Semiannual Regulatory Agenda, 66904-66910 [2024-16466]
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66904
Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Ch. II
Semiannual Regulatory Agenda
U.S. Consumer Product Safety
Commission.
ACTION: Semiannual Regulatory Agenda.
AGENCY:
In this document, the
Commission publishes its semiannual
regulatory flexibility agenda. In
addition, this document includes an
agenda of regulations that the
Commission expects to develop or
review during the next 12 months. This
document meets the requirements of the
Regulatory Flexibility Act and Executive
Order 12866. Information in this agenda
was accurate as of May 2024 when the
Commission prepared this agenda.
DATES: The Commission welcomes
comments on the agenda and on the
individual agenda entries. Submit
comments to the Office of the Secretary
on or before September 16, 2024.
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
Office of the Secretary, 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 Daniel Vice, Office of
the General Counsel, U.S. Consumer
Product Safety Commission, 4330 East
West Highway, Bethesda, MD 20814–
4408, dvice@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.
Id. In addition, the regulatory flexibility
agenda must contain the name and
telephone number of an agency official
who is knowledgeable about the listed
items. Id. Agencies must attempt to
provide notice of their agendas to small
entities and solicit their comments
either by directly notifying them, or by
including the agenda in publications
that small entities are likely to obtain.
Id.
In addition, Executive Order 12866,
Regulatory Planning and Review (Sep.
30, 1993), requires each agency to
publish, twice a year, a regulatory
agenda of regulations under
development or review during the next
year. 58 FR 51735 (Oct. 4, 1993). The
Executive Order states that agencies
may combine this agenda with the
regulatory flexibility agenda required
under the RFA. The agenda required by
Executive Order 12866 must include all
the regulations the agency expects to
develop or review during the next 12
months, regardless of whether they may
have a significant economic impact on
a substantial number of small entities.
This agenda also includes regulatory
activities that the Commission listed in
the fall 2023 agenda and completed
before publishing this agenda.
The agenda contains a brief
description and summary of each
regulatory activity, including the
objectives and legal basis for each; an
approximate schedule of target dates,
subject to revision, for developing or
completing each activity; and the name
and telephone number of an agency
official who is knowledgeable about
items in the agenda.
The internet is the primary means for
disseminating the Unified Agenda. The
complete Unified Agenda will be
available online at: www.reginfo.gov, in
a format that allows users to obtain
information from the agenda database.
Because agencies must publish in the
Federal Register the regulatory
flexibility agenda required by the RFA
(5 U.S.C. 602), the Commission’s
printed agenda entries include only:
(1) rules that are in the agency’s
regulatory flexibility agenda, in
accordance with the RFA, because they
are likely to have a significant economic
impact on a substantial number of small
entities; and
(2) rules that the agency has identified
for periodic review under section 610 of
the RFA.
The entries in the Commission’s
printed agenda are limited to fields that
contain information that the RFA
requires in an agenda. Additional
information on these entries is available
in the Unified Agenda published on the
internet.
The agenda reflects the Commission’s
agenda as of May 2024. It contains an
assessment of the likelihood that the
specified event will occur during the
next year; the precise dates for each
rulemaking are uncertain. New
information, changes of circumstances,
or changes in the law, may alter
anticipated timing. In addition, this
agenda does not represent a final
determination by the Commission or its
staff regarding the need for, or the
substance of, any rule or regulation.
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
252 ....................
Safety Standard for Bassinets and Cradles ....................................................................................................
3041–AD97
CONSUMER PRODUCT SAFETY COMMISSION—FINAL RULE STAGE
Sequence No.
253
254
255
256
....................
....................
....................
....................
VerDate Sep<11>2014
Regulation
Identifier No.
Title
Regulatory Options for Table Saws .................................................................................................................
Portable Generators .........................................................................................................................................
Safety Standard for Residential Gas Furnaces and Boilers ............................................................................
Off-Highway Vehicles Debris Penetration Hazards .........................................................................................
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3041–AC31
3041–AC36
3041–AD70
3041–AD83
Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda
66905
CONSUMER PRODUCT SAFETY COMMISSION—FINAL RULE STAGE—Continued
Regulation
Identifier No.
Sequence No.
Title
257 ....................
258 ....................
259 ....................
Safety Standard for Infant Support Cushions (Previously Infant Pillow Ban) .................................................
Infant Rockers and Infant/Toddler Rockers .....................................................................................................
Safety Standard for Infant Nursing Pillows ......................................................................................................
3041–AD89
3041–AD98
3041–AD99
CONSUMER PRODUCT SAFETY COMMISSION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
260 ....................
Recreational Off-Road Vehicles .......................................................................................................................
3041–AC78
CONSUMER PRODUCT SAFETY COMMISSION—COMPLETED ACTIONS
Title
261 ....................
Exemption of Baloxavir Marboxil Tablets From Poison Prevention Packaging Requirements (Formerly
Xofluza Petition).
CONSUMER PRODUCT SAFETY
COMMISSION (CPSC)
Proposed Rule Stage
252. Safety Standard for Bassinets and
Cradles [3041–AD97]
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Regulation
Identifier No.
Sequence No.
Legal Authority: 5 U.S.C. 553(e); 15
U.S.C. 2056a
Abstract: Section 104 of the Consumer
Product Safety Improvement Act of
2008 (CPSIA) is the Danny Keysar Child
Product Safety Notification Act. This
Act requires the U.S. Consumer Product
Safety Commission (CPSC or
Commission) to: (1) examine and assess
voluntary safety standards for certain
infant or toddler products, and (2)
promulgate mandatory consumer
product safety standards that are
substantially the same as the voluntary
standards or more stringent than the
voluntary standards if the Commission
determines that more stringent
standards would further reduce the risk
of injury associated with these products.
Section 104 also requires the
Commission to periodically review and
revise durable infant or toddler
standards to ensure that such standards
provide the highest level of safety for
such products that is feasible. On
February 28, 2024, staff sent a briefing
package with a draft notice of proposed
rulemaking (NPRM) to the Commission
to update the Safety Standard for
Bassinets and Cradles to address
hazards associated with the use of
bassinets on elevated and soft surfaces,
ensure bassinets provide a flat, firm
sleep surface, and to provide updated
and accurate warnings. On March 20,
2024, the Commission voted to publish
an NPRM, with amendments to the draft
VerDate Sep<11>2014
22:16 Aug 15, 2024
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that staff submitted. The NPRM was
published on April 16, 2024 and the
comment period will close on June 17,
2024.
Timetable:
Action
Date
Staff Sends
NPRM Briefing
Package to
Commission.
Commission
Voted to Publish NPRM.
NPRM Published
End of Comment
Period.
Staff Reviews
Comments.
FR Cite
02/28/24
03/20/24
04/16/24
06/17/24
89 FR 27251
07/00/24
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–AD97
CONSUMER PRODUCT SAFETY
COMMISSION (CPSC)
Final Rule Stage
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performance standards for an active
injury mitigation (AIM) 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. In
November 2023, the Commission
published a supplemental notice of
proposed rulemaking (SNPRM) based on
analysis of newly available incident
data, evaluation of newly available
products, and other market information
that did not exist at the time of the 2017
NPRM. On February 28, 2024, The
Commission provided an opportunity
for interested parties to make oral
presentations on the SNPR. The hybrid
hearing was held in person at CPSC’s
headquarters and remotely via webinar.
Staff is redacting data for release for
additional public comment and will
make those available for public
comment in a forthcoming notice of
availability (NOA). Staff is assigned to
submit a final rule briefing package to
the Commission in fiscal year 2024.
Timetable:
Action
253. Regulatory Options for Table Saws
[3041–AC31]
Legal Authority: 5 U.S.C. 553(e); 15
U.S.C. 2056; 15 U.S.C. 2058
Abstract: In 2006, the Commission
granted a petition asking that the
Commission issue a rule to prescribe
Sfmt 4702
3041–AD84
Commission Decision to Grant
Petition.
ANPRM ...............
Notice of Extension of Time for
Comments.
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Date
FR Cite
07/11/06
10/11/11
12/02/11
76 FR 62678
76 FR 75504
66906
Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda
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Action
Date
Comment Period
End.
Notice to Open
Comment Period.
Comment Period
End.
Staff Sent NPRM
Briefing Package to Commission.
Commission Decision.
NPRM ..................
02/10/12
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.
Staff Sends a Status Briefing
Package on
Table Saws to
Commission.
Commission Decision.
Staff Sends
SNPRM Briefing Package to
Commission.
Commission Decision Approving
SNPRM.
Oral comment
presentations.
Staff Sends NOA
for Data to
Commission.
07/26/17
02/15/12
FR Cite
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
83FR62561
08/28/19
09/10/19
09/21/23
10/25/23
02/28/24
89 FR 8582
07/00/24
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
254. Portable Generators [3041–AC36]
Legal Authority: 15 U.S.C. 2056; 15
U.S.C. 2058
Abstract: In 2006, the Commission
issued an advance notice of proposed
rulemaking (ANPRM) under the
VerDate Sep<11>2014
22:16 Aug 15, 2024
Jkt 250001
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 fiscal year
2006, staff awarded a contract to
develop a prototype generator engine
with reduced CO in the exhaust. Also,
in fiscal year 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 fiscal year 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, UL 2201 and
PGMA G300, adopted different COmitigation 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. In February
2022, staff delivered a briefing package
to the Commission with the results of
the effectiveness analysis and
information on the availability of
compliant generators in the
marketplace. Staff concluded that the
CO hazard-mitigation requirements of
one standard are more effective than the
other, but conformance to either
standard is low. Staff provided a
supplemental NPRM (SNPRM) on
portable generators to the Commission
on March 8, 2023. The Commission
published the SNPRM on April 20,
2023. Staff is redacting data for release
for additional public comment and will
make those available for comment in a
forthcoming notice of availability
(NOA). Staff is assessing the newly
revised PGMA standard and a final rule
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briefing package is scheduled to be sent
to the Commission in fiscal year 2024.
Timetable:
Action
Staff Sent
ANPRM to
Commission.
Staff Sent Supplemental Material
to Commission.
Commission Decision.
Staff Sent Draft
ANPRM to
Commission.
ANPRM ...............
ANPRM Comment
Period End.
Staff Releases
Research Report for Comment.
NPRM ..................
NPRM Comment
Period Extended.
Public Hearing for
Oral Comments.
NPRM Comment
Period End.
Staff Sends Notice of Availability to the
Commission.
Commission Decision.
Notice of Availability.
Staff Sends Notice of Availability to Commission.
Commission Decision.
Notice of Availability.
Staff Report on
Effectiveness
Evaluation of
Voluntary
Standards.
Staff Sends
SNPRM Briefing Package to
Commission.
Commission Decision.
SNPRM ...............
SNPRM Comment
Period Ends.
NOA for Data to
Commission.
Date
FR Cite
07/06/06
10/12/06
10/26/06
11/21/06
12/12/06
02/12/07
71 FR 74472
10/10/12
11/21/16
12/13/16
81 FR 83556
81 FR 89888
03/08/17
82 FR 8907
04/24/17
06/26/19
07/02/19
07/09/19
84 FR 32729
08/12/20
08/19/20
08/24/20
85 FR 52096
02/16/22
03/08/23
04/05/23
04/20/23
06/20/23
88 FR 24346
09/00/24
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.
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda
RIN: 3041–AC36
Action
255. Safety Standard for Residential
Gas Furnaces and Boilers [3041–AD70]
Legal Authority: 15 U.S.C. 2056; 15
U.S.C. 2058
Abstract: Over several years, staff has
conducted research and worked with
voluntary standards organizations
concerning the risk of injury and death
associated with carbon monoxide (CO)
production and leakage from residential
gas furnaces and boilers. This proposed
rule would establish a performance
requirement, under which gas furnaces
or boilers would be required to shut off
or modulate when CO levels reach a
specified level for a specified duration
of time. In 2019, the Commission issued
an advance notice of proposed
rulemaking (ANPRM) to initiate
rulemaking under the Consumer
Product Safety Act and requested
comments on the risk of injury and
alternative approaches to address the
risk. On September 24, 2021, the
Commission voted to change the fiscal
year 2022 deliverable from a notice of
proposed rulemaking (NPRM) to Data
Analysis and/or Technical Review (DA/
TR). On February 9, 2022, staff provided
a summary and status update in a public
briefing to the Commission. On
September 25, 2023, staff sent an NPRM
briefing package to the Commission. On
October 11, 2023, the Commission
approved publication of the NPRM in
the Federal Register. On February 21,
2024, the Commission provided an
opportunity for interested parties to
make oral presentations on the NPRM.
The hybrid hearing was held in person
at CPSC’s headquarters and remotely via
webinar. Staff is redacting data for
release for additional public comment
and will make those available for public
comment in a forthcoming Notice of
Availability (NOA). The Fiscal Year
2024 Operating Plan calls for staff to
submit a Final Rule package to the
Commission in fiscal year 2024.
Timetable:
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Action
Date
Staff Sent
ANPRM Briefing Package to
Commission.
Commission
Voted to Publish ANPRM.
ANPRM Published in FR.
ANPRM Comment
Period End.
VerDate Sep<11>2014
FR Cite
07/31/19
08/07/19
08/19/19
84 FR 42847
10/18/19
22:16 Aug 15, 2024
Jkt 250001
Date
Staff Sent FR Notice to Commission to Reopen
Comment Period.
Commission
Voted to Reopen Comment
Period.
Notice to Reopen
Comment Period Published
in FR.
ANPRM Comment
Period End.
Commission Vote
to Change Deliverable from
NPRM to DA/
TR.
Public Briefing to
Commission.
Staff Sends
NPRM Briefing
Package to
Commission.
Commission Decision to publish
NPRM.
NPRM Published
in FR.
NPRM Comment
Period Extended.
NPRM Comment
Period End.
Oral comment
presentation.
Staff sends NOA
Regarding Data
to the Commission.
FR Cite
10/23/19
11/01/19
11/07/19
84 FR 60010
01/06/20
09/24/21
02/09/22
09/25/23
11/11/23
11/25/23
88 FR 85862
12/11/23
01/25/24
02/21/24
89 FR 8583
09/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Ronald Jordan,
Project Manager, Directorate for
Engineering Sciences, Consumer
Product Safety Commission, National
Product Testing and Evaluation Center,
5 Research Place, Rockville, MD 20850,
Phone: 301 987–2219, Email: rjordan@
cpsc.gov.
RIN: 3041–AD70
256. Off-Highway Vehicles Debris
Penetration Hazards [3041–AD83]
Legal Authority: 15 U.S.C. 2056; 15
U.S.C. 2058
Abstract: On April 28, 2021, staff
submitted an advance notice of
proposed rulemaking (ANPRM) briefing
package for Commission consideration
concerning fire hazards associated with
recreational off-highway vehicles
(ROVs), utility terrain vehicles/utility
task vehicles (UTVs), and all-terrain
vehicles (ATVs), as well as debrispenetration hazards association with
ROVs and UTVs. The Commission
published the ANPRM on May 11, 2021.
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66907
Staff evaluated comments on the
ANPRM and conducted research. On
May 18, 2022, staff submitted to the
Commission a draft notice of proposed
rulemaking (NPRM) for safety standards
for ROVs/UTVs to prevent debris
penetration injuries. The NPRM
published on July 21,2022. The written
comment period on the NPRM closed on
September 19, 2022. Staff is redacting
data for release for additional public
comment and will make those available
and open a comment period in a
forthcoming Notice of Availability. Staff
is directed to prepare a final rule
briefing package for submission to the
Commission in fiscal year 2024. As
noted, the fire hazards associated with
Off-Highway Vehicles were addressed
in the ANPRM, along with the debris
penetration hazards. However, fire
hazards were not addressed in the
NPRM. Staff continues to engage the
standard development organizations
(SDOs) for off highway vehicles to
develop voluntary standard
requirements to reduce fire hazards
associated with ATVs, ROVs, and UTVs.
The fire hazards associated with OffHighway Vehicles will be addressed in
a separate rulemaking. Staff is redacting
data for release for additional public
comment and will make those available
for public comment in a forthcoming
Notice of Availability (NOA). The
Operating Plan calls for staff to submit
a Final Rule package to the Commission
in fiscal year 2024.
Timetable:
Action
Staff sends
ANPRM briefing
package to
Commission
(for Fire and
Debris Penetration Hazards).
ANPRM (for Fire
and Debris
Penetration
Hazards).
Staff sends
NPRM briefing
package to
Commission
(for Debris Penetration Hazards only).
NPRM (for Debris
Penetration
Hazards only).
NPRM comment
period ends (for
Debris Penetration Hazards
only).
E:\FR\FM\16AUP21.SGM
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Date
FR Cite
04/28/21
05/11/21
86 FR 25817
05/18/22
07/21/22
09/19/22
87 FR 43688
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / UA: Reg Flex Agenda
Action
Date
Staff sends NOA
for Data with
Comment Period to the
Commission.
FR Cite
Action
09/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Han S. Lim, Project
Manager, Consumer Product Safety
Commission, Directorate for Engineering
Sciences, 4330 East West Highway,
Bethesda, MD 20814–4408, Phone: 301
504–7538, Email: hlim@cpsc.gov.
RIN: 3041–AD83
257. Safety Standard for Infant Support
Cushions (Previously Infant Pillow Ban)
[3041–AD89]
Legal Authority: 5 U.S.C. 553(e); 15
U.S.C. 2056a
Abstract: Section 104(b) of the CPSIA
requires the Commission to consult with
representatives of consumer groups,
juvenile product manufacturers, and
independent child product engineers
and experts, to assess the effectiveness
of voluntary standards for durable infant
or toddler products, and then to
promulgate mandatory standards for
these products. 15 U.S.C. 2056a(b)(1).
The mandatory standard must be
substantially the same as any voluntary
standard, or may be more stringent than
any voluntary standard, if the
Commission determines that more
stringent requirements would further
reduce the risk of injury associated with
the product. Id. Under this authority,
the Commission directed staff to
develop a proposed rule for Infant
Support Cushions. Staff delivered an
NPRM briefing package to the
Commission on November 8, 2023. On
November 29, 2023 the Commission
voted to approve publication of the
NPRM. The NPRM was published in the
Federal Register on January 16, 2024,
and the public comment period closed
on March 18, 2024. Staff is redacting
data for release for additional public
comment and will make those available
for public comment in a forthcoming
Notice of Availability. Staff anticipates
delivering a Final Rule package to the
Commission in fiscal year 2024.
Timetable:
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Action
Date
Staff sends proposed NPRM
package to
Commission.
Commission Decision Approving
NPRM.
NPRM published
VerDate Sep<11>2014
FR Cite
11/08/23
Date
NPRM Comment
Period Closes.
Staff sends Notice
of Availability
for Data with
Reopened
Comment Period to the
Commission.
03/18/24
07/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Ashley Johnson,
Project Manager, Division of
Pharmacology and Physiology
Assessment, Consumer Product Safety
Commission, National Product Testing
and Evaluation Center, 5 Research
Place, Rockville, MD 20850, Phone: 301
504–7872, Email: aajohnson@cpsc.gov.
RIN: 3041–AD89
258. Infant Rockers and Infant/Toddler
Rockers [3041–AD98]
Legal Authority: 5 U.S.C. 553(e); 15
U.S.C. 2056a(b)
Abstract: Section 104(b) of the CPSIA
requires the Commission to consult with
representatives of consumer groups,
juvenile product manufacturers, and
independent child product engineers
and experts, to assess the effectiveness
of voluntary standards for durable infant
or toddler products, and then to
promulgate mandatory standards for
these products. 15 U.S.C. 2056a(b)(1).
The mandatory standard must be
substantially the same as the voluntary
standard, or may be more stringent than
the voluntary standard, if the
Commission determines that more
stringent requirements would further
reduce the risk of injury associated with
the product. Id. Under this authority,
the Commission directed staff to
develop a proposed rule for Infant
Rockers and Infant/Toddler Rockers. On
September 13, 2024, staff sent an NPRM
briefing package to the Commission. On
October 11, 2023, the Commission voted
to publish the NPRM. The comment
period ended on December 26, 2023.
Staff is preparing data for release for
additional public comment and will
make those available for public
comment in a forthcoming notice of
availability (NOA). Staff will review
comments and anticipates sending a
final rule briefing package to the
Commission in fiscal year 2024.
Timetable:
Action
11/29/23
01/16/24
22:16 Aug 15, 2024
89 FR 2530
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Date
Staff Sends
NPRM Briefing
Package to
Commission.
PO 00000
Frm 00006
09/13/23
Fmt 4701
Sfmt 4702
FR Cite
Action
Commission Decision Approving
NPRM for publication.
NPRM published
in Federal Register.
NPRM Comment
Period Closes.
Staff Sends Notice of Availability for Data
with Reopened
Time Period to
the Commission.
Date
FR Cite
10/11/23
10/26/23
88 FR 73551
12/26/23
07/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Zachary Foster,
Project Manager, Directorate for
Engineering Sciences, Consumer
Product Safety Commission, 5 Research
Place, Rockville, MD 29850, Phone: 301
987–2034, Email: zfoster@cpsc.gov.
RIN: 3041–AD98
259. Safety Standard for Infant Nursing
Pillows [3041–AD99]
Legal Authority: 5 U.S.C. 553(e); 15
U.S.C. 2056a
Abstract: Section 104(b) of the CPSIA
requires the Commission to consult with
representatives of consumer groups,
juvenile product manufacturers, and
independent child product engineers
and experts, to assess the effectiveness
of voluntary standards for durable infant
or toddler products, and then to
promulgate mandatory standards for
these products. 15 U.S.C. 2056a(b)(1).
The mandatory standard must be
substantially the same as any voluntary
standard, or may be more stringent than
any voluntary standard, if the
Commission determines that more
stringent requirements would further
reduce the risk of injury associated with
the product. Id . Under this authority,
the Commission directed staff to
develop a proposed rule for Nursing
Pillows. Staff delivered a notice of
proposed rulemaking (NPRM) briefing
package to the Commission on August
23, 2023. On September 8, 2023, the
Commission voted to approve
publication of the NPRM in the Federal
Register. The NPRM was published in
the Federal Register on September 26,
2023, and the public comment period
closed on November 27, 2023. Staff is
redacting data to release for additional
public comment and will make those
available and reopen the comment
period in a forthcoming Notice of
Availability (NOA). Staff anticipates
delivering a Final Rule package to the
Commission in fiscal year 2024.
Timetable:
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Action
Date
Staff Sends
NPRM Briefing
Package to
Commission.
Commission Decision.
NPRM Published
NPRM Comment
Period Closes.
Staff Sends Notice of Availability for Data
with Comment
Period to the
Commission.
FR Cite
08/23/23
09/08/23
09/26/23
11/27/23
88 FR 65865
07/00/24
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Timothy P. Smith,
Project Manager, Consumer Product
Safety Commission, Division of Human
Factors, Directorate for Engineering
Sciences, Washington, DC 20207,
Phone: 301 504–7691, Email: tsmith@
cpsc.gov.
RIN: 3041–AD99
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 Fiscal Year 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 the rulemaking. On
September 22, 2020, the Commission
voted 2–2 on this matter. A majority was
not reached and no action is being
taken.
Timetable:
CONSUMER PRODUCT SAFETY
COMMISSION (CPSC)
Action
lotter on DSK11XQN23PROD with PROPOSALS20
Long-Term Actions
260. Recreational Off-Road Vehicles
[3041–AC78]
Legal Authority: 15 U.S.C. 2056; 15
U.S.C. 2058
Abstract: Staff conducted testing and
evaluation programs to develop
performance requirements addressing
vehicle stability, vehicle handling, and
occupant protection. In 2014, the
Commission issued a notice of proposed
rulemaking (NPRM) proposing
standards addressing vehicle stability,
vehicle handling, and occupant
protection for recreational off-road
vehicles (ROVs). 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,
VerDate Sep<11>2014
22:16 Aug 15, 2024
Jkt 250001
Date
Staff Sends
ANPRM Briefing Package to
Commission.
Commission Decision.
ANPRM ...............
ANPRM Comment
Period Extended.
Extended Comment Period
End.
Staff Sends
NPRM Briefing
Package to
Commission.
Staff Sends Supplemental Information on
ROVs to Commission.
Commission Decision.
NPRM Published
in Federal Register.
NPRM Comment
Period Extended.
Extended Comment Period
End.
Staff Sends Briefing Package
Assessing Voluntary Standards to Commission.
PO 00000
Frm 00007
FR Cite
10/07/09
Action
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
66909
FR Cite
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
10/21/09
10/28/09
12/22/09
74 FR 55495
74 FR 67987
03/15/10
09/24/14
10/17/14
10/29/14
11/19/14
79 FR 68964
01/23/15
80 FR 3535
04/08/15
11/22/16
Fmt 4701
Sfmt 4702
261. Exemption of Baloxavir Marboxil
Tablets From Poison Prevention
Packaging Requirements (Formerly
Xofluza Petition) [3041–AD84]
Legal Authority: 15 U.S.C. 1472; 15
U.S.C. 1474
Abstract: On March 30, 2020,
Genentech, Inc. submitted a petition
requesting exemption from the special
packaging requirements of the Poison
Prevention Packaging Act (PPPA) for the
prescription drug XOFLUZATM
(Baloxavir marboxil). The petition was
docketed, and staff sent a briefing
package to the Commission on
September 1, 2021, recommending that
the Commission grant the petition and
issue a notice of proposed rulemaking
(NPRM). On September 8, 2021, the
Commission voted to grant the petition
and publish an NPRM. On September
16, 2021, the NPRM was published and
invited interested parties to submit
written comments on the NPRM. The
comment period closed on November
30, 2021. Staff submitted a final rule
package to the Commission on March
27, 2024, and the Commission voted to
approve publication on April 2, 2024.
The final rule was published on April
19, 2024 and the effective date is May
20, 2024.
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Timetable:
Action
Action
Date
lotter on DSK11XQN23PROD with PROPOSALS20
Petition Docketed
Staff Sent Briefing
Package to
Commission.
Commission Decision.
NPRM ..................
End of NPRM
Comment Period.
VerDate Sep<11>2014
FR Cite
10/05/20
09/01/21
09/08/21
09/16/21
11/30/21
22:16 Aug 15, 2024
86 FR 51640
Date
Staff Submits
Final Rule
Package to
Commission.
Commission
Voted to Publish Final Rule.
Final Rule Published in Federal Register.
FR Cite
03/27/24
04/02/24
04/19/24
89 FR 28604
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Cheryl Scorpio,
Project Manager, Directorate for Health
Sciences, Consumer Product Safety
Commission, National Product Testing
and Evaluation Center, 5 Research
Place, Rockville, MD 20850, Phone: 301
987–2572.
RIN: 3041–AD84
[FR Doc. 2024–16466 Filed 8–15–24; 8:45 am]
BILLING CODE 6355–01–P
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Agencies
[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Unknown Section]
[Pages 66904-66910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16466]
[[Page 66903]]
Vol. 89
Friday,
No. 159
August 16, 2024
Part XXI
Consumer Product Safety Commission
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA:
Reg Flex Agenda
[[Page 66904]]
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Ch. II
Semiannual Regulatory Agenda
AGENCY: U.S. Consumer Product Safety Commission.
ACTION: Semiannual Regulatory Agenda.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission publishes its semiannual
regulatory flexibility agenda. In addition, this document includes an
agenda of regulations that the Commission expects to develop or review
during the next 12 months. This document meets the requirements of the
Regulatory Flexibility Act and Executive Order 12866. Information in
this agenda was accurate as of May 2024 when the Commission prepared
this agenda.
DATES: The Commission welcomes comments on the agenda and on the
individual agenda entries. Submit comments to the Office of the
Secretary on or before September 16, 2024.
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
Office of the Secretary, 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 Daniel Vice, 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. Id. In
addition, the regulatory flexibility agenda must contain the name and
telephone number of an agency official who is knowledgeable about the
listed items. Id. Agencies must attempt to provide notice of their
agendas to small entities and solicit their comments either by directly
notifying them, or by including the agenda in publications that small
entities are likely to obtain. Id.
In addition, Executive Order 12866, Regulatory Planning and Review
(Sep. 30, 1993), requires each agency to publish, twice a year, a
regulatory agenda of regulations under development or review during the
next year. 58 FR 51735 (Oct. 4, 1993). The Executive Order states that
agencies may combine this agenda with the regulatory flexibility agenda
required under the RFA. The agenda required by Executive Order 12866
must include all the regulations the agency expects to develop or
review during the next 12 months, regardless of whether they may have a
significant economic impact on a substantial number of small entities.
This agenda also includes regulatory activities that the Commission
listed in the fall 2023 agenda and completed before publishing this
agenda.
The agenda contains a brief description and summary of each
regulatory activity, including the objectives and legal basis for each;
an approximate schedule of target dates, subject to revision, for
developing or completing each activity; and the name and telephone
number of an agency official who is knowledgeable about items in the
agenda.
The internet is the primary means for disseminating the Unified
Agenda. The complete Unified Agenda will be available online at:
www.reginfo.gov, in a format that allows users to obtain information
from the agenda database.
Because agencies must publish in the Federal Register the
regulatory flexibility agenda required by the RFA (5 U.S.C. 602), the
Commission's printed agenda entries include only:
(1) rules that are in the agency's regulatory flexibility agenda,
in accordance with the RFA, because they are likely to have a
significant economic impact on a substantial number of small entities;
and
(2) rules that the agency has identified for periodic review under
section 610 of the RFA.
The entries in the Commission's printed agenda are limited to
fields that contain information that the RFA requires in an agenda.
Additional information on these entries is available in the Unified
Agenda published on the internet.
The agenda reflects the Commission's agenda as of May 2024. It
contains an assessment of the likelihood that the specified event will
occur during the next year; the precise dates for each rulemaking are
uncertain. New information, changes of circumstances, or changes in the
law, may alter anticipated timing. In addition, this agenda does not
represent a final determination by the Commission or its staff
regarding the need for, or the substance of, any rule or regulation.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
Consumer Product Safety Commission--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
252....................... Safety Standard for 3041-AD97
Bassinets and Cradles.
------------------------------------------------------------------------
Consumer Product Safety Commission--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
253....................... Regulatory Options for 3041-AC31
Table Saws.
254....................... Portable Generators....... 3041-AC36
255....................... Safety Standard for 3041-AD70
Residential Gas Furnaces
and Boilers.
256....................... Off-Highway Vehicles 3041-AD83
Debris Penetration
Hazards.
[[Page 66905]]
257....................... Safety Standard for Infant 3041-AD89
Support Cushions
(Previously Infant Pillow
Ban).
258....................... Infant Rockers and Infant/ 3041-AD98
Toddler Rockers.
259....................... Safety Standard for Infant 3041-AD99
Nursing Pillows.
------------------------------------------------------------------------
Consumer Product Safety Commission--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
260....................... Recreational Off-Road 3041-AC78
Vehicles.
------------------------------------------------------------------------
Consumer Product Safety Commission--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
261....................... Exemption of Baloxavir 3041-AD84
Marboxil Tablets From
Poison Prevention
Packaging Requirements
(Formerly Xofluza
Petition).
------------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
Proposed Rule Stage
252. Safety Standard for Bassinets and Cradles [3041-AD97]
Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2056a
Abstract: Section 104 of the Consumer Product Safety Improvement
Act of 2008 (CPSIA) is the Danny Keysar Child Product Safety
Notification Act. This Act requires the U.S. Consumer Product Safety
Commission (CPSC or Commission) to: (1) examine and assess voluntary
safety standards for certain infant or toddler products, and (2)
promulgate mandatory consumer product safety standards that are
substantially the same as the voluntary standards or more stringent
than the voluntary standards if the Commission determines that more
stringent standards would further reduce the risk of injury associated
with these products. Section 104 also requires the Commission to
periodically review and revise durable infant or toddler standards to
ensure that such standards provide the highest level of safety for such
products that is feasible. On February 28, 2024, staff sent a briefing
package with a draft notice of proposed rulemaking (NPRM) to the
Commission to update the Safety Standard for Bassinets and Cradles to
address hazards associated with the use of bassinets on elevated and
soft surfaces, ensure bassinets provide a flat, firm sleep surface, and
to provide updated and accurate warnings. On March 20, 2024, the
Commission voted to publish an NPRM, with amendments to the draft that
staff submitted. The NPRM was published on April 16, 2024 and the
comment period will close on June 17, 2024.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Staff Sends NPRM Briefing Package to 02/28/24 .......................
Commission.
Commission Voted to Publish NPRM.... 03/20/24 .......................
NPRM Published...................... 04/16/24 89 FR 27251
End of Comment Period............... 06/17/24 .......................
Staff Reviews Comments.............. 07/00/24 .......................
------------------------------------------------------------------------
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-AD97
CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
Final Rule Stage
253. Regulatory Options for Table Saws [3041-AC31]
Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2056; 15 U.S.C. 2058
Abstract: In 2006, the Commission granted a petition asking that
the Commission issue a rule to prescribe performance standards for an
active injury mitigation (AIM) 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. In
November 2023, the Commission published a supplemental notice of
proposed rulemaking (SNPRM) based on analysis of newly available
incident data, evaluation of newly available products, and other market
information that did not exist at the time of the 2017 NPRM. On
February 28, 2024, The Commission provided an opportunity for
interested parties to make oral presentations on the SNPR. The hybrid
hearing was held in person at CPSC's headquarters and remotely via
webinar. Staff is redacting data for release for additional public
comment and will make those available for public comment in a
forthcoming notice of availability (NOA). Staff is assigned to submit a
final rule briefing package to the Commission in fiscal year 2024.
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.
[[Page 66906]]
Comment Period End.................. 02/10/12 .......................
Notice to Open Comment Period....... 02/15/12 77 FR 8751
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 SNPRM Briefing Package 09/21/23 .......................
to Commission.
Commission Decision Approving SNPRM. 10/25/23 .......................
Oral comment presentations.......... 02/28/24 89 FR 8582
Staff Sends NOA for Data to 07/00/24 .......................
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
254. Portable Generators [3041-AC36]
Legal Authority: 15 U.S.C. 2056; 15 U.S.C. 2058
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 fiscal year 2006, staff awarded a contract to develop a
prototype generator engine with reduced CO in the exhaust. Also, in
fiscal year 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 fiscal year 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, UL 2201 and PGMA G300,
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. In February 2022, staff delivered a
briefing package to the Commission with the results of the
effectiveness analysis and information on the availability of compliant
generators in the marketplace. Staff concluded that the CO hazard-
mitigation requirements of one standard are more effective than the
other, but conformance to either standard is low. Staff provided a
supplemental NPRM (SNPRM) on portable generators to the Commission on
March 8, 2023. The Commission published the SNPRM on April 20, 2023.
Staff is redacting data for release for additional public comment and
will make those available for comment in a forthcoming notice of
availability (NOA). Staff is assessing the newly revised PGMA standard
and a final rule briefing package is scheduled to be sent to the
Commission in fiscal year 2024.
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 02/16/22 .......................
Evaluation of Voluntary Standards.
Staff Sends SNPRM Briefing Package 03/08/23 .......................
to Commission.
Commission Decision................. 04/05/23 .......................
SNPRM............................... 04/20/23 88 FR 24346
SNPRM Comment Period Ends........... 06/20/23 .......................
NOA for Data to Commission.......... 09/00/24 .......................
------------------------------------------------------------------------
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].
[[Page 66907]]
RIN: 3041-AC36
255. Safety Standard for Residential Gas Furnaces and Boilers [3041-
AD70]
Legal Authority: 15 U.S.C. 2056; 15 U.S.C. 2058
Abstract: Over several years, staff has conducted research and
worked with voluntary standards organizations concerning the risk of
injury and death associated with carbon monoxide (CO) production and
leakage from residential gas furnaces and boilers. This proposed rule
would establish a performance requirement, under which gas furnaces or
boilers would be required to shut off or modulate when CO levels reach
a specified level for a specified duration of time. In 2019, the
Commission issued an advance notice of proposed rulemaking (ANPRM) to
initiate rulemaking under the Consumer Product Safety Act and requested
comments on the risk of injury and alternative approaches to address
the risk. On September 24, 2021, the Commission voted to change the
fiscal year 2022 deliverable from a notice of proposed rulemaking
(NPRM) to Data Analysis and/or Technical Review (DA/TR). On February 9,
2022, staff provided a summary and status update in a public briefing
to the Commission. On September 25, 2023, staff sent an NPRM briefing
package to the Commission. On October 11, 2023, the Commission approved
publication of the NPRM in the Federal Register. On February 21, 2024,
the Commission provided an opportunity for interested parties to make
oral presentations on the NPRM. The hybrid hearing was held in person
at CPSC's headquarters and remotely via webinar. Staff is redacting
data for release for additional public comment and will make those
available for public comment in a forthcoming Notice of Availability
(NOA). The Fiscal Year 2024 Operating Plan calls for staff to submit a
Final Rule package to the Commission in fiscal year 2024.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Staff Sent ANPRM Briefing Package to 07/31/19 .......................
Commission.
Commission Voted to Publish ANPRM... 08/07/19 .......................
ANPRM Published in FR............... 08/19/19 84 FR 42847
ANPRM Comment Period End............ 10/18/19 .......................
Staff Sent FR Notice to Commission 10/23/19 .......................
to Reopen Comment Period.
Commission Voted to Reopen Comment 11/01/19 .......................
Period.
Notice to Reopen Comment Period 11/07/19 84 FR 60010
Published in FR.
ANPRM Comment Period End............ 01/06/20 .......................
Commission Vote to Change 09/24/21 .......................
Deliverable from NPRM to DA/TR.
Public Briefing to Commission....... 02/09/22 .......................
Staff Sends NPRM Briefing Package to 09/25/23 .......................
Commission.
Commission Decision to publish NPRM. 11/11/23 .......................
NPRM Published in FR................ 11/25/23 88 FR 85862
NPRM Comment Period Extended........ 12/11/23 .......................
NPRM Comment Period End............. 01/25/24 .......................
Oral comment presentation........... 02/21/24 89 FR 8583
Staff sends NOA Regarding Data to 09/00/24 .......................
the Commission.
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ronald Jordan, Project Manager, Directorate for
Engineering Sciences, Consumer Product Safety Commission, National
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD
20850, Phone: 301 987-2219, Email: [email protected].
RIN: 3041-AD70
256. Off-Highway Vehicles Debris Penetration Hazards [3041-AD83]
Legal Authority: 15 U.S.C. 2056; 15 U.S.C. 2058
Abstract: On April 28, 2021, staff submitted an advance notice of
proposed rulemaking (ANPRM) briefing package for Commission
consideration concerning fire hazards associated with recreational off-
highway vehicles (ROVs), utility terrain vehicles/utility task vehicles
(UTVs), and all-terrain vehicles (ATVs), as well as debris-penetration
hazards association with ROVs and UTVs. The Commission published the
ANPRM on May 11, 2021. Staff evaluated comments on the ANPRM and
conducted research. On May 18, 2022, staff submitted to the Commission
a draft notice of proposed rulemaking (NPRM) for safety standards for
ROVs/UTVs to prevent debris penetration injuries. The NPRM published on
July 21,2022. The written comment period on the NPRM closed on
September 19, 2022. Staff is redacting data for release for additional
public comment and will make those available and open a comment period
in a forthcoming Notice of Availability. Staff is directed to prepare a
final rule briefing package for submission to the Commission in fiscal
year 2024. As noted, the fire hazards associated with Off-Highway
Vehicles were addressed in the ANPRM, along with the debris penetration
hazards. However, fire hazards were not addressed in the NPRM. Staff
continues to engage the standard development organizations (SDOs) for
off highway vehicles to develop voluntary standard requirements to
reduce fire hazards associated with ATVs, ROVs, and UTVs. The fire
hazards associated with Off-Highway Vehicles will be addressed in a
separate rulemaking. Staff is redacting data for release for additional
public comment and will make those available for public comment in a
forthcoming Notice of Availability (NOA). The Operating Plan calls for
staff to submit a Final Rule package to the Commission in fiscal year
2024.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Staff sends ANPRM briefing package 04/28/21 .......................
to Commission (for Fire and Debris
Penetration Hazards).
ANPRM (for Fire and Debris 05/11/21 86 FR 25817
Penetration Hazards).
Staff sends NPRM briefing package to 05/18/22 .......................
Commission (for Debris Penetration
Hazards only).
NPRM (for Debris Penetration Hazards 07/21/22 87 FR 43688
only).
NPRM comment period ends (for Debris 09/19/22 .......................
Penetration Hazards only).
[[Page 66908]]
Staff sends NOA for Data with 09/00/24 .......................
Comment Period to the Commission.
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Han S. Lim, Project Manager, Consumer Product
Safety Commission, Directorate for Engineering Sciences, 4330 East West
Highway, Bethesda, MD 20814-4408, Phone: 301 504-7538, Email:
[email protected].
RIN: 3041-AD83
257. Safety Standard for Infant Support Cushions (Previously Infant
Pillow Ban) [3041-AD89]
Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2056a
Abstract: Section 104(b) of the CPSIA requires the Commission to
consult with representatives of consumer groups, juvenile product
manufacturers, and independent child product engineers and experts, to
assess the effectiveness of voluntary standards for durable infant or
toddler products, and then to promulgate mandatory standards for these
products. 15 U.S.C. 2056a(b)(1). The mandatory standard must be
substantially the same as any voluntary standard, or may be more
stringent than any voluntary standard, if the Commission determines
that more stringent requirements would further reduce the risk of
injury associated with the product. Id. Under this authority, the
Commission directed staff to develop a proposed rule for Infant Support
Cushions. Staff delivered an NPRM briefing package to the Commission on
November 8, 2023. On November 29, 2023 the Commission voted to approve
publication of the NPRM. The NPRM was published in the Federal Register
on January 16, 2024, and the public comment period closed on March 18,
2024. Staff is redacting data for release for additional public comment
and will make those available for public comment in a forthcoming
Notice of Availability. Staff anticipates delivering a Final Rule
package to the Commission in fiscal year 2024.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Staff sends proposed NPRM package to 11/08/23 .......................
Commission.
Commission Decision Approving NPRM.. 11/29/23 .......................
NPRM published...................... 01/16/24 89 FR 2530
NPRM Comment Period Closes.......... 03/18/24 .......................
Staff sends Notice of Availability 07/00/24 .......................
for Data with Reopened Comment
Period to the Commission.
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ashley Johnson, Project Manager, Division of
Pharmacology and Physiology Assessment, Consumer Product Safety
Commission, National Product Testing and Evaluation Center, 5 Research
Place, Rockville, MD 20850, Phone: 301 504-7872, Email:
[email protected].
RIN: 3041-AD89
258. Infant Rockers and Infant/Toddler Rockers [3041-AD98]
Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2056a(b)
Abstract: Section 104(b) of the CPSIA requires the Commission to
consult with representatives of consumer groups, juvenile product
manufacturers, and independent child product engineers and experts, to
assess the effectiveness of voluntary standards for durable infant or
toddler products, and then to promulgate mandatory standards for these
products. 15 U.S.C. 2056a(b)(1). The mandatory standard must be
substantially the same as the voluntary standard, or may be more
stringent than the voluntary standard, if the Commission determines
that more stringent requirements would further reduce the risk of
injury associated with the product. Id. Under this authority, the
Commission directed staff to develop a proposed rule for Infant Rockers
and Infant/Toddler Rockers. On September 13, 2024, staff sent an NPRM
briefing package to the Commission. On October 11, 2023, the Commission
voted to publish the NPRM. The comment period ended on December 26,
2023. Staff is preparing data for release for additional public comment
and will make those available for public comment in a forthcoming
notice of availability (NOA). Staff will review comments and
anticipates sending a final rule briefing package to the Commission in
fiscal year 2024.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Staff Sends NPRM Briefing Package to 09/13/23 .......................
Commission.
Commission Decision Approving NPRM 10/11/23 .......................
for publication.
NPRM published in Federal Register.. 10/26/23 88 FR 73551
NPRM Comment Period Closes.......... 12/26/23 .......................
Staff Sends Notice of Availability 07/00/24 .......................
for Data with Reopened Time Period
to the Commission.
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Zachary Foster, Project Manager, Directorate for
Engineering Sciences, Consumer Product Safety Commission, 5 Research
Place, Rockville, MD 29850, Phone: 301 987-2034, Email:
[email protected].
RIN: 3041-AD98
259. Safety Standard for Infant Nursing Pillows [3041-AD99]
Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2056a
Abstract: Section 104(b) of the CPSIA requires the Commission to
consult with representatives of consumer groups, juvenile product
manufacturers, and independent child product engineers and experts, to
assess the effectiveness of voluntary standards for durable infant or
toddler products, and then to promulgate mandatory standards for these
products. 15 U.S.C. 2056a(b)(1). The mandatory standard must be
substantially the same as any voluntary standard, or may be more
stringent than any voluntary standard, if the Commission determines
that more stringent requirements would further reduce the risk of
injury associated with the product. Id . Under this authority, the
Commission directed staff to develop a proposed rule for Nursing
Pillows. Staff delivered a notice of proposed rulemaking (NPRM)
briefing package to the Commission on August 23, 2023. On September 8,
2023, the Commission voted to approve publication of the NPRM in the
Federal Register. The NPRM was published in the Federal Register on
September 26, 2023, and the public comment period closed on November
27, 2023. Staff is redacting data to release for additional public
comment and will make those available and reopen the comment period in
a forthcoming Notice of Availability (NOA). Staff anticipates
delivering a Final Rule package to the Commission in fiscal year 2024.
Timetable:
[[Page 66909]]
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Staff Sends NPRM Briefing Package to 08/23/23 .......................
Commission.
Commission Decision................. 09/08/23 .......................
NPRM Published...................... 09/26/23 88 FR 65865
NPRM Comment Period Closes.......... 11/27/23 .......................
Staff Sends Notice of Availability 07/00/24 .......................
for Data with Comment Period to the
Commission.
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Timothy P. Smith, Project Manager, Consumer Product
Safety Commission, Division of Human Factors, Directorate for
Engineering Sciences, Washington, DC 20207, Phone: 301 504-7691, Email:
[email protected].
RIN: 3041-AD99
CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
Long-Term Actions
260. Recreational Off-Road Vehicles [3041-AC78]
Legal Authority: 15 U.S.C. 2056; 15 U.S.C. 2058
Abstract: Staff conducted testing and evaluation programs to
develop performance requirements addressing vehicle stability, vehicle
handling, and occupant protection. In 2014, the Commission issued a
notice of proposed rulemaking (NPRM) proposing standards addressing
vehicle stability, vehicle handling, and occupant protection for
recreational off-road vehicles (ROVs). 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 Fiscal Year 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 the rulemaking. On September 22, 2020, the
Commission voted 2-2 on this matter. A majority was not reached and no
action is being 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
261. Exemption of Baloxavir Marboxil Tablets From Poison Prevention
Packaging Requirements (Formerly Xofluza Petition) [3041-AD84]
Legal Authority: 15 U.S.C. 1472; 15 U.S.C. 1474
Abstract: On March 30, 2020, Genentech, Inc. submitted a petition
requesting exemption from the special packaging requirements of the
Poison Prevention Packaging Act (PPPA) for the prescription drug
XOFLUZATM (Baloxavir marboxil). The petition was docketed,
and staff sent a briefing package to the Commission on September 1,
2021, recommending that the Commission grant the petition and issue a
notice of proposed rulemaking (NPRM). On September 8, 2021, the
Commission voted to grant the petition and publish an NPRM. On
September 16, 2021, the NPRM was published and invited interested
parties to submit written comments on the NPRM. The comment period
closed on November 30, 2021. Staff submitted a final rule package to
the Commission on March 27, 2024, and the Commission voted to approve
publication on April 2, 2024. The final rule was published on April 19,
2024 and the effective date is May 20, 2024.
[[Page 66910]]
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Petition Docketed................... 10/05/20 .......................
Staff Sent Briefing Package to 09/01/21 .......................
Commission.
Commission Decision................. 09/08/21 .......................
NPRM................................ 09/16/21 86 FR 51640
End of NPRM Comment Period.......... 11/30/21 .......................
Staff Submits Final Rule Package to 03/27/24 .......................
Commission.
Commission Voted to Publish Final 04/02/24 .......................
Rule.
Final Rule Published in Federal 04/19/24 89 FR 28604
Register.
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Cheryl Scorpio, Project Manager, Directorate for
Health Sciences, Consumer Product Safety Commission, National Product
Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850,
Phone: 301 987-2572.
RIN: 3041-AD84
[FR Doc. 2024-16466 Filed 8-15-24; 8:45 am]
BILLING CODE 6355-01-P