Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Proposed Rules 913 

standard free of charge by contacting 

Alberta E. Mills, Division of the 

Secretariat, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814; 

telephone: 301–504–7479; email: cpscos@cpsc.gov. 

XI. Request for Comments 

The Commission invites interested 

persons to submit their comments to the 

Commission on any aspect of the 

proposed rule. Comments should be 

submitted as provided in the 

instructions in the ADDRESSES section at 

the beginning of this notice. 

List of Subjects in 16 CFR Part 1120 

Administrative practice and 

procedure, Clothing, Consumer 

protection, Cord sets, Extension cords, 

Household appliances, Lighting, 

Window coverings, Cords, Infants and 

children, Imports, Incorporation by 

reference. 

For the reasons stated above, and 

under the authority of 15 U.S.C. 2064(j), 

5 U.S.C. 553, and section 3 of Public 

Law 110–314, 122 Stat. 3016 (August 

14, 2008), the Consumer Product Safety 

Commission proposes to amend 16 CFR 

part 1120 as follows: 

PART 1120—SUBSTANTIAL PRODUCT 

HAZARD LIST 

■ 1. The authority citation for part 1120 

continues to read as follows: 

Authority: 15 U.S.C. 2064(j). 

■ 2. Amend § 1120.2 by adding 

paragraphs (f) and (g) to read as follows: 

§ 1120.2 Definitions. 

* * * * * 

(f) Stock window covering (also 

known as a stock blind, shade, or 

shading) defined in section 3, definition 

5.02, of ANSI/WCMA A100.1–2018, is a 

window covering that is completely or 

substantially fabricated prior to being 

distributed in commerce and is a 

specific stock-keeping unit (SKU). Even 

when the seller, manufacturer, or 

distributor modifies a pre-assembled 

product by adjusting to size, attaching 

the top rail or bottom rail, or tying cords 

to secure the bottom rail, the product is 

still considered stock. Online sales of 

the product or the size of the order such 

as multi-family housing do not make the 

product a non-stock product. These 

examples are provided in ANSI/WCMA 

A100.1–2018 to clarify that as long as 

the product is ‘‘substantially 

fabricated,’’ subsequent changes to the 

product do not change its 

categorization. 

(g) Custom window covering (also 

known as a custom blind, shade, or 

shading) defined in section 3, definition 

5.01, of ANSI/WCMA A100.1–2018, is a 

window covering that does not meet the 

definition of a stock window covering. 

■ 3. Amend § 1120.3 by adding 

paragraphs (e) and (f) to read as follows: 

§ 1120.3 Products deemed to be 

substantial product hazards. 

* * * * * 

(e) Stock window coverings that fail to 

comply with one or more of the 

following requirements of ANSI/WCMA 

A100.1–2018: 

(1) Operating cord requirements in 

section 4.3.1: section 4.3.1.1 (cordless 

operating system), 4.3.1.2 (short static or 

access cord), or 4.3.1.3 (inaccessible 

operating cord); 

(2) Inner cord requirements in 

sections 4.5, 6.3, 6.7, and Appendices C 

and D; and 

(3) On-product manufacturer label 

requirement in section 5.3. 

(f) Custom window coverings that fail 

to comply with one or more of the 

following requirements of ANSI/WCMA 

A100.1–2018: 

(1) Inner cord requirements in 

sections 4.5, 6.3, 6.7, and Appendices C 

and D; and 

(2) On-product manufacturer label in 

section 5.3. 

■ 4. Amend § 1120.4 by adding 

paragraph (d) to read as follows: 

§ 1120.4 Standards incorporated by 

reference. 

* * * * * 

(d) Window Covering Manufacturers 

Association, Inc. 355 Lexington Avenue, 

New York, New York 10017. telephone: 

212.297.2122. http://wcmanet.com. 

(1) ANSI/WCMA A100.1–2018. 

American National Standard For Safety 

Of Corded Window Covering Products, 

IBR approved for §§ 1102.2(f) and (g), 

and §§ 1120.3 (e) and (f). 

(2) [Reserved] 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2021–27897 Filed 1–6–22; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 112 

[Docket No. FDA–2021–N–0471] 

Standards for the Growing, Harvesting, 

Packing, and Holding of Produce for 

Human Consumption Relating to 

Agricultural Water; Proposed Rule; 

Public Meetings; Request for 

Comments 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notification of public meetings; 

request for comments. 

SUMMARY: The Food and Drug 

Administration (FDA, the Agency, or 

we) is announcing two virtual public 

meetings entitled ‘‘Standards for the 

Growing, Harvesting, Packing, and 

Holding of Produce for Human 

Consumption Relating to Agricultural 

Water.’’ The purpose of the public 

meetings is to discuss the proposed rule 

entitled ‘‘Standards for the Growing, 

Harvesting, Packing, and Holding of 

Produce for Human Consumption 

Relating to Agricultural Water,’’ which 

was issued under the FDA Food Safety 

Modernization Act (FSMA). These 

public meetings are intended to 

facilitate and support the public’s 

evaluation and commenting process on 

the proposed rule. 

DATES: The public meetings will be held 

virtually on February 14, 2022, from 

11:45 a.m. Eastern Time to 7:45 p.m. 

Eastern Time and February 25, 2022, 

from 8:45 a.m. Eastern Time to 4:45 p.m. 

Eastern Time. Submit either electronic 

or written comments on the proposed 

rule ‘‘Standards for the Growing, 

Harvesting, Packing, and Holding of 

Produce for Human Consumption 

Relating to Agricultural Water’’ by April 

5, 2022. See ‘‘How to Participate in the 

Public Meetings’’ in the SUPPLEMENTARY

INFORMATION section of this document 

for closing dates for advanced 

registration and other information 

regarding meeting participation. 

ADDRESSES: Due to the impact of the 

COVID–19 pandemic, these meetings 

will be held virtually to help protect the 

public and limit the spread of the virus. 

You may submit comments as 

follows. Please note that late, untimely 

filed comments will not be considered. 

Electronic comments must be submitted 

on or before April 5, 2022. The https:// 

www.regulations.gov electronic filing 

system will accept comments until 

11:59 p.m. Eastern Time at the end of 


tkelley on DSK125TN23PROD with PROPOSED RULES
914 Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Proposed Rules 

1The produce safety regulation refers to preharvest agricultural water used during sprout 

production as ‘‘sprout irrigation water.’’ 

2Because sprouts present a unique safety risk, the 

produce safety regulation establishes sproutspecific requirements on multiple topics, including 

agricultural water. 

April 5, 2022. Comments received by 

mail/hand delivery/courier (for written/ 

paper submissions) will be considered 

timely if they are postmarked or the 

delivery service acceptance receipt is on 

or before that date. 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

Comments submitted electronically, 

including attachments, to https://

www.regulations.gov will be posted to 

the docket unchanged. Because your 

comment will be made public, you are 

solely responsible for ensuring that your 

comment does not include any 

confidential information that you or a 

third party may not wish to be posted, 

such as medical information, your or 

anyone else’s Social Security number, or 

confidential business information, such 

as a manufacturing process. Please note 

that if you include your name, contact 

information, or other information that 

identifies you in the body of your 

comments, that information will be 

posted on https://www.regulations.gov. 

• If you want to submit a comment 

with confidential information that you 

do not wish to be made available to the 

public, submit the comment as a 

written/paper submission and in the 

manner detailed (see ‘‘Written/Paper 

Submissions’’ and ‘‘Instructions’’). 

Written/Paper Submissions 

Submit written/paper submissions as 

follows: 

• Mail/Hand Delivery/Courier (for 

written/paper submissions): Dockets 

Management Staff (HFA–305), Food and 

Drug Administration, 5630 Fishers 

Lane, Rm. 1061, Rockville, MD 20852. 

• For written/paper comments 

submitted to the Dockets Management 

Staff, FDA will post your comment, as 

well as any attachments, except for 

information submitted, marked and 

identified, as confidential, if submitted 

as detailed in ‘‘Instructions.’’ 

Instructions: All submissions received 

must include the Docket No. FDA– 

2021–N–0471 for the proposed rule 

‘‘Standards for the Growing, Harvesting, 

Packing, and Holding of Produce for 

Human Consumption Relating to 

Agricultural Water.’’ Received 

comments, those filed in a timely 

manner (see ADDRESSES), will be placed 

in the docket and, except for those 

submitted as ‘‘Confidential 

Submissions,’’ publicly viewable at 

https://www.regulations.gov or at the 

Dockets Management Staff between 

9 a.m. and 4 p.m., Monday through 

Friday, 240–402–7500. 

• Confidential Submissions—To 

submit a comment with confidential 

information that you do not wish to be 

made publicly available, submit your 

comments only as a written/paper 

submission. You should submit two 

copies total. One copy will include the 

information you claim to be confidential 

with a heading or cover note that states 

‘‘THIS DOCUMENT CONTAINS 

CONFIDENTIAL INFORMATION.’’ The 

Agency will review this copy, including 

the claimed confidential information, in 

its consideration of comments. The 

second copy, which will have the 

claimed confidential information 

redacted/blacked out, will be available 

for public viewing and posted on 

https://www.regulations.gov. Submit 

both copies to the Dockets Management 

Staff. If you do not wish your name and 

contact information to be made publicly 

available, you can provide this 

information on the cover sheet and not 

in the body of your comments and you 

must identify this information as 

‘‘confidential.’’ Any information marked 

as ‘‘confidential’’ will not be disclosed 

except in accordance with 21 CFR 10.20 

and other applicable disclosure law. For 

more information about FDA’s posting 

of comments to public dockets, see 80 

FR 56469, September 18, 2015, or access 

the information at: https://

www.govinfo.gov/content/pkg/FR-2015- 

09-18/pdf/2015-23389.pdf. 

Docket: For access to the docket to 

read background documents or the 

electronic and written/paper comments 

received, go to https://

www.regulations.gov and insert the 

docket number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Dockets Management 

Staff, 5630 Fishers Lane, Rm. 1061, 

Rockville, MD 20852, 240–402–7500. 

FOR FURTHER INFORMATION CONTACT: For 

general questions about the public 

meetings or for special accommodations 

due to a disability, contact Juanita 

Yates, Center for Food Safety and 

Applied Nutrition (HFS–009), Food and 

Drug Administration, 5001 Campus Dr., 

College Park, MD 20740, 240–402–1731, 

Juanita.Yates@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Congress enacted FSMA (Pub. L. 111– 

353) in 2011 in response to dramatic 

changes in the global food system and 

in our understanding of foodborne 

illness. FSMA transformed the nation’s 

food safety system by shifting the focus 

from responding to foodborne illness to 

preventing it. 

In November 2015, FDA issued the 

‘‘Standards for the Growing, Harvesting, 

Packing, and Holding of Produce for 

Human Consumption’’ rule (80 FR 

74354, November 27, 2015) (2015 

produce safety final rule) (codified at 

part 112 (21 CFR part 112)), which 

established science-based minimum 

standards for the safe growing, 

harvesting, packing, and holding of 

fruits and vegetables grown for human 

consumption. The provisions of the rule 

focus on addressing major routes of 

microbial contamination—including 

agricultural water; biological soil 

amendments; domesticated and wild 

animals; worker health and hygiene; 

and equipment, buildings, and tools. 

Part 112, subpart E in the 2015 

produce safety final rule, which outlines 

standards for agricultural water, 

includes a general requirement that 

agricultural water must be safe and 

adequate for its intended uses 

(§ 112.41). It also includes microbial 

water quality criteria (§ 112.44) and 

requirements for testing certain water 

sources (§ 112.46). The microbial quality 

criteria are based on the intended use of 

the agricultural water, such as for 

growing activities for covered produce 

other than sprouts (including irrigation 

water applied using direct water 

application methods and water used in 

preparing crop sprays) (commonly 

referred to as ‘‘pre-harvest agricultural 

water’’),1 and for certain other specified 

uses, including sprout irrigation water 

and water applications that directly 

contact covered produce during or after 

harvest.2 Since finalizing the rule, 

however, we have received consistent 

feedback from stakeholders expressing 

concern about the complexity of and 

implementation challenges with certain 

agricultural water requirements. 

Accordingly, in the Federal Register 

of December 6, 2021 (86 FR 69120), FDA 

published the proposed rule entitled 

‘‘Standards for the Growing, Harvesting, 

Packing, and Holding of Produce for 

Human Consumption Relating to 

Agricultural Water’’ (2021 agricultural 

water proposed rule). This proposed 

rule would amend the agricultural water 

provisions of the produce safety 

regulation to replace the microbial 

criteria and testing requirements for preharvest agricultural water for covered 

produce (other than sprouts) that 


tkelley on DSK125TN23PROD with PROPOSED RULES
Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Proposed Rules 915 

covered farms have found to be complex 

and challenging to implement, with 

provisions for comprehensive 

assessments of pre-harvest agricultural 

water systems, practices, and on-farm 

conditions. 

The proposed agricultural water 

assessments would provide additional 

flexibility to covered farms, using a 

systems-based approach that would be 

feasible to implement across the wide 

variety of pre-harvest agricultural water 

systems, uses, and farm operations and 

would be adaptable as scientific 

understanding of agricultural water 

quality expands in the future. We also 

are proposing to require expedited 

mitigation for hazards related to certain 

activities associated with adjacent and 

nearby land in light of findings from 

several recent produce outbreak 

investigations. 

These proposed revisions to the 

produce safety regulation, if finalized, 

would set forth requirements for 

comprehensive pre-harvest agricultural 

water assessments and mitigation 

measures that minimize the risk of 

serious adverse health consequences or 

death, including those reasonably 

necessary to prevent the introduction of 

known or reasonably foreseeable 

biological hazards into or onto produce, 

and to provide reasonable assurances 

that the produce is not adulterated on 

account of these hazards. 

FDA is announcing two virtual public 

meetings entitled ‘‘Standards for the 

Growing, Harvesting, Packing, and 

Holding of Produce for Human 

Consumption Relating to Agricultural 

Water’’ so that stakeholders can better 

understand, evaluate, and comment on 

the proposed rule. These meetings will 

be held during the formal comment 

period on the proposed rule. The two 

public meetings will cover the same 

agenda items and are intended to 

facilitate and support the public’s 

evaluation and commenting process. 

II. Purpose and Format of the Public 

Meetings 

The purpose of the public meetings is 

to provide information and facilitate 

public comment on the proposed rule. 

We invite interested parties to provide 

information and offer comments related 

to the proposed rule. During the public 

meetings we will provide an overview 

of the current requirements that apply 

for pre-harvest agricultural water for 

non-sprout covered produce and discuss 

the proposed provisions for systemsbased pre-harvest agricultural water 

assessments that are designed to be 

more feasible to implement across the 

wide variety of agricultural water 

systems, uses, and practices, while also 

being adaptable to future advancements 

in agricultural water quality science and 

achieving improved public health 

protections. There will be an 

opportunity for questions, as well as an 

opportunity for open public comment. 

III. How to Participate in the Public 

Meetings 

There will be a total of two virtual 

public meetings with different 

timeframes, which will provide persons 

in different regions an opportunity to 

comment on the proposed rule. 

Table 1 provides information on 

participation in the public meetings. 

TABLE 1—INFORMATION ON PARTICIPATING IN THE PUBLIC MEETINGS AND ON SUBMITTING COMMENTS TO THE PROPOSED

RULE DOCKET

Activity Date Electronic address Other information 

First public meeting February 14, 2022; 11:45 a.m. to 7:45 

p.m. EST.

Webcast information will be sent upon 

completion of registration.

Webcast will have closed captioning. 

Request to make 

an oral presentation.

By February 2, 2022 ............................. https://www.fda.gov/food/news-eventscfsan/workshops-meetings-webinarsfood-and-dietary-supplements.

Notice confirming 

opportunity to 

make an oral 

presentation.

By February 4, 2022 ............................. ............................................................... An Agency representative will confirm 

the opportunity to make an oral presentation and will provide the approximate time on the public meeting 

agenda to do so. 

Second public 

meeting.

February 25, 2022; 8:45 a.m. to 4:45 

p.m. EST.

Webcast information will be sent upon 

completion of registration.

Webcast will have closed captioning. 

Request to make 

an oral presentation.

By February 11, 2022 ........................... https://www.fda.gov/food/news-eventscfsan/workshops-meetings-webinarsfood-and-dietary-supplements.

Notice confirming 

opportunity to 

make an oral 

presentation.

By February 15, 2022 ........................... ............................................................... An Agency representative will confirm 

the opportunity to make an oral presentation and will provide the approximate time on the public meeting 

agenda to do so. 

Submitting either 

electronic or written comments.

Submit comments by April 5, 2022 ...... https://www.regulations.gov .................. See ADDRESSES for additional information on submitting comments. 


tkelley on DSK125TN23PROD with PROPOSED RULES
916 Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Proposed Rules 

IV. Transcripts 

Please be advised that as soon as a 

transcript is available, it will be 

accessible at: https://

www.regulations.gov. You may also 

view the transcript at the Dockets 

Management Staff (see ADDRESSES). 

Dated: December 29, 2021. 

Lauren K. Roth, 

Associate Commissioner for Policy. 

[FR Doc. 2021–28503 Filed 1–6–22; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0661] 

RIN 1625–AA11 

Regulated Navigation Area; Offshore, 

Cape Canaveral, Florida 

AGENCY: Coast Guard, DHS. 

ACTION: Supplemental notice of 

proposed rulemaking. 

SUMMARY: On September 17, 2021, the 

Coast Guard published a notice of 

proposed rulemaking (NPRM) proposing 

to replace the existing safety zone in 

Captain of the Port (COTP) zone 

Jacksonville, Offshore Cape Canaveral, 

Florida with a regulated navigation area 

(RNA). Changes in the type and size of 

launch vehicles, rocket component 

recovery methods, and the increased 

frequency of launches now pose 

variable risks to marine traffic and 

require a more flexible regulatory tool. 

After considering comments received 

from the public, the Coast Guard is 

making modifications to the regulated 

area in the proposed rule. This 

supplemental notice requests comments 

on the revised proposal. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before February 7, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0661 using the Federal Decision 

Making Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Lieutenant 

Junior Grade Stephanie Miranda, 

Seventh District, Waterways 

Management Branch (Dpw), U.S. Coast 

Guard; telephone 305–415–6748, email 

stephanie.l.miranda@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

The Coast Guard proposes to replace 

the existing safety zone in 33 CFR 

165.775 titled, ‘‘Safety Zone; Captain of 

the Port Zone Jacksonville; Offshore 

Cape Canaveral, Florida’’ with a 

regulated navigation area (RNA). The 

existing safety zone established in 2009 

is composed of four large regulated 

areas and was established in 2009 with 

the intent of protecting marine traffic 

from the hazards associated with the 

launching of space vehicles, to expedite 

notification to the public, and to reduce 

the administrative workload of the Coast 

Guard. However, since the 

establishment of the safety zone in 

§ 165.775, changes in the type and size 

of launch vehicles, rocket component 

recovery methods, and the increased 

frequency of launches pose variable 

risks to marine traffic and require a 

more flexible regulatory tool. 

On September 17, 2021, the Coast 

Guard published a notice of proposed 

rulemaking entitled, ‘‘Regulated 

Navigation Area; Offshore, Cape 

Canaveral, Florida in the Federal 

Register (86 FR 51845) in order to 

replace the existing safety zone in 

§ 165.775 with a RNA. During the 

comment period that ended on October 

18, 2021, we received three comments 

and those comments are addressed in 

Section III of this SNPRM. 

The Coast Guard is proposing this 

SNPRM under authority in 46 U.S.C. 

70034. The purpose of this SNPRM is to 

revise the regulatory text as proposed in 

the NPRM to expand the zone to include 

additional missions which are expected 

to be conducted (including the 

Transport 2 mission conducted by the 

U.S Space Launch Delta 45 (SLD 45) 

and operations by the Blue Origin, LLC), 

and to include the Captain of the Port’s 

(COTP) consideration of analysis from 

(SLD 45) when activating a zone. The 

revised regulatory text we are proposing 

in this SNPRM appears at the end of this 

document. It differs from the text 

proposed in the NPRM, primarily in that 

it expands the zone westward to include 

areas of operation by the SLD 45 and the 

Blue Origin, LLC. 

III. Discusion of Comments on the 

NPRM and Change to the Proposed 

Rule 

In response to the NPRM, the Coast 

Guard received three public comments. 

Unless we receive recommendations for 

changes during the SNPRM comment 

period, we plan to adopt the regulations 

proposed in the NPRM with revisions to 

the regulatory text as reflected in this 

SNPRM. The SNPRM provides an 

additional comment period to shape the 

final regulatory action. Concerns 

received on this SNPRM will be 

addressed in the final rule. 

The Coast Guard received a comment 

addressing the growing effect of 

commercial space travel in terms of 

potential for pollution and hazards to 

land and sea vehicles in the path of 

flight. The commenter felt the proposed 

change was valid and important. No 

changes were made based on this 

comment. 

Another comment addressed the 

growth of the aerospace industry in the 

region and associated increase in launch 

activity observed since 2009. The 

commenter felt that an evaluation of the 

2009 rulemaking and the associated 

changes proposed in the NPRM were 

warranted and in the interest of 

preserving the safety of marine interests 

in the area. No changes were made 

based on this comment. 

The Coast Guard received a comment 

from the Blue Origin Florida, LLC and 

included a request for an adjustment to 

the dimensions of the RNA to provide 

a launch hazard area suitable for 

potential future launches to Polar 

Orbits. The change was evaluated and 

implemented. In response to this 

comment, the Coast Guard made 

changes to the regulatory text in this 

SNPRM by making an adjustment to the 

southeast launch hazard area to 

encompass dimensions aligned to a 

Polar Orbit-mission specific launch 

exclusion area as provided by the SLD 

45. 

IV. Discussion of Proposed Rule 

The proposed rule would establish a 

RNA in the following revised area based 

on comments received during the NPRM 

comment period: All waters offshore 

Cape Canaveral from surface to bottom, 

encompassed by a line connecting the 

following points beginning with Point 1 

at 28°48′54′′ N, 80°28′40′′ W; thence 

southwest to Point 2 at 28°43′20′′ N, 

80°41′00′′ W; thence south along the 

shoreline to Point 3 at 28°25′18′′ N, 

80°34′43′′ W; thence continuing south 

offshore to Point 4 at 28°11′00′′ N, 


tkelley on DSK125TN23PROD with PROPOSED RULES