Semiannual Regulatory Agenda, 41324-41327 [2021-14878]
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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex 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 regulations that the
Commission expects to develop or
review during the next year. This
document meets the requirements of the
Regulatory Flexibility Act and Executive
Order 12866.
DATES: The Commission welcomes
comments on the agenda and on the
individual agenda entries. Submit
comments to the Division of the
Secretariat on or before August 30, 2021.
ADDRESSES: Caption comments on the
regulatory agenda, ‘‘Regulatory
Flexibility Agenda.’’ You can submit
comments by email to: cpsc-os@
cpsc.gov. You can also submit
comments by mail or delivery 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 Meridith L. Kelsch,
Office of the General Counsel, U.S.
Consumer Product Safety Commission,
4330 East West Highway, Bethesda, MD
20814–4408, mkelsch@cpsc.gov. For
further information regarding a
particular item on the agenda, contact
the person listed in the column titled,
‘‘Contact,’’ for that item.
SUPPLEMENTARY INFORMATION: The
Regulatory Flexibility Act (RFA; 5
U.S.C. 601–612) contains several
provisions intended to reduce
unnecessary and disproportionate
SUMMARY:
regulatory requirements on small
businesses, small governmental
organizations, and other small entities.
Section 602 of the RFA requires each
agency to publish, twice a year, a
regulatory flexibility agenda containing
‘‘a brief description of the subject area
of any rule which the agency expects to
propose or promulgate which is likely to
have a significant economic impact on
a substantial number of small entities.’’
5 U.S.C. 602. The agency must provide
a summary of the nature of the rule, the
objectives and legal basis for the rule,
and an approximate schedule for acting
on each rule for which the agency has
issued a notice of proposed rulemaking.
In addition, the regulatory flexibility
agenda must contain the name and
telephone number of an agency official
who is knowledgeable about the listed
items. Agencies must attempt to provide
notice of their agendas to small entities
and solicit their comments, by directly
notifying them, or by including the
agenda in publications that small
entities are likely to obtain.
In addition, Executive Order 12866,
Regulatory Planning and Review (Sep.
30, 1993), requires each agency to
publish, twice a year, a regulatory
agenda of regulations under
development or review during the next
year. 58 FR 51735 (Oct. 4, 1993). The
Executive Order states that agencies
may combine this agenda with the
regulatory flexibility agenda required
under the RFA. The agenda required by
Executive Order 12866 must include all
the regulations the agency expects to
develop or review during the next 12
months, regardless of whether they may
have a significant economic impact on
a substantial number of small entities.
This agenda also includes regulatory
activities that the Commission listed in
the fall 2020 agenda and completed
before publishing this 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 developing or
completing each activity; and the name
and telephone number of an agency
official who is knowledgeable about
items in the agenda.
The internet is the primary means for
disseminating the Unified Agenda. The
complete Unified Agenda will be
available online at: www.reginfo.gov, in
a format that allows users to obtain
information from the agenda database.
Because agencies must publish in the
Federal Register the regulatory
flexibility agenda required by the RFA
(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 RFA, 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 RFA.
The entries in the Commission’s
printed agenda are limited to fields that
contain information that the RFA
requires in an agenda. Additional
information on these entries is available
in the Unified Agenda published on the
internet.
The agenda reflects the Commission’s
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 the law, may alter
anticipated timing. In addition, you
should not infer from this agenda a final
determination by the Commission or its
staff regarding the need for, or the
substance of, any rule or regulation.
Dated: March 17, 2021.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
lotter on DSK11XQN23PROD with PROPOSALS22
CONSUMER PRODUCT SAFETY COMMISSION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
296 ....................
297 ....................
Flammability Standard for Upholstered Furniture ............................................................................................
Regulatory Options for Table Saws .................................................................................................................
3041–AB35
3041–AC31
CONSUMER PRODUCT SAFETY COMMISSION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
298 ....................
299 ....................
Portable Generators .........................................................................................................................................
Recreational Off-Road Vehicles .......................................................................................................................
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3041–AC36
3041–AC78
Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda
CONSUMER PRODUCT SAFETY
COMMISSION (CPSC)
Action
Final Rule Stage
296. Flammability Standard for
Upholstered Furniture
Legal Authority: 15 U.S.C. 1193; 5
U.S.C. 801
Abstract: The Commission published
a notice of proposed rulemaking
(NPRM) to prescribe flammability
standards for upholstered furniture
under the Flammable Fabrics Act (FFA)
to address the risk of fire associated
with cigarette and small open-flame
ignitions of upholstered furniture. 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, Congress signed into law,
‘‘COVID–19 Regulatory Relief and Work
From Home Safety Act,’’ Public Law
116–260 (COVID–19 Act). Section 2101
of the COVID–19 Act mandates that, 180
days after the date of enactment of the
COVID–19 Act, the standard for
upholstered furniture set forth by the
Bureau of Electronic and Appliance
Repair, Home Furnishings and Thermal
Insulation of the Department of
Consumer Affairs of the State of
California in Technical Bulletin 117–
2013, entitled ‘‘Requirements, Test
Procedure and Apparatus for Testing the
Smolder Resistance of Materials Used in
Upholstered Furniture,’’ originally
published June 2013, ‘‘shall be
considered to be a flammability
standard promulgated by the Consumer
Product Safety Commission under
section 4 of the Flammable Fabrics Act
(15 U.S.C. 1193).’’ In light of the
enactment of the COVID–19 Act, in FY
2021, staff intends to submit a briefing
package to the Commission that
recommends that the NPRM be
withdrawn.
Timetable:
lotter on DSK11XQN23PROD with PROPOSALS22
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.
VerDate Sep<11>2014
06/15/94
03/17/98
03/20/02
08/27/03
09/24/03
10/23/03
12/22/03
21:21 Jul 29, 2021
FR Cite
59 FR 30735
63 FR 13017
67 FR 12916
68 FR 51564
68 FR 60629
Jkt 250001
Date
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.
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 Options Package
to the Commission.
Commission Decision.
Staff Submits
Final Rule Briefing Package
Withdrawing the
NPRM.
FR Cite
10/28/04
Frm 00003
Fmt 4701
Phone: 301 987–2099, Email: alock@
cpsc.gov.
RIN: 3041–AB35
05/18/05
297. Regulatory Options for Table Saws
01/31/06
Legal Authority: 5 U.S.C. 553(e); 15
U.S.C. 2051
Abstract: In 2006, the Commission
granted a petition asking that the
Commission issue a rule to prescribe
performance standards for an active
injury mitigation system to reduce or
prevent injuries from contacting the
blade of a table saw. The Commission
subsequently issued a notice of
proposed rulemaking (NPRM) that
would establish a performance standard
requiring table saws to limit the depth
of cut to 3.5 millimeters when a test
probe, acting as a surrogate for a human
body/finger, contacts the table saw’s
spinning blade. Staff has conducted
several studies to provide information
for the rulemaking. Staff is working on
a final rule briefing package.
Timetable:
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
Action
09/14/12
03/20/13
78 FR 17140
04/25/13
07/01/13
09/08/16
09/25/19
10/04/19
09/00/21
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,
PO 00000
41325
Sfmt 4702
Commission Decision to Grant
Petition.
ANPRM ...............
Notice of Extension of Time for
Comments.
Comment Period
End.
Notice to Reopen
Comment Period.
Reopened Comment Period
End.
Staff Sent NPRM
Briefing Package to Commission.
Commission Decision.
NPRM ..................
NPRM Comment
Period End.
Public Hearing .....
Staff Sent 2016
NEISS Table
Saw Type
Study Status
Report to Commission.
Staff Sent 2017
NEISS Table
Saw Special
Study to Commission.
Notice of Availability of 2017
NEISS Table
Saw Special
Study.
E:\FR\FM\30JYP22.SGM
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Date
FR Cite
07/11/06
10/11/11
12/02/11
76 FR 62678
76 FR 75504
02/10/12
02/15/12
77 FR 8751
03/16/12
01/17/17
04/27/17
05/12/17
07/26/17
82 FR 22190
08/09/17
08/15/17
82 FR 31035
11/13/18
12/04/18
83 FR 62561
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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda
Action
Date
Staff Sends a Status Briefing
Package on
Table Saws to
Commission.
Commission Decision.
Staff Sends Final
Rule Briefing
Package to
Commission.
FR Cite
08/28/19
09/10/19
09/00/21
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Caroleene Paul,
Project Manager, Directorate for
Engineering Sciences, Consumer
Product Safety Commission, National
Product Testing and Evaluation Center,
5 Research Place, Rockville, MD 20850,
Phone: 301 987–2225, Email: cpaul@
cpsc.gov.
RIN: 3041–AC31
CONSUMER PRODUCT SAFETY
COMMISSION (CPSC)
lotter on DSK11XQN23PROD with PROPOSALS22
Long-Term Actions
298. Portable Generators
Legal Authority: 15 U.S.C. 2051
Abstract: In 2006, the Commission
issued an advance notice of proposed
rulemaking (ANPRM) under the
Consumer Product Safety Act (CPSA)
concerning portable generators. The
ANPRM discussed regulatory options
that could reduce deaths and injuries
related to portable generators,
particularly those involving carbon
monoxide (CO) poisoning. 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. 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. After additional staff and
contractor work, the Commission issued
a notice of proposed rulemaking
(NPRM) in 2016, proposing a
performance standard that would limit
the CO emission rates from operating
portable generators. In 2018, two
voluntary standards adopted different
CO mitigation requirements intended to
address the CO poisoning hazard
associated with portable generators.
VerDate Sep<11>2014
21:21 Jul 29, 2021
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Staff developed a simulation and
analysis plan to evaluate the
effectiveness of those voluntary
standards’ requirements. In 2019, the
Commission sought public comments
on staff’s plan. In August 2020, staff
submitted to the Commission a draft
notice of availability of the modified
plan, based on staff’s review and
consideration of the comments, for
evaluating the voluntary standards; the
Commission published the notice of
availability in August 2020. Staff is now
executing the modified plan.
Timetable:
Action
Date
Staff Sent
ANPRM to
Commission.
Staff Sent Supplemental Material
to Commission.
Commission Decision.
Staff Sent Draft
ANPRM to
Commission.
ANPRM ...............
ANPRM Comment
Period End.
Staff Releases
Research Report for Comment.
NPRM ..................
NPRM Comment
Period Extended.
Public Hearing for
Oral Comments.
NPRM Comment
Period End.
Staff Sends Notice of Availability to the
Commission.
Commission Decision.
Notice of Availability.
Staff Sends Notice of Availability to Commission.
Commission Decision.
Notice of Availability.
Staff Report on
Evaluation of
Voluntary
Standards.
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
11/21/16
12/13/16
81 FR 83556
81 FR 89888
03/08/17
82 FR 8907
04/24/17
06/26/19
07/02/19
07/09/19
84 FR 32729
08/12/20
08/19/20
08/24/20
85 FR 52096
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,
PO 00000
Frm 00004
Fmt 4701
Sfmt 4702
Phone: 301 987–2293, Email: jbuyer@
cpsc.gov.
RIN: 3014–AC36
299. Recreational Off-Road Vehicles
Legal Authority: 15 U.S.C. 2056; 15
U.S.C. 2058
Abstract: The Commission is
considering whether recreational offroad vehicles (ROVs) present an
unreasonable risk of injury that should
be regulated. Staff conducted testing
and evaluation programs to develop
performance requirements addressing
vehicle stability, vehicle handling, and
occupant protection. In 2014, the
Commission issued an NPRM proposing
standards addressing vehicle stability,
vehicle handling, and occupant
protection. 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 proposed
Safety Standard for Recreational OffHighway Vehicles 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 and
instead engaged the Recreational OffHighway 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. In
the FY 2020 Operating Plan, the
Commission directed staff to prepare a
rulemaking termination briefing
package. Staff submitted a briefing
package to the Commission on
September 16, 2020 that recommended
termination of rulemaking. On
September 22, 2020 the Commission
voted 2–2 on this matter. A majority was
not reached and no action will be taken.
Timetable:
E:\FR\FM\30JYP22.SGM
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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda
Action
Date
lotter on DSK11XQN23PROD with PROPOSALS22
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.
VerDate Sep<11>2014
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
Action
Date
NPRM Published
in FEDERAL
REGISTER.
NPRM Comment
Period Extended.
Extended Comment Period
End.
Staff Sends Briefing Package
Assessing Voluntary Standards to Commission.
Commission Decision Not to Terminate.
Staff Sends Briefing Package to
Commission.
FR Cite
Action
11/19/14
79 FR 68964
01/23/15
80 FR 3535
Commission Decision: majority
not reached, no
action will be
taken.
FR Cite
09/22/20
04/08/15
Next Step Undetermined.
11/22/16
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
01/25/17
09/16/20
To Be Determined
[FR Doc. 2021–14878 Filed 7–29–21; 8:45 am]
10/29/14
21:21 Jul 29, 2021
Date
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]]>Agencies
[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Unknown Section]
[Pages 41324-41327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14878]
[[Page 41323]]
Vol. 86
Friday,
No. 144
July 30, 2021
Part XXII
Consumer Product Safety Commission
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg
Flex Agenda
[[Page 41324]]
-----------------------------------------------------------------------
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 regulations that the Commission expects to develop or review
during the next year. This document meets the requirements of the
Regulatory Flexibility Act and Executive Order 12866.
DATES: The Commission welcomes comments on the agenda and on the
individual agenda entries. Submit comments to the Division of the
Secretariat on or before August 30, 2021.
ADDRESSES: Caption comments on the regulatory agenda, ``Regulatory
Flexibility Agenda.'' You can submit comments by email to: [email protected]. You can also submit comments by mail or delivery 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 Meridith L. Kelsch, Office of the General Counsel,
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, contact the person listed in
the column titled, ``Contact,'' for that item.
SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (RFA; 5
U.S.C. 601-612) 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 requires each agency to publish, twice a year, a
regulatory flexibility agenda containing ``a brief description of the
subject area of any rule which the agency expects to propose or
promulgate which is likely to have a significant economic impact on a
substantial number of small entities.'' 5 U.S.C. 602. The agency must
provide a summary of the nature of the rule, the objectives and legal
basis for the rule, and an approximate schedule for acting on each rule
for which the agency has issued a notice of proposed rulemaking. In
addition, the regulatory flexibility agenda must contain the name and
telephone number of an agency official who is knowledgeable about the
listed items. Agencies must attempt to provide notice of their agendas
to small entities and solicit their comments, by directly notifying
them, or by including the agenda in publications that small entities
are likely to obtain.
In addition, Executive Order 12866, Regulatory Planning and Review
(Sep. 30, 1993), requires each agency to publish, twice a year, a
regulatory agenda of regulations under development or review during the
next year. 58 FR 51735 (Oct. 4, 1993). The Executive Order states that
agencies may combine this agenda with the regulatory flexibility agenda
required under the RFA. The agenda required by Executive Order 12866
must include all the regulations the agency expects to develop or
review during the next 12 months, regardless of whether they may have a
significant economic impact on a substantial number of small entities.
This agenda also includes regulatory activities that the Commission
listed in the fall 2020 agenda and completed before publishing this
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
developing or completing each activity; and the name and telephone
number of an agency official who is knowledgeable about items in the
agenda.
The internet is the primary means for disseminating the Unified
Agenda. The complete Unified Agenda will be available online at:
www.reginfo.gov, in a format that allows users to obtain information
from the agenda database.
Because agencies must publish in the Federal Register the
regulatory flexibility agenda required by the RFA (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 RFA, 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 RFA.
The entries in the Commission's printed agenda are limited to
fields that contain information that the RFA requires in an agenda.
Additional information on these entries is available in the Unified
Agenda published on the internet.
The agenda reflects the Commission's 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 the law, may alter anticipated timing. In
addition, you should not infer from this agenda a final determination
by the Commission or its staff regarding the need for, or the substance
of, any rule or regulation.
Dated: March 17, 2021.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
Consumer Product Safety Commission--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
296....................... Flammability Standard for 3041-AB35
Upholstered Furniture.
297....................... Regulatory Options for 3041-AC31
Table Saws.
------------------------------------------------------------------------
Consumer Product Safety Commission--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
298....................... Portable Generators....... 3041-AC36
299....................... Recreational Off-Road 3041-AC78
Vehicles.
------------------------------------------------------------------------
[[Page 41325]]
CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
Final Rule Stage
296. Flammability Standard for Upholstered Furniture
Legal Authority: 15 U.S.C. 1193; 5 U.S.C. 801
Abstract: The Commission published a notice of proposed rulemaking
(NPRM) to prescribe flammability standards for upholstered furniture
under the Flammable Fabrics Act (FFA) to address the risk of fire
associated with cigarette and small open-flame ignitions of upholstered
furniture. 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, Congress signed into law, ``COVID-19 Regulatory
Relief and Work From Home Safety Act,'' Public Law 116-260 (COVID-19
Act). Section 2101 of the COVID-19 Act mandates that, 180 days after
the date of enactment of the COVID-19 Act, the standard for upholstered
furniture set forth by the Bureau of Electronic and Appliance Repair,
Home Furnishings and Thermal Insulation of the Department of Consumer
Affairs of the State of California in Technical Bulletin 117-2013,
entitled ``Requirements, Test Procedure and Apparatus for Testing the
Smolder Resistance of Materials Used in Upholstered Furniture,''
originally published June 2013, ``shall be considered to be a
flammability standard promulgated by the Consumer Product Safety
Commission under section 4 of the Flammable Fabrics Act (15 U.S.C.
1193).'' In light of the enactment of the COVID-19 Act, in FY 2021,
staff intends to submit a briefing package to the Commission that
recommends that the NPRM be withdrawn.
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 Sends Options Package to the 09/25/19 .......................
Commission.
Commission Decision................. 10/04/19 .......................
Staff Submits Final Rule Briefing 09/00/21 .......................
Package Withdrawing the NPRM.
------------------------------------------------------------------------
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
297. Regulatory Options for Table Saws
Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2051
Abstract: In 2006, the Commission granted a petition asking that
the Commission issue a rule to prescribe performance standards for an
active injury mitigation system to reduce or prevent injuries from
contacting the blade of a table saw. The Commission subsequently issued
a notice of proposed rulemaking (NPRM) that would establish a
performance standard requiring table saws to limit the depth of cut to
3.5 millimeters when a test probe, acting as a surrogate for a human
body/finger, contacts the table saw's spinning blade. Staff has
conducted several studies to provide information for the rulemaking.
Staff is working on a final rule briefing package.
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.
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 Sent 2016 NEISS Table Saw Type 08/15/17 .......................
Study Status Report to Commission.
Staff Sent 2017 NEISS Table Saw 11/13/18 .......................
Special Study to Commission.
Notice of Availability of 2017 NEISS 12/04/18 83 FR 62561
Table Saw Special Study.
[[Page 41326]]
Staff Sends a Status Briefing 08/28/19 .......................
Package on Table Saws to Commission.
Commission Decision................. 09/10/19 .......................
Staff Sends Final Rule Briefing 09/00/21 .......................
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
CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
Long-Term Actions
298. Portable Generators
Legal Authority: 15 U.S.C. 2051
Abstract: In 2006, the Commission issued an advance notice of
proposed rulemaking (ANPRM) under the Consumer Product Safety Act
(CPSA) concerning portable generators. The ANPRM discussed regulatory
options that could reduce deaths and injuries related to portable
generators, particularly those involving carbon monoxide (CO)
poisoning. 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. 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. After additional staff
and contractor work, the Commission issued a notice of proposed
rulemaking (NPRM) in 2016, proposing a performance standard that would
limit the CO emission rates from operating portable generators. In
2018, two voluntary standards adopted different CO mitigation
requirements intended to address the CO poisoning hazard associated
with portable generators. Staff developed a simulation and analysis
plan to evaluate the effectiveness of those voluntary standards'
requirements. In 2019, the Commission sought public comments on staff's
plan. In August 2020, staff submitted to the Commission a draft notice
of availability of the modified plan, based on staff's review and
consideration of the comments, for evaluating the voluntary standards;
the Commission published the notice of availability in August 2020.
Staff is now executing the modified plan.
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.
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 Notice of Availability 06/26/19 .......................
to the Commission.
Commission Decision................. 07/02/19 .......................
Notice of Availability.............. 07/09/19 84 FR 32729
Staff Sends Notice of Availability 08/12/20 .......................
to Commission.
Commission Decision................. 08/19/20 .......................
Notice of Availability.............. 08/24/20 85 FR 52096
------------------------------------------------------------------------
Staff Report on Evaluation of To Be Determined
Voluntary Standards.
------------------------------------------------------------------------
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: 3014-AC36
299. Recreational Off-Road Vehicles
Legal Authority: 15 U.S.C. 2056; 15 U.S.C. 2058
Abstract: The Commission is considering whether recreational off-
road vehicles (ROVs) present an unreasonable risk of injury that should
be regulated. Staff conducted testing and evaluation programs to
develop performance requirements addressing vehicle stability, vehicle
handling, and occupant protection. In 2014, the Commission issued an
NPRM proposing standards addressing vehicle stability, vehicle
handling, and occupant protection. 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 proposed Safety Standard for
Recreational Off-Highway Vehicles 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 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.
In the FY 2020 Operating Plan, the Commission directed staff to prepare
a rulemaking termination briefing package. Staff submitted a briefing
package to the Commission on September 16, 2020 that recommended
termination of rulemaking. On September 22, 2020 the Commission voted
2-2 on this matter. A majority was not reached and no action will be
taken.
Timetable:
[[Page 41327]]
------------------------------------------------------------------------
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 Sends Briefing Package to 09/16/20 .......................
Commission.
Commission Decision: majority not 09/22/20 .......................
reached, no action will be taken.
------------------------------------------------------------------------
Next Step Undetermined.............. 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: [email protected].
RIN: 3041-AC78
[FR Doc. 2021-14878 Filed 7-29-21; 8:45 am]
BILLING CODE 6355-01-P
