[April 24, 2000 (Volume 65, Number 79)] [Unified Agenda] From the Federal Register Online via GPO Access [frwais.access.gpo.gov] [DOCID: f:ua000448.wais] [Page 23779-23788] Consumer Product Safety Commission [[Page 23779]] Part XLVIII _______________________________________________________________________ Semiannual Regulatory Agenda [[Page 23780]] 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 June 30, 2000. ADDRESSES: Comments on the regulatory flexibility agenda should be mailed to the Office of the Secretary, Consumer Product Safety Commission, Washington, DC 20207; telephone: (301) 504-0800, or delivered to the Office of the Secretary, Room 502, 4330 East West Highway, Bethesda, Maryland 20814. 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 Stephen Lemberg, Office of the General Counsel, Consumer Product Safety Commission, Washington, DC 20207, telephone (301) 504-0980, ext. 2218. 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. Dated: February 24, 2000. Sadye E. Dunn, Secretary, Consumer Product Safety Commission. Consumer Product Safety Commission--Prerule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 3987 Amendment of the Standard for the Flammability of Clothing Textiles................. 3041-AB68 3988 Petition CP 97-1 Requesting Development of a Safety Standard for Escalators......... 3041-AB70 3989 Petition CP 99-2 Requesting Safety Standard for Bleachers and Grandstands........... 3041-AB84 ---------------------------------------------------------------------------------------------------------------- Consumer Product Safety Commission--Proposed Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 3990 Flammability Standard for Upholstered Furniture..................................... 3041-AB35 3991 Baby Walkers........................................................................ 3041-AB40 3992 Dive Sticks......................................................................... 3041-AB82 3993 Amendment of the Safety Standard for Automatic Residential Garage Door Operators.... 3041-AB86 3994 Petition HP 00-2 Requesting a Rule Declaring Natural Rubber Latex a Strong 3041-AB88 Sensitizer.......................................................................... ---------------------------------------------------------------------------------------------------------------- [[Page 23781]] Consumer Product Safety Commission--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 3995 Petition HP 93-1 Requesting Development of a Rule To Ban Certain Backyard Playsets.. 3041-AB47 3996 Requirements for Child-Resistant Packaging of Household Products Containing 3041-AB57 Petroleum Distillates or Other Hydrocarbons......................................... 3997 Amendment of Safety Regulations for Cribs........................................... 3041-AB67 3998 Petition HP 99-1 for a Ban of Polyvinyl Chloride in Toys and Other Products Intended 3041-AB79 for Children 5 Years of Age and Under............................................... 3999 Petition FP 99-1 Requesting Labeling Rule for Polyurethane Foam in Upholstered 3041-AB81 Furniture........................................................................... 4000 Petition HP 00-1 Requesting Development of a Child-Resistance Standard for Buckles 3041-AB85 Used on Child-Restraint Systems..................................................... 4001 Petition HP 00-3 Requesting a Ban of Candle Wicks Containing Lead and Candles With 3041-AB87 Such Wicks.......................................................................... ---------------------------------------------------------------------------------------------------------------- Consumer Product Safety Commission--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 4002 Requirements for Child-Resistance of Multi-Purpose Lighters......................... 3041-AB66 4003 Amendment of Laundering Procedures in Flammability Standards for Children's 3041-AB69 Sleepwear, Carpets and Rugs, and Mattress Pads...................................... 4004 Requirements for Bunk Beds.......................................................... 3041-AB75 4005 Petition CP 99-1 Requesting a Ban of, or Warnings and Instructions for, Steel 3041-AB83 Electricians' Fish Tapes............................................................ ---------------------------------------------------------------------------------------------------------------- _______________________________________________________________________ CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Prerule Stage _______________________________________________________________________ 3987. 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 is preparing 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 will decide whether to begin a proceeding for amendment of the standard. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Staff Sends Briefing Package to Commission 04/00/00 Commission Decision 04/00/00 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Margaret Neily, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, Washington, DC 20207 Phone: 301 504-0508 RIN: 3041-AB68 _______________________________________________________________________ 3988. PETITION CP 97-1 REQUESTING DEVELOPMENT OF A SAFETY STANDARD FOR ESCALATORS 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: A petition from Scott and Diana Anderson requests development of a safety standard for escalators. The petition asserts that escalators are associated with unreasonable risks of serious injuries resulting from entrapment of feet, toes, and other body parts in openings between the moving stairs and the sides of the escalators. On May 22, 1997, the Commission published a notice in the Federal Register to solicit comments on the petition from all interested persons. The industry conducted research to support possible improvements to the escalator code to address side-wall entrapments. The staff is evaluating the results of the industry studies, and [[Page 23782]] injury data, and is preparing a briefing package for consideration by the Commission. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Notice To Solicit Comments on Petition 05/22/97 62 FR 28005 Comment Period End 07/21/97 Industry Completes Report and Makes Recommendations to Improve Code 09/30/99 Staff Sends Briefing Package to Commission 04/00/00 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Patricia Hackett, Project Manager, Consumer Product Safety Commission, Directorate for Health Sciences, Washington, DC 20207 Phone: 301 504-0494 RIN: 3041-AB70 _______________________________________________________________________ 3989. PETITION CP 99-2 REQUESTING SAFETY STANDARD FOR BLEACHERS AND GRANDSTANDS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 5 USC 553(e) Administrtative Procedure Act; 15 USC 2051 Consumer Product Safety Act CFR Citation: Not Yet Determined Legal Deadline: None Abstract: A petition from Representatives Bill Luther and Jim Ramstad requests that the Commission develop a safety standard for bleachers and grandstands. The petitioners assert that there have been several recent incidents of children falling through gaps in bleacher seats at basketball and hockey arenas. They request that the Commission set a national standard that would include minimum spacing requirements for gaps between bleacher guardrails and between seats and footboards and other safety features for new bleachers. They also request guidelines for retrofitting older facilities. On August 26, 1999, the Commission published a notice in the Federal Register to solicit comments on the petition from all interested persons. The staff will prepare a briefing package for the Commission to consider. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Petition Docketed 08/10/99 Notice 08/26/99 64 FR 46657 Comment Period End 10/25/99 Staff Sends Briefing Package to Commission 04/00/00 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Scott Heh, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, Washington, DC 20207 Phone: 301 504-0494 RIN: 3041-AB84 _______________________________________________________________________ CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Proposed Rule Stage _______________________________________________________________________ 3990. FLAMMABILITY STANDARD FOR UPHOLSTERED FURNITURE Priority: Economically Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 15 USC 1193 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. This ANPRM was issued after the Commission granted part of a petition requesting development of a mandatory flammability standard to address risks of injury from ignition of upholstered furniture by: (1) small open-flame sources; (2) large open-flame sources; and (3) cigarettes. The Commission voted to deny that part of the petition requesting development of a mandatory standard to address hazards associated with ignition of upholstered furniture by large open-flame sources. The Commission also voted to defer a decision on that part of the petition requesting development of a standard to address cigarette ignition, and directed the staff to report to the Commission on the effectiveness of, and the extent of industry compliance with, a voluntary program to reduce risks of ignition of upholstered furniture by cigarettes. The Commission staff developed a draft standard to address ignition of upholstered furniture by small open-flame sources. On March 2, 1998, the Commission voted to defer action on small open- flame sources and gather additional information on the potential toxicity of flame-retardant chemicals that might be used to meet a standard. A public hearing on this subject was held on May 5-6, 1998. The staff is analyzing data from the hearing and completing other technical studies. In CPSC's 1999 appropriations legislation Congress directed the Commission to contract with the National Academy of Sciences (NAS) for a 12-month independent study of potential health hazards associated with the use of flame retardant chemicals that might be used in upholstered furniture fabrics to meet a CPSC standard. This contract was awarded in January 1999. NAS has requested an extension of the study to June 30, 2000. Upon completion of this study, the staff will present alternatives for future action by the Commission. CPSC is also considering possible impacts of flame retardant chemical use on worker safety and the environment. At the CPSC staff's request, the National Institute of Occupational Safety and Health will assess potential worker exposure to and risks from certain flame retardant chemicals that may be used by textile and furniture producers to comply with an upholstered furniture flammability standard. The CPSC staff is also working with the Environmental Protection Agency to consider possible controls on flame retardant compounds used in residential upholstered furniture fabrics, under that agency's [[Page 23783]] Toxic Substances Control Act Authority. 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) 06/00/00 Commission Decision on NPRM To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Dale R. Ray, Project Manager, Directorate for Economic Analysis, Consumer Product Safety Commission, Washington, DC 20207 Phone: 301 504-0962 RIN: 3041-AB35 _______________________________________________________________________ 3991. BABY WALKERS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 15 USC 1261 Federal Hazardous Substances Act; 15 USC 1262 Federal Hazardous Substances Act CFR Citation: 16 CFR 1500 Legal Deadline: None Abstract: On August 2, 1994, the Commission published an advance notice of proposed rulemaking (ANPRM) to begin a proceeding that may result in the issuance of mandatory design or performance requirements for baby walkers. A baby walker is a device that supports a child so that the child can use his or her feet to move about before or while learning to walk. Typically, a baby walker consists of a fabric seat that has leg openings and is mounted to a rigid plastic deck. The deck is attached to a base that is mounted on wheels to allow mobility. In 1994, an estimated 25,500 children younger than 15 months of age were treated in hospital emergency rooms for injuries associated with baby walkers. The majority of these injuries resulted from falls down stairs. Among the options under consideration by the Commission are mandatory performance or design requirements to reduce risks of injury associated with baby walkers, particularly those resulting to children from falls down stairs. In response to the Commission's work in this area, the industry approved revisions to the voluntary standard for baby walkers in 1996 to address the hazard of falling down stairs. The American Society for Testing and Materials (ASTM) standard contains performance requirements to address risks of injury to children from falls down stairs associated with baby walkers. In 1998, baby walker injuries had dropped to 11,000. The staff is currently assessing the extent of industry conformance with that voluntary standard, designated ``Standard Consumer Safety Specification for Infant Walkers,'' SF 977-97, published by ASTM. The staff will send that information to the Commission together with options for Commission action, including withdrawal of the ANPRM or further regulatory proceedings. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ ANPRM 08/02/94 59 FR 39309 ANPRM Comment Period End 10/03/94 Staff Provided Technical Recommendations to Revise Voluntary Standard 12/16/94 Revised Voluntary Standard Approved 10/01/96 Voluntary Certification Program Began 06/30/97 Staff Completes Monitoring Conformance to Revised Voluntary Standard 05/00/00 Staff sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Barbara J. Jacobson, Directorate for Health Sciences, Consumer Product Safety Commission, Washington, DC 20207 Phone: 301 504-0477 Email: bjacobson@cpsc.gov RIN: 3041-AB40 _______________________________________________________________________ 3992. DIVE STICKS Priority: Substantive, Nonsignificant Legal Authority: 15 USC 1261 Federal Hazardous Substances Act CFR Citation: 16 CFR 1500 Legal Deadline: None Abstract: On July 16, 1999 the Commission published an advance notice of proposed rulemaking (ANPRM) to begin a proceeding that may result in a ban of dive sticks with certain characteristics that cause them to be hazardous. Dive sticks are one of several types of devices used for underwater retrieval activities in swimming pools. They are typically made of rigid plastic, and are or can be weighted so that when dropped into water they sink and stand upright on the bottom. Many dive sticks have a cylindrically-shaped profile, while some have novel shapes like sharks or other sea creatures. Such dive sticks are constructed in such a manner that children can become impaled on them when they jump into shallow water where the dive sticks are oriented in an upright position. This impalement has resulted in serious injuries. The Commission will consider written comments received in response to the ANPRM before deciding whether to continue the proceeding by publication of a notice of proposed rulemaking (NPRM). Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ ANPRM 07/16/99 64 FR 38387 ANPRM Comment Period End 09/14/99 Staff Sends Briefing Package to Commission 04/00/00 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Scott Heh, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, Washington, DC 20207 [[Page 23784]] Phone: 301 504-0494 RIN: 3041-AB82 _______________________________________________________________________ 3993. AMENDMENT OF THE SAFETY STANDARD FOR AUTOMATIC RESIDENTIAL GARAGE DOOR OPERATORS Priority: Substantive, Nonsignificant Legal Authority: PL 101-608 Consumer Product Safety Improvement Act of 1990 CFR Citation: 16 CFR 1211 Legal Deadline: None Abstract: The CPSC's safety standard for automatic residential garage door operators protects against entrapment. Death or serious injury can result from entrapment. The entrapment protection requirements come from the UL 325 safety standard for garage door operators. Under the Consumer Product Safety Improvements Act, when UL makes subsequent changes to the entrapment protection provsions of UL 325, UL must notify the Consumer Product Safety Commission of proposed revisions and CPSC must incorporate them into the CPSC rule unless the CPSC notifies UL within 30 days that the CPSC has determined that the revision does not carry out the purposes of the Improvement Act. UL has made changes to its standard to reflect advances in garage door operator technology. The purpose of this regulatory action is to update the product safety rule to include these new requirements made by UL. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Staff sends NPRM briefing package to Commission 04/00/00 Commission decision 04/00/00 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: John Murphy, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, Washington, DC 20207 Phone: 301 504-0494 Email: jmurphy@cpsc.gov RIN: 3041-AB86 _______________________________________________________________________ 3994. 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 requiring 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. The staff is preparing 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 Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Agency Contact: Dr. Suzanne Barone, Project Manager, Consumer Product Safety Commission, Directorate for Health Sciences, Washington, DC 20207 Phone: 301 504-0477 Email: sbarone@cpsc.gov RIN: 3041-AB88 _______________________________________________________________________ CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Long-Term Actions _______________________________________________________________________ 3995. PETITION HP 93-1 REQUESTING DEVELOPMENT OF A RULE TO BAN CERTAIN BACKYARD PLAYSETS 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 the New York City Department of Consumer Affairs requests the Commission to develop a rule to ban certain backyard playsets. The petition asserts that backyard playsets present unreasonable risks of injury to children if they do not meet the requirements of a voluntary standard for home playground equipment published by the American Society for Testing and Materials (ASTM); are not accompanied with adequate information about ground surfacing; or lack specific features described in the petition. On May 21, 1996, the Commission denied those parts of the petition requesting issuance of a rule to ban any backyard playset that does not conform to all requirements of the ASTM voluntary standard; that has an accessible height that exceeds six feet above protective surfacing; that does not have adequate fall zones under climbing structures; or that does not provide adequate space between any item of swinging equipment and any other item of swinging or stationary equipment. The Commission deferred a decision on those parts of the petition requesting a rule to ban backyard playsets that are not accompanied with instructions to use and maintain specified ground surfacing; that do not have handrails on all platforms that are 30 inches or higher above protective surfacing; that have swing seats made of wood, metal, plastic, or other hard material capable of inflicting serious injury to the head; that have free- swinging ropes; and that are unanchored playsets with swings. The staff will transmit additional information to the Commission concerning revisions of the voluntary [[Page 23785]] standard. The Commission will then decide whether to grant, deny, or continue to defer the remaining requests in the petition. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Partial Denial of Petition 05/21/96 Revisions to Voluntary Standard Completed 07/10/98 Staff Began Monitoring Conformance to Voluntary Standard 08/10/99 Staff Completes Monitoring Conformance To Be Determined Staff Sends Additional Information to Commission To Be Determined Commission Decision To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Scott Heh, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, Washington, DC 20207 Phone: 301 504-0494 RIN: 3041-AB47 _______________________________________________________________________ 3996. REQUIREMENTS FOR CHILD-RESISTANT PACKAGING OF HOUSEHOLD PRODUCTS CONTAINING PETROLEUM DISTILLATES OR OTHER HYDROCARBONS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 15 USC 1471 Poison Prevention Packaging Act CFR Citation: 16 CFR 1700.14(a) Legal Deadline: None Abstract: Some household products containing ten percent or more by weight of petroleum distillates are subject to requirements for child- resistant packaging by regulations issued under the Poison Prevention Packaging Act and codified at 16 CFR 1700.14(a). These products include liquid furniture polish (section 1700.14(a)(2)), lighter fluid (section 1700.14(a)(7)), and prepackaged solvents for paint (section 1700.14(a)(15)). However, many other household products containing petroleum distillates are not required to be in child-resistant packaging. On February 26, 1997, the Commission published an advance notice of proposed rulemaking (ANPRM) to initiate a proceeding which may result in mandatory requirements for child-resistant packaging of other household products containing petroleum distillates or other hydrocarbons. On April 28, 1997, the Commission extended the period for receipt of written comments on the ANPRM until July 11, 1997. In the Federal Register of July 21, 1997, the Commission reopened the comment period through September 1, 1997. Following consideration of the comments,the Commission decided to propose requirements for child- resistant packaging of additional household products containing petroleum distillates or other hydrocarbons. The notice of proposed rulemaking (NPRM) was published on January 3, 2000 and the comment period ended March 20, 2000. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ ANPRM 02/26/97 62 FR 8659 Extension of ANPRM Comment Period 04/28/97 62 FR 22897 ANPRM Comment Period End 05/12/97 62 FR 8659 Comment Period End 07/11/97 62 FR 22897 Reopening of ANPRM Comment Period 07/21/97 62 FR 38948 Comment Period End 09/01/97 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: Undetermined Agency Contact: Dr. Suzanne Barone, Project Manager, Consumer Product Safety Commission, Directorate for Health Sciences, Washington, DC 20207 Phone: 301 504-0477 Email: sbarone@cpsc.gov RIN: 3041-AB57 _______________________________________________________________________ 3997. 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 may 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 the American Society for Testing and Materials (ASTM) was revised to include performance requirements for crib slats. The Commission will consider written comments received in response to the ANPRM and assess conformance with the voluntary standard before deciding whether to continue the proceeding by publication of a notice of proposed rulemaking (NPRM) or terminate further proceedings in reliance on the voluntary standard. 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 [[Page 23786]] Staff Begins Monitoring Conformance to Revised Voluntary Standard To Be Determined Staff Completes Monitoring Conformance To Be Determined Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Deborah Tinsworth, Project Manager, Consumer Product Safety Commission, Directorate for Epidemiology, Washington, DC 20207 Phone: 301 504-0470 Email: dtinsworth@cpsc.gov RIN: 3041-AB67 _______________________________________________________________________ 3998. PETITION HP 99-1 FOR A BAN OF POLYVINYL CHLORIDE IN TOYS AND OTHER PRODUCTS INTENDED FOR CHILDREN 5 YEARS OF AGE AND UNDER Priority: Other Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 15 USC 1261 to 1278 Federal Hazardous Substances Act CFR Citation: 16 CFR 1500 Legal Deadline: None Abstract: The National Environmental Trust and 11 other organizations petitioned the Commission to ban polyvinyl chloride (PVC) in toys and other articles intended for the use of children 5 years and under, based upon concerns they have about the potential for health risks from phthalates (especially diisononyl phthalate (DINP)), lead, and cadmium that can be in PVC. A Federal Register notice was issued on December 22, 1998, requesting comment on the petition. Comments were due on February 22, 1999. The Commission has established a Chronic Hazard Advisory Panel (CHAP) of independent scientists to study issues related to the chronic toxicity and risk, including the risk of cancer, associated with exposure to (DINP) in children's PVC products. The Commission has begun an extensive exposure study to obtain a broader range of data from which to better define the amount of time children mouth products that could contain phthalates. Following completion of this work, the staff will send a briefing package to the Commission recommending that the Commission grant, deny, or defer the petition. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Notice Advising of Receipt of Petition 12/22/98 63 FR 70756 Initiated Formation of CHAP 02/16/99 Comment Period End 02/22/99 Awarded Contract for Child Observation Study 09/30/99 Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Marilyn L. Wind Ph.D., Project Manager, Consumer Product Safety Commission, Directorate for Health Sciences, Washington, DC 20207 Phone: 301 504-0477 RIN: 3041-AB79 _______________________________________________________________________ 3999. PETITION FP 99-1 REQUESTING LABELING RULE FOR POLYURETHANE FOAM IN UPHOLSTERED FURNITURE Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 5 USC 553(e) Administrative Procedure Act; 15 USC 1191 Flammable Fabrics Act CFR Citation: Not Yet Determined Legal Deadline: None Abstract: A petition from the National Association of State Fire Marshals (NASFM) requests that the Commission require labels under the Flammable Fabrics Act warning that polyurethane foam in upholstered furniture poses a fire hazard. NASFM asserts that polyurethane foam in upholstered furniture poses an unreasonable risk of fire because once ignited it burns rapidly and emits toxic gases. NASFM asks the Commission to require that upholstered furniture manufacturers and retailers provide flammability warnings to the public. On April 6, 1999, the Commission published a Federal Register notice to solicit public comments on the petition. The Commission has another ongoing rulemaking proceeding related to the risk of fire associated with upholstered furniture (RIN 3041-AB40) that may bear on the disposition of this petition. In 1994, CPSC published an ANPRM announcing the agency's intent to consider a possible rule or other alternatives to address the risk of upholstered furniture fires ignited by small open-flame sources, e.g., lighters, matches and candles. Such a rule could affect fabrics or other furniture components, including filling materials such as polyurethane foam. The Commission staff is evaluating the technical issues raised in the polyurethane foam petition as part of the larger regulatory development effort. The Commission's consideration of the petition will, therefore, be incorporated into the decision on how to proceed on the small open- flame matter. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Issuance of Federal Register Notice To Solicit Comments 04/06/99 64 FR 16711 Comment Period End 06/07/99 Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Dale R. Ray, Project Manager, Directorate for Economic Analysis, Consumer Product Safety Commission, Washington, DC 20207 Phone: 301 504-0962 RIN: 3041-AB81 _______________________________________________________________________ 4000. PETITION HP 00-1 REQUESTING DEVELOPMENT OF A CHILD- RESISTANCE STANDARD FOR BUCKLES USED ON CHILD-RESTRAINT SYSTEMS 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 [[Page 23787]] Abstract: A petition from John A. Galbreath requests that the Commission develop a child-resistance standard for buckles used on child-restraint systems on such products as strollers, high chairs, changing stations, and shopping carts. The petitioner states that existing buckles used on child-restraint systems are ineffective because children can open them and that they present unreasonable risks of serious injuries to children resulting from children falling from strollers, high chairs, changing stations and shopping carts. On January 5, 2000, 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 ________________________________________________________________________ Notice 01/05/00 65 FR 439 Comment Period End 03/06/00 Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Agency Contact: Deborah Tinsworth, Project Manager, Consumer Product Safety Commission, Directorate for Epidemiology, Washington, DC 20207 Phone: 301 504-0470 Email: dtinsworth@cpsc.gov RIN: 3041-AB85 _______________________________________________________________________ 4001. PETITION HP 00-3 REQUESTING A BAN OF CANDLE WICKS CONTAINING LEAD AND CANDLES WITH SUCH WICKS 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: Separate requests from Public Citizen and jointly from the National Apartment Association and the National Multi Housing Council are being considered as a petition to ban candle wicks that contain lead and to ban candles with such wicks. The petitioners claim that burning candles with such wicks produces hazardous combustion products containing lead. The staff is preparing a briefing package for consideration by the Commission. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Petition Docketed 03/17/00 Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Agency Contact: Kristine Hatelid, Project Manager, Consumer Product Safety Commission, Directorate for Health Sciences, Washington, DC 20207 Phone: 301 504-0994 Email: khatelid@cpsc.gov RIN: 3041-AB87 _______________________________________________________________________ CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Completed Actions _______________________________________________________________________ 4002. REQUIREMENTS FOR CHILD-RESISTANCE OF MULTI-PURPOSE LIGHTERS Priority: Other Significant Legal Authority: 15 USC 2051 Consumer Product Safety Act CFR Citation: 16 CFR 1212; 16 CFR 1145 Legal Deadline: None Abstract: On December 22, 1999, the Commission published a final rule requiring multi-purpose lighters to be child resistant. The standard will become effective December 22, 2000 and will apply to multi-purpose lighters manufactured in the United States or imported on or after that date. The mandatory product safety rule for multi-purpose lighters, also known as grill lighters, utility lighters, and micro-torches, requires these lighters to have a child-resistant mechanism to prevent operation by most children younger than 5 years of age.The standard includes lighters marketed for a wide range of general household uses, such as igniting fuel for fireplaces, charcoal or gas-fueled grills, and camping equipment. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ ANPRM 01/16/97 62 FR 2327 ANPRM Comment Period End 03/17/97 NPRM 09/30/98 63 FR 52397 NPRM Comment Period End 12/14/98 Supplemental NPRM 08/04/99 64 FR 42302 Second NPRM Comment Period End 10/18/99 Staff Sends Briefing Package to Commission 11/19/99 Final Rule 12/22/99 64 FR 71854 Final Rule Effective 12/22/00 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: Michael Bogumill, Consumer Product Safety Commission, Office of Compliance, Washington, DC 20207 Phone: 301 504-0400 Email: mbogumill@cpsc.gov RIN: 3041-AB66 _______________________________________________________________________ 4003. AMENDMENT OF LAUNDERING PROCEDURES IN FLAMMABILITY STANDARDS FOR CHILDREN'S SLEEPWEAR, CARPETS AND RUGS, AND MATTRESS PADS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 15 USC 1191 Flammable Fabrics Act CFR Citation: 16 CFR 1615; 16 CFR 1616; 16 CFR 1630; 16 CFR 1631; 16 CFR 1632 Legal Deadline: None Abstract: Flammability standards for children's sleepwear, carpets and rugs, and mattress pads contain procedures for washing and drying specimens before testing to assure that flame retardants used in these products will not be removed by repeated laundering or cleaning. The laundering procedures in all of these standards currently require use of a detergent and washing [[Page 23788]] methods that are no longer representative of those used for home laundering. In November 1998 the staff provided the Commission with a briefing package concerning the laundering procedures in these standards. It included modifications that may be needed to assure that the effect of laundering on the flammability of the products covered by these standards is assessed with equipment and methods currently used by consumers. Supplemental information on a suggested laundering procedure was submitted by the staff in February 1999. The Commission published proposed amendments to the standards, to represent more realistic laundering conditions. In February 2000, after a review of comments, the Commission voted to issue the proposed amendments in a final rule. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Briefing Package to Commission 11/18/98 NPRM for Sleepwear 03/17/99 64 FR 13126 NPRM for Carpets and Rugs 03/17/99 64 FR 13132 NPRM for Mattresses and Mattress Pads 03/17/99 64 FR 13137 NPRM for Sleepwear Comment Period End 06/01/99 64 FR 13126 NPRM for Carpets and Rugs Comment Period End 06/01/99 64 FR 13132 NPRM for Mattresses and Mattress Pads Comment Period End 06/01/99 64 FR 13137 Staff Sends Briefing Package to Commission 01/20/00 Final Action Commission Decision 02/02/00 Final Rule for Sleepwear 03/10/00 (65 FR 12924) Final Rule for Carpets and Rugs 03/10/00 (65 FR 12929) Final Rule for Mattresses 03/10/00 (65 FR 12935) Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: Margaret Neily, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, Washington, DC 20207 Phone: 301 504-0508 RIN: 3041-AB69 _______________________________________________________________________ 4004. REQUIREMENTS FOR BUNK BEDS Priority: Other Significant Legal Authority: 15 USC 2051 Consumer Product Safety Act; 15 USC 1261 Federal Hazardous Substances Act CFR Citation: 16 CFR 1213; 16 CFR 1500; 16 CFR 1513 Legal Deadline: None Abstract: On December 22, 1999, the Commission published a safety standard that contains performance requirements for bunk beds to reduce the hazard that children can be suffocated or strangled when they become entrapped in the beds' structure or become wedged between the upper bunk and a wall. The final rule contains requirements for the presence of guardrails, the height and extent of guardrails, and the height of, and the openings in, the beds' end structures to address entrapment hazards. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ ANPRM 01/22/98 63 FR 3280 ANPRM Comment Period End 04/07/98 Staff Sends Briefing Package to Commission 12/16/98 Commission Decision 02/03/99 NPRM 03/03/99 64 FR 10245 NPRM Comment Period End 05/17/99 Staff Sends Briefing Package to Commission 06/16/99 Request for Additional Comment 07/09/99 64 FR 37051 NPRM Comment Period End 09/22/99 Staff Sends Briefing Package to Commission 11/03/99 Commission Decision 12/02/99 Final Rule 12/22/99 64 FR 71888 Final Rule Effective 06/19/00 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: Pamela Major, Consumer Product Safety Commission, Office of Compliance, Washington, DC 20207 Phone: 301 504-0400 Email: pmajor@cpsc.gov RIN: 3041-AB75 _______________________________________________________________________ 4005. PETITION CP 99-1 REQUESTING A BAN OF, OR WARNINGS AND INSTRUCTIONS FOR, STEEL ELECTRICIANS' FISH TAPES 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: None Legal Deadline: None Abstract: A petition from John C. Stein requesting a ban of, or the requirement of warnings and instructions for, steel electricians' fish tapes. The petition asserts that steel electricians' fish tapes are associated with electrocution and injury resulting from the use of steel, which conducts electricity. On June 7, 1999, the Commission published a notice in the Federal Register to solicit comments on the petition from all interested persons. The staff sent a briefing package to the Commission on February 2, 2000. On February 14, 2000, The Commission voted to deny the petition and approved a letter of denial to the petitioner. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Petition Docketed 05/19/99 Notice 06/07/99 64 FR 30323 Comment Period End 08/07/99 Staff Sends Briefing Package to Commission 02/02/00 Commission Denied Petition 02/14/00 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: Mohammed Khan, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, Washington, DC 20207 Phone: 301 504-0508 RIN: 3041-AB83 [FR Doc. 00-5317 Filed 04-21-00; 8:45 am] BILLING CODE 6355-01-F