[December 9, 2002 (Volume 67, Number 236)]
[Unified Agenda]
From the Federal Register Online via GPO Access [frwais.access.gpo.gov]
[Page 75497-75507]
Consumer Product Safety Commission
[[Page 75497]]
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Part XLIX
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Semiannual Regulatory Agenda
[[Page 75498]]
CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
_______________________________________________________________________
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Ch. II
Semiannual Regulatory Agenda
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, 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: September 11, 2002.
Todd Stevenson,
Secretary, Consumer Product Safety Commission.
Consumer Product Safety Commission--Prerule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
3940 Amendment of the Standard for the Flammability of Clothing Textiles................. 3041-AB68
3941 Petition HP 99-1 for a Ban of Polyvinyl Chloride in Toys and Other Products Intended 3041-AB79
for Children Five Years of Age and Under............................................
3942 Petition HP 00-2 Requesting a Rule Declaring Natural Rubber Latex a Strong 3041-AB88
Sensitizer..........................................................................
3943 Petition HP 01-1 Requesting Development of Performance Standard for Bicycle 3041-AB94
Handlebars..........................................................................
3944 Petition HP 01-03 Requesting a Ban on Use of Chromated-Copper-Arsenate (CCA) Treated 3041-AB97
Wood in Playground Equipment........................................................
3945 Petition CP 01-01 Requesting Rule Requiring Product Registration Cards for Products 3041-AB98
Intended for Children...............................................................
3946 Petition CP 02-3 Requesting Standard for Hunting Tree Stands and Ban of Waist Belt 3041-AC07
Restraints Used With Hunting Tree Stands............................................
3947 Petition CP 02-2 Requesting Rule to Require Performance Standard for Auxiliary 3041-AC09
Hazard Lighting Systems on Snowmobiles..............................................
----------------------------------------------------------------------------------------------------------------
[[Page 75499]]
Consumer Product Safety Commission--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
3948 Flammability Standard for Upholstered Furniture..................................... 3041-AB35
3949 Amendment of Safety Regulations for Cribs........................................... 3041-AB67
3950 Portable Bed Rails.................................................................. 3041-AB91
3951 Proposed Rule on Baby Bath Seats.................................................... 3041-AC03
----------------------------------------------------------------------------------------------------------------
Consumer Product Safety Commission--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
3952 Proposed Ban of Candles With Lead-Containing Wicks and Wicks Sold for Candle-Making 3041-AB96
That Contain Lead...................................................................
3953 Proposed Rule Exempting Certain Model Rocket Propellant Devices For Use With 3041-AC00
Lightweight Surface Vehicles........................................................
----------------------------------------------------------------------------------------------------------------
Consumer Product Safety Commission--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identification
Number Number
----------------------------------------------------------------------------------------------------------------
3954 Petition CP 02-01 Requesting Rule Adopting ASTM F400, Safety Standard For Lighters 3041-AC01
as a Consumer Product Safety Standard...............................................
3955 Proposed Standard To Address Open-Flame Ignition of Mattresses/Bedding.............. 3041-AC02
3956 Test Method for Determining Applicability of Cautionary Labeling and Child-Resistant 3041-AC05
Packaging to Hydrocarbon-Containing Products in Spray Packaging.....................
3957 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
----------------------------------------------------------------------------------------------------------------
3958 Baby Walkers........................................................................ 3041-AB40
3959 Rulemaking to Exempt Hormone Replacement Therapy Products From Special Packaging 3041-AC04
Requirements........................................................................
----------------------------------------------------------------------------------------------------------------
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Prerule Stage
_______________________________________________________________________
3940. 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 prepared 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
decided to begin a proceeding for amendment of the standard.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Staff Sent Briefing Package to
Commission 06/11/02
Commission Decision 08/28/02
ANPRM 09/12/02 67 FR 57770
[[Page 75500]]
ANPRM Comment Period End 11/12/02
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
RIN: 3041-AB68
_______________________________________________________________________
3941. PETITION HP 99-1 FOR A BAN OF POLYVINYL CHLORIDE IN TOYS AND OTHER
PRODUCTS INTENDED FOR CHILDREN FIVE 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 sent a briefing package to the Commission in
September 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 09/23/02
Commission Decision 11/00/02
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
_______________________________________________________________________
3942. 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.
Before finalizing the briefing package, the staff plans to ask outside
experts to review the staff's assessment of the health effects related
to latex.
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
Expert Assessment Completed 12/00/02
Staff Sends Briefing Package to
Commission To Be Determined
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
_______________________________________________________________________
3943. PETITION HP 01-1 REQUESTING DEVELOPMENT OF PERFORMANCE STANDARD
FOR BICYCLE HANDLEBARS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
1261, Federal Hazardous Substances Act
[[Page 75501]]
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 is preparing 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 10/31/02
Commission Decision 11/00/02
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
_______________________________________________________________________
3944. PETITION HP 01-03 REQUESTING A BAN ON USE OF CHROMATED-COPPER-
ARSENATE (CCA) TREATED WOOD IN PLAYGROUND EQUIPMENT
Priority: Substantive, Nonsignificant. 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. 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. Commission staff is reviewing comments
received on the petition and is conducting studies to obtain exposure
data to assess possible health risks to children from the use of CCA-
treated wood in playground equipment. The Conference report
accompanying 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. Also, in February 2002 the USEPA
announced that the manufacturers of CCA had requested that
registrations of CCA be cancelled, effective December 31, 2003. The
Commission staff is currently preparing an options briefing package for
Commission consideration. Before finalizing the briefing package, the
staff plans to ask outside experts to review the staff's risk
assessment related to CCA-treated wood in playground equipment.
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
Expert Assessment Completed 09/30/02
Staff Sends Briefing Package to
Commission 11/00/02
Regulatory Flexibility Analysis Required: Undetermined
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
_______________________________________________________________________
3945. 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 is preparing a
briefing package for consideration by the Commission. The Commission
has been considering how best to improve the effectiveness of recalls.
[[Page 75502]]
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 10/31/02
Commission Decision 11/00/02
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
_______________________________________________________________________
3946. [bull] PETITION CP 02-3 REQUESTING STANDARD FOR HUNTING TREE
STANDS AND BAN OF WAIST BELT RESTRAINTS USED WITH HUNTING TREE STANDS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
2058(i), Consumer Product Safety Act
CFR Citation: None
Legal Deadline: None
Abstract: A petition from Carol Pollack-Nelson requests that the
Commission issue regulations that would establish a mandatory standard
for hunting tree stands to address the risk of falling, and ban waist
belt restraints used with the tree stands. On May 1, 2002, the
Commission published a notice in the Federal Register to solicit
comments on the petition from all interested persons. The staff is
preparing a briefing package for consideration by the Commission.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 04/15/02
Notice 05/01/02 67 FR 21640
Comment Period End 07/01/02
Staff Sends Briefing Package to
Commission 01/00/03
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: DeWane Ray, Project Manager, Consumer Product Safety
Commission, Director for Engineering
Phone: 301 504-0508
RIN: 3041-AC07
_______________________________________________________________________
3947. [bull] PETITION CP 02-2 REQUESTING RULE TO REQUIRE PERFORMANCE
STANDARD FOR AUXILIARY HAZARD LIGHTING SYSTEMS ON SNOWMOBILES
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: In correspondence dated February 8, 2002, Allen J. Lakosky
and Michelle Robillard of Snow Glow, Inc., requested that the
Commission issue a rule prescribing performance standards for
auxilliary lighting systems on snowmobiles. A notice was published in
the Federal Register on April 30, 2002, in which the Commission
solicited public comments concerning the petition. The staff is
preparing a briefing package for consideration by the Commission
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 03/15/02
Notice 04/30/02 67 FR 21222
Comment Period End 07/01/02
Staff Sends Briefing Package to
Commission 01/00/03
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: Timothy P. Smith, Project Manager, Consumer Product
Safety Commission, Division of Human Factors, Directorate for
Engineering Sciences
Phone: 301 504-0468
Email: tsmith@cpsc.gov
RIN: 3041-AC09
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Proposed Rule Stage
_______________________________________________________________________
3948. 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
[[Page 75503]]
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 authorize the staff to conduct 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.
On June 18 and 19, 2002, the Commission staff held a public meeting to
receive information on the upholstered furniture project. The staff is
analyzing the information received at the hearing and will present the
analysis to the Commission.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 06/15/94 59 FR 30735
ANPRM Comment Period End 08/15/94
Staff Briefing of Commission on
NPRM 12/18/97
Commission Voted To Defer Action
Pending Results of Toxicity
Hearing 03/02/98
Commission Hearing May 5 & 6,
1998 on Possible Toxicity of
Flame Retardant Chemicals 03/17/98 63 FR 13017
NAS Study Completed (Required by
Congress) 07/10/00
Staff Sent Briefing Package to
Commission 11/01/01
Meeting Notice 03/20/02 67 FR 12916
Staff Held 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
_______________________________________________________________________
3949. 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 Completes Monitoring
Conformance 10/31/02
Staff Sends Briefing Package to
Commission 11/00/02
Commission Decision 12/00/02
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-AB67
[[Page 75504]]
_______________________________________________________________________
3950. 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 instructed
the Office of the General Counsel to prepare a draft notice of proposed
rulemaking addressing this issue for its consideration.
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 Draft NPRM to
Commission 10/31/02
Commission Decision on NPRM 11/00/02
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
_______________________________________________________________________
3951. 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 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 10/31/02
Commission Decision 11/00/02
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
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
Related RIN: Related To 3041-AB93
RIN: 3041-AC03
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Final Rule Stage
_______________________________________________________________________
3952. 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 (NPRM). The NPRM was published in the Federal Register on
April 24, 2002. The staff is responding to the public comments received
in response to the NPRM, and is preparing a briefing package for
Commission consideration.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 02/20/01 66 FR 10863
ANPRM Comment Period End 04/23/01
[[Page 75505]]
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 11/00/02
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
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
_______________________________________________________________________
3953. 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 Substances 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 is
addressing public comments received in response to the NPRM and is
preparing 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 10/31/02
Commission Decision 11/00/02
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
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Long-Term Actions
_______________________________________________________________________
3954. 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
_______________________________________________________________________
3955. 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
[[Page 75506]]
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
_______________________________________________________________________
3956. 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 65 FR 93
NPRM Comment Period End 03/20/00
Staff Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: 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
_______________________________________________________________________
3957. 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 voted to publish a notice of proposed
rulemaking (NPRM) to revise its regulations to extend their coverage to
attorneys representing clients before the Commission in matters other
than formal adjudication. Attorney conduct in adjudicative matters is
already covered by Commission regulations. The Commission is presently
considering whether there is any need to extend the coverage of the
regulations.
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
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Completed Actions
_______________________________________________________________________
3958. BABY WALKERS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 1261, Federal Hazardous Substances Act; 15 USC
1262, Federal Hazardous Substances Act
CFR Citation: None
Legal Deadline: None
Abstract: On August 2, 1994, the Commission published an advance notice
of proposed rulemaking (ANPRM) that began a proceeding that could
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
[[Page 75507]]
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. In response to the Commission's work in this area, ASTM
International published revisions to the voluntary standard for baby
walkers in 1997 to address the hazard of falling down stairs. In 2000,
baby walker injuries to children under 15 months of age had dropped to
7,400. Based on this and the staff's assessment of 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 recommended that the Commission
terminate further regulatory proceedings. The Commission voted to do so
and a Federal Register notice announcing the termination was published
on May 9, 2002.
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 Sent Briefing Package to
Commission 04/25/02
Commission Decision to Terminate
Proceeding 05/01/02
Notice of Termination 05/09/02 67 FR 31165
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
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
_______________________________________________________________________
3959. 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. The Commission received one comment in favor of the
proposed rule. On October 24, 2002, the Commission voted to issue a
final rule exempting HRT products from poison prevention packaging
requirements.
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 10/09/02
Commission Decision 10/24/02
Final Rule 11/01/02 67 FR 66550
Final Rule Effective 11/01/02
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
[FR Doc. 02-23901 Filed 12-06-02; 8:45 am]
BILLING CODE 6355-01-S