80 FR 50238 - Petition Requesting Rulemaking on Products Containing Organohalogen Flame Retardants
CONSUMER PRODUCT SAFETY COMMISSION Federal Register Volume 80, Issue 160 (August 19, 2015)
Federal Register Volume 80, Issue 160 (August 19, 2015)
| Page Range | 50238-50239 | |
| FR Document | 2015-20454 |
[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)] [Proposed Rules] [Pages 50238-50239] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20454] ======================================================================= ----------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1500 [Docket No. CPSC-2015-0022] Petition Requesting Rulemaking on Products Containing Organohalogen Flame Retardants AGENCY: Consumer Product Safety Commission. ACTION: Notice of petition for rulemaking. ----------------------------------------------------------------------- SUMMARY: The United States Consumer Product Safety Commission (``CPSC'' or ``Commission'') received a petition requesting that the Commission initiate rulemaking under the Federal Hazardous Substances Act (``FHSA'') to declare several categories of products containing additive organohalogen flame retardants to be ``banned hazardous substances.'' The Commission invites written comments concerning the petition. DATES: The Office of the Secretary must receive comments on the petition by October 19, 2015. ADDRESSES: You may submit comments, identified by Docket No. CPSC-2015- 0022, by any of the following methods: Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at: http://www.regulations.gov. Follow the instructions for submitting comments. The Commission does not accept comments submitted by electronic mail (email), except through www.regulations.gov. The Commission encourages you to submit electronic comments by using the Federal eRulemaking Portal, as described above. Written Submissions: Submit written submissions by mail/hand delivery/courier to: Office of the Secretary, Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504-7923. Instructions: All submissions received must include the agency name and docket number for this proposed rulemaking. All comments received may be posted without change, including any personal identifiers, contact information, or other personal information provided, to: http://www.regulations.gov. Do not submit confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If furnished at all, such information should be submitted in writing. Docket: For access to the docket to read background documents or comments received, go to: http://www.regulations.gov, and insert the docket number, CPSC-2015-0022, into the ``Search'' box, and follow the prompts. A copy of the petition is available at http://www.regulations.gov under Docket No. CPSC-2015-0022, Supporting and Related Materials. FOR FURTHER INFORMATION CONTACT: Todd Stevenson, Office of the Secretary, U.S. Consumer Product Safety [[Page 50239]] Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504-6833. SUPPLEMENTARY INFORMATION: The Commission received a petition requesting that the Commission initiate rulemaking under the FHSA to declare several categories of products containing additive organohalogen flame retardants to be ``banned hazardous substances.'' Specifically, the request asks the Commission to declare that:Any durable infant or toddler product, children's toy, child care article, or other children's product (other than children's car seats) that contains additive organohalogen flame retardants, is a ``banned hazardous substance''; Any article of upholstered furniture sold for use in residences and containing additive organohalogen flame retardants is a ``hazardous substance'' and a ``banned hazardous substance''; Any mattress or mattress pad with additive organohalogen flame retardants is a ``hazardous substance'' and a ``banned hazardous substance''; and Any electronic device with additive organohalogen flame retardants in its plastic casing is a ``hazardous substance'' and a ``banned hazardous substance.'' The petition was filed by Earthjustice and the Consumer Federation of America, which are joined by American Academy of Pediatrics, American Medical Women's Association, Consumers Union, Green Science Policy Institute, International Association of Fire Fighters, Kids in Danger, Philip Landrigan, M.D., M.P.H., League of United Latin American Citizens, Learning Disabilities Association of America, and Worksafe. Petitioners assert that additive organohalogen flame retardants are used extensively in the consumer products categories that would be covered by their rulemaking request. Petitioners further assert that, based on the physico-chemical properties of additive organohalogen flame retardants, all such chemicals in this class will migrate out of consumer products and persist in the indoor environment. According to petitioners, because organohalogen flame retardants are, as a class, foreign to the human body and inherently toxic due to their physical, chemical, and biological properties, human exposure to these chemicals will result in adverse human health impacts. Finally, petitioners provide data and information regarding adverse human health impacts, which include reproductive impairment, neurological impacts, endocrine disruption and interference with thyroid hormone action, genotoxicity, cancer, and immune disorders. Petitioners assert that declaring the specified categories of products containing additive organohalogen flame retardants to be ``banned hazardous substances'' is necessary to adequately protect public health and safety. More specifically, petitioners assert that action short of a ban under the FHSA would not adequately protect the public health and safety because warning labeling cannot adequately prevent or control exposure to flame retardants that migrate from products into homes. Furthermore, petitioners argue that the ban must apply to the entire class of additive organohalogen flame retardants because banning only individual chemicals within that class would allow other inherently toxic chemicals within that class to be used. By this notice, the Commission seeks comments concerning this petition. Interested parties may obtain a copy of the petition by writing or calling the Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504-7923. A copy of the petition is also available for viewing under ``Supporting and Related Materials'' in www.regulations.gov under this docket number, Docket No. CPSC-2015- 0022. Dated: August 14, 2015. Todd A. Stevenson, Secretary, U.S. Consumer Product Safety Commission. [FR Doc. 2015-20454 Filed 8-18-15; 8:45 am] BILLING CODE 6355-01-P
![50238 Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Proposed Rules
Organization, Western Service Center, under the criteria of the Regulatory ACTION:Notice of petition for
Operations Support Group, 1601 Lind Flexibility Act. rulemaking.
Avenue SW., Renton, WA 98057.
Environmental Review SUMMARY: The United States Consumer
Persons interested in being placed on
a mailing list for future NPRMs should This proposal will be subject to an Product Safety Commission (‘‘CPSC’’ or
contact the FAA’s Office of Rulemaking, environmental analysis in accordance ‘‘Commission’’) received a petition
(202) 267–9677, for a copy of Advisory with FAA Order 1050.1E, requesting that the Commission initiate
Circular No. 11–2A, Notice of Proposed ‘‘Environmental Impacts: Policies and rulemaking under the Federal
Rulemaking Distribution System, which Procedures’’ prior to any FAA final Hazardous Substances Act (‘‘FHSA’’) to
describes the application procedure. regulatory action. declare several categories of products
containing additive organohalogen
Availability and Summary of List of Subjects in 14 CFR Part 71 flame retardants to be ‘‘banned
Documents Proposed for Incorporation Airspace, Incorporation by reference, hazardous substances.’’ The
by Reference Navigation (air). Commission invites written comments
This document proposes to amend concerning the petition.
The Proposed Amendment
FAA Order 7400.9Y, Airspace DATES: The Office of the Secretary must
Designations and Reporting Points, Accordingly, pursuant to the receive comments on the petition by
dated August 6, 2014, and effective authority delegated to me, the Federal October 19, 2015.
September 15, 2014. FAA Order Aviation Administration proposes to ADDRESSES: You may submit comments,
7400.9Y is publicly available as listed in amend 14 CFR part 71 as follows: identified by Docket No. CPSC–2015–
the ADDRESSES section of this proposed PART 71—DESIGNATION OF CLASS A, 0022, by any of the following methods:
rule. FAA Order 7400.9Y lists Class A, B, C, D, AND E AIRSPACE AREAS; AIR Electronic Submissions: Submit
B, C, D, and E airspace areas, air traffic TRAFFIC SERVICE ROUTES; AND electronic comments to the Federal
service routes, and reporting points. REPORTING POINTS eRulemaking Portal at: http://
www.regulations.gov. Follow the
The Proposal instructions for submitting comments.
■ 1. The authority citation for 14 CFR
The FAA is proposing an amendment part 71 continues to read as follows: The Commission does not accept
to Title 14 Code of Federal Regulations comments submitted by electronic mail
Authority: 49 U.S.C. 106(f), 106(g); 40103,
(14 CFR) Part 71 by removing Class E (email), except through
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
airspace designated as an extension to 1959–1963 Comp., p. 389. www.regulations.gov. The Commission
Class C airspace at Burbank-Glendale- encourages you to submit electronic
Pasadena Airport, Burbank, CA. A § 71.1 [Amended] comments by using the Federal
review of the airspace revealed removal ■ 2. The incorporation by reference in eRulemaking Portal, as described above.
necessary due to no standard instrument 14 CFR 71.1 of FAA Order 7400.9Y, Written Submissions: Submit written
approach procedures requiring Class E Airspace Designations and Reporting submissions by mail/hand delivery/
surface area airspace designated as an Points, dated August 6, 2014, and courier to: Office of the Secretary,
extension to the Class C airspace. effective September 15, 2014, is Consumer Product Safety Commission,
Class E airspace designations are amended as follows: Room 820, 4330 East West Highway,
published in paragraph 6003 of FAA Bethesda, MD 20814; telephone (301)
Order 7400.9Y, dated August 6, 2014, Paragraph 6003: The Class E Airspace Areas 504–7923.
and effective September 15, 2014, which Listed Below Consist of Airspace Extending Instructions: All submissions received
is incorporated by reference in 14 CFR Upward From the Surface Designated as an must include the agency name and
Extension to a Class C Surface Area docket number for this proposed
71.1. The Class E airspace designations
listed in this document will be * * * * * rulemaking. All comments received may
published subsequently in the Order. AWP CA E3 Burbank-Glendale-Pasadena be posted without change, including
Airport, CA [Removed] any personal identifiers, contact
Regulatory Notices and Analyses information, or other personal
The FAA has determined this Issued in Seattle, Washington, on August 6, information provided, to: http://
2015. www.regulations.gov. Do not submit
proposed regulation only involves an
established body of technical Christopher Ramirez, confidential business information, trade
regulations for which frequent and Manager, Operations Support Group, Western secret information, or other sensitive or
routine amendments are necessary to Service Center. protected information that you do not
keep them operationally current. [FR Doc. 2015–20294 Filed 8–18–15; 08:45 am] want to be available to the public. If
Therefore, this proposed regulation; (1) BILLING CODE 4910–13–P furnished at all, such information
is not a ‘‘significant regulatory action’’ should be submitted in writing.
under Executive Order 12866; (2) is not Docket: For access to the docket to
a ‘‘significant rule’’ under DOT CONSUMER PRODUCT SAFETY read background documents or
Regulatory Policies and Procedures (44 COMMISSION comments received, go to: http://
FR 11034; February 26, 1979); and (3) www.regulations.gov, and insert the
does not warrant preparation of a 16 CFR Part 1500 docket number, CPSC–2015–0022, into
rmajette on DSK2VPTVN1PROD with PROPOSALS
regulatory evaluation as the anticipated the ‘‘Search’’ box, and follow the
impact is so minimal. Since this is a [Docket No. CPSC–2015–0022] prompts. A copy of the petition is
routine matter that will only affect air available at http://www.regulations.gov
Petition Requesting Rulemaking on under Docket No. CPSC–2015–0022,
traffic procedures and air navigation, it Products Containing Organohalogen
is certified this proposed rule, when Supporting and Related Materials.
Flame Retardants
promulgated, would not have a FOR FURTHER INFORMATION CONTACT:
significant economic impact on a AGENCY:Consumer Product Safety Todd Stevenson, Office of the Secretary,
substantial number of small entities Commission. U.S. Consumer Product Safety
VerDate Sep<11>2014 15:11 Aug 18, 2015 Jkt 235001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\19AUP1.SGM 19AUP1](https://thefederalregister.org/doc/80_FR_50398/page/1.svg)
![Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Proposed Rules 50239
Commission, Room 820, 4330 East West reproductive impairment, neurological definition of passive income under
Highway, Bethesda, MD 20814; impacts, endocrine disruption and section 1297(b)(2)(B).
telephone (301) 504–6833. interference with thyroid hormone DATES: The public hearing is being held
SUPPLEMENTARY INFORMATION: The action, genotoxicity, cancer, and on Friday, September 18, 2015, at 10:00
Commission received a petition immune disorders. a.m. The IRS must receive outlines of
requesting that the Commission initiate Petitioners assert that declaring the the topics to be discussed at the public
rulemaking under the FHSA to declare specified categories of products hearing by Wednesday, August 26,
several categories of products containing additive organohalogen 2015.
containing additive organohalogen flame retardants to be ‘‘banned
ADDRESSES: The public hearing is being
flame retardants to be ‘‘banned hazardous substances’’ is necessary to
held in the IRS Auditorium, Internal
hazardous substances.’’ Specifically, the adequately protect public health and Revenue Service Building, 1111
request asks the Commission to declare safety. More specifically, petitioners Constitution Avenue NW., Washington,
that: assert that action short of a ban under DC 20224. Due to building security
• Any durable infant or toddler the FHSA would not adequately protect procedures, visitors must enter at the
product, children’s toy, child care the public health and safety because Constitution Avenue entrance. In
article, or other children’s product warning labeling cannot adequately addition, all visitors must present photo
(other than children’s car seats) that prevent or control exposure to flame identification to enter the building.
contains additive organohalogen flame retardants that migrate from products Send Submissions to CC:PA:LPD:PR
retardants, is a ‘‘banned hazardous into homes. Furthermore, petitioners (REG–108214–15), Room 5205, Internal
substance’’; argue that the ban must apply to the Revenue Service, P.O. Box 7604, Ben
• Any article of upholstered furniture entire class of additive organohalogen Franklin Station, Washington, DC
sold for use in residences and flame retardants because banning only 20044. Submissions may be hand-
containing additive organohalogen individual chemicals within that class delivered Monday through Friday to
flame retardants is a ‘‘hazardous would allow other inherently toxic CC:PA:LPD:PR (REG–108214–15),
substance’’ and a ‘‘banned hazardous chemicals within that class to be used. Couriers Desk, Internal Revenue
substance’’; By this notice, the Commission seeks Service, 1111 Constitution Avenue NW.,
• Any mattress or mattress pad with comments concerning this petition. Washington, DC 20224 or sent
additive organohalogen flame retardants Interested parties may obtain a copy of electronically via the Federal
is a ‘‘hazardous substance’’ and a the petition by writing or calling the eRulemaking Portal at
‘‘banned hazardous substance’’; and Office of the Secretary, U.S. Consumer www.regulations.gov (REG–108214–15).
• Any electronic device with additive Product Safety Commission, Room 820,
FOR FURTHER INFORMATION CONTACT:
organohalogen flame retardants in its 4330 East West Highway, Bethesda, MD
Concerning the proposed regulations,
plastic casing is a ‘‘hazardous 20814; telephone (301) 504–7923. A
Josephine Firehock at (202) 317–4932;
substance’’ and a ‘‘banned hazardous copy of the petition is also available for
concerning submissions of comments,
substance.’’ viewing under ‘‘Supporting and Related
the hearing and/or to be placed on the
The petition was filed by Earthjustice Materials’’ in www.regulations.gov
building access list to attend the hearing
and the Consumer Federation of under this docket number, Docket No.
Oluwafunmilayo Taylor at (202) 317–
America, which are joined by American CPSC–2015–0022.
6901 (not toll-free numbers).
Academy of Pediatrics, American Dated: August 14, 2015. SUPPLEMENTARY INFORMATION: The
Medical Women’s Association, Todd A. Stevenson, subject of the public hearing is the
Consumers Union, Green Science Policy Secretary, U.S. Consumer Product Safety notice of proposed rulemaking (REG–
Institute, International Association of Commission. 108214–15) that was published in the
Fire Fighters, Kids in Danger, Philip [FR Doc. 2015–20454 Filed 8–18–15; 8:45 am] Federal Register on Friday, April 24,
Landrigan, M.D., M.P.H., League of BILLING CODE 6355–01–P 2015 (80 FR 22954).
United Latin American Citizens, The rules of 26 CFR 601.601(a)(3)
Learning Disabilities Association of apply to the hearing. Persons who wish
America, and Worksafe. DEPARTMENT OF THE TREASURY to present oral comments at the hearing
Petitioners assert that additive that submitted written comments by
organohalogen flame retardants are used Internal Revenue Service July 23, 2015, must submit an outline of
extensively in the consumer products the topics to be addressed and the
categories that would be covered by 26 CFR Part 1 amount of time to be denoted to each
their rulemaking request. Petitioners topic by Wednesday, August 19, 2015.
[REG–108214–15]
further assert that, based on the physico- A period of 10 minutes is allotted to
chemical properties of additive RIN 1545–BM69 each person for presenting oral
organohalogen flame retardants, all such comments. After the deadline for
chemicals in this class will migrate out Exception From Passive Income for receiving outlines has passed, the IRS
of consumer products and persist in the Certain Foreign Insurance Companies; will prepare an agenda containing the
indoor environment. According to Hearing schedule of speakers. Copies of the
petitioners, because organohalogen AGENCY: Internal Revenue Service (IRS), agenda will be made available, free of
flame retardants are, as a class, foreign Treasury. charge, at the hearing or in the Freedom
rmajette on DSK2VPTVN1PROD with PROPOSALS
to the human body and inherently toxic ACTION: Notice of a public hearing on of Information Reading Room (FOIA RR)
due to their physical, chemical, and notice of proposed rulemaking. (Room 1621) which is located at the
biological properties, human exposure 11th and Pennsylvania Avenue NW.,
to these chemicals will result in adverse SUMMARY: This document provides a entrance, 1111 Constitution Avenue
human health impacts. Finally, notice of public hearing on proposed NW., Washington, DC 20224.
petitioners provide data and regulations that provide guidance Because of access restrictions, the IRS
information regarding adverse human regarding when a foreign insurance will not admit visitors beyond the
health impacts, which include company’s income is excluded from the immediate entrance area more than 30
VerDate Sep<11>2014 15:11 Aug 18, 2015 Jkt 235001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\19AUP1.SGM 19AUP1](https://thefederalregister.org/doc/80_FR_50398/page/2.svg)
Document Created: 2015-12-15 11:58:53
Document Modified: 2015-12-15 11:58:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of petition for rulemaking. | |
| Dates | The Office of the Secretary must receive comments on the petition by October 19, 2015. | |
| Contact | Todd Stevenson, Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504-6833. | |
| FR Citation | 80 FR 50238 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR