[Federal Register Volume 70, Number 68 (Monday, April 11, 2005)]
[Proposed Rules]
[Pages 18338-18339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7105]


=======================================================================
-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Chapter II


Fiscal Year 2005 Program for Systematic Review of Commission 
Regulations; Request for Comments and Information

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of systematic review of current regulations.

-----------------------------------------------------------------------

SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) 
announces its fiscal year 2005 program for systematic review of its 
current substantive regulations to ensure, to the maximum practical 
extent, consistency among them and with respect to accomplishing 
program goals. In fiscal year 2005, the following six regulations will 
be evaluated: safety standard for cigarette lighters, 16 CFR part 1210; 
safety standard for multi-purpose lighters, 16 CFR part 1212; 
requirements for bicycles, 16 CFR part 1512; standards for the surface 
flammability of carpets and rugs, 16 CFR parts 1630 and 1631; and 
child-resistant packaging requirements for controlled drugs, 16 CFR 
1700.14(a)(4).
    The primary purpose of the review is to assess the degree to which 
the regulations under review remain consistent with the Commission's 
program policies. In addition, each regulation will be examined with 
respect to the extent that it is current and relevant to CPSC program 
goals. Attention will also be given to whether the regulations can be 
streamlined, if possible, to minimize regulatory burdens, especially on 
small entities. To the degree consistent with other Commission 
priorities and subject to the availability of personnel and fiscal 
resources, specific regulatory or other projects may be undertaken in 
response to the results of the review.
    The Commission solicits written comments from interested persons 
concerning the designated regulations' currentness and consistency with 
Commission policies and goals, and suggestions for streamlining where 
appropriate. In so doing, commenters are requested to specifically 
address how their suggestions for change could be accomplished within 
the various statutory frameworks for Commission action under the 
Consumer Product Safety Act (CPSA), 15 U.S.C. 2051-2084, Federal 
Hazardous Substances Act (FHSA), 15 U.S.C. 1261-1278, Flammable Fabrics 
Act (FFA), 15 U.S.C. 1191-1204; and Poison Prevention Packaging Act 
(PPPA), 15 U.S.C. 1471-1476.

DATES: Comments and submissions in response to this notice must be 
received by June 10, 2005.

ADDRESSES: Comments and other submissions should be captioned ``Fiscal 
Year 2005 Regulatory Review Project'' and be submitted by e-mail to 
[email protected] or by facsimile to (301) 504-0127. Comments may also 
be submitted by mail to the Office of the Secretary, Consumer Product 
Safety Commission, Washington, DC 20207, or delivered to that office, 
Room 502, 4330 East-West Highway, Bethesda, Maryland 20814.

FOR FURTHER INFORMATION CONTACT: Scott Heh, Office of Hazard 
Identification and Reduction, U.S. Consumer Product Safety Commission, 
Washington, DC 20207; telephone (301) 504-7646; e-mail [email protected].

SUPPLEMENTARY INFORMATION: 

A. The Review Program

    The President's Office of Management and Budget has designed the 
Program Assessment Rating Tool (PART) to provide a consistent approach 
to rating programs across the Federal government. A description of the 
PART process and associated program evaluation materials is available 
online at: http://www.whitehouse.gov/omb/budintegration/part_assessing2004.html.
    Based on an evaluation of the Commission's regulatory programs 
using the PART, the recommendation was made that CPSC develop a plan to 
systematically review its current regulations to ensure consistency 
among them in accomplishing program goals. In FY 2004, the Commission 
conducted a pilot review program as the initial step in implementing 
that recommendation. The notice announcing the pilot program appeared 
in the Federal Register on January 28, 2004. 69 FR 4095. Based on the 
success of the pilot

[[Page 18339]]

program, the Commission is now announcing the continuation of the 
program for fiscal year 2005.

B. The Regulations Undergoing Review

    A summary of each of the regulations being reviewed in fiscal year 
2005 is provided below. The full text of the regulations may be 
accessed at: http://www.access.gpo.gov/nara/cfr/waisidx_03/16cfrv2_03.html.

1. Safety Standards for Cigarette Lighters and Multi-Purpose Lighters

    The safety standards for cigarette lighters and multi-purpose 
lighters appear at 16 CFR parts 1210 and 1212. These rules were 
promulgated, respectively, in 1993 (cigarette lighters, 58 FR 37584) 
and 1999 (multi-purpose lighters, 64 FR 71872). Both safety standards 
set child-resistance requirements for lighters, designed to impede 
their successful operation by children under age five. Both regulations 
were issued under the authority of the CPSA.
    For the purposes of this regulatory review, both safety standards 
have two pertinent parts. Subpart A establishes the basic requirements 
for child resistance, including detailed child-test protocols. Subpart 
B outlines various certification, labeling, and recordkeeping 
requirements.

2. Requirements for Bicycles

    The requirements for bicycles appear at 16 CFR part 1512. 43 FR 
60034 (December 22, 1978). The regulation includes a number of 
mechanical and other requirements intended to reduce the risk of injury 
from bicycles. Part 1512 was promulgated under authority of the FHSA.

3. Standards for Surface Flammability of Carpets and Rugs

    The standards for surface flammability of carpets and rugs appear 
at 16 FR parts 1630 and 1631. They were codified at those locations in 
1975. 40 FR 59931 and 59935 (December 30, 1975). The standards were 
originally issued in 1970 by the Department of Commerce. The standards 
establish minimum standards for the surface flammability of carpets and 
rugs when exposed to a standard small source of ignition, a burning 
methenamine tablet, under prescribed conditions. Cleaning methods are 
also prescribed in the standards for various carpet and rug types to 
help assure permanence of any flame retardant treatments. The standards 
were issued under authority of the FFA.

4. Controlled Substances

    The Commission is reviewing the regulation at 16 CFR 1700.14(a)(4) 
that requires child-resistant packaging for oral drugs subject to the 
Comprehensive Drug Abuse Prevention and Control Act, 21 U.S.C. 801, et 
seq. (controlled drugs). The regulation was promulgated under authority 
of the PPPA in 1972, 37 FR 8433 (April 27, 1972).

C. Solicitation of Comments and Information

    The Commission invites interested persons to submit comments on 
each of the regulations being reviewed in the fiscal year 2005 program. 
In particular, commenters are asked to address:
    1. Whether the regulation is consistent with CPSC program goals.
    2. Whether the regulation is consistent with other CPSC 
regulations.
    3. Whether the regulation is current with respect to technology, 
economic, or market conditions, and other mandatory or voluntary 
standards.
    4. Whether the regulation can be streamlined to minimize regulatory 
burdens, particularly any such burdens on small entities.
    For each regulation being reviewed, please provide any specific 
recommendations for change(s), if viewed as necessary, a justification 
for the recommended change(s), and, with respect to each suggested 
change, a statement of the way in which the change can be accomplished 
within the statutory framework of the CPSA, FHSA, FFA, or PPPA, as 
applicable.
    Comments and other submissions should be captioned ``Fiscal Year 
2005 Regulatory Review Project'' and e-mailed to [email protected] or 
faxed to (301) 504-0127. Comments or other submissions may also be 
mailed to the Office of the Secretary, Consumer Product Safety 
Commission, Washington, DC 20207, or delivered to that office, Room 
502, 4330 East-West Highway, Bethesda, Maryland 20814. All comments and 
other submissions must be received by June 10, 2005.

    Dated: April 4, 2005.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 05-7105 Filed 4-8-05; 8:45 am]
BILLING CODE 6355-01-P