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CPSC RIN: 3041-AD49 Publication ID: Fall 2019 
Title: Petition for Rulemaking for Various Products Containing Organohalogen Flame Retardants 

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 (OFRs) to be "banned hazardous substances." Specifically, the request asked the Commission to declare that:

-Any durable infant or toddler product, children's toy, child care 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 after completing the toxicological hazard assessment, exposure assessment, and risk assessment for organohalogen flame retardants on a class basis.


Agency: Consumer Product Safety Commission(CPSC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
EO 13771 Designation: Independent agency 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 15 U.S.C. 1262   
Legal Deadline:  None
Action Date FR Cite
Petition Docketed  08/05/2015 
Notice for Comment Published in Federal Register  08/19/2015  80 FR 50238   
Comment Period End  10/19/2015 
Comment Period Extended  10/26/2015  80 FR 65174   
Public Hearing for Oral Comments  12/09/2015 
Extended Comment Period End  01/19/2016 
Staff Sends Petition Briefing Package to Commission  05/24/2017 
Notice of Public Hearing for Oral Comments  08/07/2017  82 FR 36705   
Public Hearing for Oral Comments  09/14/2017 
Commission Decision  09/20/2017 
NAS Completed Feasibility and Scoping Study  05/03/2019 
Publish Hearing for NAS to Present the Report  07/24/2019 
Staff Sends Briefing Package to the Commission  11/00/2019 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Kristina M. Hatlelid Ph.D.
Project Manager
Consumer Product Safety Commission
Directorate for Health Sciences, 5 Research Place,
Rockville, MD 20850
Phone:301 987-2558