Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices 45269 

the FHSA and directed the staff to 

convene a Chronic Hazard Advisory 

Panel pursuant to the procedures of 

section 28 of the Consumer Product 

Safety Act (15 U.S.C. 2077) to further 

study the effects of these OFRs as a class 

of chemicals on consumers’ health. In 

the meantime, based on the 

overwhelming scientific evidence 

presented to the Commission to date, 

the Commission has serious concerns 

regarding the potential toxicity of OFRs, 

and the risks of exposure, particularly to 

vulnerable populations, to OFRs, from 

the four categories of products listed in 

the petition. Accordingly, the 

Commission requests that 

manufacturers of children’s products, 

furniture, mattresses, and electronics 

casings eliminate the use of such 

chemicals in these products. The 

Commission also recommends that, 

before purchasing such products for 

resale, importers, distributors, and 

retailers obtain assurances from 

manufacturers that such products do not 

contain OFRs. Finally, the Commission 

recommends that consumers, especially 

those who are pregnant or with young 

children, inquire and obtain assurances 

from retailers that such products do not 

contain OFRs. 

Hazard: Scientific evidence to date 

demonstrates that OFRs, when used in 

non-polymeric, additive form, migrate 

from consumer products, leading to 

widespread human exposure to 

mixtures of these chemicals. Exposures 

to OFRs occur because of the semivolatile property of these chemicals that 

results in migration of the chemicals 

and the chemicals’ absorption into 

household dust and other surfaces 

where they persist in the indoor 

environment. At this time, there is no 

known way to direct consumers to use 

affected products in a manner that 

would guarantee reducing exposures to 

the American population to an 

acceptable level. Numerous peerreviewed, published studies show that 

the vast majority of consumers have 

measurable quantities of OFRs in their 

blood. The known adverse health effects 

of these chemicals to consumers 

include: Reproductive impairment (e.g., 

abnormal gonadal development, 

reduced number of ovarian follicles, 

reduced sperm count, increased time to 

pregnancy); neurological impacts (e.g., 

decreased IQ in children, impaired 

memory, learning deficits, altered motor 

behavior, hyperactivity); endocrine 

disruption and interference with thyroid 

hormone action (potentially 

contributing to diabetes and obesity); 

genotoxicity; cancer; and immune 

disorders. These chemicals have a 

disproportionately negative health effect 

on vulnerable populations, including 

children. 

Guidance: Under the FHSA, 15 U.S.C. 

1261(g) and (f)(1)(A), any substance or 

mixture of substances which is toxic, 

i.e., that has the capacity to produce 

illness through ingestion, inhalation, or 

absorption through any bodily surface, 

and may cause substantial injury or 

illness during or as a proximate result 

of customary or reasonably foreseeable 

handing or use is a ‘‘hazardous 

substance.’’ A product intended or 

packaged for household use containing 

a hazardous substance is required to 

have precautionary labeling under the 

FHSA (15 U.S.C. 1261(p)), but if 

labeling is not adequate to protect 

against the potential hazard, the 

Commission may declare the product 

banned. (15 U.S.C. 1261(q)(1)(B)). If an 

article intended for use by children is a 

hazardous substance or bears or 

contains a hazardous substance that is 

susceptible of access by a child to whom 

the article is entrusted, the article is a 

banned hazardous substance. Id. 

1261(q)(1)(A). 

To date, the Commission has not 

banned household products containing 

OFRs or required precautionary labeling 

for such products. However, on 

September 20, 2017, based on the 

overwhelming scientific evidence 

presented to date, the Commission 

voted to grant the petition to initiate 

rulemaking under the FHSA and 

directed the staff to convene a Chronic 

Hazard Advisory Panel pursuant to the 

procedures of section 28 of the 

Consumer Product Safety Act (15 U.S.C. 

2077) to further study the effects of 

OFRs as a class of chemicals on 

consumers’ health. Much of the 

evidence currently before the 

Commission suggests OFRs, as a class of 

chemicals, present a serious public 

health issue. Therefore, the Commission 

has serious concerns regarding the 

potential toxicity of OFRs, and the risks 

of exposure, particularly to vulnerable 

populations, to OFRs, from the four 

categories of products listed in the 

petition. 

For these reasons, the Commission 

considers the use of OFRs in children’s 

products, upholstered furniture sold for 

use in residences, mattresses and 

mattress pads, and plastic casings 

surrounding electronics to be ill-advised 

and encourages manufacturers to 

eliminate using them in such products. 

Further, the Commission recommends 

that, before, purchasing such products 

for resale, importers, distributors, and 

retailers obtain assurances from 

manufacturers that such products do not 

contain OFRs. Finally, the Commission 

recommends that consumers, especially 

those who are pregnant or with young 

children, inquire and obtain assurances 

from retailers that such products do not 

contain OFRs. 

Alberta E. Mills, 

Acting Secretary, U.S. Consumer Product 

Safety Commission. 

[FR Doc. 2017–20733 Filed 9–27–17; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF DEFENSE 

Department of the Air Force 

Record of Decision for the KC–46 Third 

Main Operating Base (MOB 3) 

Beddown 

AGENCY: Department of the Air Force. 

ACTION: Notice of Availability (NOA) of 

a Record of Decision (ROD). 

On September 8, 2017, the United 

States Air Force signed the ROD for the 

KC–46 Third Main Operating Base 

(MOB 3) Beddown. The ROD states the 

Air Force decision to beddown up to 

twelve (12) KC–46 Primary Aerospace 

Vehicles Authroized (PAA) in one 

squadron at Seymor Johnston Air Force 

Base, where the Air Force Reserve 

Command (AFRC) leads the Mobility 

Air Force Mission. 

The decision was based on matters 

discussed in the Final Environmental 

Impact Statement (FEIS) for the KC–46 

Third Main Operating Base (MOB 3) 

Beddown (http://www.kc-46abeddown.com/); contributions from the 

public and regulatory agencies; and 

other relevant factors. The FEIS was 

made available to the public on April 

14, 2017 through a NOA in the Federal 

Register (82 FR 17991) with a 30-day 

wait period that ended on May 15, 2017. 

Authority: This NOA is published 

pursuant to the regulations (40 CFR part 

1506.6) implementing the provisions of 

the NEPA of 1969 (42 U.S.C. 4321, et 

seq.) and the Air Force’s Environmental 

Impact Analysis Process (32 CFR parts 

989.21(b) and 989.24(b)(7)). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Hamid Kamalpour, AFCEC/CZN, 2261 

Hughes Ave., Ste. 155, Lackland AFB, 

TX 78236–9853. Ph: (210) 925–2738. 

Henry Williams, Jr., 

Acting Air Force Federal Register Liaison 

Officer. 

[FR Doc. 2017–20822 Filed 9–27–17; 8:45 am] 

BILLING CODE 5001–10–P