[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Proposed Rules]
[Pages 50238-50239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20454]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1500

[Docket No. CPSC-2015-0022]


Petition Requesting Rulemaking on Products Containing 
Organohalogen Flame Retardants

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of petition for rulemaking.

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SUMMARY: The United States Consumer Product Safety Commission (``CPSC'' 
or ``Commission'') received a petition requesting that the Commission 
initiate rulemaking under the Federal Hazardous Substances Act 
(``FHSA'') to declare several categories of products containing 
additive organohalogen flame retardants to be ``banned hazardous 
substances.'' The Commission invites written comments concerning the 
petition.

DATES: The Office of the Secretary must receive comments on the 
petition by October 19, 2015.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2015-
0022, by any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: http://www.regulations.gov. Follow the 
instructions for submitting comments. The Commission does not accept 
comments submitted by electronic mail (email), except through 
www.regulations.gov. The Commission encourages you to submit electronic 
comments by using the Federal eRulemaking Portal, as described above.
    Written Submissions: Submit written submissions by mail/hand 
delivery/courier to: Office of the Secretary, Consumer Product Safety 
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; 
telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and docket number for this proposed rulemaking. All comments received 
may be posted without change, including any personal identifiers, 
contact information, or other personal information provided, to: http://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
that you do not want to be available to the public. If furnished at 
all, such information should be submitted in writing.
    Docket: For access to the docket to read background documents or 
comments received, go to: http://www.regulations.gov, and insert the 
docket number, CPSC-2015-0022, into the ``Search'' box, and follow the 
prompts. A copy of the petition is available at http://www.regulations.gov under Docket No. CPSC-2015-0022, Supporting and 
Related Materials.

FOR FURTHER INFORMATION CONTACT: Todd Stevenson, Office of the 
Secretary, U.S. Consumer Product Safety

[[Page 50239]]

Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; 
telephone (301) 504-6833.

SUPPLEMENTARY INFORMATION: The Commission received a petition 
requesting that the Commission initiate rulemaking under the FHSA to 
declare several categories of products containing additive 
organohalogen flame retardants to be ``banned hazardous substances.'' 
Specifically, the request asks the Commission to declare that:
     Any durable infant or toddler product, children's toy, 
child care article, or other children's product (other than children's 
car seats) that contains additive organohalogen flame retardants, is a 
``banned hazardous substance'';
     Any article of upholstered furniture sold for use in 
residences and containing additive organohalogen flame retardants is a 
``hazardous substance'' and a ``banned hazardous substance'';
     Any mattress or mattress pad with additive organohalogen 
flame retardants is a ``hazardous substance'' and a ``banned hazardous 
substance''; and
     Any electronic device with additive organohalogen flame 
retardants in its plastic casing is a ``hazardous substance'' and a 
``banned hazardous substance.''
    The petition was filed by Earthjustice and the Consumer Federation 
of America, which are joined by American Academy of Pediatrics, 
American Medical Women's Association, Consumers Union, Green Science 
Policy Institute, International Association of Fire Fighters, Kids in 
Danger, Philip Landrigan, M.D., M.P.H., League of United Latin American 
Citizens, Learning Disabilities Association of America, and Worksafe.
    Petitioners assert that additive organohalogen flame retardants are 
used extensively in the consumer products categories that would be 
covered by their rulemaking request. Petitioners further assert that, 
based on the physico-chemical properties of additive organohalogen 
flame retardants, all such chemicals in this class will migrate out of 
consumer products and persist in the indoor environment. According to 
petitioners, because organohalogen flame retardants are, as a class, 
foreign to the human body and inherently toxic due to their physical, 
chemical, and biological properties, human exposure to these chemicals 
will result in adverse human health impacts. Finally, petitioners 
provide data and information regarding adverse human health impacts, 
which include reproductive impairment, neurological impacts, endocrine 
disruption and interference with thyroid hormone action, genotoxicity, 
cancer, and immune disorders.
    Petitioners assert that declaring the specified categories of 
products containing additive organohalogen flame retardants to be 
``banned hazardous substances'' is necessary to adequately protect 
public health and safety. More specifically, petitioners assert that 
action short of a ban under the FHSA would not adequately protect the 
public health and safety because warning labeling cannot adequately 
prevent or control exposure to flame retardants that migrate from 
products into homes. Furthermore, petitioners argue that the ban must 
apply to the entire class of additive organohalogen flame retardants 
because banning only individual chemicals within that class would allow 
other inherently toxic chemicals within that class to be used.
    By this notice, the Commission seeks comments concerning this 
petition. Interested parties may obtain a copy of the petition by 
writing or calling the Office of the Secretary, U.S. Consumer Product 
Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 
20814; telephone (301) 504-7923. A copy of the petition is also 
available for viewing under ``Supporting and Related Materials'' in 
www.regulations.gov under this docket number, Docket No. CPSC-2015-
0022.

    Dated: August 14, 2015.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2015-20454 Filed 8-18-15; 8:45 am]
 BILLING CODE 6355-01-P