[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Proposed Rules]
[Pages 71237-71241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26554]



[[Page 71237]]

Vol. 84

Thursday,

No. 247

December 26, 2019

Part XXIV





Consumer Product Safety Commission





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Semiannual Regulatory Agenda

  Federal Register / Vol. 84 , No. 247 / Thursday, December 26, 2019 / 
UA: Reg Flex Agenda  

[[Page 71238]]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Ch. II


Semiannual Agenda and Regulatory Plan

AGENCY: U.S. Consumer Product Safety Commission.

ACTION: Semiannual regulatory agenda.

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SUMMARY: The Commission publishes its semiannual regulatory flexibility 
agenda in this document. The document also 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 Division of the Secretariat 
on or before January 27, 2020.

ADDRESSES: Comments on the regulatory flexibility agenda should be 
captioned, ``Regulatory Flexibility Agenda,'' and be emailed to: [email protected]. Comments may also be mailed or delivered to the Division 
of the Secretariat, 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 Adrienne Layton, Directorate for Health Sciences, 
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 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 2018 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 regarding 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.

    Dated: July 23, 2019.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.

          Consumer Product Safety Commission--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
413.......................  Flammability Standard for          3041-AB35
                             Upholstered Furniture
                             (Reg Plan Seq No. 152).
414.......................  Regulatory Options for             3041-AC31
                             Table Saws (Reg Plan Seq
                             No. 153).
415.......................  Fireworks Devices.........         3041-AC35
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


[[Page 71239]]


          Consumer Product Safety Commission--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
416.......................  Portable Generators.......         3041-AC36
417.......................  Recreational Off-Road              3041-AC78
                             Vehicles.
------------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Final Rule Stage

413. Flammability Standard for Upholstered Furniture

    Regulatory Plan: This entry is Seq. No. 152 in part II of this 
issue of the Federal Register.
    RIN: 3041-AB35

414. Regulatory Options for Table Saws

    Regulatory Plan: This entry is Seq. No. 153 in part II of this 
issue of the Federal Register.
    RIN: 3041-AC31

415. Fireworks Devices

    E.O. 13771 Designation: Independent agency.
    Legal Authority: 15 U.S.C. 1261
    Abstract: Staff prepared a draft advance notice of proposed 
rulemaking (ANPRM) concerning fireworks devices, requesting comments on 
whether there is a need for the agency to update and strengthen its 
regulation of fireworks devices. Staff sent the ANPRM to the Commission 
for consideration on June 26, 2006. On June 30, 2006, the Commission 
voted to issue an ANPRM, which was issued on July 12, 2006. The comment 
period on the ANPRM closed on September 11, 2006. In June 2011, the 
Commission directed staff to review progress made since the issuance of 
the FY 2006 ANPRM regarding consumer fireworks regulations. In FY 2012, 
staff concentrated efforts on developing an updated test method to 
evaluate aerial firework break charge energy release, assess potential 
hazards to consumers associated with ``adult snapper'' fireworks, and 
propose appropriate solutions. In January 2013, October 2013, and 
February 2014, staff released status reports providing information 
regarding staff's fireworks research. In the FY 2015 Operating Plan, 
the Commission directed staff to conduct a rule review of the current 
fireworks regulations. Staff sent a briefing package to the Commission 
on December 30, 2015, responding to the Commission's request for a rule 
review. Staff sent a draft NPRM and briefing package to the Commission 
on December 14, 2016. The Commission held a briefing on the matter on 
January 11, 2017. On January 25, 2017, the Commission voted to issue 
the NPRM. The NPRM was published on February 2, 2017. The comment 
period on the NPRM closed on July 17, 2017. CPSC received more than 
2,400 written comments. The Commission provided an opportunity for oral 
presentation of comments on March 7, 2018. Staff sent the final rule 
briefing package to the Commission on September 26, 2018. The 
Commission held a public briefing on the matter on October 3, 2018.The 
next expected action is the Commission's decision on the draft final 
rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff Sent Draft ANPRM to Commission   06/26/06  .......................
Commission Decision.................   06/30/06  .......................
ANPRM...............................   07/12/06  71 FR 39249
ANPRM Comment Period End............   09/11/06  .......................
Staff Released a Fireworks Safety      01/31/13  .......................
 Standards Development Status Report.
Staff Released a Fireworks Safety      10/23/13  .......................
 Standards Development Status Report.
Staff Released Fireworks Safety        11/24/14  .......................
 Standards Development Status Report
 Draft.
Staff Sent Briefing Package to         12/30/15  .......................
 Commission with Rule Review
 Recommendations.
Staff Sent Draft NPRM to Commission.   12/14/16  .......................
Commission Decision.................   01/25/17  .......................
NPRM................................   02/02/17  82 FR 9012
Comment Period Extended.............   04/18/17  82 FR 17947
Comment Period End..................   07/17/17  .......................
Notice of Opportunity for Oral         02/05/18  83 FR 5056
 Presentation of Comments.
Staff Sent Final Rule Briefing         09/26/18  .......................
 Package to Commission.
Commission Decision.................   11/00/19  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Rodney Valliere Ph.D., Project Manager, Directorate 
for Laboratory Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2526, Email: [email protected].
    RIN: 3041-AC35

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Long-Term Actions

416. Portable Generators

    E.O. 13771 Designation: Independent agency.
    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

[[Page 71240]]

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 the generator 
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 
opportunity for stakeholders to present oral comments on the NPRM.
    In 2018, two voluntary standards adopted different CO mitigation 
requirements intended to address the CO poisoning hazard associated 
with portable generators. In FY 2019 CPSC will solicit public comments 
on staff's plans to assess the effectiveness of those requirements 
through a Federal Register notice containing a Notice of Availability 
of two NIST reports co-authored by CPSC staff and soliciting comments 
on the one containing staff's plan, NIST Technical Note 2048, 
Simulation and Analysis Plan to Evaluate the Impact of CO Mitigation 
Requirement for Portable Generators . On July 2, 2019, the Commission 
voted to approve the publication of the Federal Register notice as 
drafted and it was published in the Federal Register on July 9, 2019, 
opening a 60-day comment period on TN 2048 that ends on September 9, 
2019.
    Timetable:

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               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.
NPRM................................   11/21/16  81 FR 83556
NPRM Comment Period Extended........   12/13/16  81 FR 89888
Public Hearing for Oral Comments....   03/08/17  82 FR 8907
NPRM Comment Period End.............   04/24/17  .......................
Staff Sends Notice of Availability     06/26/19  .......................
 to the Commission.
Commission Decision.................   07/02/19  .......................
Notice of Availability..............   07/09/19  84 FR 32729
Staff Sends Briefing Package to the    11/00/20  .......................
 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

417. Recreational Off-Road Vehicles

    E.O. 13771 Designation: Independent agency.
    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 rollover 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. Congress 
directed in fiscal year 2016 and reaffirmed in subsequent fiscal year 
appropriations that 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 2015 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. Staff continues to

[[Page 71241]]

monitor and participate in voluntary standards activity related to 
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          11/00/20  .......................
 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

[FR Doc. 2019-26554 Filed 12-23-19; 8:45 am]
BILLING CODE 6355-01-P