[December 9, 2002 (Volume 67, Number 236)]

[Unified Agenda]

From the Federal Register Online via GPO Access [frwais.access.gpo.gov]



[Page 75497-75507]

 

Consumer Product Safety Commission





[[Page 75497]]



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Part XLIX



















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Semiannual Regulatory Agenda



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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 

December 31, 2002.



ADDRESSES: Comments on the regulatory flexibility agenda should be 

mailed to the Office of the Secretary, Consumer Product Safety 

Commission, Washington, DC 20207-0001; telephone (301) 504-0800, or 

delivered to the Office of the Secretary, Room 502, 4330 East-West 

Highway, Bethesda, MD 20814-4423. Comments should be captioned 

``Regulatory Flexibility Agenda.'' Comments may also be filed by 

telefacsimile to (301) 504-0127, or by e-mail to cpsc-os@cpsc.gov.



FOR FURTHER INFORMATION CONTACT: For further information on the agenda 

in general, contact Stephen Lemberg, Office of the General Counsel, 

Consumer Product Safety Commission, Washington, DC 20207-0001, 

telephone (301) 504-0980, ext. 2218. For further information regarding 

a particular item on the agenda, consult the individual listed in the 

column headed ``Contact'' for that particular item.



SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (RFA) (5 

U.S.C. 601-612) contains several provisions intended to reduce 

unnecessary and disproportionate regulatory requirements on small 

businesses, small governmental organizations, and other small entities. 

Section 602 of the RFA (5 U.S.C. 602) requires each agency to publish 

twice each year a regulatory flexibility agenda containing a brief 

description of the subject area of any rule expected to be proposed or 

promulgated that is likely to have a ``significant economic impact'' on 

a ``substantial number'' of small entities. The agency must also 

provide a summary of the nature of the rule, and a schedule for acting 

on each rule for which the agency has issued a notice of proposed 

rulemaking.



     The regulatory flexibility agenda is also required to contain 

the name and address of the agency official knowledgeable about the 

items listed. Further, agencies are required to provide notice of 

their agendas to small entities and to solicit their comments by 

direct notification, or by inclusion in publications likely to be 

obtained by such entities.



     Additionally, Executive Order 12866 requires each agency to 

publish twice each year a regulatory agenda of regulations under 

development or review during the next year, and states that such an 

agenda may be combined with the agenda published in accordance with 

the RFA. The regulatory flexibility agenda published below lists 

the regulatory activities expected to be under development or 

review during the next 12 months. This agenda also includes 

regulatory activities that have been completed by the Commission 

prior to publication. It includes all such activities, whether or 

not they may have a significant economic impact on a substantial 

number of small entities.



     The agenda contains a brief description and summary of each 

regulatory activity, including the objectives and legal basis for 

each; an approximate schedule of target dates, subject to revision, 

for the development or completion of each activity, and the name 

and telephone number of a knowledgeable agency official concerning 

particular items on the agenda. All agency contacts have the same 

address: Consumer Product Safety Commission, Washington, DC 20207-

0001.



Dated: September 11, 2002.



 Todd Stevenson,



Secretary, Consumer Product Safety Commission.



                                Consumer Product Safety Commission--Prerule Stage

----------------------------------------------------------------------------------------------------------------

                                                                                                    Regulation

 Sequence                                          Title                                          Identification

  Number                                                                                              Number

----------------------------------------------------------------------------------------------------------------

3940        Amendment of the Standard for the Flammability of Clothing Textiles.................     3041-AB68

3941        Petition HP 99-1 for a Ban of Polyvinyl Chloride in Toys and Other Products Intended     3041-AB79

            for Children Five Years of Age and Under............................................

3942        Petition HP 00-2 Requesting a Rule Declaring Natural Rubber Latex a Strong               3041-AB88

            Sensitizer..........................................................................

3943        Petition HP 01-1 Requesting Development of Performance Standard for Bicycle              3041-AB94

            Handlebars..........................................................................

3944        Petition HP 01-03 Requesting a Ban on Use of Chromated-Copper-Arsenate (CCA) Treated     3041-AB97

            Wood in Playground Equipment........................................................

3945        Petition CP 01-01 Requesting Rule Requiring Product Registration Cards for Products      3041-AB98

            Intended for Children...............................................................

3946        Petition CP 02-3 Requesting Standard for Hunting Tree Stands and Ban of Waist Belt       3041-AC07

            Restraints Used With Hunting Tree Stands............................................

3947        Petition CP 02-2 Requesting Rule to Require Performance Standard for Auxiliary           3041-AC09

            Hazard Lighting Systems on Snowmobiles..............................................

----------------------------------------------------------------------------------------------------------------





[[Page 75499]]





                             Consumer Product Safety Commission--Proposed Rule Stage

----------------------------------------------------------------------------------------------------------------

                                                                                                    Regulation

 Sequence                                          Title                                          Identification

  Number                                                                                              Number

----------------------------------------------------------------------------------------------------------------

3948        Flammability Standard for Upholstered Furniture.....................................     3041-AB35

3949        Amendment of Safety Regulations for Cribs...........................................     3041-AB67

3950        Portable Bed Rails..................................................................     3041-AB91

3951        Proposed Rule on Baby Bath Seats....................................................     3041-AC03

----------------------------------------------------------------------------------------------------------------





                              Consumer Product Safety Commission--Final Rule Stage

----------------------------------------------------------------------------------------------------------------

                                                                                                    Regulation

 Sequence                                          Title                                          Identification

  Number                                                                                              Number

----------------------------------------------------------------------------------------------------------------

3952        Proposed Ban of Candles With Lead-Containing Wicks and Wicks Sold for Candle-Making      3041-AB96

            That Contain Lead...................................................................

3953        Proposed Rule Exempting Certain Model Rocket Propellant Devices For Use With             3041-AC00

            Lightweight Surface Vehicles........................................................

----------------------------------------------------------------------------------------------------------------





                              Consumer Product Safety Commission--Long-Term Actions

----------------------------------------------------------------------------------------------------------------

                                                                                                    Regulation

 Sequence                                          Title                                          Identification

  Number                                                                                              Number

----------------------------------------------------------------------------------------------------------------

3954        Petition CP 02-01 Requesting Rule Adopting ASTM F400, Safety Standard For Lighters       3041-AC01

            as a Consumer Product Safety Standard...............................................

3955        Proposed Standard To Address Open-Flame Ignition of Mattresses/Bedding..............     3041-AC02

3956        Test Method for Determining Applicability of Cautionary Labeling and Child-Resistant     3041-AC05

            Packaging to Hydrocarbon-Containing Products in Spray Packaging.....................

3957        Standards of Conduct for Outside Attorneys Practicing Before the Consumer Product        3041-AC06

            Safety Commission...................................................................

----------------------------------------------------------------------------------------------------------------





                              Consumer Product Safety Commission--Completed Actions

----------------------------------------------------------------------------------------------------------------

                                                                                                    Regulation

 Sequence                                          Title                                          Identification

  Number                                                                                              Number

----------------------------------------------------------------------------------------------------------------

3958        Baby Walkers........................................................................     3041-AB40

3959        Rulemaking to Exempt Hormone Replacement Therapy Products From Special Packaging         3041-AC04

            Requirements........................................................................

----------------------------------------------------------------------------------------------------------------



_______________________________________________________________________

Consumer Product Safety Commission (CPSC)                 Prerule Stage



_______________________________________________________________________



3940. 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.



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



[[Page 75500]]



ANPRM Comment Period End        11/12/02

Staff Sends Briefing Package to 

Commission                       To Be                       Determined



Regulatory Flexibility Analysis Required: Undetermined



Government Levels Affected: Undetermined



Federalism:  Undetermined



Agency Contact: Margaret L. Neily, Project Manager, Consumer Product 

Safety Commission, Directorate for Engineering Sciences, Washington, DC 

20207

Phone: 301 504-0508

Email: mneily@cpsc.gov



RIN: 3041-AB68

_______________________________________________________________________



3941. PETITION HP 99-1 FOR A BAN OF POLYVINYL CHLORIDE IN TOYS AND OTHER 

PRODUCTS INTENDED FOR CHILDREN FIVE YEARS OF AGE AND UNDER



Priority: Other Significant. Major status under 5 USC 801 is 

undetermined.



Legal Authority: 15 USC 1261 to 1278, Federal Hazardous Substances Act



CFR Citation: 16 CFR 1500



Legal Deadline: None



Abstract: The National Environmental Trust and 11 other organizations 

petitioned the Commission to ban polyvinyl chloride (PVC) in toys and 

other articles intended for the use of children 5 years and under, 

based upon concerns they have about the potential for health risks from 

phthalates (especially diisononyl phthalate (DINP)), lead, and cadmium 

that can be in PVC. A Federal Register notice was issued on December 

22, 1998, requesting comment on the petition. Comments were received.

The Commission established a Chronic Hazard Advisory Panel (CHAP) of 

independent scientists to study issues related to the chronic toxicity 

and risk, including the risk of cancer, associated with exposure to 

DINP in children's PVC products. The CHAP submitted its report to the 

Commission on June 15, 2001. The Commission has completed an extensive 

exposure study to obtain a broader range of data from which to better 

define the amount of time children mouth products that could contain 

phthalates. The staff sent a briefing package to the Commission in 

September 2002. The Commission will then decide whether to grant, deny, 

or defer the petition.



Timetable:

________________________________________________________________________



Action                            Date                      FR Cite



________________________________________________________________________



Notice Advising of Receipt of 

Petition                        12/22/98                    63 FR 70756

Initiated Formation of CHAP     02/16/99

Comment Period End              02/22/99

Awarded Contract for Child 

Observation Study               09/30/99

First Meeting of CHAP           05/10/00

Second Meeting of CHAP          06/20/00

Third Meeting of CHAP           09/12/00

CHAP Sent Report to Commission  06/15/01

Staff Sends Briefing Package to 

Commission                      09/23/02

Commission Decision             11/00/02



Regulatory Flexibility Analysis Required: Undetermined



Government Levels Affected: Undetermined



Federalism:  Undetermined



Agency Contact: Marilyn L. Wind Ph.D., Project Manager, Consumer 

Product Safety Commission, Directorate for Health Sciences, Washington, 

DC 20207

Phone: 301 504-0477

Email: mwind@cpsc.gov



RIN: 3041-AB79

_______________________________________________________________________



3942. PETITION HP 00-2 REQUESTING A RULE DECLARING NATURAL RUBBER LATEX 

A STRONG SENSITIZER



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

undetermined.



Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC 

1261, Federal Hazardous Substances Act



CFR Citation: Not Yet Determined



Legal Deadline: None



Abstract: A petition from Debi Adkins, Editor, Latex Allergy News, 

requests that the Commission issue a rule declaring that natural rubber 

latex (NRL) and products containing NRL are strong sensitizers under 

the Federal Hazardous Substances Act (FHSA) and requiring labeling. NRL 

is in such consumer products as gloves, adhesives, shoes, balloons, 

pacifiers, and carpet backing, as well as many medical products. The 

petitioner states that a portion of the population has developed an 

allergy to latex that can be debilitating, even causing death. On March 

21, 2000, the Commission published a notice in the Federal Register to 

solicit comments on the petition from all interested persons. On May 

24, 2000, at the request of several persons, the Commission published a 

notice extending the original due date for comments of May 22, 2000 for 

30 days to June 21, 2000. Eighty-four comments were received. The staff 

is preparing a briefing package for consideration by the Commission. 

Before finalizing the briefing package, the staff plans to ask outside 

experts to review the staff's assessment of the health effects related 

to latex.



Timetable:

________________________________________________________________________



Action                            Date                      FR Cite



________________________________________________________________________



Petition Docketed               03/02/00

Notice                          03/21/00                    65 FR 15133

Comment Period End              05/22/00

Comment Period Extended         05/24/00                    65 FR 33525

Comment Period End              06/21/00

Expert Assessment Completed     12/00/02

Staff Sends Briefing Package to 

Commission                       To Be                       Determined



Regulatory Flexibility Analysis Required: Undetermined



Government Levels Affected: None



Federalism:  Undetermined



Agency Contact: Suzanne Barone Ph.D., Project Manager, Consumer Product 

Safety Commission, Directorate for Health Sciences, Washington, DC 

20207

Phone: 301 504-0477

Email: sbarone@cpsc.gov



RIN: 3041-AB88

_______________________________________________________________________



3943. PETITION HP 01-1 REQUESTING DEVELOPMENT OF PERFORMANCE STANDARD 

FOR BICYCLE HANDLEBARS



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

undetermined.



Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC 

1261, Federal Hazardous Substances Act



[[Page 75501]]



CFR Citation: Not Yet Determined



Legal Deadline: None



Abstract: A petition from Flaura Koplin Winston, M.D., Ph.D., Director, 

Trauma Link: The Interdisciplinary Pediatric Injury Control Research 

Center, Children's Hospital of Philadelphia, requests that the 

Commission develop a performance standard for bicycle handlebars 

regarding energy dissipation and distribution during impact. The 

request was docketed as a petition on January 23, 2001. A notice 

requesting comment on the petition was published in the Federal 

Register on February 14, 2001. The initial comment period closed on 

April 16, 2001. The comment period was extended to May 16, 2001. The 

staff is preparing a briefing package for Commission consideration as 

to whether to grant, deny, or defer the petition.



Timetable:

________________________________________________________________________



Action                            Date                      FR Cite



________________________________________________________________________



Petition Docketed               01/23/01

Notice                          02/14/01                    66 FR 10273

Comment Period End              04/16/01

Notice                          04/16/01                    66 FR 19429

Comment Period End              05/16/01

Staff Sends Briefing Package to 

Commission                      10/31/02

Commission Decision             11/00/02



Regulatory Flexibility Analysis Required: Undetermined



Government Levels Affected: None



Federalism:  Undetermined



Agency Contact: Barbara J. Jacobson, Directorate for Health Sciences, 

Consumer Product Safety Commission, Washington, DC 20207

Phone: 301 504-0477

Email: bjacobson@cpsc.gov



RIN: 3041-AB94

_______________________________________________________________________



3944. PETITION HP 01-03 REQUESTING A BAN ON USE OF CHROMATED-COPPER-

ARSENATE (CCA) TREATED WOOD IN PLAYGROUND EQUIPMENT



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

undetermined.



Legal Authority: 15 USC 1262, Federal Hazardous Substance Act



CFR Citation: Not Yet Determined



Legal Deadline: None



Abstract: A petition from the Environmental Working Group and Healthy 

Building Network, docketed June 20, 2001, requests that the Commission 

enact an immediate ban on the use of chromated copper arsenate (CCA) 

treated wood in playground equipment. This treatment is used as a 

pesticide in the wood. The petitioners assert that a ban is necessary 

because recent research has shown that arsenic is more carcinogenic 

than was previously recognized, and is present at significant 

concentrations on CCA treated wood and in underlying soil. They further 

assert that the health risks posed by this wood are greater than was 

previously recognized, and that past risk assessments were incomplete. 

On July 13, 2001, the Commission published a notice in the Federal 

Register to solicit comments on the petition. The 60-day comment period 

ended on September 11, 2001. The petitioners also requested that the 

Commission review the safety of CCA treated wood for general use. Such 

a review would not require rulemaking to implement. Therefore, the 

request was not docketed. Commission staff is reviewing comments 

received on the petition and is conducting studies to obtain exposure 

data to assess possible health risks to children from the use of CCA-

treated wood in playground equipment. The Conference report 

accompanying the Commission's FY 2002 appropriation directed the CPSC 

to submit a report to Congress on its work on CCA treated wood and 

steps taken to inform state and local governments of that work. The 

report was submitted to the appropriations committees of both houses of 

Congress on February 15, 2002. Also, in February 2002 the USEPA 

announced that the manufacturers of CCA had requested that 

registrations of CCA be cancelled, effective December 31, 2003. The 

Commission staff is currently preparing an options briefing package for 

Commission consideration. Before finalizing the briefing package, the 

staff plans to ask outside experts to review the staff's risk 

assessment related to CCA-treated wood in playground equipment.



Timetable:

________________________________________________________________________



Action                            Date                      FR Cite



________________________________________________________________________



Petition Docketed               06/20/01

Notice on Petition              07/13/01                    66 FR 36756

Comment Period End              09/11/01

Notice on Protocols             09/20/01                    66 FR 48428

Comment Period End              10/22/01

Expert Assessment Completed     09/30/02

Staff Sends Briefing Package to 

Commission                      11/00/02



Regulatory Flexibility Analysis Required: Undetermined



Government Levels Affected: Undetermined



Federalism:  Undetermined



Agency Contact: Patricia Bittner, Project Manager, Consumer Product 

Safety Commission, Directorate for Health Sciences, Washington, DC 

20207

Phone: 301 504-0477

Email: pbittner@cpsc.gov



RIN: 3041-AB97

_______________________________________________________________________



3945. PETITION CP 01-01 REQUESTING RULE REQUIRING PRODUCT REGISTRATION 

CARDS FOR PRODUCTS INTENDED FOR CHILDREN



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

undetermined.



Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC 

2065(b), Consumer Product Safety Act



CFR Citation: Not Yet Determined



Legal Deadline: None



Abstract: A petition from the Consumer Federation of America requests 

that the Commission issue a rule requiring product registration cards 

with every product intended for children. The petitioner asks for a 

rule that would ``require manufacturers (or distributors, retailers, or 

importers) of products intended for children provide along with every 

product a Consumer Safety Registration Card that allows the purchaser 

to register information, through the mail or electronically.'' This 

would enable a manufacturer to contact the purchaser if the product 

were recalled or otherwise presented a safety hazard. On August 1, 

2001, the Commission published a notice in the Federal Register to 

solicit comments on the petition from all interested persons. The 

comment period closed on October 1, 2001. The staff is preparing a 

briefing package for consideration by the Commission. The Commission 

has been considering how best to improve the effectiveness of recalls.



[[Page 75502]]



Timetable:

________________________________________________________________________



Action                            Date                      FR Cite



________________________________________________________________________



Petition Docketed               07/10/01

Notice                          08/01/01                    66 FR 39737

Comment Period End              10/01/01

Staff Sends Briefing Package to 

the Commission                  10/31/02

Commission Decision             11/00/02



Regulatory Flexibility Analysis Required: Undetermined



Government Levels Affected: Undetermined



Federalism:  Undetermined



Agency Contact: Celestine T. Kiss, Project Manager, Consumer Product 

Safety Commission, Directorate for Engineering Sciences, Washingon, DC 

20207

Phone: 301 504-0468

Email: ckiss@cpsc.gov



RIN: 3041-AB98

_______________________________________________________________________



3946. [bull] PETITION CP 02-3 REQUESTING STANDARD FOR HUNTING TREE 

STANDS AND BAN OF WAIST BELT RESTRAINTS USED WITH HUNTING TREE STANDS



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

undetermined.



Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC 

2058(i), Consumer Product Safety Act



CFR Citation: None



Legal Deadline: None



Abstract: A petition from Carol Pollack-Nelson requests that the 

Commission issue regulations that would establish a mandatory standard 

for hunting tree stands to address the risk of falling, and ban waist 

belt restraints used with the tree stands. On May 1, 2002, the 

Commission published a notice in the Federal Register to solicit 

comments on the petition from all interested persons. The staff is 

preparing a briefing package for consideration by the Commission.



Timetable:

________________________________________________________________________



Action                            Date                      FR Cite



________________________________________________________________________



Petition Docketed               04/15/02

Notice                          05/01/02                    67 FR 21640

Comment Period End              07/01/02

Staff Sends Briefing Package to 

Commission                      01/00/03



Regulatory Flexibility Analysis Required: No



Government Levels Affected: None



Agency Contact: DeWane Ray, Project Manager, Consumer Product Safety 

Commission, Director for Engineering

Phone: 301 504-0508



RIN: 3041-AC07

_______________________________________________________________________



3947. [bull] PETITION CP 02-2 REQUESTING RULE TO REQUIRE PERFORMANCE 

STANDARD FOR AUXILIARY HAZARD LIGHTING SYSTEMS ON SNOWMOBILES



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

undetermined.



Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC 

2058, Consumer Product Safety Act



CFR Citation: Not Yet Determined



Legal Deadline: None



Abstract: In correspondence dated February 8, 2002, Allen J. Lakosky 

and Michelle Robillard of Snow Glow, Inc., requested that the 

Commission issue a rule prescribing performance standards for 

auxilliary lighting systems on snowmobiles. A notice was published in 

the Federal Register on April 30, 2002, in which the Commission 

solicited public comments concerning the petition. The staff is 

preparing a briefing package for consideration by the Commission



Timetable:

________________________________________________________________________



Action                            Date                      FR Cite



________________________________________________________________________



Petition Docketed               03/15/02

Notice                          04/30/02                    67 FR 21222

Comment Period End              07/01/02

Staff Sends Briefing Package to 

Commission                      01/00/03



Regulatory Flexibility Analysis Required: Undetermined



Government Levels Affected: None



Agency Contact: Timothy P. Smith, Project Manager, Consumer Product 

Safety Commission, Division of Human Factors, Directorate for 

Engineering Sciences

Phone: 301 504-0468

Email: tsmith@cpsc.gov



RIN: 3041-AC09

_______________________________________________________________________

Consumer Product Safety Commission (CPSC)           Proposed Rule Stage



_______________________________________________________________________



3948. FLAMMABILITY STANDARD FOR UPHOLSTERED FURNITURE



Priority: Economically Significant. Major under 5 USC 801.



Legal Authority: 15 USC 1193, Flammable Fabrics Act



CFR Citation: 16 CFR 1640



Legal Deadline: None



Abstract: On June 15, 1994, the Commission published an advance notice 

of proposed rulemaking (ANPRM) to begin a proceeding for development of 

a flammability standard to address risks of death, injury, and property 

damage from fires associated with ignition of upholstered furniture by 

small open-flame sources such as matches, lighters, or candles. This 

ANPRM was issued after the Commission granted part of a petition 

requesting development of a mandatory flammability standard to address 

risks of injury from ignition of upholstered furniture by: (1) small 

open-flame sources; (2) large open-flame sources; and (3) cigarettes. 

The Commission voted to deny that part of the petition requesting 

development of a mandatory standard to address hazards associated with 

ignition of upholstered furniture by large open-flame sources. The 

Commission also voted to defer a decision on that part of the petition 

requesting development of a standard to address cigarette ignition, and 

directed the staff to report to the Commission on the effectiveness of, 

and the extent of industry compliance with, a voluntary program to 

reduce risks of ignition of upholstered furniture by cigarettes. The 

Commission staff developed a draft standard to address ignition of 

upholstered furniture by small open-flame sources.

In 1998, the Commission deferred action and held a public hearing to



[[Page 75503]]



gather additional information on the potential toxicity of 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.

A CPSC staff risk assessment concluded that a number of flame-retardant 

chemicals are available that would not present health risks to 

consumers, although additional data are needed for some other 

chemicals. The CPSC staff is also working with the National Institute 

of Occupational Safety and Health and the Environmental Protection 

Agency to evaluate possible impacts of flame-retardant chemical use on 

worker safety and the environment.

In 2001, the CPSC staff forwarded a briefing package to the Commission, 

and the Commission voted to authorize the staff to conduct a public 

meeting to present the direction of the staff's draft standard, to 

discuss supporting technical data, and to receive comments and 

recommendations from interested parties. The staff is also continuing 

to cooperate with industry representatives and voluntary standards 

organizations to develop possible voluntary alternatives to CPSC's 

regulatory action.

On June 18 and 19, 2002, the Commission staff held a public meeting to 

receive information on the upholstered furniture project. The staff is 

analyzing the information received at the hearing and will present the 

analysis to the Commission.



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 Analysis of Information 

From Public Meeting             12/00/02



Regulatory Flexibility Analysis Required: Undetermined



Government Levels Affected: Undetermined



Federalism:  Undetermined



Agency Contact: Dale R. Ray, Project Manager, Directorate for Economic 

Analysis, Consumer Product Safety Commission, Washington, DC 20207

Phone: 301 504-0962

Email: dray@cpsc.gov



RIN: 3041-AB35

_______________________________________________________________________



3949. 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 may 

result in amendment of the safety regulations for full-size and non-

full-size cribs, 16 CFR parts 1508 and 1509. Among the regulatory 

alternatives under consideration is amendment of the regulations to add 

tests to assure that slats will not disengage from the side panels of 

cribs. The Commission began this proceeding after considering 

information about incidents in which crib slats disengaged from the 

side panels of cribs, creating a risk that children may become 

entrapped between the remaining slats or fall out of the crib. At the 

urging of CPSC staff, in April 1999, the voluntary standard for cribs 

designated, ``Specification for Full Size Baby Cribs (ASTM F1169-99),'' 

and published by ASTM International was revised to include performance 

requirements for crib slats. The Commission will consider written 

comments received in response to the ANPRM, and assess conformance with 

the voluntary standard before deciding whether to continue the 

proceeding by publication of a notice of proposed rulemaking (NPRM), or 

terminate further proceedings in reliance on the voluntary standard.



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 

Conformance to Revised Voluntary 

Standard                        03/27/01

Staff Completes Monitoring 

Conformance                     10/31/02

Staff Sends Briefing Package to 

Commission                      11/00/02

Commission Decision             12/00/02



Regulatory Flexibility Analysis Required: Undetermined



Government Levels Affected: Undetermined



Federalism:  Undetermined



Agency Contact: Patricia L. Hackett, Project Manager, Consumer Product 

Safety Commission, Directorate for Engineering Sciences, Washington, DC 

20207

Phone: 301 504-0494

Email: phackett@cpsc.gov



RIN: 3041-AB67



[[Page 75504]]



_______________________________________________________________________



3950. 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 children can become entrapped between 

the portable bed rail and the bed. This entrapment can result in 

serious injury or death. On October 30, 2001, the Commission instructed 

the Office of the General Counsel to prepare a draft notice of proposed 

rulemaking addressing this issue for its consideration.



Timetable:

________________________________________________________________________



Action                            Date                      FR Cite



________________________________________________________________________



Staff Sends 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 Sends Briefing Package to 

Commission                      10/01/01

Commission Decision             10/30/01

Staff Sends Draft NPRM to 

Commission                      10/31/02

Commission Decision on NPRM     11/00/02



Regulatory Flexibility Analysis Required: Undetermined



Government Levels Affected: Undetermined



Federalism:  Undetermined



Agency Contact: Patricia L. Hackett, Project Manager, Consumer Product 

Safety Commission, Directorate for Engineering Sciences, Washington, DC 

20207

Phone: 301 504-0494

Email: phackett@cpsc.gov



RIN: 3041-AB91

_______________________________________________________________________



3951. PROPOSED RULE ON BABY BATH SEATS



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

undetermined.



Unfunded Mandates: Undetermined



Legal Authority: 15 USC 1261, Federal Hazardous Substances Act



CFR Citation: Not Yet Determined



Legal Deadline: None



Abstract: An advance notice of proposed rulemaking (ANPRM), published 

in the Federal Register on August 1, 2001, requested comments on a 

rulemaking proceeding that could result in a mandatory rule addressing 

baby bath seats. These are consumer products used to hold an infant in 

a bathtub while the child is being bathed. The Commission voted to 

publish the ANPRM and proceed with rulemaking after considering the 

staff's analysis of available data and information provided by the 

petitioners, the Consumer Federation of America and other consumer 

groups who requested that the Commission ban baby bath seats and bath 

rings. The staff is addressing public comments received in reponse to 

the ANPRM and preparing a briefing package for Commission 

consideration.



Timetable:

________________________________________________________________________



Action                            Date                      FR Cite



________________________________________________________________________



ANPRM                           08/01/01                    66 FR 39692

ANPRM Comment Period End        10/01/01

Staff Sends Briefing Package to 

Commission                      10/31/02

Commission Decision             11/00/02



Regulatory Flexibility Analysis Required: Undetermined



Government Levels Affected: None



Federalism:  Undetermined



Agency Contact: Patricia L. Hackett, Project Manager, Consumer Product 

Safety Commission, Directorate for Engineering Sciences, Washington, DC 

20207

Phone: 301 504-0494

Email: phackett@cpsc.gov



Related RIN: Related To 3041-AB93

RIN: 3041-AC03

_______________________________________________________________________

Consumer Product Safety Commission (CPSC)              Final Rule Stage



_______________________________________________________________________



3952. PROPOSED BAN OF CANDLES WITH LEAD-CONTAINING WICKS AND WICKS SOLD 

FOR CANDLE-MAKING THAT CONTAIN LEAD



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: An advance notice of proposed rulemaking (ANPRM), published 

in the Federal Register on February 20, 2001, requested comments on a 

rulemaking proceeding that could result in a mandatory rule addressing 

the use of lead in candle wicks. The Commission voted to publish the 

ANPRM and proceed with rulemaking after considering the staff's 

analysis of the available data on lead-cored candle wicks as well as 

information provided by the petitioners Public Citizen, National 

Apartment Association, and National Multi-Housing Council. The staff 

recommended that the Commission proceed with rulemaking to ban metal-

cored wicks containing more than 0.06 percent lead by weight in the 

metal. The staff addressed public comments received in response to the 

ANPRM and prepared a briefing package for Commission consideration. On 

April 17, 2002, the Commission voted to issue a notice of proposed 

rulemaking (NPRM). The NPRM was published in the Federal Register on 

April 24, 2002. The staff is responding to the public comments received 

in response to the NPRM, and is preparing a briefing package for 

Commission consideration.



Timetable:

________________________________________________________________________



Action                            Date                      FR Cite



________________________________________________________________________



ANPRM                           02/20/01                    66 FR 10863

ANPRM Comment Period End        04/23/01



[[Page 75505]]



Staff Sent Briefing Package to 

Commission                      03/20/02

Commission Decision             04/17/02

NPRM                            04/24/02                    67 FR 20062

NPRM Comment Period End         07/08/02

Staff Sends Briefing Package to 

Commission                      11/00/02



Regulatory Flexibility Analysis Required: Undetermined



Government Levels Affected: None



Agency Contact: Kristina Hatlelid, Project Manager, Consumer Product 

Safety Commission, Directorate for Health Sciences, Washington, DC 

20207

Phone: 301 504-0994

Email: khatlelid@cpsc.gov



RIN: 3041-AB96

_______________________________________________________________________



3953. PROPOSED RULE EXEMPTING CERTAIN MODEL ROCKET PROPELLANT DEVICES 

FOR USE WITH LIGHTWEIGHT SURFACE VEHICLES



Priority: Substantive, Nonsignificant



Legal Authority: 15 USC 1261(q)(1), Federal Hazardous Substances Act



CFR Citation: 16 CFR 1500.83(a)(36); 16 CFR 1500.85(a)(14)



Legal Deadline: None



Abstract: A notice of proposed rulemaking (NPRM), published in the 

Federal Register on January 30, 2002, proposed to exempt from banning 

under the Federal Hazardous Substances Act certain model rocket 

propellant devices for model rocket ground vehicles if they meet 

requirements similar to those presently required for flyable model 

rockets. The Commission voted to publish the NPRM and proceed with 

rulemaking after considering a petition filed by Centuri Corporation 

that requested an exemption covering two prototype model rocket cars. 

The Commission decided to grant the petition in part and issue a 

proposed rule exempting only model rocket propellant devices to be used 

with surface vehicles like the smaller prototype car. The staff is 

addressing public comments received in response to the NPRM and is 

preparing a briefing package for the Commission to determine whether to 

issue a final rule.



Timetable:

________________________________________________________________________



Action                            Date                      FR Cite



________________________________________________________________________



NPRM                            01/30/02                     67 FR 4373

NPRM Comment Period End         04/15/02

Staff Sends Briefing Package to 

Commission                      10/31/02

Commission Decision             11/00/02



Regulatory Flexibility Analysis Required: No



Government Levels Affected: None



Agency Contact: Terrance R. Karels, Project Manager, Consumer Product 

Safety Commission, Directorate for Economic Analysis, Washington, DC 

20207

Phone: 301 504-0962

Email: tkarels@cpsc.gov



Related RIN: Related To 3041-AB95

RIN: 3041-AC00

_______________________________________________________________________

Consumer Product Safety Commission (CPSC)             Long-Term Actions



_______________________________________________________________________



3954. PETITION CP 02-01 REQUESTING RULE ADOPTING ASTM F400, SAFETY 

STANDARD FOR LIGHTERS AS A CONSUMER PRODUCT SAFETY STANDARD



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

undetermined.



Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC 

2058, Consumer Product Safety Act



CFR Citation: Not Yet Determined



Legal Deadline: None



Abstract: A petition from the Lighter Association, Inc. requests that 

the Commission issue a rule adopting an ASTM voluntary standard for 

lighters as a consumer product safety standard. The voluntary standard 

contains numerous safety requirements for cigarette lighters. On 

January 17, 2002, the Commission published a notice in the Federal 

Register to solicit comments on the petition from all interested 

persons. The comment period closed on March 18, 2002. The staff is 

preparing a briefing package for consideration by the Commission.



Timetable:

________________________________________________________________________



Action                            Date                      FR Cite



________________________________________________________________________



Petition Docketed               12/26/01

Notice                          01/17/02                     67 FR 2420

Comment Period End              03/18/02

Staff Sends Briefing Package to 

Commission                       To Be                       Determined



Regulatory Flexibility Analysis Required: Undetermined



Government Levels Affected: Undetermined



Federalism:  Undetermined



Agency Contact: Barbara J. Jacobson, Directorate for Health Sciences, 

Consumer Product Safety Commission, Washington, DC 20207

Phone: 301 504-0477

Email: bjacobson@cpsc.gov



RIN: 3041-AC01

_______________________________________________________________________



3955. PROPOSED STANDARD TO ADDRESS OPEN-FLAME IGNITION OF MATTRESSES/

BEDDING



Priority: Substantive, Nonsignificant



Legal Authority: 15 USC 1193, Flammable Fabrics Act



CFR Citation: Not Yet Determined



Legal Deadline: None



Abstract: The Commission published an advance notice of proposed 

rulemaking (ANPRM) in the Federal Register of October 11, 2001 that 

requested comments on a rulemaking proceeding that could result in a 

mandatory flammability standard addressing open flame ignition of 

mattresses/bedding. In 1995, the Commission staff began a project on 

mattress fires, and the ANPRM reflects information obtained from that 

research. The ANPRM also addresses two subsequently filed petitions 

from the Children's Coalition for Fire-Safe Mattresses, FP 00-1 and FP 

00-2, requesting certain standards to address



[[Page 75506]]



the open flame ignition hazard with mattresses/bedding. On October 2, 

2001, the Commission voted to grant these two petitions and issue an 

ANPRM addressing this mattress flammability hazard. The staff will 

address public comments on the ANPRM and prepare a briefing package for 

Commission consideration.



Timetable:

________________________________________________________________________



Action                            Date                      FR Cite



________________________________________________________________________



ANPRM                           10/11/01                    66 FR 51886

ANPRM Comment Period End        12/10/01

Staff Sends Briefing Package to 

Commission                       To Be                       Determined



Regulatory Flexibility Analysis Required: Undetermined



Government Levels Affected: Undetermined



Federalism:  Undetermined



Agency Contact: Margaret L. Neily, Project Manager, Consumer Product 

Safety Commission, Directorate for Engineering Sciences, Washington, DC 

20207

Phone: 301 504-0508

Email: mneily@cpsc.gov



Related RIN: Related To 3041-AB89

RIN: 3041-AC02

_______________________________________________________________________



3956. TEST METHOD FOR DETERMINING APPLICABILITY OF CAUTIONARY LABELING 

AND CHILD-RESISTANT PACKAGING TO HYDROCARBON-CONTAINING PRODUCTS IN 

SPRAY PACKAGING



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

undetermined.



Legal Authority: 15 USC 1471, Poison Prevention Packaging Act; 15 USC 

1261(p), Federal Hazardous Substances Act



CFR Citation: Not Yet Determined



Legal Deadline: None



Abstract: On January 3, 2000 CPSC issued a notice of proposed 

rulemaking under the Poison Prevention Packaging Act (PPPA) to require 

child-resistant packaging of prepackaged products that contain liquid 

hydrocarbons of low viscosity, including aerosol/trigger/pump packaged 

products (spray products) that expel product in a stream. The final 

rule issued on October 25, 2001 covered liquid hydrocarbon-containing 

products other than these spray products.

Under current CPSC guidance, special cautionary labeling under the 

Federal Hazardous Substances Act (FHSA) would also be required for most 

hydrocarbon-containing spray products that expel product as a stream. 

The staff has now developed a quantitative test method to identify 

those hydrocarbon-containing spray products that pose an aspiration 

hazard. The staff is preparing a briefing package for the Commission's 

consideration that may recommend using this test method to determine 

applicability of the FHSA special cautionary labeling and PPPA child-

resistant packaging requirements to spray products that expel product 

in a stream.



Timetable:

________________________________________________________________________



Action                            Date                      FR Cite



________________________________________________________________________



NPRM                            01/03/00                       65 FR 93

NPRM Comment Period End         03/20/00

Staff Sends Briefing Package to 

Commission                       To Be                       Determined



Regulatory Flexibility Analysis Required: Undetermined



Government Levels Affected: None



Agency Contact: Suzanne Barone Ph.D., Project Manager, Consumer Product 

Safety Commission, Directorate for Health Sciences, Washington, DC 

20207

Phone: 301 504-0477

Email: sbarone@cpsc.gov



Related RIN: Related To 3041-AB57

RIN: 3041-AC05

_______________________________________________________________________



3957. STANDARDS OF CONDUCT FOR OUTSIDE ATTORNEYS PRACTICING BEFORE THE 

CONSUMER PRODUCT SAFETY COMMISSION



Priority: Info./Admin./Other



Legal Authority: Not Yet Determined



CFR Citation: Not Yet Determined



Legal Deadline: None



Abstract: The Commission voted to publish a notice of proposed 

rulemaking (NPRM) to revise its regulations to extend their coverage to 

attorneys representing clients before the Commission in matters other 

than formal adjudication. Attorney conduct in adjudicative matters is 

already covered by Commission regulations. The Commission is presently 

considering whether there is any need to extend the coverage of the 

regulations.



Timetable:

________________________________________________________________________



Action                            Date                      FR Cite



________________________________________________________________________



NPRM                            11/06/00                    65 FR 66515

NPRM Comment Period End         01/05/01

Staff Sends Briefing Package to 

Commission                       To Be                       Determined



Regulatory Flexibility Analysis Required: No



Government Levels Affected: None



Agency Contact: Melissa V. Hampshire, Attorney, Consumer Product Safety 

Commission, Office of the General Counsel, Washington, DC 20207

Phone: 301 504-0980

Fax: 301 504-0403

Email: mhampshire@cpsc.gov



RIN: 3041-AC06

_______________________________________________________________________

Consumer Product Safety Commission (CPSC)             Completed Actions



_______________________________________________________________________



3958. BABY WALKERS



Priority: Substantive, Nonsignificant



Legal Authority: 15 USC 1261, Federal Hazardous Substances Act; 15 USC 

1262, Federal Hazardous Substances Act



CFR Citation: None



Legal Deadline: None



Abstract: On August 2, 1994, the Commission published an advance notice 

of proposed rulemaking (ANPRM) that began a proceeding that could 

result in the issuance of mandatory design or performance requirements 

for baby walkers. A baby walker is a device that supports a child so 

that the child can use his or her feet to move about before or while 

learning to walk. Typically, a baby



[[Page 75507]]



walker consists of a fabric seat that has leg openings and is mounted 

to a rigid plastic deck. The deck is attached to a base that is mounted 

on wheels to allow mobility.

In 1994, an estimated 25,500 children younger than 15 months of age 

were treated in hospital emergency rooms for injuries associated with 

baby walkers. The majority of these injuries resulted from falls down 

stairs. In response to the Commission's work in this area, ASTM 

International published revisions to the voluntary standard for baby 

walkers in 1997 to address the hazard of falling down stairs. In 2000, 

baby walker injuries to children under 15 months of age had dropped to 

7,400. Based on this and the staff's assessment of the extent of 

industry conformance with that voluntary standard, designated 

``Standard Consumer Safety Specification for Infant Walkers,'' SF 977-

97, published by ASTM, the staff recommended that the Commission 

terminate further regulatory proceedings. The Commission voted to do so 

and a Federal Register notice announcing the termination was published 

on May 9, 2002.



Timetable:

________________________________________________________________________



Action                            Date                      FR Cite



________________________________________________________________________



ANPRM                           08/02/94                    59 FR 39309

ANPRM Comment Period End        10/03/94

Staff Provided Technical 

Recommendations to Revise 

Voluntary Standard              12/16/94

Revised Voluntary Standard 

Approved                        10/01/96

Voluntary Certification Program 

Began                           06/30/97

Staff Completed Monitoring 

Conformance to Revised Voluntary 

Standard                        05/31/00

Staff Completed Special Study of 

Injury Data                     09/29/00

Staff Completed Testing of New 

Walker Designs                  05/01/01

Staff Sent Briefing Package to 

Commission                      04/25/02

Commission Decision to Terminate 

Proceeding                      05/01/02

Notice of Termination           05/09/02                    67 FR 31165



Regulatory Flexibility Analysis Required: No



Government Levels Affected: None



Agency Contact: Barbara J. Jacobson, Directorate for Health Sciences, 

Consumer Product Safety Commission, Washington, DC 20207

Phone: 301 504-0477

Email: bjacobson@cpsc.gov



RIN: 3041-AB40

_______________________________________________________________________



3959. RULEMAKING TO EXEMPT HORMONE REPLACEMENT THERAPY PRODUCTS FROM 

SPECIAL PACKAGING REQUIREMENTS



Priority: Substantive, Nonsignificant



Legal Authority: 15 USC 1471, Poison Prevention Packaging Act



CFR Citation: 16 CFR 1700.14(a)(10)



Legal Deadline: None



Abstract: The Commission has proposed a rule to exempt hormone 

replacement therapy (HRT) products from the child-resistant packaging 

requirements of the Poison Prevention Packaging Act. HRT refers to the 

use of estrogen alone or estrogen and progestin to treat menopausal 

symptoms. The proposed exemption is based on the low acute toxicity of 

these products. The Commission received one comment in favor of the 

proposed rule. On October 24, 2002, the Commission voted to issue a 

final rule exempting HRT products from poison prevention packaging 

requirements.



Timetable:

________________________________________________________________________



Action                            Date                      FR Cite



________________________________________________________________________



NPRM                            02/19/02                     67 FR 7319

NPRM Comment Period End         05/06/02

Staff Sends Briefing Package to 

Commission                      10/09/02

Commission Decision             10/24/02

Final Rule                      11/01/02                    67 FR 66550

Final Rule Effective            11/01/02



Regulatory Flexibility Analysis Required: Undetermined



Government Levels Affected: None



Agency Contact: Jacqueline Ferrante Ph.D., Project Manager, Consumer 

Product Safety Commission, Directorate for Health Sciences, Washington, 

DC 20207

Phone: 301 504-0477

Email: jferrante@cpsc.gov



RIN: 3041-AC04

[FR Doc. 02-23901 Filed 12-06-02; 8:45 am]

BILLING CODE 6355-01-S