[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Proposed Rules]
[Pages 40150-40153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15500]





[[Page 40149]]



Vol. 76



Thursday,



No. 130



July 7, 2011



Part XVIII











Consumer Product Safety Commission











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Semiannual Regulatory Agenda



  Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / 

Unified Agenda  



[[Page 40150]]





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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.



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SUMMARY: In this document, the Commission publishes its semiannual 

regulatory flexibility agenda. In addition, this document includes an 

agenda of regulatory actions 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.



DATES: The Commission welcomes comments on each subject area of the 

agenda, particularly from small businesses, small organizations, and 

other small entities. Written comments concerning the agenda should be 

received in the Office of the Secretary by July 20, 2011.



ADDRESSES: Comments on the regulatory flexibility agenda should be 

captioned ``Regulatory Flexibility Agenda'' and be e-mailed to [email protected] or filed by fax to (301) 504-0127. Comments may also be 

mailed or delivered to the Office of the Secretary, U.S. Consumer 

Product Safety Commission, Room 502, 4330 East West Highway, Bethesda, 

MD 20814-4408.



FOR FURTHER INFORMATION CONTACT: For further information on the agenda 

in general, contact Mary T. Boyle, Office of the General Counsel, U.S. 

Consumer Product Safety Commission, 4330 East West Highway, Bethesda, 

MD 20814-4408; [email protected]. For further information regarding a 

particular item on the agenda, consult the individual listed in the 

column headed ``Contact'' for that particular item.



SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 to 612) contains several provisions intended to reduce 

unnecessary and disproportionate regulatory requirements on small 

businesses, small governmental organizations, and other small entities. 

Section 602 of the RFA (5 U.S.C. 602) requires each agency to publish 

twice each year a regulatory flexibility agenda containing a brief 

description of the subject area of any rule expected to be proposed or 

promulgated that is likely to have a ``significant economic impact'' on 

a ``substantial number'' of small entities. The agency must also 

provide a summary of the nature of the rule and a schedule for acting 

on each rule for which the agency has issued a notice of proposed 

rulemaking.

    The regulatory flexibility agenda is also required to contain the 

name and address of the agency official knowledgeable about the items 

listed. Further, 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 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 

September 2010 agenda and have been completed by the Commission prior 

to publication of this 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. All agency contacts have the same address: U.S. Consumer 

Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814-

4408.

    Beginning in fall 2007, the Internet became the basic means for 

dissemination of the Unified Agenda. The complete Unified Agenda will 

be available online at www.reginfo.gov, in a format that offers users a 

greatly enhanced 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) Any 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.



    Dated: February 25, 2011.

Todd A. Stevenson,

Secretary, Consumer Product Safety Commission.



          Consumer Product Safety Commission--Completed Actions

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                                                           Regulation

       Sequence No.                    Title             Identifier No.

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328.......................  Options To Address Crib            3041-AC57

                             Safety Hazards.

329.......................  Toddler Beds..............         3041-AC82

330.......................  Bicycle Regulation                 3041-AC95

                             Amendments.

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[[Page 40151]]



CONSUMER PRODUCT SAFETY COMMISSION (CPSC)



Completed Actions



328. Options To Address Crib Safety Hazards



    Legal Authority: Consumer Product Safety Improvement Act, Pub. L. 

110-314, sec 104(b)(1)(A)

    Abstract: Section 104(b) of the Consumer Product Safety Improvement 

Act of 2008 (CPSIA) requires the Consumer Product Safety Commission 

(Commission) to promulgate consumer product safety standards for 

durable infant or toddler products. These standards are to be 

``substantially the same as'' applicable voluntary standards or more 

stringent than the voluntary standards if the Commission concludes that 

more stringent requirements would further reduce the risk of injury 

associated with the product. Full-size and non-full-size cribs are 

among the products for which such standards are to be issued. Section 

104(c) of the CPSIA makes it a prohibited act for certain entities, 

including child care facilities, family child care homes, and places of 

public accommodation affecting commerce, to provide for use cribs that 

do not comply with the crib standards. The Commission published an 

advance notice of proposed rulemaking (ANPRM) in preparation for this 

rulemaking, which discussed options to address hazards that the staff 

had identified. The ANPRM was published on November 25, 2008. On July 

14, 2010, the Commission voted to approve publication of a Notice of 

Proposed Rulemaking (NPRM) in the Federal Register proposing standards 

for full-size and non-full-size cribs. The NPRM was published in the 

Federal Register on July 23, 2010, and the comment period closed 

October 6, 2010. On December 15, 2010, the Commission voted to approve 

publication of a final rule. The final rule was published in the 

Federal Register on December 28, 2010.

    Timetable:



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               Action                    Date            FR Cite

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Staff Sent Draft ANPRM to Commission   11/05/08

Commission Decision on ANPRM........   11/14/08

ANPRM Published in the Federal         11/25/08  73 FR 71570

 Register.

ANPRM Comment Period End............   01/26/09

Staff Sends Briefing Package to        06/30/10

 Commission.

Commission Decision.................   07/14/10

NPRM................................   07/23/10  75 FR 43308

NPRM Comment Period End.............   10/06/10

Staff Sends Briefing Package to        12/01/10

 Commission.

Commission Decision.................   12/15/10

Final Rule..........................   12/28/10  75 FR 81766

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    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Patricia L. Edwards, Project Manager, Consumer 

Product Safety Commission, Directorate for Engineering Sciences, 4330 

East West Highway, Bethesda, MD 20814-4408, Phone: 301 504-7577, E-

mail: [email protected].

    RIN: 3041-AC57



329. Toddler Beds



    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, 2008, the Commission 

begin rulemaking for at least two categories of durable infant or 

toddler products and promulgate two such standards every six months 

thereafter. On March 17, 2010, the Commission voted to approve 

publication of a notice of proposed rulemaking (NPRM) for toddler beds. 

The NPRM published in the Federal Register on April 28, 2010, and the 

comment period ended July 12, 2010. The proposed standard is based on 

ASTM F 1821-09, Standard Consumer Product Safety Specification for 

Toddler Beds, with some changes and additions. Staff is preparing a 

briefing package for Commission consideration of the final rule.

    Timetable:



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               Action                    Date            FR Cite

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Staff Sends Briefing Package to        03/03/10

 Commission.

Commission Decision.................   03/17/10

NPRM................................   04/28/10  75 FR 22291

NPRM Comment Period End.............   07/12/10

Staff Sends Briefing Package to        03/23/11

 Commission.

Commission Decision.................   04/13/11

Final Rule..........................   04/20/11  76 FR 22019

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    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Celestine T. Kiss, Project Manager, Consumer 

Product Safety Commission, Directorate for Engineering Sciences, 4330 

East West Highway, Bethesda, MD 20814, Phone: 301 504-7739, E-mail: 

[email protected].

    RIN: 3041-AC82



330. Bicycle Regulation Amendments



    Legal Authority: 15 U.S.C. 1261 and 1262, Federal Hazardous 

Substances Act

    Abstract: Section 102 of the Consumer Product Safety Improvement 

Act of 2008 (CPSIA) requires third party testing for certain children's 

products. Bicycles would be tested in accordance with 16 CFR part 1512. 

On April 1, 2010, the Bicycle Product Suppliers Association (BPSA) 

petitioned the Commission for an extension of the stay of enforcement 

as it relates to 16 CFR part 1512, the CPSC safety regulations for 

bicycles. The BPSA contended that laboratory capacity was still 

inadequate. It also asserted that 16 CFR part 1512 is `'out of date in 

many respects,'' and urged the Commission to revise the regulation. In 

a letter dated June 4, 2010, the BPSA outlined specific requirements in 

16 CFR part 1512 that are problematic for certification. The Commission 

issued a Notice of Proposed Rulemaking (NPRM), published in the Federal 

Register on November 1, 2010, in which the Commission proposed limited 

changes to 16 CFR part 1512 to facilitate the requisite testing and 

certification. Following the end of the comment period, staff is 

preparing a briefing package for Commission consideration of a final 

rule.

    Timetable:



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               Action                    Date            FR Cite

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Staff Sends Briefing Package to        10/13/10

 Commission.

Commission Decision.................   10/22/10

NPRM................................   11/01/10  75 FR 67043



[[Page 40152]]



 

NPRM Comment Period End.............   01/18/11

Staff Sends Briefing Package to        04/25/11

 Commission.

Commission Decision.................   05/05/11

Final Rule..........................   05/13/11  76 FR 27882

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    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Vincent Amodeo, Project Manager, Consumer Product 

Safety Commission, Directorate for Engineering Sciences, 4330 East West 

Highway, Bethesda, MD 20814, Phone: 301 504-7570, E-mail: 

[email protected].

    RIN: 3041-AC95



[FR Doc. 2011-15500 Filed 7-6-11; 8:45 am]

BILLING CODE 6355-01-P