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Notice2024-01081

Petition Requesting Rulemaking To Mandate Testing and Labeling Regarding Slip Resistance of Flooring, Floor Coatings and Treatments, Floor Cleaning Agents, and Footwear

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Published
January 22, 2024

Issuing agencies

Consumer Product Safety Commission

Abstract

The Consumer Product Safety Commission (CPSC or Commission) has received a petition requesting that the Commission initiate rulemaking to mandate testing and labeling regarding the slip resistance (traction) of commercial and residential grade floor coverings, floor coatings and treatments, residential and commercial floor cleaning agents, and consumer footwear. The Commission invites written comments concerning the petition.

Full Text

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<title>Federal Register, Volume 89 Issue 14 (Monday, January 22, 2024)</title>
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[Federal Register Volume 89, Number 14 (Monday, January 22, 2024)]
[Notices]
[Pages 3914-3915]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01081]


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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2024-0003]


Petition Requesting Rulemaking To Mandate Testing and Labeling 
Regarding Slip Resistance of Flooring, Floor Coatings and Treatments, 
Floor Cleaning Agents, and Footwear

AGENCY: Consumer Product Safety Commission.

ACTION: Request for comments on petition for rulemaking.

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SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) 
has received a petition requesting that the Commission initiate 
rulemaking to mandate testing and labeling regarding the slip 
resistance (traction) of commercial and residential grade floor 
coverings, floor coatings and treatments, residential and commercial 
floor cleaning agents, and consumer footwear. The Commission invites 
written comments concerning the petition.

DATES: Submit comments by April 22, 2024.

ADDRESSES: Submit comments, identified by Docket No. CPSC-2024-0003, by 
any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the 
instructions for submitting comments. CPSC typically does not accept 
comments submitted by email, except as described below. CPSC encourages 
you to submit electronic comments by using the Federal eRulemaking 
Portal.
    Mail/Hand Delivery/Courier Written Submissions: Submit comments by 
mail/hand delivery/courier to: Office of the Secretary, Consumer 
Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; 
telephone: (301) 504-7479. If you wish to submit confidential business 
information, trade secret information, or other sensitive or protected 
information that you do not want to be available to the public, you may 
submit such comments by mail, hand delivery, or courier, or you may 
email them to: <a href="/cdn-cgi/l/email-protection#a9cad9daca84c6dae9cad9daca87cec6df"><span class="__cf_email__" data-cfemail="9af9eae9f9b7f5e9daf9eae9f9b4fdf5ec">[email&#160;protected]</span></a>.
    Instructions: All submissions must include the agency name and 
docket number for this notice. CPSC may post all comments without 
change, including any personal identifiers, contact information, or 
other personal information provided, to: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 
Do not submit electronically: confidential business information, trade 
secret information, or other sensitive or protected information that 
you do not want to be available to the public. If you wish to submit 
such information, please submit it according to the instructions for 
mail/hand delivery/courier written submissions.
    Docket: To read background documents or comments regarding this 
petition, go to: <a href="https://www.regulations.gov">https://www.regulations.gov</a>, insert docket number 
CPSC-2024-0003 in the ``Search'' box, and follow the prompts.

FOR FURTHER INFORMATION CONTACT: Alberta E. Mills, Office of the 
Secretary, Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814; telephone: (301) 504-7479; email: <a href="/cdn-cgi/l/email-protection#c9a8a4a0a5a5ba89aab9baaae7aea6bf"><span class="__cf_email__" data-cfemail="84e5e9ede8e8f7c4e7f4f7e7aae3ebf2">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: On April 11, 2023, the National Floor Safety 
Institute (NFSI; petitioner) requested that the Commission initiate 
rulemaking to mandate testing and labeling regarding the slip 
resistance (traction) of commercial and residential grade floor 
coverings, floor coatings and treatments, residential and commercial 
floor cleaning agents, and consumer footwear. The petitioner requests 
that the Commission require that:
    <bullet> manufacturers of commercial and residential grade floor 
coverings and coatings test the slip resistance of their products in 
accordance with the most current version of NFSI's standard B101.3, 
Test Method for Measuring the Wet Dynamic Coefficient of Friction 
(DCOF) of Hard Surface Walkways, and label their products in accordance 
with the most current version of NFSI standard B101.5, Standard Guide 
for Uniform Labeling Method for Identifying the Wet Dynamic Coefficient 
of Friction (Traction) of Floor Coverings, Floor Coatings, Treatments, 
Commercial and Residential Floor Chemical Agents, and Consumer Footwear 
(B101.5);
    <bullet> manufacturers of commercial and residential grade chemical 
floor cleaners and treatments test the slip resistance of their 
products in accordance with the most current version of NFSI standard 
B101.2, Test Method for Determining the Impact on Wet Coefficients of 
Friction of Various Chemical or Physical Walkway Surface Cleaners and 
Treatments on Common Hard-Surface Flooring Materials, and label their 
products in accordance with the most current version of NFSI standard 
B101.5; and
    <bullet> manufacturers of footwear test the slip resistance of 
their products' outsoles in accordance with the most current version of 
NFSI standard B101.7, Standard Test Method for Lab Measurement of 
Footwear Heel Outsole Material Coefficient of Friction on Liquid-
Contaminated Floor Surfaces, and label their products in accordance

[[Page 3915]]

with the most current version of NFSI standard B101.5.
    The NFSI standards that the petitioner requests that the Commission 
mandate provide test methods for assessing the coefficient of friction 
(COF) of the listed products along with graphics to label the products 
as having low, moderate, or high traction, based on the COF test 
results.\1\ As such, the petitioner's request is not that any level of 
slip resistance be mandated, but rather that the listed products be 
tested for their COF and then labeled with the resulting information. 
The petitioner asserts that requiring manufacturers to provide this 
slip-resistance information to consumers at the point of sale would 
enable consumers to make informed buying decisions, and thereby address 
the risk of injury associated with slips and falls, primarily involving 
the elderly.
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    \1\ During the comment period for this notice, read-only copies 
of the NFSI standards referenced in the petition are available for 
viewing at <a href="https://nfsi.org/nfsi-standards-portal/">https://nfsi.org/nfsi-standards-portal/</a>.
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    The petitioner previously submitted similar requests for 
rulemaking. In 2015, the petitioner requested that the Commission 
initiate a rulemaking to require manufacturers of floor coverings to 
test and label their products in accordance with NFSI B101.5-2014, 
Standard Guide for Uniform Labeling Method for Identifying the Wet 
Static and Wet Dynamic Coefficient of Friction (Traction) of Floor 
Coverings, Floor Coverings with Coatings, and Treated Floor Coverings. 
That request was docketed as petition CP 16-1.\2\ The Commission denied 
that petition because there was insufficient information to demonstrate 
that the requested rule would assist consumers in assessing the 
comparative safety of floor coverings or reduce slip and fall 
incidents. Specifically, the Commission concluded that the petition did 
not establish an association between slip and fall incidents and 
particular types of flooring; there was a lack of consistency and 
accuracy in test methods used; there was insufficient information in 
the petition to indicate that a high COF decreased the risk of slips 
and falls; and a labeling requirement would be insufficient to address 
the hazard because a COF is likely only one of several factors involved 
in slips and falls.\3\
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    \2\ The docketing notice for CP 16-1 is available at 80 FR 
75,639 (Dec. 3, 2015).
    \3\ Staff's briefing package recommending that the Commission 
deny petition CP 16-1 is available at: <a href="https://www.cpsc.gov/s3fs-public/Petition%20CP%2016-1%20-%20Labeling%20Requirements%20Regarding%20Slip-Resistance%20of%20Floor%20Coverings%20-%20December%207%202016.pdf">https://www.cpsc.gov/s3fs-public/Petition%20CP%2016-1%20-%20Labeling%20Requirements%20Regarding%20Slip-Resistance%20of%20Floor%20Coverings%20-%20December%207%202016.pdf</a>. 
The Record of Commission Action directing staff to prepare a denial 
letter is available at: <a href="https://www.cpsc.gov/s3fs-public/RCA%20-%20Petition%20CP%2016-1%20Labeling%20Requirements%20Regarding%20Slip-Resistance%20of%20Floor%20Coverings%20121316.pdf">https://www.cpsc.gov/s3fs-public/RCA%20-%20Petition%20CP%2016-1%20Labeling%20Requirements%20Regarding%20Slip-Resistance%20of%20Floor%20Coverings%20121316.pdf</a>. The draft denial letter is available at: 
<a href="https://www.cpsc.gov/s3fs-public/Draft%20Letter%20to%20Petitioner%20Regarding%20Denial%20of%20Petition%20CP-16-1%20Floor%20Coverings.pdf">https://www.cpsc.gov/s3fs-public/Draft%20Letter%20to%20Petitioner%20Regarding%20Denial%20of%20Petition%20CP-16-1%20Floor%20Coverings.pdf</a>. The Record of Commission Action 
approving the issuance of the draft denial letter is available at: 
<a href="https://www.cpsc.gov/s3fs-public/RCA%20-%20Draft%20Letter%20to%20Petitioner%20Regarding%20Denial%20of%20Petition%20CP%2016-1%20Floor%20Coverings%20011817_0.pdf">https://www.cpsc.gov/s3fs-public/RCA%20-%20Draft%20Letter%20to%20Petitioner%20Regarding%20Denial%20of%20Petition%20CP%2016-1%20Floor%20Coverings%20011817_0.pdf</a>.
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    In 2018, the petitioner submitted a similar request that the 
Commission initiate rulemaking to require manufacturers of floor 
coverings and coatings to test their products in accordance with NFSI 
B101.3-2012, Test Method for Measuring Wet DCOF of Common Hard-Surface 
Floor Materials (Including Action and Limit Thresholds for the Suitable 
Assessment of the Measured Values), label their products according to 
NFSI B101.5-2014, and require flooring retailers to provide point-of-
sale information regarding the label to assist with purchasing 
decisions. That request was docketed as petition CP 18-2.\4\ The 
Commission denied that petition because the request had not adequately 
addressed the concerns cited in the previous denial.\5\
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    \4\ The docketing notice for CP 18-2 is available at 83 FR 26228 
(June 6, 2018).
    \5\ Staff's briefing package recommending that the Commission 
deny petition CP 18-2 is available at: <a href="https://www.cpsc.gov/s3fs-public/Petition%20CP%2018-2%20-%20Labeling%20Requriements%20Regarding%20Slip-Resistance%20of%20Fl....pdf">https://www.cpsc.gov/s3fs-public/Petition%20CP%2018-2%20-%20Labeling%20Requriements%20Regarding%20Slip-Resistance%20of%20Fl....pdf</a>. The Record of Commission Action 
directing staff to prepare a draft denial letter is available at: 
<a href="https://www.cpsc.gov/s3fs-public/RCA%20-%20Petition%20CP%2018-2%20Labeling%20Requirements%20Regarding%20Slip-Resistance%20of%20Floor%20Coverings.pdf">https://www.cpsc.gov/s3fs-public/RCA%20-%20Petition%20CP%2018-2%20Labeling%20Requirements%20Regarding%20Slip-Resistance%20of%20Floor%20Coverings.pdf</a>. The draft denial letter is 
available at: <a href="https://www.cpsc.gov/s3fs-public/2018%20Denial%20Letter%20for%20Petition%20CP%2018-2%20-%20Seeking%20Labeling%20Requirments%20for%20Slip-Resistance%20of%20Floor%20Coverings%20-%20080719.pdf">https://www.cpsc.gov/s3fs-public/2018%20Denial%20Letter%20for%20Petition%20CP%2018-2%20-%20Seeking%20Labeling%20Requirments%20for%20Slip-Resistance%20of%20Floor%20Coverings%20-%20080719.pdf</a>. The Record of 
Commission Action approving the issuance of the draft denial letter 
is available at: <a href="https://www.cpsc.gov/s3fs-public/RCA-Denial%20Letter%20-%20CP%2018-2%20Seeking%20Labeling%20Requirements%20for%20Slip-Resistance%20of%20Floor%20Coverings.pdf">https://www.cpsc.gov/s3fs-public/RCA-Denial%20Letter%20-%20CP%2018-2%20Seeking%20Labeling%20Requirements%20for%20Slip-Resistance%20of%20Floor%20Coverings.pdf</a>.
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    The Commission seeks comments concerning the present petition.
    The major factors the Commission considers in deciding whether to 
grant or deny a petition (in pertinent part) include the following:
    <bullet> whether the product presents an unreasonable risk of 
injury;
    <bullet> whether a rule is reasonably necessary to eliminate or 
reduce the risk of injury; and
    <bullet> whether failure of the Commission to initiate the 
rulemaking proceeding requested would unreasonably expose the 
petitioner or other consumers to the risk of injury which the 
petitioner alleges is presented by the product.

16 CFR 1051.9(a). In considering these factors, the Commission will 
treat as an important component of each one the relative priority of 
the risk of injury associated with the product about which the petition 
has been filed and the Commission's resources available for rulemaking 
activities with respect to that risk of injury. 16 CFR 1051.9(b); see 
also 16 CFR 1009.8 (stating criteria upon which the Commission 
priorities are based).
    The petition is available at: <a href="http://www.regulations.gov">http://www.regulations.gov</a>, under 
Docket No. CPSC-2024-0003, Supporting and Related Materials. 
Alternatively, interested parties may obtain a copy of the petition by 
writing or calling the Office of the Secretary, Consumer Product Safety 
Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 
504-7479.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2024-01081 Filed 1-19-24; 8:45 am]
BILLING CODE 6355-01-P


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