[Federal Register: January 28, 2004 (Volume 69, Number 18)]
[Proposed Rules]
[Page 4095-4096]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja04-15]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Chapter II
Pilot Program for Systematic Review of Commission Regulations;
Request for Comments and Information
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of systematic review of current regulations.
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SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is
undertaking a pilot program to systematically review its current
substantive regulations to ensure, to the maximum practical extent,
consistency among them and with respect to accomplishing program goals.
The pilot is currently expected to be completed by the end of calendar
year 2004. Depending on the results of the pilot, the availability of
personnel and fiscal resources, and other priorities for action, the
Commission would then develop and implement an expanded systematic
review process to address the remainder of its substantive regulations.
The primary purpose of the review is to assess the degree to which
the regulations under review remain consistent with the Commission's
program policies. In addition, each regulation will be examined with
respect to the extent that it is current and relevant to CPSC program
goals. Attention will also be given to whether the regulations can be
streamlined, if possible, to minimize regulatory burdens, especially on
small entities. To the degree consistent with other Commission
priorities and subject to the availability of personnel and fiscal
resources, specific regulatory or other projects may be undertaken in
response to the results of this review.
In the initial, pilot phase of this program the following four
regulations will be evaluated: safety standard for walk-behind power
mowers, 16 CFR part 1205; requirements for electrically operated toys
and other electrically operated articles intended for use by children,
16 CFR part 1505; standard for the flammability of vinyl plastic film,
16 CFR part 1611; and child-resistant packaging requirements for
aspirin and methyl salicylate, 16 CFR 1700.14(a)(1) and 1700.14(a)(3),
respectively.
The Commission solicits written comments from interested persons
concerning the designated regulations' currentness and consistency with
Commission policies and goals, and suggestions for streamlining where
appropriate. In so doing, commenters are requested to specifically
address how their suggestions for change could be accomplished within
the various statutory frameworks for Commission action under the
Consumer Product Safety Act (CPSA), 15 U.S.C. 2051-2084, Federal
Hazardous Substances Act (FHSA), 15 U.S.C. 1261-1278, Flammable Fabrics
Act (FFA), 15 U.S.C. 1191-1204; and Poison Prevention Packaging Act
(PPPA), 15 U.S.C. 1471-1476.
DATES: Written comments and submissions in response to this notice must
be received by March 29, 2004.
ADDRESSES: Comments and other submissions should be captioned ``Pilot
Regulatory Review Project'' and mailed to the Office of the Secretary,
Consumer Product Safety Commission, Washington, DC 20207, or delivered
to that office, room 502, 4330 East-West Highway, Bethesda, Maryland
20814. Comments and other submissions may also be filed by facsimile to
(301) 504-0127 or by e-mail to cpsc-os@cpsc.gov.
FOR FURTHER INFORMATION CONTACT: N.J. Scheers, PhD, Director, Office of
Planning & Evaluation, U.S. Consumer Product Safety Commission,
Washington, DC 20207; telephone (301) 504-7670; e-mail
nscheers@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. The Pilot Review Program
The President's Office of Management and Budget has designed the
Program Assessment Rating Tool (PART) to provide a consistent approach
to rating programs across the Federal government. A description of the
PART process and associated program evaluation materials is available
online at: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.whitehouse.gov/omb/budintegration/part_assessing2004.html
.
Based on an evaluation of the Commission's regulatory programs
using the PART, the recommendation was made that CPSC develop a plan to
systematically review its current regulations to ensure consistency
among them in accomplishing program goals. The pilot review program
launched with
[[Page 4096]]
this Federal Register notice is the initial step in implementing that
recommendation.
B. The Regulations Undergoing Review
A summary of each of the regulations being reviewed in the pilot
phase of this program is provided below. The full text of the
regulations may be accessed at: http://www.access.gpo.gov/nara/cfr/waisidx_03/16cfrv2_03.html
.
1. Walk-Behind Power Mowers
The safety standard for walk-behind power mowers appears at 16 CFR
part 1205. It was promulgated in 1979. 44 FR 10024 (February 15, 1979).
The standard prescribes safety requirements for certain walk-behind
power lawnmowers, including labeling and performance requirements. The
performance requirements apply to rotary mowers. The labeling
requirements apply to both rotary and reel-type mowers. The standard is
intended to reduce the risk of injury to consumers caused by contact,
primarily of the foot and hand, with the rotating blade of the mower.
The standard was issued under authority of the CPSA.
2. Electrically Operated Toys
The requirements for electrically operated toys and other
electrically operated articles intended for use by children appear at
16 CFR part 1505. 38 FR 27032 (September 27, 1973). The regulation
includes a number of requirements intended to reduce the risk of
electrical, mechanical and/or thermal hazards. Part 1505 was
promulgated under authority of the FHSA.
3. Standard for Flammability of Vinyl Plastic Film
The standard for flammability of vinyl plastic film appears at 16
CFR part 1611. It was codified at that location in 1975 under authority
of the FFA. 40 FR 59894 (December 30, 1975). The standard was
originally Commercial Standard 192-53, Flammability of General Purpose
Vinyl Plastic Film, issued by the Department of Commerce, and later
incorporated by Congress into the Flammable Fabrics Act of 1953. The
standard establishes a minimum standard for the flammability of
nonrigid, unsupported, vinyl plastic film including transparent,
translucent, and opaque material, whether plain, embossed, molded or
otherwise surface treated. Subpart A of part 1611 sets forth the
standard. Subpart B contains the implementing regulations for the
subpart A standard.
4. Salicylates
The Commission is reviewing two regulations that require child-
resistant packaging for certain salicylate compounds. The first
regulation, 16 CFR 1700.14(a)(1), requires child-resistant packaging
for certain aspirin-containing oral drugs. The second, 16 CFR
1700.14(a)(3), requires child-resistant packaging for certain products
containing methyl salicylate (oil of wintergreen). These regulations
were promulgated under authority of the PPPA. The aspirin regulation
was originally issued in 1972, 37 FR 3427 (February 16, 1972). The
methyl salicylate regulation was also issued in 1972, 37 FR 6184 (March
25, 1972).
C. Possible Future Program
The Commission expects that, subject to the availability of
personnel and fiscal resources and the priority of other needs for
Commission action, it would apply the results of the pilot program to
developing and implementing a systematic review process for the
remainder of its substantive regulations. This could involve review of
19 regulations under the CPSA, 42 rules under the FHSA, 7 rules under
the FHSA, and 31 rules under the PPPA. The CPSC rule under the
Refrigerator Safety Act could also be a candidate for review.
D. Solicitation of Comments and Information
The Commission invites interested persons to submit comments on
each of the regulations being reviewed in the pilot phase of this
program. In particular, commenters are asked to address:
1. Whether the regulation is consistent with CPSC program goals.
2. Whether the regulation is consistent with other CPSC
regulations.
3. Whether the regulation is current with respect to technology,
economic, or market conditions, and other mandatory or voluntary
standards.
4. Whether the regulation can be streamlined to minimize regulatory
burdens, particularly any such burdens on small entities.
For each regulation being reviewed in this pilot program, please
provide any specific recommendations for change(s), if viewed as
necessary, a justification for the recommended change(s), and, with
respect to each suggested change, a statement of the way in which the
change can be accomplished within the statutory framework of the CPSA,
FHSA, FFA, or PPPA, as applicable.
Comments and other submissions should be captioned ``Pilot
Regulatory Review Project'' and mailed to the Office of the Secretary,
Consumer Product Safety Commission, Washington, DC 20207, or delivered
to that office, room 502, 4330 East-West Highway, Bethesda, Maryland
20814. Comments and other submissions may also be filed by facsimile to
(301) 504-0127 or by e-mail to cpsc-os@cpsc.gov.
All comments and other submissions must be received by March 29,
2004.
Dated: January 22, 2004.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 04-1744 Filed 1-27-04; 8:45 am]
BILLING CODE 6355-01-P