[Federal Register Volume 87, Number 151 (Monday, August 8, 2022)]
[Proposed Rules]
[Pages 48372-48376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14617]



[[Page 48371]]

Vol. 87

Monday,

No. 151

August 8, 2022

Part XXII





Consumer Product Safety Commission





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Semiannual Regulatory Agenda

  Federal Register / Vol. 87 , No. 151 / Monday, August 8, 2022 / UA: 
Reg Flex Agenda  

[[Page 48372]]


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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 regulations that the Commission expects to develop or review 
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 September 7, 2022.

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, 
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. In 
addition, the regulatory flexibility agenda must contain the name and 
telephone number of an agency official who is knowledgeable about the 
listed items. Agencies must attempt to provide notice of their agendas 
to small entities and solicit their comments either by directly 
notifying them, or by including the agenda in publications that small 
entities are likely to obtain.
    In addition, Executive Order 12866, Regulatory Planning and Review 
(Sep. 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 regulations the agency expects to develop 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 fall 2021 agenda and completed before 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 
developing or completing 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--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
276.......................  Portable Generators.......         3041-AC36
------------------------------------------------------------------------


          Consumer Product Safety Commission--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
277.......................  Regulatory Options for             3041-AC31
                             Table Saws.
278.......................  Furniture Tip Overs:               3041-AD65
                             Clothing Storage Units.
279.......................  Safety Standard for                3041-AD82
                             Magnets.
------------------------------------------------------------------------


[[Page 48373]]


          Consumer Product Safety Commission--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
280.......................  Recreational Off-Road              3041-AC78
                             Vehicles.
------------------------------------------------------------------------


          Consumer Product Safety Commission--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
281.......................  Petition Requesting Ban            3041-AD52
                             for Supplemental
                             Mattresses for Play Yards
                             With Non-Rigid Sides.
------------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Proposed Rule Stage

276. Portable Generators [3041-AC36]

    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 fiscal year 2006, staff awarded a contract to develop a 
prototype generator engine with reduced CO in the exhaust. Also, in 
fiscal year 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 fiscal year 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 emission rates 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. In August 2020, staff submitted to the Commission a 
draft notice of availability of the modified plan, based on staff's 
review and consideration of the comments, for evaluating the voluntary 
standards; the Commission published the notice of availability in 
August 2020. In February 2022, staff delivered a briefing package to 
the Commission with the results of the effectiveness analysis and 
information on the availability of compliant generators in the 
marketplace. Staff concluded that the CO hazard-mitigation requirements 
of one standard are more effective than the other, but conformance to 
either standard is low. Staff intends to propose that the Fiscal Year 
2023 Operating Plan include delivering a rulemaking briefing package on 
portable generators to the Commission.
    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 Effectiveness          02/16/22
 Evaluation of Voluntary Standards.
Staff Sends (S)NPRM to Commission...   01/00/23
------------------------------------------------------------------------

    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)

Final Rule Stage

277. Regulatory Options for Table Saws [3041-AC31]

    Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2051
    Abstract: In 2006, the Commission granted a petition asking that 
the Commission issue a rule to prescribe performance standards for an 
active injury mitigation (AIM) system to reduce or prevent injuries 
from contacting the blade of a table saw. The Commission subsequently 
issued a notice of proposed rulemaking (NPRM) that would establish a 
performance standard requiring table saws to limit the depth of cut to 
3.5 millimeters when a test probe, acting as a surrogate for a human 
body/finger, contacts the table

[[Page 48374]]

saw's spinning blade. Staff has conducted several studies to provide 
information for the rulemaking. Staff is working on a final rule 
briefing package.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Commission Decision to Grant           07/11/06
 Petition.
ANPRM...............................   10/11/11  76 FR 62678
Notice of Extension of Time for        12/02/11  76 FR 75504
 Comments.
Comment Period End..................   02/10/12
Notice to Reopen Comment Period.....   02/15/12  77 FR 8751
Reopened Comment Period End.........   03/16/12
Staff Sent NPRM Briefing Package to    01/17/17
 Commission.
Commission Decision.................   04/27/17
NPRM................................   05/12/17  82 FR 22190
NPRM Comment Period End.............   07/26/17
Public Hearing......................   08/09/17  82 FR 31035
Staff Sent 2016 NEISS Table Saw Type   08/15/17
 Study Status Report to Commission.
Staff Sent 2017 NEISS Table Saw        11/13/18
 Special Study to Commission.
Notice of Availability of 2017 NEISS   12/04/18  83 FR 62561
 Table Saw Special Study.
Staff Sends a Status Briefing          08/28/19
 Package on Table Saws to Commission.
Commission Decision.................   09/10/19
Staff Sends Final Rule Briefing        09/00/22
 Package 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-AC31

278. Furniture Tip Overs: Clothing Storage Units [3041-AD65]

    Legal Authority: 15 U.S.C. 2056; 15 U.S.C. 2058; 15 U.S.C. 2076(e)
    Abstract: Based on direction in the Fiscal Year 2016 Operating 
Plan, staff submitted a briefing package to the Commission in September 
2016, addressing furniture tip overs and focused, specifically, on 
clothing storage unit (CSU) tip overs. CPSC is aware of fatal and 
nonfatal incidents involving CSUs tipping over. The majority of 
incidents involve children. In November 2017, the Commission issued an 
advance notice of proposed rulemaking (ANPRM), seeking comments and 
initiating rulemaking under the Consumer Product Safety Act (15 U.S.C. 
2051-2089). In July 2021, staff submitted a notice of proposed 
rulemaking (NPRM) briefing package to the Commission. On January 19, 
2022, the Commission approved publication of an NPRM addressing CSU tip 
overs. The NPRM was published in the Federal Register on February 3, 
2022. The written comment period closes on April 19, 2022. On February 
9, 2022, the Commission received a request to extend the written 
comment period on the NPRM. On February 23, 2022, staff forwarded to 
the Commission a draft notice to extend the written comment period. On 
March 1, 2022, the Commission voted not to extend the written comment 
period. On February 16, 2022, staff submitted to the Commission a draft 
notice announcing the opportunity for interested parties to make oral 
comments on the NPRM. On February 23, 2022, the Commission voted to 
approve publication of the oral comment notice. The oral comment notice 
was published in the Federal Register on March 1, 2022, announcing that 
the Commission would hold the hearing on April 6, 2022. After reviewing 
comments on the NPRM, staff will work on a final rule briefing package.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff Sent Briefing Package to         09/30/16
 Commission.
Staff Sent ANPRM Briefing Package to   11/15/17
 Commission.
Commission Decision on ANPRM........   11/21/17
ANPRM...............................   11/30/17  82 FR 56752
Comment Period Extended.............   01/17/18  83 FR 2382
Comment Period End..................   04/14/18
Staff Sent NPRM Briefing Package to    07/14/21
 Commission.
Commission Decision on NPRM.........   01/19/22
NPRM................................   02/03/22  87 FR 6246
Draft Notice of Oral Comment Hearing   02/16/22
 to Commission.
Commission Decision on Notice of       02/23/22
 Oral Comment Hearing.
Draft FR Notice to Commission to       02/23/22
 Extend NPRM Comment Period.
Commission Decision Not To Extend      03/01/22
 Comment Period.
Notice of Oral Comment Hearing......   03/01/22  87 FR 11366
Oral Comment Hearing................   04/06/22
End of NPRM Comment Period..........   04/19/22
Staff Sends Final Rule Briefing        09/00/22
 Package to Commission.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kristen Talcott, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2311, Email: [email protected].
    RIN: 3041-AD65

279. Safety Standard for Magnets [3041-AD82]

    Legal Authority: 15 U.S.C. 553; 15 U.S.C. 2056; 15 U.S.C. 2058
    Abstract: Based on direction in the Commission's Fiscal Year 2021 
Operating Plan, staff submitted a notice of proposed rulemaking (NPRM) 
briefing package to the Commission on October 6, 2021, to address the 
internal interaction hazard associated with ingestion of small, 
powerful magnets. On December 14, 2021, the Commission voted to approve 
publication of the NPRM. On January 10, 2022, the NPRM was published in 
the Federal Register, seeking comments and initiating rulemaking under 
the Consumer Product Safety Act (15 U.S.C. 2051-2089). The written 
comment period on the NPRM closed on March 28, 2022.

[[Page 48375]]

On February 2, 2022, staff submitted to the Commission a draft notice 
announcing the opportunity for interested parties to make oral comments 
on the NPRM. On February 8, 2022, the Commission voted to approve 
publication of the oral comment notice. The oral comment notice was 
published in the Federal Register on February 15, 2022, indicating that 
requests to present at the oral hearing had to be provided by February 
23, 2022. The Commission held the hearing on March 2, 2022. After 
reviewing comments on the NPRM and incident data, among other 
considerations, staff will complete a final rule briefing package.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff Sends NPRM Briefing Package to   10/06/21
 Commission.
Commission Decision.................   12/14/21
NPRM................................   01/10/22  87 FR 1260
Staff Sends Hearing Notice to          02/02/22
 Commission.
Commission Decision on Notice of       02/08/22
 Hearing.
Notice of Hearing...................   02/15/22  87 FR 8442
Oral Comment Hearing................   03/02/22
End of NPRM Comment Period..........   03/28/22
Staff Sends Final Rule Briefing        09/00/22
 Package to Commission.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Stephen Harsanyi, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2209, Email: [email protected].
    RIN: 3041-AD82

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Long-Term Actions

280. Recreational Off-Road Vehicles [3041-AC78]

    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 a 
notice of proposed rulemaking (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 Fiscal Year 2020 Operating Plan, the Commission directed staff 
to prepare a rulemaking termination briefing package. Staff submitted a 
briefing package to the Commission on September 16, 2020 that 
recommended termination of the rulemaking. On September 22, 2020, the 
Commission voted 2-2 on this matter. A majority was not reached and no 
action is being taken.
    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        09/16/20
 Commission.
Commission Decision: Majority Not      09/22/20
 Reached, No Action Will be Taken.
                                     -----------------------------------
Next Step Undetermined..............           To Be Determined
------------------------------------------------------------------------

    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)

Completed Actions

281. Petition Requesting Ban for Supplemental Mattresses for Play Yards 
With Non-Rigid Sides [3041-AD52]

    Legal Authority: Pub. L. 110-314, sec. 104
    Abstract: The Commission received a petition requesting that the 
Commission initiate rulemaking under section 8 of

[[Page 48376]]

the CPSA to ban supplemental mattresses for play yards with non-rigid 
sides, which are currently marketed to be used with non-full-size 
cribs, play yards, portable cribs, and playpens. After obtaining 
comments on the petition, the Commission voted to ``take other action'' 
on the petition, granting the petition but directing staff to initiate 
a rulemaking under section 104 of the Consumer Product Safety 
Improvement Act to promulgate a mandatory standard that will address 
the risk of injury associated with the use of crib mattresses, as well 
as supplemental and aftermarket mattresses used in play yards and 
portable cribs. The Commission assessed the effectiveness of applicable 
voluntary standards, and in accordance with the Administrative 
Procedure Act, promulgated a consumer product safety standard that 
incorporates the relevant voluntary standard, with additional 
requirements to make the standard more stringent, to further reduce the 
risk of injury associated with the product. The Commission issued a 
notice of proposed rulemaking (NPRM) for crib mattresses in October 
2020, to address hazards associated with full-size crib mattresses, 
non-full-size mattresses, and after-market mattresses for play yards 
and non-full-size crib mattresses. Staff sent a final rule briefing 
package to the Commission in September 2021. On December 1, 2021, staff 
briefed the Commission on the final rule, and on January 26, 2022, the 
Commission voted (4-0) to issue the final rule. The final rule requires 
after-market mattresses for play yards to meet the same requirements as 
original equipment manufacturer (OEM) play yard mattresses. Staff 
continues to work with the voluntary standards committee on play yards, 
to address hazards associated with OEM and after-market play yard 
mattress fit and thickness.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Petition Docketed...................   07/29/15
Notice Published in Federal Register   08/11/15  80 FR 48043
Comment Period End..................   10/13/15
Staff Sends Briefing Package to        05/10/17
 Commission.
Commission Decision.................   05/25/17
Staff Sends Crib Mattresses NPRM       09/30/20
 Briefing Package to Commission.
Commission Publishes Crib Mattresses   10/26/20  85 FR 67906
 NPRM in Federal Register.
NPRM Comment Period End.............   01/11/21
Staff Sends Crib Mattresses Final      09/22/21
 Rule Briefing Package to Commission.
Commission Decision.................   01/26/22
Commission Publishes Final Rule in     02/15/22  87 FR 8640
 Federal Register.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Frederick DeGrano, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2711, Email: [email protected].
    RIN: 3041-AD52.

[FR Doc. 2022-14617 Filed 8-5-22; 8:45 am]
BILLING CODE 6355-01-P