Petition Requesting Rulemaking To Mandate Testing and Labeling Regarding Slip Resistance of Flooring, Floor Coatings and Treatments, Floor Cleaning Agents, and Footwear, 3914-3915 [2024-01081]

Download as PDF 3914 Federal Register / Vol. 89, No. 14 / Monday, January 22, 2024 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 Status: The February 26, 2024 meeting will be open to public participation with a 15-minute public comment period at 3:15 p.m. EST. The ORAP expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of three minutes. Written comments for the February 26, 2024 meeting should be received by February 16, 2024 by the ORAP DFO (DFO.orap@ noaa.gov) to provide sufficient time for ORAP review. Written comments received by the ORAP DFO after this date will be distributed to the ORAP, but may not be reviewed prior to the meeting date. Special Accommodations: These meetings are physically accessible to people with disabilities. Requests for special accommodations may be directed to the ORAP DFO no later than 12 p.m. EST on February 16, 2024. Matters to be Considered: During the ORAP meeting on Dec 13–14, 2023, the Ocean Policy Committee (OPC) requested that the ORAP advise on areas of opportunity for partnership (such as through the National Oceanic Partnership Program) on the topic of emerging technology (which could include Artificial Intelligence/Machine Learning, eDNA, and similar technology) with ocean industry and other sectors over the next 5–10 years. The OPC also requested that ORAP selfselect another topic to address. The ORAP members agreed that the topic of accessible, inter-operable, interdisciplinary, and trusted ocean data to meet research and user needs is critical and deserves ORAP immediate attention. At this virtual meeting on February 26, 2024, ORAP members will be discussing the approach to address those two OPC taskings based on an initial review of each topic conducted by ORAP members. Meeting materials, including work products, will be made available on the ORAP website: https:// www.noaa.gov/ocean-research-advisorypanel/orap-public-meetings. Dated: December 19, 2023. David Holst, Director Chief Financial Officer/CAO, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration. [FR Doc. 2024–01062 Filed 1–19–24; 8:45 am] BILLING CODE 3510–KD–P VerDate Sep<11>2014 18:02 Jan 19, 2024 Jkt 262001 CONSUMER PRODUCT SAFETY COMMISSION [Docket No. CPSC–2024–0003] Petition Requesting Rulemaking To Mandate Testing and Labeling Regarding Slip Resistance of Flooring, Floor Coatings and Treatments, Floor Cleaning Agents, and Footwear Consumer Product Safety Commission. ACTION: Request for comments on petition for rulemaking. AGENCY: The Consumer Product Safety Commission (CPSC or Commission) has received a petition requesting that the Commission initiate rulemaking to mandate testing and labeling regarding the slip resistance (traction) of commercial and residential grade floor coverings, floor coatings and treatments, residential and commercial floor cleaning agents, and consumer footwear. The Commission invites written comments concerning the petition. DATES: Submit comments by April 22, 2024. SUMMARY: Submit comments, identified by Docket No. CPSC–2024– 0003, by any of the following methods: Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at: https:// www.regulations.gov. Follow the instructions for submitting comments. CPSC typically does not accept comments submitted by email, except as described below. CPSC encourages you to submit electronic comments by using the Federal eRulemaking Portal. Mail/Hand Delivery/Courier Written Submissions: Submit comments by mail/hand delivery/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 for this notice. CPSC may post all comments without change, including any personal identifiers, contact information, or other personal information provided, to: https:// www.regulations.gov. Do not submit electronically: confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to ADDRESSES: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 the public. If you wish to submit such information, please submit it according to the instructions for mail/hand delivery/courier written submissions. Docket: To read background documents or comments regarding this petition, go to: https:// www.regulations.gov, insert docket number CPSC–2024–0003 in the ‘‘Search’’ box, and follow the prompts. FOR FURTHER INFORMATION CONTACT: Alberta E. Mills, Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone: (301) 504–7479; email: amills@cpsc.gov. SUPPLEMENTARY INFORMATION: On April 11, 2023, the National Floor Safety Institute (NFSI; petitioner) requested that the Commission initiate rulemaking to mandate testing and labeling regarding the slip resistance (traction) of commercial and residential grade floor coverings, floor coatings and treatments, residential and commercial floor cleaning agents, and consumer footwear. The petitioner requests that the Commission require that: • manufacturers of commercial and residential grade floor coverings and coatings test the slip resistance of their products in accordance with the most current version of NFSI’s standard B101.3, Test Method for Measuring the Wet Dynamic Coefficient of Friction (DCOF) of Hard Surface Walkways, and label their products in accordance with the most current version of NFSI standard B101.5, Standard Guide for Uniform Labeling Method for Identifying the Wet Dynamic Coefficient of Friction (Traction) of Floor Coverings, Floor Coatings, Treatments, Commercial and Residential Floor Chemical Agents, and Consumer Footwear (B101.5); • manufacturers of commercial and residential grade chemical floor cleaners and treatments test the slip resistance of their products in accordance with the most current version of NFSI standard B101.2, Test Method for Determining the Impact on Wet Coefficients of Friction of Various Chemical or Physical Walkway Surface Cleaners and Treatments on Common Hard-Surface Flooring Materials, and label their products in accordance with the most current version of NFSI standard B101.5; and • manufacturers of footwear test the slip resistance of their products’ outsoles in accordance with the most current version of NFSI standard B101.7, Standard Test Method for Lab Measurement of Footwear Heel Outsole Material Coefficient of Friction on Liquid-Contaminated Floor Surfaces, and label their products in accordance E:\FR\FM\22JAN1.SGM 22JAN1 Federal Register / Vol. 89, No. 14 / Monday, January 22, 2024 / Notices with the most current version of NFSI standard B101.5. The NFSI standards that the petitioner requests that the Commission mandate provide test methods for assessing the coefficient of friction (COF) of the listed products along with graphics to label the products as having low, moderate, or high traction, based on the COF test results.1 As such, the petitioner’s request is not that any level of slip resistance be mandated, but rather that the listed products be tested for their COF and then labeled with the resulting information. The petitioner asserts that requiring manufacturers to provide this slip-resistance information to consumers at the point of sale would enable consumers to make informed buying decisions, and thereby address the risk of injury associated with slips and falls, primarily involving the elderly. The petitioner previously submitted similar requests for rulemaking. In 2015, the petitioner requested that the Commission initiate a rulemaking to require manufacturers of floor coverings to test and label their products in accordance with NFSI B101.5–2014, Standard Guide for Uniform Labeling Method for Identifying the Wet Static and Wet Dynamic Coefficient of Friction (Traction) of Floor Coverings, Floor Coverings with Coatings, and Treated Floor Coverings. That request was docketed as petition CP 16–1.2 The Commission denied that petition because there was insufficient information to demonstrate that the requested rule would assist consumers in assessing the comparative safety of floor coverings or reduce slip and fall incidents. Specifically, the Commission concluded that the petition did not establish an association between slip and fall incidents and particular types of flooring; there was a lack of consistency and accuracy in test methods used; there was insufficient information in the petition to indicate that a high COF decreased the risk of slips and falls; and a labeling requirement would be insufficient to address the hazard because a COF is likely only one of several factors involved in slips and falls.3 ddrumheller on DSK120RN23PROD with NOTICES1 1 During the comment period for this notice, readonly copies of the NFSI standards referenced in the petition are available for viewing at https://nfsi.org/ nfsi-standards-portal/. 2 The docketing notice for CP 16–1 is available at 80 FR 75,639 (Dec. 3, 2015). 3 Staff’s briefing package recommending that the Commission deny petition CP 16–1 is available at: https://www.cpsc.gov/s3fs-public/ Petition%20CP%2016-1%20-%20Labeling%20 Requirements%20Regarding%20SlipResistance%20of%20Floor%20Coverings%20%20December%207%202016.pdf. The Record of VerDate Sep<11>2014 18:02 Jan 19, 2024 Jkt 262001 In 2018, the petitioner submitted a similar request that the Commission initiate rulemaking to require manufacturers of floor coverings and coatings to test their products in accordance with NFSI B101.3–2012, Test Method for Measuring Wet DCOF of Common Hard-Surface Floor Materials (Including Action and Limit Thresholds for the Suitable Assessment of the Measured Values), label their products according to NFSI B101.5–2014, and require flooring retailers to provide point-of-sale information regarding the label to assist with purchasing decisions. That request was docketed as petition CP 18–2.4 The Commission denied that petition because the request had not adequately addressed the concerns cited in the previous denial.5 The Commission seeks comments concerning the present petition. The major factors the Commission considers in deciding whether to grant or deny a petition (in pertinent part) include the following: • whether the product presents an unreasonable risk of injury; • whether a rule is reasonably necessary to eliminate or reduce the risk of injury; and • whether failure of the Commission to initiate the rulemaking proceeding Commission Action directing staff to prepare a denial letter is available at: https://www.cpsc.gov/ s3fs-public/RCA%20-%20Petition%20CP%20161%20Labeling%20Requirements %20Regarding%20Slip-Resistance%20 of%20Floor%20Coverings%20121316.pdf. The draft denial letter is available at: https:// www.cpsc.gov/s3fs-public/Draft%20Letter%20 to%20Petitioner%20Regarding%20Denial%20 of%20Petition%20CP-161%20Floor%20Coverings.pdf. The Record of Commission Action approving the issuance of the draft denial letter is available at: https:// www.cpsc.gov/s3fs-public/RCA%20%20Draft%20Letter%20to%20Petitioner %20Regarding%20Denial%20of %20Petition%20CP%20161%20Floor%20Coverings%20011817_0.pdf. 4 The docketing notice for CP 18–2 is available at 83 FR 26228 (June 6, 2018). 5 Staff’s briefing package recommending that the Commission deny petition CP 18–2 is available at: https://www.cpsc.gov/s3fs-public/ Petition%20CP%2018-2%20-%20Labeling %20Requriements%20Regarding%20SlipResistance%20of%20Fl....pdf. The Record of Commission Action directing staff to prepare a draft denial letter is available at: https://www.cpsc.gov/ s3fs-public/RCA%20-%20Petition%20CP%20182%20Labeling%20Requirements%20 Regarding%20Slip-Resistance%20of%20Floor %20Coverings.pdf. The draft denial letter is available at: https://www.cpsc.gov/s3fs-public/ 2018%20Denial%20Letter%20 for%20Petition%20CP%2018-2%20%20Seeking%20Labeling%20Requirments%20 for%20Slip-Resistance%20of%20Floor%20 Coverings%20-%20080719.pdf. The Record of Commission Action approving the issuance of the draft denial letter is available at: https:// www.cpsc.gov/s3fs-public/RCA-Denial%20 Letter%20-%20CP%2018-2%20Seeking %20Labeling%20Requirements%20for%20SlipResistance%20of%20Floor%20Coverings.pdf. PO 00000 Frm 00011 Fmt 4703 Sfmt 9990 3915 requested would unreasonably expose the petitioner or other consumers to the risk of injury which the petitioner alleges is presented by the product. 16 CFR 1051.9(a). In considering these factors, the Commission will treat as an important component of each one the relative priority of the risk of injury associated with the product about which the petition has been filed and the Commission’s resources available for rulemaking activities with respect to that risk of injury. 16 CFR 1051.9(b); see also 16 CFR 1009.8 (stating criteria upon which the Commission priorities are based). The petition is available at: https:// www.regulations.gov, under Docket No. CPSC–2024–0003, Supporting and Related Materials. Alternatively, interested parties may obtain a copy of the petition by writing or calling the Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504–7479. Alberta E. Mills, Secretary, Consumer Product Safety Commission. [FR Doc. 2024–01081 Filed 1–19–24; 8:45 am] BILLING CODE 6355–01–P CONSUMER PRODUCT SAFETY COMMISSION Sunshine Act Meeting Wednesday, January 24, 2024—10:00 a.m. TIME AND DATE: PLACE: Virtual. Commission Meeting—Closed to the Public. STATUS: MATTERS TO BE CONSIDERED: Meeting Matter: Briefing Matters. CONTACT PERSON FOR MORE INFORMATION: Alberta E. Mills, Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, 301–504–7479 (Office) or 240–863–8938 (Cell). Dated: January 17, 2024. Alberta Mills, Commission Secretary. [FR Doc. 2024–01212 Filed 1–18–24; 11:15 am] BILLING CODE 6355–01–P E:\FR\FM\22JAN1.SGM 22JAN1

Agencies

[Federal Register Volume 89, Number 14 (Monday, January 22, 2024)]
[Notices]
[Pages 3914-3915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01081]


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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2024-0003]


Petition Requesting Rulemaking To Mandate Testing and Labeling 
Regarding Slip Resistance of Flooring, Floor Coatings and Treatments, 
Floor Cleaning Agents, and Footwear

AGENCY: Consumer Product Safety Commission.

ACTION: Request for comments on petition for rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) 
has received a petition requesting that the Commission initiate 
rulemaking to mandate testing and labeling regarding the slip 
resistance (traction) of commercial and residential grade floor 
coverings, floor coatings and treatments, residential and commercial 
floor cleaning agents, and consumer footwear. The Commission invites 
written comments concerning the petition.

DATES: Submit comments by April 22, 2024.

ADDRESSES: Submit comments, identified by Docket No. CPSC-2024-0003, by 
any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: https://www.regulations.gov. Follow the 
instructions for submitting comments. CPSC typically does not accept 
comments submitted by email, except as described below. CPSC encourages 
you to submit electronic comments by using the Federal eRulemaking 
Portal.
    Mail/Hand Delivery/Courier Written Submissions: Submit comments by 
mail/hand delivery/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 for this notice. CPSC may post all comments without 
change, including any personal identifiers, contact information, or 
other personal information provided, to: https://www.regulations.gov. 
Do not submit electronically: 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 written submissions.
    Docket: To read background documents or comments regarding this 
petition, go to: https://www.regulations.gov, insert docket number 
CPSC-2024-0003 in the ``Search'' box, and follow the prompts.

FOR FURTHER INFORMATION CONTACT: Alberta E. Mills, Office of the 
Secretary, Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814; telephone: (301) 504-7479; email: [email protected].

SUPPLEMENTARY INFORMATION: On April 11, 2023, the National Floor Safety 
Institute (NFSI; petitioner) requested that the Commission initiate 
rulemaking to mandate testing and labeling regarding the slip 
resistance (traction) of commercial and residential grade floor 
coverings, floor coatings and treatments, residential and commercial 
floor cleaning agents, and consumer footwear. The petitioner requests 
that the Commission require that:
     manufacturers of commercial and residential grade floor 
coverings and coatings test the slip resistance of their products in 
accordance with the most current version of NFSI's standard B101.3, 
Test Method for Measuring the Wet Dynamic Coefficient of Friction 
(DCOF) of Hard Surface Walkways, and label their products in accordance 
with the most current version of NFSI standard B101.5, Standard Guide 
for Uniform Labeling Method for Identifying the Wet Dynamic Coefficient 
of Friction (Traction) of Floor Coverings, Floor Coatings, Treatments, 
Commercial and Residential Floor Chemical Agents, and Consumer Footwear 
(B101.5);
     manufacturers of commercial and residential grade chemical 
floor cleaners and treatments test the slip resistance of their 
products in accordance with the most current version of NFSI standard 
B101.2, Test Method for Determining the Impact on Wet Coefficients of 
Friction of Various Chemical or Physical Walkway Surface Cleaners and 
Treatments on Common Hard-Surface Flooring Materials, and label their 
products in accordance with the most current version of NFSI standard 
B101.5; and
     manufacturers of footwear test the slip resistance of 
their products' outsoles in accordance with the most current version of 
NFSI standard B101.7, Standard Test Method for Lab Measurement of 
Footwear Heel Outsole Material Coefficient of Friction on Liquid-
Contaminated Floor Surfaces, and label their products in accordance

[[Page 3915]]

with the most current version of NFSI standard B101.5.
    The NFSI standards that the petitioner requests that the Commission 
mandate provide test methods for assessing the coefficient of friction 
(COF) of the listed products along with graphics to label the products 
as having low, moderate, or high traction, based on the COF test 
results.\1\ As such, the petitioner's request is not that any level of 
slip resistance be mandated, but rather that the listed products be 
tested for their COF and then labeled with the resulting information. 
The petitioner asserts that requiring manufacturers to provide this 
slip-resistance information to consumers at the point of sale would 
enable consumers to make informed buying decisions, and thereby address 
the risk of injury associated with slips and falls, primarily involving 
the elderly.
---------------------------------------------------------------------------

    \1\ During the comment period for this notice, read-only copies 
of the NFSI standards referenced in the petition are available for 
viewing at https://nfsi.org/nfsi-standards-portal/.
---------------------------------------------------------------------------

    The petitioner previously submitted similar requests for 
rulemaking. In 2015, the petitioner requested that the Commission 
initiate a rulemaking to require manufacturers of floor coverings to 
test and label their products in accordance with NFSI B101.5-2014, 
Standard Guide for Uniform Labeling Method for Identifying the Wet 
Static and Wet Dynamic Coefficient of Friction (Traction) of Floor 
Coverings, Floor Coverings with Coatings, and Treated Floor Coverings. 
That request was docketed as petition CP 16-1.\2\ The Commission denied 
that petition because there was insufficient information to demonstrate 
that the requested rule would assist consumers in assessing the 
comparative safety of floor coverings or reduce slip and fall 
incidents. Specifically, the Commission concluded that the petition did 
not establish an association between slip and fall incidents and 
particular types of flooring; there was a lack of consistency and 
accuracy in test methods used; there was insufficient information in 
the petition to indicate that a high COF decreased the risk of slips 
and falls; and a labeling requirement would be insufficient to address 
the hazard because a COF is likely only one of several factors involved 
in slips and falls.\3\
---------------------------------------------------------------------------

    \2\ The docketing notice for CP 16-1 is available at 80 FR 
75,639 (Dec. 3, 2015).
    \3\ Staff's briefing package recommending that the Commission 
deny petition CP 16-1 is available at: https://www.cpsc.gov/s3fs-public/Petition%20CP%2016-1%20-%20Labeling%20Requirements%20Regarding%20Slip-Resistance%20of%20Floor%20Coverings%20-%20December%207%202016.pdf. 
The Record of Commission Action directing staff to prepare a denial 
letter is available at: https://www.cpsc.gov/s3fs-public/RCA%20-%20Petition%20CP%2016-1%20Labeling%20Requirements%20Regarding%20Slip-Resistance%20of%20Floor%20Coverings%20121316.pdf. The draft denial letter is available at: 
https://www.cpsc.gov/s3fs-public/Draft%20Letter%20to%20Petitioner%20Regarding%20Denial%20of%20Petition%20CP-16-1%20Floor%20Coverings.pdf. The Record of Commission Action 
approving the issuance of the draft denial letter is available at: 
https://www.cpsc.gov/s3fs-public/RCA%20-%20Draft%20Letter%20to%20Petitioner%20Regarding%20Denial%20of%20Petition%20CP%2016-1%20Floor%20Coverings%20011817_0.pdf.
---------------------------------------------------------------------------

    In 2018, the petitioner submitted a similar request that the 
Commission initiate rulemaking to require manufacturers of floor 
coverings and coatings to test their products in accordance with NFSI 
B101.3-2012, Test Method for Measuring Wet DCOF of Common Hard-Surface 
Floor Materials (Including Action and Limit Thresholds for the Suitable 
Assessment of the Measured Values), label their products according to 
NFSI B101.5-2014, and require flooring retailers to provide point-of-
sale information regarding the label to assist with purchasing 
decisions. That request was docketed as petition CP 18-2.\4\ The 
Commission denied that petition because the request had not adequately 
addressed the concerns cited in the previous denial.\5\
---------------------------------------------------------------------------

    \4\ The docketing notice for CP 18-2 is available at 83 FR 26228 
(June 6, 2018).
    \5\ Staff's briefing package recommending that the Commission 
deny petition CP 18-2 is available at: https://www.cpsc.gov/s3fs-public/Petition%20CP%2018-2%20-%20Labeling%20Requriements%20Regarding%20Slip-Resistance%20of%20Fl....pdf. The Record of Commission Action 
directing staff to prepare a draft denial letter is available at: 
https://www.cpsc.gov/s3fs-public/RCA%20-%20Petition%20CP%2018-2%20Labeling%20Requirements%20Regarding%20Slip-Resistance%20of%20Floor%20Coverings.pdf. The draft denial letter is 
available at: https://www.cpsc.gov/s3fs-public/2018%20Denial%20Letter%20for%20Petition%20CP%2018-2%20-%20Seeking%20Labeling%20Requirments%20for%20Slip-Resistance%20of%20Floor%20Coverings%20-%20080719.pdf. The Record of 
Commission Action approving the issuance of the draft denial letter 
is available at: https://www.cpsc.gov/s3fs-public/RCA-Denial%20Letter%20-%20CP%2018-2%20Seeking%20Labeling%20Requirements%20for%20Slip-Resistance%20of%20Floor%20Coverings.pdf.
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    The Commission seeks comments concerning the present petition.
    The major factors the Commission considers in deciding whether to 
grant or deny a petition (in pertinent part) include the following:
     whether the product presents an unreasonable risk of 
injury;
     whether a rule is reasonably necessary to eliminate or 
reduce the risk of injury; and
     whether failure of the Commission to initiate the 
rulemaking proceeding requested would unreasonably expose the 
petitioner or other consumers to the risk of injury which the 
petitioner alleges is presented by the product.

16 CFR 1051.9(a). In considering these factors, the Commission will 
treat as an important component of each one the relative priority of 
the risk of injury associated with the product about which the petition 
has been filed and the Commission's resources available for rulemaking 
activities with respect to that risk of injury. 16 CFR 1051.9(b); see 
also 16 CFR 1009.8 (stating criteria upon which the Commission 
priorities are based).
    The petition is available at: https://www.regulations.gov, under 
Docket No. CPSC-2024-0003, Supporting and Related Materials. 
Alternatively, interested parties may obtain a copy of the petition by 
writing or calling the Office of the Secretary, Consumer Product Safety 
Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 
504-7479.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2024-01081 Filed 1-19-24; 8:45 am]
BILLING CODE 6355-01-P


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