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. 

2See 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. 

3Premerger 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. 


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

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 


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