[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 23448]]



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 businesses, small organizations, and 
other small entities. Written comments concerning the agenda should be 
received in the Office of the Secretary by May 30, 2007.

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 December 2006 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: March 1, 2007.

 Todd A. Stevenson,

Secretary, Consumer Product Safety Commission.

                             Consumer Product Safety Commission--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
3364        Flammability Standard for Upholstered Furniture.......................................    3041-AB35
3365        Amendment of the Standard for the Flammability of Clothing Textiles...................    3041-AB68
3366        Portable Bed Rails....................................................................    3041-AB91
3367        Petition CP 04-1/HP 04-1 Requesting Mandatory Fire Safety Standards for Candles and       3041-AC22
            Candle Accessories....................................................................
3368        Possible Revocation or Amendment of Standard for the Flammability of Mattresses and       3041-AC27
            Mattress Pads (Cigarette Ignition)....................................................
3369        Regulatory Options for Infant Pillows.................................................    3041-AC30
3370        Regulatory Options for Lead Toy Jewelry...............................................    3041-AC41
----------------------------------------------------------------------------------------------------------------


[[Page 23449]]


                              Consumer Product Safety Commission--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
3371        All-Terrain Vehicles..................................................................    3041-AC28
3372        Flammability Standards for Carpets and Rugs...........................................    3041-AC38
----------------------------------------------------------------------------------------------------------------


                              Consumer Product Safety Commission--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
3373        Amendment of Safety Regulations for Cribs.............................................    3041-AB67
3374        Safety Standard for Baby Bath Seats...................................................    3041-AC03
3375        Petition CP 03-1/HP 03-1 Requesting a Standard for Bunk Bed Corner Posts..............    3041-AC10
3376        Mandatory Safety Standard for Cigarette Lighters......................................    3041-AC25
3377        Proposed Standard To Address Open-Flame Ignition of Bedclothes........................    3041-AC26
3378        Regulatory Options for Table Saws.....................................................    3041-AC31
3379        Fireworks Devices.....................................................................    3041-AC35
3380        Portable Generators...................................................................    3041-AC36
3381        Civil Penalty Factors.................................................................    3041-AC40
----------------------------------------------------------------------------------------------------------------


                              Consumer Product Safety Commission--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
3382        Petition HP 06-2 Requesting Labeling Exemption for Mini Sparklers.....................    3041-AC33
3383        Petition HP 06-1 Requesting Ban on Lead Toy Jewelry...................................    3041-AC34
3384        Labeling for Portable Generators......................................................    3041-AC37
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Consumer Product Safety Commission (CPSC)           Proposed Rule Stage


  



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3364. 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 October 23, 2003, the Commission issued an ANPRM to expand 
the scope of the ongoing upholstered furniture flammability proceeding 
to include both cigarette and small open flame-ignited fires. 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 describing 
regulatory options to the Commission. The staff forwarded follow-up 
status reports on various technical research efforts in November 2006 
and December 2006. The staff continues to perform laboratory testing 
and other research to support a possible proposed rule.
CPSC is also considering possible impacts of flame-retardant chemical 
use on worker safety and the environment. The CPSC staff has evaluated 
potential health risks associated with textile and foam filling 
material flame retardants. 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 has also worked 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. The Design for the 
Environment report was published in September 2005. Further, at the 
CPSC staff's request, the National Toxicology Program of the Department 
of Health and Human Services is initiating health studies of several 
flame retardants for which toxicity data are lacking.

[[Page 23450]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           06/15/94                    59 FR 30735
Commission Hearing May 5 & 6, 
1998 on Possible Toxicity of 
Flame Retardant Chemicals       03/17/98                    63 FR 13017
Meeting Notice                  03/20/02                    67 FR 12916
Notice of September 24 Public 
Meeting                         08/27/03                    68 FR 51564
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 Status Report to 
Commission                      11/03/06
Staff Sends Status Report to 
Commission                      12/28/06
Staff Forwards Interlaboratory 
Study Report to Commission      09/00/07

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, 4330 East-West Highway, 
Bethesda, MD 20814-4408
Phone: 301 504-7704
Email: [email protected]

RIN: 3041-AB35
_______________________________________________________________________




3365. 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 reviewed public comments and proposed 
amendments for Commission consideration. On January 12, 2007, the 
Commission voted to publish a notice of proposed rulemaking in the 
Federal Register.

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                      11/30/06
Commission Decision             12/08/06
Draft NPRM to Commission        01/10/07
Commission Decision on Draft 
NPRM                            01/12/07
NPRM                            02/27/07                     72 FR 8843
NPRM Comment Period End         05/14/07
Staff Sends Briefing Package to 
Commission                      09/00/07

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
_______________________________________________________________________




3366. 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 (ANPRM) 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 Begins Evaluating 
Conformance to Voluntary 
Standard                        10/01/05
Staff Sends Briefing Package to 
Commission                      12/00/07

Regulatory Flexibility Analysis Required: Undetermined

[[Page 23451]]

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
_______________________________________________________________________




3367. 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. On July 10, 2006, CPSC staff 
sent a briefing package to the Commission for consideration and 
recommended that the Commission defer action on the petition. On July 
19, 2006, the Commission voted 3-0 to defer the petition and directed 
the staff to provide updates on the progress of voluntary standards 
activities.

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                      07/10/06
Commission Votes to Defer Action07/19/06
Staff Sends Update on Progress 
of Voluntary Standards 
Activities to Commission        04/00/07
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Allyson Tenney, Project Manager, 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
_______________________________________________________________________




3368. 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. 
The staff is analyzing the public comments. A research project 
examining the criteria for self-sustained smoldering began in late 
2006.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           06/23/05                    70 FR 36357
ANPRM Comment Period End        08/22/05
Research Project Begins         09/30/06
Research Project Completed      09/00/07
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
_______________________________________________________________________




3369. REGULATORY OPTIONS FOR 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: On July 13, 2006, the Commission voted 3-0 to grant a 
petition requesting that the Commission amend the ban on infant pillows 
under 16 CFR 1500.18(a)(16)(i). The staff prepared a draft advance 
notice of proposed rulemaking (ANPRM) concerning infant pillows to 
initiate a rulemaking proceeding under the Federal Hazardous Substances 
Act (FHSA) to identify the product and the risk of injury associated 
with infant pillows, summarize regulatory alternatives, and invite 
comments from the public. On September 27, 2006 the Commission issued 
the ANPRM. Staff is reviewing public comments and will

[[Page 23452]]

develop a further course of action for Commission consideration.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Staff sends Draft ANPRM to 
Commission                      09/07/06
Commission Decision             09/14/06
ANPRM                           09/27/06                    71 FR 56418
ANPRM Comment Period Ends       11/27/06
Staff Sends Briefing Package to 
Commission                      09/00/07

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-AC30
_______________________________________________________________________




3370. [bull] REGULATORY OPTIONS FOR LEAD TOY JEWELRY

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: Not Yet Determined

Legal Deadline: None

Abstract: On December 11, 2006, the Commission voted 2-0 to grant a 
petition requesting a ban on toy jewelry containing more than 0.06 
percent lead by weight. On December 27, 2006, the Commission approved 
an advance notice of proposed rulemaking (ANPRM), which was published 
in the Federal Register on January 9, 2007. The public comment period 
ends March 12, 2007. CPSC staff will review public comments and prepare 
a briefing package for Commission consideration as to whether to 
continue with rulemaking.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Commission Decision on Draft 
ANPRM FR Notice                 12/27/06
ANPRM Published                 01/09/07                      72 FR 920
Comment Period Ends             03/12/07
Staff Sends Briefing Package to 
Commission                      01/00/08

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, 4330 East-
West Highway, Bethesda, MD 20814-4408
Phone: 301 504-7254
Email: [email protected]

RIN: 3041-AC41
_______________________________________________________________________


Consumer Product Safety Commission (CPSC)              Final Rule Stage


  



_______________________________________________________________________




3371. ALL-TERRAIN VEHICLES

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: 16 CFR 1307 ; 16 CFR 1410; 16 CFR 1500; 16 CFR 1515

Legal Deadline: None

Abstract: On October 14, 2005, the Commission published an advance 
notice of proposed rulemaking (ANPRM) concerning all terrain vehicles 
(ATVs). Issuance of the ANPRM initiated a rulemaking proceeding under 
the Consumer Product Safety Act (CPSA) and the Federal Hazardous 
Substances Act (FHSA). After reviewing the regulatory alternatives and 
the comments submitted in response to the ANPRM, the staff developed a 
May 31, 2006, briefing package recommending that the Commission issue a 
notice of proposed rulemaking (NPRM) that would formally ban three-
wheeled ATVs and mandate performance, training, labeling, and 
information requirements for four-wheeled ATVs. Other non-regulatory 
activities also were recommended, including the launch of an ATV safety 
Web site and a two-phase information and education effort. A Commission 
briefing was held on June 15, 2006. On July 12, 2006, the Commission 
voted 3-0 to approve publication of the draft NPRM with changes in the 
Federal Register. The NPRM was published on August 10, 2006, with a 
comment closing date of October 24, 2006. Seven ATV manufacturers and 
distributors requested a 60-day extension of the comment period. The 
Commission granted their request, and the comment closing date was 
extended to December 26, 2006. Staff is conducting research as directed 
by the Commission in its vote on July 12, 2006.

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
ANPRM Comment Period Closes     12/13/05
Staff Sends Briefing Package to 
Commission                      05/31/06
Commission Decision             07/12/06
NPRM                            08/10/06                    71 FR 45903
NPRM Comment Period Closes      10/24/06
NPRM Comment Period Extended    10/20/06                    71 FR 61923
NPRM Comment Period Closes      12/26/06
Staff Completes Research 
Directed by Commission          12/00/07
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Elizabeth W. Leland, Project Manager, Consumer Product 
Safety Commission, Directorate for

[[Page 23453]]

Economic Analysis, 4330 East-West Highway, Bethesda, MD 20814-4408
Phone: 301 504-7706
Email: [email protected]

RIN: 3041-AC28
_______________________________________________________________________




3372. FLAMMABILITY STANDARDS FOR CARPETS AND RUGS

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

Legal Authority: 15 USC 1193, Flammable Fabrics Act

CFR Citation: 16 CFR 1630; 16 CFR 1631

Legal Deadline: None

Abstract: The Consumer Product Safety Commission administers two 
flammability standards for carpets and rugs: 16 CFR part 1630--Standard 
for the Flammability of Carpets and Rugs, and 16 CFR part 1631--
Standard for the Surface Flammability of Small Carpets and Rugs. The 
standards establish minimum acceptance criteria for the surface 
flammability of carpets and rugs when exposed to a standard small 
source of ignition under prescribed conditions (the ``pill test''). The 
standards define the ignition source in relevant part as a methenamine 
tablet, sold by the Eli Lilly Company, or an equal tablet. Commission 
staff learned that the Eli Lilly Company was no longer producing the 
methenamine tablets specified in the carpet and rug standards. 
Accordingly, the Commission published a notice of proposed rulemaking 
in the Federal Register on November 13, 2006 that would remove the 
reference to the Eli Lilly Company and amend the standards to address 
the issue of what is considered an ``equal'' methenamine tablet. The 
comment period closed on January 29, 2007. Staff is preparing a final 
rule briefing package.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Staff sent Briefing Package to 
Commission                      10/03/06
Commission Decision             10/10/06
Staff sends draft NPRM to 
Commission                      10/20/06
Commission Decision             10/31/06
NPRM                            11/13/06                    71 FR 66145
NPRM Comment Period End         01/29/07
Final Rule Briefing Package to 
Commission                      06/00/07

Regulatory Flexibility Analysis Required: No

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-AC38
_______________________________________________________________________


Consumer Product Safety Commission (CPSC)             Long-Term Actions


  



_______________________________________________________________________




3373. 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. CPSC staff is currently assessing the 
adequacy of and conformance with the voluntary standard. Following this 
assessment, the staff will prepare a briefing package for Commission 
consideration as to whether to continue the rulemaking.

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

RIN: 3041-AB67

[[Page 23454]]

_______________________________________________________________________




3374. 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 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. 
In October of 2003, the Commission voted to direct the staff to prepare 
a notice of proposed rulemaking 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. Since the NPRM, staff worked 
with ASTM to revise the voluntary standard for bath seats (ASTM F1967). 
The standard was revised in 2004 and again in 2007. Staff is currently 
evaluating the adequacy of the revised standard. Following this 
evaluation, staff will prepare a briefing package for Commission 
consideration as to whether to continue the rulemaking.

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
_______________________________________________________________________




3375. 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. Three ASTM subcommittee ballots addressing 
vertical protrusions have occurred. In February 2007, the language was 
balloted at ASTM main committee. Staff will attend a March 2007 ASTM 
meeting where comments and votes from both the main committee and 
subcommittee will be reviewed.

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
_______________________________________________________________________




3376. 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 completed monitoring

[[Page 23455]]

conformance of lighters with the voluntary standard, and sent a status 
report to the Commission for consideration in October 2006.

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                        05/15/06
Staff Sent Status Report to 
Commission                      10/10/06
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Rohit Khanna, Project Manager, Consumer Product Safety 
Commission, Directorate for Engineering Sciences, 4330 East-West 
Highway, Bethesda, MD 20814-4408
Phone: 301 504-7546
Email: [email protected]

RIN: 3041-AC25
_______________________________________________________________________




3377. 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
_______________________________________________________________________




3378. REGULATORY OPTIONS FOR TABLE SAWS

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: On July 11, 2006, the Commission voted 2-1 to grant a 
petition requesting that the Commission issue a rule prescribing 
performance standards for a system to reduce or prevent injuries from 
contacting the blade of a table saw. The Commission also directed the 
staff to prepare an advance notice of proposed rulemaking (ANPRM) 
initiating a rulemaking proceeding under the Consumer Product Safety 
Act (CPSA) to identify the product and the risk of injury associated 
with table saw blade contact injuries, summarize regulatory 
alternatives, and invite comments from the public. A draft advance 
notice of proposed rulemaking will be prepared for Commission 
consideration.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Staff Sends ANPRM to Commission  To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

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-AC31
_______________________________________________________________________




3379. FIREWORKS DEVICES

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: 16 CFR 1500; 16 CFR 1507

Legal Deadline: None

Abstract: The staff prepared a draft advance notice of proposed 
rulemaking (ANPRM) concerning fireworks devices requesting comments on 
whether there is a need for the agency to update and strengthen its 
regulation of fireworks devices and sent it to the Commission for 
consideration on June 26, 2006. On June 30, 2006, the Commission voted 
3-0 to issue an advance notice of proposed rulemaking. The ANPRM was 
issued on July 12, 2006. The comment period on the ANPRM closed on 
September 11, 2006. Commission staff is evaluating comments received.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Staff sends draft ANPRM to 
Commission                      06/26/06
Commission Decision             06/30/06
ANPRM                           07/12/06                    71 FR 39249
Comment Period Closes           09/11/06

[[Page 23456]]

Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: James Joholske, Compliance Officer, Office of 
Compliance, Consumer Product Safety Commission, 4330 East-West Highway, 
Bethesda, MD 20814
Phone: 301 504-7527
Email: [email protected]

RIN: 3041-AC35
_______________________________________________________________________




3380. PORTABLE GENERATORS

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

Unfunded Mandates: Undetermined

Legal Authority: 15 USC 2051, Consumer Product Safety Act

CFR Citation: Not Yet Determined

Legal Deadline: None

Abstract: On December 5, 2006, the Commission voted 2-0 to issue an 
advance notice of proposed rulemaking (ANPRM) under the Consumer 
Product Safety Act (CPSA) concerning portable generators. The ANPRM 
discusses regulatory options that could reduce portable generator-
related deaths and injuries, particularly those related to carbon 
monoxide poisoning. The ANPRM was published in the Federal Register on 
December 12, 2006. Staff is reviewing public comments.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Staff Sends ANPRM to Commission 06/29/06
Staff Sends Supplemental 
Material to Commission          10/12/06
Staff Briefs Commission         10/26/06
Commission Decision             10/26/06
Staff Sends Draft ANPRM to 
Commission                      11/21/06
ANPRM Published                 12/12/06                    71 FR 74472
Comment Period Ends             02/12/07
Staff Sends NPRM Briefing 
Package to Commission            To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: Janet L. Buyer, Project Manager, Consumer Product 
Safety Commission, Directorate for Engineering Sciences, 4330 East-West 
Highway, Bethesda, MD 20814
Phone: 301 504-0508
Email: [email protected]

RIN: 3041-AC36
_______________________________________________________________________




3381. CIVIL PENALTY FACTORS

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

Legal Authority: 15 USC 2069(b) and (c), Consumer Product Safety Act

CFR Citation: 16 CFR 1119

Legal Deadline: None

Abstract: Section 20(b) and (c) of the Consumer Product Safety Act, 15 
USC 2069(b) and (c), require certain factors to be considered in 
assessing and compromising civil penalties. The Commission proposed a 
new interpretive rule that identifies and explains other factors that 
may be considered by the Commission and staff in evaluating the 
appropriateness and amount of a civil penalty. On July 12, 2006, the 
Commission solicited comments on a proposed new interpretive rule. The 
comment period closed on August 11, 2006. CPSC staff will prepare a 
briefing package for Commission consideration concerning the content of 
a possible final interpretive rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Proposed Interpretive 
Rule                            07/12/06                    71 FR 39248
Comment Period End              08/12/06
Staff Sends Briefing Package to 
Commission                       To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Federalism:  Undetermined

Agency Contact: John Gibson Mullan, Assistant Executive Director, 
Compliance and Field Operations, Consumer Product Safety Commission, 
4330 East-West Highway, Bethesda, MD 20814
Phone: 301 504-7626
Email: [email protected]

RIN: 3041-AC40
_______________________________________________________________________


Consumer Product Safety Commission (CPSC)             Completed Actions


  



_______________________________________________________________________




3382. PETITION HP 06-2 REQUESTING LABELING EXEMPTION FOR MINI SPARKLERS

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 1261, Federal Hazardous Substances Act

CFR Citation: None

Legal Deadline: None

Abstract: Octavius Hunt requested that the Commission exempt mini 
sparkler tubes from the labeling requirement for sparklers that states 
that they must say ``For Outdoor Use Only.'' The request for the 
labeling exemption was docketed as petition number HP 06-2 under the 
Federal Hazardous Substances Act, 15 U.S.C. 1261 to 1278. A notice 
requesting comment on the petition was published in the Federal 
Register on June 27, 2006. Staff transmitted a briefing package to the 
Commission on December 14, 2006; the Commission voted to deny the 
petition on January 4, 2007.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               06/08/06
Notice of Comment Period        06/27/06                    71 FR 36524
Comment Period End              08/28/06
Staff Sends Briefing Package to 
Commission                      12/14/06
Commission Votes to Deny 
Petition                        01/04/07

[[Page 23457]]

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Jonathan Midgett, Engineering Psychologist, Consumer 
Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814
Phone: 301 504-7692
Email: [email protected]

RIN: 3041-AC33
_______________________________________________________________________




3383. PETITION HP 06-1 REQUESTING BAN ON LEAD TOY JEWELRY

Priority: Substantive, Nonsignificant

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

CFR Citation: None

Legal Deadline: None

Abstract: The Sierra Club requested a ban on toy jewelry containing 
more than 0.06 percent lead by weight. The request was docketed as a 
petition for rulemaking on May 16, 2006. A notice requesting comment on 
the petition was published in the Federal Register on June 20, 2006. 
The comment period closed on August 21, 2006. CPSC staff transmitted a 
briefing package to the Commission on December 4, 2006; the Commission 
voted 2-0 to grant the petition on December 11, 2006.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Petition Docketed               05/16/06
Notice of Comment Period        06/20/06                    71 FR 35416
Comment Period End              08/21/06
Staff Sends Briefing Package to 
Commission                      12/04/06
Commission Decision             12/11/06

Regulatory Flexibility Analysis Required: 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-AC34
_______________________________________________________________________




3384. LABELING FOR PORTABLE GENERATORS

Priority: Substantive, Nonsignificant

Legal Authority: 15 USC 2076(e), Consumer Product Safety Act

CFR Citation: 16 CFR 1407

Legal Deadline: None

Abstract: On August 24, 2006, the Commission published a notice of 
proposed rulemaking (NPRM) that would require manufacturers of portable 
generators to label portable generators with performance and technical 
data which would inform consumers of the potential carbon monoxide 
poisoning hazard associated with portable generator use. Public 
comments on the NPRM were due November 7, 2006. On January 4, 2007, the 
Commission voted (2-0) to issue the final rule, with changes from the 
NPRM. The final rule was published in the Federal Register on January 
12, 2007, with an effective date of May 14, 2007. A correction to the 
final rule was published on January 18, 2007.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/24/06                    71 FR 50003
NPRM Comment Period End         11/07/06
Staff Sends Briefing Package to 
Commission                      12/29/06
Commission Decision             01/04/07
Final Rule                      01/12/07                     72 FR 1443
Final Rule Correction           01/18/07                     72 FR 2184

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

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

RIN: 3041-AC37
[FR Doc. 07-01253 Filed 04-27-07; 8:45 am]
BILLING CODE 6355-01-S
