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Proposed Rule2024-16466

Semiannual Regulatory Agenda

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Published

August 16, 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. Information in this agenda was accurate as of May 2024 when the Commission prepared this agenda.

Full Text

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<title>Federal Register, Volume 89 Issue 159 (Friday, August 16, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="/cdn-cgi/l/email-protection#85e6f5f6e6a8eaf6c5e6f5f6e6abe2eaf3">[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 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#d1b5a7b8b2b491b2a1a2b2ffb6bea7">[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 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:
<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 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: <a href="/cdn-cgi/l/email-protection#dcbfb7b5afb49cbfacafbff2bbb3aa">[email&#160;protected]</a>.
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: <a href="/cdn-cgi/l/email-protection#0b687b6a7e674b687b7868256c647d">[email&#160;protected]</a>.
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: <a href="/cdn-cgi/l/email-protection#eb81899e928e99ab889b9888c58c849d">[email&#160;protected]</a>.

[[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: <a href="/cdn-cgi/l/email-protection#2b594144594f4a456b485b5848054c445d">[email&#160;protected]</a>.
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:
<a href="/cdn-cgi/l/email-protection#a0c8ccc9cde0c3d0d3c38ec7cfd6">[email&#160;protected]</a>.
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:
<a href="/cdn-cgi/l/email-protection#caababa0a5a2a4b9a5a48aa9bab9a9e4ada5bc">[email&#160;protected]</a>.
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:
<a href="/cdn-cgi/l/email-protection#116b777e6265746351726162723f767e67">[email&#160;protected]</a>.
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:
<a href="/cdn-cgi/l/email-protection#295d5a44405d41694a595a4a074e465f">[email&#160;protected]</a>.
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: <a href="/cdn-cgi/l/email-protection#7f1c0f1e0a133f1c0f0c1c51181009">[email&#160;protected]</a>.
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:

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

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