```

[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Notices]
[Pages 11768-11769]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04581]

=======================================================================
-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2013-0016]

Petition Requesting Exception From Lead Content Limits: BIC USA 
Inc.; Reopening of the Comment Period

AGENCY: U.S. Consumer Product Safety Commission.

ACTION: Comment request.

-----------------------------------------------------------------------

SUMMARY: The Consumer Product Safety Commission (Commission or CPSC) 
has received a petition requesting an exception from the 100 ppm lead 
content limit under section 101(b) of the Consumer Product Safety 
Improvement Act of 2008 (CPSIA), as amended by Public Law 112-28, for a 
children's pen from BIC USA Inc. (BIC). On April 30, 2013 (78 FR 
25256), the CPSC published notice of the petition inviting written 
comments concerning the petition. On January 21, 2014, BIC submitted a 
letter to the Commission to provide additional information about the 
possible availability of a low lead stainless steel alternative to the 
nickel silver alloy point for which a lead limit exception would be 
required. A copy of the letter may be viewed on: http://www.regulations.gov, under docket number CPSC-2013-0016, Supporting and 
Related Materials. To allow interested parties to comment on the 
additional information, the Commission is reopening the comment period 
for 30 days.

DATES: Submit comments by April 2, 2014.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2013-
0016, by any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: http://www.regulations.gov. Follow the 
instructions for submitting comments. The Commission does not accept 
comments submitted by electronic mail (email), except through 
www.regulations.gov. The Commission encourages you to submit electronic 
comments by using the Federal eRulemaking Portal, as described above.
    Written Submissions: Submit written submissions in the following 
way: Mail/hand delivery/courier to: Office of the Secretary, Consumer 
Product Safety Commission, Room 820, 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 
that you do not want to be available to the public. If furnished at 
all, 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, and insert the 
docket number CPSC-2013-0016, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Kristina Hatlelid, Ph.D., M.P.H., 
Directorate for Health Sciences, Consumer Product Safety Commission, 5 
Research Pl, Rockville, MD 20850; email: khatlelid@cpsc.gov; telephone: 
301-987-2558.

SUPPLEMENTARY INFORMATION: On March 25, 2013, BIC submitted a petition 
requesting an exception from the lead content limit of 100 ppm under 
section 101(b) of the CPSIA for a new line of writing instrument 
products intended for children age five and up (BIC Children's Pen) to 
address the needs of young children who are in the early stages of 
learning to write. BIC specifically requested an exception for the 
accessible portion of the nickel silver point assembly (which includes 
the point and point support subassembly) that BIC proposed to use in 
the BIC Children's Pen. The petition noted that the point and point 
support subassembly in the BIC Children's Pen contained total lead of 
approximately 8720 ppm. According to BIC, all of the other accessible 
components of the BIC Children's Pen contained total lead below 100 
ppm. BIC asserted that removing or making excess lead inaccessible in 
manufacturing the BIC Children's Pen is neither practicable nor 
technologically feasible.
    In the Federal Register of April 30, 2013 (78 FR 25256), the CPSC 
invited comments on the issues raised by the petition. The Commission 
received five comments in response to the notice.
    On January 21, 2014, BIC submitted a letter to the CPSC to inform 
the Commission about the possible availability of a low lead stainless 
steel alternative to the nickel silver alloy point currently used in 
BIC's solvent based ink pens and for which a lead limit exception would 
be required. BIC states that a trial batch of the stainless steel 
points passed BIC's technical qualification when tested with BIC's 
solvent based inks. BIC further states that production of the low lead 
stainless steel points on a consistent basis in industrial quantities 
to meet the volume and timing demands of customers is not technically 
feasible. Accordingly, BIC suggests that BIC's earlier request for an 
exception for the continued use of the nickel silver alloy point be 
limited to

[[Page 11769]]

five years to allow BIC additional time to develop a compliant 
Children's Pen.
    Through this notice, we are reopening the comment period to give 
all interested parties an opportunity to comment on the additional 
information provided by BIC. A copy of the letter may be viewed on 
http://www.regulations.gov, under docket number CPSC-2013-0016, 
Supporting and Related Materials.

    Dated: February 26, 2014.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2014-04581 Filed 2-28-14; 8:45 am]
BILLING CODE 6355-01-P
```