[Unified Agenda of Federal Regulatory and Deregulatory Actions] [Consumer Product Safety Commission Semiannual Regulatory Agenda] [From the U.S. Government Printing Office, www.gpo.gov] ----------------------------------------------------------------------- Part XLIX Consumer Product Safety Commission ----------------------------------------------------------------------- Semiannual Regulatory Agenda [[Page 31286]]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 June 30, 2003. ADDRESSES: Comments on the regulatory flexibility agenda should be mailed to the Office of the Secretary, Consumer Product Safety Commission, Washington, DC 20207-0001, 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 sent by fax to (301) 504-0127, or by e-mail to [email protected]. 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) 504-7630. 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: March 20, 2003. Todd Stevenson, Secretary, Consumer Product Safety Commission. Consumer Product Safety Commission--Prerule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 3812 Petition HP 01-1 Requesting Development of Performance Standard for Bicycle 3041-AB94 Handlebars.......................................................................... 3813 Petition HP 01-03 Requesting a Ban on Use of Chromated-Copper-Arsenate (CCA) Treated 3041-AB97 Wood in Playground Equipment........................................................ 3814 Petition CP 02-01 Requesting Rule Adopting ASTM F400, Safety Standard for Lighters 3041-AC01 as a Consumer Product Safety Standard............................................... 3815 Petition CP 02-3 Requesting a Standard for Hunting Tree Stands and a Ban of Waist 3041-AC07 Belt Restraints Used With Hunting Tree Stands....................................... 3816 Petition CP 02-2 Requesting Rule To Require Performance Standard for Auxiliary 3041-AC09 Hazard Lighting Systems on Snowmobiles.............................................. ---------------------------------------------------------------------------------------------------------------- [[Page 31287]] Consumer Product Safety Commission--Proposed Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 3817 Flammability Standard for Upholstered Furniture..................................... 3041-AB35 3818 Amendment of Safety Regulations for Cribs........................................... 3041-AB67 3819 Petition HP 00-2 Requesting a Rule Declaring Natural Rubber Latex a Strong 3041-AB88 Sensitizer.......................................................................... 3820 Portable Bed Rails.................................................................. 3041-AB91 3821 Proposed Standard To Address Open-Flame Ignition of Mattresses/Bedding.............. 3041-AC02 3822 Proposed Rule on Baby Bath Seats.................................................... 3041-AC03 3823 Possible Special Packaging Standard for Household Products Containing Hydroxides.... 3041-AC12 ---------------------------------------------------------------------------------------------------------------- Consumer Product Safety Commission--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 3824 Amendment of the Standard for the Flammability of Clothing Textiles................. 3041-AB68 3825 Test Method for Determining Applicability of Cautionary Labeling and Child-Resistant 3041-AC05 Packaging to Hydrocarbon-Containing Products in Spray Packaging..................... 3826 Petition CP 03-1/HP 03-1 Requesting Standard for Bunk Bed Cornerposts............... 3041-AC10 3827 Petition CP 02-4/HP 02-1 Requesting Ban of All-Terrain Vehicles Sold for Use of 3041-AC11 Children Under 16 Years Old......................................................... ---------------------------------------------------------------------------------------------------------------- Consumer Product Safety Commission--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 3828 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............................................ 3829 Proposed Ban of Candles With Lead-Containing Wicks and Wicks Sold for Candle-Making 3041-AB96 That Contain Lead................................................................... 3830 Petition CP 01-01 Requesting Rule Requiring Product Registration Cards for Products 3041-AB98 Intended for Children............................................................... 3831 Proposed Rule Exempting Certain Model Rocket Propellant Devices for Use With 3041-AC00 Lightweight Surface Vehicles........................................................ 3832 Standards of Conduct for Outside Attorneys Practicing Before the Consumer Product 3041-AC06 Safety Commission................................................................... ---------------------------------------------------------------------------------------------------------------- _______________________________________________________________________ Consumer Product Safety Commission (CPSC) Prerule Stage _______________________________________________________________________ 3812. 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 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 working with the ASTM International Task Group on Handlebars to explore the feasibility of developing voluntary performance requirements to address this risk of injury. The staff is preparing a briefing package for Commission consideration as to whether to grant, deny, or defer a decision on 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 05/00/03 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Federalism: Undetermined Agency Contact: Barbara J. Jacobson, Directorate for Health Sciences, [[Page 31288]] Consumer Product Safety Commission, Washington, DC 20207 Phone: 301 504-7305 Email: [email protected] RIN: 3041-AB94 _______________________________________________________________________ 3813. 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 reviewed comments received on the petition and conducted 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 staff's exposure and risk assessment was reviewed by outside experts. Commission staff prepared an options briefing package, including its risk assessment, that was sent to the Commission on February 7, 2003, for its consideration. The Commission held a public meeting on March 17-18, 2003, that included a briefing by CPSC staff members of their studies and evaluations, as well as testimony from interested public parties. The Commission staff is analyzing comments received at the hearing and after the hearing. 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 12/01/02 Staff Sent Briefing Package to Commission 02/07/03 Public Meeting 03/17/03 Commission Decision 07/00/03 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: 301 504-7263 Email: [email protected] RIN: 3041-AB97 _______________________________________________________________________ 3814. 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 Lighter Association submitted supplemental information in support of the petition on November 19, 2002. The staff is reviewing all information received and 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 07/00/03 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: 301 504-7305 Email: [email protected] RIN: 3041-AC01 _______________________________________________________________________ 3815. PETITION CP 02-3 REQUESTING A STANDARD FOR HUNTING TREE STANDS AND A 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 [[Page 31289]] 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 06/00/03 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: DeWane Ray, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Phone: 301 504-7547 RIN: 3041-AC07 _______________________________________________________________________ 3816. 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 05/00/03 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: 301 504-7691 Email: [email protected] RIN: 3041-AC09 _______________________________________________________________________ Consumer Product Safety Commission (CPSC) Proposed Rule Stage _______________________________________________________________________ 3817. FLAMMABILITY STANDARD FOR UPHOLSTERED FURNITURE Priority: Economically Significant. Major under 5 USC 801. Legal Authority: 15 USC 1191, 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 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 to receive comments and recommendations from interested parties. On June 18 and 19, 2002, the Commission staff held a public meeting to receive information on the upholstered furniture project. In February 2003 the staff forwarded a package to the Commission analyzing the information received at the meeting. The staff will present regulatory options to the Commission in 2003. The staff is also continuing to cooperate [[Page 31290]] with industry representatives and voluntary standards organizations to develop possible voluntary alternatives to CPSC's regulatory action. 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 Sent Analysis of Information From Public Meeting to the Commission 02/06/03 Staff Sends Regulatory Options to Commission 12/00/03 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: 301 504-7704 Email: [email protected] RIN: 3041-AB35 _______________________________________________________________________ 3818. 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 05/00/03 Commission Decision 06/00/03 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: 301 504-7577 Email: [email protected] RIN: 3041-AB67 _______________________________________________________________________ 3819. 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 require 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 asked Federal experts to review the staff's assessment of the health effects related to latex. The staff is incorporating comments from this review. [[Page 31291]] 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 Federal Expert Review Completed 10/28/02 Staff Sends Briefing Package to Commission 07/00/03 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: 301 504-7256 Email: [email protected] RIN: 3041-AB88 _______________________________________________________________________ 3820. 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 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 Sends Draft NPRM to Commission 05/00/03 Commission Decision on NPRM 06/00/03 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: 301 504-7577 Email: [email protected] RIN: 3041-AB91 _______________________________________________________________________ 3821. 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 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 12/00/03 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: 301 504-7530 Email: [email protected] Related RIN: Related To 3041-AB89 RIN: 3041-AC02 _______________________________________________________________________ 3822. 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 [[Page 31292]] ANPRM Comment Period End 10/01/01 Staff Sends Briefing Package to Commission 05/00/03 Commission Decision 06/00/03 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: 301 504-7577 Email: [email protected] Related RIN: Related To 3041-AB93 RIN: 3041-AC03 _______________________________________________________________________ 3823. [bull] POSSIBLE SPECIAL PACKAGING STANDARD FOR HOUSEHOLD PRODUCTS CONTAINING HYDROXIDES Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: 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: Sodium and potassium hydroxide are caustic substances found in many household products. In addition to sodium and potassium hydroxide, other hydroxides, such as calcium, lithium, and ammonium hydroxide are also found in consumer products. There are numerous reports of injuries, ranging from minor irritation to second degree burns of the oral cavity, esophagus, eyes, and skin resulting from exposure to these products. Because of the potential for injury to children, household substances in dry forms containing 10 percent or more by weight of free or chemically unneutralized sodium and/or potassium hydroxide, and all other household substances containing 2 percent or more by weight of free or chemically unneutralized sodium and/or potassium hydroxide currently require child resistant packaging under the Poison Prevention Packaging Act. Based upon new injury and toxicity information, the staff is considering whether to recommend: (1) requiring special packaging for all hydroxides, and (2) decreasing the percentage of sodium and potassium hydroxide for special packaging to be required. The staff is preparing a briefing package for Commission consideration. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Staff Sends Briefing Package to Commission 07/00/03 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: John W. Boja, Ph.D., Project Manager, Consumer Product Safety Commission, Directorate for Health Sciences Phone: 301 504-7300 Email: [email protected] RIN: 3041-AC12 _______________________________________________________________________ Consumer Product Safety Commission (CPSC) Long-Term Actions _______________________________________________________________________ 3824. 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 is reviewing public comments and will develop proposed amendments for Commission consideration. 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 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: 301 504-7530 Email: [email protected] RIN: 3041-AB68 [[Page 31293]] _______________________________________________________________________ 3825. 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: 301 504-7256 Email: [email protected] Related RIN: Related To 3041-AB57 RIN: 3041-AC05 _______________________________________________________________________ 3826. [bull] PETITION CP 03-1/HP 03-1 REQUESTING STANDARD FOR BUNK BED CORNERPOSTS 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 cornerposts. The petitioner asserts that due to the height of bunk beds, cornerposts on bunk beds pose a substantial risk to children when their clothing, bedding, or other items become caught on the cornerposts. 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. The staff is preparing a briefing package for consideration by the Commission. 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 To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Agency Contact: Debra J. Sweet, Project Manager, Consumer Product Safety Commission, Directorate for Epidemiology Phone: 301 504-7403 Email: [email protected] RIN: 3041-AC10 _______________________________________________________________________ 3827. [bull] PETITION CP 02-4/HP 02-1 REQUESTING BAN OF ALL-TERRAIN VEHICLES SOLD FOR USE OF CHILDREN UNDER 16 YEARS OLD Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 5 USC 553(e) Administrative Procedure Act; 15 USC 2056 Consumer Product Safety Act; 15 USC 1261 Federal Hazardous Substances Act CFR Citation: Not Yet Determined Legal Deadline: None Abstract: A petition from the Consumer Federation of America and several other groups requests that the Commission ban adult-sized four- wheel, all-terrain vehicles (ATVs) sold for the use of children under age 16. The petitioners assert that these ATVs pose an unreasonable risk of injury and death to children. In January 2003, the Commission released a risk analysis of ATV use. The Commission plans to hold a public hearing on June 5, 2003, in Morgantown, West Virginia. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Petition Docketed 09/26/02 Notice 10/18/02 67 FR 64353 Comment Period End 12/17/02 Comment Period Extended 12/26/02 67 FR 78776 Comment Period End 03/16/03 Notice of Public Hearing 04/23/03 68 FR 19975 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 Economics, Washington, DC 20207 Phone: 301 504-7706 Email: [email protected] RIN: 3041-AC11 [[Page 31294]] _______________________________________________________________________ Consumer Product Safety Commission (CPSC) Completed Actions _______________________________________________________________________ 3828. 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: Substantive, Nonsignificant Legal Authority: 15 USC 1261 to 1278, Federal Hazardous Substances Act CFR Citation: None 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 staff briefed the Commission in November 2002 and responded to follow-up questions in January and February 2003. The Commission decided to deny the petition in February 2003. 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 Sent Briefing Package to Commission 09/23/02 Commission Decision 02/20/03 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: Marilyn L. Wind Ph.D., Project Manager, Consumer Product Safety Commission, Directorate for Health Sciences, Washington, DC 20207 Phone: 301 504-7246 Email: [email protected] RIN: 3041-AB79 _______________________________________________________________________ 3829. PROPOSED BAN OF CANDLES WITH LEAD-CONTAINING WICKS AND WICKS SOLD FOR CANDLE-MAKING THAT CONTAIN LEAD Priority: Substantive, Nonsignificant Legal Authority: 15 USC 1261, Federal Hazardous Substances Act CFR Citation: 16 CFR 1500.12(a)(2); 16 CFR 1500.17(a)(13) 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 responded to the public comments received in response to the NPRM, and prepared a briefing package for Commission consideration. On April 4, 2003, the Commission voted to issue a final rule banning lead wick candles. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ ANPRM 02/20/01 66 FR 10863 ANPRM Comment Period End 04/23/01 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 Final Rule 04/18/03 68 FR 19142 Final Rule Effective 10/15/03 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: Kristina Hatlelid, Project Manager, Consumer Product Safety Commission, Directorate for Health Sciences, Washington, DC 20207 Phone: 301 504-7254 Email: [email protected] RIN: 3041-AB96 _______________________________________________________________________ 3830. PETITION CP 01-01 REQUESTING RULE REQUIRING PRODUCT REGISTRATION CARDS FOR PRODUCTS INTENDED FOR CHILDREN Priority: Economically Significant Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC 2065(b), Consumer Product Safety Act CFR Citation: None 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.'' The petitioner claimed that 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. In January 2003, the staff sent a briefing package for consideration by [[Page 31295]] the Commission. On March 7, 2003, the Commission voted to deny the petition. However, the Commission considers improving recall effectiveness to be a high priority and is planning a forum on the subject for May 2003. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Petition Docketed 07/10/01 Notice 08/01/01 66 FR 39737 Comment Period End 10/01/01 Staff Sent Briefing Package to the Commission 01/17/03 Commission Decision to Deny Petition 03/07/03 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: Celestine T. Kiss, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, Washingon, DC 20207 Phone: 301 504-7739 Email: [email protected] RIN: 3041-AB98 _______________________________________________________________________ 3831. 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 addressed public comments received in response to the NPRM and prepared a briefing package for the Commission to determine whether to issue a final rule. On January 30, 2003, the Commission published a final rule in the Federal Register. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 01/30/02 67 FR 4373 NPRM Comment Period End 04/15/02 Staff Sent Briefing Package to Commission 10/31/02 Final Rule 01/30/03 68 FR 4697 Final Rule Effective 01/30/03 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: 301 504-7770 Email: [email protected] Related RIN: Related To 3041-AB95 RIN: 3041-AC00 _______________________________________________________________________ 3832. STANDARDS OF CONDUCT FOR OUTSIDE ATTORNEYS PRACTICING BEFORE THE CONSUMER PRODUCT SAFETY COMMISSION Priority: Info./Admin./Other Legal Authority: None CFR Citation: None Legal Deadline: None Abstract: The Commission voted to publish a notice of proposed rulemaking 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. On April 16, 2003, the Commission voted to withdraw the notice of proposed rulemaking. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 11/06/00 65 FR 66515 NPRM Comment Period End 01/05/01 Withdrawn 04/25/03 68 FR 20356 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: 301 504-7631 Fax: 301 504-0403 Email: [email protected] RIN: 3041-AC06 [FR Doc. 03-7448 Filed 05-23-03; 8:45 am] BILLING CODE 6355-01-S