54754 Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules

information associated with the Class C Authority: 49 U.S.C. 106(f), 106(g); 40103, ADDRESSES: You may submit comments, airspace surface area and shelf. 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, identified by Docket No. CPSC–2016– Lastly, this action would update the 1959–1963 Comp., p. 389. 0017, by any of the following methods: El Paso International Airport geographic § 71.1 [Amended] Electronic Submissions: Submit coordinates to reflect the current ARP electronic comments to the Federal ■ 2. The incorporation by reference in information in the FAA’s aeronautical eRulemaking Portal at: http:// 14 CFR 71.1 of the FAA Order 7400.9Z, database from ‘‘lat. 31°48′24″ N., long. www.regulations.gov. Follow the Airspace Designations and Reporting 106°22′40″ W.’’ to ‘‘lat. 31°48′26″ N., instructions for submitting comments. Points, dated August 6, 2015, and long. 106°22′35″ W.’’ The Commission does not accept effective September 15, 2015, is Class C airspace areas are published comments submitted by electronic mail amended as follows: in paragraph 4000 of FAA Order (email), except through regulations.gov. The Commission encourages you to 7400.9Z, dated August 6, 2015 and Paragraph 4000—Subpart C—Class C effective September 15, 2015, which is Airspace submit electronic comments by using the Federal eRulemaking Portal, as incorporated by reference in 14 CFR * * * * * 71.1. The Class C airspace area described above. modification proposed in this document ASW TX C El Paso International Airport, Written Submissions: Submit written would be published subsequently in the TX [Amended] comments by mail/hand delivery/ Order. El Paso International Airport, TX courier to: Office of the Secretary, (Lat. 31°48′26″ N., long. 106°22′35″ W.) Consumer Product Safety Commission, Regulatory Notices and Analyses That airspace extending upward from the Room 820, 4330 East West Highway, The FAA has determined that this surface to and including 8,000 feet MSL Bethesda, MD 20814; telephone (301) proposed regulation only involves an within a 5-mile radius of the El Paso 504–7923. International Airport, excluding that airspace Instructions: All submissions received established body of technical ° ′ ″ regulations for which frequent and west of long. 106 27 02 W., and that airspace must include the agency name and within Mexico; and that airspace extending routine amendments are necessary to docket number. All comments received upward from 5,200 feet MSL to and may be posted without change, keep them operationally current. It, including 8,000 feet MSL within a 10-mile therefore: (1) Is not a ‘‘significant including any personal identifiers, radius of the El Paso International Airport, contact information, or other personal regulatory action’’ under Executive excluding that airspace west of long. Order 12866; (2) is not a ‘‘significant 106°27′02″ W., and that airspace within information provided, to: http:// rule’’ under Department of Mexico. www.regulations.gov. Do not submit Transportation (DOT) Regulatory confidential business information, trade Issued in Washington, DC, on August 10, secret information, or other sensitive or Policies and Procedures (44 FR 11034; 2016. protected information that you do not February 26, 1979); and (3) does not M. Randy Willis, warrant preparation of a regulatory want to be available to the public. If Acting Manager, Airspace Policy Group. furnished at all, such information evaluation as the anticipated impact is [FR Doc. 2016–19556 Filed 8–16–16; 8:45 am] so minimal. Since this is a routine should be submitted in writing by mail/ BILLING CODE 4910–13–P matter that will only affect air traffic hand delivery/courier. procedures and air navigation, it is FOR FURTHER INFORMATION CONTACT: certified that this proposed rule, when Randy Butturini, Project Manager, CONSUMER PRODUCT SAFETY promulgated, will not have a significant Office of Hazard Identification and COMMISSION economic impact on a substantial Reduction U.S. Consumer Product Safety Commission, 4330 East West number of small entities under the 16 CFR Part 1308 criteria of the Regulatory Flexibility Act. Hwy., Room 814, Bethesda, MD 20814; [Docket No. CPSC–2016–0017] 301–504–7562: email; rbutturini@ Environmental Review cpsc.gov. Prohibition of Children’s Toys and This proposal will be subject to an SUPPLEMENTARY INFORMATION: environmental analysis in accordance Child Care Articles Containing with FAA Order 1050.1F, Specified Phthalates: Determinations A. Background ‘‘Environmental Impacts: Policies and Regarding Certain Plastics 1. Third Party Testing and Burden Procedures’’ prior to any FAA final AGENCY: U.S. Consumer Product Safety Reduction regulatory action. Commission. Section 14(a) of the Consumer List of Subjects in 14 CFR Part 71 ACTION: Notice of proposed rulemaking. Product Safety Act, (CPSA), as amended by the Consumer Product Safety Airspace, Incorporation by reference, SUMMARY: The Consumer Product Safety Improvement Act of 2008 (CPSIA), Navigation (air). Commission (Commission, or CPSC) is requires that manufacturers of products The Proposed Amendment proposing a rule to determine that subject to a consumer product safety certain plastics with specified additives rule or similar rule, ban, standard, or In consideration of the foregoing, the would not contain the specified Federal Aviation Administration regulation enforced by the CPSC, must phthalates prohibited in children’s toys certify that the product complies with proposes to amend 14 CFR part 71 as and child care articles. Based on these follows: all applicable CPSC-enforced determinations, the specified plastics requirements. 15 U.S.C. 2063(a). For PART 71—DESIGNATION OF CLASS A, with specified additives would not children’s products, certification must B, C, D, AND E AIRSPACE AREAS; AIR require third party testing for be based on testing conducted by a TRAFFIC SERVICE ROUTES; AND compliance with the mandatory CPSC-accepted third party conformity REPORTING POINTS phthalates prohibitions on children’s assessment body. Id. Public Law 112–28 toys and child care articles. (August 12, 2011) directed the CPSC to ■ 1. The authority citation for part 71 DATES: Submit comments by October 31, seek comment on ‘‘opportunities to continues to read as follows: 2016. reduce the cost of third party testing

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requirements consistent with assuring permanent, and proposing to lift the approach resulted in a comprehensive compliance with any applicable interim statutory prohibitions on DIDP review of the available literature that is consumer product safety rule, ban, and DnOP in children’s toys and child representative of the information standard, or regulation.’’ Public Law care articles. In addition, the NPR available on the potential for the 112–28 also authorized the Commission proposed adding four new phthalates to presence of any of the 11 phthalates in to issue new or revised third party the prohibited list of phthalates that the 4 specified plastics. testing regulations if the Commission cannot exceed 0.1 percent concentration TERA screened over 119,800 studies determines ‘‘that such regulations will in accessible component parts of reduce third party testing costs children’s’ toys and child care articles. identified by the above described tiered consistent with assuring compliance Table 2 contains the list of phthalates search method for relevance to the 11 with the applicable consumer product that the NPR proposed to prohibit in phthalates and 4 plastics. CPSC staff safety rules, bans, standards, and children’s toys and child care articles. reviewed the information provided in regulations.’’ Id. 2063(d)(3)(B). the contractor report and formulated TABLE 2—PROPOSED PROHIBITED recommendations for Commission 2. Prohibitions in Section 108 of the consideration based on TERA’s CPSIA PHTHALATES research. Section 108 of the CPSIA prohibits Phthalates The plastics researched by TERA children’s toys and child care articles were: that contain six specified phthalates in DEHP: di-(2-ethylhexyl) phthalate concentrations above 0.1 percent in DBP: dibutyl phthalate • Polypropylene (PP); ‘‘accessible plasticized component parts BBP: benzyl butyl phthalate • Polyethylene (PE); and other component parts made of DINP: diisononyl phthalate • High-impact polystyrene (HIPS); materials that may contain phthalates.’’ DIBP: diisobutyl phthalate DPENP: di-n-pentyl phthalate and The prohibited phthalates in section 108 DHEXP: di-n-hexyl phthalate • Acrylonitrile butadiene styrene of the CPSIA are listed in Table 1. DCHP: dicyclohexyl phthalate Children’s toys and child care articles (ABS). subject to the content limits in section B. Contractor’s Research on Phthalates TERA’s research included the 108 of the CPSIA require third party in Consumer Products following factors: testing for compliance with the • phthalate content limits before the CPSC contracted with Toxicology The raw materials used in the manufacturer can issue a Children’s Excellence for Risk Assessment (TERA) production of the specified plastics; Product Certificate (CPC) and enter the to conduct research on phthalates and • The manufacturing processes used children’s toys or child care articles into provide CPSC with two research reports worldwide to produce the plastics; commerce. on phthalates relevant to this • rulemaking. TERA conducted a Typical applications for the literature search on the production and specified plastics in consumer products, TABLE 1—STATUTORILY PROHIBITED especially toys and child care articles, PHTHALATES use of 11 specified phthalates in consumer products (Task 11 Report).3 focusing on circumstances where the The 11 phthalates researched by TERA plastic could contain phthalates at Permanent prohibition on phthalates in concentrations greater than 0.1 percent; children’s toys and child care articles are based on the phthalates assessed by the CHAP and the recommendations • The potential use of recycled DEHP: di-(2-ethylhexyl) phthalate made in the CHAP report. Additionally, materials containing the specified DBP: dibutyl phthalate the CPSC contracted with TERA to phthalates in the production of the BBP: benzyl butyl phthalate conduct a literature search on whether plastics; and specified plastics could be determined Interim prohibition on phthalates in • The potential for phthalate children’s toys and child care articles not to contain any of the 11 phthalates in concentrations above the CPSIA limit contamination during packaging, DINP: diisononyl phthalate of 0.1 percent (Task 12 Report).4 storage, use, or other factors. DIDP: diisodecyl phthalate TERA used a tiered literature research C. CPSC Staff Analysis DnOP: di-n-octyl phthalate approach to identify sources for review from among the ‘‘universe’’ of available 1. Polypropylene (PP) The CPSIA required the Commission data. The tiers were used to provide a to appoint a Chronic Hazard Advisory structured search method to locate TERA’s research indicated the Panel (CHAP) to ‘‘study the effects on relevant sources and eliminate production of PP plastic uses a PP children’s health of all phthalates and unrelated material. TERA used books, monomer, ethylene, and other phthalate alternatives as used in factsheets, journal articles, patents, and monomers, a hydrocarbon solvent, children’s toys and child care articles.’’ other sources as primary and secondary catalysts, nucleating agents or fillers, The CHAP issued its report in July literature sources. The use of this tiered and a number of other additives, 2014.1 Based on the CHAP report, the depending on the type of PP and other Commission published a notice of 3 http://www.cpsc.gov//Global/Research-and- manufacturing considerations. proposed rulemaking (NPR) 2 proposing Statistics/Technical-Reports/ Additives can be included in PP to to make the interim prohibition on DINP Other%20Technical%20Reports/ achieve various chemical and in children’s toys and child care articles TERAReportPhthalates.pdf. The work was conducted as a task order (Task 11) under CPSC mechanical characteristics. PP can contract CPSC–D–12–0001. include the following additives: 1 http://www.cpsc.gov/PageFiles/169902/CHAP- 4 http://www.cpsc.gov//Global/Research-and- • REPORT-With-Appendices.pdf. Statistics/Technical-Reports/ Hydrocarbon solvents: Examples of 2 https://www.federalregister.gov/articles/2014/ Other%20Technical%20Reports/ solvents used are hexane and heptane; 12/30/2014-29967/prohibition-of-childrens-toys- ReportonPhthalatesinFourPlastics.pdf. The work and-child-care-articles-containing-specified- was conducted as a task order (Task 12) under phthalates. CPSC contract CPSC–D–12–0001.

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• Catalysts: 5 Catalysts used in • Nucleating agents: Nucleating contributes an electron to the chemical producing PP are the Ziegler-Natta agents are additives that increase the reaction), such as DBP, DIBP or DEHP. catalysts; 6 crystallization of a plastic from a liquid As described in the Task 12 Report, • Fillers: Fillers are added to plastics solution. Examples of nucleating agents these catalysts may survive the plastic’s to enhance their performance (e.g., for PP include carboxylic acids, benzyl polymerization process, and the impact resistance, shrink resistance), sorbitols, and salts of organic phthalates may be present in the final and reduce manufacturing costs. phosphates; plastic pellets, theoretically at Examples of fillers used in PP include • Flame retardants: Examples of concentrations of about 1 mg/kg (1 part talc, calcium carbonate, and fiberglass; flame retardants include brominated per million, ‘‘ppm’’). The Task 12 • Primary antioxidants: Antioxidants flame retardants, cycloaliphatic Report references an industry analysis inhibit oxidative deterioration of a chlorines; antimony trioxide, ferric in the context of European regulations material. Primary antioxidants donate oxide, zinc oxide, zinc borate, barium that indicates that phthalate hydrogen atoms to prevent free radical metaborates; phosphorus flame concentrations in PP do not exceed 0.15 creation. Examples of primary retardants, magnesium hydroxide, and mg/kg (0.15 ppm) and are often below antioxidants include hindered phenol, aluminum hydroxide; the measurement threshold of the • such as butylated hydroxytoluene, and Blowing or foaming agents: Blowing analytical method of 0.01 mg/kg (0.01 hindered amine light stabilizers; and foaming agents create gas bubbles ppm). • Secondary antioxidants: Secondary during molding, resulting in a foamed antioxidants prevent degradation by plastic. Examples of blowing and 2. Polyethylene (PE) breaking down free radicals and foaming agents include sodium TERA’s research indicated that PE is hydroperoxides, and synergize with the bicarbonate, sodium borohydride, manufactured using PE monomers or primary antioxidants. Examples of polycarbonic acid, citric acid, ′ certain copolymers or other monomers, secondary antioxidants include 4,4 oxybis(benzenesulfonyl hydrazide), and a number of additives. Additives phosphites and thioesters; azodicarbonamide, or para- can be included in PE to achieve various • Neutralizing agents: Neutralizing toluenesulfonyl semicarbazide; chemical and mechanical agents adjust the acidity of the • Antiblocking agents: Antiblocking characteristics. PE can include the chemicals during production, and can agents are used to prevent plastic films following additives: include calcium and zinc stearate, from sticking together through cold flow • Plasticizers: 7 Examples of zeolites, calcium and zinc oxides, and or static electricity. Examples of metallic salts of lactic or benzoic acid; antiblocking agents include natural and plasticizers for PE include glyceryl • Antistatic agents: Antistatic agents manufactured waxes, metallic salts of tribenzoate, polyethylene glycol, reduce the buildup of static electricity, fatty acids, silica compounds, and some sunflower oil, paraffin wax, paraffin oil, and can include cationic compounds, polymers (e.g., polyvinyl alcohol, mineral oil, glycerin, EPDM rubber, anionic compounds, and nonionic EVA polymer, DOP; 8 polyamides, polyethylene, • compounds; polysiloxanes, and fluoroplastics); Initiators: Initiators help form the • Slip agents: Slip agents are added to • Lubricants: Lubricants are used in plastic macromolecules from the reduce a plastic surface’s coefficient of PP (and other plastics) to lower the solution. Examples of PE initiators are friction. Examples of slip agents include molten material’s coefficient of viscosity benzoyl peroxide, azodi- modified fatty acids or fatty amides; and prevent the plastic from sticking to isobutyronitrile, and oxygen; • Metal deactivators: Transition metal surfaces. The lubricants allow the • Promoters: Promoters in PE metals like copper and iron can plastic’s hydrocarbon chains to slip past improve paint adhesion and resistance accelerate plastic degradation. Metal each other in the melt. Examples of to some solvents. PE promoters include ′ deactivators, such as N,N - lubricants include metal soaps, sodium and calcium (in metal or dibenzaloxaldihydrazide, combine with hydrocarbon waxes, polyethenes, amide hydride form); the metal ions and prevent catalytic waxes, fatty acids, and fatty alcohols, • Catalysts: Catalysts for PE include degradation of the plastic; the Ziegler-Natta catalysts, and • (e.g., calcium or zinc stearates); or Quenchers: Quenchers scavenge • Colorants: Colorants for plastics metallocene catalysts (e.g., zirconium, stray free radicals and decompose typically consist of dyes, in which the titanium); unwanted peroxides. Examples of color-producing material is dissolved in • Fillers: silane and titanate coupling quenchers are organic nickel complexes, a carrier medium, and pigments, in agents are used as fillers in PE; nickel salts of thiocarbamate, and nickel which very small particles of the color- • Antistatic agents: PE antistatic complexes with alkylated phenol producing material are suspended in the agents include polyethylene glycol alkyl phosphonates; • carrier medium. Examples of colorants esters; UV stabilizers: Ultraviolet (UV) used in PP include heavy metal-based stabilizers are added to PP to protect the oxides, sulfides, chromates, and other 7 plastic from degradation in sunlight. The Task 12 Report indicated that several complexes, including cadmium, zinc, prohibited phthalates are used as plasticizers in PE. Examples of UV stabilizers are hindered titanium, lead, molybdenum; and CPSC staff reviewed the report’s references for this amine light stabilizers, carbon black, ultramines (sulfide-silicate complexes information. As cited in the Task 12 Report, Bhunia titanium dioxide, zinc oxide, derivatives et al. (2013) reported several phthalates used in containing sodium and aluminum; azo of benzophenone, benzotriazoles, food packaging plastic films, including PE, pigments). referencing Sablani and Rahman (2007). In the latter phenyl, aryl, or acrylic esters, The research showed that among all reference, staff did not find any support for the formamidines, and oxanilides; of these raw materials and additives, claimed uses of phthalates. In fact, in the section on plasticizers, Sablani and Rahman (2007) stated only Ziegler-Natta catalysts may contain 5 The Merriam-Webster online dictionary defines that most plasticizers are used in PVC and that as a ‘‘catalyst’’ as ‘‘a substance that causes or one or more of the prohibited a result of studies on migration of plasticizers from accelerates a chemical reaction without itself being phthalates. Ziegler-Natta catalysts are food packaging, ‘‘. . . industry has replaced PVC affected.’’ A catalyst is not consumed, altered, or generally titanium-based catalyst with other polymers, such as PE or regenerated cellulose not associated with plasticizers.’’ incorporated into one of the reaction’s products. systems in combination with an 6 A Ziegler–Natta catalyst, named after Karl (emphasis added) Ziegler and Giulio Natta, is a class of catalyst used organoaluminum co-catalyst, and an 8 The isomer of DOP was not specified. DOP can in the production of some plastics. internal donor (a molecule that include DEHP.

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• Flame retardants: PE flame in HIPS to achieve various chemical and • Lubricants: ABS lubricants include retardants include antimony trioxide, mechanical characteristics. HIPS can metallic stearates, montan waxes or and halogenated substances; include the following additives: amide waxes; 9 • Anti-blocking agents: Fine silicas • Catalysts: The Ziegler-Natta • Antioxidants: Phenolic-based or are an example of a PE antiblocking catalysts; phosphate-based antioxidants are used agent; • Internal lubricant: Zinc stearate is a in the manufacture of ABS; • • Slip agents: PE slip agents include lubricant for HIPS; Molecular weight regulator: An fatty acid amides such as oleamide and • Chain transfer/transition agent: example of an ABS molecular-weight regulator is tert-dodecyl mercaptan; erucamide; Chain transfer/transition agents regulate • • Initiators/catalysts: ABS initiators Blowing agents: PE blowing agents the length of the HIPS macromolecules. include 4,4′-oxybisbenzenesulfono- and catalysts include potassium HIPS chain transfer/transition agents persulfate, sodium persulfate, oil- hydrazine and azocarbonamide; include tertdocecylmercaptan and • Cross-linking agents: Cross-linking soluble initiators in a redox system liquid paraffin; agents set up chemical bonds between • (cumene hydroperoxide, sodium the plastic macromolecules and assists Stabilizer: Tert-butylcatechol is a pyrophosphate, dextrose, and iron (II) stabilizer for HIPS; sulfate); in ‘‘curing’’ the plastic. Examples of • cross-linking agents include dicumyl Diluents: Diluents are used to • Activators: Activators prepare the peroxide, and vinyl silanes; reduce the concentration of a plastic as ABS surface for electroplating. The • Antioxidants: PE antioxidants a means to reduce the plastic’s viscosity activators in ABS are often palladium include 4-methyl-2,6-t-butyl phenol, and to modify its processing conditions. and tin salts in an acid solution; 10 1,1,3-tris-(4-hydroxy-2-methyl-5- Examples of HIPS diluents include • Emulsifiers: Emulsifiers are butylphenyl)butane, bis-[2-hydroxy-5- ethylbenzene, and toluene; or chemicals that promote the mixing of methyl-3-(1-methylcyclohexyl)phenyl]- • Colorants: HIPS colorants include hydrophilic and hydrophobic materials. methane, and dilauryl-b,b′- azo dyes, anthraquinone dyes, perinone ABS emulsifiers include salts of rosin, dyes, or xanthene dyes. fatty sodium lauryl sulfate, and oleate; thiodipropionate; • • Carbon black; or • Other additives: Additional Colorants: ABS colorants include • Colorants: PE colorants are often materials used in the manufacture of phthalocyanines, perylenes, based on cobalt, cadmium, and HIPS include: cromophtals, titanium dioxide, carbon manganese. Æ Aluminum chloride, ethyl chloride, black, black iron oxide, ultramarine As with PP, PE catalysts include an hydrochloric acid; blue, red iron oxide, and aluminum 11 internal donor, such as DBP, DIBP, or Æ Iron oxide, potassium oxide, flake. DEHP, although the phthalate chromium oxide; and 5. Additional CPSC Staff Research concentration in the final plastic is Æ Bifunctional peroxides. TERA’s research did not include an generally well below 0.15 mg/kg (0.15 As with PP and PE, the polybutadiene ppm). examination of the colorants in used in HIPS production is made with polyethylene, high-impact polystyrene, One reference in the Task 12 report the use of catalysts that include an indicated that DOP can be used as a or acrylonitrile butadiene styrene. internal donor, such as DBP, DIBP, or TERA’s research also did not include an plasticizer in PE. Staff reviewed the DEHP. Although no testing for phthalate cited references, as well as citations examination of the lubricants, content was located, because the use of activators, and antioxidants that could within the references, and found that phthalate in HIPS is as a catalyst, the uses of DOP in PE are mentioned in be used in the production of ABS. CPSC concentration in the final product is staff conducted additional research into patents for specialized materials with no expected to be well below 0.1 percent. known current consumer product these component parts of the plastics. application, or may be used in 4. Acrylonitrile Butadiene Styrene (ABS) 6. Potential Phthalate Use in the Four materials, such as pavement marking, TERA’s research indicated that ABS Plastics which are not children’s products. One plastic is manufactured with specific The Task 11 Report indicates that cited patent described use of phthalates monomers, such as acrylonitrile, phthalates are used generally as in a PE microporous film used as an butadiene, and styrene, trans-1,4- plasticizers or softeners of certain internal separator for lithium ion butadiene, cis-1,4-butadiene, and 1,2- plastics, primarily polyvinyl chloride batteries. butadiene. Additives are included in (PVC), as solvents, and as components The Task 12 Report cited a patent for ABS to achieve various chemical and of inks, paints, adhesives, and sealants. a material made with PE plastic and mechanical characteristics. ABS can Except for the general category of inks DBP for use as a surface for outdoor include the following additives: and colorants, the Task 11 Report did athletic track, basketball, volleyball, and • Plasticizers: ABS plasticizers not indicate uses of the prohibited playgrounds. CPSC staff found no include hydrocarbon processing oil, phthalates in any of the four plastics, in information indicating that such a triphenyl phosphate, resorcinol the raw materials, or in the types of product has been manufactured and bis(diphenyl phosphate), oligomeric additives that might be used in the four marketed for consumer use. phosphate, long chain fatty acid esters, plastics. Furthermore, the applications for the and aromatic sulfonamide; The four plastics may also be used as material do not include children’s toys • ingredients in a variety of materials. For or child care articles that are subject to Hydrocarbon solvents: hexane, heptane, and ethyl benzene; the phthalate content restrictions. 9 • Stabilizers against heat or light The TERA Task 12 Report did not specify ABS lubricants. CPSC staff supplemented the Task 12 3. High-Impact Polystyrene (HIPS) degradation: Stabilizer examples Report with additional research. TERA’s research indicated that HIPS include phenolic antioxidants, thiol- 10 The TERA Task 12 Report did not specify ABS is a plastic blend generally produced containing antioxidants, phosphites, activators. CPSC staff supplemented the Task 12 thioesters, substituted benzophenones Report with additional research. from styrene, polybutadiene rubber, 11 and benzotriazoles, and hindered The TERA Task 12 Report did not specify ABS benzene, and a number of other colorants. CPSC staff supplemented the Task 12 substances. Additives can be included amines; Report with additional research.

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example, PP may be used in plastics are produced. However, the of the TERA task reports, nor research formulations for concrete, paints, and Task 11 Report describes uses of by CPSC staff found that phthalates are lubricating grease. These materials phthalates in materials on these plastics, used as a component part of the four would not be considered to be PP such as coatings, inks, and adhesives. plastics. In the case of the phthalate plastic. PE, HIPS, ABS also may be used Because consumer products purchased catalysts used in plastics manufacturing, as additives in materials that would not in stores likely consist of a number of the phthalate concentration in finished be considered plastics. different component parts, some of plastics is significantly below the The TERA Task 11 and Task 12 which may have contained phthalates, maximum allowable concentration. Reports indicate that the phthalates the studies described above should not The two TERA task reports and CPSC researched are not associated with the be considered to be evidence that staff research show that very little chemistry and applications of the phthalates were used in the information exists that indicates that plastics PP, PE, HIPS, or ABS. When manufacture of the PP, PE, HIPS, or ABS manufactured PP, PE, HIPS, and ABS these plastics are plasticized, materials plastic component parts of consumer plastics could contain the researched other than the phthalates are used as products subject to the phthalate phthalates. The research located plasticizers (e.g., hydrocarbon content restrictions. references, including patents, for processing oil, phosphate esters, long 8. Phthalates in Recycled Materials uncommon and specialized products, chain fatty acid esters, and aromatic and products that generally do not have sulfonamide for ABS). TERA found one All four plastics may be recycled and applications to children’s toys and child reference in which DnOP (also referred reprocessed into new products. care articles. to as DOP) was used as a plasticizer for However, degradation of the original Staff found no evidence that PE. However, the only application cited plastics during the recycling process phthalates are present at concentrations was a patent for a microporous plastic and mixing with other plastics or above 0.1 percent in any of the four film used in the production of lithium- materials in the recycling steam can plastics (either virgin or using recycled ion batteries. TERA’s research included reduce the quality of the recovered material) for consumer products, references prior to and after the plastic and limit further commercial especially children’s products. enactment of the CPSIA, none of which uses. In some cases, recovered plastics indicated any phthalate use in the four are mixed with virgin plastics to D. Determinations for Specified Plastics plastics. improve the products’ quality and 1. Legal Requirements for a utility. The Task 12 Report indicated Determination 7. Studies Where Phthalates Were that few studies were located for Detected analysis of phthalates in recycled As noted above, section 14(a)(2) of the TERA’s investigation of the uses of plastics. One study found no phthalates CPSA requires third party testing for the four plastics shows that all four are in recycled PP carpet. Two studies children’s products that are subject to a used to make plastic consumer products analyzed solid waste consisting of PP or children’s product safety rule. 15 U.S.C. and component parts. None of these PE. One study reported detection of 2063(a)(2). Children’s toys and child applications specifically includes phthalates in recovered waste PP and PE care articles must comply with the phthalates, although a few studies of the material, but not in samples of virgin PP phthalates prohibitions in section 108 of phthalate content of products were or PE plastic. The other study reported the CPSIA. 15 U.S.C. 2057c. In response located. phthalates in recovered PE. The authors to statutory direction, the Commission Several studies evaluated food, of the latter study suggested that the has investigated approaches that would beverage, and cosmetics packaging source of phthalates could have been reduce the burden of third party testing made with PP, PE, and polystyrene (PS). the products that had been in contact while also assuring compliance with These studies generally measured with the plastic. CPSC requirements. As part of that migration of specified chemicals, HIPS and ABS are generally used as endeavor, the Commission has including phthalates, from products rigid materials; available information considered whether certain materials purchased in retail stores. The does not indicate use of phthalates in used in children’s toys and child care references provided few or no details such materials or associated with articles would not require third party about all the materials used in the recycled HIPS or ABS. testing. products, including whether other Some studies indicated the potential To issue a determination that a plastic plastics were present, whether other for low, but detectable, levels of (including specified additives) does not component parts were present such as phthalates in plastics, such as PP or PE require third party testing, the coatings, finishes, inks, or adhesives, or packaging that contained or had been in Commission must have sufficient whether residues of the contained contact with a phthalate-containing evidence to conclude that the plastic products were present. product. Products made with such and specified additives would The Task 12 Report also cited a materials could contain residual consistently comply with the CPSC Korean study of various products that phthalates, although at levels well requirement to which the plastic (and reported low levels of phthalates in a below the maximum allowed specified additives) is subject so that toy car made with ABS. The study concentration in children’s products.12 third party testing is unnecessary to provided no details about other 9. Staff Conclusions Based on TERA provide a high degree of assurance of materials used in the product, including Research compliance. Under 16 CFR part 1107 whether other plastics were present, or section 1107.2, ‘‘a high degree of whether other component parts were With the exception of the catalysts for assurance’’ is defined as ‘‘an evidence- present such as coatings, finishes, inks, polymerization, and certain, specific based demonstration of consistent or adhesives. uses of phthalates in products without performance of a product regarding The Task 12 Report’s detailed consumer product applications, neither compliance based on knowledge of a description of the raw materials and product and its manufacture.’’ manufacturing processes for PP, PE, 12 The highest level recorded by Huber and Franz For a material determination, a high was 200 ppm for one sample of DBP. The other HIPS, and ABS plastics showed that samples’ concentrations ranged from 3.1 to 96.3 degree of assurance of compliance phthalates are not present after these ppm. means that the material will comply

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with the specified chemical limits due to reduce the third party testing burden DIDP, DnOP) in concentrations above to the nature of the material or due to on children’s product certifiers while 0.1 percent, and thus, are not required a processing technique that reduces the continuing to assure compliance. to be third party tested to assure chemical concentration below its limit. compliance with section 108 of the 2. Statutory Authority For materials determined to comply CPSIA. As discussed in section A.2 of with a chemical limit, the material must Section 3 of the CPSIA grants the the preamble, the agency is currently continue to comply with that limit if it Commission general rulemaking involved in rulemaking to determine is used in a children’s product subject authority to issue regulations, as whether to continue the interim to that requirement. A material on necessary, to implement the CPSIA. prohibitions in section 108 and whether which a determination has been made Public Law 110–314, sec. 3, Aug. 14, to prohibit any other children’s cannot be altered or adulterated to 2008. As noted previously, section 14 of products containing any other render it noncompliant and then used in the CPSA, which was amended by the phthalates. TERA’s examination covered a children’s product. CPSIA, requires third party testing for all phthalates that are subject to the Phthalates are not naturally occurring children’s products subject to a current permanent and interim materials, but are intentionally created children’s product safety rule. 15 U.S.C. prohibitions, as well as the additional and used in specific applications (e.g., 2063(a)(2). Section 14(d)(3)(B) of the phthalates the Commission proposed plastics, surface coatings, solvents, inks, CPSA, as amended by Public Law 112– restricting in the phthalates proposed adhesives, and some rubberized 28, gives the Commission the authority rule. If the Commission issues a final materials). One application of to ‘‘prescribe new or revised third party rule in the phthalates rulemaking before phthalates in children’s toys and child testing regulations if it determines that finalizing this determinations care articles is as a plasticizer, or such regulations will reduce third party rulemaking, the Commission would softener for plastic component parts.13 testing costs consistent with assuring modify the determinations proposed The addition of a plasticizer converts an compliance with the applicable rule so that the determinations rule otherwise rigid plastic into a more consumer product safety rules, bans, covers the same phthalates restricted by flexible form, such as in a child’s rubber standards, and regulations.’’ Id. the final phthalates rule. duck or a soft plastic doll. Because 2063(d)(3)(B). These statutory Section 1308.1 of the proposed rule plastics can contain the prohibited provisions authorize the Commission to explains the statutorily-created phthalates, third party testing is issue a rule determining that specified requirements for children’s toys and required before a CPC can be issued for plastics and additives will not exceed child care articles under section 108 of children’s toys and child care articles the phthalates prohibitions of section the CPSIA and the third party testing with accessible plastic component parts. 108 of the CPSIA, and therefore, requirements for children’s products. However, some specific plastics with specified plastics do not require third Section 1308.2(a) of the proposed rule certain additives might not use any of party conformity assessment body would establish the Commission’s the prohibited phthalates as a testing to assure compliance with the determinations that the following plasticizer, or for any other purpose. For phthalates limits in section 108 of the plastics do not exceed the phthalates these specific plastics and CPSIA. content limits with a high degree of accompanying additives, compliance The proposed determinations would assurance as that term is defined in 16 with the requirements of section 108 of relieve the four specified plastics and CFR part 1107: the CPSIA can be assured without accompanying additives from the third • Polypropylene, with any of the requiring third party testing. As a means party testing requirement of section 14 following additives: to reduce the third party testing burden of the CPSA for purposes of supporting Æ the plasticizers polybutenes, on children’s product certifiers while the required certification. However, the dioctyl sebacate, paraffinic oil, isooctyl continuing to ensure compliance, the proposed determinations would not be tallate, mineral plasticizing oils, and CPSC is proposing to make applicable to any other plastic or polyol; determinations that specified plastics additives beyond those listed in the Æ hydrocarbon solvents; with certain additives comply with the proposed rule. Æ catalysts; The proposed determinations would phthalate content requirements of Æ fillers; only relieve the manufacturers’ Æ section 108 of the CPSIA based on nucleating agents; obligation to have the specified plastics Æ evidence indicating that such materials primary and secondary and accompanying additives tested by a will not contain the prohibited antioxidants; CPSC accepted third party conformity Æ phthalates. neutralizing agents; assessment body. Children’s toys and Æ Based on the discussion in section C antistatic agents; child care articles must still comply Æ of this preamble, the Commission slip agents; with the substantive phthalates content Æ proposes to determine that the specified metal deactivators; limits in section 108 of the CPSIA Æ four plastics and accompanying quenchers; regardless of any relief on third party Æ additives would comply with the UV stabilizers; testing requirements. Æ phthalates prohibitions with a high flame retardants; Æ blowing or foaming agents; degree of assurance. These 3. Description of the Proposed Rule Æ antiblocking agents; determinations mean that third party This proposed rule would create a Æ lubricants; or testing for compliance with the new Part 1308 for ‘‘Prohibition of Æ colorants. phthalates prohibitions is not required Children’s Toys and Child Care Articles • Polyethylene, with any of the for certification purposes for the Containing Specified Phthalates: following additives: specified four plastics. The Commission Determinations Regarding Certain Æ the plasticizers glyceryl tribenzoate, proposes to make these determinations Plastics.’’ The proposed rule would polyethylene glycol, sunflower oil, determine that the specified four paraffin wax, paraffin oil, mineral oil, 13 The Merriam-Webster online dictionary defines a plasticizer as ‘‘a chemical added especially to plastics and accompanying additives do glycerin, EPDM rubber, and EVA rubbers and resins to impart flexibility, workability, not contain the statutorily prohibited polymer; or stretchability.’’ phthalates (DEHP, DBP, BBP, DINP, Æ catalysts;

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Æ initiators; Proposed § 1308.2(c) is intended to compliance requirements of the Æ promoters; make clear that if a manufacturer or proposed rule, including an estimate of Æ antistatic agents; importer uses any other plastic or the classes of small entities subject to Æ fillers; additive in a children’s toy or child care the requirements and the types of Æ flame retardants; article not listed in proposed professional skills necessary for the Æ anti-blocking agents; § 1308.1(a), that children’s toy or child preparation of reports or records; and Æ slip agents; care article must be third party tested • an identification, to the extent Æ blowing agents; pursuant to section 14(a)(2) of the CPSA Æ possible, of all relevant federal rules cross-linking agents; and 16 CFR part 1107. Finally, the Æ which may duplicate, overlap, or antioxidants; determinations in proposed § 1308.2(a) Æ conflict with the proposed rule. carbon black; or would only remove the obligation to Æ colorants. 2. Reason for Agency Action and Legal • have children’s toys and child care High-impact polystyrene, with any articles tested by a third party Basis for the Proposed Rule of the following additives: conformity assessment body. Regardless The Commission is proposing this Æ catalysts; of any third party testing relief that the NPR to reduce the burden of third party Æ internal lubricants; proposed rule would provide, the testing on toy and child care article Æ chain transfer/transition agents; Æ manufacturer or importer must still manufacturers, especially the burden on stabilizers; comply with the underlying phthalates Æ diluents; those that are small entities. Based on content prohibitions in section 108 of Æ colorants; an extensive literature review seeking the CPSIA. Æ aluminum chloride, ethyl chloride, information on the raw materials used hydrochloric acid; E. Effective Date in the manufacture of the specified Æ plastics, the worldwide manufacturing iron oxide, potassium oxide, The Administrative Procedure Act chromium oxide; or practices of the plastics, the typical Æ (APA) generally requires that a applications, and the potential for bifunctional peroxides. substantive rule must be published not • Acrylonitrile butadiene styrene, exposure to the specified phthalates less than 30 days before its effective through the use of recycled materials or with any of the following additives: date. 5 U.S.C. 553(d)(1). Because the Æ the plasticizers phosphate esters, due to contamination, the Commission proposed rule would provide relief from long chain fatty acid esters and aromatic concludes that there is a high degree of existing testing requirements under the sulfonamide; assurance that polypropylene, CPSIA, the Commission proposes a 30 Æ hydrocarbon solvents; polyethylene, high impact polystyrene, day effective date for the final rule. Æ stabilizers; and acrylonitrile butadiene styrene with Æ lubricants; F. Regulatory Flexibility Act the accompanying additives in the Æ antioxidants; proposed rule will not contain any of Æ molecular weight regulators; 1. Introduction the prohibited phthalates in Æ initiators/catalysts, The Regulatory Flexibility Act (RFA) concentrations above 0.1 percent when Æ activators; requires that agencies review a proposed used in children’s toys and child care Æ emulsifiers; or rule for the rule’s potential economic articles. Therefore, third party testing is Æ colorants. impact on small entities, including not necessary to assure that children’s Section C.2 of the preamble provides small businesses. Section 603 of the toys and child care articles with a more detailed discussion of the RFA generally requires that agencies accessible component parts made from additives for each of the four plastics prepare an initial regulatory flexibility these plastics and accompanying with the specified additives including analysis (IRFA) and make the analysis additives do not contain the prohibited definitions of the additives and various available to the public for comment phthalates. examples of the types of additives. when the agency is required to publish 3. Small Entities To Which the Proposed Section 1308.2(b) of the proposed rule a notice of proposed rulemaking, unless Rule Would Apply states that accessible component parts of the agency certifies that the NPR will children’s toys and child care articles not have a significant economic impact The proposed rule would apply to made with the specified plastics, and on a substantial number of small small entities that manufacture or specified additives listed in paragraph entities. The IRFA must describe the import children’s toys or child care (a) of that section, are not required to be impact of the proposed rule on small articles that contain accessible third party tested pursuant to section entities and identify any alternatives polyethylene, polypropylene, high 14(a)(2) of the CPSA and 16 CFR part which accomplish the statutory impact polystyrene, or acrylonitrile 1107. Proposed § 1308.2(b) is included objectives and may reduce the butadiene styrene and any in the rule to make clear that when the significant economic impact of the accompanying additives in component listed plastics and accompanying proposed rule on small entities. parts. Toy manufacturers are classified additives are used in children’s toys and Specifically, the IRFA must contain: in North American Industry child care articles, manufacturers and • A description of the reasons why Classification System (NAICS) category importers are not required to conduct action by the agency is being 33993 (‘‘Doll, Toy, and Game the third party testing required in considered; Manufacturing’’). According to the U.S. section 14(a)(2) of the CPSA and 16 CFR • a succinct statement of the Bureau of the Census, in 2012 there part 1107. Section 1308.2(c) of the objectives of, and legal basis for, the were 559 toy manufacturers in the proposed rule states that accessible proposed rule; United States, of which 552 had fewer component parts of children’s toys and • a description of, and where feasible, than 500 employees and would be child care articles made with a plastic an estimate of the number of small considered small entities according to or additives not listed in paragraph (a) entities to which the proposed rule will the Small Business Administration of this section are required to be third apply; (SBA) criteria.14 Of the small party tested pursuant to section 14(a)(2) • a description of the projected of the CPSA and 16 CFR part 1107. reporting, recordkeeping, and other 14 2012 County Business Patterns.

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manufacturers, 326 had fewer than five firms classified in this NAICS code of prohibition level. As a result of the employees. which 573 are considered to be small.17 proposed determinations, Toy importers may be either However, this NAICS category includes manufacturers, importers, and private wholesale merchants or retailers. The many other products and most of these labelers of children’s toys and child care proposed rule would not apply to toy firms probably do not manufacture child articles that have accessible components wholesalers or retailers if they obtain care articles. that consist of these plastics and any their merchandise from domestic Although, as discussed above, the accompanying additives will not have to manufacturers or importers. Toy number of small companies that supply obtain third party tests to certify that the wholesalers are classified in NAICS children’s toys or child care articles to accessible components do not contain category 42392 (‘‘Toy and Hobby Goods the U.S. market might be close to the prohibited phthalates in and Supplies Merchant Wholesalers’’). 10,000, the number that actually supply concentrations above 0.1 percent. According to the U.S. Bureau of the products with accessible polyethylene, The proposed rule would not impose Census, there were 2,096 firms in this polypropylene, high impact any additional reporting, recordkeeping, category.15 Of these, 2,021 had fewer polystyrene, or acrylonitrile, butadiene or other compliance requirements on than 100 employees and would be styrene component parts is not known. small entities. In fact, because the considered small businesses according Also not known is the number of proposed rule would eliminate a testing to SBA criteria. Toy retailers are children’s toys and child care articles requirement, there would be a small classified in NAICS category 45112 that contain these plastics. To develop reduction in some of the recordkeeping (‘‘Hobby, Toy, and Game Stores’’). There comprehensive estimates of the number burden under 16 CFR part 1107 and 16 could be about 5,800 toy retailers that of products that contain these plastics CFR part 1109 because manufacturers would meet the SBA criteria to be and the number of firms that supply the would no longer have to maintain 16 considered a small entity. The number products it would probably be necessary records of third party phthalate tests for of these small toy retailers that import to survey a representative sample of toy the component parts manufactured from toys, as opposed to obtaining their and child care article suppliers to solicit these four plastics. product from domestic sources is not information on their use of the four A determination that specified known. plastics or to collect a representative plastics with accompanying additives The phthalate regulations also apply sample of children’s toys and child care used in children’s toys and child care to manufacturers and importers of child articles and analyze the accessible articles do not require third party testing care articles. Child care articles include components to determine which ones is expected to be entirely beneficial to many types of products for which the contained one or more of the four manufacturers and importers using CPSC has recently promulgated or plastics. those plastics in accessible component proposed new or amended mandatory Although comprehensive estimates of parts because manufacturers and safety standards. These include toddler the number of children’s toys and child importers could forego testing they beds, full size and non-full size cribs, care articles that contain components otherwise would be required to conduct. bassinets and cradles, bedside sleepers, made from the four plastics are not However, staff believes the magnitude of high chairs, hook-on-chairs, and booster available, there is some evidence that that benefit is uncertain and could seats. Other child care articles include these plastics are extensively used in depend on factors such as: sleepwear, and crib or cradle bumpers. children’s toys. One source stated that • The extent to which manufacturers In its ongoing market research, CPSC polypropylene and high density have already reduced their testing costs staff has identified 364 suppliers of polyethylene are used in 38 and 25 by using component part testing (as these products that would be considered percent, respectively, of injection allowed in 16 CFR part 1109); small according to criteria established molded toys. Low density polyethylene • by the SBA. Additionally, there could and acrylonitrile butadiene styrene, are the volume of children’s toys and be other child care articles, not listed each used in less than 10 percent of the child care articles that contain PE, PP, above, for which CPSC has not yet HIPS, or ABS; injection molded toys. Polystyrene may • developed a mandatory or proposed also be used in injection molded toys, whether importers who certify standard, but which nevertheless are but the source does not specify the children’s products are unsure what covered by the phthalate requirements. proportion that is high impact plastics are being used in the toys and Child care articles would also include polystyrene.18 The Commission requests child care articles they import, so they products such as teethers (if they are not comments to better determine the could not take advantage of the medical devices), pacifiers, and bottle impact the proposed determinations determinations without additional nipples. Manufacturers of these would have on small entities. testing to assure that a component part products are classified in NAICS is composed of one of the four plastics. category 326299 (‘‘All other rubber 4. Reporting, Recordkeeping, and Other The Commission welcomes comments product manufacturing’’). There are 617 Compliance Requirements and Impact on the potential impact of the proposed on Small Businesses rule on small entities. Comments are 15 2012 County Business Patterns. The proposed rule would determine especially welcome on the following 16 The SBA considers a toy retailer (NAICS 45112) that there is a high degree of assurance topics: to be a small entity if its annual sales are less than • The extent to which PP, PE, HIPS, $27.5 million. According to the U.S. Bureau of the that four specific plastics with any of Census, in 2007, the average receipts for toy the accompanying additives will not or ABS are used in children’s toys and manufacturers with more than 500 employees was contain any prohibited phthalates at child care articles, especially those almost $500 million. The average receipts for the concentrations above 0.1 percent manufactured or imported by small next largest category for which summary data was firms; published, toy retailers with at least 100 but fewer • than 500 employees were about $12 million. There 17 U.S. Bureau of the Census, ‘‘Number of Firms, The potential reduction in third were 5,864 firms in this NAICS category, of which Number of Establishments, Employment, and party testing costs that might be 5,839 had fewer than 500 employees. (U.S. Census Annual Payroll by Enterprise Employment Size for provided by the Commission making the the United States, All Industries: 2011,’’ 2011 Bureau, Number of Firms, Number of determinations, including the extent to Establishments, Employment, Annual Payroll, and County Business Patterns. Estimated Receipts by Enterprise Employment Size 18 Donald V. Rosato, Plastics End Use which component part testing is already for the United States, All Industries: 2007.) Applications, Springer, New York, (2011). being used;

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• Any situations or conditions in the 1308.1 Prohibited children’s toys and child (ii) Initiators; proposed rule that would make it care articles containing specified (iii) Promoters; phthalates and testing requirements. difficult to make use of the (iv) Catalysts; determinations to reduce third party 1308.2 Determinations for specified plastics. (v) Fillers; testing costs; and • Although the Commission expects Authority: Sec. 3, Pub. L. 110–314, 122 (vi) Antistatic agents; that the impact of the proposed rule will Stat. 3016; 15 U.S.C. 2063(d)(3)(B). (vii) Flame retardants; be entirely beneficial, any potential § 1308.1 Prohibited children’s toys and (viii) Anti-blocking agents; negative impacts of the proposed rule. child care articles containing specified (ix) Slip agents; 5. Other Federal Rules phthalates and testing requirements. (x) Blowing agents; Section 108(a) of the Consumer (xi) Ccross-linking agents; We have not identified any Federal Product Safety Improvement Act of (xii) Antioxidants; rules that duplicate or conflict with the 2008 (CPSIA) permanently prohibits any (xiii) Carbon black; or proposed rule. children’s toy or child care article that (xiv) Colorants. 6. Alternatives Considered To Reduce contains concentrations of more than the Burden on Small Entities 0.1 percent of di-(2-ethylhexl) phthalate (3) High-impact polystyrene (HIPS), (DEHP), dibutyl phthalate (DBP), or with any of the following additives: Under section 603(c) of the RFA, an benzyl butyl phthalate (BBP). Section (i) Catalysts; initial regulatory flexibility analysis 108(b)(1) of the CPSIA prohibits on an should ‘‘contain a description of any (ii) Internal lubricants; interim basis any children’s toy that can significant alternatives to the proposed (iii) Chain transfer/transition agents; be placed in a child’s mouth or child rule which accomplish the stated (iv) Stabilizers; care article that contains concentrations objectives of the applicable statutes and of more than 0.1 percent of diisononyl (v) Diluents; which minimize any significant impact phthalate (DINP), diisodecyl phthalate (vi) Colorants; of the proposed rule on small entities.’’ (DIDP), or di-n-octyl phthalate (DnOP). (vii) Aluminum chloride, ethyl Because the proposed rule is intended Materials used in children’s toys and chloride, hydrochloric acid; to reduce the cost of third party testing child care articles subject to section on small businesses and will not impose (viii) Iron oxide, potassium oxide, 108(a) and (b)(1) of the CPSIA must any additional burden, the Commission chromium oxide; or comply with the third party testing did not consider alternatives to the (ix) Bifunctional peroxides. requirements of section 14(a)(2) of the proposed rule that would reduce the (4) Acrylonitrile butadiene styrene Consumer Product Safety Act (CPSA), burden of this rule on small businesses. (ABS), with any of the following unless listed in § 1308.2. additives: G. Environmental Considerations § 1308.2 Determinations for specified (i) The plasticizers phosphate esters, The Commission’s regulations plastics. long chain fatty acid esters and aromatic provide a categorical exclusion for (a) The following plastics do not sulfonamide; Commission rules from any requirement exceed the phthalates content limits (ii) Hydrocarbon solvents to prepare an environmental assessment with a high degree of assurance as that (iii) Stabilizers; or an environmental impact statement term is defined in 16 CFR part 1107: (iv) Lubricants; because they ‘‘have little or no potential (1) Polypropylene (PP), with any of for affecting the human environment.’’ the following additives: (v) Antioxidants; 16 CFR 1021.5(c)(2). This rule falls (i) The plasticizers polybutenes, (vi) Molecular weight regulators; within the categorical exclusion, so no dioctyl sebacate, paraffinic oil, isooctyl (vii) Initiators/catalysts, environmental assessment or tallate, mineral plasticizing oils, and (viii) Activators; environmental impact statement is polyol; (ix) Emulsifiers; or required. The Commission’s regulations (ii) Hydrocarbon solvents; (x) Colorants. state that safety standards for products (iii) Catalysts; normally have little or no potential for (iv) Fillers; (b) Accessible component parts of affecting the human environment. 16 (v) Primary and secondary children’s toys and child care articles CFR 1021.5(c)(1). Nothing in this rule antioxidants; made with the specified plastics, and alters that expectation. (vi) Neutralizing agents; specified additives, listed in paragraph (vii) Antistatic agents; (a) of this section are not required to be List of Subjects in 16 CFR Part 1308 (viii) Slip agents; third party tested pursuant to section Business and industry, Consumer (ix) Metal deactivators; 14(a)(2) of the CPSA and 16 CFR part protection, Imports, Infants and (x) Quenchers; 1107. children, Product testing and (xi) UV stabilizers; (c) Accessible component parts of certification, Toys. (xii) Nucleating agents; children’s toys and child care articles ■ Accordingly, the Commission (xiii) Flame retardants; made with a plastic or additives not proposes to amend Title 16 of the Code (xiv) Blowing or foaming agents; listed in paragraph (a) of this section are (xv) Antiblocking agents; of Federal Regulations by adding part required to be third party tested (xvi) Lubricants; or 1308 to read as follows: pursuant to section 14(a)(2) of the CPSA (xvii) Colorants. and 16 CFR part 1107. (2) Polyethylene (PE), with any of the PART 1308—PROHIBITION OF Dated: August 11, 2016. CHILDREN’S TOYS AND CHILD CARE following additives: Todd A. Stevenson, ARTICLES CONTAINING SPECIFIED (i) The plasticizers glyceryl PHTHALATES: DETERMINATIONS tribenzoate, polyethylene glycol, Secretary, Consumer Product Safety Commission. REGARDING CERTAIN PLASTICS sunflower oil, paraffin wax, paraffin oil, mineral oil, glycerin, EPDM rubber, and [FR Doc. 2016–19464 Filed 8–16–16; 8:45 am] Sec. EVA polymer; BILLING CODE 6355–01–P

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