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Federal Register/Vol. 79, No. 249/Tuesday, December 30, 2014

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Federal Register/Vol. 79, No. 249/Tuesday, December 30, 2014 78324 Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Proposed Rules Publication 100,’’ guidelines published (3) Knowing submission of false or eRulemaking Portal at: http:// by NTIS and available at https:// misleading information concerning a www.regulations.gov. Follow the dmf.ntis.gov. Such attestation must be material fact(s) in an attestation or instructions for submitting comments. based on the Accredited Certification assessment report by an Accredited The Commission does not accept Body’s review or assessment conducted Certification Body of a Person or comments submitted by electronic mail no more than three years prior to the Certified Person; (email), except through date of submission of the Person’s or (4) Failure of an Accredited www.regulations.gov. The Commission Certified Person’s completed Certification Body to cooperate in encourages you to submit electronic certification statement, and, if an audit response to a request from NTIS verify comments by using the Federal of a Certified Person by an Accredited the accuracy, veracity, and/or eRulemaking Portal, as described above. Certification Body is required by NTIS, completeness of information received in Written Submissions: Submit written no more than three years prior to the connection with an attestation under submissions in the following way: Mail/ date upon which NTIS notifies the § 1110.502 or an attestation or Hand delivery/Courier, preferably in Certified Person of NTIS’s requirement assessment report by that Body of a five copies, to: Office of the Secretary, for audit, but such review or assessment Person or Certified Person. An Consumer Product Safety Commission, or audit need not have been conducted Accredited Certification Body ‘‘fails to Room 820, 4330 East West Highway, specifically or solely for the purpose of cooperate’’ when it does not respond to Bethesda, MD 20814; telephone (301) submission under this part. NTIS inquiries or requests, or it 504–7923. (c) Where review or assessment or responds in a manner that is Instructions: All submissions received audit by an Accredited Certification unresponsive, evasive, deceptive, or must include the agency name and Body was not conducted specifically or substantially incomplete; or docket number for this proposed solely for the purpose of submission (5) Where NTIS is unable for any rulemaking. All comments received may reason to verify the accuracy of the under this part, the written attestation be posted without change, including Accredited Certification Body’s or assessment report (if an audit) shall any personal identifiers, contact attestation. describe the nature of that review or information, or other personal assessment or audit, and the Accredited [FR Doc. 2014–30199 Filed 12–29–14; 8:45 am] information provided, to: http:// Certification Body shall attest that on BILLING CODE 3510–04–P www.regulations.gov. Do not submit the basis of such review or assessment confidential business information, trade or audit, the Person or Certified Person secret information, or other sensitive or has systems, facilities, and procedures CONSUMER PRODUCT SAFETY protected information that you do not in place as required under COMMISSION want to be available to the public. If § 1110.102(a)(2). In so attesting, an furnished at all, such information Accredited Certification Body may 16 CFR Part 1307 should be submitted in writing. reference ‘‘Limited Access Death Master [Docket No. CPSC–2014–0033] Docket: For access to the docket to File (LADMF) Certification Program read background documents or Publication 100,’’ guidelines published Prohibition of Children’s Toys and comments received, go to: http:// by NTIS and available at https:// Child Care Articles Containing www.regulations.gov, and insert the dmf.ntis.gov. Specified Phthalates docket number, CPSC–2014–0033, into (d) Notwithstanding paragraphs (a) the ‘‘Search’’ box, and follow the AGENCY: Consumer Product Safety prompts. through (c) of this section, NTIS may, in Commission. FOR FURTHER INFORMATION CONTACT: its sole discretion, require that review or ACTION: Notice of Proposed Rulemaking. Kent assessment or audit by an Accredited R. Carlson, Ph.D., Toxicologist, Division Certification Body be conducted SUMMARY: Section 108 of the Consumer of Toxicology & Risk Assessment, specifically or solely for the purpose of Product Safety Improvement Act of Directorate for Health Sciences, U.S. submission under this part. 2008 (CPSIA), requires the United States Consumer Product Safety Commission, Consumer Product Safety Commission 5 Research Place, Rockville, MD 20850– § 1110.503 Acceptance of accredited (Commission or CPSC) to convene a 3213; email: [email protected]. certification bodies. Chronic Hazard Advisory Panel (CHAP) SUPPLEMENTARY INFORMATION: (a) NTIS will accept written to study the effects on children’s health attestations and assessment reports from of all phthalates and phthalate I. Background an Accredited Certification Body that alternatives as used in children’s toys A. Consumer Product Safety attests, to the satisfaction of NTIS, as and child care articles and to provide Improvement Act provided in § 1110.502. recommendations to the Commission (b) NTIS may decline to accept regarding whether any phthalates or 1. Statutory Prohibitions written attestations or assessment phthalate alternatives other than those Section 108 of the CPSIA establishes reports from an Accredited Certification already permanently prohibited should requirements concerning phthalates. Body, whether or not it has attested as be prohibited. The CPSIA requires the The term ‘‘phthalates’’ generally refers provided in § 1110.502, for any of the Commission to promulgate a final rule to ortho-phthalate diesters (phthalate following reasons: after receiving the final CHAP report. esters, phthalates), which are a class of (1) When it is in the public interest The Commission is proposing this rule organic compounds used primarily as under Section 203 of the Bipartisan pursuant to section 108(b) of the CPSIA. plasticizers for polyvinyl chloride Budget Act of 2013, and DATES: Submit comments by March 16, (PVC). Phthalates also are used as notwithstanding any other provision of 2015. solvents and stabilizers for fragrances. this part; ADDRESSES: You may submit comments, Phthalates have been used in teethers, (2) Submission of false or misleading identified by Docket No. CPSC–2014– plastic toys, home furnishings, air information concerning a material 0033, by any of the following methods: fresheners, automobile interiors, fact(s) in an Accredited Certification Electronic Submissions: Submit cosmetics, medications, medical Body’s attestation under § 1110.502; electronic comments to the Federal devices, and many other products. VerDate Sep<11>2014 17:03 Dec 29, 2014 Jkt 235001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\30DEP1.SGM 30DEP1 tkelley on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Proposed Rules 78325 Phthalates are also found in food, list of nominees nominated by the • consider possible similar health indoor air, outdoor air, household dust, president of the National Academy of effects of phthalate alternatives used in soil, and other environmental media. Sciences (NAS). CHAP members must children’s toys and child care articles. Section 108(a) of the CPSIA ‘‘have demonstrated the ability to CPSIA section 108(b)(2)(B). The permanently prohibits the manufacture critically assess chronic hazards and CHAP’s examinations must be for sale, offer for sale, distribution in risks to human health presented by the conducted de novo, and the findings commerce, or importation into the exposure of humans to toxic substances and conclusions of any previous CHAP United States of any ‘‘children’s toy or or as demonstrated by the exposure of on this issue and other studies child care article’’ that contains animals to such substances.’’ 15 U.S.C. conducted by the Commission must be concentrations of more than 0.1 percent 2077(b)(2). Additionally, CHAP reviewed by the CHAP but are not to be of di(2-ethylhexyl) phthalate (DEHP), members must not receive considered determinative. Id. dibutyl phthalate (DBP), or butyl benzyl compensation from, or have any phthalate (BBP). Section 108(b)(1) of the substantial financial interest in, any Section 108(b)(2)(C) of the CPSIA CPSIA prohibits on an interim basis manufacturer, distributor, or retailer of requires the CHAP to complete its (i.e., until the Commission promulgates a consumer product. Id. at 15 U.S.C. examination and final report within 2 a final rule), the manufacture for sale, 2077(b)(1). Members of the CHAP may years of the CHAP’s appointment. In the offer for sale, distribution in commerce, not be employed by the federal final report, the CHAP is required to or importation into the United States of government, except the National recommend to the Commission whether ‘‘any children’s toy that can be placed Institutes of Health, the National any ‘‘phthalates (or combinations of in a child’s mouth’’ or ‘‘child care Toxicology Program, or the National phthalates)’’ in addition to those article’’ containing concentrations of Center for Toxicological Research. Id. permanently prohibited, including the more than 0.1 percent of diisononyl Section 108(b)(2) directs the CHAP to phthalates covered by the interim phthalate (DINP), diisodecyl phthalate recommend to the Commission whether prohibition or phthalate alternatives, (DIDP), or di-n-octyl phthalate (DNOP). any phthalates
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