22190 Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Proposed Rules CONSUMER PRODUCT SAFETY courier to: Office of the Secretary, second (m/s).1 The information COMMISSION Consumer Product Safety Commission, discussed in this preamble is derived Room 820, 4330 East West Highway, from CPSC staff’s briefing package for 16 CFR Part 1245 Bethesda, MD 20814; telephone (301) the NPR, which is available on CPSC’s RIN 3041–AC31 504–7923. Web site at: https://www.cpsc.gov/s3fs- Instructions: All submissions received public/Proposed%20Rule%20- [Docket No. CPSC–2011–0074] must include the agency name and %20Safety%20Standard docket number for this notice. All %20for%20Blade-Contact%20Injuries Safety Standard Addressing Blade- %20on%20Table%20Saws%20- Contact Injuries on Table Saws comments received may be posted without change, including any personal %20January%2017%202017.pdf. AGENCY: Consumer Product Safety identifiers, contact information, or other II. Statutory Authority Commission. personal information provided, to: Table saws are ‘‘consumer products’’ ACTION: Notice of proposed rulemaking. http://www.regulations.gov. Do not that can be regulated by the Commission submit confidential business SUMMARY: The U.S. Consumer Product under the authority of the CPSA. See 15 information, trade secret information, or U.S.C. 2052(a). Section 7 of the CPSA Safety Commission has determined other sensitive or protected information preliminarily that there may be an authorizes the Commission to that you do not want to be available to promulgate a mandatory consumer unreasonable risk of blade-contact the public. If furnished at all, such injuries associated with table saws. In product safety standard that sets forth information should be submitted in performance requirements for a 2015, there were an estimated 33,400 writing. table saw, emergency department- consumer product or that sets forth treated injuries. Of these, CPSC staff Docket: For access to the docket to requirements that a product be marked estimates that 30,800 (92 percent) are read background documents or or accompanied by clear and adequate likely related to the victim making comments received, go to: http:// warnings or instructions. A contact with the saw blade. CPSC staff’s www.regulations.gov, and insert the performance, warning, or instruction review of the existing data indicates that docket number CPSC–2011–0074, into standard must be reasonably necessary currently available safety devices, such the ‘‘Search’’ box, and follow the to prevent or reduce an unreasonable as the modular blade guard and riving prompts. risk or injury. Id. Section 9 of the CPSA specifies the knife, do not adequately address the FOR FURTHER INFORMATION CONTACT: unreasonable risk of blade-contact procedure that the Commission must Caroleene Paul, Directorate for follow to issue a consumer product injuries on table saws. To address this Engineering Sciences, U.S. Consumer risk, the Commission proposes a rule safety standard under section 7. In Product Safety Commission, 5 Research accordance with section 9, the that is based, in part, on work Place, Rockville, MD 20850; telephone conducted by Underwriters Laboratories Commission may commence rulemaking (301) 987–2225; fax (978) 367–9122; by issuing an ANPR; as noted, the Inc. The proposed rule would establish email [email protected]. Commission issued an ANPR on table a performance standard that requires saws in October 2011. (76 FR 62678 table saws, when powered on, to limit SUPPLEMENTARY INFORMATION: (October 11, 2011)). Section 9 authorizes the depth of cut to 3.5 millimeters when I. Background the Commission to issue an NPR, a test probe, acting as surrogate for a including the proposed rule and a human body/finger, contacts the On April 15, 2003, Stephen Gass, preliminary regulatory analysis, in spinning blade at a radial approach rate David Fanning, and James Fulmer, et al. accordance with section 9(c) of the of 1 meter per second (m/s). The (petitioners) requested that the CPSC CPSA and request comments regarding proposed rule would address an require performance standards for a the risk of injury identified by the estimated 54,800 medically treated system to reduce or prevent injuries Commission, the regulatory alternatives blade-contact injuries annually. The from contact with the blade of a table being considered, and other possible Commission estimates that the proposed saw. The petitioners are members of alternatives for addressing the risk. Id. rule’s aggregate net benefits on an SawStop, LLC, and its parent company, 2058(c). Next, the Commission will annual basis could range from about SD3, LLC (collectively, SawStop). On consider the comments received in $625 million to about $2,300 million. October 11, 2011, the Commission response to the proposed rule and DATES: Submit comments by July 26, published an advance notice of decide whether to issue a final rule, 2017. proposed rulemaking (ANPR) to along with a final regulatory analysis. ADDRESSES: You may submit comments, consider whether there may be an Id. 2058(c)–(f). The Commission also identified by Docket No. CPSC–2011– unreasonable risk of blade-contact must provide an opportunity for 0074, by any of the following methods: injuries associated with table saws. 76 interested persons to make oral Electronic Submissions: Submit FR 62678. The ANPR began a presentations of their data, views, or electronic comments to the Federal rulemaking proceeding under the arguments, in accordance with section eRulemaking Portal at: http:// Consumer Product Safety Act (CPSA). 9(d)(2) of the CPSA. Id. 2058(d)(2). www.regulations.gov. Follow the The Commission received According to section 9(f)(1) of the instructions for submitting comments. approximately 1,600 public comments. CPSA, before promulgating a consumer The Commission does not accept The Commission is now issuing a notice comments submitted by electronic mail of proposed rulemaking (NPR) to 1 The Commission voted 3–2 to publish this (email), except through address an unreasonable risk of blade- notice in the Federal Register. Commissioner contact injuries associated with table Robert S. Adler, Commissioner Elliot F. Kaye, and www.regulations.gov. The Commission Commissioner Marietta S. Robinson voted to encourages you to submit electronic saws that would limit the depth of cut approve publication of the proposed rule. Acting comments by using the Federal to 3.5 mm or less when a test probe, Chair Ann Marie Buerkle and Commissioner Joseph acting as surrogate for a human body/ P. Mohorovic voted against publication of the eRulemaking Portal, as described above. proposed rule. The Commissioners’ individual Written Submissions: Submit written finger, contacts the spinning blade at a statements are available at https://www.cpsc.gov/ submissions by mail/hand delivery/ radial approach rate of 1 meter per About-CPSC. VerDate Sep<11>2014 19:51 May 11, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\12MYP2.SGM 12MYP2 mstockstill on DSK30JT082PROD with PROPOSALS2 Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Proposed Rules 22191 product safety rule, the Commission issue a final rule, the Commission must reasonable relationship to its costs and must consider, and make appropriate find that the rule is ‘‘reasonably that the rule imposes the least findings to be included in the rule, on necessary to eliminate or reduce an burdensome requirements which the following issues: unreasonable risk of injury associated prevent or adequately reduce the risk of • The degree and nature of the risk of with such product’’ and that issuing the injury for which the rule is being injury that the rule is designed to rule is in the public interest. Id. promulgated. Id. 2058(f)(3)(E)&(F). 2058(f)(3)(A)&(B). Additionally, if a eliminate or reduce; III. The Product • the approximate number of voluntary standard addressing the risk consumer products subject to the rule; of injury has been adopted and A. Types of Table Saws • the need of the public for the implemented, the Commission must Table saws are stationary power tools products subject to the rule and the find that: used for the straight sawing of wood and • probable effect the rule will have on The voluntary standard is not likely other materials. The basic design of a utility, cost, or availability of such to eliminate or adequately reduce the table saw consists of a motor-driven saw products; and risk of injury, or that blade that protrudes through a flat table • the means to achieve the objective • substantial compliance with the surface. To make a cut, the operator of the rule while minimizing adverse voluntary standard is unlikely. Id. places the workpiece on the table and, effects on competition, manufacturing, 2058(f)(3(D). using a rip fence or miter gauge as a and commercial practices. Id. 2058(f)(1). The Commission also must find that guide, pushes the workpiece into the Under section 9(f)(3) of the CPSA, to expected benefits of the rule bear a blade (see Figure 1.) Table saws generally fall into three Bench saws are intended to be evolved to include saws with larger and product types: Bench saws, contractor transportable, so they tend to be small, heavier-duty table surfaces, with some saws, and cabinet saws.2 Although there lightweight, and relatively inexpensive. attached to a folding stand with wheels is no exact dividing line, the distinction In recent years, bench saw designs have to maintain mobility. These larger among these types of saws is generally portable saws on wheeled stands are based on size, weight, portability, power This product type typically operates in single phase called ‘‘jobsite’’ saws because they are transmission, and price.3 with a voltage range of 110–240 volts, generating capable of heavier-duty work, but they 1.75 to two horsepower, depending on the model.