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[Federal Register: July 27, 2010 (Volume 75, Number 143)]
[Notices]               
[Page 43942-43943]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jy10-55]                         

[[Page 43942]]

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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2010-0080]

 
Children's Products Containing Lead; Technological Feasibility of 
100 ppm for Lead Content; Request for Comments and Information

AGENCY: Consumer Product Safety Commission.

ACTION: Notice

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SUMMARY: Section 101(a) of the Consumer Product Safety Improvement Act 
(``CPSIA'') provides that, as of August 11, 2011, children's products 
may not contain more than 100 parts per million (``ppm'') of lead, 
unless the Consumer Product Safety Commission (``CPSC'' or 
``Commission''), determines that it is not technologically feasible, 
after notice and a hearing and after analyzing the public health 
protections associated with substantially reducing lead in children's 
products. The reduction can be for a product or product category. This 
notice requests comment and information on the technological 
feasibility of meeting the 100 ppm lead content limit for children's 
products.

DATES: Written comments and submissions in response to this notice must 
be received by September 27, 2010.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2010-
0080, by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following way: Federal 
eRulemaking Portal: http://www.regulations.gov. Follow the instructions 
for submitting comments. To ensure timely processing of comments, the 
Commission is no longer accepting comments submitted by electronic mail 
(e-mail) except through http://www.regulations.gov.

Written Submissions

    Submit written submissions in the following way: Mail/Hand 
delivery/Courier (for paper, disk, or CD-ROM submissions), preferably 
in five copies, to: Office of the Secretary, Consumer Product Safety 
Commission, Room 502, 4330 East West Highway, Bethesda, MD 20814; 
telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and docket number for this notice. All comments received may be posted 
without change, including any personal identifiers, contact 
information, or other personal information provided, to http://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
electronically. Such information should be submitted in writing.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kristina Hatlelid, PhD, M.P.H., 
Directorate for Health Sciences, Consumer Product Safety Commission, 
4330 East West Highway, Bethesda, Maryland 20814; e-mail 
khatlelid@cpsc.gov; telephone (301) 504-7254.

SUPPLEMENTARY INFORMATION: 
    Section 101(a) of the CPSIA (15 U.S.C. 1278a(a)) provides that, for 
products designed or intended primarily for children 12 years old and 
younger, the total lead content limit by weight in any part of a 
children's product is limited to 300 ppm as of August 14, 2009, and 100 
ppm of lead as of August 14, 2011, unless the Commission determines 
that it is not technologically feasible to have this lower limit for a 
product or product category. The Commission may make such a 
determination only after notice and a hearing and after analyzing the 
public health protections associated with substantially reducing lead 
in children's products. If the Commission determines that the 100 ppm 
lead content limit is not technologically feasible for a product or 
product category, the Commission shall, by regulation, establish the 
lowest amount below 300 ppm that it determines is technologically 
feasible.
    Unless granted a specific exclusion or determination under the 
Commission's regulations at 16 CFR 1500.87 through 1500.91, children's 
products, including the components parts of children's products, are 
subject to the lead limits and also to the testing and certification 
requirements of section 14(a)(2) of the Consumer Product Safety Act 
(``CPSA''). (15 U.S.C. 2063(a)(2)).
    Through this notice, the Commission invites comment and seeks 
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 limits. 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.

Request for Comments and Information

    The Commission requests information on the technological 
feasibility for manufacturers to meet the 100 ppm lead content limit 
for specific children's products or product categories. The comments 
should address products or materials that currently comply with 300 ppm 
lead content limit which are required to meet the 100 ppm lead content 
limit effective August 14, 2011. Specifically, information is requested 
on the following:
    1. For products and materials that currently meet the 100 ppm lead 
content limit, provide:
    (i) information and test data regarding products or materials, 
including metals, plastics, glass, or recycled materials that are at or 
below the 100 ppm lead content limit (specify which materials were 
tested, the number of tests conducted for each material and, for each 
material, the percentage of tests that exceed 100 ppm, if any);
    (ii) information and data on industrial strategies or devices, if 
any, that have enabled the manufacturer to comply with the 100 ppm lead 
content limit (specify the methodologies used for each material);
    (iii) information and data on the impact, if any, the use of 
materials that are compliant with the 100 ppm lead content limit, has 
on the functional or safety requirements specified for the product or 
product category (specify which materials were used); and
    2. For products and materials that currently do not meet the 100 
ppm lead content limit, but do meet the 300 ppm lead content limit, 
provide:
    (i) information and test data showing the lead content of such 
products or materials, including metals, plastics, glass, or recycled 
materials (specify which materials were tested, the number of tests 
conducted for each material and, for each material, the lead content of 
the material, and the percentage of tests that are at or below 100 ppm, 
if any);
    (ii) information and data on whether such products or materials 
could be made compliant with the 100 ppm lead content limit through the 
use of different products or materials;

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    (iii) information and data on the strategies or devices, 
alternative practices, best practices, or other operational changes 
that may be used to enable the manufacturer to comply with the 100 ppm 
lead content limit;
    (iv) information and data on the lowest lead content limit under 
300 ppm that is technologically feasible for such products or 
materials; and
    (v) the date(s) by which such products and materials could be 
expected to meet the 100 ppm lead content limits.
    The Commission also seeks comment on any other factors that could 
affect compliance with this requirement.

    Dated: July 21, 2010.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2010-18361 Filed 7-26-10; 8:45 am]
BILLING CODE 6355-01-P
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