[November 22, 1999 (Volume 64, Number 224)]
[Unified Agenda]
From the Federal Register Online via GPO Access [frwais.access.gpo.gov]
[DOCID: f:ua22050.wais]
[Page 65347-65355]
Consumer Product Safety Commission
[[Page 65347]]
_______________________________________________________________________
Part L
_______________________________________________________________________
Semiannual Regulatory Agenda
[[Page 65348]]
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
December 31, 1999.
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.
For this edition of the Commission's regulatory agenda, the
most important significant regulatory actions are included in The
Regulatory Plan, which appears in part II of this issue of the
Federal Register. The Regulatory Plan entries are listed in the
table of contents below and are denoted by a bracketed bold
reference, which directs the reader to the appropriate sequence
number in part II.
Dated: September 1, 1999.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
Prerule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
4246 Amendment of the Standard for the Flammability of Clothing Textiles................ 3041-AB68
4247 Petition CP 97-1 Requesting Development of a Safety Standard for Escalators........ 3041-AB70
4248 Petition CP 99-1 Requesting a Ban of, or Warnings and Instructions for, Steel 3041-AB83
Electricians' Fish Tapes............................................................
4249 Petition CP 99-2 Requesting Safety Standard for Bleachers and Grandstands.......... 3041-AB84
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Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
4250 Flammability Standard for Upholstered Furniture (Reg Plan Seq No. 158)............. 3041-AB35
[[Page 65349]]
4251 Baby Walkers....................................................................... 3041-AB40
4252 Requirements for Child-Resistant Packaging of Household Products Containing 3041-AB57
Petroleum Distillates or Other Hydrocarbons.........................................
4253 Amendment of Safety Regulations for Cribs.......................................... 3041-AB67
4254 Dive Sticks........................................................................ 3041-AB82
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.
Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
4255 Requirements for Child-Resistance of Multi-Purpose Lighters (Reg Plan Seq No. 159). 3041-AB66
4256 Amendment of Laundering Procedures in Flammability Standards for Children's 3041-AB69
Sleepwear, Carpets and Rugs, and Mattress Pads......................................
4257 Requirements for Bunk Beds (Reg Plan Seq No. 160).................................. 3041-AB75
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.
Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
4258 Petition HP 93-1 Requesting Development of a Rule To Ban Certain Backyard Playsets. 3041-AB47
4259 Petition HP 99-1 for a Ban of Polyvinyl Chloride in Toys and Other Products 3041-AB79
Intended for Children 5 Years of Age and Under......................................
4260 Petition FP 99-1 Requesting Labeling Rule for Polyurethane Foam in Upholstered 3041-AB81
Furniture...........................................................................
----------------------------------------------------------------------------------------------------------------
Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
4261 Child Resistant Packaging of Consumer Products Containing Methacrylic Acid......... 3041-AB78
4262 Proposed Revocation of Amendments to the Standards for Flammability of Children's 3041-AB80
Sleepwear; Labeling for Tight-Fitting Sleepwear; Correction of Amendments to the
Children's Sleepwear Standard.......................................................
----------------------------------------------------------------------------------------------------------------
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Prerule Stage
_______________________________________________________________________
4246. 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
[[Page 65350]]
decide whether to begin a proceeding for amendment of the standard.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Staff Sends Briefing Package to
Commission 12/00/99
Commission Decision 01/00/00
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
_______________________________________________________________________
4247. 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 is conducting research to support possible improvements to the
escalator code to address side-wall entrapments. The staff 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 01/00/00
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
_______________________________________________________________________
4248. <bullet> 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 U.S.C. 553(e) Administrative Procedure Act; 15 USC
2051 Consumer Product Safety Act
CFR Citation: Not Yet Determined
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 will prepare a briefing
package for consideration by the Commission.
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 02/00/00
Regulatory Flexibility Analysis Required: Undetermined
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
_______________________________________________________________________
4249. <bullet> 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 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-AB84
[[Page 65351]]
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Proposed Rule Stage
_______________________________________________________________________
4250. FLAMMABILITY STANDARD FOR UPHOLSTERED FURNITURE
Regulatory Plan: This entry is Seq. No. 158 in Part II of this issue
of the Federal Register.
RIN: 3041-AB35
_______________________________________________________________________
4251. 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. The staff is currently assessing the
extent of industry conformance with that voluntary standard, designated
``Standard Consumer Safety Specification for Infant Walkers,'' SF 977-
96, 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 Began Monitoring
Conformance to Revised Voluntary
Standard 05/03/99
Staff Completes Monitoring
Conformance 12/00/99
Staff Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Agency Contact: Barbara Jacobson, Project Manager, Consumer Product
Safety Commission, Directorate for Health Sciences, Washington, DC
20207
Phone: 301 504-0477
RIN: 3041-AB40
_______________________________________________________________________
4252. 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. The Commission will consider comments
received in response to the ANPRM before deciding whether to propose
requirements for child-resistant packaging of additional household
products containing petroleum distillates or other hydrocarbons. The
staff sent a briefing package to the Commission on August 11, 1999.
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
Staff Sent Briefing Package to
Commission 08/11/99
Commission Decision 11/00/99
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
RIN: 3041-AB57
[[Page 65352]]
_______________________________________________________________________
4253. 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 03/00/00
Staff Begins Monitoring
Conformance to Revised Voluntary
Standard 06/00/00
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
RIN: 3041-AB67
_______________________________________________________________________
4254. <bullet> 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 01/00/00
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-AB82
[[Page 65353]]
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Final Rule Stage
_______________________________________________________________________
4255. REQUIREMENTS FOR CHILD-RESISTANCE OF MULTI-PURPOSE LIGHTERS
Regulatory Plan: This entry is Seq. No. 159 in Part II of this issue
of the Federal Register.
RIN: 3041-AB66
_______________________________________________________________________
4256. 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 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.
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 11/00/99
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-AB69
_______________________________________________________________________
4257. REQUIREMENTS FOR BUNK BEDS
Regulatory Plan: This entry is Seq. No. 160 in Part II of this issue
of the Federal Register.
RIN: 3041-AB75
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Long-Term Actions
_______________________________________________________________________
4258. 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 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
[[Page 65354]]
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: John D. Preston, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, Washington, DC
20207
Phone: 301 504-0494
RIN: 3041-AB47
_______________________________________________________________________
4259. 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 is establishing 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 is also
planning 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
_______________________________________________________________________
4260. 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 the Commission to 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
[[Page 65355]]
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Completed Actions
_______________________________________________________________________
4261. CHILD RESISTANT PACKAGING OF CONSUMER PRODUCTS CONTAINING
METHACRYLIC ACID
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 1471 Poison Prevention Packaging Act
CFR Citation: 16 CFR 1700.14
Legal Deadline: None
Abstract: Under section 2(b) of the Poison Prevention Packaging Act,
the Commission can require a special packaging standard for cosmetics
for home use. Methacrylic acid is a chemical used as a primer for
cleaning and etching fingernails prior to applying artificial nails.
Methacrylic acid is associated with severe corrosive injury on contact
with skin, eyes, and mucous membranes. The staff transmitted a briefing
package for the Commission's consideration in November 1998. The
Commission voted to publish a notice of proposed rulemaking (NPRM) in
December 1998. The Federal Register notice was published December 30,
1998. The staff sent the Federal Register notice and a letter
requesting comment to a list of approximately 150 concerned parties on
January 11, 1999. The Commission received five comments on the proposed
rule. The staff updated the injury data and forwarded a final rule
briefing package to the Commission on May 21, 1999. the Commission
voted to publish a final rule requiring child-resistant packaging for
household products containing more than 5 percent methacrylic acid,
effective June 19, 2000. The Federal Register notice was published on
June 18, 1999.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/30/98 63 FR 71800
NPRM Comment Period End 03/15/99
Staff Sends Option Package to
Commission 05/21/99
Final Rule 06/18/99 64 FR 32799
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Susan C. Aitkin, Project Manager, Consumer Product
Safety Commission, Directorate for Health Sciences, Washington, DC
20207
Phone: 301 504-0477
RIN: 3041-AB78
_______________________________________________________________________
4262. PROPOSED REVOCATION OF AMENDMENTS TO THE STANDARDS FOR
FLAMMABILITY OF CHILDREN'S SLEEPWEAR; LABELING FOR TIGHT-FITTING
SLEEPWEAR; CORRECTION OF AMENDMENTS TO THE CHILDREN'S SLEEPWEAR STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: PL 105-276
CFR Citation: 16 CFR 1615; 16 CFR 1616
Legal Deadline: NPRM, Statutory, January 19, 1999.
Final, Statutory, July 1, 1999, The Commission's Fiscal Year 1999
appropriations legislation required the Commission to propose to revoke
the sleepwear amendments and to either revoke, maintain, or modify
them.
Abstract: The Standards for the Flammability of Children's Sleepwear
(sizes 0 to 6x and sizes 7 to 14) were amended in September 1996 to
exclude from the definition of ``children's sleepwear'' (1) garments
sized nine months or smaller and (2) tight-fitting garments sized
larger than nine months. The garments, termed ``tight or snug-
fitting,'' must not exceed maximum dimensions specified for each
garment size. Several technical amendments were needed to clarify
provisions of the standards, especially how the specified dimensions
are to be measured on these garments. On January 19, 1999 the
Commission issued technical changes to clarify the points where garment
measurements should be made. However, pursuant to the 1999
appropriations bill, Public Law 105-276, on January 19, 1999 the
Commission proposed for comment a revocation of the September 9, 1996
amendments and all subsequent amendments. Based on all available
information, the Commission was required to take final action by July
1, 1999. On June 28, 1999 the Commission issued Federal Register
notices (1) withdrawing the proposed revocation, (2) issuing mandatory
labeling requirements for tight-fitting sleepwear, and (3) correcting
references in 16 CFR Part 1615.
Timetable:
________________________________________________________________________
Amendments - Proposed Revocation Proposed Revocation Issued 01/19/1999
(64 FR 2867) Comment Period End 03/22/1999 Briefing Package to
Commission 06/03/1999 Proposed Revocation Withdrawn 06/28/1999 (64 FR
34597)
Labeling of Tight-Fitting Sleepwear Final Rule 06/28/1999 (64 FR
34533) Effective Date 06/28/2000
References in Amendments - Correction Correction of References Issued
06/28/1999 (64 FR 34533)
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Additional Information: On September 8, 1999, the Commission published
a notice in the Federal Register (64 FR 48704) that corrected the
illustrations of the required labeling of tight-fitting sleepwear and
revised the font requirements to allow either Arial or Helvetica font.
Agency Contact: Margaret Neily, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, Washington, DC
20207
Phone: 301 504-0508
RIN: 3041-AB80
[FR Doc. 99-23652 Filed 11-19-99; 8:45 am]
BILLING CODE 6355-01-F