<DOC>
[November 30, 2000 (Volume 65, Number 231)]
[Unified Agenda]
From the Federal Register Online via GPO Access [frwais.access.gpo.gov]
[DOCID: f:ua001049.wais]

[Page 74830-74839]
 
Consumer Product Safety Commission




Part XLIX








_______________________________________________________________________



Semiannual Regulatory Agenda

[[Page 74830]]

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, 2000.

ADDRESSES:  Comments on the regulatory flexibility agenda should be 
mailed to the Office of the Secretary, Consumer Product Safety 
Commission, Washington, DC 20207; telephone (301) 504-0800, or 
delivered to the Office of the Secretary, Room 502, 4330 East-West 
Highway, Bethesda, Maryland 20814. Comments should be captioned 
``Regulatory Flexibility Agenda.'' Comments may also be filed by 
telefacsimile to (301) 504-0127, or by e-mail to cpsc-os@cpsc.gov.

FOR FURTHER INFORMATION CONTACT:  For further information on the agenda 
in general, contact Stephen Lemberg, Office of the General Counsel, 
Consumer Product Safety Commission, Washington, DC 20207, telephone 
(301) 504-0980, ext. 2218. For further information regarding a 
particular item on the agenda, consult the individual listed in the 
column headed ``Contact'' for that particular item.

SUPPLEMENTARY INFORMATION:  The Regulatory Flexibility Act (RFA) (5 
U.S.C. 601-612) contains several provisions intended to reduce 
unnecessary and disproportionate regulatory requirements on small 
businesses, small governmental organizations, and other small entities. 
Section 602 of the RFA (5 U.S.C. 602) requires each agency to publish 
twice each year a regulatory flexibility agenda containing a brief 
description of the subject area of any rule expected to be proposed or 
promulgated that is likely to have a ``significant economic impact'' on 
a ``substantial number'' of small entities. The agency must also 
provide a summary of the nature of the rule, and a schedule for acting 
on each rule for which the agency has issued a notice of proposed 
rulemaking.

     The regulatory flexibility agenda is also required to contain 
the name and address of the agency official knowledgeable about the 
items listed. Further, agencies are required to provide notice of 
their agendas to small entities and to solicit their comments by 
direct notification, or by inclusion in publications likely to be 
obtained by such entities.

     Additionally, Executive Order 12866 requires each agency to 
publish twice each year a regulatory agenda of regulations under 
development or review during the next year, and states that such an 
agenda may be combined with the agenda published in accordance with 
the RFA. The regulatory flexibility agenda published below lists 
the regulatory activities expected to be under development or 
review during the next 12 months. It includes all such activities, 
whether or not they may have a significant economic impact on a 
substantial number of small entities.

     The agenda contains a brief description and summary of each 
regulatory activity, including the objectives and legal basis for 
each; an approximate schedule of target dates, subject to revision, 
for the development or completion of each activity, and the name 
and telephone number of a knowledgeable agency official concerning 
particular items on the agenda. All agency contacts have the same 
address: Consumer Product Safety Commission, Washington, DC 20207.

     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:  August 31, 2000.

 Sadye E. Dunn,

Secretary, Consumer Product Safety Commission.

                                Consumer Product Safety Commission--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4419         Baby Walkers.......................................................................     3041-AB40
4420         Amendment of the Standard for the Flammability of Clothing Textiles................     3041-AB68
4421         Petition CP 99-2 Requesting Safety Standard for Bleachers and Grandstands..........     3041-AB84
4422         Petition HP 00-3 Requesting a Ban of Candle Wicks Containing Lead and Candles With      3041-AB87
            Such Wicks..........................................................................
4423         Petition HP 00-2 Requesting a Rule Declaring Natural Rubber Latex a Strong              3041-AB88
            Sensitizer..........................................................................
4424         Petitions FP 00-1, FP 00-2, FP 00-3, and FP 00-4 Requesting Requirements for            3041-AB89
            Flammability of Mattresses..........................................................
4425         Petition HP 00-4 Requesting a Rule Banning Baby Bath Seats.........................     3041-AB93
----------------------------------------------------------------------------------------------------------------



[[Page 74831]]

                             Consumer Product Safety Commission--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4426         Flammability Standard for Upholstered Furniture (Reg Plan Seq No. 168).............     3041-AB35
4427         Dive Sticks........................................................................     3041-AB82
4428         Amendment of the Safety Standard for Automatic Residential Garage Door Operators...     3041-AB86
4429         Portable Bed Rails.................................................................     3041-AB91
4430         Requirement for Special Packaging of Oral Prescription Drugs That are Granted Over-     3041-AB92
            The-Counter Status by the Food and Drug Administration (Reg Plan Seq No. 169).......
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.


                              Consumer Product Safety Commission--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4431         Petition HP 93-1 Requesting Development of a Rule To Ban Certain Backyard Playsets.     3041-AB47
4432         Requirements for Child-Resistant Packaging of Household Products Containing             3041-AB57
            Petroleum Distillates or Other Hydrocarbons.........................................
4433         Amendment of Safety Regulations for Cribs..........................................     3041-AB67
4434         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......................................
4435         Petition FP 99-1 Requesting Labeling Rule for Polyurethane Foam in Upholstered          3041-AB81
            Furniture...........................................................................
4436         Petition CP 00-1 Requesting Performance Requirements for Non-Wood Baseball Bats....     3041-AB90
----------------------------------------------------------------------------------------------------------------


                              Consumer Product Safety Commission--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4437         Petition CP 97-1 Requesting Development of a Safety Standard for Escalators........     3041-AB70
4438         Petition HP 00-1 Requesting Development of a Child-Resistance Standard for Buckles      3041-AB85
            Used on Child-Restraint Systems.....................................................
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________
Consumer Product Safety Commission (CPSC)                 Prerule Stage
  
_______________________________________________________________________

4419. BABY WALKERS

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 15 USC 1261, Federal Hazardous Substances Act; 15 USC 
1262, Federal Hazardous Substances Act

CFR Citation: 16 CFR 1500

Legal Deadline: None

Abstract: On August 2, 1994, the Commission published an advance notice 
of proposed rulemaking (ANPRM) to begin a proceeding that may result in 
the issuance of mandatory design or performance requirements for baby 
walkers. A baby walker is a device that supports a child so that the 
child can use his or her feet to move about before or while learning to 
walk. Typically, a baby walker consists of a fabric seat that has leg 
openings and is mounted to a rigid plastic deck. The deck is attached 
to a base that is mounted on wheels to allow mobility. In 1994, an 
estimated 25,500 children younger than 15 months of age were treated in 
hospital emergency rooms for injuries associated with baby walkers. The 
majority of these injuries resulted from falls down stairs. Among the 
options under consideration by the Commission are mandatory performance 
or design requirements to reduce risks of injury associated with baby 
walkers, particularly those resulting to children from falls down 
stairs.
In response to the Commission's work in this area, the industry 
approved revisions to the voluntary standard for baby walkers in 1996 
to address the hazard of falling down stairs. The American Society for 
Testing and Materials (ASTM) standard contains performance requirements 
to address risks of injury to children from falls down stairs 
associated with baby walkers. In 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 74832]]

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                    59 FR 39309
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                      11/00/00
Commission Decision             11/00/00

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
_______________________________________________________________________

4420. AMENDMENT OF THE STANDARD FOR THE FLAMMABILITY OF CLOTHING 
TEXTILES

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 15 USC 1191, Flammable Fabrics Act

CFR Citation: 16 CFR 1610

Legal Deadline: None

Abstract: The Standard for the Flammability of Clothing Textiles 
prohibits the manufacture, importation, or sale of clothing, and 
fabrics and related materials intended for use in clothing, which are 
dangerously flammable because of rapid and intense burning. The 
standard prescribes the apparatus, procedure, and criteria to be used 
for testing to determine compliance with that standard. The standard 
was made mandatory by the Flammable Fabrics Act of 1953 (Pub. L. 83-88, 
67 Stat. 111; June 30, 1953). Some of the equipment and procedures 
specified by the standard, particularly those for laundering and 
cleaning of test specimens, have become obsolete, unavailable, or 
unrepresentative of current practices. The staff is preparing a 
briefing package describing modifications of the standard that may be 
needed to assure that the test in the standard is conducted with 
equipment and procedures representative of conditions to which garments 
currently are exposed. After consideration of the briefing package, the 
Commission will decide whether to begin a proceeding for amendment of 
the standard.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Staff Sends Briefing Package to 
Commission                      11/00/00
Commission Decision             12/00/00

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
_______________________________________________________________________

4421. 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 U.S. Representatives Bill Luther and Jim 
Ramstad requests that the Commission develop a national safety standard 
for bleachers and grandstands. The petitioners request 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 is preparing a briefing package for the 
Commission to consider. The staff has developed draft retrofit 
guidelines. The draft guidelines were released on July 14, 2000 for 
public comment, with the request that comments be sent to CPSC staff by 
August 14, 2000.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               08/10/99
Notice                          08/26/99                    64 FR 46657
Comment Period End              10/25/99                    64 FR 46657
Staff Sends Briefing Package to 
Commission                      10/00/00
Commission Decision             10/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

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
_______________________________________________________________________

4422. PETITION HP 00-3 REQUESTING A BAN OF CANDLE WICKS CONTAINING LEAD 
AND CANDLES WITH SUCH WICKS

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC 
1261, Federal Hazardous Substances Act

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: Separate requests from Public Citizen and jointly from the 
National Apartment Association and the National Multi-Housing Council 
are being considered as a petition to ban candle wicks that contain 
lead and to ban candles with such wicks. The

[[Page 74833]]

petitioners claim 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 
is preparing a briefing package for consideration by the Commission.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               03/17/00
Notice                          04/12/00                    65 FR 19742
Comment Period End              06/12/00
Staff Sends Briefing Package to 
Commission                      12/00/00

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
_______________________________________________________________________

4423. 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                      12/00/00

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
_______________________________________________________________________

4424. <bullet> 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 is docketing 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 
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 is docketing 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

________________________________________________________________________

Petition Docketed               05/22/00
Notice                          06/12/00                    65 FR 36890
Comment Period End              08/11/00
Staff Sends Briefing Package to 
Commission                      12/00/00

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

[[Page 74834]]

_______________________________________________________________________

4425. <bullet> 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, 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                       To Be                       Determined
Commission Decision              To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Celestine T. Kiss, Project Manager, Consumer Product 
Safety Commission, Directorate for Engineering Sciences
Phone: 301 504-0468
Email: ckiss@cpsc.gov

RIN: 3041-AB93
_______________________________________________________________________
Consumer Product Safety Commission (CPSC)           Proposed Rule Stage
  
_______________________________________________________________________

4426. FLAMMABILITY STANDARD FOR UPHOLSTERED FURNITURE

 Regulatory Plan: This entry is Seq. No. 168 in Part II of this issue 
of the Federal Register.

RIN: 3041-AB35
_______________________________________________________________________

4427. 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 will consider written comments received in response to 
the NPRM before deciding whether to continue the proceeding by 
publication of a final rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           07/16/99                    64 FR 38387
ANPRM Comment Period End        09/14/99                    64 FR 38387
NPRM                            07/19/00                    65 FR 44703
NPRM Comment Period End         10/02/00
Staff Sends Briefing Package to 
Commission                      02/00/01

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
_______________________________________________________________________

4428. 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

[[Page 74835]]

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 
September 29, 2000 for its consideration.

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
Staff Sends Briefing Package to 
Commission                      10/00/00
Final Rule                      10/00/00

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: John Murphy, Project Manager, Consumer Product Safety 
Commission, Directorate for Engineering Sciences, Washington, DC 20207
Phone: 301 504-0494
Email: jmurphy@cpsc.gov

RIN: 3041-AB86
_______________________________________________________________________

4429. <bullet> 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                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Patricia L. Hackett, Project Manager, Consumer Product 
Safety Commission, Directorate for Engineering Sciences, Washington, DC 
20207
Phone: 301 504-0494
Email: phackett@cpsc.gov

RIN: 3041-AB91
_______________________________________________________________________

4430. <bullet> REQUIREMENT FOR SPECIAL PACKAGING OF ORAL PRESCRIPTION 
DRUGS THAT ARE GRANTED OVER-THE-COUNTER STATUS BY THE FOOD AND DRUG 
ADMINISTRATION

 Regulatory Plan: This entry is Seq. No. 169 in Part II of this issue 
of the Federal Register.

RIN: 3041-AB92
_______________________________________________________________________
Consumer Product Safety Commission (CPSC)             Long-Term Actions
  
_______________________________________________________________________

4431. 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

[[Page 74836]]

Revisions to Voluntary Standard 
Completed                       07/10/98
Staff Began Monitoring 
Conformance to Voluntary 
Standard                        08/10/99
Staff Completes Monitoring 
Conformance                     08/31/00
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
_______________________________________________________________________

4432. 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 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 staff is analyzing the comments and data. A 
briefing package is expected to go to the Commission early next fiscal 
year.

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
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
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
_______________________________________________________________________

4433. 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 Completes Monitoring 
Conformance                      To Be                       Determined

[[Page 74837]]

Staff Sends Briefing Package to 
Commission                       To Be                       Determined
Staff Begins Monitoring 
Conformance to Revised Voluntary 
Standard                         To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Deborah Tinsworth, Project Manager, Consumer Product 
Safety Commission, Directorate for Epidemiology, Washington, DC 20207
Phone: 301 504-0470
Email: dtinsworth@cpsc.gov

RIN: 3041-AB67
_______________________________________________________________________

4434. PETITION HP 99-1 FOR A BAN OF POLYVINYL CHLORIDE IN TOYS AND OTHER 
PRODUCTS INTENDED FOR CHILDREN 5 YEARS OF AGE AND UNDER

Priority: Other Significant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 15 USC 1261 to 1278, Federal Hazardous Substances Act

CFR Citation: 16 CFR 1500

Legal Deadline: None

Abstract: The National Environmental Trust and 11 other organizations 
petitioned the Commission to ban polyvinyl chloride (PVC) in toys and 
other articles intended for the use of children 5 years and under, 
based upon concerns they have about the potential for health risks from 
phthalates (especially diisononyl phthalate (DINP)), lead, and cadmium 
that can be in PVC. A Federal Register notice was issued on December 
22, 1998, requesting comment on the petition. Comments were due on 
February 22, 1999.
The Commission has established a Chronic Hazard Advisory Panel (CHAP) 
of independent scientists to study issues related to the chronic 
toxicity and risk, including the risk of cancer, associated with 
exposure to (DINP) in children's PVC products. The Commission has begun 
an extensive exposure study to obtain a broader range of data from 
which to better define the amount of time children mouth products that 
could contain phthalates. Following completion of this work, the staff 
will send a briefing package to the Commission recommending that the 
Commission grant, deny, or defer the petition.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice Advising of Receipt of 
Petition                        12/22/98                    63 FR 70756
Initiated Formation of CHAP     02/16/99
Comment Period End              02/22/99
Awarded Contract for Child 
Observation Study               09/30/99
First Meeting of CHAP           05/10/00
Second Meeting of CHAP          06/20/00
Third Meeting of CHAP           09/12/00
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
_______________________________________________________________________

4435. 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
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

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

[[Page 74838]]

_______________________________________________________________________

4436. <bullet> PETITION CP 00-1 REQUESTING PERFORMANCE REQUIREMENTS FOR 
NON-WOOD BASEBALL BATS

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

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                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Mohammed Khan, Project Manager, Consumer Product Safety 
Commission, Directorate for Engineering Sciences, Washington, DC 20207
Phone: 301 504-0508
Email: mkhan@cpsc.gov

RIN: 3041-AB90
_______________________________________________________________________
Consumer Product Safety Commission (CPSC)             Completed Actions
  
_______________________________________________________________________

4437. PETITION CP 97-1 REQUESTING DEVELOPMENT OF A SAFETY STANDARD FOR 
ESCALATORS

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 Scott and Diana Anderson requests development 
of a safety standard for escalators. The petition asserts that 
escalators are associated with unreasonable risks of serious injuries 
resulting from entrapment of feet, toes, and other body parts in 
openings between the moving stairs and the sides of the escalators. On 
May 22, 1997, the Commission published a notice in the Federal Register 
to solicit comments on the petition from all interested persons. The 
industry conducted research to support possible improvements to the 
escalator code to address side-wall entrapments. The staff evaluated 
the results of the industry studies, and injury data, and prepared 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
Recommended Code Improvements 
Appealed                        02/14/00
First Hearing on Appeal         04/05/00
Second Hearing on Appeal        06/26/00
Staff Sent Briefing Package to 
Commission                      08/31/00
Petition Denied                 10/03/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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-AB70
_______________________________________________________________________

4438. PETITION HP 00-1 REQUESTING DEVELOPMENT OF A CHILD-RESISTANCE 
STANDARD FOR BUCKLES USED ON CHILD-RESTRAINT SYSTEMS

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC 
1261, Federal Hazardous Substances Act

CFR Citation: None

Legal Deadline: None

Abstract: A petition from John A. Galbreath requests that the 
Commission develop a child-resistance standard for buckles used on 
child-restraint systems on such products as strollers, high chairs, 
changing stations, and shopping carts. The petitioner states that 
existing buckles used on child-restraint systems are ineffective 
because children can open them and that they present unreasonable risks 
of serious injuries to children resulting from children falling from 
strollers, high chairs, changing stations and shopping carts. On 
January 5, 2000, the Commission published a notice in the Federal 
Register to solicit comments on the petition from all interested 
persons. The staff sent a briefing package on July 12, 2000 for 
consideration by the Commission. After consideration, the Commission 
denied the petition on August 7, 2000.

[[Page 74839]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice                          01/05/00                      65 FR 439
Comment Period End              03/06/00
Staff Sent Briefing Package to 
Commission                      07/12/00
Commission Denied Petition      08/07/00

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Debra J. Sweet, Project Manager, Consumer Product 
Safety Commission, Directorate for Epidemiology
Phone: 301 504-0470
Email: dsweet@cpsc.gov

RIN: 3041-AB85
[FR Doc. 00-23101 Filed 11-29-00]
BILLING CODE 6355-01-S
ILLING CODE 6355-01-S