[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Proposed Rules]
[Pages 37418-37421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12932]



[[Page 37417]]

Vol. 81

Thursday,

No. 111

June 9, 2016

Part XXIV





Consumer Product Safety Commission





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Semiannual Regulatory Agenda

  Federal Register / Vol. 81 , No. 111 / Thursday, June 9, 2016 / 
Unified Agenda  

[[Page 37418]]


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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 July 1, 2016.

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

FOR FURTHER INFORMATION CONTACT: For further information on the agenda 
in general, contact Eileen Williams, Office of the General Counsel, 
U.S. Consumer Product Safety Commission, 4330 East-West Highway, 
Bethesda, MD 20814-4408; [email protected]. For further information 
regarding a particular item on the agenda, consult the individual 
listed in the column headed, ``Contact,'' for that particular item.

SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (RFA) (5 
U.S.C. 601 to 612) contains several provisions intended to reduce 
unnecessary and disproportionate regulatory requirements on small 
businesses, small governmental organizations, and other small entities. 
Section 602 of the RFA (5 U.S.C. 602) requires each agency to publish, 
twice each year, a regulatory flexibility agenda containing a brief 
description of the subject area of any rule expected to be proposed or 
promulgated, which is likely to have a ``significant economic impact'' 
on a ``substantial number'' of small entities. The agency must also 
provide a summary of the nature of the rule and a schedule for acting 
on each rule for which the agency has issued a notice of proposed 
rulemaking.
    The regulatory flexibility agenda 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 2015 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.
    Beginning in fall 2007, the Internet became the basic means of 
disseminating 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) 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 and new information, changes of 
circumstances or of law may alter anticipated timing. In addition, no 
final determination by staff or the Commission regarding the need for, 
or the substance of, any rule or regulation should be inferred from 
this agenda.

    Dated: March 16, 2016.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.

            Consumer Product Safety Commission--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
294.......................  Rule Review of: Standard           3041-AD47
                             for the Flammability
                             (Open Flame) of Mattress
                             Sets (Section 610 Review).
------------------------------------------------------------------------


         Consumer Product Safety Commission--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
295.......................  Recreational Off-Road              3041-AC78
                             Vehicles.
------------------------------------------------------------------------


[[Page 37419]]


          Consumer Product Safety Commission--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
296.......................  Standard for Sling                 3041-AD28
                             Carriers.
------------------------------------------------------------------------


          Consumer Product Safety Commission--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
297.......................  Petition to Amend Test             3041-AD26
                             Procedures for Glazing
                             Materials in
                             Architectural Products.
298.......................  Third Party Testing Burden         3041-AD46
                             Reduction.
------------------------------------------------------------------------


CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Prerule Stage

294. Rule Review of: Standard for the Flammability (Open Flame) of 
Mattress Sets (Section 610 Review)

    Legal Authority: 5 U.S.C. 1193, Flammable Fabrics Act; 5 U.S.C. 
610, Regulatory Flexibility Act
    Abstract: The Commission published the Standard for the 
Flammability (Open Flame) of Mattress Sets in March 2006. The Standard 
sets open flame performance measures on all mattress sets entered into 
commerce on or after the effective date in July 2007. The purpose of 
the rule review is to assess the impact of the rule on small entities 
and to determine whether the rule should be continued without change, 
or should be amended or rescinded to make the rule more effective or 
less burdensome while still maintaining safety objectives. CPSC staff 
solicited comments on the rule through a Federal Register Notice. Staff 
also conducted economic and fire loss data analyses to review the 
impact and effectiveness of the rule. A staff briefing package is being 
developed and will be submitted to the Commission in FY 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        09/00/16
 Commission.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Agency Contact: Lisa Scott, Project Manager, Directorate for 
Laboratory Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2064, Email: [email protected].
    RIN: 3041-AD47

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Proposed Rule Stage

295. Recreational Off-Road Vehicles

    Legal Authority: 15 U.S.C. 2056; 15 U.S.C. 2058
    Abstract: The Commission is considering whether recreational off-
road vehicles (ROVs) present an unreasonable risk of injury that should 
be regulated. ROVs are motorized vehicles having four or more low-
pressure tires designed for off-road use and intended by the 
manufacturer primarily for recreational use by one or more persons. The 
salient characteristics of an ROV include a steering wheel for steering 
control, foot controls for throttle and braking, bench or bucket seats, 
a roll-over protective structure, and a maximum speed greater than 30 
mph. On October 21, 2009, the Commission voted (4-0-1) to publish an 
advance notice of proposed rulemaking (ANPRM) in the Federal Register. 
The ANPRM was published in the Federal Register on October 28, 2009, 
and the comment period ended December 28, 2009. The Commission received 
two letters requesting an extension of the comment period. The 
Commission extended the comment period until March 15, 2010. Staff 
conducted testing and evaluation programs to develop performance 
requirements addressing vehicle stability, vehicle handling, and 
occupant protection. On October 29, 2014, the Commission voted (3-2) to 
publish an NPRM proposing standards addressing vehicle stability, 
vehicle handling, and occupant protection. The NPRM was published in 
the Federal Register on November 19, 2014. On January 23, 2015, the 
Commission published a notice of extension of the comment period for 
the NPRM, extending the comment period to April 8, 2015. The Omnibus 
Appropriations Bill provides that during fiscal year 2016, none of the 
amounts made available by the Appropriations Bill may be used to 
finalize or implement the Safety Standard for Recreational Off-Highway 
Vehicles published by the CPSC in the Federal Register on November 19, 
2014 (79 FR 68964) (ROV NPRM) until after the National Academy of 
Sciences completes a study to determine specific information as set 
forth in the Appropriations Bill. Staff has ceased work on a Final Rule 
briefing package that would implement the ROV NPRM, but continues to 
engage in the development of voluntary standards associated with ROVs. 
In FY 2016, staff will prepare a briefing package assessing the 
voluntary standards for Commission consideration.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff Sends ANPRM Briefing Package     10/07/09
 to Commission.
Commission Decision.................   10/21/09
ANPRM...............................   10/28/09  74 FR 55495
ANPRM Comment Period Extended.......   12/22/09  74 FR 67987
Extended Comment Period End.........   03/15/10
Staff Sends NPRM Briefing Package to   09/24/14
 Commission.
Staff Sends Supplemental Information   10/17/14
 on ROVs to Commission.
Commission Decision.................   10/29/14
NPRM Published in Federal Register..   11/19/14  79 FR 68964
NPRM Comment Period Extended........   01/23/15  80 FR 3535

[[Page 37420]]

 
Extended Comment Period End.........   04/08/15
Staff Sends Briefing Package           09/00/16
 Assessing Voluntary Standards to
 Commission.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Caroleene Paul, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2225, Email: [email protected].
    RIN: 3041-AC78

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Final Rule Stage

296. Standard for Sling Carriers

    Legal Authority: Pub. L. 110-314, sec 104
    Abstract: Section 104 of the Consumer Product Safety Improvement 
Act of 2008 (CPSIA) requires the Commission to issue consumer product 
safety standards for durable infant or toddler products. The Commission 
is directed to assess the effectiveness of applicable voluntary 
standards, and in accordance with the Administrative Procedure Act, 
promulgate consumer product safety standards that are substantially the 
same as the voluntary standard, or more stringent than the voluntary 
standard if the Commission determines that more stringent standards 
would further reduce the risk of injury associated with the product. 
The CPSIA requires that not later than August 14, 2009, the Commission 
begin rulemaking for at least two categories of durable infant or 
toddler products and promulgate two such standards every six months 
thereafter. The Commission proposed a consumer product safety standard 
for infant sling carriers as part of this series of standards for 
durable infant and toddler products. On June 13, 2014, staff sent an 
NPRM briefing package to the Commission. The Commission voted 
unanimously (3-0) to approve publication of the NPRM in the Federal 
Register. The NPRM was published in the Federal Register on July 23, 
2014. Following review of the comments, staff will prepare a Final Rule 
briefing package for the Commission's consideration.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff Sends NPRM Briefing Package to   06/13/14
 the Commission.
Commission Decision to Publish NPRM.   07/09/14
NPRM................................   07/23/14  79 FR 42724
NPRM Comment Period End.............   10/06/14
Staff Sends Final Rule Briefing        09/00/16
 Package to Commission.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Hope Nesteruk, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2579, Email: [email protected].
    RIN: 3041-AD28


CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Completed Actions

297. Petition To Amend Test Procedures for Glazing Materials in 
Architectural Products

    Legal Authority: 5 U.S.C. 553; 15 U.S.C. 2056; 15 U.S.C. 2058
    Abstract: The Commission received correspondence from William M. 
Hannay, counsel for the Safety Glazing Certification Council, 
requesting that the Commission initiate rulemaking to replace the 
current testing procedures for glazing materials codified at 16 CFR 
1201.4 with those contained in ANSI Z97.1, ``American National Standard 
for Safety Glazing Materials Used in Building-Safety Performance 
Specifications and Methods of Test.'' The request was docketed as 
Petition CP 12-3, under the Consumer Product Safety Act (CPSA). On 
August 23, 2012, the Commission voted unanimously to approve 
publication of a notice in the Federal Register to solicit public 
comments on the petition. The notice was published in the Federal 
Register on August 30, 2012. The comment period closed on October 29, 
2012. CPSC staff reviewed the submitted comments and sent a briefing 
package to the Commission on April 3, 2013. The Commission voted 
unanimously on April 9, 2013, to grant the petition. Staff prepared an 
NPRM briefing package for Commission consideration. The briefing 
package went to the Commission on May 6, 2015. The Commission voted to 
issue the NPRM on May 15, 2015. The NPRM published in the Federal 
Register on May 22, 2015. The comment period closed on July 21, 2015. 
Staff sent a Final Rule briefing package to the Commission on March 2, 
2016. The Commission voted unanimously (5-0) on March 8, 2016, to 
approve publication in the Federal Register of the Final Rule, as 
drafted, to amend the Commission's regulations at 16 CFR part 1201, by 
replacing the testing procedures provided at 16 CFR 1201.4, with the 
voluntary standard, ANSI Z97.1-2015, American National Standard for 
Safety Glazing Materials Used in Buildings-Safety Performance 
Specifications and Methods of Test.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Petition Docketed...................   08/17/12
Notice for Comment Published in        08/30/12  77 FR 52625
 Federal Register.
Comment Period End..................   10/29/12
Staff Sends Briefing Package to        04/03/13
 Commission.
Commission Decision.................   04/09/13
Staff Sends NPRM Briefing Package to   05/15/15
 Commission.
NPRM................................   05/22/15  80 FR 29555
NPRM Comment Period End.............   07/21/15
Staff Sends Final Rule Briefing        03/02/16
 Package to Commission.
Commission Decision to Approve         03/08/16
 Publication of Final Rule in the
 Federal Register.
Final Rule Published in the Federal    03/23/16  81 FR 15427
 Register.
Final Rule Effective................   04/22/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Brian M. Baker, Project Manager, Directorate for 
Laboratory Sciences Mechanical, Consumer Product Safety Commission, 
National Product Testing and Evaluation Center, 5 Research Place,

[[Page 37421]]

Rockville, MD 20850, Phone: 301 987-2289, Email: [email protected].
    RIN: 3041-AD26

298. Third Party Testing Burden Reduction

    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. In the FY 2015 
Operating Plan, the Commission directed staff to submit a notice of 
proposed rulemaking (NPRM) briefing package to the Commission 
addressing items to reduce third party testing burdens. On June 30, 
2015, staff sent a briefing package to the Commission for a Direct 
Final Rule (DFR) and an NPRM for a determination regarding heavy 
elements limits for unfinished and untreated wood. On July 10, 2015, 
the Commission voted to publish the DFR and NPRM in the Federal 
Register. On July 17, 2015, the DFR and NPRM were published in the 
Federal Register with the comment period closing on August 17, 2015. On 
August 26, 2015, staff sent a draft Federal Register Notice withdrawing 
the DFR because the Commission received adverse comments regarding the 
DFR.
    On September 1, 2015, the Commission voted to publish a notice of 
withdrawal of the DFR in the Federal Register. The notice of withdrawal 
published in the Federal Register on September 10, 2015. On December 8, 
2015, staff sent a briefing package for a Final Rule for a 
determination regarding heavy elements for unfinished and untreated 
wood. On December 8, 2015, the Commission voted to publish the final 
rule in the Federal Register. On December 17, 2015, the Final Rule 
published in the Federal Register with an effective date of January 19, 
2016.
    On September 30, 2015, staff sent a briefing package to the 
Commission for a DFR and NPRM to clarify when component part testing 
can be used and which textile products have been determined not to 
exceed the allowable lead content limits. On October 8, 2015, the 
Commission voted to publish the DFR and the NPRM in the Federal 
Register. On October 14, 2015, the DFR and NPRM published in the 
Federal Register. On November 19, 2015, the Commission published a 
notice in the Federal Register delaying the effective date and 
extending the comment period for the DFR. On January 4, 2016, the 
Commission published a Notice in the Federal Register delaying the 
effective date and reopening the comment period for the DFR. The DFR 
became final with an effective date of February 12, 2016.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Commission Votes to Publish DFR and    07/10/15
 NPRM in Federal Register.
NPRM Published in the Federal          07/17/15  80 FR 42438
 Register.
DFR Published in the Federal           07/17/15  80 FR 42376
 Register.
NPRM Comment Period End.............   08/17/15
DFR Comment Period End..............   08/17/15
Staff Sends Notice of Withdrawal to    08/26/15
 Commission.
Commission Votes to Publish Notice     09/01/15
 of Withdrawal of DFR.
Notice of Withdrawal of DFR            09/10/15  80 FR 54417
 Published in Federal Register.
Staff Sends DFR/NPRM Briefing          09/30/15
 Package to Commission.
Commission Votes to Publish DFR/NPRM   10/08/15
 in Federal Register.
DFR and NPRM Published in the          10/24/15  80 FR 61729, 80 FR
 Federal Register.                                61773
Notice Delaying Effective Date......   11/19/15
Staff Sends Final Rule Briefing        12/08/15
 Package to Commission.
Commission Votes to Publish Final      12/08/15
 Rule in Federal Register.
Final Rule Published in the Federal    12/17/15  80 FR 78651
 Register.
Notice Delaying Effective Date and     01/04/16
 Reopening Comment Period.
Final Rule Effective................   02/12/16  81 FR 2
------------------------------------------------------------------------

    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-AD46

[FR Doc. 2016-12932 Filed 6-8-16; 8:45 am]
 BILLING CODE 6355-01-P