80_FR_57733 80 FR 57548 - Protection of Human Subjects

80 FR 57548 - Protection of Human Subjects

CONSUMER PRODUCT SAFETY COMMISSION

Federal Register Volume 80, Issue 185 (September 24, 2015)

Page Range57548-57549
FR Document2015-24247

On September 8, 2015, the federal departments and agencies that are subject to the Federal Policy for the Protection of Human Subjects (referred to as the ``Common Rule'') published a notice of proposed rulemaking (``NPR'') amending the Common Rule. Through this proposed rule, the Consumer Product Safety Commission (``CPSC'' or ``Commission'') proposes to adopt the Common Rule NPR and solicits public comment on the proposal.

Federal Register, Volume 80 Issue 185 (Thursday, September 24, 2015)
[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)]
[Proposed Rules]
[Pages 57548-57549]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24247]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1028


Protection of Human Subjects

AGENCY: Consumer Product Safety Commission.

ACTION:  Proposed rule.

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

SUMMARY:  On September 8, 2015, the federal departments and agencies 
that are subject to the Federal Policy for the Protection of Human 
Subjects (referred to as the ``Common Rule'') published a notice of 
proposed rulemaking (``NPR'') amending the Common Rule. Through this 
proposed rule, the Consumer Product Safety Commission (``CPSC'' or 
``Commission'') proposes to adopt the Common Rule NPR and solicits 
public comment on the proposal.

DATES: Comments must be received no later than 5 p.m. on December 7, 
2015.

ADDRESSES: You may submit comments, identified by docket ID number HHS-
OPHS-2015-0008, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Enter the above docket ID number in the ``Enter Keyword or ID'' field 
and click on ``Search.'' On the next Web page, click on ``Submit a 
Comment'' action and follow the instructions.
     Mail/Hand delivery/Courier [For paper, disk, or CD-ROM 
submissions] to: Jerry Menikoff, M.D., J.D., OHRP, 1101 Wootton 
Parkway, Suite 200, Rockville, MD 20852. Comments received, including 
any personal information, will be posted without change to 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Hope E.J. Nesteruk, Human Factors 
Engineer, Division of Human Factors, Directorate for Engineering 
Sciences, Consumer Product Safety Commission, 5 Research Place, 
Rockville, MD 20850; telephone: 301-987-2579; email: 
hnesteruk@cpsc.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On June 18, 1991, the Department of Health and Human Services 
(``HHS'') issued a rule setting forth the Common Rule requirements for 
the protection of human subjects. (56 FR 28003). The HHS regulations 
are codified at 45 CFR part 46. At that time, 14 other agencies, 
including the CPSC, joined HHS in adopting a uniform set of rules for 
the protection of human subjects identical to subpart A of 45 CFR part 
46. The Common Rule is codified in the CPSC's regulations at 16 CFR 
part 1028. The basic provisions of the Common Rule include, among other 
things, requirements related to the review of human subjects research 
by an institutional review board, obtaining and documenting informed 
consent of human subjects, and submitting a written assurance of 
institutional compliance with the Common Rule.
    On September 8, 2015, (80 FR 53933), HHS, on behalf of many of the 
same agencies that were signatories to the original Common Rule, 
proposed revisions to modernize, strengthen, and make more effective 
the Federal Policy for the Protection of Human Subjects that was 
promulgated as a Common Rule in 1991. The Common Rule NPR seeks comment 
on proposals to better protect human subjects involved in research, 
while facilitating valuable research and reducing burden, delay, and 
ambiguity for investigators. The participating departments and agencies 
proposed these revisions to the regulations because they believe these 
changes would strengthen protections for research subjects while 
facilitating important research.
    The full description of the proposed revisions to the Common Rule 
is provided in the Common Rule NPR at 80 FR 53933. Although the CPSC is 
a signatory to the original Common Rule, the CPSC's procedural 
requirements require Commission deliberation and vote on new rulemaking 
matters. Due to HHS's expedited schedule regarding publication of the 
Common Rule NPR in the Federal Register, the CPSC was not

[[Page 57549]]

a signatory of the Common Rule NPR. However, through this proposed 
rule, the Commission proposes to adopt the Common Rule NPR and solicits 
comment on the proposal.

II. CPSC's Proposed Regulatory Text

    CPSC's current regulations on the protection of human subjects are 
the regulations promulgated by all of the departments and agencies 
subject to the Common Rule, as codified under the CPSC's regulations at 
16 CFR part 1028. For the reasons provided in the Common Rule NPR (80 
FR 53933), the CPSC would adopt the amended regulatory text provided in 
the Common Rule NPR. Because the CPSC follows the HHS regulations in 45 
CFR part 46, subpart A, the CPSC proposes to amend the Commission 
regulations at 16 CFR part 1028 to cross-reference the HHS regulations 
in 45 CFR part 46, subpart A.

List of Subjects in 16 CFR Part 1028

    Human research subjects, Reporting and recordkeeping requirements, 
Research.

    For the reasons stated in the preamble, the Consumer Product Safety 
Commission proposes to revise 16 CFR part 1028 to read as follows:

PART 1028--PROTECTION OF HUMAN SUBJECTS

Sec.
1028.101 Cross-Reference.

    Authority: 5 U.S.C. 301; 42 U.S.C. 300v-1(b).

PART 1028--PROTECTION OF HUMAN SUBJECTS


Sec.  1028.101  Cross-Reference.

    The provisions set forth at 45 CFR part 46, subpart A, concerning 
the protection of human research subjects, apply to all research 
conducted, supported, or otherwise subject to regulation by the CPSC.

    Dated: September 21, 2015.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2015-24247 Filed 9-23-15; 8:45 am]
 BILLING CODE 6355-01-P



                                                57548              Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Proposed Rules

                                                and/or of essential functions, and possible             the DOA, the approval must include the                Rockville, MD 20852. Comments
                                                reduced control of the airplane.                        DOA-authorized signature.                             received, including any personal
                                                (f) Compliance                                          (i) Related Information                               information, will be posted without
                                                   Comply with this AD within the                          (1) Refer to Mandatory Continuing                  change to www.regulations.gov.
                                                compliance times specified, unless already              Airworthiness Information (MCAI) European             FOR FURTHER INFORMATION CONTACT:
                                                done.                                                   Aviation Safety Agency Airworthiness                  Hope E.J. Nesteruk, Human Factors
                                                                                                        Directive 2015–0006, dated January 15, 2015,          Engineer, Division of Human Factors,
                                                (g) Modification
                                                                                                        for related information. This MCAI may be             Directorate for Engineering Sciences,
                                                   Within 24 months after the effective date            found in the AD docket on the Internet at
                                                of this AD, modify the anti-collision light                                                                   Consumer Product Safety Commission,
                                                                                                        http://www.regulations.gov by searching for
                                                bonding, in accordance with the                         and locating Docket No. FAA–2015–3629.
                                                                                                                                                              5 Research Place, Rockville, MD 20850;
                                                Accomplishment Instructions of the                         (2) For service information identified in          telephone: 301–987–2579; email:
                                                applicable service information specified in             this AD, contact Dassault Falcon Jet, P.O. Box        hnesteruk@cpsc.gov.
                                                paragraphs (g)(1) through (g)(7) of this AD.            2000, South Hackensack, NJ 07606;                     SUPPLEMENTARY INFORMATION:
                                                   (1) For Model MYSTERE–FALCON 50                      telephone 201–440–6700; Internet http://
                                                airplanes: Dassault Service Bulletin F50–481,           www.dassaultfalcon.com. You may view this             I. Background
                                                dated August 22, 2007.                                  service information at the FAA, Transport
                                                   (2) For Model MYSTERE–FALCON 900
                                                                                                                                                                 On June 18, 1991, the Department of
                                                                                                        Airplane Directorate, 1601 Lind Avenue SW.,           Health and Human Services (‘‘HHS’’)
                                                airplanes with the WHELEN system installed              Renton, WA. For information on the
                                                on the fin tip: Dassault Service Bulletin                                                                     issued a rule setting forth the Common
                                                                                                        availability of this material at the FAA, call
                                                F900–372, dated August 22, 2007.                        425–227–1221.                                         Rule requirements for the protection of
                                                   (3) For Model MYSTERE–FALCON 900                                                                           human subjects. (56 FR 28003). The
                                                airplanes with the WHELEN system installed                Issued in Renton, Washington, on                    HHS regulations are codified at 45 CFR
                                                on the S-duct cowl: Dassault Service Bulletin           September 2, 2015.
                                                                                                                                                              part 46. At that time, 14 other agencies,
                                                F900–378, dated September 19, 2007.                     Michael Kaszycki,                                     including the CPSC, joined HHS in
                                                   (4) For Model FALCON 900EX airplanes                 Acting Manager, Transport Airplane
                                                with the WHELEN system installed on the fin
                                                                                                                                                              adopting a uniform set of rules for the
                                                                                                        Directorate, Aircraft Certification Service.          protection of human subjects identical
                                                tip: Dassault Service Bulletin F900EX–285,
                                                                                                        [FR Doc. 2015–22803 Filed 9–23–15; 8:45 am]           to subpart A of 45 CFR part 46. The
                                                dated July 18, 2007.
                                                   (5) For Model FALCON 900EX airplanes                 BILLING CODE 4910–13–P                                Common Rule is codified in the CPSC’s
                                                with the WHELEN system installed on the S-                                                                    regulations at 16 CFR part 1028. The
                                                duct cowl: Dassault Service Bulletin                                                                          basic provisions of the Common Rule
                                                F900EX–305, dated September 19, 2007.                   CONSUMER PRODUCT SAFETY                               include, among other things,
                                                   (6) For Model FALCON 2000 airplanes:                 COMMISSION                                            requirements related to the review of
                                                Dassault Service Bulletin F2000–337, dated
                                                July 25, 2007.
                                                                                                                                                              human subjects research by an
                                                                                                        16 CFR Part 1028                                      institutional review board, obtaining
                                                   (7) For Model FALCON 2000EX airplanes:
                                                Dassault Service Bulletin F2000EX–108,                                                                        and documenting informed consent of
                                                                                                        Protection of Human Subjects                          human subjects, and submitting a
                                                dated July 25, 2007.
                                                                                                        AGENCY:  Consumer Product Safety                      written assurance of institutional
                                                (h) Other FAA AD Provisions
                                                                                                        Commission.                                           compliance with the Common Rule.
                                                   The following provisions also apply to this                                                                   On September 8, 2015, (80 FR 53933),
                                                AD:                                                     ACTION: Proposed rule.
                                                                                                                                                              HHS, on behalf of many of the same
                                                   (1) Alternative Methods of Compliance
                                                                                                        SUMMARY:    On September 8, 2015, the                 agencies that were signatories to the
                                                (AMOCs): The Manager, International
                                                Branch, ANM–116, Transport Airplane                     federal departments and agencies that                 original Common Rule, proposed
                                                Directorate, FAA, has the authority to                  are subject to the Federal Policy for the             revisions to modernize, strengthen, and
                                                approve AMOCs for this AD, if requested                 Protection of Human Subjects (referred                make more effective the Federal Policy
                                                using the procedures found in 14 CFR 39.19.             to as the ‘‘Common Rule’’) published a                for the Protection of Human Subjects
                                                In accordance with 14 CFR 39.19, send your              notice of proposed rulemaking (‘‘NPR’’)               that was promulgated as a Common
                                                request to your principal inspector or local            amending the Common Rule. Through                     Rule in 1991. The Common Rule NPR
                                                Flight Standards District Office, as                    this proposed rule, the Consumer                      seeks comment on proposals to better
                                                appropriate. If sending information directly
                                                                                                        Product Safety Commission (‘‘CPSC’’ or                protect human subjects involved in
                                                to the International Branch, send it to ATTN:
                                                Tom Rodriguez, Aerospace Engineer,                      ‘‘Commission’’) proposes to adopt the                 research, while facilitating valuable
                                                International Branch, ANM–116, Transport                Common Rule NPR and solicits public                   research and reducing burden, delay,
                                                Airplane Directorate, FAA, 1601 Lind                    comment on the proposal.                              and ambiguity for investigators. The
                                                Avenue SW., Renton, WA 98057–3356;                      DATES: Comments must be received no                   participating departments and agencies
                                                telephone 425–227–1137; fax 425–227–1139.               later than 5 p.m. on December 7, 2015.                proposed these revisions to the
                                                Information may be emailed to: 9-ANM-116-                                                                     regulations because they believe these
                                                                                                        ADDRESSES: You may submit comments,
                                                AMOC-REQUESTS@faa.gov. Before using                                                                           changes would strengthen protections
                                                any approved AMOC, notify your appropriate              identified by docket ID number HHS–
                                                principal inspector, or lacking a principal             OPHS–2015–0008, by one of the                         for research subjects while facilitating
                                                inspector, the manager of the local flight              following methods:                                    important research.
                                                standards district office/certificate holding              • Federal eRulemaking Portal: http://                 The full description of the proposed
                                                district office. The AMOC approval letter               www.regulations.gov. Enter the above                  revisions to the Common Rule is
                                                must specifically reference this AD.                    docket ID number in the ‘‘Enter                       provided in the Common Rule NPR at
                                                   (2) Contacting the Manufacturer: For any
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                                                                                                        Keyword or ID’’ field and click on                    80 FR 53933. Although the CPSC is a
                                                requirement in this AD to obtain corrective             ‘‘Search.’’ On the next Web page, click               signatory to the original Common Rule,
                                                actions from a manufacturer, the action must                                                                  the CPSC’s procedural requirements
                                                be accomplished using a method approved
                                                                                                        on ‘‘Submit a Comment’’ action and
                                                by the Manager, International Branch, ANM–              follow the instructions.                              require Commission deliberation and
                                                116, Transport Airplane Directorate, FAA; or               • Mail/Hand delivery/Courier [For                  vote on new rulemaking matters. Due to
                                                the European Aviation Safety Agency                     paper, disk, or CD–ROM submissions]                   HHS’s expedited schedule regarding
                                                (EASA); or Dassault Aviation’s EASA Design              to: Jerry Menikoff, M.D., J.D., OHRP,                 publication of the Common Rule NPR in
                                                Organization Approval (DOA). If approved by             1101 Wootton Parkway, Suite 200,                      the Federal Register, the CPSC was not


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                                                                     Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Proposed Rules                                                  57549

                                                a signatory of the Common Rule NPR.                      DEPARTMENT OF ENERGY                                    Commission, 888 First Street NE.,
                                                However, through this proposed rule,                                                                             Washington, DC 20426, (301) 665–
                                                the Commission proposes to adopt the                     Federal Energy Regulatory                               1608, kenneth.hubona@ferc.gov.
                                                Common Rule NPR and solicits                             Commission                                            Kevin Ryan (Legal Information), Office
                                                comment on the proposal.                                                                                         of the General Counsel, Federal
                                                                                                         18 CFR Part 40                                          Energy Regulatory Commission, 888
                                                II. CPSC’s Proposed Regulatory Text                                                                              First Street NE., Washington, DC
                                                                                                         [Docket No. RM15–8–000]
                                                                                                                                                                 20426, (202) 502–6840, kevin.ryan@
                                                  CPSC’s current regulations on the
                                                                                                         Relay Performance During Stable                         ferc.gov.
                                                protection of human subjects are the
                                                regulations promulgated by all of the                    Power Swings Reliability Standard
                                                                                                                                                               SUPPLEMENTARY INFORMATION:
                                                departments and agencies subject to the                  AGENCY: Federal Energy Regulatory                       1. Pursuant to section 215 of the
                                                Common Rule, as codified under the                       Commission.                                           Federal Power Act (FPA),1 the
                                                CPSC’s regulations at 16 CFR part 1028.                  ACTION: Notice of proposed rulemaking.                Commission proposes to approve
                                                For the reasons provided in the                                                                                Reliability Standard PRC–026–1 (Relay
                                                Common Rule NPR (80 FR 53933), the                       SUMMARY:    The Federal Energy                        Performance During Stable Power
                                                CPSC would adopt the amended                             Regulatory Commission proposes to                     Swings), submitted by the North
                                                regulatory text provided in the Common                   approve Reliability Standard PRC–026–                 American Electric Reliability
                                                Rule NPR. Because the CPSC follows the                   1 (Relay Performance During Stable                    Corporation (NERC), the Commission-
                                                HHS regulations in 45 CFR part 46,                       Power Swings), submitted by the North                 approved Electric Reliability
                                                subpart A, the CPSC proposes to amend                    American Electric Reliability                         Organization (ERO). The proposed
                                                the Commission regulations at 16 CFR                     Corporation. The proposed Reliability                 Reliability Standard applies to planning
                                                part 1028 to cross-reference the HHS                     Standard is designed to ensure that                   coordinators, as well as generator
                                                                                                         applicable entities use protective relay              owners and transmission owners that
                                                regulations in 45 CFR part 46, subpart
                                                                                                         systems that can differentiate between                apply certain load-responsive protective
                                                A.
                                                                                                         faults and stable power swings. In                    relays in specific, identified
                                                List of Subjects in 16 CFR Part 1028                     addition, the Commission requests                     circumstances, and is designed to
                                                                                                         comment regarding the potential burden                ensure the use of protective relay
                                                  Human research subjects, Reporting                     of modifying the applicability of                     systems that can differentiate between
                                                and recordkeeping requirements,                          proposed Reliability Standard PRC–                    faults and stable power swings. In
                                                Research.                                                026–1 to include relays with a time                   addition, the Commission proposes to
                                                  For the reasons stated in the                          delay of 15 cycles or greater in instances            approve NERC’s proposed
                                                                                                         where either (1) an element has been                  implementation plan, and the assigned
                                                preamble, the Consumer Product Safety
                                                                                                         identified by a Planning Coordinator as               violation risk factors and violation
                                                Commission proposes to revise 16 CFR
                                                                                                         potentially susceptible to power swings               severity levels.
                                                part 1028 to read as follows:
                                                                                                         or (2) an entity becomes aware of a bulk                2. Consistent with directives issued in
                                                PART 1028—PROTECTION OF HUMAN                            electric system element that tripped in               Order No. 733,2 the Commission
                                                                                                         response to a stable or unstable power                proposes to find that the proposed
                                                SUBJECTS
                                                                                                         swing due to the operation of its                     Reliability Standard addresses
                                                Sec.                                                     protective relay(s), even if the element              undesirable relay operation due to
                                                1028.101     Cross-Reference.                            was not previously identified by the                  power swings,3 and provides an equally
                                                                                                         planning coordinator.                                 effective and efficient alternative to the
                                                  Authority: 5 U.S.C. 301; 42 U.S.C. 300v–
                                                                                                         DATES: Comments are due November 23,                  Order No. 733 directive requiring the
                                                1(b).
                                                                                                         2015.                                                 use of protective relay systems that can
                                                PART 1028—PROTECTION OF HUMAN                            ADDRESSES: Comments, identified by                    differentiate between faults and stable
                                                SUBJECTS                                                 docket number, may be filed in the                    power swings and, when necessary,
                                                                                                         following ways:                                       retirement of protective relay systems
                                                § 1028.101       Cross-Reference.                           • Electronic Filing through http://                that cannot meet this requirement.4
                                                                                                         www.ferc.gov. Documents created                       Further, as discussed below, the
                                                  The provisions set forth at 45 CFR                                                                           Commission seeks comment regarding
                                                part 46, subpart A, concerning the                       electronically using word processing
                                                                                                         software should be filed in native                    the potential burden of modifying the
                                                protection of human research subjects,                                                                         applicability of proposed Reliability
                                                apply to all research conducted,                         applications or print-to-PDF format and
                                                                                                         not in a scanned format.                              Standard PRC–026–1 to include relays
                                                supported, or otherwise subject to                                                                             with a time delay of 15 cycles or greater
                                                                                                            • Mail/Hand Delivery: Those unable
                                                regulation by the CPSC.                                                                                        in instances where either (1) an element
                                                                                                         to file electronically may mail or hand-
                                                  Dated: September 21, 2015.                             deliver comments to: Federal Energy                   has been identified by a Planning
                                                Todd A. Stevenson,                                       Regulatory Commission, Secretary of the               Coordinator as potentially susceptible to
                                                                                                         Commission, 888 First Street NE.,                     power swings or (2) an entity becomes
                                                Secretary, Consumer Product Safety
                                                                                                         Washington, DC 20426.                                 aware of a bulk electric system element
                                                Commission.
                                                                                                            Instructions: For detailed instructions            that tripped in response to a stable or
                                                [FR Doc. 2015–24247 Filed 9–23–15; 8:45 am]
                                                                                                         on submitting comments and additional
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                BILLING CODE 6355–01–P                                                                                           1 16  U.S.C. 824o (2012).
                                                                                                         information on the rulemaking process,                  2 Transmission   Relay Loadability Reliability
                                                                                                         see the Comment Procedures Section of                 Standard, Order No. 733, 130 FERC ¶ 61,221
                                                                                                         this document.                                        (2010), order on reh’g and clarification, Order No.
                                                                                                         FOR FURTHER INFORMATION CONTACT:                      733–A, 134 FERC ¶ 61,127, order on reh’g and
                                                                                                                                                               clarification, Order No. 733–B, 136 FERC ¶ 61,185
                                                                                                         Kenneth Hubona (Technical                             (2011).
                                                                                                            Information), Office of Electric                     3 Order No. 733, 130 FERC ¶ 61,221 at P 153.

                                                                                                            Reliability, Federal Energy Regulatory               4 Id. P 150.




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Document Created: 2018-02-26 10:18:22
Document Modified: 2018-02-26 10:18:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received no later than 5 p.m. on December 7, 2015.
ContactHope E.J. Nesteruk, Human Factors Engineer, Division of Human Factors, Directorate for Engineering Sciences, Consumer Product Safety Commission, 5 Research Place, Rockville, MD 20850; telephone: 301-987-2579; email: [email protected]
FR Citation80 FR 57548 
CFR AssociatedHuman Research Subjects; Reporting and Recordkeeping Requirements and Research

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