[December 11, 2006 (Volume 71, Number 237)] [Unified Agenda] From the Federal Register Online via GPO Access [frwais.access.gpo.gov] [DOCID: f:ua061046.wais] [Page 74134-74143] Consumer Product Safety Commission ----------------------------------------------------------------------- Part XLVI ----------------------------------------------------------------------- Semiannual Regulatory Agenda [[Page 74134]] 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 November 30, 2006 ADDRESSES: Comments on the regulatory flexibility agenda should be captioned ``Regulatory Flexibility Agenda'' and be e-mailed to cpsc- os@cpsc.gov 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. 601-612) 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. 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: August 18, 2006. Todd A. Stevenson, Secretary, Consumer Product Safety Commission. Consumer Product Safety Commission--Prerule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3740 Petition HP 06-2 Requesting Labeling Exemption for Mini Sparklers..................... 3041-AC33 3741 Petition HP 06-1 Requesting Ban on Lead Toy Jewelry................................... 3041-AC34 3742 Portable Generators................................................................... 3041-AC36 ---------------------------------------------------------------------------------------------------------------- Consumer Product Safety Commission--Proposed Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3743 Flammability Standard for Upholstered Furniture (Reg Plan Seq No. 146)................ 3041-AB35 3744 Amendment of the Standard for the Flammability of Clothing Textiles................... 3041-AB68 3745 Portable Bed Rails.................................................................... 3041-AB91 3746 Labeling for Portable Generators...................................................... 3041-AC37 3747 Flammability Standards for Carpets and Rugs........................................... 3041-AC38 ---------------------------------------------------------------------------------------------------------------- References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register. [[Page 74135]] Consumer Product Safety Commission--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3748 Amendment of Safety Regulations for Cribs............................................. 3041-AB67 3749 Safety Standard for Baby Bath Seats................................................... 3041-AC03 3750 Petition CP 03-1/HP 03-1 Requesting a Standard for Bunk Bed Corner Posts.............. 3041-AC10 3751 Petition CP 04-1/HP 04-1 Requesting Mandatory Fire Safety Standards for Candles and 3041-AC22 Candle Accessories.................................................................... 3752 Mandatory Safety Standard for Cigarette Lighters...................................... 3041-AC25 3753 Proposed Standard To Address Open-Flame Ignition of Bedclothes........................ 3041-AC26 3754 Possible Revocation or Amendment of Standard for the Flammability of Mattresses and 3041-AC27 Mattress Pads (Cigarette Ignition).................................................... 3755 All Terrain Vehicles.................................................................. 3041-AC28 3756 Regulatory Options for Infant Pillows................................................. 3041-AC30 3757 Regulatory Options for Table Saws..................................................... 3041-AC31 3758 Fireworks Devices..................................................................... 3041-AC35 3759 Civil Penalty Factors................................................................. 3041-AC40 ---------------------------------------------------------------------------------------------------------------- Consumer Product Safety Commission--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3760 Petition CP 03-2 Requesting Performance Standards for a System to Reduce or Prevent 3041-AC19 Injuries From Contacting the Blade of a Table Saw..................................... 3761 Petition HP 05-1 Requesting Amendment to Ban on Infant Pillows........................ 3041-AC29 3762 Commission Involvement in Voluntary Standards......................................... 3041-AC32 3763 Substantial Product Hazard Reports.................................................... 3041-AC39 ---------------------------------------------------------------------------------------------------------------- _______________________________________________________________________ Consumer Product Safety Commission (CPSC) Prerule Stage _______________________________________________________________________ 3740. [bull] PETITION HP 06-2 REQUESTING LABELING EXEMPTION FOR MINI SPARKLERS 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: Octavius Hunt requests 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. 1261-1278. A notice requesting comment on the petition was published in the Federal Register on June 27, 2006. 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 12/00/06 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Agency Contact: Jonathan Midgett, Engineering Psychologist, Consumer Product Safety Commission, Bethesda, MD 20814 Phone: 301 504-7692 Email: jmidgett@cpsc.gov RIN: 3041-AC33 _______________________________________________________________________ 3741. [bull] PETITION HP 06-1 REQUESTING BAN ON LEAD TOY JEWELRY Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: 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: The Sierra Club requests a ban on toy jewelry containing more than 0.06% 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 will prepare a briefing package for Commission consideration as to [[Page 74136]] whether to grant, deny or defer action on the petition. 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 12/00/06 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined 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: khatlelid@cpsc.gov RIN: 3041-AC34 _______________________________________________________________________ 3742. [bull] 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: The staff prepared a draft advance notice of proposed rulemaking (ANPRM) under the Consumer Product Safety Act (CPSA) concerning portable generators for consideration by the Commission. The ANPRM discusses regulatory and non-regulatory alternatives that could reduce portable generator-related deaths and injuries, particularly those related to carbon monoxide poisoning. On October 12, 2006 staff sent supplemental material to the Commission. On October 26, 2006, staff briefed the Commission and the Commission voted 2-0 to instruct the staff to prepare a draft ANPRM for Commission consideration. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Staff sends ANPRM to Commission 06/29/06 Staff sent Supplemental Material to Commission 10/12/06 Staff Briefs Commission 10/26/06 Commission Decision 10/26/06 Staff Sends Draft ANPRM to Commission 12/00/06 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, Bethesda, MD 20814 Phone: 301 504-0508 Email: jbuyer@cpsc.gov RIN: 3041-AC36 _______________________________________________________________________ Consumer Product Safety Commission (CPSC) Proposed Rule Stage _______________________________________________________________________ 3743. FLAMMABILITY STANDARD FOR UPHOLSTERED FURNITURE Regulatory Plan: This entry is Seq. No. 146 in part II of this issue of the Federal Register. RIN: 3041-AB35 _______________________________________________________________________ 3744. AMENDMENT OF THE STANDARD FOR THE FLAMMABILITY OF CLOTHING TEXTILES Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 15 USC 1191, Flammable Fabrics Act CFR Citation: 16 CFR 1610 Legal Deadline: None Abstract: The Standard for the Flammability of Clothing Textiles prohibits the manufacture, importation, or sale of clothing and fabrics and related materials intended for use in clothing, which are dangerously flammable because of rapid and intense burning. The standard prescribes the apparatus, procedure, and criteria to be used for testing to determine compliance with that standard. The standard was made mandatory by the Flammable Fabrics Act of 1953 (Pub. L. 83-88, 67 Stat. 111; June 30, 1953). Some of the equipment and procedures specified by the standard, particularly those for laundering and cleaning of test specimens, have become obsolete, unavailable, or unrepresentative of current practices. The staff prepared a briefing package describing modifications of the standard that may be needed to assure that the test in the standard is conducted with equipment and procedures representative of conditions to which garments currently are exposed. After consideration of the briefing package, the Commission decided to begin a proceeding for amendment of the standard. An advance notice of proposed rulemaking was published in the Federal Register on September 12, 2002. The staff is reviewing public comments and will develop proposed amendments for Commission consideration. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Staff Sent Briefing Package to Commission 06/11/02 Commission Decision 08/28/02 ANPRM 09/12/02 67 FR 57770 ANPRM Comment Period End 11/12/02 Staff Sends Briefing Package to Commission 12/00/06 Commission Decision 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: padair@cpsc.gov RIN: 3041-AB68 [[Page 74137]] _______________________________________________________________________ 3745. 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 Evaluates Conformance to Voluntary Standard 10/01/05 Staff Sends Briefing Package to Commission 12/00/06 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Patricia L. Hackett, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, 4330 East-West Highway, Bethesda, MD 20814-4408 Phone: 301 504-7577 Email: phackett@cpsc.gov RIN: 3041-AB91 _______________________________________________________________________ 3746. [bull] LABELING FOR PORTABLE GENERATORS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 15 USC 2076(e), Consumer Product Safety Act CFR Citation: Not Yet Determined Legal Deadline: None Abstract: The staff has sent a notice of proposed rulemaking (NPRM) briefing package to the Commission recommending that manufacturers of portable generators be required 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. On August 15, 2006, the Commission voted to issue the NPRM Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Staff sends NPR Briefing Package to Commission 08/08/06 Commission Decision 08/15/06 NPRM 08/24/06 71 FR 50003 NPRM Comment Period End 11/07/06 Staff Sends Briefing Package to Commission 01/00/07 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, Bethesda, MD 20814 Phone: 301 504-0508 Email: jbuyer@cpsc.gov RIN: 3041-AC37 _______________________________________________________________________ 3747. [bull] 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 and 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. In April 2002, Commission staff learned that the Eli Lilly Company was no longer producing the methenamine tablets specified in the carpet and rug standards. The staff has prepared a briefing package recommending removing the reference to the Eli Lilly Company and amending the standards to address the issue of what is considered an ``equal'' methenamine tablet for Commission consideration. On October 10, 2006, the Commission voted to instruct the staff to prepare a draft notice of proposed rulemaking (NPRM). 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 Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Patricia K. Adair, Project Manager, Consumer Product [[Page 74138]] Safety Commission, Directorate for Engineering Sciences, 4330 East-West Highway, Bethesda, MD 20814-4408 Phone: 301 504-7536 Email: padair@cpsc.gov RIN: 3041-AC38 _______________________________________________________________________ Consumer Product Safety Commission (CPSC) Long-Term Actions _______________________________________________________________________ 3748. AMENDMENT OF SAFETY REGULATIONS FOR CRIBS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 5 USC 553, Administrative Procedure Act; 15 USC 1261, Federal Hazardous Substances Act CFR Citation: 16 CFR 1508; 16 CFR 1509 Legal Deadline: None Abstract: On December 16, 1996, the Commission published an advance notice of proposed rulemaking (ANPRM) to begin a proceeding that could result in amendment of the safety regulations for full-size and non- full-size cribs, 16 CFR parts 1508 and 1509. Among the regulatory alternatives under consideration is amendment of the regulations to add tests to assure that slats will not disengage from the side panels of cribs. The Commission began this proceeding after considering information about incidents in which crib slats disengaged from the side panels of cribs, creating a risk that children may become entrapped between the remaining slats or fall out of the crib. At the urging of CPSC staff, in April 1999, the voluntary standard for cribs designated, ``Specification for Full Size Baby Cribs (ASTM F1169-99),'' and published by ASTM International was revised to include performance requirements for crib slats. The Commission will assess the adequacy of and conformance with the voluntary standard before deciding whether to continue the proceeding by publication of a notice of proposed rulemaking or terminate further proceedings. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Staff Recommended Revisions to Voluntary Standard 09/30/96 ANPRM 12/16/96 61 FR 65996 ANPRM Comment Period End 02/14/97 Revisions to Voluntary Standard Approved 04/10/99 Voluntary Certification Program Begins 03/01/00 Staff Began Monitoring Adequacy of and Conformance with Revised Voluntary Standard 03/27/01 Staff Completes Monitoring Adequacy and Conformance 12/01/05 Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Patricia L. Hackett, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, 4330 East-West Highway, Bethesda, MD 20814-4408 Phone: 301 504-7577 Email: phackett@cpsc.gov RIN: 3041-AB67 _______________________________________________________________________ 3749. SAFETY STANDARD FOR BABY BATH SEATS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 15 USC 1261, Federal Hazardous Substances Act CFR Citation: Not Yet Determined Legal Deadline: None Abstract: An advance notice of proposed rulemaking (ANPRM), published in the Federal Register on August 1, 2001, requested comments on a rulemaking proceeding that could result in a mandatory rule addressing baby bath seats. These are consumer products used to hold an infant in a bathtub while the child is being bathed. The Commission voted to publish the ANPRM and proceed with rulemaking after considering the staff's analysis of available data and information provided by the petitioners, the Consumer Federation of America, and other consumer groups who requested that the Commission ban baby bath seats and bath rings. The staff briefed the Commission on July 28, 2003, and the Commission received oral comments from the public on the same date. The staff evaluated the comments received at the hearing and sent a briefing package to the Commission. On October 16, 2003, the Commission decided to issue a notice of proposed rulemaking and directed the staff to prepare it for the Commission's consideration. On December 29, 2003, the NPRM was published in the Federal Register. The comment period closed on March 15, 2004. The staff is presently evaluating the comments and evaluating the adequacy of a revised voluntary standard for bath seats (ASTMF 1967-04), which was approved in July 2004. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ ANPRM 08/01/01 66 FR 39692 ANPRM Comment Period End 10/01/01 Staff Sends Briefing Package to Commission 05/08/03 Staff Briefed Commission 07/28/03 Hearing 07/28/03 Commission Decision 10/16/03 NPRM 12/29/03 68 FR 74878 NPRM Comment Period End 03/15/04 Staff Begins Monitoring Progress of Voluntary Standard 10/01/05 Staff Completes Monitoring Progress of Voluntary Standard To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Federalism: Undetermined [[Page 74139]] 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: phackett@cpsc.gov Related RIN: Related to 3041-AB93 RIN: 3041-AC03 _______________________________________________________________________ 3750. 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. An ASTM subcommittee ballot addressing vertical protrusions on a top bunk closed on July 3, 2006. CPSC staff provided comments to this ballot; comments will be reviewed at the next subcommitee meeting. 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: sbathalon@cpsc.gov RIN: 3041-AC10 _______________________________________________________________________ 3751. 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 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: atenney@cpsc.gov RIN: 3041-AC22 _______________________________________________________________________ 3752. 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 has completed monitoring conformance of lighters with the voluntary standard, and has sent a briefing package to the Commission for consideration. 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 [[Page 74140]] 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 Briefing Package to Commission 10/10/06 Commission Decision To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Rohit Khanna, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, 4330 East-West Highway, Bethesda, MD 20814-4408 Phone: 301 504-7546 Email: rkhanna@cpsc.gov RIN: 3041-AC25 _______________________________________________________________________ 3753. 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: atenney@cpsc.gov RIN: 3041-AC26 _______________________________________________________________________ 3754. 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 will begin in late 2006. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ ANPRM 06/23/05 70 FR 36357 ANPRM Comment Period End 08/22/05 Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Patricia K. Adair, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, 4330 East-West Highway, Bethesda, MD 20814-4408 Phone: 301 504-7536 Email: padair@cpsc.gov RIN: 3041-AC27 _______________________________________________________________________ 3755. 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: Not Yet Determined Legal Deadline: None Abstract: At the direction of the Chairman, the staff prepared a draft advance notice of proposed rulemaking (ANPRM) concerning all terrain vehicles (ATVs) for consideration by the Commission. The staff memorandum accompanying the draft ANPRM discussed regulatory and non- regulatory options. Issuance of the ANPRM initiated a rulemaking proceeding under the Consumer Product Safety Act (CPSA) and the Federal Hazardous Substances Act (FHSA). The draft ANPRM reviewed the history of the Commission's involvement with ATVs and discussed a broad range of regulatory and non-regulatory options that the Commission can consider as a means to reduce [[Page 74141]] ATV-related deaths and injuries. The ANPRM was published on October 14, 2005. The staff addressed public comments on the ANPRM and sent a briefing package with a draft notice of proposed rulemaking (NPRM) to the Commission on May 31, 2006. 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 in the Federal Register with changes. 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 Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined URL For Public Comments: http://www.cpsc.gov/library/foia/foia06/pubcom/atvcom1.pdf through http://www.cpsc.gov/library/foia/foia06/pubcom/atvcom13.pdf Agency Contact: Elizabeth W. Leland, Project Manager, Consumer Product Safety Commission, Directorate for Economic Analysis, 4330 East-West Highway, Bethesda, MD 20814-4408 Phone: 301 504-7706 Email: eleland@cpsc.gov RIN: 3041-AC28 _______________________________________________________________________ 3756. [bull] 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 requiring 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 14, 2006 the Commission voted to issue the ANPRM. 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 To Be Determined 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: swanna-nakamura@cpsc.gov RIN: 3041-AC30 _______________________________________________________________________ 3757. [bull] 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 staff is preparing an advance notice of proposed rulemaking (ANPRM) concerning table saws 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. 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: cpaul@cpsc.gov RIN: 3041-AC31 _______________________________________________________________________ 3758. [bull] 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 and 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 strenghen 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. 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 [[Page 74142]] Comment Period Closes 09/11/06 Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Barbara E. Parisi, Regulatory Affairs Attorney, Office of General Counsel, Consumer Product Safety Commission, Bethesda, MD 20814 Phone: 301 504-7879 Email: bparisi@cpsc.gov RIN: 3041-AC35 _______________________________________________________________________ 3759. [bull] 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 Part 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, Bethesda, MD 20814 Phone: 301 504-7626 Email: jmullan@cpsc.gov RIN: 3041-AC40 _______________________________________________________________________ Consumer Product Safety Commission (CPSC) Completed Actions _______________________________________________________________________ 3760. PETITION CP 03-2 REQUESTING PERFORMANCE STANDARDS FOR A SYSTEM TO REDUCE OR PREVENT INJURIES FROM CONTACTING THE BLADE OF A TABLE SAW Priority: Substantive, Nonsignificant Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC 2051, Consumer Product Safety Act CFR Citation: None Legal Deadline: None Abstract: The Commission was petitioned to issue a rule prescribing performance standards for a system to reduce or prevent injuries from contacting the blade of a table saw. On June 28, 2006, the staff sent a briefing package to the Commission recommending that the petition be granted. On July 11, 2006, the Commission voted 2-1 to grant the petition and to publish an advance notice of proposed rulemaking (ANPRM). Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Petition Docketed 06/10/03 Notice 07/09/03 68 FR 40912 Comment Period Extended 09/05/03 68 FR 52753 Comment Period End 11/07/03 Staff Sends Briefing Package to Commission 06/28/06 Commission Decision 07/11/06 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None 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: cpaul@cpsc.gov RIN: 3041-AC19 _______________________________________________________________________ 3761. PETITION HP 05-1 REQUESTING AMENDMENT TO BAN ON INFANT PILLOWS Priority: Substantive, Nonsignificant Legal Authority: 5 USC 553, Administrative Procedure Act; 15 USC 1261, Federal Hazardous Substances Act CFR Citation: 16 CFR 1500.18(a)(16)(i) Legal Deadline: None Abstract: Boston Billows, Inc., requests that the Commission amend the ban on infant pillows under 16 CFR 1500.18(a)(16)(i) to permit the use of such infant pillows when the pillow is designed, intended, and promoted for a mother's use during nursing, and when such pillows are requested by a pediatrician or a board certified lactation consultant. The request was docketed as a petition for rulemaking on September 15, 2005. A notice requesting comment on the petition was published in the Federal Register on October 13, 2005. The comment period closed on December 12, 2005. On June 30, 2006, the staff sent a briefing package to the Commission for Commission consideration. On July 13, 2006, the Commission voted 3-0 to grant the petition to evaluate whether the Boston Billow nursing pillow and other infant cushions/pillows or pillow-like products could result in an amendment to the existing ban. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Petition Docketed 09/15/05 [[Page 74143]] Notice of Comment Period 10/13/05 70 FR 59726 Comment Period End 12/12/05 Staff Sends Briefing Package to Commission 06/30/06 Commission Decision 07/13/06 Regulatory Flexibility Analysis Required: No Government Levels Affected: None 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: swanna-nakamura@cpsc.gov RIN: 3041-AC29 _______________________________________________________________________ 3762. [bull] COMMISSION INVOLVEMENT IN VOLUNTARY STANDARDS Priority: Substantive, Nonsignificant Legal Authority: 5 USC 553, Administrative Procedure Act; 15 USC 2051, Consumer Product Safety Act CFR Citation: 16 CFR 1031 Legal Deadline: None Abstract: On July 10, 2006, the Commission issued a final rule revising Commission regulations governing employee involvement in voluntary standards activities. The revisions, approved unanimously by the Commission, reflect current agency practices and strengthen oversight of staff involvement in standards making activities. The revisions also codify existing procedures for Internet disclosure and public comment regarding standards activities in which Commission staff is actively involved. Because this rule related solely to rules of agency organization, procedure, and practice, pursuant to 5 USC 553(b), notice and other procedures were not required and the rule became effective immediately upon publication. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Final Rule 07/10/06 71 FR 38754 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Agency Contact: Barbara E. Parisi, Regulatory Affairs Attorney, Office of General Counsel, Consumer Product Safety Commission, Bethesda, MD 20814 Phone: 301 504-7879 Email: bparisi@cpsc.gov RIN: 3041-AC32 _______________________________________________________________________ 3763. [bull] SUBSTANTIAL PRODUCT HAZARD REPORTS Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2064(b), Consumer Product Safety Act CFR Citation: 16 CFR 1115 Legal Deadline: None Abstract: Section 15(b) of the Consumer Product Safety Act, 15 USC 2064(b), requires manufacturers, distributors and retailers of consumer products to report potential product hazards to the Consumer Product Safety Commission. On May 26, 2006, the Commission solicited comments on a notice of proposed revisions to its interpretive rules at 16 CFR part 1115 regarding reporting of substantial product hazards. The proposed revisions identified additional factors the Commission and staff consider when assessing whether or not a product is defective. The proposed revisions also clarified that compliance with voluntary and mandatory product safety standards may be considered by the Commission in making certain determinations under section 15. After considering the comments the Commission voted 2-1 to issue a final revised interpretive rule on July 25, 2006. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Notice of Proposed Revisions to Interpretive Rule 05/26/06 71 FR 30350 Comment Period End 06/26/06 Staff Sends Briefing Package to Commission 07/07/06 Commission Decision 07/13/06 Final Interpretive Rule 07/25/06 71 FR 42028 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Agency Contact: John Gibson Mullan, Assistant Executive Director, Compliance and Field Operations, Consumer Product Safety Commission, Bethesda, MD 20814 Phone: 301 504-7626 Email: jmullan@cpsc.gov RIN: 3041-AC39 [FR Doc. 06-7546 Filed 12-08-06; 8:45 am] BILLING CODE 6355-01-S