Consumer Product Safety Commission – Federal Register Recent Federal Regulation Documents

On May 13, 2008, the staff of the Consumer Product Safety Commission (Commission or CPSC) will hold a one-day roundtable on understanding the pending lead legislation and the use of lead in consumer products.

The Commission is amending its flammability standard for general wearing apparel, the Standard for the Flammability of Clothing Textiles, 16 CFR part 1610. The Standard, originally issued in 1953, has become outdated in several respects. The revisions better reflect current consumer practices and technologies and clarify several aspects of the Standard.

The Consumer Product Safety Commission (``Commission'') is making corrections to the flammability standard for mattress sets that was published in the Federal Register of March 15, 2006, (71 FR 13472). The corrections rectify typographical errors, clarify technical aspects of running the flammability test required by the standard, and clarify that the certification statement on the mattress set label may appear in another language in addition to English.

The Consumer Product Safety Commission (CPSC or Commission) is publishing notice of the deletion of five systems of records and the addition of one new system of records, CPSC-23, Equal Employment Opportunity (EEO) Disability/Accommodation Files. Comments on the new system of records must be received on or before February 19, 2008.

The Commission is amending the flammability standards for carpets and rugs to remove the reference to Eli Lilly Company Product No. 1588 in Catalog No. 79, December 1, 1969, as the standard ignition source and provide a technical specification defining the ignition source. The specification for the standard ignition source is a timed burning tablet, consisting of essentially pure methenamine, with a nominal heat of combustion value of 7180 calories/gram, a mass of 150 mg +/-5 mg, flat, and a nominal diameter of 6 mm. The amendment has an immediate effective date.

The Consumer Product Safety Commission is amending 16 CFR part 1211, Safety Standard for Automatic Residential Garage Door Operators, to reflect changes made by Underwriters Laboratories, Inc. in its standard UL 325.

The staff of the Consumer Product Safety Commission (Commission or CPSC) is requesting interested parties to comment about the CPSC's agenda and priorities for Commission attention during fiscal year 2009, which begins October 1, 2008, and about revisions to its current strategic plan, the revised version of which will be submitted to Congress in the fall of 2007 pursuant to the Government Performance and Results Act (GPRA). Written comments concerning the Commission's agenda and priorities for fiscal year 2009 and revisions to the strategic plan become part of the public record.

In the February 12, 2007 Federal Register (72 FR 6533), the Consumer Product Safety Commission (CPSC or Commission) published a notice in accordance with provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) to announce the agency's intention to seek an extension of approval of information collection requirements in the safety regulations for full-size cribs. 16 CFR 1500.18(a)(13) and part 1508. Joint comments in support of the information collection were submitted by the Consumer Federation of America, Consumers Union, Kids in Danger and Keeping Babies Safe, Inc. Commentors state that the ability of the Commission to better communicate news of recalls to retailers and individuals is critical to removing potentially dangerous cribs and the continued collection of information may assist in that effort. The Commission now announces that it is submitting to the Office of Management and Budget (OMB) a request for extension of approval of that collection of information. These regulations were issued to reduce hazards of strangulation, suffocation, pinching, bruising, laceration, and other injuries associated with full-size cribs. The regulations prescribe performance, design, and labeling requirements for full-size cribs. They also require manufacturers and importers of those products to maintain sales records for a period of three years after the manufacture or importation of full-size cribs. If any full-size cribs subject to provisions of 16 CFR 1500.18(a)(13) and part 1508 fail to comply in a manner severe enough to warrant a recall, the required records can be used by the manufacturer or importer and by the Commission to identify those persons and firms who should be notified of the recall. OMB previously approved the collection of information under control number 3041-0013. OMB's most recent extension of approval will expire on September 30, 2007.

In the February 12, 2007 Federal Register (72 FR 6535), the Consumer Product Safety Commission (CPSC or Commission) published a notice in accordance with provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) to announce the agency's intention to seek an extension of approval of information collection requirements in the safety regulations for non-full-size cribs. 16 CFR 1500.18(a)(14) and part 1509. Joint comments in support of the information collection were submitted by the Consumer Federation of America, Consumers Union, Kids in Danger and Keeping Babies Safe, Inc. Commentors state that the ability of the Commission to better communicate news of recalls to retailers and individuals is critical to removing potentially dangerous cribs and the continued collection of information may assist in that effort. The Commission now announces that it is submitting to the Office of Management and Budget (OMB) a request for extension of approval of that collection of information. These regulations were issued to reduce hazards of strangulation, suffocation, pinching, bruising, laceration, and other injuries associated with non-full-size cribs. The regulations prescribe performance, design, and labeling requirements for non-full-size cribs. They also require manufacturers and importers of those products to maintain sales records for a period of three years after the manufacture or importation of non-full-size cribs. If any non-full-size cribs subject to provisions of 16 CFR 1500.18(a)(14) and part 1509 fail to comply in a manner severe enough to warrant a recall, the required records can be used by the manufacturer or importer and by the Commission to identify those persons and firms who should be notified of the recall. OMB previously approved the collection of information under control number 3041-0012. OMB's most recent extension of approval will expire on September 30, 2007.

In the March 1, 2007 Federal Register (72 FR 9310), the Consumer Product Safety Commission (CPSC or Commission) published a notice in accordance with provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) to announce the agency's intention to seek extension of approval of the collection of information in the Safety Standard for Multi-Purpose Lighters. 16 CFR part 1212. No comments were received in response to the notice. The Commission now announces that it is submitting to the Office of Management and Budget (OMB) a request for extension of approval of that collection of information for a period of three years from the date of approval. Section 14(a) of the Consumer Product Safety Act (CPSA) (15 U.S.C. 2063(a)) requires manufacturers, importers, and private labelers of a consumer product subject to a consumer product safety standard to issue a certificate stating that the product complies with all applicable consumer product safety standards. Section 14(a) of the CPSA also requires that the certificate of compliance must be based on a test of each product or upon a reasonable testing program. Section 14(b) of the CPSA authorizes the Commission to issue regulations to prescribe a reasonable testing program to support certificates of compliance with a consumer product safety standard. Section 16(b) of the CPSA (15 U.S.C. 2065(b)) authorizes the Commission to issue rules to require that firms ``establish and maintain'' records to permit the Commission to determine compliance with rules issued under the authority of the CPSA. The Commission has issued regulations prescribing requirements for a reasonable testing program to support certificates of compliance with the standard for multi-purpose lighters. These regulations require manufacturers and importers to submit a description of each model of lighter, results of prototype qualification tests for compliance with the standard, and other information before the introduction of each model of lighter into commerce. These regulations also require manufacturers, importers, and private labelers of multi-purpose lighters to establish and maintain records to demonstrate successful completion of all required tests to support the certificates of compliance that they issue. 16 CFR part 1212, subpart B. The Commission uses the information compiled and maintained by manufacturers, importers, and private labelers of multi-purpose lighters to protect consumers from risks of accidental deaths and burn injuries associated with those lighters. More specifically, the Commission uses this information to determine whether lighters comply with the standard by resisting operation by young children. The Commission also uses this information to obtain corrective actions if multipurpose lighters fail to comply with the standard in a manner that creates a substantial risk of injury to the public. OMB approved the collection of information in the certification regulations for multi-purpose lighters under control number 3041-0130. OMB's current approval will expire on July 31, 2007. The Commission is requesting an extension of approval for these collection of information requirements.

On January 18, 2007, the Consumer Product Safety Commission (CPSC or Commission) published a notice in accordance with provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) (PRA), to announce the agency's intention to seek approval for a collection of information to be conducted through Consumer Focus Groups. 72 FR 2264. The Commission now announces that it is submitting to the Office of Management and Budget (OMB) a request for approval of that collection of information. The Commission received two comments. Both commenters, Safe Kids Worldwide (Safe Kids) and Carol Pollack-Nelson, supported the collection of information because it would inform the Commission's plans in the areas of public education, recall effectiveness, product research and voluntary standards development. Safe Kids requested that a special emphasis be placed on children's products. Safe Kids also requested that the focus groups and any subsequent reports resulting from the focus groups be made available to the public. Staff is currently developing the format for specific focus groups and will evaluate whether making such focus groups and any resulting reports public may be useful after the program is fully operational. The information collected from the Consumer Focus Groups will help inform the Commission's evaluation of consumer products and product use by providing insight and information into consumer perceptions and usage patterns. Such information may also assist the Commission in its efforts to support voluntary standards activities, and help the staff identify areas regarding consumer safety issues that need additional research. In addition, based on the information obtained, the staff may be able to provide safety information to the public that is easier to read and is more easily understood by a wider range of consumers. The Consumer Focus Groups also may be used to solicit consumer opinions and feedback regarding the effectiveness of product recall communications and in determining what action is being taken by consumers in response to such communications and why. This may aid in tailoring future recall activities to increase the success of those activities. If this information is not collected, the Commission may not have available certain useful information regarding consumer experiences, opinions, and perceptions related to specific product use, which the Commission uses, in part, in its ongoing efforts to improve the safety of consumer products on behalf of consumers.

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 Fisher-Price Inc., a corporation, containing a civil penalty of $975,000.

As required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Consumer Product Safety Commission requests comments on a proposed request for an extension of approval of a collection of information from manufacturers and importers of multi-purpose lighters. Multi-purpose lighters are hand-held flame-producing products that operate on fuel and have an ignition mechanism. They typically are used to light devices such as charcoal and gas grills and fireplaces. Devices intended primarily for igniting smoking materials are excluded from the multi-purpose lighter category. This collection of information consists of testing and recordkeeping requirements in certification regulations implementing the Safety Standard for Multi-Purpose Lighters. 16 CFR part 1212. The Commission will consider all comments received in response to this notice before requesting an extension of approval of this collection of information from the Office of Management and Budget (OMB).

The staff of the Consumer Product Safety Commission (``CPSC'' or ``the Commission'') will conduct two seminars to help mattress manufacturers, importers, retailers and others in the mattress industry better understand the requirements of the Commission's new mattress flammability standard so that they will be prepared when the standard goes into effect on July 1, 2007. The seminars will take a practical approach and will focus on the following topics: developing a prototyping plan, ensuring compliance through quality control, and working with a test lab to conduct the required testing. One seminar will be at CPSC's headquarters in Bethesda, Maryland on Wednesday, March 28, 2007. The other will be held in San Diego, California on Wednesday, April 11, 2007. See the ADDRESSES section of this notice for location details. The seminars are free, public events, but registration is required for each attendee. Please register on the Commission's Web site at https://www.cpsc.gov/businfo/ mattressseminar.html or, if you do not have access to a computer, call Heather E. Sonabend at 301-504-7615. Persons who would like to present information at the seminars that could be helpful to mattress manufacturers should submit a request outlining their presentation. These requests must be submitted on the CPSC's Web site no later than February 28, 2007. Persons may also request to set up a table-top display with information that could assist manufacturers in complying with the mattress flammability standard. These requests must also be submitted on CPSC's Web site no later than February 28, 2007. Selected presenters will be notified by March 7, 2007. If presenting information, the presentation must be offered at both seminars. Persons may also submit questions that they would like to have addressed by presenters at the seminars related to the topics described in this notice. Such questions must be submitted on the CPSC's Web site, https://www.cpsc.gov/businfo/ mattressseminar.html, no later than February 28, 2007. All participants and attendees are prohibited from selling or soliciting sales of their products at the seminars.

As required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Consumer Product Safety Commission requests comments on a proposed extension of approval of a collection of information from manufacturers and importers of bicycle helmets. The collection of information is in regulations implementing the Safety Standard for Bicycle Helmets. 16 CFR Part 1203. These regulations establish testing and recordkeeping requirements for manufacturers and importers of bicycle helmets subject to the standard. The Commission will consider all comments received in response to this notice before requesting an extension of approval of this collection of information from the Office of Management and Budget.

As required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Consumer Product Safety Commission requests comments on a proposed three year extension of approval of information collection requirements in the safety regulations for full-size cribs codified at 16 CFR 1500.18(a)(13) and Part 1508. These regulations were issued to reduce hazards of strangulation, suffocation, pinching, bruising, laceration, and other injuries associated with full-size cribs. (A full-size crib is a crib having an interior length ranging from 49\3/4\ inches to 55 inches and an interior width ranging from 25 to 30 inches.) The regulations prescribe performance, design, and labeling requirements for full-size cribs. They also require manufacturers and importers of those products to maintain sales records for a period of three years after the manufacture or importation of full-size cribs. If any full-size cribs subject to provisions of 16 CFR 1500.18(a)(13) and Part 1508 fail to comply in a manner severe enough to warrant a recall, the required records can be used by the manufacturer or importer and by the Commission to identify those persons and firms who should be notified of the recall. The Commission will consider all comments received in response to this notice before requesting approval of this collection of information from the Office of Management and Budget.

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 Nexgrill Industries, Inc., a corporation, containing a civil penalty of $300,000.

As required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Consumer Product Safety Commission (CPSC or Commission) requests comments on a proposed collection of information from persons who may participate in Consumer Focus Groups. The Commission will consider all comments received in response to this notice before requesting approval of this collection of information from the Office of Management and Budget.

This document provides interested persons the opportunity for the oral presentation or written submissions regarding the proposed technical amendment to the flammability standards for carpets and rugs.

The Consumer Product Safety Commission (CPSC or Commission) is considering whether there may be a need to ban children's metal jewelry containing more than 0.06% lead by weight in metal components. This advance notice of proposed rulemaking (ANPR) initiates a rulemaking proceeding under the Federal Hazardous Substances Act (FHSA). The Commission is soliciting written comments concerning the risks of injury associated with children's jewelry containing lead, the regulatory options discussed in this notice, other possible ways to address these risks, and the economic impacts of the various regulatory alternatives. The Commission also invites 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.

This advance notice of proposed rulemaking (``ANPR'') initiates a rulemaking proceeding that could result in mandatory performance standards for portable generators. The notice discusses a broad range of regulatory approaches that could be used to reduce portable generator-related deaths and injuries, particularly those related to carbon monoxide poisoning.\1\ The Commission invites public comment on these alternatives and any other approaches that could reduce portable generator-related deaths and injuries due to carbon monoxide poisoning, as well as shock/electrocution, fire, and burns. The Commission also invites 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 ANPR. The Commission issued a separate notice of proposed rulemaking (NPR) at 71 FR 50003 on August 24, 2006, relating specifically to enhancing the effectiveness of warning labels for portable generators, and invited public comment on its proposal.

The Consumer Product Safety Commission (CPSC or Commission) is providing notice to all of its employees, former employees, and applicants for employment about the rights and remedies that are available to them under the Federal antidiscrimination laws and whistleblower protection laws.\1\ This notice fulfills CPSC's notification obligations under the Notification and Federal Employees Anti-discrimination Retaliation Act (No FEAR Act), as implemented by Office of Personnel Management (OPM) regulations.

On August 4, 2006, the Consumer Product Safety Commission (CPSC or Commission) published a notice in accordance with provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) (PRA), to announce the agency's intention to seek approval for a collection of information obtained from persons who have been involved in or have witnessed incidents associated with consumer products. 71 FR 44262. The Commission announces that it has submitted to the Office of Management and Budget (OMB) a request for an extension of the existing approval of collections of information conducted during follow-up activities for product-related injuries. The Commission received two comments. One commentor requests that the Commission post reports of problems found with products and act on the information obtained. This comment does not weigh against extension of the current authorization. Another commentor, the Association of Trial Lawyers of America (ATLA), supports the proposed extension and requests the Commission staff to continue to use personal interviews as well as technological data collection to obtain pertinent information regarding product-related incidents. ATLA also requests that the Commission staff investigate a wider variety of product-related incidents. Given the large number of incidents reported involving consumer products annually, including NEISS data on hospital emergency room treated injuries, over 350,000 records per year, the Commission's resources and strategic goals guide the number of follow-up investigations that are conducted annually. Although Commission staff does not conduct follow-up investigations in every instance, staff does conduct an estimated 807 face-to-face interviews, excluding investigations conducted by the Office of Compliance and Field Operations, 2,544 in-depth investigations by phone, 4,600 hotline staff interviews, and conducts a review of 6,900 internet forms received from persons requesting information about product-related incidents or injuries. ATLA also requests that incident reports that contain identifying information be made available, in unredacted form, to counsel for both plaintiffs and defendants. The statutes administered by the Commission explicitly preclude the release of the type of identifying information sought to be obtained by ATLA. Section 6 of the CPSA, 15 U.S.C. 2055, provides that the Commission may not disclose any information which will permit the public to ascertain the identity of a manufacturer without providing prior notification and opportunity for comment to the manufacturer to which such information pertains. In addition, section 25 of the CPSA, 15 U.S.C. 2074, provides that any accident or investigation report made by an officer or employee of the Commission shall be made available to the public in a manner which will not identify any injured person or any person treating him, without the consent of the person so identified. Records that could reasonably be expected to constitute an unwarranted invasion of personal privacy are also exempted from production and disclosure under the Freedom of Information Act, 5 U.S.C. 552(b). To the extent an injured person has consented to release such information, that information would be readily available to counsel for either the plaintiff or the defendant. The information collected from persons who have sustained injuries or who have witnessed safety-related incidents associated with consumer products is an important source of safety information. The information collected is vital to the Commission in its efforts to assess the safety of consumer products and identify areas regarding consumer safety issues that may require further development and improvement through voluntary standards activities, rulemaking proceedings, recall activities, and information and education campaigns. Accordingly, the Commission has submitted the request for an extension of the existing approval of collections of information conducted during follow-up activities for product-related injuries.