[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 28983-28992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13392]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1252
[Docket No. CPSC-2017-0038]
Children's Products, Children's Toys, and Child Care Articles:
Determinations Regarding Lead, ASTM F963 Elements, and Phthalates for
Engineered Wood Products
AGENCY: U.S. Consumer Product Safety Commission.
ACTION: Final rule.
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SUMMARY: The Consumer Product Safety Commission (CPSC) is issuing a
final rule determining that certain untreated and unfinished engineered
wood products (EWPs), specifically, particleboard, hardwood plywood,
and medium-density fiberboard, made from virgin wood or pre-consumer
wood waste do not contain lead, the ASTM F963 elements, or specified
phthalates that exceed the limits set forth under the CPSC's statutes
for children's products, children's toys, and child care articles.
Based on these determinations, the specified EWPs would not be required
to have third party testing for compliance with the requirements for
lead, ASTM F963 elements, or phthalates for children's products,
children's toys, and child care articles.
DATES: The rule is effective on July 23, 2018.
FOR FURTHER INFORMATION CONTACT: Stephen Lee, Office of Compliance,
U.S. Consumer Product Safety Commission, 4330 East West Hwy., Bethesda,
MD 20814; 301-504-7844: email: [email protected].
SUPPLEMENTARY INFORMATION:
A. Background
1. Third Party Testing and Burden Reduction
Section 14(a) of the Consumer Product Safety Act (CPSA), as amended
by the Consumer Product Safety Improvement Act of 2008 (CPSIA),
requires that manufacturers of products subject to a consumer product
safety rule or similar rule, ban, standard, or regulation enforced by
the CPSC, must certify that the product complies with all applicable
CPSC-enforced requirements. 15 U.S.C. 2063(a). For children's products,
children's toys, and child care articles, certification must be based
on testing conducted by a CPSC-accepted third party conformity
assessment body (laboratory). Id. Public Law 112-28 (August 12, 2011)
directed the CPSC to seek comment on ``opportunities to reduce the cost
of third party testing requirements consistent with assuring compliance
with any applicable consumer product safety rule, ban, standard, or
regulation.'' Public Law 112-28 also authorized the Commission to issue
new or revised third party testing regulations if the Commission
determines ``that such regulations will reduce third party testing
costs consistent with assuring compliance with the applicable consumer
product safety rules, bans, standards, and regulations.'' Id.
2063(d)(3)(B).
2. CPSC's Lead Standard
Section 101 of the CPSIA has two requirements associated with lead
in children's products. 15 U.S.C. 1278a. First, no accessible part of a
children's product may contain more than 100 parts per million (ppm)
lead content. Second, paint or other surface coatings on children's
products and furniture intended for consumer use may not contain lead
in concentrations greater than 90 ppm. Manufacturers of children's
products must certify, based on third party testing, that their
[[Page 28984]]
products comply with all relevant children's product safety rules.
Thus, products subject to the lead content or paint/surface coating
limits require passing test results from a CPSC-accepted third party
laboratory for the manufacturer to issue a children's product
certificate (CPC), before the products can be entered into commerce.
To alleviate some of the third party testing burdens associated
with lead in the accessible component parts of children's products, the
Commission determined that certain materials, including gemstones,
precious metals, wood, paper, CMYK process printing inks, textiles, and
specified stainless steel, do not exceed the 100 ppm lead content limit
under section 101 of the CPSIA. Based on this determination, these
materials do not require third party testing for the lead content
limits. The determinations regarding lead content for certain materials
are set forth in 16 CFR 1500.91.
3. ASTM F963 Elements
Section 106 of the CPSIA provides that the provisions of ASTM
International Consumer Safety Specifications for Toy Safety (ASTM F963)
shall be considered to be consumer product safety standards issued by
the Commission.\1\ 15 U.S.C. 2056b. The Commission has issued a rule
that incorporates by reference the relevant provisions of ASTM F963.\2\
16 CFR part 1250. Thus, children's toys subject to ASTM F963 must be
tested by a CPSC-accepted third party laboratory and demonstrate
compliance with all applicable CPSC requirements for the manufacturer
to issue a CPC before the children's toys can be entered into
commerce.\3\
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\1\ ASTM F963 is a consumer product safety standard, except for
section 4.2 and Annex 4, or any provision that restates or
incorporates an existing mandatory standard or ban promulgated by
the Commission or by statute.
\2\ The current version of ASTM F963 is ASTM F963-17. The test
method for the ASTM F963 elements allows the use of High-Definition
X-Ray Fluorescence Spectroscopy (HDXRF) for total element screening.
See section 8.3.1.4 of ASTM F963-17.
\3\ A ``children's toy'' is defined in section 1.3 of ASTM F963-
17 as any object designed, manufactured, or marketed as a plaything
for children under 14 years of age. However, the term ``children's
toy'' is defined in section 108(e)(1)(B) of the CPSIA as a consumer
product designed or intended by the manufacturer for a child 12
years of age or younger for use by the child when the child plays.
Only toys intended for a child 12 years of age or younger are
subject to certification requirements.
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Section 4.3.5 of ASTM F963 requires that surface coating materials
and accessible substrates of children's toys that can be sucked,
mouthed, or ingested \4\ must comply with the solubility limits of
eight elements listed in Table 1 of the toy standard. The materials and
their solubility limits are shown in Table 1. We refer to these eight
elements as ``ASTM F963 elements.''
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\4\ ASTM F963 contains the following note regarding the scope of
the solubility requirement: NOTE 4--For the purposes of this
requirement, the following criteria are considered reasonably
appropriate for the classification of children's toys or parts
likely to be sucked, mouthed or ingested: (1) All toy parts intended
to be mouthed or contact food or drink, components of children's
toys which are cosmetics, and components of writing instruments
categorized as children's toys; (2) Children's toys intended for
children less than 6 years of age, that is, all accessible parts and
components where there is a probability that those parts and
components may come into contact with the mouth.
Table 1--Maximum Soluble Migrated Element in ppm (mg/kg) for Surface
Coatings and Substrates Included as Part of a Toy
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Solubility
Elements limit (ppm)
\5\
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Antimony (Sb).............................................. 60
Arsenic (As)............................................... 25
Barium (Ba)................................................ 1000
Cadmium (Cd)............................................... 75
Chromium (Cr).............................................. 60
Lead (Pb).................................................. 90
Mercury (Hg)............................................... 60
Selenium (Se).............................................. 500
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The third party testing burden could be reduced only if all
elements listed in section 4.3.5 have concentrations below their
solubility limits. Because third party laboratories typically run one
test for all of the ASTM F963 elements, no testing burden reduction
would be achieved if any one of the elements requires testing.
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\5\ The method to assess the solubility of a listed element is
detailed in section 8.3.2, Method to Dissolve Soluble Matter for
Surface Coatings, of ASTM F963. Modeling clays included as part of a
toy have different solubility limits for several of the elements.
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To alleviate some of the third party testing burdens associated
with the ASTM F963 elements in the accessible component parts of
children's toys, the Commission determined that certain unfinished and
untreated trunk wood does not contain ASTM F963 elements that would
exceed the limits specified in section 106 of the CPSIA. Based on this
determination, unfinished and untreated trunk wood would not require
third party testing for the ASTM F963 elements. The determinations
regarding the ASTM F963 elements limits for certain materials is set
forth in 16 CFR 1251.2.
4. Phthalates
Section 108(a) of the CPSIA permanently prohibits the manufacture
for sale, offer for sale, distribution in commerce, or importation into
the United States of any ``children's toy or child care article'' that
contains concentrations of more than 0.1 percent of di-(2-ethylhexyl)
phthalate (DEHP), dibutyl phthalate (DBP), or butyl benzyl phthalate
(BBP). 15 U.S.C. 2057c(a). The CPSIA required the Commission to appoint
a Chronic Hazard Advisory Panel (CHAP) to ``study the effects on
children's health of all phthalates and phthalate alternatives as used
in children's toys and child care articles.'' 15 U.S.C. 2057c(b)(2).
The CHAP issued its report in July 2014.\6\ On October 27, 2017, the
Commission published a final rule in the Federal Register,
``Prohibition of Children's Toys and Child Care Articles Containing
Specified Phthalates,'' 82 FR 49938, prohibiting children's toys and
child care articles containing concentrations greater than 0.1 percent
of:
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\6\ http://www.cpsc.gov/PageFiles/169902/CHAP-REPORT-With-Appendices.pdf.
di-(2-ethylhexyl) phthalate (DEHP);
dibutyl phthalate (DBP);
benzyl butyl phthalate (BBP);
diisononyl phthalate (DINP);
diisobutyl phthalate (DIBP);
di-n-pentyl phthalate (DPENP);
di-n-hexyl phthalate (DHEXP); or
dicyclohexyl phthalate (DCHP).
These restrictions apply to any plasticized component part of a
children's toy or child care article or any other component part of a
children's toy or child care article that is made of other materials
that may contain phthalates. The phthalates prohibitions are set forth
in 16 CFR part 1307.
Tests for phthalate concentration are among the most expensive
certification tests to conduct on a product, and each accessible
component part subject to section 108 of the CPSIA must be tested.\7\
Third party testing burden reductions can occur only if each
phthalate's concentration is below 0.1 percent (1000 ppm). Because
laboratories typically run one test for all of the specified
phthalates, no testing burden reduction likely is achieved if any one
of the phthalates requires compliance testing.
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\7\ Test costs for the content of all the specified phthalates
have been reported to range from $125 to $350 per component,
depending upon where the tests are conducted and any discounts that
might apply.
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To alleviate some of the third party testing burdens associated
with plastics in the accessible component parts of
[[Page 28985]]
children's toys and child care articles, the Commission determined that
products made with general purpose polystyrene (GPPS), medium-impact
polystyrene (MIPS), high-impact polystyrene (HIPS), and super high-
impact polystyrene (SHIPS) with specified additives do not exceed the
phthalates content limits under section 108 of the CPSIA. 82 FR 41163
(August 30, 2017). Based on this determination, materials used in
children's toys and child care articles that use these specified
plastics and additives would not require third party testing for the
phthalates content limits. The plastics determinations are set forth in
the Commission's regulations at 16 CFR part 1308.
5. Notice of Proposed Rulemaking
On October 13, 2017, the Commission published a notice of proposed
rulemaking (NPR) in the Federal Register for the engineered wood
determinations. (80 FR 47645). The Commission proposed determinations
that untreated and unfinished EWPs (particleboard, hardwood plywood,
and medium-density fiberboard) made from virgin wood or pre-consumer
wood waste, do not contain lead, or any of the specified elements in
ASTM F963 in concentrations greater than their specified solubility
limits. In addition, with the exception of hardwood plywood that
contains PVAc adhesive formulations, the Commission proposed a
determination that these specified EWPs do not contain any of the
specified phthalates in concentrations greater than 0.1 percent. The
comments to the NPR are addressed in section C of this preamble.
B. Contractor's Research
1. Overview
CPSC contracted with the Toxicology Excellence for Risk Assessment
(TERA),\8\ who authored literature review reports on the content issues
related to certain natural materials, plastics, and EWPs. The following
reports produced by TERA formed the basis for the proposed EWP
determinations: Task 9, Concentrations of Selected Elements in
Unfinished Wood and Other Natural Materials; Task 11, Exposure
Assessment: Composition, Production, and Use of Phthalates; and Task
14, Final Report for CPSC Task 14, which summarized the available
information on the production of the EWPs.
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\8\ After conducting the contract reports for the CPSC, TERA
reorganized as the Risk Science Center at the University of
Cincinnati: https://med.uc.edu/eh/centers/rsc.
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1. TERA Task 9 Report
In the Task 9 Report, TERA conducted a literature search on whether
unfinished wood and other natural materials could be determined not to
contain any of the ASTM F963 elements in concentrations greater than
the ASTM F963 solubility limits.\9\ The materials researched included
unfinished woods (ash, beech, birch, cherry, maple, oak, pine, poplar,
and walnut); bamboo; beeswax; undyed and unfinished fibers and textiles
(cotton, wool, linen, and silk); and uncoated or coated paper (wood or
other cellulosic fiber).
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\9\ http://www.cpsc.gov/Global/Research-and-Statistics/TechnicalReports/Toys/TERAReportASTMElements.pdf.
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To assess the presence of the ASTM F963 elements' concentrations in
the materials, TERA looked at several factors. The factors reviewed
included the presence and concentrations of the elements in the
environmental media (e.g., soil, water, air), and in the base materials
for the textiles and paper; whether processing has the potential to
introduce any of the ASTM F963 elements into the material under study;
and the potential for contamination after production, such as through
packaging. From this report, the Commission determined that untreated
and unfinished woods from tree trunks do not contain any of the
elements in ASTM F963 in concentrations greater than their respective
solubility limits, and thus, they are not required to be third party
tested to ensure compliance with the specified solubility test.\10\
TERA relied on this information in TERA Task Report 14 to determine
that the virgin wood material used in the manufacture of EWPs does not,
and will not, contain any of the elements in ASTM F963 in
concentrations greater than their respective solubility limits.
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\10\ 80 FR 78651 (Dec. 17, 2015).
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2. TERA Task 11 Report
In the Task 11 Report, TERA conducted a literature search on the
production and use of 11 specified phthalates in consumer products.\11\
The 11 phthalates researched by TERA were based on the recommendations
made in the CHAP report. The 11 phthalates included the eight
prohibited phthalates that are subject to the final rule prohibiting
children's toys and child care articles containing specified phthalates
issued in October 2017 and codified in 16 CFR part 1307. (82 FR 49938).
Table 2 lists the phthalates researched by TERA. TERA's research
focused on the following factors:
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\11\ http://www.cpsc.gov//Global/Research-and-Statistics/Technical-Reports/Other%20Technical%20Reports/TERAReportPhthalates.pdf.
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The raw materials used in the production of the specified
phthalates;
The manufacturing processes used worldwide to produce the
specified phthalates;
Estimated annual production of the specified phthalates;
Physical properties of the specified phthalates (e.g.,
vapor pressure, flashpoint, water solubility, temperature at which
chemical breakdown occurs);
Applications for phthalates use in materials and consumer
and non-consumer products; and
Other potential routes by which phthalates can be
introduced into an otherwise phthalates-free material (e.g., migration
from packaging, recycling, reuse, product breakdown).
Table 2--Phthalates Researched in the Task 11 Report
[* Prohibited phthalates under 16 CFR part 1307]
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Phthalate CASRN \12\
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* DEHP: di-(2-ethylhexyl) phthalate........................ 117-81-7.
* DBP: dibutyl phthalate................................... 84-74-2.
* BBP: benzyl butyl phthalate.............................. 85-68-7.
* DINP: diisononyl phthalate............................... 28553-12-0, 68515-48-0.
DIDP: diisodecyl phthalate................................. 26761-40-0, 68515-49-1.
DnOP: di-n-octyl phthalate................................. 117-84-0.
DIOP: diisooctyl phthalate................................. 27554-26-3.
* DIBP: diisobutyl phthalate............................... 84-69-5.
* DPENP: di-n-pentyl phthalate............................. 131-18-0.
* DHEXP: di-n-hexyl phthalate.............................. 84-75-3.
[[Page 28986]]
* DCHP: dicyclohexyl phthalate............................. 84-61-7.
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TERA found that phthalates are used generally as plasticizers or
softeners of certain plastics, primarily polyvinyl chloride (PVC), as
solvents, and as component parts of inks, paints, adhesives, and
sealants.
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\12\ A CAS Registry Number is assigned to a substance when it
enters the CAS REGISTRY database. https://www.cas.org/content/chemical-substances/faqs.
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3. TERA Task 14 Report
In the Task 14 Report, TERA conducted a literature search on the
production of three EWPs: Particleboard, hardwood plywood, and medium-
density fiberboard.\13\ TERA first researched authoritative sources,
such as reference books and textbooks, along with internet resources,
for general information about EWPs, adhesives, raw materials,
manufacturing processes, and the potential use of recycled materials.
TERA used this information and consulted technical experts to identify
key words for searching the literature. These key words were then used
to conduct primary literature searches for research studies and
publications. In addition, TERA searched for Safety Data Sheets (SDS)
for information on raw materials. TERA researched the possibility of
the raw materials or finished products in the three EWPs to contain:
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\13\ https://www.cpsc.gov/s3fs-public/ManufacturedWoodsTERATask14Report.pdf.
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Lead in concentrations exceeding 100 ppm;
Any of the specified elements that are included in the
safety standard for children's toys, ASTM F963, Standard Consumer
Safety Specification for Toy Safety, in concentrations exceeding
specified solubility limits; or
Any of 10 specified phthalates in concentrations greater
than 0.1 percent (1000 ppm), listed in Table 3.\14\
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\14\ The TERA research providing the basis for this
determination covered the six phthalates subject to the statutory
prohibition, as well as the additional phthalates the Commission
proposed to prohibit in children's toys and child care articles,
with the exception of DIOP. The Commission has issued a final rule
prohibiting eight phthalates in children's toys and child care
articles on October 17, 2017 (82 FR 49938).
Table 3--Phthalates Researched in the Task 14 Report
[* Prohibited phthalates under 16 CFR part 1307]
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Phthalate CASRN
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* DEHP: di-(2-ethylhexyl) phthalate........................ 117-81-7.
* DBP: dibutyl phthalate................................... 84-74-2.
* BBP: benzyl butyl phthalate.............................. 85-68-7.
* DINP: diisononyl phthalate............................... 28553-12-0, 68515-48-0.
DIDP: diisodecyl phthalate................................. 26761-40-0, 68515-49-1.
DnOP: di-n-octyl phthalate................................. 117-84-0.
* DIBP: diisobutyl phthalate............................... 84-69-5.
* DPENP: di-n-pentyl phthalate............................. 131-18-0.
* DHEXP: di-n-hexyl phthalate.............................. 84-75-3.
* DCHP: dicyclohexyl phthalate............................. 84-61-7.
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TERA found that, generally, the processes for manufacturing the three
EWPs are similar; wood fibers, chips, layers, or a similar raw wood
product are processed with various adhesive formulations (sometimes
referred to as binders or resins) along with other additives to create
uniform sheets with known characteristics and performance qualities.
The main difference among the three types of EWPs relates primarily to
the size and morphology (shape and surface characteristics) of the wood
material used in their production.
TERA reviewed the literature to assess whether the specified EWPs
might contain lead or one or more of the other elements at levels that
exceed the ASTM solubility limits, or any of the specified phthalates
in concentrations greater than the specified limits. TERA reported that
no studies found lead, the ASTM F963 elements, or the specified
phthalates in concentrations greater than their limits in
particleboard, hardwood plywood, or medium-density fiberboard, that are
unfinished and untreated, and made from virgin wood or pre-consumer
wood waste.
In the Task 14 Report, TERA described an unfinished EWP as one that
does not have any surface treatments applied at manufacture, such as
factory-applied coatings. An untreated EWP is one that does not have
any additional finishes applied at manufacture, such as flame
retardants or rot-resistant finishes. TERA described ``virgin wood'' as
wood logs, fibers, chips, or layers that have not been recycled from a
previous use. TERA described ``pre-consumer wood waste'' as wood
materials that have been recycled from an industrial process before
being made available for consumer use. Examples of this type of waste
include trimmings from EWP panel manufacturing, sawdust from cutting
logs, or remaining wood pieces from sawing a log into framing lumber.
The TERA report highlighted the potential for lead, the ASTM F963
elements, or the specified phthalates to be present in concentrations
greater than those specified through the use of contaminated recycled
material in EWPs made from recycled wood waste or EWPs that have post-
manufacturing treatments or finishes. Recycled wood waste may be made
from reclaimed or post-consumer wood waste. ``Post-consumer wood
waste'' is described as wood waste that is comprised of materials that
are recovered from their original use and subsequently used in a new
product. Examples of this type of waste include recycled demolition
wood, packaging materials, such as pallets and crates, used wood from
[[Page 28987]]
landscape care (i.e., from urban and highway trees, hedges, and
gardens), discarded furniture, and wood waste from industrial,
construction, and commercial activities.
The three types of EWPs reviewed by TERA are discussed below.
a. Particleboard
Particleboard is a composite of wood chips, adhesives, and other
additives pressed into a board. Adhesive formulations are used to bond
wood chips, which are then formed into mats that are layered to create
uniform boards in a range of dimensions. Particleboard is used widely
in furniture making and other interior (or nonstructural) uses. The
constituent parts of particleboard reported by TERA can include (by
weight):
Wood (60-99+ percent);
Adhesive formulation (0-17 percent, with 5-11 percent most
common);
Phenol-formaldehyde (uncommon but potential for use),
urea-formaldehyde, melamine-urea-formaldehyde, polymeric methylene-
diphenyl-diisocyanate (pMDI);
Waxes (0.3-1 percent);
Other additives (up to 2 percent); or
Scavengers or additional unspecified materials.
TERA researched the possibility of lead, the ASTM F963 elements, or
the specified phthalates, in concentrations greater than their
specified limits in particleboard. TERA identified little information
on measurements of lead and the ASTM F963 elements in particleboard,
and found no studies that measured the specified phthalates. TERA
identified two references where particleboard made from both untreated
and copper chromate arsenic-(CCA) treated wood chips was tested.
Arsenic and chromium were undetected in the particleboards made from
virgin wood chips. However, the particleboard composed of 25 percent
wood chips from reclaimed CCA-treated wood products contained 895 and
832 ppm of arsenic and chromium, respectively, without adversely
affecting the mechanical performance of the board. Another study that
discussed ``recycled particleboard'' was identified as wood waste
obtained from a wood recycling plant.
Apart from the studies on particleboard made from wood waste that
may contain post-consumer wood waste or post-manufacturing treatments,
TERA reported that no studies found lead, the ASTM F963 elements, or
the specified phthalates in concentrations greater than the specified
limits in untreated and unfinished particleboard.
b. Hardwood Plywood
Plywood is a layered board of wood veneers, where the layers have
alternating, perpendicular wood grain directions. Less commonly, the
board might have a core of other EWPs with wood veneers as the outer
layers. Hardwood plywood, addressed in this report, is a type of
plywood that is composed of angiosperms (i.e., ``hardwoods,'' such as
oak or maple) and used primarily in furniture and for other interior
(nonstructural) purposes, as well as in playground equipment, sports
equipment, and musical instruments. The constituent parts of hardwood
plywood reported by TERA can include (by weight):
Wood (75-99+ percent);
Adhesive formulation (0.02-20 percent, with 1 percent to 5
percent most common);
Phenol-formaldehyde or phenol-resorcinol-formaldehyde
(likely for use in structural plywood but potential for application to
hardwood plywood), urea-formaldehyde, melamine-formaldehyde, or
melamine-urea-formaldehyde, or polyvinyl acetate (PVAc); or
Other additives (less than 2 percent).
TERA researched the possibility of lead, the ASTM F963 elements, or
the specified phthalates in concentrations greater than those specified
in hardwood plywood. TERA identified only one study that measured lead
and the ASTM F963 elements in plywood, and found no studies that
measured the specified phthalates. Concentrations of cadmium, chromium,
and lead were all less than the solubility limits in ``plain'' plywood.
In addition, because hardwood plywood is made from sheets of wood
veneer, it is less likely to contain recycled wood content, unless it
incorporates a core of some other EWPs, such as particleboard or
medium-density fiberboard.
Aside from the studies on recycled wood waste that may contain
post-consumer wood waste or post-manufacturing treatments in a
particleboard, medium-density fiberboard, or other EWP core, TERA
reported that no studies found lead, the ASTM F963 elements, or the
specified phthalates in concentrations greater than the specified
limits in untreated and unfinished hardwood plywood. However, TERA
identified research that indicated that polyvinyl acetate (PVAc) can be
used as an adhesive system for hardwood plywood, as discussed in
section (d) below.
c. Medium-Density Fiberboard
Medium-density fiberboard (MDF) is a composite of wood fibers, an
adhesive formulation, and other additives pressed into a board. MDF is
a product similar to particleboard, differing mostly due to the use of
fiber rather than chips. It is used primarily in furniture and for
other interior (nonstructural) purposes. The constituent parts of MDF
reported by TERA can include (by weight):
Wood (73-99+ percent);
Adhesive formulation (0-25 percent with most common 5-12
percent);
Phenol-formaldehyde (uncommon, but potentially used for
moisture resistance), urea-formaldehyde (most commonly identified),
methylene-diphenyl-diisocyanate (pMDI), melamine-formaldehyde, or
melamine-urea-formaldehyde;
Waxes (less than 1 percent); or
Other additives (10-30 percent).
TERA researched the possibility of lead, the ASTM F963 elements, or
the specified phthalates in concentrations greater than those specified
in MDF. TERA did not identify any references that reported the presence
of lead, the ASTM F963 elements, or the specified phthalates in MDF
made with virgin wood.
Aside from the studies on recycled wood waste that may contain
post-consumer wood waste or post-manufacturing treatments, TERA
reported that no studies found lead, the ASTM F963 elements, or the
specified phthalates in concentrations greater than the specified
limits in untreated and unfinished MDF.
d. TERA's Findings on EWP Constituent Parts
Because few references were found directly addressing lead, the
ASTM F963 elements, and the specified phthalates in EWPs, TERA also
researched the constituent parts that could be used to manufacture
EWPs, including wood and adhesives.
Wood
According to the manufacturing process information provided by
TERA, virgin wood and wood residues are the main sources of wood fiber
used in North America to manufacture EWPs. Typically, these sources
include low-value logs, industrial wood residues, or scraps and trim
from furniture and EWP production. For example, hardwood plywood
requires the trunks of trees to obtain the thin layers of veneer used
to construct a sheet. TERA relied on the Task 9 Report and Commission
findings on unfinished and untreated wood (80 FR 78651 (Dec. 17, 2015))
to determine
[[Page 28988]]
that untreated and unfinished wood from the trunks of trees do not
contain lead or the ASTM F963 elements in concentrations greater than
the specified solubility limits. TERA also noted that, although
phthalates can be taken up by trees and plants, the concentrations are
negligible and less than the specified limit (0.1 percent).
Although TERA reported that the majority of EWPs are manufactured
with virgin wood or pre-consumer wood waste fiber or chips, the wood
component also can originate from recycled material. For EWPs made from
recycled wood waste that may contain post-consumer wood waste, the TERA
report highlighted the potential for lead, the ASTM F963 elements, or
the specified phthalates to be present in concentrations greater than
those specified through the use of contaminated recycled material. The
TERA report cited multiple examples of the use of reclaimed or post-
consumer wood material used to produce EWPs, both domestically and
internationally. Specifically, TERA found studies showing that
reclaimed lumber and wood waste could contain a myriad of contaminants,
such as surface treatments (e.g., paints, stains), metals, glues and
adhesives, glass, paper, plastic, rubber and chemical treatments.
Metals and organic materials may be present in paints, stains,
varnishes, and polishes that are used on wood products (e.g.,
furniture, window frames) and nails, screws, and other metal hardware
might be attached to the recycled and recovered wood. These
contaminants are intimately attached to the wood, and therefore, some
contaminants may pass through cleaning systems, contaminating the
entire recovered wood stream.
TERA also reviewed another study, based in Italy, which evaluated
the ``recyclability'' of used wood, by conducting elemental analysis of
wood residues from wood recycling plants using a handheld fast energy
dispersive X-ray fluorescence spectroscopy (ED-XRF) device. TERA found
that the study provided some indication of the types and levels of
contamination in various kinds of post-consumer wood waste. Elemental
analysis results were compared to EU Community Ecolabel limits.\15\ For
all wood products tested, 16 percent exceeded one or more of the
Ecolabel limits, with the highest concentrations from lead, chromium,
chlorine, copper, cadmium, and mercury. No samples had levels of
arsenic over the 25 ppm limit (except a CCA-treated utility pole).
Barium and lead were found in 10 percent to 20 percent of the samples,
chromium and cadmium in 3 percent to 4 percent, and antimony, mercury,
and arsenic ranged from 0.3 percent to 1.2 percent of samples. The
sources most contaminated with non-wood content were from furniture and
building materials, while pallets and shipping containers were least
likely to be contaminated.\16\
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\15\ Ecolabel element concentrations are less than 25 mg/kg of
arsenic, 25 mg/kg of mercury, 25 mg/kg of chromium, 50 mg/kg
cadmium, 90 mg/kg lead, and 40 mg/kg copper (EU, 2004). Ecolabel
limits are similar to ASTM solubility limits for the ASTM F963
elements.
\16\ Twenty-four percent of furniture and 18 percent of building
materials had one or more ASTM F963 elements exceeding the limits
which may be due to manufacturing processes such as painting,
preservation, and overlaying, which are common with furniture and
building materials. The most polluted types of wood waste were
particleboard (37% exceeded Ecolabel limits), recycled particleboard
(25% exceeded), and plywood (18% exceeded); while fiberboard (MDF
and HDF) exceeded limits in 9 percent of samples.
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TERA concluded that, with an increased interest and use of post-
consumer recycled materials in EWP production, potential contamination
by the specified elements and phthalates must be considered. To ensure
that EWPs made from used wood fibers do not contain ASTM F963 elements
or phthalates that exceed the specified limits, TERA indicated that the
materials would need to be sorted carefully and tested to ensure that
they are not contaminated.
Adhesive Formulations
Adhesive formulations hold together the wood chips, layers, or
fibers to make EWP mats and sheets. Some of the formulations use a
metal catalyst during the curing process. TERA identified a number of
references describing the presence of the ASTM F963 elements in
adhesive formulations. However, TERA found very few references that
would implicate EWPs. Although the use of barium was noted in multiple
references, only one study appeared to be relevant to EWPs. This study
suggested that barium, when used as a catalyst in an adhesive, could
result in an EWP that exceeded the ASTM solubility level for
barium.\17\ However, this method does not appear to be used currently
in EWP production. TERA also noted studies that indicate the possible
use of chromium as a catalyst in phenol formaldehyde resin, as well as
the possible use of antimony or arsenic in a drier formulation for
certain polymeric coatings. However, no references included information
on concentrations or appeared to be relevant to EWPs.
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\17\ Wang and Zhang (2011) studied the use of calcium hydroxide,
Ba(OH)2, and magnesium hydroxide and their effect on cure
times for phenol formaldehyde adhesive formulations, finding that
the use of Ba(OH)2 could be a viable means to speed up
cure times. Both calcium hydroxide and Ba(OH)2 had
similar cure times and are about the same price in bulk. Because the
compounds would be used in an adhesive system, the catalyst is not
expected to be recovered and so would remain in situ once curing is
complete. If the catalyst remained in the adhesive, it could result
in concentrations of barium exceeding the ASTM solubility limits.
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Although many different adhesive formulations may be used in
hardwood plywood, TERA noted that PVAc can be used as an adhesive
system for hardwood plywood. The report cited sources (The Handbook of
Adhesive Technology, USDA), which mentioned the use of some of the
specified phthalates in PVAc adhesive formulations.\18\ TERA also
identified research papers that included the use of DBP and DEHP in
PVAc at concentrations greater than 0.1 percent.
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\18\ The USDA publication Wood Handbook: Wood as an Engineering
Material (2010) explains that ``Plasticizers, for example dibutyl
phthalate, are used to soften the brittle vinyl acetate homopolymer
in poly(vinyl acetate) emulsion adhesives. This is necessary to
facilitate adhesive spreading and formation of a flexible adhesive
film from the emulsion at and below room temperature.''
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C. Discussion of Comments to the NPR
The CPSC received seven comments in response to the NPR. Five of
the comments did not address any matters regarding EWPs. These comments
addressed environmental regulation issues concerning alternative
energy, electric cars, and greenhouse gas emissions, among other
topics. None of these comments addressed EWPs. Accordingly, these
comments do not fall within the scope of the current rulemaking. Two
comments addressed the proposed determinations for EWPs.
Comment 1: A commenter states that the use of third party testing
and ``verification of testing'' for lead is important for ensuring
product safety and that any change to the testing and verification
requirements is ``antithetical'' to public safety.
Response 1: The commenter does not provide any data or information
about EWPs that would support a testing requirement for lead for
certain untreated and unfinished EWPs. Nor does the commenter address
the data and information the Commission relied upon to demonstrate that
certain untreated and unfinished EWPs do not contain lead above the
limits specified by the lead content requirements. The Commission's
proposed EWP determinations only apply to EWPs that have not been
treated or adulterated with materials that could result in the addition
of lead, the ASTM elements, or
[[Page 28989]]
the specified phthalates at concentrations greater than their specified
solubility limits. EWPs that do not meet the provisions of the rule
would still be subject to applicable testing requirements.
Comment 2: A commenter expresses concern regarding the language of
the proposed rule's determination, which states: ``Accessible component
parts of children's products, children's toys, and child care articles
made with engineered wood products not listed in paragraphs (a)-(c) of
this section are required to be third party tested pursuant to section
14(a)(2) of the CPSA and 16 CFR part 1107.'' The commenter asserts that
the language negates the flexibility of the Commission's 2009 Statement
of Policy. The commenter requests a revision of the language to state:
``Accessible component parts of children's products, children's toys,
and child care articles made with engineered wood products not listed
in paragraphs (a)-(c) of this section must still be comprised of
compliant materials pursuant to section 108 of CPSIA, Public Law 110-
314 as amended by H.R. 2714, Public Law 112-28.''
Response 2: The proposed EWP determinations do not negate the
flexibility of the Commission's 2009 Statement of Policy.\19\ That
policy was intended to give general guidance on the types of materials
that may contain phthalates. Section 108 of the CPSIA is limited to
plasticized component parts and other materials that may contain
phthalates. The Commission has already identified in the proposed rule
the potential use of phthalates in polyvinyl acetate (PVAc) adhesive in
hardwood plywood that would result in an EWP with phthalate
concentrations greater than 0.1 percent. However, to make it clear that
only products that are subject to one or more of the requirements for
lead, ASTM elements, and the specified phthalates, or that contain
post-consumer wood waste, must be third party tested, the Commission is
revising the proposed language in section 1252.3(e). That section now
states that accessible component parts of children's products,
children's toys, and child care articles made with engineered wood
products other than the specified EWPs listed in the rule, or that
contain post-consumer wood waste, are required to be third party tested
pursuant to section 14(a)(2) of the CPSA and 16 CFR part 1107 and
sections 101, 106, or 108 of the CPSIA, as applicable.
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\19\ https://www.cpsc.gov/s3fs-public/pdfs/blk_media_componenttestingpolicy.pdf.
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In addition, to reflect the current list of prohibited phthalates
in section 108 of the CPSIA, as required in the Commission's final rule
issued on October 27, 2017, Sec. 1252.1(c) is revised to include all
of the permanently prohibited phthalates in any children's toy or child
care article that contains concentrations of more than 0.1 percent of
DEHP, DBP, BBP, DINP, DIBP, DPENP, DHEXP, or DCHP.
D. Determination for EWPs
1. Legal Requirements for a Determination
As noted above, section 14(a)(2) of the CPSA requires third party
testing for children's products that are subject to a children's
product safety rule. 15 U.S.C. 2063(a)(2). Children's products must
comply with the lead limits in section 101 of the CPSIA. 15 U.S.C.
1278a. Children's toys must comply with the solubility limits for
elements under the ASTM toy standard in section 106 of the CPSIA. 15
U.S.C. 2056b. Children's toys and child care articles must comply with
the phthalates prohibitions in section 108 of the CPSIA. 15 U.S.C.
2057c. In response to statutory direction, the Commission has
investigated approaches that would reduce the burden of third party
testing while also assuring compliance with CPSC requirements. As part
of that endeavor, the Commission has considered whether certain
materials used in children's products, children's toys, and child care
articles would not require third party testing.
To issue a determination that an EWP does not require third party
testing, the Commission must have sufficient evidence to conclude that
the product consistently complies with the CPSC's requirements to which
the EWP is subject, so that third party testing is unnecessary to
provide a high degree of assurance of compliance. Under 16 CFR part
1107, section 1107.2 defines ``a high degree of assurance'' as ``an
evidence-based demonstration of consistent performance of a product
regarding compliance based on knowledge of a product and its
manufacture.''
For accessible component parts of children's products, children's
toys, and child care articles subject to sections 101, 106, and 108 of
the CPSIA, compliance to the specified content limits is always
required, irrespective of any testing exemptions. Thus, a manufacturer
or importer who certifies a children's product, children's toy or child
care article, must ensure the product's compliance. The presence of
lead, the ASTM F963 elements, or the specified phthalates do not have
to be intended to require compliance. The presence of these chemicals,
whether for any functional purpose, as a trace material, or as a
contaminant, must be in concentrations less than the specified content
or solubility limits for the material to be compliant. Additionally,
the manufacturer or importer must have a high degree of assurance that
the product has not been adulterated or contaminated to an extent that
would render it noncompliant. For example, if a manufacturer or
importer is relying on a determination that an EWP does not contain
lead, ASTM F963 elements, or specified phthalates in concentrations
greater than the specified limits in a children's product, children's
toy, or child care article, the manufacturer must ensure that the EWP
is one on which a determination has been made.
The Commission finds, based on the staff's review of TERA's Task 14
report regarding reclaimed or post-consumer waste assessment in EWPs,
that EWPs with post-consumer wood content and post-manufacturing waste
could contain unwanted contaminants, such as paint or stains, metals
from nails or fasteners, or adhesive formulations. Additionally, based
on staff's review of the Task 11 and Task 14 reports, the Commission
finds that PVAc used as an adhesive formulation in the manufacture of
EWPs could contain at least one of the specified phthalates in hardwood
plywood manufacturing that could result in the EWP exceeding the
allowable levels of the specified phthalates. Accordingly, the
Commission concludes that there is not a high degree of assurance that
EWPs made from post-consumer wood waste or post-manufacturing
treatments or finishes are compliant with sections 101, 106, or 108 of
the CPSIA, or that hardwood plywood that contain PVAc are compliant
with 108 of the CPSIA.
Based on the information provided in the TERA Task reports, staff's
review of TERA's source references in the Task reports, and with the
additional clarification that only products that are subject to one or
more of the requirements for lead, ASTM elements, and the specified
phthalates must be third party tested, the Commission determines that
untreated and unfinished EWPs (particleboard, hardwood plywood, and
medium-density fiberboard) made from virgin wood or pre-consumer wood
waste, do not contain lead, or any of the specified elements in ASTM
F963 in concentrations greater than their specified solubility limits.
In addition, with the exception of hardwood plywood that contains PVAc
adhesive formulations, the Commission determines that the specified
EWPs do
[[Page 28990]]
not contain any of the specified phthalates in concentrations greater
than 0.1 percent. The Commission's determinations on EWPs are limited
to unfinished and untreated EWPs made from virgin wood or pre-consumer
wood waste. Children's products, children's toys, and child care
articles made from post-consumer wood waste, or from EWPs that have
other materials that are applied to or added on to the EWP after it is
manufactured, such as treatments and finishes, would be subject to
third party testing requirements, unless the component part has a
separate determination which does not require third party testing for
certification purposes.
2. Statutory Authority
Section 3 of the CPSIA grants the Commission general rulemaking
authority to issue regulations, as necessary, to implement the CPSIA.
Public Law 110-314, sec. 3, Aug. 14, 2008. Section 14 of the CPSA,
which was amended by the CPSIA, requires third party testing for
children's products subject to a children's product safety rule. 15
U.S.C. 2063(a)(2). Section 14(d)(3)(B) of the CPSA, as amended by
Public Law 112-28, gives the Commission the authority to ``prescribe
new or revised third party testing regulations if it determines that
such regulations will reduce third party testing costs consistent with
assuring compliance with the applicable consumer product safety rules,
bans, standards, and regulations.'' Id. 2063(d)(3)(B). These statutory
provisions authorize the Commission to issue a rule determining that
certain EWPs would not be concentrations greater than their specified
limits, and thus, are not required to be third determined to contain
lead, the ASTM F963 elements, and the specified phthalates in party
tested to ensure compliance with sections 101, 106, and 108 of the
CPSIA.
The determinations for the specified EWPs would relieve children's
product certifiers from third party testing burdens, while assuring
compliance with sections 101, 106, and 108 of the CPSIA for component
parts made from the specified EWPs. However, the determinations would
only relieve the manufacturers' obligation to have the specified EWPs
tested by a CPSC-accepted third party laboratory. Children's products,
children's toys, and child care articles must still comply with the
substantive content limits in sections 101, 106, and 108 of the CPSIA,
regardless of any relief on third party testing requirements. Finally,
even if a determination is in effect and third party testing is not
required, a certifier must still issue a certificate.
3. Description of the Rule
This rule creates a new part 1252 for Children's Products,
Children's Toys, and Child Care Articles: Determinations Regarding
Lead, ASTM F963 elements, and Phthalates for Engineered Wood Products.
Section 1252.1(a) of the rule explains the statutorily
created requirements that limit lead in children's products under the
CPSIA and the third party testing requirements for children's products.
Section 1252.1(b) of the rule explains the statutorily
created requirements for limiting the ASTM F963 elements in children's
toys under the CPSIA and the third party testing requirements for
children's toys.
Section 1252.1(c) of the rule explains the statutorily
created requirements limiting phthalates for children's toys and child
care articles under the CPSIA and the third party testing requirements
for children's toys and child care articles. This section is revised to
reflect the final rule issued on phthalates that permanently prohibits
any children's toy or child care article that contains concentrations
of more than 0.1 percent of di-(2-ethylhexyl) phthalate (DEHP), dibutyl
phthalate (DBP), or benzyl butyl phthalate (BBP). In addition, in
accordance with section 108(b)(3) of the CPSIA, 16 CFR part 1307
prohibits any children's toy or child care article that contains
concentrations of more than 0.1 percent of diisononyl phthalate (DINP),
diisobutyl phthalate (DIBP), di-n-pentyl phthalate (DPENP), di-n-hexyl
phthalate (DHEXP), or dicyclohexyl phthalate (DCHP).
Section 1252.2 of the rule provides definitions that apply
to part 1252.
Section 1252.3(a) of the rule establishes the Commission's
determinations that specified EWPs do not exceed the lead content
limits with a ``high degree of assurance,'' as that phrase is defined
in 16 CFR part 1107.
Section 1252.3(b) of the rule establishes the Commission's
determinations that specified EWPs do not exceed the solubility limits
for ASTM F963 elements with a ``high degree of assurance,'' as that
phrase is defined in 16 CFR part 1107.
Section 1252.3(c) of the rule establishes the Commission's
determinations that specified EWPs do not exceed the phthalates content
limits, with the exception of hardwood plywood containing PVAc, with a
``high degree of assurance,'' as that phrase is defined in 16 CFR part
1107.
Section 1252.3(d) of the rule provides that accessible
component parts of children's products, children's toys, and child care
articles made with the specified EWPs, are not required to be third
party tested pursuant to section 14(a)(2) of the CPSA and 16 CFR part
1107.
Section 1252.3(e) of the rule is clarified to state that
accessible component parts of children's products, children's toys, and
child care articles made with engineered wood products not listed in
paragraphs (a)-(c) of this section, or with post-consumer wood waste,
are required to be third party tested pursuant to section 14(a)(2) of
the CPSA and 16 CFR part 1107 and sections 101, 106, or 108 of the
CPSIA, as applicable.
E. Effective Date
The Administrative Procedure Act (APA) generally requires that a
substantive rule must be published not less than 30 days before its
effective date. 5 U.S.C. 553(d)(1). Because the final rule provides
relief from existing testing requirements under the CPSIA, the
Commission concludes that 30 days is sufficient. Thus, the effective
date is July 23, 2018.
F. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, requires
agencies to consider the impact of proposed and final rules on small
entities, including small businesses. Section 604 of the RFA requires
that agencies prepare a final regulatory flexibility analysis (FRFA)
when promulgating final rules, unless the head of the agency certifies
that the rule will not have a significant impact on a substantial
number of small entities. The FRFA must describe the impact of the rule
on small entities. CPSC staff prepared a FRFA, which is summarized
below.
CPSC staff's review shows that comprehensive estimates of the
number of children's products, children's toys, and child care articles
that contain component parts made from the specified engineered woods
are not available. However, based on the number of domestic producers
and sellers of these products, staff believes that a substantial number
of small entities could be impacted by this regulation. Staff's review
indicates that there are approximately 81,505 small firms that
manufacture or distribute children's products, children's toy or child
care articles (6,976 manufacturers + 26,124 wholesalers + 48,405
retailers). Even if only a small proportion of these firms manufacture
or sell products using the EWPs of interest, staff finds that a
[[Page 28991]]
substantial number would benefit from the reduced testing burden. The
impact of the determinations on small businesses would be to reduce the
burden of third party testing for firms and are expected to be entirely
beneficial. The current cost of testing, on a per-test basis, is
reflective of the expected cost reductions that would result from the
determinations, and are as follows:
Lead--The cost of lead testing ranges from $50 to more
than $100 per component through Inductively Coupled Plasma (ICP)
testing. If one uses X-ray fluorescence (XRF) spectrometry, which is an
acceptable method for certification of third party testing for lead
content, the costs can be greatly reduced to approximately $5 per
component. If a component part made with one of the specified
engineered woods is painted, the component part would be exempt from
the third party testing requirement, but the paint would still require
lead testing.
ASTM F963 Elements--Based on published invoices and price
lists, the cost of a third party test for the ASTM F963 elements ranges
from around $60 in China, up to around $190 in the United States, using
ICP. This cost can be greatly reduced with the use of high definition
X-ray fluorescence spectrometry (HDXRF), which is an acceptable method
for certification of third party testing for the presence of the ASTM
elements. The cost can be reduced to about $40 per component part. It
should be noted that lead is one of the ASTM elements, so this testing
would also cover the cost of lead testing for component parts.
Phthalates--The cost of phthalate testing is relatively
high: between about $125 and $350 per component, depending upon where
the testing is conducted and any discounts that are applicable. Because
one product might have multiple components that require testing, the
cost of testing a single product for phthalates could exceed $1,000 in
some cases. Moreover, more than one sample might have to be tested to
provide a high degree of assurance of compliance with the requirements
for testing.
To the extent that small businesses have lower production or lower
sales volume than larger businesses, these determinations would be
expected to have a disproportionately beneficial impact on small
businesses. This beneficial impact is due to spreading the costs of the
testing over fewer units. However, small entities that need fewer third
party tests may not qualify for discounts that some laboratories may
offer their larger customers. In addition, the possible benefits
associated with the determinations might be somewhat lower to the
extent that firms were already taking advantage of component part
testing as allowed by 16 CFR part 1109. Additionally, some firms have
reduced their testing costs by using XRF or HDXRF technology, which is
less expensive than ICP, and would reduce the marginal benefit of these
determinations.
The determinations would not impose any new reporting,
recordkeeping, or other compliance requirements on small entities. In
fact, because the rule would eliminate a testing requirement, there
would be a small reduction in some of the recordkeeping burden under 16
CFR parts 1107 and 1109 because manufacturers would no longer have to
maintain records of third party tests for the component parts
manufactured from these engineered woods for lead, the ASTM F963
elements, or the specified phthalates. Based on staff's review, the
Commission finds that the burden reduction from this determination rule
could potentially result in significant benefits for a substantial
number of manufacturers, importers, or retailers of the relevant
product categories.
Under section 604 of the Regulatory Flexibility Act, a FRFA should
include a ``statement of the factual, policy, and legal reasons for
selecting the alternative adopted in the final rule and why each one of
the other significant alternatives to the rule considered by the agency
which affect the impact on small entities was rejected.'' The final
rule is itself, the result of CPSC's efforts to reduce third party
testing costs consistent with assuring compliance with all applicable
consumer product safety rules. Therefore, CPSC considered few
alternatives, other than expanding the list of engineered woods for
which determinations could be made. CPSC staff identified these three
types of EWPs for study, based on stakeholder feedback, the likelihood
of being used in products subject to children's product, children's
toy, or child care article certification requirements, and available
resources. However, the Commission did not receive any other comments
or other information on any additional engineered wood materials for
further burden-reduction activities.
G. Environmental Considerations
The Commission's regulations provide a categorical exclusion for
most Commission rules from any requirement to prepare an environmental
assessment or an environmental impact statement because they ``have
little or no potential for affecting the human environment.'' 16 CFR
1021.5(c)(2). This rule falls within the categorical exclusion, so no
environmental assessment or environmental impact statement is required.
The Commission's regulations state that safety standards for products
normally have little or no potential for affecting the human
environment. 16 CFR 1021.5(c)(1). Nothing in this rule alters that
expectation.
List of Subjects in 16 CFR Part 1252
Business and industry, Consumer protection, Imports, Infants and
children, Product testing and certification, Toys.
0
For the reasons stated in the preamble, the Commission amends title 16
of the CFR by adding part 1252 to read as follows:
PART 1252--CHILDREN'S PRODUCTS, CHILDREN'S TOYS, AND CHILD CARE
ARTICLES: DETERMINATIONS REGARDING LEAD, ASTM F963 ELEMENTS, AND
PHTHALATES FOR ENGINEERED WOOD PRODUCTS
Sec.
1252.1 Children's products, children's toys, and child care articles
containing lead, ASTM F963 elements, and phthalates in engineered
wood products and testing requirements.
1252.2 Definitions.
1252.3 Determinations for engineered wood products.
Authority: Sec. 3, Pub. L. 110-314, 122 Stat. 3016; 15 U.S.C.
2063(d)(3)(B).
Sec. 1252.1 Children's products, children's toys, and child care
articles containing lead, ASTM F963 elements, and phthalates in
engineered wood products and testing requirements.
(a) Section 101(a) of the Consumer Product Safety Improvement Act
of 2008 (CPSIA) provides that any children's product, material, or
component part or a children's product must comply with a lead content
limit that does not exceed 100 parts per million. Materials used in
children's products subject to section 101 of the CPSIA must comply
with the third party testing requirements of section 14(a)(2) of the
Consumer Product Safety Act (CPSA), unless listed in 16 CFR 1500.91.
(b) Section 106 of the CPSIA made provisions of ASTM F963, Consumer
Product Safety Specifications for Toy Safety, a mandatory consumer
product safety standard. Among the mandated provisions is section 4.3.5
of ASTM F963 which requires that surface coating materials and
accessible substrates of children's toys that can be sucked, mouthed,
or ingested, must comply with solubility limits that the toy standard
establishes for eight elements. Materials used in children's toys
subject to section
[[Page 28992]]
4.3.5 of the toy standard must comply with the third party testing
requirements of section 14(a)(2) of the CPSA, unless listed in 16 CFR
1251.2.
(c) Section 108(a) of the CPSIA permanently prohibits any
children's toy or child care article that contains concentrations of
more than 0.1 percent of di-(2-ethylhexyl) phthalate (DEHP), dibutyl
phthalate (DBP), or benzyl butyl phthalate (BBP). In accordance with
section 108(b)(3) of the CPSIA, 16 CFR part 1307 prohibits any
children's toy or child care article that contains concentrations of
more than 0.1 percent of diisononyl phthalate (DINP), diisobutyl
phthalate (DIBP), di-n-pentyl phthalate (DPENP), di-n-hexyl phthalate
(DHEXP), or dicyclohexyl phthalate (DCHP). Materials used in children's
toys and child care articles subject to section 108(a) of the CPSIA and
16 CFR part 1307 must comply with the third party testing requirements
of section 14(a)(2) of the CPSA, unless listed in 16 CFR 1308.2.
Sec. 1252.2 Definitions.
In addition to the definitions given in sections 101, 106, and 108
of the CPSIA, the following definitions apply for this part 1252.
Post-consumer wood waste describes wood waste that is comprised of
materials that are recovered from their original use and subsequently
used in a new product. Examples of this type of waste include recycled
demolition wood, packaging materials such as pallets and crates, used
wood from landscape care (i.e., from urban and highway trees, hedges,
and gardens), discarded furniture, and waste wood from industrial,
construction, and commercial activities.
Pre-consumer wood waste describes wood materials that have been
recycled from an industrial process before being made available for
consumer use. Examples of this type of waste include trimmings from
engineered wood product (EWP) panel manufacturing, sawdust from cutting
logs, or remaining wood pieces from sawing a log into framing lumber.
Unfinished means an EWP that does not have any surface treatments
applied at manufacture, such as factory-applied coatings. Examples of
such treatments may include paint or similar surface coating materials,
wood glue, or metal fasteners, such as nails or screws.
Untreated means an EWP that does not have any additional finishes
applied at manufacture. Examples of such finishes may include flame
retardants or rot resistant finishes.
Virgin wood describes wood logs, fibers, chips, or layers that have
not been recycled from a previous use.
Sec. 1252.3 Determinations for engineered wood products.
(a) The following engineered wood products do not exceed the lead
content limits with a high degree of assurance as that term is defined
in 16 CFR part 1107:
(1) Particleboard that is untreated and unfinished made from virgin
wood or pre-consumer wood waste;
(2) Hardwood plywood that is untreated and unfinished made from
virgin wood or pre-consumer wood waste; and
(3) Medium-density fiberboard that is untreated and unfinished made
from virgin wood or pre-consumer wood waste.
(b) The following engineered wood products do not exceed the ASTM
F963 elements solubility limits set forth in 16 CFR part 1250 with a
high degree of assurance as that term is defined in 16 CFR part 1107:
(1) Particleboard that is untreated and unfinished made from virgin
wood or pre-consumer wood waste;
(2) Hardwood plywood that is untreated and unfinished made from
virgin wood or pre-consumer wood waste; and
(3) Medium-density fiberboard that is untreated and unfinished made
from virgin wood or pre-consumer wood waste.
(c) The following engineered wood products do not exceed the
phthalates content limits with a high degree of assurance as that term
is defined in 16 CFR part 1107:
(1) Particleboard that is untreated and unfinished made from virgin
wood or pre-consumer wood waste;
(2) Hardwood plywood that is untreated and unfinished made from
virgin wood or pre-consumer wood waste and does not contain polyvinyl
acetate (PVAc) adhesive formulations; and
(3) Medium-density fiberboard that is untreated and unfinished made
from virgin wood or pre-consumer wood waste.
(d) Accessible component parts of children's products, children's
toys, and child care articles made with EWPs, listed in paragraphs (a)
through (c) of this section are not required to be third party tested
pursuant to section 14(a)(2) of the CPSA and 16 CFR part 1107.
(e) Accessible component parts of children's products, children's
toys, and child care articles made with engineered wood products not
listed in paragraphs (a) through (c) of this section, or that contain
post-consumer wood waste, are required to be third party tested
pursuant to section 14(a)(2) of the CPSA and 16 CFR part 1107 and
sections 101, 106, or 108 of the CPSIA, as applicable.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2018-13392 Filed 6-21-18; 8:45 am]
BILLING CODE 6355-01-P