[Federal Register Volume 86, Number 60 (Wednesday, March 31, 2021)]
[Proposed Rules]
[Pages 17000-17002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04330]



[[Page 16999]]

Vol. 86

Wednesday,

No. 60

March 31, 2021

Part XXIII





Consumer Product Safety Commission





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Semiannual Regulatory Agenda

  Federal Register / Vol. 86 , No. 60 / Wednesday, March 31, 2021 / UA: 
Reg Flex Agenda  

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Chapter 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 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.

DATES: The Commission welcomes comments on the agenda and on the 
individual agenda entries. Submit comments to the Division of the 
Secretariat on or before April 30, 2021.

ADDRESSES: Caption comments on the regulatory agenda, ``Regulatory 
Flexibility Agenda.'' You can submit comments by email to: [email protected]. You can also submit comments by mail or delivery 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 Meridith L. Kelsch, 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, contact the person listed in 
the column titled, ``Contact,'' for that particular item.

SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (RFA; 5 
U.S.C. 601-612) 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 requires each agency to publish, twice a year, a 
regulatory flexibility agenda containing ``a brief description of the 
subject area of any rule which the agency expects to propose or 
promulgate which is likely to have a significant economic impact on a 
substantial number of small entities.'' 5 U.S.C. 602. The agency must 
provide a summary of the nature of the rule, the objectives and legal 
basis for the rule, and an approximate schedule for acting on each rule 
for which the agency has issued a notice of proposed rulemaking. Id. In 
addition, the regulatory flexibility agenda must contain the name and 
telephone number of an agency official who is knowledgeable about the 
items listed. Id. Agencies must attempt to provide notice of their 
agendas to small entities and solicit their comments, by directly 
notifying them, or by including the agenda in publications that small 
entities are likely to obtain. Id.
    In addition, Executive Order 12866, Regulatory Planning and Review 
(Sept. 30, 1993), requires each agency to publish, twice a year, a 
regulatory agenda of regulations under development or review during the 
next year. 58 FR 51735 (Oct. 4, 1993). The Executive Order states that 
agencies may combine this agenda with the regulatory flexibility agenda 
required under the RFA. The agenda required by Executive Order 12866 
must include all of the regulatory activities the agency expects to be 
under development or review during the next 12 months, regardless of 
whether they may have a significant economic impact on a substantial 
number of small entities. This agenda also includes regulatory 
activities that the Commission listed in the spring 2020 agenda and has 
completed prior to publishing 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 an agency official who is knowledgeable about items in the 
agenda.
    The internet is the primary means for disseminating the Unified 
Agenda. The complete Unified Agenda will be available online at: 
www.reginfo.gov, in a format that allows users to obtain information 
from the agenda database.
    Because agencies must publish in the Federal Register the 
regulatory flexibility agenda required by the RFA (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 RFA, 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 RFA.
    The entries in the Commission's printed agenda are limited to 
fields that contain information that the RFA requires in an agenda. 
Additional information on these entries is available in the Unified 
Agenda published on the internet.
    The agenda reflects the Commission's 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 the law, may alter anticipated timing. In 
addition, you should not infer from this agenda a final determination 
by the Commission or its staff regarding the need for, or the substance 
of, any rule or regulation.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.

          Consumer Product Safety Commission--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
410.......................  Regulatory Options for             3041-AC31
                             Table Saws (Reg Plan Seq
                             No. 124).
411.......................  Recreational Off-Road              3041-AC78
                             Vehicles.
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


          Consumer Product Safety Commission--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
412.......................  Portable Generators.......         3041-AC36
------------------------------------------------------------------------


[[Page 17001]]


          Consumer Product Safety Commission--Completed Actions
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
413.......................  Standard for Gates and             3041-AD44
                             Other Enclosures.
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CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Final Rule Stage

410. Regulatory Options for Table Saws

    Regulatory Plan: This entry is Seq. No. 124 in part II of this 
issue of the Federal Register.
    RIN: 3041-AC31

411. 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. Staff conducted testing and evaluation programs to 
develop performance requirements addressing vehicle stability, vehicle 
handling, and occupant protection. In 2014, the Commission issued an 
NPRM proposing standards addressing vehicle stability, vehicle 
handling, and occupant protection. 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 proposed Safety Standard for 
Recreational Off-Highway Vehicles 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 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. 
In the FY 2020 Operating Plan, the Commission directed staff to prepare 
a rulemaking termination briefing package. Staff is working on a 
rulemaking termination briefing package.
    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 Sends Briefing Package to        11/00/20
 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)

Long-Term Actions

412. Portable Generators

    E.O. 13771 Designation: Independent agency.
    Legal Authority: 15 U.S.C. 2051
    Abstract: In 2006, the Commission issued an advance notice of 
proposed rulemaking (ANPRM) under the Consumer Product Safety Act 
(CPSA) concerning portable generators. The ANPRM discussed regulatory 
options that could reduce deaths and injuries related to portable 
generators, particularly those involving carbon monoxide (CO) 
poisoning. 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. 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. After additional staff 
and contractor work, the Commission issued a notice of proposed 
rulemaking (NPRM) in 2016, proposing a performance standard that would 
limit the CO emissions from operating portable generators. In 2018, two 
voluntary standards adopted different CO mitigation requirements 
intended to address the CO poisoning hazard associated with portable 
generators. Staff developed a simulation and analysis plan to evaluate 
the effectiveness of those voluntary standards' requirements. In 2019, 
the Commission sought public comments on staff's plan. Staff considered 
those comments and revised the plan and is now executing it. In August 
2020, staff submitted to the Commission a draft notice of availability 
of the modified plan for evaluating the voluntary

[[Page 17002]]

standards; the Commission published the notice of availability in 
August 2020.
    Timetable:

------------------------------------------------------------------------
               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 Notice of Availability     08/12/20
 to Commission.
Commission Decision.................   08/19/20
Notice of Availability..............   08/24/20  85 FR 52096
                                     -----------------------------------
Staff Report on Evaluation of                  To Be Determined
 Voluntary Standards.
------------------------------------------------------------------------

    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

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Completed Actions

413. Standard for Gates and Other Enclosures

    E.O. 13771 Designation: Independent agency.
    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 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 Commission 
issued a notice of proposed rulemaking (NPRM) for gates and enclosures 
as part of this series of standards for durable infant or toddler 
products. Staff provided a final rule briefing package to the 
Commission in May 2020, and the Commission voted to approve the final 
rule, which was published in the Federal Register in July 2020. The 
final rule becomes effective in July 2021.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff Sends NPRM Briefing Package to   06/19/19
 Commission.
Commission Decision.................   06/25/19
NPRM................................   07/08/19  84 FR 32346
Staff Sends Final Rule Briefing        05/27/20
 Package to Commission.
Commission Decision.................   06/02/20
Final Rule..........................   07/06/20  85 FR 40100
Final Rule Effective................   07/06/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Hope Nesteruk, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, 5 Research 
Place, Rockville, MD 20850, Phone: 301 987-2579, Email: 
[email protected].
    RIN: 3041-AD44

[FR Doc. 2021-04330 Filed 3-30-21; 8:45 am]
BILLING CODE 6355-01-P