41400 Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket Number: CPSC–2009–0063] 

Notice of Availability of a Statement of 

Policy: Testing of Component Parts 

With Respect to Section 108 of the 

Consumer Product Safety 

Improvement Act 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of availability. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘Commission’’) is 

announcing the availability of a 

document titled, ‘‘Statement of Policy: 

Testing of Component Parts With 

Respect to Section 108 of the Consumer 

Product Safety Improvement Act’’ 

(‘‘Statement of Policy’’). Section 108 of 

the Consumer Product Safety 

Improvement Act of 2008 (‘‘CPSIA’’) 

prohibits the sale of certain products 

containing specified phthalates. The 

Statement of Policy establishes the 

Commission’s position with respect to 

testing products to determine whether 

they contain phthalates in excess of the 

statutory limits. 

DATES: Submit written or electronic 

comments on the Statement of Policy by 

September 16, 2009. 

ADDRESSES: The Statement of Policy is 

available from the Commission’s Web 

site at http://www.cpsc.gov/about/cpsia/ 

componenttestingpolicy.pdf. Copies also 

may be obtained from the Consumer 

Product Safety Commission, Office of 

the Secretary, Room 502, 4330 EastWest Highway, Bethesda, Maryland 

20814; 301–504–7923. 

You may submit comments, identified 

by Docket No. CPSC–2009–0063, by any 

of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

To ensure timely processing of 

comments, the Commission is no longer 

accepting comments submitted by 

electronic mail (e-mail) except through 

http://www.regulations.gov. 

Written Submissions 

Submit written submissions in the 

following way: 

Mail/Hand delivery/Courier (for 

paper, disk, or CD–ROM submissions), 

preferably in five copies, to: Office of the 

Secretary, Consumer Product Safety 

Commission, Room 502, 4330 East West 

Highway, Bethesda, MD 20814; 

telephone (301) 504–7923. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. All 

comments received may be posted 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to 

http://www.regulations.gov. Do not 

submit confidential business 

information, trade secret information, or 

other sensitive or protected information 

electronically. Such information should 

be submitted in writing. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michael A. Babich, PhD, Consumer 

Product Safety Commission, 4330 East 

West Highway, Bethesda, MD 20814; 

telephone (301) 504–7253; 

mbabich@cpsc.gov. 

SUPPLEMENTARY INFORMATION: On August 

14, 2008, the CPSIA (Pub. L. 110–314) 

was enacted. Section 108 of the CPSIA, 

titled ‘‘Prohibition on Sale of Certain 

Products Containing Specified 

Phthalates,’’ permanently prohibits the 

sale of any ‘‘children’s toy or child care 

article’’ containing more than 0.1 

percent of three specified phthalates (di- 

(2-ethylhexyl) phthalate (DEHP), dibutyl 

phthalate (DBP), and benzyl butyl 

phthalate (BBP)). Section 108 of the 

CPSIA also prohibits, on an interim 

basis, ‘‘toys that can be placed in a 

child’s mouth’’ or ‘‘child care articles’’ 

containing more than 0.1 percent of 

three additional phthalates (diisononyl 

phthalate (DINP), diisodecyl phthalate 

(DIDP), and di-n-octyl phthalate 

(DnOP)). These prohibitions became 

effective on February 10, 2009. 

The terms ‘‘children’s toy,’’ ‘‘toy that 

can be placed in a child’s mouth,’’ and 

‘‘child care article’’ are defined in 

section 108 of the CPSIA. For example, 

section 108 of the CPSIA defines a 

‘‘children’s toy’’ 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.’’ It is noteworthy that the 

definition uses the term ‘‘consumer 

product’’ because section 3(a)(5) of the 

Consumer Product Safety Act (CPSA) 

defines ‘‘consumer product,’’ in relevant 

part, as ‘‘any article, or component part 

thereof, produced or distributed (i) for 

sale to a consumer for use in or around 

a permanent or temporary household or 

residence, a school, in recreation, or 

otherwise, or (ii) for the personal use, 

consumption or enjoyment of a 

consumer in or around a permanent or 

temporary household or residence, a 

school, in recreation, or otherwise 

* * *’’ 

In the Federal Register of February 

23, 2009 (74 FR 8058), the Commission 

published a notice of availability 

regarding a draft guidance discussing 

which children’s products are subject 

section 108 of the CPSIA. The notice 

invited comment on various questions 

and also on the Commission’s test 

method for phthalates. The test method 

(Test Method: CPSC–CH–C1001–09.1, 

‘‘Standard Operating Procedure for 

Determination of Phthalates,’’ dated 

March 3, 2009) generated some 

controversy in that it suggested testing 

the entire product or testing 

components and then mathematically 

combining the results. 

The Commission has reexamined the 

question of product testing and has 

prepared a document titled ‘‘Statement 

of Policy: Testing of Component Parts 

with Respect to section 108 of the 

Consumer Product Safety Improvement 

Act.’’ The Statement of Policy describes 

the Commission’s position regarding 

component testing, and the Commission 

has posted a new test method, Test 

Method: CPSC–CH–C1001–09.2, 

‘‘Standard Operating Procedure for 

Determination of Phthalates,’’ dated July 

27, 2009 on the Commission’s Web site 

at http://www.cpsc.gov/about/cpsia/ 

CPSC–CH–C1001–09.2.pdf. The 

Statement of Policy is available on the 

Commission’s Web site at http:// 

www.cpsc.gov/about/cpsia/ 

componenttestingpolicy.pdf and from 

the Commission’s Office of the Secretary 

at the location listed in the ADDRESSES

section of this notice. 

The Commission invites comment on 

the Statement of Policy. Comments 

should be submitted by September 16, 

2009. Information on how to submit 

comments can be found in the 

ADDRESSES section of this notice. 

Dated: August 10, 2009. 

Todd Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. E9–19664 Filed 8–14–09; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF EDUCATION 

Submission for OMB Review; 

Comment Request 

AGENCY: Department of Education. 

SUMMARY: The Director, Information 

Collection Clearance Division, 

Regulatory Information Management 

Services, Office of Management invites 

comments on the submission for OMB 

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