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[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Rules and Regulations]
[Pages 44463-44464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18510]

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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.

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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\
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    \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 
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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: dwilliams@cpsc.gov.

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
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