Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 28983 

and Fort Sill, Fort Sill, OK,’’ and adding 

in its place: 

Using agency. U.S. Army, U.S. Army 

Fires Center of Excellence (USAFCOE), 

Fort Sill, OK. 

R–5601E Fort Sill, OK [Amended] 

* * * * * 

By removing ‘‘Using agency. U.S. 

Army, Commanding General, U.S. Army 

Fires Center of Excellence (USAFCOE) 

and Fort Sill, Fort Sill, OK,’’ and adding 

in its place: 

Using agency. U.S. Army, U.S. Army 

Fires Center of Excellence (USAFCOE), 

Fort Sill, OK. 

R–5601F Fort Sill, OK [Amended] 

Boundaries. Beginning at lat. 

34°46′24′′ N, long. 98°52′00′′ W; thence 

clockwise via the 49 NM arc of the 

Wichita Falls VORTAC to lat. 34°46′39′′ 

N, long. 98°50′53′′ W; to lat. 34°43′46′′ 

N, long. 98°49′55′′ W; thence clockwise 

via the 46 NM arc of the Wichita Falls 

VORTAC to lat. 34°45′03′′ N, long. 

98°29′44′′ W; to lat. 34°43′30′′ N, long. 

98°35′40′′ W; to lat. 34°45′00′′ N, long. 

98°40′31′′ W; to lat. 34°42′15′′ N, long. 

98°50′01′′ W; to the point of beginning. 

Excluding that airspace below 5,500 feet 

MSL beginning at lat. 34°44′28′′ N, long. 

98°46′16′′ W; thence clockwise via the 

46 NM arc of the Wichita Falls VORTAC 

to lat. 34°45′03′′ N, long. 98°29′44′′ W; 

to lat. 34°43′30′′ N, long. 98°35′40′′ W; 

to lat. 34°45′00′′ N, long. 98°40′31′′ W; 

to lat. 34°43′09′′ N, long. 98°46′56′′ W; 

to the point of beginning. 

Designated altitudes. 500 feet AGL to 

FL 400. Times of designation. Sunrise to 

2200 local time, Monday–Friday; other 

times by NOTAM. Controlling agency. 

FAA, Fort Worth ARTCC. Using agency. 

U.S. Army, U.S. Army Fires Center of 

Excellence (USAFCOE), Fort Sill, OK. 

R–5601G Fort Sill, OK [Amended] 

* * * * * 

By removing the boundary geographic 

point ‘‘lat. 34°45′03′′ N, long. 98°29′46′′ 

W’’ and adding in its place ‘‘lat. 

34°45′03′′ N, long. 98°29′44′′ W.’’ 

By removing ‘‘Using agency. U.S. 

Army, Commanding General, U.S. Army 

Fires Center of Excellence (USAFCOE) 

and Fort Sill, Fort Sill, OK,’’ and adding 

in its place: 

Using agency. U.S. Army, U.S. Army 

Fires Center of Excellence (USAFCOE), 

Fort Sill, OK. 

R–5601H Fort Sill, OK [Amended] 

* * * * * 

By removing ‘‘Using agency. U.S. 

Army, Commanding General, U.S. Army 

Fires Center of Excellence (USAFCOE) 

and Fort Sill, Fort Sill, OK,’’ and adding 

in its place: 

Using agency. U.S. Army, U.S. Army 

Fires Center of Excellence (USAFCOE), 

Fort Sill, OK. 

R–5601J Fort Sill, OK [New] 

Boundaries. Beginning at lat. 

34°45′03′′ N, long. 98°29′44′′ W; to lat. 

34°46′15′′ N, long. 98°25′01′′ W; to lat. 

34°47′00′′ N, long. 98°17′46′′ W; to lat. 

34°46′45′′ N, long. 98°17′01′′ W; to lat. 

34°46′06′′ N, long. 98°17′01′′ W; to lat. 

34°46′06′′ N, long. 98°21′01′′ W; to lat. 

34°43′45′′ N, long. 98°21′01′′ W; to lat. 

34°43′30′′ N, long. 98°21′21′′ W; to lat. 

34°43′30′′ N, long. 98°35′40′′ W; to the 

point of beginning. Excluding that 

airspace below 5,500 feet MSL 

beginning at lat. 34°43′30′′ N, long. 

98°35′40′′ W; to lat. 34°44′48′′ N, long. 

98°30′45′′ W; to lat. 34°43′30′′ N, long. 

98°30′00′′ W; to the point of beginning; 

and that airspace below 3,500 feet MSL 

within a 1 NM radius of lat. 34°46′46′′ 

N, long. 98°17′46′′ W. 

Designated altitudes. 500 feet AGL to 

FL 400. Times of designation. Sunrise to 

2200 local time, Monday–Friday; other 

times by NOTAM. Controlling agency. 

FAA, Fort Worth ARTCC. Using agency. 

U.S. Army, U.S. Army Fires Center of 

Excellence (USAFCOE), Fort Sill, OK. 

Issued in Washington, DC, on June 13, 

2018. 

Scott J. Gardner, 

Acting Manager, Airspace Policy Group. 

[FR Doc. 2018–13375 Filed 6–21–18; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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: slee@

cpsc.gov. 

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 CPSCaccepted 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 


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28984 Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 

1ASTM 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. 

2The 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. 

3A ‘‘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. 

4ASTM 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. 

5The 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. 

6http://www.cpsc.gov/PageFiles/169902/CHAPREPORT-With-Appendices.pdf. 

7Test 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. 

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 CPSCaccepted 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

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.’’ 

TABLE 1—MAXIMUM SOLUBLE MIGRATED ELEMENT IN ppm (mg/kg) 

FOR SURFACE COATINGS AND SUBSTRATES INCLUDED AS PART OF A

TOY

Elements 

Solubility 

limit 

(ppm) 5

Antimony (Sb) ........................... 60 

Arsenic (As) .............................. 25 

Barium (Ba) .............................. 1000 

Cadmium (Cd) .......................... 75 

Chromium (Cr) .......................... 60 

Lead (Pb) .................................. 90 

Mercury (Hg) ............................. 60 

Selenium (Se) ........................... 500 

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. 

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: 

• 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. 

To alleviate some of the third party 

testing burdens associated with plastics 

in the accessible component parts of 


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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 28985 

8After 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. 

9http://www.cpsc.gov/Global/Research-andStatistics/TechnicalReports/Toys/TERAReport

ASTMElements.pdf. 

10 80 FR 78651 (Dec. 17, 2015). 

11http://www.cpsc.gov//Global/Research-andStatistics/Technical-Reports/Other%20Technical

%20Reports/TERAReportPhthalates.pdf. 

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 highimpact 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. 

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). 

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. 

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: 

• 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 nonconsumer 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] 

Phthalate CASRN 12

* 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. 


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28986 Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 

12A CAS Registry Number is assigned to a 

substance when it enters the CAS REGISTRY 

database. https://www.cas.org/content/chemicalsubstances/faqs. 

13https://www.cpsc.gov/s3fs-public/ 

ManufacturedWoodsTERATask14Report.pdf. 

14The 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 2—PHTHALATES RESEARCHED IN THE TASK 11 REPORT—Continued 

[* Prohibited phthalates under 16 CFR part 1307] 

Phthalate CASRN 12

* DCHP: dicyclohexyl phthalate ...................................................................................................................................... 84–61–7. 

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. 

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: 

• 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

TABLE 3—PHTHALATES RESEARCHED IN THE TASK 14 REPORT

[* Prohibited phthalates under 16 CFR part 1307] 

Phthalate CASRN 

* 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. 

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. ‘‘Postconsumer 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 


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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), ureaformaldehyde, melamine-ureaformaldehyde, polymeric methylenediphenyl-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 phenolresorcinol-formaldehyde (likely for use 

in structural plywood but potential for 

application to hardwood plywood), 

urea-formaldehyde, melamineformaldehyde, or melamine-ureaformaldehyde, 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 mediumdensity fiberboard. 

Aside from the studies on recycled 

wood waste that may contain postconsumer wood waste or postmanufacturing 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), methylenediphenyl-diisocyanate (pMDI), 

melamine-formaldehyde, or melamineurea-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 postconsumer wood waste or postmanufacturing 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 lowvalue 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 


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15Ecolabel 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. 

16Twenty-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. 

17Wang 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. 

18The 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.’’ 

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

TERA concluded that, with an 

increased interest and use of postconsumer 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. 

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. 

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 


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19https://www.cpsc.gov/s3fs-public/pdfs/blk_

media_componenttestingpolicy.pdf. 

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 postconsumer 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 postconsumer 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. 

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, § 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 mediumdensity 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 


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28990 Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 

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 CPSCaccepted 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 


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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 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. 

■ 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). 

§ 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 


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28992 Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 

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. 

§ 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. 

§ 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 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Docket No. SSA–2018–0021] 

RIN 0960–AI36 

Extension of Sunset Date for Attorney 

Advisor Program 

AGENCY: Social Security Administration. 

ACTION: Final rule. 

SUMMARY: We are extending for one year 

our rule authorizing attorney advisors to 

conduct certain prehearing proceedings 

and to issue fully favorable decisions. 

The current rule is scheduled to expire 

on August 3, 2018. In this final rule, we 

are extending the sunset date to August 

2, 2019. We are making no other 

substantive changes. 

DATES: This final rule is effective June 

22, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Susan Swansiger, Office of Hearings 

Operations, Social Security 

Administration, 5107 Leesburg Pike, 

Falls Church, VA 22041, (703) 605– 

8500. For information on eligibility or 

filing for benefits, call our national tollfree number, 800–772–1213 or TTY 

800–325–0778, or visit our internet site, 

Social Security Online, at http://

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Background of the Attorney Advisor 

Program 

On August 9, 2007, we issued an 

interim final rule permitting some 

attorney advisors to conduct certain 

prehearing proceedings and issue fully 

favorable decisions when the 

documentary record warrants doing so. 

72 FR 44763. We instituted this practice 

to provide more timely service to the 

increasing number of applicants for 

Social Security disability benefits and 

Supplemental Security Income 

payments based on disability. We 

considered the public comments we 

received on the interim final rule, and 

on March 3, 2008, we issued a final rule 

without change. 73 FR 11349. Under 

this rule, some attorney advisors may 


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