This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

39535 

Vol. 74, No. 151 

Friday, August 7, 2009 

FEDERAL ELECTION COMMISSION 

11 CFR Part 111 

[Notice 2009–19] 

Procedural Rules for Audit Hearings 

AGENCY: Federal Election Commission. 

ACTION: Agency procedure; correction. 

SUMMARY: On July 10, 2009, the Federal 

Election Commission published a 

Procedural Rule (‘‘Commission’’) 

instituting a program that provides 

committees that are audited pursuant to 

the Federal Election Campaign Act of 

1971, as amended (‘‘FECA’’) with the 

opportunity to have a hearing before the 

Commission prior to the Commission’s 

adoption of a Final Audit Report. 

Procedural Rules for Audit Hearings, 74 

FR 33140 (July 10, 2009). The 

Commission is now adding a further 

statement at the end of that procedural 

rule to conform this statement to other 

agency procedural rules. 

DATES: Effective August 7, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Joseph F. Stoltz, Assistant Staff Director, 

Audit Division, 999 E Street, NW., 

Washington, DC 20463, (202) 694–1650 

or (800) 424–9530. 

SUPPLEMENTARY INFORMATION: On July 

10, 2009, the Commission published a 

Procedural Rule instituting a program 

that provides committees that are 

audited pursuant to the Federal Election 

Campaign Act of 1971, as amended 

(‘‘FECA’’) with the opportunity to have 

a hearing before the Commission prior 

to the Commission’s adoption of a Final 

Audit Report. Procedural Rules for 

Audit Hearings, The Commission is now 

adding a statement to that procedural 

rule to conform the rule to other agency 

procedural rules and policy statements. 

On page 33143, in the first column, at 

the end of paragraph E, insert the 

following: 

The above provides general guidance 

concerning notice to those being audited and 

announces the general course of action that 

the Commission intends to follow. This 

notice sets forth the Commission’s intentions 

concerning the exercise of its discretion in its 

audit program. However, the Commission 

retains that discretion and will exercise it as 

appropriate with respect to the facts and 

circumstances of each audit it considers. 

Consequently, this notice does not bind the 

Commission or any member of the general 

public. 

Dated: July 29, 2009. 

On behalf of the Commission. 

Steven T. Walther, 

Chairman, Federal Election Commission. 

[FR Doc. E9–18541 Filed 8–6–09; 8:45 am] 

BILLING CODE 6715–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1500 

Children’s Products Containing Lead; 

Interpretative Rule on Inaccessible 

Component Parts 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Final rule. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘Commission’’) is issuing 

a final rule providing guidance as to 

what product components or classes of 

components will be considered to be 

‘‘inaccessible.’’ Section 101(b)(2)(A) of 

the Consumer Product Safety 

Improvement Act (‘‘CPSIA’’) provides 

that the lead limits shall not apply to 

any component part of a children’s 

product that is not accessible to a child 

through normal and reasonably 

foreseeable use and abuse. Section 

101(b)(2)(B) of the CPSIA requires the 

Commission to issue, by August 14, 

2009, a rule providing guidance with 

respect to what product components, or 

classes of components, will be 

considered to be inaccessible. This final 

rule satisfies the Commission’s statutory 

obligation. 

DATES: Effective Date: This 

interpretative rule is effective on August 

14, 2009. 

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: 

A. Background 

The CPSIA establishes specific lead 

limits in children’s products. Section 

101(a) of the CPSIA provides that, as of 

February 10, 2009, products designed or 

intended primarily for children 12 and 

younger may not contain more than 600 

parts per million (ppm) of lead. After 

August 14, 2009, products designed or 

intended primarily for children 12 and 

younger cannot contain more than 300 

ppm of lead. On August 14, 2011, the 

limit may be further reduced to 100 

ppm, unless the Commission 

determines that it is not technologically 

feasible to meet this lower limit. Section 

3(a)(16) of the Consumer Product Safety 

Act, as amended by section 235(a) of the 

CPSIA, defines ‘‘children’s product’’ as 

a ‘‘consumer product designed or 

intended primarily for children 12 years 

of age or younger.’’ 

B. Statutory Authority 

Section 101(b)(2) of the CPSIA 

provides that the lead limits do not 

apply to component parts of a product 

that are not accessible to a child. This 

section specifies that a component part 

is not accessible if it is not physically 

exposed by reason of a sealed covering 

or casing and does not become 

physically exposed through reasonably 

foreseeable use and abuse of the product 

including swallowing, mouthing, 

breaking, or other children’s activities, 

and the aging of the product, as 

determined by the Commission. Paint, 

coatings, or electroplating may not be 

considered to be a barrier that would 

render lead in the substrate to be 

inaccessible to a child under section 

101(b)(3) of the CPSIA. 

C. Notice of Proposed Rulemaking 

In the Federal Register of January 15, 

2009 (74 FR 2439), the Commission 

published a proposed interpretative rule 

providing guidance with respect to what 

product components or classes of 

components will be considered to be 

inaccessible. As stated in the preamble 

to the proposed interpretative rule (74 

FR at 2440), the Commission 

preliminarily determined that: 

• An accessible component part of a 

children’s product is one that a child 

may touch; 


pwalker on DSK8KYBLC1PROD with RULES