81 FR 94849 - Semiannual Regulatory Agenda
CONSUMER PRODUCT SAFETY COMMISSION Federal Register Volume 81, Issue 247 (December 23, 2016)
Federal Register Volume 81, Issue 247 (December 23, 2016)
| Page Range | 94849-94852 | |
| FR Document | 2016-29922 |
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)] [Unknown Section] [Pages 94849-94852] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29922] [[Page 94849]] Vol. 81 Friday, No. 247 December 23, 2016 Part XXIV Consumer Product Safety Commission ----------------------------------------------------------------------- Semiannual Regulatory Agenda Federal Register / Vol. 81 , No. 247 / Friday, December 23, 2016 / Unified Agenda [[Page 94850]] ----------------------------------------------------------------------- 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 regulatory actions that the Commission expects to be under development or review by the agency during the next year. This document meets the requirements of the Regulatory Flexibility Act and Executive Order 12866. The Commission welcomes comments on the agenda and on the individual agenda entries. DATES: Comments should be received in the Office of the Secretary on or before December 14, 2016. ADDRESSES: Comments on the regulatory flexibility agenda should be captioned, ``Regulatory Flexibility Agenda,'' and be emailed to: [email protected]. Comments may also be mailed or delivered to the Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East-West Highway, Bethesda, MD 20814-4408. FOR FURTHER INFORMATION CONTACT: For further information on the agenda in general, contact Eileen Williams, 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, consult the individual listed in the column headed, ``Contact,'' for that particular item. SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 to 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 (5 U.S.C. 602) requires each agency to publish, twice each year, a regulatory flexibility agenda containing a brief description of the subject area of any rule expected to be proposed or promulgated, which is likely to have a ``significant economic impact'' on a ``substantial number'' of small entities. The agency must also provide a summary of the nature of the rule and a schedule for acting on each rule for which the agency has issued a notice of proposed rulemaking. The regulatory flexibility agenda is also required to contain the name and address of the agency official knowledgeable about the items listed. Furthermore, agencies are required to provide notice of their agendas to small entities and to solicit their comments by direct notification or by inclusion in publications likely to be obtained by such entities. Additionally, Executive Order 12866 requires each agency to publish, twice each year, a regulatory agenda of regulations under development or review during the next year, and the Executive order states that such an agenda may be combined with the agenda published in accordance with the RFA. The regulatory flexibility agenda lists the regulatory activities expected to be under development or review during the next 12 months. It includes all such activities, whether or not they may have a significant economic impact on a substantial number of small entities. This agenda also includes regulatory activities that appeared in the spring 2016 agenda and have been completed by the Commission prior to publication of this agenda. Although CPSC, as an independent regulatory agency, is not required to comply with Executive orders, the Commission does follow Executive Order 12866 with respect to the publication of its regulatory 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 the development or completion of each activity; and the name and telephone number of a knowledgeable agency official concerning particular items on the agenda. The Internet is the basic means through which the Unified Agenda is disseminated. The complete Unified Agenda will be available online at www.reginfo.gov, in a format that offers users the ability to obtain information from the Agenda database. Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (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 Regulatory Flexibility Act 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 Regulatory Flexibility Act. Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act's agenda requirements. Additional information on these entries is available in the Unified Agenda published on the Internet. The agenda reflects 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 law may alter anticipated timing. In addition, no final determination by staff or the Commission regarding the need for, or the substance of, any rule or regulation should be inferred from this agenda. Dated: September 1, 2016. Todd A. Stevenson, Secretary, Consumer Product Safety Commission. Consumer Product Safety Commission--Prerule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 459....................... Rule Review of: Standard 3041-AD47 for the Flammability (Open Flame) of Mattress Sets (Section 610 Review). ------------------------------------------------------------------------ Consumer Product Safety Commission--Final Rule Stage ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 460....................... Recreational Off-Road 3041-AC78 Vehicles. 461....................... Standard for Sling 3041-AD28 Carriers. [[Page 94851]] 462....................... Determinations Regarding 3041-AD59 Third Party Testing of Phthalates In Four Specified Plastics. ------------------------------------------------------------------------ Consumer Product Safety Commission--Completed Actions ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No. ------------------------------------------------------------------------ 463....................... Revisions to Safety 3041-AD60 Standard for Carriages and Strollers. ------------------------------------------------------------------------ CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Prerule Stage 459. Rule Review of: Standard for the Flammability (Open Flame) of Mattress Sets (Section 610 Review) Legal Authority: 5 U.S.C. 1193, Flammable Fabrics Act; 5 U.S.C. 610, Regulatory Flexibility Act Abstract: The Commission published the Standard for the Flammability (Open Flame) of Mattress Sets in March 2006. The Standard sets open flame performance measures on all mattress sets entered into commerce on or after the effective date in July 2007. The purpose of the rule review is to assess the impact of the rule on small entities and to determine whether the rule should be continued without change, or should be amended or rescinded to make the rule more effective or less burdensome while still maintaining safety objectives. CPSC staff solicited comments on the rule through a Federal Register Notice. Staff also conducted economic and fire loss data analyses to review the impact and effectiveness of the rule. A staff briefing package is being developed and will be submitted to the Commission. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Notice for Comment Published in the 04/03/15 80 FR 18218 Federal Register. Comment Period End.................. 06/02/15 Staff Sends Briefing Package to 11/00/16 Commission. ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Undetermined. Agency Contact: Lisa Scott, Project Manager, Directorate for Laboratory Sciences, Consumer Product Safety Commission, National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850, Phone: 301 987-2064, Email: [email protected]. RIN: 3041-AD47 CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Final Rule Stage 460. Recreational Off-Road Vehicles Legal Authority: 15 U.S.C. 2056; 15 U.S.C. 2058 Abstract: The Commission is considering whether recreational off- road vehicles (ROVs) present an unreasonable risk of injury that should be regulated. ROVs are motorized vehicles having four or more low- pressure tires designed for off-road use and intended by the manufacturer primarily for recreational use by one or more persons. The salient characteristics of an ROV include a steering wheel for steering control, foot controls for throttle and braking, bench or bucket seats, a roll-over protective structure, and a maximum speed greater than 30 mph. On October 21, 2009, the Commission voted (4-0-1) to publish an advance notice of proposed rulemaking (ANPRM) in the Federal Register. The ANPRM was published in the Federal Register on October 28, 2009, and the comment period ended December 28, 2009. The Commission received two letters requesting an extension of the comment period. The Commission extended the comment period until March 15, 2010. Staff conducted testing and evaluation programs to develop performance requirements addressing vehicle stability, vehicle handling, and occupant protection. On October 29, 2014, the Commission voted (3-2) to publish an NPRM proposing standards addressing vehicle stability, vehicle handling, and occupant protection. The NPRM was published in the Federal Register on November 19, 2014. On January 23, 2015, the Commission published a notice of extension of the comment period for the NPRM, extending the comment period to April 8, 2015. The Omnibus Appropriations Bill provides that during fiscal year 2016, none of the amounts made available by the Appropriations Bill may be used to finalize or implement the Safety Standard for Recreational Off-Highway Vehicles published by the CPSC in the Federal Register on November 19, 2014 (79 FR 68964) (ROV NPRM) until after the National Academy of Sciences completes a study to determine specific information as set forth in the Appropriations Bill. Staff has ceased work on a Final Rule briefing package that would implement the ROV NPRM, but continues to engage in the development of voluntary standards associated with ROVs. In FY 2016, staff will prepare a briefing package assessing the voluntary standards for Commission consideration. 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 [[Page 94852]] Extended Comment Period End......... 04/08/15 Staff Sends Briefing Package 11/00/16 Assessing Voluntary Standards to 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-AC78 461. Standard for Sling Carriers Legal Authority: Pub. L. 110-314, sec. 104 Abstract: Section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) requires the Commission to issue consumer product safety standards for durable infant or toddler products. The Commission is directed to assess the effectiveness of applicable voluntary standards, and in accordance with the Administrative Procedure Act, promulgate consumer product safety standards that are substantially the same as the voluntary standard, or more stringent than the voluntary standard if the Commission determines that more stringent standards would further reduce the risk of injury associated with the product. The CPSIA requires that not later than August 14, 2009, the Commission begin rulemaking for at least two categories of durable infant or toddler products and promulgate two such standards every six months thereafter. The Commission proposed a consumer product safety standard for infant sling carriers as part of this series of standards for durable infant and toddler products. On June 13, 2014, staff sent an NPRM briefing package to the Commission. The Commission voted unanimously (3-0) to approve publication of the NPRM in the Federal Register. The NPRM was published in the Federal Register on July 23, 2014. Following review of the comments, staff will prepare a Final Rule briefing package for the Commission's consideration. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Staff Sends NPRM Briefing Package to 06/13/14 the Commission. Commission Decision to Publish NPRM. 07/09/14 NPRM................................ 07/23/14 79 FR 42724 NPRM Comment Period End............. 10/06/14 Staff Sends Final Rule Briefing 09/00/17 Package to Commission. ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Hope Nesteruk, Project Manager, Directorate for Engineering Sciences, Consumer Product Safety Commission, National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850, Phone: 301 987-2579, Email: [email protected]. RIN: 3041-AD28 462. Determinations Regarding Third Party Testing of Phthalates in Four Specified Plastics Legal Authority: Sec. 3, Pub. L. 110-314, 122 Stat. 3016; 15 U.S.C. 2063(d)(3)(B) Abstract: Section 14(i)(3) of the Consumer Product Safety Act requires the Commission to seek opportunities to reduce the cost of third party testing requirements consistent with assuring compliance with any applicable children's product safety rule. Staff prepared for Commission consideration a briefing package with a draft notice of proposed rulemaking (NPRM) regarding third party testing of phthalates in four specified plastics. The Commission approved the NPRM on August 9, 2016. After reviewing any submitted comments, staff will prepare a final rule briefing package for Commission consideration. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Staff Sends NPRM to the Commission.. 08/03/16 Commission Decision................. 08/09/16 NPRM Published in the Federal 08/17/16 81 FR 54754 Register. NPRM Comment Period End............. 10/31/16 Staff Sends Final Rule Briefing 09/00/17 Package to Commission. ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Randy Butturini, Project Manager, Office of Hazard Identification and Reduction, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, Phone: 301 504-7562, Email: [email protected]. RIN: 3041-AD59 CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Completed Actions 463.Revisions to Safety Standard for Carriages and Strollers Legal Authority: Pub. L. 110-314, Sec. 104 Abstract: ASTM notified the CPSC that a more recent version of the voluntary standard referenced in the Safety Standard for Carriages and Strollers at 16 CFR part 1227 was approved on November 1, 2015. In accordance with the process for updating CPSC's durable infant or toddler standards under section 104(b) of the CPSIA, the Commission published a direct final rule, revising the CPSC's Standard for Carriages and Strollers to incorporate by reference a more recent version of the voluntary standard, ASTM F833-15. Timetable: ------------------------------------------------------------------------ Action Date FR Cite ------------------------------------------------------------------------ Briefing Package to Commission...... 05/25/16 Commission Vote to Publish Direct 06/01/16 Final Rule. Direct Final Rule Published in the 06/09/16 81 FR 37128 Federal Register. Direct Final Rule Comment Period End 07/11/16 Direct Final Rule Effective......... 10/02/16 ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Rana Balci-Sinha, Project Manager, Directorate for Engineering Sciences, Consumer Product Safety Commission, National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850, Phone: 301 987-2584, Email: [email protected]. RIN: 3041-AD60 [FR Doc. 2016-29922 Filed 12-22-16; 8:45 am] BILLING CODE 6355-01-P
![94852 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda
Action Date FR Cite Action Date FR Cite Regulatory Flexibility Analysis
Required: Yes.
Extended Com- 04/08/15 Staff Sends 06/13/14 Agency Contact: Randy Butturini,
ment Period NPRM Briefing Project Manager, Office of Hazard
End. Package to the
Commission.
Identification and Reduction, Consumer
Staff Sends Brief- 11/00/16
ing Package Commission Deci- 07/09/14 Product Safety Commission, 4330 East
Assessing Vol- sion to Publish West Highway, Bethesda, MD 20814,
untary Stand- NPRM. Phone: 301 504–7562, Email:
ards to Com- NPRM .................. 07/23/14 79 FR 42724 rbutturini@cpsc.gov.
mission. NPRM Comment 10/06/14 RIN: 3041–AD59
Period End.
Staff Sends Final 09/00/17
Regulatory Flexibility Analysis Rule Briefing
Required: Yes. Package to CONSUMER PRODUCT SAFETY
Agency Contact: Caroleene Paul, Commission. COMMISSION (CPSC)
Project Manager, Directorate for
Regulatory Flexibility Analysis Completed Actions
Engineering Sciences, Consumer
Product Safety Commission, National Required: Yes. 463. • Revisions to Safety Standard for
Product Testing and Evaluation Center, Agency Contact: Hope Nesteruk, Carriages and Strollers
5 Research Place, Rockville, MD 20850, Project Manager, Directorate for
Engineering Sciences, Consumer Legal Authority: Pub. L. 110–314, Sec.
Phone: 301 987–2225, Email: cpaul@ 104
cpsc.gov. Product Safety Commission, National
Product Testing and Evaluation Center, Abstract: ASTM notified the CPSC
RIN: 3041–AC78 5 Research Place, Rockville, MD 20850, that a more recent version of the
461. Standard for Sling Carriers Phone: 301 987–2579, Email: voluntary standard referenced in the
hnesteruk@cpsc.gov. Safety Standard for Carriages and
Legal Authority: Pub. L. 110–314, sec. RIN: 3041–AD28 Strollers at 16 CFR part 1227 was
104 approved on November 1, 2015. In
462. Determinations Regarding Third accordance with the process for
Abstract: Section 104 of the Consumer Party Testing of Phthalates in Four
Product Safety Improvement Act of updating CPSC’s durable infant or
Specified Plastics toddler standards under section 104(b)
2008 (CPSIA) requires the Commission
Legal Authority: Sec. 3, Pub. L. 110– of the CPSIA, the Commission
to issue consumer product safety
314, 122 Stat. 3016; 15 U.S.C. published a direct final rule, revising
standards for durable infant or toddler
2063(d)(3)(B) the CPSC’s Standard for Carriages and
products. The Commission is directed to Strollers to incorporate by reference a
assess the effectiveness of applicable Abstract: Section 14(i)(3) of the
Consumer Product Safety Act requires more recent version of the voluntary
voluntary standards, and in accordance standard, ASTM F833–15.
with the Administrative Procedure Act, the Commission to seek opportunities to
reduce the cost of third party testing Timetable:
promulgate consumer product safety
standards that are substantially the same requirements consistent with assuring
compliance with any applicable Action Date FR Cite
as the voluntary standard, or more
children’s product safety rule. Staff
stringent than the voluntary standard if Briefing Package 05/25/16
prepared for Commission consideration to Commission.
the Commission determines that more
a briefing package with a draft notice of Commission Vote 06/01/16
stringent standards would further proposed rulemaking (NPRM) regarding to Publish Di-
reduce the risk of injury associated with third party testing of phthalates in four rect Final Rule.
the product. The CPSIA requires that specified plastics. The Commission Direct Final Rule 06/09/16 81 FR 37128
not later than August 14, 2009, the approved the NPRM on August 9, 2016. Published in the
Commission begin rulemaking for at After reviewing any submitted FEDERAL REG-
least two categories of durable infant or ISTER.
comments, staff will prepare a final rule
toddler products and promulgate two Direct Final Rule 07/11/16
briefing package for Commission
such standards every six months Comment Pe-
consideration. riod End.
thereafter. The Commission proposed a Timetable: Direct Final Rule 10/02/16
consumer product safety standard for Effective.
infant sling carriers as part of this series Action Date FR Cite
of standards for durable infant and Regulatory Flexibility Analysis
toddler products. On June 13, 2014, staff Staff Sends 08/03/16
NPRM to the Required: Yes.
sent an NPRM briefing package to the
Commission. Agency Contact: Rana Balci–Sinha,
Commission. The Commission voted Commission Deci- 08/09/16 Project Manager, Directorate for
unanimously (3–0) to approve sion. Engineering Sciences, Consumer
mstockstill on DSK3G9T082PROD with PROPOSALP24
publication of the NPRM in the Federal NPRM Published 08/17/16 81 FR 54754 Product Safety Commission, National
Register. The NPRM was published in in the FEDERAL Product Testing and Evaluation Center,
the Federal Register on July 23, 2014. REGISTER.
NPRM Comment 10/31/16
5 Research Place, Rockville, MD 20850,
Following review of the comments, staff Phone: 301 987–2584, Email:
Period End.
will prepare a Final Rule briefing Staff Sends Final 09/00/17 rbalcisinha@cpsc.gov.
package for the Commission’s Rule Briefing RIN: 3041–AD60
consideration. Package to [FR Doc. 2016–29922 Filed 12–22–16; 8:45 am]
Timetable: Commission.
BILLING CODE 6355–01–P
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Document Created: 2016-12-23 12:29:06
Document Modified: 2016-12-23 12:29:06
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Semiannual regulatory agenda. | |
| Dates | Comments should be received in the Office of the Secretary on or before December 14, 2016. | |
| Contact | For further information on the agenda in general, contact Eileen Williams, 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, consult the individual listed in the column headed, ``Contact,'' for that particular item. | |
| FR Citation | 81 FR 94849 |
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