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The Commission received a petition requesting that the Commission initiate rulemaking under the FHSA to declare several categories of products containing additive organohalogen flame retardants to be "banned hazardous substances." Specifically, the request asked the Commission to declare that:

-any durable infant or toddler product, children's toy, childcare article, or other children's product (other than children's car seats) that contains additive organohalogen flame retardants, is a "banned hazardous substance";

-any article of upholstered furniture sold for use in residences and containing additive organohalogen flame retardants is a "hazardous substance" and a "banned hazardous substance";

-any mattress or mattress pad with additive organohalogen flame retardants is a "hazardous substance" and a banned hazardous substance"; and

-any electronic device with additive organohalogen flame retardants in its plastic casing is a "hazardous substance" and a "banned hazardous substance."

The Commission requested comments on the petition. The comment period was extended to January 19, 2016. The Commission held a public hearing and heard oral presentations on the petition on December 9, 2015. Staff prepared a briefing package for Commission consideration. The Commission held another public hearing on September 14, 2017, for oral presentations. The Commission voted to grant the petition on September 20, 2017, and directed staff to convene a Chronic Hazard Advisory Panel (CHAP) to assess the risks to consumers’ health and safety from the use of OFRs, as a class of chemicals, consistent with the Federal Hazardous Substances Act, in the four groups of products. The Commission further directed staff to complete a scoping and feasibility study in cooperation with the National Academy of Sciences (NAS) of the direction given by the Commission on September 20, 2017, to convene a CHAP. Based on analysis and findings of the NAS and subsequent CHAP, staff will prepare a proposed rule briefing package for Commission consideration.