Semiannual Regulatory Agenda, 40392-40396 [2017-16982]

Download as PDF 40392 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Ch. II Semiannual Regulatory Agenda U.S. Consumer Product Safety Commission. ACTION: Semiannual regulatory agenda. AGENCY: In this document, the Commission publishes its semiannual regulatory flexibility agenda. In addition, this document includes an agenda of regulatory actions that the Commission expects to be under development or review by the agency during the next year. This document meets the requirements of the Regulatory Flexibility Act and Executive Order 12866. The Commission welcomes comments on the agenda and on the individual agenda entries. DATES: Comments should be received in the Office of the Secretary on or before September 25, 2017. ADDRESSES: Comments on the regulatory flexibility agenda should be captioned, ‘‘Regulatory Flexibility Agenda,’’ and submitted by email to cpsc-os@cpsc.gov. Comments may also be mailed or delivered to the Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814–4408. FOR FURTHER INFORMATION CONTACT: For further information on the agenda in general, contact Charu Krishnan, Directorate for Economic Analysis, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814–4408; ckrishnan@cpsc.gov. For further information regarding a particular item on the agenda, consult the individual listed in the column headed ‘‘Contact’’ for that particular item. SUMMARY: The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 to 612) contains several provisions intended to reduce unnecessary and disproportionate regulatory requirements on small SUPPLEMENTARY INFORMATION: businesses, small governmental organizations, and other small entities. Section 602 of the RFA (5 U.S.C. 602) requires each agency to publish, twice each year, a regulatory flexibility agenda containing a brief description of the subject area of any rule expected to be proposed or promulgated, which is likely to have a ‘‘significant economic impact’’ on a ‘‘substantial number’’ of small entities. The agency must also provide a summary of the nature of the rule and a schedule for acting on each rule for which the agency has issued a notice of proposed rulemaking. The regulatory flexibility agenda also is required to contain the name and address of the agency official knowledgeable about the items listed. Furthermore, agencies are required to provide notice of their agendas to small entities and to solicit their comments by direct notification or by inclusion in publications likely to be obtained by such entities. Additionally, Executive Order 12866 requires each agency to publish, twice each year, a regulatory agenda of regulations under development or review during the next year, and the executive order states that such an agenda may be combined with the agenda published in accordance with the RFA. The regulatory flexibility agenda lists the regulatory activities expected to be under development or review during the next 12 months. It includes all such activities, whether or not they may have a significant economic impact on a substantial number of small entities. This agenda also includes regulatory activities that appeared in the fall 2016 agenda and have been completed by the Commission prior to publication of this agenda. Although CPSC, as an independent regulatory agency, is not required to comply with Executive Orders, the Commission does follow Executive Order 12866 with respect to the publication of its regulatory agenda. The agenda contains a brief description and summary of each regulatory activity, including the objectives and legal basis for each; an approximate schedule of target dates, subject to revision, for the development or completion of each activity; and the name and telephone number of a knowledgeable agency official concerning particular items on the agenda. The Internet is the basic means through which the Unified Agenda is disseminated. The complete Unified Agenda will be available online at: www.reginfo.gov, in a format that offers users the ability to obtain information from the Agenda database. Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), the Commission’s printed agenda entries include only: (1) Rules that are in the agency’s regulatory flexibility agenda, in accordance with the Regulatory Flexibility Act because they are likely to have a significant economic impact on a substantial number of small entities; and (2) Rules that the agency has identified for periodic review under section 610 of the Regulatory Flexibility Act. Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act’s agenda requirements. Additional information on these entries is available in the Unified Agenda published on the Internet. The agenda reflects an assessment of the likelihood that the specified event will occur during the next year; the precise dates for each rulemaking are uncertain. New information, changes of circumstances, or changes in law may alter anticipated timing. In addition, no final determination by staff or the Commission regarding the need for, or the substance of, any rule or regulation should be inferred from this agenda. Todd A. Stevenson, Secretary, Consumer Product Safety Commission. CONSUMER PRODUCT SAFETY COMMISSION—PROPOSED RULE STAGE Regulation Identifier No. mstockstill on DSK30JT082PROD with PROPOSAL23 Sequence No. Title 269 .................... Regulatory Options for Table Saws ................................................................................................................. 3041–AC31 CONSUMER PRODUCT SAFETY COMMISSION—FINAL RULE STAGE Regulation Identifier No. Sequence No. Title 270 .................... Determinations Regarding Third Party Testing of Phthalates In Four Specified Plastics ............................... VerDate Sep<11>2014 18:25 Aug 23, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP23.SGM 24AUP23 3041–AD59 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 40393 CONSUMER PRODUCT SAFETY COMMISSION—LONG-TERM ACTIONS Regulation Identifier No. Sequence No. Title 271 .................... 272 .................... 273 .................... Flammability Standard for Upholstered Furniture ............................................................................................ Portable Generators ......................................................................................................................................... Recreational Off-Road Vehicles ....................................................................................................................... 3041–AB35 3041–AC36 3041–AC78 CONSUMER PRODUCT SAFETY COMMISSION—COMPLETED ACTIONS Regulation Identifier No. Sequence No. Title 274 .................... 275 .................... 276 .................... Standard for Sling Carriers .............................................................................................................................. Standard for Infant Bath Tubs ......................................................................................................................... Rule Review of: Standard for the Flammability (Open Flame) of Mattress Sets (Completion of a Section 610 Review). CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Action Proposed Rule Stage mstockstill on DSK30JT082PROD with PROPOSAL23 269. Regulatory Options for Table Saws Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2051 Abstract: On July 11, 2006, the Commission voted to grant a petition requesting that the Commission issue a rule prescribing performance standards for a system to reduce or prevent injuries from contacting the blade of a table saw. The Commission also directed CPSC staff to prepare an advance notice of proposed rulemaking (ANPRM) initiating a rulemaking proceeding under the Consumer Product Safety Act (CPSA) to: (1) Identify the risk of injury associated with table saw blade-contact injuries; (2) summarize regulatory alternatives, and (3) invite comments from the public. An ANPRM was published on October 11, 2011. The comment period ended on February 10, 2012. Staff participated in the Underwriters Laboratories (UL) working group development of performance requirements for table saws, conducted performance tests on sample table saws, conducted survey work on blade guard use, and evaluated comments to the ANPRM. Staff prepared a briefing package with a notice of proposed rulemaking (NPRM) and submitted the package to the Commission on January 17, 2017. The Commission voted to publish the NPRM and the comment period for the NPRM is closing on July 26, 2017. Timetable: Action Date Commission Decision to Grant Petition. ANPRM ............... VerDate Sep<11>2014 FR Cite 07/11/06 10/11/11 18:25 Aug 23, 2017 76 FR 62678 Jkt 241001 Date Notice of Extension of Time for Comments. ANPRM Comment Period End. Comment Period End. Notice to Reopen Comment Period. Reopened Comment Period End. Staff Sent NPRM Briefing Package to Commission. Commission Decision. NPRM .................. NPRM Comment Period End. 12/02/11 FR Cite 76 FR 75504 12/12/11 02/10/12 02/15/12 77 FR 8751 03/16/12 01/17/17 05/12/17 07/26/17 the Commission to seek opportunities to reduce the cost of third party testing requirements consistent with assuring compliance with any applicable children’s product safety rule. Staff prepared for Commission consideration a briefing package with a draft notice of proposed rulemaking (NPRM) regarding third party testing of phthalates in four specified plastics. The Commission approved the NPRM on August 9, 2016. After reviewing submitted comments, staff will prepare a final rule briefing package for Commission consideration. Timetable: Action 04/27/17 82 FR 22190 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Caroleene Paul, Project Manager, Directorate for Engineering Sciences, Consumer Product Safety Commission, National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850, Phone: 301 987–2225, Email: cpaul@ cpsc.gov. RIN: 3041–AC31 CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Final Rule Stage 270. Determinations Regarding Third Party Testing of Phthalates in Four Specified Plastics Staff Sends NPRM to the Commission. Commission Decision. NPRM Published in the Federal Register. NPRM Comment Period End. Staff Sends Final Rule Briefing Package to Commission. Frm 00003 Fmt 4701 Sfmt 4702 Date FR Cite 08/03/16 08/09/16 08/17/16 81 FR 54754 10/31/16 09/00/17 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Randy Butturini, Project Manager, Office of Hazard Identification and Reduction, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, Phone: 301 504–7562, Email: rbutturini@cpsc.gov. RIN: 3041–AD59 Legal Authority: Sec 3, Pub. L. 110– 314, 122 Stat. 3016; 15 U.S.C. 2063(d)(3)(B) Abstract: Section 14(i)(3) of the Consumer Product Safety Act requires PO 00000 3041–AD28 3041–AD37 3041–AD47 E:\FR\FM\24AUP23.SGM 24AUP23 40394 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Action Long-Term Actions 271. Flammability Standard for Upholstered Furniture Legal Authority: 15 U.S.C. 1193; 5 U.S.C. 801 Abstract: In October 2003, the Commission issued an advance notice of proposed rulemaking (ANPRM) to address the risk of fire associated with cigarette and small open-flame ignitions of upholstered furniture. The Commission published a notice of proposed rulemaking (NPRM) in March 2008, and received public comments. The Commission’s proposed rule would require that upholstered furniture have cigarette-resistant fabrics or cigaretteand open flame-resistant barriers. The proposed rule would not require flameresistant chemicals in fabrics or fillings. Since the Commission published the NPRM, CPSC staff has conducted testing of upholstered furniture, using both fullscale furniture and bench-scale models, as proposed in the NPRM. In FY 2016, staff was directed to prepare a briefing package summarizing the feasibility of adopting California’s Technical Bulletin 117–2013 (TB 117–2013) as a mandatory standard. Currently, staff is working with voluntary standards organizations, both ASTM and NFPA, and the California Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation (BEARHFTI) to evaluate new provisions and improve the existing consensus standards related to upholstered furniture flammability. Staff intends to prepare a package with options for Commission consideration that includes terminating rulemaking and pursuing alternative approaches to address the hazard. Timetable: mstockstill on DSK30JT082PROD with PROPOSAL23 Action Date ANPRM ............... Commission Hearing May 5 & 6, 1998 on Possible Toxicity of FlameRetardant Chemicals. Meeting Notice .... Notice of Public Meeting. Public Meeting .... ANPRM ............... ANPRM Comment Period End. Staff Held Public Meeting. Staff Held Public Meeting. VerDate Sep<11>2014 FR Cite 06/15/94 03/17/98 59 FR 30735 63 FR 13017 03/20/02 08/27/03 67 FR 12916 68 FR 51564 09/24/03 10/23/03 12/22/03 68 FR 60629 10/28/04 05/18/05 18:25 Aug 23, 2017 Jkt 241001 Date Staff Sent Status Report to Commission. Staff Sent Status Report to Commission. Staff Sent Status Report to Commission. Staff Sent Options Package to Commission. Commission Decision to Direct Staff to Prepare Draft NPRM. Staff Sent Draft NPRM to Commission. Commission Decision to Publish NPRM. NPRM .................. NPRM Comment Period End. Staff Published NIST Report on Standard Test Cigarettes. Staff Publishes NIST Report on Standard Research Foam. Notice of April 25 Public Meeting and Request for Comments. Staff Holds Upholstered Furniture Fire Safety Technology Meeting. Comment Period End. Staff Sends Briefing Package to Commission on California’s TB117–2013. Next Action Undetermined. FR Cite 01/31/06 11/03/06 12/28/06 12/22/07 12/27/07 01/22/08 02/01/08 03/04/08 05/19/08 73 FR 11702 05/19/09 09/14/12 03/20/13 78 FR 17140 04/25/13 07/01/13 09/08/16 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Andrew Lock, Project Manager, Directorate for Laboratory Sciences, Consumer Product Safety Commission, National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850, Phone: 301 987–2099, Email: alock@ cpsc.gov. RIN: 3041–AB35 272. Portable Generators Legal Authority: 15 U.S.C. 2051 Abstract: On December 5, 2006, the Commission voted to issue an advance notice of proposed rulemaking (ANPRM) under the Consumer Product Safety Act (CPSA) concerning portable generators. The ANPRM discusses PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 regulatory options that could reduce deaths and injuries related to portable generators, particularly those involving carbon monoxide (CO) poisoning. The ANPRM was published in the Federal Register on December 12, 2006. Staff reviewed public comments and conducted technical activities. In FY 2006, staff awarded a contract to develop a prototype generator engine with reduced CO in the exhaust. Also in FY 2006, staff entered into an interagency agreement (IAG) with the National Institute of Standards and Technology (NIST) to conduct tests with a generator, in both off-the-shelf and prototype configurations, operating in the garage attached to NIST’s test house. NIST’s test house, a double-wide manufactured home, is designed for conducting residential indoor air quality (IAQ) studies, and the scenarios tested are typical of those involving consumer fatalities. These tests provide empirical data on CO accumulation in the garage and infiltration into the house; staff used these data to evaluate the efficacy of the prototype in reducing the risk of fatal or severe CO poisoning. Under this IAG, NIST also modeled the CO infiltration from the garage under a variety of other conditions, including different ambient conditions and longer generator run times. In FY 2009, staff entered into a second IAG with NIST with the goal of developing CO emission performance requirements for a possible proposed regulation that would be based on health effects criteria. In 2011, staff prepared a package containing staff and contractor reports on the technology demonstration of the low CO emission prototype portable generator. This included, among other staff reports, a summary of the prototype development and durability results, as well as end-oflife emission test results performed on it by an independent emissions laboratory. Staff’s assessment of the ability of the prototype to reduce the CO poisoning hazard was also included. In September 2012, staff released this package and solicited comments from stakeholders. In October 2016, staff delivered a briefing package with a draft notice of proposed rulemaking (NPRM) to the Commission. In November 2016, the Commission voted to approve the NPRM. The notice was published in the Federal Register on November 21, 2016, with a comment period deadline of February 6, 2017. In December 2016, the Commission voted to extend the comment period until April 24, 2017 in response to a request to extend the comment period an additional 75 days. The Commission held a public hearing on March 8, 2017 to provide an E:\FR\FM\24AUP23.SGM 24AUP23 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda opportunity for stakeholders to present oral comments on the NPRM. Staff will review the comments on the NPRM and begin to prepare a final rule briefing package for Commission consideration. Timetable: Action Date Staff Sent ANPRM to Commission. Staff Sent Supplemental Material to Commission. Commission Decision. Staff Sent Draft ANPRM to Commission. ANPRM ............... ANPRM Comment Period End. Staff Releases Research Report for Comment. Staff Sends NPRM Briefing Package to Commission. NPRM .................. Public Hearing for Oral Comments. NPRM Comment Period End. Staff Sends Draft Final Rule to Commission. FR Cite 07/06/06 10/12/06 10/26/06 11/21/06 12/12/06 02/12/07 71 FR 74472 10/10/12 10/05/16 11/21/16 03/08/17 81 FR 83556 82 FR 8907 04/24/17 09/00/18 mstockstill on DSK30JT082PROD with PROPOSAL23 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Janet L. Buyer, Project Manager, Directorate for Engineering Sciences, Consumer Product Safety Commission, National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850, Phone: 301 987–2293, Email: jbuyer@ cpsc.gov. RIN: 3041–AC36 273. Recreational Off-Road Vehicles Legal Authority: 15 U.S.C. 2056; 15 U.S.C. 2058 Abstract: The Commission is considering whether recreational offroad vehicles (ROVs) present an unreasonable risk of injury that should be regulated. ROVs are motorized vehicles having four or more lowpressure tires designed for off-road use and intended by the manufacturer primarily for recreational use by one or more persons. The salient characteristics of an ROV include a steering wheel for steering control, foot controls for throttle and braking, bench or bucket seats, a roll-over protective structure, and a maximum speed greater than 30 mph. On October 21, 2009, the Commission voted to publish an VerDate Sep<11>2014 19:08 Aug 23, 2017 Jkt 241001 advance notice of proposed rulemaking (ANPRM) in the Federal Register. The ANPRM was published in the Federal Register on October 28, 2009, and the comment period ended December 28, 2009. The Commission received two letters requesting an extension of the comment period. The Commission extended the comment period until March 15, 2010. Staff conducted testing and evaluation programs to develop performance requirements addressing vehicle stability, vehicle handling, and occupant protection. On October 29, 2014, the Commission voted to publish an NPRM proposing standards addressing vehicle stability, vehicle handling, and occupant protection. The NPRM was published in the Federal Register on November 19, 2014. On January 23, 2015, the Commission published a notice of extension of the comment period for the NPRM, extending the comment period to April 8, 2015. The Omnibus Appropriations Bill provides that during fiscal year 2016, none of the amounts made available by the Appropriations Bill may be used to finalize or implement the Safety Standard for Recreational OffHighway Vehicles published by the CPSC in the Federal Register on November 19, 2014 (79 FR 68964) (ROV NPRM) until after the National Academy of Sciences completes a study to determine specific information as set forth in the Appropriations Bill. Staff ceased work on a Final Rule briefing package in FY 15 and instead engaged the Recreational Off-Highway Vehicle Association (ROHVA) and Outdoor Power Equipment Institute (OPEI) in the development of voluntary standards for ROVs. Staff conducted dynamic and static tests on ROVs, shared test results with ROHVA and OPEI, and participated in the development of revised voluntary standards to address staff’s concerns with vehicle stability, vehicle handling, and occupant protection. The voluntary standards for ROVs were revised and published in 2016 (ANSI/ROHVA 1–2016 and ANSI/ OPEI B71.9–2016). Staff assessed the new voluntary standard requirements and prepared a termination of rulemaking briefing package that was submitted to the Commission on November 22, 2016. The Commission voted not to terminate the rulemaking associated with ROVs. Timetable: Action Date Staff Sends ANPRM Briefing Package to Commission. PO 00000 Frm 00005 10/07/09 Fmt 4701 Sfmt 4702 FR Cite Action Commission Decision. ANPRM ............... ANPRM Comment Period Extended. Extended Comment Period End. Staff Sends NPRM Briefing Package to Commission. Staff Sends Supplemental Information on ROVs to Commission. Commission Decision. NPRM Published in Federal Register. NPRM Comment Period Extended. Extended Comment Period End. Staff Sends Briefing Package Assessing Voluntary Standards to Commission. Commission Decision Not to Terminate. Staff is Evaluating Voluntary Standards. Date 40395 FR Cite 10/21/09 10/28/09 12/22/09 74 FR 55495 74 FR 67987 03/15/10 09/24/14 10/17/14 10/29/14 11/19/14 79 FR 68964 01/23/15 80 FR 3535 04/08/15 11/22/16 01/25/17 To Be Determined Regulatory Flexibility Analysis Required: Yes. Agency Contact: Caroleene Paul, Project Manager, Directorate for Engineering Sciences, Consumer Product Safety Commission, National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850, Phone: 301 987–2225, Email: cpaul@ cpsc.gov. RIN: 3041–AC78 CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Completed Actions 274. Standard for Sling Carriers Legal Authority: Pub. L. 110–314, sec. 104 Abstract: Section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) requires the Commission to issue consumer product safety standards for durable infant or toddler products. The Commission is directed to assess the effectiveness of applicable E:\FR\FM\24AUP23.SGM 24AUP23 40396 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda voluntary standards, and in accordance with the Administrative Procedure Act, promulgate consumer product safety standards that are substantially the same as the voluntary standard, or more stringent than the voluntary standard if the Commission determines that more stringent standards would further reduce the risk of injury associated with the product. The CPSIA requires that not later than August 14, 2009, the Commission begin rulemaking for at least two categories of durable infant or toddler products and promulgate two such standards every six months thereafter. The Commission proposed a consumer product safety standard for infant sling carriers as part of this series of standards for durable infant and toddler products. On June 13, 2014, staff sent an NPRM briefing package to the Commission. The Commission voted to approve publication of the NPRM in the Federal Register. The NPRM was published in the Federal Register on July 23, 2014. Following review of the comments, staff prepared a Final Rule briefing package for the Commission’s consideration. On January 11, 2017, the Commission voted to publish a Final Rule. The Final Rule was published in the Federal Register on January 30, 2017 (82 FR 8671). Timetable: Action Date mstockstill on DSK30JT082PROD with PROPOSAL23 Staff Sends NPRM Briefing Package to the Commission. Commission Decision to Publish NPRM. NPRM .................. NPRM Comment Period End. Staff Sent Final Rule Briefing Package to Commission. Commission Decision to Publish Final Rule. Final Rule ............ FR Cite 06/13/14 07/09/14 Action 07/23/14 10/06/14 79 FR 42724 12/21/16 01/11/17 01/30/17 82 FR 8671 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Alice Thaler, Project Manager, Directorate for Engineering Sciences, Consumer Product Safety Commission, National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850, Phone: 301 987–2240, Email: athaler@cpsc.gov. RIN: 3041–AD28 275. Standard for Infant Bath Tubs Legal Authority: Pub. L. 110–314 sec. 104 VerDate Sep<11>2014 Abstract: Section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) requires the Commission to issue consumer product safety standards for durable infant or toddler products. The Commission is directed to assess the effectiveness of applicable voluntary standards and, in accordance with the Administrative Procedure Act, promulgate consumer product safety standards that are substantially the same as the voluntary standard or more stringent than the voluntary standard if the Commission determines that more stringent standards would further reduce the risk of injury associated with the product. The CPSIA requires that not later than August 14, 2009, the Commission begin rulemaking for at least two categories of durable infant or toddler products and promulgate two such standards every 6 months thereafter. The Commission proposed a consumer product safety standard for infant baths as part of this series of standards for durable infant and toddler products. Staff submitted an NPRM briefing package for Commission consideration on July 31, 2015. The Commission approved publication of the draft NPRM in the Federal Register, and the NPRM was published on August 14, 2015. Staff submitted a Final Rule briefing package to the Commission on March 15, 2017 for consideration. On March 24, 2017, the Commission voted to approve publication of the final rule. The Final Rule was published on March 30, 2017, and becomes effective on October 2, 2017. Timetable: 18:25 Aug 23, 2017 Jkt 241001 Date Staff Sends NPRM Briefing Package to Commission. Commission Decision. NPRM .................. NPRM Comment Period End. Staff Sent Final Rule Briefing Package to Commission. Commission Decision. Final Rule ............ Final Rule Effective. FR Cite 07/22/15 07/31/15 08/14/15 10/28/15 80 FR 48769 03/15/17 03/24/17 03/30/17 10/02/17 82 FR 15615 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Celestine Kish, Project Manager, Directorate for Engineering Sciences, Consumer Product Safety Commission, National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850, PO 00000 Frm 00006 Fmt 4701 Sfmt 9990 Phone: 301 987–2547, Email: ckish@ cpsc.gov. RIN: 3041–AD37 276. Rule Review of: Standard for the Flammability (Open Flame) of Mattress Sets (Completion of a Section 610 Review) Legal Authority: 5 U.S.C. 1193, Flammable Fabrics Act; 5 U.S.C. 610, Regulatory Flexibility Act Abstract: The Commission published the Standard for the Flammability (Open Flame) of Mattress Sets in March 2006. The Standard sets open flame performance measures on all mattress sets entered into commerce on or after the effective date in July 2007. The purpose of the rule review is to assess the impact of the rule on small entities and to determine whether the rule should be continued without change, or should be amended or rescinded to make the rule more effective or less burdensome while still maintaining safety objectives. CPSC staff solicited comments on the rule through a Federal Register Notice. Staff also conducted economic and fire loss data analyses to review the impact and effectiveness of the rule. Staff submitted a briefing package to the Commission on November 9, 2016. A Notice of Availability of the rule review was published in the Federal Register on December 19, 2016. Timetable: Action Notice for Comment Published in the Federal Register. Comment Period End. Staff Sends Briefing Package to Commission. Notice of Availability Published in the Federal Register. Date 04/03/15 FR Cite 80 FR 18218 06/02/15 11/09/16 12/19/16 81 FR 91923 Regulatory Flexibility Analysis Required: No. Agency Contact: Lisa Scott, Project Manager, Directorate for Laboratory Sciences, Consumer Product Safety Commission, National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850, Phone: 301 987–2064, Email: lscott@cpsc.gov. RIN: 3041–AD47 [FR Doc. 2017–16982 Filed 8–23–17; 8:45 am] BILLING CODE 6355–01–P E:\FR\FM\24AUP23.SGM 24AUP23

Agencies

[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Unknown Section]
[Pages 40392-40396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16982]



[[Page 40391]]

Vol. 82

Thursday,

No. 163

August 24, 2017

Part XXIII





Consumer Product Safety Commission





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Semiannual Regulatory Agenda

Federal Register / Vol. 82 , No. 163 / Thursday, August 24, 2017 / 
Unified Agenda

[[Page 40392]]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Ch. II


Semiannual Regulatory Agenda

AGENCY: U.S. Consumer Product Safety Commission.

ACTION: Semiannual regulatory agenda.

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SUMMARY: In this document, the Commission publishes its semiannual 
regulatory flexibility agenda. In addition, this document includes an 
agenda of regulatory actions that the Commission expects to be under 
development or review by the agency during the next year. This document 
meets the requirements of the Regulatory Flexibility Act and Executive 
Order 12866. The Commission welcomes comments on the agenda and on the 
individual agenda entries.

DATES: Comments should be received in the Office of the Secretary on or 
before September 25, 2017.

ADDRESSES: Comments on the regulatory flexibility agenda should be 
captioned, ``Regulatory Flexibility Agenda,'' and submitted by email to 
cpsc-os@cpsc.gov. Comments may also be mailed or delivered to the 
Office of the Secretary, U.S. Consumer Product Safety Commission, Room 
820, 4330 East West Highway, Bethesda, MD 20814-4408.

FOR FURTHER INFORMATION CONTACT: For further information on the agenda 
in general, contact Charu Krishnan, Directorate for Economic Analysis, 
U.S. Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814-4408; ckrishnan@cpsc.gov. For further information 
regarding a particular item on the agenda, consult the individual 
listed in the column headed ``Contact'' for that particular item.

SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (RFA) (5 
U.S.C. 601 to 612) contains several provisions intended to reduce 
unnecessary and disproportionate regulatory requirements on small 
businesses, small governmental organizations, and other small entities. 
Section 602 of the RFA (5 U.S.C. 602) requires each agency to publish, 
twice each year, a regulatory flexibility agenda containing a brief 
description of the subject area of any rule expected to be proposed or 
promulgated, which is likely to have a ``significant economic impact'' 
on a ``substantial number'' of small entities. The agency must also 
provide a summary of the nature of the rule and a schedule for acting 
on each rule for which the agency has issued a notice of proposed 
rulemaking.
    The regulatory flexibility agenda also is required to contain the 
name and address of the agency official knowledgeable about the items 
listed. Furthermore, agencies are required to provide notice of their 
agendas to small entities and to solicit their comments by direct 
notification or by inclusion in publications likely to be obtained by 
such entities.
    Additionally, Executive Order 12866 requires each agency to 
publish, twice each year, a regulatory agenda of regulations under 
development or review during the next year, and the executive order 
states that such an agenda may be combined with the agenda published in 
accordance with the RFA. The regulatory flexibility agenda lists the 
regulatory activities expected to be under development or review during 
the next 12 months. It includes all such activities, whether or not 
they may have a significant economic impact on a substantial number of 
small entities. This agenda also includes regulatory activities that 
appeared in the fall 2016 agenda and have been completed by the 
Commission prior to publication of this agenda. Although CPSC, as an 
independent regulatory agency, is not required to comply with Executive 
Orders, the Commission does follow Executive Order 12866 with respect 
to the publication of its regulatory agenda.
    The agenda contains a brief description and summary of each 
regulatory activity, including the objectives and legal basis for each; 
an approximate schedule of target dates, subject to revision, for the 
development or completion of each activity; and the name and telephone 
number of a knowledgeable agency official concerning particular items 
on the agenda.
    The Internet is the basic means through which the Unified Agenda is 
disseminated. The complete Unified Agenda will be available online at: 
www.reginfo.gov, in a format that offers users the ability to obtain 
information from the Agenda database.
    Because publication in the Federal Register is mandated for the 
regulatory flexibility agendas required by the Regulatory Flexibility 
Act (5 U.S.C. 602), the Commission's printed agenda entries include 
only:
    (1) Rules that are in the agency's regulatory flexibility agenda, 
in accordance with the Regulatory Flexibility Act because they are 
likely to have a significant economic impact on a substantial number of 
small entities; and
    (2) Rules that the agency has identified for periodic review under 
section 610 of the Regulatory Flexibility Act.
    Printing of these entries is limited to fields that contain 
information required by the Regulatory Flexibility Act's agenda 
requirements. Additional information on these entries is available in 
the Unified Agenda published on the Internet.
    The agenda reflects an assessment of the likelihood that the 
specified event will occur during the next year; the precise dates for 
each rulemaking are uncertain. New information, changes of 
circumstances, or changes in law may alter anticipated timing. In 
addition, no final determination by staff or the Commission regarding 
the need for, or the substance of, any rule or regulation should be 
inferred from this agenda.

Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.

         Consumer Product Safety Commission--Proposed Rule Stage
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
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269.......................  Regulatory Options for             3041-AC31
                             Table Saws.
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          Consumer Product Safety Commission--Final Rule Stage
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
270.......................  Determinations Regarding           3041-AD59
                             Third Party Testing of
                             Phthalates In Four
                             Specified Plastics.
------------------------------------------------------------------------


[[Page 40393]]


          Consumer Product Safety Commission--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
271.......................  Flammability Standard for          3041-AB35
                             Upholstered Furniture.
272.......................  Portable Generators.......         3041-AC36
273.......................  Recreational Off-Road              3041-AC78
                             Vehicles.
------------------------------------------------------------------------


          Consumer Product Safety Commission--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
274.......................  Standard for Sling                 3041-AD28
                             Carriers.
275.......................  Standard for Infant Bath           3041-AD37
                             Tubs.
276.......................  Rule Review of: Standard           3041-AD47
                             for the Flammability
                             (Open Flame) of Mattress
                             Sets (Completion of a
                             Section 610 Review).
------------------------------------------------------------------------


CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Proposed Rule Stage

269. Regulatory Options for Table Saws

    Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2051
    Abstract: On July 11, 2006, the Commission voted to grant a 
petition requesting that the Commission issue a rule prescribing 
performance standards for a system to reduce or prevent injuries from 
contacting the blade of a table saw. The Commission also directed CPSC 
staff to prepare an advance notice of proposed rulemaking (ANPRM) 
initiating a rulemaking proceeding under the Consumer Product Safety 
Act (CPSA) to: (1) Identify the risk of injury associated with table 
saw blade-contact injuries; (2) summarize regulatory alternatives, and 
(3) invite comments from the public. An ANPRM was published on October 
11, 2011. The comment period ended on February 10, 2012. Staff 
participated in the Underwriters Laboratories (UL) working group 
development of performance requirements for table saws, conducted 
performance tests on sample table saws, conducted survey work on blade 
guard use, and evaluated comments to the ANPRM. Staff prepared a 
briefing package with a notice of proposed rulemaking (NPRM) and 
submitted the package to the Commission on January 17, 2017. The 
Commission voted to publish the NPRM and the comment period for the 
NPRM is closing on July 26, 2017.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Commission Decision to Grant           07/11/06
 Petition.
ANPRM...............................   10/11/11  76 FR 62678
Notice of Extension of Time for        12/02/11  76 FR 75504
 Comments.
ANPRM Comment Period End............   12/12/11
Comment Period End..................   02/10/12
Notice to Reopen Comment Period.....   02/15/12  77 FR 8751
Reopened Comment Period End.........   03/16/12
Staff Sent NPRM Briefing Package to    01/17/17
 Commission.
Commission Decision.................   04/27/17
NPRM................................   05/12/17  82 FR 22190
NPRM Comment Period End.............   07/26/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Caroleene Paul, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2225, Email: cpaul@cpsc.gov.
    RIN: 3041-AC31

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Final Rule Stage

270. Determinations Regarding Third Party Testing of Phthalates in Four 
Specified Plastics

    Legal Authority: Sec 3, Pub. L. 110-314, 122 Stat. 3016; 15 U.S.C. 
2063(d)(3)(B)
    Abstract: Section 14(i)(3) of the Consumer Product Safety Act 
requires the Commission to seek opportunities to reduce the cost of 
third party testing requirements consistent with assuring compliance 
with any applicable children's product safety rule. Staff prepared for 
Commission consideration a briefing package with a draft notice of 
proposed rulemaking (NPRM) regarding third party testing of phthalates 
in four specified plastics. The Commission approved the NPRM on August 
9, 2016. After reviewing submitted comments, staff will prepare a final 
rule briefing package for Commission consideration.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff Sends NPRM to the Commission..   08/03/16
Commission Decision.................   08/09/16
NPRM Published in the Federal          08/17/16  81 FR 54754
 Register.
NPRM Comment Period End.............   10/31/16
Staff Sends Final Rule Briefing        09/00/17
 Package to Commission.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Randy Butturini, Project Manager, Office of Hazard 
Identification and Reduction, Consumer Product Safety Commission, 4330 
East West Highway, Bethesda, MD 20814, Phone: 301 504-7562, Email: 
rbutturini@cpsc.gov.
    RIN: 3041-AD59


[[Page 40394]]



CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Long-Term Actions

271. Flammability Standard for Upholstered Furniture

    Legal Authority: 15 U.S.C. 1193; 5 U.S.C. 801
    Abstract: In October 2003, the Commission issued an advance notice 
of proposed rulemaking (ANPRM) to address the risk of fire associated 
with cigarette and small open-flame ignitions of upholstered furniture. 
The Commission published a notice of proposed rulemaking (NPRM) in 
March 2008, and received public comments. The Commission's proposed 
rule would require that upholstered furniture have cigarette-resistant 
fabrics or cigarette-and open flame-resistant barriers. The proposed 
rule would not require flame-resistant chemicals in fabrics or 
fillings. Since the Commission published the NPRM, CPSC staff has 
conducted testing of upholstered furniture, using both full-scale 
furniture and bench-scale models, as proposed in the NPRM. In FY 2016, 
staff was directed to prepare a briefing package summarizing the 
feasibility of adopting California's Technical Bulletin 117-2013 (TB 
117-2013) as a mandatory standard. Currently, staff is working with 
voluntary standards organizations, both ASTM and NFPA, and the 
California Bureau of Electronic and Appliance Repair, Home Furnishings 
and Thermal Insulation (BEARHFTI) to evaluate new provisions and 
improve the existing consensus standards related to upholstered 
furniture flammability. Staff intends to prepare a package with options 
for Commission consideration that includes terminating rulemaking and 
pursuing alternative approaches to address the hazard.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   06/15/94  59 FR 30735
Commission Hearing May 5 & 6, 1998     03/17/98  63 FR 13017
 on Possible Toxicity of Flame-
 Retardant Chemicals.
Meeting Notice......................   03/20/02  67 FR 12916
Notice of Public Meeting............   08/27/03  68 FR 51564
Public Meeting......................   09/24/03
ANPRM...............................   10/23/03  68 FR 60629
ANPRM Comment Period End............   12/22/03
Staff Held Public Meeting...........   10/28/04
Staff Held Public Meeting...........   05/18/05
Staff Sent Status Report to            01/31/06
 Commission.
Staff Sent Status Report to            11/03/06
 Commission.
Staff Sent Status Report to            12/28/06
 Commission.
Staff Sent Options Package to          12/22/07
 Commission.
Commission Decision to Direct Staff    12/27/07
 to Prepare Draft NPRM.
Staff Sent Draft NPRM to Commission.   01/22/08
Commission Decision to Publish NPRM.   02/01/08
NPRM................................   03/04/08  73 FR 11702
NPRM Comment Period End.............   05/19/08
Staff Published NIST Report on         05/19/09
 Standard Test Cigarettes.
Staff Publishes NIST Report on         09/14/12
 Standard Research Foam.
Notice of April 25 Public Meeting      03/20/13  78 FR 17140
 and Request for Comments.
Staff Holds Upholstered Furniture      04/25/13
 Fire Safety Technology Meeting.
Comment Period End..................   07/01/13
Staff Sends Briefing Package to        09/08/16
 Commission on California's TB117-
 2013.
Next Action Undetermined............
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Andrew Lock, Project Manager, Directorate for 
Laboratory Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2099, Email: alock@cpsc.gov.
    RIN: 3041-AB35

272. Portable Generators

    Legal Authority: 15 U.S.C. 2051
    Abstract: On December 5, 2006, the Commission voted to issue an 
advance notice of proposed rulemaking (ANPRM) under the Consumer 
Product Safety Act (CPSA) concerning portable generators. The ANPRM 
discusses regulatory options that could reduce deaths and injuries 
related to portable generators, particularly those involving carbon 
monoxide (CO) poisoning. The ANPRM was published in the Federal 
Register on December 12, 2006. Staff reviewed public comments and 
conducted technical activities. In FY 2006, staff awarded a contract to 
develop a prototype generator engine with reduced CO in the exhaust. 
Also in FY 2006, staff entered into an interagency agreement (IAG) with 
the National Institute of Standards and Technology (NIST) to conduct 
tests with a generator, in both off-the-shelf and prototype 
configurations, operating in the garage attached to NIST's test house. 
NIST's test house, a double-wide manufactured home, is designed for 
conducting residential indoor air quality (IAQ) studies, and the 
scenarios tested are typical of those involving consumer fatalities. 
These tests provide empirical data on CO accumulation in the garage and 
infiltration into the house; staff used these data to evaluate the 
efficacy of the prototype in reducing the risk of fatal or severe CO 
poisoning. Under this IAG, NIST also modeled the CO infiltration from 
the garage under a variety of other conditions, including different 
ambient conditions and longer generator run times. In FY 2009, staff 
entered into a second IAG with NIST with the goal of developing CO 
emission performance requirements for a possible proposed regulation 
that would be based on health effects criteria. In 2011, staff prepared 
a package containing staff and contractor reports on the technology 
demonstration of the low CO emission prototype portable generator. This 
included, among other staff reports, a summary of the prototype 
development and durability results, as well as end-of-life emission 
test results performed on it by an independent emissions laboratory. 
Staff's assessment of the ability of the prototype to reduce the CO 
poisoning hazard was also included. In September 2012, staff released 
this package and solicited comments from stakeholders. In October 2016, 
staff delivered a briefing package with a draft notice of proposed 
rulemaking (NPRM) to the Commission. In November 2016, the Commission 
voted to approve the NPRM. The notice was published in the Federal 
Register on November 21, 2016, with a comment period deadline of 
February 6, 2017. In December 2016, the Commission voted to extend the 
comment period until April 24, 2017 in response to a request to extend 
the comment period an additional 75 days. The Commission held a public 
hearing on March 8, 2017 to provide an

[[Page 40395]]

opportunity for stakeholders to present oral comments on the NPRM. 
Staff will review the comments on the NPRM and begin to prepare a final 
rule briefing package for Commission consideration.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff Sent ANPRM to Commission......   07/06/06
Staff Sent Supplemental Material to    10/12/06
 Commission.
Commission Decision.................   10/26/06
Staff Sent Draft ANPRM to Commission   11/21/06
ANPRM...............................   12/12/06  71 FR 74472
ANPRM Comment Period End............   02/12/07
Staff Releases Research Report for     10/10/12
 Comment.
Staff Sends NPRM Briefing Package to   10/05/16
 Commission.
NPRM................................   11/21/16  81 FR 83556
Public Hearing for Oral Comments....   03/08/17  82 FR 8907
NPRM Comment Period End.............   04/24/17
Staff Sends Draft Final Rule to        09/00/18
 Commission.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Janet L. Buyer, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2293, Email: jbuyer@cpsc.gov.
    RIN: 3041-AC36

273. Recreational Off-Road Vehicles

    Legal Authority: 15 U.S.C. 2056; 15 U.S.C. 2058
    Abstract: The Commission is considering whether recreational off-
road vehicles (ROVs) present an unreasonable risk of injury that should 
be regulated. ROVs are motorized vehicles having four or more low-
pressure tires designed for off-road use and intended by the 
manufacturer primarily for recreational use by one or more persons. The 
salient characteristics of an ROV include a steering wheel for steering 
control, foot controls for throttle and braking, bench or bucket seats, 
a roll-over protective structure, and a maximum speed greater than 30 
mph. On October 21, 2009, the Commission voted to publish an advance 
notice of proposed rulemaking (ANPRM) in the Federal Register. The 
ANPRM was published in the Federal Register on October 28, 2009, and 
the comment period ended December 28, 2009. The Commission received two 
letters requesting an extension of the comment period. The Commission 
extended the comment period until March 15, 2010. Staff conducted 
testing and evaluation programs to develop performance requirements 
addressing vehicle stability, vehicle handling, and occupant 
protection. On October 29, 2014, the Commission voted to publish an 
NPRM proposing standards addressing vehicle stability, vehicle 
handling, and occupant protection. The NPRM was published in the 
Federal Register on November 19, 2014. On January 23, 2015, the 
Commission published a notice of extension of the comment period for 
the NPRM, extending the comment period to April 8, 2015. The Omnibus 
Appropriations Bill provides that during fiscal year 2016, none of the 
amounts made available by the Appropriations Bill may be used to 
finalize or implement the Safety Standard for Recreational Off-Highway 
Vehicles published by the CPSC in the Federal Register on November 19, 
2014 (79 FR 68964) (ROV NPRM) until after the National Academy of 
Sciences completes a study to determine specific information as set 
forth in the Appropriations Bill. Staff ceased work on a Final Rule 
briefing package in FY 15 and instead engaged the Recreational Off-
Highway Vehicle Association (ROHVA) and Outdoor Power Equipment 
Institute (OPEI) in the development of voluntary standards for ROVs. 
Staff conducted dynamic and static tests on ROVs, shared test results 
with ROHVA and OPEI, and participated in the development of revised 
voluntary standards to address staff's concerns with vehicle stability, 
vehicle handling, and occupant protection. The voluntary standards for 
ROVs were revised and published in 2016 (ANSI/ROHVA 1-2016 and ANSI/
OPEI B71.9-2016). Staff assessed the new voluntary standard 
requirements and prepared a termination of rulemaking briefing package 
that was submitted to the Commission on November 22, 2016. The 
Commission voted not to terminate the rulemaking associated with ROVs.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff Sends ANPRM Briefing Package     10/07/09
 to Commission.
Commission Decision.................   10/21/09
ANPRM...............................   10/28/09  74 FR 55495
ANPRM Comment Period Extended.......   12/22/09  74 FR 67987
Extended Comment Period End.........   03/15/10
Staff Sends NPRM Briefing Package to   09/24/14
 Commission.
Staff Sends Supplemental Information   10/17/14
 on ROVs to Commission.
Commission Decision.................   10/29/14
NPRM Published in Federal Register..   11/19/14  79 FR 68964
NPRM Comment Period Extended........   01/23/15  80 FR 3535
Extended Comment Period End.........   04/08/15
Staff Sends Briefing Package           11/22/16
 Assessing Voluntary Standards to
 Commission.
Commission Decision Not to Terminate   01/25/17
                                     -----------------------------------
Staff is Evaluating Voluntary                  To Be Determined
 Standards.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Caroleene Paul, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2225, Email: cpaul@cpsc.gov.
    RIN: 3041-AC78

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Completed Actions

274. Standard for Sling Carriers

    Legal Authority: Pub. L. 110-314, sec. 104
    Abstract: Section 104 of the Consumer Product Safety Improvement 
Act of 2008 (CPSIA) requires the Commission to issue consumer product 
safety standards for durable infant or toddler products. The Commission 
is directed to assess the effectiveness of applicable

[[Page 40396]]

voluntary standards, and in accordance with the Administrative 
Procedure Act, promulgate consumer product safety standards that are 
substantially the same as the voluntary standard, or more stringent 
than the voluntary standard if the Commission determines that more 
stringent standards would further reduce the risk of injury associated 
with the product. The CPSIA requires that not later than August 14, 
2009, the Commission begin rulemaking for at least two categories of 
durable infant or toddler products and promulgate two such standards 
every six months thereafter. The Commission proposed a consumer product 
safety standard for infant sling carriers as part of this series of 
standards for durable infant and toddler products. On June 13, 2014, 
staff sent an NPRM briefing package to the Commission. The Commission 
voted to approve publication of the NPRM in the Federal Register. The 
NPRM was published in the Federal Register on July 23, 2014. Following 
review of the comments, staff prepared a Final Rule briefing package 
for the Commission's consideration. On January 11, 2017, the Commission 
voted to publish a Final Rule. The Final Rule was published in the 
Federal Register on January 30, 2017 (82 FR 8671).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff Sends NPRM Briefing Package to   06/13/14
 the Commission.
Commission Decision to Publish NPRM.   07/09/14
NPRM................................   07/23/14  79 FR 42724
NPRM Comment Period End.............   10/06/14
Staff Sent Final Rule Briefing         12/21/16
 Package to Commission.
Commission Decision to Publish Final   01/11/17
 Rule.
Final Rule..........................   01/30/17  82 FR 8671
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Alice Thaler, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2240, Email: athaler@cpsc.gov.
    RIN: 3041-AD28

275. Standard for Infant Bath Tubs

    Legal Authority: Pub. L. 110-314 sec. 104
    Abstract: Section 104 of the Consumer Product Safety Improvement 
Act of 2008 (CPSIA) requires the Commission to issue consumer product 
safety standards for durable infant or toddler products. The Commission 
is directed to assess the effectiveness of applicable voluntary 
standards and, in accordance with the Administrative Procedure Act, 
promulgate consumer product safety standards that are substantially the 
same as the voluntary standard or more stringent than the voluntary 
standard if the Commission determines that more stringent standards 
would further reduce the risk of injury associated with the product. 
The CPSIA requires that not later than August 14, 2009, the Commission 
begin rulemaking for at least two categories of durable infant or 
toddler products and promulgate two such standards every 6 months 
thereafter. The Commission proposed a consumer product safety standard 
for infant baths as part of this series of standards for durable infant 
and toddler products. Staff submitted an NPRM briefing package for 
Commission consideration on July 31, 2015. The Commission approved 
publication of the draft NPRM in the Federal Register, and the NPRM was 
published on August 14, 2015. Staff submitted a Final Rule briefing 
package to the Commission on March 15, 2017 for consideration. On March 
24, 2017, the Commission voted to approve publication of the final 
rule. The Final Rule was published on March 30, 2017, and becomes 
effective on October 2, 2017.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff Sends NPRM Briefing Package to   07/22/15
 Commission.
Commission Decision.................   07/31/15
NPRM................................   08/14/15  80 FR 48769
NPRM Comment Period End.............   10/28/15
Staff Sent Final Rule Briefing         03/15/17
 Package to Commission.
Commission Decision.................   03/24/17
Final Rule..........................   03/30/17  82 FR 15615
Final Rule Effective................   10/02/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Celestine Kish, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2547, Email: ckish@cpsc.gov.
    RIN: 3041-AD37

276. Rule Review of: Standard for the Flammability (Open Flame) of 
Mattress Sets (Completion of a Section 610 Review)

    Legal Authority: 5 U.S.C. 1193, Flammable Fabrics Act; 5 U.S.C. 
610, Regulatory Flexibility Act
    Abstract: The Commission published the Standard for the 
Flammability (Open Flame) of Mattress Sets in March 2006. The Standard 
sets open flame performance measures on all mattress sets entered into 
commerce on or after the effective date in July 2007. The purpose of 
the rule review is to assess the impact of the rule on small entities 
and to determine whether the rule should be continued without change, 
or should be amended or rescinded to make the rule more effective or 
less burdensome while still maintaining safety objectives. CPSC staff 
solicited comments on the rule through a Federal Register Notice. Staff 
also conducted economic and fire loss data analyses to review the 
impact and effectiveness of the rule. Staff submitted a briefing 
package to the Commission on November 9, 2016. A Notice of Availability 
of the rule review was published in the Federal Register on December 
19, 2016.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice for Comment Published in the    04/03/15  80 FR 18218
 Federal Register.
Comment Period End..................   06/02/15
Staff Sends Briefing Package to        11/09/16
 Commission.
Notice of Availability Published in    12/19/16  81 FR 91923
 the Federal Register.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Lisa Scott, Project Manager, Directorate for 
Laboratory Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2064, Email: lscott@cpsc.gov.
    RIN: 3041-AD47

[FR Doc. 2017-16982 Filed 8-23-17; 8:45 am]
 BILLING CODE 6355-01-P
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