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Monday July 29, 2013
CPSC Has 22 Items on Regulatory To-Do ListBy Sean Oberle
CPSC’s current regulatory plan, made available earlier in July, gives a sense of when it plans to act on 22 efforts that will or might lead to regulations. Although this semiannual to-do list gives the dates listed in the chart below, those are not firm deadlines but rather looser goals. Thus the list is valuable more for understanding CPSC’s focus than for predicting when actions will occur. Though these projects represent the spring regulatory agenda, there is a lag between when the commission approves it to be sent to the Office of Management and Budget and when it appears. Therefore, it is only recently available for public viewing.
The list has seven projects that were not on the last one (PSL, 1/14/13, p. 6). With underlined headings below, those include one in the pre-rule state (candles and candle accessories) and six in the proposed-rule stage (bouncer seats, fire pots, portable generators, sling carriers, table saws, and voluntary recalls.
Seven items that were on the last list are off it, mostly due to various commission decisions. They are gas-vented fireplaces, pool drains, phthalates, infant swings, third-party labs, imidazolines, and animal testing. Some moved from one category to another. Three items previously in the pre-rule stage and now in the proposed rule group include carriages and stroller, crib bumpers, and imports. Two items jumped two slots, from pre-rule to final: handheld infant carriers and soft infant and toddler carriers. Four moved from proposed to final: all-terrain vehicles, bassinets, magnets, and play yards.
As well, four items stayed in their previous groupings. Bedside sleepers, certificates of compliance and recreational off-road vehicles remain in the proposed rule stage, while toy caps remain in the final. Lack of movement does not necessarily mean lack of activity as there are numerous steps within each category. For example, a proposed rule might include steps like soliciting comments, analyzing them, and creating another briefing package.
There is an 11/11 split in projects associated with or generated by the CPSIA. Eight of the 11 are under Section 104, which requires CPSC to adopt voluntary standards as mandatory rules or create more stringent ones. Those are bassinets, bedside sleepers, bouncer seats, carriages and strollers, handheld infant carriers, soft infant and toddler carriers, and sling carriers. The other three are certificates of compliance, imports, and voluntary recalls.
The eleven non-CPSIA projects are all-terrain vehicles architectural glazing, bunk beds, candles and candle accessories, crib bumpers, firepots, magnets, portable generators, recreational off-road vehicles, table saws, and toy caps. This latter group – which includes numerous years-old projects deferred due to CPSC’s need to implement the CPSIA beginning in 2008 – demonstrates a continued movement to a “post-CPSIA” footing for the agency. In that stance, CPSC focuses on specific products or hazards identified in traditional ways like incident data, petitions, press coverage, and activity in the states rather than congressional directive, much as it did before the CPSIA.
To learn more about each item, go to www.reginfo.gov/public/do/eAgendaMain. Go to the dropdown menu at the bottom of the page. CPSC is 14th from the bottom among independent agencies. Also, the July 23 Federal Register has a notice that gives details of two completed items related to representative samples (PSL, 12/3/12, p. 1) and child-resistant packaging for imidazolines (PSL, 12/3/12, p. 4).
Status Activity Next Action (Time Goal) CPSC Contact Pre-Rule Stage Architectural Glazing: Act on 2012 petition seeking update of testing rules at 16 CFR 1201.4 Send briefing package to commission (January 2014) Brian Baker, (301) 987-2298, bbaker@cpsc.gov Bunk Beds: Monitor standards related to deferred 2010 petition seeking rules addressing neck and head entrapment Send status report to commission (July 2013) Timothy Smith, (301) 987-2557 tsmith@cpsc.gov Candles and Candle Accessories: Act on 2004 petition seeking mandatory fire safety standards Send briefing package to commission (October 2013) Scott Ayers, (301) 987-2030, sayers@cpsc.gov Proposed Rule Stage Bedside Sleepers: Act on CPSIA section 104 switch to make voluntary standard mandatory Send briefing package to commission (August 2013) Douglas Lee, (301) 987-2073, dlee@cpsc.gov Bouncer Seats: Act on CPSIA Section 104 switch to make voluntary standard mandatory Send briefing package to commission (December 2013) Suad Wanna-Nakamura, (301) 987-2550, snakamura@cpsc.gov Carriages and Strollers: Act on a 2013 NPR on a CPSIA section 104 switch to make voluntary standard mandatory Comment period ends (August 2013) Rana Balci-Sinha, (301) 987-2584, rbalcisinha@cpsc.gov Certificates of Compliance: Act on 2013 NPR to clarify requirements related to components and electronic certificates Send briefing package to commission (October 2013) Carol Cave, (301) 504-7677, ccave@cpsc.gov Crib Bumpers: Act on 2012 petition seeking regulatory distinction between traditional and pillow-like bumpers Commission voted to expand scope (PSL, 6/3/13, p. 1) Jonathan Midget, (301) 504-7692, jmidgett@cpsc.gov Firepots: Act on 2011 ANPR to address injuries associated with gel fuel Send briefing package to commission (January 2014) Jacqueline Campbell, (301) 987-2024, jcampbell@cpsc.gov Imports: Propose rule to update regulation at 16 CFR 1500.265 on sampling, examination, reconditioning, and refusal of admission Send briefing package to commission (August 2013) Carol Cave, (301) 504-7677, ccave@cpsc.gov Portable Generators: Act on 2006 advance notice of proposed rulemaking (ANPR) to address carbon monoxide incidents Send notice of proposed rulemaking (NPR) to commission (January 2014) Janet Buyer, (301) 987-2293, jbuyer@cpsc.gov Recreational Off-Road Vehicles: Act on 2009 ANPR on steering and rollover Send briefing package to commission (September 2013) Caroleene Paul, (301) 987-2225, cpaul@cpsc.gov Sling Carriers: Act on CPSIA Section 104 switch to make voluntary standard mandatory Send briefing package to commission (July 2013) Hope Nesteruk, (301) 987-2579, hnesteruk@cpsc.gov Table Saws: Act on 2006 petition seeking performance standard to address blade-contact injuries Send briefing package to commission (January 2014) Caroleene Paul (301) 987-2225, cpaul@cpsc.gov Voluntary Recalls: Propose rule to set guidelines on uniform information to be in notices Send briefing package to commission (August 2013) Howard Tarnoff, (301) 504-7589, htarnoff@cpsc.gov Final Rule Stage All-Terrain Vehicles: React to ideas generated in 2012 ATM Safety Summit Send briefing package to commission (July 2013) Hope Nesteruk, (301) 987-2579, hnesteruk@cpsc.gov Bassinets: Act on 2012 NPR on CPSIA section 104 switch to make voluntary standard mandatory Staff briefed commission (PSL, 7/15/13, p. 1) Patricia Edwards, (301) 987-2224, pedwards@cpsc.gov Handheld Infant Carriers: Act on CPSIA section 104 switch to make voluntary standard mandatory Send briefing package to commission (July 2013 Patricia Edwards, (301) 987-2224, pedwards@cpsc.gov Magnets: Act on 2012 NPR on adult amusements with loose, high-powered magnets Send briefing package to commission (July 2013) Jonathan Midget, (301) 987-2561, jmidgett@cpsc.gov Play Yards: Act on CPSIA section 104 switch to make voluntary standard mandatory Commission decision (August 2013 Gregory Rea, (301) 987-2258, grea@cpsc.gov Soft Infant and Toddler Carriers: Act on CPSIA section 104 switch to make voluntary standard mandatory Send briefing package to commission (September 2013) Vincent Amodeo, (301) 504-7570, vamodeo@cpsc.gov Toy Caps: Act on 2012 NPR to revoke rules at 16 CFR 1500.18, .47, and .86 Send briefing package to commission (September 2013) Richard McCallion, (301) 987-2222, rmccallion@cpsc.gov |
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