[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 XLVI





Consumer Product Safety Commission





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Semiannual Regulatory Agenda

[[Page 23548]]



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 May 24, 
2006.

ADDRESSES: Comments on the regulatory flexibility agenda should be 
captioned ``Regulatory Flexibility Agenda'' and be e-mailed to cpsc-
[email protected] or filed by fax to (301) 504-0127. Comments may also be 
mailed or delivered to the Office of the Secretary, Consumer Product 
Safety Commission, Room 502, 4330 East-West Highway, Bethesda, MD 
20814-4408.

FOR FURTHER INFORMATION CONTACT: For further information on the agenda 
in general, contact Barbara E. Parisi, Office of the General Counsel, 
Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, 
MD 20814-4408; 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 to 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 October 2005 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, 4330 East-West 
Highway, Bethesda, MD 20814-4408.

Dated: February 23, 2006.

 Todd A. Stevenson,

Secretary, Consumer Product Safety Commission.

                                Consumer Product Safety Commission--Prerule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
3662        Petition CP 04-1/HP 04-1 Requesting Mandatory Fire Safety Standards for Candles and       3041-AC22
            Candle Accessories....................................................................
3663        Petition HP 05-1 Requesting Amendment to Ban on Infant Pillows........................    3041-AC29
----------------------------------------------------------------------------------------------------------------


                             Consumer Product Safety Commission--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
3664        Flammability Standard for Upholstered Furniture.......................................    3041-AB35
3665        Amendment of the Standard for the Flammability of Clothing Textiles...................    3041-AB68
3666        Portable Bed Rails....................................................................    3041-AB91
3667        Mandatory Safety Standard for Cigarette Lighters......................................    3041-AC25
3668        All Terrain Vehicles; Advance Notice of Proposed Rulemaking; Request for Comments and     3041-AC28
            Information...........................................................................
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[[Page 23549]]


                              Consumer Product Safety Commission--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
3669        Amendment of Safety Regulations for Cribs.............................................    3041-AB67
3670        Safety Standard for Baby Bath Seats...................................................    3041-AC03
3671        Petition CP 03-1/HP 03-1 Requesting a Standard for Bunk Bed Corner Posts..............    3041-AC10
3672        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.....................................
3673        Proposed Standard To Address Open-Flame Ignition of Bedclothes........................    3041-AC26
3674        Possible Revocation or Amendment of Standard for the Flammability of Mattresses and       3041-AC27
            Mattress Pads (Cigarette Ignition)....................................................
----------------------------------------------------------------------------------------------------------------


                              Consumer Product Safety Commission--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
3675        Proposed Standard To Address Open-Flame Ignition of Mattresses/Foundation Sets........    3041-AC02
3676        Possible Special Packaging Standard for Household Products Containing Hydroxides......    3041-AC12
3677        Petition HP 04-2 Requesting a Ban of Sulfuric Acid Drain Openers for Consumer Use.....    3041-AC23
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_______________________________________________________________________


Consumer Product Safety Commission (CPSC)                 Prerule Stage






_______________________________________________________________________




3662. 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                      06/00/06

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Allyson Tenney, Project Manager, Consumer Product 
Safety Commission, Directorate for Engineering Sciences, 4330 East-West 
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7567
Email: [email protected]

RIN: 3041-AC22
_______________________________________________________________________




3663. PETITION HP 05-1 REQUESTING AMENDMENT TO BAN ON INFANT PILLOWS

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 1500.18(a)(16)(i)

Legal Deadline: None

Abstract: Boston Billows, Inc., requests that the Commission amend the 
ban on infant pillows under 16 CFR 1500.18(a)(16)(i) to permit the use 
of such infant pillows when the pillow is designed, intended, and 
promoted for a mother's use during nursing, and when such pillows are 
requested by a pediatrician or a board certified lactation consultant. 
The request was docketed as a petition for rulemaking on September 15, 
2005. A notice requesting comment on the petition was published in the 
Federal Register on October 13, 2005. The comment period closed on 
December 12, 2005. The staff is preparing 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               09/15/05
Notice of Comment Period        10/13/05                    70 FR 59726
Comment Period End              12/12/05
Staff Sends Briefing Package to 
Commission                      06/00/06

[[Page 23550]]

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Suad Wanna-Nakamura, Ph.D, Project Manager, Consumer 
Product Safety Commission, Directorate for Health Sciences, 4330 East-
West Highway, Bethesda, MD 20814-4408
Phone: 301 504-7252
Email: [email protected]

RIN: 3041-AC29
_______________________________________________________________________


Consumer Product Safety Commission (CPSC)           Proposed Rule Stage






_______________________________________________________________________




3664. 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 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 revised drafts of the 
standard addressing both cigarette and small open flame ignition, and 
held public meetings on October 28, 2004 and May 18, 2005 to present 
and discuss the revised drafts. On January 31, 2006, the staff sent a 
status report to the Commission. The next step is for staff to prepare 
a briefing package describing regulatory alternatives for the 
Commission.
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-preferable 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 Held Public Meeting       05/18/05
Staff Sends Status Report to 
Commission                      01/31/06
Staff Sends Briefing Package to 
Commission                      08/00/06

Regulatory Flexibility Analysis Required: Undetermined

[[Page 23551]]

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Dale R. Ray, Project Manager, Consumer Product Safety 
Commission, Directorate for Economic Analysis, 4330 East-West Highway, 
Bethesda, MD 20814-4408
Phone: 301 504-7704
Email: [email protected]

RIN: 3041-AB35
_______________________________________________________________________




3665. 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                      06/00/06

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, 4330 East-West 
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7536
Email: [email protected]

RIN: 3041-AB68
_______________________________________________________________________




3666. 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. 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 is evaluating 
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              10/01/05
Staff Sends Briefing Package to 
Commission                      05/00/06

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, 4330 East-West 
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7577
Email: [email protected]

RIN: 3041-AB91
_______________________________________________________________________




3667. 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. An ANPRM was published in April 2005 and the comment period 
closed on June 10, 2005. Staff is monitoring conformance of lighters 
with the voluntary standard.

[[Page 23552]]

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
Staff Begins Monitoring of 
Conformance with Voluntary 
Standard                        10/01/05
Staff Completes Monitoring of 
Conformance with Voluntary 
Standard                        05/00/06
Staff Sends Briefing Package to 
Commission                      08/00/06

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, 4330 East-West 
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7546
Email: [email protected]

RIN: 3041-AC25
_______________________________________________________________________




3668. ALL TERRAIN VEHICLES; ADVANCE NOTICE OF PROPOSED RULEMAKING; 
REQUEST FOR COMMENTS AND INFORMATION

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

Unfunded Mandates: Undetermined

Legal Authority: Consumer Product Safety Act; 15 USC 1261; Federal 
Hazardous Substances Act

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: At the direction of the Chairman, the staff prepared a draft 
advance notice of proposed rulemaking (ANPRM) concerning all terrain 
vehicles (ATVs) for consideration by the Commission. The staff 
memorandum accompanying the draft ANPRM discussed regulatory and non-
regulatory options. Issuance of the ANPRM initiated a rulemaking 
proceeding under the Consumer Product Safety Act (CPSA) and the Federal 
Hazardous Substances Act (FHSA). The draft ANPRM reviewed the history 
of the Commission's involvement with ATVs and discussed a broad range 
of regulatory and non-regulatory options that the Commission can 
consider as means to reduce ATV-related deaths and injuries. The ANPRM 
was published on October 14, 2005. The staff is addressing public 
comments on the ANPRM and preparing a briefing package for further 
consideration by the Commission.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Staff sends draft ANPRM to 
Commission                      09/15/05
Commission Decision             10/05/05
ANPRM                           10/14/05                    70 FR 60031
Comment Period Closes           12/13/05
Staff Sends Briefing Package To 
Commission                      05/00/06

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

URL For Public Comments:
http://www.cpsc.gov/library/foia/foia06/pubcom/atvcom1.pdf through 
http://www.cpsc.gov/library/foia/foia06/pubcom/atvcom13.pdf

Agency Contact: Elizabeth W. Leland, Project Manager, Consumer Product 
Safety Commission, Directorate for Economic Analysis, 4330 East-West 
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7706
Email: [email protected]

RIN: 3041-AC28
_______________________________________________________________________


Consumer Product Safety Commission (CPSC)             Long-Term Actions






_______________________________________________________________________




3669. 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

[[Page 23553]]

Staff Completes Monitoring 
Adequacy and Conformance        12/01/05
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, 4330 East-West 
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7577
Email: [email protected]

RIN: 3041-AB67
_______________________________________________________________________




3670. 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 the 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 Begins Monitoring Progress 
of Voluntary Standard           10/01/05
Staff Completes Monitoring 
Progress of Voluntary Standard   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, 4330 East-West 
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7577
Email: [email protected]

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




3671. 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 requirements 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: Susan Bathalon, Project Manager, Consumer Product 
Safety Commission, Directorate for Engineering Sciences, 4330 East-West 
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7566
Email: [email protected]

RIN: 3041-AC10

[[Page 23554]]

_______________________________________________________________________




3672. 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: The Commission was petitioned 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                       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, 4330 East-West 
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7540
Email: [email protected]

RIN: 3041-AC19
_______________________________________________________________________




3673. 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 on 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
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Allyson Tenney, Project Manager, Consumer Product 
Safety Commission, Directorate for Engineering Sciences, 4330 East-West 
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7567
Email: [email protected]

RIN: 3041-AC26
_______________________________________________________________________




3674. POSSIBLE REVOCATION OR AMENDMENT OF STANDARD FOR THE FLAMMABILITY 
OF MATTRESSES AND MATTRESS PADS (CIGARETTE IGNITION)

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

Unfunded Mandates: Undetermined

Legal Authority: 15 USC 1193, Flammable Fabrics Act

CFR Citation: 16 CFR 1632

Legal Deadline: None

Abstract: The Commission published an advance notice of proposed 
rulemaking (ANPRM) in the Federal Register on June 23, 2005, requesting 
comments on a rulemaking proceeding that could result in revoking or 
amending its existing flammability standard that includes a test for 
cigarette ignition of mattresses and mattress pads (16 CFR Part 1632). 
On January 13, 2005, the Commission issued a proposed flammability 
standard for mattresses and mattress and foundation sets that 
prescribes an open flame ignition test. Some commenters to that 
rulemaking stated that they believe that once the new mattress standard 
is in effect the cigarette ignition test currently required in 16 CFR 
1632 will not be necessary and conducting both tests will be burdensome 
for industry. The Commission issued this ANPRM to begin consideration 
of whether the existing mattress standard should be revoked or amended.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           06/23/05                    70 FR 36357
ANPRM Comment Period End        08/22/05
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

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, 4330 East-West 
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7536
Email: [email protected]

RIN: 3041-AC27

[[Page 23555]]

_______________________________________________________________________


Consumer Product Safety Commission (CPSC)             Completed Actions






_______________________________________________________________________




3675. 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 NPRM was published January 13, 
2005. The staff evaluated public comments received on the NPRM and 
prepared a briefing package in January 2006 for Commission decision 
making on publishing a final mattress standard. A public briefing was 
held on February 1, 2006. The Commission voted to issue a final rule on 
February 16, 2006.

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                      01/13/06
Staff Briefs Commission on Final 
Rule Draft                      02/01/06
Commission Decision             02/16/06
Final Rule                      03/15/06                    71 FR 13472

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Margaret L. Neily, Project Manager, Consumer Product 
Safety Commission, Directorate for Engineering Sciences, 4330 East-West 
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7530
Email: [email protected]

RIN: 3041-AC02
_______________________________________________________________________




3676. POSSIBLE SPECIAL PACKAGING STANDARD FOR HOUSEHOLD PRODUCTS 
CONTAINING HYDROXIDES

Priority: Substantive, Nonsignificant

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

CFR Citation: None

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 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.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn. No Agency Action 
Contemplated During this 
Regulatory Agenda Cycle.        01/31/06

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: John W. Boja, Ph.D., Project Manager, Consumer Product 
Safety Commission, Directorate for Health Sciences, 4330 East-West 
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7300
Email: [email protected]

RIN: 3041-AC12
_______________________________________________________________________




3677. PETITION HP 04-2 REQUESTING A BAN OF SULFURIC ACID DRAIN OPENERS 
FOR CONSUMER USE

Priority: Substantive, Nonsignificant

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

CFR Citation: None

Legal Deadline: None

Abstract: 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

[[Page 23556]]

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 prepared a briefing package for 
Commission consideration as to whether to grant, deny, or defer action 
on the petition. On March 6, 2006, the Commission voted 2-1 to deny 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                      10/06/05
Commission Decision             03/06/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Kristina Hatlelid, Ph.D., Project Manager, Consumer 
Product Safety Commission, Directorate for Health Sciences, 4330 East-
West Highway, Bethesda, MD 20814-4408
Phone: 301 504-7254
Email: [email protected]

RIN: 3041-AC23
[FR Doc. 06-2044 Filed 04-21-06; 8:45 am]
BILLING CODE 6355-01-S