<DOC>
[May 14, 2001 (Volume 66, Number 93)]
[Unified Agenda]
From the Federal Register Online via GPO Access [frwais.access.gpo.gov]
[DOCID: f:ua010449.wais]
[Page 26459-26470]
Consumer Product Safety Commission
[[Page 26459]]
Part XLIX
_______________________________________________________________________
Semiannual Regulatory Agenda
[[Page 26460]]
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, 2001
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. This agenda also includes
regulatory activities that have been completed by the Commission
prior to publication. It includes all such activities, whether or
not they may have a significant economic impact on a substantial
number of small entities.
The agenda contains a brief description and summary of each
regulatory activity, including the objectives and legal basis for
each; an approximate schedule of target dates, subject to revision,
for the development or completion of each activity, and the name
and telephone number of a knowledgeable agency official concerning
particular items on the agenda. All agency contacts have the same
address: Consumer Product Safety Commission, Washington, DC 20207.
Dated: February 22, 2001.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
Consumer Product Safety Commission--Prerule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
4068 Baby Walkers........................................................................ 3041-AB40
4069 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...............................................
4070 Petition FP 99-1 Requesting Labeling Rule for Polyurethane Foam in Upholstered 3041-AB81
Furniture...........................................................................
4071 Petition HP 00-3 Requesting a Ban of Candle Wicks Containing Lead and Candles With 3041-AB87
Such Wicks..........................................................................
4072 Petition HP 00-2 Requesting a Rule Declaring Natural Rubber Latex a Strong 3041-AB88
Sensitizer..........................................................................
4073 Petitions FP 00-1, FP 00-2, FP 00-3, and FP 00-4 Requesting Requirements for 3041-AB89
Flammability of Mattresses..........................................................
4074 Petition CP 00-1 Requesting Performance Requirements for Non-Wood Baseball Bats..... 3041-AB90
4075 Portable Bed Rails.................................................................. 3041-AB91
4076 Petition HP 00-4 Requesting a Rule Banning Baby Bath Seats.......................... 3041-AB93
4077 Petition HP 01-1 Requesting Development of Performance Standard for Bicycle 3041-AB94
Handlebars..........................................................................
4078 Petition HP 01-02 Requesting Exemption for Model Rocket Propellant Devices Used With 3041-AB95
Ground Vehicles.....................................................................
----------------------------------------------------------------------------------------------------------------
[[Page 26461]]
Consumer Product Safety Commission--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
4079 Flammability Standard for Upholstered Furniture..................................... 3041-AB35
4080 Amendment of Safety Regulations for Cribs........................................... 3041-AB67
4081 Requirement for Special Packaging of Oral Prescription Drugs That Are Granted Over- 3041-AB92
The-Counter Status by the Food and Drug Administration..............................
----------------------------------------------------------------------------------------------------------------
Consumer Product Safety Commission--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
4082 Requirements for Child-Resistant Packaging of Household Products Containing 3041-AB57
Petroleum Distillates or Other Hydrocarbons.........................................
----------------------------------------------------------------------------------------------------------------
Consumer Product Safety Commission--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
4083 Petition HP 93-1 Requesting Development of a Rule To Ban Certain Backyard Playsets.. 3041-AB47
4084 Amendment of the Standard for the Flammability of Clothing Textiles................. 3041-AB68
----------------------------------------------------------------------------------------------------------------
Consumer Product Safety Commission--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
4085 Dive Sticks......................................................................... 3041-AB82
4086 Petition CP 99-2 Requesting Safety Standard for Bleachers and Grandstands........... 3041-AB84
4087 Amendment of the Safety Standard for Automatic Residential Garage Door Operators.... 3041-AB86
----------------------------------------------------------------------------------------------------------------
_______________________________________________________________________
CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Prerule Stage
_______________________________________________________________________
4068. 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
published revisions to the voluntary standard for baby walkers in 1997
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 1999, baby walker injuries had dropped
to 8,800. 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
[[Page 26462]]
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 Completed Monitoring
Conformance to Revised Voluntary
Standard 05/31/00
Staff Completed Special Study of
Injury Data 09/29/00
Staff Sends Briefing Package to
Commission 09/00/01
Commission Decision 10/00/01
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: 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
_______________________________________________________________________
4069. 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 received.
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
First Meeting of CHAP 05/10/00
Second Meeting of CHAP 06/20/00
Third Meeting of CHAP 09/12/00
CHAP Sends Report to Commission 05/00/01
Staff Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: 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
Email: mwind@cpsc.gov
RIN: 3041-AB79
_______________________________________________________________________
4070. 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
________________________________________________________________________
Notice 04/06/99 64 FR 16711
Comment Period End 06/07/99
[[Page 26463]]
Staff Sends Briefing Package to
Commission 06/00/01
Commission Decision 08/00/01
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Dale R. Ray, Project Manager, Directorate for Economic
Analysis, Consumer Product Safety Commission, Washington, DC 20207
Phone: 301 504-0962
Email: dray@cpsc.gov
RIN: 3041-AB81
_______________________________________________________________________
4071. 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 petitions were received from Public Citizen and
jointly from the National Apartment Association and the National Multi-
Housing Council to ban candle wicks that contain lead and to ban
candles with such wicks. The petitioners claimed that burning candles
with such wicks produces hazardous combustion products containing lead.
On April 2, 2000, the Commission published a notice in the Federal
Register to solicit comments on the petition from all interested
parties. The comment period closed June 12, 2000. Over 140 comments
were received. The staff sent a briefing package to the Commission on
December 15, 2001, recommending that the Commission publish an advance
notice of proposed rulemaking (ANPR) to ban metal-corted wicks
containing more than 0.06% lead by weight. The staff briefed the
Commission on January 30, 2001. On February 13, 2001 the Commission
granted the petitions and voted to issue an ANPR.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 03/17/00
Notice 04/12/00 65 FR 19742
Comment Period End 06/12/00
Commission Voted to Issue ANPR 02/13/01
ANPRM 02/20/01 66 FR 10863
ANPRM Comment Period End 04/23/01
Staff Sends Briefing Package to
Commission 07/00/01
Commission Decision 08/00/01
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Kristina Hatlelid, Project Manager, Consumer Product
Safety Commission, Directorate for Health Sciences, Washington, DC
20207
Phone: 301 504-0994
Email: khatlelid@cpsc.gov
RIN: 3041-AB87
_______________________________________________________________________
4072. 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. On May
24, 2000, at the request of several persons, the Commission published a
notice extending the original due date for comments of May 22, 2000 for
30 days to June 21, 2000. Eighty-four comments were received. 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
Comment Period Extended 05/24/00 65 FR 33525
Comment Period End 06/21/00
Staff Sends Briefing Package to
Commission 09/00/01
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Suzanne Barone Ph.D., Project Manager, Consumer Product
Safety Commission, Directorate for Health Sciences, Washington, DC
20207
Phone: 301 504-0477
Email: sbarone@cpsc.gov
RIN: 3041-AB88
_______________________________________________________________________
4073. PETITIONS FP 00-1, FP 00-2, FP 00-3, AND FP 00-4 REQUESTING
REQUIREMENTS FOR FLAMMABILITY OF MATTRESSES
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: The Commission has received correspondence from Whitney A.
Davis, Director of the Children's Coalition for Fire-Safe Mattresses,
requesting that the Commission take various actions concerning mattress
flammability. The Commission has docketed as petitions his requests for
rules requiring: (1) an open-flame standard similar to the full-scale
test set forth in California Technical Bulletin 129; (2) an open flame
standard similar to the component test set forth in British Standard
5852; (3) a warning label for flammable mattresses; and (4) a permanent
mattress identification tag attached to the inner spring of the
[[Page 26464]]
mattress. The petitioner focuses primarily on the role polyurethane
foam plays in mattress fires. He notes that the Commission's existing
mattress flammability standard only addresses cigarette ignition; yet
childplay with open-flame sources causes nearly two-thirds of mattress
fires. He argues that with polyurethane foam mattresses, fires have
become increasingly more deadly than with cotton-batting mattresses due
to increased smoke generation, heat production and flame spread. With
regard to labels, he notes that polyurethane foam manufacturers provide
warnings to mattress manufacturers, but these warnings are not passed
on to the consumer. With regard to an identification tag, the
petitioner argues that such a tag would help to identify mattresses
involved in fires because often only the inner spring unit remains
after a mattress fire. The Commission has docketed these petitions
under provisions of the Flammable Fabrics Act. The staff will prepare a
briefing package for the Commission to consider.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petitions Docketed 05/22/00
Notice 06/12/00 65 FR 36890
Comment Period End 08/11/00
Staff Sends Briefing Package to
Commission 05/00/01
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Margaret L. Neily, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, Washington, DC
20207
Phone: 301 504-0508
Email: mneily@cpsc.gov
RIN: 3041-AB89
_______________________________________________________________________
4074. PETITION CP 00-1 REQUESTING PERFORMANCE REQUIREMENTS FOR NON-WOOD
BASEBALL BATS
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 553(e), Administrative Prodcedure Act; 15 USC
2051, Consumer Product Safety Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Commission has received correspondence from J.W. MacKay,
Jr. requesting that the Commission issue a rule requiring that all non-
wood baseball bats perform like wood bats. He states that such bats
have a faster bat swing speed, a larger ``sweet spot,'' and lower
balance point than wood bats. These high performance bats, he asserts,
allow the ball to achieve a faster exit velocity so that the pitcher
does not have time to react if a ball is batted at him. The petitioner
asserts that non-wood bats (primarily made of aluminum and composite
materials) have become increasingly dangerous. For these reasons, the
petitioner argues, such non-wood bats present an unreasonable risk of
injury. The Commission docketed his request as a petition under the
Consumer Product Safety Act and published a notice in the Federal
Register on June 15, 2000 to solicit comments on the petition from
interested persons. The staff will prepare a briefing package for the
Commission to consider.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 05/24/00
Notice 06/15/00 65 FR 37525
Comment Period End 08/14/00
Staff Sends Briefing Package to
Commission 05/00/01
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Erlinda M. Edwards, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, Washington, DC
20207
Phone: 301 504-0504
Email: eedwards@cpsc.gov
RIN: 3041-AB90
_______________________________________________________________________
4075. PORTABLE BED RAILS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 15 USC 1261, Federal Hazardous Substances Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Commission is considering whether certain portable bed
rails present an unreasonable risk of injury that should be regulated.
A portable bed rail is a device intended to be installed on an adult
bed to prevent a child from falling out of the bed. Such bed rails may
be constructed in a manner that children can become entrapped between
the portable bed rail and the bed. This entrapment can result in
serious injury or death.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Staff Sends Briefing Package to
Commission 06/28/00
Commission Decision 09/21/00
ANPRM 10/03/00 65 FR 58968
ANPRM Comment Period End 12/04/00
Staff Sends Briefing Package to
Commission 08/00/01
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Patricia L. Hackett, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, Washington, DC
20207
Phone: 301 504-0494
Email: phackett@cpsc.gov
RIN: 3041-AB91
_______________________________________________________________________
4076. PETITION HP 00-4 REQUESTING A RULE BANNING BABY BATH SEATS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
1261, Federal Hazardous Substances Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: A petition from the Consumer Federation of America and other
consumer groups, docketed on August 4, 2000, requests that the
Commission ban baby bath seats and bath rings. These are consumer
products used to hold an infant in a bathtub while the child is being
bathed. The petitioners assert that bath seats pose an unreasonable
risk of injury,
[[Page 26465]]
primarily because they create a false sense of security that the child
is safe in the bathtub. They assert that 66 incidents of drowning and
37 reports of near drowning involving baby bath seats have been
identified. On August 22, 2000, the Commission published a notice in
the Federal Register to solicit comments on the petition from all
interested persons.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 08/04/00
Notice 08/22/00 65 FR 50968
Comment Period End 10/23/00
Staff Sends Briefing Package to
Commission 03/30/01
Commission Decision 05/00/01
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Jacqueline Elder, Project Manager, Consumer Product
Safety Commission, Office of Hazard Identification and Reduction,
Washington, DC 20207
Phone: 301 504-0554
Email: jelder@cpsc.gov
RIN: 3041-AB93
_______________________________________________________________________
4077. <bullet> PETITION HP 01-1 REQUESTING DEVELOPMENT OF PERFORMANCE
STANDARD FOR BICYCLE HANDLEBARS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
1261, Federal Hazardous Substances Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: A petition from Flaura Kopkin Winston, MD. Ph.D., Director,
The Interdisciplinary Pediatric Injury Control Research Center,
Children's Hospital of Philadelphia, requests that the Commission
develop a performance standard for bicycle handlebars regarding energy
dissipation and distribution during impact. The request was docketed as
a petition on January 23, 2001. A notice requesting comment on the
petition was published in the Federal Register on February 14, 2001.
The initial comment period closed on April 16, 2001. The comment period
has been extended to May 16, 2001.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 01/23/01
Notice 02/14/01 66 FR 10273
Comment Period End 04/16/01
Notice 04/16/01 66 FR 19429
Comment Period End 05/16/01
Staff Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Federalism: 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-AB94
_______________________________________________________________________
4078. <bullet> PETITION HP 01-02 REQUESTING EXEMPTION FOR MODEL ROCKET
PROPELLANT DEVICES USED WITH GROUND VEHICLES
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 5 USC 553(e) Administrative Procedure Act; 15 USC
1261, Federal Hazardous Substances Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: A petition from Centuri Corporation requests that the
Commission issue a rule exempting certain model rocket propellant
devices to be used for model rocket ground vehicles. The petitioner
requests that the Commission extend the existing exemption for motors
used for flying model rockets to motors used for certain model rocket
cars that travel on a tethered line along the ground. The request was
docketed as a petition on February 14, 2001. A notice requesting
comment on the petition was published in the Federal Register on March
8, 2001. The comment period closes on May 7, 2001.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 02/14/01
Notice 03/08/01 66 FR 13914
Comment Period End 05/07/01
Staff Sends Briefing Package to
Commission 10/00/01
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Terrance R. Karels, Project Manager, Consumer Product
Safety Commission, Directorate for Economic Analysis, Washington, DC
20207
Phone: 301 504-0962
Email: tkarels@cpsc.gov
RIN: 3041-AB95
_______________________________________________________________________
CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Proposed Rule Stage
_______________________________________________________________________
4079. 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
[[Page 26466]]
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 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 an independent study of potential health hazards associated with
the use of flame retardant chemicals that might be used in upholstered
furniture fabrics to meet a CPSC standard. The draft NAS report was
completed and forwarded to Congress in April 2000; the final NAS report
was published in July 2000. The report concluded that of 16 flame-
retardant chemicals reviewed, 8 could be used in upholstered furniture
fabrics without presenting health hazards to consumers. Additional
exposure studies were recommended for the remaining eight chemicals.
The report indicates that a number of suitable flame-retardant
treatments are available; these include treatments already in use in
various textile products, including upholstered furniture sold in the
United Kingdom to meet existing U.K. flammability regulations.
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 is assessing
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 Toxic Substances
Control Act Authority. Upon completion of its chemical risk assessment
and other technical activities, the CPSC staff will present
alternatives for future action by the Commission.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 06/15/94 59 FR 30735
ANPRM Comment Period End 08/15/94
Staff Briefing of Commission on
NPRM 12/18/97
Commission Voted To Defer Action
Pending Results of Toxicity
Hearing 03/02/98
Commission Hearing May 5 & 6,
1998 on Possible Toxicity of
Flame Retardant Chemicals 03/17/98 63 FR 13017
NAS Study Completed (Required by
Congress) 07/10/00
Staff Sends Briefing Package to
Commission 06/00/01
Commission Decision 08/00/01
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Dale R. Ray, Project Manager, Directorate for Economic
Analysis, Consumer Product Safety Commission, Washington, DC 20207
Phone: 301 504-0962
Email: dray@cpsc.gov
RIN: 3041-AB35
_______________________________________________________________________
4080. 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
Staff Begins Monitoring
Conformance to Revised Voluntary
Standard 04/00/01
Staff Completes Monitoring
Conformance To Be Determined
Staff Sends Briefing Package to
Commission To Be Determined
[[Page 26467]]
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Patricia Hackett, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, Washington, DC
20207
Phone: 301 504-0494
Email: phackett@cpsc.gov
RIN: 3041-AB67
_______________________________________________________________________
4081. REQUIREMENT FOR SPECIAL PACKAGING OF ORAL PRESCRIPTION DRUGS THAT
ARE GRANTED OVER-THE-COUNTER STATUS BY THE FOOD AND DRUG ADMINISTRATION
Priority: Other Significant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 1471, Poison Prevention Packaging Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On June 23, 2000, the Commission directed the CPSC staff to
draft a notice of proposed rulemaking to require that the child-
resistant packaging requirements for oral prescription drugs continue
when the active chemicals are granted over-the-counter (OTC) status by
the Food and Drug Administration (FDA). The current regulations under
the Poison Prevention Packaging Act (PPPA) require child-resistant
packaging of most oral prescription drugs. However, when the FDA allows
an oral prescription drug to be sold OTC, child-resistant packaging of
that drug is no longer required. When the Commission finds that a
particular switched OTC drug requires child-resistant packaging because
it may cause serious injury or serious illness, it must issue an
individual rule, which may not take effect for several years after the
switch.
On August 30, 2000, the Commission issued a proposed rule that would
automatically require drugs that have been switched after the effective
date of the rule to be in child-resistant packaging. Under the proposed
rule, drugs switched by FDA from prescription to OTC before the
effective date of the rule would not automatically have to be in child-
resistant packaging. This proposed rule provides that those companies
that believe their drug product does not need to be in child-resistant
packaging can provide information to the Commission, as they do
currently under the PPPA oral prescription drug rule, to demonstrate
either: (1) that the drug product will not injure children if it is
marketed in non-child-resistant packaging, or (2) that child-resistant
packaging is not technically feasible, practicable, or appropriate for
the oral drug when marketed as an OTC product. If the Commission
agrees, it will by rule exempt the drug product from the PPPA
requirements. The Federal Register notice also proposes to revoke 16
CFR 1702.16(b) to allow petitions for exemptions from child-resistant
packaging requirements to be submitted and considered by the Commission
before the new drug applications (NDA) are approved by the FDA. This
would decrease the potential financial and regulatory burdens to the
drug company associated with a post-marketing package change.
The notice issued by the Commission includes proposed findings that
child-resistant packaging for these products is technically feasible,
practicable, and appropriate, as well as necessary to protect children
from serious personal injury and illness resulting from handling,
using, or ingesting the drug products. It is anticipated that this
proposed rule would not create a financial burden on small companies.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Staff Briefing of Commission on
Whether to Issue an NPRM 06/07/00
Commission Decision to Prepare a
Draft NPRM 06/23/00
NPRM 08/30/00 65 FR 52678
NPRM Comment Period End 11/13/00
Staff Sends Briefing Package to
Commission 06/00/01
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Suzanne Barone Ph.D., Project Manager, Consumer Product
Safety Commission, Directorate for Health Sciences, Washington, DC
20207
Phone: 301 504-0477
Email: sbarone@cpsc.gov
RIN: 3041-AB92
_______________________________________________________________________
CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Final Rule Stage
_______________________________________________________________________
4082. 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 10 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 or other hydrocarbons 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 that may result in mandatory requirements for child-
resistant packaging of household products containing petroleum
distillates or other hydrocarbons. Following consideration of the
comments, the Commission
[[Page 26468]]
proposed 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. Seven
comments were received. The Commission also requested that additional
information about cosmetics that contain mineral oil be obtained. The
staff purchased additional information on mineral oil-based cosmetic
poisonings from the American Association of Poison Control Centers. The
public comment period on the staff analysis of this data closes on May
11, 2001.
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 Purchased Additional
Poisoning Data on Cosmetics 04/04/00
Notice 04/11/01 66 FR 18738
Comment Period End 05/11/01
Staff Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Suzanne Barone Ph.D., Project Manager, Consumer Product
Safety Commission, Directorate for Health Sciences, Washington, DC
20207
Phone: 301 504-0477
Email: sbarone@cpsc.gov
RIN: 3041-AB57
_______________________________________________________________________
CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Long-Term Actions
_______________________________________________________________________
4083. 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, conformance to the voluntary
standard, and injury data. 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 Completed Monitoring
Conformance 08/31/00
Staff Completed Injury Study 02/28/01
Staff Sends Additional
Information to Commission To Be Determined
Commission Decision To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Scott Heh, Project Manager, Consumer Product Safety
Commission, Directorate for Engineering Sciences, Washington, DC 20207
Phone: 301 504-0494
Email: sheh@cpsc.gov
RIN: 3041-AB47
_______________________________________________________________________
4084. 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
[[Page 26469]]
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 To Be Determined
Commission Decision To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Margaret L. Neily, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, Washington, DC
20207
Phone: 301 504-0508
Email: mneily@cpsc.gov
RIN: 3041-AB68
_______________________________________________________________________
CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Completed Actions
_______________________________________________________________________
4085. 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 19, 2000, the Commission published a notice of
proposed rulemaking (NPRM) 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 activities,
such as retrieval games and swimming instruction. 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. The proposed rule
would ban dive sticks that: (1) are rigid, (2) submerge to the bottom
of a pool of water, and (3) stand upright in the water. 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.
Dive sticks that do not have these characteristics, as well as dive
rings and dive discs, would be exempt from this rule.
The Commission considered written comments received in response to the
NPRM and voted on February 26, 2001 to issue a final rule.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 07/16/99 64 FR 38387
ANPRM Comment Period End 09/14/99
NPRM 07/19/00 65 FR 44703
NPRM Comment Period End 10/02/00
Staff Sends Briefing Package to
Commission 02/16/01
Commission Decision 02/26/01
Final Rule 03/07/01 66 FR 13646
Final Rule Effective 04/06/01
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Scott Heh, Project Manager, Consumer Product Safety
Commission, Directorate for Engineering Sciences, Washington, DC 20207
Phone: 301 504-0494
Email: sheh@cpsc.gov
RIN: 3041-AB82
_______________________________________________________________________
4086. PETITION CP 99-2 REQUESTING SAFETY STANDARD FOR BLEACHERS AND
GRANDSTANDS
Priority: Substantive, Nonsignificant
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 U.S. Representatives Bill Luther and Jim
Ramstad requested that the Commission develop a national safety
standard for bleachers and grandstands. The petitioners requested that
the standard include minimum spacing requirements for gaps between
bleacher guardrails and between seats and footboards, side and back
safety features, and guidelines for retrofitting older facilities. The
request was docketed as a petition on August 10, 1999, and a notice
soliciting comments on the petition was published in the Federal
Register on August 26, 1999. CPSC staff sent a briefing package to the
Commission for consideration on October 16, 2000. On October 26, 2000,
the Commission voted to deny the petition and to issue guidelines for
retrofitting bleachers.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 08/10/99
Notice 08/26/99 64 FR 46657
Comment Period End 10/25/99
Staff Sent Briefing Package to
Commission 10/16/00
Commission Denied Petition and
Voted to Issue Guidelines 10/26/00
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Janet L. Buyer, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences
Phone: 301 504-0508
Email: jbuyer@cpsc.gov
RIN: 3041-AB84
[[Page 26470]]
_______________________________________________________________________
4087. 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 provisions 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 Commission determined that the entrapment related revisions do
carry out the purposes of Public Law 101-68. The purpose of this
regulatory action is to update the product safety rule to include these
new requirements made by UL.
On May 15, 2000, the Commission forwarded a draft proposed rule that
would amend the garage door operator rule. The proposed rule was
published on June 14, 2000. After reviewing comments received on the
proposal, the staff provided a briefing package to the Commission on
October 31, 2000 for its consideration. On November 11, 2000, the
Commission voted to issue a final rule.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Staff Sends NPRM Briefing
Package to Commission 05/15/00
Commission Decision 05/26/00
NPRM 06/14/00 65 FR 37318
NPRM Comment Period End 08/28/00
Final Rule 11/27/00 65 FR 70656
Final Rule Effective 12/27/00
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
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
[FR Doc. 01-5203 Filed 05-11-01; 8:45 am]
BILLING CODE 6355-01-S