury, and property
damage from fires associated with ignition of upholstered furniture by
small open-flame sources such as matches, lighters, or candles. CPSC
staff conducted research and developed a draft flammability performance
standard. The draft standard was first presented to stakeholders at a
1996 ASTM voluntary standards meeting. The staff also worked with
industry and voluntary standards groups to develop possible
alternatives to a federal rule.
In 1998, the Commission held a public hearing to gather additional
information beyond that available to the agency on the potential
toxicity, health risks, and environmental effects associated with
flame-retardant chemicals that might be used to meet a standard. In
CPSC's 1999 appropriations legislation, Congress directed the
Commission to contract with the National Academy of Sciences (NAS) for
an independent study of potential health hazards associated with the
use of flame retardant chemicals that might be used in upholstered
furniture fabrics to meet a CPSC standard. The final NAS report was
published in July 2000. The report concluded that of 16 flame-retardant
chemicals reviewed, 8 could be used in upholstered furniture fabrics
without presenting health hazards to consumers.
In 2002, the staff held a public meeting to receive any new technical
information and recommendations from interested parties on the project.
In 2003, the staff forwarded a package to the Commission analyzing the
information received at the meeting and a package recommending that the
Commission expand its proceeding to
[[Page 27848]]
cover both small open flame and cigarette ignition risks.
On October 23, 2003, the Commission issued a new ANPRM expanding the
scope of the proceeding to include both cigarette and small open flame-
ignited fire risks. The staff held a public meeting to discuss public
comments on April 9, 2004. The staff developed a revised draft standard
addressing both cigarette and small open flame ignition, and held a
public meeting on October 28, 2004 to present the revised draft. The
staff is currently analyzing comments and preparing alternatives for
Commission consideration.
CPSC is also considering possible impacts of flame-retardant chemical
use on worker safety and the environment. At the CPSC staff's request,
the National Institute for Occupational Safety and Health studied
potential worker exposure to and risks from certain flame-retardant
chemicals that may be used by textile and furniture producers to comply
with an upholstered furniture flammability standard. NIOSH
preliminarily concluded that significant worker health effects were
unlikely. CPSC staff is also working with the Environmental Protection
Agency to (a) develop a significant new use rule (SNUR) for flame-
retardant compounds used in residential upholstered furniture fabrics
under that agency's Toxic Substances Control Act Authority, and (b)
identify and encourage the use of environmentally-friendly flame
retardants under a Design for the Environment industry/government
partnership.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 06/15/94 59 FR 30735
ANPRM Comment Period End 08/15/94
Staff Briefing of Commission on
NPRM 12/18/97
Commission Voted To Defer Action
Pending Results of Toxicity
Hearing 03/02/98
Commission Hearing May 5 & 6,
1998 on Possible Toxicity of
Flame Retardant Chemicals 03/17/98 63 FR 13017
NAS Study Completed (Required by
Congress) 07/10/00
Staff Sent Briefing Package to
Commission 11/01/01
Meeting Notice 03/20/02 67 FR 12916
Staff Held Public Meeting 06/18/02
Second Day of Public Meeting 06/19/02
Staff Sent Analysis of
Information From Public Meeting
to the Commission 02/06/03
Staff Sent Regulatory Options to
Commission 07/12/03
Notice of September 24 Public
Meeting 08/27/03 68 FR 51564
Commission Decision 10/17/03
ANPRM 10/23/03 68 FR 60629
ANPRM Comment Period End 12/22/03
Staff Held Public Meeting 10/28/04
Staff Holds Public Meeting 05/00/05
Staff Sends Briefing Package to
Commission 09/00/05
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Dale R. Ray, Project Manager, Consumer Product Safety
Commission, Directorate for Economic Analysis, Washington, DC 20207
Phone: 301 504-7704
Email: dray@cpsc.gov
RIN: 3041-AB35
_______________________________________________________________________
3670. AMENDMENT OF THE STANDARD FOR THE FLAMMABILITY OF CLOTHING
TEXTILES
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 15 USC 1191, Flammable Fabrics Act
CFR Citation: 16 CFR 1610
Legal Deadline: None
Abstract: The Standard for the Flammability of Clothing Textiles
prohibits the manufacture, importation, or sale of clothing and fabrics
and related materials intended for use in clothing, which are
dangerously flammable because of rapid and intense burning. The
standard prescribes the apparatus, procedure, and criteria to be used
for testing to determine compliance with that standard. The standard
was made mandatory by the Flammable Fabrics Act of 1953 (Pub. L. 83-88,
67 Stat. 111; June 30, 1953). Some of the equipment and procedures
specified by the standard, particularly those for laundering and
cleaning of test specimens, have become obsolete, unavailable, or
unrepresentative of current practices. The staff prepared a briefing
package describing modifications of the standard that may be needed to
assure that the test in the standard is conducted with equipment and
procedures representative of conditions to which garments currently are
exposed. After consideration of the briefing package, the Commission
decided to begin a proceeding for amendment of the standard. An advance
notice of proposed rulemaking was published in the Federal Register on
September 12, 2002. The staff is reviewing public comments and will
develop proposed amendments for Commission consideration.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Staff Sent Briefing Package to
Commission 06/11/02
Commission Decision 08/28/02
ANPRM 09/12/02 67 FR 57770
ANPRM Comment Period End 11/12/02
Staff Sends Briefing Package to
Commission 09/00/05
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Patricia K. Adair, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, Washington, DC
20207
Phone: 301 504-7536
Email: padair@cpsc.gov
RIN: 3041-AB68
_______________________________________________________________________
3671. PORTABLE BED RAILS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 15 USC 1261, Federal Hazardous Substances Act
CFR Citation: Not Yet Determined
[[Page 27849]]
Legal Deadline: None
Abstract: The Commission is considering whether certain portable bed
rails present an unreasonable risk of injury that should be regulated.
A portable bed rail is a device intended to be installed on an adult
bed to prevent a child from falling out of the bed. Such bed rails may
be constructed in a manner that allows children to become entrapped
between the portable bed rail and the bed. This entrapment can result
in serious injury or death. In October 2000, the Commission issued an
advance notice of proposed rulemaking addressing this issue. The ASTM
standard for bed rails has since been revised and staff will evaluate
the adequacy of, and conformance to, the revised standard. Following
this evaluation, the Commission staff will prepare a briefing package
for Commission consideration as to whether to continue the rulemaking.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Staff Sent Briefing Package to
Commission 06/28/00
Commission Decision 09/21/00
ANPRM 10/03/00 65 FR 58968
ANPRM Comment Period End 12/04/00
Staff Sent Briefing Package to
Commission 10/01/01
Commission Decision 10/30/01
Staff Evaluates Conformance to
Voluntary Standard 06/00/05
Staff Sends Briefing Package to
Commission 10/00/05
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Patricia L. Hackett, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, Washington, DC
20207
Phone: 301 504-7577
Email: phackett@cpsc.gov
RIN: 3041-AB91
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Final Rule Stage
_______________________________________________________________________
3672. PROPOSED STANDARD TO ADDRESS OPEN-FLAME IGNITION OF MATTRESSES/
FOUNDATION SETS
Priority: Economically Significant. Major under 5 USC 801.
Legal Authority: 15 USC 1193, Flammable Fabrics Act; 5 USC 801
CFR Citation: 16 CFR 1633
Legal Deadline: None
Abstract: On October 11, 2001, the Commission published an advance
notice of proposed rulemaking (ANPRM) to begin a proceeding for
development of a flammability standard to address risks of death,
injury, and property damage from fires associated with ignition of
mattresses/bedding by small open-flame sources such as lighters,
candles, or matches. This ANPRM was issued after the Commission staff
conducted a field investigation study of these incidents and worked
with industry members to improve consumer information programs and
conducted research to define and measure the fire hazard presented by
mattress/bedding ignitions in residential fires.
The Commission also received four petitions from the Children's
Coalition for Fire-Safe Mattresses proposing (1) an open flame standard
similar to the full-scale test set forth in California Technical
Bulletin 129, (2) an open flame standard similar to the component test
set forth in British Standard 5852, (3) a warning label for mattresses
warning of polyurethane foam fire hazards, and (4) a permanent, fire-
proof mattress identification tag. The Commission granted the first two
petitions and denied the others.
The Commission staff reviewed public comments on the ANPRM and
continued working with the Sleep Products Safety Council (representing
manufacturers and suppliers to the industry), the National Institute of
Standards and Technology, the State of California Bureau of Home
Furnishings, and others to complete the development of an appropriate
test method and criteria for a standard to address open flame ignition
of mattresses. In 2004, the staff prepared a decision package for
Commission consideration, including a draft proposed standard with
supporting materials, draft notice of proposed rulemaking (NPRM), and
possible options to separately address the bedclothes contribution to
mattress fires. On December 22, 2004, the Commission voted to publish
the NPRM for mattresses (and to separately address bedclothes by
publishing an ANPRM for bedclothes). The staff will evaluate public
comments received on the NPRM and prepare a briefing package for
Commission decision on publishing a final mattress standard.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 10/11/01 66 FR 51886
ANPRM Comment Period End 12/10/01
Staff Sends Briefing Package to
Commission 11/01/04
Staff Briefs Commission on NPRM
Draft 12/09/04
Commission Decision 12/22/04
NPRM 01/13/05 70 FR 2470
Public Hearing 03/03/05
NPRM Comment Period End 03/29/05
Staff Sends Briefing Package to
Commission 10/00/05
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Margaret L. Neily, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, Washington, DC
20207
Phone: 301 504-7530
Email: mneily@cpsc.gov
RIN: 3041-AC02
[[Page 27850]]
_______________________________________________________________________
3673. SAFETY STANDARD FOR BABY BATH SEATS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 1261, Federal Hazardous Substances Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: An advance notice of proposed rulemaking (ANPRM), published
in the Federal Register on August 1, 2001, requested comments on a
rulemaking proceeding that could result in a mandatory rule addressing
baby bath seats. These are consumer products used to hold an infant in
a bathtub while the child is being bathed. The Commission voted to
publish the ANPRM and proceed with rulemaking after considering the
staff's analysis of available data and information provided by the
petitioners, the Consumer Federation of America, and other consumer
groups who requested that the Commission ban baby bath seats and bath
rings. The staff briefed the Commission on July 28, 2003, and the
Commission received oral comments from the public on the same date. The
staff evaluated the comments received at the hearing and sent a
briefing package to the Commission. On October 16, 2003, the Commission
decided to issue a notice of proposed rulemaking and directed the staff
to prepare it for the Commission's consideration. On December 29, 2003,
the NPRM was published in the Federal Register. The comment period
closed on March 15, 2004. The staff is presently evaluating the
comments and evaluating adequacy of a revised voluntary standard for
bath seats (ASTMF 1967-04), which was approved in July 2004.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 08/01/01 66 FR 39692
ANPRM Comment Period End 10/01/01
Staff Sends Briefing Package to
Commission 05/08/03
Staff Briefed Commission 07/28/03
Hearing 07/28/03
Commission Decision 10/16/03
NPRM 12/29/03 68 FR 74878
NPRM Comment Period End 03/15/04
Staff Evaluates Adequacy of
Voluntary Standard 06/00/05
Staff Sends Briefing Package to
Commission 09/00/05
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Patricia L. Hackett, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, Washington, DC
20207
Phone: 301 504-7577
Email: phackett@cpsc.gov
Related RIN: Related to 3041-AB93
RIN: 3041-AC03
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Long-Term Actions
_______________________________________________________________________
3674. AMENDMENT OF SAFETY REGULATIONS FOR CRIBS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 5 USC 553, Administrative Procedure Act; 15 USC 1261,
Federal Hazardous Substances Act
CFR Citation: 16 CFR 1508; 16 CFR 1509
Legal Deadline: None
Abstract: On December 16, 1996, the Commission published an advance
notice of proposed rulemaking (ANPRM) to begin a proceeding that could
result in amendment of the safety regulations for full-size and non-
full-size cribs, 16 CFR parts 1508 and 1509. Among the regulatory
alternatives under consideration is amendment of the regulations to add
tests to assure that slats will not disengage from the side panels of
cribs. The Commission began this proceeding after considering
information about incidents in which crib slats disengaged from the
side panels of cribs, creating a risk that children may become
entrapped between the remaining slats or fall out of the crib. At the
urging of CPSC staff, in April 1999, the voluntary standard for cribs
designated, ``Specification for Full Size Baby Cribs (ASTM F1169-99),''
and published by ASTM International was revised to include performance
requirements for crib slats. The Commission will assess the adequacy of
and conformance with the voluntary standard before deciding whether to
continue the proceeding by publication of a notice of proposed
rulemaking, or terminate further proceedings.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Staff Recommended Revisions to
Voluntary Standard 09/30/96
ANPRM 12/16/96 61 FR 65996
ANPRM Comment Period End 02/14/97
Revisions to Voluntary Standard
Approved 04/10/99
Voluntary Certification Program
Begins 03/01/00
Staff Began Monitoring Adequacy
of and Conformance with Revised
Voluntary Standard 03/27/01
Staff Completes Monitoring
Adequacy and Conformance To Be Determined
Staff Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Patricia L. Hackett, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, Washington, DC
20207
Phone: 301 504-7577
[[Page 27851]]
Email: phackett@cpsc.gov
RIN: 3041-AB67
_______________________________________________________________________
3675. TEST METHOD FOR DETERMINING APPLICABILITY OF CAUTIONARY LABELING
AND CHILD-RESISTANT PACKAGING TO HYDROCARBON-CONTAINING PRODUCTS IN
SPRAY PACKAGING
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 15 USC 1471, Poison Prevention Packaging Act; 15 USC
1261(p), Federal Hazardous Substances Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On January 3, 2000, CPSC issued a notice of proposed
rulemaking under the Poison Prevention Packaging Act (PPPA) to require
child-resistant packaging of prepackaged products that contain liquid
hydrocarbons of low viscosity, including aerosol/trigger/pump packaged
products (spray products) that expel product in a stream. The final
rule issued on October 25, 2001, covered liquid hydrocarbon-containing
products other than these spray products.
Under current CPSC guidance, special cautionary labeling under the
Federal Hazardous Substances Act (FHSA) would also be required for most
hydrocarbon-containing spray products that expel product as a stream.
The staff has now developed a quantitative test method to identify
those hydrocarbon-containing spray products that pose an aspiration
hazard. The staff is preparing a briefing package for the Commission's
consideration that may recommend using this test method to determine
applicability of the FHSA special cautionary labeling and PPPA child-
resistant packaging requirements to spray products that expel product
in a stream.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 01/03/00 65 FR 93
NPRM Comment Period End 03/20/00
Staff Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: Suzanne Barone, Ph.D., Project Manager, Consumer
Product Safety Commission, Directorate for Health Sciences, Washington,
DC 20207
Phone: 301 504-7256
Email: sbarone@cpsc.gov
Related RIN: Related to 3041-AB57
RIN: 3041-AC05
_______________________________________________________________________
3676. PETITION CP 03-1/HP 03-1 REQUESTING A STANDARD FOR BUNK BED CORNER
POSTS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
1262(j), Federal Hazardous Substances Act; 15 USC 2058(i), Consumer
Product Safety Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: A petition from the Danny Foundation requests that the
Commission establish a standard to address an alleged hazard of
strangulation posed by bunk bed corner posts. The petitioner asserts
that due to the height of bunk beds, corner posts on bunk beds pose a
substantial risk to children when the children's clothing, bedding, or
other items become caught on the corner posts. On November 8, 2002, the
Commission published a notice in the Federal Register to solicit
comments on the petition from all interested persons. The comment
period closed on January 7, 2003. On April 13, 2004, the staff sent a
briefing package to the Commission on this issue. On July 30, 2004, the
Commission voted to defer action on the petition while the staff
continues to work with the ASTM bunk bed subcommittee on this issue. A
revised voluntary standard for bunk beds was published in October 2004
that incorporates warning language about hangings associated with bunk
beds and attaching items to the bed. CPSC staff is working with the
subcommittee to develop a performance requirement to address
strangulation hazards with vertical protrusions.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 10/23/02
Notice 11/08/02 67 FR 68107
Comment Period End 01/07/03
Staff Sends Briefing Package to
Commission 04/13/04
Commission Votes To Defer Action07/30/04
Staff Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: Debra S. Ascone, Project Manager, Consumer Product
Safety Commission, Directorate for Epidemiology, Washington, DC 20207
Phone: 301 504-7403
Email: dascone@cpsc.gov
RIN: 3041-AC10
_______________________________________________________________________
3677. [bull] PROPOSED STANDARD TO ADDRESS OPEN-FLAME IGNITION OF
BEDCLOTHES
Priority: Economically Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 15 USC 1193; Flammable Fabrics Act; 5 USC 801
CFR Citation: 16 CFR 1634
Legal Deadline: None
Abstract: On January 13, 2005, the Commission published an advance
notice of proposed rulemaking (ANPRM) to begin a proceeding for
development of a flammability standard to address risks of death,
injury, and property damage from fires associated with open-flame
ignition of bedclothes. Bedclothes are a major contributor to mattress
ignition. Commission staff reviewed research indicating that mattresses
and bedclothes operate together as a system in fires involving
mattresses. Research has suggested that improved flammability
performance of some bedclothes can reduce the fire hazard. The
Commission staff will review public comments received on the ANPRM and
conduct research to identify and measure the fire hazard presented by
burning bedclothes and the relationship with mattresses. Staff will
prepare a decision package for Commission consideration.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 01/13/05 70 FR 2514
ANPRM Comment Period End 03/14/05
[[Page 27852]]
Staff Sends Briefing Package to
Commission To Be Determined
Commission Decision To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Allyson Tenney, Project Manager, Directorate for
Engineering Sciences, Consumer Product Safety Commission, Washington,
DC 20207
Phone: 301 504-7567
Email: atenney@cpsc.gov
RIN: 3041-AC26
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Completed Actions
_______________________________________________________________________
3678. PETITION CP 02-01 REQUESTING A RULE ADOPTING ASTM F400, SAFETY
STANDARD FOR LIGHTERS AS A CONSUMER PRODUCT SAFETY STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
2058, Consumer Product Safety Act
CFR Citation: None
Legal Deadline: None
Abstract: A petition from the Lighter Association, Inc. requests that
the Commission issue a rule adopting an ASTM voluntary standard for
lighters as a consumer product safety standard. The voluntary standard
contains numerous safety requirements for cigarette lighters. On
January 17, 2002, the Commission published a notice in the Federal
Register to solicit comments on the petition from all interested
persons. The comment period closed on March 18, 2002. The Lighter
Association submitted supplemental information in support of the
petition on November 19, 2002. The staff reviewed available information
and sent a briefing package to the Commission on May 27, 2004. The
Commission held a public meeting on the petition on September 14, 2004.
The Commission voted to grant the petition on November 30, 2004.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 12/26/01
Notice 01/17/02 67 FR 2420
Comment Period End 03/18/02
Staff Sent Briefing Package to
Commission 05/27/04
Notice of September 14 Public
Meeting 08/16/04 69 FR 50363
Public Meeting on Petition 09/14/04
Commission Decision 11/30/04
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Rohit Khanna, Project Manager, Consumer Product Safety
Commission, Directorate for Engineering Sciences, Washington, DC 20207
Phone: 301 504-7546
Email: rkhanna@cpsc.gov
RIN: 3041-AC01
_______________________________________________________________________
3679. PETITION PP 03-1 REQUESTING AN AMENDMENT TO CHILD-RESISTANCE
TESTING PASS/FAIL CRITERION FOR UNIT DOSE PACKAGING
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
1471, Poison Prevention Packaging Act
CFR Citation: None
Legal Deadline: None
Abstract: The Healthcare Compliance Packaging Council (HCPC) requests
that the Commission amend the regulatory definition of a child-
resistance test failure for unit dose, i.e., nonreclosable, packaging
under the Poison Prevention Packaging Act, 15 U.S.C. 1471-1476.
Specifically, the HCPC requests that the Commission eliminate the
current criterion related to the toxicity of the substance to be
packaged and define a unit dose packaging failure to be a child gaining
access to more than eight individual unit doses. The staff reviewed
available information and the 28 comments received and prepared a
briefing package recommending that the Commission deny the petition. On
December 21, 2004, the Commission voted to deny the petition.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 05/12/03
Notice 06/16/03 68 FR 35614
Comment Period End 08/15/03
Staff Sends Briefing Package to
Commission 11/19/04
Commission Decision 12/21/04
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Suzanne Barone, Ph.D., Project Manager, Consumer
Product Safety Commission, Directorate for Health Sciences, Washington,
DC 20207
Phone: 301 504-7256
Email: sbarone@cpsc.gov
RIN: 3041-AC17
[FR Doc. 05-6008 Filed 05-13-05; 8:45 am]
BILLING CODE 6355-01-S