[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 62589]]

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Part XLVIII





Consumer Product Safety Commission





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Semiannual Regulatory Agenda

[[Page 62590]]



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, 2001.

ADDRESSES:  Comments on the regulatory flexibility agenda should be 
mailed to the Office of the Secretary, Consumer Product Safety 
Commission, Washington, DC 20207-0001; telephone (301) 504-0800, or 
delivered to the Office of the Secretary, Room 502, 4330 East-West 
Highway, Bethesda, Maryland 20814-4423. 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 20207-0001, 
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. This agenda also includes 
regulatory activities that have been completed by the Commission 
prior to publication. 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-
0001.

     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 14, 2001.

 Todd Stevenson,

Acting Secretary, Consumer Product Safety Commission.

                                Consumer Product Safety Commission--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4236         Petition HP 93-1 Requesting Development of a Rule To Ban Certain Backyard Playsets.     3041-AB47
4237         Petition FP 99-1 Requesting Labeling Rule for Polyurethane Foam in Upholstered          3041-AB81
            Furniture...........................................................................
4238         Petition HP 00-2 Requesting a Rule Declaring Natural Rubber Latex a Strong              3041-AB88
            Sensitizer..........................................................................
4239         Petition CP 00-1 Requesting Performance Requirements for Non-Wood Baseball Bats....     3041-AB90
4240         Petition HP 00-4 Requesting a Rule Banning Baby Bath Seats.........................     3041-AB93
4241         Petition HP 01-1 Requesting Development of Performance Standard for Bicycle             3041-AB94
            Handlebars..........................................................................
4242         Petition HP 01-02 Requesting Exemption for Model Rocket Propellant Devices Used         3041-AB95
            With Ground Vehicles................................................................
4243         Proposed Ban of Candles with Lead-Containing Wicks and Wicks Sold for Candle-Making     3041-AB96
            that Contain Lead...................................................................
4244         Petition CP 01-01 Requesting Rule Requiring Product Registration Cards for Products     3041-AB98
            Intended for Children...............................................................
----------------------------------------------------------------------------------------------------------------


[[Page 62591]]


                             Consumer Product Safety Commission--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4245         Flammability Standard for Upholstered Furniture (Reg Plan Seq No. 163)...........     3041-AB35
4246         Baby Walkers.......................................................................     3041-AB40
4247         Petitions FP 00-1, FP 00-2, FP 00-3, and FP 00-4 Requesting Requirements for            3041-AB89
            Flammability of Mattresses..........................................................
4248         Portable Bed Rails.................................................................     3041-AB91
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan Federal Register


                              Consumer Product Safety Commission--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4249         Amendment of Safety Regulations for Cribs..........................................     3041-AB67
----------------------------------------------------------------------------------------------------------------


                              Consumer Product Safety Commission--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4250         Amendment of the Standard for the Flammability of Clothing Textiles................     3041-AB68
4251         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......................................
4252         Petition HP 01-03 Requesting a Ban on Use of Chromated-Cooper-Arsenate (CCA)            3041-AB97
            Treated Wood in Playground Equipment................................................
----------------------------------------------------------------------------------------------------------------


                              Consumer Product Safety Commission--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4253         Requirements for Child-Resistant Packaging of Household Products Containing             3041-AB57
            Petroleum Distillates or Other Hydrocarbons.........................................
4254         Petition HP 00-3 Requesting a Ban of Candle Wicks Containing Lead and Candles With      3041-AB87
            Such Wicks..........................................................................
4255         Requirement for Special Packaging of Oral Prescription Drugs That Are Granted Over-     3041-AB92
            The-Counter Status by the Food and Drug Administration..............................
4256         Petition PP 00-1 Requesting Partial Exemption From Special Packaging Requirements       3041-AB99
            for Lidoderm........................................................................
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Consumer Product Safety Commission (CPSC)                 Prerule Stage


  



_______________________________________________________________________




4236. 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

[[Page 62592]]

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, 
conformance to the voluntary standard, and injury data. 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 Completed Monitoring 
Conformance                     08/31/00
Staff Completed Injury Study    02/28/01
Staff Sends Additional 
Information to Commission       12/00/01
Commission Decision             01/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Scott Heh, Project Manager, Consumer Product Safety 
Commission, Directorate for Engineering Sciences, Washington, DC 20207
Phone: 301 504-0494
Email: [email protected]

RIN: 3041-AB47
_______________________________________________________________________




4237. 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 that the Commission 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-AB35) 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

________________________________________________________________________

Notice                          04/06/99                    64 FR 16711
Comment Period End              06/07/99
Staff Sent Briefing Package to 
Commission                      11/01/01
Commission Decision             04/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Dale R. Ray, Project Manager, Directorate for Economic 
Analysis, Consumer Product Safety Commission, Washington, DC 20207
Phone: 301 504-0962
Email: [email protected]

RIN: 3041-AB81
_______________________________________________________________________




4238. PETITION HP 00-2 REQUESTING A RULE DECLARING NATURAL RUBBER LATEX 
A STRONG SENSITIZER

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 Debi Adkins, Editor, Latex Allergy News, 
requests that the Commission issue a rule declaring that natural rubber 
latex (NRL) and products containing NRL are strong sensitizers under 
the Federal Hazardous Substances Act (FHSA) and requiring labeling. NRL 
is in such consumer products as gloves, adhesives, shoes, balloons, 
pacifiers, and carpet backing, as well as many medical products. The 
petitioner states that a portion of the population has developed an 
allergy to latex that can be debilitating, even causing death. On March 
21, 2000, the Commission published a notice in the Federal Register to 
solicit comments on the petition from all interested persons. On May 
24, 2000, at the request of several persons, the Commission published a 
notice extending the original due date for comments of May 22, 2000 for 
30 days to June 21, 2000. Eighty-four comments were received. The staff 
will prepare a briefing package for consideration by the Commission.

[[Page 62593]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               03/02/00
Notice                          03/21/00                    65 FR 15133
Comment Period End              05/22/00
Comment Period Extended         05/24/00                    65 FR 33525
Comment Period End              06/21/00
Staff Sends Briefing Package to 
Commission                      02/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Suzanne Barone Ph.D., Project Manager, Consumer Product 
Safety Commission, Directorate for Health Sciences, Washington, DC 
20207
Phone: 301 504-0477
Email: [email protected]

RIN: 3041-AB88
_______________________________________________________________________




4239. PETITION CP 00-1 REQUESTING PERFORMANCE REQUIREMENTS FOR NON-WOOD 
BASEBALL BATS

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 553(e), Administrative Prodcedure Act; 15 USC 
2051, Consumer Product Safety Act

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: The Commission has received correspondence from J.W. MacKay, 
Jr. requesting that the Commission issue a rule requiring that all non-
wood baseball bats perform like wood bats. He states that such bats 
have a faster bat swing speed, a larger ``sweet spot,'' and lower 
balance point than wood bats. These high performance bats, he asserts, 
allow the ball to achieve a faster exit velocity so that the pitcher 
does not have time to react if a ball is batted at him. The petitioner 
asserts that non-wood bats (primarily made of aluminum and composite 
materials) have become increasingly dangerous. For these reasons, the 
petitioner argues, such non-wood bats present an unreasonable risk of 
injury. The Commission docketed his request as a petition under the 
Consumer Product Safety Act and published a notice in the Federal 
Register on June 15, 2000 to solicit comments on the petition from 
interested persons. The staff will prepare a briefing package for the 
Commission to consider.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               05/24/00
Notice                          06/15/00                    65 FR 37525
Comment Period End              08/14/00
Staff Sends Briefing Package to 
Commission                      12/00/01

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Erlinda M. Edwards, Project Manager, Consumer Product 
Safety Commission, Directorate for Engineering Sciences, Washington, DC 
20207
Phone: 301 504-0504
Email: [email protected]

RIN: 3041-AB90
_______________________________________________________________________




4240. PETITION HP 00-4 REQUESTING A RULE BANNING BABY BATH SEATS

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: 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 Consumer Federation of America and other 
consumer groups, docketed on August 4, 2000, requests that the 
Commission ban baby bath seats and bath rings. These are consumer 
products used to hold an infant in a bathtub while the child is being 
bathed. The petitioners assert that bath seats pose an unreasonable 
risk of injury, primarily because they create a false sense of security 
that the child is safe in the bathtub. They assert that 66 incidents of 
drowning and 37 reports of near drowning involving baby bath seats have 
been identified. On August 22, 2000, the Commission published a notice 
in the Federal Register to solicit comments on the petition from all 
interested persons. The staff briefed the Commission on May 23, 2001. 
On May 30, 2001, the Commission granted the petition and voted to issue 
an advance notice of proposed rulemaking (ANPR).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               08/04/00
Notice                          08/22/00                    65 FR 50968
Comment Period End              10/23/00
Staff Sends Briefing Package to 
Commission                      03/30/01
Commission Decision             05/30/01
ANPRM                           08/01/01                    66 FR 39692
ANPRM Comment Period End        10/01/01
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Patricia L. Hackett, Project Manager, Consumer Product 
Safety Commission, Directorate for Engineering Sciences, Washington, DC 
20207
Phone: 301 504-0494
Email: [email protected]

RIN: 3041-AB93
_______________________________________________________________________




4241. PETITION HP 01-1 REQUESTING DEVELOPMENT OF PERFORMANCE STANDARD 
FOR BICYCLE HANDLEBARS

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 Flaura Koplin Winston, MD. Ph.D., Director, 
Trauma Link: The Interdisciplinary Pediatric Injury Control Research 
Center, Children's Hospital of Philadelphia, requests that the 
Commission develop a performance standard for bicycle handlebars 
regarding energy dissipation and distribution during impact. The 
request was docketed as a petition on January 23, 2001. A notice 
requesting comment on the petition was published in the Federal 
Register on February 14, 2001. The initial comment period closed on 
April 16, 2001. The comment period was extended to May 16, 2001.

[[Page 62594]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               01/23/01
Notice                          02/14/01                    66 FR 10273
Comment Period End              04/16/01
Notice                          04/16/01                    66 FR 19429
Comment Period End              05/16/01
Staff Sends Briefing Package to 
Commission                      02/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Barbara J. Jacobson, Directorate for Health Sciences, 
Consumer Product Safety Commission, Washington, DC 20207
Phone: 301 504-0477
Email: [email protected]

RIN: 3041-AB94
_______________________________________________________________________




4242. PETITION HP 01-02 REQUESTING EXEMPTION FOR MODEL ROCKET PROPELLANT 
DEVICES USED WITH GROUND VEHICLES

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Unfunded Mandates: 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 Centuri Corporation requests that the 
Commission issue a rule exempting certain model rocket propellant 
devices to be used for model rocket ground vehicles. The petitioner 
requests that the Commission extend the existing exemption for motors 
used for flying model rockets to motors used for certain model rocket 
cars that travel on a tethered line along the ground. The request was 
docketed as a petition on February 14, 2001. A notice requesting 
comment on the petition was published in the Federal Register on March 
8, 2001. The comment period closed on May 7, 2001. On November 1, 2001, 
the Commission granted the petition in part as to small rockets, and 
denied it in part.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               02/14/01
Notice                          03/08/01                    66 FR 13914
Comment Period End              05/07/01
Staff Sent Briefing Package to 
Commission                      09/28/01
Commission Decision             11/01/01

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Terrance R. Karels, Project Manager, Consumer Product 
Safety Commission, Directorate for Economic Analysis, Washington, DC 
20207
Phone: 301 504-0962
Email: [email protected]

RIN: 3041-AB95
_______________________________________________________________________




4243.   PROPOSED BAN OF CANDLES WITH LEAD-CONTAINING WICKS AND 
WICKS SOLD FOR CANDLE-MAKING THAT CONTAIN LEAD

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 15 USC 1261, Federal Hazardous Substances Act

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: An advance notice of proposed rulemaking (ANPR), published in 
the Federal Register on February 20, 2001, requested comments on a 
rulemaking proceeding that could result in a mandatory rule addressing 
the use of lead in candle wicks. The Commission voted to publish the 
ANPR and proceed with rulemaking after considering the staff's analysis 
of the available data on lead-cored candle wicks as well as information 
provided by the petitioners Public Citizen, National Apartment 
Association, and National Multi Housing Council. The staff recommended 
that the Commission proceed with rulemaking to ban metal-cored wicks 
containing more than 0.06 percent lead by weight in the metal. The 
staff is addressing public comments received in response to the ANPR 
and is preparing a briefing package for Commission consideration.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           02/20/01                    66 FR 10863
ANPRM Comment Period End        04/23/01
Staff Sends Briefing Package to 
Commission                      11/00/01
Commission Decision             12/00/01

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Kristina Hatlelid, Project Manager, Consumer Product 
Safety Commission, Directorate for Health Sciences, Washington, DC 
20207
Phone: 301 504-0994
Email: [email protected]

RIN: 3041-AB96
_______________________________________________________________________




4244.   PETITION CP 01-01 REQUESTING RULE REQUIRING PRODUCT 
REGISTRATION CARDS FOR PRODUCTS INTENDED FOR CHILDREN

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

Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC 
2065(b), Consumer Product Safety Act

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: A petition from the Consumer Federation of America requests 
that the Commission issue a rule requiring product registration cards 
with every product intended for children. The petitioner asks for a 
rule that would ``require manufacturers (or distributors, retailers, or 
importers) of products intended for children provide along with every 
product a Consumer Safety Registration Card that allows the purchaser 
to register information, through the mail or electronically.'' This 
would enable a manufacturer to contact the purchaser if the product 
were recalled or otherwise presented a safety hazard. On August 1, 
2001, 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               07/10/01

[[Page 62595]]

Notice                          08/01/01                    66 FR 39737
Comment Period End              10/01/01
Staff Sends Briefing Package to 
the Commission                   To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: ` Marc Schoem, Director, Consumer Product Safety 
Commission, Recall and Compliance Division, Office of Compliance
Phone: 301 504-0408
Email: [email protected]

RIN: 3041-AB98
_______________________________________________________________________


Consumer Product Safety Commission (CPSC)           Proposed Rule Stage


  



_______________________________________________________________________




4245. FLAMMABILITY STANDARD FOR UPHOLSTERED FURNITURE

 Regulatory Plan: This entry is Seq. No. 163 in part II of this issue 
of the Federal Register.

RIN: 3041-AB35
_______________________________________________________________________




4246. BABY WALKERS

Priority: Substantive, Nonsignificant

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 
published revisions to the voluntary standard for baby walkers in 1997 
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. In 1999, baby walker injuries had dropped 
to 8,800. The staff is currently assessing the extent of industry 
conformance with that voluntary standard, designated ``Standard 
Consumer Safety Specification for Infant Walkers,'' SF 977-97, 
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 Completed Monitoring 
Conformance to Revised Voluntary 
Standard                        05/31/00
Staff Completed Special Study of 
Injury Data                     09/29/00
Staff Completed Testing of New 
Walker Designs                  05/01/01
Staff Sends Briefing Package to 
Commission                      01/00/02
Commission Decision             02/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Barbara J. Jacobson, Directorate for Health Sciences, 
Consumer Product Safety Commission, Washington, DC 20207
Phone: 301 504-0477
Email: [email protected]

RIN: 3041-AB40
_______________________________________________________________________




4247. PETITIONS FP 00-1, FP 00-2, FP 00-3, AND FP 00-4 REQUESTING 
REQUIREMENTS FOR FLAMMABILITY OF MATTRESSES

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: The Commission has received correspondence from Whitney A. 
Davis, Director of the Children's Coalition for Fire-Safe Mattresses, 
requesting that the Commission take various actions concerning mattress 
flammability. The Commission has docketed as petitions his requests for 
rules requiring: (1) an open-flame standard similar to the full-scale 
test set forth in California Technical Bulletin 129; (2) an open flame 
standard similar to the component test set forth in British Standard 
5852; (3) a warning label for flammable mattresses; and (4) a permanent 
mattress identification tag attached to the inner spring of the 
mattress. The petitioner focuses primarily on the role polyurethane 
foam plays in mattress fires. He notes that the Commission's existing 
mattress flammability standard only addresses cigarette ignition; yet 
childplay with open-flame sources causes nearly two-thirds of mattress 
fires. He argues that with polyurethane foam mattresses, fires have 
become increasingly more

[[Page 62596]]

deadly than with cotton-batting mattresses due to increased smoke 
generation, heat production and flame spread. With regard to labels, he 
notes that polyurethane foam manufacturers provide warnings to mattress 
manufacturers, but these warnings are not passed on to the consumer. 
With regard to an identification tag, the petitioner argues that such a 
tag would help to identify mattresses involved in fires because often 
only the inner spring unit remains after a mattress fire. The 
Commission has docketed these petitions under provisions of the 
Flammable Fabrics Act. The Commission voted to grant petitions FP 00-1 
and FP 00-2, and deny petitions FP 00-3 and FP 00-4.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petitions Docketed              05/22/00
Notice                          06/12/00                    65 FR 36890
Comment Period End              08/11/00
Staff Sent Briefing Package to 
Commission                      08/16/01
Commission Decision             10/02/01
ANPRM                           10/11/01                    66 FR 51866
ANPRM Comment Period End        12/10/01
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Margaret L. Neily, Project Manager, Consumer Product 
Safety Commission, Directorate for Engineering Sciences, Washington, DC 
20207
Phone: 301 504-0508
Email: [email protected]

RIN: 3041-AB89
_______________________________________________________________________




4248. PORTABLE BED RAILS

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 15 USC 1261, Federal Hazardous Substances Act

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: The Commission is considering whether certain portable bed 
rails present an unreasonable risk of injury that should be regulated. 
A portable bed rail is a device intended to be installed on an adult 
bed to prevent a child from falling out of the bed. Such bed rails may 
be constructed in a manner that children can become entrapped between 
the portable bed rail and the bed. This entrapment can result in 
serious injury or death. On October 30, 2001, the Commission decided to 
continue the rulemaking by issuing an NPRM.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Staff Sends Briefing Package to 
Commission                      06/28/00
Commission Decision             09/21/00
ANPRM                           10/03/00                    65 FR 58968
ANPRM Comment Period End        12/04/00
Staff Sends Briefing Package to 
Commission                      10/01/01
Commission Decision             10/30/01
NPRM                            01/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Patricia L. Hackett, Project Manager, Consumer Product 
Safety Commission, Directorate for Engineering Sciences, Washington, DC 
20207
Phone: 301 504-0494
Email: [email protected]

RIN: 3041-AB91
_______________________________________________________________________


Consumer Product Safety Commission (CPSC)              Final Rule Stage


  



_______________________________________________________________________




4249. 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                          03/01/00
Staff Began Monitoring 
Conformance to Revised Voluntary 
Standard                        03/27/01
Staff Completes Monitoring 
Conformance                     12/00/01

[[Page 62597]]

Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Patricia Hackett, Project Manager, Consumer Product 
Safety Commission, Directorate for Engineering Sciences, Washington, DC 
20207
Phone: 301 504-0494
Email: [email protected]

RIN: 3041-AB67
_______________________________________________________________________


Consumer Product Safety Commission (CPSC)             Long-Term Actions


  



_______________________________________________________________________




4250. 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 decide whether to begin a proceeding for amendment of 
the standard.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Staff Sends Briefing Package to 
Commission                       To Be                       Determined
Commission Decision              To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Margaret L. Neily, Project Manager, Consumer Product 
Safety Commission, Directorate for Engineering Sciences, Washington, DC 
20207
Phone: 301 504-0508
Email: [email protected]

RIN: 3041-AB68
_______________________________________________________________________




4251. 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 received.
The Commission established 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 CHAP submitted its report to the 
Commission on June 15, 2001. The Commission has begun 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. The observation phase is complete and data is being 
analyzed. 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
First Meeting of CHAP           05/10/00
Second Meeting of CHAP          06/20/00
Third Meeting of CHAP           09/12/00
CHAP Sent Report to Commission  06/15/01
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  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
Email: [email protected]

RIN: 3041-AB79

[[Page 62598]]

_______________________________________________________________________




4252.   PETITION HP 01-03 REQUESTING A BAN ON USE OF CHROMATED-
COOPER-ARSENATE (CCA) TREATED WOOD IN PLAYGROUND EQUIPMENT

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

Legal Authority: 15 USC 1262, Federal Hazardous Substance Act

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: A petition from the Environmental Working Group and Healthy 
Building Network, docketed June 20, 2001, requests that the Commission 
enact an immediate ban on the use of chromated copper arsenate (CCA) 
treated wood in playground equipment. This treatment is used as a 
pesticide in the wood. The petitioners assert that a ban is necessary 
because recent research has shown that arsenic is more carcinogenic 
than was previously recognized, and is present at significant 
concentrations on CCA treated wood and in underlying soil. They further 
assert that the health risks posed by this wood are greater than was 
previously recognized, and that past risk assessments were incomplete. 
On July 13, 2001, the Commission published a notice in the Federal 
Register to solicit comments on the petition from all interested 
persons. This is a 60-day comment period that will end on September 11, 
2001. The petitioners also requested that the Commission review the 
safety of CCA treated wood for general use. Such a review would not 
require rulemaking to implement, therefore, the request was not 
docketed.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               06/20/01
Notice                          07/13/01                    66 FR 36756
Comment Period End              09/11/01
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: No

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Patricia Bittner, Project Manager, Consumer Product 
Safety Commission, Directorate for Health Sciences, Washington, DC 
20207
Phone: 301 504-0477
Email: [email protected]

RIN: 3041-AB97
_______________________________________________________________________


Consumer Product Safety Commission (CPSC)             Completed Actions


  



_______________________________________________________________________




4253. REQUIREMENTS FOR CHILD-RESISTANT PACKAGING OF HOUSEHOLD PRODUCTS 
CONTAINING PETROLEUM DISTILLATES OR OTHER HYDROCARBONS

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 1471, Poison Prevention Packaging Act

CFR Citation: 16 CFR 1700.14(a)

Legal Deadline: None

Abstract: Some household products containing 10 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 or other hydrocarbons 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 that may result in mandatory requirements for child-
resistant packaging of household products containing petroleum 
distillates or other hydrocarbons. Following consideration of the 
comments, the Commission proposed requirements for child-resistant 
packaging of additional household products containing petroleum 
distillates or other hydrocarbons. The notice of proposed rulemaking 
(NPRM) was published on January 3, 2000, and the comment period ended 
March 20, 2000. Seven comments were received. The Commission also 
requested that additional information about cosmetics that contain 
mineral oil be obtained. The staff purchased additional information on 
mineral oil-based cosmetic poisonings from the American Association of 
Poison Control Centers. The public comment period on the staff analysis 
of this data closed on June 11, 2001. The staff evaluated comments and 
prepared a briefing package for Commission consideration. On October 
16, 2001, the Commission decided to issue a final rule.

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
NPRM                            01/03/00                       65 FR 93
NPRM Comment Period End         03/20/00
Staff Purchased Additional 
Poisoning Data on Cosmetics     04/04/00
Notice                          04/11/01                    66 FR 18738
Comment Period Extended         05/04/01                    66 FR 22491
Comment Period End              06/11/01
Staff Sent Briefing Package to 
Commission                      09/14/01
Commission Decision             10/16/01
Final Rule                      10/25/01                    66 FR 53951
Final Rule Effective            10/25/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Suzanne Barone Ph.D., Project Manager, Consumer Product 
Safety Commission, Directorate for Health Sciences, Washington, DC 
20207
Phone: 301 504-0477
Email: [email protected]

RIN: 3041-AB57

[[Page 62599]]

_______________________________________________________________________




4254. PETITION HP 00-3 REQUESTING A BAN OF CANDLE WICKS CONTAINING LEAD 
AND CANDLES WITH SUCH WICKS

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC 
1261, Federal Hazardous Substances Act

CFR Citation: None

Legal Deadline: None

Abstract: Separate petitions were received from Public Citizen and 
jointly from the National Apartment Association and the National Multi-
Housing Council to ban candle wicks that contain lead and to ban 
candles with such wicks. The petitioners claimed that burning candles 
with such wicks produces hazardous combustion products containing lead. 
On April 2, 2000, the Commission published a notice in the Federal 
Register to solicit comments on the petition from all interested 
parties. The comment period closed June 12, 2000. Over 140 comments 
were received. The staff sent a briefing package to the Commission on 
December 15, 2000, recommending that the Commission publish an advance 
notice of proposed rulemaking (ANPR) to ban metal-cored wicks 
containing more than 0.06% lead by weight. The staff briefed the 
Commission on January 30, 2001. On February 13, 2001 the Commission 
granted the petitions and voted to issue an ANPR.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               03/17/00
Notice                          04/12/00                    65 FR 19742
Comment Period End              06/12/00
Commission Voted to Grant 
Petition and Issue ANPR         02/13/01

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Kristina Hatlelid, Project Manager, Consumer Product 
Safety Commission, Directorate for Health Sciences, Washington, DC 
20207
Phone: 301 504-0994
Email: [email protected]

RIN: 3041-AB87
_______________________________________________________________________




4255. REQUIREMENT FOR SPECIAL PACKAGING OF ORAL PRESCRIPTION DRUGS THAT 
ARE GRANTED OVER-THE-COUNTER STATUS BY THE FOOD AND DRUG ADMINISTRATION

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 1471, Poison Prevention Packaging Act

CFR Citation: 16 CFR 1700.14(a)(30); 16 CFR 1702.16

Legal Deadline: None

Abstract: On June 23, 2000, the Commission directed the CPSC staff to 
draft a notice of proposed rulemaking (NPR) to require that the child-
resistant packaging requirements for oral prescription drugs continue 
when the active chemicals are granted over-the-counter (OTC) status by 
the Food and Drug Administration (FDA). The current regulations under 
the Poison Prevention Packaging Act (PPPA) require child-resistant 
packaging of most oral prescription drugs. However, when the FDA allows 
an oral prescription drug to be sold OTC, child-resistant packaging of 
that drug is no longer required. When the Commission finds that a 
particular switched OTC drug requires child-resistant packaging because 
it may cause serious injury or serious illness, it must issue an 
individual rule, which may not take effect for several years after the 
switch.
On August 30, 2000, the Commission issued a proposed rule that would 
automatically require drugs that have been switched after the effective 
date of the rule to be in child-resistant packaging. Under the proposed 
rule, drugs switched by FDA from prescription to OTC before the 
effective date of the rule would not automatically have to be in child-
resistant packaging. This proposed rule provides that those companies 
that believe their drug product does not need to be in child-resistant 
packaging can provide information to the Commission, as they do 
currently under the PPPA oral prescription drug rule, to demonstrate 
either: (1) that the drug product will not injure children if it is 
marketed in non-child-resistant packaging, or (2) that child-resistant 
packaging is not technically feasible, practicable, or appropriate for 
the oral drug when marketed as an OTC product. If the Commission 
agrees, it will by rule exempt the drug product from the PPPA 
requirements. The Federal Register notice also proposes to revoke 16 
CFR 1702.16(b) to allow petitions for exemptions from child-resistant 
packaging requirements to be submitted and considered by the Commission 
before the new drug applications (NDA) are approved by the FDA. This 
would decrease the potential financial and regulatory burdens to the 
drug company associated with a post-marketing package change.
The Commission considered written comments received in response to the 
NPR and voted to issue a final rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Staff Briefing of Commission on 
Whether to Issue an NPRM        06/07/00
Commission Decision to Prepare a 
Draft NPRM                      06/23/00
NPRM                            08/30/00                    65 FR 52678
NPRM Comment Period End         11/13/00
Staff Sends Briefing Package to 
Commission                      07/03/01
Final Rule                      08/02/01                    66 FR 40111
Final Rule Effective            01/29/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Suzanne Barone Ph.D., Project Manager, Consumer Product 
Safety Commission, Directorate for Health Sciences, Washington, DC 
20207
Phone: 301 504-0477
Email: [email protected]

RIN: 3041-AB92
_______________________________________________________________________




4256.   PETITION PP 00-1 REQUESTING PARTIAL EXEMPTION FROM 
SPECIAL PACKAGING REQUIREMENTS FOR LIDODERM

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 1471, Poison Prevention Packaging Act

CFR Citation: 16 CFR 1700.14(a)(23)

Legal Deadline: None

Abstract: On October 5, 2000 the Commission docketed a petition from 
Endo Pharmaceuticals requesting a partial exemption from special 
packaging for Lidoderm patches on the ground that it was too costly to 
provide child-resistant (``CR'') packaging for

[[Page 62600]]

Lidoderm patches. Lidoderm is an orphan prescription drug used for post 
herpetic neuralgia. Under the Poison Prevention Packaging Act, CR 
packaging is required for products with more than 5 mg of lidocaine. 
Therefore, because each patch contains 700 mg of lidocaine, Lidoderm 
must be sold in CR packaging. On August 7, 2001, the Commission voted 
unanimously to deny the petition and instead issued a conditional stay 
of enforcement that will adequately protect children.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               10/05/00
Staff Sent Briefing Package to 
Commission                      05/16/01
Commission Denied Petition and 
Granted Stay of Enforcement     08/07/01
Notice                          08/30/01                    66 FR 45841

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Jacqueline Ferrante Ph.D., Project Manager, Consumer 
Product Safety Commission, Directorate for Health Sciences, Washington, 
DC 20207
Phone: 301 504-0957
Email: [email protected]

RIN: 3041-AB99
[FR Doc. 01-23867 Filed 11-30-01; 8:45 am]
BILLING CODE 6355-01-S
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