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CPSC RIN: 3041-AD49 Publication ID: Fall 2024 
Title: Petition for Rulemaking for Various Products Containing Organohalogen Flame Retardants 
Abstract:

The Commission received a petition requesting that the Commission initiate rulemaking under the Federal Hazardous Substances Act (FHSA) to declare several categories of products containing additive organohalogen flame retardants (OFRs) to be "banned hazardous substances." The Commission requested comments on the petition and heard oral presentations in a public hearing. The Commission voted to grant the petition 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 FHSA, 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). In July 2020, staff delivered a report to the Commission proposing a plan for collecting and analyzing data to perform risk assessments of specific products containing OFRs. Completed risk assessments, consisting of toxicological hazard assessments and exposure assessments, will provide information for proceeding with the preparation of a proposed rule briefing package for Commission consideration. In 2021, staff initiated multiple tasks under the multi-year plan and completed a status report to the Executive Director. In fiscal year 2022, staff continued research and data-collection tasks, received completed reports from contractors addressing OFR chemicals markets and uses, and initiated analyses of certain data to support hazard and exposure evaluations of chemicals and chemical classes. In fiscal year 2022, staff continued work with contractors, and the Division of Translational Toxicology of the National Institute of Environmental Health Sciences, U.S. Department of Health and Human Services, on literature searches for toxicity, exposure, and risk data on at least 10 of the 14 OFR identified subclasses and began analyses of OFR metabolism and exposure data. In fiscal years 2023-2024, literature surveys on 12 subclasses, a biomonitoring exposure assessment on a data-rich subclass, and scope documents on all 14 subclasses were completed, as well as all supporting files and reports were posted to the CPSC website. In fiscal year 2024, staff continued work needed to complete evaluation of literature for exposure data, and to complete toxicity and exposure assessments for OFR subclasses, including continued work to complete a class-based risk assessment pilot, incorporating a class-based exposure assessment pilot, class-based hazard assessment pilot, class-based potency assessment pilot, and class-based risk characterization pilot.

 
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 
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
Timetable:
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  84 FR 34372   
Staff Sends Report to Commission  07/01/2020 
Data Analysis and/or Technical Review  09/00/2025 
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:
Charles Bevington
Project Manager, Directorate for Health Sciences
Consumer Product Safety Commission
5 Research Place,
Rockville, MD 20850
Phone:301 987-2009
Email: cbevington@cpsc.gov