80 FR 61729 - Amendment To Clarify When Component Part Testing Can Be Used and Which Textile Products Have Been Determined Not To Exceed the Allowable Lead Content Limits
CONSUMER PRODUCT SAFETY COMMISSION Federal Register Volume 80, Issue 198 (October 14, 2015)
Federal Register Volume 80, Issue 198 (October 14, 2015)
| Page Range | 61729-61733 | |
| FR Document | 2015-25932 |
[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)] [Rules and Regulations] [Pages 61729-61733] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25932] ======================================================================= ----------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1109 and 1500 [Docket No. CPSC-2011-0081] Amendment To Clarify When Component Part Testing Can Be Used and Which Textile Products Have Been Determined Not To Exceed the Allowable Lead Content Limits AGENCY: U.S. Consumer Product Safety Commission. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Consumer Product Safety Act (``CPSA'') requires third party testing and certification of children's products that are subject to children's product safety rules. The Consumer Product Safety Commission (``Commission,'' or ``CPSC'') has previously issued regulations related to this requirement: A regulation that allows parties to test and certify component parts of products under certain circumstances; and a regulation determining that certain materials or products do not require lead content testing. The Commission is issuing a direct final rule clarifying when component part testing can be used and clarifying which textile products have been determined not to exceed the allowable lead content limits. DATES: The rule is effective on December 14, 2015, unless we receive significant adverse comment by November 13, 2015. If we receive a timely significant adverse comment, we will publish notification in the Federal Register, withdrawing this direct final rule before its effective date. ADDRESSES: You may submit comments, identified by Docket No. CPSC-2011- 0081, by any of the following methods: Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at: www.regulations.gov. Follow the instructions for submitting comments. The Commission does not accept comments submitted by electronic mail [[Page 61730]] (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 notice. All comments received may be posted without change, including any personal identifiers, contact information, or other personal information provided, to: 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: www.regulations.gov, and insert the docket number CPSC-2011-0081, into the ``Search'' box, and follow the prompts. FOR FURTHER INFORMATION CONTACT: Kristina Hatlelid, Ph.D., M.P.H., Directorate for Health Sciences, U.S. Consumer Product Safety Commission, 5 Research Place, Rockville, MD 20850; (301) 987-2558; email; [email protected]. SUPPLEMENTARY INFORMATION: A. Background Section 14(a) of the CPSA, as amended by the Consumer Product Safety Improvement Act of 2008 (``CPSIA''), requires that manufacturers of products subject to a consumer product safety rule or similar rule, ban, standard or regulation enforced by the CPSC must certify that the product complies with all applicable CPSC-enforced requirements. 15 U.S.C. 2063(a). For children's products, certification must be based on testing conducted by a CPSC-accepted third party conformity assessment body. Id. Public Law 112-28 (August 12, 2011) directed the CPSC to seek comment on ``opportunities to reduce the cost of third party testing requirements consistent with assuring compliance with any applicable consumer product safety rule, ban, standard, or regulation.'' In response to Public Law 112-28, the Commission published in the Federal Register a Request for Comment (``RFC''). See http://www.cpsc.gov//PageFiles/103251/3ptreduce.pdf. As directed by the Commission, staff submitted a briefing package to the Commission that described opportunities that the Commission could pursue to potentially reduce the third party testing costs consistent with assuring compliance. See http://www.cpsc.gov/PageFiles/129398/reduce3pt.pdf. In addition to soliciting and reviewing comments as required by Public Law 112-28, the Commission published in the Federal Register on April 16, 2013 a Request for Information (``RFI'') on four potential opportunities to reduce testing burdens. See http://www.thefederalregister.org/fdsys/pkg/FR-2013-04-16/pdf/2013-08858.pdf. In February 2014, the Commission also published a notice in the Federal Register of a CPSC workshop on potential ways to reduce third party testing costs through determinations consistent with assuring compliance. See http://www.thefederalregister.org/fdsys/pkg/FR-2014-02-27/pdf/2014-04265.pdf. The workshop was held on April 3, 2014. The Commission has issued several regulations concerning third party testing and certification. In this direct final rule, the Commission clarifies provisions in two such regulations. The Commission believes that these clarifications will enable manufacturers to better understand their testing obligations so that they can avoid unnecessary testing. B. Amendment to Part 1109 1. Background In November 2011, the Commission promulgated 16 CFR part 1109, Conditions and Requirements for Relying on Component Part Testing or Certification, or Another Party's Finished Product Testing or Certification, to Meet Testing and Certification Requirements (``component part testing rule''). Through the component part testing rule the Commission sought to help manufacturers meet their testing, continuing testing, and certification obligations under section 14 of the CPSA. The component part testing rule is intended to give all parties involved in testing and certifying consumer products pursuant to section 14 of the CPSA the flexibility to procure or rely on required certification testing where such testing is easiest to conduct or least expensive. 2. Description of the Amendment Subpart A of 16 CFR part 1109 provides the general requirements for component part testing, and subparts B and C provide for additional conditions for specific products and requirements. Although the component part testing rule does not specifically limit the applicability of component part testing to just those products and requirements included in subparts B and C, the inclusion in the rule of conditions and requirements for specific products and requirements may have been misinterpreted by stakeholders as excluding the option of component part testing for other products and requirements that are not explicitly specified in the requirements currently referenced in subpart B (paint, lead content of children's products, and phthalates in children's toys and child care articles). An example of a requirement not explicitly specified in subpart B of 16 CFR part 1109 where component part testing may be used is the requirement for the solubility of specified chemicals for toy substrate materials other than paints in the ASTM F963 mandatory toy standard. This amendment makes the following revisions to the component part testing rule. Section 1109.1(c) is revised to clarify that subpart B applies only to products or requirements expressly identified in subpart B rather than placing limitations on the use of component part testing of chemical content. Section 1109.5(a) is revised to clarify that the requirements of subpart B and C are only required if applicable in the circumstances identified in subparts B and C. Thus, manufacturers are free to use component part testing in addition to the specific circumstances in subpart B (paint, lead content of children's products, and phthalates in children's toys and child care articles) and subpart C (composite testing). In addition, the amendment brings two other provisions in the component part rule up to date. Section 1109.11(a) currently refers to an older version of the mandatory toy standard, ASTM F963-08. However, the toy standard has been revised, and the appropriate reference should be ASTM F963-11. The amendment revises section 1109.11(a) to update the obsolete references to the mandatory toy standard. The amendment also updates section 1109.13 to refer to guidance that the Commission issued after publication of the component part rule. Section 1109.13 addresses when a certifier may rely on component part testing for phthalates in children's toys and child care articles. The amendment adds a reference to the Commission's guidance concerning inaccessible component parts (16 CFR part 1199). This change will make the provision concerning phthalates (section 1109.13) consistent [[Page 61731]] with the provision concerning lead (section 1109.12) and will help certifiers understand which components are inaccessible and do not need to be tested for phthalate content. These revisions to part 1109 do not, and are not intended to, make any substantive revisions to the existing rule, but rather clarify what the Commission intended when the rule was originally promulgated and bring the rule up to date by referencing current regulations. C. Amendment to Part 1500 1. Background The Commission determined by rule that certain products and materials inherently do not contain lead at levels that exceed the lead content limits under section 101(a) of the CPSIA, so long as those materials have not been treated or adulterated with materials that could add lead. 16 CFR 1500.91. The effect of these determinations is to relieve the material or product from the third party testing requirement. Section 1500.91(d)(7) states that such a determination applies to ``textiles (excluding after-treatment applications, including screen prints, transfers, decals, or other prints) consisting of [various fibers].'' 16 CFR 1500.91(d)(7) (emphasis added). Thus, the rule determined that dyes and dyed textiles do not contain lead. As explained in the preamble to the determination rule, dyes are organic chemicals that can be dissolved and made soluble in water or another carrier so that they penetrate into the fiber. 74 FR 43031, 43036 (Aug. 26, 2009). Dyes can be applied to textiles at the fiber, yarn, fabric or finished product stage. Although some dye baths may contain lead, the colorant that is retained by the finished textile after rinsing would not contain lead above a non-detectable lead level. In contrast to dyes, pigments may be either organic or inorganic and they are insoluble in water. Some textiles may have lead based paints and pigments that are directly incorporated onto the textile product or added to the surface of textiles. Examples are decals, transfers, and screen printing. Id. The reference in the rule to ``other prints'' referred only to those after-treatment applications that use non-dye substances. Such prints, in which the non-dye substances do not become part of the fiber matrix but remain a surface coating, could contain lead, and are subject to the testing required under the CPSIA for children's products. The American Apparel & Footwear Association (``AAFA'') has expressed confusion about the phrase ``or other prints'' in 16 CFR 1500.91(d)(7). AAFA argues that this phrase can be read to exclude from the determination rule items that are dyed (and are lead free) merely because of the technique used to apply colorant.\1\ AAFA asserts that this interpretation has resulted in a ``significant amount of unnecessary testing.'' The Commission is amending the rule to reduce any confusion about the meaning of the phrase ``or other prints'' in 16 CFR 1500.91(d)(7). --------------------------------------------------------------------------- \1\ Letter from the American Apparel and Footwear Association to Robert Adler, Acting Chairman of the Consumer Product Safety Commission (June 2, 2014). Available as document CPSC-2011-0081-0059 in docket CPSC-2011-0081 at www.regulations.gov. --------------------------------------------------------------------------- As discussed above, the preamble to the determination rule explained the parameters of the determination regarding textiles. Whether textiles require testing for lead content depends on whether the products are dyed or include other non-dye finishes, decorations, colorants, or prints, and not on the techniques that are used in manufacturing, printing, or applying such products. Some printing, treatments, and applications involve dyes that do not contain lead, others may use paints, pigments, or inks that may contain lead. The phrase ``or other prints'' in the exclusion in 1500.91(d)(7) may mistakenly give the impression that the application process (e.g., printing) is a determining factor. The Commission is amending the provision to clarify that dyed textiles, regardless of the techniques used to produce such materials and apply such colorants, are not subject to required testing for lead in paint or for total lead content. 2. Description of the Amendment Section 1500.91(d)(7) is revised to clarify that the Commission has determined that textiles that have treatments and applications consisting entirely of dyes do not exceed the lead content limits, and are not subject to the third party testing requirements for children's products, so long as those materials have not been treated or adulterated with materials that could add lead. The amendment does not make any substantive change in the requirements of the current rule. D. Direct Final Rule Process The Commission is issuing these amendments as a direct final rule (``DFR''). The Administrative Procedure Act (``APA'') generally requires notice and comment rulemaking 5 U.S.C. 553(b). In Recommendation 95-4, the Administrative Conference of the United States (``ACUS'') endorsed direct final rulemaking as an appropriate procedure to expedite promulgation of rules that are noncontroversial and that are not expected to generate significant adverse comment. See 60 FR 43108 (August 18, 1995). Consistent with the ACUS recommendation, the Commission is publishing this rule as a direct final rule because we believe the clarifications will not be controversial. The rule will not impose any new obligations, but rather will clarify existing rules to make clear what is permissible and what is required to be third party tested. We expect that the clarifications will be supported by stakeholders. The clarifications respond to the desire expressed by numerous stakeholders and Congress that the Commission provide relief from the burdens of third party testing while also ensuring that products will comply with all applicable children's product safety rules. We expect that these clarifications will not engender any significant adverse comments. Unless we receive a significant adverse comment within 30 days, the rule will become effective on December 14, 2015. In accordance with ACUS's recommendation, the Commission considers a significant adverse comment to be one where the commenter explains why the rule would be inappropriate, including an assertion challenging the rule's underlying premise or approach, or a claim that the rule would be ineffective or unacceptable without change. Should the Commission receive a significant adverse comment, the Commission will withdraw this direct final rule. If a significant adverse comment is received for an amendment to only one of the two rules being revised in the direct final rule, the Commission will only withdraw the amendment to the rule receiving a significant adverse comment. A notice of proposed rulemaking (``NPR''), providing an opportunity for public comment, is also being published in this same issue of the Federal Register. E. Effective Date The APA generally requires that a substantive rule must be published not less than 30 days before its effective date. 5 U.S.C. 553(d)(1). Because the final rule provides relief from existing testing requirements under the CPSIA, the effective date is December 14, 2015. However, as discussed in section D of the preamble, if the Commission receives a significant adverse comment the Commission will withdraw the DFR and proceed with the NPR published in this same issue of the Federal Register. [[Page 61732]] F. Regulatory Flexibility Act The Regulatory Flexibility Act (``RFA'') generally requires that agencies review proposed and final rules for the rules' potential economic impact on small entities, including small businesses, and prepare regulatory flexibility analyses. 5 U.S.C. 603 and 604. The revisions to the component part testing rule clarify that component part testing can be used whenever tests on a component part will provide the same information about the compliance of the finished product as would be provided by tests of the component after it is incorporated into or applied to a finished product. The revisions do not make any substantive changes in the requirements of the current component part rule. Therefore, the number of manufacturers affected should be small. The changes will not increase costs for any entities. Therefore, the changes to the rule are not expected to have a significant impact on a substantial number of small entities. The revision to the lead determination rule clarifies that textiles that have treatments and applications that consist entirely of dyes are determined by the Commission not to exceed the lead content limits, and are not subject to the third party testing requirements for children's products. The amendment does not make any substantive change in the requirement of the current rule. The change will not increase costs for any entities. Therefore, the change to the rule is not expected to have a significant impact on a substantial number of small entities. Due to the small number of entities affected and the limited scope of the impact, the Commission certifies that this rule will not have a significant impact on a substantial number of small entities pursuant to section 605(b) of the RFA, 5 U.S.C. 605(b). G. Environmental Considerations The Commission's regulations provide a categorical exclusion for Commission rules from any requirement to prepare an environmental assessment or an environmental impact statement because they ``have little or no potential for affecting the human environment.'' 16 CFR 1021.5(c)(2). This rule falls within the categorical exclusion, so no environmental assessment or environmental impact statement is required. The Commission's regulations state that safety standards for products normally have little or no potential for affecting the human environment. 16 CFR 1021.5(c)(1). Nothing in this rule alters that expectation. List of Subjects 16 CFR Part 1109 Business and industry, Children, Consumer protection, Imports, Product testing and certification, Records, Record retention, Toys. 16 CFR Part 1500 Consumer protection, Hazardous materials, Hazardous substances, Imports, Infants and children, Labeling, Law enforcement, and Toys. For the reasons discussed in the preamble, the Commission amends Title 16 of the Code of Federal Regulations, as follows: PART 1109--CONDITIONS AND REQUIREMENTS FOR RELYING ON COMPONENT PART TESTING OR CERTIFICATION, OR ANOTHER PARTY'S FINISHED PRODUCT TESTING OR CERTIFICATION, TO MEET TESTING AND CERTIFICATION REQUIREMENTS 0 1. The authority citation for part 1109 continues to read as follows: Authority: Secs. 3 and 102, Pub. L. 110-314, 122 Stat. 3016; 15 U.S.C 2063. 0 2. Amend Sec. 1109.1 by revising paragraph (c) to read as follows: Sec. 1109.1 Scope. * * * * * (c) Subpart A establishes general requirements for component part testing and certification, and relying on component part testing or certification, or another party's finished product certification or testing, to support a certificate of compliance issued pursuant to section 14(a) of the Consumer Product Safety Act (CPSA) or to meet continued testing requirements pursuant to section 14(i) of the CPSA. Subpart B sets forth additional requirements for component part testing for specific consumer products, component parts, and chemicals. Subpart B is applicable only to those products or requirements expressly included in subpart B. Subpart C describes the conditions and requirements for composite testing. 0 3. Amend Sec. 1109.5 by revising the first sentence in paragraph (a) to read as follows: Sec. 1109.5 Conditions, requirements, and effects generally. (a) Component part testing allowed. Any party, including a component part manufacturer, a component part supplier, a component part certifier, or a finished product certifier, may procure component part testing as long as it complies with the requirements in this section, and with the requirements of subparts B and C of this part, if applicable in the circumstanced identified in subparts B and C. * * * * * * * * 0 4. Amend Sec. 1109.11 by revising paragraph (a) to read as follows: Sec. 1109.11 Component part testing for paint. (a) Generally. The Commission will permit certification of a consumer product, or a component part of a consumer product, as being in compliance with the lead paint limit of part 1303 of this chapter or the content limits for paint on toys of section 4.3 of ASTM F 963-11 or any successor standard of section 4.3 of ASTM F 963-11 accepted by the Commission if, for each paint used on the product, the requirements in Sec. 1109.5 and paragraph (b) of this section are met. * * * * * 0 5. Revise Sec. 1109.13 to read as follows: Sec. 1109.13 Component part testing for phthalates in children's toys and child care articles. A certifier may rely on component part testing of appropriate component parts of a children's toy or child care article for phthalate content provided that the requirements in Sec. 1109.5 are met, and the determination of which, if any, parts are inaccessible pursuant to section 108(d) of the CPSIA and part 1199 of this chapter is based on an evaluation of the finished product. 0 6. Revise part 1500 to read as follows: PART 1500--HAZARDOUS SUBSTANCES AND ARTICLES: ADMINISTRATION AND ENFORCEMENT REGULATIONS 0 7. The authority citation for part 1109 continues to read as follows: Authority: 15 U.S.C. 1261-1278, 122 Stat. 3016. 0 8. Amend Sec. 1500.91 by revising paragraph (d)(7) introductory text to read as follows: Sec. 1500.91 Determinations regarding lead content for certain materials or products under section 101 of the Consumer Product Safety Improvement Act. (d) * * * (7) Textiles (excluding any textiles that contain treatments or applications [[Page 61733]] that do not consist entirely of dyes) consisting of: * * * * * Todd A. Stevenson, Secretary, Consumer Product Safety Commission. [FR Doc. 2015-25932 Filed 10-13-15; 8:45 am] BILLING CODE 6355-01-P
![Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations 61729
The R–3602B boundary information expected to cause any potentially Time of designation. Continuous.
reference to the Marshall Army Air significant environmental impacts, and Controlling agency. FAA, Kansas City
Field RBN navigation aid is amended to no extraordinary circumstances exists ARTCC.
reflect the ‘‘Cavalry NDB.’’ that warrant preparation of an Using agency. U.S. Army, Commanding
Lastly, the R–3602A and R–3602B General, Fort Riley, KS.
environmental assessment.
using agency information is changed by * * * * *
prefacing the existing using agency with List of Subjects in 14 CFR Part 73
Issued in Washington, DC, on October 7,
‘‘U.S. Army.’’ Airspace, Prohibited areas, Restricted 2015.
This change does not affect the areas. Gary A. Norek,
boundaries, designated altitudes, Manager, Airspace Policy Group.
activities conducted within the Adoption of the Amendment
[FR Doc. 2015–26134 Filed 10–13–15; 8:45 am]
restricted areas or the actual physical In consideration of the foregoing, the
BILLING CODE 4910–13P
location of the airspace; therefore, Federal Aviation Administration
notice and public procedure under 5 amends 14 CFR part 73 as follows:
U.S.C. 553(b) are unnecessary.
The corresponding restricted area PART 73—SPECIAL USE AIRSPACE CONSUMER PRODUCT SAFETY
boundary segment amendments noted COMMISSION
previously are also made to the Riley ■ 1. The authority citation for part 73
continues to read as follows: 16 CFR Part 1109 and 1500
MOA boundary information, as needed,
to retain shared boundary segments Authority: 49 U.S.C. 106(f), 106(g); 40103, [Docket No. CPSC–2011–0081]
with R–3602A and R–3602B. And, the 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
Riley MOA using agency information is 1959–1963 Comp., p. 389. Amendment To Clarify When
amended to match the restricted areas Component Part Testing Can Be Used
using agency information. The amended § 73.36 [Amended] and Which Textile Products Have Been
Riley MOA boundary and using agency ■ 2. Section 73.36 is amended as Determined Not To Exceed the
information changes addressed in this follows: Allowable Lead Content Limits
rule will be published in the NFDD as AGENCY: U.S. Consumer Product Safety
a separate action with a matching R–3602A Manhattan, KS [Amended]
Commission.
effective date. Boundaries. Beginning at lat. 39°17′45″ N.,
ACTION: Direct final rule.
This action does not affect the overall long. 96°49′51″ W.; to lat. 39°17′54″ N., long.
restricted area or MOA boundaries; 96°50′12″ W.; to lat. 39°17′43″ N., long. SUMMARY: The Consumer Product Safety
designated altitudes; times of 96°52′27″ W.; to lat. 39°18′21″ N., long.
96°53′49″ W.; to lat. 39°18′09″ N., long.
Act (‘‘CPSA’’) requires third party
designation; or activities conducted testing and certification of children’s
within the restricted areas and MOA. 96°55′04″ W.; to lat. 39°18′23″ N., long.
96°55′59″ W.; to lat. 39°18′24″ N., long. products that are subject to children’s
Regulatory Notices and Analyses 96°57′39″ W.; to lat. 39°12′40″ N., long. product safety rules. The Consumer
96°57′40″ W.; thence along the shoreline of Product Safety Commission
The FAA has determined that this the main body of Milford Reservoir to lat. (‘‘Commission,’’ or ‘‘CPSC’’) has
regulation only involves an established 39°10′58″ N., long. 96°54′39″ W.; to lat. previously issued regulations related to
body of technical regulations for which 39°10′58″ N., long. 96°53′14″ W.; to lat. this requirement: A regulation that
frequent and routine amendments are 39°08′22″ N., long. 96°53′14″ W.; to lat. allows parties to test and certify
necessary to keep them operationally 39°08′22″ N., long. 96°49′53″ W.; to the point
of beginning.
component parts of products under
current. It, therefore: (1) Is not a
Designated altitudes. Surface to FL 290. certain circumstances; and a regulation
‘‘significant regulatory action’’ under
Time of designation. Continuous. determining that certain materials or
Executive Order 12866; (2) is not a
Controlling agency. FAA, Kansas City products do not require lead content
‘‘significant rule’’ under Department of
ARTCC. testing. The Commission is issuing a
Transportation (DOT) Regulatory Using agency. U.S. Army, Commanding direct final rule clarifying when
Policies and Procedures (44 FR 11034; General, Fort Riley, KS. component part testing can be used and
February 26, 1979); and (3) does not
R–3602B Manhattan, KS [Amended] clarifying which textile products have
warrant preparation of a regulatory
Boundaries. Beginning at lat. 39°17′45″ N.,
been determined not to exceed the
evaluation as the anticipated impact is
long. 96°49′51″ W.; to lat. 39°08′22″ N., long. allowable lead content limits.
so minimal. Since this is a routine
matter that only affects air traffic 96°49′53″ W.; to lat. 39°07′54″ N., long. DATES: The rule is effective on
procedures and air navigation, it is 96°49′53″ W.; to lat. 39°04′24″ N., long. December 14, 2015, unless we receive
96°52′23″ W.; to lat. 39°04′24″ N., long. significant adverse comment by
certified that this rule, when 96°51′16″ W.; thence clockwise along the arc
promulgated, does not have a significant November 13, 2015. If we receive a
of a 4 nautical mile radius circle centered on timely significant adverse comment, we
economic impact on a substantial the Cavalry NDB at lat. 39°01′34″ N., long.
number of small entities under the will publish notification in the Federal
96°47′40″ W.; to lat. 39°05′25″ N., long.
criteria of the Regulatory Flexibility Act. 96°46′18″ W.; to lat. 39°06′25″ N., long. Register, withdrawing this direct final
96°44′41″ W.; to lat. 39°08′20″ N., long. rule before its effective date.
Environmental Review 96°43′01″ W.; to lat. 39°09′23″ N., long. ADDRESSES: You may submit comments,
The FAA has determined that this 96°43′01″ W.; to lat. 39°10′43″ N., long. identified by Docket No. CPSC–2011–
action qualifies for categorical exclusion 96°40′56″ W.; to lat. 39°12′17″ N., long. 0081, by any of the following methods:
under the National Environmental 96°40′56″ W.; to lat. 39°13′00″ N., long. Electronic Submissions: Submit
tkelley on DSK3SPTVN1PROD with RULES
Policy Act in accordance with FAA 96°42′36″ W.; to lat. 39°13′15″ N., long. electronic comments to the Federal
96°42′36″ W.; to lat. 39°13′59″ N., long.
Order 1050.1F, Environmental Impacts: 96°45′25″ W.; to lat. 39°14′34″ N., long.
eRulemaking Portal at:
Policies and Procedures, paragraph 5– 96°45′58″ W.; to lat. 39°15′20″ N., long. www.regulations.gov. Follow the
6.5d. This action is an administrative 96°46′29″ W.; to lat. 39°16′57″ N., long. instructions for submitting comments.
change to the technical description of 96°48′47″ W.; to the point of beginning. The Commission does not accept
the affected restricted areas and is not Designated altitudes. Surface to FL 290. comments submitted by electronic mail
VerDate Sep<11>2014 16:10 Oct 13, 2015 Jkt 238001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\14OCR1.SGM 14OCR1](https://thefederalregister.org/doc/80_FR_61927/page/1.svg)
![Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations 61731
with the provision concerning lead prints’’ in 16 CFR 1500.91(d)(7). AAFA procedure to expedite promulgation of
(section 1109.12) and will help certifiers argues that this phrase can be read to rules that are noncontroversial and that
understand which components are exclude from the determination rule are not expected to generate significant
inaccessible and do not need to be items that are dyed (and are lead free) adverse comment. See 60 FR 43108
tested for phthalate content. merely because of the technique used to (August 18, 1995). Consistent with the
These revisions to part 1109 do not, apply colorant.1 AAFA asserts that this ACUS recommendation, the
and are not intended to, make any interpretation has resulted in a Commission is publishing this rule as a
substantive revisions to the existing ‘‘significant amount of unnecessary direct final rule because we believe the
rule, but rather clarify what the testing.’’ The Commission is amending clarifications will not be controversial.
Commission intended when the rule the rule to reduce any confusion about The rule will not impose any new
was originally promulgated and bring the meaning of the phrase ‘‘or other obligations, but rather will clarify
the rule up to date by referencing prints’’ in 16 CFR 1500.91(d)(7). existing rules to make clear what is
current regulations. As discussed above, the preamble to permissible and what is required to be
the determination rule explained the third party tested. We expect that the
C. Amendment to Part 1500 parameters of the determination clarifications will be supported by
1. Background regarding textiles. Whether textiles stakeholders. The clarifications respond
require testing for lead content depends to the desire expressed by numerous
The Commission determined by rule
on whether the products are dyed or stakeholders and Congress that the
that certain products and materials include other non-dye finishes,
inherently do not contain lead at levels Commission provide relief from the
decorations, colorants, or prints, and not burdens of third party testing while also
that exceed the lead content limits on the techniques that are used in
under section 101(a) of the CPSIA, so ensuring that products will comply with
manufacturing, printing, or applying
long as those materials have not been all applicable children’s product safety
such products. Some printing,
treated or adulterated with materials rules. We expect that these clarifications
treatments, and applications involve
that could add lead. 16 CFR 1500.91. will not engender any significant
dyes that do not contain lead, others
The effect of these determinations is to may use paints, pigments, or inks that adverse comments.
relieve the material or product from the may contain lead. The phrase ‘‘or other Unless we receive a significant
third party testing requirement. prints’’ in the exclusion in 1500.91(d)(7) adverse comment within 30 days, the
Section 1500.91(d)(7) states that such may mistakenly give the impression that rule will become effective on December
a determination applies to ‘‘textiles the application process (e.g., printing) is 14, 2015. In accordance with ACUS’s
(excluding after-treatment applications, a determining factor. The Commission is recommendation, the Commission
including screen prints, transfers, amending the provision to clarify that considers a significant adverse comment
decals, or other prints) consisting of dyed textiles, regardless of the to be one where the commenter explains
[various fibers].’’ 16 CFR 1500.91(d)(7) techniques used to produce such why the rule would be inappropriate,
(emphasis added). Thus, the rule materials and apply such colorants, are including an assertion challenging the
determined that dyes and dyed textiles not subject to required testing for lead rule’s underlying premise or approach,
do not contain lead. As explained in the in paint or for total lead content. or a claim that the rule would be
preamble to the determination rule, ineffective or unacceptable without
dyes are organic chemicals that can be 2. Description of the Amendment change.
dissolved and made soluble in water or Section 1500.91(d)(7) is revised to
another carrier so that they penetrate Should the Commission receive a
clarify that the Commission has significant adverse comment, the
into the fiber. 74 FR 43031, 43036 (Aug. determined that textiles that have
26, 2009). Dyes can be applied to Commission will withdraw this direct
treatments and applications consisting final rule. If a significant adverse
textiles at the fiber, yarn, fabric or entirely of dyes do not exceed the lead
finished product stage. Although some comment is received for an amendment
content limits, and are not subject to the to only one of the two rules being
dye baths may contain lead, the colorant third party testing requirements for
that is retained by the finished textile revised in the direct final rule, the
children’s products, so long as those Commission will only withdraw the
after rinsing would not contain lead materials have not been treated or
above a non-detectable lead level. In amendment to the rule receiving a
adulterated with materials that could significant adverse comment. A notice
contrast to dyes, pigments may be either add lead. The amendment does not
organic or inorganic and they are of proposed rulemaking (‘‘NPR’’),
make any substantive change in the providing an opportunity for public
insoluble in water. Some textiles may requirements of the current rule.
have lead based paints and pigments comment, is also being published in this
that are directly incorporated onto the D. Direct Final Rule Process same issue of the Federal Register.
textile product or added to the surface The Commission is issuing these E. Effective Date
of textiles. Examples are decals, amendments as a direct final rule
transfers, and screen printing. Id. The (‘‘DFR’’). The Administrative Procedure The APA generally requires that a
reference in the rule to ‘‘other prints’’ Act (‘‘APA’’) generally requires notice substantive rule must be published not
referred only to those after-treatment and comment rulemaking 5 U.S.C. less than 30 days before its effective
applications that use non-dye 553(b). In Recommendation 95–4, the date. 5 U.S.C. 553(d)(1). Because the
substances. Such prints, in which the Administrative Conference of the final rule provides relief from existing
non-dye substances do not become part United States (‘‘ACUS’’) endorsed direct testing requirements under the CPSIA,
of the fiber matrix but remain a surface final rulemaking as an appropriate the effective date is December 14, 2015.
tkelley on DSK3SPTVN1PROD with RULES
coating, could contain lead, and are However, as discussed in section D of
subject to the testing required under the 1 Letter from the American Apparel and Footwear the preamble, if the Commission
CPSIA for children’s products. Association to Robert Adler, Acting Chairman of the receives a significant adverse comment
Consumer Product Safety Commission (June 2,
The American Apparel & Footwear 2014). Available as document CPSC–2011–0081–
the Commission will withdraw the DFR
Association (‘‘AAFA’’) has expressed 0059 in docket CPSC–2011–0081 at and proceed with the NPR published in
confusion about the phrase ‘‘or other www.regulations.gov. this same issue of the Federal Register.
VerDate Sep<11>2014 16:10 Oct 13, 2015 Jkt 238001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\14OCR1.SGM 14OCR1](https://thefederalregister.org/doc/80_FR_61927/page/3.svg)
![Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations 61733
that do not consist entirely of dyes) debtors as authorized by the DCA of summary of that comment below, and
consisting of: 1982, amended by the DCIA of 1996 and respond to the significant issues
* * * * * other existing debt collection statutes. relevant to this rulemaking.
Employee debts include, but are not Comment: The one commenter stated
Todd A. Stevenson, limited to, salary overpayments, that he agreed with our efforts to collect
Secretary, Consumer Product Safety advanced travel pay, and debts resulting debts. However, the commenter was
Commission. from overpayments of benefit concerned that the proposed rule’s
[FR Doc. 2015–25932 Filed 10–13–15; 8:45 am] premiums. Non-employee debts ‘‘minimum amount of referrals’’
BILLING CODE 6355–01–P include, but are not limited to, vendor exception in § 422.850(d)(2)(i) ‘‘is so
overpayments and reimbursable broad, subjective, and vague that it
agreements. could apply to anything.’’ The
SOCIAL SECURITY ADMINISTRATION This change will authorize us to commenter suggested that we focus the
pursue collection of administrative exception on specific situations or
20 CFR Parts 422 debts under the authorities prescribed remove it.
[Docket No. SSA–2011–0053] in the following statutes and Response: We are unable to adopt the
legislations: commenter’s suggestion to change or
RIN 0960–AH36 • Debt Collection Act (DCA) 1982, remove the language in § 422.850
Collection of Administrative Debts Public Law 97–365 (5 U.S.C. 5514; 31 (d)(2)(i). This section follows the
U.S.C. 3701 et seq.) Federal Claims Collection Standards as
AGENCY: Social Security Administration. • Debt Collection Improvement Act set forth by Treasury and the
ACTION: Final rule. (DCIA) 1996, Public Law 104–134 (5 Department of Justice (DOJ) that all
U.S.C. 5514; 31 U.S.C. 3701 et seq.) Federal Agencies must follow to
SUMMARY: This final rule adopts the • 5 U.S.C. 5512—Withholding pay; complete debt collection activities.
notice of proposed rulemaking (NPRM) individuals in arrears Since administrative debts include
that we published in the Federal • 5 U.S.C. 5514—Installment deduction debts from employees, vendors, and
Register on March 24, 2014. This final for indebtedness to the United States States, as well as other debts listed in
rule creates our own administrative debt • 31 U.S.C. 3711—Collection and § 422.801(c), we handle each case
collection regulations, and it improves compromise individually, following the guidelines in
our authorities to pursue collection of • 31 U.S.C. 3716—Administrative offset § 422.850(d)(2)(i), to determine if
administrative debts from current and • 31 U.S.C. 3717—Interest and penalty referring a debt to the DOJ for civil suit
separated employees and non-employee on claims is necessary.
debtors as authorized by the Debt • 31 U.S.C. 3720A—Reduction of tax
Collection Act (DCA) of 1982, amended refund by amount of debt Regulatory Procedures
by the Debt Collection Improvement Act • 31 U.S.C. 3720B—Barring delinquent Executive Order 12866 as
(DCIA) of 1996 and other existing debt federal debtors from obtaining federal Supplemented by Executive Order
collection statutes. We expect that this loans or loan insurance guarantees 13563
final rule will have no impact on the • 31 U.S.C. 3720C—Debt Collection
Improvement Account We consulted with the Office of
public.
• 31 U.S.C. 3720D—Garnishment Management and Budget (OMB) and
This final rule is effective
DATES: • 31 U.S.C. 3720E—Dissemination of determined that this final rule does not
November 13, 2015. information regarding identity of meet the criteria for a significant
FOR FURTHER INFORMATION CONTACT: delinquent debtors regulatory action under Executive Order
Jennifer C. Pendleton, Office of Payment • Office of Personnel Management 12866 as supplemented by Executive
and Recovery Policy, Social Security (OPM) Regulations (5 CFR part 550— Order 13563. Thus, OMB did not review
Administration, 6401 Security Salary Offset) the final rule.
Boulevard, Baltimore, MD 21235–6401, • Federal Claims Collection Standards Regulatory Flexibility Act
(410) 965–5652. For information on (31 CFR parts 901–904)
eligibility or filing for benefits, call our • Department of the Treasury We certify that this final rule will not
national toll-free number, 1–800–772– Regulations (31 CFR part 285) have a significant economic impact on
1213 or TTY 1–800–325–0778, or visit a substantial number of small entities
Digital Accountability and because it applies to individuals only.
our Internet site, Social Security Online, Transparency Act of 2014 (Data Act)
at http://www.socialsecurity.gov. Thus, a regulatory flexibility analysis is
SUPPLEMENTARY INFORMATION: This final
We updated this final rule in not required under the Regulatory
rule adopts the notice of proposed accordance with the Data Act (Pub. L. Flexibility Act, as amended.
rulemaking (NPRM) that we published 113–101), which was enacted on May 9,
Paperwork Reduction Act
in the Federal Register on March 24, 2014. Section five of the Data Act
requires Federal agencies to refer all This final rule does not contain
2014.1
debts 120 or more days delinquent to information collection requirements.
Background the Department of the Treasury for Therefore, we need not submit the rule
This final rule creates our own offset. Prior to the Data Act, Federal to Office of Management and Budget for
administrative debt collection agencies were required to refer all debts review under the Paperwork Reduction
regulations. This final rule will improve 180 or more days delinquent. Act.
tkelley on DSK3SPTVN1PROD with RULES
our authorities to pursue collection of Public Comments on the NPRM List of Subjects in 20 CFR Part 422
administrative debts from current and
In the notice of proposed rulemaking, Administrative practice and
separated employees and non-employee
we provided a 60-day comment period, procedure, Organization and functions
1 The NPRM is available at: https:// which ended on May 23, 2014. We (Government agencies), Reporting and
www.federalregister.gov/articles/2014/03/24/2014- carefully considered the one public recordkeeping requirements, Social
06182/collection-of-administrative-debts. comment we received. We present a Security.
VerDate Sep<11>2014 16:10 Oct 13, 2015 Jkt 238001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\14OCR1.SGM 14OCR1](https://thefederalregister.org/doc/80_FR_61927/page/5.svg)
Document Created: 2018-02-27 08:50:26
Document Modified: 2018-02-27 08:50:26
| 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 | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | The rule is effective on December 14, 2015, unless we receive significant adverse comment by November 13, 2015. If we receive a timely significant adverse comment, we will publish notification in the Federal Register, withdrawing this direct final rule before its effective date. | |
| Contact | Kristina Hatlelid, Ph.D., M.P.H., Directorate for Health Sciences, U.S. Consumer Product Safety Commission, 5 Research Place, Rockville, MD 20850; (301) 987-2558; email; [email protected] | |
| FR Citation | 80 FR 61729 | |
| CFR Citation | 16
CFR
1109 16 CFR 1500 | |
| CFR Associated | Business and Industry; Children; Consumer Protection; Imports; Product Testing and Certification; Records; Record Retention; Toys; Hazardous Materials; Hazardous Substances; Infants and Children; Labeling and Law Enforcement |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR