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Proposed Rule2023-14554

Semiannual Regulatory Agenda

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Published

July 27, 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 12 months. 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 143 (Thursday, July 27, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="/cdn-cgi/l/email-protection#b4d7c4c7d799dbc7f4d7c4c7d79ad3dbc2">[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 David M. DiMatteo, 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#4420202d29253030212b04273437276a232b32">[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 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:
<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, 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: <a href="/cdn-cgi/l/email-protection#6a00081f130f182a091a1909440d051c">[email&#160;protected]</a>.
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: <a href="/cdn-cgi/l/email-protection#51322130243d11322122327f363e27">[email&#160;protected]</a>.
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
------------------------------------------------------------------------

[[Page 48639]]

5 Research Place, Rockville, MD 20850, Phone: 301 987-2225, Email:
<a href="/cdn-cgi/l/email-protection#ee8d9e8f9b82ae8d9e9d8dc0898198">[email&#160;protected]</a>.
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: <a href="/cdn-cgi/l/email-protection#1b69797a777872687275737a5b786b6878357c746d">[email&#160;protected]</a>.
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: <a href="/cdn-cgi/l/email-protection#147f607578777b606054776467773a737b62">[email&#160;protected]</a>.
RIN: 3041-AD65

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

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