[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Proposed Rules]
[Pages 48636-48640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14554]



[[Page 48635]]

Vol. 88

Thursday,

No. 143

July 27, 2023

Part XX





Consumer Product Safety Commission





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Semiannual Regulatory Agenda

  Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / UA: 
Reg Flex Agenda  

[[Page 48636]]


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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 12 months. 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 Office of the 
Secretary on or before August 28, 2023.

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 
Office of the Secretary, 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 David M. DiMatteo, 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 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 
listed items. Id. 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. Id.
    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 2022 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, this agenda does not represent 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.
------------------------------------------------------------------------
258.......................  Portable Generators.......         3041-AC36
------------------------------------------------------------------------


          Consumer Product Safety Commission--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
259.......................  Regulatory Options for             3041-AC31
                             Table Saws.
------------------------------------------------------------------------


[[Page 48637]]


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


          Consumer Product Safety Commission--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
261.......................  Petition for Rulemaking to         3041-AD31
                             Eliminate Accessible
                             Cords on Window Covering
                             Products.
262.......................  Furniture Tip Overs:               3041-AD65
                             Clothing Storage Units.
------------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Proposed Rule Stage

258. Portable Generators [3041-AC36]

    Legal Authority: 15 U.S.C. 2056; ]15 U.S.C. 2058
    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 deliver a supplemental NPRM 
rule and a Final Rule on portable generators to the Commission in 
fiscal year 2023.
    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 Briefing Package   03/08/23  .......................
 to Commission.
Commission Decision.................   04/05/23  .......................
NPRM................................   04/20/23  88 FR 24346
NPRM Comment Period End.............   06/20/23  .......................
Staffs Sends Briefing Package to       09/00/23  .......................
 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

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Final Rule Stage

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

    Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2056; 15 U.S.C. 2058
    Abstract: In 2006, the Commission granted a petition asking that 
the Commission issue a rule to prescribe performance standards for an 
active

[[Page 48638]]

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 saw's spinning blade. Staff has 
conducted several studies to provide information for the rulemaking. 
Staff intends to submit a final rule briefing package to the Commission 
in fiscal year 2023.
    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        09/00/23  .......................
 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

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Long-Term Actions

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

    Legal Authority: 15 U.S.C. 2056; 15 U.S.C. 2058
    Abstract: 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 for 
recreational off-road vehicles (ROVs). 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,

[[Page 48639]]

5 Research Place, Rockville, MD 20850, Phone: 301 987-2225, Email: 
[email protected].
    RIN: 3041-AC78

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Completed Actions

261. Petition for Rulemaking To Eliminate Accessible Cords on Window 
Covering Products [3041-AD31]

    Legal Authority: 5 U.S.C. 553(e); 15 U.S.C 2056; 15 U.S.C. 2058; 15 
U.S.C. 2064(j)
    Abstract: The Commission received a petition from a group of nine 
organizations representing consumer groups, safety consultants, and 
legal counsel. The petition requested that the Commission initiate 
proceedings to promulgate a mandatory standard to eliminate accessible 
cords on window covering products. The petition asserts that a 
mandatory rule is necessary because attempts to develop a voluntary 
standard that adequately mitigates the risk of injury associated with 
window covering cords have been unsuccessful. The Commission voted to 
accept CPSC staff's recommendation to approve the petition and 
subsequently issued an advance notice of proposed rulemaking (ANPRM) 
for corded window coverings. The ANPRM began a rulemaking proceeding 
under the Consumer Product Safety Act (CPSA) to address the risk of 
strangulation to young children that is associated with corded window 
covering products. Staff sent two notices of proposed rulemaking 
(NPRMs) to the Commission for consideration in October 2021. The first 
NPRM, under section 15(j) of the CPSA, was to amend 16 CFR part 1120 to 
add hazardous operating and inner cords on stock window coverings, and 
hazardous inner cords on custom window coverings, to the list of 
substantial product hazards. The listed cords would be required to 
comply with the 2018 voluntary standard for window covering cords or 
else be subject to denial of admission and/or corrective action. The 
second NPRM, under sections 7 and 9 of the CPSA, proposed that 
operating cords on custom window coverings meet the same requirements 
as operating cords on stock window coverings under the 2018 voluntary 
standard. The Commission voted in January 2022 to issue both proposed 
rules. The comment period ended on March 23, 2022. On March 16, 2022, 
the Commission held a hearing for the presentation of oral comments on 
the rule for operating cords on custom window coverings. On September 
28, 2022, staff submitted a final rule briefing package to the 
Commission containing a final rule under section 15(j) of the CPSA and 
a final rule for operating cords on custom window coverings under 
sections 7 and 9 of the CPSA. On November 7, 2022, the Commission voted 
(4-0) to issue both final rules. Both rules were published in the 
Federal Register on November 28, 2022.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Petition Docketed...................   06/26/13  .......................
Notice for Comment Published in        07/15/13  78 FR 42026
 Federal Register.
Comment Period End..................   09/13/13  .......................
Staff Sends ANPR Briefing Package to   09/30/14  .......................
 Commission.
Commission Decision.................   10/08/14  .......................
ANPRM Published in the Federal         01/16/15  80 FR 2327
 Register.
Draft FR Notice to Commission to       03/10/15  .......................
 Extend ANPR Comment Period.
FR Notice Announcing Extension of      03/23/15  80 FR 15173
 Comment Period.
Comment Period Closed...............   06/01/15  .......................
NPRM Briefing Package to Commission.   10/06/21  .......................
Commission Decision.................   12/14/21  .......................
NPRM for Stock Window Coverings.....   01/07/22  87 FR 891
NPRM for Custom Window Coverings....   01/07/22  87 FR 1014
Draft FR Notice to Commission to       02/23/22  .......................
 Extend NPRM Comment Period.
Commission Decision Not To Extend      03/01/22  .......................
 Comment Period.
Hearing to Present Oral Comments on    03/16/22  .......................
 NPRM re Custom Window Coverings.
Staff Sends Final Rule Briefing        09/28/22  .......................
 Package to Commission.
Commission Decision.................   11/07/22  .......................
Final Rule Published for Amendment     11/28/22  87 FR 72873
 to 16 CFR 1120.
Final Rule Published for 16 CFR 1260   11/28/22  87 FR 73144
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Rana Balci-Sinha, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2584, Email: [email protected].
    RIN: 3041-AD31

262. 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 closed on April 19, 2022. 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, and the Commission held the 
hearing on April 6, 2022. After reviewing comments on the NPRM, staff 
submitted a final rule briefing package to the Commission on September 
28, 2022. On October 19, 2022, the Commission approved publication of 
the final rule. The final rule was published in the Federal Register on 
November 25, 2022.

[[Page 48640]]

    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        09/28/22  .......................
 Package to Commission.
Commission Decision.................   10/19/22  .......................
Final Rule publishes................   11/25/22  87 FR 72598
------------------------------------------------------------------------

    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

[FR Doc. 2023-14554 Filed 7-26-23; 8:45 am]
BILLING CODE 6355-01-P