Notice of Availability and Request for Comment: “Study of Debris Penetration of Recreational Off-Highway Vehicle (ROV) Proof-of-Concept (POC) Floorboard Guards”, 78037-78038 [2022-27640]
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Federal Register / Vol. 87, No. 244 / Wednesday, December 21, 2022 / Proposed Rules
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[FR Doc. 2022–27349 Filed 12–20–22; 8:45 am]
BILLING CODE 6714–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
14 CFR Part 1421
[Docket No. CPSC–2021–0014]
Notice of Availability and Request for
Comment: ‘‘Study of Debris
Penetration of Recreational OffHighway Vehicle (ROV) Proof-ofConcept (POC) Floorboard Guards’’
Consumer Product Safety
Commission.
ACTION: Proposed rule; availability of
supplemental information.
AGENCY:
The U.S. Consumer Product
Safety Commission (Commission or
CPSC) is announcing the availability of,
and seeking comment on, a report from
SEA, Ltd. (SEA), ‘‘Study of Debris
Penetration of Recreational Off-Highway
Vehicle (ROV) Proof-of-Concept (POC)
Floorboard Guards’’ (SEA Technical
Report). This report is related to CPSC’s
notice of proposed rulemaking (NPR)
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
16:23 Dec 20, 2022
Jkt 259001
regarding off-highway vehicle debris
penetration hazards. CPSC contracted
with SEA to perform debris penetration
tests on POC floorboard guards per the
test methods described in the NPR. The
SEA Technical Report also evaluates an
alternative test method for debris
penetration that is proposed in two draft
voluntary standards. The SEA testing
evaluates the effectiveness of the test
methods in addressing the debris
penetration hazard and the feasibility of
the proposed requirements in the NPR.
DATES: Comments must be received by
January 20, 2023.
ADDRESSES: Submit comments,
identified by Docket No. CPSC–2021–
0014, by any of the following methods:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at:
www.regulations.gov. Follow the
instructions for submitting comments.
CPSC typically does not accept
comments submitted by electronic mail
(email), except as described below.
CPSC encourages you to submit
electronic comments by using the
Federal eRulemaking Portal.
Mail/hand delivery/courier/
confidential Written Submissions:
Submit comments by mail, hand
delivery, or courier to: Office of the
Secretary, Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone: (301)
504–7479. If you wish to submit
confidential business information, trade
secret information, or other sensitive or
protected information that you do not
want to be available to the public, you
may submit such comments by mail,
hand delivery, or courier, or you may
email them to: cpsc-os@cpsc.gov.
Instructions: All submissions must
include the agency name and docket
number. CPSC may post all comments
without change, including any personal
identifiers, contact information, or other
personal information provided, to
www.regulations.gov. Do not submit
through this website: confidential
business information, trade secret
information, or other sensitive or
protected information that you do not
want to be available to the public. If you
wish to submit such information, please
submit it according to the instructions
for mail/hand delivery/courier/
confidential written submissions.
Docket: For access to the docket to
read background documents or
comments received, go to:
www.regulations.gov, and insert the
docket number, CPSC–2021–0014, into
the ‘‘Search’’ box, and follow the
prompts.
PO 00000
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78037
Han
Lim, Directorate for Engineering
Sciences, U.S. Consumer Product Safety
Commission, 5 Research Place,
Rockville, MD 20850; telephone: (301)
987–2327; email: hlim@cpsc.gov.
SUPPLEMENTARY INFORMATION: CPSC is
engaged in a rulemaking to address
debris penetration hazards associated
with ROVs and Utility Task/Terrain
Vehicles (UTVs). On July 21, 2022, the
Commission published in the Federal
Register an NPR regarding a Safety
Standard for Debris Penetration
Hazards, 87 FR 43688.
The NPR proposed test methods to
address debris penetration hazards
associated with ROVs and UTVs. The
Outdoor Power Equipment Institute
(OPEI) and Recreational Off-Highway
Vehicle Association (ROHVA), two
industry groups that represent ROV and
UTV manufacturers in the United
States, have proposed a different debris
penetration test method in two draft
voluntary standards.1 These two draft
standards, ANSI/OPEI B71.9–202x and
ANSI/ROHVA–1–202x, include a drop
test with an impact energy of 355 joules
(the ‘‘355 J drop test’’) that OPEI and
ROHVA assert will address the debris
penetration hazard.2 OPEI and ROHVA
proposed this test method as an
alternative to the NPR test methods.
OPEI and ROHVA assert that the energy
level used in the 355 J drop test method
is based on the OPEI and ROHVA
members’ warranty claim and incident
data.
CPSC contracted with SEA to perform
debris penetration tests on POC
floorboard guards per the test methods
described in the NPR and the 355 J drop
test method in the two draft voluntary
standards. The Technical Report,
‘‘Study of Debris Penetration of
Recreational Off-highway Vehicle (ROV)
Proof-of-Concept (POC) Floorboard
Guards,’’ completed by SEA in October
2022, provides discussion and test
results from testing to the proposed
requirements in the NPR, and to the 355
J drop test method proposed in the two
draft voluntary standards. SEA
conducted this testing to evaluate the
feasibility and effectiveness of POC
FOR FURTHER INFORMATION CONTACT:
1 OPEI balloted the proposed test on August 3,
2022. ROHVA balloted the proposed test on
September 8, 2022.
2 OPEI included the draft proposed drop test
procedure in a comment to the ROV/UTV Debris
Penetration NPR (pages 29 to 32 in the PDF
attachment): https://www.regulations.gov/comment/
CPSC-2021-0014-0191. The drop test method
involves a 2-inch diameter wood penetrator dowel
that strikes an ROV/UTV floorboard surface when
an 80-pound weight is dropped onto the dowel
from 1 meter. The drop weight is dropped in a
guided path using a plastic pipe or other means to
allow for vertical free fall.
E:\FR\FM\21DEP1.SGM
21DEP1
lotter on DSK11XQN23PROD with PROPOSALS1
78038
Federal Register / Vol. 87, No. 244 / Wednesday, December 21, 2022 / Proposed Rules
floorboard guards that conform to the
proposed requirements in the NPR, as
well as to assess the NPR and 355 J drop
test methods.
SEA conducted debris penetration
tests using full-scale, autonomously
driven ROVs. SEA also tested a
simulated ROV sled system it
previously developed,3 to evaluate POC
floorboard guards’ strength and their
ability to reduce the debris penetration
hazard. Both the sled tests and
autonomous ROV were used to simulate
an ROV colliding with an embedded
tree branch (represented by a wooden
dowel).
The sled tests were conducted in
accordance with the proposed
requirements in the NPR. Specifically, a
simulated vehicle was propelled in a
straight-line path towards 2-inch and 3inch diameter wooden dowels at 10, 12,
and 14 mph speeds. The report
describes how floorboard guards can be
designed to prevent debris penetration
at 10 mph, as proposed in the NPR. All
tests that had POC aluminum floorboard
guards that were at least 0.125 inches
thick did not have debris penetrations.
These POC floorboard guards are
thinner than an aftermarket floorboard
guard that passed a 10 mph test during
the 2021 SEA study, which was 0.170
inch thick. Test results also showed that
POC floorboard guards capable of
resisting debris penetration at 10 mph
were additionally capable of resisting
debris penetration at speeds greater than
10 mph. These test results appear to
confirm the feasibility of designing
floorboard guards that effectively reduce
the risk to consumers of debris
penetration hazards.
The SEA Technical Report also
contains results of sled tests evaluating
a commercially available, model year
2022 plastic floorboard that OPEI and
ROHVA members indicated conforms to
the draft 355 J drop test method. The
SEA report compares the impact results
at the 355 J energy level per the NPR test
condition of a fully loaded vehicle
traveling at 10 mph, which is
approximately a 10,000 J energy level.
The sled speed found to produce an
impact energy level equivalent to the
355 J test condition is approximately 2.2
mph. Although no debris penetration of
the plastic floorboard occurred at the 2.2
mph test condition, debris penetration
did occur at the NPR’s 10 mph test
3 For background information, the following 2021
SEA report describes the development of the
autonomous and sled test methods and debris
penetration testing of commercially available
aftermarket floorboard guards: https://
www.cpsc.gov/content/Study-of-Debris-Penetrationof-Recreational-Off-Highway-Vehicle-ROVFloorboards.
VerDate Sep<11>2014
16:23 Dec 20, 2022
Jkt 259001
condition, as well as at a 6 mph test
condition. The 10 mph speed is
representative of incidents reviewed by
CPSC and SEA staff, and it is reasonable
to assume that drivers will operate
ROVs and UTVs at these speeds in
wooded areas where debris is likely.
Thus, the test results indicate that the
OPEI/ROHVA proposed 355 J energy
drop test method draft requirement does
not adequately prevent debris
penetration at 10 mph and poses a risk
of debris penetration that could cause
serious injury or death to ROV and UTV
occupants.
The Commission seeks public
comment on the SEA Technical Report.
The report is available on CPSC’s
website at: https://www.cpsc.gov/
content/Study-of-Debris-Penetration-ofRecreational-Off-highway-Vehicle-ROVProof-of-Concept-POC-FloorboardGuards.
Comments must be received by
January 20, 2023.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2022–27640 Filed 12–20–22; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 51
RIN 2900–AR62
Payments Under State Home Care
Agreements for Nursing Home Care
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs proposes to amend its State
home per diem regulation to provide a
new formula for calculating the
prevailing rate VA would pay a State
home that enters into a State home care
agreement to provide nursing home care
to eligible veterans.
DATES: Comments must be received on
or before February 21, 2023.
ADDRESSES: Comments must be
submitted through www.regulations.gov.
Except as provided below, comments
received before the close of the
comment period will be available at
www.regulations.gov for public viewing,
inspection, or copying, including any
personally identifiable or confidential
business information that is included in
a comment. We post the comments
received before the close of the
comment period on the following
website as soon as possible after they
have been received: https://
SUMMARY:
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
www.regulations.gov. VA will not post
on Regulations.gov public comments
that make threats to individuals or
institutions or suggest that the
commenter will take actions to harm the
individual. VA encourages individuals
not to submit duplicative comments. We
will post acceptable comments from
multiple unique commenters even if the
content is identical or nearly identical
to other comments. Any public
comment received after the comment
period’s closing date is considered late
and will not be considered in the final
rulemaking.
FOR FURTHER INFORMATION CONTACT: Lisa
Minor, National Director, Facilities
Based Care, Geriatrics and Extended
Care, 12GEC, Veterans Health
Administration, Department of Veterans
Affairs, 810 Vermont Avenue NW,
Washington, DC 20420, (202) 632–8320.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION:
I. Background
The State homes program is the
largest provider of long-term care for our
Nation’s veterans with more than 162
State homes across all 50 states and
Puerto Rico, totaling over 30,000 beds.
They provide skilled nursing care,
domiciliary care, and adult day health
care (ADHC) to both veterans and nonveterans. Each State home is owned,
operated, and managed by each State’s
government. In order to qualify for VA
per diem payments, a State home
facility must be formally recognized and
certified by VA as meeting the
requirements and standards (e.g.,
quality of life, quality of care, physical
environment, etc.) necessary to receive
such payments. After certification, VA
reviews each State home annually to
ensure continued compliance with VA’s
requirements and standards.
As it pertains to nursing home care,
VA pays State homes a per diem for
each eligible veteran who receives
nursing home care from a State home.
There are two types of per diem rates
that VA may pay a State home for
providing nursing home care: a basic
rate for veterans who meet the State
nursing home per diem eligibility
criteria or a prevailing rate for certain
veterans with service-connected
disabilities for whom the State provides
nursing home care pursuant to a State
home care agreement (SHCA). This
rulemaking proposes changes that
would affect the prevailing rate for
nursing home care, not the basic rate.
II. Authority
VA has authority to pay State homes
for providing nursing home care to
E:\FR\FM\21DEP1.SGM
21DEP1
Agencies
[Federal Register Volume 87, Number 244 (Wednesday, December 21, 2022)]
[Proposed Rules]
[Pages 78037-78038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27640]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
14 CFR Part 1421
[Docket No. CPSC-2021-0014]
Notice of Availability and Request for Comment: ``Study of Debris
Penetration of Recreational Off-Highway Vehicle (ROV) Proof-of-Concept
(POC) Floorboard Guards''
AGENCY: Consumer Product Safety Commission.
ACTION: Proposed rule; availability of supplemental information.
-----------------------------------------------------------------------
SUMMARY: The U.S. Consumer Product Safety Commission (Commission or
CPSC) is announcing the availability of, and seeking comment on, a
report from SEA, Ltd. (SEA), ``Study of Debris Penetration of
Recreational Off-Highway Vehicle (ROV) Proof-of-Concept (POC)
Floorboard Guards'' (SEA Technical Report). This report is related to
CPSC's notice of proposed rulemaking (NPR) regarding off-highway
vehicle debris penetration hazards. CPSC contracted with SEA to perform
debris penetration tests on POC floorboard guards per the test methods
described in the NPR. The SEA Technical Report also evaluates an
alternative test method for debris penetration that is proposed in two
draft voluntary standards. The SEA testing evaluates the effectiveness
of the test methods in addressing the debris penetration hazard and the
feasibility of the proposed requirements in the NPR.
DATES: Comments must be received by January 20, 2023.
ADDRESSES: Submit comments, identified by Docket No. CPSC-2021-0014, by
any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: www.regulations.gov. Follow the instructions for
submitting comments. CPSC typically does not accept comments submitted
by electronic mail (email), except as described below. CPSC encourages
you to submit electronic comments by using the Federal eRulemaking
Portal.
Mail/hand delivery/courier/confidential Written Submissions: Submit
comments by mail, hand delivery, or courier to: Office of the
Secretary, Consumer Product Safety Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone: (301) 504-7479. If you wish to submit
confidential business information, trade secret information, or other
sensitive or protected information that you do not want to be available
to the public, you may submit such comments by mail, hand delivery, or
courier, or you may email them to: [email protected].
Instructions: All submissions must include the agency name and
docket number. CPSC may post all comments without change, including any
personal identifiers, contact information, or other personal
information provided, to www.regulations.gov. Do not submit through
this website: confidential business information, trade secret
information, or other sensitive or protected information that you do
not want to be available to the public. If you wish to submit such
information, please submit it according to the instructions for mail/
hand delivery/courier/confidential written submissions.
Docket: For access to the docket to read background documents or
comments received, go to: www.regulations.gov, and insert the docket
number, CPSC-2021-0014, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Han Lim, Directorate for Engineering
Sciences, U.S. Consumer Product Safety Commission, 5 Research Place,
Rockville, MD 20850; telephone: (301) 987-2327; email: [email protected].
SUPPLEMENTARY INFORMATION: CPSC is engaged in a rulemaking to address
debris penetration hazards associated with ROVs and Utility Task/
Terrain Vehicles (UTVs). On July 21, 2022, the Commission published in
the Federal Register an NPR regarding a Safety Standard for Debris
Penetration Hazards, 87 FR 43688.
The NPR proposed test methods to address debris penetration hazards
associated with ROVs and UTVs. The Outdoor Power Equipment Institute
(OPEI) and Recreational Off-Highway Vehicle Association (ROHVA), two
industry groups that represent ROV and UTV manufacturers in the United
States, have proposed a different debris penetration test method in two
draft voluntary standards.\1\ These two draft standards, ANSI/OPEI
B71.9-202x and ANSI/ROHVA-1-202x, include a drop test with an impact
energy of 355 joules (the ``355 J drop test'') that OPEI and ROHVA
assert will address the debris penetration hazard.\2\ OPEI and ROHVA
proposed this test method as an alternative to the NPR test methods.
OPEI and ROHVA assert that the energy level used in the 355 J drop test
method is based on the OPEI and ROHVA members' warranty claim and
incident data.
---------------------------------------------------------------------------
\1\ OPEI balloted the proposed test on August 3, 2022. ROHVA
balloted the proposed test on September 8, 2022.
\2\ OPEI included the draft proposed drop test procedure in a
comment to the ROV/UTV Debris Penetration NPR (pages 29 to 32 in the
PDF attachment): https://www.regulations.gov/comment/CPSC-2021-0014-0191. The drop test method involves a 2-inch diameter wood
penetrator dowel that strikes an ROV/UTV floorboard surface when an
80-pound weight is dropped onto the dowel from 1 meter. The drop
weight is dropped in a guided path using a plastic pipe or other
means to allow for vertical free fall.
---------------------------------------------------------------------------
CPSC contracted with SEA to perform debris penetration tests on POC
floorboard guards per the test methods described in the NPR and the 355
J drop test method in the two draft voluntary standards. The Technical
Report, ``Study of Debris Penetration of Recreational Off-highway
Vehicle (ROV) Proof-of-Concept (POC) Floorboard Guards,'' completed by
SEA in October 2022, provides discussion and test results from testing
to the proposed requirements in the NPR, and to the 355 J drop test
method proposed in the two draft voluntary standards. SEA conducted
this testing to evaluate the feasibility and effectiveness of POC
[[Page 78038]]
floorboard guards that conform to the proposed requirements in the NPR,
as well as to assess the NPR and 355 J drop test methods.
SEA conducted debris penetration tests using full-scale,
autonomously driven ROVs. SEA also tested a simulated ROV sled system
it previously developed,\3\ to evaluate POC floorboard guards' strength
and their ability to reduce the debris penetration hazard. Both the
sled tests and autonomous ROV were used to simulate an ROV colliding
with an embedded tree branch (represented by a wooden dowel).
---------------------------------------------------------------------------
\3\ For background information, the following 2021 SEA report
describes the development of the autonomous and sled test methods
and debris penetration testing of commercially available aftermarket
floorboard guards: https://www.cpsc.gov/content/Study-of-Debris-Penetration-of-Recreational-Off-Highway-Vehicle-ROV-Floorboards.
---------------------------------------------------------------------------
The sled tests were conducted in accordance with the proposed
requirements in the NPR. Specifically, a simulated vehicle was
propelled in a straight-line path towards 2-inch and 3-inch diameter
wooden dowels at 10, 12, and 14 mph speeds. The report describes how
floorboard guards can be designed to prevent debris penetration at 10
mph, as proposed in the NPR. All tests that had POC aluminum floorboard
guards that were at least 0.125 inches thick did not have debris
penetrations. These POC floorboard guards are thinner than an
aftermarket floorboard guard that passed a 10 mph test during the 2021
SEA study, which was 0.170 inch thick. Test results also showed that
POC floorboard guards capable of resisting debris penetration at 10 mph
were additionally capable of resisting debris penetration at speeds
greater than 10 mph. These test results appear to confirm the
feasibility of designing floorboard guards that effectively reduce the
risk to consumers of debris penetration hazards.
The SEA Technical Report also contains results of sled tests
evaluating a commercially available, model year 2022 plastic floorboard
that OPEI and ROHVA members indicated conforms to the draft 355 J drop
test method. The SEA report compares the impact results at the 355 J
energy level per the NPR test condition of a fully loaded vehicle
traveling at 10 mph, which is approximately a 10,000 J energy level.
The sled speed found to produce an impact energy level equivalent to
the 355 J test condition is approximately 2.2 mph. Although no debris
penetration of the plastic floorboard occurred at the 2.2 mph test
condition, debris penetration did occur at the NPR's 10 mph test
condition, as well as at a 6 mph test condition. The 10 mph speed is
representative of incidents reviewed by CPSC and SEA staff, and it is
reasonable to assume that drivers will operate ROVs and UTVs at these
speeds in wooded areas where debris is likely. Thus, the test results
indicate that the OPEI/ROHVA proposed 355 J energy drop test method
draft requirement does not adequately prevent debris penetration at 10
mph and poses a risk of debris penetration that could cause serious
injury or death to ROV and UTV occupants.
The Commission seeks public comment on the SEA Technical Report.
The report is available on CPSC's website at: https://www.cpsc.gov/content/Study-of-Debris-Penetration-of-Recreational-Off-highway-Vehicle-ROV-Proof-of-Concept-POC-Floorboard-Guards.
Comments must be received by January 20, 2023.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2022-27640 Filed 12-20-22; 8:45 am]
BILLING CODE 6355-01-P