83_FR_3601 83 FR 3583 - Prohibition of Children's Toys and Child Care Articles Containing Specified Phthalates: Revision of Determinations Regarding Certain Plastics

83 FR 3583 - Prohibition of Children's Toys and Child Care Articles Containing Specified Phthalates: Revision of Determinations Regarding Certain Plastics

CONSUMER PRODUCT SAFETY COMMISSION

Federal Register Volume 83, Issue 18 (January 26, 2018)

Page Range3583-3585
FR Document2018-01451

On August 30, 2017, the Commission issued a final rule determining that certain plastics and additives would not contain the phthalates that the Consumer Product Safety Improvement Act of 2008 (CPSIA) prohibits from use in children's toys and child care articles. Subsequently, the Commission issued a final rule that removes some phthalates from the statutory prohibition and adds others. This direct final rule revises the determinations rule to cover the phthalates that the phthalates final rule prohibits from use in children's toys and child care articles.

Federal Register, Volume 83 Issue 18 (Friday, January 26, 2018)
[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Rules and Regulations]
[Pages 3583-3585]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01451]


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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2016-0017]

16 CFR Part 1308


Prohibition of Children's Toys and Child Care Articles Containing 
Specified Phthalates: Revision of Determinations Regarding Certain 
Plastics

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: On August 30, 2017, the Commission issued a final rule 
determining that certain plastics and additives would not contain the 
phthalates that the Consumer Product Safety Improvement Act of 2008 
(CPSIA) prohibits from use in children's toys and child care articles. 
Subsequently, the Commission issued a final rule that removes some 
phthalates from the statutory prohibition and adds others. This direct 
final rule revises the determinations rule to cover the phthalates that 
the phthalates final rule prohibits from use in children's toys and 
child care articles.

DATES: The rule is effective on April 25, 2018, unless we receive 
significant adverse comment by February 26, 2018. If we receive 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-2016-
0017, by any of the following methods:
    Submit electronic comments in the following way:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments. To ensure timely processing of 
comments, the Commission is no longer accepting comments submitted by 
electronic mail (email), except through www.regulations.gov.
    Submit written submissions in the following way:
    Mail/Hand delivery/Courier (for paper, disk, or CD-ROM 
submissions), preferably in five copies, 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 document. 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 
electronically. Such information should be submitted in writing.

FOR FURTHER INFORMATION CONTACT: For information, contact: John W. 
Boja, Lead Compliance Officer, Office of Compliance and Field 
Operations, Consumer Product Safety Commission, 4330 East-West Highway, 
Bethesda, MD 20814-4408; telephone: 301-504-7300; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

A. Background

Statutory Prohibitions

    Section 108 of the CPSIA established permanent and interim 
prohibitions that prohibited the use of certain phthalates in 
children's toys and child care articles. 15 U.S.C. 2057c(a) and (b). 
The

[[Page 3584]]

CPSIA also directed the Commission to issue a rule deciding whether to 
make the interim prohibitions permanent and whether to prohibit other 
children's products containing any phthalates. Id. 2057c(b)(3). In the 
following discussion, we refer to rulemaking under section 108 of the 
CPSIA as the phthalates rule or rulemaking.

Third Party Testing and Burden Reduction

    Section 14(a) of the CPSA requires that products subject to a 
consumer product safety rule under the CPSA, or to a similar rule, ban, 
standard, or regulation under any other act enforced by the Commission, 
be certified as complying with all applicable CPSC 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) amended the CPSA and 
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.'' Public Law 112-28 also authorized the Commission to issue 
new or revised third party testing regulations if the Commission 
determines ``that such regulations will reduce third party testing 
costs consistent with assuring compliance with the applicable consumer 
product safety rules, bans, standards, and regulations.'' 15 U.S.C. 
2063(d)(3)(B).
    The Commission may issue determinations that specific materials do 
not contain prohibited substances such as lead or phthalates. Based on 
such a determination, the specified material would not require third 
party testing for compliance with the applicable mandatory prohibition.
    The determinations only relieve the manufacturer's obligation to 
have the specific materials tested by a CPSC-accepted third party 
conformity assessment body. Children's products must still comply with 
the applicable substantive requirements, regardless of any relief from 
third party testing requirements. Additionally, the manufacturer must 
issue a certificate stating that the product complies with CPSC 
requirements.

Determinations Rule

    On August 30, 2017, the Commission published a final rule 
determining that specified plastics and additives would not contain 
materials subject to the prohibition of children's toys and child care 
articles containing specified phthalates. 82 FR 41163. The rule created 
a new part 1308 for ``Prohibition of Children's Toys and Child Care 
Articles Containing Specified Phthalates: Determinations Regarding 
Certain Plastics.'' The rule determined that the specified plastics and 
accompanying additives do not contain the statutorily prohibited 
phthalates (DEHP, DBP, BBP, DINP, DIDP, DnOP) in concentrations above 
0.1 percent, and thus, are not required to be third party tested to 
assure compliance with section 108 of the CPSIA. At the time the 
Commission issued the determinations rule, the Commission had issued a 
proposed rule in the phthalates rulemaking, but had not yet promulgated 
a final rule in that proceeding. The preambles of both the NPR and 
final rule for the determinations noted that the research providing the 
basis for the determinations covering the six phthalates subject to the 
statutory prohibition, applied as well to the additional four 
phthalates the Commission had proposed prohibiting in children's toys 
and child care articles in the phthalates NPR. In the preamble to the 
final determinations rule, the Commission indicated that when the 
Commission published the final phthalates rule, the Commission would 
amend the determinations rule to reflect the phthalates regulated in 
the phthalates final rule. 82 FR 41163, at 41164.

Phthalates Final Rule

    On October 27, 2017, the Commission published the final phthalates 
rule in the Federal Register. 82 FR 49938. The phthalates rule, which 
is codified at 16 CFR part 1307, makes permanent the interim statutory 
prohibition on diisononyl phthalate (DINP) and expands that restriction 
to prohibit all children's toys and child care articles that contain 
concentrations of more than 0.1 percent of DINP. The phthalates rule 
also lifts the interim prohibitions on children's toys that can be 
placed in a child's mouth and child care articles that contain 
concentrations of more than 0.1 percent of di-n-octyl phthalate (DNOP) 
or diisodecyl phthalate (DIDP). Additionally, the phthalates rule also 
prohibits children's toys and child care articles that contain 
concentrations of more than 0.1 percent of diisobutyl phthalate (DIBP), 
di-n-pentyl phthalate (DPENP), di-n-hexyl phthalate (DHEXP), and 
dicyclohexly phthalate (DCHP). The permanent prohibitions on children's 
toys and child care articles that contain concentrations of more than 
0.1 percent on the use of di-(2-ethylhexyl) phthalate (DEHP), dibutyl 
phthalate (DBP), and benzyl butyl phthalate (BBP) in children's toys 
and child care articles in section 108 of the CPSIA are unchanged by 
the phthalate rule. The phthalates rule takes effect on April 25, 2018.

B. Revisions to 16 CFR Part 1308

    This direct final rule amends 16 CFR 1308.1 to cover the phthalates 
listed in the phthalates final rule discussed in section A of the 
preamble. This action will bring the determinations into alignment with 
the phthalates final rule so that firms will be able to use the 
determinations to reduce testing burdens related to the final 
phthalates rule as they have with the statutory prohibitions. The 
amendment does not make any other changes to the determinations rule.

C. Direct Final Rule Process

    The Commission is issuing this rule as a direct final rule. The 
Administrative Procedure Act (APA) generally requires notice and 
comment rulemaking. 5 U.S.C. 553. The direct final rule process is an 
appropriate way to satisfy this requirement in certain circumstances. 
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). The Commission concludes that a direct 
final rule is appropriate here. The Commission is taking the limited 
action of amending the determinations rule at 16 CFR part 1308 to 
reflect the phthalates that are restricted under the Commission's 
phthalates rule. The previous determinations rule explained that the 
reports supporting the determinations regarding the phthalates that are 
covered by the statutory prohibitions in section 108 of the CPSIA also 
apply to the phthalates covered by the Commission's phthalates rule. We 
also note that this determination rule is separate from the 
Commission's phthalates rulemaking which was concluded with the 
Commission's issuance of a final rule on October 27, 2017. Because this 
document merely updates the regulated phthalates in the determinations 
rule, the Commission believes this rulemaking is a non-controversial 
matter which is not likely to generate comments. Therefore, the 
Commission concludes that the direct final rule process is appropriate.
    Unless we receive a significant adverse comment within 30 days, the 
rule will take effect on April 25, 2018. In accordance with ACUS's

[[Page 3585]]

recommendation, the Commission considers a significant adverse comment 
to be one where the commenter explains why revising the list of 
regulated phthalates would be inappropriate. We note that comments on 
either the underlying determinations or phthalates final rules are not 
considered significant adverse comments because the only change this 
rule makes is to revise the list of covered phthalates.
    Should the Commission receive significant adverse comment, the 
Commission would withdraw this direct final rule. Depending on the 
comments and other circumstances, the Commission may then incorporate 
the adverse comment into a subsequent direct final rule or publish a 
notice of proposed rulemaking, providing an opportunity for public 
comment.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires that 
agencies review proposed and final rules for their potential economic 
impact on small entities, including small businesses, and prepare 
regulatory flexibility analyses. 5 U.S.C. 603 and 604. CPSC conducted a 
final regulatory flexibility analysis (FRFA) for the determinations 
rule that the Commission issued in August 2017. The FRFA found that 
``the impact of the determinations on small businesses would be to 
reduce the burden of third party testing for phthalate content and 
would be expected to be entirely beneficial.'' 82 FR 41171. As 
explained above, this direct final rule takes the limited action of 
revising the list of covered phthalates to bring the determinations 
rule into line with the phthalates rule so that companies will be able 
to use the determinations to reduce third party testing under the 
phthalates rule as they have under the statutory prohibitions.

E. Effective Date

    As discussed in section C of this preamble, this is a direct final 
rule. Unless we receive a significant adverse comment within 30 days, 
the rule will take effect on April 25, 2018.

List of Subjects in 16 CFR Part 1308

    Business and industry, Consumer protection, Imports, Infants and 
children, Product testing and certification, Toys.

    Accordingly, the Commission amends 16 CFR part 1308 as follows:

PART 1308--PROHIBITION OF CHILDREN'S TOYS AND CHILD CARE ARTICLES 
CONTAINING SPECIFIED PHTHALATES: DETERMINATIONS REGARDING CERTAIN 
PLASTICS

0
1. The authority citation for part 1308 continues to read as follows:

    Authority: Sec. 3, Pub. L. 110-314, 122 Stat. 3016; 15 U.S.C. 
2063(d)(3)(B).

0
2. Revise Sec.  1308.1 to read as follows:


Sec.  1308.1  Prohibited children's toys and child care articles 
containing specified phthalates and testing requirements.

    Section 108(a) of the Consumer Product Safety Improvement Act of 
2008 (CPSIA) permanently prohibits any children's toy or child care 
article that contains concentrations of more than 0.1 percent of di-(2-
ethylhexl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl 
phthalate (BBP). In accordance with section 108(b)(3) of the CPSIA, 16 
CFR part 1307 prohibits any children's toy or child care article that 
contains concentrations of more than 0.1 percent of diisononyl 
phthalate (DINP), diisobutyl phthalate (DIBP), di-n-pentyl phthalate 
(DPENP), di-n-hexyl phthalate (DHEXP), or dicyclohexly phthalate (DCHP) 
is prohibited. Materials used in children's toys and child care 
articles subject to section 108(a) of the CPSIA and 16 CFR part 1307 
must comply with the third party testing requirements of section 
14(a)(2) of the Consumer Product Safety Act (CPSA), unless listed in 
Sec.  1308.2.

Alberta E. Mills,
Acting Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2018-01451 Filed 1-25-18; 8:45 am]
 BILLING CODE 6355-01-P



                                                                Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Rules and Regulations                                                    3583

                                                                                                                             License                             License
                                                  Country                             Entity                                                                                          Federal Register citation
                                                                                                                           requirement                        review policy

                                                                  Eurotech DMCC, Office No. 3404, HDS             For all items subject to             Presumption of denial. .....   83 FR [INSERT FR PAGE
                                                                    Tower, Sheikh Zayed Road, Dubai,                the EAR. (See § 744.11                                              NUMBER], 1/26/18.
                                                                    U.A.E.; and P.O. Box 643650,                    of the EAR).
                                                                    Jumeirah Lakes Towers, Dubai
                                                                    U.A.E.
                                                                             *                  *                             *                           *                    *                   *
                                                                  Foremost International FZE, P.O. Box            For all items subject to             Presumption of denial ......   83 FR [INSERT FR PAGE
                                                                    123833,     Q4–163,   SAIF    Zone,             the EAR (See § 744.11                                               NUMBER], 1/26/18.
                                                                    Sharjah, U.A.E.                                 of the EAR).
                                                                             *                  *                             *                           *                    *                   *
                                                                  Jazirah Aviation Club,                          For all items subject to             Presumption of denial ......   83 FR [INSERT FR PAGE
                                                                  Al Jazirah, Al Hamra, Ras al Khaimah,             the EAR (See § 744.11                                               NUMBER], 1/26/18.
                                                                    U.A.E.                                          of the EAR).
                                                                             *                  *                             *                           *                    *                   *
                                                                  Modest Marketing LLC,                           For all items subject to             Presumption of denial ......   83 FR [INSERT FR PAGE
                                                                  P.O. Box 51436, Dubai, U.A.E.                     the EAR (See § 744.11                                               NUMBER], 1/26/18.
                                                                                                                    of the EAR).
                                                                             *                  *                             *                           *                    *                   *
                                                                  Pearltrainer FZE,                               For all items subject to             Presumption of denial ......   83 FR [INSERT FR PAGE
                                                                  P.O. Box 32707, Sharjah, U.A.E.                   the EAR (See § 744.11                                               NUMBER], 1/26/18.
                                                                                                                    of the EAR).
                                                                             *                   *                            *                           *                    *                   *
                                                                  Sky Gulf Consultancy and Researches             For all items subject to             Presumption of denial ......   83 FR [INSERT FR PAGE
                                                                    LLC, P.O. Box 25298, Abu Dhabi,                 the EAR (See § 744.11                                               NUMBER], 1/26/18.
                                                                    U.A.E.                                          of the EAR).
                                                                             *                   *                            *                           *                    *                   *
                                                                  Stealth Telecom FZC,                            For all items subject to             Presumption of denial ......   83 FR [INSERT FR PAGE
                                                                  P.O. Box 7755, Sharjah, U.A.E.                    the EAR (See § 744.11                                               NUMBER], 1/26/18.
                                                                                                                    of the EAR).
                                                                              *                       *                       *                           *                      *                  *


                                                       *                       *                       *                          *                       *                      *                   *



                                               Dated: January 12, 2018.                              from the statutory prohibition and adds                    Commission, Room 820, 4330 East-West
                                             Richard E. Ashooh,                                      others. This direct final rule revises the                 Highway, Bethesda, MD 20814;
                                             Assistant Secretary for Export                          determinations rule to cover the                           telephone (301) 504–7923.
                                             Administration.                                         phthalates that the phthalates final rule                     Instructions: All submissions received
                                             [FR Doc. 2018–01332 Filed 1–25–18; 8:45 am]             prohibits from use in children’s toys                      must include the agency name and
                                             BILLING CODE 3510–33–P                                  and child care articles.                                   docket number for this document. All
                                                                                                     DATES: The rule is effective on April 25,                  comments received may be posted
                                                                                                     2018, unless we receive significant                        without change, including any personal
                                             CONSUMER PRODUCT SAFETY                                 adverse comment by February 26, 2018.                      identifiers, contact information, or other
                                             COMMISSION                                              If we receive timely significant adverse                   personal information provided, to
                                                                                                     comment, we will publish notification                      http://www.regulations.gov. Do not
                                             [Docket No. CPSC–2016–0017]                                                                                        submit confidential business
                                                                                                     in the Federal Register, withdrawing
                                                                                                     this direct final rule before its effective                information, trade secret information, or
                                             16 CFR Part 1308
                                                                                                     date.                                                      other sensitive or protected information
                                             Prohibition of Children’s Toys and                                                                                 electronically. Such information should
                                                                                                     ADDRESSES: You may submit comments,
                                             Child Care Articles Containing                                                                                     be submitted in writing.
                                                                                                     identified by Docket No. CPSC–2016–
                                             Specified Phthalates: Revision of                                                                                  FOR FURTHER INFORMATION CONTACT: For
                                                                                                     0017, by any of the following methods:
                                             Determinations Regarding Certain                           Submit electronic comments in the                       information, contact: John W. Boja, Lead
                                             Plastics                                                following way:                                             Compliance Officer, Office of
                                                                                                        Federal eRulemaking Portal: http://                     Compliance and Field Operations,
                                             AGENCY: Consumer Product Safety                                                                                    Consumer Product Safety Commission,
                                             Commission.                                             www.regulations.gov. Follow the
                                                                                                     instructions for submitting comments.                      4330 East-West Highway, Bethesda, MD
                                             ACTION: Direct final rule.                                                                                         20814–4408; telephone: 301–504–7300;
                                                                                                     To ensure timely processing of
                                             SUMMARY:    On August 30, 2017, the                     comments, the Commission is no longer                      email: jboja@cpsc.gov.
                                             Commission issued a final rule                          accepting comments submitted by                            SUPPLEMENTARY INFORMATION:
                                             determining that certain plastics and                   electronic mail (email), except through                    A. Background
                                             additives would not contain the                         www.regulations.gov.
daltland on DSKBBV9HB2PROD with RULES




                                             phthalates that the Consumer Product                       Submit written submissions in the                       Statutory Prohibitions
                                             Safety Improvement Act of 2008                          following way:                                               Section 108 of the CPSIA established
                                             (CPSIA) prohibits from use in children’s                   Mail/Hand delivery/Courier (for                         permanent and interim prohibitions that
                                             toys and child care articles.                           paper, disk, or CD–ROM submissions),                       prohibited the use of certain phthalates
                                             Subsequently, the Commission issued a                   preferably in five copies, to: Office of the               in children’s toys and child care
                                             final rule that removes some phthalates                 Secretary, Consumer Product Safety                         articles. 15 U.S.C. 2057c(a) and (b). The


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                                             3584               Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Rules and Regulations

                                             CPSIA also directed the Commission to                   phthalates. 82 FR 41163. The rule                      benzyl butyl phthalate (BBP) in
                                             issue a rule deciding whether to make                   created a new part 1308 for ‘‘Prohibition              children’s toys and child care articles in
                                             the interim prohibitions permanent and                  of Children’s Toys and Child Care                      section 108 of the CPSIA are unchanged
                                             whether to prohibit other children’s                    Articles Containing Specified                          by the phthalate rule. The phthalates
                                             products containing any phthalates. Id.                 Phthalates: Determinations Regarding                   rule takes effect on April 25, 2018.
                                             2057c(b)(3). In the following discussion,               Certain Plastics.’’ The rule determined
                                                                                                                                                            B. Revisions to 16 CFR Part 1308
                                             we refer to rulemaking under section                    that the specified plastics and
                                             108 of the CPSIA as the phthalates rule                 accompanying additives do not contain                     This direct final rule amends 16 CFR
                                             or rulemaking.                                          the statutorily prohibited phthalates                  1308.1 to cover the phthalates listed in
                                                                                                     (DEHP, DBP, BBP, DINP, DIDP, DnOP)                     the phthalates final rule discussed in
                                             Third Party Testing and Burden                                                                                 section A of the preamble. This action
                                                                                                     in concentrations above 0.1 percent, and
                                             Reduction                                                                                                      will bring the determinations into
                                                                                                     thus, are not required to be third party
                                                Section 14(a) of the CPSA requires                   tested to assure compliance with section               alignment with the phthalates final rule
                                             that products subject to a consumer                     108 of the CPSIA. At the time the                      so that firms will be able to use the
                                             product safety rule under the CPSA, or                  Commission issued the determinations                   determinations to reduce testing
                                             to a similar rule, ban, standard, or                    rule, the Commission had issued a                      burdens related to the final phthalates
                                             regulation under any other act enforced                 proposed rule in the phthalates                        rule as they have with the statutory
                                             by the Commission, be certified as                      rulemaking, but had not yet                            prohibitions. The amendment does not
                                             complying with all applicable CPSC                      promulgated a final rule in that                       make any other changes to the
                                             requirements. 15 U.S.C. 2063(a). For                    proceeding. The preambles of both the                  determinations rule.
                                             children’s products, certification must                 NPR and final rule for the                             C. Direct Final Rule Process
                                             be based on testing conducted by a                      determinations noted that the research
                                             CPSC-accepted third party conformity                    providing the basis for the                               The Commission is issuing this rule
                                             assessment body. Id. Public Law 112–28                  determinations covering the six                        as a direct final rule. The
                                             (August 12, 2011) amended the CPSA                      phthalates subject to the statutory                    Administrative Procedure Act (APA)
                                             and directed the CPSC to seek comment                   prohibition, applied as well to the                    generally requires notice and comment
                                             on ‘‘opportunities to reduce the cost of                additional four phthalates the                         rulemaking. 5 U.S.C. 553. The direct
                                             third party testing requirements                        Commission had proposed prohibiting                    final rule process is an appropriate way
                                             consistent with assuring compliance                     in children’s toys and child care articles             to satisfy this requirement in certain
                                             with any applicable consumer product                    in the phthalates NPR. In the preamble                 circumstances. In Recommendation 95–
                                             safety rule, ban, standard, or                          to the final determinations rule, the                  4, the Administrative Conference of the
                                             regulation.’’ Public Law 112–28 also                    Commission indicated that when the                     United States (ACUS) endorsed direct
                                             authorized the Commission to issue new                  Commission published the final                         final rulemaking as an appropriate
                                             or revised third party testing regulations              phthalates rule, the Commission would                  procedure to expedite promulgation of
                                             if the Commission determines ‘‘that                     amend the determinations rule to reflect               rules that are noncontroversial and that
                                             such regulations will reduce third party                the phthalates regulated in the                        are not expected to generate significant
                                             testing costs consistent with assuring                  phthalates final rule. 82 FR 41163, at                 adverse comment. See 60 FR 43108
                                             compliance with the applicable                          41164.                                                 (August 18, 1995). The Commission
                                             consumer product safety rules, bans,                                                                           concludes that a direct final rule is
                                                                                                     Phthalates Final Rule                                  appropriate here. The Commission is
                                             standards, and regulations.’’ 15 U.S.C.
                                             2063(d)(3)(B).                                            On October 27, 2017, the Commission                  taking the limited action of amending
                                                The Commission may issue                             published the final phthalates rule in                 the determinations rule at 16 CFR part
                                             determinations that specific materials                  the Federal Register. 82 FR 49938. The                 1308 to reflect the phthalates that are
                                             do not contain prohibited substances                    phthalates rule, which is codified at 16               restricted under the Commission’s
                                             such as lead or phthalates. Based on                    CFR part 1307, makes permanent the                     phthalates rule. The previous
                                             such a determination, the specified                     interim statutory prohibition on                       determinations rule explained that the
                                             material would not require third party                  diisononyl phthalate (DINP) and                        reports supporting the determinations
                                             testing for compliance with the                         expands that restriction to prohibit all               regarding the phthalates that are
                                             applicable mandatory prohibition.                       children’s toys and child care articles                covered by the statutory prohibitions in
                                                The determinations only relieve the                  that contain concentrations of more than               section 108 of the CPSIA also apply to
                                             manufacturer’s obligation to have the                   0.1 percent of DINP. The phthalates rule               the phthalates covered by the
                                             specific materials tested by a CPSC-                    also lifts the interim prohibitions on                 Commission’s phthalates rule. We also
                                             accepted third party conformity                         children’s toys that can be placed in a                note that this determination rule is
                                             assessment body. Children’s products                    child’s mouth and child care articles                  separate from the Commission’s
                                             must still comply with the applicable                   that contain concentrations of more than               phthalates rulemaking which was
                                             substantive requirements, regardless of                 0.1 percent of di-n-octyl phthalate                    concluded with the Commission’s
                                             any relief from third party testing                     (DNOP) or diisodecyl phthalate (DIDP).                 issuance of a final rule on October 27,
                                             requirements. Additionally, the                         Additionally, the phthalates rule also                 2017. Because this document merely
                                             manufacturer must issue a certificate                   prohibits children’s toys and child care               updates the regulated phthalates in the
                                             stating that the product complies with                  articles that contain concentrations of                determinations rule, the Commission
                                             CPSC requirements.                                      more than 0.1 percent of diisobutyl                    believes this rulemaking is a non-
                                                                                                     phthalate (DIBP), di-n-pentyl phthalate                controversial matter which is not likely
                                             Determinations Rule                                     (DPENP), di-n-hexyl phthalate (DHEXP),
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                                                                                                                                                            to generate comments. Therefore, the
                                               On August 30, 2017, the Commission                    and dicyclohexly phthalate (DCHP). The                 Commission concludes that the direct
                                             published a final rule determining that                 permanent prohibitions on children’s                   final rule process is appropriate.
                                             specified plastics and additives would                  toys and child care articles that contain                 Unless we receive a significant
                                             not contain materials subject to the                    concentrations of more than 0.1 percent                adverse comment within 30 days, the
                                             prohibition of children’s toys and child                on the use of di-(2-ethylhexyl) phthalate              rule will take effect on April 25, 2018.
                                             care articles containing specified                      (DEHP), dibutyl phthalate (DBP), and                   In accordance with ACUS’s


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                                                                Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Rules and Regulations                                          3585

                                             recommendation, the Commission                          PART 1308—PROHIBITION OF                               Budget (OMB) has approved the
                                             considers a significant adverse comment                 CHILDREN’S TOYS AND CHILD CARE                         information collections associated with
                                             to be one where the commenter explains                  ARTICLES CONTAINING SPECIFIED                          the Honoring Investments in Recruiting
                                             why revising the list of regulated                      PHTHALATES: DETERMINATIONS                             and Employing American Military
                                             phthalates would be inappropriate. We                   REGARDING CERTAIN PLASTICS                             Veterans (HIRE Vets) Medallion
                                             note that comments on either the                                                                               Program rule under the Paperwork
                                             underlying determinations or phthalates                 ■ 1. The authority citation for part 1308              Reduction Act of 1995 (PRA).
                                             final rules are not considered significant              continues to read as follows:                          DATES: On January 9, 2018, OMB
                                             adverse comments because the only                         Authority: Sec. 3, Pub. L. 110–314, 122              approved the information collection
                                             change this rule makes is to revise the                 Stat. 3016; 15 U.S.C. 2063(d)(3)(B).                   request (ICR) the Veterans’ Employment
                                             list of covered phthalates.                             ■   2. Revise § 1308.1 to read as follows:             and Training Service (VETS) submitted
                                                                                                                                                            to implement the HIRE Vets Medallion
                                                Should the Commission receive                        § 1308.1 Prohibited children’s toys and                Program Rule published on November
                                             significant adverse comment, the                        child care articles containing specified
                                                                                                                                                            13, 2017 (82 FR 52186) and an
                                             Commission would withdraw this direct                   phthalates and testing requirements.
                                                                                                                                                            associated program demonstration for
                                             final rule. Depending on the comments                     Section 108(a) of the Consumer                       2018. Employers seeking recognition
                                             and other circumstances, the                            Product Safety Improvement Act of                      under the HIRE Vets Medallion Program
                                             Commission may then incorporate the                     2008 (CPSIA) permanently prohibits any                 Demonstration may submit applications
                                             adverse comment into a subsequent                       children’s toy or child care article that              once the Program Demonstration begins
                                             direct final rule or publish a notice of                contains concentrations of more than                   on or about January 31, 2018.
                                             proposed rulemaking, providing an                       0.1 percent of di-(2-ethylhexl) phthalate
                                                                                                                                                            ADDRESSES: A copy of this ICR with
                                             opportunity for public comment.                         (DEHP), dibutyl phthalate (DBP), or
                                                                                                                                                            applicable supporting documentation,
                                                                                                     benzyl butyl phthalate (BBP). In
                                             D. Regulatory Flexibility Act                                                                                  including a description of the likely
                                                                                                     accordance with section 108(b)(3) of the
                                                                                                                                                            respondents, proposed frequency of
                                                                                                     CPSIA, 16 CFR part 1307 prohibits any
                                                The Regulatory Flexibility Act (RFA)                                                                        response, and estimated total burden,
                                                                                                     children’s toy or child care article that
                                             generally requires that agencies review                                                                        may be obtained free of charge by
                                                                                                     contains concentrations of more than
                                             proposed and final rules for their                                                                             contacting Randall Smith, Veterans’
                                                                                                     0.1 percent of diisononyl phthalate
                                             potential economic impact on small                                                                             Employment and Training Service, U.S.
                                                                                                     (DINP), diisobutyl phthalate (DIBP), di-
                                             entities, including small businesses, and                                                                      Department of Labor, Room S–1325, 200
                                                                                                     n-pentyl phthalate (DPENP), di-n-hexyl
                                             prepare regulatory flexibility analyses. 5                                                                     Constitution Avenue NW, Washington,
                                                                                                     phthalate (DHEXP), or dicyclohexly
                                             U.S.C. 603 and 604. CPSC conducted a                                                                           DC 20210, email: HIREVETS@dol.gov,
                                                                                                     phthalate (DCHP) is prohibited.
                                             final regulatory flexibility analysis                                                                          telephone: (202) 693–4700 or TTY (877)
                                                                                                     Materials used in children’s toys and
                                             (FRFA) for the determinations rule that                                                                        889–5627 (these are not toll-free
                                                                                                     child care articles subject to section
                                             the Commission issued in August 2017.                                                                          numbers).
                                                                                                     108(a) of the CPSIA and 16 CFR part
                                             The FRFA found that ‘‘the impact of the                 1307 must comply with the third party                  FOR FURTHER INFORMATION CONTACT:
                                             determinations on small businesses                      testing requirements of section 14(a)(2)               Randall Smith, Veterans’ Employment
                                             would be to reduce the burden of third                  of the Consumer Product Safety Act                     and Training Service, U.S. Department
                                             party testing for phthalate content and                 (CPSA), unless listed in § 1308.2.                     of Labor, Room S–1325, 200
                                             would be expected to be entirely                                                                               Constitution Avenue NW, Washington,
                                                                                                     Alberta E. Mills,
                                             beneficial.’’ 82 FR 41171. As explained                                                                        DC 20210, email: HIREVETS@dol.gov,
                                                                                                     Acting Secretary, U.S. Consumer Product                telephone: (202) 693–4700 or TTY (877)
                                             above, this direct final rule takes the                 Safety Commission.
                                             limited action of revising the list of                                                                         889–5627 (these are not toll-free
                                                                                                     [FR Doc. 2018–01451 Filed 1–25–18; 8:45 am]            numbers).
                                             covered phthalates to bring the
                                                                                                     BILLING CODE 6355–01–P
                                             determinations rule into line with the                                                                         SUPPLEMENTARY INFORMATION:     The PRA,
                                             phthalates rule so that companies will                                                                         44 U.S.C. 3501 et seq., and its attendant
                                             be able to use the determinations to                                                                           regulations, 5 CFR part 1320, require a
                                                                                                     DEPARTMENT OF LABOR
                                             reduce third party testing under the                                                                           Federal agency to consider the impact of
                                             phthalates rule as they have under the                  Veterans’ Employment and Training                      paperwork and other information
                                             statutory prohibitions.                                 Service                                                collection burdens imposed on the
                                                                                                                                                            public and to solicit public comments
                                             E. Effective Date                                                                                              on the information collections. The PRA
                                                                                                     20 CFR Part 1011
                                                                                                                                                            also provides that an agency may not
                                               As discussed in section C of this                     RIN 1293–AA21                                          collect or sponsor the collection of
                                             preamble, this is a direct final rule.
                                                                                                                                                            information unless it displays a
                                             Unless we receive a significant adverse                 Honoring Investments in Recruiting
                                                                                                                                                            currently valid OMB control number.
                                             comment within 30 days, the rule will                   and Employing American Military
                                                                                                                                                            See 5 CFR 1320.8(b)(3)(vi). OMB has
                                             take effect on April 25, 2018.                          Veterans (HIRE Vets) Medallion
                                                                                                                                                            approved the HIRE Vets Medallion
                                                                                                     Program; Agency Information
                                             List of Subjects in 16 CFR Part 1308                                                                           Program information collections under
                                                                                                     Collection Activities; OMB Approvals
                                                                                                                                                            control number 1293–0015.
                                               Business and industry, Consumer                       AGENCY:  Veterans’ Employment and                        In accordance with the PRA, VETS
                                             protection, Imports, Infants and                                                                               solicited comments on the HIRE Vets
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     Training Service, Labor.
                                             children, Product testing and                           ACTION: OMB approval of information                    Medallion Program information
                                             certification, Toys.                                    collections under Paperwork Reduction                  collections as they were proposed in a
                                                                                                     Act.                                                   Notice of Proposed Rulemaking
                                               Accordingly, the Commission amends                                                                           published August 18, 2017 (82 FR
                                             16 CFR part 1308 as follows:                            SUMMARY:   This document announces                     39371). See 44 U.S.C. 3506(c)(2). The
                                                                                                     that the Office of Management and                      Department also submitted a


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Document Created: 2018-10-26 10:03:10
Document Modified: 2018-10-26 10:03:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThe rule is effective on April 25, 2018, unless we receive significant adverse comment by February 26, 2018. If we receive timely significant adverse comment, we will publish notification in the Federal Register, withdrawing this direct final rule before its effective date.
ContactFor information, contact: John W. Boja, Lead Compliance Officer, Office of Compliance and Field Operations, Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814-4408; telephone: 301-504-7300; email: jb[email protected]
FR Citation83 FR 3583 
CFR AssociatedBusiness and Industry; Consumer Protection; Imports; Infants and Children; Product Testing and Certification and Toys

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