Home > 1994 Unified Agenda > ua14no94 FEDERAL COMMUNICATIONS COMMISSION (FCC)...ua14no94 FEDERAL COMMUNICATIONS COMMISSION (FCC)...
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CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
Statement of Regulatory Priorities for Fiscal Year 1995
The U.S. Consumer Product Safety Commission (CPSC) is charged with
protecting the public against unreasonable risks of injury and death
associated with consumer products. The Commission has four methods by
which to achieve this objective: participation in developing or
revising voluntary product safety standards, development of mandatory
product safety standards, development of mandatory corrective actions,
or development of information and education campaigns.
In determining which of these methods to use in the case of a
particular product, the Commission gathers the best available data on
the nature and extent of the hazard posed by the product. This
information is analyzed to determine how best to reduce the hazard. In
determining what priority to give a particular hazard reduction effort,
the Commission is required by its rules to consider the following
general criteria:
<bullet> frequency and severity of injury
<bullet> causality of injury
<bullet> chronic illness and future injuries
<bullet> cost and benefit of CPSC action
<bullet> unforeseen nature of the risk
<bullet> vulnerability of the population at risk
<bullet> probability of exposure to hazard.
In addition, if a mandatory safety standard is proposed to reduce the
hazard associated with a particular product, the Commission is required
to find that the regulatory approach selected is the least burdensome
means of adequately protecting the public.
The Commission has a small regulatory program. It relies on voluntary
standards to address product hazards whenever possible. Regulatory
initiatives are undertaken only when manufacturers fail to develop
adequate voluntary standards or when there is not substantial
conformance with such standards. The Commission considers a balance
between mandatory and voluntary standards to be the most effective way
to achieve product safety in the 1990s.
In 1995, the Commission will focus on mandatory safety standards which
emphasize the protection of vulnerable populations, including children,
the elderly, low-income groups, and those who have difficulty
understanding safety messages written in English.
Significant CPSC regulatory activities planned for 1995 involve the
following regulations: ``Standard for the Flammability of Upholstered
Furniture''; ``Standard for Safety Performance Requirements for Plastic
Five-Gallon Containers'' (Buckets); and ``Requirements for Special
Packaging of Household Substances: Revision of Test Protocols for
Child-Resistant Packaging.'' These regulatory activities are described
in detail below.
Each of these 1995 regulatory initiatives has a major component related
to vulnerable populations. Upholstered furniture fires
disproportionately kill and injure children, the elderly and families/
individuals with lower incomes. Five-gallon buckets pose a drowning
hazard to young children, in particular those in ethnic minority groups
in low-income households. Revisions of the test protocol for child-
resistant packaging will make this packaging easier for adults,
especially the elderly, to use. If child-resistant packaging is easier
to use, it will be used more frequently, thereby preventing ingestion
of medicines and other harmful substances by young children.
The 1995 regulatory focus on reducing product-related deaths and
injuries in vulnerable populations is consistent with the Agency's
legally defined mission and priority-setting criteria. In addition, it
supports the President's priority to reduce the Nation's health care
costs by preventing injury to groups which are frequently the most
likely to be injured by a hazardous product.
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CPSC
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PROPOSED RULE STAGE
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199. <bullet> FLAMMABILITY STANDARD FOR UPHOLSTERED FURNITURE
Legal Authority:
15 USC 1293 Flammable Fabrics Act
CFR Citation:
16 CFR 1640
Legal Deadline:
None
Abstract:
On June 15, 1994, the Commission published an advance notice of
proposed rulemaking (ANPRM) to begin a proceeding for development of a
flammability standard for upholstered furniture. The ANPRM announced
that the regulatory alternatives under consideration include issuance
of a mandatory standard to address risks of death, injury, and property
damage from fires associated with ignition of upholstered furniture by
small open-flame sources. Fire hazards associated with ignition of
upholstered furniture by cigarettes or large open-flame sources are
outside the scope of this proceeding. The staff is preparing a briefing
package for consideration by the Commissioners of the agency when they
decide whether to publish a proposed standard.
Statement of Need:
There are approximately 700 deaths, more than 2,000 injuries and $300
million in property damage resulting from upholstered furniture fires
each year in the U.S. Upholstered furniture is associated with more
fire-related deaths than any other consumer product within the agency's
jurisdiction.
Open-flame ignition fires accounted for about one-fourth of the
injuries, and one-fifth of the deaths and property damage. Cigarette-
ignited fires accounted for about two-thirds of the deaths and over
half of the injuries and property damage.
The estimated societal cost of all upholstered furniture fires in 1991
was about $2 billion, including about $0.5 billion attributable to
open-flame fires and $1.25 billion to smoking-related fires.
Summary of the Legal Basis:
The Commission has authority under the FFA to issue a ``flammability
standard or other regulation, including labeling,'' for a product of
interior furnishing if the Commission determines that such a standard
``is needed to adequately protect the public against unreasonable risk
of the occurrence of fire leading to death or personal injury, or
significant property damage.'' (FFA, section 4(a), 15 U.S.C. 1193 (a).)
No aspect of this action is required by statute or court order.
The projected regulation would be a mandatory standard that would
require that upholstered furniture sold in the United States resist
ignition under test conditions specified in the standard.
Alternatives:
Continued deferral to existing industry voluntary standard for
cigarette ignition only;
Continued deferral to existing industry voluntary standard for
cigarette ignition and development of a voluntary standard for open-
flame ignition; or
Development of a mandatory standard for cigarette ignition only.
Anticipated Costs and Benefits:
The estimated annual cost of imposing a mandatory standard for open-
flame ignition of furniture will be determined. Given that the total
annual societal cost of upholstered furniture fire losses is estimated
at nearly $500 million from open-flame fires, the potential benefits of
a standard, even if it were only partially effective, could be
extremely large.
Risks:
Upholstered furniture is associated with more deaths from fires than
any other consumer product within the agency's jurisdiction. There are
approximately 700 deaths, more than 2,000 injuries, $300 million in
property damage and an estimated overall societal cost of about $2
billion resulting from upholstered furniture fires each year in the
U.S. About one-quarter of these costs are due to open-flame ignition
fires.
A substantial impact on open flame ignition fires could occur since
there is currently no national standard addressing this hazard.
Societal costs associated with upholstered furniture are among the
highest costs associated with any product that the agency regulates.
This standard has the potential to eliminate as much as one-quarter of
that cost.
Timetable:
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Action DFR Cite
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ANPRM 59 FR 30735 06/15/94
ANPRM Comment Pe59 FR 30735 08/15/94
Staff Sends Briefing Package to Commission 06/00/96
Small Entities Affected:
Undetermined
Government Levels Affected:
Undetermined
Agency Contact:
Dale R. Ray
Project Manager
Directorate for Economics
Consumer Product Safety Commission
Washington, DC 20207
301 504-0962
RIN: 3041-AB35
_______________________________________________________________________
CPSC
200. <bullet> SAFETY REQUIREMENTS FOR 5-GALLON PLASTIC BUCKETS
Legal Authority:
15 USC 2056 Consumer Product Safety Act; 15 USC 2057 Consumer Product
Safety Act; 15 USC 2058 Consumer Product Safety Act
CFR Citation:
16 CFR 1307
Legal Deadline:
None
Abstract:
On July 8, 1994, the Commission published an advance notice of proposed
rulemaking (ANPRM) to begin a proceeding which could result in
mandatory requirements to address risks of drowning to children
associated with 5-gallon plastic buckets. The ANPRM announced that the
regulatory alternatives under consideration include issuance of a
mandatory performance standard or labeling requirements for 5-gallon
plastic buckets, or a ban of those products. The staff is preparing a
briefing package for consideration by the Commissioners of the agency
when they decide whether to publish a proposed standard or banning
rule.
Statement of Need:
An estimated 40 children a year drown in buckets. They range in age
from 7 months to 24 months; approximately two-thirds are male. Minority
groups accounted for approximately 70 percent of bucket-related
incidents. Most victims were at the lower end of the socioeconomic
scale.
Summary of the Legal Basis:
The Commission has authority under the CPSA ``to protect the public
against unreasonable risks of injury associated with consumer
products'' and ``to develop uniform safety standards for consumer
products.'' (15 U.S.C. 2051) ``Any requirement of such a standard shall
be reasonably necessary to prevent or reduce an unreasonable risk of
injury associated with such product.'' (15 U.S.C. 2056) No aspect of
this action is required by statute or court order.
The projected regulation would be a mandatory standard that would
require that 5-gallon plastic buckets sold in the United States meet
certain performance requirements intended to prevent young children
from drowning in such buckets.
Alternatives:
Deferral to an existing emergency (temporary) voluntary labeling
standard;
Development of a mandatory labeling requirement;
Development of a voluntary performance standard; or
Ban of the product as a hazardous product.
Anticipated Costs and Benefits:
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