[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 XLVII





Consumer Product Safety Commission





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Semiannual Regulatory Agenda

[[Page 38484]]



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 July 
30, 2004.

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) 504-7923, or 
delivered to the Office of the Secretary, Room 502, 4330 East-West 
Highway, Bethesda, Maryland 20814-4408. 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 Lowell Martin, Office of the General Counsel, 
Consumer Product Safety Commission, Washington, DC 20207-0001, 
telephone (301) 504-7628. For further information regarding a 
particular item on the agenda, consult the individual listed in the 
column headed ``Contact'' for that particular item.

SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (RFA) (5 
U.S.C. 601-612) contains several provisions intended to reduce 
unnecessary and disproportionate regulatory requirements on small 
businesses, small governmental organizations, and other small entities. 
Section 602 of the RFA (5 U.S.C. 602) requires each agency to publish 
twice each year a regulatory flexibility agenda containing a brief 
description of the subject area of any rule expected to be proposed or 
promulgated that is likely to have a ``significant economic impact'' on 
a ``substantial number'' of small entities. The agency must also 
provide a summary of the nature of the rule, and a schedule for acting 
on each rule for which the agency has issued a notice of proposed 
rulemaking.

     The regulatory flexibility agenda is also required to contain 
the name and address of the agency official knowledgeable about the 
items listed. Further, agencies are required to provide notice of 
their agendas to small entities and to solicit their comments by 
direct notification, or by inclusion in publications likely to be 
obtained by such entities.

     Additionally, Executive Order 12866 requires each agency to 
publish twice each year a regulatory agenda of regulations under 
development or review during the next year, and states that such an 
agenda may be combined with the agenda published in accordance with 
the RFA. The regulatory flexibility agenda published below lists 
the regulatory activities expected to be under development or 
review during the next 12 months. It includes all such activities, 
whether or not they may have a significant economic impact on a 
substantial number of small entities. This agenda also includes 
regulatory activities that appeared in the December 2003 agenda 
that have been completed by the Commission prior to publication of 
this agenda.

     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: May 10, 2004

 Todd Stevenson,

Secretary, Consumer Product Safety Commission.

                                Consumer Product Safety Commission--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
3858        Flammability Standard for Upholstered Furniture.......................................    3041-AB35
3859        Proposed Standard To Address Open-Flame Ignition of Mattresses/Bedding................    3041-AC02
3860        Petition PP 03-1 Requesting an Amendment To Child-Resistance Testing Pass/Fail            3041-AC17
            Criterion for Unit Dose Packaging.....................................................
3861        Petition HP 04-2 Requesting Ban of Sulfuric Acid Drain Openers for Consumer Use.......    3041-AC23
----------------------------------------------------------------------------------------------------------------


                              Consumer Product Safety Commission--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
3862        Amendment of Safety Regulations for Cribs.............................................    3041-AB67
3863        Amendment of the Standard for the Flammability of Clothing Textiles...................    3041-AB68
3864        Portable Bed Rails....................................................................    3041-AB91

[[Page 38485]]

 
3865        Petition CP 02-01 Requesting a Rule Adopting ASTM F400, Safety Standard for Lighters      3041-AC01
            as a Consumer Product Safety Standard.................................................
3866        Proposed Rule on Baby Bath Seats......................................................    3041-AC03
3867        Test Method for Determining Applicability of Cautionary Labeling and Child-Resistant      3041-AC05
            Packaging to Hydrocarbon-Containing Products in Spray Packaging.......................
3868        Petition CP 02-3 Requesting a Standard for Hunting Tree Stands and a Ban of Waist Belt    3041-AC07
            Restraints Used With Hunting Tree Stands..............................................
3869        Petition CP 03-1/HP 03-1 Requesting a Standard for Bunk Bed Corner Posts..............    3041-AC10
3870        Petition CP 02-4/HP 02-1 Requesting a Ban of All-Terrain Vehicles That Are Sold for       3041-AC11
            the Use of Children Under 16 Years Old................................................
3871        Possible Special Packaging Standard for Household Products Containing Hydroxides......    3041-AC12
3872        Petition CP 03-3 Requesting the Labeling of Weightlifting Bench Press Benches To          3041-AC18
            Reduce or Prevent Deaths Due to Asphyxia/Anoxia.......................................
3873        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.....................................
3874        Protection of Human Subjects; Technical Amendments....................................    3041-AC21
3875        Petition CP 04-1/HP 04-1 Requesting Mandatory Fire Safety Standards for Candles and       3041-AC22
            Candle Accessories....................................................................
----------------------------------------------------------------------------------------------------------------


                              Consumer Product Safety Commission--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
3876        Petition HP 00-2 Requesting a Rule Declaring Natural Rubber Latex a Strong Sensitizer.    3041-AB88
3877        Safety Standard for Cigarette Lighters; Adjusted Customs Value for Cigarette Lighters.    3041-AC24
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Consumer Product Safety Commission (CPSC)                 Prerule Stage






_______________________________________________________________________




3858. 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 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 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.
In 2002, the staff held a public meeting to receive any new technical 
information and recommendations from interested parties on the 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 include both small open flame and cigarette 
ignition risks in the proceeding.

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

[[Page 38486]]

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                      10/00/04

Regulatory Flexibility Analysis Required: 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
_______________________________________________________________________




3859. 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 advance notice of proposed 
rulemaking (ANPRM) addressing this mattress flammability hazard. The 
Commission published an ANPRM in the Federal Register on 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 briefing 
package will also address the public comments suggesting that the 
Commission 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                      10/00/04

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]

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




3860. 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., nonreclosable, 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 the 18 comments received and will prepare a 
briefing package for consideration by the Commission.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               05/12/03
Notice                          06/16/03                    68 FR 35614
Comment Period End              08/15/03
Staff Sends Briefing Package to 
Commission                      07/00/04
Commission Decision              To Be                       Determined

Regulatory Flexibility Analysis Required: 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
_______________________________________________________________________




3861.  PETITION HP 04-2 REQUESTING BAN OF SULFURIC 
ACID DRAIN OPENERS FOR CONSUMER USE.

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

Unfunded Mandates: Undetermined

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

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: Mr. Michael Fox requests that the Commission issue a ban on 
sulfuric

[[Page 38487]]

acid drain openers (SADOs) for use by consumers or, in the alternative, 
that the Commission require that SADOs for consumers ``be packaged in 
one-shot containers'' and be limited to a maximum sulfuric acid 
concentration of 84 percent. The request was docketed as a petition for 
rulemaking on April 1, 2004. A notice requesting comment on the 
petition was published in the Federal Register on May 5, 2004. The 
comment period closed on July 6, 2004. CPSC staff will prepare a 
briefing package for Commission consideration as to whether to grant, 
deny, or defer action on the petition.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               04/01/04
Notice                          05/05/04                    69 FR 25069
Comment Period End              07/06/04
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Kristina Hatlelid, Ph.D., Project Manager, Consumer 
Product Safety Commission, Directorate for Health Sciences, Washington, 
DC 20207
Phone: 301 504-7254
Email: [email protected]

RIN: 3041-AC23
_______________________________________________________________________


Consumer Product Safety Commission (CPSC)             Long-Term Actions






_______________________________________________________________________




3862. 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 assessthe 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

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
_______________________________________________________________________




3863. 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. An advance 
notice of proposed rulemaking was published in the Federal Register on 
September 12, 2002. The staff is

[[Page 38488]]

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
_______________________________________________________________________




3864. 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
_______________________________________________________________________




3865. 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 Sent Briefing Package to 
Commission                      05/27/04
Commission Decision              To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

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

RIN: 3041-AC01
_______________________________________________________________________




3866. 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

[[Page 38489]]

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. On 
December 29, 2003, the NPRM was published in the Federal Register. The 
comment period closed on March 15, 2004. The staff is presently 
evaluating the comments and monitoring the progress of a revised 
voluntary standard for bath seats (ASTMF 1967-04) which is expected to 
be approved in June 2004.

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
NPRM                            12/29/03                    68 FR 74878
NPRM Comment Period End         03/15/04
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

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

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




3867. 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]

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




3868. 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 Sent Briefing Package to 
Commission                      05/21/04
Commission Decision              To Be                       Determined

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Mark Kumagai, Project Manager, Consumer Product Safety 
Commission, Directorate for Engineering Sciences, Washington, DC 20207
Phone: 301 504-7532
Email: [email protected]

RIN: 3041-AC07
_______________________________________________________________________




3869. 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

[[Page 38490]]

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 allinterested persons. The comment period 
closed on January 7, 2003. On April 13, 2004, the staff sent a briefing 
package to the Commission on this issue.

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                      04/13/04
Commission Decision              To Be                       Determined

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
_______________________________________________________________________




3870. 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
_______________________________________________________________________




3871. 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 special packaging for 
all hydroxides, and(2) decreasing the percentage of 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
_______________________________________________________________________




3872. 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

[[Page 38491]]

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 Sent Briefing Package to 
Commission                      05/13/04
Commission Decision              To Be                       Determined

Regulatory Flexibility Analysis Required: 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
_______________________________________________________________________




3873. 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., petitioned the 
Commission to 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 comments received 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

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
_______________________________________________________________________




3874.  PROTECTION OF HUMAN SUBJECTS; TECHNICAL 
AMENDMENTS

Priority: Substantive, Nonsignificant

Legal Authority: 5 USC 301; 42 USC 300v, President's Commission for the 
Study of Ethical Problems in Medicine and Biomedical and Behavior 
Research

CFR Citation: 16 CFR 1028

Legal Deadline: None

Abstract: The Commission is amending its regulations at 16 CFR part 
1028 on protection of human subjects to make minor technical 
corrections. The corrections are necessary to reflect a reorganization 
at the Department of Health and Human Services (HHS) and to change a 
footnote to reflect changes already made by HHS to its regulations on 
protection of human subjects.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

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

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Lori E. Saltzman, M.S., Chair, CPSC's Human Subjects 
Committee, Consumer Product Safety Commission, Directorate for Health 
Sciences, Washington, DC 20207
Phone: 301 504-7238
Email: [email protected]

RIN: 3041-AC21
_______________________________________________________________________




3875.  PETITION CP 04-1/HP 04-1 REQUESTING MANDATORY 
FIRE SAFETY STANDARDS FOR CANDLES AND CANDLE ACCESSORIES

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 
2051, Consumer Product Safety Act; 15 USC 1261, Federal Hazardous 
Substances Act

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: The National Association of State Fire Marshals requests that 
the Commission issue mandatory safety standards for candles and candle 
accessories such as candleholders. The request was docketed as a 
petition for rulemaking on March 10, 2004. A notice requesting comment 
on the petition was published in the Federal Register on April 6, 2004. 
The comment period closed on June 7, 2004. CPSC staff will prepare a 
briefing package for Commission consideration as to whether to grant, 
deny, or defer action on the petition.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               03/10/04
Notice                          04/06/04                    69 FR 18059
Comment Period End              06/07/04
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Allyson Tenney, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, Washington, 
DC 20207
Phone: 301 504-7567
Email: [email protected]

RIN: 3041-AC22

[[Page 38492]]

_______________________________________________________________________


Consumer Product Safety Commission (CPSC)             Completed Actions






_______________________________________________________________________




3876. 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: None

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. The 
staff sent a briefing package to the Commission that recommended 
denying the petition. The staff briefed the Commission and the 
Commission held a public meeting on December 10, 2003. Written comments 
were accepted until January 10, 2004. Eighteen comments were received. 
The staff addressed the comments and additional questions and forwarded 
a briefing package to the Commission on April 1, 2004. The Commission 
voted to deny the petition.

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
Comment Period End              01/10/04
Staff Sent Briefing Package to 
the Commission                  04/01/04
Petition Denied                 04/30/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

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

RIN: 3041-AB88
_______________________________________________________________________




3877.  SAFETY STANDARD FOR CIGARETTE LIGHTERS; 
ADJUSTED CUSTOMS VALUE FOR CIGARETTE LIGHTERS.

Priority: Substantive, Nonsignificant

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

CFR Citation: 16 CFR 1210.2(b)(2)(ii)

Legal Deadline: None

Abstract: In 1993, the Commission issued a standard that requires 
disposable and novelty lighters to meet specified requirements for 
child resistance. The standard defines disposable lighters as those 
that either are: (1) nonrefillable, or (2) use butane or similar fuels 
and have ``a Customs Valuation or exfactory price under $2.00, as 
adjusted every 5 years, to the nearest $0.25, in accordance with the 
percentage changes in the monthly Wholesale Price Index from June 
1993.'' 16 CFR 1210.2(b)(2)(ii). Thus,the rule provides for automatic 
adjustment of the $2.00 threshold amount every five years in accordance 
with inflation. No adjustment was necessary in 1998 because the change 
in the Index was not sufficient to warrant adjustment. However, 
adjustment did occur in 2003 to $2.25. The Commission issued this 
amendment, which adds to the rule a statement that the import value 
adjusted to $2.25 when the June 2003 Index was finalized by the 
Department of Labor's Bureau of Labor Statistics in November 2003. The 
amendment also changed the term ``Wholesale Price Index'' to ``Producer 
Price Index for Miscellaneous Fabricated Products'' as the Index is now 
known.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Staff Sent Briefing Package to 
Commission                      03/18/04
Direct Final Rule               04/14/04                    69 FR 19762

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Joseph S. Vogel, Office of Compliance, Consumer Product 
Safety Commission, Washington, DC 20207
Phone: 301 504-7599
Email: [email protected]

RIN: 3041-AC24
[FR Doc. 04-12523 Filed 06-25-04; 8:45 am]
BILLING CODE 6355-01-S