CPSC Announces Pilot Program to Systematically Review Four Substantive Regulations
The Consumer Product Safety Commission (CPSC) has issued a notice announcing that it is undertaking a pilot program to systematically review four of its current substantive regulations to ensure, to the maximum practical extent, consistency among them and with respect to accomplishing program goals.
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The CPSC states that the primary purpose of the pilot program is to assess the degree to which the four regulations remain consistent with the CPSC's program policies. In addition, each regulation will be examined with respect to the extent that it is current and relevant to CPSC program goals.
According to the CPSC, attention will also be given to whether the regulations can be streamlined, if possible, to minimize regulatory burdens, especially on small entities. The CPSC currently expects this pilot to be completed by the end of calendar year 2004.
Highlights of Four Regulations to be Evaluated in Pilot Phase of Program
CPSC states that in the pilot program the following four regulations will be evaluated:
Walk-Behind Power Mowers. The CPSC states that the safety standard for walk-behind power mowers appears at 16 CFR Part 1205 and was promulgated in 1979. The standard prescribes safety requirements for certain walk-behind power lawnmowers, including labeling and performance requirements.
Electrically Operated Toys. The requirements for electrically operated toys and other electronically operated articles intended for use by children appear at 16 CFR Part 1505 and were promulgated in 1973. CPSC states that the regulation includes a number of requirements intended to reduce the risk of electrical, mechanical, and/or thermal hazards.
Standard for Flammability of Vinyl Plastic Film. The standard for flammability of vinyl plastic film appears at 16 CFR Part 1611, and was codified at that location in 1975. This standard establishes minimum standard for the flammability of nonrigid, unsupported, vinyl plastic film including transparent, translucent, and opaque material, whether plain, embossed, molded or otherwise surface treated.
Salicylates. The CPSC is reviewing two regulations that require child-resistant packaging for certain salicylate compounds. The first is at 16 CFR 1700.14(a)(1) and requires child-resistant packaging for certain aspirin-containing oral drugs. The second, 16 CFR 1700.14(a)(3) requires child-resistant packaging for certain products containing methyl salicylate (oil of wintergreen). Both of these rules were promulgated in 1972.
CPSC May Expand Systematic Review of Substantive Regulations Beyond Pilot
The CPSC states that depending on the results of the pilot, the availability of personnel and fiscal resources, and other priorities for action, it may develop and implement an expanded systematic review process to address the remainder of its substantive regulations.
CPSC states that this expanded systematic review could involve review of 19 regulations under the Consumer Product Safety Act (CPSA), 42 rules under the Federal Hazardous Substances Act (FHSA), 7 rules under the Flammable Fabrics Act (FFA), and 31 rules under the Poison Prevention Packaging Act (PPPA). According to the notice, the CPSC rule under the Refrigerator Safety Act could also be a candidate for review.
-written comments and responses to CPSC questions contained in this notice must be received by March 29, 2004
CPSC contact - N.J. Scheers (301) 504-7670
CPSC notice (FR Pub 01/28/04) available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-1744.pdf