### 41298 Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Rules and Regulations

fee. I have no objection to this portion of the amendments.

2 See Exec. Order No. 13,563, 3 CFR part 215 (2012), reprinted in 5 U.S.C. 601 app. (2006 & Supp. V 2011); Exec. Order No. 12,866, 3 CFR part 638 (1994), reprinted as amended in 5 U.S.C. 601 (2006 & Supp. V 2011); Exec. Order No. 12,291, 3 CFR part 127 (1982), revoked by Exec. Order No. 12,866, 3 CFR part 638.

3 Premerger Notification; Reporting and Waiting Period Requirements, 78 FR 10574, 10575 (proposed Feb. 14, 2013) (to be codified at 16 CFR part 803). staff in the Premerger Notification Office for their efforts in drafting the amendments to the HSR Rules and for their diligent administration of the premerger notification program.

I disagree with the Commission’s decision to publish the final amendments to the HSR Rules. It has long been accepted as a principle of good governance that federal agencies should issue new regulations only if their benefits exceed their costs. 2 In my view, the record does not support the conclusion that the new automatic withdrawal rule offers any benefits that justify its adoption. The notice of proposed rulemaking claims the automatic withdrawal rule is necessary to prevent the antitrust agencies from ‘‘expend[ing] scarce resources on hypothetical transactions.’’ 3 However, I have not seen evidence that any of the over 68,000 transactions that have been notified under the HSR Rules has resulted in the allocation of resources to a truly hypothetical transaction.

In the absence of evidence that the automatic withdrawal rule would remedy a problem that exists under the current HSR regime, and thus benefit the public, I believe we should refrain from creating new regulations.

[FR Doc. 2013–16539 Filed 7–9–13; 8:45 am]

**BILLING CODE 6750–01–P**

**CONSUMER PRODUCT SAFETY COMMISSION** 

**16 CFR Part 1500**

**[Docket No. CPSC–2009–0004]**

**Children’s Products Containing Lead; Procedures and Requirements for**  **Exclusions From Lead Limits Under Section 101(b) of the Consumer**  **Product Safety Improvement Act**

**AGENCY :**  Consumer Product Safety Commission.

**ACTION :**  Final rule.

**SUMMARY :**  The Consumer Product Safety Commission (CPSC or Commission) is issuing this rule to amend its existing regulations pertaining to procedures and requirements for exclusions from lead limits under section 101(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA) to reflect statutory changes mandated by Public Law 112–
28.

**DATES :**  Effective Date: July 10, 2013.

**FOR FURTHER INFORMATION CONTACT :**  Hyun Sun Kim, Office of the General Counsel, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; email: hkim@cpsc.gov; telephone: 301–504–
7632.

**SUPPLEMENTARY INFORMATION :**  Under section 101(a) of the CPSIA, consumer products designed or intended primarily for children 12 years old and younger that contain lead content in excess of 100 ppm are considered to be banned hazardous substances under the Federal Hazardous Substances Act (FHSA). The Commission previously published 16 CFR 1500.90 to provide procedures and requirements for evaluating products or materials for possible exclusion from the lead limits under section 101(b)(1) of the CPSIA.

On August 12, 2011, Public Law 112– 28 replaced section 101(b)(1) of the CPSIA in its entirety. Section 101(b)(1) of the CPSIA, as amended, now provides for a functional purpose exception from the lead content limits under certain circumstances and sets forth the procedures for granting an exception in the statute. 15 U.S.C. 1278(a)(b). Because the existing regulations at 16 CFR 1500.90 no longer reflect the current law, the Commission is amending that section to replace the current procedures and requirements with the statutory procedures and requirements set forth under Public Law 112–28. In addition, the Commission anticipates providing the public with a staff guidance on the applicable procedures for requesting an exemption, which will be made available on the CPSC Web site.

Although the Administrative Procedure Act (APA) generally requires notice and comment rulemaking, section 553 of the APA provides an exception when the agency, for good cause, finds that notice and public procedure are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ In this circumstance, the Commission concludes that notice and comment is not necessary. The statutory provision upon which 16 CFR 1500.90 was based has been revised and there is no action the Commission could take in response to comments that would change the underlying statutory provision. List of Subjects in 16 CFR Part 1500 Consumer protection, Hazardous materials, Hazardous substances, Imports, Infants and children, Labeling, Law enforcement, and Toys.

For the reasons stated above in the preamble, the Commission amends title 16 of the Code of Federal Regulations as follows:

**PART 1500—HAZARDOUS SUBSTANCES AND ARTICLES:**  **ADMINISTRATION AND ENFORCEMENT REGULATIONS** 

■ 1. The authority citation for part 1500 continues to read as follows:

Authority: 15 U.S.C. 1261–1278, 122 Stat. 3016, 125 Stat. 273.

■ 2. In § 1500.90, revise paragraph (b) and remove paragraphs (c) through (h) to read as follows:

* * * * *

(b) Exclusion of certain materials or products and inaccessible component parts. The CPSIA provides the following functional purpose exception from the lead limits stated in section 101(a) of the CPSIA.

(1) Functional purpose exception—(i) In general. The Commission, on its own initiative or upon petition by an interested party, shall grant an exception to the limit under paragraph (a) of this section for a specific product, class of product, material, or component part if the Commission, after notice and a hearing, determines that:

(A) The product, class of product, material, or component part requires the inclusion of lead because it is not practicable or not technologically feasible to manufacture such product, class of product, material, or component part, as the case may be, in accordance with paragraph (a) of this section by removing the excessive lead or by making the lead inaccessible;

(B) The product, class of product, material, or component part is not likely to be placed in the mouth or ingested, taking into account normal and reasonably foreseeable use and abuse of such product, class of product, material, or component part by a child; and

(C) An exception for the product, class of product, material, or component part will have no measurable adverse effect on public health or safety, taking into account normal and reasonably foreseeable use and abuse.

(ii) Measurement. For purposes of paragraph (b)(1)(i)(C) of this section, there is no measurable adverse effect on public health or safety if the exception described in paragraph (b)(1)(i) of this section will result in no measurable increase in blood lead levels of a child.


### 41299 Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Rules and Regulations

The Commission may adopt an alternative method of measurement other than blood lead levels if it determines, after notice and a hearing, that such alternative method is a better scientific method for measuring adverse effect on public health and safety.

(iii) Procedures for granting exception—(A) Burden of proof. A party seeking an exception under paragraph (b)(1)(i) of this section has the burden of demonstrating that it meets the requirements of such paragraph.

(B) Grounds for decision. In the case where a party has petitioned for an exception, in determining whether to grant the exception, the Commission may base its decision solely on the materials presented by the party seeking the exception and any materials received through notice and a hearing.

(C) Admissible evidence. In demonstrating that it meets the requirements of paragraph (b)(1)(i) of this section, a party seeking an exception under such paragraph may rely on any nonproprietary information submitted by any other party seeking such an exception and such information shall be considered part of the record presented by the party that relies on that information.

(D) Scope of exception. If an exception is sought for an entire product, the burden is on the petitioning party to demonstrate that the criteria in paragraph (b)(1)(i) of this section are met with respect to every accessible component or accessible material of the product.

(iv) Limitation on exception. If the Commission grants an exception for a product, class of product, material, or component part under paragraph (b)(1)(i) of this section, the Commission may, as necessary to protect public health or safety:

(A) Establish a lead limit that such product, class of product, material, or component part may not exceed; or

(B) Place a manufacturing expiration date on such exception or establish a schedule after which the manufacturer of such product, class of product, material, or component part shall be in full compliance with the limit established under paragraph (b)(1)(iv)(A) of this section or the limit set forth under paragraph (a) of this section.

(v) Application of exception. An exception under paragraph (b)(1)(i) of this section for a product, class of product, material, or component part shall apply regardless of the date of manufacture unless the Commission expressly provides otherwise.

(vi) Previously submitted petitions. A party seeking an exception under this paragraph may rely on materials previously submitted in connection with a petition for exclusion under this section. In such cases, petitioners must notify the Commission of their intent to rely on materials previously submitted. Such reliance does not affect petitioners’ obligation to demonstrate that they meet all requirements of this paragraph as required by paragraph (b)(1)(iii)(A) of this section.

(2) [Reserved]

* * * * *

Dated: June 28, 2013. Todd A. Stevenson, Secretary, Consumer Product Safety Commission.
[FR Doc. 2013–15944 Filed 7–9–13; 8:45 am]

**BILLING CODE 6355–01–P**

**DEPARTMENT OF HOMELAND SECURITY** 

**U.S. Customs and Border Protection**

**DEPARTMENT OF THE TREASURY**

**19 CFR Part 111**

**Customs Brokers**

CFR Correction

In Title 19 of the Code of Federal Regulations, Parts 0 to 140, revised as of April 1, 2013, on page 684, in § 111.13, in paragraph (b), reinstate the second sentence to read as follows:

**§ 111.13 Written examination for individual license.** 
* * * * *

(b) * * * Written examinations will be given on the first Monday in April and October unless the regularly scheduled examination date conflicts with a national holiday, religious observance, or other foreseeable event and the agency publishes in the Federal Register an appropriate notice of a change in the examination date. * * *

* * * * * [FR Doc. 2013–16653 Filed 7–9–13; 8:45 am]

**BILLING CODE 1505–01–D**

**DEPARTMENT OF HOMELAND SECURITY** 

**Coast Guard**

**33 CFR Part 100**

**[Docket No. USCG–2012–0572]**

**Regattas and Marine Parades; Great Lakes Annual Marine Events** 

**AGENCY :**  Coast Guard, DHS. **ACTION :**  Notice of enforcement of regulation.

**SUMMARY :**  The Coast Guard will enforce various special local regulations for annual regattas and marine parades in the Captain of the Port Detroit zone from 9:00 a.m. on June 21, 2013 through 7:00 p.m. on July 28, 2013. This action is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after regattas or marine parades. Enforcement of these special local regulations rule will establish restrictions upon, and control movement of, vessels in specified areas immediately prior to, during, and immediately after regattas or marine parades. During the enforcement periods, no person or vessel may enter the regulated areas without permission of the Captain of the Port.

**DATES :**  The regulations in 33 CFR 100 .914, .915, .918, and .919 will be enforced at various times between June 21, 2013 and July 28, 2013.

**FOR FURTHER INFORMATION CONTACT :**  If you have questions on this notice, call or email LT Adrian Palomeque, Prevention Department, Sector Detroit, Coast Guard; telephone (313)568–9508, email Adrian.F.Palomeque@uscg.mil.

**SUPPLEMENTARY INFORMATION :**  The Coast Guard will enforce the following special local regulations in 33 CFR 100 at the following dates and times:

(1) Sec. 100.914 Trenton Rotary Roar on the River, Trenton, MI.

This special local regulation will be enforced from 12:00 a.m. to 6:00 p.m. on July 19, 2013 and from 8:00 a.m. to 8:00 p.m. on July 20 and 21, 2013.

(2) Sec. 100.915 St. Clair River Classic Offshore Race, St. Clair, MI.

This special local regulation will be enforced from 10:00 a.m. to 7:00 p.m. on July 26, 27 and 28, 2013.

(3) Sec. 100.918 Detroit APBA Gold Cup, Detroit MI.

This special local regulation will be enforced from 7:00 a.m. to 7:00 p.m. on July 12, 13 and 14, 2013.

(4) Sec. 100.919 International Bay City River Roar, Bay City, MI.

This special local regulation will be enforced from 9:00 a.m. to 6:00 p.m. on June 21, 22, and 23, 2013. In the case of inclement weather on June 23, 2013, this special local regulation will also be enforced from 9:00 a.m. to 6:00 p.m. on June 24, 2013. Regulations

(1) In accordance with the general regulations in 33 CFR 100.901, entry into, transiting, or anchoring within these regulated areas is prohibited