[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Unknown Section]
[Pages 66904-66910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16466]



[[Page 66903]]

Vol. 89

Friday,

No. 159

August 16, 2024

Part XXI





Consumer Product Safety Commission





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Semiannual Regulatory Agenda

  Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA: 
Reg Flex Agenda  

[[Page 66904]]


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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. Information in 
this agenda was accurate as of May 2024 when the Commission prepared 
this agenda.

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 September 16, 2024.

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 Daniel Vice, 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 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 2023 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 agenda as of May 2024. It 
contains 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 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.
------------------------------------------------------------------------
252.......................  Safety Standard for                3041-AD97
                             Bassinets and Cradles.
------------------------------------------------------------------------


          Consumer Product Safety Commission--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
253.......................  Regulatory Options for             3041-AC31
                             Table Saws.
254.......................  Portable Generators.......         3041-AC36
255.......................  Safety Standard for                3041-AD70
                             Residential Gas Furnaces
                             and Boilers.
256.......................  Off-Highway Vehicles               3041-AD83
                             Debris Penetration
                             Hazards.

[[Page 66905]]

 
257.......................  Safety Standard for Infant         3041-AD89
                             Support Cushions
                             (Previously Infant Pillow
                             Ban).
258.......................  Infant Rockers and Infant/         3041-AD98
                             Toddler Rockers.
259.......................  Safety Standard for Infant         3041-AD99
                             Nursing Pillows.
------------------------------------------------------------------------


          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.......................  Exemption of Baloxavir             3041-AD84
                             Marboxil Tablets From
                             Poison Prevention
                             Packaging Requirements
                             (Formerly Xofluza
                             Petition).
------------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Proposed Rule Stage

252. Safety Standard for Bassinets and Cradles [3041-AD97]

    Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2056a
    Abstract: Section 104 of the Consumer Product Safety Improvement 
Act of 2008 (CPSIA) is the Danny Keysar Child Product Safety 
Notification Act. This Act requires the U.S. Consumer Product Safety 
Commission (CPSC or Commission) to: (1) examine and assess voluntary 
safety standards for certain infant or toddler products, and (2) 
promulgate mandatory consumer product safety standards that are 
substantially the same as the voluntary standards or more stringent 
than the voluntary standards if the Commission determines that more 
stringent standards would further reduce the risk of injury associated 
with these products. Section 104 also requires the Commission to 
periodically review and revise durable infant or toddler standards to 
ensure that such standards provide the highest level of safety for such 
products that is feasible. On February 28, 2024, staff sent a briefing 
package with a draft notice of proposed rulemaking (NPRM) to the 
Commission to update the Safety Standard for Bassinets and Cradles to 
address hazards associated with the use of bassinets on elevated and 
soft surfaces, ensure bassinets provide a flat, firm sleep surface, and 
to provide updated and accurate warnings. On March 20, 2024, the 
Commission voted to publish an NPRM, with amendments to the draft that 
staff submitted. The NPRM was published on April 16, 2024 and the 
comment period will close on June 17, 2024.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff Sends NPRM Briefing Package to   02/28/24  .......................
 Commission.
Commission Voted to Publish NPRM....   03/20/24  .......................
NPRM Published......................   04/16/24  89 FR 27251
End of Comment Period...............   06/17/24  .......................
Staff Reviews Comments..............   07/00/24  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Celestine Kish, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2547, Email: [email protected].
    RIN: 3041-AD97

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Final Rule Stage

253. 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 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. In 
November 2023, the Commission published a supplemental notice of 
proposed rulemaking (SNPRM) based on analysis of newly available 
incident data, evaluation of newly available products, and other market 
information that did not exist at the time of the 2017 NPRM. On 
February 28, 2024, The Commission provided an opportunity for 
interested parties to make oral presentations on the SNPR. The hybrid 
hearing was held in person at CPSC's headquarters and remotely via 
webinar. Staff is redacting data for release for additional public 
comment and will make those available for public comment in a 
forthcoming notice of availability (NOA). Staff is assigned to submit a 
final rule briefing package to the Commission in fiscal year 2024.
    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.

[[Page 66906]]

 
Comment Period End..................   02/10/12  .......................
Notice to Open Comment Period.......   02/15/12  77 FR 8751
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  83FR62561
 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 SNPRM Briefing Package     09/21/23  .......................
 to Commission.
Commission Decision Approving SNPRM.   10/25/23  .......................
Oral comment presentations..........   02/28/24  89 FR 8582
Staff Sends NOA for Data to            07/00/24  .......................
 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

254. 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, UL 2201 and PGMA G300, 
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 provided a 
supplemental NPRM (SNPRM) on portable generators to the Commission on 
March 8, 2023. The Commission published the SNPRM on April 20, 2023. 
Staff is redacting data for release for additional public comment and 
will make those available for comment in a forthcoming notice of 
availability (NOA). Staff is assessing the newly revised PGMA standard 
and a final rule briefing package is scheduled to be sent to the 
Commission in fiscal year 2024.
    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 SNPRM Briefing Package     03/08/23  .......................
 to Commission.
Commission Decision.................   04/05/23  .......................
SNPRM...............................   04/20/23  88 FR 24346
SNPRM Comment Period Ends...........   06/20/23  .......................
NOA for Data to Commission..........   09/00/24  .......................
------------------------------------------------------------------------

    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].

[[Page 66907]]

    RIN: 3041-AC36

255. Safety Standard for Residential Gas Furnaces and Boilers [3041-
AD70]

    Legal Authority: 15 U.S.C. 2056; 15 U.S.C. 2058
    Abstract: Over several years, staff has conducted research and 
worked with voluntary standards organizations concerning the risk of 
injury and death associated with carbon monoxide (CO) production and 
leakage from residential gas furnaces and boilers. This proposed rule 
would establish a performance requirement, under which gas furnaces or 
boilers would be required to shut off or modulate when CO levels reach 
a specified level for a specified duration of time. In 2019, the 
Commission issued an advance notice of proposed rulemaking (ANPRM) to 
initiate rulemaking under the Consumer Product Safety Act and requested 
comments on the risk of injury and alternative approaches to address 
the risk. On September 24, 2021, the Commission voted to change the 
fiscal year 2022 deliverable from a notice of proposed rulemaking 
(NPRM) to Data Analysis and/or Technical Review (DA/TR). On February 9, 
2022, staff provided a summary and status update in a public briefing 
to the Commission. On September 25, 2023, staff sent an NPRM briefing 
package to the Commission. On October 11, 2023, the Commission approved 
publication of the NPRM in the Federal Register. On February 21, 2024, 
the Commission provided an opportunity for interested parties to make 
oral presentations on the NPRM. The hybrid hearing was held in person 
at CPSC's headquarters and remotely via webinar. Staff is redacting 
data for release for additional public comment and will make those 
available for public comment in a forthcoming Notice of Availability 
(NOA). The Fiscal Year 2024 Operating Plan calls for staff to submit a 
Final Rule package to the Commission in fiscal year 2024.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff Sent ANPRM Briefing Package to   07/31/19  .......................
 Commission.
Commission Voted to Publish ANPRM...   08/07/19  .......................
ANPRM Published in FR...............   08/19/19  84 FR 42847
ANPRM Comment Period End............   10/18/19  .......................
Staff Sent FR Notice to Commission     10/23/19  .......................
 to Reopen Comment Period.
Commission Voted to Reopen Comment     11/01/19  .......................
 Period.
Notice to Reopen Comment Period        11/07/19  84 FR 60010
 Published in FR.
ANPRM Comment Period End............   01/06/20  .......................
Commission Vote to Change              09/24/21  .......................
 Deliverable from NPRM to DA/TR.
Public Briefing to Commission.......   02/09/22  .......................
Staff Sends NPRM Briefing Package to   09/25/23  .......................
 Commission.
Commission Decision to publish NPRM.   11/11/23  .......................
NPRM Published in FR................   11/25/23  88 FR 85862
NPRM Comment Period Extended........   12/11/23  .......................
NPRM Comment Period End.............   01/25/24  .......................
Oral comment presentation...........   02/21/24  89 FR 8583
Staff sends NOA Regarding Data to      09/00/24  .......................
 the Commission.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ronald Jordan, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, National 
Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 
20850, Phone: 301 987-2219, Email: [email protected].
    RIN: 3041-AD70

256. Off-Highway Vehicles Debris Penetration Hazards [3041-AD83]

    Legal Authority: 15 U.S.C. 2056; 15 U.S.C. 2058
    Abstract: On April 28, 2021, staff submitted an advance notice of 
proposed rulemaking (ANPRM) briefing package for Commission 
consideration concerning fire hazards associated with recreational off-
highway vehicles (ROVs), utility terrain vehicles/utility task vehicles 
(UTVs), and all-terrain vehicles (ATVs), as well as debris-penetration 
hazards association with ROVs and UTVs. The Commission published the 
ANPRM on May 11, 2021. Staff evaluated comments on the ANPRM and 
conducted research. On May 18, 2022, staff submitted to the Commission 
a draft notice of proposed rulemaking (NPRM) for safety standards for 
ROVs/UTVs to prevent debris penetration injuries. The NPRM published on 
July 21,2022. The written comment period on the NPRM closed on 
September 19, 2022. Staff is redacting data for release for additional 
public comment and will make those available and open a comment period 
in a forthcoming Notice of Availability. Staff is directed to prepare a 
final rule briefing package for submission to the Commission in fiscal 
year 2024. As noted, the fire hazards associated with Off-Highway 
Vehicles were addressed in the ANPRM, along with the debris penetration 
hazards. However, fire hazards were not addressed in the NPRM. Staff 
continues to engage the standard development organizations (SDOs) for 
off highway vehicles to develop voluntary standard requirements to 
reduce fire hazards associated with ATVs, ROVs, and UTVs. The fire 
hazards associated with Off-Highway Vehicles will be addressed in a 
separate rulemaking. Staff is redacting data for release for additional 
public comment and will make those available for public comment in a 
forthcoming Notice of Availability (NOA). The Operating Plan calls for 
staff to submit a Final Rule package to the Commission in fiscal year 
2024.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff sends ANPRM briefing package     04/28/21  .......................
 to Commission (for Fire and Debris
 Penetration Hazards).
ANPRM (for Fire and Debris             05/11/21  86 FR 25817
 Penetration Hazards).
Staff sends NPRM briefing package to   05/18/22  .......................
 Commission (for Debris Penetration
 Hazards only).
NPRM (for Debris Penetration Hazards   07/21/22  87 FR 43688
 only).
NPRM comment period ends (for Debris   09/19/22  .......................
 Penetration Hazards only).

[[Page 66908]]

 
Staff sends NOA for Data with          09/00/24  .......................
 Comment Period to the Commission.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Han S. Lim, Project Manager, Consumer Product 
Safety Commission, Directorate for Engineering Sciences, 4330 East West 
Highway, Bethesda, MD 20814-4408, Phone: 301 504-7538, Email: 
[email protected].
    RIN: 3041-AD83

257. Safety Standard for Infant Support Cushions (Previously Infant 
Pillow Ban) [3041-AD89]

    Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2056a
    Abstract: Section 104(b) of the CPSIA requires the Commission to 
consult with representatives of consumer groups, juvenile product 
manufacturers, and independent child product engineers and experts, to 
assess the effectiveness of voluntary standards for durable infant or 
toddler products, and then to promulgate mandatory standards for these 
products. 15 U.S.C. 2056a(b)(1). The mandatory standard must be 
substantially the same as any voluntary standard, or may be more 
stringent than any voluntary standard, if the Commission determines 
that more stringent requirements would further reduce the risk of 
injury associated with the product. Id. Under this authority, the 
Commission directed staff to develop a proposed rule for Infant Support 
Cushions. Staff delivered an NPRM briefing package to the Commission on 
November 8, 2023. On November 29, 2023 the Commission voted to approve 
publication of the NPRM. The NPRM was published in the Federal Register 
on January 16, 2024, and the public comment period closed on March 18, 
2024. Staff is redacting data for release for additional public comment 
and will make those available for public comment in a forthcoming 
Notice of Availability. Staff anticipates delivering a Final Rule 
package to the Commission in fiscal year 2024.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff sends proposed NPRM package to   11/08/23  .......................
 Commission.
Commission Decision Approving NPRM..   11/29/23  .......................
NPRM published......................   01/16/24  89 FR 2530
NPRM Comment Period Closes..........   03/18/24  .......................
Staff sends Notice of Availability     07/00/24  .......................
 for Data with Reopened Comment
 Period to the Commission.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ashley Johnson, Project Manager, Division of 
Pharmacology and Physiology Assessment, Consumer Product Safety 
Commission, National Product Testing and Evaluation Center, 5 Research 
Place, Rockville, MD 20850, Phone: 301 504-7872, Email: 
[email protected].
    RIN: 3041-AD89

258. Infant Rockers and Infant/Toddler Rockers [3041-AD98]

    Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2056a(b)
    Abstract: Section 104(b) of the CPSIA requires the Commission to 
consult with representatives of consumer groups, juvenile product 
manufacturers, and independent child product engineers and experts, to 
assess the effectiveness of voluntary standards for durable infant or 
toddler products, and then to promulgate mandatory standards for these 
products. 15 U.S.C. 2056a(b)(1). The mandatory standard must be 
substantially the same as the voluntary standard, or may be more 
stringent than the voluntary standard, if the Commission determines 
that more stringent requirements would further reduce the risk of 
injury associated with the product. Id. Under this authority, the 
Commission directed staff to develop a proposed rule for Infant Rockers 
and Infant/Toddler Rockers. On September 13, 2024, staff sent an NPRM 
briefing package to the Commission. On October 11, 2023, the Commission 
voted to publish the NPRM. The comment period ended on December 26, 
2023. Staff is preparing data for release for additional public comment 
and will make those available for public comment in a forthcoming 
notice of availability (NOA). Staff will review comments and 
anticipates sending a final rule briefing package to the Commission in 
fiscal year 2024.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff Sends NPRM Briefing Package to   09/13/23  .......................
 Commission.
Commission Decision Approving NPRM     10/11/23  .......................
 for publication.
NPRM published in Federal Register..   10/26/23  88 FR 73551
NPRM Comment Period Closes..........   12/26/23  .......................
Staff Sends Notice of Availability     07/00/24  .......................
 for Data with Reopened Time Period
 to the Commission.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Zachary Foster, Project Manager, Directorate for 
Engineering Sciences, Consumer Product Safety Commission, 5 Research 
Place, Rockville, MD 29850, Phone: 301 987-2034, Email: 
[email protected].
    RIN: 3041-AD98

259. Safety Standard for Infant Nursing Pillows [3041-AD99]

    Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2056a
    Abstract: Section 104(b) of the CPSIA requires the Commission to 
consult with representatives of consumer groups, juvenile product 
manufacturers, and independent child product engineers and experts, to 
assess the effectiveness of voluntary standards for durable infant or 
toddler products, and then to promulgate mandatory standards for these 
products. 15 U.S.C. 2056a(b)(1). The mandatory standard must be 
substantially the same as any voluntary standard, or may be more 
stringent than any voluntary standard, if the Commission determines 
that more stringent requirements would further reduce the risk of 
injury associated with the product. Id . Under this authority, the 
Commission directed staff to develop a proposed rule for Nursing 
Pillows. Staff delivered a notice of proposed rulemaking (NPRM) 
briefing package to the Commission on August 23, 2023. On September 8, 
2023, the Commission voted to approve publication of the NPRM in the 
Federal Register. The NPRM was published in the Federal Register on 
September 26, 2023, and the public comment period closed on November 
27, 2023. Staff is redacting data to release for additional public 
comment and will make those available and reopen the comment period in 
a forthcoming Notice of Availability (NOA). Staff anticipates 
delivering a Final Rule package to the Commission in fiscal year 2024.
    Timetable:

[[Page 66909]]



------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Staff Sends NPRM Briefing Package to   08/23/23  .......................
 Commission.
Commission Decision.................   09/08/23  .......................
NPRM Published......................   09/26/23  88 FR 65865
NPRM Comment Period Closes..........   11/27/23  .......................
Staff Sends Notice of Availability     07/00/24  .......................
 for Data with Comment Period to the
 Commission.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Timothy P. Smith, Project Manager, Consumer Product 
Safety Commission, Division of Human Factors, Directorate for 
Engineering Sciences, Washington, DC 20207, Phone: 301 504-7691, Email: 
[email protected].
    RIN: 3041-AD99

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

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Completed Actions

261. Exemption of Baloxavir Marboxil Tablets From Poison Prevention 
Packaging Requirements (Formerly Xofluza Petition) [3041-AD84]

    Legal Authority: 15 U.S.C. 1472; 15 U.S.C. 1474
    Abstract: On March 30, 2020, Genentech, Inc. submitted a petition 
requesting exemption from the special packaging requirements of the 
Poison Prevention Packaging Act (PPPA) for the prescription drug 
XOFLUZATM (Baloxavir marboxil). The petition was docketed, 
and staff sent a briefing package to the Commission on September 1, 
2021, recommending that the Commission grant the petition and issue a 
notice of proposed rulemaking (NPRM). On September 8, 2021, the 
Commission voted to grant the petition and publish an NPRM. On 
September 16, 2021, the NPRM was published and invited interested 
parties to submit written comments on the NPRM. The comment period 
closed on November 30, 2021. Staff submitted a final rule package to 
the Commission on March 27, 2024, and the Commission voted to approve 
publication on April 2, 2024. The final rule was published on April 19, 
2024 and the effective date is May 20, 2024.

[[Page 66910]]

    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Petition Docketed...................   10/05/20  .......................
Staff Sent Briefing Package to         09/01/21  .......................
 Commission.
Commission Decision.................   09/08/21  .......................
NPRM................................   09/16/21  86 FR 51640
End of NPRM Comment Period..........   11/30/21  .......................
Staff Submits Final Rule Package to    03/27/24  .......................
 Commission.
Commission Voted to Publish Final      04/02/24  .......................
 Rule.
Final Rule Published in Federal        04/19/24  89 FR 28604
 Register.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Cheryl Scorpio, Project Manager, Directorate for 
Health Sciences, Consumer Product Safety Commission, National Product 
Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850, 
Phone: 301 987-2572.
    RIN: 3041-AD84

[FR Doc. 2024-16466 Filed 8-15-24; 8:45 am]
BILLING CODE 6355-01-P