[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]


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Part XLIX





Consumer Product Safety Commission





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Semiannual Regulatory Agenda

[[Page 73862]]



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 January 
31, 2003.

ADDRESSES: Comments on the regulatory flexibility agenda should be 
mailed to the Office of the Secretary, Consumer Product Safety 
Commission, Washington, DC 20207-0001; Telephone (301) 504-0800, or 
delivered to the Office of the Secretary, Room 502, 4330 East-West 
Highway, Bethesda, Maryland 20814-4423. Comments should be captioned 
``Regulatory Flexibility Agenda.'' Comments may also be filed by 
telefacsimile to (301) 504-0127, or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: For further information on the agenda 
in general, contact Jacqueline Elder, Office of Hazard Identification 
and Reduction, Consumer Product Safety Commission, Washington, DC 
20207-0001, telephone (301) 504-7645, e-mail [email protected]. 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, 2003.

 Todd Stevenson,

Secretary, Consumer Product Safety Commission.

                                Consumer Product Safety Commission--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
3989        Flammability Standard for Upholstered Furniture.....................................    3041--AB35
3990        Petition HP 00--2 Requesting a Rule Declaring Natural Rubber Latex a Strong             3041--AB88
            Sensitizer..........................................................................
3991        Petition CP 02--01 Requesting a Rule Adopting ASTM F400, Safety Standard for            3041--AC01
            Lighters as a Consumer Product Safety Standard......................................
3992        Petition CP 02--3 Requesting a Standard for Hunting Tree Stands and a Ban of Waist      3041--AC07
            Belt Restraints Used With Hunting Tree Stands.......................................
3993        Petition CP 03--1/HP 03--1 Requesting a Standard for Bunk Bed Corner Posts..........    3041--AC10
----------------------------------------------------------------------------------------------------------------


[[Page 73863]]


                             Consumer Product Safety Commission--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
3994        Proposed Rule on Baby Bath Seats....................................................    3041--AC03
----------------------------------------------------------------------------------------------------------------


                             Consumer Product Safety Commission--Long--Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
3995        Amendment of Safety Regulations for Cribs...........................................    3041--AB67
3996        Amendment of the Standard for the Flammability of Clothing Textiles.................    3041--AB68
3997        Portable Bed Rails..................................................................    3041--AB91
3998        Proposed Standard To Address Open--Flame Ignition of Mattresses/Bedding.............    3041--AC02
3999        Test Method for Determining Applicability of Cautionary Labeling and Child--            3041--AC05
            Resistant Packaging to Hydrocarbon--Containing Products in Spray Packaging..........
4000        Petition CP 02--4/HP 02--1 Requesting a Ban of All--Terrain Vehicles That Are Sold      3041--AC11
            for the Use of Children Under 16 Years Old..........................................
4001        Possible Special Packaging Standard for Household Products Containing Hydroxides....    3041--AC12
4002        Petition PP 03--1 Requesting an Amendment To Child--Resistance Testing Pass/Fail        3041--AC17
            Criterion for Unit Dose Packaging...................................................
4003        Petition CP 03--3 Requesting the Labeling of Weightlifting Bench Press Benches To       3041--AC18
            Reduce or Prevent Deaths Due to Asphyxia/Anoxia.....................................
4004        Petition CP 03--2 Requesting Performance Standards for a System To Reduce or Prevent    3041--AC19
            Injuries from Contacting the Blade of a Table Saw...................................
----------------------------------------------------------------------------------------------------------------


                              Consumer Product Safety Commission--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4005        Petition HP 01--1 Requesting the Development of a Performance Standard for Bicycle      3041--AB94
            Handlebars..........................................................................
4006        Petition HP 01--03 Requesting a Ban on Use of Chromated--Copper--Arsenate (CCA)         3041--AB97
            Treated Wood in Playground Equipment................................................
4007        Petition CP 02--2 Requesting a Rule To Require a Performance Standard for Auxiliary     3041--AC09
            Hazard Lighting Systems on Snowmobiles..............................................
4008        Requirements for Bicycles--Tests and Test Procedures; Correction....................    3041--AC20
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Consumer Product Safety Commission (CPSC)                 Prerule Stage


  



_______________________________________________________________________




3989. FLAMMABILITY STANDARD FOR UPHOLSTERED FURNITURE

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: 15 USC 1191, 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. The 
CPSC staff conducted research and developed a draft flammability 
performance standard. The draft standard was first presented to 
stakeholders at a 1996 ASTM voluntary standards meeting. The staff also 
worked with industry and voluntary standards groups to develop possible 
alternatives to a federal rule. In 1997, the staff forwarded a briefing 
package containing the draft standard and supporting data to the 
Commission.
In 1998, the Commission held a public hearing to gather additional 
information beyond that available to the agency on the potential 
toxicity, health risks, and environmental effects associated with 
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

[[Page 73864]]

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 has also worked 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 containing an 
updated draft standard and supporting data to the Commission. In 2002, 
the Commission staff held a public meeting to receive any new technical 
information and recommendations from interested parties on the 
upholstered furniture project. In 2003, the staff forwarded a package 
to the Commission analyzing the information received at the meeting, 
and a package recommending that the Commission expand its proceeding to 
cover both small open flame and cigarette ignition risks. On October 
17, 2003, the Commission voted to issue a new ANPRM to start a 
proceeding to cover both small open flame and cigarette ignition risks.

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 Sent Analysis of 
Information From Public Meeting 
to the Commission               02/06/03
Staff Sent Regulatory Options to 
Commission                      07/12/03
Notice of September 24 Public 
Meeting                         08/27/03                    68 FR 51564
Commission Decision             10/17/03
ANPRM                           10/23/03                    68 FR 60629
ANPRM Comment Period End        12/22/03
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Dale R. Ray, Project Manager, Consumer Product Safety 
Commission, Directorate for Economic Analysis, Washington, DC 20207
Phone: 301 504--7704
Email: [email protected]

RIN: 3041-AB35
_______________________________________________________________________




3990. 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 require 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. 
Before completing the briefing package, the staff asked Federal experts 
to review the staff's assessment of the health effects related to 
latex. The staff incorporated comments from this review and has 
completed 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
Federal Expert Review Completed 10/28/02
Staff Sent Briefing Package to 
Commission                      10/16/03
Notice of Staff Briefing and 
Public Meeting Held on December 
10, 2003                        11/14/03                    68 FR 64610
Commission Decision             12/00/03

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--7256
Email: [email protected]

RIN: 3041-AB88

[[Page 73865]]

_______________________________________________________________________




3991. PETITION CP 02--01 REQUESTING A 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 Lighter 
Association submitted supplemental information in support of the 
petition on November 19, 2002. The staff is reviewing all information 
received and 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                      12/00/03

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Rikki Z. Khanna, Project Manager, Consumer Product 
Safety Commission, Directorate for Engineering Sciences, Washington, DC 
20207
Phone: 301 504--7546
Email: [email protected]

RIN: 3041-AC01
_______________________________________________________________________




3992. PETITION CP 02--3 REQUESTING A STANDARD FOR HUNTING TREE STANDS 
AND A 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, Ph.D. 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                      12/00/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: DeWane J. Ray, Project Manager, Consumer Product Safety 
Commission, Directorate for Engineering Sciences, Washington, DC 20207
Phone: 301 504--7547
Email: [email protected]

RIN: 3041-AC07
_______________________________________________________________________




3993. PETITION CP 03--1/HP 03--1 REQUESTING A STANDARD FOR BUNK BED 
CORNER POSTS

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

Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC 
1262(j), Federal Hazardous Substances Act; 15 USC 2058(i), Consumer 
Product Safety Act

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: A petition from the Danny Foundation requests that the 
Commission establish a standard to address an alleged hazard of 
strangulation posed by bunk bed corner posts. The petitioner asserts 
that due to the height of bunk beds, corner posts on bunk beds pose a 
substantial risk to children when the children's clothing, bedding, or 
other items become caught on the corner posts. On November 8, 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 January 7, 2003. The staff is preparing a briefing 
package for consideration by the Commission.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               10/23/02
Notice                          11/08/02                    67 FR 68107
Comment Period End              01/07/03
Staff Sends Briefing Package to 
Commission                      12/00/03

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Agency Contact: Debra L. Sweet, Project Manager, Consumer Product 
Safety Commission, Directorate for Epidemiology, Washington, DC 20207
Phone: 301 504--7403
Email: [email protected]

RIN: 3041-AC10

[[Page 73866]]

_______________________________________________________________________


Consumer Product Safety Commission (CPSC)           Proposed Rule Stage


  



_______________________________________________________________________




3994. 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 briefed the Commission on July 28, 2003, and the 
Commission received oral comments from the public on the same date. The 
staff evaluated the comments received at the hearing and sent a 
briefing package to the Commission. On October 16, 2003, the Commission 
decided to issue a notice of proposed rulemaking and directed the staff 
to prepare it for the Commission's 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                      05/08/03
Staff Briefed Commission        07/28/03
Hearing                         07/28/03
Commission Decision             10/16/03
Staff Sends Draft NPRM to 
Commission                      11/00/03

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--7577
Email: [email protected]

RIN: 3041-AC03
_______________________________________________________________________


Consumer Product Safety Commission (CPSC)             Long-Term Actions


  



_______________________________________________________________________




3995. 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 could 
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 the 
adequacy of and conformance with the voluntary standard before deciding 
whether to continue the proceeding by publication of a notice of 
proposed rulemaking, or terminate further proceedings.

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 Adequacy 
of and Conformance with Revised 
Voluntary Standard              03/27/01
Staff Completes Monitoring 
Adequacy and Conformance         To Be                       Determined
Staff Sends Briefing Package to 
Commission                       To Be                       Determined
Commission Decision              To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Patricia L. Hackett, Project Manager, Consumer Product 
Safety Commission, Directorate for Engineering Sciences, Washington, DC 
20207
Phone: 301 504--7577
Email: [email protected]

RIN: 3041-AB67
_______________________________________________________________________




3996. 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

[[Page 73867]]

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. An advance 
notice of proposed rulemaking was published in the Federal Register on 
September 12, 2002. The staff is reviewing public comments and will 
develop proposed amendments for Commission consideration.

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
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--7530
Email: [email protected]

RIN: 3041-AB68
_______________________________________________________________________




3997. 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 allows children to become entrapped 
between the portable bed rail and the bed. This entrapment can result 
in serious injury or death. The ASTM standard for bed rails has been 
revised and staff will evaluate the adequacy of, and conformance to, 
the revised standard. Following this evaluation, the Commission staff 
will prepare a briefing package for Commission consideration as to 
whether to continue the rulemaking.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Staff Sent 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 Sent Briefing Package to 
Commission                      10/01/01
Commission Decision             10/30/01
Staff Evaluates Conformance to 
Voluntary Standard               To Be                       Determined
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

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--7577
Email: [email protected]

RIN: 3041-AB91
_______________________________________________________________________




3998. 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: In 1995, the Commission staff began a project on mattress 
fires. Subsequent to that, the Commission docketed two 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 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. The staff will address public 
comments on the ANPRM and prepare a briefing package for Commission 
consideration with a draft proposed rule for mattresses. The staff is 
also preparing a briefing package for Commission consideration as to 
whether to issue an ANPRM to address the flammability of bedding.

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

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Margaret L. Neily, Project Manager, Consumer Product 
Safety Commission, Directorate for

[[Page 73868]]

Engineering Sciences, Washington, DC 20207
Phone: 301 504--7530
Email: [email protected]

RIN: 3041-AC02
_______________________________________________________________________




3999. 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--7256
Email: [email protected]

RIN: 3041-AC05
_______________________________________________________________________




4000. PETITION CP 02--4/HP 02--1 REQUESTING A BAN OF ALL--TERRAIN 
VEHICLES THAT ARE SOLD FOR THE USE OF CHILDREN UNDER 16 YEARS OLD

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

Unfunded Mandates: Undetermined

Legal Authority: 5 USC 553(e) Administrative Procedure Act; 15 USC 2056 
Consumer Product Safety Act; 15 USC 1261 Federal Hazardous Substances 
Act

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: A petition from the Consumer Federation of America and 
several other groups requests that the Commission ban adult--sized 
four--wheel, all--terrain vehicles (ATVs) that are sold for the use of 
children under age 16. The petitioners assert that these ATVs pose an 
unreasonable risk of injury and death to children. In January 2003, the 
Commission released a risk analysis of ATV use. The Commission held a 
public hearing on June 5, 2003, in Morgantown, West Virginia. The staff 
is reviewing available information and preparing a briefing package for 
Commission consideration.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               09/26/02
Notice                          10/18/02                    67 FR 64353
Comment Period End              12/17/02
Comment Period Extended         12/26/02                    67 FR 78776
Comment Period End              03/16/03
Notice of Public Hearing        04/23/03                    68 FR 19975
Public Hearing                  06/05/03
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Elizabeth W. Leland, Project Manager, Consumer Product 
Safety Commission, Directorate for Economic Analysis, Washington, DC 
20207
Phone: 301 504--7706
Email: [email protected]

RIN: 3041-AC11
_______________________________________________________________________




4001. POSSIBLE SPECIAL PACKAGING STANDARD FOR HOUSEHOLD PRODUCTS 
CONTAINING HYDROXIDES

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

Unfunded Mandates: 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: Sodium and potassium hydroxide are caustic substances found 
in many household products. In addition to sodium and potassium 
hydroxide, other hydroxides, such as calcium, lithium, and ammonium 
hydroxide are also found in consumer products. There are numerous 
reports of injuries, ranging from minor irritation to second degree 
burns of the oral cavity, esophagus, eyes, and skin resulting from 
exposure to these products. Because of the potential for injury to 
children, household substances in dry forms containing 10 percent or 
more by weight of free or chemically unneutralized sodium and/or 
potassium hydroxide, and all other household substances containing 2 
percent or more by weight of free or chemically unneutralized sodium 
and/or potassium hydroxide currently require child resistant packaging 
under the Poison Prevention Packaging Act.
Based upon new injury and toxicity information, the staff is 
considering whether to recommend: (1) requiring

[[Page 73869]]

special packaging for all hydroxides, and (2) decreasing the percentage 
of sodium and potassium hydroxide for special packaging to be required. 
The staff is preparing a briefing package for Commission consideration.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: John W. Boja, Ph.D., Project Manager, Consumer Product 
Safety Commission, Directorate for Health Sciences, Washington, DC 
20207
Phone: 301 504--7300
Email: [email protected]

RIN: 3041-AC12
_______________________________________________________________________




4002.  PETITION PP 03--1 REQUESTING AN AMENDMENT TO 
CHILD--RESISTANCE TESTING PASS/FAIL CRITERION FOR UNIT DOSE PACKAGING

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

Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC 
1471, Poison Prevention Packaging Act

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: The Healthcare Compliance Packaging Council (HCPC) requests 
that the Commission amend the regulatory definition of a child--
resistance test failure for unit dose, i.e., non--reclosable, packaging 
under the Poison Prevention Packaging Act, 15 U.S.C. 1471--1476. 
Specifically, the HCPC requests that the Commission eliminate the 
current criterion related to the toxicity of the substance to be 
packaged and define a unit dose packaging failure to be a child gaining 
access to more than eight individual unit doses. The staff is reviewing 
available information and will prepare a briefing package for 
consideration by the Commission.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               05/12/03
Other/Notice                    06/16/03                    68 FR 35614
Other/Comment Period End        08/15/03
Staff Sends Briefing Package to 
Commission                       To Be                       Determined
Commission Decision              To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Suzanne Barone Ph.D., Project Manager, Consumer Product 
Safety Commission, Directorate for Health Sciences, Washington, DC 
20207
Phone: 301 504--7256
Email: [email protected]

RIN: 3041-AC17
_______________________________________________________________________




4003.  PETITION CP 03--3 REQUESTING THE LABELING OF 
WEIGHTLIFTING BENCH PRESS BENCHES TO REDUCE OR PREVENT DEATHS DUE TO 
ASPHYXIA/ANOXIA

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

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

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: V. Patteson Lombardi, Ph.D., requests that the Commission 
issue a rule requiring a warning label on both uprights of 
weightlifting bench press benches. He asserts that the labeling is 
necessary to reduce or eliminate deaths due to asphyxia/anoxia caused 
by being trapped under a bench press barbell. The staff is reviewing 
available information and will prepare a briefing package for 
consideration by the Commission.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               06/24/03
Notice                          07/18/03                    68 FR 42692
Comment Period End              09/16/03
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Timothy P. Smith, Project Manager, Consumer Product 
Safety Commission, Division of Human Factors, Directorate for 
Engineering Sciences, Washington, DC 20207
Phone: 301 504--7691
Email: [email protected]

RIN: 3041-AC18
_______________________________________________________________________




4004.  PETITION CP 03--2 REQUESTING PERFORMANCE 
STANDARDS FOR A SYSTEM TO REDUCE OR PREVENT INJURIES FROM CONTACTING THE 
BLADE OF A TABLE SAW

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

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

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: Messrs. Fanning, Fulmer, and Gass, et al., request that the 
Commission issue a rule prescribing performance standards for a system 
to reduce or prevent injuries from contacting the blade of a table saw. 
The staff is reviewing available information and will prepare a 
briefing package for consideration by the Commission.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               06/10/03
Notice                          07/09/03                    68 FR 40912
Comment Period Extended         09/05/03                    68 FR 52753
Comment Period End              11/07/03
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Small Entities Affected: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Caroleene Paul, Project Manager, Consumer Product 
Safety Commission, Directorate for Engineering Sciences, Washington, DC 
20207
Phone: 301 504--7540
Email: [email protected]

RIN: 3041-AC19

[[Page 73870]]

_______________________________________________________________________


Consumer Product Safety Commission (CPSC)             Completed Actions


  



_______________________________________________________________________




4005. PETITION HP 01--1 REQUESTING THE DEVELOPMENT OF A PERFORMANCE 
STANDARD FOR BICYCLE HANDLEBARS

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

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

CFR Citation: None

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 
Commission denied the petition on July 11, 2003. The staff is working 
with the ASTM International Task Group on Handlebars to develop 
voluntary performance requirements to address this risk of injury.

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 Sent Briefing Package to 
Commission                      06/12/03
Petition Denied                 07/11/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Debra L. Sweet, Project Manager, Consumer Product 
Safety Commission, Directorate for Epidemiology, Washington, DC 20207
Phone: 301 504--7403
Email: [email protected]

RIN: 3041-AB94
_______________________________________________________________________




4006. 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.

Unfunded Mandates: 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. 
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, this request was not docketed. 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. Commission staff reviewed comments 
received on the petition and conducted 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 
staff's exposure and risk assessment was reviewed by outside experts. 
Commission staff prepared an options briefing package, including its 
risk assessment, that was sent to the Commission on February 7, 2003, 
for its consideration. The Commission held a public meeting on March 
17--18, 2003, that included a briefing by CPSC staff members on their 
studies and evaluations, as well as testimony from interested public 
parties. The Commission's staff analyzed comments received at the 
hearing and after the hearing and prepared another package for the 
Commission that responds to these comments. On November 4, 2003, the 
Commission voted to deny the petition.

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     12/01/02
Staff Sent Briefing Package to 
Commission                      02/07/03
Public Meeting                  03/17/03
Staff Sent Package to the 
Commission Responding to Public 
Comments                        10/09/03
Petition Denied                 11/04/03

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--7263
Email: [email protected]

RIN: 3041-AB97
_______________________________________________________________________




4007. PETITION CP 02--2 REQUESTING A RULE TO REQUIRE A 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: None

[[Page 73871]]

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 prepared a 
briefing package for consideration by the Commission. The Commission 
denied the petition on August 4, 2003.

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                      07/17/03
Petition Denied                 08/04/03

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Timothy P. Smith, Project Manager, Consumer Product 
Safety Commission, Division of Human Factors, Directorate for 
Engineering Sciences, Washington, DC 20207
Phone: 301 504--7691
Email: [email protected]

RIN: 3041-AC09
_______________________________________________________________________




4008.  REQUIREMENTS FOR BICYCLES--TESTS AND TEST 
PROCEDURES; CORRECTION

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

Legal Deadline: None

Abstract: An immediately effective final rule to correct minor obvious 
typographical errors in equation defining criteria for the reflective 
tire and rim test in the Commission's bicycle regulations at 16 CFR 
part 1512.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Staff Sends Briefing Package to 
Commission                      08/18/03
Commission Approved Final Rule 
for Publication                 08/26/03
Final Rule                      09/05/03                    68 FR 52690
Final Action Effective          09/05/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Vincent Amodeo, Project Manager, Consumer Product 
Safety Commission, Directorate for Engineering Sciences, Washington, DC 
20814
Phone: 301 504--7570
Email: [email protected]

RIN: 3041-AC20
[FR Doc. 03-24028 Filed 12-19-03; 8:45 am]
BILLING CODE 6355-01-S
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