9670 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 

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 March 11, 2024. 

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 

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, MRogers@cpsc.gov. 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 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 (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

Sequence No. Title Regulation 

Identifier No. 

512 .................... Regulatory Options for Table Saws (Reg Plan Seq No. 230) ........................................................................ 3041–AC31 

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

Sequence No. Title Regulation 

Identifier No. 

513 .................... Portable Generators (Reg Plan Seq No. 232) ................................................................................................ 3041–AC36 

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


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Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 9671 

CONSUMER PRODUCT SAFETY COMMISSION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

CONSUMER PRODUCT SAFETY COMMISSION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

515 .................... Petition Requesting a Ban or Standard on Adult Portable Bed Rails ............................................................. 3041–AD30 

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 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 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 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 

Action Date FR Cite 

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.

09/16/20 

Commission Decision: Majority 

Not Reached, 

No Action Will 

be Taken.

09/22/20 

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: cpaul@

cpsc.gov. 

RIN: 3041–AC78 


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9672 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 

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: 

Action Date FR Cite 

Petition Docketed 05/15/13 

Notice for Comment Published 

in Federal Register.

06/04/13 78 FR 33393 

Comment Period 

End.

08/05/13 

Staff Sends Briefing Package to 

Commission.

04/23/14 

Commission 

Voted to Defer 

the Petition.

05/01/14 

Staff Provided 

Commission a 

6-Month Update 

on the Voluntary Standards Process.

11/04/14 

Staff Provided 

Commission a 

12-Month Update on Voluntary Standards.

04/22/15 

Staff Provided 

Commission a 

9-Month Update 

on Voluntary 

Standards Process.

02/03/16 

Action Date FR Cite 

Staff Provided 

Commission 

Update on Voluntary Standards Process.

09/27/16 

Staff Provided 

Commission 

Update on Voluntary Standards Process.

09/27/17 

Staff Sends Status Briefing 

Package to 

Commission.

07/15/20 

Staff Sends Briefing Package to 

Commission.

03/09/22 

Commission Decision on Petition.03/15/22 

Staff Sends 

NPRM Briefing 

Package to 

Commission.

09/21/22 

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 

package to 

Commission.

06/28/23 

Final Rule ............ 07/21/23 88 FR 46958 

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: vdayal@cpsc.gov. 

RIN: 3041–AD30 

[FR Doc. 2024–00465 Filed 2–8–24; 8:45 am] 

BILLING CODE 6355–01–P 


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