[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. <bullet> 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. <bullet> 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. <bullet> 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. <bullet> 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