[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Proposed Rules]
[Pages 57682-57683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23810]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Chapter II
[Docket No. CPSC-2010-0087]
Petition Requesting Regulations Restricting Cadmium in Children's
Products
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
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SUMMARY: The Consumer Product Safety Commission (``Commission'' or
``CPSC'' or ``we'') has received a petition requesting standards
restricting cadmium in children's products, especially toy metal
jewelry. On September 6, 2011, the Commission granted the petition and
directed CPSC staff to begin drafting a proposed rule unless a
voluntary standard for cadmium in children's jewelry is published by
ASTM International, Inc. (``ASTM'') within three months after September
16, 2011. If a voluntary standard for cadmium in children's jewelry is
published by ASTM within this timeframe, then CPSC staff is directed to
assess the adequacy of the voluntary standard and whether there is
substantial compliance with the voluntary standard and based on these
assessments make a recommendation on the disposition of this petition
within nine months after September 16, 2011.
In addition, the Commission granted the petition and directed CPSC
staff to begin drafting a proposed rule unless a voluntary standard for
cadmium in children's toy jewelry is published by ASTM within three
months after September 16, 2011. If a voluntary standard for cadmium in
children's toy jewelry is published by ASTM within this timeframe, then
CPSC staff is directed to assess the adequacy of the voluntary standard
and whether there is substantial compliance with the voluntary standard
and based on these assessments make a recommendation on the disposition
of this petition within nine months after September 16, 2011.
FOR FURTHER INFORMATION CONTACT: Rocky Hammond, Office of the
[[Page 57683]]
Secretary, Consumer Product Safety Commission, 4330 East West Highway,
Bethesda, MD, 20814; telephone (301) 504-6833, e-mail:
[email protected].
SUPPLEMENTARY INFORMATION: On May 28, 2010, the Empire State Consumer
Project, Sierra Club, Center for Environmental Health, and the
Rochesterians Against the Misuse of Pesticides (``petitioners'')
submitted a petition stating that the Commission should issue
regulations to ban cadmium in all toy jewelry under the Federal
Hazardous Substances Act (``FHSA''), 15 U.S.C. 1261 et seq. The request
was docketed under the FHSA as Petition No. HP 10-2.
Petitioners requested that the Commission adopt regulations
declaring that any toy metal jewelry containing more than trace amounts
of cadmium by weight, which could be ingested by children, be declared
a banned hazardous substance. If the Commission finds that it lacks
sufficient information to determine the appropriate level of cadmium in
products, petitioners requested that the Commission, as an interim
measure, adopt the maximum levels established for lead. In addition,
petitioners requested a test method based on total cadmium, which
simulates a child chewing the jewelry before swallowing, by cutting the
metal jewelry in half, and evaluating the extractability of cadmium
from children's metal jewelry based on a 24-hour acid extraction
period. Petitioners also asserted that if the CPSC has insufficient
information regarding cadmium, it should obtain additional information
under the Interagency Testing Commission (``ITC'') through the Toxic
Substances Control Act (``TSCA'') administered by the Environmental
Protection Agency (``EPA'') to include metal jewelry in the scope of
reporting under section 8(d) of the TSCA and require importers and
processers to test toy metal jewelry for cadmium.
On February 16, 2011, the Commission voted unanimously to defer its
decision on the petition for six months and directed CPSC staff to
participate in the ASTM subcommittees. Specifically, the Commission
directed staff to participate in the ASTM F15.24 subcommittee to
develop a voluntary standard addressing accessible cadmium from
children's metal jewelry and to work with the ASTM F15.22 subcommittee
on the ASTM F963 standard with respect to toy jewelry.
On August 30, 2011, CPSC staff provided the Commission with an
update regarding the voluntary standards activities under the ASTM
subcommittees that would address cadmium in children's jewelry and toy
jewelry. The update is available on the CPSC Web site at: http://www.cpsc.gov/LIBRARY/FOIA/FOIA11/brief/cadmiumpetupd.pdf. CPSC staff
indicated that the work on those standards was expected to be completed
in 2011.
On September 6, 2011, by a 3-2 vote,\1\ the Commission granted the
petition and directed CPSC staff to begin drafting a proposed rule
unless a voluntary standard for cadmium in children's jewelry is
published by ASTM within three months after September 16, 2011. If a
voluntary standard for cadmium in children's jewelry is published by
ASTM within this timeframe, then CPSC staff is directed to assess the
adequacy of the voluntary standard and whether there is substantial
compliance with the voluntary standard and based on these assessments
make a recommendation on the disposition of this petition within nine
months after September 16, 2011.
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\1\ Chairman Inez M. Tenenbaum and Commissioners Thomas H. Moore
and Robert S. Adler voted to take this action. Commissioners Nancy
A. Nord, and Anne M. Northup voted to defer the petition (HP10-2)
for an additional six months and direct staff to continue its
participation in the ASTM F15.24 subcommittee to develop a voluntary
standard addressing accessible cadmium from children's metal
jewelry, as well as continue its participation in the ASTM F15.22
subcommittee to amend the ASTM F963 toy safety standard. Chairman
Tenenbaum and Commissioner Nord issued statements which are
available at http://www.cpsc.gov/PR/statements.html.
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In addition, the Commission granted the petition and directed CPSC
staff to begin drafting a proposed rule unless a voluntary standard for
cadmium in children's toy jewelry is published by ASTM within three
months after September 16, 2011. If a voluntary standard for cadmium in
children's toy jewelry is published by ASTM within this timeframe, then
CPSC staff is directed to assess the adequacy of the voluntary standard
and whether there is substantial compliance with the voluntary standard
and based on these assessments make a recommendation on the disposition
of this petition within nine months after September 16, 2011.
The Commission further directed CPSC staff to issue a notice in the
Federal Register announcing the outcome of the vote and status of the
petition. Thus, this notice announces the vote that occurred on
September 6, 2011, the actions that the Commission directed CPSC staff
to take, and the status of the petition.
Dated: September 13, 2011.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2011-23810 Filed 9-15-11; 8:45 am]
BILLING CODE 6355-01-P