Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Proposed Rules 5439 

1The requirements for battery package labeling 

were published separately from the requirements 

for consumer products that contain or use button 

cell or coin batteries because the Commission 

adopted battery compartment requirements for 

consumer products from ANSI/UL 4200A, Standard 

for Safety for Products Incorporating Button 

Batteries or Coin Cell Batteries, approved on August 

30, 2023 (UL 4200A–2023), which does not address 

battery package labeling. 

2On January 17, 2024, the Commission voted (3– 

1) to publish this notice. 

https://www.regulations.gov. Do not 

submit through this website: 

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/ 

confidential written submissions. 

Docket: For access to the docket to 

read background documents or 

comments received, go to: https://

www.regulations.gov, and insert the 

docket number, CPSC–2024–0004, into 

the ‘‘Search’’ box, and follow the 

prompts. 

FOR FURTHER INFORMATION CONTACT: 

Alberta E. Mills, Secretary, Consumer 

Product Safety Commission, 4330 EastWest Highway, Bethesda, MD 20814; 

telephone: 301–504–7479; cpsc-os@

cpsc.gov. 

SUPPLEMENTARY INFORMATION: On 

September 21, 2023, as part of its 

implementation of Reese’s Law (Pub. L. 

117–171, 15 U.S.C. 2056e), the 

Commission published a Safety 

Standard for Button Cell or Coin 

Batteries and Consumer Products 

Containing Such Batteries, codified at 

16 CFR part 1263. 88 FR 65296 (battery 

package labeling); 88 FR 65274 

(consumer products).1 2 As proposed in 

the notice of proposed rulemaking (88 

FR 8692 (Feb. 9, 2023)), the final rule for 

battery package labeling requires that 

packages of button cell or coin batteries 

contain on their principal display panel 

a warning label with text required to 

meet Reese’s Law, and a ‘‘Keep out of 

Reach’’ icon at least 8 mm in diameter. 

However, if space prohibits the full 

warning with the ‘‘Keep out of Reach’’ 

icon in accordance with the text 

formatting requirements, the packaging 

is alternatively required to use the 

‘‘Keep out of Reach’’ icon on the 

principal display panel and the warning 

text must be placed on the secondary 

display panel. In this instance, the icon 

must be at least 20 mm (0.79 in.) in 

diameter for visibility. 16 CFR 

1263.4(b)(2)). 

On November 1, 2023, the 

Commission received a petition from 

Elliott Alexander (Petitioner), President 

of Micropower Battery Company. The 

Petition requests the Commission to 

modify the rule for battery package 

labeling to allow for a smaller ‘‘Keep out 

of Reach’’ icon when space prohibits the 

full warning on the principal display 

panel, suggesting a minimum icon size 

of 8 mm, and allowing a scaled icon 

depending on the size of the packaging 

up to a 20 mm icon. The Petition 

includes example images of existing 

battery packaging to demonstrate space 

limitations. The Petition alleges that 

existing packaging has been made childresistant, but if a 20 mm icon is required 

on the front of the package, then 

manufacturers will collectively be 

required to spend millions of dollars on 

production of larger packages and 

different package configurations. The 

Petition also questions why an 

additional ‘‘Keep out of Reach’’ icon is 

necessary on the front packaging when 

batteries 16 mm and larger already 

include the same icon on each battery, 

which is visible through the packaging. 

The Petition requests an amendment 

to the final rule to allow ‘‘Keep out of 

Reach’’ icons on the primary display 

panel to be between 8 to 20 mm, 

depending on the packaging, and 

alternatively to allow the words ‘‘Keep 

Away from Children’’ on the front of 

battery packaging. In a December 28, 

2023, letter to Commission staff 

(Follow-Up Letter), the Petitioner 

further explains why he believes battery 

packaging cannot be reconfigured to 

allow space for a 20 mm icon on the 

principal display panel, and provides a 

proposed sliding scale for ‘‘Keep out of 

Reach’’ icon sizes from 7 to 40 mm. 

The Petition and the Follow-Up Letter 

are available at: http://

www.regulations.gov, under Docket No. 

CPSC–2024–0004, Supporting and 

Related Materials. Alternatively, 

interested parties may obtain a copy of 

the Petition and the Follow-Up Letter by 

writing or calling the Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East-West Highway, 

Bethesda, MD 20814; telephone: 301– 

504–7479; cpsc-os@cpsc.gov. The 

Commission seeks comment on all 

aspects of the Petition and the FollowUp Letter, including: 

• Whether the Petition presents any 

issues or evidence that could not have 

been presented to the Commission 

during the comment period on the 

notice of proposed rulemaking, prior to 

adoption of the final rule establishing 

the requirement for a 20 mm ‘‘Keep out 

of Reach’’ icon. See Comment 

Summaries A and B, 88 FR at 65300 

(noting comments stating similar 

concerns to those identified in the 

Petition); and 

• Whether, if a 20 mm ‘‘Keep out of 

Reach’’ icon in sticker format is used on 

the outside of battery packaging, 

including over a packaged battery, to 

meet the requirements of the current 

rule, the permanency of such a sticker 

should be tested in accordance with the 

permanency test in UL 4200A or 

another standard, and whether such a 

sticker could be a cost-effective way to 

meet the product safety requirement for 

small packages. 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2024–01235 Filed 1–26–24; 8:45 am] 

BILLING CODE 6355–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[WC Docket No. 17–84; Report No. 3209; 

FR ID 198691] 

Petitions for Reconsideration of Action 

in Rulemaking Proceeding 

AGENCY: Federal Communications 

Commission. 

ACTION: Petition for Reconsideration. 

SUMMARY: Petition for Reconsideration 

(Petitions) have been filed in the 

Commission’s proceeding Aryeh B. 

Fishman, on behalf of Edison Electric 

Institute. 

DATES: Oppositions to the Petitions 

must be filed on or before February 13, 

2024. Replies to oppositions must be 

filed on or before February 8, 2024. 

ADDRESSES: Federal Communications 

Commission, 45 L Street NE, 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Michael Ray of the 

Wireline Competition Bureau, 

Competition Policy Division, at (202) 

418–0357 or Michael.Ray@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

document, Report No. 3209, released 

January 22, 2024. The full text of the 

Petitions can be accessed online via the 

Commission’s Electronic Comment 

Filing System at: http://apps.fcc.gov/ 

ecfs/. The Commission will not send a 

Congressional Review Act (CRA) 

submission to Congress or the 

Government Accountability Office 

pursuant to the CRA, 5 U.S.C. 

801(a)(1)(A), because no rules are being 

adopted by the Commission. 

Subject: Accelerating Wireline 

Broadband Deployment by Removing 


ddrumheller on DSK120RN23PROD with PROPOSALS1
5440 Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Proposed Rules 

Barriers to Infrastructure Investment 

(WC Docket No. 17–84). 

Number of Petitions Filed: 1. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2024–01633 Filed 1–26–24; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2 and 30 

[ET Docket No. 21–286; FCC 23–114; FR 

ID 198341] 

Modifying Emissions Limits for the 

24.25–24.45 GHz and 24.75–25.25 GHz 

Bands 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; solicitation of 

comment. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) proposes to implement 

certain decisions regarding the 24.25– 

27.5 GHz band made in the World 

Radiocommunication Conference held 

by the International Telecommunication 

Union (ITU) in 2019 (WRC–19). 

Specifically, the Commission proposes 

to align part 30 of the Commission’s 

rules for mobile operations with the 

Resolution 750 limits on unwanted 

emissions into the passive 23.6–24.0 

GHz band that were adopted at WRC– 

19. These proposed rule changes would 

help to facilitate the protection of 

passive sensors used for weather 

forecasting and scientific research in the 

23.6 GHz–24.0 GHz band, while 

continuing to promote flexible 

commercial use of the 24.25–24.45 GHz 

and 24.75–25.25 GHz bands 

(collectively, 24 GHz band). The 

Commission also seeks comment on 

alternatives to the proposals it makes, 

and on other related issues. 

DATES: Comments are due on or before 

February 28, 2024; reply comments are 

due on or before March 14, 2024. 

Written comments on the Initial 

Regulatory Flexibility Analysis (IRFA) 

in this document must have a separate 

and distinct heading designating them 

as responses to the IRFA and must be 

submitted by the public on or before 

February 28, 2024. 

ADDRESSES: Pursuant to §§ 1.415 and 

1.419 of the Commission’s rules, 47 CFR 

1.415, 1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated on the first 

page of this document. Comments may 

be filed using the Commission’s 

Electronic Comment Filing System 

(ECFS). See Electronic Filing of 

Documents in Rulemaking Proceedings, 

63 FR 24121 (1998). You may submit 

comments, identified by ET Docket No. 

21–186, by any of the following 

methods: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: http://www.fcc.gov/ 

ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. Filings can be 

sent by commercial overnight courier, or 

by first-class or overnight U.S. Postal 

Service mail. All filings must be 

addressed to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

• Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

See FCC Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand-Delivery Policy, Public 

Notice, 35 FCC Rcd 2788, 2788–89 (OS 

2020), https://www.fcc.gov/document/ 

fcc-closes-headquarters-open-windowand-changes-hand-delivery-policy. 

People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, computer diskettes, audio 

recordings), send an email to fcc504@

fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (TTY). 

FOR FURTHER INFORMATION CONTACT: 

Simon Banyai of the Wireless 

Telecommunications Bureau, 

Broadband Division, at 202–418–1443 

or Simon.Banyai@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rulemaking (NPRM), in ET 

Docket No. 21–186, FCC 23–114; 

adopted on December 12, 2023 and 

released on December 22, 2023. The full 

text of this document is available at 

https://docs.fcc.gov/public/ 

attachments/FCC-23-114A1.pdf. 

Regulatory Flexibility Act: The 

Regulatory Flexibility Act of 1980, as 

amended (RFA), requires that an agency 

prepare a regulatory flexibility analysis 

for notice-and-comment rulemaking 

proceedings, unless the agency certifies 

that ‘‘the rule will not, if promulgated, 

have a significant economic impact on 

a substantial number of small entities.’’ 

The Commission seeks comment on 

potential rule and policy changes 

contained in the NPRM, and 

accordingly, has prepared an IRFA. The 

IRFA for this NPRM in ET Docket No. 

21–286 is set forth below in this 

document and written public comments 

are requested. Comments must be filed 

by the deadlines for comments on the 

NPRM indicated under the DATES

section of this document and must have 

a separate and distinct heading 

designating them as responses to the 

IRFA. The Commission reminds 

commenters to file in the appropriate 

docket: ET Docket No. 21–286. 

Ex Parte Rules: The proceeding shall 

be treated as a ‘‘permit-but-disclose’’ 

proceeding in accordance with the 

Commission’s ex parte rules. Persons 

making ex parte presentations must file 

a copy of any written presentation or a 

memorandum summarizing any oral 

presentation within two business days 

after the presentation (unless a different 

deadline applicable to the Sunshine 

period applies). Persons making oral ex 

parte presentations are reminded that 

memoranda summarizing the 

presentation must (1) list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made, and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenter’s 

written comments, memoranda, or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with rule 

1.1206(b). In proceedings governed by 

rule 1.49(f) or for which the 

Commission has made available a 

method of electronic filing, written ex 

parte presentations and memoranda 

summarizing oral ex parte 

presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 


ddrumheller on DSK120RN23PROD with PROPOSALS1