Consumer Product Safety Commission 2016 – Federal Register Recent Federal Regulation Documents

The Consumer Product Safety Commission (CPSC) is announcing the availability of a completed rule review under section 610 of the Regulatory Flexibility Act (RFA) for the Standard for the Flammability (Open Flame) of Mattress Sets (Mattress Standard), 16 CFR part 1633. This regulatory review concludes that the Mattress Standard should be maintained without change.\1\

In 1990, Congress enacted statutory amendments that provided for periodic adjustments to the maximum civil penalty amounts authorized under the Consumer Product Safety Act, the Federal Hazardous Substances Act, and the Flammable Fabrics Act. On August 14, 2009, the Consumer Product Safety Improvement Act of 2008 (CPSIA) increased the maximum civil penalty amounts to $100,000 for each violation and $15,000,000 for any related series of violations. The CPSIA also revised the starting date, from December 1, 1994 to December 1, 2011, and December 1 of each fifth calendar year thereafter, on which the Commission must prescribe and publish in the Federal Register, the schedule of maximum authorized penalties. As calculated in accordance with the amendments, the new amounts are $110,000 for each violation, and $16,025,000 for any related series of violations.

The U.S. Consumer Product Safety Commission has determined preliminarily that there may be an unreasonable risk of injury and death associated with portable generators. To address this risk, the Commission proposes a rule that limits CO emissions from operating portable generators. Specifically, the proposed rule would require that portable generators powered by handheld spark-ignition (SI) engines and Class I SI engines not exceed a weighted CO emission rate of 75 grams per hour (g/hr); generators powered by one-cylinder, Class II SI engines must not exceed a weighted CO emission rate of 150 g/h; and generators powered by Class II SI engines with two cylinders must not exceed a weighted emission rate of 300 g/h.

As required by the Paperwork Reduction Act of 1995 (PRA), the Consumer Product Safety Commission (CPSC or Commission) requests comments on a proposed extension of approval of a collection of information for the Publicly Available Consumer Product Safety Information Database. The Commission will consider all comments received in response to this notice before requesting an extension of approval of this collection of information from the Office of Management and Budget (OMB).

The Danny Keysar Child Product Safety Notification Act, section 104(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), requires the United States Consumer Product Safety Commission (Commission or CPSC) to promulgate consumer product safety standards for durable infant or toddler products. These standards must be substantially the same as applicable voluntary standards or more stringent than the voluntary standard if the Commission determines that more stringent requirements would further reduce the risk of injury associated with a product. Pursuant to the direction under section 104(b) of the CPSIA, the Commission is proposing a safety standard for baby changing products. The proposed rule would incorporate by reference ASTM F2388-16, Standard Consumer Safety Specification for Baby Changing Tables for Domestic Use (ASTM F2388-16) into our regulations and impose more stringent requirements for structural integrity, restraint system integrity, and warnings on labels and in instructional literature. In addition, the Commission proposes to amend our regulations include the proposed safety standard for baby changing products in the list of notice of requirements (NORs) issued by the Commission.

The United States Consumer Product Safety Commission (CPSC or Commission) received a petition requesting that the Commission amend the agency's 1987 Statement of Interpretation and Enforcement Policy regarding labeling of household products containing methylene chloride (Policy Statement). The petition asks the Commission to expand the Policy Statement to address acute hazards from inhalation of methylene chloride vapors in addition to the chronic hazards addressed by the current Policy Statement. The Commission invites written comments concerning the petition.

As required by the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. Chapter 35), the Consumer Product Safety Commission (CPSC or Commission) requests comments on a proposed extension of approval of a collection of information for the Publicly Available Consumer Product Safety Information Database. The Commission will consider all comments received in response to this notice before requesting an extension of approval of this collection of information from the Office of Management and Budget (OMB).

The Consumer Product Safety Commission (CPSC, Commission, or we) staff is holding a 1-day Flammable Fabrics Act (FFA) Children's Sleepwear Seminar (the Seminar). The Seminar will focus on testing, certification, and other compliance guidance relating to mandatory FFA standards and requirements for children's sleepwear. The Seminar will be held on October 20, 2016, at the CPSC offices in Bethesda Towers, Bethesda, MD. We invite interested parties to participate in or attend the Seminar.

As required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Consumer Product Safety Commission (``CPSC'' or ``Commission'') requests comments on a proposed extension of approval of a collection of information under the requirements pertaining to a third party conformity assessment body registration form, approved previously under OMB Control No. 3041-0143. The Commission will consider all comments received in response to this notice before requesting an extension of this collection of information from the Office of Management and Budget (``OMB'').

It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of the Consumer Product Safety Commission's regulations. Published below is a provisionally-accepted Settlement Agreement with Sunbeam Products, Inc. d/b/a Jarden Consumer Solutions containing a civil penalty in the amount of four million, five hundred thousand dollars ($4,500,000) within thirty (30) days of service of the Commission's final Order accepting the Settlement Agreement.

The U.S. Consumer Product Safety Commission (``Commission'') will conduct a public hearing to receive views from all interested parties about the Commission's agenda and priorities for fiscal year 2017, which begins on October 1, 2016, and for fiscal year 2018, which begins on October 1, 2017. We invite members of the public to participate. Written comments and oral presentations concerning the Commission's agenda and priorities for fiscal years 2017 and 2018 will become part of the public record.

In accordance with the requirements of the Paperwork Reduction Act (``PRA'') of 1995 (44 U.S.C. chapter 35), the Consumer Product Safety Commission (``Commission'' or ``CPSC'') announces that the Commission has submitted to the Office of Management and Budget (``OMB'') a request for extension of approval of a collection of information from manufacturers and importers of disposable and novelty cigarette lighters under the CPSC's regulations implementing the Safety Standard for Cigarette Lighters (16 CFR part 1210). In the Federal Register of February 22, 2016 (81 FR 8696), the CPSC published a notice to announce the agency's intention to seek extension of approval of the collection of information. The Commission received no comments. Therefore, by publication of this notice, the Commission announces that CPSC has submitted to the OMB a request for extension of approval of that collection of information, without change.

As required by the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the Consumer Product Safety Commission (``CPSC'' or ``Commission'') requests comments on a proposed extension of approval of a collection of information regarding a form used to verify whether pools and spas are in compliance with the Virginia Graeme Baker Pool and Spa Safety Act. The Office of Management and Budget (``OMB'') previously approved the collection of information under control number 3041-0142. The Commission will consider all comments received in response to this notice before requesting an extension of approval of this collection of information from OMB.

The United States Consumer Product Safety Commission (``Commission,'' ``CPSC,'' or ``we'') is issuing this notice of proposed rulemaking (``NPR'') to update the Commission's Rules of Practice for Adjudicative Proceedings, (``Rules of Practice'' or ``Rules''). We are proposing to modernize the Rules of Practice to reflect changes in civil and administrative litigation since adoption of the Rules in 1980. Specifically, we propose changes to the Rules pertaining to discovery, electronic filing, the use of electronically stored information (``ESI''), and updates to the Federal Rules of Civil Procedure (``Federal Rules''), upon which our Rules are based. We also propose to update requirements for pleadings, motions, and motions for summary decisions, clarifications on the computation of time, and clarification on when amendments or supplemental pleadings require Commission approval. Additionally, we propose allowing a Presiding Officer to exercise discretion to avoid unnecessary delay or wasteful discovery and to consolidate cases in their entirety, or partially, for any purpose that serves the ends of justice. We also propose to set deadlines for the issuance of an Initial or Recommended Decision. Finally, we propose to remove outdated references to the Equal Access to Justice Act. We believe the proposed Rules will increase the efficiency of discovery, minimize the potential for delay in adjudicative proceedings, and ensure that, to the extent possible, Commission adjudicative proceedings address and resolve crucial issues of consumer product safety in a fair and impartial manner. This NPR seeks comments on the proposed changes to the Rules.

It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Gree Electric Appliances, Inc. of Zhuhai, Hong Kong Gree Electric Appliances Sales Co., Ltd., and Gree USA Sales, Ltd. containing a civil penalty in the amount of fifteen million four hundred fifty thousand dollars (US$15,450,000) within thirty (30) days of service of the Commission's final Order accepting the Settlement Agreement.\1\

The Consumer Product Safety Commission (``CPSC'' or ``Commission'') amends the Safety Standard for Architectural Glazing Materials to replace the testing procedures for glazing materials in certain architectural products with the testing procedures contained in the voluntary standard ANSI Z97.1-2015, American National Standard for Safety Glazing Materials Used in BuildingsSafety Performance Specifications and Methods of Test.

In accordance with the requirements of the Paperwork Reduction Act (``PRA'') of 1995 (44 U.S.C. chapter 35), the Consumer Product Safety Commission (``Commission'' or ``CPSC'') announces that the Commission has submitted to the Office of Management and Budget (``OMB'') a request for extension of approval of a collection of information associated with the Commission's Safety Standard for Omnidirectional Citizens Band Base Station Antennas (16 CFR part 1204), approved previously under OMB Control No. 3041-0006. In the Federal Register of November 25, 2015 (80 FR 73736), the CPSC published a notice to announce the agency's intention to seek extension of approval of the collection of information. The Commission received no comments. Therefore, by publication of this notice, the Commission announces that CPSC has submitted to the OMB a request for extension of approval of that collection of information, without change.

In accordance with the requirements of the Paperwork Reduction Act (``PRA'') of 1995 (44 U.S.C. chapter 35), the Consumer Product Safety Commission (``Commission'' or ``CPSC'') announces that the Commission has submitted to the Office of Management and Budget (``OMB'') a request for extension of approval of a collection of information relating to testing and recordkeeping requirements in the Safety Standard for Walk-Behind Power Lawn Mowers (16 CFR part 1205), approved previously under OMB Control No. 3041-0091. In the Federal Register of November 25, 2015 (80 FR 73735), the CPSC published a notice to announce the agency's intention to seek extension of approval of the collection of information. One commenter, Outdoor Power Equipment Institute (``OPEI'') stated that the estimated burden is underestimated as it is likely based on an outdated estimate of the U.S. market. According to OPEI data, accounting for 8 member manufacturers, 4.7 million walk-behind (gas) power lawn mowers were shipped in the U.S. during 2015. CPSC staff's estimate of the estimated reporting burden to industry to comply with the safety standard mainly is tied to the number of manufacturers and importers (25), number of production days in a year (130), and employee time per day per establishment required to conduct a reasonable testing program (3 hours) and preparation of product labels (1 hour). The information provided by OPEI's comment does not address the factors and assumptions leading to estimated burden hours for firms and the industry. The reported shipments of 4.7 million units in 2015 (by 8 OPEI members) would not lead us to conclude that estimated burden hours has been underestimated. In fact, the reported shipments in 2015 are lower than previous years in our possession (e.g., 6.5 million forecast for 2005). If OPEI has information related to the number of affected establishments, annual production days, and hours per production day required for testing and labeling, staff will review that information and revise the estimated information collection burden of the standard, as necessary. Accordingly, by publication of this notice, the Commission announces that CPSC has submitted to the OMB a request for extension of approval of that collection of information, without change.

In accordance with the requirements of the Paperwork Reduction Act (``PRA'') of 1995 (44 U.S.C. chapter 35), the Consumer Product Safety Commission (``Commission'' or ``CPSC'') announces that the Commission has submitted to the Office of Management and Budget (``OMB'') a request for extension of approval of a collection of information associated with the Standard for the Flammability of Children's Sleepwear: Sizes 0 Through 6X (16 CFR part 1615); and the Standard for the Flammability of Children's Sleepwear: Sizes 7 Through 14 (16 CFR part 1616), approved previously under OMB Control No. 3041- 0027. In the Federal Register of November 25, 2015 (80 FR 73737), the CPSC published a notice to announce the agency's intention to seek extension of approval of the collection of information. The Commission received no comments. Therefore, by publication of this notice, the Commission announces that CPSC has submitted to the OMB a request for extension of approval of that collection of information, without change.