[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]


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Part XLVIII





Consumer Product Safety Commission





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Semiannual Regulatory Agenda

[[Page 34070]]



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 June 
30, 2002.

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, MD 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 cpsc-
[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.

Dated: March 15, 2002.

 Todd Stevenson,

Secretary, Consumer Product Safety Commission.

                                Consumer Product Safety Commission--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
3642        Amendment of the Standard for the Flammability of Clothing Textiles.................     3041-AB68
3643        Petition HP 99-1 for a Ban of Polyvinyl Chloride in Toys and Other Products Intended     3041-AB79
            for Children 5 Years of Age and Under...............................................
3644        Petition HP 00-2 Requesting a Rule Declaring Natural Rubber Latex a Strong               3041-AB88
            Sensitizer..........................................................................
3645        Petition HP 01-1 Requesting Development of Performance Standard for Bicycle              3041-AB94
            Handlebars..........................................................................
3646        Petition HP 01-03 Requesting a Ban on Use of Chromated-Cooper-Arsenate (CCA) Treated     3041-AB97
            Wood in Playground Equipment........................................................
3647        Petition CP 01-01 Requesting Rule Requiring Product Registration Cards for Products      3041-AB98
            Intended for Children...............................................................
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[[Page 34071]]


                             Consumer Product Safety Commission--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
3648        Flammability Standard for Upholstered Furniture.....................................     3041-AB35
3649        Baby Walkers........................................................................     3041-AB40
3650        Amendment of Safety Regulations for Cribs...........................................     3041-AB67
3651        Portable Bed Rails..................................................................     3041-AB91
3652        Proposed Rule Exempting Certain Model Rocket Propellant Devices For Use With             3041-AC00
            Lightweight Surface Vehicles........................................................
3653        Proposed Rule on Baby Bath Seats....................................................     3041-AC03
3654        Rulemaking to Exempt Hormone Replacement Therapy Products From Special Packaging         3041-AC04
            Requirements........................................................................
3655        Test Method for Determining Applicability of Cautionary Labeling and Child-Resistant     3041-AC05
            Packaging to Hydrocarbon-Containing Products in Spray Packaging.....................
----------------------------------------------------------------------------------------------------------------


                              Consumer Product Safety Commission--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
3656        Proposed Ban of Candles with Lead-Containing Wicks and Wicks Sold for Candle-Making      3041-AB96
            that Contain Lead...................................................................
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                              Consumer Product Safety Commission--Long-Term Actions
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                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
3657        Petition CP 02-01 Requesting Rule Adopting ASTM F400, Safety Standard For Lighters       3041-AC01
            as a Consumer Product Safety Standard...............................................
3658        Proposed Standard to Address Open Flame Ignition of Mattresses/Bedding..............     3041-AC02
3659        Standards of Conduct for Outside Attorneys Practicing Before the Consumer Product        3041-AC06
            Safety Commission...................................................................
----------------------------------------------------------------------------------------------------------------


                              Consumer Product Safety Commission--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
3660        Petition HP 93-1 Requesting Development of a Rule To Ban Certain Backyard Playsets..     3041-AB47
3661        Petition FP 99-1 Requesting Labeling Rule for Polyurethane Foam in Upholstered           3041-AB81
            Furniture...........................................................................
3662        Petitions FP 00-1, FP 00-2, FP 00-3, and FP 00-4 Requesting Requirements for             3041-AB89
            Flammability of Mattresses..........................................................
3663        Petition CP 00-1 Requesting Performance Requirements for Non-Wood Baseball Bats.....     3041-AB90
3664        Petition HP 00-4 Requesting a Rule Banning Baby Bath Seats..........................     3041-AB93
3665        Petition HP 01-02 Requesting Exemption for Model Rocket Propellant Devices Used With     3041-AB95
            Ground Vehicles.....................................................................
----------------------------------------------------------------------------------------------------------------

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Consumer Product Safety Commission (CPSC)                 Prerule Stage


  



_______________________________________________________________________




3642. 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

[[Page 34072]]

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                      04/00/02
Commission Decision             05/00/02

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
_______________________________________________________________________




3643. 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 completed 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 staff will send a briefing package to the Commission in 
spring 2002. The Commission will then decide whether to 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                      05/00/02
Commission Decision             06/00/02

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
_______________________________________________________________________




3644. 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.

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                      05/00/02
Commission Decision             06/00/02

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
_______________________________________________________________________




3645. 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

[[Page 34073]]

1261, Federal Hazardous Substances Act

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: A petition from Flaura Koplin Winston, M.D., 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. The 
staff will prepare a briefing package for Commission consideration as 
to whether to grant, deny, or defer the petition.

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                      06/00/02
Commission Decision             07/00/02

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
_______________________________________________________________________




3646. 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. The 60-day comment period ended 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. On 
September 20, 2001, the Commission and the USEPA jointly published a 
notice in the Federal Register to solicit comments on protocols for 
field sampling of wood playground equipment and underlying soil. The 
comment period ended on October 22, 2001. Commission staff is reviewing 
comments received on the petition and the protocols. The Conference 
report to accompany the Commission's FY 2002 appropriation directed the 
CPSC to submit a report to Congress on its work on CCA treated wood and 
steps taken to inform state and local governments of that work. The 
report was submitted to the appropriations committees of both houses of 
Congress on February 15, 2002.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               06/20/01
Notice on Petition              07/13/01                    66 FR 36756
Comment Period End              09/11/01
Notice on Protocols             09/20/01                    66 FR 48428
Comment Period End              10/22/01
Staff Sends Briefing Package to 
Commission                      08/00/02

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
_______________________________________________________________________




3647. 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 comment period closed on October 1, 2001. The 
staff will prepare a briefing package for consideration by the 
Commission. The Commission has been considering how best to improve the 
effectiveness of recalls. That effort has included meetings on the use 
of credit card and electronic databases and will include additional 
meetings on measures of recall effectiveness and how best to improve 
the response and return rates of the recalls that the Commission 
conducts.

[[Page 34074]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               07/10/01
Notice                          08/01/01                    66 FR 39737
Comment Period End              10/01/01
Staff Sends Briefing Package to 
the Commission                  05/00/02
Commission Decision             06/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Celestine T. Kiss, Project Manager, Consumer Product 
Safety Commission, Directorate for Engineering Sciences, Washingon, DC 
20207
Phone: 301 504-0468
Email: [email protected]

RIN: 3041-AB98
_______________________________________________________________________


Consumer Product Safety Commission (CPSC)           Proposed Rule Stage


  



_______________________________________________________________________




3648. FLAMMABILITY STANDARD FOR UPHOLSTERED FURNITURE

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: 15 USC 1193, Flammable Fabrics Act

CFR Citation: 16 CFR 1640

Legal Deadline: None

Abstract: On June 15, 1994, the Commission published an advance notice 
of proposed rulemaking (ANPRM) to begin a proceeding for development of 
a flammability standard to address risks of death, injury, and property 
damage from fires associated with ignition of upholstered furniture by 
small open-flame sources such as matches, lighters, or candles. This 
ANPRM was issued after the Commission granted part of a petition 
requesting development of a mandatory flammability standard to address 
risks of injury from ignition of upholstered furniture by: (1) small 
open-flame sources; (2) large open-flame sources; and (3) cigarettes. 
The Commission voted to deny that part of the petition requesting 
development of a mandatory standard to address hazards associated with 
ignition of upholstered furniture by large open-flame sources. The 
Commission also voted to defer a decision on that part of the petition 
requesting development of a standard to address cigarette ignition, and 
directed the staff to report to the Commission on the effectiveness of, 
and the extent of industry compliance with, a voluntary program to 
reduce risks of ignition of upholstered furniture by cigarettes. The 
Commission staff developed a draft standard to address ignition of 
upholstered furniture by small open-flame sources.
In 1998, the Commission deferred action and held a public hearing to 
gather additional information on the potential toxicity of flame-
retardant chemicals that might be used to meet a standard. In CPSC's 
1999 appropriations legislation, Congress directed the Commission to 
contract with the National Academy of Sciences (NAS) for an independent 
study of potential health hazards associated with the use of flame 
retardant chemicals that might be used in upholstered furniture fabrics 
to meet a CPSC standard. The final NAS report was published in July 
2000. The report concluded that of 16 flame-retardant chemicals 
reviewed, 8 could be used in upholstered furniture fabrics without 
presenting health hazards to consumers.
A CPSC staff risk assessment concluded that a number of flame-retardant 
chemicals are available that would not present health risks to 
consumers, although additional data are needed for some other 
chemicals. The CPSC staff is also working with the National Institute 
of Occupational Safety and Health and the Environmental Protection 
Agency to evaluate possible impacts of flame-retardant chemical use on 
worker safety and the environment.
In 2001, the CPSC staff forwarded a briefing package to the Commission, 
and the Commission voted to hold a public meeting to present the 
direction of the staff's draft standard, to discuss supporting 
technical data, and to receive comments and recommendations from 
interested parties. The staff is also continuing to cooperate with 
industry representatives and voluntary standards organizations to 
develop possible voluntary alternatives to CPSC's regulatory action.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           06/15/94                    59 FR 30735
ANPRM Comment Period End        08/15/94
Staff Briefing of Commission on 
NPRM                            12/18/97
Commission Voted To Defer Action 
Pending Results of Toxicity 
Hearing                         03/02/98
Commission Hearing May 5 & 6, 
1998 on Possible Toxicity of 
Flame Retardant Chemicals       03/17/98                    63 FR 13017
NAS Study Completed (Required by 
Congress)                       07/10/00
Staff Sent Briefing Package to 
Commission                      11/01/01
Meeting Notice                  03/20/02                    67 FR 12916
Staff Holds Public Meeting      06/18/02
Second Day of Public Meeting    06/19/02
Staff Analysis of Information 
From Public Meeting             12/00/02

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-AB35
_______________________________________________________________________




3649. BABY WALKERS

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 1261, Federal Hazardous Substances Act; 15 USC

[[Page 34075]]

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 ASTM International 
standard contains performance requirements to address risks of injury 
to children from falls down stairs associated with baby walkers. In 
2000, baby walker injuries to children under 15 months of age had 
dropped to 7,400. 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                      05/00/02
Commission Decision             06/00/02

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
_______________________________________________________________________




3650. 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 ASTM International 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 Completed Monitoring 
Conformance                     12/28/01
Staff Sends Briefing Package to 
Commission                      05/00/02
Commission Decision             06/00/02

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

[[Page 34076]]

_______________________________________________________________________




3651. 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
Staff Sends NPRM to Commission  06/00/02
Commission Decision on NPRM     07/00/02

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
_______________________________________________________________________




3652.  PROPOSED RULE EXEMPTING CERTAIN MODEL ROCKET PROPELLANT DEVICES 
FOR USE WITH LIGHTWEIGHT SURFACE VEHICLES

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 1261(q)(1), Federal Hazardous Substances Act

CFR Citation: 16 CFR 1500.83(a)(36); 16 CFR 1500.85(a)(14)

Legal Deadline: None

Abstract: A notice of proposed rulemaking (NPRM), published in the 
Federal Register on January 30, 2002, proposed to exempt from banning 
under the Federal Hazardous Act certain model rocket propellant devices 
for model rocket ground vehicles if they meet requirements similar to 
those presently required for flyable model rockets. The Commission 
voted to publish the NPRM and proceed with rulemaking after considering 
a petition filed by Centuri Corporation that requested an exemption 
covering two prototype model rocket cars. The Commission decided to 
grant the petition in part and issue a proposed rule exempting only 
model rocket propellant devices to be used with surface vehicles like 
the smaller prototype car. The staff will address public comments 
received in response to the NPRM and prepare a briefing package for the 
Commission to determine whether to issue a final rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/30/02                     67 FR 4373
NPRM Comment Period End         04/15/02
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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]

Related RIN: Related To 3041-AB95
RIN: 3041-AC00
_______________________________________________________________________




3653.  PROPOSED RULE ON BABY BATH SEATS

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

Unfunded Mandates: 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 (ANPRM), published 
in the Federal Register on August 1, 2001, requested comments on a 
rulemaking proceeding that could result in a mandatory rule addressing 
baby bath seats. These are consumer products used to hold an infant in 
a bathtub while the child is being bathed. The Commission voted to 
publish the ANPRM and proceed with rulemaking after considering the 
staff's analysis of available data and information provided provided by 
the petitioners, the Consumer Federation of America and other consumer 
groups who requested that the Commission ban baby bath seats and bath 
rings. The staff is addressing public comments received in reponse to 
the ANPRM and preparing a briefing package for Commission 
consideration.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           08/01/01                    66 FR 39692
ANPRM Comment Period End        10/01/01
Staff Sends Briefing Package to 
Commission                      09/00/02

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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]

Related RIN: Related To 3041-AB93
RIN: 3041-AC03

[[Page 34077]]

_______________________________________________________________________




3654.  RULEMAKING TO EXEMPT HORMONE REPLACEMENT THERAPY PRODUCTS FROM 
SPECIAL PACKAGING REQUIREMENTS

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 1471, Poison Prevention Packaging Act

CFR Citation: 16 CFR 1700.14(a)(10)

Legal Deadline: None

Abstract: The Commission has proposed a rule to exempt hormone 
replacement therapy (HRT) products from the child-resistant packaging 
requirements of the Poison Prevention Packaging Act. HRT refers to the 
use of estrogen alone or estrogen and progestin to treat menopausal 
symptoms. The proposed exemption is based on the low acute toxicity of 
these products.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/19/02                     67 FR 7319
NPRM Comment Period End         05/06/02
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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

RIN: 3041-AC04
_______________________________________________________________________




3655.  TEST METHOD FOR DETERMINING APPLICABILITY OF CAUTIONARY LABELING 
AND CHILD-RESISTANT PACKAGING TO HYDROCARBON-CONTAINING PRODUCTS IN 
SPRAY PACKAGING

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

Legal Authority: 15 USC 1471, Poison Prevention Packaging Act; 15 USC 
1261(p), Federal Hazardous Substances Act

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: On January 3, 2000 CPSC issued a notice of proposed 
rulemaking under the Poison Prevention Packaging Act (PPPA) to require 
child-resistant packaging of prepackaged products that contain liquid 
hydrocarbons of low viscosity, including aerosol/trigger/pump packaged 
products (spray products) that expel product in a stream. The final 
rule issued on October 25, 2001 covered liquid hydrocarbon-containing 
products other than these spray products.
Under current CPSC guidance, special cautionary labeling under the 
Federal Hazardous Substances Act (FHSA) would also be required for most 
hydrocarbon-containing spray products that expel product as a stream. 
The staff has now developed a quantitative test method to identify 
those hydrocarbon-containing spray products that pose an aspiration 
hazard. The staff is preparing a briefing package for the Commission's 
consideration that may recommend using this test method to determine 
applicability of the FHSA special cautionary labeling and PPPA child-
resistant packaging requirements to spray products that expel product 
in a stream.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/03/00
Staff Sends Briefing Package to 
Commission                      06/00/02

Regulatory Flexibility Analysis Required: Undetermined

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]

Related RIN: Related To 3041-AB57
RIN: 3041-AC05
_______________________________________________________________________


Consumer Product Safety Commission (CPSC)              Final Rule Stage


  



_______________________________________________________________________




3656. 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 (ANPRM), 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 
ANPRM 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 addressed public comments received in response to the 
ANPRM and prepared a briefing package for Commission consideration. On 
April 17, 2002, the Commission voted to issue a notice of proposed 
rulemaking.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           02/20/01                    66 FR 10863
ANPRM Comment Period End        04/23/01
Staff Sent Briefing Package to 
Commission                      03/20/02
Commission Decision             04/17/02
NPRM                            04/24/02                    67 FR 20062
NPRM Comment Period End         07/08/02
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

[[Page 34078]]

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
_______________________________________________________________________


Consumer Product Safety Commission (CPSC)             Long-Term Actions


  



_______________________________________________________________________




3657.  PETITION CP 02-01 REQUESTING RULE ADOPTING ASTM F400, SAFETY 
STANDARD FOR LIGHTERS AS A CONSUMER PRODUCT SAFETY STANDARD

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

Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC 
2058, Consumer Product Safety Act

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: A petition from the Lighter Association, Inc. requests that 
the Commission issue a rule adopting an ASTM voluntary standard for 
lighters as a consumer product safety standard. The voluntary standard 
contains numerous safety requirements for cigarette lighters. On 
January 17, 2002, the Commission published a notice in the Federal 
Register to solicit comments on the petition from all interested 
persons. The comment period closed on March 18, 2002. The staff is 
preparing a briefing package for consideration by the Commission.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               12/26/01
Notice                          01/17/02                     67 FR 2420
Comment Period End              03/18/02
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

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-AC01
_______________________________________________________________________




3658.  PROPOSED STANDARD TO ADDRESS OPEN FLAME IGNITION OF MATTRESSES/
BEDDING

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 1193, Flammable Fabrics Act

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: The Commission published an advance notice of proposed 
rulemaking (ANPRM) in the Federal Register of October 11, 2001 that 
requested comments on a rulemaking proceeding that could result in a 
mandatory flammability standard addressing open flame ignition of 
mattresses/bedding. In 1995, the Commission staff began a project on 
mattress fires, and the ANPRM reflects information obtained from that 
research. The ANPRM also addresses two subsequently filed petitions 
from the Children's Coalition for Fire-Safe Mattresses, FP 00-1 and FP 
00-2, requesting certain standards to address the open flame ignition 
hazard with mattresses/bedding. On October 2, 2001, the Commission 
voted to grant these two petitions and issue an ANPRM addressing this 
mattress flammability hazard. The staff will address public comments on 
the ANPRM and prepare a briefing package for Commission consideration.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           10/11/01                    66 FR 51886
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]

Related RIN: Related To 3041-AB89
RIN: 3041-AC02
_______________________________________________________________________




3659.  STANDARDS OF CONDUCT FOR OUTSIDE ATTORNEYS PRACTICING BEFORE THE 
CONSUMER PRODUCT SAFETY COMMISSION

Priority: Info./Admin./Other

Legal Authority: Not Yet Determined

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: The Commission has proposed to amend its regulations to add a 
new part addressing the behavior of attorneys on matters before the 
Commission. The behavior of attorneys who represent clients in 
Commission adjudicative proceedings is governed by separate 
regulations. The new part would cover attorney behavior in any matter 
before the Commission other than adjudication. It would also establish 
the procedure for addressing allegations against attorneys.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/06/00                    65 FR 66515
NPRM Comment Period End         01/05/01
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Melissa V. Hampshire, Attorney, Consumer Product Safety 
Commission, Office of the General Counsel, Washington, DC 20207
Phone: 301 504-0980
Fax: 301 504-0403
Email: [email protected]

RIN: 3041-AC06

[[Page 34079]]

_______________________________________________________________________


Consumer Product Safety Commission (CPSC)             Completed Actions


  



_______________________________________________________________________




3660. PETITION HP 93-1 REQUESTING DEVELOPMENT OF A RULE TO BAN CERTAIN 
BACKYARD PLAYSETS

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: 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 ASTM International; 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. On January 14, 2002, the staff sent 
additional information to the Commission concerning revisions of the 
voluntary standard, conformance to the voluntary standard, and injury 
data. On March 15, 2002, the Commission voted to deny the remaining 
portions of 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 Sent Additional 
Information to Commission       01/14/02
Balance of Petition Denied      03/15/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 3041-AB47
_______________________________________________________________________




3661. PETITION FP 99-1 REQUESTING LABELING RULE FOR POLYURETHANE FOAM IN 
UPHOLSTERED FURNITURE

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC 
1191, Flammable Fabrics Act

CFR Citation: None

Legal Deadline: None

Abstract: A petition from the National Association of State Fire 
Marshals (NASFM) requested that the Commission require labels under the 
Flammable Fabrics Act warning that polyurethane foam in upholstered 
furniture poses a fire hazard. The Commisssion denied the petition on 
February 26, 2002.

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             02/26/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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
_______________________________________________________________________




3662. PETITIONS FP 00-1, FP 00-2, FP 00-3, AND FP 00-4 REQUESTING 
REQUIREMENTS FOR FLAMMABILITY OF MATTRESSES

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC 
1191, Flammable Fabrics Act

CFR Citation: None

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. The Commission has docketed these 
petitions under provisions of the Flammable Fabrics Act. The Commission 
voted to grant petitions FP 00-1 requesting that the Commission adopt a 
standard similar to California TB 117 and FP 00-2 requesting that the 
Commission adopt a standard similar to British Standard 5852, and deny 
petitions FP 00-3 requesting that the Commission require a warning 
label and FP 00-4 requesting that the Commission require a permanent 
identification tag.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petitions Docketed              05/22/00
Notice                          06/12/00                    65 FR 36890
Comment Period End              08/11/00

[[Page 34080]]

Staff Sent Briefing Package to 
Commission                      08/16/01
Commission Decision             10/02/01

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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]

Related RIN: Previously reported as 3041-AC02
RIN: 3041-AB89
_______________________________________________________________________




3663. PETITION CP 00-1 REQUESTING PERFORMANCE REQUIREMENTS FOR NON-WOOD 
BASEBALL BATS

Priority: Substantive, Nonsignificant

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

CFR Citation: None

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. On December 28, 2001, 
the staff sent a briefing package to the Commission for its 
consideration as to whether to grant, deny, or defer the petition. The 
Commission voted to deny the petition on March 6, 2002.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               05/24/00
Notice                          06/15/00                    65 FR 37525
Comment Period End              08/14/00
Staff Sent Briefing Package to 
Commission                      12/28/01
Commission Voted to Deny 
Petition                        03/06/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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
_______________________________________________________________________




3664. PETITION HP 00-4 REQUESTING A RULE BANNING BABY BATH SEATS

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: 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 (ANPRM).

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

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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]

Related RIN: Related To 3041-AC03
RIN: 3041-AB93
_______________________________________________________________________




3665. PETITION HP 01-02 REQUESTING EXEMPTION FOR MODEL ROCKET PROPELLANT 
DEVICES USED WITH GROUND VEHICLES

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: 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 insofar as it pertained to the 
smaller model rocket car that the petitioner proposed to market, but 
denied the petition insofar as it pertained to the larger model rocket 
car that the petitioner proposed to market.

[[Page 34081]]

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: No

Small Entities Affected: No

Government Levels Affected: None

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]

Related RIN: Related To 3041-AC00
RIN: 3041-AB95
[FR Doc. 02-7692 Filed 05-10-02; 8:45 am]
BILLING CODE 6355-01-S
