Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Rules and Regulations 41163 or lacking a principal inspector, the manager (5) You may view this service information certify that the product complies with of the local flight standards district office/ that is incorporated by reference at the all applicable CPSC-enforced certificate holding district office. National Archives and Records requirements. 15 U.S.C. 2063(a). For (3) An AMOC that provides an acceptable Administration (NARA). For information on level of safety may be used for any repair, the availability of this material at NARA, call children’s products, certification must modification, or alteration required by this 202–741–6030, or go to: http:// be based on testing conducted by a AD if it is approved by the Boeing www.archives.gov/federal-register/cfr/ibr- CPSC-accepted third party conformity Commercial Airplanes Organization locations.html. assessment body. Id. Public Law 112–28 Designation Authorization (ODA) that has Issued in Renton, Washington, on August (August 12, 2011) amended the CPSA been authorized by the Manager, Los Angeles 17, 2017. and directed the CPSC to seek comment ACO Branch, to make those findings. To be on ‘‘opportunities to reduce the cost of approved, the repair method, modification Jeffrey E. Duven, deviation, or alteration deviation must meet Director, System Oversight Division, Aircraft third party testing requirements the certification basis of the airplane, and the Certification Service. consistent with assuring compliance approval must specifically refer to this AD. [FR Doc. 2017–18165 Filed 8–29–17; 8:45 am] with any applicable consumer product (4) Except as required by paragraph (h) of BILLING CODE 4910–13–P safety rule, ban, standard, or this AD: For service information that regulation.’’ Public Law 112–28 also contains steps that are labeled as Required authorized the Commission to issue new for Compliance (RC), the provisions of paragraphs (k)(4)(i) and (k)(4)(ii) of this AD CONSUMER PRODUCT SAFETY or revised third party testing regulations apply. COMMISSION if the Commission determines ‘‘that (i) The steps labeled as RC, including such regulations will reduce third party substeps under an RC step and any figures 16 CFR Part 1308 testing costs consistent with assuring identified in an RC step, must be done to [Docket No. CPSC–2016–0017] compliance with the applicable comply with the AD. If a step or substep is consumer product safety rules, bans, labeled ‘‘RC Exempt,’’ then the RC Prohibition of Children’s Toys and requirement is removed from that step or standards, and regulations.’’ 15 U.S.C. substep. An AMOC is required for any Child Care Articles Containing 2063(d)(3)(B). Specified Phthalates: Determinations deviations to RC steps, including substeps 2. Prohibitions in Section 108 of the and identified figures. Regarding Certain Plastics (ii) Steps not labeled as RC may be CPSIA AGENCY: U.S. Consumer Product Safety deviated from using accepted methods in Section 108(a) of the CPSIA accordance with the operator’s maintenance Commission. or inspection program without obtaining ACTION: Final rule. permanently prohibits the manufacture approval of an AMOC, provided the RC steps, for sale, offer for sale, distribution in including substeps and identified figures, can SUMMARY: The Consumer Product Safety commerce, or importation into the still be done as specified, and the airplane Commission (Commission, or CPSC) is United States of any ‘‘children’s toy or can be put back in an airworthy condition. issuing a final rule that determines that child care article’’ that contains (l) Related Information certain plastics with specified additives concentrations of more than 0.1 percent would not contain the specified (1) For more information about this AD, of di(2-ethylhexyl) phthalate (DEHP), contact George Garrido, Aerospace Engineer, phthalates prohibited in children’s toys dibutyl phthalate (DBP), or butyl benzyl Airframe Section, FAA, Los Angeles ACO and child care articles. Based on these phthalate (BBP). 15 U.S.C. 2057c(a). Branch, 3960 Paramount Boulevard, determinations, the specified plastics Section 108(b)(1) prohibits on an Lakewood, CA 90712–4137; phone: 562–627– with specified additives will not require interim basis (i.e., until the Commission 5232; fax: 562–627–5210; email: third party testing for compliance with promulgates a final rule), the [email protected]. the mandatory prohibitions on manufacture for sale, offer for sale, (2) Service information identified in this children’s toys and child care articles distribution in commerce, or AD that is not incorporated by reference is containing phthalates. available at the addresses specified in importation into the United States of DATES: paragraphs (m)(3) and (m)(4) of this AD. The rule is effective on ‘‘any children’s toy that can be placed September 29, 2017. (m) Material Incorporated by Reference in a child’s mouth’’ or ‘‘child care FOR FURTHER INFORMATION CONTACT: John article’’ containing concentrations of (1) The Director of the Federal Register W. Boja, Lead Compliance Officer, approved the incorporation by reference more than 0.1 percent of diisononyl Regulatory Enforcement, Office of phthalate (DINP), diisodecyl phthalate (IBR) of the service information listed in this Compliance and Field Operations, paragraph under 5 U.S.C. 552(a) and 1 CFR (DIDP), or di-n-octyl phthalate (DNOP). Consumer Product Safety Commission, part 51. 15 U.S.C. 2057c(b)(1). Children’s toys 4330 East West Highway Bethesda, MD (2) You must use this service information and child care articles subject to the 20814–4408; telephone: 301–504–7300; as applicable to do the actions required by content limits in section 108 of the this AD, unless the AD specifies otherwise. email: [email protected]. CPSIA require third party testing for (i) Boeing Alert Service Bulletin MD80– SUPPLEMENTARY INFORMATION: 53A316, dated December 15, 2016. compliance with the phthalate content (ii) Reserved. A. Background limits before the manufacturer can issue (3) For service information identified in a Children’s Product Certificate (CPC) this AD, contact Boeing Commercial 1. Third Party Testing and Burden Reduction and enter the children’s toys or child Airplanes, Attention: Contractual & Data care articles into commerce. Services (C&DS), 2600 Westminster Blvd., Section 14(a) of the Consumer MC 110–SK57, Seal Beach, CA 90740–5600; Product Safety Act, (CPSA), as amended The CPSIA required the Commission telephone 562–797–1717; Internet https:// by the Consumer Product Safety to appoint a Chronic Hazard Advisory www.myboeingfleet.com. Panel (CHAP) to ‘‘study the effects on (4) You may view this service information Improvement Act of 2008 (CPSIA), requires that manufacturers of products children’s health of all phthalates and at the FAA, Transport Standards Branch, phthalate alternatives as used in 1601 Lind Avenue SW., Renton, WA. For subject to a consumer product safety information on the availability of this rule or similar rule, ban, standard, or children’s toys and child care articles.’’ material at the FAA, call 425–227–1221. regulation enforced by the CPSC, must 15 U.S.C. 2057c(b)(2). The CHAP issued VerDate Sep<11>2014 13:47 Aug 29, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\30AUR1.SGM 30AUR1 41164 Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Rules and Regulations its report in July 2014.1 Based on the C. Comments on the NPR suggested changes to the Task 12 report CHAP report, the Commission CPSC received 11 comments on the have no bearing on the rule, and as published a notice of proposed NPR. Below, we summarize the key such, no changes to the preamble to the 2 rulemaking (NPR), proposing to issues raised by the comments and rule are necessary. Comment 3: A commenter suggests permanently prohibit children’s toys provide responses. and child care articles containing that the CPSC should list all the concentrations of more than 0.1 percent 1. General and Technical Comments different types of plastics that qualify of DINP, and proposing to lift the Some commenters express support for for a determination by their Chemical interim statutory prohibitions with the proposed rule as a means to reduce Abstracts Service Registry Number respect to DIDP and DnOP. In addition, third party testing costs. (CASRN) because the lack of this type the NPR proposed adding four new Comment 1: A commenter asserts that of helpful guidance may lead to uncertainty and confusion over which phthalates, DIBP, DPENP, DHEXP, and the proposed rule erroneously listed a plastics qualify for a determination. The DCHP, to the list of phthalates that catalyst as an additive. The commenter commenter adds that many plastics cannot exceed 0.1 percent concentration notes that a catalyst is not an additive have different types, not all of which in accessible component parts of and should not have been listed as such may qualify for a determination that children’s toys and child care articles. in the proposed rule. third party testing is not required. The Commission has not finalized its Response 1: The commenter is correct Response 3: The Task 11 and Task 12 proposal on phthalates in children’s that a catalyst is not an additive, but reports used both specific CASRNs and toys and child care articles. As the rather, is used to accelerate chemical common chemical names (e.g., determinations NPR noted, the research reactions, and therefore, is not intended polyethylene, polypropylene, HIPS, and providing the basis for the to be an additive that provides a feature ABS). Therefore, CPSC considers that a determinations covers the six phthalates (e.g., color, flame resistance) to a plastic. CASRN or a common chemical name is subject to the statutory prohibition, as However, plastic manufacturing acceptable for use as a plastic identifier well as the additional phthalates the processes can leave small amounts of because the contractor’s research Commission proposed to prohibit in catalyst in the resultant resin.