[December 13, 2004 (Volume 69, Number 238)] [Unified Agenda] From the Federal Register Online via GPO Access [frwais.access.gpo.gov] [DOCID: f:ua041248.wais] [Page 74100-74107] Consumer Product Safety Commission ----------------------------------------------------------------------- Part XLVIII ----------------------------------------------------------------------- Semiannual Regulatory Agenda [[Page 74100]] 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 22, 2004. ADDRESSES: Comments on the regulatory flexibility agenda should be mailed to the Office of the Secretary, Consumer Product Safety Commission, Washington, DC 20207-0001; telephone (301) 504-7923, or delivered to the Office of the Secretary, Room 502, 4330 East-West Highway, Bethesda, Maryland 20814-4408. 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 Lowell Martin, Office of the General Counsel, Consumer Product Safety Commission, Washington, DC 20207-0001, telephone (301) 504-7628. For further information regarding a particular item on the agenda, consult the individual listed in the column headed ``Contact'' for that particular item. SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) contains several provisions intended to reduce unnecessary and disproportionate regulatory requirements on small businesses, small governmental organizations, and other small entities. Section 602 of the RFA (5 U.S.C. 602) requires each agency to publish twice each year a regulatory flexibility agenda containing a brief description of the subject area of any rule expected to be proposed or promulgated that is likely to have a ``significant economic impact'' on a ``substantial number'' of small entities. The agency must also provide a summary of the nature of the rule, and a schedule for acting on each rule for which the agency has issued a notice of proposed rulemaking. The regulatory flexibility agenda is also required to contain the name and address of the agency official knowledgeable about the items listed. Further, agencies are required to provide notice of their agendas to small entities and to solicit their comments by direct notification, or by inclusion in publications likely to be obtained by such entities. Additionally, Executive Order 12866 requires each agency to publish twice each year a regulatory agenda of regulations under development or review during the next year, and states that such an agenda may be combined with the agenda published in accordance with the RFA. The regulatory flexibility agenda published below lists the regulatory activities expected to be under development or review during the next 12 months. It includes all such activities, whether or not they may have a significant economic impact on a substantial number of small entities. This agenda also includes regulatory activities that appeared in the spring 2004 agenda that have been completed by the Commission prior to publication of this agenda. The agenda contains a brief description and summary of each regulatory activity, including the objectives and legal basis for each; an approximate schedule of target dates, subject to revision, for the development or completion of each activity, and the name and telephone number of a knowledgeable agency official concerning particular items on the agenda. All agency contacts have the same address: Consumer Product Safety Commission, Washington, DC 20207- 0001. For this edition of the Consumer Product Safety Commission's regulatory agenda, the most significant regulatory actions are included in The Regulatory Plan, which appears in part II of this issue of the Federal Register. The Regulatory Plan entries are listed in the table of contents below and are denoted by a bracketed bold reference, which directs the reader to the appropriate sequence in part II. Dated: September 23, 2004. Todd Stevenson, Secretary, Consumer Product Safety Commission. Consumer Product Safety Commission--Prerule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3813 Possible Special Packaging Standard for Household Products Containing Hydroxides...... 3041-AC12 3814 Petition PP 03-1 Requesting an Amendment to Child-Resistance Testing Pass/Fail 3041-AC17 Criterion for Unit Dose Packaging..................................................... 3815 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..................................... ---------------------------------------------------------------------------------------------------------------- [[Page 74101]] Consumer Product Safety Commission--Proposed Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3816 Flammability Standard for Upholstered Furniture (Reg Plan Seq No. 169)................ 3041-AB35 3817 Proposed Standard To Address Open-Flame Ignition of Mattresses/Bedding (Reg Plan Seq 3041-AC02 No. 170).............................................................................. ---------------------------------------------------------------------------------------------------------------- References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register. Consumer Product Safety Commission--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3818 Amendment of Safety Regulations for Cribs............................................. 3041-AB67 3819 Amendment of the Standard for the Flammability of Clothing Textiles................... 3041-AB68 3820 Portable Bed Rails.................................................................... 3041-AB91 3821 Petition CP 02-01 Requesting a Rule Adopting ASTM F400, Safety Standard for Lighters 3041-AC01 as a Consumer Product Safety Standard................................................. 3822 Proposed Rule on Baby Bath Seats...................................................... 3041-AC03 3823 Test Method for Determining Applicability of Cautionary Labeling and Child-Resistant 3041-AC05 Packaging to Hydrocarbon-Containing Products in Spray Packaging....................... 3824 Petition CP 03-1/HP 03-1 Requesting a Standard for Bunk Bed Corner Posts.............. 3041-AC10 3825 Petition CP 02-4/HP 02-1 Requesting a Ban of All-Terrain Vehicles That Are Sold for 3041-AC11 the Use of Children Under 16 Years Old................................................ 3826 Petition CP 04-1/HP 04-1 Requesting Mandatory Fire Safety Standards for Candles and 3041-AC22 Candle Accessories.................................................................... 3827 Petition HP 04-2 Requesting a Ban of Sulfuric Acid Drain Openers for Consumer Use..... 3041-AC23 ---------------------------------------------------------------------------------------------------------------- Consumer Product Safety Commission--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 3828 Petition CP 02-3 Requesting a Standard for Hunting Tree Stands and a Ban of Waist Belt 3041-AC07 Restraints Used With Hunting Tree Stands.............................................. 3829 Petition CP 03-3 Requesting the Labeling of Weightlifting Bench Press Benches To 3041-AC18 Reduce or Prevent Deaths Due to Asphyxia/Anoxia....................................... 3830 Protection of Human Subjects; Technical Amendments.................................... 3041-AC21 ---------------------------------------------------------------------------------------------------------------- _______________________________________________________________________ Consumer Product Safety Commission (CPSC) Prerule Stage _______________________________________________________________________ 3813. POSSIBLE SPECIAL PACKAGING STANDARD FOR HOUSEHOLD PRODUCTS CONTAINING HYDROXIDES Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 15 USC 1471, Poison Prevention Packaging Act; 15 USC 1261(p), Federal Hazardous Substances Act CFR Citation: Not Yet Determined Legal Deadline: None Abstract: Sodium and potassium hydroxide are caustic substances found in many household products. In addition to sodium and potassium hydroxide, other hydroxides, such as calcium, lithium, and ammonium hydroxide are also found in consumer products. There are numerous reports of injuries, ranging from minor irritation to second degree burns of the oral cavity, esophagus, eyes, and skin resulting from exposure to these products. Because of the potential for injury to children, household substances in dry forms containing 10 percent or more by weight of free or chemically unneutralized sodium and/or potassium hydroxide, and all other household substances containing 2 percent or more by weight of free or chemically unneutralized sodium and/or potassium hydroxide currently require child-resistant packaging under the Poison Prevention Packaging Act. Based upon new injury and toxicity information, the staff is considering whether to recommend: (1) requiring special packaging for all hydroxides, and (2) decreasing the percentage of hydroxide for special packaging to be required. The staff is preparing a briefing package for Commission consideration. [[Page 74102]] Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Staff Sends Briefing Package to Commission 12/00/04 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: John W. Boja, Ph.D., Project Manager, Consumer Product Safety Commission, Directorate for Health Sciences, Washington, DC 20207 Phone: 301 504-7300 Email: jboja@cpsc.gov RIN: 3041-AC12 _______________________________________________________________________ 3814. PETITION PP 03-1 REQUESTING AN AMENDMENT TO CHILD-RESISTANCE TESTING PASS/FAIL CRITERION FOR UNIT DOSE PACKAGING Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC 1471, Poison Prevention Packaging Act CFR Citation: Not Yet Determined Legal Deadline: None Abstract: The Healthcare Compliance Packaging Council (HCPC) requests that the Commission amend the regulatory definition of a child- resistance test failure for unit dose, i.e., nonreclosable, packaging under the Poison Prevention Packaging Act, 15 U.S.C. 1471-1476. Specifically, the HCPC requests that the Commission eliminate the current criterion related to the toxicity of the substance to be packaged and define a unit dose packaging failure to be a child gaining access to more than eight individual unit doses. The staff reviewed available information and the 28 comments received and is preparing a briefing package for consideration by the Commission. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Petition Docketed 05/12/03 Notice 06/16/03 68 FR 35614 Comment Period End 08/15/03 Staff Sends Briefing Package to Commission 11/19/04 Commission Decision To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Suzanne Barone, Ph.D., Project Manager, Consumer Product Safety Commission, Directorate for Health Sciences, Washington, DC 20207 Phone: 301 504-7256 Email: sbarone@cpsc.gov RIN: 3041-AC17 _______________________________________________________________________ 3815. PETITION CP 03-2 REQUESTING PERFORMANCE STANDARDS FOR A SYSTEM TO REDUCE OR PREVENT INJURIES FROM CONTACTING THE BLADE OF A TABLE SAW Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC 2051, Consumer Product Safety Act CFR Citation: Not Yet Determined Legal Deadline: None Abstract: Messrs. Fanning, Fulmer, and Gass, et al., petitioned the Commission to issue a rule prescribing performance standards for a system to reduce or prevent injuries from contacting the blade of a table saw. The staff is reviewing comments received and preparing a briefing package for consideration by the Commission. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Petition Docketed 06/10/03 Notice 07/09/03 68 FR 40912 Comment Period Extended 09/05/03 68 FR 52753 Comment Period End 11/07/03 Staff Sends Briefing Package to Commission 12/00/04 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Federalism: Undetermined Agency Contact: Caroleene Paul, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, Washington, DC 20207 Phone: 301 504-7540 Email: cpaul@cpsc.gov RIN: 3041-AC19 _______________________________________________________________________ Consumer Product Safety Commission (CPSC) Proposed Rule Stage _______________________________________________________________________ 3816. FLAMMABILITY STANDARD FOR UPHOLSTERED FURNITURE Regulatory Plan: This entry is Seq. No. 169 in part II of this issue of the Federal Register. RIN: 3041-AB35 _______________________________________________________________________ 3817. PROPOSED STANDARD TO ADDRESS OPEN-FLAME IGNITION OF MATTRESSES/ BEDDING Regulatory Plan: This entry is Seq. No. 170 in part II of this issue of the Federal Register. RIN: 3041-AC02 [[Page 74103]] _______________________________________________________________________ Consumer Product Safety Commission (CPSC) Long-Term Actions _______________________________________________________________________ 3818. 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 consider written comments received in response to the ANPRM, and assess the adequacy of and conformance with the voluntary standard before deciding whether to continue the proceeding by publication of a notice of proposed rulemaking, or terminate further proceedings. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Staff Recommended Revisions to Voluntary Standard 09/30/96 ANPRM 12/16/96 61 FR 65996 ANPRM Comment Period End 02/14/97 Revisions to Voluntary Standard Approved 04/10/99 Voluntary Certification Program Begins 03/01/00 Staff Began Monitoring Adequacy of and Conformance with Revised Voluntary Standard 03/27/01 Staff Completes Monitoring Adequacy and Conformance To Be Determined Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Patricia L. Hackett, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, Washington, DC 20207 Phone: 301 504-7577 Email: phackett@cpsc.gov RIN: 3041-AB67 _______________________________________________________________________ 3819. 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 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, Washington, DC 20207 Phone: 301 504-7536 Email: padair@cpsc.gov RIN: 3041-AB68 _______________________________________________________________________ 3820. PORTABLE BED RAILS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 15 USC 1261, Federal Hazardous Substances Act CFR Citation: Not Yet Determined Legal Deadline: None Abstract: The Commission is considering whether certain portable bed rails present an unreasonable risk of injury that should be regulated. A portable bed rail is a device intended to be installed on an adult bed to prevent a child from falling out of the bed. Such bed rails may be constructed in a manner that allows children to become entrapped between the portable bed rail and the bed. This entrapment can result in serious injury or death. In October 2000, the Commission issued an advance notice of proposed rulemaking addressing this issue. The ASTM standard for bed rails has since been revised and staff will evaluate the [[Page 74104]] 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 To Be Determined Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Agency Contact: Patricia L. Hackett, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, Washington, DC 20207 Phone: 301 504-7577 Email: phackett@cpsc.gov RIN: 3041-AB91 _______________________________________________________________________ 3821. PETITION CP 02-01 REQUESTING A 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 Lighter Association submitted supplemental information in support of the petition on November 19, 2002. The staff reviewed available information and sent a briefing package to the Commission on May 27, 2004. The Commission held a public meeting on the petition on September 14, 2004. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Petition Docketed 12/26/01 Notice 01/17/02 67 FR 2420 Comment Period End 03/18/02 Staff Sent Briefing Package to Commission 05/27/04 Notice of September 14 Public Meeting 08/16/04 69 FR 50363 Public Meeting on Petition 09/14/04 Commission Decision 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, Washington, DC 20207 Phone: 301 504-7546 Email: rkhanna@cpsc.gov RIN: 3041-AC01 _______________________________________________________________________ 3822. 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 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 conformance to a revised voluntary standard for bath seats (ASTMF 1967-04), which was approved in July 2004. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ ANPRM 08/01/01 66 FR 39692 ANPRM Comment Period End 10/01/01 Staff Sends Briefing Package to Commission 05/08/03 Staff Briefed Commission 07/28/03 Hearing 07/28/03 Commission Decision 10/16/03 NPRM 12/29/03 68 FR 74878 NPRM Comment Period End 03/15/04 Staff Evaluates Conformance to Voluntary Standard To Be Determined Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Federalism: Undetermined Agency Contact: Patricia L. Hackett, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, Washington, DC 20207 Phone: 301 504-7577 Email: phackett@cpsc.gov Related RIN: Related to 3041-AB93 RIN: 3041-AC03 [[Page 74105]] _______________________________________________________________________ 3823. TEST METHOD FOR DETERMINING APPLICABILITY OF CAUTIONARY LABELING AND CHILD-RESISTANT PACKAGING TO HYDROCARBON-CONTAINING PRODUCTS IN SPRAY PACKAGING Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 15 USC 1471, Poison Prevention Packaging Act; 15 USC 1261(p), Federal Hazardous Substances Act CFR Citation: Not Yet Determined Legal Deadline: None Abstract: On January 3, 2000, CPSC issued a notice of proposed rulemaking under the Poison Prevention Packaging Act (PPPA) to require child-resistant packaging of prepackaged products that contain liquid hydrocarbons of low viscosity, including aerosol/trigger/pump packaged products (spray products) that expel product in a stream. The final rule issued on October 25, 2001, covered liquid hydrocarbon-containing products other than these spray products. Under current CPSC guidance, special cautionary labeling under the Federal Hazardous Substances Act (FHSA) would also be required for most hydrocarbon-containing spray products that expel product as a stream. The staff has now developed a quantitative test method to identify those hydrocarbon-containing spray products that pose an aspiration hazard. The staff is preparing a briefing package for the Commission's consideration that may recommend using this test method to determine applicability of the FHSA special cautionary labeling and PPPA child- resistant packaging requirements to spray products that expel product in a stream. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM 01/03/00 65 FR 93 NPRM Comment Period End 03/20/00 Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Agency Contact: Suzanne Barone, Ph.D., Project Manager, Consumer Product Safety Commission, Directorate for Health Sciences, Washington, DC 20207 Phone: 301 504-7256 Email: sbarone@cpsc.gov Related RIN: Related to 3041-AB57 RIN: 3041-AC05 _______________________________________________________________________ 3824. 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. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Petition Docketed 10/23/02 Notice 11/08/02 67 FR 68107 Comment Period End 01/07/03 Staff Sends Briefing Package to Commission 04/13/04 Commission Votes To Defer Action07/30/04 Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Agency Contact: Debra L. Ascone, Project Manager, Consumer Product Safety Commission, Directorate for Epidemiology, Washington, DC 20207 Phone: 301 504-7403 Email: dascone@cpsc.gov RIN: 3041-AC10 _______________________________________________________________________ 3825. PETITION CP 02-4/HP 02-1 REQUESTING A BAN OF ALL-TERRAIN VEHICLES THAT ARE SOLD FOR THE USE OF CHILDREN UNDER 16 YEARS OLD Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC 2056, Consumer Product Safety Act; 15 USC 1261, Federal Hazardous Substances Act CFR Citation: Not Yet Determined Legal Deadline: None Abstract: A petition from the Consumer Federation of America and several other groups requests that the Commission ban adult-sized four- wheel, all-terrain vehicles (ATVs) that are sold for the use of children under age 16. The petitioners assert that these ATVs pose an unreasonable risk of injury and death to children. In January 2003, the Commission released a risk analysis of ATV use. The Commission held a public hearing on June 5, 2003, in Morgantown, WV. The staff is reviewing available information and preparing a briefing package for Commission consideration. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Petition Docketed 09/26/02 Notice 10/18/02 67 FR 64353 Comment Period End 12/17/02 Comment Period Extended 12/26/02 67 FR 78776 Comment Period End 03/16/03 Notice of Public Hearing 04/23/03 68 FR 19975 Public Hearing 06/05/03 Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined [[Page 74106]] Agency Contact: Elizabeth W. Leland, Project Manager, Consumer Product Safety Commission, Directorate for Economic Analysis, Washington, DC 20207 Phone: 301 504-7706 Email: eleland@cpsc.gov RIN: 3041-AC11 _______________________________________________________________________ 3826. PETITION CP 04-1/HP 04-1 REQUESTING MANDATORY FIRE SAFETY STANDARDS FOR CANDLES AND CANDLE ACCESSORIES Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC 2051, Consumer Product Safety Act; 15 USC 1261, Federal Hazardous Substances Act CFR Citation: Not Yet Determined Legal Deadline: None Abstract: The National Association of State Fire Marshals requests that the Commission issue mandatory safety standards for candles and candle accessories such as candleholders. The request was docketed as a petition for rulemaking on March 10, 2004. A notice requesting comment on the petition was published in the Federal Register on April 6, 2004. The comment period closed on June 7, 2004. CPSC staff will prepare a briefing package for Commission consideration as to whether to grant, deny, or defer action on the petition. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Petition Docketed 03/10/04 Notice 04/06/04 69 FR 18059 Comment Period End 06/07/04 Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Federalism: Undetermined Agency Contact: Allyson Tenney, Project Manager, Directorate for Engineering Sciences, Consumer Product Safety Commission, Washington, DC 20207 Phone: 301 504-7567 Email: atenney@cpsc.gov RIN: 3041-AC22 _______________________________________________________________________ 3827. PETITION HP 04-2 REQUESTING A BAN OF SULFURIC ACID DRAIN OPENERS FOR CONSUMER USE Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 5 USC 553(e), Administrative Procedure Act; 15 USC 1261, Federal Hazardous Substances Act CFR Citation: Not Yet Determined Legal Deadline: None Abstract: Mr. Michael Fox requests that the Commission issue a ban on sulfuric acid drain openers (SADOs) for use by consumers or, in the alternative, that the Commission require that SADOs for consumers ``be packaged in one-shot containers'' and be limited to a maximum sulfuric acid concentration of 84 percent. The request was docketed as a petition for rulemaking on April 1, 2004. A notice requesting comment on the petition was published in the Federal Register on May 5, 2004. The comment period closed on July 6, 2004. CPSC staff will prepare a briefing package for Commission consideration as to whether to grant, deny, or defer action on the petition. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Petition Docketed 04/01/04 Notice 05/05/04 69 FR 25069 Comment Period End 07/06/04 Staff Sends Briefing Package to Commission To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Federalism: Undetermined Agency Contact: Kristina Hatlelid, Ph.D., Project Manager, Consumer Product Safety Commission, Directorate for Health Sciences, Washington, DC 20207 Phone: 301 504-7254 Email: khatlelid@cpsc.gov RIN: 3041-AC23 _______________________________________________________________________ Consumer Product Safety Commission (CPSC) Completed Actions _______________________________________________________________________ 3828. PETITION CP 02-3 REQUESTING A STANDARD FOR HUNTING TREE STANDS AND A BAN OF WAIST BELT RESTRAINTS USED WITH HUNTING TREE STANDS Priority: Substantive, Nonsignificant 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, Ph.D. 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 sent a briefing package to the Commission on May 21, 2004. The Commission voted 2-1 to deny the petition on June 22, 2004. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Petition Docketed 04/15/02 Notice 05/01/02 67 FR 21640 Comment Period End 07/01/02 Staff Sent Briefing Package to Commission 05/21/04 Commission Decision 06/22/04 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: Mark Kumagai, Project Manager, Consumer Product Safety Commission, Directorate for Engineering Sciences, Washington, DC 20207 Phone: 301 504-7532 [[Page 74107]] Email: mkumagai@cpsc.gov RIN: 3041-AC07 _______________________________________________________________________ 3829. PETITION CP 03-3 REQUESTING THE LABELING OF WEIGHTLIFTING BENCH PRESS BENCHES TO REDUCE OR PREVENT DEATHS DUE TO ASPHYXIA/ANOXIA 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: V. Patteson Lombardi, Ph.D., requests that the Commission issue a rule requiring a warning label on both uprights of weightlifting bench press benches. He asserts that the labeling is necessary to reduce or eliminate deaths due to asphyxia/anoxia caused by being trapped under a bench press barbell. The staff reviewed available information and sent a briefing package to the Commission on May 13, 2004. The Commission voted to deny the petition on June 22, 2004. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Petition Docketed 06/24/03 Notice 07/18/03 68 FR 42692 Comment Period End 09/16/03 Staff Sent Briefing Package to Commission 05/13/04 Commission Decision 06/22/04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Agency Contact: Timothy P. Smith, Project Manager, Consumer Product Safety Commission, Division of Human Factors, Directorate for Engineering Sciences, Washington, DC 20207 Phone: 301 504-7691 Email: tsmith@cpsc.gov RIN: 3041-AC18 _______________________________________________________________________ 3830. PROTECTION OF HUMAN SUBJECTS; TECHNICAL AMENDMENTS Priority: Substantive, Nonsignificant Legal Authority: 5 USC 301; 42 USC 300v, President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavior Research CFR Citation: 16 CFR 1028 Legal Deadline: None Abstract: On July 12, 2004, the Commission voted to amend its regulations at 16 CFR part 1028 on protection of human subjects to make minor technical corrections. The corrections are necessary to reflect a reorganization at the Department of Health and Human Services (HHS) and to change a footnote to reflect changes already made by HHS to its regulations on protection of human subjects. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ Staff Sent Briefing Package to Commission 06/29/04 Commission Decision 07/12/04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Agency Contact: Lori E. Saltzman, M.S., Chair, CPSC's Human Subjects Committee, Consumer Product Safety Commission, Directorate for Health Sciences, Washington, DC 20207 Phone: 301 504-7238 Email: lsaltzman@cpsc.gov RIN: 3041-AC21 [FR Doc. 04-22125 Filed 12-10-04; 8:45 am] BILLING CODE 6355-01-S