[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]]

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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


  



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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]]

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Consumer Product Safety Commission (CPSC)           Proposed Rule Stage


  



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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]]

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Consumer Product Safety Commission (CPSC)              Final Rule Stage


  



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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