[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 75497]]

-----------------------------------------------------------------------

Part XLIX






Consumer Product Safety Commission





-----------------------------------------------------------------------



Semiannual Regulatory Agenda

[[Page 75498]]



CONSUMER PRODUCT SAFETY COMMISSION (CPSC)






_______________________________________________________________________

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Ch. II

Semiannual Regulatory Agenda

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, 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 [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: September 11, 2002.

 Todd Stevenson,

Secretary, Consumer Product Safety Commission.

                                Consumer Product Safety Commission--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
3940        Amendment of the Standard for the Flammability of Clothing Textiles.................     3041-AB68
3941        Petition HP 99-1 for a Ban of Polyvinyl Chloride in Toys and Other Products Intended     3041-AB79
            for Children Five Years of Age and Under............................................
3942        Petition HP 00-2 Requesting a Rule Declaring Natural Rubber Latex a Strong               3041-AB88
            Sensitizer..........................................................................
3943        Petition HP 01-1 Requesting Development of Performance Standard for Bicycle              3041-AB94
            Handlebars..........................................................................
3944        Petition HP 01-03 Requesting a Ban on Use of Chromated-Copper-Arsenate (CCA) Treated     3041-AB97
            Wood in Playground Equipment........................................................
3945        Petition CP 01-01 Requesting Rule Requiring Product Registration Cards for Products      3041-AB98
            Intended for Children...............................................................
3946        Petition CP 02-3 Requesting Standard for Hunting Tree Stands and Ban of Waist Belt       3041-AC07
            Restraints Used With Hunting Tree Stands............................................
3947        Petition CP 02-2 Requesting Rule to Require Performance Standard for Auxiliary           3041-AC09
            Hazard Lighting Systems on Snowmobiles..............................................
----------------------------------------------------------------------------------------------------------------


[[Page 75499]]


                             Consumer Product Safety Commission--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
3948        Flammability Standard for Upholstered Furniture.....................................     3041-AB35
3949        Amendment of Safety Regulations for Cribs...........................................     3041-AB67
3950        Portable Bed Rails..................................................................     3041-AB91
3951        Proposed Rule on Baby Bath Seats....................................................     3041-AC03
----------------------------------------------------------------------------------------------------------------


                              Consumer Product Safety Commission--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
3952        Proposed Ban of Candles With Lead-Containing Wicks and Wicks Sold for Candle-Making      3041-AB96
            That Contain Lead...................................................................
3953        Proposed Rule Exempting Certain Model Rocket Propellant Devices For Use With             3041-AC00
            Lightweight Surface Vehicles........................................................
----------------------------------------------------------------------------------------------------------------


                              Consumer Product Safety Commission--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
3954        Petition CP 02-01 Requesting Rule Adopting ASTM F400, Safety Standard For Lighters       3041-AC01
            as a Consumer Product Safety Standard...............................................
3955        Proposed Standard To Address Open-Flame Ignition of Mattresses/Bedding..............     3041-AC02
3956        Test Method for Determining Applicability of Cautionary Labeling and Child-Resistant     3041-AC05
            Packaging to Hydrocarbon-Containing Products in Spray Packaging.....................
3957        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
----------------------------------------------------------------------------------------------------------------
3958        Baby Walkers........................................................................     3041-AB40
3959        Rulemaking to Exempt Hormone Replacement Therapy Products From Special Packaging         3041-AC04
            Requirements........................................................................
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Consumer Product Safety Commission (CPSC)                 Prerule Stage






_______________________________________________________________________




3940. 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 prepared 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 
decided to begin a proceeding for amendment of the standard.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Staff Sent Briefing Package to 
Commission                      06/11/02
Commission Decision             08/28/02
ANPRM                           09/12/02                    67 FR 57770

[[Page 75500]]

ANPRM Comment Period End        11/12/02
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-AB68
_______________________________________________________________________




3941. PETITION HP 99-1 FOR A BAN OF POLYVINYL CHLORIDE IN TOYS AND OTHER 
PRODUCTS INTENDED FOR CHILDREN FIVE 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 sent a briefing package to the Commission in 
September 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                      09/23/02
Commission Decision             11/00/02

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
_______________________________________________________________________




3942. 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 
is preparing a briefing package for consideration by the Commission. 
Before finalizing the briefing package, the staff plans to ask outside 
experts to review the staff's assessment of the health effects related 
to latex.

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
Expert Assessment Completed     12/00/02
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

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
_______________________________________________________________________




3943. 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

[[Page 75501]]

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 is preparing 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                      10/31/02
Commission Decision             11/00/02

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
_______________________________________________________________________




3944. PETITION HP 01-03 REQUESTING A BAN ON USE OF CHROMATED-COPPER-
ARSENATE (CCA) TREATED WOOD IN PLAYGROUND EQUIPMENT

Priority: Substantive, Nonsignificant. 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. 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. Commission staff is reviewing comments 
received on the petition and is conducting studies to obtain exposure 
data to assess possible health risks to children from the use of CCA-
treated wood in playground equipment. The Conference report 
accompanying 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. Also, in February 2002 the USEPA 
announced that the manufacturers of CCA had requested that 
registrations of CCA be cancelled, effective December 31, 2003. The 
Commission staff is currently preparing an options briefing package for 
Commission consideration. Before finalizing the briefing package, the 
staff plans to ask outside experts to review the staff's risk 
assessment related to CCA-treated wood in playground equipment.

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
Expert Assessment Completed     09/30/02
Staff Sends Briefing Package to 
Commission                      11/00/02

Regulatory Flexibility Analysis Required: Undetermined

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
_______________________________________________________________________




3945. 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 is preparing a 
briefing package for consideration by the Commission. The Commission 
has been considering how best to improve the effectiveness of recalls.

[[Page 75502]]

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                  10/31/02
Commission Decision             11/00/02

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
_______________________________________________________________________




3946. [bull] PETITION CP 02-3 REQUESTING STANDARD FOR HUNTING TREE 
STANDS AND BAN OF WAIST BELT RESTRAINTS USED WITH HUNTING TREE STANDS

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

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

CFR Citation: None

Legal Deadline: None

Abstract: A petition from Carol Pollack-Nelson requests that the 
Commission issue regulations that would establish a mandatory standard 
for hunting tree stands to address the risk of falling, and ban waist 
belt restraints used with the tree stands. On May 1, 2002, the 
Commission published a notice in the Federal Register to solicit 
comments on the petition from all interested persons. The staff is 
preparing a briefing package for consideration by the Commission.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               04/15/02
Notice                          05/01/02                    67 FR 21640
Comment Period End              07/01/02
Staff Sends Briefing Package to 
Commission                      01/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: DeWane Ray, Project Manager, Consumer Product Safety 
Commission, Director for Engineering
Phone: 301 504-0508

RIN: 3041-AC07
_______________________________________________________________________




3947. [bull] PETITION CP 02-2 REQUESTING RULE TO REQUIRE PERFORMANCE 
STANDARD FOR AUXILIARY HAZARD LIGHTING SYSTEMS ON SNOWMOBILES

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: In correspondence dated February 8, 2002, Allen J. Lakosky 
and Michelle Robillard of Snow Glow, Inc., requested that the 
Commission issue a rule prescribing performance standards for 
auxilliary lighting systems on snowmobiles. A notice was published in 
the Federal Register on April 30, 2002, in which the Commission 
solicited public comments concerning the petition. The staff is 
preparing a briefing package for consideration by the Commission

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               03/15/02
Notice                          04/30/02                    67 FR 21222
Comment Period End              07/01/02
Staff Sends Briefing Package to 
Commission                      01/00/03

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Timothy P. Smith, Project Manager, Consumer Product 
Safety Commission, Division of Human Factors, Directorate for 
Engineering Sciences
Phone: 301 504-0468
Email: [email protected]

RIN: 3041-AC09
_______________________________________________________________________


Consumer Product Safety Commission (CPSC)           Proposed Rule Stage






_______________________________________________________________________




3948. 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

[[Page 75503]]

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 authorize the staff to conduct 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.
On June 18 and 19, 2002, the Commission staff held a public meeting to 
receive information on the upholstered furniture project. The staff is 
analyzing the information received at the hearing and will present the 
analysis to the Commission.

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 Held 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
_______________________________________________________________________




3949. 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 Completes Monitoring 
Conformance                     10/31/02
Staff Sends Briefing Package to 
Commission                      11/00/02
Commission Decision             12/00/02

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-AB67

[[Page 75504]]

_______________________________________________________________________




3950. 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 instructed 
the Office of the General Counsel to prepare a draft notice of proposed 
rulemaking addressing this issue for its consideration.

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 Draft NPRM to 
Commission                      10/31/02
Commission Decision on NPRM     11/00/02

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
_______________________________________________________________________




3951. 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 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                      10/31/02
Commission Decision             11/00/02

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]

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


Consumer Product Safety Commission (CPSC)              Final Rule Stage






_______________________________________________________________________




3952. 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 (NPRM). The NPRM was published in the Federal Register on 
April 24, 2002. The staff is responding to the public comments received 
in response to the NPRM, 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

[[Page 75505]]

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                      11/00/02

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
_______________________________________________________________________




3953. 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 Substances 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 is 
addressing public comments received in response to the NPRM and is 
preparing 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                      10/31/02
Commission Decision             11/00/02

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
_______________________________________________________________________


Consumer Product Safety Commission (CPSC)             Long-Term Actions






_______________________________________________________________________




3954. 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
_______________________________________________________________________




3955. 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

[[Page 75506]]

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
_______________________________________________________________________




3956. 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                       65 FR 93
NPRM Comment Period End         03/20/00
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

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
_______________________________________________________________________




3957. 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 voted to publish a notice of proposed 
rulemaking (NPRM) to revise its regulations to extend their coverage to 
attorneys representing clients before the Commission in matters other 
than formal adjudication. Attorney conduct in adjudicative matters is 
already covered by Commission regulations. The Commission is presently 
considering whether there is any need to extend the coverage of the 
regulations.

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
_______________________________________________________________________


Consumer Product Safety Commission (CPSC)             Completed Actions






_______________________________________________________________________




3958. BABY WALKERS

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 1261, Federal Hazardous Substances Act; 15 USC 
1262, Federal Hazardous Substances Act

CFR Citation: None

Legal Deadline: None

Abstract: On August 2, 1994, the Commission published an advance notice 
of proposed rulemaking (ANPRM) that began a proceeding that could 
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

[[Page 75507]]

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. In response to the Commission's work in this area, ASTM 
International published revisions to the voluntary standard for baby 
walkers in 1997 to address the hazard of falling down stairs. In 2000, 
baby walker injuries to children under 15 months of age had dropped to 
7,400. Based on this and the staff's assessment of 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 recommended that the Commission 
terminate further regulatory proceedings. The Commission voted to do so 
and a Federal Register notice announcing the termination was published 
on May 9, 2002.

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 Sent Briefing Package to 
Commission                      04/25/02
Commission Decision to Terminate 
Proceeding                      05/01/02
Notice of Termination           05/09/02                    67 FR 31165

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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
_______________________________________________________________________




3959. 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. The Commission received one comment in favor of the 
proposed rule. On October 24, 2002, the Commission voted to issue a 
final rule exempting HRT products from poison prevention packaging 
requirements.

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                      10/09/02
Commission Decision             10/24/02
Final Rule                      11/01/02                    67 FR 66550
Final Rule Effective            11/01/02

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
[FR Doc. 02-23901 Filed 12-06-02; 8:45 am]
BILLING CODE 6355-01-S
