Consumer Product Safety Commission 2011 – Federal Register Recent Federal Regulation Documents
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Fire Pots and Gel Fuel; Advance Notice of Proposed Rulemaking; Request for Comments and Information
The Consumer Product Safety Commission (``the Commission,'' ``CPSC,'' or ``we'') has reason to believe that firepots and gel fuel used together may present an unreasonable risk of injury. As of September 30, 2011, the Commission is aware of 76 incidents that resulted in 2 deaths and 86 injuries involving firepots used with gel fuel. All of these incidents occurred between April 3, 2010 and September 1, 2011. Many of the injuries were severe; over half of the victims reportedly required hospitalization. This advance notice of proposed rulemaking (``ANPR'') initiates a rulemaking proceeding under the Consumer Product Safety Act (``CPSA''). We invite comments concerning the risk of injury associated with firepots, gel fuel and gel fuel containers, the regulatory alternatives discussed in this notice, and other possible ways to address this risk. We also invite interested persons to submit an existing standard or a statement of intent to modify or develop a voluntary standard to address the risk of injury described in this notice.
E & B Giftware LLC, Provisional Acceptance of a Settlement Agreement and Order
It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with E & B Giftware LLC, containing a civil penalty of $550,000.00, of which $50,000 shall be suspended, within twenty (20) days of service of the Commission's final Order accepting the Settlement Agreement.
Build-A-Bear Workshop, Inc., Provisional Acceptance of a Settlement Agreement and Order
It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Build-A-Bear Workshop, Inc., containing a civil penalty of $600,000.00.
Table Saw Blade Contact Injuries; Notice of Extension of Time for Comments
The Consumer Product Safety Commission (``CPSC'' or ``Commission'' or ``we'') is considering whether a new performance safety standard is needed to address an unreasonable risk of injury associated with table saws. We are conducting this proceeding under the authority of the Consumer Product Safety Act (``CPSA''), 15 U.S.C. 2051-2084. In the Federal Register of October 11, 2011 (76 FR 62678), we published an advance notice of proposed rulemaking (``ANPR''), inviting written comments concerning the risk of injury associated with table saw blade contact, regulatory alternatives, other possible means to address this risk, and other topics or issues. In response to a request from the Power Tool Institute, Inc., we are announcing an extension of the comment period for 60 days.
Notice of Teleconference of the Chronic Hazard Advisory Panel on Phthalates and Phthalate Substitutes
The Consumer Product Safety Commission (``CPSC'' or ``Commission'') is announcing a teleconference of the Chronic Hazard Advisory Panel (CHAP) on phthalates and phthalate substitutes. The Commission appointed this CHAP on April 14, 2010, to study the effects on children's health of all phthalates and phthalate alternatives, as used in children's toys and child care articles, pursuant to section 108 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) (Pub. L. 110-314). The CHAP will discuss its progress toward completing its analysis of potential risks from phthalates and phthalate substitutes.
Civil Penalties; Notice of Adjusted Maximum Amounts
In 1990, Congress enacted statutory amendments that provided for periodic adjustments to the maximum civil penalty amounts authorized under the Consumer Product Safety Act, the Federal Hazardous Substances Act, and the Flammable Fabrics Act. On August 14, 2009, the Consumer Product Safety Improvement Act of 2008 (CPSIA) increased the maximum civil penalty amounts to $100,000 for each violation and $15,000,000 for any related series of violations. The CPSIA also revised the starting date, from December 1, 1994 to December 1, 2011, on which the Commission must prescribe and publish in the Federal Register the schedule of maximum authorized penalties. As calculated in accordance with the amendments, the new amounts are $100,000 for each violation, and $15,150,000 for any related series of violations.
Petition Requesting Exception From Lead Content Limits
The Consumer Product Safety Commission (``Commission'' or ``CPSC'' or ``we'') has received a petition requesting an exception from the 100 ppm lead content limit under section 101(b) of the Consumer Product Safety Improvement Act of 2008 (``CPSIA''), as amended by Public Law 112-28. We invite written comments concerning the petition.
Testing and Labeling Pertaining to Product Certification Regarding Representative Samples for Periodic Testing of Children's Products
The Consumer Product Safety Commission (``CPSC,'' ``Commission,'' or ``we'') is proposing to amend its regulations on testing and labeling pertaining to product certification. The proposed rule would address the testing of representative samples to ensure continued compliance of children's products with all applicable rules, bans, standards, and regulations. The proposed rule also would establish a recordkeeping requirement associated with the testing of representative samples. We are taking this action to implement part of H.R. 2715 (Pub. L. 112-28).\1\
Testing and Labeling Pertaining to Product Certification
The Consumer Product Safety Commission (``CPSC,'' ``Commission,'' or ``we'') is issuing a final rule that establishes protocols and standards with respect to certification and continued testing for children's products. The final rule also establishes requirements for labeling of consumer products to show that the product complies with the certification requirements under section 14(a) of the Consumer Product Safety Act (``CPSA''). The final rule implements section 14(a)(2) and (i) of the CPSA, as amended by section 102(b) of the Consumer Product Safety Improvement Act of 2008 (``CPSIA'').
Conditions and Requirements for Relying on Component Part Testing or Certification, or Another Party's Finished Product Testing or Certification, to Meet Testing and Certification Requirements
The Consumer Product Safety Commission (``CPSC,'' ``Commission,'' or ``we'') is issuing a final rule regarding the conditions and requirements for relying on testing or certification of either component parts of consumer products, or another party's finished product, or both, to demonstrate, in whole or in part, compliance of a consumer product with all applicable rules, bans, standards, and regulations to support a children's product certificate (``CPC''); as part of the standards and protocols for continued testing of children's products; or to meet the requirements of any other rule, ban, standard, guidance, policy, or protocol regarding consumer product testing that does not already directly address component part testing.
Application of Third Party Testing Requirements; Reducing Third Party Testing Burdens
The Consumer Product Safety Commission staff (``CPSC,'' ``Commission,'' or ``we'') invites public comment on opportunities to reduce the cost of third party testing requirements consistent with assuring compliance with any applicable consumer product safety rule, ban, standard, or regulation. Third party testing requirements apply to most children's products that are subject to a children's product safety rule. We are taking this action pursuant to section 14(i)(3)(A) of the Consumer Product Safety Act (``CPSA''), as amended by H.R. 2715, Public Law 112-28.\1\
Spin Master, Inc. and Spin Master, Ltd., Provisional Acceptance of a Settlement Agreement and Order
It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Spin Master, Inc. and Spin Master, Ltd., containing a civil penalty of $1,300,000.00.
Review of Commission's Regulations; Request for Comments and Information
Consumer Product Safety Commission (``CPSC'' or ``we'') staff is considering the appropriate process and substance of a plan to review existing CPSC regulations. CPSC has conducted reviews of rules in the past and intends to build on that experience to develop a plan of review that also satisfies recent direction from President Obama, set forth in Executive Order 13579, ``Regulation and Independent Regulatory Agencies'' (76 FR 41587 (July 14, 2011)), which states that independent regulatory agencies should follow certain key principles when developing new regulations and should review existing significant regulations. To that end, Executive Order 13579 (``E.O. 13579'') emphasizes the importance of retrospective analysis of rules and the need to develop a plan under which the agency will conduct periodic reviews of existing regulations. We invite comments on the issues discussed in this document to help us formulate a plan that builds on our past review efforts while incorporating the principles outlined in E.O. 13579.
Petition Requesting Non-See-Through Packaging for Torch Fuel and Lamp Oil
The U.S. Consumer Product Safety Commission (``Commission'' or ``we'') has received a petition (PP 11-1) requesting that the Commission initiate rulemaking to require special packaging for torch fuel and lamp oil to make it impossible to see the product when it is in the container. We are announcing a reopening of the comment period for 30 days.
Henry Gordy International, Inc., Provisional Acceptance of a Settlement Agreement and Order
It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Henry Gordy International, Inc., containing a civil penalty of $1,100,000.00.
Notice of Meeting of Chronic Hazard Advisory Panel on Phthalates and Phthalate Substitutes
The U.S. Consumer Product Safety Commission (``CPSC'' or ``Commission'') announces the sixth meeting of the Chronic Hazard Advisory Panel (CHAP) on phthalates and phthalate substitutes. The Commission appointed this CHAP to study the effects on children's health of all phthalates and phthalate alternatives as used in children's toys and child care articles, pursuant to section 108 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) (Pub. L. 110- 314).
Table Saw Blade Contact Injuries; Advance Notice of Proposed Rulemaking; Request for Comments and Information
The Consumer Product Safety Commission (``CPSC'' or ``Commission'' or ``we'') is considering whether a new performance safety standard is needed to address an unreasonable risk of injury associated with table saws. We are conducting this proceeding under the authority of the Consumer Product Safety Act (``CPSA''), 15 U.S.C. 2051-2084. This advance notice of proposed rulemaking (``ANPR'') invites written comments from interested persons concerning the risk of injury associated with table saw blade contact, the regulatory alternatives discussed in this notice, other possible means to address this risk, and the economic impacts of the various alternatives. We also invite interested persons to submit an existing standard, or a statement of intent to modify or develop a voluntary standard, to address the risks of injury described in this ANPR.\1\
Nordica USA, Provisional Acceptance of a Settlement Agreement and Order
It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Nordica USA, containing a civil penalty of $214,000.00.
Virginia Graeme Baker Pool and Spa Safety Act; Interpretation of Unblockable Drain
The Consumer Product Safety Commission (``Commission,'' ``CPSC'' or ``we'') is revoking its interpretation of the term ``unblockable drain'' as used in the Virginia Graeme Baker Pool and Spa Safety Act (``VGB Act'').\1\
Alternative Testing Requirements for Small Batch Manufacturers
Section 14(i)(4)(A)(i) of the Consumer Product Safety Act, 15 U.S.C. 2063(i)(4)(A)(i), provides that the Commission, in implementing third party testing requirements, under certain circumstances, may allow small batch manufacturers to use alternative testing requirements in lieu of testing prescribed in an applicable consumer product safety rule, ban, standard, or regulation. If, however, the Commission determines that no alternative testing requirement is available or economically practicable, it shall exempt eligible small batch manufacturers from third party testing requirements. Through this notice, the Commission is announcing that it will conduct a public hearing to receive views from all interested parties about whether such alternative testing requirements are available or economically practicable or, in the absence of economically practicable alternatives, whether an exemption from third party testing is appropriate.
Standard for the Flammability of Mattresses and Mattress Pads; Technical Amendment
The Consumer Product Safety Commission (``CPSC,'' ``Commission,'' or ``we'') is amending its standard for the flammability of mattresses and mattress pads to revise the ignition source specification in that standard.\1\ The ignition source cigarette specified for use in the mattress standard's performance tests is no longer produced. The Commission is requiring a standard reference material cigarette, which was developed by the National Institute of Standards and Technology, as the ignition source for testing to the mattress standard.
Bad Boy Enterprises, LLC, Provisional Acceptance of a Settlement Agreement and Order
It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Bad Boy Enterprises, LLC, containing a civil penalty of $715,000.00.
Safety Standard for Play Yards
Section 104(b) of the Consumer Product Safety Improvement Act of 2008 (``CPSIA'') requires the United States Consumer Product Safety Commission (``Commission,'' ``CPSC,'' or ``we'') to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be ``substantially the same as'' applicable voluntary standards or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. The Commission is proposing a safety standard for play yards in response to the direction under Section 104(b) of the CPSIA.
Petition Requesting Regulations Restricting Cadmium in Children's Products
The Consumer Product Safety Commission (``Commission'' or ``CPSC'' or ``we'') has received a petition requesting standards restricting cadmium in children's products, especially toy metal jewelry. On September 6, 2011, the Commission granted the petition and directed CPSC staff to begin drafting a proposed rule unless a voluntary standard for cadmium in children's jewelry is published by ASTM International, Inc. (``ASTM'') within three months after September 16, 2011. If a voluntary standard for cadmium in children's jewelry is published by ASTM within this timeframe, then CPSC staff is directed to assess the adequacy of the voluntary standard and whether there is substantial compliance with the voluntary standard and based on these assessments make a recommendation on the disposition of this petition within nine months after September 16, 2011. In addition, the Commission granted the petition and directed CPSC staff to begin drafting a proposed rule unless a voluntary standard for cadmium in children's toy jewelry is published by ASTM within three months after September 16, 2011. If a voluntary standard for cadmium in children's toy jewelry is published by ASTM within this timeframe, then CPSC staff is directed to assess the adequacy of the voluntary standard and whether there is substantial compliance with the voluntary standard and based on these assessments make a recommendation on the disposition of this petition within nine months after September 16, 2011.
Notice of Teleconference of the Chronic Hazard Advisory Panel on Phthalates and Phthalate Substitutes
The U.S. Consumer Product Safety Commission (``CPSC'' or ``Commission'') is announcing a teleconference of the Chronic Hazard Advisory Panel (CHAP) on phthalates and phthalate substitutes. The Commission appointed this CHAP to study the effects on children's health of all phthalates and phthalate alternatives as used in children's toys and child care articles, pursuant to section 108 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) (Pub. L. 110- 314). The CHAP will discuss its progress toward completing its analysis of potential risks from phthalates and phthalate substitutes.
Sunsations Inc., Provisional Acceptance of a Settlement Agreement and Order
It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Sunsations Inc., containing a civil penalty of $60,000.00.
Toy Safety Standard: Strategic Outreach and Education Plan
The Consumer Product Safety Commission (``CPSC,'' ``Commission,'' or ``we'') is announcing the development of a strategic outreach and education plan to help the business community and other stakeholders learn about testing and certification requirements for children's toys and toy chests and their compliance with ASTM International's (formerly the American Society for Testing and Materials) (``ASTM'') Standard Consumer Safety Specification for Toy Safety, F 963-08 (``ASTM F 963-08''), and section 4.27 (toy chests) from ASTM International's F 963-07[egr]1 version of the standard (``ASTM F 963-07[egr]1''). We describe the plan and invite public comment on how we might improve the plan.
Third Party Testing for Certain Children's Products; Toys: Requirements for Accreditation of Third Party Conformity Assessment Bodies
The Consumer Product Safety Commission (``CPSC,'' ``Commission,'' or ``we'') is issuing a notice of requirements that provides the criteria and process for Commission acceptance of accreditation of third party conformity assessment bodies for testing, pursuant to ASTM International's (formerly the American Society for Testing and Materials) (``ASTM'') Standard Consumer Safety Specification for Toy Safety, F 963-08 (``ASTM F 963-08''), and section 4.27 (toy chests) from ASTM International's F 963-07e1 version of the standard (``ASTM F 963-07e1''), which are the consumer product safety standards for toys, pursuant to section 106 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), Public Law 110-314. The Commission is issuing this notice of requirements pursuant to section 14(a)(3)(B)(vi) of the Consumer Product Safety Act (CPSA) (15 U.S.C. 2063(a)(3)(B)(vi)).
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