Proposed Rule2024-00465
Semiannual Regulatory Agenda
Primary source
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Published
February 9, 2024
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 89 Issue 28 (Friday, February 9, 2024)</title>
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[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Proposed Rules]
[Pages 9670-9672]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00465]
[[Page 9669]]
Vol. 89
Friday,
No. 28
February 9, 2024
Part XXI
Consumer Product Safety Commission
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Semiannual Regulatory Agenda
Federal Register / Vol. 89 , No. 28 / Friday, February 9, 2024 / UA:
Reg Flex Agenda
[[Page 9670]]
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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.
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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 March 11, 2024.
ADDRESSES: Caption comments on the regulatory agenda, ``Regulatory
Flexibility Agenda.'' You can submit comments by email to: <a href="/cdn-cgi/l/email-protection#11726162723c7e6251726162723f767e67"><span class="__cf_email__" data-cfemail="b9dac9cada94d6caf9dac9cada97ded6cf">[email protected]</span></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 Michael A. Rogers, 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#f5b8a79a92908786b596858696db929a83"><span class="__cf_email__" data-cfemail="7e332c11191b0c0d3e1d0e0d1d50191108">[email protected]</span></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 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 fall 2023 agenda also includes regulatory activities that the
Commission listed in the spring 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
<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 (5 U.S.C. 610).
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
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Regulation
Sequence No. Title Identifier No.
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512....................... Regulatory Options for 3041-AC31
Table Saws (Reg Plan Seq
No. 230).
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References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
Consumer Product Safety Commission--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
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513....................... Portable Generators (Reg 3041-AC36
Plan Seq No. 232).
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References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
[[Page 9671]]
Consumer Product Safety Commission--Long-Term Actions
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Regulation
Sequence No. Title Identifier No.
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514....................... Recreational Off-Road 3041-AC78
Vehicles.
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Consumer Product Safety Commission--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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515....................... Petition Requesting a Ban 3041-AD30
or Standard on Adult
Portable Bed Rails.
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CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
Proposed Rule Stage
512. Regulatory Options for Table Saws [3041-AC31]
Regulatory Plan: This entry is Seq. No. 230 in part II of this
issue of the Federal Register.
RIN: 3041-AC31
CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
Final Rule Stage
513. Portable Generators [3041-AC36]
Regulatory Plan: This entry is Seq. No. 232 in part II of this
issue of the Federal Register.
RIN: 3041-AC36
CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
Long-Term Actions
514. 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:
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Action Date FR Cite
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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.
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Next Step Undetermined.............. To Be Determined
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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#0e6d7e6f7b624e6d7e7d6d20696178"><span class="__cf_email__" data-cfemail="22415243574e62415251410c454d54">[email protected]</span></a>.
RIN: 3041-AC78
[[Page 9672]]
CONSUMER PRODUCT SAFETY COMMISSION (CPSC)
Completed Actions
515. Petition Requesting a Ban or Standard on Adult Portable Bed Rails
[3041-AD30]
Legal Authority: 5 U.S.C. 553(e); 15 U.S.C. 2056; 15 U.S.C. 2058
Abstract: The Commission received two requests, one from consumer
advocate Gloria Black, the Consumer Federation of America, and 60 other
organizations, and the second from Public Citizen, asking that the
Commission initiate proceedings under section 8 of the Consumer Product
Safety Act (CPSA) to determine whether adult portable bed rails pose an
unreasonable risk of injury and initiate related rulemaking under
section 9 of the CPSA. The Commission is considering them as a single
petition. After reviewing a briefing package from staff in 2014, the
Commission voted to defer the petition. The Commission subsequently
directed staff to assess the progress of the voluntary standard
development and to make a recommendation on whether the Commission
should grant the petition and initiate rulemaking. The new voluntary
standard was published in August 2017. Staff evaluated the new
voluntary standard and performed product testing to assess conformance,
and provided the Commission with a briefing package in July 2020, with
the recommendation to continue deferring the petition. On March 9,
2022, staff submitted to the Commission a briefing package,
supplementing the 2020 briefing package, and recommending that the
Commission grant the petition. On March 15, 2022, the Commission voted
to grant the petition and directed staff to draft a notice of proposed
rulemaking (NPRM) to adopt a safety standard under CPSA section 9. On
September 21, 2022, staff submitted an NPRM briefing package to the
Commission. The Commission published the proposed rule on November 9,
2022. The public comment period ended on January 9, 2023. The
Commission published a final rule on July 21, 2023.
Timetable:
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Action Date FR Cite
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Petition Docketed................... 05/15/13
Notice for Comment Published in 06/04/13 78 FR 33393
Federal Register.
Comment Period End.................. 08/05/13
Staff Sends Briefing Package to 04/23/14
Commission.
Commission Voted to Defer the 05/01/14
Petition.
Staff Provided Commission a 6-Month 11/04/14
Update on the Voluntary Standards
Process.
Staff Provided Commission a 12-Month 04/22/15
Update on Voluntary Standards.
Staff Provided Commission a 9-Month 02/03/16
Update on Voluntary Standards
Process.
Staff Provided Commission Update on 09/27/16
Voluntary Standards Process.
Staff Provided Commission Update on 09/27/17
Voluntary Standards Process.
Staff Sends Status Briefing Package 07/15/20
to Commission.
Staff Sends Briefing Package to 03/09/22
Commission.
Commission Decision on Petition..... 03/15/22
Staff Sends NPRM Briefing Package to 09/21/22
Commission.
Commission Decision................. 10/13/22
NPRM publishes...................... 11/09/22 87 FR 67586
NPRM Comment Period End............. 01/09/23
Staff sends Final Rule briefing 06/28/23
package to Commission.
Final Rule.......................... 07/21/23 88 FR 46958
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Vineed Dayal, Project Manager, Directorate for
Laboratory Sciences, Consumer Product Safety Commission, 5 Research
Place, National Product Testing and Evaluation Center, Rockville, MD
20850,Phone: 301 987-2292, Email: <a href="/cdn-cgi/l/email-protection#1167757068707d51726162723f767e67"><span class="__cf_email__" data-cfemail="e29486839b838ea281929181cc858d94">[email protected]</span></a>.
RIN: 3041-AD30
[FR Doc. 2024-00465 Filed 2-8-24; 8:45 am]
BILLING CODE 6355-01-P
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