[Federal Register: July 24, 2007 (Volume 72, Number 141)]
[Proposed Rules]               
[Page 40265-40266]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jy07-29]                         

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Chapter II

 
Fiscal Year 2007 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 staff (CPSC or 
Commission) announces the fiscal year 2007 program for systematic 
review of current CPSC substantive regulations to ensure, to the 
maximum practical extent, consistency among them and with respect to 
accomplishing program goals. In fiscal year 2007, the following two 
regulations will be evaluated: Ban of Unstable Refuse Bins, 16 CFR part 
1301; and Requirements for Pacifiers, 16 CFR part 1511.
    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

[[Page 40266]]

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 staff 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 statutory frameworks for Commission action 
under the Consumer Product Safety Act (CPSA), 15 U.S.C. 2051-2084, and 
the Federal Hazardous Substances Act (FHSA), 15 U.S.C. 1261-1278.

DATES: Comments and submissions in response to this notice must be 
received by September 24, 2007.

ADDRESSES: Comments and other submissions should be captioned ``Fiscal 
Year 2007 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 or delivered to the Office of the Secretary, 
Consumer Product Safety Commission, Room 502, 4330 East-West Highway, 
Bethesda, Maryland 20814.

FOR FURTHER INFORMATION CONTACT: Linda Edwards, Office of Hazard 
Identification and Reduction, U.S. Consumer Product Safety Commission, 
4330 East-West Highway, Bethesda, Maryland 20814; telephone (301) 504-
7535; e-mail eedwards@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://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. 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 program, the Commission announced the continuation 
of the program for subsequent fiscal years.

B. The Regulations Undergoing Review

    A summary of each of the regulations being reviewed in fiscal year 
2007 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. Ban of Unstable Refuse Bins

    The Ban of Unstable Refuse Bins, 16 CFR part 1301, bans certain 
metal refuse bins having an internal volume of one cubic yard or 
greater to address the hazard of crushing due to tipover. The rule, 
which was established under the Consumer Product Safety Act and became 
effective on June 13, 1978, provides test methods to determine the 
stability of refuse bins.

2. Requirements for Pacifiers

    The Requirements for Pacifiers, 16 CFR part 1511, provides 
requirements whereby pacifiers are not banned under 16 CFR 
1500.18(a)(8). The rule provides performance requirements for guards or 
shields; protrusion limitations; structural integrity tests; a 
prohibition for attachments such as ribbons, strings, or cords; and 
labeling requirements. The rule, which was established under the 
Federal Hazardous Substances Act and became effective on February 26, 
1978, addresses mechanical hazards associated with pacifiers such as 
choking and suffocation.

C. Solicitation of Comments and Information

    The Commission staff invites interested persons to submit comments 
on each of the regulations being reviewed in the fiscal year 2007 
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 or FHSA, as applicable.
    Comments and other submissions should be captioned ``Fiscal Year 
2007 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 or delivered to the Office of the Secretary, Consumer Product 
Safety Commission, Room 502, 4330 East-West Highway, Bethesda, Maryland 
20814. All comments and other submissions must be received by September 
24, 2007.

    Dated: July 18, 2007.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
 [FR Doc. E7-14248 Filed 7-23-07; 8:45 am]
BILLING CODE 6355-01-P