16634 Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Rules and Regulations 

Issued on March 17, 2022. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2022–06043 Filed 3–23–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 997 

[Docket No. 220228–0064] 

RIN 0648–BK83 

U.S. Integrated Ocean Observing 

System Office, Legislation; Name 

Change 

AGENCY: U.S. Integrated Ocean 

Observing System (IOOS), National 

Ocean Service (NOS), National Oceanic 

and Atmospheric Administration 

(NOAA), Department of Commerce 

(DOC). 

ACTION: Final rule, technical 

amendment. 

SUMMARY: The U.S. Integrated Ocean 

Observing System Office, led by the 

National Oceanic and Atmospheric 

Administration (NOAA), issues this 

final rule to change the name for 

‘‘Regional Information Coordination 

Entities (RICEs)’’ to ‘‘Regional Coastal 

Observing Systems.’’ This rule has no 

substantive effect. 

DATES: These regulations are effective 

on March 24, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Oriana Villar at 240–533–9466 or 

Oriana.Villar@noaa.gov, or at U.S. IOOS 

Office, 1315 East West Highway, Suite 

300, Silver Spring, MD 20910. 

SUPPLEMENTARY INFORMATION: The 

Integrated Coastal and Ocean 

Observation System (ICOOS) Act of 

2009 (Pub. L. 111–11) (ICOOS Act or 

Act, codified at 33 U.S.C. 3601–3610) 

and the Coordinated Ocean Observation 

and Research Act of 2020 (Pub. L. 116– 

271, Title I) (COORA, amending 33 

U.S.C. 3601–3610), directs the President 

to establish a National Integrated 

Coastal and Ocean Observation System 

(System). The System must ‘‘include in 

situ, remote, and other coastal and 

ocean observation and modeling 

capabilities, technologies, data 

management, communication systems, 

and product development systems and 

[be] designed to address regional and 

national needs for ocean and coastal 

information, to gather specific data on 

key coastal, ocean, and Great Lakes 

variables, and to ensure timely and 

sustained dissemination and availability 

of these data.’’ 33 U.S.C. 3601(1). 

The ICOOS Act and COORA direct 

the Interagency Ocean Observation 

Committee (IOOC) to develop contract 

certification standards and compliance 

procedures for integrating regional 

coastal observing systems into the 

System. 33 U.S.C. 3603(c)(2)(B)(v). The 

COORA Act, in amending the ICOOS 

Act, replaces the term Regional 

Information Coordination Entity (RICE) 

with the term Regional Coastal 

Observing System (RCOS). The term 

‘‘‘regional coastal observing system’ 

means an organizational body that is 

certified or established by contract or 

memorandum by the lead Federal 

agency designated in section 12304(c)(3) 

and coordinates Federal, State, local, 

tribal, and private interests at a regional 

level with the responsibility of engaging 

the private and public sectors in 

designing, operating, and improving 

regional coastal observing systems in 

order to ensure the provision of data 

and information that meet the needs of 

user groups from the respective 

regions.’’ 

NOAA promulgated regulations in 

2014 to develop certification criteria 

and procedures for integrating RICEs 

into the system. (June 5, 2014; 79 FR 

32449). These regulations are found at 

15 CFR part 997. 

By this final rule, NOAA is officially 

changing the name of the Regional 

Information Coordination Entity (RICE) 

to reflect the new name, Regional 

Coastal Observing System (RCOS), as 

defined in the COORA. This change is 

necessary to implement the new name 

established by the COORA in the 

implementing regulations. This name 

change has no substantive impact. 

By this final rule, NOAA is also 

updating its mailing address in 

997.11(b) and changing the name of the 

‘‘U.S. IOOS Program Office’’ to the ‘‘U.S. 

IOOS Office’’ in 997.20(b), 997.23(f)(5), 

997.23(f)(5), and 997.24(a). These 

changes also do not have substantive 

impacts. 

I. Classifications 

A. Administrative Procedures Act 

This rule pertains solely to the 

renaming of ‘‘Regional Information 

Coordination Entities (RICEs)’’ to 

‘‘Regional Coastal Observing Systems 

(RCOSs)’’ in an existing rule 

necessitated by the Coordinated Ocean 

Observation and Research Act of 2020 

(Pub. L. 116–271, Title I). NOAA also is 

updating its mailing address and 

updating the name of the IOOS Office. 

It makes no changes to the substantive 

legal rights, obligations, or interests of 

affected parties. This rule therefore is a 

‘‘rule of agency organization, procedure 

or practice’’ and is therefore exempt 

from the notice-and-comment 

requirements of 5 U.S.C. 553 under 5 

U.S.C. 553(b)(A). Nor is a 30-day delay 

in effective date required under 5 U.S.C. 

553(d) due to the non-substantive nature 

of this technical amendment. 

B. Executive Order 12866: Regulatory 

Impact 

This rule has been determined to be 

not significant within the meaning of 

Executive Order 12866. 

C. Paperwork Reduction Act 

This rule does not contain any new or 

revisions to the existing information 

collection requirement that was 

approved by OMB (OMB Control 

Number 0648–0672, Application to be 

Certified as a Regional Information 

Coordination Entity) under the 

Paperwork Reduction Act (PRA), 44 

U.S.C. 3501 et seq. Notwithstanding any 

other provision of the law, no person is 

required to respond to, nor shall any 

person be subject to a penalty for failure 

to comply with, a collection of 

information subject to the requirements 

of the PRA, unless that collection of 

information displays a currently valid 

OMB Control Number. 

D. Regulatory Flexibility Act 

This regulation is exempt from the 

notice and comment provisions of the 

Administrative Procedures Act (APA), 5 

U.S.C. 553. Therefore, the requirements 

of the Regulatory Flexibility Act do not 

apply, 5 U.S.C. 603(a). No other rule 

requires a regulatory flexibility analysis 

and none has been prepared. 

List of Subjects in 15 CFR Part 997 

Science and technology. 

Nicole R. LeBoeuf, 

Assistant Administrator, for Ocean Services 

and Coastal Zone Management, National 

Oceanic and Atmospheric Administration. 

Accordingly, for the reasons set forth 

above, 15 CFR part 997 is amended as 

follows: 

PART 997— REGIONAL COASTAL 

OBSERVING SYSTEM 

■ 1. The authority citation for part 997 

is revised to read as follows: 

Authority: 33 U.S.C. 3602–3603. 

■ 2. In part 997: 

■ a. Revise the part heading to read as 

set forth above. 

■ b. Remove the text ‘‘Regional 

Information Coordination Entity (RICE)’’ 

wherever it appears and add in its place 


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Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Rules and Regulations 16635 

1The Commission voted 4–0 to approve this 

notice. 

the text ‘‘Regional Coastal Observing 

System (RCOS)’’; 

■ c. Remove the text ‘‘a RICE’’ wherever 

it appears and add in its place the text 

‘‘an RCOS’’; 

■ d. Remove the text ‘‘RICE’’ wherever 

it appears and add in its place the text 

‘‘RCOS’’; and 

■ e. Remove the text ‘‘U.S. IOOS 

Program Office’’ wherever it appears 

and add in its place the text ‘‘U.S. IOOS 

Office’’. 

■ 3. In § 997.11, revise paragraph (b) to 

read as follows: 

§ 997.11 Application process. 

* * * * * 

(b) Submission shall be made to 

NOAA at the following address, or to 

such other address as may be indicated 

in the future: Director U.S. IOOS Office, 

NOAA, 1315 East West Hwy., Suite 

3000, Silver Spring, MD 20910. 

Submissions may also be made online at 

http://www.ioos.noaa.gov/certification. 

[FR Doc. 2022–06196 Filed 3–23–22; 8:45 am] 

BILLING CODE 3510–JE–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1307 

[Docket No. CPSC–2014–0033] 

Prohibition of Children’s Toys and 

Child Care Articles Containing 

Specified Phthalates 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Request for comments. 

SUMMARY: The Consumer Product Safety 

Commission (Commission or CPSC) is 

publishing this document following a 

Federal court opinion remanding the 

Commission’s final phthalates rule to 

allow the Commission to address two 

procedural deficiencies found by the 

court. This document seeks public 

comment regarding the justification for 

the phthalates final rule and the staff’s 

cost-benefit analysis for continuing the 

interim prohibition on DINP. 

DATES: Written comments should be 

submitted by May 9, 2022. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2014– 

0033, by any of the following methods: 

Electronic Submissions: Submit 

electronic comments to the Federal 

eRulemaking Portal at: https://

www.regulations.gov. Follow the 

instructions for submitting comments. 

The CPSC does not accept comments 

submitted by electronic mail (email), 

except through https://

www.regulations.gov and as described 

below. The CPSC encourages you to 

submit electronic comments by using 

the Federal eRulemaking Portal, as 

described above. 

Mail/Hand Delivery/Courier 

Submissions: Submit comments by 

mail/hand delivery/courier to: Division 

of the Secretariat, Consumer Product 

Safety Commission, Room 820, 4330 

East West Highway, Bethesda, MD 

20814; telephone (301) 504–7479. 

Alternatively, as a temporary option 

during the COVID–19 pandemic, you 

can email such submissions to: cpsc-os@

cpsc.gov. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. CPSC 

may post all comments without change, 

including any personal identifiers, 

contact information, or other personal 

information provided, to: https://

www.regulations.gov. Do not submit 

electronically 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 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–2014–0033, into 

the ‘‘Search’’ box, and follow the 

prompts. 

FOR FURTHER INFORMATION CONTACT: 

Susan Proper, Directorate for Economic 

Analysis, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814; telephone: (301) 

504–7628; email: sproper@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 108(b)(3) of the Consumer 

Product Safety Improvement Act of 

2008 (CPSIA) required the Commission 

to promulgate a final rule addressing 

children’s toys and child care articles 

containing certain phthalates not later 

than 180 days after the Commission 

received a final Chronic Hazard 

Advisory Panel (CHAP) report.1 The 

Commission was required to 

‘‘determine, based on such report, 

whether to continue in effect the 

[interim] prohibition’’ on children’s toys 

that can be placed in a child’s mouth 

and child care articles ‘‘in order to 

ensure a reasonable certainty of no harm 

to children, pregnant women, or other 

susceptible individuals with an 

adequate margin of safety.’’ 15 U.S.C. 

2057c (b)(3)(A). Additionally, the 

Commission was required to ‘‘evaluate 

the findings and recommendations of 

the Chronic Hazard Advisory Panel and 

declare any children’s product 

containing any phthalates to be a 

banned hazardous product under 

section 8 of the Consumer Product 

Safety Act (15 U.S.C. 2057), as the 

Commission determines necessary to 

protect the health of children.’’ 15 

U.S.C. 2057c (b)(3)(B). 

On December 30, 2014, the 

Commission published a notice of 

proposed rulemaking (NPRM) in the 

Federal Register. 79 FR 78324. The 

Commission published a final rule on 

October 27, 2017, with an effective date 

of April 25, 2018. 82 FR 49938. The 

final rule was substantially the same as 

the proposed rule. The preambles of the 

NPRM and final rule provide more 

detailed discussions of the CHAP report 

and staff’s technical analysis and 

findings in support of the rule. 

In December 2017, the Texas 

Association of Manufacturers and others 

petitioned the U.S. Court of Appeals for 

the Fifth Circuit for a review of the 

CPSC’s final phthalates rule. In March 

2021, the court remanded without 

vacating the phthalates final rule to the 

CPSC to address two procedural 

deficiencies found by the court. Tex. 

Ass’n of Mfrs. v. United States 

Consumer Prod. Safety Comm’n, 989 

F.3d 368 (5th Cir. 2021). As relevant 

here, the court held that the final rule 

had failed to: (1) Provide adequate 

notice and comment regarding a change 

in the primary justification from the 

proposed rule to the final rule; and (2) 

consider the costs and benefits of 

continuing the interim prohibition on 

DINP. This document is being published 

to address these two procedural 

deficiencies. We note that the court did 

not vacate the final rule, and thus the 

rule remains in effect. 

II. Request for Comments 

A. Phthalates Final Rule Justification 

The Fifth Circuit held that the 

phthalates final rule did not provide 

adequate notice and comment regarding 

a change in the primary justification 

between the proposed rule and the final 

rule. The court remanded the rule to 

allow CPSC to seek public comment on 

the justification for the final rule. The 

Commission’s justification for the 

proposed rule was based on data 

demonstrating that 10 percent of 

pregnant women had a Hazard Index 

(HI) greater than one, which exceeded 

the acceptable risk, and that the average 


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