<DOC>
[December 22, 2003 (Volume 68, Number 245)]
[Unified Agenda]
From the Federal Register Online via GPO Access [frwais.access.gpo.gov]
[DOCID: f:ua031049.wais]
[Page 73862-73871]
Consumer Product Safety Commission
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Part XLIX
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Semiannual Regulatory Agenda
[[Page 73862]]
CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
_______________________________________________________________________
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Ch. II
Regulatory Flexibility Act; Semiannual Regulatory Flexibility and
Unified Agendas
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 January
31, 2003.
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) 504-0800, 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 Jacqueline Elder, Office of Hazard Identification
and Reduction, Consumer Product Safety Commission, Washington, DC
20207-0001, telephone (301) 504-7645, e-mail jelder@cpsc.gov. 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. This agenda also includes
regulatory activities that have been completed by the Commission
prior to publication. 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: September 11, 2003.
Todd Stevenson,
Secretary, Consumer Product Safety Commission.
Consumer Product Safety Commission--Prerule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
3989 Flammability Standard for Upholstered Furniture..................................... 3041--AB35
3990 Petition HP 00--2 Requesting a Rule Declaring Natural Rubber Latex a Strong 3041--AB88
Sensitizer..........................................................................
3991 Petition CP 02--01 Requesting a Rule Adopting ASTM F400, Safety Standard for 3041--AC01
Lighters as a Consumer Product Safety Standard......................................
3992 Petition CP 02--3 Requesting a Standard for Hunting Tree Stands and a Ban of Waist 3041--AC07
Belt Restraints Used With Hunting Tree Stands.......................................
3993 Petition CP 03--1/HP 03--1 Requesting a Standard for Bunk Bed Corner Posts.......... 3041--AC10
----------------------------------------------------------------------------------------------------------------
[[Page 73863]]
Consumer Product Safety Commission--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
3994 Proposed Rule on Baby Bath Seats.................................................... 3041--AC03
----------------------------------------------------------------------------------------------------------------
Consumer Product Safety Commission--Long--Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
3995 Amendment of Safety Regulations for Cribs........................................... 3041--AB67
3996 Amendment of the Standard for the Flammability of Clothing Textiles................. 3041--AB68
3997 Portable Bed Rails.................................................................. 3041--AB91
3998 Proposed Standard To Address Open--Flame Ignition of Mattresses/Bedding............. 3041--AC02
3999 Test Method for Determining Applicability of Cautionary Labeling and Child-- 3041--AC05
Resistant Packaging to Hydrocarbon--Containing Products in Spray Packaging..........
4000 Petition CP 02--4/HP 02--1 Requesting a Ban of All--Terrain Vehicles That Are Sold 3041--AC11
for the Use of Children Under 16 Years Old..........................................
4001 Possible Special Packaging Standard for Household Products Containing Hydroxides.... 3041--AC12
4002 Petition PP 03--1 Requesting an Amendment To Child--Resistance Testing Pass/Fail 3041--AC17
Criterion for Unit Dose Packaging...................................................
4003 Petition CP 03--3 Requesting the Labeling of Weightlifting Bench Press Benches To 3041--AC18
Reduce or Prevent Deaths Due to Asphyxia/Anoxia.....................................
4004 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...................................
----------------------------------------------------------------------------------------------------------------
Consumer Product Safety Commission--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
4005 Petition HP 01--1 Requesting the Development of a Performance Standard for Bicycle 3041--AB94
Handlebars..........................................................................
4006 Petition HP 01--03 Requesting a Ban on Use of Chromated--Copper--Arsenate (CCA) 3041--AB97
Treated Wood in Playground Equipment................................................
4007 Petition CP 02--2 Requesting a Rule To Require a Performance Standard for Auxiliary 3041--AC09
Hazard Lighting Systems on Snowmobiles..............................................
4008 Requirements for Bicycles--Tests and Test Procedures; Correction.................... 3041--AC20
----------------------------------------------------------------------------------------------------------------
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Prerule Stage
_______________________________________________________________________
3989. FLAMMABILITY STANDARD FOR UPHOLSTERED FURNITURE
Priority: Economically Significant. Major under 5 USC 801.
Legal Authority: 15 USC 1191, Flammable Fabrics Act
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. The
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 1997, the staff forwarded a briefing
package containing the draft standard and supporting data to the
Commission.
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
[[Page 73864]]
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.
A CPSC staff risk assessment concluded that a number of flame--
retardant chemicals are available that would not present health risks
to consumers, although additional data are needed for some other
chemicals. The CPSC staff has also worked with the National Institute
of Occupational Safety and Health and the Environmental Protection
Agency to evaluate possible impacts of flame--retardant chemical use on
worker safety and the environment.
In 2001, the CPSC staff forwarded a briefing package containing an
updated draft standard and supporting data to the Commission. In 2002,
the Commission staff held a public meeting to receive any new technical
information and recommendations from interested parties on the
upholstered furniture 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
cover both small open flame and cigarette ignition risks. On October
17, 2003, the Commission voted to issue a new ANPRM to start a
proceeding to cover both small open flame and cigarette ignition risks.
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 Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: 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
_______________________________________________________________________
3990. PETITION HP 00--2 REQUESTING A RULE DECLARING NATURAL RUBBER LATEX
A STRONG SENSITIZER
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
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: A petition from Debi Adkins, Editor, Latex Allergy News,
requests that the Commission issue a rule declaring that natural rubber
latex (NRL) and products containing NRL are strong sensitizers under
the Federal Hazardous Substances Act (FHSA) and require labeling. NRL
is in such consumer products as gloves, adhesives, shoes, balloons,
pacifiers, and carpet backing, as well as many medical products. The
petitioner states that a portion of the population has developed an
allergy to latex that can be debilitating, even causing death. On March
21, 2000, the Commission published a notice in the Federal Register to
solicit comments on the petition from all interested persons. On May
24, 2000, at the request of several persons, the Commission published a
notice extending the original due date for comments of May 22, 2000,
for 30 days to June 21, 2000. Eighty--four comments were received.
Before completing the briefing package, the staff asked Federal experts
to review the staff's assessment of the health effects related to
latex. The staff incorporated comments from this review and has
completed a briefing package for consideration by the Commission.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 03/02/00
Notice 03/21/00 65 FR 15133
Comment Period End 05/22/00
Comment Period Extended 05/24/00 65 FR 33525
Comment Period End 06/21/00
Federal Expert Review Completed 10/28/02
Staff Sent Briefing Package to
Commission 10/16/03
Notice of Staff Briefing and
Public Meeting Held on December
10, 2003 11/14/03 68 FR 64610
Commission Decision 12/00/03
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
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-AB88
[[Page 73865]]
_______________________________________________________________________
3991. PETITION CP 02--01 REQUESTING A RULE ADOPTING ASTM F400, SAFETY
STANDARD FOR LIGHTERS AS A CONSUMER PRODUCT SAFETY STANDARD
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
2058, Consumer Product Safety Act
CFR Citation: Not Yet Determined
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 is reviewing all information
received and is preparing a briefing package for consideration by the
Commission.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 12/26/01
Notice 01/17/02 67 FR 2420
Comment Period End 03/18/02
Staff Sends Briefing Package to
Commission 12/00/03
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Rikki Z. 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
_______________________________________________________________________
3992. PETITION CP 02--3 REQUESTING A STANDARD FOR HUNTING TREE STANDS
AND A BAN OF WAIST BELT RESTRAINTS USED WITH HUNTING TREE STANDS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
2058(i), Consumer Product Safety Act
CFR Citation: None
Legal Deadline: None
Abstract: A petition from Carol Pollack--Nelson, Ph.D. requests that
the Commission issue regulations that would establish a mandatory
standard for hunting tree stands to address the risk of falling, and
ban waist belt restraints used with the tree stands. On May 1, 2002,
the Commission published a notice in the Federal Register to solicit
comments on the petition from all interested persons. The staff is
preparing a briefing package for consideration by the Commission.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 04/15/02
Notice 05/01/02 67 FR 21640
Comment Period End 07/01/02
Staff Sends Briefing Package to
Commission 12/00/03
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: DeWane J. Ray, Project Manager, Consumer Product Safety
Commission, Directorate for Engineering Sciences, Washington, DC 20207
Phone: 301 504--7547
Email: jray@cpsc.gov
RIN: 3041-AC07
_______________________________________________________________________
3993. 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. The staff is preparing a briefing
package for consideration by the Commission.
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 12/00/03
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: Debra L. Sweet, Project Manager, Consumer Product
Safety Commission, Directorate for Epidemiology, Washington, DC 20207
Phone: 301 504--7403
Email: dsweet@cpsc.gov
RIN: 3041-AC10
[[Page 73866]]
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Proposed Rule Stage
_______________________________________________________________________
3994. PROPOSED RULE ON 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.
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
Staff Sends Draft NPRM to
Commission 11/00/03
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
RIN: 3041-AC03
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Long-Term Actions
_______________________________________________________________________
3995. 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 consider
written comments received in response to the ANPRM, and 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
Commission Decision 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
Email: phackett@cpsc.gov
RIN: 3041-AB67
_______________________________________________________________________
3996. 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
[[Page 73867]]
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 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-AB68
_______________________________________________________________________
3997. 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. The ASTM standard for bed rails has 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 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
Email: phackett@cpsc.gov
RIN: 3041-AB91
_______________________________________________________________________
3998. PROPOSED STANDARD TO ADDRESS OPEN--FLAME IGNITION OF MATTRESSES/
BEDDING
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 1193, Flammable Fabrics Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In 1995, the Commission staff began a project on mattress
fires. Subsequent to that, the Commission docketed two petitions from
the Children's Coalition for Fire--Safe Mattresses, FP 00--1 and FP
00--2, requesting certain standards to address the open flame ignition
hazard with mattresses/bedding. On October 2, 2001, the Commission
voted to grant these two petitions and issue an ANPRM addressing this
mattress flammability hazard. The Commission published an advance
notice of proposed rulemaking (ANPRM) in the Federal Register of
October 11, 2001, that requested comments on a rulemaking proceeding
that could result in a mandatory flammability standard addressing open
flame ignition of mattresses/bedding. The staff will address public
comments on the ANPRM and prepare a briefing package for Commission
consideration with a draft proposed rule for mattresses. The staff is
also preparing a briefing package for Commission consideration as to
whether to issue an ANPRM to address the flammability of bedding.
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 To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Margaret L. Neily, Project Manager, Consumer Product
Safety Commission, Directorate for
[[Page 73868]]
Engineering Sciences, Washington, DC 20207
Phone: 301 504--7530
Email: mneily@cpsc.gov
RIN: 3041-AC02
_______________________________________________________________________
3999. 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
RIN: 3041-AC05
_______________________________________________________________________
4000. 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, West Virginia. The staff
is reviewing available information and preparing a briefing package for
Commission consideration.
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 To Be Determined
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
_______________________________________________________________________
4001. 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
[[Page 73869]]
special packaging for all hydroxides, and (2) decreasing the percentage
of sodium and potassium 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
_______________________________________________________________________
4002. <bullet<ls-thn-eq> PETITION PP 03--1 REQUESTING AN AMENDMENT TO
CHILD--RESISTANCE TESTING PASS/FAIL CRITERION FOR UNIT DOSE PACKAGING
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
1471, Poison Prevention Packaging Act
CFR Citation: Not Yet Determined
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., non--reclosable, 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 is reviewing
available information and will prepare a briefing package for
consideration by the Commission.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 05/12/03
Other/Notice 06/16/03 68 FR 35614
Other/Comment Period End 08/15/03
Staff Sends Briefing Package to
Commission To Be Determined
Commission Decision To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
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
_______________________________________________________________________
4003. <bullet<ls-thn-eq> PETITION CP 03--3 REQUESTING THE LABELING OF
WEIGHTLIFTING BENCH PRESS BENCHES TO REDUCE OR PREVENT DEATHS DUE TO
ASPHYXIA/ANOXIA
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: V. Patteson Lombardi, Ph.D., requests that the Commission
issue a rule requiring a warning label on both uprights of
weightlifting bench press benches. He asserts that the labeling is
necessary to reduce or eliminate deaths due to asphyxia/anoxia caused
by being trapped under a bench press barbell. The staff is reviewing
available information and will prepare a briefing package for
consideration by the Commission.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 06/24/03
Notice 07/18/03 68 FR 42692
Comment Period End 09/16/03
Staff Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Timothy P. Smith, Project Manager, Consumer Product
Safety Commission, Division of Human Factors, Directorate for
Engineering Sciences, Washington, DC 20207
Phone: 301 504--7691
Email: tsmith@cpsc.gov
RIN: 3041-AC18
_______________________________________________________________________
4004. <bullet<ls-thn-eq> 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., request that the
Commission 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 available information and will prepare 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
Small Entities Affected: 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
[[Page 73870]]
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Completed Actions
_______________________________________________________________________
4005. PETITION HP 01--1 REQUESTING THE DEVELOPMENT OF A PERFORMANCE
STANDARD FOR BICYCLE HANDLEBARS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
1261, Federal Hazardous Substances Act
CFR Citation: None
Legal Deadline: None
Abstract: A petition from Flaura Koplin Winston, M.D., Ph.D., Director,
Trauma Link: The Interdisciplinary Pediatric Injury Control Research
Center, Children's Hospital of Philadelphia, requests that the
Commission develop a performance standard for bicycle handlebars
regarding energy dissipation and distribution during impact. The
request was docketed as a petition on January 23, 2001. A notice
requesting comment on the petition was published in the Federal
Register on February 14, 2001. The initial comment period closed on
April 16, 2001. The comment period was extended to May 16, 2001. The
Commission denied the petition on July 11, 2003. The staff is working
with the ASTM International Task Group on Handlebars to develop
voluntary performance requirements to address this risk of injury.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 01/23/01
Notice 02/14/01 66 FR 10273
Comment Period End 04/16/01
Notice 04/16/01 66 FR 19429
Comment Period End 05/16/01
Staff Sent Briefing Package to
Commission 06/12/03
Petition Denied 07/11/03
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Debra L. Sweet, Project Manager, Consumer Product
Safety Commission, Directorate for Epidemiology, Washington, DC 20207
Phone: 301 504--7403
Email: dsweet@cpsc.gov
RIN: 3041-AB94
_______________________________________________________________________
4006. PETITION HP 01--03 REQUESTING A BAN ON USE OF CHROMATED--COPPER--
ARSENATE (CCA) TREATED WOOD IN PLAYGROUND EQUIPMENT
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 1262, Federal Hazardous Substance Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: A petition from the Environmental Working Group and Healthy
Building Network, docketed June 20, 2001, requests that the Commission
enact an immediate ban on the use of chromated copper arsenate (CCA)
treated wood in playground equipment. This treatment is used as a
pesticide in the wood. The petitioners assert that a ban is necessary
because recent research has shown that arsenic is more carcinogenic
than was previously recognized, and is present at significant
concentrations on CCA treated wood and in underlying soil. They further
assert that the health risks posed by this wood are greater than was
previously recognized, and that past risk assessments were incomplete.
The petitioners also requested that the Commission review the safety of
CCA treated wood for general use. Such a review would not require
rulemaking to implement. Therefore, this request was not docketed. On
July 13, 2001, the Commission published a notice in the Federal
Register to solicit comments on the petition. The 60--day comment
period ended on September 11, 2001. Commission staff reviewed comments
received on the petition and conducted studies to obtain exposure data
to assess possible health risks to children from the use of CCA--
treated wood in playground equipment. The Conference report
accompanying the Commission's FY 2002 appropriation directed the CPSC
to submit a report to Congress on its work on CCA treated wood and
steps taken to inform State and local governments of that work. The
report was submitted to the appropriations committees of both houses of
Congress on February 15, 2002. Also, in February 2002, the USEPA
announced that the manufacturers of CCA had requested that
registrations of CCA be cancelled, effective December 31, 2003. The
staff's exposure and risk assessment was reviewed by outside experts.
Commission staff prepared an options briefing package, including its
risk assessment, that was sent to the Commission on February 7, 2003,
for its consideration. The Commission held a public meeting on March
17--18, 2003, that included a briefing by CPSC staff members on their
studies and evaluations, as well as testimony from interested public
parties. The Commission's staff analyzed comments received at the
hearing and after the hearing and prepared another package for the
Commission that responds to these comments. On November 4, 2003, the
Commission voted to deny the petition.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 06/20/01
Notice on Petition 07/13/01 66 FR 36756
Comment Period End 09/11/01
Notice on Protocols 09/20/01 66 FR 48428
Comment Period End 10/22/01
Expert Assessment Completed 12/01/02
Staff Sent Briefing Package to
Commission 02/07/03
Public Meeting 03/17/03
Staff Sent Package to the
Commission Responding to Public
Comments 10/09/03
Petition Denied 11/04/03
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Patricia Bittner, Project Manager, Consumer Product
Safety Commission, Directorate for Health Sciences, Washington, DC
20207
Phone: 301 504--7263
Email: pbittner@cpsc.gov
RIN: 3041-AB97
_______________________________________________________________________
4007. PETITION CP 02--2 REQUESTING A RULE TO REQUIRE A PERFORMANCE
STANDARD FOR AUXILIARY HAZARD LIGHTING SYSTEMS ON SNOWMOBILES
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
2058, Consumer Product Safety Act
CFR Citation: None
[[Page 73871]]
Legal Deadline: None
Abstract: In correspondence dated February 8, 2002, Allen J. Lakosky
and Michelle Robillard of Snow Glow, Inc., requested that the
Commission issue a rule prescribing performance standards for
auxilliary lighting systems on snowmobiles. A notice was published in
the Federal Register on April 30, 2002, in which the Commission
solicited public comments concerning the petition. The staff prepared a
briefing package for consideration by the Commission. The Commission
denied the petition on August 4, 2003.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 03/15/02
Notice 04/30/02 67 FR 21222
Comment Period End 07/01/02
Staff Sends Briefing Package to
Commission 07/17/03
Petition Denied 08/04/03
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Timothy P. Smith, Project Manager, Consumer Product
Safety Commission, Division of Human Factors, Directorate for
Engineering Sciences, Washington, DC 20207
Phone: 301 504--7691
Email: tsmith@cpsc.gov
RIN: 3041-AC09
_______________________________________________________________________
4008. <bullet<ls-thn-eq> REQUIREMENTS FOR BICYCLES--TESTS AND TEST
PROCEDURES; CORRECTION
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Deadline: None
Abstract: An immediately effective final rule to correct minor obvious
typographical errors in equation defining criteria for the reflective
tire and rim test in the Commission's bicycle regulations at 16 CFR
part 1512.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Staff Sends Briefing Package to
Commission 08/18/03
Commission Approved Final Rule
for Publication 08/26/03
Final Rule 09/05/03 68 FR 52690
Final Action Effective 09/05/03
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Vincent Amodeo, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, Washington, DC
20814
Phone: 301 504--7570
Email: vamodeo@cpsc.gov
RIN: 3041-AC20
[FR Doc. 03-24028 Filed 12-19-03; 8:45 am]
BILLING CODE 6355-01-S