# Semiannual Regulatory Agenda > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2017-16982 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** August 24, 2017 - **Citation:** 82 FR 40391 ## Text 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 September 25, 2017. ADDRESSES: Comments on the regulatory flexibility agenda should be captioned, “Regulatory Flexibility Agenda,” and submitted by email 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 fall 2016 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 with respect to 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. Todd A. Stevenson, Secretary, Consumer Product Safety Commission. Consumer Product Safety Commission—Proposed Rule Stage Sequence No. Title Regulation Identifier No. 269 Regulatory Options for Table Saws 3041-AC31 Consumer Product Safety Commission—Final Rule Stage Sequence No. Title Regulation Identifier No. 270 Determinations Regarding Third Party Testing of Phthalates In Four Specified Plastics 3041-AD59 Consumer Product Safety Commission—Long-Term Actions Sequence No. Title Regulation Identifier No. 271 Flammability Standard for Upholstered Furniture 3041-AB35 272 Portable Generators 3041-AC36 273 Recreational Off-Road Vehicles 3041-AC78 Consumer Product Safety Commission—Completed Actions Sequence No. Title Regulation Identifier No. 274 Standard for Sling Carriers 3041-AD28 275 Standard for Infant Bath Tubs 3041-AD37 276 Rule Review of: Standard for the Flammability (Open Flame) of Mattress Sets (Completion of a Section 610 Review) 3041-AD47 CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Proposed Rule Stage 269. Regulatory Options for Table Saws 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 development of 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 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 is closing on July 26, 2017. 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 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) Final Rule Stage 270. Determinations Regarding Third Party Testing of Phthalates in Four Specified Plastics 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. After reviewing submitted comments, staff will prepare a final rule briefing package for Commission consideration. Timetable: Action Date FR Cite Staff Sends 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 Sends Final Rule Briefing Package to Commission 09/00/17 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 CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Long-Term Actions 271. Flammability Standard for Upholstered Furniture 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 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, CPSC staff has conducted testing of upholstered furniture, using both full-scale 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. Currently, staff is working with voluntary standards organizations, both ASTM and NFPA, and the California Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation (BEARHFTI) to evaluate new provisions and improve the existing consensus standards related to upholstered furniture flammability. Staff intends to prepare a package with options for Commission consideration that includes terminating rulemaking and pursuing alternative approaches to address the hazard. Timetable: Action Date FR Cite ANPRM 06/15/94 59 FR 30735 Commission Hearing May 5 & 6, 1998 on Possible Toxicity of Flame-Retardant 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 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 TB117-2013 09/08/16 Next Action Undetermined 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 272. Portable Generators 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-of-life emission test results performed on it 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. 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 Public Hearing for Oral Comments 03/08/17 82 FR 8907 NPRM Comment Period End 04/24/17 Staff Sends Draft Final Rule to Commission 09/00/18 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 273. 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. ROVs are motorized vehicles having four or more low-pressure tires designed for off-road use and intended by the manufacturer primarily for recreational use by one or 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 Off-Highway 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 15 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 274. Standard for Sling Carriers Legal Authority: Pub. L. 110-314, sec. 104 Abstract: Section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) requires the Commission to issue consumer product safety standards for durable infant or toddler products. The Commission is directed to assess the effectiveness of applicable voluntary standards, and in accordance with the Administrative Procedure Act, promulgate consumer product safety standards that are substantially the same as the voluntary standard, or more stringent than the voluntary standard if the Commission determines that more stringent standards would further reduce the risk of injury associated with the product. The CPSIA requires that not later than August 14, 2009, the Commission begin rulemaking for at least two categories of durable infant or toddler products and promulgate two such standards every six months thereafter. The Commission proposed a consumer product safety standard for infant sling carriers as part of this series of standards for durable infant and toddler products. On June 13, 2014, staff sent an NPRM briefing package to the Commission. The Commission voted to approve publication of the NPRM in the Federal Register . The NPRM was published in the Federal Register on July 23, 2014. Following review of the comments, staff prepared a Final Rule briefing package for the Commission's consideration. On January 11, 2017, the Commission voted to publish a Final Rule. The Final Rule was published in the Federal Register on January 30, 2017 (82 FR 8671). Timetable: Action Date FR Cite Staff Sends NPRM Briefing Package to the Commission 06/13/14 Commission Decision to Publish NPRM 07/09/14 NPRM 07/23/14 79 FR 42724 NPRM Comment Period End 10/06/14 Staff Sent Final Rule Briefing Package to Commission 12/21/16 Commission Decision to Publish Final Rule 01/11/17 Final Rule 01/30/17 82 FR 8671 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Alice Thaler, Project Manager, Directorate for Engineering Sciences, Consumer Product Safety Commission, National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850, Phone: 301 987-2240, Email: athaler@cpsc.gov. RIN: 3041-AD28 275. Standard for Infant Bath Tubs Legal Authority: Pub. L. 110-314 sec. 104 Abstract: Section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) requires the Commission to issue consumer product safety standards for durable infant or toddler products. The Commission is directed to assess the effectiveness of applicable voluntary standards and, in accordance with the Administrative Procedure Act, promulgate consumer product safety standards that are substantially the same as the voluntary standard or more stringent than the voluntary standard if the Commission determines that more stringent standards would further reduce the risk of injury associated with the product. The CPSIA requires that not later than August 14, 2009, the Commission begin rulemaking for at least two categories of durable infant or toddler products and promulgate two such standards every 6 months thereafter. The Commission proposed a consumer product safety standard for infant baths as part of this series of standards for durable infant and toddler products. Staff submitted an NPRM briefing package for Commission consideration on July 31, 2015. The Commission approved publication of the draft NPRM in the Federal Register , and the NPRM was published on August 14, 2015. Staff submitted a Final Rule briefing package to the Commission on March 15, 2017 for consideration. On March 24, 2017, the Commission voted to approve publication of the final rule. The Final Rule was published on March 30, 2017, and becomes effective on October 2, 2017. Timetable: Action Date FR Cite Staff Sends NPRM Briefing Package to Commission 07/22/15 Commission Decision 07/31/15 NPRM 08/14/15 80 FR 48769 NPRM Comment Period End 10/28/15 Staff Sent Final Rule Briefing Package to Commission 03/15/17 Commission Decision 03/24/17 Final Rule 03/30/17 82 FR 15615 Final Rule Effective 10/02/17 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Celestine Kish, Project Manager, Directorate for Engineering Sciences, Consumer Product Safety Commission, National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850, Phone: 301 987-2547, Email: ckish@cpsc.gov. RIN: 3041-AD37 276. Rule Review of: Standard for the Flammability (Open Flame) of Mattress Sets (Completion of a Section 610 Review) Legal Authority: 5 U.S.C. 1193, Flammable Fabrics Act; 5 U.S.C. 610, Regulatory Flexibility Act Abstract: The Commission published the Standard for the Flammability (Open Flame) of Mattress Sets in March 2006. The Standard sets open flame performance measures on all mattress sets entered into commerce on or after the effective date in July 2007. The purpose of the rule review is to assess the impact of the rule on small entities and to determine whether the rule should be continued without change, or should be amended or rescinded to make the rule more effective or less burdensome while still maintaining safety objectives. CPSC staff solicited comments on the rule through a Federal Register Notice. Staff also conducted economic and fire loss data analyses to review the impact and effectiveness of the rule. Staff submitted a briefing package to the Commission on November 9, 2016. A Notice of Availability of the rule review was published in the Federal Register on December 19, 2016. Timetable: Action Date FR Cite Notice for Comment Published in the Federal Register 04/03/15 80 FR 18218 Comment Period End 06/02/15 Staff Sends Briefing Package to Commission 11/09/16 Notice of Availability Published in the Federal Register 12/19/16 81 FR 91923 Regulatory Flexibility Analysis Required: No. Agency Contact: Lisa Scott, Project Manager, Directorate for Laboratory Sciences, Consumer Product Safety Commission, National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850, Phone: 301 987-2064, Email: lscott@cpsc.gov. RIN: 3041-AD47 [FR Doc. 2017-16982 Filed 8-23-17; 8:45 am] BILLING CODE 6355-01-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2017-16982. Public record. Not legal advice.