[Federal Register Volume 78, Number 141 (Tuesday, July 23, 2013)]
[Proposed Rules]
[Pages 44356-44357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17170]



[[Page 44355]]

Vol. 78

Tuesday,

No. 141

July 23, 2013

Part XXII





Consumer Product Safety Commission





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Semiannual Regulatory Agenda

  Federal Register / Vol. 78 , No. 141 / Tuesday, July 23, 2013 / 
Unified Agenda  

[[Page 44356]]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Ch. II


Semiannual Regulatory Agenda

AGENCY: 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 31, 2013.

ADDRESSES: Comments on the regulatory flexibility agenda should be 
captioned ``Regulatory Flexibility Agenda'' and be emailed to [email protected]v or filed by fax to (301) 504-0127. Comments may also be 
mailed or delivered to the Office of the Secretary, Consumer Product 
Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 
20814-4408.

FOR FURTHER INFORMATION CONTACT: For further information on the agenda 
in general, contact Eileen J. Williams, Office of the General Counsel, 
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 2012 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. Agency contacts are located at one of two addresses: 
Consumer Product Safety Commission, 4330 East West Highway, Bethesda, 
MD 20814-4408 or Consumer Product Safety Commission, 5 Research Place, 
Rockville, MD 20850.
    Beginning with the fall 2007 edition, 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: April 24, 2013.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.

          Consumer Product Safety Commission--Completed Actions
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
302.......................  Testing and Labeling               3041-AD14
                             Pertaining to Product
                             Certification Regarding
                             Representative Samples
                             for Periodic Testing of
                             Children's Products.
303.......................  Products Containing                3041-AD18
                             Imidazolines Equivalent
                             to 0.08 Milligrams or
                             More.
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[[Page 44357]]

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Completed Actions

302. Testing and Labeling Pertaining to Product Certification Regarding 
Representative Samples for Periodic Testing of Children's Products

    Legal Authority: 15 U.S.C. 2063, sec 3, 102 Pub. L. 110-314, 122 
Stat 3016, 3017, 3022
    Abstract: On August 12, 2011, the President signed H.R. 2715 into 
law. Among other things, H.R. 2715, now Public Law 112-28, replaced the 
requirement in section 14(i)(2)(B)(ii) of the CPSA for the testing of 
``random samples'' with a requirement for the testing of 
``representative samples.'' On September 21, 2011, CPSC staff submitted 
a briefing package to the Commission with a proposed rule to implement 
this new statutory requirement. The proposed rule would amend 16 CFR 
1107. On October 19, 2011, the Commission voted unanimously to publish 
the proposed rule in the Federal Register. The proposed rule was 
published on November 8, 2011, and the comment period ended on January 
23, 2012. On June 20, 2012, CPSC staff submitted to the Commission for 
its consideration a briefing package with a draft final rule. On July 
6, 2012, the Commission voted 2-2 on whether to publish the final rule 
in the Federal Register. The Commission reconsidered the matter on 
November 28, 2012 and voted to approve the draft final rule. The final 
rule was published in the Federal Register on December 5, 2012, with an 
effective date of February 8, 2013.
    Timetable:

 
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               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff Sent Briefing Package to         09/21/11  .......................
 Commission.
NPRM................................   11/08/11  76 FR 69586
Commission Decision.................   10/19/11  .......................
NPRM Comment Period End.............   01/23/12  .......................
Staff Sends Briefing Package to        06/20/12  .......................
 Commission.
Commission Vote (No Majority).......   07/06/12  .......................
Commission Decision.................   11/28/12  .......................
Final Rule Published in the Federal    12/05/12  77 FR 72205
 Register.
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Randy Butturini, Project Manager, Consumer Product 
Safety Commission, Office of Hazard Identification and Reduction, 4330 
East West Highway, Bethesda, MD 20814, Phone: 301 504-7562, Email: 
[email protected].
    RIN: 3041-AD14

303. Products Containing Imidazolines Equivalent to 0.08 Milligrams or 
More

    Legal Authority: 15 U.S.C. sec 1471 to 1477
    Abstract: Pursuant to the Poison Prevention Packaging Act of 1970, 
the Commission is considering a proposed rule that would require child-
resistant (``CR'') packaging for any over-the-counter or prescription 
product containing the equivalent of 0.08 milligrams or more of an 
imidazoline, a class of drugs that includes tetrahydrozoline, 
naphazoline, oxymetazoline, and xylometazoline, in a single package. 
Products containing imidazolines can cause serious adverse reactions, 
such as central nervous system (``CNS'') depression, decreased heart 
rate, and depressed ventilation in children treated with these drugs or 
who accidentally ingest them. CPSC staff submitted a briefing package 
on the proposed rule for Commission consideration on January 11, 2012. 
The Commission found preliminarily that availability of 0.08 milligrams 
or more of an imidazoline in a single package, by reason of its 
packaging, is such that special packaging is required to protect 
children under 5 years old from serious personal injury or illness due 
to handling, using, or ingesting such a substance. On January 18, 2012, 
the Commission voted unanimously to publish the proposed rule in the 
Federal Register. The proposed rule published on January 25, 2012, and 
the comment period ended on April 9, 2012. The final briefing package 
was sent to the Commission on October 7, 2012, the ballot vote was 
accepted unanimously on November 8, 2012, and the final rule was 
published December 10, 2012 (77 FR 73294). Companies are required to 
comply with the final rule by December 10, 2013, or notify staff of 
their intent to avail themselves of a one year stay of enforcement 
until December 10, 2014, conditioned upon meeting certain requirements 
set forth in the preamble to the final rule.
    Timetable:

 
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               Action                    Date            FR Cite
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Staff Sent Briefing Package to         01/11/12  .......................
 Commission.
Commission Decision.................   01/18/12  .......................
NPRM................................   01/25/12  77 FR 3646
NPRM Comment Period End.............   04/09/12  .......................
Staff Sent Briefing Package.........   11/08/12  .......................
Commission Decision.................   11/20/12  .......................
Final Rule Published in the Federal    12/10/12  77 FR 73294
 Register.
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Cheryl Osterhout, Project Manager, Consumer Product 
Safety Commission, Directorate for Health Sciences, 5 Research Place, 
Rockville, MD 20850, Phone: 301 987-2572, Email: [email protected].
    RIN: 3041-AD18

[FR Doc. 2013-17170 Filed 7-22-13; 8:45 am]
BILLING CODE 6355-01-P