Semiannual Regulatory Agenda

As Enacted ( Federal Register)

Cited in

Published date	22 February 2023
Record Number	2023-02038
Citation	88 FR 11324
Court	Consumer Product Safety Commission
Section	Proposed rules

11324

Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / 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 Office of the Secretary

on or before March 24, 2023.

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

Office of the Secretary, U.S. Consumer

Product Safety Commission, 4330 East-

West Highway, Bethesda, MD 20814–

4408.

FOR FURTHER INFORMATION CONTACT

: For

further information on the agenda, in

general, contact Daniel R. Vice, Office of

the General Counsel, U.S. Consumer

Product Safety Commission, 4330 East-

West Highway, Bethesda, MD 20814–

4408, dvice@cpsc.gov. For further

information regarding a particular item

on the agenda, contact the person listed

in the column titled, ‘‘Contact,’’ for that

particular 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 either 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 of 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 spring 2022 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.

Alberta E. Mills,

Secretary, Consumer Product Safety

Commission.

ONSUMER

RODUCT

AFETY

OMMISSION

—P

ROPOSED

ULE

TAGE

Sequence No. Title Regulation

Identifier No.

502 .................... Portable Generators ......................................................................................................................................... 3041–AC36

ONSUMER

RODUCT

AFETY

OMMISSION

—F

INAL

ULE

TAGE

Sequence No. Title Regulation

Identifier No.

503 .................... Regulatory Options for Table Saws (Reg Plan Seq No. 219) ........................................................................ 3041–AC31

504 .................... Petition for Rulemaking to Eliminate Accessible Cords on Window Covering Products (Reg Plan Seq No.

220).3041–AD31

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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda

ONSUMER

RODUCT

AFETY

OMMISSION

—F

INAL

ULE

TAGE

—Continued

Sequence No. Title Regulation

Identifier No.

505 .................... Furniture Tip Overs: Clothing Storage Units (Reg Plan Seq No. 221) .......................................................... 3041–AD65

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.

ONSUMER

RODUCT

AFETY

OMMISSION

—L

ONG

-T

ERM

CTIONS

Sequence No. Title Regulation

Identifier No.

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

ONSUMER

RODUCT

AFETY

OMMISSION

—C

OMPLETED

CTIONS

Sequence No. Title Regulation

Identifier No.

507 .................... Safety Standard for Magnets ........................................................................................................................... 3041–AD82

CONSUMER PRODUCT SAFETY

COMMISSION (CPSC)

Proposed Rule Stage

502. Portable Generators [3041–AC36]

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 fiscal year

2006, staff awarded a contract to

develop a prototype generator engine

with reduced CO in the exhaust. Also,

in fiscal year 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 fiscal year 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. In February

2022, staff delivered a briefing package

to the Commission with the results of

the effectiveness analysis and

information on the availability of

compliant generators in the

marketplace. Staff concluded that the

CO hazard-mitigation requirements of

one standard are more effective than the

other, but conformance to either

standard is low. Staff intends to deliver

an NPRM or supplemental NPRM

rulemaking briefing package on portable

generators to the Commission in fiscal

year 2023.

Timetable:

Action Date FR Cite

Staff Sent

ANPRM to

Commission.

07/06/06

Staff Sent Supple-

mental Material

to Commission.

10/12/06

Commission Deci-

sion. 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 Re-

port for Com-

ment.

10/10/12

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

Action Date FR Cite

NPRM Comment

Period Ex-

tended.

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 No-

tice of Avail-

ability to the

Commission.

06/26/19

Commission Deci-

sion. 07/02/19

Notice of Avail-

ability. 07/09/19 84 FR 32729

Staff Sends No-

tice of Avail-

ability to Com-

mission.

08/12/20

Commission Deci-

sion. 08/19/20

Notice of Avail-

ability. 08/24/20 85 FR 52096

Staff Report on

Effectiveness

Evaluation of

Voluntary

Standards.

02/16/22

Staff Sends

(S)NPRM brief-

ing package to

Commission.

01/00/23

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

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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda

CONSUMER PRODUCT SAFETY

COMMISSION (CPSC)

Final Rule Stage

503. Regulatory Options for Table Saws

[3041–AC31]

Regulatory Plan: This entry is Seq.

No. 219 in part II of this issue of the

Federal Register.

RIN: 3041–AC31

504. Petition for Rulemaking To

Eliminate Accessible Cords on Window

Covering Products [3041–AD31]

Regulatory Plan: This entry is Seq.

No. 220 in part II of this issue of the

Federal Register.

RIN: 3041–AD31

505. Furniture Tip Overs: Clothing

Storage Units [3041–AD65]

Regulatory Plan: This entry is Seq.

No. 221 in part II of this issue of the

Federal Register.

RIN: 3041–AD65

CONSUMER PRODUCT SAFETY

COMMISSION (CPSC)

Long-Term Actions

506. Recreational Off-Road Vehicles

[3041–AC78]

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 a notice of proposed

rulemaking (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 Fiscal Year 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 the rulemaking. On

September 22, 2020, the Commission

voted 2–2 on this matter. A majority was

not reached and no action is being

taken.

Timetable:

Action Date FR Cite

Staff Sends

ANPRM Brief-

ing Package to

Commission.

10/07/09

Commission Deci-

sion. 10/21/09

ANPRM ............... 10/28/09 74 FR 55495

ANPRM Comment

Period Ex-

tended.

12/22/09 74 FR 67987

Extended Com-

ment Period

End.

03/15/10

Staff Sends

NPRM Briefing

Package to

Commission.

09/24/14

Staff Sends Sup-

plemental Infor-

mation on

ROVs to Com-

mission.

10/17/14

Commission Deci-

sion. 10/29/14

NPRM Published

in Federal Reg-

ister.

11/19/14 79 FR 68964

NPRM Comment

Period Ex-

tended.

01/23/15 80 FR 3535

Extended Com-

ment Period

End.

04/08/15

Staff Sends Brief-

ing Package

Assessing Vol-

untary Stand-

ards to Com-

mission.

11/22/16

Commission Deci-

sion Not to Ter-

minate.

01/25/17

Action Date FR Cite

Staff Sends Brief-

ing Package to

Commission.

09/16/20

Commission Deci-

sion: Majority

Not Reached,

No Action Will

be Taken.

09/22/20

Next Step Unde-

termined. 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

507. Safety Standard for Magnets

[3041–AD82]

Legal Authority: 15 U.S.C. 553; 15

U.S.C. 2056; 15 U.S.C. 2058

Abstract: Based on direction in the

Commission’s Fiscal Year 2021

Operating Plan, staff submitted a notice

of proposed rulemaking (NPRM)

briefing package to the Commission on

October 6, 2021, to address the internal

interaction hazard associated with

ingestion of small, powerful magnets.

On December 14, 2021, the Commission

voted to approve publication of the

NPRM. On January 10, 2022, the NPRM

was published in the Federal Register,

seeking comments and initiating

rulemaking under the Consumer

Product Safety Act (15 U.S.C. 2051–

2089). The written comment period on

the NPRM closed on March 28, 2022.

On February 2, 2022, staff submitted to

the Commission a draft notice

announcing the opportunity for

interested parties to make oral

comments on the NPRM. On February 8,

2022, the Commission voted to approve

publication of the oral comment notice.

The oral comment notice was published

in the Federal Register on February 15,

2022, indicating that requests to present

at the oral hearing had to be provided

by February 23, 2022. The Commission

held the hearing on March 2,2022. On

August 17, 2022, staff submitted a final

rule briefing package to the

Commission. On September 7, 2022, the

Commission approved the Final Rule for

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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda

Magnets. On September 21, 2022, the

Final Rule for Magnets was published in

the Federal Register.

Timetable:

Action Date FR Cite

Staff Sends

NPRM Briefing

Package to

Commission.

10/06/21

Commission Deci-

sion. 12/14/21

NPRM .................. 01/10/22 87 FR 1260

Staff Sends Oral

Comment No-

tice to Commis-

sion.

02/02/22

Action Date FR Cite

Commission Deci-

sion on Oral

Comment No-

tice.

02/08/22

Oral Comment

Notice Pub-

lished.

02/15/22 87 FR 8442

Oral Comment

Hearing. 03/02/22

End of NPRM

Comment Pe-

riod.

03/28/22

Staff Sends Final

Rule Briefing

Package to

Commission.

08/17/22

Commission Deci-

sion. 09/07/22

Action Date FR Cite

Final Rule Pub-

lished. 09/21/22 87 FR 57756

Regulatory Flexibility Analysis

Required: Yes.

Agency Contact: Stephen Harsanyi,

Project Manager, Directorate for

Engineering Sciences, Consumer

Product Safety Commission, National

Product Testing and Evaluation Center,

5 Research Place, Rockville, MD 20850,

Phone: 301 987–2209, Email:

sharsanyi@cpsc.gov.

RIN: 3041–AD82

[FR Doc. 2023–02038 Filed 2–21–23; 8:45 am]

BILLING CODE 6355–01–P

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Semiannual Regulatory Agenda

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