82_FR_40554 82 FR 40391 - Semiannual Regulatory Agenda

82 FR 40391 - Semiannual Regulatory Agenda

CONSUMER PRODUCT SAFETY COMMISSION

Federal Register Volume 82, Issue 163 (August 24, 2017)

Page Range40391-40396
FR Document2017-16982

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.

Federal Register, Volume 82 Issue 163 (Thursday, August 24, 2017)
[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Unknown Section]
[Pages 40391-40396]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16982]



[[Page 40391]]

Vol. 82

Thursday,

No. 163

August 24, 2017

Part XXIII





Consumer Product Safety Commission





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Semiannual Regulatory Agenda

Federal Register / Vol. 82 , No. 163 / Thursday, August 24, 2017 / 
Unified Agenda

[[Page 40392]]


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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 September 25, 2017.

ADDRESSES: Comments on the regulatory flexibility agenda should be 
captioned, ``Regulatory Flexibility Agenda,'' and submitted by email 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 Charu Krishnan, Directorate for Economic Analysis, 
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 also is 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 fall 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.

Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.

         Consumer Product Safety Commission--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
269.......................  Regulatory Options for             3041-AC31
                             Table Saws.
------------------------------------------------------------------------


          Consumer Product Safety Commission--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
270.......................  Determinations Regarding           3041-AD59
                             Third Party Testing of
                             Phthalates In Four
                             Specified Plastics.
------------------------------------------------------------------------


[[Page 40393]]


          Consumer Product Safety Commission--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
271.......................  Flammability Standard for          3041-AB35
                             Upholstered Furniture.
272.......................  Portable Generators.......         3041-AC36
273.......................  Recreational Off-Road              3041-AC78
                             Vehicles.
------------------------------------------------------------------------


          Consumer Product Safety Commission--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
274.......................  Standard for Sling                 3041-AD28
                             Carriers.
275.......................  Standard for Infant Bath           3041-AD37
                             Tubs.
276.......................  Rule Review of: Standard           3041-AD47
                             for the Flammability
                             (Open Flame) of Mattress
                             Sets (Completion of a
                             Section 610 Review).
------------------------------------------------------------------------


CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Proposed Rule Stage

269. Regulatory Options for Table Saws

    Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2051
    Abstract: On July 11, 2006, the Commission voted to grant a 
petition requesting that the Commission issue a rule prescribing 
performance standards for a system to reduce or prevent injuries from 
contacting the blade of a table saw. The Commission also directed CPSC 
staff to prepare an advance notice of proposed rulemaking (ANPRM) 
initiating a rulemaking proceeding under the Consumer Product Safety 
Act (CPSA) to: (1) Identify the risk of injury associated with table 
saw blade-contact injuries; (2) summarize regulatory alternatives, and 
(3) invite comments from the public. An ANPRM was published on October 
11, 2011. The comment period ended on February 10, 2012. Staff 
participated in the Underwriters Laboratories (UL) working group 
development of performance requirements for table saws, conducted 
performance tests on sample table saws, conducted survey work on blade 
guard use, and evaluated comments to the ANPRM. Staff prepared a 
briefing package with a notice of proposed rulemaking (NPRM) and 
submitted the package to the Commission on January 17, 2017. The 
Commission voted to publish the NPRM and the comment period for the 
NPRM is closing on July 26, 2017.
    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.
ANPRM Comment Period End............   12/12/11
Comment Period End..................   02/10/12
Notice to Reopen Comment Period.....   02/15/12  77 FR 8751
Reopened 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
------------------------------------------------------------------------

    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

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Final Rule Stage

270. 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 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


[[Page 40394]]



CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Long-Term Actions

271. Flammability Standard for Upholstered Furniture

    Legal Authority: 15 U.S.C. 1193; 5 U.S.C. 801
    Abstract: In October 2003, the Commission issued an advance notice 
of proposed rulemaking (ANPRM) to address the risk of fire associated 
with cigarette and small open-flame ignitions of upholstered furniture. 
The Commission published a notice of proposed rulemaking (NPRM) in 
March 2008, and received public comments. The Commission's proposed 
rule would require that upholstered furniture have cigarette-resistant 
fabrics or cigarette-and open flame-resistant barriers. The proposed 
rule would not require flame-resistant chemicals in fabrics or 
fillings. Since the Commission published the NPRM, CPSC staff has 
conducted testing of upholstered furniture, using both full-scale 
furniture and bench-scale models, as proposed in the NPRM. In FY 2016, 
staff was directed to prepare a briefing package summarizing the 
feasibility of adopting California's Technical Bulletin 117-2013 (TB 
117-2013) as a mandatory standard. Currently, staff is working with 
voluntary standards organizations, both ASTM and NFPA, and the 
California Bureau of Electronic and Appliance Repair, Home Furnishings 
and Thermal Insulation (BEARHFTI) to evaluate new provisions and 
improve the existing consensus standards related to upholstered 
furniture flammability. Staff intends to prepare a package with options 
for Commission consideration that includes terminating rulemaking and 
pursuing alternative approaches to address the hazard.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   06/15/94  59 FR 30735
Commission Hearing May 5 & 6, 1998     03/17/98  63 FR 13017
 on Possible Toxicity of Flame-
 Retardant Chemicals.
Meeting Notice......................   03/20/02  67 FR 12916
Notice of Public Meeting............   08/27/03  68 FR 51564
Public Meeting......................   09/24/03
ANPRM...............................   10/23/03  68 FR 60629
ANPRM Comment Period End............   12/22/03
Staff Held Public Meeting...........   10/28/04
Staff Held Public Meeting...........   05/18/05
Staff Sent Status Report to            01/31/06
 Commission.
Staff Sent Status Report to            11/03/06
 Commission.
Staff Sent Status Report to            12/28/06
 Commission.
Staff Sent Options Package to          12/22/07
 Commission.
Commission Decision to Direct Staff    12/27/07
 to Prepare Draft NPRM.
Staff Sent Draft NPRM to Commission.   01/22/08
Commission Decision to Publish NPRM.   02/01/08
NPRM................................   03/04/08  73 FR 11702
NPRM Comment Period End.............   05/19/08
Staff Published NIST Report on         05/19/09
 Standard Test Cigarettes.
Staff Publishes NIST Report on         09/14/12
 Standard Research Foam.
Notice of April 25 Public Meeting      03/20/13  78 FR 17140
 and Request for Comments.
Staff Holds Upholstered Furniture      04/25/13
 Fire Safety Technology Meeting.
Comment Period End..................   07/01/13
Staff Sends Briefing Package to        09/08/16
 Commission on California's TB117-
 2013.
Next Action Undetermined............
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Andrew Lock, Project Manager, Directorate for 
Laboratory Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2099, Email: [email protected].
    RIN: 3041-AB35

272. Portable Generators

    Legal Authority: 15 U.S.C. 2051
    Abstract: On December 5, 2006, the Commission voted to issue an 
advance notice of proposed rulemaking (ANPRM) under the Consumer 
Product Safety Act (CPSA) concerning portable generators. The ANPRM 
discusses regulatory options that could reduce deaths and injuries 
related to portable generators, particularly those involving carbon 
monoxide (CO) poisoning. The ANPRM was published in the Federal 
Register on December 12, 2006. Staff reviewed public comments and 
conducted technical activities. In FY 2006, staff awarded a contract to 
develop a prototype generator engine with reduced CO in the exhaust. 
Also in FY 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. 
NIST's test house, a double-wide manufactured home, is designed for 
conducting residential indoor air quality (IAQ) studies, and the 
scenarios tested are typical of those involving consumer fatalities. 
These tests provide empirical data on CO accumulation in the garage and 
infiltration into the house; staff used these data to evaluate the 
efficacy of the prototype in reducing the risk of fatal or severe CO 
poisoning. Under this IAG, NIST also modeled the CO infiltration from 
the garage under a variety of other conditions, including different 
ambient conditions and longer generator run times. In FY 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. In 2011, staff prepared 
a package containing staff and contractor reports on the technology 
demonstration of the low CO emission prototype portable generator. This 
included, among other staff reports, a summary of the prototype 
development and durability results, as well as end-of-life emission 
test results performed on it by an independent emissions laboratory. 
Staff's assessment of the ability of the prototype to reduce the CO 
poisoning hazard was also included. In September 2012, staff released 
this package and solicited comments from stakeholders. In October 2016, 
staff delivered a briefing package with a draft notice of proposed 
rulemaking (NPRM) to the Commission. In November 2016, the Commission 
voted to approve the NPRM. The notice was published in the Federal 
Register on November 21, 2016, with a comment period deadline of 
February 6, 2017. In December 2016, the Commission voted to extend the 
comment period until April 24, 2017 in response to a request to extend 
the comment period an additional 75 days. The Commission held a public 
hearing on March 8, 2017 to provide an

[[Page 40395]]

opportunity for stakeholders to present oral comments on the NPRM. 
Staff will review the comments on the NPRM and begin to prepare a final 
rule briefing package for Commission consideration.
    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.
Staff Sends NPRM Briefing Package to   10/05/16
 Commission.
NPRM................................   11/21/16  81 FR 83556
Public Hearing for Oral Comments....   03/08/17  82 FR 8907
NPRM Comment Period End.............   04/24/17
Staff Sends Draft Final Rule to        09/00/18
 Commission.
------------------------------------------------------------------------

    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].
    RIN: 3041-AC36

273. 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 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 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 ceased work on a Final Rule 
briefing package in FY 15 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.
    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 is Evaluating Voluntary                  To Be Determined
 Standards.
------------------------------------------------------------------------

    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

274. 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

[[Page 40396]]

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 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 prepared a Final Rule briefing package 
for the Commission's consideration. On January 11, 2017, the Commission 
voted to publish a Final Rule. The Final Rule was published in the 
Federal Register on January 30, 2017 (82 FR 8671).
    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 Sent Final Rule Briefing         12/21/16
 Package to Commission.
Commission Decision to Publish Final   01/11/17
 Rule.
Final Rule..........................   01/30/17  82 FR 8671
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Alice Thaler, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2240, Email: [email protected].
    RIN: 3041-AD28

275. Standard for Infant Bath Tubs

    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 6 months 
thereafter. The Commission proposed a consumer product safety standard 
for infant baths as part of this series of standards for durable infant 
and toddler products. Staff submitted an NPRM briefing package for 
Commission consideration on July 31, 2015. The Commission approved 
publication of the draft NPRM in the Federal Register, and the NPRM was 
published on August 14, 2015. Staff submitted a Final Rule briefing 
package to the Commission on March 15, 2017 for consideration. On March 
24, 2017, the Commission voted to approve publication of the final 
rule. The Final Rule was published on March 30, 2017, and becomes 
effective on October 2, 2017.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff Sends NPRM Briefing Package to   07/22/15
 Commission.
Commission Decision.................   07/31/15
NPRM................................   08/14/15  80 FR 48769
NPRM Comment Period End.............   10/28/15
Staff Sent Final Rule Briefing         03/15/17
 Package to Commission.
Commission Decision.................   03/24/17
Final Rule..........................   03/30/17  82 FR 15615
Final Rule Effective................   10/02/17
------------------------------------------------------------------------

    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-AD37

276. Rule Review of: Standard for the Flammability (Open Flame) of 
Mattress Sets (Completion of a 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. Staff submitted a briefing 
package to the Commission on November 9, 2016. A Notice of Availability 
of the rule review was published in the Federal Register on December 
19, 2016.
    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        11/09/16
 Commission.
Notice of Availability Published in    12/19/16  81 FR 91923
 the Federal Register.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    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

[FR Doc. 2017-16982 Filed 8-23-17; 8:45 am]
 BILLING CODE 6355-01-P



                                                                                                          Vol. 82                           Thursday,
                                                                                                          No. 163                           August 24, 2017




                                                                                                          Part XXIII


                                                                                                          Consumer Product Safety Commission
                                                                                                          Semiannual Regulatory Agenda
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                                                     40392                      Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda

                                                     CONSUMER PRODUCT SAFETY                                             businesses, small governmental                                      objectives and legal basis for each; an
                                                     COMMISSION                                                          organizations, and other small entities.                            approximate schedule of target dates,
                                                                                                                         Section 602 of the RFA (5 U.S.C. 602)                               subject to revision, for the development
                                                     16 CFR Ch. II                                                       requires each agency to publish, twice                              or completion of each activity; and the
                                                                                                                         each year, a regulatory flexibility agenda                          name and telephone number of a
                                                     Semiannual Regulatory Agenda                                        containing a brief description of the                               knowledgeable agency official
                                                     AGENCY:  U.S. Consumer Product Safety                               subject area of any rule expected to be                             concerning particular items on the
                                                     Commission.                                                         proposed or promulgated, which is                                   agenda.
                                                     ACTION: Semiannual regulatory agenda.
                                                                                                                         likely to have a ‘‘significant economic                                The Internet is the basic means
                                                                                                                         impact’’ on a ‘‘substantial number’’ of                             through which the Unified Agenda is
                                                     SUMMARY:    In this document, the                                   small entities. The agency must also                                disseminated. The complete Unified
                                                     Commission publishes its semiannual                                 provide a summary of the nature of the                              Agenda will be available online at:
                                                     regulatory flexibility agenda. In                                   rule and a schedule for acting on each                              www.reginfo.gov, in a format that offers
                                                     addition, this document includes an                                 rule for which the agency has issued a                              users the ability to obtain information
                                                     agenda of regulatory actions that the                               notice of proposed rulemaking.                                      from the Agenda database.
                                                     Commission expects to be under                                         The regulatory flexibility agenda also                              Because publication in the Federal
                                                     development or review by the agency                                 is required to contain the name and                                 Register is mandated for the regulatory
                                                     during the next year. This document                                 address of the agency official                                      flexibility agendas required by the
                                                     meets the requirements of the                                       knowledgeable about the items listed.                               Regulatory Flexibility Act (5 U.S.C.
                                                     Regulatory Flexibility Act and Executive                            Furthermore, agencies are required to                               602), the Commission’s printed agenda
                                                     Order 12866. The Commission                                         provide notice of their agendas to small                            entries include only:
                                                     welcomes comments on the agenda and                                 entities and to solicit their comments by                              (1) Rules that are in the agency’s
                                                     on the individual agenda entries.                                   direct notification or by inclusion in                              regulatory flexibility agenda, in
                                                     DATES: Comments should be received in                               publications likely to be obtained by                               accordance with the Regulatory
                                                     the Office of the Secretary on or before                            such entities.                                                      Flexibility Act because they are likely to
                                                     September 25, 2017.                                                    Additionally, Executive Order 12866                              have a significant economic impact on
                                                                                                                         requires each agency to publish, twice                              a substantial number of small entities;
                                                     ADDRESSES: Comments on the regulatory
                                                                                                                         each year, a regulatory agenda of                                   and
                                                     flexibility agenda should be captioned,
                                                                                                                         regulations under development or                                       (2) Rules that the agency has
                                                     ‘‘Regulatory Flexibility Agenda,’’ and
                                                                                                                         review during the next year, and the                                identified for periodic review under
                                                     submitted by email to cpsc-os@cpsc.gov.
                                                                                                                         executive order states that such an                                 section 610 of the Regulatory Flexibility
                                                     Comments may also be mailed or
                                                                                                                         agenda may be combined with the                                     Act.
                                                     delivered to the Office of the Secretary,
                                                                                                                         agenda published in accordance with                                    Printing of these entries is limited to
                                                     U.S. Consumer Product Safety
                                                                                                                         the RFA. The regulatory flexibility                                 fields that contain information required
                                                     Commission, Room 820, 4330 East West
                                                                                                                         agenda lists the regulatory activities                              by the Regulatory Flexibility Act’s
                                                     Highway, Bethesda, MD 20814–4408.
                                                                                                                         expected to be under development or                                 agenda requirements. Additional
                                                     FOR FURTHER INFORMATION CONTACT: For
                                                                                                                         review during the next 12 months. It                                information on these entries is available
                                                     further information on the agenda in                                includes all such activities, whether or
                                                     general, contact Charu Krishnan,                                                                                                        in the Unified Agenda published on the
                                                                                                                         not they may have a significant                                     Internet.
                                                     Directorate for Economic Analysis, U.S.                             economic impact on a substantial
                                                     Consumer Product Safety Commission,                                                                                                        The agenda reflects an assessment of
                                                                                                                         number of small entities. This agenda
                                                     4330 East West Highway, Bethesda, MD                                                                                                    the likelihood that the specified event
                                                                                                                         also includes regulatory activities that
                                                     20814–4408; ckrishnan@cpsc.gov. For                                                                                                     will occur during the next year; the
                                                                                                                         appeared in the fall 2016 agenda and
                                                     further information regarding a                                                                                                         precise dates for each rulemaking are
                                                                                                                         have been completed by the
                                                     particular item on the agenda, consult                                                                                                  uncertain. New information, changes of
                                                                                                                         Commission prior to publication of this
                                                     the individual listed in the column                                                                                                     circumstances, or changes in law may
                                                                                                                         agenda. Although CPSC, as an
                                                     headed ‘‘Contact’’ for that particular                                                                                                  alter anticipated timing. In addition, no
                                                                                                                         independent regulatory agency, is not
                                                     item.                                                                                                                                   final determination by staff or the
                                                                                                                         required to comply with Executive
                                                                                                                                                                                             Commission regarding the need for, or
                                                     SUPPLEMENTARY INFORMATION:    The                                   Orders, the Commission does follow
                                                                                                                                                                                             the substance of, any rule or regulation
                                                     Regulatory Flexibility Act (RFA) (5                                 Executive Order 12866 with respect to
                                                                                                                                                                                             should be inferred from this agenda.
                                                     U.S.C. 601 to 612) contains several                                 the publication of its regulatory agenda.
                                                     provisions intended to reduce                                          The agenda contains a brief                                      Todd A. Stevenson,
                                                     unnecessary and disproportionate                                    description and summary of each                                     Secretary, Consumer Product Safety
                                                     regulatory requirements on small                                    regulatory activity, including the                                  Commission.

                                                                                               CONSUMER PRODUCT SAFETY COMMISSION—PROPOSED RULE STAGE
                                                                                                                                                                                                                                       Regulation
                                                       Sequence No.                                                                                   Title                                                                           Identifier No.
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                                                     269 ....................   Regulatory Options for Table Saws .................................................................................................................      3041–AC31


                                                                                                    CONSUMER PRODUCT SAFETY COMMISSION—FINAL RULE STAGE
                                                                                                                                                                                                                                       Regulation
                                                       Sequence No.                                                                                   Title                                                                           Identifier No.

                                                     270 ....................   Determinations Regarding Third Party Testing of Phthalates In Four Specified Plastics ...............................                                    3041–AD59



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                                                                                Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda                                                                                        40393

                                                                                                   CONSUMER PRODUCT SAFETY COMMISSION—LONG-TERM ACTIONS
                                                                                                                                                                                                                                                  Regulation
                                                       Sequence No.                                                                                        Title                                                                                 Identifier No.

                                                     271 ....................   Flammability Standard for Upholstered Furniture ............................................................................................                        3041–AB35
                                                     272 ....................   Portable Generators .........................................................................................................................................       3041–AC36
                                                     273 ....................   Recreational Off-Road Vehicles .......................................................................................................................              3041–AC78


                                                                                                   CONSUMER PRODUCT SAFETY COMMISSION—COMPLETED ACTIONS
                                                                                                                                                                                                                                                  Regulation
                                                       Sequence No.                                                                                        Title                                                                                 Identifier No.

                                                     274 ....................   Standard for Sling Carriers ..............................................................................................................................          3041–AD28
                                                     275 ....................   Standard for Infant Bath Tubs .........................................................................................................................             3041–AD37
                                                     276 ....................   Rule Review of: Standard for the Flammability (Open Flame) of Mattress Sets (Completion of a Section                                                                3041–AD47
                                                                                  610 Review).



                                                     CONSUMER PRODUCT SAFETY                                                         Action                   Date               FR Cite             the Commission to seek opportunities to
                                                     COMMISSION (CPSC)                                                                                                                               reduce the cost of third party testing
                                                                                                                            Notice of Exten-                 12/02/11        76 FR 75504             requirements consistent with assuring
                                                     Proposed Rule Stage                                                      sion of Time for                                                       compliance with any applicable
                                                     269. Regulatory Options for Table Saws                                   Comments.
                                                                                                                                                                                                     children’s product safety rule. Staff
                                                                                                                            ANPRM Comment                    12/12/11
                                                                                                                              Period End.                                                            prepared for Commission consideration
                                                        Legal Authority: 5 U.S.C. 553(e); 15
                                                                                                                            Comment Period                   02/10/12                                a briefing package with a draft notice of
                                                     U.S.C. 2051
                                                                                                                              End.                                                                   proposed rulemaking (NPRM) regarding
                                                        Abstract: On July 11, 2006, the                                     Notice to Reopen                 02/15/12        77 FR 8751              third party testing of phthalates in four
                                                     Commission voted to grant a petition                                     Comment Pe-                                                            specified plastics. The Commission
                                                     requesting that the Commission issue a                                   riod.                                                                  approved the NPRM on August 9, 2016.
                                                     rule prescribing performance standards                                 Reopened Com-                    03/16/12
                                                                                                                              ment Period                                                            After reviewing submitted comments,
                                                     for a system to reduce or prevent                                                                                                               staff will prepare a final rule briefing
                                                     injuries from contacting the blade of a                                  End.
                                                                                                                            Staff Sent NPRM                  01/17/17                                package for Commission consideration.
                                                     table saw. The Commission also                                           Briefing Pack-
                                                     directed CPSC staff to prepare an                                                                                                                 Timetable:
                                                                                                                              age to Commis-
                                                     advance notice of proposed rulemaking                                    sion.
                                                     (ANPRM) initiating a rulemaking                                                                                                                          Action                   Date          FR Cite
                                                                                                                            Commission Deci-                 04/27/17
                                                     proceeding under the Consumer Product                                    sion.
                                                                                                                                                                                                     Staff Sends                      08/03/16
                                                     Safety Act (CPSA) to: (1) Identify the                                 NPRM ..................          05/12/17        82 FR 22190
                                                                                                                                                                                                       NPRM to the
                                                     risk of injury associated with table saw                               NPRM Comment                     07/26/17
                                                                                                                                                                                                       Commission.
                                                     blade-contact injuries; (2) summarize                                    Period End.
                                                                                                                                                                                                     Commission Deci-                 08/09/16
                                                     regulatory alternatives, and (3) invite                                                                                                           sion.
                                                     comments from the public. An ANPRM                                      Regulatory Flexibility Analysis
                                                                                                                                                                                                     NPRM Published                   08/17/16    81 FR 54754
                                                     was published on October 11, 2011. The                                Required: Yes.                                                              in the Federal
                                                     comment period ended on February 10,                                    Agency Contact: Caroleene Paul,                                           Register.
                                                     2012. Staff participated in the                                       Project Manager, Directorate for                                          NPRM Comment                     10/31/16
                                                     Underwriters Laboratories (UL) working                                Engineering Sciences, Consumer                                              Period End.
                                                     group development of performance                                      Product Safety Commission, National                                       Staff Sends Final                09/00/17
                                                     requirements for table saws, conducted                                Product Testing and Evaluation Center,                                      Rule Briefing
                                                     performance tests on sample table saws,                               5 Research Place, Rockville, MD 20850,                                      Package to
                                                                                                                           Phone: 301 987–2225, Email: cpaul@                                          Commission.
                                                     conducted survey work on blade guard
                                                     use, and evaluated comments to the                                    cpsc.gov.
                                                     ANPRM. Staff prepared a briefing                                        RIN: 3041–AC31                                                            Regulatory Flexibility Analysis
                                                     package with a notice of proposed                                                                                                               Required: Yes.
                                                     rulemaking (NPRM) and submitted the                                                                                                               Agency Contact: Randy Butturini,
                                                     package to the Commission on January                                  CONSUMER PRODUCT SAFETY                                                   Project Manager, Office of Hazard
                                                     17, 2017. The Commission voted to                                     COMMISSION (CPSC)                                                         Identification and Reduction, Consumer
                                                     publish the NPRM and the comment                                                                                                                Product Safety Commission, 4330 East
                                                     period for the NPRM is closing on July                                Final Rule Stage
                                                                                                                                                                                                     West Highway, Bethesda, MD 20814,
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                                                     26, 2017.                                                             270. Determinations Regarding Third                                       Phone: 301 504–7562, Email:
                                                        Timetable:                                                         Party Testing of Phthalates in Four                                       rbutturini@cpsc.gov.
                                                                                                                           Specified Plastics
                                                                                                                                                                                                       RIN: 3041–AD59
                                                             Action                  Date               FR Cite
                                                                                                                             Legal Authority: Sec 3, Pub. L. 110–
                                                     Commission Deci-              07/11/06                                314, 122 Stat. 3016; 15 U.S.C.
                                                       sion to Grant                                                       2063(d)(3)(B)
                                                       Petition.                                                             Abstract: Section 14(i)(3) of the
                                                     ANPRM ...............         10/11/11         76 FR 62678            Consumer Product Safety Act requires


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                                                     40394                   Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda

                                                     CONSUMER PRODUCT SAFETY                                        Action                 Date         FR Cite      regulatory options that could reduce
                                                     COMMISSION (CPSC)                                                                                               deaths and injuries related to portable
                                                                                                             Staff Sent Status         01/31/06                      generators, particularly those involving
                                                     Long-Term Actions                                         Report to Com-                                        carbon monoxide (CO) poisoning. The
                                                     271. Flammability Standard for                            mission.                                              ANPRM was published in the Federal
                                                                                                             Staff Sent Status         11/03/06
                                                     Upholstered Furniture                                                                                           Register on December 12, 2006. Staff
                                                                                                               Report to Com-
                                                                                                               mission.                                              reviewed public comments and
                                                       Legal Authority: 15 U.S.C. 1193; 5                                                                            conducted technical activities. In FY
                                                                                                             Staff Sent Status         12/28/06
                                                     U.S.C. 801                                                                                                      2006, staff awarded a contract to
                                                                                                               Report to Com-
                                                       Abstract: In October 2003, the                          mission.                                              develop a prototype generator engine
                                                     Commission issued an advance notice of                  Staff Sent Options        12/22/07                      with reduced CO in the exhaust. Also in
                                                     proposed rulemaking (ANPRM) to                            Package to                                            FY 2006, staff entered into an
                                                     address the risk of fire associated with                  Commission.                                           interagency agreement (IAG) with the
                                                     cigarette and small open-flame ignitions                Commission Deci-          12/27/07
                                                                                                               sion to Direct
                                                                                                                                                                     National Institute of Standards and
                                                     of upholstered furniture. The                             Staff to Prepare                                      Technology (NIST) to conduct tests with
                                                     Commission published a notice of                          Draft NPRM.                                           a generator, in both off-the-shelf and
                                                     proposed rulemaking (NPRM) in March                     Staff Sent Draft          01/22/08                      prototype configurations, operating in
                                                     2008, and received public comments.                       NPRM to Com-                                          the garage attached to NIST’s test house.
                                                     The Commission’s proposed rule would                      mission.                                              NIST’s test house, a double-wide
                                                     require that upholstered furniture have                 Commission Deci-          02/01/08                      manufactured home, is designed for
                                                     cigarette-resistant fabrics or cigarette-                 sion to Publish                                       conducting residential indoor air quality
                                                     and open flame-resistant barriers. The                    NPRM.
                                                                                                             NPRM ..................   03/04/08     73 FR 11702      (IAQ) studies, and the scenarios tested
                                                     proposed rule would not require flame-                                                                          are typical of those involving consumer
                                                                                                             NPRM Comment              05/19/08
                                                     resistant chemicals in fabrics or fillings.               Period End.                                           fatalities. These tests provide empirical
                                                     Since the Commission published the                      Staff Published           05/19/09                      data on CO accumulation in the garage
                                                     NPRM, CPSC staff has conducted testing                    NIST Report on                                        and infiltration into the house; staff
                                                     of upholstered furniture, using both full-                Standard Test                                         used these data to evaluate the efficacy
                                                     scale furniture and bench-scale models,                   Cigarettes.                                           of the prototype in reducing the risk of
                                                     as proposed in the NPRM. In FY 2016,                    Staff Publishes           09/14/12                      fatal or severe CO poisoning. Under this
                                                     staff was directed to prepare a briefing                  NIST Report on
                                                                                                                                                                     IAG, NIST also modeled the CO
                                                     package summarizing the feasibility of                    Standard Re-
                                                                                                               search Foam.                                          infiltration from the garage under a
                                                     adopting California’s Technical Bulletin                Notice of April 25        03/20/13     78 FR 17140      variety of other conditions, including
                                                     117–2013 (TB 117–2013) as a mandatory                     Public Meeting                                        different ambient conditions and longer
                                                     standard. Currently, staff is working                     and Request for                                       generator run times. In FY 2009, staff
                                                     with voluntary standards organizations,                   Comments.                                             entered into a second IAG with NIST
                                                     both ASTM and NFPA, and the                             Staff Holds Uphol-        04/25/13                      with the goal of developing CO emission
                                                     California Bureau of Electronic and                       stered Furniture                                      performance requirements for a possible
                                                     Appliance Repair, Home Furnishings                        Fire Safety                                           proposed regulation that would be
                                                     and Thermal Insulation (BEARHFTI) to                      Technology
                                                                                                               Meeting.
                                                                                                                                                                     based on health effects criteria. In 2011,
                                                     evaluate new provisions and improve                                                                             staff prepared a package containing staff
                                                                                                             Comment Period            07/01/13
                                                     the existing consensus standards related                  End.                                                  and contractor reports on the technology
                                                     to upholstered furniture flammability.                  Staff Sends Brief-        09/08/16                      demonstration of the low CO emission
                                                     Staff intends to prepare a package with                   ing Package to                                        prototype portable generator. This
                                                     options for Commission consideration                      Commission on                                         included, among other staff reports, a
                                                     that includes terminating rulemaking                      California’s                                          summary of the prototype development
                                                     and pursuing alternative approaches to                    TB117–2013.                                           and durability results, as well as end-of-
                                                     address the hazard.                                     Next Action Unde-                                       life emission test results performed on
                                                                                                               termined.
                                                       Timetable:                                                                                                    it by an independent emissions
                                                                                                               Regulatory Flexibility Analysis                       laboratory. Staff’s assessment of the
                                                            Action             Date           FR Cite        Required: Yes.                                          ability of the prototype to reduce the CO
                                                                                                               Agency Contact: Andrew Lock,                          poisoning hazard was also included. In
                                                     ANPRM ...............    06/15/94     59 FR 30735                                                               September 2012, staff released this
                                                     Commission               03/17/98     63 FR 13017       Project Manager, Directorate for
                                                                                                             Laboratory Sciences, Consumer Product                   package and solicited comments from
                                                       Hearing May 5
                                                                                                             Safety Commission, National Product                     stakeholders. In October 2016, staff
                                                       & 6, 1998 on
                                                       Possible Tox-                                         Testing and Evaluation Center, 5                        delivered a briefing package with a draft
                                                       icity of Flame-                                       Research Place, Rockville, MD 20850,                    notice of proposed rulemaking (NPRM)
                                                       Retardant                                             Phone: 301 987–2099, Email: alock@                      to the Commission. In November 2016,
                                                       Chemicals.                                            cpsc.gov.                                               the Commission voted to approve the
                                                     Meeting Notice ....      03/20/02     67 FR 12916         RIN: 3041–AB35                                        NPRM. The notice was published in the
                                                     Notice of Public         08/27/03     68 FR 51564                                                               Federal Register on November 21, 2016,
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                                                       Meeting.                                              272. Portable Generators                                with a comment period deadline of
                                                     Public Meeting ....      09/24/03                         Legal Authority: 15 U.S.C. 2051                       February 6, 2017. In December 2016, the
                                                     ANPRM ...............    10/23/03     68 FR 60629         Abstract: On December 5, 2006, the                    Commission voted to extend the
                                                     ANPRM Comment            12/22/03
                                                       Period End.
                                                                                                             Commission voted to issue an advance                    comment period until April 24, 2017 in
                                                     Staff Held Public        10/28/04                       notice of proposed rulemaking                           response to a request to extend the
                                                       Meeting.                                              (ANPRM) under the Consumer Product                      comment period an additional 75 days.
                                                     Staff Held Public        05/18/05                       Safety Act (CPSA) concerning portable                   The Commission held a public hearing
                                                       Meeting.                                              generators. The ANPRM discusses                         on March 8, 2017 to provide an


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                                                                               Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda                                             40395

                                                     opportunity for stakeholders to present                  advance notice of proposed rulemaking                        Action             Date        FR Cite
                                                     oral comments on the NPRM. Staff will                    (ANPRM) in the Federal Register. The
                                                     review the comments on the NPRM and                      ANPRM was published in the Federal                     Commission Deci-        10/21/09
                                                     begin to prepare a final rule briefing                   Register on October 28, 2009, and the                    sion.
                                                     package for Commission consideration.                    comment period ended December 28,                      ANPRM ...............   10/28/09   74 FR 55495
                                                       Timetable:                                             2009. The Commission received two                      ANPRM Comment           12/22/09   74 FR 67987
                                                                                                                                                                       Period Ex-
                                                                                                              letters requesting an extension of the                   tended.
                                                            Action               Date          FR Cite        comment period. The Commission                         Extended Com-           03/15/10
                                                                                                              extended the comment period until                        ment Period
                                                     Staff Sent                 07/06/06
                                                                                                              March 15, 2010. Staff conducted testing                  End.
                                                       ANPRM to
                                                       Commission.                                            and evaluation programs to develop                     Staff Sends             09/24/14
                                                     Staff Sent Supple-         10/12/06                      performance requirements addressing                      NPRM Briefing
                                                       mental Material                                        vehicle stability, vehicle handling, and                 Package to
                                                       to Commission.                                         occupant protection. On October 29,                      Commission.
                                                     Commission Deci-           10/26/06                      2014, the Commission voted to publish                  Staff Sends Sup-        10/17/14
                                                       sion.                                                                                                           plemental Infor-
                                                                                                              an NPRM proposing standards                              mation on
                                                     Staff Sent Draft           11/21/06                      addressing vehicle stability, vehicle
                                                       ANPRM to                                                                                                        ROVs to Com-
                                                                                                              handling, and occupant protection. The                   mission.
                                                       Commission.
                                                                                                              NPRM was published in the Federal                      Commission Deci-        10/29/14
                                                     ANPRM ...............      12/12/06    71 FR 74472
                                                     ANPRM Comment              02/12/07                      Register on November 19, 2014. On                        sion.
                                                       Period End.                                            January 23, 2015, the Commission                       NPRM Published          11/19/14   79 FR 68964
                                                     Staff Releases             10/10/12                      published a notice of extension of the                   in Federal Reg-
                                                       Research Re-                                           comment period for the NPRM,                             ister.
                                                       port for Com-                                          extending the comment period to April                  NPRM Comment            01/23/15   80 FR 3535
                                                       ment.                                                                                                           Period Ex-
                                                                                                              8, 2015. The Omnibus Appropriations                      tended.
                                                     Staff Sends                10/05/16                      Bill provides that during fiscal year
                                                       NPRM Briefing                                                                                                 Extended Com-           04/08/15
                                                                                                              2016, none of the amounts made                           ment Period
                                                       Package to
                                                                                                              available by the Appropriations Bill                     End.
                                                       Commission.
                                                     NPRM ..................    11/21/16    81 FR 83556       may be used to finalize or implement                   Staff Sends Brief-      11/22/16
                                                     Public Hearing for         03/08/17    82 FR 8907        the Safety Standard for Recreational Off-                ing Package
                                                       Oral Comments.                                         Highway Vehicles published by the                        Assessing Vol-
                                                     NPRM Comment               04/24/17                      CPSC in the Federal Register on                          untary Stand-
                                                       Period End.                                            November 19, 2014 (79 FR 68964) (ROV                     ards to Com-
                                                     Staff Sends Draft          09/00/18                                                                               mission.
                                                                                                              NPRM) until after the National                         Commission Deci-        01/25/17
                                                       Final Rule to                                          Academy of Sciences completes a study
                                                       Commission.                                                                                                     sion Not to Ter-
                                                                                                              to determine specific information as set                 minate.
                                                                                                              forth in the Appropriations Bill. Staff
                                                       Regulatory Flexibility Analysis                        ceased work on a Final Rule briefing                   Staff is Evaluating       To Be Determined
                                                     Required: Yes.                                           package in FY 15 and instead engaged                     Voluntary
                                                       Agency Contact: Janet L. Buyer,                                                                                 Standards.
                                                                                                              the Recreational Off-Highway Vehicle
                                                     Project Manager, Directorate for
                                                                                                              Association (ROHVA) and Outdoor
                                                     Engineering Sciences, Consumer                                                                                    Regulatory Flexibility Analysis
                                                                                                              Power Equipment Institute (OPEI) in the
                                                     Product Safety Commission, National                                                                             Required: Yes.
                                                                                                              development of voluntary standards for
                                                     Product Testing and Evaluation Center,                                                                            Agency Contact: Caroleene Paul,
                                                                                                              ROVs. Staff conducted dynamic and
                                                     5 Research Place, Rockville, MD 20850,                                                                          Project Manager, Directorate for
                                                                                                              static tests on ROVs, shared test results
                                                     Phone: 301 987–2293, Email: jbuyer@                                                                             Engineering Sciences, Consumer
                                                                                                              with ROHVA and OPEI, and
                                                     cpsc.gov.                                                                                                       Product Safety Commission, National
                                                       RIN: 3041–AC36                                         participated in the development of
                                                                                                                                                                     Product Testing and Evaluation Center,
                                                                                                              revised voluntary standards to address
                                                     273. Recreational Off-Road Vehicles                                                                             5 Research Place, Rockville, MD 20850,
                                                                                                              staff’s concerns with vehicle stability,
                                                                                                                                                                     Phone: 301 987–2225, Email: cpaul@
                                                        Legal Authority: 15 U.S.C. 2056; 15                   vehicle handling, and occupant
                                                                                                                                                                     cpsc.gov.
                                                     U.S.C. 2058                                              protection. The voluntary standards for
                                                                                                                                                                       RIN: 3041–AC78
                                                        Abstract: The Commission is                           ROVs were revised and published in
                                                     considering whether recreational off-                    2016 (ANSI/ROHVA 1–2016 and ANSI/
                                                     road vehicles (ROVs) present an                          OPEI B71.9–2016). Staff assessed the
                                                     unreasonable risk of injury that should                  new voluntary standard requirements                    CONSUMER PRODUCT SAFETY
                                                     be regulated. ROVs are motorized                         and prepared a termination of                          COMMISSION (CPSC)
                                                     vehicles having four or more low-                        rulemaking briefing package that was
                                                                                                                                                                     Completed Actions
                                                     pressure tires designed for off-road use                 submitted to the Commission on
                                                     and intended by the manufacturer                         November 22, 2016. The Commission                      274. Standard for Sling Carriers
                                                     primarily for recreational use by one or                 voted not to terminate the rulemaking                    Legal Authority: Pub. L. 110–314, sec.
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                                                     more persons. The salient                                associated with ROVs.                                  104
                                                     characteristics of an ROV include a                         Timetable:                                            Abstract: Section 104 of the Consumer
                                                     steering wheel for steering control, foot                                                                       Product Safety Improvement Act of
                                                                                                                     Action                Date         FR Cite
                                                     controls for throttle and braking, bench                                                                        2008 (CPSIA) requires the Commission
                                                     or bucket seats, a roll-over protective                  Staff Sends              10/07/09                      to issue consumer product safety
                                                     structure, and a maximum speed greater                     ANPRM Brief-                                         standards for durable infant or toddler
                                                     than 30 mph. On October 21, 2009, the                      ing Package to                                       products. The Commission is directed to
                                                     Commission voted to publish an                             Commission.                                          assess the effectiveness of applicable


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                                                     40396                     Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda

                                                     voluntary standards, and in accordance                       Abstract: Section 104 of the Consumer                Phone: 301 987–2547, Email: ckish@
                                                     with the Administrative Procedure Act,                    Product Safety Improvement Act of                       cpsc.gov.
                                                     promulgate consumer product safety                        2008 (CPSIA) requires the Commission                      RIN: 3041–AD37
                                                     standards that are substantially the same                 to issue consumer product safety
                                                     as the voluntary standard, or more                        standards for durable infant or toddler                 276. Rule Review of: Standard for the
                                                     stringent than the voluntary standard if                  products. The Commission is directed to                 Flammability (Open Flame) of Mattress
                                                     the Commission determines that more                       assess the effectiveness of applicable                  Sets (Completion of a Section 610
                                                     stringent standards would further                         voluntary standards and, in accordance                  Review)
                                                     reduce the risk of injury associated with                 with the Administrative Procedure Act,
                                                     the product. The CPSIA requires that                      promulgate consumer product safety                        Legal Authority: 5 U.S.C. 1193,
                                                     not later than August 14, 2009, the                       standards that are substantially the same               Flammable Fabrics Act; 5 U.S.C. 610,
                                                     Commission begin rulemaking for at                        as the voluntary standard or more                       Regulatory Flexibility Act
                                                     least two categories of durable infant or                 stringent than the voluntary standard if                  Abstract: The Commission published
                                                     toddler products and promulgate two                       the Commission determines that more                     the Standard for the Flammability
                                                     such standards every six months                           stringent standards would further                       (Open Flame) of Mattress Sets in March
                                                     thereafter. The Commission proposed a                     reduce the risk of injury associated with               2006. The Standard sets open flame
                                                     consumer product safety standard for                      the product. The CPSIA requires that                    performance measures on all mattress
                                                     infant sling carriers as part of this series              not later than August 14, 2009, the                     sets entered into commerce on or after
                                                     of standards for durable infant and                       Commission begin rulemaking for at                      the effective date in July 2007. The
                                                     toddler products. On June 13, 2014, staff                 least two categories of durable infant or               purpose of the rule review is to assess
                                                     sent an NPRM briefing package to the                      toddler products and promulgate two
                                                                                                                                                                       the impact of the rule on small entities
                                                     Commission. The Commission voted to                       such standards every 6 months
                                                                                                                                                                       and to determine whether the rule
                                                     approve publication of the NPRM in the                    thereafter. The Commission proposed a
                                                                                                                                                                       should be continued without change, or
                                                     Federal Register. The NPRM was                            consumer product safety standard for
                                                                                                               infant baths as part of this series of                  should be amended or rescinded to
                                                     published in the Federal Register on                                                                              make the rule more effective or less
                                                     July 23, 2014. Following review of the                    standards for durable infant and toddler
                                                                                                               products. Staff submitted an NPRM                       burdensome while still maintaining
                                                     comments, staff prepared a Final Rule                                                                             safety objectives. CPSC staff solicited
                                                     briefing package for the Commission’s                     briefing package for Commission
                                                                                                               consideration on July 31, 2015. The                     comments on the rule through a Federal
                                                     consideration. On January 11, 2017, the                                                                           Register Notice. Staff also conducted
                                                     Commission voted to publish a Final                       Commission approved publication of
                                                                                                               the draft NPRM in the Federal Register,                 economic and fire loss data analyses to
                                                     Rule. The Final Rule was published in
                                                                                                               and the NPRM was published on August                    review the impact and effectiveness of
                                                     the Federal Register on January 30,
                                                                                                               14, 2015. Staff submitted a Final Rule                  the rule. Staff submitted a briefing
                                                     2017 (82 FR 8671).
                                                                                                               briefing package to the Commission on                   package to the Commission on
                                                        Timetable:                                                                                                     November 9, 2016. A Notice of
                                                                                                               March 15, 2017 for consideration. On
                                                            Action               Date           FR Cite        March 24, 2017, the Commission voted                    Availability of the rule review was
                                                                                                               to approve publication of the final rule.               published in the Federal Register on
                                                     Staff Sends                06/13/14                       The Final Rule was published on March                   December 19, 2016.
                                                       NPRM Briefing                                           30, 2017, and becomes effective on                        Timetable:
                                                       Package to the                                          October 2, 2017.
                                                       Commission.                                                Timetable:                                                 Action              Date        FR Cite
                                                     Commission Deci-           07/09/14
                                                       sion to Publish                                                Action                 Date         FR Cite      Notice for Com-          04/03/15   80 FR 18218
                                                       NPRM.
                                                                                                                                                                         ment Published
                                                     NPRM ..................    07/23/14     79 FR 42724       Staff Sends               07/22/15                        in the Federal
                                                     NPRM Comment               10/06/14                         NPRM Briefing                                           Register.
                                                       Period End.                                               Package to
                                                     Staff Sent Final           12/21/16                                                                               Comment Period           06/02/15
                                                                                                                 Commission.                                             End.
                                                       Rule Briefing                                           Commission Deci-          07/31/15
                                                       Package to                                                                                                      Staff Sends Brief-       11/09/16
                                                                                                                 sion.
                                                       Commission.                                                                                                       ing Package to
                                                                                                               NPRM ..................   08/14/15     80 FR 48769
                                                     Commission Deci-           01/11/17                                                                                 Commission.
                                                                                                               NPRM Comment              10/28/15
                                                       sion to Publish                                           Period End.                                           Notice of Avail-         12/19/16   81 FR 91923
                                                       Final Rule.                                             Staff Sent Final          03/15/17                        ability Published
                                                     Final Rule ............    01/30/17     82 FR 8671          Rule Briefing                                           in the Federal
                                                                                                                 Package to                                              Register.
                                                       Regulatory Flexibility Analysis                           Commission.
                                                     Required: Yes.                                            Commission Deci-          03/24/17                        Regulatory Flexibility Analysis
                                                                                                                 sion.                                                 Required: No.
                                                       Agency Contact: Alice Thaler, Project
                                                                                                               Final Rule ............   03/30/17     82 FR 15615
                                                     Manager, Directorate for Engineering                      Final Rule Effec-         10/02/17                        Agency Contact: Lisa Scott, Project
                                                     Sciences, Consumer Product Safety                           tive.                                                 Manager, Directorate for Laboratory
                                                     Commission, National Product Testing
mstockstill on DSK30JT082PROD with PROPOSAL23




                                                                                                                                                                       Sciences, Consumer Product Safety
                                                     and Evaluation Center, 5 Research                           Regulatory Flexibility Analysis                       Commission, National Product Testing
                                                     Place, Rockville, MD 20850, Phone: 301                    Required: Yes.                                          and Evaluation Center, 5 Research
                                                     987–2240, Email: athaler@cpsc.gov.                          Agency Contact: Celestine Kish,                       Place, Rockville, MD 20850, Phone: 301
                                                       RIN: 3041–AD28                                          Project Manager, Directorate for                        987–2064, Email: lscott@cpsc.gov.
                                                                                                               Engineering Sciences, Consumer
                                                     275. Standard for Infant Bath Tubs                                                                                  RIN: 3041–AD47
                                                                                                               Product Safety Commission, National
                                                       Legal Authority: Pub. L. 110–314 sec.                   Product Testing and Evaluation Center,                  [FR Doc. 2017–16982 Filed 8–23–17; 8:45 am]
                                                     104                                                       5 Research Place, Rockville, MD 20850,                  BILLING CODE 6355–01–P




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Document Created: 2018-10-24 12:39:09
Document Modified: 2018-10-24 12:39:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionUnknown Section
ActionSemiannual regulatory agenda.
DatesComments should be received in the Office of the Secretary on or before September 25, 2017.
ContactFor further information on the agenda in general, contact Charu Krishnan, Directorate for Economic Analysis, 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 Citation82 FR 40391 

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