[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Rules and Regulations]
[Pages 44463-44464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18510]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1500
[Docket No. CPSC-2010-0080]
Children's Products Containing Lead; Technological Feasibility of
100 ppm for Lead Content; Notice of Effective Date of 100 ppm Lead
Content Limit in Children's Products
AGENCY: U.S. Consumer Product Safety Commission
ACTION: Notice of statutory requirement.
-----------------------------------------------------------------------
SUMMARY: Section 101(a) of the Consumer Product Safety Improvement Act
(``CPSIA'') provides that, as of August 14, 2011, children's products
may not contain more than 100 parts per million (``ppm'') of lead
unless the Consumer Product Safety Commission (``CPSC,''
``Commission,'' or ``we'') determines that such a limit is not
technologically feasible. The determination can only be made after
notice and a hearing and after analyzing the public health protections
associated with substantially reducing lead in children's products. On
February 16, 2011, we conducted a public hearing to receive views from
all interested parties about the technological feasibility of meeting
the 100 ppm lead content limit for children's products and associated
public health considerations. Through this document, we announce that
children's products must meet the statutory 100 ppm lead content limit
on August 14, 2011, unless otherwise excluded under CPSC
regulations.\1\
---------------------------------------------------------------------------
\1\ The Commission voted 3-2 to publish this notice, without
changes, in the Federal Register. Chairman Inez M. Tenenbaum,
Commissioners Thomas Moore and Robert Adler voted to publish the
notice. Commissioners Nancy Nord and Anne Northup voted against
publication of the notice. Chairman Tenenbaum and Commissioners Nord
and Northup filed statements regarding the vote. The statements may
be viewed at http://www.cpsc.gov/pr/statements.html.
DATES: The 100 ppm lead content limit for children's products is
---------------------------------------------------------------------------
effective on August 14, 2011.
FOR FURTHER INFORMATION CONTACT: Dominique Williams, Directorate for
Health Sciences, Consumer Product Safety Commission, Bethesda, MD
20814; telephone: (301) 504-7597; e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 44464]]
I. Background
Section 101(a)(2)(C) of the CPSIA (15 U.S.C. 1278a(a)(2)(C))
provides that, as of August 14, 2011, children's products may not
contain more than 100 ppm of lead unless the Commission determines that
such a limit is not technologically feasible. The Commission may make
this determination only after notice and a hearing and after analyzing
the public health protections associated with substantially reducing
lead in children's products. Section 101(d) of the CPSIA (15 U.S.C
1278a(d)) provides that a lead limit shall be deemed technologically
feasible with regard to a product or product category if:
(1) A product that complies with the limit is commercially
available in the product category;
(2) technology to comply with the limit is commercially available
to manufacturers or is otherwise available within the common meaning of
the term;
(3) industrial strategies or devices have been developed that are
capable or will be capable of achieving such a limit by the effective
date of the limit and that companies, acting in good faith, are
generally capable of adopting; or
(4) alternative practices, best practices, or other operational
changes would allow the manufacturer to comply with the limit.
On July 27, 2010, we published a notice in the Federal Register (75
FR 43942), requesting comment and seeking information concerning the
technological feasibility of meeting the 100 ppm lead content limit for
children's products that are not otherwise excluded from the lead
content limits under 16 CFR 1500.87 through 1500.91. After initial
consideration of the comments and information received in response to
the July 27, 2010 notice, we published a notice in the Federal Register
(76 FR 4641) on January 26, 2011, announcing that we would be
conducting a public hearing to receive views from all interested
parties about the technological feasibility of meeting the 100 ppm lead
content limit for children's products and associated public health
considerations. The hearing was held on February 16, 2011. On March 9,
2011, we published another notice in the Federal Register (76 FR
12944), reopening the hearing record to allow hearing participants to
submit relevant studies and supplementary data in response to
additional questions from certain Commissioners.
Participants who submitted comments and hearing testimony regarding
the technological feasibility of meeting the 100 ppm lead content limit
and associated public health considerations included consumers,
consumer groups, manufacturers, retailers, associations, and
laboratories. Comments submitted in this proceeding are available at
http://www.regulations.gov, under Docket No. CPSC-2010-0080. The video
webcast of the hearing, as well as the presentations and written
comments from the hearing, are available at the CPSC web site: http://www.cpsc.gov/webcast/previous.html. A transcript of the hearing and
supplemental information provided by hearing participants are also
available at http://www.regulations.gov, docket CPSC-2010-0080.
II. Technological Feasibility of 100 ppm
We evaluated the technological feasibility of the 100 ppm lead
content limit for children's products based on available technical
information, written public comments, public hearing oral comments, and
other available information. CPSC staff's analysis regarding the
technological feasibility of materials and products to meet the 100 ppm
lead content limit is contained in the staff briefing package available
on the CPSC Web site at: http://www.cpsc.gov/library/foia/foia11/brief/lead100tech.pdf and http://www.cpsc.gov/library/foia/foia11/brief/100ppmlead.pdf. We evaluated the technological feasibility of meeting
the 100 ppm lead content limit in materials such as plastics, glass,
and metals; reviewed the economic impacts of reducing the lead content
limit from 300 ppm to 100 ppm; and considered the public comments
received in this proceeding, including comments on public health
protectiveness, economic burdens, availability of compliant materials,
and variability in test results. Based upon this analysis, the staff
could not recommend that the Commission make a determination that it is
not technologically feasible for a product or product category to meet
the 100 ppm lead content limit for children's products under section
101(d) of the CPSIA. No such determination has been made by the
Commission. Therefore, all children's products sold, offered for sale,
manufactured for sale, distributed in commerce, or imported for sale in
the United States must meet the 100 ppm lead content limit beginning
August 14, 2011 as statutorily mandated by the CPSIA unless otherwise
excluded under 16 CFR 1500.87 through 1500.91. With respect to bicycles
and related products and youth motorized recreational vehicles, a stay
of enforcement regarding the lead content in certain parts, including
metal components, is currently in effect until December 31, 2011 (76 FR
6765).
Dated: July 18, 2011.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2011-18510 Filed 7-25-11; 8:45 am]
BILLING CODE 6355-01-P