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)
Federal Register Volume 83, Issue 18 (January 26, 2018)
| Page Range | 3583-3585 | |
| FR Document | 2018-01451 |
[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] ======================================================================= ----------------------------------------------------------------------- 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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![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
| 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 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. | |
| 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: jb[email protected] | |
| FR Citation | 83 FR 3583 | |
| CFR Associated | Business and Industry; Consumer Protection; Imports; Infants and Children; Product Testing and Certification and Toys |
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