Guidance Document on Hazardous Additive, Non-Polymeric Organohalogen Flame Retardants in Certain Consumer Products, 45268-45269 [2017-20733]
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45268
Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices
Bicycle Helmets (OMB No. 3041–0127).
In the Federal Register of July 21, 2017
(82 FR 33875), the CPSC published a
notice announcing the agency’s intent to
seek an extension of approval of this
collection of information. CPSC
received no comments in response to
that notice. Therefore, by publication of
this notice, the Commission announces
that CPSC has submitted to the OMB a
request for extension of approval of that
collection of information without
change.
Written comments on this
request for extension of approval of
information collection requirements
should be submitted by October 30,
2017.
DATES:
Submit comments about
this request by email: OIRA_
submission@omb.eop.gov or fax: 202–
395–6881. Comments by mail should be
sent to the Office of Information and
Regulatory Affairs, Attn: OMB Desk
Officer for the CPSC, Office of
Management and Budget, Room 10235,
725 17th Street NW., Washington, DC
20503. In addition, written comments
that are sent to OMB also should be
submitted electronically at https://
www.regulations.gov, under Docket No.
CPSC–2010–0056.
FOR FURTHER INFORMATION CONTACT:
Charu S. Krishnan, Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814; (301)
504–7221, or by email to: ckrishnan@
cpsc.gov.
ADDRESSES:
CPSC has
submitted the following currently
approved collection of information to
OMB for extension:
Title: Safety Standard for Bicycle
Helmets.
OMB Number: 3041–0127.
Type of Review: Renewal of
collection.
Frequency of Response: On occasion.
Affected Public: Manufacturers and
importers of bicycle helmets.
Estimated Number of Respondents: 38
manufacturers and importers will
maintain test records of an estimated
200 models total annually, including
older models and new models. Testing
on bicycle helmets must be conducted
for each new production lot and the test
records must be maintained for 3 years.
Estimated Time per Response: 200
hours/model to test 40 new models
(including new prototypes) and an
estimated 100 hours/model to test new
production lots of 160 older models.
Additionally, manufacturers and
importers may require 4 hours annually
per model for recordkeeping for
approximately 200 models.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
18:44 Sep 27, 2017
Jkt 241001
Total Estimated Annual Burden:
24,800 hours (24,000 hours for testing
and 800 hours for recordkeeping).
General Description of Collection: In
1998, the Commission issued a safety
standard for bicycle helmets (16 CFR
part 1203). The standard includes
requirements for labeling and
instructions. The standard also requires
that manufacturers and importers of
bicycle helmets subject to the standard
issue certificates of compliance based
on a reasonable testing program. Every
person issuing certificates of
compliance must maintain certain
records. Respondents must comply with
the requirements in 16 CFR part 1203
for labeling and instructions, testing,
certification, and recordkeeping.
Alberta E. Mills,
Acting Secretary, Consumer Product Safety
Commission.
[FR Doc. 2017–20779 Filed 9–27–17; 8:45 am]
BILLING CODE 6355–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. CPSC–2015–0022]
Guidance Document on Hazardous
Additive, Non-Polymeric
Organohalogen Flame Retardants in
Certain Consumer Products
Consumer Product Safety
Commission.
ACTION: Guidance document.
AGENCY:
The Commission announces
that it has approved a statement that
provides guidance for manufacturers,
importers, distributors, retailers, and
consumers of certain consumer products
that may contain harmful organohalogen
flame retardants in an additive form. To
protect consumers and children from
the potential toxic effects of exposure to
these chemicals, the Commission
recommends that manufacturers of
children’s products, upholstered
furniture sold for use in residences,
mattresses (and mattress pads), and
plastic casings surrounding electronics
refrain from intentionally adding nonpolymeric, organohalogen flame
retardants (‘‘OFRs’’) to their products.
Further, the Commission recommends
that, before purchasing such products
for resale, importers, distributors, and
retailers obtain assurances from
manufacturers that such products do not
contain OFRs. Finally, the Commission
recommends that consumers, especially
those who are pregnant or with young
children, inquire and obtain assurances
from retailers that such products do not
contain OFRs.
SUMMARY:
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
FOR FURTHER INFORMATION CONTACT:
DeWane Ray, Deputy Director, Safety
Operations, Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone: (301)
504–7547, or email: JRay@cpsc.gov.
SUPPLEMENTARY INFORMATION: The text of
the guidance document is as follows:
Guidance for Hazardous Additive, NonPolymeric Organohalogen Flame
Retardants in Certain Consumer
Products
Summary: The U.S. Consumer
Product Safety Commission 1 issues this
guidance to manufacturers, importers,
distributors, retailers, and consumers to
protect consumers (particularly
children) from exposure to additive,
non-polymeric organohalogen flame
retardants (‘‘OFRs’’) 2 found in the
following products: (1) Durable infant or
toddler products, children’s toys, child
care articles or other children’s products
(other than children’s car seats); (2)
upholstered furniture sold for use in
residences; (3) mattresses and mattress
pads; and (4) plastic casings
surrounding electronics.3 OFRs, also
referred to as halogenated flame
retardants, typically are added to foams,
textiles, and polymers before, during or
after production in theory to improve
their resistance to fire. OFRs are not
chemically bound to the substrate and
may be released from the product,
thereby leading to potential human and
environmental exposures. On June 30,
2015, a coalition of consumer advocates
and health professionals petitioned the
Commission to declare four categories of
consumer products containing OFRs to
be ‘‘banned hazardous substances’’
under the Federal Hazardous
Substances Act (‘‘FHSA’’). The
petitioners claim that due to their
inherent physical-chemical properties,
OFRs, among other things, are toxic,
migrate widely out of products
regardless of how the products are used,
bioaccumulate, and present a serious
public health concern. On September
20, 2017, the Commission voted to grant
the petition to initiate rulemaking under
1 The Commission voted 3–2 to publish this
Guidance Document in the Federal Register.
Commissioner Robert S. Adler, Commissioner
Marietta S. Robinson, and Commissioner Elliot F.
Kaye voted to approve publication of the Guidance
Document. Acting Chairman Ann Marie Buerkle
and Commissioner Joseph P. Mohorovic voted
against publication of the Guidance Document.
2 For purposes of this guidance, OFRs refers to
additive, non-polymeric chemicals only; it does not
include reactive or polymeric OFRs.
3 This guidance is not a binding or enforceable
rule and would not change any person’s rights,
duties, or obligations under the Federal Hazardous
Substances Act or any other Act administered by
the Commission.
E:\FR\FM\28SEN1.SGM
28SEN1
Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices
the FHSA and directed the staff to
convene a Chronic Hazard Advisory
Panel pursuant to the procedures of
section 28 of the Consumer Product
Safety Act (15 U.S.C. 2077) to further
study the effects of these OFRs as a class
of chemicals on consumers’ health. In
the meantime, based on the
overwhelming scientific evidence
presented to the Commission to date,
the Commission has serious concerns
regarding the potential toxicity of OFRs,
and the risks of exposure, particularly to
vulnerable populations, to OFRs, from
the four categories of products listed in
the petition. Accordingly, the
Commission requests that
manufacturers of children’s products,
furniture, mattresses, and electronics
casings eliminate the use of such
chemicals in these products. The
Commission also recommends that,
before purchasing such products for
resale, importers, distributors, and
retailers obtain assurances from
manufacturers that such products do not
contain OFRs. Finally, the Commission
recommends that consumers, especially
those who are pregnant or with young
children, inquire and obtain assurances
from retailers that such products do not
contain OFRs.
Hazard: Scientific evidence to date
demonstrates that OFRs, when used in
non-polymeric, additive form, migrate
from consumer products, leading to
widespread human exposure to
mixtures of these chemicals. Exposures
to OFRs occur because of the semivolatile property of these chemicals that
results in migration of the chemicals
and the chemicals’ absorption into
household dust and other surfaces
where they persist in the indoor
environment. At this time, there is no
known way to direct consumers to use
affected products in a manner that
would guarantee reducing exposures to
the American population to an
acceptable level. Numerous peerreviewed, published studies show that
the vast majority of consumers have
measurable quantities of OFRs in their
blood. The known adverse health effects
of these chemicals to consumers
include: Reproductive impairment (e.g.,
abnormal gonadal development,
reduced number of ovarian follicles,
reduced sperm count, increased time to
pregnancy); neurological impacts (e.g.,
decreased IQ in children, impaired
memory, learning deficits, altered motor
behavior, hyperactivity); endocrine
disruption and interference with thyroid
hormone action (potentially
contributing to diabetes and obesity);
genotoxicity; cancer; and immune
disorders. These chemicals have a
VerDate Sep<11>2014
18:44 Sep 27, 2017
Jkt 241001
disproportionately negative health effect
on vulnerable populations, including
children.
Guidance: Under the FHSA, 15 U.S.C.
1261(g) and (f)(1)(A), any substance or
mixture of substances which is toxic,
i.e., that has the capacity to produce
illness through ingestion, inhalation, or
absorption through any bodily surface,
and may cause substantial injury or
illness during or as a proximate result
of customary or reasonably foreseeable
handing or use is a ‘‘hazardous
substance.’’ A product intended or
packaged for household use containing
a hazardous substance is required to
have precautionary labeling under the
FHSA (15 U.S.C. 1261(p)), but if
labeling is not adequate to protect
against the potential hazard, the
Commission may declare the product
banned. (15 U.S.C. 1261(q)(1)(B)). If an
article intended for use by children is a
hazardous substance or bears or
contains a hazardous substance that is
susceptible of access by a child to whom
the article is entrusted, the article is a
banned hazardous substance. Id.
1261(q)(1)(A).
To date, the Commission has not
banned household products containing
OFRs or required precautionary labeling
for such products. However, on
September 20, 2017, based on the
overwhelming scientific evidence
presented to date, the Commission
voted to grant the petition to initiate
rulemaking under the FHSA and
directed the staff to convene a Chronic
Hazard Advisory Panel pursuant to the
procedures of section 28 of the
Consumer Product Safety Act (15 U.S.C.
2077) to further study the effects of
OFRs as a class of chemicals on
consumers’ health. Much of the
evidence currently before the
Commission suggests OFRs, as a class of
chemicals, present a serious public
health issue. Therefore, the Commission
has serious concerns regarding the
potential toxicity of OFRs, and the risks
of exposure, particularly to vulnerable
populations, to OFRs, from the four
categories of products listed in the
petition.
For these reasons, the Commission
considers the use of OFRs in children’s
products, upholstered furniture sold for
use in residences, mattresses and
mattress pads, and plastic casings
surrounding electronics to be ill-advised
and encourages manufacturers to
eliminate using them in such products.
Further, the Commission recommends
that, before, purchasing such products
for resale, importers, distributors, and
retailers obtain assurances from
manufacturers that such products do not
contain OFRs. Finally, the Commission
PO 00000
Frm 00014
Fmt 4703
Sfmt 9990
45269
recommends that consumers, especially
those who are pregnant or with young
children, inquire and obtain assurances
from retailers that such products do not
contain OFRs.
Alberta E. Mills,
Acting Secretary, U.S. Consumer Product
Safety Commission.
[FR Doc. 2017–20733 Filed 9–27–17; 8:45 am]
BILLING CODE P
DEPARTMENT OF DEFENSE
Department of the Air Force
Record of Decision for the KC–46 Third
Main Operating Base (MOB 3)
Beddown
AGENCY:
Department of the Air Force.
Notice of Availability (NOA) of
a Record of Decision (ROD).
ACTION:
On September 8, 2017, the United
States Air Force signed the ROD for the
KC–46 Third Main Operating Base
(MOB 3) Beddown. The ROD states the
Air Force decision to beddown up to
twelve (12) KC–46 Primary Aerospace
Vehicles Authroized (PAA) in one
squadron at Seymor Johnston Air Force
Base, where the Air Force Reserve
Command (AFRC) leads the Mobility
Air Force Mission.
The decision was based on matters
discussed in the Final Environmental
Impact Statement (FEIS) for the KC–46
Third Main Operating Base (MOB 3)
Beddown (https://www.kc-46abeddown.com/); contributions from the
public and regulatory agencies; and
other relevant factors. The FEIS was
made available to the public on April
14, 2017 through a NOA in the Federal
Register (82 FR 17991) with a 30-day
wait period that ended on May 15, 2017.
Authority: This NOA is published
pursuant to the regulations (40 CFR part
1506.6) implementing the provisions of
the NEPA of 1969 (42 U.S.C. 4321, et
seq.) and the Air Force’s Environmental
Impact Analysis Process (32 CFR parts
989.21(b) and 989.24(b)(7)).
Mr.
Hamid Kamalpour, AFCEC/CZN, 2261
Hughes Ave., Ste. 155, Lackland AFB,
TX 78236–9853. Ph: (210) 925–2738.
FOR FURTHER INFORMATION CONTACT:
Henry Williams, Jr.,
Acting Air Force Federal Register Liaison
Officer.
[FR Doc. 2017–20822 Filed 9–27–17; 8:45 am]
BILLING CODE 5001–10–P
E:\FR\FM\28SEN1.SGM
28SEN1
]]>Agencies
[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Notices]
[Pages 45268-45269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20733]
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. CPSC-2015-0022]
Guidance Document on Hazardous Additive, Non-Polymeric
Organohalogen Flame Retardants in Certain Consumer Products
AGENCY: Consumer Product Safety Commission.
ACTION: Guidance document.
-----------------------------------------------------------------------
SUMMARY: The Commission announces that it has approved a statement that
provides guidance for manufacturers, importers, distributors,
retailers, and consumers of certain consumer products that may contain
harmful organohalogen flame retardants in an additive form. To protect
consumers and children from the potential toxic effects of exposure to
these chemicals, the Commission recommends that manufacturers of
children's products, upholstered furniture sold for use in residences,
mattresses (and mattress pads), and plastic casings surrounding
electronics refrain from intentionally adding non-polymeric,
organohalogen flame retardants (``OFRs'') to their products. Further,
the Commission recommends that, before purchasing such products for
resale, importers, distributors, and retailers obtain assurances from
manufacturers that such products do not contain OFRs. Finally, the
Commission recommends that consumers, especially those who are pregnant
or with young children, inquire and obtain assurances from retailers
that such products do not contain OFRs.
FOR FURTHER INFORMATION CONTACT: DeWane Ray, Deputy Director, Safety
Operations, Consumer Product Safety Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone: (301) 504-7547, or email: JRay@cpsc.gov.
SUPPLEMENTARY INFORMATION: The text of the guidance document is as
follows:
Guidance for Hazardous Additive, Non-Polymeric Organohalogen Flame
Retardants in Certain Consumer Products
Summary: The U.S. Consumer Product Safety Commission \1\ issues
this guidance to manufacturers, importers, distributors, retailers, and
consumers to protect consumers (particularly children) from exposure to
additive, non-polymeric organohalogen flame retardants (``OFRs'') \2\
found in the following products: (1) Durable infant or toddler
products, children's toys, child care articles or other children's
products (other than children's car seats); (2) upholstered furniture
sold for use in residences; (3) mattresses and mattress pads; and (4)
plastic casings surrounding electronics.\3\ OFRs, also referred to as
halogenated flame retardants, typically are added to foams, textiles,
and polymers before, during or after production in theory to improve
their resistance to fire. OFRs are not chemically bound to the
substrate and may be released from the product, thereby leading to
potential human and environmental exposures. On June 30, 2015, a
coalition of consumer advocates and health professionals petitioned the
Commission to declare four categories of consumer products containing
OFRs to be ``banned hazardous substances'' under the Federal Hazardous
Substances Act (``FHSA''). The petitioners claim that due to their
inherent physical-chemical properties, OFRs, among other things, are
toxic, migrate widely out of products regardless of how the products
are used, bioaccumulate, and present a serious public health concern.
On September 20, 2017, the Commission voted to grant the petition to
initiate rulemaking under
[[Page 45269]]
the FHSA and directed the staff to convene a Chronic Hazard Advisory
Panel pursuant to the procedures of section 28 of the Consumer Product
Safety Act (15 U.S.C. 2077) to further study the effects of these OFRs
as a class of chemicals on consumers' health. In the meantime, based on
the overwhelming scientific evidence presented to the Commission to
date, the Commission has serious concerns regarding the potential
toxicity of OFRs, and the risks of exposure, particularly to vulnerable
populations, to OFRs, from the four categories of products listed in
the petition. Accordingly, the Commission requests that manufacturers
of children's products, furniture, mattresses, and electronics casings
eliminate the use of such chemicals in these products. The Commission
also recommends that, before purchasing such products for resale,
importers, distributors, and retailers obtain assurances from
manufacturers that such products do not contain OFRs. Finally, the
Commission recommends that consumers, especially those who are pregnant
or with young children, inquire and obtain assurances from retailers
that such products do not contain OFRs.
---------------------------------------------------------------------------
\1\ The Commission voted 3-2 to publish this Guidance Document
in the Federal Register. Commissioner Robert S. Adler, Commissioner
Marietta S. Robinson, and Commissioner Elliot F. Kaye voted to
approve publication of the Guidance Document. Acting Chairman Ann
Marie Buerkle and Commissioner Joseph P. Mohorovic voted against
publication of the Guidance Document.
\2\ For purposes of this guidance, OFRs refers to additive, non-
polymeric chemicals only; it does not include reactive or polymeric
OFRs.
\3\ This guidance is not a binding or enforceable rule and would
not change any person's rights, duties, or obligations under the
Federal Hazardous Substances Act or any other Act administered by
the Commission.
---------------------------------------------------------------------------
Hazard: Scientific evidence to date demonstrates that OFRs, when
used in non-polymeric, additive form, migrate from consumer products,
leading to widespread human exposure to mixtures of these chemicals.
Exposures to OFRs occur because of the semi-volatile property of these
chemicals that results in migration of the chemicals and the chemicals'
absorption into household dust and other surfaces where they persist in
the indoor environment. At this time, there is no known way to direct
consumers to use affected products in a manner that would guarantee
reducing exposures to the American population to an acceptable level.
Numerous peer-reviewed, published studies show that the vast majority
of consumers have measurable quantities of OFRs in their blood. The
known adverse health effects of these chemicals to consumers include:
Reproductive impairment (e.g., abnormal gonadal development, reduced
number of ovarian follicles, reduced sperm count, increased time to
pregnancy); neurological impacts (e.g., decreased IQ in children,
impaired memory, learning deficits, altered motor behavior,
hyperactivity); endocrine disruption and interference with thyroid
hormone action (potentially contributing to diabetes and obesity);
genotoxicity; cancer; and immune disorders. These chemicals have a
disproportionately negative health effect on vulnerable populations,
including children.
Guidance: Under the FHSA, 15 U.S.C. 1261(g) and (f)(1)(A), any
substance or mixture of substances which is toxic, i.e., that has the
capacity to produce illness through ingestion, inhalation, or
absorption through any bodily surface, and may cause substantial injury
or illness during or as a proximate result of customary or reasonably
foreseeable handing or use is a ``hazardous substance.'' A product
intended or packaged for household use containing a hazardous substance
is required to have precautionary labeling under the FHSA (15 U.S.C.
1261(p)), but if labeling is not adequate to protect against the
potential hazard, the Commission may declare the product banned. (15
U.S.C. 1261(q)(1)(B)). If an article intended for use by children is a
hazardous substance or bears or contains a hazardous substance that is
susceptible of access by a child to whom the article is entrusted, the
article is a banned hazardous substance. Id. 1261(q)(1)(A).
To date, the Commission has not banned household products
containing OFRs or required precautionary labeling for such products.
However, on September 20, 2017, based on the overwhelming scientific
evidence presented to date, the Commission voted to grant the petition
to initiate rulemaking under the FHSA and directed the staff to convene
a Chronic Hazard Advisory Panel pursuant to the procedures of section
28 of the Consumer Product Safety Act (15 U.S.C. 2077) to further study
the effects of OFRs as a class of chemicals on consumers' health. Much
of the evidence currently before the Commission suggests OFRs, as a
class of chemicals, present a serious public health issue. Therefore,
the Commission has serious concerns regarding the potential toxicity of
OFRs, and the risks of exposure, particularly to vulnerable
populations, to OFRs, from the four categories of products listed in
the petition.
For these reasons, the Commission considers the use of OFRs in
children's products, upholstered furniture sold for use in residences,
mattresses and mattress pads, and plastic casings surrounding
electronics to be ill-advised and encourages manufacturers to eliminate
using them in such products. Further, the Commission recommends that,
before, purchasing such products for resale, importers, distributors,
and retailers obtain assurances from manufacturers that such products
do not contain OFRs. Finally, the Commission recommends that consumers,
especially those who are pregnant or with young children, inquire and
obtain assurances from retailers that such products do not contain
OFRs.
Alberta E. Mills,
Acting Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2017-20733 Filed 9-27-17; 8:45 am]
BILLING CODE P
