[The Regulatory Plan and Unified Agenda of Federal Regulations]
[Consumer Product Safety Commission Regulatory Plan]
[From the U.S. Government Printing Office, www.gpo.gov]


CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Statement of Regulatory Priorities
The U.S. Consumer Product Safety Commission is charged with protecting 
the public from unreasonable risks of death and injury associated with 
consumer products. To achieve this goal, the Commission:
 Participates in the development or revision of voluntary 
            product safety standards;
 Develops mandatory product safety standards when other, less 
            restrictive efforts are inadequate to address a safety 
            hazard;
 Obtains repair, replacement, or refund of the purchase price 
            for defective products which present a substantial product 
            hazard; or
 Develops information and education campaigns about the safety 
            of consumer products.
When deciding which of these approaches to take in any specific case, 
the Commission gathers the best available data about the nature and 
extent of the hazard presented by the product. The Commission then 
analyzes this information to determine the best way to reduce the 
hazard in each case.
The Commission's rules require the Commission to consider, among other 
factors, the following criteria when deciding the level of priority for 
any particular project:
 Frequency and severity of injury;
 Causality of injury;
 Chronic illness and future injuries;
 Cost and benefit of Commission action;
 Unforeseen nature of the risk;
 Vulnerability of the population at risk; and
 Probability of exposure to the hazard.
Additionally, if the Commission proposes a mandatory safety standard to 
address a risk of injury associated with a particular product, the 
Commission is generally required to develop the least burdensome 
requirements that adequately protect the public.
The Commission's statutory authority requires it to rely on voluntary 
standards rather than mandatory standards whenever a voluntary standard 
is likely to result in the elimination or adequate reduction of the 
risk of injury and whenever it is likely that there will be substantial 
compliance with the voluntary standard. As a result, much of the 
Commission's work involves cooperative efforts with other participants 
in the voluntary standard-setting process rather than the promulgation 
of mandatory standards.
In fiscal year 1996, the Commission's significant rulemaking activities 
will involve development of options to address risks of fire associated 
with upholstered furniture ignited by small, open-flame sources, and 
development of performance requirements for bicycle helmets as directed 
by the Children's Bicycle Helmet Safety Act of 1994. These projects are 
described in detail below.
Both of these rulemaking proceedings in the Commission's 1996 
regulatory plan are related to protection of vulnerable populations. 
Upholstered furniture fires kill and injure children, the elderly, and 
families and individuals with lower incomes disproportionately to the 
representation of these persons in the population. Children younger 
than 10 years old are more likely to suffer head injuries in accidents 
associated with bicycles. The Commission's proposed standard for 
bicycle helmets, which Congress directed the Commission to develop, 
includes a requirement to prevent the helmet from coming off the 
rider's head and other provisions that are specifically applicable to 
the safety of helmets intended for children.
The emphasis on these two rulemaking activities in the Commission's 
1996 regulatory plan is consistent with the Commission's statutory 
mandate and its criteria for setting priorities. Additionally, the 
Commission's 1996 regulatory plan supports the President's goal to 
reduce the costs of health care by preventing injuries to those 
individuals who are among the most likely to be injured in accidents 
associated with the use of consumer products.
_______________________________________________________________________
CPSC

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                          PROPOSED RULE STAGE

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155. FLAMMABILITY STANDARD FOR UPHOLSTERED FURNITURE
Priority:


Economically Significant


Legal Authority:


 15 USC 1293 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 for upholstered furniture. The ANPRM announced 
that the regulatory alternatives under consideration include issuance 
of a mandatory standard to address risks of death, injury, and property 
damage from fires associated with ignition of upholstered furniture by 
small open-flame sources. (Fire hazards associated with ignition of 
upholstered furniture by cigarettes or large open-flame sources are 
outside the scope of this proceeding.) The Commission staff is now 
conducting a field study, product testing, and other technical research 
to determine whether it is advisable to develop a proposed standard to 
address ignition of upholstered furniture by small open-flame sources. 
The staff is preparing a briefing package for consideration by 
Commissioners of the agency which they will use in deciding whether to 
publish a proposed standard.


Statement of Need:


In 1992, approximately 650 deaths, more than 1,700 injuries, and $200 
million in property damage resulted from upholstered furniture fires in 
the United States.
The estimated societal cost of upholstered furniture fires in 1992 was 
about $3.6 billion, including about $500 million attributable to open-
flame fires and $2.6 billion attributable to smoking-related fires.
Although fires involving upholstered furniture ignited by smoking 
materials accounted for the majority of these losses, a significant 
portion involves upholstered furniture ignited by open-flame sources 
and is not addressed by any national standard or voluntary program. 
Many of these fires are ignited by small open-flame sources, such as 
lighters or matches.


Summary of the Legal Basis:


Section 4 of the Flammable Fabrics Act (FFA) (15 USC 1193) authorizes 
the Commission to issue a flammability standard or other regulation for 
a product of interior furnishing if the Commission determines that such 
a standard is ``needed to adequately protect the public against 
unreasonable risk of the occurrence of fire leading to death or 
personal injury, or significant property damage.'' No aspect of the 
Commission's regulatory proceeding is required by statute or court 
order.
The Commission's regulatory proceeding could lead to several results, 
one of which could be a mandatory standard requiring that upholstered 
furniture sold in the United States meet mandatory labeling 
requirements, or resist ignition from open-flame sources, or meet other 
performance criteria under test conditions specified in the standard.


Alternatives:



1. Continued deferral to the existing industry voluntary standard 
addressing only cigarette ignition of upholstered furniture and no 
standard at all addressing open-flame ignition.
2. Continued deferral to the existing industry voluntary standard 
addressing cigarette ignition of upholstered furniture and development 
of a voluntary standard to address small open-flame ignition.
3. Development of mandatory labeling requirements to address small 
open-flame ignition.


Anticipated Costs and Benefits:


The estimated annual cost of imposing a mandatory standard to address 
open-flame ignition of upholstered furniture will depend upon the test 
requirements imposed by the standard and the steps manufacturers must 
take to meet those requirements. Because the societal cost of fires 
involving upholstered furniture ignited by open-flame sources is about 
$500 million each year, the benefits of a mandatory standard to address 
the risk of open-flame ignition of upholstered furniture could be very 
significant, even if all such fires were not prevented.


Risks:


The estimated total cost to society from all residential fires 
associated with upholstered furniture is $3.6 billion. Societal costs 
associated with upholstered furniture fires are among the highest 
associated with any product subject to the Commission's authority. A 
voluntary or mandatory standard may have the potential to reduce 
significantly that portion of societal costs resulting from upholstered 
furniture fires ignited by small open-flame sources.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
ANPRM           59 FR 30735                                    06/15/94
ANPRM Comment Pe59 FR 30735                                    08/15/94
Staff Sends Briefing Package to Commission                     09/00/96
Small Entities Affected:


Undetermined


Government Levels Affected:


Undetermined


Agency Contact:
Dale R. Ray
Project Manager
Directorate for Economic Analysis
Consumer Product Safety Commission
Washington, DC 20207
Phone: 301 504-0962
RIN: 3041-AB35
_______________________________________________________________________
CPSC
156. SAFETY STANDARD FOR BICYCLE HELMETS
Priority:


Other Significant


Legal Authority:


 5 USC 553 Administrative Procedure Act


CFR Citation:


 16 CFR 1203


Legal Deadline:


 NPRM, Statutory, August 15, 1994.


Abstract:


The Children's Bicycle Helmet Safety Act of 1994 directs the Commission 
to begin a proceeding to issue a safety standard for bicycle helmets. 
That legislation also directs the Commission to designate appropriate 
existing standards for bicycle helmets as interim safety standards.
On August 15, 1994, the Commission published a notice of proposed 
rulemaking to begin a proceeding for issuance of a safety standard for 
bicycle helmets. The proposed standard includes impact-attenuation 
requirements, and other requirements derived from existing voluntary 
standards for bicycle helmets. The proposed standard also contains 
requirements to prevent helmets from coming off the rider's head during 
an accident, and other provisions specifically applicable to helmets 
intended for children.
In March 1995, the Commission designated the following standards as 
interim safety standards for bicycle helmets: (1) American National 
Standards Institute (ANSI) standard Z90.4-1984, Protective Headgear for 
Bicyclists; (2) ASTM standards F 1447-93 or F 1447-94, Standard 
Specification for Protective Headgear Used in Bicycling, incorporating 
the relevant provisions of ASTM F 1446-93 or F 1446-94, Standard Test 
Methods for Evaluating the Performance Characteristics of Protective 
Headgear, respectively; (3) Canadian Standard Association standard 
Cycling Helmets, CAN/CSA-D113.2-M89; (4) Snell Memorial Foundation 
(Snell) 1990 Standard for Protective Headgear for Use in Bicycling 
(designation B-90); (5) Snell 1990 Standard for Protective Headgear for 
Use in Bicycling, including March 9, 1994 Supplement (designation B-
90S); (6) Snell 1994 Standard for Protective Headgear for Use in Non-
Motorized Sports (designation N-94); (7) Snell 1995 Standard for 
Protective Headgear for Use With Bicycles B-95. Bicycle helmets 
manufactured after March 16, 1995, must conform with the requirements 
of one of these interim standards until the Commission issues a final 
standard for bicycle helmets.
The staff has revised the proposed standard. In October 1995, the 
Commission is expected to decide whether to publish a final standard 
based on the 1994 proposal or to revise and republish a proposed 
standard for additional public comment.


Statement of Need:


The Commission estimates that on average, one-half million injuries 
associated with bicycles are treated in hospital emergency rooms each 
year in the United States. Additionally, about 1,000 fatalities 
associated with bicycles occur each year, according to the National 
Safety Council. A study of bicycle use and hazard patterns conducted by 
the Commission in 1993 indicated that almost one-third of the injuries 
associated with bicycles involved the head. Information available to 
the Commission indicates that in recent years, almost two-thirds of all 
deaths associated with bicycles involved head injuries.
Younger children are particularly at risk of head injury. The 
Commission's study showed that one-half of the injuries to children 
younger than 10 years of age associated with bicycles involved the 
head, whereas the head was involved in only about one-fifth of the 
bicycle injuries to older children.


Summary of the Legal Basis:


The Children's Bicycle Helmet Safety Act of 1994 (section 205 of P. L. 
103-267, 108 Stat. 722, June 16, 1994) directs the Commission to begin 
a proceeding under provisions of section 553 of the Administrative 
Procedure Act (5 USC 553) to develop a standard for bicycle helmets. 
That legislation provides further that the standard shall include a 
provision to protect against the risk of a helmet coming off a rider's 
head and provisions to address risks of injury to children associated 
with riding bicycles.
The bicycle-helmet legislation also requires that bicycle helmets 
manufactured after March 15, 1995, must conform to one of three 
voluntary standards specified by that legislation or to ``any other 
standard that the Commission determines is appropriate'' until the 
Commission issues a final safety standard for bicycle helmets. On March 
23, 1995, the Commission published a notice in the Federal Register to 
designate and codify the following standards as interim safety 
standards for bicycle helmets: (1) American National Standards 
Institute (ANSI) standard Z90.4-1984, Protective Headgear for 
Bicyclists; (2) ASTM (formerly American Society for Testing and 
Materials) standards F 1447-93 or F 1447-94, Standard Specification for 
Protective Headgear Used in Bicycling, incorporating the relevant 
provisions of ASTM F 1446-93 or ASTM F 1446-94, Standard Test Methods 
for Equipment and Procedures Used in Evaluating the Performance 
Characteristics of Protective Headgear, respectively; (3) Canadian 
Standards Association standard, Cycling Helmets (CAN/CSA-D113.2-M89; 
(4) Snell Memorial Foundation (Snell) 1990 Standard for Protective 
Headgear for Use in Bicycling (designation B-90); (5) Snell 1990 
Standard for Protective Headgear for Use in Bicycling, including March 
9, 1994 Supplement (designation B-90S); (6) Snell 1994 Standard for 
Protective Headgear for Use in Non-Motorized Sports (designation N-94); 
(7) Snell 1995 Standard for Protective Headgear for Use With Bicycles, 
B-95.


Alternatives:


The Children's Bicycle Helmet Safety Act requires the Commission to 
review the requirements of the interim standards and to establish a 
final mandatory standard based on those requirements. Accordingly, the 
Commission cannot consider deferring to an existing voluntary standard 
or developing a new voluntary standard.
In theFederal Register of August 15, 1994, the Commission published a 
proposed safety standard for bicycle helmets. The proposed standard 
included an impact protection test, chin strap strength and 
effectiveness tests, and construction and labeling requirements. In 
October 1995, the Commission will decide whether to issue a final 
standard based on the 1994 proposal or revise and republish a proposed 
standard for additional public comment.


Anticipated Costs and Benefits:


After the final standard becomes effective, helmet manufacturers may 
incur costs to redesign helmets to meet the requirements of the 
standard. However, costs of redesign would be amortized over the course 
of production and are expected to be negligible on a per-unit basis. 
Costs of testing to support certificates of compliance with the final 
standard are not expected to increase because the vast majority of 
helmet manufacturers now use third-party certification programs for 
conformance to one of the interim standards. Similarly, most helmet 
manufacturers currently label their products. If manufacturers are 
given sufficient lead time for any changes to labels required by the 
final standard, any additional costs associated with labeling required 
by the final standard are expected to be insignificant.
The anticipated benefits of the standard are helmets, which if worn 
properly are less likely to come off the head in an accident; helmets 
which provide adequate coverage of critical areas of the head; and 
helmets which provide protection more suitable to younger children. 
These benefits could lead to a reduction in the number of deaths and 
serious head injuries from accidents associated with bicycles. Consumer 
confusion over differing standards would also be reduced by the 
creation of a single, uniform standard for bicycle helmets.


Risks:


Information available to the Commission indicates that several hundred 
thousand head injuries each year are associated with bicycles, and that 
more than 650 deaths each year result from those head injuries. Many of 
those deaths and injuries are to children younger than 10 years of age. 
The standard could prevent a portion of those deaths and injuries.


Timetable:
_______________________________________________________________________
Action                                 DFR Cite

_______________________________________________________________________
NPRM            59 FR 41719                                    08/15/94
NPRM Comment Per59 FR 41719                                    10/31/94
Designation of I60 FR 15231dards                               03/23/95
Staff Sends Revisions of Proposed Standard to Commission       09/14/95
Commission Decision                                            10/00/95
Small Entities Affected:


Undetermined


Government Levels Affected:


Undetermined


Agency Contact:
Scott Heh
Project Manager
Consumer Product Safety Commission
Directorate for Engineering Sciences
Washington, DC 20207
Phone: 301 504-0494
RIN: 3041-AB42
BILLING CODE 6355-01-F