[Federal Register: April 11, 2005 (Volume 70, Number 68)]
[Proposed Rules]
[Page 18338-18339]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ap05-35]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Chapter II
Fiscal Year 2005 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)
announces its fiscal year 2005 program for systematic review of its
current substantive regulations to ensure, to the maximum practical
extent, consistency among them and with respect to accomplishing
program goals. In fiscal year 2005, the following six regulations will
be evaluated: safety standard for cigarette lighters, 16 CFR part 1210;
safety standard for multi-purpose lighters, 16 CFR part 1212;
requirements for bicycles, 16 CFR part 1512; standards for the surface
flammability of carpets and rugs, 16 CFR parts 1630 and 1631; and
child-resistant packaging requirements for controlled drugs, 16 CFR
1700.14(a)(4).
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 the review.
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: Comments and submissions in response to this notice must be
received by June 10, 2005.
ADDRESSES: Comments and other submissions should be captioned ``Fiscal
Year 2005 Regulatory Review Project'' and be submitted by e-mail to
cpsc-os@cpsc.gov or by facsimile to (301) 504-0127. Comments may also
be submitted by mail 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.
FOR FURTHER INFORMATION CONTACT: Scott Heh, Office of Hazard
Identification and Reduction, U.S. Consumer Product Safety Commission,
Washington, DC 20207; telephone (301) 504-7646; e-mail sheh@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. The 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://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. In FY 2004, the Commission
conducted a pilot review program as the initial step in implementing
that recommendation. The notice announcing the pilot program appeared
in the Federal Register on January 28, 2004. 69 FR 4095. Based on the
success of the pilot
[[Page 18339]]
program, the Commission is now announcing the continuation of the
program for fiscal year 2005.
B. The Regulations Undergoing Review
A summary of each of the regulations being reviewed in fiscal year
2005 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. Safety Standards for Cigarette Lighters and Multi-Purpose Lighters
The safety standards for cigarette lighters and multi-purpose
lighters appear at 16 CFR parts 1210 and 1212. These rules were
promulgated, respectively, in 1993 (cigarette lighters, 58 FR 37584)
and 1999 (multi-purpose lighters, 64 FR 71872). Both safety standards
set child-resistance requirements for lighters, designed to impede
their successful operation by children under age five. Both regulations
were issued under the authority of the CPSA.
For the purposes of this regulatory review, both safety standards
have two pertinent parts. Subpart A establishes the basic requirements
for child resistance, including detailed child-test protocols. Subpart
B outlines various certification, labeling, and recordkeeping
requirements.
2. Requirements for Bicycles
The requirements for bicycles appear at 16 CFR part 1512. 43 FR
60034 (December 22, 1978). The regulation includes a number of
mechanical and other requirements intended to reduce the risk of injury
from bicycles. Part 1512 was promulgated under authority of the FHSA.
3. Standards for Surface Flammability of Carpets and Rugs
The standards for surface flammability of carpets and rugs appear
at 16 FR parts 1630 and 1631. They were codified at those locations in
1975. 40 FR 59931 and 59935 (December 30, 1975). The standards were
originally issued in 1970 by the Department of Commerce. The standards
establish minimum standards for the surface flammability of carpets and
rugs when exposed to a standard small source of ignition, a burning
methenamine tablet, under prescribed conditions. Cleaning methods are
also prescribed in the standards for various carpet and rug types to
help assure permanence of any flame retardant treatments. The standards
were issued under authority of the FFA.
4. Controlled Substances
The Commission is reviewing the regulation at 16 CFR 1700.14(a)(4)
that requires child-resistant packaging for oral drugs subject to the
Comprehensive Drug Abuse Prevention and Control Act, 21 U.S.C. 801, et
seq. (controlled drugs). The regulation was promulgated under authority
of the PPPA in 1972, 37 FR 8433 (April 27, 1972).
C. Solicitation of Comments and Information
The Commission invites interested persons to submit comments on
each of the regulations being reviewed in the fiscal year 2005 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, 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 ``Fiscal Year
2005 Regulatory Review Project'' and e-mailed to cpsc-os@cpsc.gov or
faxed to (301) 504-0127. Comments or other submissions may also be
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. All comments and
other submissions must be received by June 10, 2005.
Dated: April 4, 2005.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 05-7105 Filed 4-8-05; 8:45 am]
BILLING CODE 6355-01-P