[The Regulatory Plan and 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] [[Page 65347]] _______________________________________________________________________ Part L Consumer Product Safety Commission _______________________________________________________________________ Semiannual Regulatory Agenda [[Page 65348]]Consumer Product Safety Commission (CPSC) _______________________________________________________________________ CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Ch. II Regulatory Flexibility Act; Semiannual Regulatory Flexibility and Unified Agendas 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 December 31, 1999. ADDRESSES: Comments on the regulatory flexibility agenda should be mailed to the Office of the Secretary, Consumer Product Safety Commission, Washington, DC 20207; telephone: (301) 504-0800, or delivered to the Office of the Secretary, Room 502, 4330 East West Highway, Bethesda, Maryland 20814. Comments should be captioned ``Regulatory Flexibility Agenda.'' Comments may also be filed by telefacsimile 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, telephone (301) 504-0980, ext. 2218. 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. 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. For this edition of the Commission's regulatory agenda, the most important significant regulatory actions are included in The Regulatory Plan, which appears in part II of this issue of the Federal Register. The Regulatory Plan entries are listed in the table of contents below and are denoted by a bracketed bold reference, which directs the reader to the appropriate sequence number in part II. Dated: September 1, 1999. Sadye E. Dunn, Secretary, Consumer Product Safety Commission. Prerule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 4246 Amendment of the Standard for the Flammability of Clothing Textiles................ 3041-AB68 4247 Petition CP 97-1 Requesting Development of a Safety Standard for Escalators........ 3041-AB70 4248 Petition CP 99-1 Requesting a Ban of, or Warnings and Instructions for, Steel 3041-AB83 Electricians' Fish Tapes............................................................ 4249 Petition CP 99-2 Requesting Safety Standard for Bleachers and Grandstands.......... 3041-AB84 ---------------------------------------------------------------------------------------------------------------- Proposed Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 4250 Flammability Standard for Upholstered Furniture (Reg Plan Seq No. 158)............. 3041-AB35 [[Page 65349]] 4251 Baby Walkers....................................................................... 3041-AB40 4252 Requirements for Child-Resistant Packaging of Household Products Containing 3041-AB57 Petroleum Distillates or Other Hydrocarbons......................................... 4253 Amendment of Safety Regulations for Cribs.......................................... 3041-AB67 4254 Dive Sticks........................................................................ 3041-AB82 ---------------------------------------------------------------------------------------------------------------- References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register. Final Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 4255 Requirements for Child-Resistance of Multi-Purpose Lighters (Reg Plan Seq No. 159). 3041-AB66 4256 Amendment of Laundering Procedures in Flammability Standards for Children's 3041-AB69 Sleepwear, Carpets and Rugs, and Mattress Pads...................................... 4257 Requirements for Bunk Beds (Reg Plan Seq No. 160).................................. 3041-AB75 ---------------------------------------------------------------------------------------------------------------- References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register. Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 4258 Petition HP 93-1 Requesting Development of a Rule To Ban Certain Backyard Playsets. 3041-AB47 4259 Petition HP 99-1 for a Ban of Polyvinyl Chloride in Toys and Other Products 3041-AB79 Intended for Children 5 Years of Age and Under...................................... 4260 Petition FP 99-1 Requesting Labeling Rule for Polyurethane Foam in Upholstered 3041-AB81 Furniture........................................................................... ---------------------------------------------------------------------------------------------------------------- Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identification Number Number ---------------------------------------------------------------------------------------------------------------- 4261 Child Resistant Packaging of Consumer Products Containing Methacrylic Acid......... 3041-AB78 4262 Proposed Revocation of Amendments to the Standards for Flammability of Children's 3041-AB80 Sleepwear; Labeling for Tight-Fitting Sleepwear; Correction of Amendments to the Children's Sleepwear Standard....................................................... ---------------------------------------------------------------------------------------------------------------- _______________________________________________________________________ Consumer Product Safety Commission (CPSC) Prerule Stage _______________________________________________________________________ 4246. 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 is preparing 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 will [[Page 65350]] decide whether to begin a proceeding for amendment of the standard. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Staff Sends Briefing Package to Commission 12/00/99 Commission Decision 01/00/00 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Margaret Neily, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, Washington, DC 20207 Phone: 301 504-0508 RIN: 3041-AB68 _______________________________________________________________________ 4247. PETITION CP 97-1 REQUESTING DEVELOPMENT OF A SAFETY STANDARD FOR ESCALATORS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 5 USC 553(e) Administrative Procedure Act; 15 USC 2051 Consumer Product Safety Act CFR Citation: Not Yet Determined Legal Deadline: None Abstract: A petition from Scott and Diana Anderson requests development of a safety standard for escalators. The petition asserts that escalators are associated with unreasonable risks of serious injuries resulting from entrapment of feet, toes, and other body parts in openings between the moving stairs and the sides of the escalators. On May 22, 1997, the Commission published a notice in the Federal Register to solicit comments on the petition from all interested persons. The industry is conducting research to support possible improvements to the escalator code to address side-wall entrapments. The staff is preparing a briefing package for consideration by the Commission. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Notice To Solicit Comments on Petition 05/22/97 62 FR 28005 Comment Period End 07/21/97 Industry Completes Report and Makes Recommendations to Improve Code 09/30/99 Staff Sends Briefing Package to Commission 01/00/00 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Patricia Hackett, Project Manager, Consumer Product Safety Commission, Directorate for Health Sciences, Washington, DC 20207 Phone: 301 504-0494 RIN: 3041-AB70 _______________________________________________________________________ 4248. PETITION CP 99-1 REQUESTING A BAN OF, OR WARNINGS AND INSTRUCTIONS FOR, STEEL ELECTRICIANS' FISH TAPES Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 5 U.S.C. 553(e) Administrative Procedure Act; 15 USC 2051 Consumer Product Safety Act CFR Citation: Not Yet Determined Legal Deadline: None Abstract: A petition from John C. Stein requesting a ban of, or the requirement of warnings and instructions for, steel electricians' fish tapes. The petition asserts that steel electricians' fish tapes are associated with electrocution and injury resulting from the use of steel, which conducts electricity. On June 7, 1999, the Commission published a notice in the Federal Register to solicit comments on the petition from all interested persons. The staff will prepare a briefing package for consideration by the Commission. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Petition Docketed 05/19/99 Notice 06/07/99 64 FR 30323 Comment Period End 08/07/99 Staff Sends Briefing Package to Commission 02/00/00 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Agency Contact: Mohammed Khan, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, Washington, DC 20207 Phone: 301 504-0508 RIN: 3041-AB83 _______________________________________________________________________ 4249. PETITION CP 99-2 REQUESTING SAFETY STANDARD FOR BLEACHERS AND GRANDSTANDS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 5 USC 553(e) Administrtative Procedure Act; 15 USC 2051 Consumer Product Safety Act CFR Citation: Not Yet Determined Legal Deadline: None Abstract: A petition from Representatives Bill Luther and Jim Ramstad requests that the Commission develop a safety standard for bleachers and grandstands. The petitioners assert that there have been several recent incidents of children falling through gaps in bleacher seats at basketball and hockey arenas. They request that the Commission set a national standard that would include minimum spacing requirements for gaps between bleacher guardrails and between seats and footboards and other safety features for new bleachers. They also request guidelines for retrofitting older facilities. On August 26, 1999, the Commission published a notice in the Federal Register to solicit comments on the petition from all interested persons. The staff will prepare a briefing package for the Commission to consider. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Petition Docketed 08/10/99 Notice 08/26/99 64 FR 46657 Comment Period End 10/25/99 Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: 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-AB84 [[Page 65351]] _______________________________________________________________________ Consumer Product Safety Commission (CPSC) Proposed Rule Stage _______________________________________________________________________ 4250. FLAMMABILITY STANDARD FOR UPHOLSTERED FURNITURE Regulatory Plan: This entry is Seq. No. 158 in Part II of this issue of the Federal Register. RIN: 3041-AB35 _______________________________________________________________________ 4251. BABY WALKERS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 15 USC 1261 Federal Hazardous Substances Act; 15 USC 1262 Federal Hazardous Substances Act CFR Citation: 16 CFR 1500 Legal Deadline: None Abstract: On August 2, 1994, the Commission published an advance notice of proposed rulemaking (ANPRM) to begin a proceeding that may result in the issuance of mandatory design or performance requirements for baby walkers. A baby walker is a device that supports a child so that the child can use his or her feet to move about before or while learning to walk. Typically, a baby walker consists of a fabric seat that has leg openings and is mounted to a rigid plastic deck. The deck is attached to a base that is mounted on wheels to allow mobility. In 1994, an estimated 25,500 children younger than 15 months of age were treated in hospital emergency rooms for injuries associated with baby walkers. The majority of these injuries resulted from falls down stairs. Among the options under consideration by the Commission are mandatory performance or design requirements to reduce risks of injury associated with baby walkers, particularly those resulting to children from falls down stairs. In response to the Commission's work in this area, the industry approved revisions to the voluntary standard for baby walkers in 1996 to address the hazard of falling down stairs. The American Society for Testing and Materials (ASTM) standard contains performance requirements to address risks of injury to children from falls down stairs associated with baby walkers. The staff is currently assessing the extent of industry conformance with that voluntary standard, designated ``Standard Consumer Safety Specification for Infant Walkers,'' SF 977- 96, published by ASTM. The staff will send that information to the Commission together with options for Commission action, including withdrawal of the ANPRM or further regulatory proceedings. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ ANPRM 08/02/94 59 FR 39309 ANPRM Comment Period End 10/03/94 Staff Provided Technical Recommendations to Revise Voluntary Standard 12/16/94 Revised Voluntary Standard Approved 10/01/96 Voluntary Certification Program Began 06/30/97 Staff Began Monitoring Conformance to Revised Voluntary Standard 05/03/99 Staff Completes Monitoring Conformance 12/00/99 Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Barbara Jacobson, Project Manager, Consumer Product Safety Commission, Directorate for Health Sciences, Washington, DC 20207 Phone: 301 504-0477 RIN: 3041-AB40 _______________________________________________________________________ 4252. REQUIREMENTS FOR CHILD-RESISTANT PACKAGING OF HOUSEHOLD PRODUCTS CONTAINING PETROLEUM DISTILLATES OR OTHER HYDROCARBONS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 15 USC 1471 Poison Prevention Packaging Act CFR Citation: 16 CFR 1700.14(a) Legal Deadline: None Abstract: Some household products containing ten percent or more by weight of petroleum distillates are subject to requirements for child- resistant packaging by regulations issued under the Poison Prevention Packaging Act and codified at 16 CFR 1700.14(a). These products include liquid furniture polish (section 1700.14(a)(2)), lighter fluid (section 1700.14(a)(7)), and prepackaged solvents for paint (section 1700.14(a)(15)). However, many other household products containing petroleum distillates are not required to be in child-resistant packaging. On February 26, 1997, the Commission published an advance notice of proposed rulemaking (ANPRM) to initiate a proceeding which may result in mandatory requirements for child-resistant packaging of other household products containing petroleum distillates or other hydrocarbons. On April 28, 1997, the Commission extended the period for receipt of written comments on the ANPRM until July 11, 1997. In the Federal Register of July 21, 1997, the Commission reopened the comment period through September 1, 1997. The Commission will consider comments received in response to the ANPRM before deciding whether to propose requirements for child-resistant packaging of additional household products containing petroleum distillates or other hydrocarbons. The staff sent a briefing package to the Commission on August 11, 1999. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ ANPRM 02/26/97 62 FR 8659 Extension of ANPRM Comment Period 04/28/97 62 FR 22897 ANPRM Comment Period End 05/12/97 62 FR 8659 Comment Period End 07/11/97 62 FR 22897 Reopening of ANPRM Comment Period 07/21/97 62 FR 38948 Comment Period End 09/01/97 Staff Sent Briefing Package to Commission 08/11/99 Commission Decision 11/00/99 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Dr. Suzanne Barone, Project Manager, Consumer Product Safety Commission, Directorate for Health Sciences, Washington, DC 20207 Phone: 301 504-0477 RIN: 3041-AB57 _______________________________________________________________________ [[Page 65352]] 4253. 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 the American Society for Testing and Materials (ASTM) 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 03/00/00 Staff Begins Monitoring Conformance to Revised Voluntary Standard 06/00/00 Staff Completes Monitoring Conformance To Be Determined Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Deborah Tinsworth, Project Manager, Consumer Product Safety Commission, Directorate for Epidemiology, Washington, DC 20207 Phone: 301 504-0470 RIN: 3041-AB67 _______________________________________________________________________ 4254. DIVE STICKS Priority: Substantive, Nonsignificant Legal Authority: 15 USC 1261 Federal Hazardous Substances Act CFR Citation: 16 CFR 1500 Legal Deadline: None Abstract: On July 16, 1999 the Commission published an advance notice of proposed rulemaking (ANPRM) to begin a proceeding that may result in a ban of dive sticks with certain characteristics that cause them to be hazardous. Dive sticks are one of several types of devices used for underwater retrieval activities in swimming pools. They are typically made of rigid plastic, and are or can be weighted so that when dropped into water they sink and stand upright on the bottom. Many dive sticks have a cylindrically-shaped profile, while some have novel shapes like sharks or other sea creatures. Such dive sticks are constructed in such a manner that children can become impaled on them when they jump into shallow water where the dive sticks are oriented in an upright position. This impalement has resulted in serious injuries. The Commission will consider written comments received in response to the ANPRM before deciding whether to continue the proceeding by publication of a notice of proposed rulemaking (NPRM). Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ ANPRM 07/16/99 64 FR 38387 ANPRM Comment Period End 09/14/99 Staff Sends Briefing Package to Commission 01/00/00 Regulatory Flexibility Analysis Required: 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-AB82 [[Page 65353]] _______________________________________________________________________ Consumer Product Safety Commission (CPSC) Final Rule Stage _______________________________________________________________________ 4255. REQUIREMENTS FOR CHILD-RESISTANCE OF MULTI-PURPOSE LIGHTERS Regulatory Plan: This entry is Seq. No. 159 in Part II of this issue of the Federal Register. RIN: 3041-AB66 _______________________________________________________________________ 4256. AMENDMENT OF LAUNDERING PROCEDURES IN FLAMMABILITY STANDARDS FOR CHILDREN'S SLEEPWEAR, CARPETS AND RUGS, AND MATTRESS PADS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 15 USC 1191 Flammable Fabrics Act CFR Citation: 16 CFR 1615; 16 CFR 1616; 16 CFR 1630; 16 CFR 1631; 16 CFR 1632 Legal Deadline: None Abstract: Flammability standards for children's sleepwear, carpets and rugs, and mattress pads contain procedures for washing and drying specimens before testing to assure that flame retardants used in these products will not be removed by repeated laundering or cleaning. The laundering procedures in all of these standards currently require use of a detergent and washing methods that are no longer representative of those used for home laundering. In November 1998 the staff provided the Commission with a briefing package concerning the laundering procedures in these standards. It included modifications that may be needed to assure that the effect of laundering on the flammability of the products covered by these standards is assessed with equipment and methods currently used by consumers. Supplemental information on a suggested laundering procedure was submitted by the staff in February 1999. The Commission published proposed amendments to the standards, to represent more realistic laundering conditions. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Briefing Package to Commission 11/18/98 NPRM for Sleepwear 03/17/99 64 FR 13126 NPRM for Carpets and Rugs 03/17/99 64 FR 13132 NPRM for Mattresses and Mattress Pads 03/17/99 64 FR 13137 NPRM for Sleepwear Comment Period End 06/01/99 64 FR 13126 NPRM for Carpets and Rugs Comment Period End 06/01/99 64 FR 13132 NPRM for Mattresses and Mattress Pads Comment Period End 06/01/99 64 FR 13137 Staff Sends Briefing Package to Commission 11/00/99 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Margaret Neily, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, Washington, DC 20207 Phone: 301 504-0508 RIN: 3041-AB69 _______________________________________________________________________ 4257. REQUIREMENTS FOR BUNK BEDS Regulatory Plan: This entry is Seq. No. 160 in Part II of this issue of the Federal Register. RIN: 3041-AB75 _______________________________________________________________________ Consumer Product Safety Commission (CPSC) Long-Term Actions _______________________________________________________________________ 4258. PETITION HP 93-1 REQUESTING DEVELOPMENT OF A RULE TO BAN CERTAIN BACKYARD PLAYSETS 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 the New York City Department of Consumer Affairs requests the Commission to develop a rule to ban certain backyard playsets. The petition asserts that backyard playsets present unreasonable risks of injury to children if they do not meet the requirements of a voluntary standard for home playground equipment published by the American Society for Testing and Materials (ASTM); are not accompanied with adequate information about ground surfacing; or lack specific features described in the petition. On May 21, 1996, the Commission denied those parts of the petition requesting issuance of a rule to ban any backyard playset that does not conform to all requirements of the ASTM voluntary standard; that has an accessible height that exceeds six feet above protective surfacing; that does not have adequate fall zones under climbing structures; or that does not provide adequate space between any item of swinging equipment and any other item of swinging or stationary equipment. The Commission deferred a decision on those parts of the petition requesting a rule to ban backyard playsets that are not accompanied with instructions to use and maintain specified ground surfacing; that do not have handrails on all platforms that are 30 inches or higher above protective surfacing; that have swing seats made of wood, metal, plastic, or other hard material capable of inflicting serious injury to the head; that have free- swinging ropes; and that are unanchored playsets with swings. The staff will transmit additional information to the Commission concerning revisions of the voluntary standard. The Commission will then decide whether to grant, deny, or continue to defer the remaining requests in the petition. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Partial Denial of Petition 05/21/96 Revisions to Voluntary Standard Completed 07/10/98 Staff Began Monitoring Conformance to Voluntary Standard 08/10/99 Staff Completes Monitoring Conformance To Be Determined [[Page 65354]] Staff Sends Additional Information to Commission To Be Determined Commission Decision To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: John D. Preston, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, Washington, DC 20207 Phone: 301 504-0494 RIN: 3041-AB47 _______________________________________________________________________ 4259. PETITION HP 99-1 FOR A BAN OF POLYVINYL CHLORIDE IN TOYS AND OTHER PRODUCTS INTENDED FOR CHILDREN 5 YEARS OF AGE AND UNDER Priority: Other Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 15 USC 1261 to 1278 Federal Hazardous Substances Act CFR Citation: 16 CFR 1500 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 due on February 22, 1999. The Commission is establishing 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 Commission is also planning 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. Following completion of this work, the staff will send a briefing package to the Commission recommending that the Commission grant, deny, or defer the petition. 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 Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Marilyn L. Wind Ph.D., Project Manager, Consumer Product Safety Commission, Directorate for Health Sciences, Washington, DC 20207 Phone: 301 504-0477 RIN: 3041-AB79 _______________________________________________________________________ 4260. PETITION FP 99-1 REQUESTING LABELING RULE FOR POLYURETHANE FOAM IN UPHOLSTERED FURNITURE Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 5 USC 553(e) Administrative Procedure Act; 15 USC 1191 Flammable Fabrics Act CFR Citation: Not Yet Determined Legal Deadline: None Abstract: A petition from the National Association of State Fire Marshals (NASFM) requests the Commission to require labels under the Flammable Fabrics Act warning that polyurethane foam in upholstered furniture poses a fire hazard. NASFM asserts that polyurethane foam in upholstered furniture poses an unreasonable risk of fire because once ignited it burns rapidly and emits toxic gases. NASFM asks the Commission to require that upholstered furniture manufacturers and retailers provide flammability warnings to the public. On April 6, 1999, the Commission published a Federal Register notice to solicit public comments on the petition. The Commission has another ongoing rulemaking proceeding related to the risk of fire associated with upholstered furniture (RIN 3041-AB40) that may bear on the disposition of this petition. In 1994, CPSC published an ANPRM announcing the agency's intent to consider a possible rule or other alternatives to address the risk of upholstered furniture fires ignited by small open-flame sources, e.g., lighters, matches and candles. Such a rule could affect fabrics or other furniture components, including filling materials such as polyurethane foam. The Commission staff is evaluating the technical issues raised in the polyurethane foam petition as part of the larger regulatory development effort. The Commission's consideration of the petition will, therefore, be incorporated into the decision on how to proceed on the small open- flame matter. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Issuance of Federal Register Notice To Solicit Comments 04/06/99 64 FR 16711 Comment Period End 06/07/99 Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: 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-AB81 [[Page 65355]] _______________________________________________________________________ Consumer Product Safety Commission (CPSC) Completed Actions _______________________________________________________________________ 4261. CHILD RESISTANT PACKAGING OF CONSUMER PRODUCTS CONTAINING METHACRYLIC ACID Priority: Substantive, Nonsignificant Legal Authority: 15 USC 1471 Poison Prevention Packaging Act CFR Citation: 16 CFR 1700.14 Legal Deadline: None Abstract: Under section 2(b) of the Poison Prevention Packaging Act, the Commission can require a special packaging standard for cosmetics for home use. Methacrylic acid is a chemical used as a primer for cleaning and etching fingernails prior to applying artificial nails. Methacrylic acid is associated with severe corrosive injury on contact with skin, eyes, and mucous membranes. The staff transmitted a briefing package for the Commission's consideration in November 1998. The Commission voted to publish a notice of proposed rulemaking (NPRM) in December 1998. The Federal Register notice was published December 30, 1998. The staff sent the Federal Register notice and a letter requesting comment to a list of approximately 150 concerned parties on January 11, 1999. The Commission received five comments on the proposed rule. The staff updated the injury data and forwarded a final rule briefing package to the Commission on May 21, 1999. the Commission voted to publish a final rule requiring child-resistant packaging for household products containing more than 5 percent methacrylic acid, effective June 19, 2000. The Federal Register notice was published on June 18, 1999. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 12/30/98 63 FR 71800 NPRM Comment Period End 03/15/99 Staff Sends Option Package to Commission 05/21/99 Final Rule 06/18/99 64 FR 32799 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: Susan C. Aitkin, Project Manager, Consumer Product Safety Commission, Directorate for Health Sciences, Washington, DC 20207 Phone: 301 504-0477 RIN: 3041-AB78 _______________________________________________________________________ 4262. PROPOSED REVOCATION OF AMENDMENTS TO THE STANDARDS FOR FLAMMABILITY OF CHILDREN'S SLEEPWEAR; LABELING FOR TIGHT-FITTING SLEEPWEAR; CORRECTION OF AMENDMENTS TO THE CHILDREN'S SLEEPWEAR STANDARD Priority: Substantive, Nonsignificant Legal Authority: PL 105-276 CFR Citation: 16 CFR 1615; 16 CFR 1616 Legal Deadline: NPRM, Statutory, January 19, 1999. Final, Statutory, July 1, 1999, The Commission's Fiscal Year 1999 appropriations legislation required the Commission to propose to revoke the sleepwear amendments and to either revoke, maintain, or modify them. Abstract: The Standards for the Flammability of Children's Sleepwear (sizes 0 to 6x and sizes 7 to 14) were amended in September 1996 to exclude from the definition of ``children's sleepwear'' (1) garments sized nine months or smaller and (2) tight-fitting garments sized larger than nine months. The garments, termed ``tight or snug- fitting,'' must not exceed maximum dimensions specified for each garment size. Several technical amendments were needed to clarify provisions of the standards, especially how the specified dimensions are to be measured on these garments. On January 19, 1999 the Commission issued technical changes to clarify the points where garment measurements should be made. However, pursuant to the 1999 appropriations bill, Public Law 105-276, on January 19, 1999 the Commission proposed for comment a revocation of the September 9, 1996 amendments and all subsequent amendments. Based on all available information, the Commission was required to take final action by July 1, 1999. On June 28, 1999 the Commission issued Federal Register notices (1) withdrawing the proposed revocation, (2) issuing mandatory labeling requirements for tight-fitting sleepwear, and (3) correcting references in 16 CFR Part 1615. Timetable: ________________________________________________________________________ Amendments - Proposed Revocation Proposed Revocation Issued 01/19/1999 (64 FR 2867) Comment Period End 03/22/1999 Briefing Package to Commission 06/03/1999 Proposed Revocation Withdrawn 06/28/1999 (64 FR 34597) Labeling of Tight-Fitting Sleepwear Final Rule 06/28/1999 (64 FR 34533) Effective Date 06/28/2000 References in Amendments - Correction Correction of References Issued 06/28/1999 (64 FR 34533) Regulatory Flexibility Analysis Required: No Government Levels Affected: None Additional Information: On September 8, 1999, the Commission published a notice in the Federal Register (64 FR 48704) that corrected the illustrations of the required labeling of tight-fitting sleepwear and revised the font requirements to allow either Arial or Helvetica font. Agency Contact: Margaret Neily, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, Washington, DC 20207 Phone: 301 504-0508 RIN: 3041-AB80 [FR Doc. 99-23652 Filed 11-19-99; 8:45 am] BILLING CODE 6355-01-F