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 Consumer Product Safety Commission 16 CFR Ch. II
 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 year. 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 Division of the Secretariat on or before August 30, 2021.
 ADDRESSES: Caption comments on the regulatory agenda, “Regulatory Flexibility Agenda.” You can submit comments by email to: *cpsc-os@cpsc.gov*. You can also submit comments by mail or delivery to the Division of the Secretariat, 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 Meridith L. Kelsch, Office of the General Counsel, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814-4408, *mkelsch@cpsc.gov*. 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. In addition, the regulatory flexibility agenda must contain the name and telephone number of an agency official who is knowledgeable about the listed items. Agencies must attempt to provide notice of their agendas to small entities and solicit their comments, by directly notifying them, or by including the agenda in publications that small entities are likely to obtain. 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 the 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 agenda also includes regulatory activities that the Commission listed in the fall 2020 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. 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, you should not infer from this agenda a final determination by the Commission or its staff regarding the need for, or the substance of, any rule or regulation. Dated: March 17, 2021. Alberta E. Mills, Secretary, Consumer Product Safety Commission.
 Consumer Product Safety Commission—Final Rule Stage
Sequence No.
Title
Regulation  Identifier No.296
Flammability Standard for Upholstered Furniture
3041-AB35297
Regulatory Options for Table Saws
3041-AC31
 Consumer Product Safety Commission—Long-Term Actions
Sequence No.
Title
Regulation  Identifier No.298
Portable Generators
3041-AC36299
Recreational Off-Road Vehicles
3041-AC78
 
 
 CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Final Rule Stage 296. Flammability Standard for Upholstered Furniture *Legal Authority:*15 U.S.C. 1193; 5 U.S.C. 801 *Abstract:* The Commission published a notice of proposed rulemaking (NPRM) to prescribe flammability standards for upholstered furniture under the Flammable Fabrics Act (FFA) to address the risk of fire associated with cigarette and small open-flame ignitions of upholstered furniture. The Commission's proposed rule would require that upholstered furniture have cigarette-resistant fabrics or cigarette and open flame-resistant barriers. The proposed rule would not require flame-resistant chemicals in fabrics or fillings. Since the Commission published the NPRM, Congress signed into law, “COVID-19 Regulatory Relief and Work From Home Safety Act,” Public Law 116-260 (COVID-19 Act). Section 2101 of the COVID-19 Act mandates that, 180 days after the date of enactment of the COVID-19 Act, the standard for upholstered furniture set forth by the Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation of the Department of Consumer Affairs of the State of California in Technical Bulletin 117-2013, entitled “Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture,” originally published June 2013, “shall be considered to be a flammability standard promulgated by the Consumer Product Safety Commission under section 4 of the Flammable Fabrics Act (15 U.S.C. 1193).” In light of the enactment of the COVID-19 Act, in FY 2021, staff intends to submit a briefing package to the Commission that recommends that the NPRM be withdrawn. *Timetable:* Action
Date
FR CiteANPRM
06/15/94
59 FR 30735Commission Hearing May 5 & 6, 1998 on Possible Toxicity of Flame-Retardant Chemicals
03/17/98
63 FR 13017Meeting Notice
03/20/02
67 FR 12916Notice of Public Meeting
08/27/03
68 FR 51564Public Meeting
09/24/03ANPRM
10/23/03
68 FR 60629ANPRM Comment Period End
12/22/03Staff Held Public Meeting
10/28/04Staff Held Public Meeting
05/18/05Staff Sent Status Report to Commission
01/31/06Staff Sent Status Report to Commission
11/03/06Staff Sent Status Report to Commission
12/28/06Staff Sent Options Package to Commission
12/22/07Commission Decision to Direct Staff to Prepare Draft NPRM
12/27/07Staff Sent Draft NPRM to Commission
01/22/08Commission Decision to Publish NPRM
02/01/08NPRM
03/04/08
73 FR 11702NPRM Comment Period End
05/19/08Staff Published NIST Report on Standard Test Cigarettes
05/19/09Staff Publishes NIST Report on Standard Research Foam
09/14/12Notice of April 25 Public Meeting and Request for Comments
03/20/13
78 FR 17140Staff Holds Upholstered Furniture Fire Safety Technology Meeting
04/25/13Comment Period End
07/01/13Staff Sends Briefing Package to Commission on California's TB 117-2013
09/08/16Staff Sends Options Package to the Commission
09/25/19Commission Decision
10/04/19Staff Submits Final Rule Briefing Package Withdrawing the NPRM
09/00/21
 *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 297. Regulatory Options for Table Saws *Legal Authority:*5 U.S.C. 553(e); 15 U.S.C. 2051 *Abstract:* In 2006, the Commission granted a petition asking that the Commission issue a rule to prescribe performance standards for an active injury mitigation system to reduce or prevent injuries from contacting the blade of a table saw. The Commission subsequently issued a notice of proposed rulemaking (NPRM) that would establish a performance standard requiring table saws to limit the depth of cut to 3.5 millimeters when a test probe, acting as a surrogate for a human body/finger, contacts the table saw's spinning blade. Staff has conducted several studies to provide information for the rulemaking. Staff is working on a final rule briefing package. *Timetable:* Action
Date
FR CiteCommission Decision to Grant Petition
07/11/06ANPRM
10/11/11
76 FR 62678Notice of Extension of Time for Comments
12/02/11
76 FR 75504Comment Period End
02/10/12Notice to Reopen Comment Period
02/15/12
77 FR 8751Reopened Comment Period End
03/16/12Staff Sent NPRM Briefing Package to Commission
01/17/17Commission Decision
04/27/17NPRM
05/12/17
82 FR 22190NPRM Comment Period End
07/26/17Public Hearing
08/09/17
82 FR 31035Staff Sent 2016 NEISS Table Saw Type Study Status Report to Commission
08/15/17Staff Sent 2017 NEISS Table Saw Special Study to Commission
11/13/18Notice of Availability of 2017 NEISS Table Saw Special Study
12/04/18
83 FR 62561( print page 41326)Staff Sends a Status Briefing Package on Table Saws to Commission
08/28/19Commission Decision
09/10/19Staff Sends Final Rule Briefing Package to Commission
09/00/21
 *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 CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Long-Term Actions 298. Portable Generators *Legal Authority:*15 U.S.C. 2051 *Abstract:* In 2006, the Commission issued an advance notice of proposed rulemaking (ANPRM) under the Consumer Product Safety Act (CPSA) concerning portable generators. The ANPRM discussed regulatory options that could reduce deaths and injuries related to portable generators, particularly those involving carbon monoxide (CO) poisoning. 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. 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. After additional staff and contractor work, the Commission issued a notice of proposed rulemaking (NPRM) in 2016, proposing a performance standard that would limit the CO emission rates from operating portable generators. In 2018, two voluntary standards adopted different CO mitigation requirements intended to address the CO poisoning hazard associated with portable generators. Staff developed a simulation and analysis plan to evaluate the effectiveness of those voluntary standards' requirements. In 2019, the Commission sought public comments on staff's plan. In August 2020, staff submitted to the Commission a draft notice of availability of the modified plan, based on staff's review and consideration of the comments, for evaluating the voluntary standards; the Commission published the notice of availability in August 2020. Staff is now executing the modified plan. *Timetable:* Action
Date
FR CiteStaff Sent ANPRM to Commission
07/06/06Staff Sent Supplemental Material to Commission
10/12/06Commission Decision
10/26/06Staff Sent Draft ANPRM to Commission
11/21/06ANPRM
12/12/06
71 FR 74472ANPRM Comment Period End
02/12/07Staff Releases Research Report for Comment
10/10/12NPRM
11/21/16
81 FR 83556NPRM Comment Period Extended
12/13/16
81 FR 89888Public Hearing for Oral Comments
03/08/17
82 FR 8907NPRM Comment Period End
04/24/17Staff Sends Notice of Availability to the Commission
06/26/19Commission Decision
07/02/19Notice of Availability
07/09/19
84 FR 32729Staff Sends Notice of Availability to Commission
08/12/20Commission Decision
08/19/20Notice of Availability
08/24/20
85 FR 52096Staff Report on Evaluation of Voluntary Standards
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:* 3014-AC36 299. Recreational Off-Road Vehicles *Legal Authority:*15 U.S.C. 2056; 15 U.S.C. 2058 *Abstract:* The Commission is considering whether recreational off-road vehicles (ROVs) present an unreasonable risk of injury that should be regulated. Staff conducted testing and evaluation programs to develop performance requirements addressing vehicle stability, vehicle handling, and occupant protection. In 2014, the Commission issued an NPRM proposing standards addressing vehicle stability, vehicle handling, and occupant protection. 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 FY 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 rulemaking. On September 22, 2020 the Commission voted 2-2 on this matter. A majority was not reached and no action will be taken. *Timetable:*( print page 41327) Action
Date
FR CiteStaff Sends ANPRM Briefing Package to Commission
10/07/09Commission Decision
10/21/09ANPRM
10/28/09
74 FR 55495ANPRM Comment Period Extended
12/22/09
74 FR 67987Extended Comment Period End
03/15/10Staff Sends NPRM Briefing Package to Commission
09/24/14Staff Sends Supplemental Information on ROVs to Commission
10/17/14Commission Decision
10/29/14NPRM Published in **Federal Register**
11/19/14
79 FR 68964NPRM Comment Period Extended
01/23/15
80 FR 3535Extended Comment Period End
04/08/15Staff Sends Briefing Package Assessing Voluntary Standards to Commission
11/22/16Commission Decision Not to Terminate
01/25/17Staff Sends Briefing Package to Commission
09/16/20Commission Decision: majority not reached, no action will be taken
09/22/20Next 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: cpaul@cpsc.gov*. *RIN:* 3041-AC78


[FR Doc. 2021-14878 Filed 7-29-21; 8:45 am] BILLING CODE 6355-01-P