[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 27844]]



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 June 8, 
2005.

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, MD 20814-4408. Comments should be captioned 
``Regulatory Flexibility Agenda.'' Comments may also be filed by fax to 
(301) 504-0127, or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: For further information on the agenda 
in general, contact Barbara Parisi, Office of the General Counsel, 
Consumer Product Safety Commission, Washington, DC 20207-0001; 
Telephone (301) 504-7879. 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 2004 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: March 18, 2005.

 Todd A. Stevenson,

Secretary.

                                Consumer Product Safety Commission--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
3663        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................................................
3664        Possible Special Packaging Standard for Household Products Containing Hydroxides......    3041-AC12
3665        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.....................................
3666        Petition CP 04-1/HP 04-1 Requesting Mandatory Fire Safety Standards for Candles and       3041-AC22
            Candle Accessories....................................................................
3667        Petition HP 04-2 Requesting a Ban of Sulfuric Acid Drain Openers for Consumer Use.....    3041-AC23
3668        Mandatory Safety Standard for Cigarette Lighters......................................    3041-AC25
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[[Page 27845]]


                             Consumer Product Safety Commission--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
3669        Flammability Standard for Upholstered Furniture.......................................    3041-AB35
3670        Amendment of the Standard for the Flammability of Clothing Textiles...................    3041-AB68
3671        Portable Bed Rails....................................................................    3041-AB91
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                              Consumer Product Safety Commission--Final Rule Stage
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
3672        Proposed Standard To Address Open-Flame Ignition of Mattresses/Foundation Sets........    3041-AC02
3673        Safety Standard for Baby Bath Seats...................................................    3041-AC03
----------------------------------------------------------------------------------------------------------------


                              Consumer Product Safety Commission--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
3674        Amendment of Safety Regulations for Cribs.............................................    3041-AB67
3675        Test Method for Determining Applicability of Cautionary Labeling and Child-Resistant      3041-AC05
            Packaging to Hydrocarbon-Containing Products in Spray Packaging.......................
3676        Petition CP 03-1/HP 03-1 Requesting a Standard for Bunk Bed Corner Posts..............    3041-AC10
3677        Proposed Standard to Address Open-Flame Ignition of Bedclothes........................    3041-AC26
----------------------------------------------------------------------------------------------------------------


                              Consumer Product Safety Commission--Completed Actions
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
3678        Petition CP 02-01 Requesting a Rule Adopting ASTM F400, Safety Standard for Lighters      3041-AC01
            as a Consumer Product Safety Standard.................................................
3679        Petition PP 03-1 Requesting an Amendment to Child-Resistance Testing Pass/Fail            3041-AC17
            Criterion for Unit Dose Packaging.....................................................
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Consumer Product Safety Commission (CPSC)                 Prerule Stage


  



_______________________________________________________________________




3663. 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, WV. The staff sent a 
briefing package to the Commission on February 4, 2005. A staff 
briefing and public meeting to receive comments concerning the petition 
was held on March 22, 2005.

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                      02/04/05

[[Page 27846]]

Notice of Public Meeting        02/11/05                     70 FR 7247
Public Meeting                  03/22/05
Commission Decision             07/00/05

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
_______________________________________________________________________




3664. 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                      07/00/05

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
_______________________________________________________________________




3665. 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 preparing 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                      07/00/05

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
_______________________________________________________________________




3666. 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                      08/00/05

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Allyson Tenney, Project Manager, Directorate for

[[Page 27847]]

Engineering Sciences, Consumer Product Safety Commission, Washington, 
DC 20207
Phone: 301 504-7567
Email: [email protected]

RIN: 3041-AC22
_______________________________________________________________________




3667. PETITION HP 04-2 REQUESTING A 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 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                      07/00/05

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
_______________________________________________________________________




3668. [bull] MANDATORY SAFETY STANDARD FOR CIGARETTE LIGHTERS

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: In November 2001, a petition from the Lighter Association, 
Inc. requested that the Commission issue a rule to adopt an ASTM 
voluntary safety standard for cigarette lighters. In November 2004, the 
Commission voted to grant the petition and initiate a rulemaking 
proceeding.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Staff Sent Draft ANPRM to 
Commission                      03/25/05
Commission Decision             03/31/05
ANPRM                           04/11/05                    70 FR 18339
ANPRM Comment Period End        06/10/05

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-AC25
_______________________________________________________________________


Consumer Product Safety Commission (CPSC)           Proposed Rule Stage


  



_______________________________________________________________________




3669. FLAMMABILITY STANDARD FOR UPHOLSTERED FURNITURE

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: 15 USC 1193, Flammable Fabrics Act; 5 USC 801

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. 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

[[Page 27848]]

cover both small open flame and cigarette ignition risks.
On October 23, 2003, the Commission issued a new ANPRM expanding the 
scope of the proceeding to include both cigarette and small open flame-
ignited fire risks. The staff held a public meeting to discuss public 
comments on April 9, 2004. The staff developed a revised draft standard 
addressing both cigarette and small open flame ignition, and held a 
public meeting on October 28, 2004 to present the revised draft. The 
staff is currently analyzing comments and preparing alternatives for 
Commission consideration.
CPSC is also considering possible impacts of flame-retardant chemical 
use on worker safety and the environment. At the CPSC staff's request, 
the National Institute for Occupational Safety and Health studied 
potential worker exposure to and risks from certain flame-retardant 
chemicals that may be used by textile and furniture producers to comply 
with an upholstered furniture flammability standard. NIOSH 
preliminarily concluded that significant worker health effects were 
unlikely. CPSC staff is also working with the Environmental Protection 
Agency to (a) develop a significant new use rule (SNUR) for flame-
retardant compounds used in residential upholstered furniture fabrics 
under that agency's Toxic Substances Control Act Authority, and (b) 
identify and encourage the use of environmentally-friendly flame 
retardants under a Design for the Environment industry/government 
partnership.

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 Held Public Meeting       10/28/04
Staff Holds Public Meeting      05/00/05
Staff Sends Briefing Package to 
Commission                      09/00/05

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
_______________________________________________________________________




3670. 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 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                      09/00/05

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Patricia K. Adair, Project Manager, Consumer Product 
Safety Commission, Directorate for Engineering Sciences, Washington, DC 
20207
Phone: 301 504-7536
Email: [email protected]

RIN: 3041-AB68
_______________________________________________________________________




3671. 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

[[Page 27849]]

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. In October 2000, the Commission issued an 
advance notice of proposed rulemaking addressing this issue. The ASTM 
standard for bed rails has since 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              06/00/05
Staff Sends Briefing Package to 
Commission                      10/00/05

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
_______________________________________________________________________


Consumer Product Safety Commission (CPSC)              Final Rule Stage


  



_______________________________________________________________________




3672. PROPOSED STANDARD TO ADDRESS OPEN-FLAME IGNITION OF MATTRESSES/
FOUNDATION SETS

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: 15 USC 1193, Flammable Fabrics Act; 5 USC 801

CFR Citation: 16 CFR 1633

Legal Deadline: None

Abstract: On October 11, 2001, 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 
mattresses/bedding by small open-flame sources such as lighters, 
candles, or matches. This ANPRM was issued after the Commission staff 
conducted a field investigation study of these incidents and worked 
with industry members to improve consumer information programs and 
conducted research to define and measure the fire hazard presented by 
mattress/bedding ignitions in residential fires.
The Commission also received four petitions from the Children's 
Coalition for Fire-Safe Mattresses proposing (1) an open flame standard 
similar to the full-scale test set forth in California Technical 
Bulletin 129, (2) an open flame standard similar to the component test 
set forth in British Standard 5852, (3) a warning label for mattresses 
warning of polyurethane foam fire hazards, and (4) a permanent, fire-
proof mattress identification tag. The Commission granted the first two 
petitions and denied the others.
The Commission staff reviewed public comments on the ANPRM and 
continued working with the Sleep Products Safety Council (representing 
manufacturers and suppliers to the industry), the National Institute of 
Standards and Technology, the State of California Bureau of Home 
Furnishings, and others to complete the development of an appropriate 
test method and criteria for a standard to address open flame ignition 
of mattresses. In 2004, the staff prepared a decision package for 
Commission consideration, including a draft proposed standard with 
supporting materials, draft notice of proposed rulemaking (NPRM), and 
possible options to separately address the bedclothes contribution to 
mattress fires. On December 22, 2004, the Commission voted to publish 
the NPRM for mattresses (and to separately address bedclothes by 
publishing an ANPRM for bedclothes). The staff will evaluate public 
comments received on the NPRM and prepare a briefing package for 
Commission decision on publishing a final mattress standard.

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                      11/01/04
Staff Briefs Commission on NPRM 
Draft                           12/09/04
Commission Decision             12/22/04
NPRM                            01/13/05                     70 FR 2470
Public Hearing                  03/03/05
NPRM Comment Period End         03/29/05
Staff Sends Briefing Package to 
Commission                      10/00/05

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-AC02

[[Page 27850]]

_______________________________________________________________________




3673. SAFETY STANDARD FOR 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. 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 evaluating adequacy of a revised voluntary standard for 
bath seats (ASTMF 1967-04), which was approved in July 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 Evaluates Adequacy of 
Voluntary Standard              06/00/05
Staff Sends Briefing Package to 
Commission                      09/00/05

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
_______________________________________________________________________


Consumer Product Safety Commission (CPSC)             Long-Term Actions


  



_______________________________________________________________________




3674. 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 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

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

[[Page 27851]]

Email: [email protected]

RIN: 3041-AB67
_______________________________________________________________________




3675. 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
_______________________________________________________________________




3676. 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. On April 13, 2004, the staff sent a 
briefing package to the Commission on this issue. On July 30, 2004, the 
Commission voted to defer action on the petition while the staff 
continues to work with the ASTM bunk bed subcommittee on this issue. A 
revised voluntary standard for bunk beds was published in October 2004 
that incorporates warning language about hangings associated with bunk 
beds and attaching items to the bed. CPSC staff is working with the 
subcommittee to develop a performance requirement to address 
strangulation hazards with vertical protrusions.

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 Votes To Defer Action07/30/04
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

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

RIN: 3041-AC10
_______________________________________________________________________




3677. [bull] PROPOSED STANDARD TO ADDRESS OPEN-FLAME IGNITION OF 
BEDCLOTHES

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

Legal Authority: 15 USC 1193; Flammable Fabrics Act; 5 USC 801

CFR Citation: 16 CFR 1634

Legal Deadline: None

Abstract: On January 13, 2005, 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 open-flame 
ignition of bedclothes. Bedclothes are a major contributor to mattress 
ignition. Commission staff reviewed research indicating that mattresses 
and bedclothes operate together as a system in fires involving 
mattresses. Research has suggested that improved flammability 
performance of some bedclothes can reduce the fire hazard. The 
Commission staff will review public comments received on the ANPRM and 
conduct research to identify and measure the fire hazard presented by 
burning bedclothes and the relationship with mattresses. Staff will 
prepare a decision package for Commission consideration.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/13/05                     70 FR 2514
ANPRM Comment Period End        03/14/05

[[Page 27852]]

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

RIN: 3041-AC26
_______________________________________________________________________


Consumer Product Safety Commission (CPSC)             Completed Actions


  



_______________________________________________________________________




3678. PETITION CP 02-01 REQUESTING A RULE ADOPTING ASTM F400, SAFETY 
STANDARD FOR LIGHTERS AS A CONSUMER PRODUCT SAFETY STANDARD

Priority: Substantive, Nonsignificant

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

CFR Citation: None

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 reviewed available information 
and sent a briefing package to the Commission on May 27, 2004. The 
Commission held a public meeting on the petition on September 14, 2004. 
The Commission voted to grant the petition on November 30, 2004.

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
Notice of September 14 Public 
Meeting                         08/16/04                    69 FR 50363
Public Meeting on Petition      09/14/04
Commission Decision             11/30/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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
_______________________________________________________________________




3679. PETITION PP 03-1 REQUESTING AN AMENDMENT TO CHILD-RESISTANCE 
TESTING PASS/FAIL CRITERION FOR UNIT DOSE PACKAGING

Priority: Substantive, Nonsignificant

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

CFR Citation: None

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 reviewed 
available information and the 28 comments received and prepared a 
briefing package recommending that the Commission deny the petition. On 
December 21, 2004, the Commission voted to deny the petition.

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                      11/19/04
Commission Decision             12/21/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 3041-AC17
[FR Doc. 05-6008 Filed 05-13-05; 8:45 am]
BILLING CODE 6355-01-S