41160 Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Rules and Regulations 

amount for a loan amount greater than 

or equal to $105,158; $3,155 for a loan 

amount greater than or equal to $63,095 

but less than $105,158; 5 percent of the 

total loan amount for loans greater than 

or equal to $21,032 but less than 

$63,095; $1,052 for a loan amount 

greater than or equal to $13,145 but less 

than $21,032; or 8 percent of the total 

loan amount for loans less than $13,145. 

The Bureau is amending comment 

43(e)(3)(ii)–1, which lists the 

adjustments for each year, to reflect the 

new dollar threshold amounts for 2018. 

III. Procedural Requirements 

A. Administrative Procedure Act 

Under the Administrative Procedure 

Act, notice and opportunity for public 

comment are not required if the Bureau 

finds that notice and public comment 

are impracticable, unnecessary, or 

contrary to the public interest. 5 U.S.C. 

553(b)(B). Pursuant to this final rule, in 

Regulation Z, comments 32(a)(1)(ii)–1.iv 

and –3.iv, 43(e)(3)(ii)–1.iv, and 

52(b)(1)(ii)–2.i.E in supplement I are 

added to update the exemption 

thresholds. The amendments in this 

final rule are technical and nondiscretionary, as they merely apply the 

method previously established in 

Regulation Z for determining 

adjustments to the thresholds. For these 

reasons, the Bureau has determined that 

publishing a notice of proposed 

rulemaking and providing opportunity 

for public comment are unnecessary. 

The amendments therefore are adopted 

in final form. 

B. Regulatory Flexibility Act 

Because no notice of proposed 

rulemaking is required, the Regulatory 

Flexibility Act does not require an 

initial or final regulatory flexibility 

analysis. 5 U.S.C. 603(a), 604(a). 

C. Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3506; 

5 CFR part 1320), the Bureau reviewed 

this final rule. No collections of 

information pursuant to the Paperwork 

Reduction Act are contained in the final 

rule. 

List of Subjects in 12 CFR Part 1026 

Advertising, Consumer protection, 

Credit, Credit unions, Mortgages, 

National banks, Reporting and 

recordkeeping requirements, Savings 

associations, Truth in lending. 

Authority and Issuance 

For the reasons set forth in the 

preamble, the Bureau amends 

Regulation Z, 12 CFR part 1026, as set 

forth below: 

PART 1026—TRUTH IN LENDING 

(REGULATION Z) 

■ 1. The authority citation for part 1026 

continues to read as follows: 

Authority: 12 U.S.C. 2601, 2603–2605, 

2607, 2609, 2617, 3353, 5511, 5512, 5532, 

5581; 15 U.S.C. 1601 et seq. 

■ 2. In Supplement I to part 1026— 

Official Interpretations: 

■ a. Under Section 1026.32— 

Requirements for High-Cost Mortgages, 

under 32(a) Coverage, under Paragraph 

32(a)(1)(ii), paragraphs 1.iv and 3.iv are 

added. 

■ b. Under Section 1026.43—Minimum 

Standards for Transactions Secured by 

a Dwelling, under 43(e) Qualified 

mortgages, under Paragraph 43(e)(3)(ii), 

paragraph 1.iv is added. 

■ c. Under Section 1026.52— 

Limitations on Fees, under 52(b) 

Limitations on Penalty Fees, under 

52(b)(1)(ii) Safe harbors, paragraph 2.i.E 

is added. 

The additions read as follows: 

Supplement I to Part 1026—Official 

Interpretations 

* * * * * 

Subpart E—Special Rules for Certain 

Home Mortgage Transactions 

* * * * * 

Section 1026.32—Requirements for 

Certain Closed-End Home Mortgages 

32(a) Coverage 

* * * * * 

Paragraph 32(a)(1)(ii). 

1. * * * 

iv. For 2018, $1,052, reflecting a 2.2 

percent increase in the CPI–U from June 

2016 to June 2017, rounded to the 

nearest whole dollar. 

* * * * * 

3. * * * 

iv. For 2018, $21,032, reflecting a 2.2 

percent increase in the CPI–U from June 

2016 to June 2017, rounded to the 

nearest whole dollar. 

* * * * * 

Section 1026.43—Minimum Standards 

for Transactions Secured by a Dwelling 

* * * * * 

43(e) Qualified mortgages. 

* * * * * 

Paragraph 43(e)(3)(ii). 

1. * * * 

iv. For 2018, reflecting a 2.2 percent 

increase in the CPI–U that was reported 

on the preceding June 1, a covered 

transaction is not a qualified mortgage 

unless the transaction’s total points and 

fees do not exceed: 

A. For a loan amount greater than or 

equal to $105,158: 3 percent of the total 

loan amount; 

B. For a loan amount greater than or 

equal to $63,095 but less than $105,158: 

$3,155; 

C. For a loan amount greater than or 

equal to $21,032 but less than $63,095: 

5 percent of the total loan amount; 

D. For a loan amount greater than or 

equal to $13,145 but less than $21,032: 

$1,052; 

E. For a loan amount less than 

$13,145: 8 percent of the total loan 

amount. 

* * * * * 

Subpart G—Special Rules Applicable 

to Credit Card Accounts and Open-End 

Credit Offered to College Students 

* * * * * 

Section 1026.52—Limitations on Fees 

* * * * * 

52(b) Limitations on Penalty Fees 

* * * * * 

52(b)(1)(ii) Safe harbors 

* * * * * 

2. * * * 

i. * * * 

E. Card issuers were permitted to 

impose a fee for violating the terms of 

an agreement if the fee did not exceed 

$27 under § 1026.52(b)(1)(ii)(A) and $38 

under § 1026.52(b)(1)(ii)(B), through 

December 31, 2017. 

* * * * * 

Dated: July 25, 2017. 

Richard Cordray, 

Director, Bureau of Consumer Financial 

Protection. 

[FR Doc. 2017–18003 Filed 8–29–17; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2017–0503; Product 

Identifier 2017–NM–032–AD; Amendment 

39–19009; AD 2017–17–19] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all The 

Boeing Company Model DC–9–81 (MD– 

Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Rules and Regulations 41161 

81), DC–9–82 (MD–82), DC–9–83 (MD– 

83), and DC–9–87 (MD–87) airplanes, 

and Model MD–88 airplanes. This AD 

was prompted by reports of cracking of 

various structures in the bulkhead. This 

AD requires an inspection for cracking 

in these structures, and corrective 

actions if necessary. We are issuing this 

AD to address the unsafe condition on 

these products. 

DATES: This AD is effective October 4, 

2017. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of October 4, 2017. 

ADDRESSES: For service information 

identified in this final rule, contact 

Boeing Commercial Airplanes, 

Attention: Contractual & Data Services 

(C&DS), 2600 Westminster Blvd., MC 

110–SK57, Seal Beach, CA 90740–5600; 

telephone 562–797–1717; Internet 

https://www.myboeingfleet.com. You 

may view this service information at the 

FAA, Transport Standards Branch, 1601 

Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

It is also available on the Internet at 

http://www.regulations.gov by searching 

for and locating Docket No. FAA–2017– 

0509. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2017– 

0503; or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this final rule, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

Docket Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

George Garrido, Aerospace Engineer, 

Airframe Section, FAA, Los Angeles 

ACO Branch, 3960 Paramount 

Boulevard, Lakewood, CA 90712–4137; 

phone: 562–627–5232; fax: 562–627– 

5210; email: george.garrido@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to all The Boeing Company Model 

DC–9–81 (MD–81), DC–9–82 (MD–82), 

DC–9–83 (MD–83), and DC–9–87 (MD– 

87) airplanes, and Model MD–88 

airplanes. The NPRM published in the 

Federal Register on June 2, 2017 (82 FR 

25547). The NPRM was prompted by 

reports of cracking of various structures 

in the bulkhead. The NPRM proposed to 

require an inspection for cracking in 

these structures, and corrective actions 

if necessary. We are issuing this AD to 

detect and correct cracking at the cant 

station 1463 bulkhead and cant station 

1254 bulkhead, which could result in 

reduced structural integrity of the 

airplane. 

Comments 

We gave the public the opportunity to 

participate in developing this final rule. 

The following presents the comments 

received on the NPRM and the FAA’s 

response to each comment. 

Support for the NPRM 

Boeing stated that it appreciates the 

credit for actions done prior to the 

effective date of the AD specified in 

paragraph (i) of the proposed AD. 

Request To Clarify Location of Crack 

Findings 

Boeing requested that we revise the 

Discussion section to add the vertical 

stabilizer location in the sentence ‘‘The 

cracks were in the upper left area of the 

bulkhead, between longerons L–2 and 

L–3, in the frame web, horizontal 

stiffeners, lower frame cap, [vertical 

stabilizer] rear spar cap, and spar cap 

web.’’ 

We partially agree with Boeing’s 

request. The added wording does 

accurately indicate the cracking 

location. However, this description is 

not repeated in this final rule. 

Therefore, no change is needed in this 

regard. 

Requests To Revise Inspection 

Locations for Affected Airplanes 

Boeing and Delta Airlines (DAL) 

requested that we revise paragraph (g) of 

the proposed AD to include Model MD– 

88 airplanes in the cant station 1463 

bulkhead group instead of the cant 

station 1254 bulkhead group. The 

commenters explained that Model MD– 

88 airplanes share the same fuselage 

length (and hence, station numbers) as 

Model DC–9–81, DC–9–82, and DC–9– 

83 airplanes. The commenters also 

request that, with the requested change 

to paragraph (g) of the proposed AD, we 

remove paragraph (h)(1) of the proposed 

AD since there would be no need for 

that exception to the service 

information. 

We agree with the commenters’ 

requests. The cant station 1463 

bulkhead is correct for Model MD–88 

airplanes. This group revision does not 

change the overall scope of the actions 

required for Model MD–88 airplanes. 

We agree that the service information 

exception in paragraph (h)(1) of the 

proposed AD is no longer needed. We 

have revised the Model MD–88 

grouping in paragraph (g) of this AD, 

removed paragraph (h)(1) of the 

proposed AD, and redesignated 

paragraph (h)(2) of the proposed AD as 

paragraph (h) in this AD. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting this 

final rule with the changes described 

previously and minor editorial changes. 

We have determined that these minor 

changes: 

• Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

We also determined that these 

changes will not increase the economic 

burden on any operator or increase the 

scope of this final rule. 

Related Service Information Under 1 

CFR Part 51 

We reviewed Boeing Alert Service 

Bulletin MD80–53A316, dated 

December 15, 2016. The service 

information describes procedures for a 

detailed inspection on the left and right 

sides of the forward and aft surfaces of 

cant station 1463 bulkhead and cant 

station 1254 bulkhead for cracking in 

the upper caps, upper cap doublers, 

bulkhead webs and doublers, stiffeners, 

lower caps, and vertical stabilizer rear 

spar caps and webs, between longerons 

L–11L through L–11R, and corrective 

actions. This service information is 

reasonably available because the 

interested parties have access to it 

through their normal course of business 

or by the means identified in the 

ADDRESSES section. 

Costs of Compliance 

We estimate that this AD will affect 

361 airplanes of U.S. registry. We 

estimate the following costs to comply 

with this AD: 

41162 Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Rules and Regulations 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Inspection ................................ 3 work-hours × $85 per hour = $255 ..................................... $0 $255 $92,055 

We have received no definitive data 

that would enable us to provide cost 

estimates for the on-condition actions 

specified in this AD. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701: 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

This AD is issued in accordance with 

authority delegated by the Executive 

Director, Aircraft Certification Service, 

as authorized by FAA Order 8000.51C. 

In accordance with that order, issuance 

of ADs is normally a function of the 

Compliance and Airworthiness 

Division, but during this transition 

period, the Executive Director has 

delegated the authority to issue ADs 

applicable to transport category 

airplanes to the Director of the System 

Oversight Division. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2017–17–19 The Boeing Company: 

Amendment 39–19009; Docket No. 

FAA–2017–0503; Product Identifier 

2017–NM–032–AD. 

(a) Effective Date 

This AD is effective October 4, 2017. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all The Boeing 

Company Model DC–9–81 (MD–81), DC–9– 

82 (MD–82), DC–9–83 (MD–83), and DC–9– 

87 (MD–87) airplanes, and Model MD–88 

airplanes, certificated in any category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 53; Fuselage. 

(e) Unsafe Condition 

This AD was prompted by reports of 

cracking of various structures at the cant 

station 1463 bulkhead and at the cant station 

1254 bulkhead. We are issuing this AD to 

detect and correct cracking at the cant station 

1463 bulkhead and cant station 1254 

bulkhead, which could result in reduced 

structural integrity of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspection and Corrective Action 

Within 700 flight cycles or 6 months after 

the effective date of this AD, whichever 

occurs first, do a detailed inspection for 

cracking on the left and right sides of the 

forward and aft surfaces of the cant station 

1463 bulkhead (for Model DC–9–81 (MD–81), 

DC–9–82 (MD–82), and DC–9–83 (MD–83) 

airplanes, and Model MD–88 airplanes) and 

cant station 1254 bulkhead (for Model DC– 

9–87 (MD–87) airplanes); and do all 

applicable corrective actions; in accordance 

with the Accomplishment Instructions of 

Boeing Alert Service Bulletin MD80–53A316, 

dated December 15, 2016, except as required 

in paragraph (h) of this AD. Do all applicable 

corrective actions before further flight. 

(h) Exception to Service Information 

Where Boeing Alert Service Bulletin 

MD80–53A316, dated December 15, 2016, 

specifies to contact Boeing for appropriate 

action and specifies that action as ‘‘RC’’ 

(Required for Compliance): Before further 

flight, repair the cracking using a method 

approved in accordance with the procedures 

specified in paragraph (k) of this AD. 

(i) Credit for Previous Actions 

This paragraph provides credit for the 

actions specified in paragraph (g) of this AD, 

if those actions were performed before the 

effective date of this AD using Boeing Multi 

Operator Message MOM–MOM–16–0684– 

01B, dated October 7, 2016. 

(j) Special Flight Permit 

Special flight permits, as described in 

Section 21.197 and Section 21.199 of the 

Federal Aviation Regulations (14 CFR 21.197 

and 21.199), may be issued to operate the 

airplane to a location where the requirements 

of this AD can be accomplished, but 

concurrence by the Manager, Los Angeles 

ACO Branch, FAA, is required before 

issuance of the special flight permit. 

(k) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Los Angeles ACO Branch, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. In accordance with 

14 CFR 39.19, send your request to your 

principal inspector or local Flight Standards 

District Office, as appropriate. If sending 

information directly to the manager of the 

certification office, send it to the attention of 

the person identified in paragraph (l) of this 

AD. Information may be emailed to: 9-ANMLAACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Rules and Regulations 41163 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair, 

modification, or alteration required by this 

AD if it is approved by the Boeing 

Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Los Angeles 

ACO Branch, to make those findings. To be 

approved, the repair method, modification 

deviation, or alteration deviation must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(4) Except as required by paragraph (h) of 

this AD: For service information that 

contains steps that are labeled as Required 

for Compliance (RC), the provisions of 

paragraphs (k)(4)(i) and (k)(4)(ii) of this AD 

apply. 

(i) The steps labeled as RC, including 

substeps under an RC step and any figures 

identified in an RC step, must be done to 

comply with the AD. If a step or substep is 

labeled ‘‘RC Exempt,’’ then the RC 

requirement is removed from that step or 

substep. An AMOC is required for any 

deviations to RC steps, including substeps 

and identified figures. 

(ii) Steps not labeled as RC may be 

deviated from using accepted methods in 

accordance with the operator’s maintenance 

or inspection program without obtaining 

approval of an AMOC, provided the RC steps, 

including substeps and identified figures, can 

still be done as specified, and the airplane 

can be put back in an airworthy condition. 

(l) Related Information 

(1) For more information about this AD, 

contact George Garrido, Aerospace Engineer, 

Airframe Section, FAA, Los Angeles ACO 

Branch, 3960 Paramount Boulevard, 

Lakewood, CA 90712–4137; phone: 562–627– 

5232; fax: 562–627–5210; email: 

george.garrido@faa.gov. 

(2) Service information identified in this 

AD that is not incorporated by reference is 

available at the addresses specified in 

paragraphs (m)(3) and (m)(4) of this AD. 

(m) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Boeing Alert Service Bulletin MD80– 

53A316, dated December 15, 2016. 

(ii) Reserved. 

(3) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Contractual & Data 

Services (C&DS), 2600 Westminster Blvd., 

MC 110–SK57, Seal Beach, CA 90740–5600; 

telephone 562–797–1717; Internet https://

www.myboeingfleet.com. 

(4) You may view this service information 

at the FAA, Transport Standards Branch, 

1601 Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on August 

17, 2017. 

Jeffrey E. Duven, 

Director, System Oversight Division, Aircraft 

Certification Service. 

[FR Doc. 2017–18165 Filed 8–29–17; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1308 

[Docket No. CPSC–2016–0017] 

Prohibition of Children’s Toys and 

Child Care Articles Containing 

Specified Phthalates: Determinations 

Regarding Certain Plastics 

AGENCY: U.S. Consumer Product Safety 

Commission. 

ACTION: Final rule. 

SUMMARY: The Consumer Product Safety 

Commission (Commission, or CPSC) is 

issuing a final rule that determines that 

certain plastics with specified additives 

would not contain the specified 

phthalates prohibited in children’s toys 

and child care articles. Based on these 

determinations, the specified plastics 

with specified additives will not require 

third party testing for compliance with 

the mandatory prohibitions on 

children’s toys and child care articles 

containing phthalates. 

DATES: The rule is effective on 

September 29, 2017. 

FOR FURTHER INFORMATION CONTACT: John 

W. Boja, Lead Compliance Officer, 

Regulatory Enforcement, Office of 

Compliance and Field Operations, 

Consumer Product Safety Commission, 

4330 East West Highway Bethesda, MD 

20814–4408; telephone: 301–504–7300; 

email: jboja@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, certification must 

be based on testing conducted by a 

CPSC-accepted third party conformity 

assessment body. Id. Public Law 112–28 

(August 12, 2011) amended the CPSA 

and 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.’’ 15 U.S.C. 

2063(d)(3)(B). 

2. Prohibitions in Section 108 of the 

CPSIA 

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). 

Section 108(b)(1) prohibits on an 

interim basis (i.e., until the Commission 

promulgates a final rule), the 

manufacture for sale, offer for sale, 

distribution in commerce, or 

importation into the United States of 

‘‘any children’s toy that can be placed 

in a child’s mouth’’ or ‘‘child care 

article’’ containing concentrations of 

more than 0.1 percent of diisononyl 

phthalate (DINP), diisodecyl phthalate 

(DIDP), or di-n-octyl phthalate (DNOP). 

15 U.S.C. 2057c(b)(1). Children’s toys 

and child care articles subject to the 

content limits in section 108 of the 

CPSIA require third party testing for 

compliance with the phthalate content 

limits before the manufacturer can issue 

a Children’s Product Certificate (CPC) 

and enter the children’s toys or child 

care articles into commerce. 

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