Semiannual Regulatory Agenda, 5332-5337 [2021-27973]
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Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Chapter 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.
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 March 2, 2022.
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,
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
SUMMARY:
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 items
listed. 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 (Sept.
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
regulatory activities the agency expects
to be under development 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 spring
2021 agenda and has completed prior to
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 the development
or completion of 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: September 20, 2021.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
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CONSUMER PRODUCT SAFETY COMMISSION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
462 ....................
463 ....................
464 ....................
Portable Generators .........................................................................................................................................
Furniture Tip Overs: Clothing Storage Units ...................................................................................................
Safety Standard for Magnets ...........................................................................................................................
3041–AC36
3041–AD65
3041–AD82
CONSUMER PRODUCT SAFETY COMMISSION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
465 ....................
466 ....................
Regulatory Options for Table Saws .................................................................................................................
Petition Requesting Ban for Supplemental Mattresses for Play Yards With Non-Rigid Sides .......................
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CONSUMER PRODUCT SAFETY COMMISSION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
467 ....................
Recreational Off-Road Vehicles .......................................................................................................................
3041–AC78
CONSUMER PRODUCT SAFETY COMMISSION—COMPLETED ACTIONS
Title
468 ....................
469 ....................
470 ....................
Flammability Standard for Upholstered Furniture ............................................................................................
Standard for Infant Sleep Products .................................................................................................................
Update to CPSC Rules for Testing and Labeling Pertaining to Product Certification and Requirements
Pertaining to Third Party Conformity Assessment Bodies.
Regulatory Flexibility Act Review of the Testing and Labeling Regulations Pertaining to Product Certification of Children’s Products, Including Reliance on Component Part Testing.
471 ....................
CONSUMER PRODUCT SAFETY
COMMISSION (CPSC)
Proposed Rule Stage
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Regulation
Identifier No.
Sequence No.
462. 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
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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.
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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
Action
Staff Report on
Effectiveness
Evaluation of
Voluntary
Standards.
Date
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Janet L. Buyer,
Project Manager, Directorate for
Engineering Sciences, Consumer
Product Safety Commission, National
Product Testing and Evaluation Center,
5 Research Place, Rockville, MD 20850,
Phone: 301 987–2293, Email: jbuyer@
cpsc.gov.
RIN: 3041–AC36
463. Furniture Tip Overs: Clothing
Storage Units
Legal Authority: 15 U.S.C. 2058
Abstract: Based on direction in the
Fiscal Year 2016 Operating Plan, staff
submitted a briefing package to the
Commission in September 2016,
addressing furniture tip overs and
focused, specifically, on clothing storage
unit (CSU) tip overs. CPSC is aware of
fatal and non-fatal incidents involving
CSUs tipping over. The majority of
incidents involve children. In November
2017, the Commission issued an
ANPRM, seeking comments and
initiating rulemaking under the
Consumer Product Safety Act (15 U.S.C.
2051–2089). In July 2021, staff
submitted a notice of proposed
rulemaking (NPRM) briefing package to
the Commission and is awaiting the
Commission’s vote on that package.
Timetable:
Action
85 FR 52096
3041–AD80
03/00/22
Date
08/19/20
08/24/20
3041–AB35
3041–AD45
3041–AD78
Staff Sent Briefing
Package to
Commission.
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Action
Date
Staff Sent
ANPRM Briefing Package to
Commission.
Commission Decision on ANPRM.
ANPRM ...............
Comment Period
Extended.
Comment Period
End.
Staff Sent NPRM
Briefing Package to Commission.
Commission Decision.
FR Cite
11/15/17
Final Rule Stage
465. Regulatory Options for Table Saws
11/21/17
11/30/17
01/17/18
82 FR 56752
83 FR 2382
04/14/18
07/14/21
11/00/21
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kristen Talcott,
Project Manager, Directorate for
Engineering Sciences, Consumer
Product Safety Commission, National
Product Testing and Evaluation Center,
5 Research Place, Rockville, MD 20850,
Phone: 301 987–2311, Email: ktalcott@
cpsc.gov.
RIN: 3041–AD65
464. Safety Standard for Magnets
Legal Authority: 15 U.S.C. 553; 15
U.S.C. 2056; 15 U.S.C. 2058
Abstract: Based on direction in the
Fiscal Year 2021 Operating Plan, staff
plans to submit a notice of proposed
rulemaking (NPRM) briefing package to
the Commission in fall 2021 to address
the internal interaction hazard
associated with small, powerful
magnets.
Timetable:
Action
Date
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Staff Sends
NPRM Briefing
Package to
Commission.
FR Cite
11/00/21
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Stephen Harsanyi,
Project Manager, Directorate for
Engineering Sciences, Consumer
Product Safety Commission, National
Product Testing and Evaluation Center,
5 Research Place, Rockville, MD 20850,
Phone: 301 987–2209, Email:
sharsanyi@cpsc.gov.
RIN: 3041–AD82
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CONSUMER PRODUCT SAFETY
COMMISSION (CPSC)
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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
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 ..................
07/11/06
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.
07/26/17
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10/11/11
12/02/11
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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
08/09/17
08/15/17
82–FR
22190
82 FR 31035
11/13/18
12/04/18
Fmt 4701
Sfmt 4702
83FR62561
Action
Staff Sends a Status Briefing
Package on
Table Saws to
Commission.
Commission Decision.
Staff Sends Final
Rule Briefing
Package to
Commission.
Date
FR Cite
08/28/19
09/10/19
01/00/22
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
466. Petition Requesting Ban for
Supplemental Mattresses for Play
Yards With Non–Rigid Sides
Legal Authority: Pub. L. 110–314, sec.
104
Abstract: The Commission received a
petition requesting that the Commission
initiate rulemaking under section 8 of
the CPSA to ban supplemental
mattresses for play yards with non-rigid
sides, which are currently marketed to
be used with non-full-size cribs, play
yards, portable cribs, and playpens.
After obtaining comments on the
petition, the Commission voted to ‘‘take
other action’’ on the petition, granting
the petition but directing staff to initiate
a rulemaking under section 104 of the
Consumer Product Safety Improvement
Act to promulgate a mandatory standard
that will address the risk of injury
associated with the use of crib
mattresses, as well as supplemental and
aftermarket mattresses used in play
yards and portable cribs. The
Commission will assess the
effectiveness of applicable voluntary
standards, and in accordance with the
Administrative Procedure Act, could
promulgate consumer product safety
standards that are 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 Commission issued a
notice of proposed rulemaking (NPRM)
for crib mattresses in October 2020, to
address hazards associated with fullsize crib mattresses, non-full-size
mattresses, and after-market mattresses
for play yards and non-full-size crib
mattresses. Staff is working toward
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sending a final rule briefing package to
the Commission before the end of
FY2021. Staff is still working with the
voluntary standards committee on play
yards, to address hazards associated
with play yard mattress fit and
thickness.
Timetable:
Action
Date
Petition Docketed
Notice Published
in Federal Register.
Comment Period
End.
Staff Sends Briefing Package to
Commission.
Commission Decision.
Staff Sends Crib
Mattresses
NPRM Briefing
Package to
Commission.
Commission Publishes Crib Mattresses NPRM
in Federal Register.
NPRM Comment
Period End.
Staff Sends Crib
Mattresses
Final Rule Briefing Package to
Commission.
Commission Decision.
07/29/15
08/11/15
FR Cite
80 FR 48043
10/13/15
05/10/17
05/25/17
09/30/20
10/26/20
85 FR 67906
01/11/21
09/22/21
11/00/21
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Hope Nesteruk,
Project Manager, Directorate for
Engineering Sciences, Consumer
Product Safety Commission, National
Product Testing and Evaluation Center,
5 Research Place, Rockville, MD 20850,
Phone: 301 987–2579, Email:
hnesteruk@cpsc.gov.
RIN: 3041–AD52
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:
Action
CONSUMER PRODUCT SAFETY
COMMISSION (CPSC)
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Long-Term Actions
467. 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
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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.
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Staff Sends Supplemental Information on
ROVs to Commission.
Commission Decision.
NPRM Published
in Federal Register.
NPRM Comment
Period Extended.
Extended Comment Period
End.
Staff Sends Briefing Package
Assessing Voluntary Standards to Commission.
Commission Decision Not to Terminate.
Staff Sends Briefing Package to
Commission.
Commission Decision: Majority
Not Reached,
No Action Will
be Taken.
Next Step Undetermined.
Date
FR Cite
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
09/16/20
09/22/20
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Caroleene Paul,
Project Manager, Directorate for
Engineering Sciences, Consumer
Product Safety Commission, National
Product Testing and Evaluation Center,
5 Research Place, Rockville, MD 20850,
Phone: 301 987–2225, Email: cpaul@
cpsc.gov.
RIN: 3041–AC78
CONSUMER PRODUCT SAFETY
COMMISSION (CPSC)
Completed Actions
468. Flammability Standard for
Upholstered Furniture
10/21/09
10/28/09
12/22/09
Action
74 FR 55495
74 FR 67987
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
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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, on
March 30, 2021, the Commission voted
to terminate the rulemaking associated
with upholstered furniture and directed
that a notice announcing the
termination of rulemaking be issued in
the Federal Register. Staff is working on
the notice of termination.
Timetable:
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Action
Date
ANPRM ...............
Commission
Hearing May 5
& 6, 1998 on
Possible Toxicity of FlameRetardant
Chemicals.
Meeting Notice ....
Notice of Public
Meeting.
Public Meeting ....
ANPRM ...............
ANPRM Comment
Period End.
Staff Held Public
Meeting.
Staff Held Public
Meeting.
Staff Sent Status
Report to Commission.
Staff Sent Status
Report to Commission.
Staff Sent Status
Report to Commission.
Staff Sent Options
Package to
Commission.
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06/15/94
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
11/03/06
Date
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 Notice of Termination to the
Commission.
Commission Decision.
Notice of Termination of Rulemaking.
FR Cite
12/27/07
01/22/08
02/01/08
03/04/08
05/19/08
73 FR 11702
05/19/09
09/14/12
03/20/13
78 FR 17140
04/25/13
12/22/07
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Action
09/08/16
Staff Sends
NPRM Briefing
Package to
Commission.
Commission Decision.
NPRM ..................
NPRM Comment
Period End.
Staff Sends Draft
Termination Notice to Commission.
Staff Sends Supplemental
NPRM Briefing
Package to
Commission.
Commission Decision.
Supplemental
NPRM.
Staff Sent Final
Rule Briefing
Package to
Commission.
Final Rule ............
09/25/19
10/04/19
09/01/21
09/08/21
09/16/21
86 FR 51639
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
PO 00000
Frm 00006
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 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
Commission issued an NPRM and,
based on additional infant deaths in the
product, also issued a Supplemental
NPRM, proposing a mandatory rule with
substantial modifications to the
voluntary standard, to further reduce
the risk of injury. Staff reviewed the
comments on the Supplemental NPRM,
updated incident data, and submitted a
final rule briefing package to the
Commission in May 2021. The
Commission published a final rule for
infant sleep products on June 23, 2021,
which becomes effective on June 23,
2022.
Timetable:
07/01/13
469. Standard for Infant Sleep Products
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
12/28/06
18:45 Jan 28, 2022
Action
Fmt 4701
Sfmt 4702
Date
FR Cite
03/22/17
03/28/17
04/07/17
06/21/17
82 FR 16963
06/12/19
10/16/19
10/25/19
11/12/19
84 FR 60949
05/12/21
06/23/21
86 FR 33022
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–AD45
E:\FR\FM\31JAP22.SGM
31JAP22
Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / UA: Reg Flex Agenda
470. Update to CPSC Rules for Testing
and Labeling Pertaining to Product
Certification and Requirements
Pertaining to Third Party Conformity
Assessment Bodies
khammond on DSKJM1Z7X2PROD with PROPOSALS22
Legal Authority: Pub. L. 110–314, sec.
102
Abstract: In December 2017, the
International Organization for
Standardization (ISO) issued new
versions of the standards, ‘‘ISO/IEC
17025:2017 General Requirements for
the Competence of Testing and
Calibration Laboratories’’ and ‘‘ISO/IEC
17011:2004 Conformity assessment—
Requirements for Accreditation Bodies
Accrediting Conformity Assessment
Bodies.’’ The CPSC regulation for
acceptance of third-party testing
laboratories is 16 CFR part 1112. The
CPSC regulation for testing and labeling
pertaining to product certification is 16
CFR part 1107. In FY 2021, staff
submitted a briefing package to the
Commission that recommended a direct
final rule to amend 16 CFR part 1112 to
update the incorporation by reference
from ISO/IEC 17025:2005 to ISO/IEC
17025:2017. This rule was approved by
the Commission on April 9, 2021. The
direct final rule also amends 16 CFR
part 1107 to update the incorporation by
reference from ISO/IEC 17025:2005 to
ISO/IEC 17025:2017 and the
incorporation by reference from ISO/IEC
17011:2004 to ISO/IEC 17011:2017.
Timetable:
VerDate Sep<11>2014
18:45 Jan 28, 2022
Jkt 256001
Action
Date
Staff Sends Direct
Final Rule Briefing Package to
Commission.
Direct Final Rule
Published.
FR Cite
03/31/21
04/30/21
86 FR 22863
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Scott Heh,
Laboratory Accreditation Program
Manager, Consumer Product Safety
Commission, National Product Testing
and Evaluation Center, 5 Research
Place, Rockville, MD 20850, Phone: 301
504–7646, Email: sheh@cpsc.gov.
RIN: 3041–AD78
471. Regulatory Flexibility Act Review
of the Testing and Labeling Regulations
Pertaining to Product Certification of
Children’s Products, Including Reliance
on Component Part Testing
Legal Authority: 5 U.S.C. 610
Abstract: Under section 610 of the
Regulatory Flexibility Act (RFA), CPSC
must review within 10 years after their
issuance regulations that have a
significant economic impact on a
substantial number of small entities.
CPSC is conducting this review of the
regulations for third party testing and
certification to demonstrate compliance
with safety standards for children’s
products. CPSC issued the testing and
component part regulations in 16 CFR
parts 1107 and 1109 in 2011. CPSC will
PO 00000
Frm 00007
Fmt 4701
Sfmt 9990
5337
publish notice of this review and seek
comments to determine whether,
consistent with CPSC’s statutory
obligations, these regulations should be
maintained without change, or modified
to minimize the significant impact of
the rules on a substantial number of
small entities.
Timetable:
Action
Staff Sends Notice of Availability to Commission.
Commission Decision.
Notice of Availability Published.
Comment Period
Ends.
Briefing Package
to Commission.
Commission Decision.
Notice of Availability Published.
Date
FR Cite
07/15/20
07/21/20
08/24/20
85 FR 52078
10/23/20
05/19/21
05/25/21
06/07/21
86 FR 30288
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Susan Proper,
Directorate for Economic Analysis,
Consumer Product Safety Commission,
4330 East-West Hwy., Bethesda, MD
20814, Phone: 301 504–7628, Email:
sproper@cpsc.gov.
RIN: 3041–AD80
[FR Doc. 2021–27973 Filed 1–28–22; 8:45 am]
BILLING CODE 6355–01–P
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]]>Agencies
[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Unknown Section]
[Pages 5332-5337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27973]
[[Page 5331]]
Vol. 87
Monday,
No. 20
January 31, 2022
Part XXII
Consumer Product Safety Commission
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 87 , No. 20 / Monday, January 31, 2022 / UA:
Reg Flex Agenda
[[Page 5332]]
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Chapter II
Semiannual Regulatory Agenda
AGENCY: U.S. Consumer Product Safety Commission.
ACTION: Semiannual Regulatory Agenda.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission publishes its semiannual
regulatory flexibility agenda. In addition, this document includes an
agenda of regulatory actions that the Commission expects to be under
development or review by the agency during the next year. This document
meets the requirements of the Regulatory Flexibility Act and Executive
Order 12866.
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 March 2, 2022.
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,
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
items listed. 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
(Sept. 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 regulatory activities the agency expects to be
under development 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 spring 2021 agenda and has
completed prior to 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 the
development or completion of 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: September 20, 2021.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
Consumer Product Safety Commission--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
462....................... Portable Generators....... 3041-AC36
463....................... Furniture Tip Overs: 3041-AD65
Clothing Storage Units.
464....................... Safety Standard for 3041-AD82
Magnets.
------------------------------------------------------------------------
Consumer Product Safety Commission--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
465....................... Regulatory Options for 3041-AC31
Table Saws.
466....................... Petition Requesting Ban 3041-AD52
for Supplemental
Mattresses for Play Yards
With Non-Rigid Sides.
------------------------------------------------------------------------
[[Page 5333]]
Consumer Product Safety Commission--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
467....................... Recreational Off-Road 3041-AC78
Vehicles.
------------------------------------------------------------------------
Consumer Product Safety Commission--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
468....................... Flammability Standard for 3041-AB35
Upholstered Furniture.
469....................... Standard for Infant Sleep 3041-AD45
Products.
470....................... Update to CPSC Rules for 3041-AD78
Testing and Labeling
Pertaining to Product
Certification and
Requirements Pertaining
to Third Party Conformity
Assessment Bodies.
471....................... Regulatory Flexibility Act 3041-AD80
Review of the Testing and
Labeling Regulations
Pertaining to Product
Certification of
Children's Products,
Including Reliance on
Component Part Testing.
------------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
Proposed Rule Stage
462. 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 Effectiveness 03/00/22 .......................
Evaluation of 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: 3041-AC36
463. Furniture Tip Overs: Clothing Storage Units
Legal Authority: 15 U.S.C. 2058
Abstract: Based on direction in the Fiscal Year 2016 Operating
Plan, staff submitted a briefing package to the Commission in September
2016, addressing furniture tip overs and focused, specifically, on
clothing storage unit (CSU) tip overs. CPSC is aware of fatal and non-
fatal incidents involving CSUs tipping over. The majority of incidents
involve children. In November 2017, the Commission issued an ANPRM,
seeking comments and initiating rulemaking under the Consumer Product
Safety Act (15 U.S.C. 2051-2089). In July 2021, staff submitted a
notice of proposed rulemaking (NPRM) briefing package to the Commission
and is awaiting the Commission's vote on that package.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Staff Sent Briefing Package to 09/30/16 .......................
Commission.
[[Page 5334]]
Staff Sent ANPRM Briefing Package to 11/15/17 .......................
Commission.
Commission Decision on ANPRM........ 11/21/17 .......................
ANPRM............................... 11/30/17 82 FR 56752
Comment Period Extended............. 01/17/18 83 FR 2382
Comment Period End.................. 04/14/18 .......................
Staff Sent NPRM Briefing Package to 07/14/21 .......................
Commission.
Commission Decision................. 11/00/21 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kristen Talcott, Project Manager, Directorate for
Engineering Sciences, Consumer Product Safety Commission, National
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD
20850, Phone: 301 987-2311, Email: [email protected].
RIN: 3041-AD65
464. Safety Standard for Magnets
Legal Authority: 15 U.S.C. 553; 15 U.S.C. 2056; 15 U.S.C. 2058
Abstract: Based on direction in the Fiscal Year 2021 Operating
Plan, staff plans to submit a notice of proposed rulemaking (NPRM)
briefing package to the Commission in fall 2021 to address the internal
interaction hazard associated with small, powerful magnets.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Staff Sends NPRM Briefing Package to 11/00/21 .......................
Commission.
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Stephen Harsanyi, Project Manager, Directorate for
Engineering Sciences, Consumer Product Safety Commission, National
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD
20850, Phone: 301 987-2209, Email: [email protected].
RIN: 3041-AD82
CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
Final Rule Stage
465. 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 83FR62561
Table Saw Special Study.
Staff Sends a Status Briefing 08/28/19 .......................
Package on Table Saws to Commission.
Commission Decision................. 09/10/19 .......................
Staff Sends Final Rule Briefing 01/00/22 .......................
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
466. Petition Requesting Ban for Supplemental Mattresses for Play Yards
With Non-Rigid Sides
Legal Authority: Pub. L. 110-314, sec. 104
Abstract: The Commission received a petition requesting that the
Commission initiate rulemaking under section 8 of the CPSA to ban
supplemental mattresses for play yards with non-rigid sides, which are
currently marketed to be used with non-full-size cribs, play yards,
portable cribs, and playpens. After obtaining comments on the petition,
the Commission voted to ``take other action'' on the petition, granting
the petition but directing staff to initiate a rulemaking under section
104 of the Consumer Product Safety Improvement Act to promulgate a
mandatory standard that will address the risk of injury associated with
the use of crib mattresses, as well as supplemental and aftermarket
mattresses used in play yards and portable cribs. The Commission will
assess the effectiveness of applicable voluntary standards, and in
accordance with the Administrative Procedure Act, could promulgate
consumer product safety standards that are 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 Commission
issued a notice of proposed rulemaking (NPRM) for crib mattresses in
October 2020, to address hazards associated with full-size crib
mattresses, non-full-size mattresses, and after-market mattresses for
play yards and non-full-size crib mattresses. Staff is working toward
[[Page 5335]]
sending a final rule briefing package to the Commission before the end
of FY2021. Staff is still working with the voluntary standards
committee on play yards, to address hazards associated with play yard
mattress fit and thickness.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Petition Docketed................... 07/29/15 .......................
Notice Published in Federal Register 08/11/15 80 FR 48043
Comment Period End.................. 10/13/15 .......................
Staff Sends Briefing Package to 05/10/17 .......................
Commission.
Commission Decision................. 05/25/17 .......................
Staff Sends Crib Mattresses NPRM 09/30/20 .......................
Briefing Package to Commission.
Commission Publishes Crib Mattresses 10/26/20 85 FR 67906
NPRM in Federal Register.
NPRM Comment Period End............. 01/11/21 .......................
Staff Sends Crib Mattresses Final 09/22/21 .......................
Rule Briefing Package to Commission.
Commission Decision................. 11/00/21 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Hope Nesteruk, Project Manager, Directorate for
Engineering Sciences, Consumer Product Safety Commission, National
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD
20850, Phone: 301 987-2579, Email: [email protected].
RIN: 3041-AD52
CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
Long-Term Actions
467. 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:
------------------------------------------------------------------------
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
CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
Completed Actions
468. 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
[[Page 5336]]
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, on March 30,
2021, the Commission voted to terminate the rulemaking associated with
upholstered furniture and directed that a notice announcing the
termination of rulemaking be issued in the Federal Register. Staff is
working on the notice of termination.
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 Notice of Termination 09/01/21 .......................
to the Commission.
Commission Decision................. 09/08/21 .......................
Notice of Termination of Rulemaking. 09/16/21 86 FR 51639
------------------------------------------------------------------------
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
469. Standard for Infant Sleep Products
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 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 Commission issued an NPRM
and, based on additional infant deaths in the product, also issued a
Supplemental NPRM, proposing a mandatory rule with substantial
modifications to the voluntary standard, to further reduce the risk of
injury. Staff reviewed the comments on the Supplemental NPRM, updated
incident data, and submitted a final rule briefing package to the
Commission in May 2021. The Commission published a final rule for
infant sleep products on June 23, 2021, which becomes effective on June
23, 2022.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Staff Sends NPRM Briefing Package to 03/22/17 .......................
Commission.
Commission Decision................. 03/28/17 .......................
NPRM................................ 04/07/17 82 FR 16963
NPRM Comment Period End............. 06/21/17 .......................
Staff Sends Draft Termination Notice 06/12/19 .......................
to Commission.
Staff Sends Supplemental NPRM 10/16/19 .......................
Briefing Package to Commission.
Commission Decision................. 10/25/19 .......................
Supplemental NPRM................... 11/12/19 84 FR 60949
Staff Sent Final Rule Briefing 05/12/21 .......................
Package to Commission.
Final Rule.......................... 06/23/21 86 FR 33022
------------------------------------------------------------------------
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-AD45
[[Page 5337]]
470. Update to CPSC Rules for Testing and Labeling Pertaining to
Product Certification and Requirements Pertaining to Third Party
Conformity Assessment Bodies
Legal Authority: Pub. L. 110-314, sec. 102
Abstract: In December 2017, the International Organization for
Standardization (ISO) issued new versions of the standards, ``ISO/IEC
17025:2017 General Requirements for the Competence of Testing and
Calibration Laboratories'' and ``ISO/IEC 17011:2004 Conformity
assessment--Requirements for Accreditation Bodies Accrediting
Conformity Assessment Bodies.'' The CPSC regulation for acceptance of
third-party testing laboratories is 16 CFR part 1112. The CPSC
regulation for testing and labeling pertaining to product certification
is 16 CFR part 1107. In FY 2021, staff submitted a briefing package to
the Commission that recommended a direct final rule to amend 16 CFR
part 1112 to update the incorporation by reference from ISO/IEC
17025:2005 to ISO/IEC 17025:2017. This rule was approved by the
Commission on April 9, 2021. The direct final rule also amends 16 CFR
part 1107 to update the incorporation by reference from ISO/IEC
17025:2005 to ISO/IEC 17025:2017 and the incorporation by reference
from ISO/IEC 17011:2004 to ISO/IEC 17011:2017.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Staff Sends Direct Final Rule 03/31/21 .......................
Briefing Package to Commission.
Direct Final Rule Published......... 04/30/21 86 FR 22863
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Scott Heh, Laboratory Accreditation Program
Manager, Consumer Product Safety Commission, National Product Testing
and Evaluation Center, 5 Research Place, Rockville, MD 20850, Phone:
301 504-7646, Email: [email protected].
RIN: 3041-AD78
471. Regulatory Flexibility Act Review of the Testing and Labeling
Regulations Pertaining to Product Certification of Children's Products,
Including Reliance on Component Part Testing
Legal Authority: 5 U.S.C. 610
Abstract: Under section 610 of the Regulatory Flexibility Act
(RFA), CPSC must review within 10 years after their issuance
regulations that have a significant economic impact on a substantial
number of small entities. CPSC is conducting this review of the
regulations for third party testing and certification to demonstrate
compliance with safety standards for children's products. CPSC issued
the testing and component part regulations in 16 CFR parts 1107 and
1109 in 2011. CPSC will publish notice of this review and seek comments
to determine whether, consistent with CPSC's statutory obligations,
these regulations should be maintained without change, or modified to
minimize the significant impact of the rules on a substantial number of
small entities.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Staff Sends Notice of Availability 07/15/20 .......................
to Commission.
Commission Decision................. 07/21/20 .......................
Notice of Availability Published.... 08/24/20 85 FR 52078
Comment Period Ends................. 10/23/20 .......................
Briefing Package to Commission...... 05/19/21 .......................
Commission Decision................. 05/25/21 .......................
Notice of Availability Published.... 06/07/21 86 FR 30288
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Susan Proper, Directorate for Economic Analysis,
Consumer Product Safety Commission, 4330 East-West Hwy., Bethesda, MD
20814, Phone: 301 504-7628, Email: [email protected].
RIN: 3041-AD80
[FR Doc. 2021-27973 Filed 1-28-22; 8:45 am]
BILLING CODE 6355-01-P
