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

Federal Register / Vol. 61, No. 231 / Friday, November 29, 1996 / The
                            Regulatory Plan

[[Page 62202]]

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 or banning rules 
            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; and
 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 
for a particular product, the Commission is generally required to make 
statutory cost-benefit findings and adopt the least burdensome 
requirements which 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 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 promulgating 
mandatory standards.
In fiscal year 1997, 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 1997 
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 are more 
likely than older riders 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 help prevent the helmet from coming off the 
rider's head in an accident and other provisions that are applicable to 
the safety of helmets intended for children.
The emphasis on these two rulemaking activities in the Commission's 
1997 regulatory plan is consistent with the Commission's statutory 
mandate and its criteria for setting priorities. Additionally, the 
Commission's 1997 regulatory plan supports the President's goal to 
reduce costs of health care by preventing injuries to 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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161. FLAMMABILITY STANDARD FOR UPHOLSTERED FURNITURE
Priority:


Economically Significant. Major status under 5 USC 801 is undetermined.


Legal Authority:


 15 USC 1193 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. This ANPRM was issued 
in response to a petition filed with the Commission requesting 
development of a mandatory flammability standard to address risks of 
ignition of upholstered furniture from: (1) small open-flame sources; 
(2) large open-flame sources; and (3) cigarettes. The ANPRM announced 
that one of the regulatory alternatives under consideration included 
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, such as matches or lighters. 
Fire hazards associated with ignition of upholstered furniture by large 
open-flame sources or by cigarettes are outside the scope of this 
proceeding. 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 industry compliance with, a voluntary program to 
reduce risks of ignition of upholstered furniture by cigarettes. 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. In February 1997, the staff is 
scheduled to transmit a briefing package which will present various 
alternatives for consideration by the Commissioners of the agency.


Statement of Need:


In 1993, approximately 670 deaths, more than 2,000 injuries, and $200 
million in property damage resulted from all residential fires in the 
United States in which upholstered furniture was the first item to 
ignite.
The estimated societal cost of upholstered furniture fires in 1993 was 
about $3.8 billion. Of that total cost, about $650 million was 
attributable to

[[Page 62203]]

fires resulting from open-flame ignition of upholstered furniture (by 
both small open-flame and large open-flame sources). The societal cost 
attributed to cigarette-ignited fires was approximately $2.5 billion in 
1993. Although upholstered furniture fires ignited by cigarettes 
accounted for the majority of the societal cost attributable to fires 
involving upholstered furniture, a significant portion of that total 
was associated with upholstered furniture fires ignited by open-flame 
sources. Many of the fires resulting from open-flame ignition of 
upholstered furniture were started by small open-flame sources, such as 
matches, lighters, or candles. These fires are not addressed by any 
national standard or voluntary program.


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:


The ANPRM stated that the Commission was considering the following 
alternatives: (1) The Commission could issue a mandatory flammability 
standard if the Commission finds that a standard is needed to address 
an unreasonable risk of the occurrence of fire from ignition of 
upholstered furniture by small open-flame sources. (2) The Commission 
could issue mandatory requirements for labeling of upholstered 
furniture, in addition to, or as an alternative, to the requirements of 
a mandatory flammability standard. (3) The Commission could terminate 
the proceeding for development of a flammability standard and rely on a 
voluntary standard if a voluntary standard could adequately address the 
risk of fire and substantial compliance with such a standard is likely 
to result.


Anticipated Costs and Benefits:


The estimated annual cost of imposing a mandatory standard to address 
ignition of upholstered furniture by small open-flame sources will 
depend upon the test requirements imposed by the standard and the steps 
manufacturers take to meet those requirements. The societal cost of 
fires involving upholstered furniture ignited by all open-flame sources 
is more than $500 million each year. For this reason, the potential 
benefits of a mandatory standard to address the risk of ignition of 
upholstered furniture by small open-flame sources could be significant, 
even if the standard did not prevent all such fires started by open-
flame sources.


Risks:


The estimated total cost to society from all residential fires 
associated with upholstered furniture was $3.8 billion in 1993. 
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 Period End                                       08/15/94
Staff Sends Briefing Package to Commission                     02/00/97
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
162. SAFETY STANDARD FOR BICYCLE HELMETS
Priority:


Other Significant. Major status under 5 USC 801 is undetermined.


Legal Authority:


 5 USC 553 Administrative Procedure Act; 15 USC 6004 Children's Bicycle 
Helmet Safety Act of 1994


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 included impact-attenuation 
requirements, and other requirements derived from existing voluntary 
standards for bicycle helmets. The proposed standard also contained 
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 
relevant provisions of ASTM F 1446-93 or F 1446-94, Standard Test 
Methods for Evaluating the Performance Characteristics of Protective 
Headgear; (3) Canadian Standard Association standard Cycling Helmets, 
CAN/CSA-D113.2-M89 CAN/CSA-D113.2-M89; (4) Snell Memorial Foundation 
(Snell) 1990 Standard for Protective Headgear for Use in Bicycling 
(designated B-90); (5) Snell 1990 Standard for Protective Headgear for 
Use in Bicycling, including March 9, 1994 Supplement (designated B-
90S); (6) Snell 1994

[[Page 62204]]

Standard for Protective Headgear for Use in Non-Motorized Sports 
(designated N-94); (7) Snell 1995 Standard for Protective Headgear for 
Use With Bicycles (designated 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.
After the staff evaluated public comments on the proposed standard and 
conducted additional research, the Commission revised the proposed 
safety standard for bicycle helmets. The Commission published the 
revised proposal for public comment on December 6, 1995. The staff is 
evaluating comments on the revised proposed standard. In November, the 
staff is scheduled to transmit a briefing package for consideration by 
the Commissioners of the agency when they decide whether to issue a 
final standard.


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, an average of 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 indicated 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 bicycle-related injuries 
to children younger than 10 years of age involved the head, whereas the 
head was involved in only about one-fifth of the bicycle-related 
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 bicycle-related injuries to 
children.
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 seven existing standards as interim safety 
standards for bicycle helmets. Those standards are listed above in the 
Abstract.


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 the Federal 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 the 
Federal Register of December 6, 1995, the Commission published a 
revised proposed safety standard for bicycle helmets to solicit written 
comments on the revised proposal.


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 almost 200,00 
head injuries each year are associated with bicycles, and that 500 to 
600 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 Period End                                        10/31/94
Designation of I60 FR 15231dards                               03/23/95
Revised NPRM    60 FR 62662                                    12/06/95
NPRM Comment Per60 FR 62662                                    02/20/96
Staff Sends Briefing Package to Commission                     11/00/96
Small Entities Affected:


None


Government Levels Affected:


None


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