Semiannual Regulatory Agenda, 58123-58128 [2018-24065]
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Vol. 83
Friday,
No. 222
November 16, 2018
Part XXIII
Consumer Product Safety Commission
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Semiannual Regulatory Agenda
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Federal Register / Vol. 83, No. 222 / Friday, November 16, 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
December 17, 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 Division of the
Secretariat, 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 Adrienne Layton,
Directorate for Health Sciences, U.S.
Consumer Product Safety Commission,
5 Research Place, Rockville MD 20805,
email: alayton@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 2018 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: July 25, 2018.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
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CONSUMER PRODUCT SAFETY COMMISSION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
435 ....................
436 ....................
437 ....................
Flammability Standard for Upholstered Furniture ............................................................................................
Regulatory Options for Table Saws (Reg Plan Seq No. 173) ........................................................................
Portable Generators (Reg Plan Seq No. 174) ................................................................................................
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
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3041–AC31
3041–AC36
Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Unified Agenda
58125
CONSUMER PRODUCT SAFETY COMMISSION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
438 ....................
Recreational Off-Road Vehicles .......................................................................................................................
3041–AC78
CONSUMER PRODUCT SAFETY COMMISSION—COMPLETED ACTIONS
Sequence No.
439
440
441
442
....................
....................
....................
....................
Standard for High Chairs .................................................................................................................................
Standard for Baby Changing Products ............................................................................................................
Standard for Booster Seats .............................................................................................................................
Determinations Regarding Third Party Testing of Manufactured Wood .........................................................
CONSUMER PRODUCT SAFETY
COMMISSION (CPSC)
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Final Rule Stage
435. 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 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 developing 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
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Identifier No.
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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 status report on recent
activities.
Timetable:
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.
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03/17/98
FR Cite
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
01/31/06
12/28/06
12/22/07
12/27/07
FR Cite
05/19/09
09/14/12
03/20/13
78 FR 17140
04/25/13
07/01/13
09/08/16
09/00/19
436. Regulatory Options for Table Saws
Regulatory Plan: This entry is Seq.
No. 173 in part II of this issue of the
Federal Register.
RIN: 3041–AC31
01/22/08
02/01/08
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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 TB
117–2013.
Staff Sends Status Briefing
Package to the
Commission.
Date
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
11/03/06
03/04/08
05/19/08
Action
3041–AD33
3041–AD48
3041–AD58
3041–AD63
73 FR 11702
Sfmt 4702
437. Portable Generators
Regulatory Plan: This entry is Seq.
No. 174 in part II of this issue of the
Federal Register.
RIN: 3041–AC36
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CONSUMER PRODUCT SAFETY
COMMISSION (CPSC)
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Long-Term Actions
438. 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
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. Congress directed in fiscal year
2016 and reaffirmed in subsequent fiscal
year appropriations, that 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
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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. Staff continues to
monitor and participate in voluntary
standards activity related to 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.
10/07/09
10/21/09
10/28/09
12/22/09
Frm 00004
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
Staff is Evaluating
Voluntary
Standards.
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To Be Determined
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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
439. Standard for High Chairs
E.O. 13771 Designation: Independent
agency.
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 six months
thereafter. On October 7, 2015, CPSC
sent a notice of proposed rulemaking
(NPRM) briefing package for high chairs
to the Commission for consideration, as
part of this series of standards for
durable infant and toddler products.
The proposed standard was based on
ASTM F404–15, Standard Consumer
Safety Specification for High Chairs,
with additions. On October 30, 2015,
the Commission voted to approve
publication of the NPRM in the Federal
Register . The Commission published
the NPRM in the Federal Register on
November 9, 2015. On January 21, 2016,
the Commission published a correction
to the NPRM, correcting an error in the
proposed regulatory text. The comment
period closed on January 25, 2016.
Staff reviewed the comments received
and on May 30, 2018, sent a draft final
rule briefing package for high chairs to
the Commission for consideration. The
draft incorporated by reference ASTM
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F404–18, Standard Consumer Safety
Specifications for High Chairs, as the
mandatory federal safety standard for
high chairs, with no modifications. The
updated standard included the changes
the Commission proposed in the NPRM.
On June 8, 2018, the Commission voted
unanimously to approve publication of
the final rule in the Federal Register.
The Commission published the final
rule in the Federal Register on June 19,
2018. The rule will take effect on June
19, 2019.
Timetable:
Action
Date
Staff Sends
NPRM Briefing
Package to
Commission.
Commission Decision.
NPRM ..................
NPRM Correction
NPRM Comment
Period End.
Staff Sends Final
Rule Briefing
Package to
Commission.
Commission Decision.
Final Rule ............
Final Rule Effective.
FR Cite
10/07/15
10/30/15
11/09/15
01/21/16
01/25/16
80 FR 69144
81 FR 3354
05/30/18
06/08/18
06/19/18
06/19/19
83 FR 29358
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Stefanie Marques,
Project Manager, Division of
Pharmacology and Physiology
Assessment, Consumer Product Safety
Commission, National Product Testing
and Evaluation Center, 5 Research
Place, Rockville, MD 20850, Phone: 301
987–2581, Email: smarques@cpsc.gov.
RIN: 3041–AD33
440. Standard for Baby Changing
Products
E.O. 13771 Designation: Independent
agency
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
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the product. The CPSIA requires that no
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. On August 17, 2016, CPSC
staff sent a notice of proposed
rulemaking (NPRM) briefing package for
baby changing products to the
Commission for consideration as part of
this series of standards for durable
infant or toddler products. The
proposed standard was based on
ASTMF 2388–16, Standard Consumer
Safety Specification for Baby Changing
Tables for Domestic Use, with additions.
On September 14, 2016, the
Commission held a public decisional
meeting to consider the NPRM briefing
package, at which the Commission
voted to approve publication of the
NPRM in the Federal Register. The
Commission published the NPRM in the
Federal Register on September 29, 2016.
The comment period ended on
December 13, 2016. After reviewing
comments, staff sent a draft final rule
briefing package to the Commission on
June 13, 2018. The draft final rule
incorporated by reference ASTM
F2388–18, Standard Consumer Safety
Specification for Baby Changing
Products for Domestic Use, without
changes. The updated standard
included the changes the Commission
proposed in the NPRM. On June 19,
2018, the Commission voted
unanimously to approve publication of
the final rule in the Federal Register.
The Commission published the final
rule in the Federal Register on June 26,
2018. The final rule will take effect on
June 26, 2019.
Timetable:
Action
Date
Staff Sends
NPRM Briefing
Package to
Commission.
Commission Decision.
NPRM ..................
NPRM Comment
Period End.
Staff Sends Final
Rule Briefing
Package to
Commission.
Commission Decision.
Final Rule ............
Final Rule Effective.
FR Cite
08/17/16
09/14/16
09/29/16
12/13/16
81 FR 66881
06/13/18
06/19/18
06/26/18
06/26/19
83 FR 29672
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Mark Kumagai,
Project Manager, Directorate for
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Engineering Sciences, Consumer
Product Safety Commission, National
Product Testing and Evaluation Center,
5 Research Place, Rockville, MD 20850,
Phone: 301 987–2234, Email:
mkumagai@cpsc.gov.
RIN: 3041–AD48
441. Standard for Booster Seats
E.O. 13771 Designation: Independent
agency.
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 no
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
booster seats as part of this series of
standards for durable infant and toddler
products that was published in the
Federal Register on May 19, 2017. The
comment period closed on August 2,
2017. Staff prepared a final rule briefing
package for Commission consideration.
On June 26, 2018, The Commission
voted to approve the final rule. The
Commission published the final rule in
the Federal Register on July 2, 2018.
The final rule will take effect on January
2, 2020.
Timetable:
Action
Staff Sends
NPRM Briefing
Package to
Commission.
Commission Decision.
NPRM ..................
NPRM Comment
Period End.
Staff Sends Final
Rule Briefing
Package to
Commission.
Commission Decision.
Final Rule ............
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Date
FR Cite
05/03/17
05/09/17
05/19/17
08/02/17
82 FR 22925
06/20/18
06/26/18
07/02/18
83 FR 30849
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Action
Date
Final Rule Effective.
FR Cite
01/02/20
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–AD58
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442. Determinations Regarding Third
Party Testing of Manufactured Wood
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
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reduce the cost of third party testing
requirements consistent with assuring
compliance with any applicable
children’s product safety rule. Staff
prepared a briefing package for
Commission consideration with a draft
notice of proposed rulemaking (NPRM)
regarding third party testing of certain
manufactured wood/engineered wood
products for lead, the ASTM F963
elements, and the specified phthalates.
The comment period ended on
December 27, 2017. On June 6, 2018,
staff sent a final rule briefing package to
the Commission. On June 15, 2018, the
Commission voted to approve
publication of the final rule in the
Federal Register, which published on
June 22, 2018.
Timetable:
Action
Date
Staff Sends
NPRM to Commission.
NPRM ..................
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09/27/17
Action
NPRM Comment
Period End.
Staff Sends
NPRM Briefing
Package to
Commission.
Commission Decision.
Final Rule ............
Final Rule Effective.
Date
FR Cite
12/27/17
06/06/18
06/15/18
06/22/18
07/23/18
83 FR 28983
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jacqueline Campbell,
Project Manager, Directorate for
Engineering Sciences, Consumer
Product Safety Commission, National
Product Testing and Evaluation Center,
5 Research Place, Rockville, MD 20850,
Phone: 301 987–2024, Email:
jcampbell@cpsc.gov.
RIN: 3041–AD63
[FR Doc. 2018–24065 Filed 11–15–18; 8:45 am]
10/13/17
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]]>Agencies
[Federal Register Volume 83, Number 222 (Friday, November 16, 2018)]
[Unknown Section]
[Pages 58123-58128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24065]
[[Page 58123]]
Vol. 83
Friday,
No. 222
November 16, 2018
Part XXIII
Consumer Product Safety Commission
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Semiannual Regulatory Agenda
Federal Register / Vol. 83 , No. 222 / Friday, November 16, 2018 /
Unified Agenda
[[Page 58124]]
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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 December 17, 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 Division
of the Secretariat, 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 Adrienne Layton, Directorate for Health Sciences,
U.S. Consumer Product Safety Commission, 5 Research Place, Rockville MD
20805, email: [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 2018 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: July 25, 2018.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
Consumer Product Safety Commission--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
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435....................... Flammability Standard for 3041-AB35
Upholstered Furniture.
436....................... Regulatory Options for 3041-AC31
Table Saws (Reg Plan Seq
No. 173).
437....................... Portable Generators (Reg 3041-AC36
Plan Seq No. 174).
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References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
[[Page 58125]]
Consumer Product Safety Commission--Long-Term Actions
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Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
438....................... Recreational Off-Road 3041-AC78
Vehicles.
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Consumer Product Safety Commission--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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439....................... Standard for High Chairs.. 3041-AD33
440....................... Standard for Baby Changing 3041-AD48
Products.
441....................... Standard for Booster Seats 3041-AD58
442....................... Determinations Regarding 3041-AD63
Third Party Testing of
Manufactured Wood.
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CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
Final Rule Stage
435. 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 developing 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 status report on recent activities.
Timetable:
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Action Date FR Cite
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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 Sends Status Briefing Package 09/00/19 .......................
to the Commission.
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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
436. Regulatory Options for Table Saws
Regulatory Plan: This entry is Seq. No. 173 in part II of this
issue of the Federal Register.
RIN: 3041-AC31
437. Portable Generators
Regulatory Plan: This entry is Seq. No. 174 in part II of this
issue of the Federal Register.
RIN: 3041-AC36
[[Page 58126]]
CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
Long-Term Actions
438. 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 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. Congress
directed in fiscal year 2016 and reaffirmed in subsequent fiscal year
appropriations, that 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. Staff continues to monitor and
participate in voluntary standards activity related to ROVs.
Timetable:
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Action Date FR Cite
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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.
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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
439. Standard for High Chairs
E.O. 13771 Designation: Independent agency.
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 six months
thereafter. On October 7, 2015, CPSC sent a notice of proposed
rulemaking (NPRM) briefing package for high chairs to the Commission
for consideration, as part of this series of standards for durable
infant and toddler products. The proposed standard was based on ASTM
F404-15, Standard Consumer Safety Specification for High Chairs, with
additions. On October 30, 2015, the Commission voted to approve
publication of the NPRM in the Federal Register . The Commission
published the NPRM in the Federal Register on November 9, 2015. On
January 21, 2016, the Commission published a correction to the NPRM,
correcting an error in the proposed regulatory text. The comment period
closed on January 25, 2016.
Staff reviewed the comments received and on May 30, 2018, sent a
draft final rule briefing package for high chairs to the Commission for
consideration. The draft incorporated by reference ASTM
[[Page 58127]]
F404-18, Standard Consumer Safety Specifications for High Chairs, as
the mandatory federal safety standard for high chairs, with no
modifications. The updated standard included the changes the Commission
proposed in the NPRM. On June 8, 2018, the Commission voted unanimously
to approve publication of the final rule in the Federal Register. The
Commission published the final rule in the Federal Register on June 19,
2018. The rule will take effect on June 19, 2019.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Staff Sends NPRM Briefing Package to 10/07/15 .......................
Commission.
Commission Decision................. 10/30/15 .......................
NPRM................................ 11/09/15 80 FR 69144
NPRM Correction..................... 01/21/16 81 FR 3354
NPRM Comment Period End............. 01/25/16 .......................
Staff Sends Final Rule Briefing 05/30/18 .......................
Package to Commission.
Commission Decision................. 06/08/18 .......................
Final Rule.......................... 06/19/18 83 FR 29358
Final Rule Effective................ 06/19/19 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Stefanie Marques, Project Manager, Division of
Pharmacology and Physiology Assessment, Consumer Product Safety
Commission, National Product Testing and Evaluation Center, 5 Research
Place, Rockville, MD 20850, Phone: 301 987-2581, Email:
[email protected].
RIN: 3041-AD33
440. Standard for Baby Changing Products
E.O. 13771 Designation: Independent agency
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 no 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. On August 17, 2016, CPSC staff sent a notice of proposed
rulemaking (NPRM) briefing package for baby changing products to the
Commission for consideration as part of this series of standards for
durable infant or toddler products. The proposed standard was based on
ASTMF 2388-16, Standard Consumer Safety Specification for Baby Changing
Tables for Domestic Use, with additions. On September 14, 2016, the
Commission held a public decisional meeting to consider the NPRM
briefing package, at which the Commission voted to approve publication
of the NPRM in the Federal Register. The Commission published the NPRM
in the Federal Register on September 29, 2016. The comment period ended
on December 13, 2016. After reviewing comments, staff sent a draft
final rule briefing package to the Commission on June 13, 2018. The
draft final rule incorporated by reference ASTM F2388-18, Standard
Consumer Safety Specification for Baby Changing Products for Domestic
Use, without changes. The updated standard included the changes the
Commission proposed in the NPRM. On June 19, 2018, the Commission voted
unanimously to approve publication of the final rule in the Federal
Register. The Commission published the final rule in the Federal
Register on June 26, 2018. The final rule will take effect on June 26,
2019.
Timetable:
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Action Date FR Cite
------------------------------------------------------------------------
Staff Sends NPRM Briefing Package to 08/17/16 .......................
Commission.
Commission Decision................. 09/14/16 .......................
NPRM................................ 09/29/16 81 FR 66881
NPRM Comment Period End............. 12/13/16 .......................
Staff Sends Final Rule Briefing 06/13/18 .......................
Package to Commission.
Commission Decision................. 06/19/18 .......................
Final Rule.......................... 06/26/18 83 FR 29672
Final Rule Effective................ 06/26/19 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Mark Kumagai, Project Manager, Directorate for
Engineering Sciences, Consumer Product Safety Commission, National
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD
20850, Phone: 301 987-2234, Email: [email protected].
RIN: 3041-AD48
441. Standard for Booster Seats
E.O. 13771 Designation: Independent agency.
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 no 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 booster seats as part of this series of standards for durable
infant and toddler products that was published in the Federal Register
on May 19, 2017. The comment period closed on August 2, 2017. Staff
prepared a final rule briefing package for Commission consideration. On
June 26, 2018, The Commission voted to approve the final rule. The
Commission published the final rule in the Federal Register on July 2,
2018. The final rule will take effect on January 2, 2020.
Timetable:
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Action Date FR Cite
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Staff Sends NPRM Briefing Package to 05/03/17 .......................
Commission.
Commission Decision................. 05/09/17 .......................
NPRM................................ 05/19/17 82 FR 22925
NPRM Comment Period End............. 08/02/17 .......................
Staff Sends Final Rule Briefing 06/20/18 .......................
Package to Commission.
Commission Decision................. 06/26/18 .......................
Final Rule.......................... 07/02/18 83 FR 30849
[[Page 58128]]
Final Rule Effective................ 01/02/20 .......................
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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: [email protected].
RIN: 3041-AD58
442. Determinations Regarding Third Party Testing of Manufactured Wood
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 a
briefing package for Commission consideration with a draft notice of
proposed rulemaking (NPRM) regarding third party testing of certain
manufactured wood/engineered wood products for lead, the ASTM F963
elements, and the specified phthalates. The comment period ended on
December 27, 2017. On June 6, 2018, staff sent a final rule briefing
package to the Commission. On June 15, 2018, the Commission voted to
approve publication of the final rule in the Federal Register, which
published on June 22, 2018.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Staff Sends NPRM to Commission...... 09/27/17 .......................
NPRM................................ 10/13/17 82 FR 47645
NPRM Comment Period End............. 12/27/17 .......................
Staff Sends NPRM Briefing Package to 06/06/18 .......................
Commission.
Commission Decision................. 06/15/18 .......................
Final Rule.......................... 06/22/18 83 FR 28983
Final Rule Effective................ 07/23/18 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jacqueline Campbell, Project Manager, Directorate
for Engineering Sciences, Consumer Product Safety Commission, National
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD
20850, Phone: 301 987-2024, Email: [email protected].
RIN: 3041-AD63
[FR Doc. 2018-24065 Filed 11-15-18; 8:45 am]
BILLING CODE 6355-01-P
