1974 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified 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 regulatory actions that the 

Commission expects to be under 

development or review by the agency 

during the next year. This document 

meets the requirements of the 

Regulatory Flexibility Act and Executive 

Order 12866. The Commission 

welcomes comments on the agenda and 

on the individual agenda entries. 

DATES: Comments should be received in 

the Office of the Secretary on or before 

February 12, 2018. 

ADDRESSES: Comments on the regulatory 

flexibility agenda should be captioned, 

‘‘Regulatory Flexibility Agenda,’’ and 

emailed to: cpsc-os@cpsc.gov. 

Comments may also be mailed or 

delivered to the Office of the Secretary, 

U.S. Consumer Product Safety 

Commission, Room 820, 4330 East West 

Highway, Bethesda, MD 20814–4408. 

FOR FURTHER INFORMATION CONTACT: For 

further information on the agenda, in 

general, contact Charu Krishnan, 

Directorate for Economic Analysis, U.S. 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, MD 

20814–4408; ckrishnan@cpsc.gov. For 

further information regarding a 

particular item on the agenda, consult 

the individual listed in the column 

headed, ‘‘Contact,’’ for that particular 

item. 

SUPPLEMENTARY INFORMATION: The 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 to 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 (5 U.S.C. 602) 

requires each agency to publish, twice 

each year, a regulatory flexibility agenda 

containing a brief description of the 

subject area of any rule expected to be 

proposed or promulgated, which is 

likely to have a ‘‘significant economic 

impact’’ on a ‘‘substantial number’’ of 

small entities. 

The agency must also provide a 

summary of the nature of the rule and 

a schedule for acting on each rule for 

which the agency has issued a notice of 

proposed rulemaking. 

The regulatory flexibility agenda also 

is required to contain the name and 

address of the agency official 

knowledgeable about the items listed. 

Furthermore, agencies are required to 

provide notice of their agendas to small 

entities and to solicit their comments by 

direct notification or by inclusion in 

publications likely to be obtained by 

such entities. 

Additionally, Executive Order 12866 

requires each agency to publish, twice 

each year, a regulatory agenda of 

regulations under development or 

review during the next year, and the 

executive order states that such an 

agenda may be combined with the 

agenda published in accordance with 

the RFA. The regulatory flexibility 

agenda lists the regulatory activities 

expected to be under development or 

review during the next 12 months. It 

includes all such activities, whether or 

not they may have a significant 

economic impact on a substantial 

number of small entities. This agenda 

also includes regulatory activities that 

appeared in the spring 2017 agenda and 

have been completed by the 

Commission prior to publication of this 

agenda. Although CPSC, as an 

independent regulatory agency, is not 

required to comply with Executive 

Orders, the Commission does follow 

Executive Order 12866 regarding the 

publication of its regulatory 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 the development 

or completion of each activity; and the 

name and telephone number of a 

knowledgeable agency official 

concerning particular items on the 

agenda. 

The internet is the basic means 

through which the Unified Agenda is 

disseminated. The complete Unified 

Agenda will be available online at: 

www.reginfo.gov, in a format that offers 

users the ability to obtain information 

from the Agenda database. 

Because publication in the Federal 

Register is mandated for the regulatory 

flexibility agendas required by the 

Regulatory Flexibility Act (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 Regulatory 

Flexibility Act 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 Regulatory Flexibility 

Act. 

Printing of these entries is limited to 

fields that contain information required 

by the Regulatory Flexibility Act’s 

agenda requirements. Additional 

information on these entries is available 

in the Unified Agenda published on the 

internet. 

The agenda reflects an 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 law may 

alter anticipated timing. In addition, no 

final determination by staff or the 

Commission regarding the need for, or 

the substance of, any rule or regulation 

should be inferred from this agenda. 

Dated: September 18, 2017. 

Alberta E. Mills, 

Acting Secretary, Consumer Product Safety 

Commission. 

CONSUMER PRODUCT SAFETY COMMISSION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

394 .................... Flammability Standard for Upholstered Furniture ............................................................................................ 3041–AB35 

395 .................... Regulatory Options for Table Saws ................................................................................................................. 3041–AC31 

396 .................... Portable Generators ......................................................................................................................................... 3041–AC36 

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


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Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1975 

CONSUMER PRODUCT SAFETY COMMISSION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

398 .................... Prohibition of Children’s Toys and Child Care Articles Containing Specified Phthalates: Determinations 

Regarding Certain Plastics.

3041–AD59 

CONSUMER PRODUCT SAFETY 

COMMISSION (CPSC) 

Long-Term Actions 

394. Flammability Standard for 

Upholstered Furniture 

E.O. 13771 Designation: Independent 

agency. 

Legal Authority: 15 U.S.C. 1193; 5 

U.S.C. 801 

Abstract: In October 2003, the 

Commission issued an advance notice of 

proposed rulemaking (ANPRM) to 

address the risk of fire associated with 

cigarette and small open-flame ignitions 

of upholstered furniture. The 

Commission published a notice of 

proposed rulemaking (NPRM) in March 

2008, and received public comments. 

The Commission’s proposed rule would 

require that upholstered furniture have 

cigarette-resistant fabrics or cigaretteand open flame-resistant barriers. The 

proposed rule would not require flameresistant chemicals in fabrics or fillings. 

Since the Commission published the 

NPRM, CPSC staff has conducted testing 

of upholstered furniture, using both fullscale furniture and bench-scale models, 

as proposed in the NPRM. In FY 2016, 

staff was directed to prepare a briefing 

package summarizing the feasibility of 

adopting California’s Technical Bulletin 

117–2013 (TB 117–2013) as a mandatory 

standard. Staff submitted this briefing 

package to the Commission in 

September 2016 with staff suggestions 

to continue further development of the 

ASTM and NFPA voluntary standards. 

In the FY 2017 Operating Plan, the 

Commission directed staff to work with 

the California Bureau of Electronic and 

Appliance Repair, Home Furnishings 

and Thermal Insulation (BEARHFTI) as 

well as voluntary standards 

development organizations, to improve 

upon and further refine the technical 

aspects of TB 117–2013. 

Currently, staff is working with 

voluntary standards organizations, both 

ASTM and NFPA, and BEARHFTI to 

evaluate new provisions and improve 

the existing consensus standards related 

to upholstered furniture flammability. 

Depending upon progress of the various 

standards, in FY 2019, staff plans to 

prepare a briefing package with options 

for Commission consideration that 

includes continuing with or terminating 

rulemaking, pursuing alternative 

approaches to address the hazard and/ 

or continuing with voluntary standards 

development. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 06/15/94 59 FR 30735 

Commission 

Hearing May 5 

& 6, 1998 on 

Possible Toxicity of FlameRetardant 

Chemicals.

03/17/98 63 FR 13017 

Meeting Notice .... 03/20/02 67 FR 12916 

Notice of Public 

Meeting.

08/27/03 68 FR 51564 

Public Meeting .... 09/24/03 

ANPRM ............... 10/23/03 68 FR 60629 

ANPRM Comment 

Period End.

12/22/03 

Staff Held Public 

Meeting.

10/28/04 

Staff Held Public 

Meeting.

05/18/05 

Staff Sent Status 

Report to Commission.

01/31/06 

Staff Sent Status 

Report to Commission.

11/03/06 

Staff Sent Status 

Report to Commission.

12/28/06 

Staff Sent Options 

Package to 

Commission.

12/22/07 

Commission Decision to Direct 

Staff to Prepare 

Draft NPRM.

12/27/07 

Staff Sent Draft 

NPRM to Commission.

01/22/08 

Commission Decision to Publish 

NPRM.

02/01/08 

NPRM .................. 03/04/08 73 FR 11702 

NPRM Comment 

Period End.

05/19/08 

Staff Published 

NIST Report on 

Standard Test 

Cigarettes.

05/19/09 

Staff Publishes 

NIST Report on 

Standard Research Foam.

09/14/12 

Notice of April 25 

Public Meeting 

and Request for 

Comments.

03/20/13 78 FR 17140 

Action Date FR Cite 

Staff Holds Upholstered Furniture 

Fire Safety 

Technology 

Meeting.

04/25/13 

Comment Period 

End.

07/01/13 

Staff Sends Briefing Package to 

Commission on 

California’s TB 

117–2013.

09/08/16 

Staff Updates Options Package 

to Commission.

To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Andrew Lock, 

Project Manager, Directorate for 

Laboratory Sciences, Consumer Product 

Safety Commission, National Product 

Testing and Evaluation Center, 5 

Research Place, Rockville, MD 20850, 

Phone: 301 987–2099, Email: alock@

cpsc.gov. 

RIN: 3041–AB35 

395. Regulatory Options for Table Saws 

E.O. 13771 Designation: Independent 

agency. 

Legal Authority: 5 U.S.C. 553(e); 15 

U.S.C. 2051 

Abstract: On July 11, 2006, the 

Commission voted to grant a petition 

requesting that the Commission issue a 

rule prescribing performance standards 

for a system to reduce or prevent 

injuries from contacting the blade of a 

table saw. The Commission also 

directed CPSC staff to prepare an 

advance notice of proposed rulemaking 

(ANPRM) initiating a rulemaking 

proceeding under the Consumer Product 

Safety Act (CPSA) to: (1) Identify the 

risk of injury associated with table saw 

blade-contact injuries; (2) summarize 

regulatory alternatives, and (3) invite 

comments from the public. An ANPRM 

was published on October 11, 2011. The 

comment period ended on February 10, 

2012. Staff participated in the 

Underwriters Laboratories (UL) working 

group to develop performance 

requirements for table saws, conducted 

performance tests on sample table saws, 

conducted survey work on blade guard 

use, and evaluated comments to the 

ANPRM. Staff prepared a briefing 


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1976 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 

package with a notice of proposed 

rulemaking (NPRM) and submitted the 

package to the Commission on January 

17, 2017. The Commission voted to 

publish the NPRM and the comment 

period for the NPRM closed on July 26, 

2017. Public oral testimony to the 

Commission was heard on August 9, 

2017. Staff plans to prepare a Final Rule 

briefing package for Commission 

consideration in FY 2019. 

Timetable: 

Action Date FR Cite 

Commission Decision to Grant 

Petition.

07/11/06 

ANPRM ............... 10/11/11 76 FR 62678 

Notice of Extension of Time for 

Comments.

12/02/11 76 FR 75504 

ANPRM Comment 

Period End.

12/12/11 

Comment Period 

End.

02/10/12 

Notice to Reopen 

Comment Period.

02/15/12 77 FR 8751 

Reopened Comment Period 

End.

03/16/12 

Staff Sent NPRM 

Briefing Package to Commission.

01/17/17 

Commission Decision.04/27/17 

NPRM .................. 05/12/17 82–FR 

22190 

NPRM Comment 

Period End.

07/26/17 

Public Hearing ..... 08/09/17 82 FR 31035 

Staff Sends Draft 

Final Rule Briefing Package to 

Commission.

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–AC31 

396. Portable Generators 

E.O. 13771 Designation: Independent 

agency. 

Legal Authority: 15 U.S.C. 2051 

Abstract: On December 5, 2006, the 

Commission voted to issue an advance 

notice of proposed rulemaking 

(ANPRM) under the Consumer Product 

Safety Act (CPSA) concerning portable 

generators. The ANPRM discusses 

regulatory options that could reduce 

deaths and injuries related to portable 

generators, particularly those involving 

carbon monoxide (CO) poisoning. The 

ANPRM was published in the Federal 

Register on December 12, 2006. Staff 

reviewed public comments and 

conducted technical activities. In FY 

2006, staff awarded a contract to 

develop a prototype generator engine 

with reduced CO in the exhaust. Also in 

FY 2006, staff entered into an 

interagency agreement (IAG) with the 

National Institute of Standards and 

Technology (NIST) to conduct tests with 

a generator, in both off-the-shelf and 

prototype configurations, operating in 

the garage attached to NIST’s test house. 

NIST’s test house, a double-wide 

manufactured home, is designed for 

conducting residential indoor air quality 

(IAQ) studies, and the scenarios tested 

are typical of those involving consumer 

fatalities. These tests provide empirical 

data on CO accumulation in the garage 

and infiltration into the house; staff 

used these data to evaluate the efficacy 

of the prototype in reducing the risk of 

fatal or severe CO poisoning. Under this 

IAG, NIST also modeled the CO 

infiltration from the garage under a 

variety of other conditions, including 

different ambient conditions and longer 

generator run times. In FY 2009, staff 

entered into a second IAG with NIST 

with the goal of developing CO emission 

performance requirements for a possible 

proposed regulation that would be 

based on health effects criteria. In 2011, 

staff prepared a package containing staff 

and contractor reports on the technology 

demonstration of the low CO-emission 

prototype portable generator. This 

included, among other staff reports, a 

summary of the prototype development 

and durability results, as well as end-oflife emission test results performed on 

the generator by an independent 

emissions laboratory. Staff’s assessment 

of the ability of the prototype to reduce 

the CO poisoning hazard was also 

included. In September 2012, staff 

released this package and solicited 

comments from stakeholders. 

In October 2016, staff delivered a 

briefing package with a draft notice of 

proposed rulemaking (NPRM) to the 

Commission. In November 2016, the 

Commission voted to approve the 

NPRM. The notice was published in the 

Federal Register on November 21, 2016, 

with a comment period deadline of 

February 6, 2017. In December 2016, the 

Commission voted to extend the 

comment period until April 24, 2017, in 

response to a request to extend the 

comment period an additional 75 days. 

The Commission held a public hearing 

on March 8, 2017, to provide an 

opportunity for stakeholders to present 

oral comments on the NPRM. Staff will 

review the comments on the NPRM and 

begin to prepare a Final Rule briefing 

package for Commission consideration 

in FY 2019. Staff continues to work on 

voluntary standards. 

Timetable: 

Action Date FR Cite 

Staff Sent 

ANPRM to 

Commission.

07/06/06 

Staff Sent Supplemental Material 

to Commission.

10/12/06 

Commission Decision.10/26/06 

Staff Sent Draft 

ANPRM to 

Commission.

11/21/06 

ANPRM ............... 12/12/06 71 FR 74472 

ANPRM Comment 

Period End.

02/12/07 

Staff Releases 

Research Report for Comment.

10/10/12 

Staff Sends 

NPRM Briefing 

Package to 

Commission.

10/05/16 

NPRM .................. 11/21/16 81 FR 83556 

NPRM Comment 

Period Extended.

12/13/16 81 FR 89888 

Public Hearing for 

Oral Comments.

03/08/17 82 FR 8907 

NPRM Comment 

Period End.

04/24/17 

Staff Sends Final 

Rule Briefing 

Package to 

Commission.

To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Janet L. Buyer, 

Project Manager, Directorate for 

Engineering Sciences, Consumer 

Product Safety Commission, National 

Product Testing and Evaluation Center, 

5 Research Place, Rockville, MD 20850, 

Phone: 301 987–2293, Email: jbuyer@

cpsc.gov. 

RIN: 3041–AC36 

397. Recreational Off-Road Vehicles 

E.O. 13771 Designation: Independent 

agency. 

Legal Authority: 15 U.S.C. 2056; 15 

U.S.C. 2058 

Abstract: The Commission is 

considering whether recreational offroad vehicles (ROVs) present an 

unreasonable risk of injury that should 

be regulated. ROVs are motorized 

vehicles having four or more lowpressure tires designed for off-road use 

and intended by the manufacturer 

primarily for recreational use by one or 


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Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1977 

more persons. The salient 

characteristics of an ROV include a 

steering wheel for steering control, foot 

controls for throttle and braking, bench 

or bucket seats, a roll-over protective 

structure, and a maximum speed greater 

than 30 mph. On October 21, 2009, the 

Commission voted to publish an 

advance notice of proposed rulemaking 

(ANPRM) in the Federal Register. The 

ANPRM was published in the Federal 

Register on October 28, 2009, and the 

comment period ended December 28, 

2009. The Commission received two 

letters requesting an extension of the 

comment period. The Commission 

extended the comment period until 

March 15, 2010. Staff conducted testing 

and evaluation programs to develop 

performance requirements addressing 

vehicle stability, vehicle handling, and 

occupant protection. On October 29, 

2014, the Commission voted to publish 

an NPRM proposing standards 

addressing vehicle stability, vehicle 

handling, and occupant protection. The 

NPRM was published in the Federal 

Register on November 19, 2014. On 

January 23, 2015, the Commission 

published a notice of extension of the 

comment period for the NPRM, 

extending the comment period to April 

8, 2015. The Omnibus Appropriations 

Bill provides that during fiscal year 

2016, none of the amounts made 

available by the Appropriations Bill 

may be used to finalize or implement 

the Safety Standard for Recreational OffHighway Vehicles published by the 

CPSC in the Federal Register on 

November 19, 2014 (79 FR 68964) (ROV 

NPRM) 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 in FY 2015 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. 

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 

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 is Evaluating 

Voluntary 

Standards.

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 

CONSUMER PRODUCT SAFETY 

COMMISSION (CPSC) 

Completed Actions 

398. Prohibition of Children’s Toys and 

Child Care Articles Containing 

Specified Phthalates: Determinations 

Regarding Certain Plastics 

E.O. 13771 Designation: Independent 

agency. 

Legal Authority: Sec. 3, Pub. L. 110– 

314, 122 Stat. 3016; 15 U.S.C. 

2063(d)(3)(B) 

Abstract: Section 14(i)(3) of the 

Consumer Product Safety Act requires 

the Commission to seek opportunities to 

reduce the cost of third party testing 

requirements consistent with assuring 

compliance with any applicable 

children’s product safety rule. Staff 

prepared for Commission consideration 

a briefing package with a draft notice of 

proposed rulemaking (NPRM) regarding 

third-party testing of phthalates in four 

specified plastics. The Commission 

approved the NPRM on August 9, 2016. 

The Commission approved the rule on 

August 24, 2017, and the rule published 

in the Federal Register on August 30, 

2017. The effective date will be 

September 29, 2017. 

Timetable: 

Action Date FR Cite 

Staff Sent NPRM 

to the Commission.

08/03/16 

Commission Decision.08/09/16 

NPRM Published 

in the Federal 

Register.

08/17/16 81 FR 54754 

NPRM Comment 

Period End.

10/31/16 

Staff Sent Final 

Rule Briefing 

Package to 

Commission.

08/16/17 

Commission Approved Final 

Rule.

08/24/17 

Final Rule ............ 08/30/17 82 FR 41163 

Final Rule Effective.09/29/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Randy Butturini, 

Project Manager, Office of Hazard 

Identification and Reduction, Consumer 

Product Safety Commission, 4330 East 

West Highway, Bethesda, MD 20814, 

Phone: 301 504–7562, Email: 

rbutturini@cpsc.gov. 

RIN: 3041–AD59 

[FR Doc. 2017–28243 Filed 1–11–18; 8:45 am] 

BILLING CODE 6355–01–P 


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