<DOC>
[May 13, 2002 (Volume 67, Number 92)]
[Unified Agenda]
From the Federal Register Online via GPO Access [frwais.access.gpo.gov]
[DOCID: f:ua020448.wais]
[Page 34070-34081]
CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
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Part XLVIII
Consumer Product Safety Commission
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Semiannual Regulatory Agenda
[[Page 34070]]
_______________________________________________________________________
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, 2002.
ADDRESSES: Comments on the regulatory flexibility agenda should be
mailed to the Office of the Secretary, Consumer Product Safety
Commission, Washington, DC 20207-0001; telephone (301) 504-0800, or
delivered to the Office of the Secretary, Room 502, 4330 East-West
Highway, Bethesda, MD 20814-4423. 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 20207-0001,
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-
0001.
Dated: March 15, 2002.
Todd Stevenson,
Secretary, Consumer Product Safety Commission.
Consumer Product Safety Commission--Prerule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
3642 Amendment of the Standard for the Flammability of Clothing Textiles................. 3041-AB68
3643 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...............................................
3644 Petition HP 00-2 Requesting a Rule Declaring Natural Rubber Latex a Strong 3041-AB88
Sensitizer..........................................................................
3645 Petition HP 01-1 Requesting Development of Performance Standard for Bicycle 3041-AB94
Handlebars..........................................................................
3646 Petition HP 01-03 Requesting a Ban on Use of Chromated-Cooper-Arsenate (CCA) Treated 3041-AB97
Wood in Playground Equipment........................................................
3647 Petition CP 01-01 Requesting Rule Requiring Product Registration Cards for Products 3041-AB98
Intended for Children...............................................................
----------------------------------------------------------------------------------------------------------------
[[Page 34071]]
Consumer Product Safety Commission--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
3648 Flammability Standard for Upholstered Furniture..................................... 3041-AB35
3649 Baby Walkers........................................................................ 3041-AB40
3650 Amendment of Safety Regulations for Cribs........................................... 3041-AB67
3651 Portable Bed Rails.................................................................. 3041-AB91
3652 Proposed Rule Exempting Certain Model Rocket Propellant Devices For Use With 3041-AC00
Lightweight Surface Vehicles........................................................
3653 Proposed Rule on Baby Bath Seats.................................................... 3041-AC03
3654 Rulemaking to Exempt Hormone Replacement Therapy Products From Special Packaging 3041-AC04
Requirements........................................................................
3655 Test Method for Determining Applicability of Cautionary Labeling and Child-Resistant 3041-AC05
Packaging to Hydrocarbon-Containing Products in Spray Packaging.....................
----------------------------------------------------------------------------------------------------------------
Consumer Product Safety Commission--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
3656 Proposed Ban of Candles with Lead-Containing Wicks and Wicks Sold for Candle-Making 3041-AB96
that Contain Lead...................................................................
----------------------------------------------------------------------------------------------------------------
Consumer Product Safety Commission--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
3657 Petition CP 02-01 Requesting Rule Adopting ASTM F400, Safety Standard For Lighters 3041-AC01
as a Consumer Product Safety Standard...............................................
3658 Proposed Standard to Address Open Flame Ignition of Mattresses/Bedding.............. 3041-AC02
3659 Standards of Conduct for Outside Attorneys Practicing Before the Consumer Product 3041-AC06
Safety Commission...................................................................
----------------------------------------------------------------------------------------------------------------
Consumer Product Safety Commission--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
3660 Petition HP 93-1 Requesting Development of a Rule To Ban Certain Backyard Playsets.. 3041-AB47
3661 Petition FP 99-1 Requesting Labeling Rule for Polyurethane Foam in Upholstered 3041-AB81
Furniture...........................................................................
3662 Petitions FP 00-1, FP 00-2, FP 00-3, and FP 00-4 Requesting Requirements for 3041-AB89
Flammability of Mattresses..........................................................
3663 Petition CP 00-1 Requesting Performance Requirements for Non-Wood Baseball Bats..... 3041-AB90
3664 Petition HP 00-4 Requesting a Rule Banning Baby Bath Seats.......................... 3041-AB93
3665 Petition HP 01-02 Requesting Exemption for Model Rocket Propellant Devices Used With 3041-AB95
Ground Vehicles.....................................................................
----------------------------------------------------------------------------------------------------------------
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Prerule Stage
_______________________________________________________________________
3642. 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
[[Page 34072]]
be needed to assure that the test in the standard is conducted with
equipment and procedures representative of conditions to which garments
currently are exposed. After consideration of the briefing package, the
Commission will decide whether to begin a proceeding for amendment of
the standard.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Staff Sends Briefing Package to
Commission 04/00/02
Commission Decision 05/00/02
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
_______________________________________________________________________
3643. 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 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 CHAP submitted its report to the
Commission on June 15, 2001. The Commission has completed 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. The staff will send a briefing package to the Commission in
spring 2002. The Commission will then decide whether to 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 Sent Report to Commission 06/15/01
Staff Sends Briefing Package to
Commission 05/00/02
Commission Decision 06/00/02
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
_______________________________________________________________________
3644. 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
will prepare 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 05/00/02
Commission Decision 06/00/02
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
_______________________________________________________________________
3645. 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
[[Page 34073]]
1261, Federal Hazardous Substances Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: A petition from Flaura Koplin Winston, M.D., Ph.D., Director,
Trauma Link: 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 was extended to May 16, 2001. The
staff will prepare a briefing package for Commission consideration as
to whether to grant, deny, or defer the petition.
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 06/00/02
Commission Decision 07/00/02
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
_______________________________________________________________________
3646. PETITION HP 01-03 REQUESTING A BAN ON USE OF CHROMATED-COOPER-
ARSENATE (CCA) TREATED WOOD IN PLAYGROUND EQUIPMENT
Priority: Economically Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 15 USC 1262, Federal Hazardous Substance Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: A petition from the Environmental Working Group and Healthy
Building Network, docketed June 20, 2001, requests that the Commission
enact an immediate ban on the use of chromated copper arsenate (CCA)
treated wood in playground equipment. This treatment is used as a
pesticide in the wood. The petitioners assert that a ban is necessary
because recent research has shown that arsenic is more carcinogenic
than was previously recognized, and is present at significant
concentrations on CCA treated wood and in underlying soil. They further
assert that the health risks posed by this wood are greater than was
previously recognized, and that past risk assessments were incomplete.
On July 13, 2001, the Commission published a notice in the Federal
Register to solicit comments on the petition from all interested
persons. The 60-day comment period ended on September 11, 2001. The
petitioners also requested that the Commission review the safety of CCA
treated wood for general use. Such a review would not require
rulemaking to implement, therefore, the request was not docketed. On
September 20, 2001, the Commission and the USEPA jointly published a
notice in the Federal Register to solicit comments on protocols for
field sampling of wood playground equipment and underlying soil. The
comment period ended on October 22, 2001. Commission staff is reviewing
comments received on the petition and the protocols. The Conference
report to accompany the Commission's FY 2002 appropriation directed the
CPSC to submit a report to Congress on its work on CCA treated wood and
steps taken to inform state and local governments of that work. The
report was submitted to the appropriations committees of both houses of
Congress on February 15, 2002.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 06/20/01
Notice on Petition 07/13/01 66 FR 36756
Comment Period End 09/11/01
Notice on Protocols 09/20/01 66 FR 48428
Comment Period End 10/22/01
Staff Sends Briefing Package to
Commission 08/00/02
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: No
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Patricia Bittner, Project Manager, Consumer Product
Safety Commission, Directorate for Health Sciences, Washington, DC
20207
Phone: 301 504-0477
Email: pbittner@cpsc.gov
RIN: 3041-AB97
_______________________________________________________________________
3647. PETITION CP 01-01 REQUESTING RULE REQUIRING PRODUCT REGISTRATION
CARDS FOR PRODUCTS INTENDED FOR CHILDREN
Priority: Economically Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
2065(b), Consumer Product Safety Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: A petition from the Consumer Federation of America requests
that the Commission issue a rule requiring product registration cards
with every product intended for children. The petitioner asks for a
rule that would ``require manufacturers (or distributors,
retailers, or importers) of products intended for children provide
along with every product a Consumer Safety Registration Card that
allows the purchaser to register information, through the mail or
electronically.'' This would enable a manufacturer to contact
the purchaser if the product were recalled or otherwise presented a
safety hazard. On August 1, 2001, the Commission published a notice in
the Federal Register to solicit comments on the petition from all
interested persons. The comment period closed on October 1, 2001. The
staff will prepare a briefing package for consideration by the
Commission. The Commission has been considering how best to improve the
effectiveness of recalls. That effort has included meetings on the use
of credit card and electronic databases and will include additional
meetings on measures of recall effectiveness and how best to improve
the response and return rates of the recalls that the Commission
conducts.
[[Page 34074]]
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 07/10/01
Notice 08/01/01 66 FR 39737
Comment Period End 10/01/01
Staff Sends Briefing Package to
the Commission 05/00/02
Commission Decision 06/00/02
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Celestine T. Kiss, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, Washingon, DC
20207
Phone: 301 504-0468
Email: ckiss@cpsc.gov
RIN: 3041-AB98
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Proposed Rule Stage
_______________________________________________________________________
3648. FLAMMABILITY STANDARD FOR UPHOLSTERED FURNITURE
Priority: Economically Significant. Major under 5 USC 801.
Legal Authority: 15 USC 1193, Flammable Fabrics Act
CFR Citation: 16 CFR 1640
Legal Deadline: None
Abstract: On June 15, 1994, the Commission published an advance notice
of proposed rulemaking (ANPRM) to begin a proceeding for development of
a flammability standard to address risks of death, injury, and property
damage from fires associated with ignition of upholstered furniture by
small open-flame sources such as matches, lighters, or candles. This
ANPRM was issued after the Commission granted part of a petition
requesting development of a mandatory flammability standard to address
risks of injury from ignition of upholstered furniture by: (1) small
open-flame sources; (2) large open-flame sources; and (3) cigarettes.
The Commission voted to deny that part of the petition requesting
development of a mandatory standard to address hazards associated with
ignition of upholstered furniture by large open-flame sources. The
Commission also voted to defer a decision on that part of the petition
requesting development of a standard to address cigarette ignition, and
directed the staff to report to the Commission on the effectiveness of,
and the extent of industry compliance with, a voluntary program to
reduce risks of ignition of upholstered furniture by cigarettes. The
Commission staff developed a draft standard to address ignition of
upholstered furniture by small open-flame sources.
In 1998, the Commission deferred action and held a public hearing to
gather additional information on the potential toxicity of flame-
retardant chemicals that might be used to meet a standard. 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 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.
A CPSC staff risk assessment concluded that a number of flame-retardant
chemicals are available that would not present health risks to
consumers, although additional data are needed for some other
chemicals. The CPSC staff is also working with the National Institute
of Occupational Safety and Health and the Environmental Protection
Agency to evaluate possible impacts of flame-retardant chemical use on
worker safety and the environment.
In 2001, the CPSC staff forwarded a briefing package to the Commission,
and the Commission voted to hold a public meeting to present the
direction of the staff's draft standard, to discuss supporting
technical data, and to receive comments and recommendations from
interested parties. The staff is also continuing to cooperate with
industry representatives and voluntary standards organizations to
develop possible voluntary alternatives to CPSC's regulatory action.
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 Sent Briefing Package to
Commission 11/01/01
Meeting Notice 03/20/02 67 FR 12916
Staff Holds Public Meeting 06/18/02
Second Day of Public Meeting 06/19/02
Staff Analysis of Information
From Public Meeting 12/00/02
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
_______________________________________________________________________
3649. BABY WALKERS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 1261, Federal Hazardous Substances Act; 15 USC
[[Page 34075]]
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 ASTM International
standard contains performance requirements to address risks of injury
to children from falls down stairs associated with baby walkers. In
2000, baby walker injuries to children under 15 months of age had
dropped to 7,400. The staff is currently assessing the extent of
industry conformance with that voluntary standard, designated
``Standard Consumer Safety Specification for Infant
Walkers,'' SF 977-97, published by ASTM. The staff will send
that information to the Commission together with options for Commission
action, including withdrawal of the ANPRM or further regulatory
proceedings.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 08/02/94 59 FR 39309
ANPRM Comment Period End 10/03/94
Staff Provided Technical
Recommendations to Revise
Voluntary Standard 12/16/94
Revised Voluntary Standard
Approved 10/01/96
Voluntary Certification Program
Began 06/30/97
Staff Completed Monitoring
Conformance to Revised Voluntary
Standard 05/31/00
Staff Completed Special Study of
Injury Data 09/29/00
Staff Completed Testing of New
Walker Designs 05/01/01
Staff Sends Briefing Package to
Commission 05/00/02
Commission Decision 06/00/02
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
_______________________________________________________________________
3650. 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 ASTM International 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 Began Monitoring
Conformance to Revised Voluntary
Standard 03/27/01
Staff Completed Monitoring
Conformance 12/28/01
Staff Sends Briefing Package to
Commission 05/00/02
Commission Decision 06/00/02
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
[[Page 34076]]
_______________________________________________________________________
3651. 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. On October 30, 2001, the Commission decided to
continue the rulemaking by issuing an NPRM.
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 10/01/01
Commission Decision 10/30/01
Staff Sends NPRM to Commission 06/00/02
Commission Decision on NPRM 07/00/02
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
_______________________________________________________________________
3652. <bullet> PROPOSED RULE EXEMPTING CERTAIN MODEL ROCKET PROPELLANT DEVICES
FOR USE WITH LIGHTWEIGHT SURFACE VEHICLES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 1261(q)(1), Federal Hazardous Substances Act
CFR Citation: 16 CFR 1500.83(a)(36); 16 CFR 1500.85(a)(14)
Legal Deadline: None
Abstract: A notice of proposed rulemaking (NPRM), published in the
Federal Register on January 30, 2002, proposed to exempt from banning
under the Federal Hazardous Act certain model rocket propellant devices
for model rocket ground vehicles if they meet requirements similar to
those presently required for flyable model rockets. The Commission
voted to publish the NPRM and proceed with rulemaking after considering
a petition filed by Centuri Corporation that requested an exemption
covering two prototype model rocket cars. The Commission decided to
grant the petition in part and issue a proposed rule exempting only
model rocket propellant devices to be used with surface vehicles like
the smaller prototype car. The staff will address public comments
received in response to the NPRM and prepare a briefing package for the
Commission to determine whether to issue a final rule.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 01/30/02 67 FR 4373
NPRM Comment Period End 04/15/02
Staff Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
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
Related RIN: Related To 3041-AB95
RIN: 3041-AC00
_______________________________________________________________________
3653. <bullet> PROPOSED RULE ON BABY BATH SEATS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 1261, Federal Hazardous Substances Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: An advance notice of proposed rulemaking (ANPRM), published
in the Federal Register on August 1, 2001, requested comments on a
rulemaking proceeding that could result in a mandatory rule addressing
baby bath seats. These are consumer products used to hold an infant in
a bathtub while the child is being bathed. The Commission voted to
publish the ANPRM and proceed with rulemaking after considering the
staff's analysis of available data and information provided provided by
the petitioners, the Consumer Federation of America and other consumer
groups who requested that the Commission ban baby bath seats and bath
rings. The staff is addressing public comments received in reponse to
the ANPRM and preparing a briefing package for Commission
consideration.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 08/01/01 66 FR 39692
ANPRM Comment Period End 10/01/01
Staff Sends Briefing Package to
Commission 09/00/02
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
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
Related RIN: Related To 3041-AB93
RIN: 3041-AC03
[[Page 34077]]
_______________________________________________________________________
3654. <bullet> RULEMAKING TO EXEMPT HORMONE REPLACEMENT THERAPY PRODUCTS FROM
SPECIAL PACKAGING REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 1471, Poison Prevention Packaging Act
CFR Citation: 16 CFR 1700.14(a)(10)
Legal Deadline: None
Abstract: The Commission has proposed a rule to exempt hormone
replacement therapy (HRT) products from the child-resistant packaging
requirements of the Poison Prevention Packaging Act. HRT refers to the
use of estrogen alone or estrogen and progestin to treat menopausal
symptoms. The proposed exemption is based on the low acute toxicity of
these products.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 02/19/02 67 FR 7319
NPRM Comment Period End 05/06/02
Staff Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: Jacqueline Ferrante Ph.D., Project Manager, Consumer
Product Safety Commission, Directorate for Health Sciences, Washington,
DC 20207
Phone: 301 504-0477
Email: jferrante@cpsc.gov
RIN: 3041-AC04
_______________________________________________________________________
3655. <bullet> TEST METHOD FOR DETERMINING APPLICABILITY OF CAUTIONARY LABELING
AND CHILD-RESISTANT PACKAGING TO HYDROCARBON-CONTAINING PRODUCTS IN
SPRAY PACKAGING
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 15 USC 1471, Poison Prevention Packaging Act; 15 USC
1261(p), Federal Hazardous Substances Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On January 3, 2000 CPSC issued a notice of proposed
rulemaking under the Poison Prevention Packaging Act (PPPA) to require
child-resistant packaging of prepackaged products that contain liquid
hydrocarbons of low viscosity, including aerosol/trigger/pump packaged
products (spray products) that expel product in a stream. The final
rule issued on October 25, 2001 covered liquid hydrocarbon-containing
products other than these spray products.
Under current CPSC guidance, special cautionary labeling under the
Federal Hazardous Substances Act (FHSA) would also be required for most
hydrocarbon-containing spray products that expel product as a stream.
The staff has now developed a quantitative test method to identify
those hydrocarbon-containing spray products that pose an aspiration
hazard. The staff is preparing a briefing package for the Commission's
consideration that may recommend using this test method to determine
applicability of the FHSA special cautionary labeling and PPPA child-
resistant packaging requirements to spray products that expel product
in a stream.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 01/03/00
Staff Sends Briefing Package to
Commission 06/00/02
Regulatory Flexibility Analysis Required: Undetermined
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
Related RIN: Related To 3041-AB57
RIN: 3041-AC05
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Final Rule Stage
_______________________________________________________________________
3656. PROPOSED BAN OF CANDLES WITH LEAD-CONTAINING WICKS AND WICKS SOLD
FOR CANDLE-MAKING THAT CONTAIN LEAD
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: An advance notice of proposed rulemaking (ANPRM), published
in the Federal Register on February 20, 2001, requested comments on a
rulemaking proceeding that could result in a mandatory rule addressing
the use of lead in candle wicks. The Commission voted to publish the
ANPRM and proceed with rulemaking after considering the staff's
analysis of the available data on lead-cored candle wicks as well as
information provided by the petitioners Public Citizen, National
Apartment Association, and National Multi-Housing Council. The staff
recommended that the Commission proceed with rulemaking to ban metal-
cored wicks containing more than 0.06 percent lead by weight in the
metal. The staff addressed public comments received in response to the
ANPRM and prepared a briefing package for Commission consideration. On
April 17, 2002, the Commission voted to issue a notice of proposed
rulemaking.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 02/20/01 66 FR 10863
ANPRM Comment Period End 04/23/01
Staff Sent Briefing Package to
Commission 03/20/02
Commission Decision 04/17/02
NPRM 04/24/02 67 FR 20062
NPRM Comment Period End 07/08/02
Staff Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
[[Page 34078]]
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-AB96
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Long-Term Actions
_______________________________________________________________________
3657. <bullet> PETITION CP 02-01 REQUESTING RULE ADOPTING ASTM F400, SAFETY
STANDARD FOR LIGHTERS AS A CONSUMER PRODUCT SAFETY STANDARD
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
2058, Consumer Product Safety Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: A petition from the Lighter Association, Inc. requests that
the Commission issue a rule adopting an ASTM voluntary standard for
lighters as a consumer product safety standard. The voluntary standard
contains numerous safety requirements for cigarette lighters. On
January 17, 2002, the Commission published a notice in the Federal
Register to solicit comments on the petition from all interested
persons. The comment period closed on March 18, 2002. The staff is
preparing a briefing package for consideration by the Commission.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 12/26/01
Notice 01/17/02 67 FR 2420
Comment Period End 03/18/02
Staff Sends Briefing Package to
Commission To Be Determined
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-AC01
_______________________________________________________________________
3658. <bullet> PROPOSED STANDARD TO ADDRESS OPEN FLAME IGNITION OF MATTRESSES/
BEDDING
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 1193, Flammable Fabrics Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Commission published an advance notice of proposed
rulemaking (ANPRM) in the Federal Register of October 11, 2001 that
requested comments on a rulemaking proceeding that could result in a
mandatory flammability standard addressing open flame ignition of
mattresses/bedding. In 1995, the Commission staff began a project on
mattress fires, and the ANPRM reflects information obtained from that
research. The ANPRM also addresses two subsequently filed petitions
from the Children's Coalition for Fire-Safe Mattresses, FP 00-1 and FP
00-2, requesting certain standards to address the open flame ignition
hazard with mattresses/bedding. On October 2, 2001, the Commission
voted to grant these two petitions and issue an ANPRM addressing this
mattress flammability hazard. The staff will address public comments on
the ANPRM and prepare a briefing package for Commission consideration.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 10/11/01 66 FR 51886
ANPRM Comment Period End 12/10/01
Staff Sends Briefing Package to
Commission 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
Related RIN: Related To 3041-AB89
RIN: 3041-AC02
_______________________________________________________________________
3659. <bullet> STANDARDS OF CONDUCT FOR OUTSIDE ATTORNEYS PRACTICING BEFORE THE
CONSUMER PRODUCT SAFETY COMMISSION
Priority: Info./Admin./Other
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Commission has proposed to amend its regulations to add a
new part addressing the behavior of attorneys on matters before the
Commission. The behavior of attorneys who represent clients in
Commission adjudicative proceedings is governed by separate
regulations. The new part would cover attorney behavior in any matter
before the Commission other than adjudication. It would also establish
the procedure for addressing allegations against attorneys.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 11/06/00 65 FR 66515
NPRM Comment Period End 01/05/01
Staff Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Melissa V. Hampshire, Attorney, Consumer Product Safety
Commission, Office of the General Counsel, Washington, DC 20207
Phone: 301 504-0980
Fax: 301 504-0403
Email: mhampshire@cpsc.gov
RIN: 3041-AC06
[[Page 34079]]
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Completed Actions
_______________________________________________________________________
3660. PETITION HP 93-1 REQUESTING DEVELOPMENT OF A RULE TO BAN CERTAIN
BACKYARD PLAYSETS
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 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 ASTM International; 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. On January 14, 2002, the staff sent
additional information to the Commission concerning revisions of the
voluntary standard, conformance to the voluntary standard, and injury
data. On March 15, 2002, the Commission voted to deny the remaining
portions of 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 Sent Additional
Information to Commission 01/14/02
Balance of Petition Denied 03/15/02
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-AB47
_______________________________________________________________________
3661. PETITION FP 99-1 REQUESTING LABELING RULE FOR POLYURETHANE FOAM IN
UPHOLSTERED FURNITURE
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
1191, Flammable Fabrics Act
CFR Citation: None
Legal Deadline: None
Abstract: A petition from the National Association of State Fire
Marshals (NASFM) requested that the Commission require labels under the
Flammable Fabrics Act warning that polyurethane foam in upholstered
furniture poses a fire hazard. The Commisssion denied the petition on
February 26, 2002.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Notice 04/06/99 64 FR 16711
Comment Period End 06/07/99
Staff Sent Briefing Package to
Commission 11/01/01
Commission Decision 02/26/02
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
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
_______________________________________________________________________
3662. PETITIONS FP 00-1, FP 00-2, FP 00-3, AND FP 00-4 REQUESTING
REQUIREMENTS FOR FLAMMABILITY OF MATTRESSES
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
1191, Flammable Fabrics Act
CFR Citation: None
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
mattress. The petitioner focuses primarily on the role polyurethane
foam plays in mattress fires. The Commission has docketed these
petitions under provisions of the Flammable Fabrics Act. The Commission
voted to grant petitions FP 00-1 requesting that the Commission adopt a
standard similar to California TB 117 and FP 00-2 requesting that the
Commission adopt a standard similar to British Standard 5852, and deny
petitions FP 00-3 requesting that the Commission require a warning
label and FP 00-4 requesting that the Commission require a permanent
identification tag.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petitions Docketed 05/22/00
Notice 06/12/00 65 FR 36890
Comment Period End 08/11/00
[[Page 34080]]
Staff Sent Briefing Package to
Commission 08/16/01
Commission Decision 10/02/01
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
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
Related RIN: Previously reported as 3041-AC02
RIN: 3041-AB89
_______________________________________________________________________
3663. PETITION CP 00-1 REQUESTING PERFORMANCE REQUIREMENTS FOR NON-WOOD
BASEBALL BATS
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: 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. On December 28, 2001,
the staff sent a briefing package to the Commission for its
consideration as to whether to grant, deny, or defer the petition. The
Commission voted to deny the petition on March 6, 2002.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 05/24/00
Notice 06/15/00 65 FR 37525
Comment Period End 08/14/00
Staff Sent Briefing Package to
Commission 12/28/01
Commission Voted to Deny
Petition 03/06/02
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
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
_______________________________________________________________________
3664. PETITION HP 00-4 REQUESTING A RULE BANNING BABY BATH SEATS
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 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. The staff briefed the Commission on May 23, 2001.
On May 30, 2001, the Commission granted the petition and voted to issue
an advance notice of proposed rulemaking (ANPRM).
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 05/30/01
Regulatory Flexibility Analysis Required: No
Small Entities Affected: 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
Related RIN: Related To 3041-AC03
RIN: 3041-AB93
_______________________________________________________________________
3665. PETITION HP 01-02 REQUESTING EXEMPTION FOR MODEL ROCKET PROPELLANT
DEVICES USED WITH GROUND VEHICLES
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 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 closed on May 7, 2001. On November 1, 2001,
the Commission granted the petition insofar as it pertained to the
smaller model rocket car that the petitioner proposed to market, but
denied the petition insofar as it pertained to the larger model rocket
car that the petitioner proposed to market.
[[Page 34081]]
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 02/14/01
Notice 03/08/01 66 FR 13914
Comment Period End 05/07/01
Staff Sent Briefing Package to
Commission 09/28/01
Commission Decision 11/01/01
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
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
Related RIN: Related To 3041-AC00
RIN: 3041-AB95
[FR Doc. 02-7692 Filed 05-10-02; 8:45 am]
BILLING CODE 6355-01-S
ILLING CODE 6355-01-S