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Proposed Rule2023-02038

Semiannual Regulatory Agenda

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Published

February 22, 2023

Issuing agencies

Consumer Product Safety Commission

Abstract

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.

Full Text

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<title>Federal Register, Volume 88 Issue 35 (Wednesday, February 22, 2023)</title>
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[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Proposed Rules]
[Pages 11324-11327]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02038]

[[Page 11323]]

Vol. 88

Wednesday,

No. 35

February 22, 2023

Part XXI

Consumer Product Safety Commission

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Semiannual Regulatory Agenda

Federal Register / Vol. 88 , No. 35 / Wednesday, February 22, 2023 /
UA: Reg Flex Agenda

[[Page 11324]]

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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 Office of the
Secretary on or before March 24, 2023.

ADDRESSES: Caption comments on the regulatory agenda, ``Regulatory
Flexibility Agenda.'' You can submit comments by email to: <a href="/cdn-cgi/l/email-protection#32514241511f5d4172514241511c555d44">[email&#160;protected]</a>. 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 R. Vice, Office of the General Counsel, U.S.
Consumer Product Safety Commission, 4330 East-West Highway, Bethesda,
MD 20814-4408, <a href="/cdn-cgi/l/email-protection#41253728222401223132226f262e37">[email&#160;protected]</a>. 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 spring 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:
<a href="http://www.reginfo.gov">www.reginfo.gov</a>, 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.
------------------------------------------------------------------------
502....................... Portable Generators....... 3041-AC36
------------------------------------------------------------------------

Consumer Product Safety Commission--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
503....................... Regulatory Options for 3041-AC31
Table Saws (Reg Plan Seq
No. 219).
504....................... Petition for Rulemaking to 3041-AD31
Eliminate Accessible
Cords on Window Covering
Products (Reg Plan Seq
No. 220).

[[Page 11325]]

505....................... Furniture Tip Overs: 3041-AD65
Clothing Storage Units
(Reg Plan Seq No. 221).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.

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

Consumer Product Safety Commission--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
507....................... Safety Standard for 3041-AD82
Magnets.
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CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Proposed Rule Stage

502. 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 deliver an NPRM or
supplemental NPRM rulemaking briefing package 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 01/00/23
to 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: <a href="/cdn-cgi/l/email-protection#442e26313d213604273437276a232b32">[email&#160;protected]</a>.
RIN: 3041-AC36

[[Page 11326]]

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Final Rule Stage

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

Regulatory Plan: This entry is Seq. No. 219 in part II of this
issue of the Federal Register.
RIN: 3041-AC31

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

Regulatory Plan: This entry is Seq. No. 220 in part II of this
issue of the Federal Register.
RIN: 3041-AD31

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

Regulatory Plan: This entry is Seq. No. 221 in part II of this
issue of the Federal Register.
RIN: 3041-AD65

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Long-Term Actions

506. 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: <a href="/cdn-cgi/l/email-protection#f1928190849db192818292df969e87">[email&#160;protected]</a>.
RIN: 3041-AC78

CONSUMER PRODUCT SAFETY COMMISSION (CPSC)

Completed Actions

507. 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. 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. On August 17, 2022,
staff submitted a final rule briefing package to the Commission. On
September 7, 2022, the Commission approved the Final Rule for

[[Page 11327]]

Magnets. On September 21, 2022, the Final Rule for Magnets was
published in the Federal Register.
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 Oral Comment Notice to 02/02/22
Commission.
Commission Decision on Oral Comment 02/08/22
Notice.
Oral Comment Notice Published....... 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 08/17/22
Package to Commission.
Commission Decision................. 09/07/22
Final Rule Published................ 09/21/22 87 FR 57756
------------------------------------------------------------------------

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: <a href="/cdn-cgi/l/email-protection#3c4f545d4e4f5d5245557c5f4c4f5f125b534a">[email&#160;protected]</a>.
RIN: 3041-AD82

[FR Doc. 2023-02038 Filed 2-21-23; 8:45 am]
BILLING CODE 6355-01-P

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