17000 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Chapter 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 regulatory actions that the 

Commission expects to be under 

development or review by the agency 

during the next year. This document 

meets the requirements of the 

Regulatory Flexibility Act and Executive 

Order 12866. 

DATES: The Commission welcomes 

comments on the agenda and on the 

individual agenda entries. Submit 

comments to the Division of the 

Secretariat on or before April 30, 2021. 

ADDRESSES: Caption comments on the 

regulatory agenda, ‘‘Regulatory 

Flexibility Agenda.’’ You can submit 

comments by email to: cpsc-os@

cpsc.gov. You can also submit 

comments by mail or delivery to the 

Division of the Secretariat, U.S. 

Consumer Product Safety Commission, 

Room 820, 4330 East-West Highway, 

Bethesda, MD 20814–4408. 

FOR FURTHER INFORMATION CONTACT: For 

further information on the agenda, in 

general, contact Meridith L. Kelsch, 

Office of the General Counsel, U.S. 

Consumer Product Safety Commission, 

4330 East-West Highway, Bethesda, MD 

20814–4408, mkelsch@cpsc.gov. For 

further information regarding a 

particular item on the agenda, contact 

the person listed in the column titled, 

‘‘Contact,’’ for that particular item. 

SUPPLEMENTARY INFORMATION: The 

Regulatory Flexibility Act (RFA; 5 

U.S.C. 601–612) contains several 

provisions intended to reduce 

unnecessary and disproportionate 

regulatory requirements on small 

businesses, small governmental 

organizations, and other small entities. 

Section 602 of the RFA requires each 

agency to publish, twice a year, a 

regulatory flexibility agenda containing 

‘‘a brief description of the subject area 

of any rule which the agency expects to 

propose or promulgate which is likely to 

have a significant economic impact on 

a substantial number of small entities.’’ 

5 U.S.C. 602. The agency must provide 

a summary of the nature of the rule, the 

objectives and legal basis for the rule, 

and an approximate schedule for acting 

on each rule for which the agency has 

issued a notice of proposed rulemaking. 

Id. In addition, the regulatory flexibility 

agenda must contain the name and 

telephone number of an agency official 

who is knowledgeable about the items 

listed. Id. Agencies must attempt to 

provide notice of their agendas to small 

entities and solicit their comments, 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 (Sept. 

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 regulatory activities the agency 

expects to be under development or 

review during the next 12 months, 

regardless of whether they may have a 

significant economic impact on a 

substantial number of small entities. 

This agenda also includes regulatory 

activities that the Commission listed in 

the spring 2020 agenda and has 

completed prior to 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 the development 

or completion of 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: www.reginfo.gov, in 

a format that allows users to obtain 

information from the agenda database. 

Because agencies must publish in the 

Federal Register the regulatory 

flexibility agenda required by the RFA 

(5 U.S.C. 602), the Commission’s 

printed agenda entries include only: 

(1) Rules that are in the agency’s 

regulatory flexibility agenda, in 

accordance with the RFA, because they 

are likely to have a significant economic 

impact on a substantial number of small 

entities; and 

(2) Rules that the agency has 

identified for periodic review under 

section 610 of the RFA. 

The entries in the Commission’s 

printed agenda are limited to fields that 

contain information that the RFA 

requires in an agenda. Additional 

information on these entries is available 

in the Unified Agenda published on the 

internet. 

The agenda reflects the Commission’s 

assessment of the likelihood that the 

specified event will occur during the 

next year; the precise dates for each 

rulemaking are uncertain. New 

information, changes of circumstances, 

or changes in the law, may alter 

anticipated timing. In addition, you 

should not infer from this agenda a final 

determination by the Commission or its 

staff regarding the need for, or the 

substance of, any rule or regulation. 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

CONSUMER PRODUCT SAFETY COMMISSION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

410 .................... Regulatory Options for Table Saws (Reg Plan Seq No. 124) ........................................................................ 3041–AC31 

411 .................... Recreational Off-Road Vehicles ....................................................................................................................... 3041–AC78 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

CONSUMER PRODUCT SAFETY COMMISSION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

412 .................... Portable Generators ......................................................................................................................................... 3041–AC36 


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CONSUMER PRODUCT SAFETY COMMISSION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

413 .................... Standard for Gates and Other Enclosures ...................................................................................................... 3041–AD44 

CONSUMER PRODUCT SAFETY 

COMMISSION (CPSC) 

Final Rule Stage 

410. Regulatory Options for Table Saws 

Regulatory Plan: This entry is Seq. 

No. 124 in part II of this issue of the 

Federal Register. 

RIN: 3041–AC31 

411. Recreational Off-Road Vehicles 

E.O. 13771 Designation: Independent 

agency. 

Legal Authority: 15 U.S.C. 2056; 15 

U.S.C. 2058 

Abstract: The Commission is 

considering whether recreational offroad vehicles (ROVs) present an 

unreasonable risk of injury that should 

be regulated. Staff conducted testing 

and evaluation programs to develop 

performance requirements addressing 

vehicle stability, vehicle handling, and 

occupant protection. In 2014, the 

Commission issued an NPRM proposing 

standards addressing vehicle stability, 

vehicle handling, and occupant 

protection. Congress directed in fiscal 

year 2016, and reaffirmed in subsequent 

fiscal year appropriations, that none of 

the amounts made available by the 

Appropriations Bill may be used to 

finalize or implement the proposed 

Safety Standard for Recreational OffHighway 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 OffHighway 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 FY 2020 Operating Plan, the 

Commission directed staff to prepare a 

rulemaking termination briefing 

package. Staff is working on a 

rulemaking termination briefing 

package. 

Timetable: 

Action Date FR Cite 

Staff Sends 

ANPRM Briefing Package to 

Commission.

10/07/09 

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 

Commission.

09/24/14 

Staff Sends Supplemental Information on 

ROVs to Commission.

10/17/14 

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 

Assessing Voluntary Standards to Commission.

11/22/16 

Commission Decision Not to Terminate.01/25/17 

Staff Sends Briefing Package to 

Commission.

11/00/20 

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: cpaul@

cpsc.gov. 

RIN: 3041–AC78 

CONSUMER PRODUCT SAFETY 

COMMISSION (CPSC) 

Long-Term Actions 

412. Portable Generators 

E.O. 13771 Designation: Independent 

agency. 

Legal Authority: 15 U.S.C. 2051 

Abstract: In 2006, the Commission 

issued an advance notice of proposed 

rulemaking (ANPRM) under the 

Consumer Product Safety Act (CPSA) 

concerning portable generators. The 

ANPRM discussed regulatory options 

that could reduce deaths and injuries 

related to portable generators, 

particularly those involving carbon 

monoxide (CO) poisoning. In FY 2006, 

staff awarded a contract to develop a 

prototype generator engine with 

reduced CO in the exhaust. Also, in FY 

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 FY 

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 emissions 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. Staff considered those 

comments and revised the plan and is 

now executing it. In August 2020, staff 

submitted to the Commission a draft 

notice of availability of the modified 

plan for evaluating the voluntary 


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standards; the Commission published 

the notice of availability in August 

2020. 

Timetable: 

Action Date FR Cite 

Staff Sent 

ANPRM to 

Commission.

07/06/06 

Staff Sent Supplemental Material 

to Commission.

10/12/06 

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 Comment.

10/10/12 

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 to the 

Commission.

06/26/19 

Commission Decision.07/02/19 

Notice of Availability.07/09/19 84 FR 32729 

Staff Sends Notice of Availability to Commission.08/12/20 

Commission Decision.08/19/20 

Notice of Availability.08/24/20 85 FR 52096 

Action Date FR Cite 

Staff Report on 

Evaluation of 

Voluntary 

Standards.

To Be Determined 

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: jbuyer@

cpsc.gov. 

RIN: 3041–AC36 

CONSUMER PRODUCT SAFETY 

COMMISSION (CPSC) 

Completed Actions 

413. Standard for Gates and Other 

Enclosures 

E.O. 13771 Designation: Independent 

agency. 

Legal Authority: Pub. L. 110–314, sec. 

104 

Abstract: Section 104 of the Consumer 

Product Safety Improvement Act of 

2008 (CPSIA) requires the Commission 

to issue consumer product safety 

standards for durable infant or toddler 

products. The Commission is directed to 

assess the effectiveness of applicable 

voluntary standards, and in accordance 

with the Administrative Procedure Act, 

promulgate consumer product safety 

standards that are the same as the 

voluntary standard or more stringent 

than the voluntary standard if the 

Commission determines that more 

stringent standards would further 

reduce the risk of injury associated with 

the product. The Commission issued a 

notice of proposed rulemaking (NPRM) 

for gates and enclosures as part of this 

series of standards for durable infant or 

toddler products. Staff provided a final 

rule briefing package to the Commission 

in May 2020, and the Commission voted 

to approve the final rule, which was 

published in the Federal Register in 

July 2020. The final rule becomes 

effective in July 2021. 

Timetable: 

Action Date FR Cite 

Staff Sends 

NPRM Briefing 

Package to 

Commission.

06/19/19 

Commission Decision.06/25/19 

NPRM .................. 07/08/19 84 FR 32346 

Staff Sends Final 

Rule Briefing 

Package to 

Commission.

05/27/20 

Commission Decision.06/02/20 

Final Rule ............ 07/06/20 85 FR 40100 

Final Rule Effective.07/06/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Hope Nesteruk, 

Project Manager, Directorate for 

Engineering Sciences, Consumer 

Product Safety Commission, 5 Research 

Place, Rockville, MD 20850, Phone: 301 

987–2579, Email: hnesteruk@cpsc.gov. 

RIN: 3041–AD44 

[FR Doc. 2021–04330 Filed 3–30–21; 8:45 am] 

BILLING CODE 6355–01–P 


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