83 FR 5056 - Amendments to Fireworks Regulations; Notice of Opportunity for Oral Presentation of Comments

CONSUMER PRODUCT SAFETY COMMISSION

Federal Register Volume 83, Issue 24 (February 5, 2018)

Page Range		5056-5057
FR Document		2018-02258

The Consumer Product Safety Commission (Commission or CPSC) will be holding a meeting to provide interested parties with an opportunity to present oral comments on the notice of proposed rulemaking (NPR) the Commission issued regarding amendments to the fireworks regulations. Any oral comments will be part of the rulemaking record.

Federal Register, Volume 83 Issue 24 (Monday, February 5, 2018)

[Federal Register Volume 83, Number 24 (Monday, February 5, 2018)]
[Proposed Rules]
[Pages 5056-5057]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02258]


=======================================================================
-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1500 and 1507

[Docket No. CPSC-2006-0034]


Amendments to Fireworks Regulations; Notice of Opportunity for 
Oral Presentation of Comments

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of proposed rulemaking; opportunity for oral 
presentation of comments.

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

SUMMARY: The Consumer Product Safety Commission (Commission or CPSC) 
will be holding a meeting to provide interested parties with an 
opportunity to present oral comments on the notice of

[[Page 5057]]

proposed rulemaking (NPR) the Commission issued regarding amendments to 
the fireworks regulations. Any oral comments will be part of the 
rulemaking record.

DATES: The meeting will begin at 10 a.m. Eastern Standard Time (EST) on 
March 7, 2018. The Office of the Secretary must receive requests to 
make oral presentations, along with the written text of the oral 
presentations, no later than 5 p.m. EST on February 28, 2018.

ADDRESSES: The meeting will be in the Hearing Room, on the 4th Floor of 
the Bethesda Towers Building, 4330 East-West Highway, Bethesda, MD 
20814. Submit requests to make oral presentations and the written text 
of oral presentations to the Office of the Secretary, with the caption, 
``Fireworks NPR; Oral Presentation,'' by email to [email protected], or 
by mail to the Office of the Secretary, Consumer Product Safety 
Commission, 4330 East-West Highway, Bethesda, MD 20814.

FOR FURTHER INFORMATION CONTACT: For information about the subject 
matter of this meeting, contact Rodney Valliere, Project Manager, 
Directorate for Laboratory Sciences, Consumer Product Safety 
Commission, 5 Research Place, Rockville, MD 20850; telephone: (301) 
987-2526. For information about the procedure to make an oral 
presentation, contact Rockelle Hammond, Office of the Secretary, 
Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, 
MD 20814; telephone: (301) 504-7923.

SUPPLEMENTARY INFORMATION: 

I. Background

    On February 2, 2017, the Commission published an NPR in the Federal 
Register, proposing to amend its fireworks regulations under the 
Federal Hazardous Substances Act (FHSA; 15 U.S.C. 1261-1278), and 
seeking written comments. 82 FR 9012. The NPR proposed amendments that 
would create new requirements for fireworks devices, as well as modify 
or clarify existing requirements. On April 14, 2017, the Commission 
published a notice extending the comment period for the NPR to July 17, 
2017. 82 FR 17947. The NPR is available at: https://www.thefederalregister.org/fdsys/pkg/FR-2017-02-02/pdf/2017-02014.pdf and Commission staff's briefing 
package for the NPR is available at: https://www.cpsc.gov/s3fs-public/ProposedRuleAmendmentstoFireworksRegulations.pdf.
    In the Request for Comments section of the NPR (82 FR 9029), the 
Commission sought information on specific topics, in addition to 
requesting comments on all aspects of the proposed rule. Comments on 
the topics listed in the NPR would be helpful at the public hearing. In 
particular, the Commission would find information and data on the 
following topics useful:
     The public safety need for the proposed chemical 
composition and pyrotechnic weight limits for ground devices;
     the public safety need for prohibiting hexachlorobenzene 
and lead tetroxide and other lead compounds in fireworks devices;
     the public safety need for the proposed test method to 
evaluate side ignition and the appropriateness of the proposed 
ignition-resistance period;
     the public safety need for the proposed ban of fireworks 
devices that project fragments when functioning; and
     the appropriate trace contamination allowance levels for 
prohibited chemicals.

II. The Public Meeting

    Under the FHSA and the Administrative Procedure Act (5 U.S.C. 551-
562), the Commission must provide interested parties with an 
opportunity to submit ``written data, views, or arguments'' regarding a 
proposed rule. 5 U.S.C. 553(c). Neither statute requires the Commission 
to provide an opportunity for oral comments about a rulemaking, but the 
Commission is providing this forum to give interested parties an 
additional opportunity to comment on the NPR.
    To request the opportunity to make an oral presentation, see the 
information under the DATES and ADDRESSES sections of this notice. 
Participants should limit their presentations to approximately 10 
minutes, excluding time for questioning by the Commissioners or CPSC 
staff. To avoid duplicate presentations, groups should designate a 
spokesperson, and the Commission reserves the right to limit 
presentation times or impose further restrictions, as necessary.

Alberta E. Mills,
Acting Secretary, Consumer Product Safety Commission.
[FR Doc. 2018-02258 Filed 2-2-18; 8:45 am]
 BILLING CODE 6355-01-P

5056 Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Proposed Rules

adjudication process, and if so how its processes related to administrative 8. 12 CFR 1081.210(b)’s limitation on
processes and Rules could be updated, adjudications that may be deserving of the number of expert witnesses any
streamlined, or revised to better achieve more immediate focus. This non- party may call at a hearing, absent
the Bureau’s statutory objectives; to exhaustive list is meant to assist in the ‘‘extraordinary circumstances’’;
minimize burdens, impacts, or costs on formulation of comments and is not 9. 12 CFR 1081.210(c)’s requirements
parties subject to these proceedings; to intended to restrict the issues that may for expert reports, including whether
align the Bureau’s administrative be addressed. In addressing these that paragraph should expressly
adjudication Rules more closely with questions or others, the Bureau requests incorporate the requirements of the
those of other agencies; and to better that commenters identify with Federal Rules of Civil Procedure relating
provide fair and efficient process to specificity the Bureau regulations or to the required disclosures of expert
individuals and entities involved in the practices at issue, providing legal witnesses;
adjudication process, including citations where appropriate and 10. 12 CFR 1081.212(e)’s instruction
ensuring that they have a full and fair available. Please feel free to comment on that extensions of the length limitation
opportunity to present evidence and some or all of the questions below, but for motions for summary disposition are
arguments relevant to the proceeding. please be sure to indicate on which area disfavored;
Interested parties may also be well- you are commenting. 11. 12 CFR 1081.303(b)’s rules
positioned to identify those parts of the The Bureau is seeking feedback on all pertaining to admissible evidence in
Bureau’s administrative adjudication aspects of its administrative administrative adjudications, including:
processes and Rules that they believe adjudication process, including but not a. Whether, in general, the Bureau
may be most in need of improvement, limited to: should expressly adopt the Federal
and, thus, assist the Bureau in 1. Whether, as a matter of policy, the Rules of Evidence; and
prioritizing and properly tailoring its Bureau should pursue contested matters b. whether, if the Bureau does not
process for reviewing its processes and only in Federal court rather than expressly adopt the Federal Rules of
Rules. In short, engaging members of the through the administrative adjudication Evidence, the acceptance of prior
public in an open, transparent process process; testimony hearsay evidence pursuant to
will help inform the Bureau’s review of 2. The Rules’ protection of the rights 12 CFR 1081.303(b)(3) should comply
its processes related to administrative and interests of third parties; with the requirements of Federal Rule of
adjudications. 3. 12 CFR 1081.200(b)’s requirements Evidence 804(b)(1);
for the contents of the Bureau’s notice 12. The Rules’ lack of authorization
Questions for Commenters
of charges; for parties to conduct certain discovery,
To allow the Bureau to more 4. The policy, expressed in 12 CFR including deposing fact witnesses or
effectively evaluate suggestions, the 1081.101 for administrative serving interrogatories; and
Bureau requests that, where possible, adjudication proceedings to be 13. Whether respondents should be
comments include: conducted expeditiously, including: afforded the opportunity to stay a
• Specific discussion of the positive a. 12 CFR 1081.201(a)’s requirement decision of the Director pending appeal
and negative aspects of the Bureau’s that respondents file an answer to a by filing a supersedeas bond, consistent
administrative adjudication processes, notice of charges within 14 days; with Federal Rule of Civil Procedure
including whether a policy of b. 12 CFR 1081.115(b)’s requirement 62(d).
proceeding in Federal court in all that the hearing officer in administrative
Authority: 12 U.S.C. 5511(c).
instances would be preferable; adjudications strongly disfavor motions
• Specific suggestions regarding any for extensions of time except upon a Dated: January 30, 2018.
potential updates or modifications to showing of substantial prejudice; Mick Mulvaney,
the Bureau’s administrative c. 12 CFR 1081.212(h)’s requirement Acting Director, Bureau of Consumer
adjudication processes, including the that the hearing officer decide any Financial Protection.
Bureau’s Rules, consistent with the motion for summary disposition within [FR Doc. 2018–02208 Filed 2–2–18; 8:45 am]
Bureau’s statutory purposes and 30 days; and BILLING CODE 4810–AM–P
objectives, and including, in as much d. the Bureau’s implementation of the
detail as possible, the potential update requirement in 12 U.S.C. 5563(b)(1)(B)
or modification, supporting data or that hearings take place within 30 to 60 CONSUMER PRODUCT SAFETY
other information on impacts and costs, days of the notice of charges, unless the COMMISSION
or information concerning alignment respondent seeks an extension of that
with the processes of other agencies; time period; 16 CFR Parts 1500 and 1507
and 5. 12 CFR 1081.206’s requirements
• Specific identification of any that the Bureau make documents [Docket No. CPSC–2006–0034]
aspects of the Bureau’s administrative available for copying or inspection,
Amendments to Fireworks
adjudication processes, including the including whether the Bureau should
Regulations; Notice of Opportunity for
Bureau’s Rules, that should not be produce those documents in electronic
Oral Presentation of Comments
modified, consistent with the Bureau’s form to respondents in the first instance,
statutory purposes and objectives, and at the Bureau’s expense; AGENCY: Consumer Product Safety
including, in as much detail as possible, 6. 12 CFR 1081.208’s requirements for Commission.
supporting data or other information on issuing subpoenas, and whether counsel ACTION: Notice of proposed rulemaking;
nshattuck on DSK9F9SC42PROD with PROPOSALS

impacts and costs, information related for a party should be entitled to issue opportunity for oral presentation of
to consumer and public benefit resulting subpoenas without leave of the hearing comments.
from these processes, or information officer;
concerning alignment with the 7. 12 CFR 1081.209(g)(3)’s provision SUMMARY: The Consumer Product Safety
processes of other agencies. that failure to object to a question or Commission (Commission or CPSC) will
The following list of general areas document at a deposition is, with some be holding a meeting to provide
represents a preliminary attempt by the exception, not deemed a waiver of the interested parties with an opportunity to
Bureau to identify elements of Bureau objection; present oral comments on the notice of

VerDate Sep<11>2014 15:17 Feb 02, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\05FEP1.SGM 05FEP1

Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Proposed Rules 5057

proposed rulemaking (NPR) the Commission sought information on FEDERAL COMMUNICATIONS
Commission issued regarding specific topics, in addition to requesting COMMISSION
amendments to the fireworks comments on all aspects of the proposed
regulations. Any oral comments will be rule. Comments on the topics listed in 47 CFR Parts 2 and 25
part of the rulemaking record. the NPR would be helpful at the public [IB Docket No. 16–408; Report No. 3084]
DATES: The meeting will begin at 10 a.m. hearing. In particular, the Commission
Eastern Standard Time (EST) on March would find information and data on the Petitions for Reconsideration of Action
7, 2018. The Office of the Secretary following topics useful: in Rulemaking Proceeding
must receive requests to make oral • The public safety need for the
presentations, along with the written AGENCY: Federal Communications
proposed chemical composition and Commission.
text of the oral presentations, no later
pyrotechnic weight limits for ground
than 5 p.m. EST on February 28, 2018. ACTION: Petitions for reconsideration.
devices;
ADDRESSES: The meeting will be in the
Hearing Room, on the 4th Floor of the • the public safety need for SUMMARY: Petitions for Reconsideration
Bethesda Towers Building, 4330 East- prohibiting hexachlorobenzene and lead (Petitions) have been filed in the
West Highway, Bethesda, MD 20814. tetroxide and other lead compounds in Commission’s rulemaking proceeding
Submit requests to make oral fireworks devices; by Joseph A. Godles, on behalf of
Iridium Constellation LLC et al., Brian
presentations and the written text of • the public safety need for the D. Weimer, on behalf of WorldVu
oral presentations to the Office of the proposed test method to evaluate side
Secretary, with the caption, ‘‘Fireworks Satellites Limited, and John P. Janka, on
ignition and the appropriateness of the behalf of Viasat, Inc.
NPR; Oral Presentation,’’ by email to proposed ignition-resistance period;
cpsc-os@cpsc.gov, or by mail to the DATES: Oppositions to the Petitions
Office of the Secretary, Consumer • the public safety need for the must be filed on or before February 20,
Product Safety Commission, 4330 East- proposed ban of fireworks devices that 2018. Replies to an opposition must be
West Highway, Bethesda, MD 20814. project fragments when functioning; and filed on or before March 2, 2018.
FOR FURTHER INFORMATION CONTACT: For • the appropriate trace contamination ADDRESSES: Federal Communications
information about the subject matter of allowance levels for prohibited Commission, 445 12th Street SW,
this meeting, contact Rodney Valliere, chemicals. Washington, DC 20554.
Project Manager, Directorate for FOR FURTHER INFORMATION CONTACT: Clay
II. The Public Meeting
Laboratory Sciences, Consumer Product DeCell, 202–418–0803, Clay.DeCell@
Safety Commission, 5 Research Place, Under the FHSA and the fcc.gov.
Rockville, MD 20850; telephone: (301) Administrative Procedure Act (5 U.S.C. SUPPLEMENTARY INFORMATION: This is a
987–2526. For information about the 551–562), the Commission must provide summary of the Commission’s
procedure to make an oral presentation, interested parties with an opportunity to document, Report No. 3084, released
contact Rockelle Hammond, Office of submit ‘‘written data, views, or January 26, 2018. The full text of the
the Secretary, Consumer Product Safety arguments’’ regarding a proposed rule. 5 Petitions is available for viewing and
Commission, 4330 East-West Highway, copying at the FCC Reference
U.S.C. 553(c). Neither statute requires
Bethesda, MD 20814; telephone: (301) Information Center, 445 12th Street SW,
the Commission to provide an
504–7923. Room CY–A257, Washington, DC 20554.
opportunity for oral comments about a
SUPPLEMENTARY INFORMATION: They also may be accessed online via
rulemaking, but the Commission is
I. Background providing this forum to give interested the Commission’s Electronic Comment
parties an additional opportunity to Filing System at: http://apps.fcc.gov/
On February 2, 2017, the Commission ecfs/. The Commission will not send a
published an NPR in the Federal comment on the NPR.
Congressional Review Act (CRA)
Register, proposing to amend its To request the opportunity to make an submission to Congress or the
fireworks regulations under the Federal oral presentation, see the information Government Accountability Office
Hazardous Substances Act (FHSA; 15 under the DATES and ADDRESSES sections pursuant to the CRA, 5 U.S.C. because
U.S.C. 1261–1278), and seeking written of this notice. Participants should limit no rules are being adopted by the
comments. 82 FR 9012. The NPR their presentations to approximately 10 Commission.
proposed amendments that would minutes, excluding time for questioning Subject: Update to Parts 2 and 25
create new requirements for fireworks by the Commissioners or CPSC staff. To Concerning Non-Geostationary, Fixed-
devices, as well as modify or clarify avoid duplicate presentations, groups Satellite Service Systems and Related
existing requirements. On April 14, should designate a spokesperson, and Matters, FCC 17–122, published at 82
2017, the Commission published a the Commission reserves the right to FR 59972, December 18, 2017. This
notice extending the comment period limit presentation times or impose document is being published pursuant
for the NPR to July 17, 2017. 82 FR further restrictions, as necessary. to 47 CFR 1.429(e). See also 47 CFR
17947. The NPR is available at: https:// 1.4(b)(1) and 1.429(f), (g).
www.gpo.gov/fdsys/pkg/FR-2017-02-02/ Alberta E. Mills, Number of Petitions Filed: 3.
pdf/2017-02014.pdf and Commission Acting Secretary, Consumer Product Safety
staff’s briefing package for the NPR is Federal Communications Commission.
nshattuck on DSK9F9SC42PROD with PROPOSALS

Commission.
available at: https://www.cpsc.gov/s3fs- Marlene H. Dortch,
[FR Doc. 2018–02258 Filed 2–2–18; 8:45 am]
public/ProposedRuleAmendments Office of the Secretary, Office of Managing
BILLING CODE 6355–01–P
toFireworksRegulations.pdf. Director.
In the Request for Comments section [FR Doc. 2018–02195 Filed 2–2–18; 8:45 am]
of the NPR (82 FR 9029), the BILLING CODE 6712–01–P

VerDate Sep<11>2014 15:17 Feb 02, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4702 Sfmt 9990 E:\FR\FM\05FEP1.SGM 05FEP1

Document Created: 2018-02-03 01:25:05
Document Modified: 2018-02-03 01:25:05

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking; opportunity for oral presentation of comments.
Dates		The meeting will begin at 10 a.m. Eastern Standard Time (EST) on March 7, 2018. The Office of the Secretary must receive requests to make oral presentations, along with the written text of the oral presentations, no later than 5 p.m. EST on February 28, 2018.
Contact		For information about the subject matter of this meeting, contact Rodney Valliere, Project Manager, Directorate for Laboratory Sciences, Consumer Product Safety Commission, 5 Research Place, Rockville, MD 20850; telephone: (301) 987-2526. For information about the procedure to make an oral presentation, contact Rockelle Hammond, Office of the Secretary, Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; telephone: (301) 504-7923.
FR Citation		83 FR 5056
CFR Citation		16 CFR 1500 16 CFR 1507