Semiannual Regulatory Agenda, 1974-1977 [2017-28243]
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1974
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / 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
February 12, 2018.
ADDRESSES: Comments on the regulatory
flexibility agenda should be captioned,
‘‘Regulatory Flexibility Agenda,’’ and
emailed 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
SUMMARY:
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 spring 2017 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 regarding 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.
Dated: September 18, 2017.
Alberta E. Mills,
Acting Secretary, Consumer Product Safety
Commission.
CONSUMER PRODUCT SAFETY COMMISSION—LONG-TERM ACTIONS
sradovich on DSK3GMQ082PROD with PROPOSALS
Sequence No.
394
395
396
397
....................
....................
....................
....................
VerDate Sep<11>2014
Regulation
Identifier No.
Title
Flammability Standard for Upholstered Furniture ............................................................................................
Regulatory Options for Table Saws .................................................................................................................
Portable Generators .........................................................................................................................................
Recreational Off-Road Vehicles .......................................................................................................................
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3041–AB35
3041–AC31
3041–AC36
3041–AC78
1975
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda
CONSUMER PRODUCT SAFETY COMMISSION—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
398 ....................
Prohibition of Children’s Toys and Child Care Articles Containing Specified Phthalates: Determinations
Regarding Certain Plastics.
rulemaking, pursuing alternative
approaches to address the hazard and/
or continuing with voluntary standards
development.
Timetable:
CONSUMER PRODUCT SAFETY
COMMISSION (CPSC)
Long-Term Actions
sradovich on DSK3GMQ082PROD with PROPOSALS
394. Flammability Standard for
Upholstered Furniture
E.O. 13771 Designation: Independent
agency.
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. Staff submitted this briefing
package to the Commission in
September 2016 with staff suggestions
to continue further development of the
ASTM and NFPA voluntary standards.
In the FY 2017 Operating Plan, the
Commission directed staff to work with
the California Bureau of Electronic and
Appliance Repair, Home Furnishings
and Thermal Insulation (BEARHFTI) as
well as voluntary standards
development organizations, to improve
upon and further refine the technical
aspects of TB 117–2013.
Currently, staff is working with
voluntary standards organizations, both
ASTM and NFPA, and BEARHFTI to
evaluate new provisions and improve
the existing consensus standards related
to upholstered furniture flammability.
Depending upon progress of the various
standards, in FY 2019, staff plans to
prepare a briefing package with options
for Commission consideration that
includes continuing with or terminating
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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.
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.
PO 00000
Frm 00003
06/15/94
03/17/98
03/20/02
08/27/03
09/24/03
10/23/03
12/22/03
FR Cite
59 FR 30735
63 FR 13017
67 FR 12916
68 FR 51564
68 FR 60629
10/28/04
05/18/05
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
Fmt 4701
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78 FR 17140
Action
Staff Holds Upholstered Furniture
Fire Safety
Technology
Meeting.
Comment Period
End.
Staff Sends Briefing Package to
Commission on
California’s TB
117–2013.
Staff Updates Options Package
to Commission.
Date
3041–AD59
FR Cite
04/25/13
07/01/13
09/08/16
To Be Determined
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
395. Regulatory Options for Table Saws
E.O. 13771 Designation: Independent
agency.
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 to develop 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
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Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda
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 closed on July 26,
2017. Public oral testimony to the
Commission was heard on August 9,
2017. Staff plans to prepare a Final Rule
briefing package for Commission
consideration in FY 2019.
Timetable:
Action
Date
Commission Decision to Grant
Petition.
ANPRM ...............
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 ..................
07/11/06
NPRM Comment
Period End.
Public Hearing .....
FR Cite
07/26/17
Staff Sends Draft
Final Rule Briefing Package to
Commission.
10/11/11
12/02/11
76 FR 62678
76 FR 75504
12/12/11
02/10/12
02/15/12
77 FR 8751
03/16/12
01/17/17
04/27/17
05/12/17
08/09/17
82–FR
22190
82 FR 31035
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–AC31
sradovich on DSK3GMQ082PROD with PROPOSALS
396. Portable Generators
E.O. 13771 Designation: Independent
agency.
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
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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
the generator 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
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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
in FY 2019. Staff continues to work on
voluntary standards.
Timetable:
Action
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 ..................
NPRM Comment
Period Extended.
Public Hearing for
Oral Comments.
NPRM Comment
Period End.
Staff Sends Final
Rule Briefing
Package to
Commission.
Date
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
12/13/16
81 FR 83556
81 FR 89888
03/08/17
82 FR 8907
04/24/17
To Be Determined
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
397. Recreational Off-Road Vehicles
E.O. 13771 Designation: Independent
agency.
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
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Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda
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 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 2015 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
VerDate Sep<11>2014
20:09 Jan 11, 2018
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voted not to terminate the rulemaking
associated with ROVs.
Timetable:
Action
Date
Staff Sends
ANPRM Briefing Package to
Commission.
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.
FR Cite
10/07/09
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
Completed Actions
398. Prohibition of Children’s Toys and
Child Care Articles Containing
Specified Phthalates: Determinations
Regarding Certain Plastics
E.O. 13771 Designation: Independent
agency.
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.
The Commission approved the rule on
August 24, 2017, and the rule published
in the Federal Register on August 30,
2017. The effective date will be
September 29, 2017.
Timetable:
04/08/15
Action
11/22/16
01/25/17
Staff is Evaluating
Voluntary
Standards.
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
PO 00000
CONSUMER PRODUCT SAFETY
COMMISSION (CPSC)
Staff Sent NPRM
to the Commission.
Commission Decision.
NPRM Published
in the Federal
Register.
NPRM Comment
Period End.
Staff Sent Final
Rule Briefing
Package to
Commission.
Commission Approved Final
Rule.
Final Rule ............
Final Rule Effective.
Date
FR Cite
08/03/16
08/09/16
08/17/16
81 FR 54754
10/31/16
08/16/17
08/24/17
08/30/17
09/29/17
82 FR 41163
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
[FR Doc. 2017–28243 Filed 1–11–18; 8:45 am]
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[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Unknown Section]
[Pages 1974-1977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28243]
[[Page 1973]]
Vol. 83
Friday,
No. 9
January 12, 2018
Part XXII
Consumer Product Safety Commission
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Semiannual Regulatory Agenda
Federal Register / Vol. 83 , No. 9 / Friday, January 12, 2018 /
Unified Agenda
[[Page 1974]]
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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.
-----------------------------------------------------------------------
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 February 12, 2018.
ADDRESSES: Comments on the regulatory flexibility agenda should be
captioned, ``Regulatory Flexibility Agenda,'' and emailed to: [email protected]. 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; [email protected]. 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 spring 2017 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 regarding 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.
Dated: September 18, 2017.
Alberta E. Mills,
Acting Secretary, Consumer Product Safety Commission.
Consumer Product Safety Commission--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
394....................... Flammability Standard for 3041-AB35
Upholstered Furniture.
395....................... Regulatory Options for 3041-AC31
Table Saws.
396....................... Portable Generators....... 3041-AC36
397....................... Recreational Off-Road 3041-AC78
Vehicles.
------------------------------------------------------------------------
[[Page 1975]]
Consumer Product Safety Commission--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
398....................... Prohibition of Children's 3041-AD59
Toys and Child Care
Articles Containing
Specified Phthalates:
Determinations Regarding
Certain Plastics.
------------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
Long-Term Actions
394. Flammability Standard for Upholstered Furniture
E.O. 13771 Designation: Independent agency.
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. Staff submitted this briefing
package to the Commission in September 2016 with staff suggestions to
continue further development of the ASTM and NFPA voluntary standards.
In the FY 2017 Operating Plan, the Commission directed staff to work
with the California Bureau of Electronic and Appliance Repair, Home
Furnishings and Thermal Insulation (BEARHFTI) as well as voluntary
standards development organizations, to improve upon and further refine
the technical aspects of TB 117-2013.
Currently, staff is working with voluntary standards organizations,
both ASTM and NFPA, and BEARHFTI to evaluate new provisions and improve
the existing consensus standards related to upholstered furniture
flammability. Depending upon progress of the various standards, in FY
2019, staff plans to prepare a briefing package with options for
Commission consideration that includes continuing with or terminating
rulemaking, pursuing alternative approaches to address the hazard and/
or continuing with voluntary standards development.
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 TB 117-
2013.
-----------------------------------
Staff Updates Options Package to To Be Determined
Commission.
------------------------------------------------------------------------
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: [email protected].
RIN: 3041-AB35
395. Regulatory Options for Table Saws
E.O. 13771 Designation: Independent agency.
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 to
develop 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
[[Page 1976]]
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 closed on July 26,
2017. Public oral testimony to the Commission was heard on August 9,
2017. Staff plans to prepare a Final Rule briefing package for
Commission consideration in FY 2019.
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 .......................
Public Hearing...................... 08/09/17 82 FR 31035
-----------------------------------
Staff Sends Draft Final Rule To Be Determined
Briefing Package to Commission.
------------------------------------------------------------------------
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: [email protected].
RIN: 3041-AC31
396. Portable Generators
E.O. 13771 Designation: Independent agency.
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 the generator 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
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 in FY 2019. Staff
continues to work on voluntary standards.
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
NPRM Comment Period Extended........ 12/13/16 81 FR 89888
Public Hearing for Oral Comments.... 03/08/17 82 FR 8907
NPRM Comment Period End............. 04/24/17 .......................
-----------------------------------
Staff Sends Final Rule Briefing To Be Determined
Package to 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: [email protected].
RIN: 3041-AC36
397. Recreational Off-Road Vehicles
E.O. 13771 Designation: Independent agency.
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
[[Page 1977]]
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 2015 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: [email protected].
RIN: 3041-AC78
CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
Completed Actions
398. Prohibition of Children's Toys and Child Care Articles Containing
Specified Phthalates: Determinations Regarding Certain Plastics
E.O. 13771 Designation: Independent agency.
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. The Commission approved the rule on August 24, 2017, and the
rule published in the Federal Register on August 30, 2017. The
effective date will be September 29, 2017.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Staff Sent 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 Sent Final Rule Briefing 08/16/17 .......................
Package to Commission.
Commission Approved Final Rule...... 08/24/17 .......................
Final Rule.......................... 08/30/17 82 FR 41163
Final Rule Effective................ 09/29/17 .......................
------------------------------------------------------------------------
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:
[email protected].
RIN: 3041-AD59
[FR Doc. 2017-28243 Filed 1-11-18; 8:45 am]
BILLING CODE 6355-01-P
