[Federal Register Volume 69, Number 18 (Wednesday, January 28, 2004)]
[Proposed Rules]
[Pages 4095-4096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1744]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Chapter II


Pilot Program for Systematic Review of Commission Regulations; 
Request for Comments and Information

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of systematic review of current regulations.

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SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is 
undertaking a pilot program to systematically review its current 
substantive regulations to ensure, to the maximum practical extent, 
consistency among them and with respect to accomplishing program goals. 
The pilot is currently expected to be completed by the end of calendar 
year 2004. Depending on the results of the pilot, the availability of 
personnel and fiscal resources, and other priorities for action, the 
Commission would then develop and implement an expanded systematic 
review process to address the remainder of its substantive regulations.
    The primary purpose of the review is to assess the degree to which 
the regulations under review remain consistent with the Commission's 
program policies. In addition, each regulation will be examined with 
respect to the extent that it is current and relevant to CPSC program 
goals. Attention will also be given to whether the regulations can be 
streamlined, if possible, to minimize regulatory burdens, especially on 
small entities. To the degree consistent with other Commission 
priorities and subject to the availability of personnel and fiscal 
resources, specific regulatory or other projects may be undertaken in 
response to the results of this review.
    In the initial, pilot phase of this program the following four 
regulations will be evaluated: safety standard for walk-behind power 
mowers, 16 CFR part 1205; requirements for electrically operated toys 
and other electrically operated articles intended for use by children, 
16 CFR part 1505; standard for the flammability of vinyl plastic film, 
16 CFR part 1611; and child-resistant packaging requirements for 
aspirin and methyl salicylate, 16 CFR 1700.14(a)(1) and 1700.14(a)(3), 
respectively.
    The Commission solicits written comments from interested persons 
concerning the designated regulations' currentness and consistency with 
Commission policies and goals, and suggestions for streamlining where 
appropriate. In so doing, commenters are requested to specifically 
address how their suggestions for change could be accomplished within 
the various statutory frameworks for Commission action under the 
Consumer Product Safety Act (CPSA), 15 U.S.C. 2051-2084, Federal 
Hazardous Substances Act (FHSA), 15 U.S.C. 1261-1278, Flammable Fabrics 
Act (FFA), 15 U.S.C. 1191-1204; and Poison Prevention Packaging Act 
(PPPA), 15 U.S.C. 1471-1476.

DATES: Written comments and submissions in response to this notice must 
be received by March 29, 2004.

ADDRESSES: Comments and other submissions should be captioned ``Pilot 
Regulatory Review Project'' and mailed to the Office of the Secretary, 
Consumer Product Safety Commission, Washington, DC 20207, or delivered 
to that office, room 502, 4330 East-West Highway, Bethesda, Maryland 
20814. Comments and other submissions may also be filed by facsimile to 
(301) 504-0127 or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: N.J. Scheers, PhD, Director, Office of 
Planning & Evaluation, U.S. Consumer Product Safety Commission, 
Washington, DC 20207; telephone (301) 504-7670; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

A. The Pilot Review Program

    The President's Office of Management and Budget has designed the 
Program Assessment Rating Tool (PART) to provide a consistent approach 
to rating programs across the Federal government. A description of the 
PART process and associated program evaluation materials is available 
online at: http://www.whitehouse.gov/omb/budintegration/part_assessing2004.html.
    Based on an evaluation of the Commission's regulatory programs 
using the PART, the recommendation was made that CPSC develop a plan to 
systematically review its current regulations to ensure consistency 
among them in accomplishing program goals. The pilot review program 
launched with

[[Page 4096]]

this Federal Register notice is the initial step in implementing that 
recommendation.

B. The Regulations Undergoing Review

    A summary of each of the regulations being reviewed in the pilot 
phase of this program is provided below. The full text of the 
regulations may be accessed at: http://www.access.gpo.gov/nara/cfr/waisidx_03/16cfrv2_03.html.

1. Walk-Behind Power Mowers

    The safety standard for walk-behind power mowers appears at 16 CFR 
part 1205. It was promulgated in 1979. 44 FR 10024 (February 15, 1979). 
The standard prescribes safety requirements for certain walk-behind 
power lawnmowers, including labeling and performance requirements. The 
performance requirements apply to rotary mowers. The labeling 
requirements apply to both rotary and reel-type mowers. The standard is 
intended to reduce the risk of injury to consumers caused by contact, 
primarily of the foot and hand, with the rotating blade of the mower. 
The standard was issued under authority of the CPSA.

2. Electrically Operated Toys

    The requirements for electrically operated toys and other 
electrically operated articles intended for use by children appear at 
16 CFR part 1505. 38 FR 27032 (September 27, 1973). The regulation 
includes a number of requirements intended to reduce the risk of 
electrical, mechanical and/or thermal hazards. Part 1505 was 
promulgated under authority of the FHSA.

3. Standard for Flammability of Vinyl Plastic Film

    The standard for flammability of vinyl plastic film appears at 16 
CFR part 1611. It was codified at that location in 1975 under authority 
of the FFA. 40 FR 59894 (December 30, 1975). The standard was 
originally Commercial Standard 192-53, Flammability of General Purpose 
Vinyl Plastic Film, issued by the Department of Commerce, and later 
incorporated by Congress into the Flammable Fabrics Act of 1953. The 
standard establishes a minimum standard for the flammability of 
nonrigid, unsupported, vinyl plastic film including transparent, 
translucent, and opaque material, whether plain, embossed, molded or 
otherwise surface treated. Subpart A of part 1611 sets forth the 
standard. Subpart B contains the implementing regulations for the 
subpart A standard.

4. Salicylates

    The Commission is reviewing two regulations that require child-
resistant packaging for certain salicylate compounds. The first 
regulation, 16 CFR 1700.14(a)(1), requires child-resistant packaging 
for certain aspirin-containing oral drugs. The second, 16 CFR 
1700.14(a)(3), requires child-resistant packaging for certain products 
containing methyl salicylate (oil of wintergreen). These regulations 
were promulgated under authority of the PPPA. The aspirin regulation 
was originally issued in 1972, 37 FR 3427 (February 16, 1972). The 
methyl salicylate regulation was also issued in 1972, 37 FR 6184 (March 
25, 1972).

C. Possible Future Program

    The Commission expects that, subject to the availability of 
personnel and fiscal resources and the priority of other needs for 
Commission action, it would apply the results of the pilot program to 
developing and implementing a systematic review process for the 
remainder of its substantive regulations. This could involve review of 
19 regulations under the CPSA, 42 rules under the FHSA, 7 rules under 
the FHSA, and 31 rules under the PPPA. The CPSC rule under the 
Refrigerator Safety Act could also be a candidate for review.

D. Solicitation of Comments and Information

    The Commission invites interested persons to submit comments on 
each of the regulations being reviewed in the pilot phase of this 
program. In particular, commenters are asked to address:
    1. Whether the regulation is consistent with CPSC program goals.
    2. Whether the regulation is consistent with other CPSC 
regulations.
    3. Whether the regulation is current with respect to technology, 
economic, or market conditions, and other mandatory or voluntary 
standards.
    4. Whether the regulation can be streamlined to minimize regulatory 
burdens, particularly any such burdens on small entities.
    For each regulation being reviewed in this pilot program, please 
provide any specific recommendations for change(s), if viewed as 
necessary, a justification for the recommended change(s), and, with 
respect to each suggested change, a statement of the way in which the 
change can be accomplished within the statutory framework of the CPSA, 
FHSA, FFA, or PPPA, as applicable.
    Comments and other submissions should be captioned ``Pilot 
Regulatory Review Project'' and mailed to the Office of the Secretary, 
Consumer Product Safety Commission, Washington, DC 20207, or delivered 
to that office, room 502, 4330 East-West Highway, Bethesda, Maryland 
20814. Comments and other submissions may also be filed by facsimile to 
(301) 504-0127 or by e-mail to [email protected].
    All comments and other submissions must be received by March 29, 
2004.

    Dated: January 22, 2004.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 04-1744 Filed 1-27-04; 8:45 am]
BILLING CODE 6355-01-P