<DOC>
[April 30, 2007 (Volume 72, Number 82)]
[Unified Agenda]
From the Federal Register Online via GPO Access [frwais.access.gpo.gov]
[DOCID: f:ua070447.wais]
[Page 23448-23457]
Consumer Product Safety Commission
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Part XLVII
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Semiannual Regulatory Agenda
[[Page 23448]]
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 businesses, small organizations, and
other small entities. Written comments concerning the agenda should be
received in the Office of the Secretary by May 30, 2007.
ADDRESSES: Comments on the regulatory flexibility agenda should be
captioned ``Regulatory Flexibility Agenda'' and be e-mailed to cpsc-
os@cpsc.gov or filed by fax to (301) 504-0127. Comments may also be
mailed or delivered to the Office of the Secretary, Consumer Product
Safety Commission, Room 502, 4330 East-West Highway, Bethesda, MD
20814-4408.
FOR FURTHER INFORMATION CONTACT: For further information on the agenda
in general, contact Barbara E. Parisi, Office of the General Counsel,
Consumer Product Safety Commission, 4330 East-West Highway, Bethesda,
MD 20814-4408; Telephone (301) 504-7879. 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 to 612) contains several provisions intended to reduce
unnecessary and disproportionate regulatory requirements on small
businesses, small governmental organizations, and other small entities.
Section 602 of the RFA (5 U.S.C. 602) requires each agency to publish
twice each year a regulatory flexibility agenda containing a brief
description of the subject area of any rule expected to be proposed or
promulgated that is likely to have a ``significant economic impact'' on
a ``substantial number'' of small entities. The agency must also
provide a summary of the nature of the rule, and a schedule for acting
on each rule for which the agency has issued a notice of proposed
rulemaking.
The regulatory flexibility agenda is also required to contain
the name and address of the agency official knowledgeable about the
items listed. Further, agencies are required to provide notice of
their agendas to small entities and to solicit their comments by
direct notification, or by inclusion in publications likely to be
obtained by such entities.
Additionally, Executive Order 12866 requires each agency to
publish twice each year a regulatory agenda of regulations under
development or review during the next year, and states that such an
agenda may be combined with the agenda published in accordance with
the RFA. The regulatory flexibility agenda published below lists
the regulatory activities expected to be under development or
review during the next 12 months. It includes all such activities,
whether or not they may have a significant economic impact on a
substantial number of small entities. This agenda also includes
regulatory activities that appeared in the December 2006 agenda
that have been completed by the Commission prior to publication of
this agenda.
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, 4330 East-West
Highway, Bethesda, MD 20814-4408.
Dated: March 1, 2007.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
Consumer Product Safety Commission--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
3364 Flammability Standard for Upholstered Furniture....................................... 3041-AB35
3365 Amendment of the Standard for the Flammability of Clothing Textiles................... 3041-AB68
3366 Portable Bed Rails.................................................................... 3041-AB91
3367 Petition CP 04-1/HP 04-1 Requesting Mandatory Fire Safety Standards for Candles and 3041-AC22
Candle Accessories....................................................................
3368 Possible Revocation or Amendment of Standard for the Flammability of Mattresses and 3041-AC27
Mattress Pads (Cigarette Ignition)....................................................
3369 Regulatory Options for Infant Pillows................................................. 3041-AC30
3370 Regulatory Options for Lead Toy Jewelry............................................... 3041-AC41
----------------------------------------------------------------------------------------------------------------
[[Page 23449]]
Consumer Product Safety Commission--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
3371 All-Terrain Vehicles.................................................................. 3041-AC28
3372 Flammability Standards for Carpets and Rugs........................................... 3041-AC38
----------------------------------------------------------------------------------------------------------------
Consumer Product Safety Commission--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
3373 Amendment of Safety Regulations for Cribs............................................. 3041-AB67
3374 Safety Standard for Baby Bath Seats................................................... 3041-AC03
3375 Petition CP 03-1/HP 03-1 Requesting a Standard for Bunk Bed Corner Posts.............. 3041-AC10
3376 Mandatory Safety Standard for Cigarette Lighters...................................... 3041-AC25
3377 Proposed Standard To Address Open-Flame Ignition of Bedclothes........................ 3041-AC26
3378 Regulatory Options for Table Saws..................................................... 3041-AC31
3379 Fireworks Devices..................................................................... 3041-AC35
3380 Portable Generators................................................................... 3041-AC36
3381 Civil Penalty Factors................................................................. 3041-AC40
----------------------------------------------------------------------------------------------------------------
Consumer Product Safety Commission--Completed Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
3382 Petition HP 06-2 Requesting Labeling Exemption for Mini Sparklers..................... 3041-AC33
3383 Petition HP 06-1 Requesting Ban on Lead Toy Jewelry................................... 3041-AC34
3384 Labeling for Portable Generators...................................................... 3041-AC37
----------------------------------------------------------------------------------------------------------------
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Proposed Rule Stage
_______________________________________________________________________
3364. FLAMMABILITY STANDARD FOR UPHOLSTERED FURNITURE
Priority: Economically Significant. Major under 5 USC 801.
Legal Authority: 15 USC 1193, Flammable Fabrics Act; 5 USC 801
CFR Citation: 16 CFR 1640
Legal Deadline: None
Abstract: On October 23, 2003, the Commission issued an ANPRM to expand
the scope of the ongoing upholstered furniture flammability proceeding
to include both cigarette and small open flame-ignited fires. The staff
held a public meeting to discuss public comments on April 9, 2004. The
staff developed revised drafts of the standard addressing both
cigarette and small open flame ignition, and held public meetings on
October 28, 2004 and May 18, 2005 to present and discuss the revised
drafts. On January 31, 2006, the staff sent a status report describing
regulatory options to the Commission. The staff forwarded follow-up
status reports on various technical research efforts in November 2006
and December 2006. The staff continues to perform laboratory testing
and other research to support a possible proposed rule.
CPSC is also considering possible impacts of flame-retardant chemical
use on worker safety and the environment. The CPSC staff has evaluated
potential health risks associated with textile and foam filling
material flame retardants. At the CPSC staff's request, the National
Institute for Occupational Safety and Health studied potential worker
exposure to and risks from certain flame-retardant chemicals that may
be used by textile and furniture producers to comply with an
upholstered furniture flammability standard. NIOSH preliminarily
concluded that significant worker health effects were unlikely. CPSC
staff has also worked with the Environmental Protection Agency to (a)
develop a significant new use rule (SNUR) for flame-retardant compounds
used in residential upholstered furniture fabrics under that agency's
Toxic Substances Control Act Authority, and (b) identify and encourage
the use of environmentally-preferable flame retardants under a Design
for the Environment industry/government partnership. The Design for the
Environment report was published in September 2005. Further, at the
CPSC staff's request, the National Toxicology Program of the Department
of Health and Human Services is initiating health studies of several
flame retardants for which toxicity data are lacking.
[[Page 23450]]
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 06/15/94 59 FR 30735
Commission Hearing May 5 & 6,
1998 on Possible Toxicity of
Flame Retardant Chemicals 03/17/98 63 FR 13017
Meeting Notice 03/20/02 67 FR 12916
Notice of September 24 Public
Meeting 08/27/03 68 FR 51564
ANPRM 10/23/03 68 FR 60629
ANPRM Comment Period End 12/22/03
Staff Held Public Meeting 10/28/04
Staff Held Public Meeting 05/18/05
Staff Sends Status Report to
Commission 01/31/06
Staff Sends Status Report to
Commission 11/03/06
Staff Sends Status Report to
Commission 12/28/06
Staff Forwards Interlaboratory
Study Report to Commission 09/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Dale R. Ray, Project Manager, Consumer Product Safety
Commission, Directorate for Economic Analysis, 4330 East-West Highway,
Bethesda, MD 20814-4408
Phone: 301 504-7704
Email: dray@cpsc.gov
RIN: 3041-AB35
_______________________________________________________________________
3365. 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. An advance
notice of proposed rulemaking was published in the Federal Register on
September 12, 2002. The staff reviewed public comments and proposed
amendments for Commission consideration. On January 12, 2007, the
Commission voted to publish a notice of proposed rulemaking in the
Federal Register.
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
ANPRM Comment Period End 11/12/02
Staff Sends Briefing Package to
Commission 11/30/06
Commission Decision 12/08/06
Draft NPRM to Commission 01/10/07
Commission Decision on Draft
NPRM 01/12/07
NPRM 02/27/07 72 FR 8843
NPRM Comment Period End 05/14/07
Staff Sends Briefing Package to
Commission 09/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Patricia K. Adair, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, 4330 East-West
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7536
Email: padair@cpsc.gov
RIN: 3041-AB68
_______________________________________________________________________
3366. 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 allows children to become entrapped
between the portable bed rail and the bed. This entrapment can result
in serious injury or death. In October 2000, the Commission issued an
advance notice of proposed rulemaking (ANPRM) addressing this issue.
The ASTM standard for bed rails has since been revised and staff is
evaluating the adequacy of, and conformance to, the revised standard.
Following this evaluation, the Commission staff will prepare a briefing
package for Commission consideration as to whether to continue the
rulemaking.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Staff Sent 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 Sent Briefing Package to
Commission 10/01/01
Commission Decision 10/30/01
Staff Begins Evaluating
Conformance to Voluntary
Standard 10/01/05
Staff Sends Briefing Package to
Commission 12/00/07
Regulatory Flexibility Analysis Required: Undetermined
[[Page 23451]]
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Patricia L. Hackett, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, 4330 East-West
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7577
Email: phackett@cpsc.gov
RIN: 3041-AB91
_______________________________________________________________________
3367. PETITION CP 04-1/HP 04-1 REQUESTING MANDATORY FIRE SAFETY
STANDARDS FOR CANDLES AND CANDLE ACCESSORIES
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
2051, Consumer Product Safety Act; 15 USC 1261, Federal Hazardous
Substances Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The National Association of State Fire Marshals requests that
the Commission issue mandatory safety standards for candles and candle
accessories such as candleholders. The request was docketed as a
petition for rulemaking on March 10, 2004. A notice requesting comment
on the petition was published in the Federal Register on April 6, 2004.
The comment period closed on June 7, 2004. On July 10, 2006, CPSC staff
sent a briefing package to the Commission for consideration and
recommended that the Commission defer action on the petition. On July
19, 2006, the Commission voted 3-0 to defer the petition and directed
the staff to provide updates on the progress of voluntary standards
activities.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 03/10/04
Notice 04/06/04 69 FR 18059
Comment Period End 06/07/04
Staff Sends Briefing Package to
Commission 07/10/06
Commission Votes to Defer Action07/19/06
Staff Sends Update on Progress
of Voluntary Standards
Activities to Commission 04/00/07
Staff Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Allyson Tenney, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, 4330 East-West
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7567
Email: atenney@cpsc.gov
RIN: 3041-AC22
_______________________________________________________________________
3368. POSSIBLE REVOCATION OR AMENDMENT OF STANDARD FOR THE FLAMMABILITY
OF MATTRESSES AND MATTRESS PADS (CIGARETTE IGNITION)
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 1193, Flammable Fabrics Act
CFR Citation: 16 CFR 1632
Legal Deadline: None
Abstract: The Commission published an advance notice of proposed
rulemaking (ANPRM) in the Federal Register on June 23, 2005, requesting
comments on a rulemaking proceeding that could result in revoking or
amending its existing flammability standard that includes a test for
cigarette ignition of mattresses and mattress pads (16 CFR part 1632).
On January 13, 2005, the Commission issued a proposed flammability
standard for mattresses and mattress and foundation sets that
prescribes an open flame ignition test. Some commenters to that
rulemaking stated that they believe that once the new mattress standard
is in effect the cigarette ignition test currently required in 16 CFR
1632 will not be necessary and conducting both tests will be burdensome
for industry. The Commission issued this ANPRM to begin consideration
of whether the existing mattress standard should be revoked or amended.
The staff is analyzing the public comments. A research project
examining the criteria for self-sustained smoldering began in late
2006.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 06/23/05 70 FR 36357
ANPRM Comment Period End 08/22/05
Research Project Begins 09/30/06
Research Project Completed 09/00/07
Staff Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Patricia K. Adair, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, 4330 East-West
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7536
Email: padair@cpsc.gov
RIN: 3041-AC27
_______________________________________________________________________
3369. REGULATORY OPTIONS FOR INFANT PILLOWS
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 1500.18(a)(16)(i)
Legal Deadline: None
Abstract: On July 13, 2006, the Commission voted 3-0 to grant a
petition requesting that the Commission amend the ban on infant pillows
under 16 CFR 1500.18(a)(16)(i). The staff prepared a draft advance
notice of proposed rulemaking (ANPRM) concerning infant pillows to
initiate a rulemaking proceeding under the Federal Hazardous Substances
Act (FHSA) to identify the product and the risk of injury associated
with infant pillows, summarize regulatory alternatives, and invite
comments from the public. On September 27, 2006 the Commission issued
the ANPRM. Staff is reviewing public comments and will
[[Page 23452]]
develop a further course of action for Commission consideration.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Staff sends Draft ANPRM to
Commission 09/07/06
Commission Decision 09/14/06
ANPRM 09/27/06 71 FR 56418
ANPRM Comment Period Ends 11/27/06
Staff Sends Briefing Package to
Commission 09/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Suad Wanna-Nakamura, Ph.D, Project Manager, Consumer
Product Safety Commission, Directorate for Health Sciences, 4330 East-
West Highway, Bethesda, MD 20814-4408
Phone: 301 504-7252
Email: swanna-nakamura@cpsc.gov
RIN: 3041-AC30
_______________________________________________________________________
3370. [bull] REGULATORY OPTIONS FOR LEAD TOY JEWELRY
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: Not Yet Determined
Legal Deadline: None
Abstract: On December 11, 2006, the Commission voted 2-0 to grant a
petition requesting a ban on toy jewelry containing more than 0.06
percent lead by weight. On December 27, 2006, the Commission approved
an advance notice of proposed rulemaking (ANPRM), which was published
in the Federal Register on January 9, 2007. The public comment period
ends March 12, 2007. CPSC staff will review public comments and prepare
a briefing package for Commission consideration as to whether to
continue with rulemaking.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Commission Decision on Draft
ANPRM FR Notice 12/27/06
ANPRM Published 01/09/07 72 FR 920
Comment Period Ends 03/12/07
Staff Sends Briefing Package to
Commission 01/00/08
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Kristina Hatlelid, Ph.D., Project Manager, Consumer
Product Safety Commission, Directorate for Health Sciences, 4330 East-
West Highway, Bethesda, MD 20814-4408
Phone: 301 504-7254
Email: khatlelid@cpsc.gov
RIN: 3041-AC41
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Final Rule Stage
_______________________________________________________________________
3371. ALL-TERRAIN VEHICLES
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: Consumer Product Safety Act; 15 USC 1261; Federal
Hazardous Substances Act
CFR Citation: 16 CFR 1307 ; 16 CFR 1410; 16 CFR 1500; 16 CFR 1515
Legal Deadline: None
Abstract: On October 14, 2005, the Commission published an advance
notice of proposed rulemaking (ANPRM) concerning all terrain vehicles
(ATVs). Issuance of the ANPRM initiated a rulemaking proceeding under
the Consumer Product Safety Act (CPSA) and the Federal Hazardous
Substances Act (FHSA). After reviewing the regulatory alternatives and
the comments submitted in response to the ANPRM, the staff developed a
May 31, 2006, briefing package recommending that the Commission issue a
notice of proposed rulemaking (NPRM) that would formally ban three-
wheeled ATVs and mandate performance, training, labeling, and
information requirements for four-wheeled ATVs. Other non-regulatory
activities also were recommended, including the launch of an ATV safety
Web site and a two-phase information and education effort. A Commission
briefing was held on June 15, 2006. On July 12, 2006, the Commission
voted 3-0 to approve publication of the draft NPRM with changes in the
Federal Register. The NPRM was published on August 10, 2006, with a
comment closing date of October 24, 2006. Seven ATV manufacturers and
distributors requested a 60-day extension of the comment period. The
Commission granted their request, and the comment closing date was
extended to December 26, 2006. Staff is conducting research as directed
by the Commission in its vote on July 12, 2006.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Staff sends draft ANPRM to
Commission 09/15/05
Commission Decision 10/05/05
ANPRM 10/14/05 70 FR 60031
ANPRM Comment Period Closes 12/13/05
Staff Sends Briefing Package to
Commission 05/31/06
Commission Decision 07/12/06
NPRM 08/10/06 71 FR 45903
NPRM Comment Period Closes 10/24/06
NPRM Comment Period Extended 10/20/06 71 FR 61923
NPRM Comment Period Closes 12/26/06
Staff Completes Research
Directed by Commission 12/00/07
Staff Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Elizabeth W. Leland, Project Manager, Consumer Product
Safety Commission, Directorate for
[[Page 23453]]
Economic Analysis, 4330 East-West Highway, Bethesda, MD 20814-4408
Phone: 301 504-7706
Email: eleland@cpsc.gov
RIN: 3041-AC28
_______________________________________________________________________
3372. FLAMMABILITY STANDARDS FOR CARPETS AND RUGS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 15 USC 1193, Flammable Fabrics Act
CFR Citation: 16 CFR 1630; 16 CFR 1631
Legal Deadline: None
Abstract: The Consumer Product Safety Commission administers two
flammability standards for carpets and rugs: 16 CFR part 1630--Standard
for the Flammability of Carpets and Rugs, and 16 CFR part 1631--
Standard for the Surface Flammability of Small Carpets and Rugs. The
standards establish minimum acceptance criteria for the surface
flammability of carpets and rugs when exposed to a standard small
source of ignition under prescribed conditions (the ``pill test''). The
standards define the ignition source in relevant part as a methenamine
tablet, sold by the Eli Lilly Company, or an equal tablet. Commission
staff learned that the Eli Lilly Company was no longer producing the
methenamine tablets specified in the carpet and rug standards.
Accordingly, the Commission published a notice of proposed rulemaking
in the Federal Register on November 13, 2006 that would remove the
reference to the Eli Lilly Company and amend the standards to address
the issue of what is considered an ``equal'' methenamine tablet. The
comment period closed on January 29, 2007. Staff is preparing a final
rule briefing package.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Staff sent Briefing Package to
Commission 10/03/06
Commission Decision 10/10/06
Staff sends draft NPRM to
Commission 10/20/06
Commission Decision 10/31/06
NPRM 11/13/06 71 FR 66145
NPRM Comment Period End 01/29/07
Final Rule Briefing Package to
Commission 06/00/07
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Patricia K. Adair, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, 4330 East-West
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7536
Email: padair@cpsc.gov
RIN: 3041-AC38
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Long-Term Actions
_______________________________________________________________________
3373. 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 could
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. CPSC staff is currently assessing the
adequacy of and conformance with the voluntary standard. Following this
assessment, the staff will prepare a briefing package for Commission
consideration as to whether to continue the rulemaking.
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 Adequacy
of and Conformance with Revised
Voluntary Standard 03/27/01
Staff Completes Monitoring
Adequacy and Conformance To Be Determined
Staff Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Patricia L. Hackett, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, 4330 East-West
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7577
Email: phackett@cpsc.gov
RIN: 3041-AB67
[[Page 23454]]
_______________________________________________________________________
3374. SAFETY STANDARD FOR 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 staff briefed the
Commission on July 28, 2003, and the Commission received oral comments
from the public on the same date. The staff evaluated the comments
received at the hearing and sent a briefing package to the Commission.
In October of 2003, the Commission voted to direct the staff to prepare
a notice of proposed rulemaking for the Commission's consideration. On
December 29, 2003, the NPRM was published in the Federal Register. The
comment period closed on March 15, 2004. Since the NPRM, staff worked
with ASTM to revise the voluntary standard for bath seats (ASTM F1967).
The standard was revised in 2004 and again in 2007. Staff is currently
evaluating the adequacy of the revised standard. Following this
evaluation, staff will prepare a briefing package for Commission
consideration as to whether to continue the rulemaking.
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 05/08/03
Staff Briefed Commission 07/28/03
Hearing 07/28/03
Commission Decision 10/16/03
NPRM 12/29/03 68 FR 74878
NPRM Comment Period End 03/15/04
Staff Begins Monitoring Progress
of Voluntary Standard 10/01/05
Staff Completes Monitoring
Progress of Voluntary Standard To Be Determined
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, 4330 East-West
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7577
Email: phackett@cpsc.gov
Related RIN: Related to 3041-AB93
RIN: 3041-AC03
_______________________________________________________________________
3375. PETITION CP 03-1/HP 03-1 REQUESTING A STANDARD FOR BUNK BED CORNER
POSTS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
1262(j), Federal Hazardous Substances Act; 15 USC 2058(i), Consumer
Product Safety Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: A petition from the Danny Foundation requests that the
Commission establish a standard to address an alleged hazard of
strangulation posed by bunk bed corner posts. The petitioner asserts
that due to the height of bunk beds, corner posts on bunk beds pose a
substantial risk to children when the children's clothing, bedding, or
other items become caught on the corner posts. On November 8, 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 January 7, 2003. On April 13, 2004, the staff sent a
briefing package to the Commission on this issue. On July 30, 2004, the
Commission voted to defer action on the petition while the staff
continues to work with the ASTM bunk bed subcommittee on this issue. A
revised voluntary standard for bunk beds was published in October 2004
that incorporates warning language about hangings associated with bunk
beds and attaching items to the bed. CPSC staff is working with the
subcommittee to develop requirements to address strangulation hazards
with vertical protrusions. Three ASTM subcommittee ballots addressing
vertical protrusions have occurred. In February 2007, the language was
balloted at ASTM main committee. Staff will attend a March 2007 ASTM
meeting where comments and votes from both the main committee and
subcommittee will be reviewed.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 10/23/02
Notice 11/08/02 67 FR 68107
Comment Period End 01/07/03
Staff Sends Briefing Package to
Commission 04/13/04
Commission Votes To Defer Action07/30/04
Staff Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Agency Contact: Susan Bathalon, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, 4330 East-West
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7566
Email: sbathalon@cpsc.gov
RIN: 3041-AC10
_______________________________________________________________________
3376. MANDATORY SAFETY STANDARD FOR CIGARETTE LIGHTERS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 5 USC 553(e); Administrative Procedure Act; 15 USC
2051; Consumer Product Safety Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In November 2001, a petition from the Lighter Association,
Inc. requested that the Commission issue a rule to adopt an ASTM
voluntary safety standard for cigarette lighters. In November 2004, the
Commission voted to grant the petition and initiate a rulemaking
proceeding. An ANPRM was published in April 2005 and the comment period
closed on June 10, 2005. Staff completed monitoring
[[Page 23455]]
conformance of lighters with the voluntary standard, and sent a status
report to the Commission for consideration in October 2006.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Staff Sent Draft ANPRM to
Commission 03/25/05
Commission Decision 03/31/05
ANPRM 04/11/05 70 FR 18339
ANPRM Comment Period End 06/10/05
Staff Begins Monitoring of
Conformance with Voluntary
Standard 10/01/05
Staff Completes Monitoring of
Conformance with Voluntary
Standard 05/15/06
Staff Sent Status Report to
Commission 10/10/06
Staff Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Rohit Khanna, Project Manager, Consumer Product Safety
Commission, Directorate for Engineering Sciences, 4330 East-West
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7546
Email: rkhanna@cpsc.gov
RIN: 3041-AC25
_______________________________________________________________________
3377. PROPOSED STANDARD TO ADDRESS OPEN-FLAME IGNITION OF BEDCLOTHES
Priority: Economically Significant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 15 USC 1193; Flammable Fabrics Act; 5 USC 801
CFR Citation: 16 CFR 1634
Legal Deadline: None
Abstract: On January 13, 2005, 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 open-flame
ignition of bedclothes. Bedclothes are a major contributor to mattress
ignition. Commission staff reviewed research indicating that mattresses
and bedclothes operate together as a system in fires involving
mattresses. Research has suggested that improved flammability
performance of some bedclothes can reduce the fire hazard. The
Commission staff will review public comments received on the ANPRM and
conduct research on the fire hazard presented by burning bedclothes and
the relationship with mattresses. Staff will prepare a decision package
for Commission consideration.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 01/13/05 70 FR 2514
ANPRM Comment Period End 03/14/05
Staff Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Allyson Tenney, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, 4330 East-West
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7567
Email: atenney@cpsc.gov
RIN: 3041-AC26
_______________________________________________________________________
3378. REGULATORY OPTIONS FOR TABLE SAWS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC
2051, Consumer Product Safety Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On July 11, 2006, the Commission voted 2-1 to grant a
petition requesting that the Commission issue a rule prescribing
performance standards for a system to reduce or prevent injuries from
contacting the blade of a table saw. The Commission also directed the
staff to prepare an advance notice of proposed rulemaking (ANPRM)
initiating a rulemaking proceeding under the Consumer Product Safety
Act (CPSA) to identify the product and the risk of injury associated
with table saw blade contact injuries, summarize regulatory
alternatives, and invite comments from the public. A draft advance
notice of proposed rulemaking will be prepared for Commission
consideration.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Staff Sends ANPRM to Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Caroleene Paul, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, 4330 East-West
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7540
Email: cpaul@cpsc.gov
RIN: 3041-AC31
_______________________________________________________________________
3379. FIREWORKS DEVICES
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: 16 CFR 1500; 16 CFR 1507
Legal Deadline: None
Abstract: The staff prepared a draft advance notice of proposed
rulemaking (ANPRM) concerning fireworks devices requesting comments on
whether there is a need for the agency to update and strengthen its
regulation of fireworks devices and sent it to the Commission for
consideration on June 26, 2006. On June 30, 2006, the Commission voted
3-0 to issue an advance notice of proposed rulemaking. The ANPRM was
issued on July 12, 2006. The comment period on the ANPRM closed on
September 11, 2006. Commission staff is evaluating comments received.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Staff sends draft ANPRM to
Commission 06/26/06
Commission Decision 06/30/06
ANPRM 07/12/06 71 FR 39249
Comment Period Closes 09/11/06
[[Page 23456]]
Staff Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: James Joholske, Compliance Officer, Office of
Compliance, Consumer Product Safety Commission, 4330 East-West Highway,
Bethesda, MD 20814
Phone: 301 504-7527
Email: jjoholske@cpsc.gov
RIN: 3041-AC35
_______________________________________________________________________
3380. PORTABLE GENERATORS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 2051, Consumer Product Safety Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On December 5, 2006, the Commission voted 2-0 to issue an
advance notice of proposed rulemaking (ANPRM) under the Consumer
Product Safety Act (CPSA) concerning portable generators. The ANPRM
discusses regulatory options that could reduce portable generator-
related deaths and injuries, particularly those related to carbon
monoxide poisoning. The ANPRM was published in the Federal Register on
December 12, 2006. Staff is reviewing public comments.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Staff Sends ANPRM to Commission 06/29/06
Staff Sends Supplemental
Material to Commission 10/12/06
Staff Briefs Commission 10/26/06
Commission Decision 10/26/06
Staff Sends Draft ANPRM to
Commission 11/21/06
ANPRM Published 12/12/06 71 FR 74472
Comment Period Ends 02/12/07
Staff Sends NPRM Briefing
Package to Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: Janet L. Buyer, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, 4330 East-West
Highway, Bethesda, MD 20814
Phone: 301 504-0508
Email: jbuyer@cpsc.gov
RIN: 3041-AC36
_______________________________________________________________________
3381. CIVIL PENALTY FACTORS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 15 USC 2069(b) and (c), Consumer Product Safety Act
CFR Citation: 16 CFR 1119
Legal Deadline: None
Abstract: Section 20(b) and (c) of the Consumer Product Safety Act, 15
USC 2069(b) and (c), require certain factors to be considered in
assessing and compromising civil penalties. The Commission proposed a
new interpretive rule that identifies and explains other factors that
may be considered by the Commission and staff in evaluating the
appropriateness and amount of a civil penalty. On July 12, 2006, the
Commission solicited comments on a proposed new interpretive rule. The
comment period closed on August 11, 2006. CPSC staff will prepare a
briefing package for Commission consideration concerning the content of
a possible final interpretive rule.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Notice of Proposed Interpretive
Rule 07/12/06 71 FR 39248
Comment Period End 08/12/06
Staff Sends Briefing Package to
Commission To Be Determined
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Agency Contact: John Gibson Mullan, Assistant Executive Director,
Compliance and Field Operations, Consumer Product Safety Commission,
4330 East-West Highway, Bethesda, MD 20814
Phone: 301 504-7626
Email: jmullan@cpsc.gov
RIN: 3041-AC40
_______________________________________________________________________
Consumer Product Safety Commission (CPSC) Completed Actions
_______________________________________________________________________
3382. PETITION HP 06-2 REQUESTING LABELING EXEMPTION FOR MINI SPARKLERS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 1261, Federal Hazardous Substances Act
CFR Citation: None
Legal Deadline: None
Abstract: Octavius Hunt requested that the Commission exempt mini
sparkler tubes from the labeling requirement for sparklers that states
that they must say ``For Outdoor Use Only.'' The request for the
labeling exemption was docketed as petition number HP 06-2 under the
Federal Hazardous Substances Act, 15 U.S.C. 1261 to 1278. A notice
requesting comment on the petition was published in the Federal
Register on June 27, 2006. Staff transmitted a briefing package to the
Commission on December 14, 2006; the Commission voted to deny the
petition on January 4, 2007.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 06/08/06
Notice of Comment Period 06/27/06 71 FR 36524
Comment Period End 08/28/06
Staff Sends Briefing Package to
Commission 12/14/06
Commission Votes to Deny
Petition 01/04/07
[[Page 23457]]
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Jonathan Midgett, Engineering Psychologist, Consumer
Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814
Phone: 301 504-7692
Email: jmidgett@cpsc.gov
RIN: 3041-AC33
_______________________________________________________________________
3383. PETITION HP 06-1 REQUESTING BAN ON LEAD TOY JEWELRY
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 553, Administrative Procedure Act; 15 USC 1261,
Federal Hazardous Substances Act
CFR Citation: None
Legal Deadline: None
Abstract: The Sierra Club requested a ban on toy jewelry containing
more than 0.06 percent lead by weight. The request was docketed as a
petition for rulemaking on May 16, 2006. A notice requesting comment on
the petition was published in the Federal Register on June 20, 2006.
The comment period closed on August 21, 2006. CPSC staff transmitted a
briefing package to the Commission on December 4, 2006; the Commission
voted 2-0 to grant the petition on December 11, 2006.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Petition Docketed 05/16/06
Notice of Comment Period 06/20/06 71 FR 35416
Comment Period End 08/21/06
Staff Sends Briefing Package to
Commission 12/04/06
Commission Decision 12/11/06
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Kristina Hatlelid, Ph.D., Project Manager, Consumer
Product Safety Commission, Directorate for Health Sciences, 4330 East-
West Highway, Bethesda, MD 20814-4408
Phone: 301 504-7254
Email: khatlelid@cpsc.gov
RIN: 3041-AC34
_______________________________________________________________________
3384. LABELING FOR PORTABLE GENERATORS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2076(e), Consumer Product Safety Act
CFR Citation: 16 CFR 1407
Legal Deadline: None
Abstract: On August 24, 2006, the Commission published a notice of
proposed rulemaking (NPRM) that would require manufacturers of portable
generators to label portable generators with performance and technical
data which would inform consumers of the potential carbon monoxide
poisoning hazard associated with portable generator use. Public
comments on the NPRM were due November 7, 2006. On January 4, 2007, the
Commission voted (2-0) to issue the final rule, with changes from the
NPRM. The final rule was published in the Federal Register on January
12, 2007, with an effective date of May 14, 2007. A correction to the
final rule was published on January 18, 2007.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/24/06 71 FR 50003
NPRM Comment Period End 11/07/06
Staff Sends Briefing Package to
Commission 12/29/06
Commission Decision 01/04/07
Final Rule 01/12/07 72 FR 1443
Final Rule Correction 01/18/07 72 FR 2184
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Timothy P. Smith, Project Manager, Consumer Product
Safety Commission, Division of Human Factors, Directorate for
Engineering Sciences, Washington, DC 20207
Phone: 301 504-7691
Email: tsmith@cpsc.gov
RIN: 3041-AC37
[FR Doc. 07-01253 Filed 04-27-07; 8:45 am]
BILLING CODE 6355-01-S