[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 [www.gpo.gov]
[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.

-----------------------------------------------------------------------

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 
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
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
512.......................  Regulatory Options for             3041-AC31
                             Table Saws (Reg Plan Seq
                             No. 230).
------------------------------------------------------------------------
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
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
513.......................  Portable Generators (Reg           3041-AC36
                             Plan Seq No. 232).
------------------------------------------------------------------------
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
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
514.......................  Recreational Off-Road              3041-AC78
                             Vehicles.
------------------------------------------------------------------------


          Consumer Product Safety Commission--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
515.......................  Petition Requesting a Ban          3041-AD30
                             or Standard on Adult
                             Portable Bed Rails.
------------------------------------------------------------------------

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:

------------------------------------------------------------------------
               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#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:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
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
------------------------------------------------------------------------

    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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