<DOC>
[October 31,2005 (Volume 70, Number 209)]
[Unified Agenda]
From the Federal Register Online via GPO Access [frwais.access.gpo.gov]
[DOCID: f:ua051047.wais]
[Page 65520-65527]
Consumer Product Safety Commission
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Part XLVII
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Semiannual Regulatory Agenda
[[Page 65520]]
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
December 1, 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, Maryland 20814-4423. Comments should be captioned
``Regulatory Flexibility Agenda.'' Comments may also be filed by
telefacsimile 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.
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: August 30, 2005.
Todd Stevenson,
Secretary,
Consumer Product Safety Commission.
Consumer Product Safety Commission--Prerule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
3790 Petition CP 04-1/HP 04-1 Requesting Mandatory Fire Safety Standards for Candles and 3041-AC22
Candle Accessories....................................................................
3791 All Terrain Vehicles; Advance Notice of Proposed Rulemaking; Request for Comments and 3041-AC28
Information...........................................................................
3792 Petition HP 05-1 Requesting Amendment to Ban on Infant Pillows........................ 3041-AC29
----------------------------------------------------------------------------------------------------------------
Consumer Product Safety Commission--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
3793 Flammability Standard for Upholstered Furniture (Reg Plan Seq No. 159)................ 3041-AB35
3794 Amendment of Safety Regulations for Cribs............................................. 3041-AB67
3795 Amendment of the Standard for the Flammability of Clothing Textiles................... 3041-AB68
3796 Portable Bed Rails.................................................................... 3041-AB91
3797 Safety Standard for Baby Bath Seats................................................... 3041-AC03
[[Page 65521]]
3798 Mandatory Safety Standard for Cigarette Lighters...................................... 3041-AC25
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
Consumer Product Safety Commission--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
3799 Proposed Standard To Address Open-Flame Ignition of Mattresses/Foundation Sets (Reg 3041-AC02
Plan Seq No. 160).....................................................................
3800 Petition HP 04-2 Requesting a Ban of Sulfuric Acid Drain Openers for Consumer Use..... 3041-AC23
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
Consumer Product Safety Commission--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
3801 Petition CP 03-1/HP 03-1 Requesting a Standard for Bunk Bed Corner Posts.............. 3041-AC10
3802 Possible Special Packaging Standard for Household Products Containing Hydroxides...... 3041-AC12
3803 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.....................................
3804 Proposed Standard to Address Open-Flame Ignition of Bedclothes........................ 3041-AC26
3805 Possible Revocation or Amendment of Standard for the Flammability of Mattresses and 3041-AC27
Mattress Pads (Cigarette Ignition)....................................................
----------------------------------------------------------------------------------------------------------------
Consumer Product Safety Commission--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
3806 Test Method for Determining Applicability of Cautionary Labeling and Child-Resistant 3041-AC05
Packaging to Hydrocarbon-Containing Products in Spray Packaging.......................
3807 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................................................
----------------------------------------------------------------------------------------------------------------
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Prerule Stage
_______________________________________________________________________
3790. 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 06/00/06
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
[[Page 65522]]
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-AC22
_______________________________________________________________________
3791. [bull] ALL TERRAIN VEHICLES; ADVANCE NOTICE OF PROPOSED
RULEMAKING; REQUEST FOR COMMENTS AND INFORMATION
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: Consumer Product Safety Act; 15 USC 1261; Federal
Hazardous Substances Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: At the direction of the Chairman, the staff prepared a draft
advance notice of proposed rulemaking (ANPR) concerning all terrain
vehicles (ATVs) for consideration by the Commission. The staff
memorandum accompanying the draft ANPR discussed regulatory and non-
regulatory options. Issuance of the ANPR initiated a rulemaking
proceeding under the Consumer Product Safety Act (CPSA) and the Federal
Hazardous Substances Act (FHSA). The draft ANPR reviewed the history of
the Commission's involvement with ATVs and discussed a broad range of
regulatory and non-regulatory options that the Commission can consider
as means to reduce ATV-related deaths and injuries. After publication
of the ANPR, the staff will address public comments on the ANPR and
prepare a briefing package for further consideration by the Commission.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Staff sends draft ANPR to
Commission 09/15/05
Commission Decision 10/05/05
ANPRM 10/14/05 70 FR 60031
Comment Period Closes 12/13/05
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-AC28
_______________________________________________________________________
3792. [bull] PETITION HP 05-1 REQUESTING AMENDMENT TO BAN ON INFANT
PILLOWS
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 1500.18(a)(16)(i)
Legal Deadline: None
Abstract: Boston Billows, Inc., requests that the Commission amend the
ban on infant pillows under 16 CFR 1500.18(a)(16)(i) to permit the use
of such infant pillows when the pillow is designed, intended, and
promoted for a mother's use during nursing, and when such pillows are
requested by a pediatrician or a board certified lactation consultant.
The request was docketed as a petition for rulemaking on September 15,
2005. A notice requesting comment on the petition will be published in
the Federal Register. After the close of the comment period, 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 09/15/05
Notice of Comment Period 10/13/05 70 FR 59726
Comment Period End 12/12/05
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Suad Wanna-Nakamura, Consumer Product Safety Commission
Phone: 301 504-7252
Email: snakamura@cpsc.gov
RIN: 3041-AC29
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Proposed Rule Stage
_______________________________________________________________________
3793. FLAMMABILITY STANDARD FOR UPHOLSTERED FURNITURE
Regulatory Plan: This entry is Seq. No. 159 in part II of this issue
of the Federal Register.
RIN: 3041-AB35
_______________________________________________________________________
3794. 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
[[Page 65523]]
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 12/00/05
Staff Sends Briefing Package to
Commission 03/00/06
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-AB67
_______________________________________________________________________
3795. 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 06/00/06
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
_______________________________________________________________________
3796. 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
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 10/00/05
[[Page 65524]]
Staff Sends Briefing Package to
Commission 05/00/06
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
_______________________________________________________________________
3797. 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 the 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 Begins Monitoring Progress
of Voluntary Standard 10/00/05
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
_______________________________________________________________________
3798. 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. An ANPRM was published in April 2005 and the comment period
closed on June 10, 2005. Staff is monitoring conformance of lighters
with the voluntary standard.
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
Staff Begins Monitoring of
Conformance with Voluntary
Standard 10/01/05
Staff Completes Monitoring of
Conformance with Voluntary
Standard 03/00/06
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
[[Page 65525]]
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Final Rule Stage
_______________________________________________________________________
3799. PROPOSED STANDARD TO ADDRESS OPEN-FLAME IGNITION OF MATTRESSES/
FOUNDATION SETS
Regulatory Plan: This entry is Seq. No. 160 in part II of this issue
of the Federal Register.
RIN: 3041-AC02
_______________________________________________________________________
3800. 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 10/06/05
Commission Decision 11/00/05
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
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Long-Term Actions
_______________________________________________________________________
3801. 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
_______________________________________________________________________
3802. 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
[[Page 65526]]
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 To Be Determined
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
_______________________________________________________________________
3803. 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 To Be Determined
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
_______________________________________________________________________
3804. 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
Staff Sends Briefing Package to
Commission 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
_______________________________________________________________________
3805. [bull] POSSIBLE REVOCATION OR AMENDMENT OF STANDARD FOR THE
FLAMMABILITY OF MATTRESSES AND MATTRESS PADS (CIGARETTE IGNITION)
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 1193, Flammable Fabrics Act
CFR Citation: 16 CFR 1632
Legal Deadline: None
Abstract: The Commission published an advance notice of proposed
rulemaking (ANPR) in the Federal Register on June 23, 2005, requesting
comments on a rulemaking proceeding that could result in revoking or
amending its existing flammability standard that includes a test for
cigarette ignition of mattresses and mattress pads (16 CFR Part 1632).
On January 13, 2005, the Commission issued a proposed flammability
standard for mattresses and mattress and foundation sets that
prescribes an open flame ignition test. Some commenters to that
rulemaking stated that they believe that once the new mattress standard
is in effect the cigarette ignition test currently required in 16 CFR
1632 will not be necessary and conducting both tests will be burdensome
for industry. The Commission issued this ANPR to begin consideration of
whether the existing
[[Page 65527]]
mattress standard should be revoked or amended.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 06/23/05 70 FR 36357
ANPRM Comment Period End 08/22/05
Staff Sends Briefing Package to
Commission To Be Determined
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-AC27
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Completed Actions
_______________________________________________________________________
3806. 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
Withdrawn. No Agency Action
Contemplated During this
Regulatory Agenda Cycle. 08/10/05
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
_______________________________________________________________________
3807. 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
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: None
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. On October 5, 2005 the Commission voted to
defer action on the petition.
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
Notice of Public Meeting 02/11/05 70 FR 7247
Public Meeting 03/22/05
Staff Sends Response to Public
Comments to Commission 08/22/05
Commission Decision 10/05/05
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
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
[FR Doc. 05-17882 Filed 10-28-05; 8:45 am]
BILLING CODE 6355-01-S