September 24, 2017

On August 30, 2017, the CPSC Published a Final Rule that that Determines that Certain Plastics With Specified Additives Would Not Contain the Specified Phthalates Prohibited in Children’s Toys and Child Care Articles (16 CFR 1308)

DATES: The rule is effective on September 29, 2017

 Substance of the Rule:  Section 1308.2(a) specifies the plastics that the Commission has determined do not exceed the phthalates content limits with a high degree of assurance as that term is defined in 16 CFR part 1107

(b) Accessible component parts of children’s toys and child care articles made with the specified plastics, and specified additives, listed in paragraph (a) 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.

(c) Accessible component parts of children’s toys and child care articles made with a plastic or additives not listed in paragraph (a) of this section that are plasticized or may contain phthalates are required to be third party tested pursuant to section 14(a)(2) of the CPSA and 16 CFR part 1107.

On August 8, 2017 NHTSA Published a Request for Comments Related to the Paperwork Reduction Act on a New Information Collection Regarding the Use of Crash Avoidance Systems on Commercial Vehicles.

DATES: Written comments should be submitted by October 10, 2017

Background: The National Highway Traffic Safety Administration (NHTSA) is assessing the benefits of crash avoidance technologies for heavy trucks that include Automatic Emergency Braking (AEB) to prevent fatalities, injuries, and property damage in crashes involving heavy vehicles.  Previous studies have investigated crash problem size, economic cost, and preliminary safety benefits concerning these systems. The underlying methods of these studies have included test track evaluations, objective test procedures, technology field demonstrations, and ‘‘naturalistic’’ studies. As both of the major AEB system suppliers are scheduled to release new products in the second half of 2016, NHTSA is interested in the real world performance of these new systems, which are designed to address the shortcomings of the previous generation of AEB systems. These systems have been designed to offer improved threat detection and new features such as stationary object braking. Additionally, a new product called Detroit AssuranceTM was released in 2015 for Freightliner trucks by Detroit Diesel Corporation. This system shares many features with the OnGuard and Wingman® products including advanced emergency braking (AEB), forward collision warnings (FCW), and adaptive cruise control (ACC).

 Respondents: Commercial vehicle drivers who are assigned a single, specific commercial vehicle that is equipped with the eligible technologies. Trucking fleets (approximately 7–10) will be contacted first to see if they have trucks equipped with the technologies and would be willing to have their drivers participate in the study.

Each participating driver will have a data acquisition system installed in their vehicle for three months while they perform their normal work duties. This system will collect video of the driver and forward roadway, telemetry and vehicle network data related to driving, and activations of the vehicle’s Crash Avoidance System (CAS).


On August 8, 2018, the Federal Motor Carrier Safety Administration and the Federal Railroad Administration Withdrew an ANPRM on Qualifications of Drivers with Moderate to Severe Obstructive Sleep Apnea (49 CFR 391)

Conclusion: The Agencies believe that current safety programs and FRA’s rulemaking addressing fatigue risk management are the appropriate avenues to address OSA.  The FMCSA will consider an update to its January 2015 ‘‘Bulletin to Medical Examiners and Training Organizations Regarding Obstructive Sleep Apnea’’ regarding the physical qualifications standard and related advisory criteria concerning respiratory dysfunction, specifically how the standard applies to drivers who may have OSA. The Agency would use the updated August 2016 Medical Review Board1 recommendations as a basis for updating the bulletin.

On August 8, 2017, The CPSC Published a Final Rule Amending Its FOIA Procedures. (16 CFR 1015)

DATES: The rule is effective on September 7, 2017

SUMMARY: The Consumer Product Safety Commission is issuing a final rule to update its Freedom of Information Act (FOIA) rule. The final rule revises the rule to conform to the amendments of the FOIA Improvement Act of 2016 (the 2016 FOIA) to the FOIA. The final rule also reflects changes in Commission procedures; updates Commission contact information, including current methods of submitting requests for records to the Commission; revises employee titles; and makes various technical changes and corrections.

On August 7, 2017 The CPSC Announced a Public Meeting to Hear Comments on Whether Products Containing Organohalogen Flame Retardants Should be Banned as Hazardous Substances

DATES: The meeting will begin at 10 a.m., September 14, 2017. Requests to make oral presentations and the written text of any oral presentations must be received by the Office of the Secretary not later than 5 p.m. Eastern Daylight Time (EDT) on August 31, 2017

Additional Information: The CPSC received a petition from Earthjustice and the Consumer Federation of America asking that the CPSC initiate rulemaking to ban products containing Organohalogen Flame Retardants.  Joining in the petition were the American Academy of Pediatrics, American Medical Women’s Association, Consumers Union, Green Science Policy Institute, International Association of Fire Fighters, Kids in Danger, Philip Landrigan, M.D., M.P.H., League of United Latin American Citizens, Learning Disabilities Association of America, and Worksafe.

The Commission staff has prepared a briefing package on the issues.