41324 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex 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 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–AB35 

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

CONSUMER PRODUCT SAFETY COMMISSION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

298 .................... Portable Generators ......................................................................................................................................... 3041–AC36 

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


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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 41325 

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 flameresistant 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 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 

Action Date FR Cite 

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 

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 Sends Options Package 

to the Commission.

09/25/19 

Commission Decision.10/04/19 

Staff 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 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 

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 Sent 2016 

NEISS Table 

Saw Type 

Study Status 

Report to Commission.

08/15/17 

Staff Sent 2017 

NEISS Table 

Saw Special 

Study to Commission.

11/13/18 

Notice of Availability of 2017 

NEISS Table 

Saw Special 

Study.

12/04/18 83 FR 62561 


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41326 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

Action Date FR Cite 

Staff Sends a Status Briefing 

Package on 

Table Saws to 

Commission.

08/28/19 

Commission Decision.09/10/19 

Staff 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 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 

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 Notice of Availability to the 

Commission.

06/26/19 

Commission Decision.07/02/19 

Notice of Availability.07/09/19 84 FR 32729 

Staff Sends Notice of Availability to Commission.08/12/20 

Commission Decision.08/19/20 

Notice of Availability.08/24/20 85 FR 52096 

Staff 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 offroad 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 OffHighway 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 OffHighway 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: 


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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 41327 

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 

Action Date FR Cite 

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 Sends Briefing Package to 

Commission.

09/16/20 

Action Date FR Cite 

Commission Decision: majority 

not reached, no 

action will be 

taken.

09/22/20 

Next 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 


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