Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules 45297 

[FR Doc. 2012–18644 Filed 7–30–12; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1199 

[Docket No. CPSC–2012–0040] 

Children’s Toys and Child Care 

Articles Containing Phthalates; 

Proposed Guidance on Inaccessible 

Component Parts 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Proposed guidance. 

SUMMARY: On August 14, 2008, Congress 

enacted the Consumer Product Safety 

Improvement Act of 2008 (CPSIA), 

Public Law 110–314. Section 108 of the 

CPSIA, as amended by Public Law 112– 

28, provides that the prohibition on 

specified products containing 

phthalates does not apply to any 

component part of children’s toys or 

child care articles that is not accessible 

to a child through normal and 


emcdonald on DSK67QTVN1PROD with PROPOSALSEP31JY12.000</GPH>
45298 Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules 

reasonably foreseeable use and abuse of 

such product. In this document, the 

Consumer Product Safety Commission 

(CPSC or Commission) proposes 

guidance on inaccessible component 

parts in children’s toys or child care 

articles subject to section 108 of the 

CPSIA. 

DATES: Written comments and 

submissions in response to this notice 

must be received by October 1, 2012 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2012– 

0040, 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 (email) except through 

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, 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 proposed 

guidance. 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: 

Kristina M. Hatlelid, Ph.D., M.P.H., 

Toxicologist, Office of Hazard 

Identification and Reduction, U.S. 

Consumer Product Safety Commission, 

4330 East-West Highway, Bethesda, MD 

20814; telephone (301) 504–7254; 

khatlelid@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

1. Prohibition on Certain Phthalates 

On August 14, 2008, Congress enacted 

the CPSIA (Pub. L. 110–314), as 

amended on August 12, 2011, by Public 

Law 112–28. 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 article’’ 

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. 15 

U.S.C. 2057c(a), (b). The terms or 

phrases ‘‘children’s toy,’’ ‘‘toy that can 

be placed in a child’s mouth,’’ and 

‘‘child care article,’’ are defined in 

section 108(g) of the CPSIA. A 

‘‘children’s toy’’ is defined 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.’’ A toy can 

be placed in a child’s mouth ‘‘if any part 

of the toy can actually be brought to the 

mouth and kept in the mouth by a child 

so that it can be sucked and chewed. If 

the children’s product can only be 

licked, it is not regarded as able to be 

placed in the mouth. If a toy or part of 

a toy in one dimension is smaller than 

5 centimeters, it can be placed in a 

child’s mouth.’’ The term ‘‘child care 

article’’ means ‘‘a consumer product 

designed or intended by the 

manufacturer to facilitate sleep or the 

feeding of children age 3 and younger, 

or to help such children with sucking or 

teething.’’ 15 U.S.C. 2057c(g). 

Section 108 of the CPSIA also 

directed the Commission, not earlier 

than 180 days after the date of 

enactment of this Act [enacted Aug. 14, 

2008], to appoint a Chronic Hazard 

Advisory Panel (CHAP), pursuant to the 

procedures of section 28 of the CPSA 

(15 U.S.C. 2077), 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 Commission 

appointed the CHAP on April 14, 2010, 

to study the effects on children’s health 

of all phthalates and phthalate 

alternatives, as used in children’s toys 

and child care articles. The CHAP 

currently is working on a report, 

including recommendations to the 

Commission. 

2. Inaccessible Component Parts and the 

Phthalates Prohibition 

Public Law 112–28 amended section 

108(d) of the CPSIA to provide an 

exclusion for certain products 

containing inaccessible phthalates 

component parts. That section states: 

The prohibitions * * * shall not apply to 

any component part of a children’s toy or 

child care article that is not accessible to a 

child through normal and reasonably 

foreseeable use and abuse of such product, as 

determined by the Commission. A 

component part is not accessible under this 

paragraph if such component part is not 

physically exposed by reason of a sealed 

covering or casing and does not become 

physically exposed through reasonably 

foreseeable use and abuse of the product. 

Reasonably foreseeable use and abuse shall 

include swallowing, mouthing, breaking, or 

other children’s activities, and the aging of 

the product. 

15 U.S.C. 2057c(d)(1). 

The Commission was directed within 

1 year after the date of enactment of 

Public Law 112–28 [enacted August 12, 

2011] to: (A) Promulgate a rule 

providing guidance with respect to what 

product components, or classes of 

components, will be considered to be 

inaccessible; or (B) adopt the same 

guidance with respect to inaccessibility 

that was adopted by the Commission 

with regards to accessibility of lead 

under section 101(b)(2)(B) (15 U.S.C. 

1278a(b)(2)(B)), with additional 

consideration, as appropriate, of 

whether such component can be placed 

in a child’s mouth. 15 U.S.C. 

2057c(d)(3). 

The exclusion for inaccessible 

component parts for phthalates mirrors 

the language on inaccessible parts in the 

CPSIA with regard to the limits on lead 

content in children’s products. The 

interpretative rule on lead provided that 

a component part is not accessible if it 

is not physically exposed by reason of 

a sealed covering or casing and does not 

become physically exposed through 

reasonably foreseeable use and abuse of 

the product including swallowing, 

mouthing, breaking, or other children’s 

activities, and the aging of the product. 

15 U.S.C. 1278a(b)(2). However, paint, 

coatings, or electroplating could not be 

considered to be a barrier that would 

render lead in the substrate to be 

inaccessible to a child. 15 U.S.C. 

1278a(b)(3). Section 108 did not 

specifically disqualify paint, coatings, or 

electroplating as barriers that would 

render phthalates inaccessible. Because 

the Commission proposes to adopt the 

same guidance with respect to 


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Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules 45299 

inaccessibility for phthalates that was 

adopted by the Commission with regard 

to inaccessibility of lead, the proposed 

guidance states that paint, coatings, and 

electroplating may not be considered a 

barrier that would render phthalatecontaining component parts of toys and 

child care articles inaccessible. 

Moreover, in some applications, 

phthalates are added to paint, printing 

inks, or coatings. However, the 

Commission seeks comments, 

information, and data regarding whether 

certain paint, coatings, or electroplating 

could ever be considered a barrier in the 

context of phthalates, and whether such 

materials could result in sealed covering 

or casing that would not become 

physically exposed through reasonably 

foreseeable use and abuse of the 

product. 

In addition, Public Law 112–28 also 

includes a provision for phthalates, 

which is not contained in the statutory 

requirements for assessing 

inaccessibility for lead in children’s 

products. Under section 108(d)(2) of the 

CPSIA, the Commission may revoke any 

or all exclusions granted based on the 

inaccessible component parts provision 

of section 108 of the CPSIA, at any time, 

and require that any or all component 

parts manufactured after such exclusion 

is revoked, comply with the 

prohibitions of phthalates, if the 

Commission finds, based on scientific 

evidence, that such compliance is 

necessary to protect the public health or 

safety. 15 U.S.C. 2057c(d)(2). 

B. Proposed Guidance for Inaccessible 

Component Parts in Phthalates 

The Commission’s interpretive rule 

regarding inaccessible component parts 

with respect to lead content was 

published in the Federal Register on 

August 7, 2009 (74 FR 39535) and 

codified at 16 CFR 1500.87 (Children’s 

products containing lead: Inaccessible 

component parts). The Commission 

proposes to adopt the lead guidance 

with respect to inaccessibility for 

phthalates, with the exception of 

polyvinyl chloride (PVC or vinyl) or 

other plasticized materials covering 

mattresses and other sleep surfaces 

designed or intended by the 

manufacturer to facilitate sleep of 

children age 3 and younger. 

Accordingly, this proposed guidance 

would adopt the same definitions and 

tests used in the interpretative rule 

regarding inaccessibility of leadcontaining parts. An ‘‘accessible 

component part’’ is one that a child may 

touch, and an ‘‘inaccessible component 

part’’ is one that is located inside the 

product, and cannot be touched by a 

child, even if such a part is visible to a 

user of the product. An accessible 

component is defined as one where 

children may contact a lead-containing 

component part with their fingers or 

tongues. The tests to determine whether 

parts are accessible are identical to 

those already in use by the Commission 

for addressing sharp points and sharp 

metal or glass edges on toys or other 

articles intended for use by children. 

The Commission’s regulations under 16 

CFR 1500.48–1500.49 provide specific 

technical requirements for determining 

accessibility of sharp points or edges 

through the use of accessibility probes. 

These sections provide that an 

accessible sharp point or edge is present 

in the product if the test indicates that 

any part of the specified portion of the 

accessibility probe contacts the sharp 

part. Thus, an ‘‘accessible component 

part’’ of a children’s product is defined 

as one that can be contacted by any part 

of the specified portion of the 

accessibility probe. The regulations at 

16 CFR 1500.48–49 provide that a test 

for accessibility of sharp points or edges 

shall be applied before and after use and 

abuse tests, referencing 16 CFR 1500.50 

through 1500.53 (excluding the bite 

test—paragraph (c) of 16 CFR 1500.51– 

1500.53). 

Use and abuse testing may also be 

used to evaluate accessibility of 

phthalate-containing component parts 

of children’s toys and child care articles 

as a result of normal and reasonably 

foreseeable use and abuse of the 

product. The scope of the use and abuse 

testing regulations does not cover 

products for children over 96 months of 

age. However, a ‘‘children’s toy’’ is 

defined 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.’’ Therefore, the proposed 

guidance for the testing of products for 

determining accessibility based on the 

use and abuse tests will be extended to 

children older than 96 months of age 

and up through age 12 years. This 

proposed guidance provides that the 

testing indicated for products for 

children aged 37–96 months of age 

should also be used to evaluate the 

products for children up through age 12 

years. Further, as children 12 years of 

age or younger grow and mature, they 

become, in many respects, 

indistinguishable from children older 

than 12 years, and even adults. 

Consequently, the intentional 

disassembly or destruction of products 

by children older than age 8 years, by 

means or knowledge not generally 

available to younger children, should 

not be considered in evaluating 

products for accessibility of phthalatecontaining components. For example, 

accessibility arising from the use of 

tools, such as a screwdriver, should not 

be considered in accessibility and use 

and abuse testing. 

The interpretive rule on lead also 

specified that a lead-containing part of 

a children’s product that is enclosed or 

covered by fabric is to be considered 

inaccessible to a child, unless the 

product, or part of the product, in one 

dimension, is smaller than 5 

centimeters. This provision addressed 

the possibility that a fabric covering is 

not a suitable barrier to the potential 

transfer of lead from the part to a child, 

if the part can be placed in a child’s 

mouth. As is the case with lead, a fabric 

covering may not be a suitable barrier to 

the potential transfer of phthalates from 

a product or component part to a child, 

if the part can be placed in a child’s 

mouth. If the product can be mouthed, 

the chemical that is present could mix 

with saliva that soaks through the fabric 

and then be transferred back into a 

child’s mouth during further mouthing 

activity. With the exception of certain 

vinyl (or other plasticized material) 

covered mattresses/sleep surfaces, as 

discussed further below, a children’s toy 

or child care article that is, or contains, 

a phthalate-containing part that is 

enclosed, encased, or covered by fabric, 

and passes the appropriate use and 

abuse tests on such covers and parts, 

would be considered to be inaccessible 

to a child, unless the product or part of 

the product, in one dimension, is 

smaller than 5 centimeters. Such fabriccovered items (including dolls, or plush 

toys with internal plasticized structural 

parts or housing for electronic parts) 

should be evaluated for the integrity of 

the coverings, including seams, using 

the appropriate use and abuse tests at 16 

CFR 1500.50 through 1500.53 

(excluding the bite test—paragraph (c) 

of 16 CFR 1500.51–1500.53). In 

addition, because the material beneath a 

fabric covering would be considered to 

be accessible to a child in the case that 

mouthing or swallowing of the part may 

occur, use and abuse testing should be 

used to evaluate the potential for small 

components to be removed from 

products, using the appropriate tests at 

16 CFR 1500.50 through 1500.53 

(excluding the bite test—paragraph (c) 

of 16 CFR 1500.51–1500.53). 

Section 108(d)(3)(B) provides that if 

the Commission elects to adopt the 

same guidance with respect to 

inaccessibility that was adopted by the 

Commission with regard to accessibility 

of lead under section 101(b)(2)(B) of the 

CPSIA, the Commission must give 

‘‘additional consideration, as 


emcdonald on DSK67QTVN1PROD with PROPOSALS
45300 Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules 

1U.S. EPA (Environmental Protection Agency). 

(2011) Exposure factors handbook: 2011 Edition. 

National Center for Environmental Assessment, 

Washington, DC; EPA/600/R–09/052F. Available 

from the National Technical Information Service, 

Springfield, VA, and online at http://www.epa.gov/ 

ncea/efh. 

appropriate, of whether such 

component can be placed in a child’s 

mouth.’’ 15 U.S.C. 2057c(d)(3). 

Accordingly, with respect to child care 

articles, the Commission reviewed 

phthalate-containing vinyl or other 

plasticized materials covering 

mattresses and sleep surfaces designed 

or intended by the manufacturer to 

facilitate sleep of children age 3 and 

younger that have removable fabric 

covers. These mattresses or sleep 

surfaces are too large to be placed in a 

child’s mouth. Although such 

mattresses or sleep surfaces may be 

covered by fabric, such as sheets or 

mattress pads, additional consideration 

was given to whether children would 

become physically exposed to the vinyl 

or other plasticized materials covering 

the surface through reasonably 

foreseeable use and abuse of the 

products, including swallowing, 

mouthing, breaking, or other children’s 

activities, and the aging of the product. 

15 U.S.C. 2057c(d)(1). There may be 

instances in which a child’s skin comes 

into close contact with a fabric covering 

over a phthalate-containing item for 

large portions of a day, such as a vinyl 

or other plasticized material covering a 

mattress or other sleep surface. Young 

children typically spend more than half 

of each day sleeping or resting, likely on 

a mattress or similar item.1 While a 

mattress is typically covered with a 

sheet or mattress pad, such nonpermanently affixed coverings, that are 

either supplied with the mattress or 

provided by the consumer, should not 

be considered to render the underlying 

material inaccessible. As with the 

potential transfer of phthalates by saliva 

during mouthing of an item, a mattress 

cover dampened with a spilled 

beverage, saliva, sweat, urine, or other 

liquid, could facilitate phthalate 

migration through the fabric. 

Furthermore, a nonpermanent covering 

cannot be assumed to be in use at all 

times; if it is not, the mattress could no 

longer be considered inaccessible. For 

these reasons, vinyl (or other plasticized 

material) covered mattresses/sleep 

surfaces, which contain phthalates, 

designed or intended by a manufacturer 

to facilitate sleep for children age 3 and 

younger, should not be considered to be 

made inaccessible through the use of a 

fabric covering. 

The Commission appointed the CHAP 

on April 14, 2010, to study the effects 

on children’s health of all phthalates 

and phthalate alternatives, as used in 

children’s toys and child care articles. 

Currently, the CHAP is working on a 

report, including recommendations to 

the Commission. Accordingly, any 

guidance concerning phthalates may be 

modified and revised, as appropriate, 

based on the findings and 

recommendations of the CHAP. 

C. Effective Date 

The Commission was directed to 

provide guidance on phthalatecontaining inaccessible component 

parts by August 12, 2012. Although 

guidance documents do not require a 

particular effective date under the 

Administrative Procedure Act, 5 U.S.C. 

553(d)(2), the Commission recognizes 

the need for providing the guidance 

expeditiously. Accordingly, the 

proposed guidance would take effect 

upon publication of a final guidance in 

the Federal Register. 

List of Subjects in 16 CFR Part 1199 

Business and industry, Infants and 

children, Consumer protection, Imports, 

Toys. 

D. Conclusion 

For the reasons stated above, the 

Commission proposes to add 16 CFR 

part 1199, as follows: 

PART 1199—CHILDREN’S TOYS AND 

CHILD CARE ARTICLES CONTAINING 

PHTHALATES: GUIDANCE ON 

INACCESSIBLE COMPONENT PARTS 

Authority: 15 U.S.C. 1251–1289, 86 Stat. 

1207, 125 Stat. 273. 

§ 1199 Children’s Toys and Child Care 

Articles: Phthalate-Containing Inaccessible 

Component Parts. 

(a) Section 108 of the Consumer 

Product Safety Improvement Act of 

2008 (CPSIA) 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 article’’ 

containing more than 0.1 percent of 

three additional phthalates (diisononyl 

phthalate (DINP), diisodecyl phthalate 

(DIDP), and di-n-octyl phthalate 

(DnOP)). A ‘‘children’s toy’’ is defined 

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. A toy can 

be placed in a child’s mouth if any part 

of the toy can actually be brought to the 

mouth and kept in the mouth by a child 

so that it can be sucked and chewed. If 

the children’s product can only be 

licked, it is not regarded as able to be 

placed in the mouth. If a toy or part of 

a toy in one dimension is smaller than 

5 centimeters, it can be placed in the 

mouth. The term ‘‘child care article’’ 

means a consumer product designed or 

intended by the manufacturer to 

facilitate sleep or the feeding of children 

age 3 and younger, or to help such 

children with sucking or teething. 

(b) Section 108(d) of the CPSIA 

provides that the prohibitions in 

paragraph (a) do not apply to 

component parts of a children’s toy or 

child care article that are not accessible 

to children through normal and 

reasonably foreseeable use and abuse of 

such product, as determined by the 

Commission. A component part is not 

accessible if it is not physically 

exposed, by reason of a sealed covering 

or casing, and does not become 

physically exposed through reasonably 

foreseeable use and abuse of the 

product, including swallowing, 

mouthing, breaking, or other children’s 

activities, and the aging of the product. 

(c) Section 108(d)(3) of the CPSIA 

directs the Commission to promulgate, 

by August 12, 2012, a rule to provide 

guidance with respect to what product 

components or classes of components 

will be considered to be inaccessible for 

a children’s toy or child care article that 

contains phthalates or adopt the same 

guidance with respect to inaccessibility 

that was adopted by the Commission 

with regards to accessibility of lead 

under section 101(b)(2)(B) (15 U.S.C. 

1278a(b)(2)(B)), with additional 

consideration, as appropriate, of 

whether such component can be placed 

in a child’s mouth. 15 U.S.C. 

2057c(d)(3). The Commission adopts the 

same guidance with respect to 

inaccessibility for the phthalates that 

was adopted by the Commission with 

regards to accessibility of lead. 

(d) The accessibility probes specified 

for sharp points or edges under the 

Commissions’ regulations at 16 CFR 

1500.48–1500.49 will be used to assess 

the accessibility of phthalate-containing 

component parts of a children’s toy or 

child care article. A phthalatecontaining component part would be 

considered accessible if it can be 

contacted by any portion of the 

specified segment of the accessibility 

probe. A phthalate-containing 

component part would be considered 

inaccessible if it cannot be contacted by 

any portion of the specified segment of 

the accessibility probe. 

(e) For children’s toys or child care 

articles intended for children that are 18 


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Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules 45301 

months of age or younger, the use and 

abuse tests set forth under the 

Commission’s regulations at 16 CFR 

1500.50 and 16 CFR 1500.51 (excluding 

the bite test of 1500.51(c)), will be used 

to evaluate accessibility of phthalatecontaining component parts of a 

children’s toy or child care article as a 

result of normal and reasonably 

foreseeable use and abuse of the 

product. 

(f) For children’s toys or child care 

articles intended for children that are 

over 18 months, but not over 36 months 

of age, the use and abuse tests set forth 

under the Commission’s regulations at 

16 CFR 1500.50 and 16 CFR 1500.52 

(excluding the bite test of 1500.52(c)), 

will be used to evaluate accessibility of 

phthalate-containing component parts 

of a children’s toy or child care article 

as a result of normal and reasonably 

foreseeable use and abuse of the 

product. 

(g) For children’s toys intended for 

children that are over 36 months, but 

not over 96 months of age, the use and 

abuse tests set forth under the 

Commission’s regulations at 16 CFR 

1500.50 and 16 CFR 1500.53 (excluding 

the bite test of 1500.53(c)), will be used 

to evaluate accessibility of phthalatecontaining component parts of a 

children’s toy as a result of normal and 

reasonably foreseeable use and abuse of 

the product. 

(h) For children’s toys intended for 

children over 96 months through 12 

years of age, the use and abuse tests set 

forth under the Commission’s 

regulations at 16 CFR 1500.50 and 16 

CFR 1500.53 (excluding the bite test of 

1500.53(c)) intended for children aged 

37–96 months will be used to evaluate 

accessibility of phthalate-containing 

component parts of a children’s toy as 

a result of normal and reasonably 

foreseeable use and abuse of the 

product. 

(i) Because the Commission proposes 

to adopt the same guidance with respect 

to inaccessibility for phthalates that was 

adopted by the Commission with regard 

to inaccessibility of lead, paint, 

coatings, and electroplating may not be 

considered a barrier that would render 

phthalate-containing component parts 

of toys and child care articles 

inaccessible. A children’s toy or child 

care article that is or contains a 

phthalate-containing part that is 

enclosed, encased, or covered by fabric 

and passes the appropriate use and 

abuse tests on such covers, is 

considered inaccessible to a child, 

unless the product or part of the 

product, in one dimension, is smaller 

than 5 centimeters. However, vinyl (or 

other plasticized material) covered 

mattresses/sleep surfaces which contain 

phthalates that are designed or intended 

by the manufacturer to facilitate sleep of 

children age 3 and younger, are 

considered accessible and would not be 

considered inaccessible through the use 

of fabric coverings, including sheets and 

mattress pads. 

(j) The intentional disassembly or 

destruction of products by children 

older than age 8 years, by means or 

knowledge not generally available to 

younger children, including use of tools, 

will not be considered in evaluating 

products for accessibility of phthalatecontaining components. 

Dated: July 26, 2012. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2012–18620 Filed 7–30–12; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 226 

Establishment of the Osage Negotiated 

Rulemaking Committee 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: On June 18, 2012, the 

Department published a notice of intent 

to establish the Osage Negotiated 

Rulemaking Committee (Committee). 

The Committee will develop specific 

recommendations to address future 

management and administration of the 

Osage Mineral Estate, including 

potential revisions to the regulations 

governing leasing of Osage Reservation 

lands for oil and gas mining at 25 CFR 

part 226. This notice establishes the 

Committee, and announces a public 

meeting of the Committee. 

DATES: Meeting: Tuesday, August 21, 

2012 from 11:00 a.m. to 6:00 p.m. and 

Wednesday, August 22, 2012 from 9:00 

a.m. to 6:00 p.m. (Central Time). 

ADDRESSES: The meetings will be held at 

the Osage Mineral Council, 813 

Grandview Avenue, Pawhuska, OK 

74056. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Impson, Designated Federal 

Officer, Bureau of Indian Affairs, 

Telephone: (918) 781–4600; Fax: (918) 

781–4604, or Email: 

robert.impson@bia.gov. Include the 

words Osage Negotiated Rulemaking in 

the subject line. 

SUPPLEMENTARY INFORMATION: On 

October 14, 2011, the United States and 

the Osage Nation (formerly known as 

the Osage Tribe) signed a Settlement 

Agreement to resolve litigation 

regarding alleged mismanagement of the 

Osage Nation’s oil and gas mineral 

estate, among other claims. As part of 

the Settlement Agreement, the parties 

agreed that it would be mutually 

beneficial ‘‘to address means of 

improving the trust management of the 

Osage Mineral Estate, the Osage Tribal 

Trust Account, and Other Osage 

Accounts.’’ Settlement Agreement, 

Paragraph 1.i. The parties agreed that a 

review and revision of the existing 

regulations is warranted to better assist 

the Bureau of Indian Affairs (BIA) in 

managing the Osage Mineral Estate. The 

parties agreed to engage in a negotiated 

rulemaking for this purpose. Settlement 

Agreement, Paragraph 9.b. After the 

Committee submits its report, BIA will 

develop a proposed rule to be published 

in the Federal Register. 

Public Comments: Public comments 

were submitted nominating members of 

the Osage Minerals Council who were 

not named or were named as alternates 

in the June 18, 2012, Federal Register 

Notice. These comments generally 

expressed concern that some elected 

members of the Osage Minerals Council 

were not being allowed to participate on 

the Committee. The Department 

understands that the Osage Minerals 

Council, which is the governing body of 

the Osage Mineral Estate, voted on the 

members who would sit on the 

Committee in order of preference; 

therefore, the interests of all Council 

members will be represented by the 

members voted to serve on the 

Committee by the Osage Minerals 

Council. Additionally, alternates will 

serve on the Committee as an official 

member when a Committee member is 

absent. Nominations were also received 

naming individual Osage Headright 

holders. The Department believes that 

as members who vote for the Osage 

Minerals Council, the interests of each 

of these individuals will be adequately 

represented by those members voted to 

serve on the Committee, each of whom 

is an elected member of the Osage 

Minerals Council and empowered to 

make decisions regarding the Osage 

Minerals Estate. Public comments were 

also received nominating non-Osage 

Headright holders due to concerns that 

the Osage Minerals Council does not 

have the best interests of shareholders 

in mind. Because all shareholders 

receive the same benefit per headright 

interest, however, the Department 

believes that the Osage members of the 


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