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[Federal Register: January 20, 2010 (Volume 75, Number 12)]
[Rules and Regulations]               
[Page 3154-3159]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ja10-8]                         

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1500

 
Children's Products Containing Lead; Exemptions for Certain 
Electronic Devices

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

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SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is 
issuing a final rule concerning certain electronic devices for which it 
is not technologically feasible to meet the lead limits as required 
under section 101 of the Consumer Product Safety Improvement Act of 
2008 (CPSIA).\1\
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    \1\ The Commission voted 5-0 to publish this final rule, with 
changes, in the Federal Register. Chairman Inez M. Tenenbaum, and 
Commissioners Thomas H. Moore, Nancy Nord, Robert Adler, and Anne 
Northup voted to publish the notice with changes. Commissioner 
Northup issued a statement, and the statement can be found at http://www.cpsc.gov/PR/northup01062010devices.pdf.

DATES: Effective Date: This final rule is effective on January 20, 
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2010.

FOR FURTHER INFORMATION CONTACT: Kristina Hatlelid, Ph.D., 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 Consumer Product Safety Improvement Act of 2008 (CPSIA), Public 
Law 110-314, 122 Stat. 3016, provides for specific lead limits in 
children's products. Section 101(a) of the CPSIA provides that, by 
February 10, 2009, products designed or intended primarily for children 
12 and younger may not contain more than 600 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. The limit

[[Page 3155]]

will be further reduced to 100 ppm after three years, or August 14, 
2011, 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. Section 101 
(b)(2)(B) of the CPSIA further provides that the Commission shall 
promulgate a rule providing guidance with respect to what product 
components or classes of components will be considered to be 
inaccessible. An interpretative rule providing guidance on 
inaccessibility (inaccessibility rule) was published in the Federal 
Register on August 7, 2009 (74 FR 39535).
    In addition, if the Commission determines that it is not 
technologically feasible for certain electronic devices to comply with 
the lead limits, section 101(b)(4) of the CPSIA provides that the 
Commission shall issue requirements by regulation to eliminate or 
minimize the potential for exposure to and accessibility of lead in 
such electronic devices, and establish a schedule for achieving full 
compliance unless the Commission determines that full compliance with 
the lead limits is not technologically feasible within such a schedule. 
Under section 101(d) of the CPSIA, technological feasibility is based 
on the commercial availability of products, technology, or other 
practices that will allow compliance with the lead limits.
    On January 15, 2009, the Commission issued a notice of proposed 
rulemaking on requirements for certain electronic devices that could 
not comply with the lead limits due to technological infeasibility (74 
FR 2435). The notice of proposed rulemaking was withdrawn on February 
12, 2009 (74 FR 7021). On that date, the Commission issued an interim 
final rule (74 FR 6991) to provide certain exemptions for children's 
electronic devices including:
     Inaccessible lead-containing component parts;
     Accessible lead-containing components parts that cannot be 
produced without lead due to the lack of technologically feasible 
substitutions and which require lead for the proper functioning of the 
component part; and
     Lead-containing spare parts or other removable components 
which are inaccessible when the product is assembled in functional form 
or is otherwise granted an exemption.
    The interim final rule also directed Commission staff to reevaluate 
and report to the Commission on the technical feasibility of compliance 
with the lead limits, including the technological feasibility of making 
accessible component parts inaccessible, and the status of the 
exemptions no less than every five years after publication of a final 
rule in the Federal Register. Comments on the interim final rule were 
due on March 16, 2009.

C. Discussion of Comments to the Interim Final Rule

    The Commission received seven comments from consumer groups, 
electronics associations, companies, and individuals. In general, most 
comments sought to narrow or expand the scope of the exemptions.

1. Summary of the Law--Section 1500.88(a)

    Section 1500.88(a), in essence, summarized the lead content limits 
in children's products under section 101 of the CPSIA and how, over 
time, the limits decrease from 600 ppm to 100 ppm by August 14, 2011 
unless the Commission determines that it is not technologically 
feasible to meet this lower limit. Section 1500.88(a) also stated that, 
``Paint, coatings or electroplating may not be considered a barrier 
that would make the lead content of a product inaccessible to a 
child.''
    We did not receive any comment on this provision. However, we have, 
on our own initiative, revised the last sentence by adding, ``Section 
101(b)(2) of the CPSIA further 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.''

2. Technological Feasibility--Section 1500.88(b)

    Section 1500.88(b) explained that if the Commission determines that 
it is not technologically feasible for certain electronic devices, the 
Commission must issue requirements by regulation to eliminate or 
minimize the potential for exposure to and accessibility of lead in 
such electronic devices and establish a schedule by which such 
electronic devices shall be in full compliance unless the Commission 
determines that full compliance is not technologically feasible for 
such devices within a schedule set by the Commission.
    We have, on our own initiative, modified this section to add 
``within a schedule set by the Commission'' after ``such devices.'' 
This modification reflects the statutory language at section 
101(b)(4)(B) of the CPSIA.
    One commenter requested guidance regarding the definition of 
``electronic devices.''
    The CPSIA does not provide a definition for electronic devices. 
However, we believe a reasonable definition of an electronic device is 
``a device that generates, stores, distributes, or converts electrical 
energy into another energy form.'' Examples of children's electronic 
devices include, but are not limited to, products with batteries or 
power cords (or that use solar power or other power sources), such as 
music players, headphones, some toys and games, some calculators, and 
certain computers or similar electronic learning products.

3. Certain Lead-Containing Component Parts--Section 1500.88(c)

    Section 1500.88(c) provided that certain lead-containing component 
parts in electronic devices that are unable to meet the lead limits 
would be granted exemptions provided that the use of lead is necessary 
for the proper functioning of the component part and it is not 
technologically feasible for the component part to meet the lead 
content limits.
    On our own initiative, we have modified this section to add the 
word ``accessible'' in between ``certain'' and ``lead-containing 
component parts,'' to make clear that the exemptions in the rule are 
applicable only to accessible component parts. Inaccessible component 
parts are already excluded from the lead limits under section 101(b)(2) 
of the CPSIA.

[[Page 3156]]

    One commenter stated that the exemptions should be narrowed to 
cover only components of electrical goods. This commenter asserted that 
the language in the interim final rule could be read to exclude general 
materials that contain metal alloys and enable manufacturers to add 
lead although it may not be technologically necessary to do so.
    The rule was intended to be limited to the materials and components 
necessary for the electronic functioning of children's electronic 
devices. In response to the comments, we have revised Sec.  1500.88(c) 
by adding the word ``electronic'' before the word ``functioning.'' In 
addition, we have further clarified Sec.  1500.88(d) to add the word 
``electronic'' before ``component parts'' in the first sentence. Non-
functional uses of lead in children's electronic devices remain subject 
to the lead content limits under section 101(a) of the CPSIA. For 
example, if the metal component part was purely decorative, such as a 
cell phone charm or wrist accessory sold with, or attached to, a 
child's phone, that charm or accessory is not necessary to the proper 
electronic functioning of the component part and is subject to the lead 
content limits.
    Another commenter requested that the exemptions for the metal alloy 
components in children's electronic devices be extended to products 
whose mechanical functions require the use of material containing lead, 
such as a brass collar on the wheel of a toy. The commenter also 
asserted that the electronic exemption for ``lead-bronze bearing shells 
and bushings'' are not primarily used for the transmission of 
electrical current, but are mechanical devices.
    Section 101(b)(4) of the CPSIA allows exemptions to the lead 
content limits if the Commission finds that it is not technologically 
feasible to remove the lead from the electronic devices. This section 
does not provide for exemptions for other types of products that are 
unrelated to electronic devices. The exemptions under this rule include 
bearing shells and bushings only when those bearing shells and bushings 
are integral to the operation of certain electronic devices, such as 
electric motors. For this reason, lead-bronze bearing shells and 
bushings are allowed in children's electronic devices. However, the 
exemption does not extend to bearing shells and bushings in children's 
products that are unrelated to electronic operations because they do 
not fall within the scope of these exemptions. Such components must 
comply with the CPSIA's lead content limits. We note that if such 
components are inaccessible to a child, they would not be subject to 
the CPSIA lead content limits under 16 CFR 1500.87.
    One commenter stated that the health implications of lead exposure 
from the electronic products have not been considered and that the 
interim final rule does not provide an incentive to improve technology 
to reduce lead content. The commenter also stated that exempted 
products should be labeled as to lead content. Another commenter stated 
that no exemptions should be granted given the dangerous effects of 
lead in children.
    As discussed in the preamble to the interim final rule (74 FR at 
6992), the complete elimination of lead, or the reduction in lead 
content to the lead content limits specified in the CPSIA, is currently 
not technologically feasible for certain components of children's 
electronic products. Accordingly, the final rule provides for 
exemptions from the lead limits for a limited number of components of 
electronic devices that must be manufactured using lead, including in 
certain metal alloys. Such component parts could include power cord 
pins, cathode-ray tubes, and electrical connectors. Children are not 
expected to experience significant exposures to lead from these few 
applications. The lead containing components that are being exempted 
are components that one would not expect children to mouth, swallow, or 
handle for significant periods under normal and reasonably foreseeable 
conditions. Moreover, with few exceptions, many electronic devices will 
be in compliance with the lead limits under the CPSIA either because 
they already meet the lead content limits or because the lead-
containing component part is inaccessible (74 FR at 6992).
    Furthermore, we do not believe that labeling electronic devices for 
their lead content would add to the safety of these products. In the 
absence of the exemptions provided for in the CPSIA and this rule, 
certain electronics devices would be banned if they were intended 
primarily for children. The likely substitute for some of these 
products would be similar products that are intended for general 
consumer use. Thus, not providing these exemptions could result in 
increases in the children's lead exposure from products intended for 
general consumer use that are not subject either to the lead 
limitations in the CPSIA or the alternate lead limits provided for in 
the exemptions under this rule.
    We also disagree with the commenter's assertion that the rule does 
not provide incentives for technological improvements. Congress 
recognized that certain electronic devices currently may not be able to 
meet the lead content limits. However, under section 101(b)(5) of the 
CPSIA, the Commission specifically was directed to periodically review 
and revise the regulations, as necessary, no less than every five 
years. The Commission intends to continue to evaluate the technological 
feasibility of making accessible component parts inaccessible, and to 
reevaluate the exemptions within that time frame as provided under 
Sec.  1500.88(f) of this rule.

4. Exemptions for Lead--Section 1500.88(d)

    This section set forth the specific exemptions for lead as used in 
certain component parts in children's products. As discussed in part 
C.3 of this preamble, we have added the word ``electronic'' before 
``component parts'' in the first sentence of Sec.  1500.88(d) to make 
clear that this rule applies to materials and components necessary for 
the electronic functioning of children's electronic devices.
    Additionally, on our own initiative, we have revised Sec.  
1500.88(d)(1) to insert a comma between ``electronic components'' and 
``and fluorescent tubes'' to clarify that electronic components and 
fluorescent tubes should be considered as separate items rather than as 
one item or as synonyms. We also have revised Sec.  1500.88(d)(2) to 
replace ``3,500 ppm'' with ``3,500 ppm,'' for purposes of consistency 
with how the ppm levels are expressed elsewhere in the final rule. We 
also have revised Sec.  1500.88(d)(8) to insert a comma between ``the 
seal frit and frit ring'' and ``as well as in print pastes'' to clarify 
that a seal frit and frit ring are distinct from print pastes.
    Commenters representing the electronics industry manufacturers 
asserted that the list of exempted materials and components in the 
final rule is too limited. They requested that the rule incorporate all 
of the current exemptions of the use of lead in the European Union's 
Restriction on Hazardous Substances (EU RoHS) directive to avoid 
inconsistencies and to harmonize with other standards. They claimed 
that while ongoing research aims to find alternatives and eliminate the 
use of lead, it is not yet technologically feasible to avoid all uses 
of lead. The commenters also asserted that testing for lead in 
electronic products is difficult and costly.
    We do not believe that it is necessary to incorporate into the rule 
all of the exemptions listed in the EU RoHS directive. (European Union 
Directive 2002/95/EC and amendments to the directive are available at 
http://eur-[[Page 3157]]lex.europa.eu/en/index.htm.) The European Union and other countries and 
authorities have adopted restrictions on the use of lead and other 
chemicals in electronic devices to address concerns related to human 
health and environmental impacts of waste electrical and electronic 
equipment. The EU RoHS directive allows certain exemptions if 
substitution is not possible from the scientific and technical point of 
view or if the negative environmental or health impacts caused by 
substitution are likely to outweigh the human and environmental 
benefits of the substitution. It also specifies that exemptions must be 
reviewed at least every four years with the aim of removing such 
exemptions if it becomes technologically or scientifically possible to 
replace the lead in a particular application. The list of exemptions 
covered under the EU RoHS directive is intended to cover all electric 
and electronic equipment.
    The list of exemptions provided under this rule is intended to 
allow the use of lead-containing components used in children's products 
that are necessary for the electronic functioning of the children's 
electronic device. Accordingly, the list of exemptions does not include 
exemptions for uses of lead in components that have no application to, 
or would not otherwise be used in children's products. For example, 
adopting the EU RoHS directive would result in the inclusion of EU RoHS 
directive exemption 23, ``Lead alloys as solder for transducers used in 
high-powered (designed to operate for several hours at acoustic power 
levels of 125dB SPL and above) loudspeakers'' into the final rule. Such 
high powered speakers may be appropriate for use in a stadium, but are 
not a children's product. Because the commenters did not identify any 
specific exemption under the EU RoHS directive or similar directives 
that may, in fact, require the use of lead in a component of children's 
electronic devices and that also is not listed as an exemption under 
this rule, we decline to revise the list of exemptions at this time. We 
note that this rule does not preclude the commenters from complying 
with the EU RoHS directive if they choose to do so. However, if 
commenters need additional exemptions for lead-containing component 
parts in children's electronic devices, they can submit a petition 
under the procedures set forth under 16 CFR part 1051 with the 
supporting documentation. A general request for regulatory action which 
does not reasonably specify the type of action requested is not 
sufficient for purposes of a petition request. 16 CFR 1051.6(a)(5).
    Commenters also requested that the rule explicitly state that 
exempted or inaccessible parts are not subject to the testing 
requirement of section 102 of the CPSIA.
    With regard to inaccessible component parts, the preamble to the 
inaccessibility rule stated that a manufacturer currently is not 
required to provide third-party testing to demonstrate inaccessibility 
(74 FR at 39537). In addition, many of the exemptions provided under 
this rule do not require testing under section 102 of the CPSIA because 
there are no lead limits associated with the exemptions. However, the 
exemptions for the metal alloys are not blanket or absolute exemptions. 
Instead, they are presented as alternate lead limits. As such, those 
components, i.e., copper (less than 4 percent lead by weight), steel 
(less than 0.35 percent lead by weight), and aluminum (less than 0.4 
percent lead by weight), must still be tested by the manufacturer to 
verify that these component parts comply with these higher lead limits 
under section 102 of the CPSIA.
    The Commission intends to address component part testing and the 
establishment of protocols and standards for ensuring that children's 
products are tested for compliance with applicable children's products 
safety rules in an upcoming rulemaking.
    As for the other specific exemptions mentioned in Sec.  1500.88(d), 
such as lead used in compliant pin connector systems (Sec.  
1500.88(d)(6)), lead used in optical and filter glass (Sec.  
1500.88(d)(7)), lead oxide in plasma display panels and surface 
conduction electron emitter displays used in structural elements (Sec.  
1500.88(d)(8)), and lead oxide in the glass envelope of Black Light 
Blue lamps (Sec.  1500.88(d)(9)), we did not receive comments on those 
provisions. Consequently, the final rule retains those provisions 
without change.

5. Removable or Replaceable Parts--Section 1500.88(e)

    This section provided that components of electronic devices that 
are removable or replaceable, such as battery packs and light bulbs, 
are not subject to the lead content limits if they were otherwise 
granted an exemption, or are inaccessible when the product is assembled 
in functional form.
    On our own initiative, we have added commas after ``replaceable'' 
and ``exemption'' to clarify that section for readability.
    Several commenters addressed removable and replaceable parts. Some 
commenters supported the exemption from the lead content limits for 
such parts on the basis that replacing or installing parts of a 
children's electronic device is not a children's activity. Other 
commenters opposed the exemption because children could access the 
lead-containing parts when they are not installed.
    We decline to revise the rule as suggested by some commenters. We 
have determined that removable or replaceable parts, such as battery 
packs and light bulbs, that are inaccessible when installed in the 
product, are not subject to the lead content requirements. When 
installed, such parts are inaccessible under 16 CFR 1500.87. In 
addition, these types of spare parts or replacement parts, including 
battery pack and light bulbs, are not intended primarily for children 
since such parts are available for general use by the public. While 
spare parts may sometimes be included with a children's product, in 
many instances, the parts, necessary for the functioning of the 
electronic device, are to be installed by adults, and are inaccessible 
to children once installed.
    One commenter requested guidance regarding whether a metal key sold 
with electrical electronic equipment would be subject to the lead 
content limits. According to the commenter, keys are made with copper 
alloy and aluminum and contain lead of up to 0.4%. The commenter stated 
that substitutes containing lead below 300 ppm are unavailable.
    The definition of ``children's product'' means a consumer product 
designed or intended primarily for children 12 years of age. A key used 
in connection with a child's electronic device does not necessarily 
make the key a children's product if the key is intended for an adult 
to use in safeguarding or monitoring the use of the electronic 
equipment. In such instances, the key would be in the possession of the 
adult at all times, and would not be considered a children's product. 
In other instances, if a key is to be used primarily by a child in 
connection with an electronic device, an exemption from the lead 
content limits under the CPSIA would apply only in instances where such 
a key is necessary for the electronic functioning of the device.

6. Review Period--Section 1500.88(f)

    This section provides that the Commission staff will reevaluate and 
report to the Commission on the technological feasibility of compliance 
with the lead content limits for

[[Page 3158]]

children's electronic devices, including the technological feasibility 
of making accessible component part inaccessible, and the status of the 
exemptions no less than every five years.
    One commenter stated that the EU RoHS directive specifies that 
exemptions must be reviewed every four years. The commenter requested 
that the Commission adopt the same four year review cycle.
    As discussed in part C.4 of this preamble, we are not adopting all 
of the exemptions in the EU RoHS directive. Accordingly, the 
Commission's review of the exemptions provided under this rule will be 
based on the application of lead in children's electronic devices. 
Section 101(b)(5) of the CPSIA provides that reviews and possible 
revision must occur no less frequently than every five years. Thus, we 
do not believe that the rule needs to be revised at this time. However, 
to the extent technological advances are made in the next few years, 
such that the existing exemptions warrant revision or rescission, we 
will review such changes and consider revisions prior to the five year 
review period.

D. Impact on Small Businesses

    Under the Regulatory Flexibility Act (RFA), when an agency issues a 
proposed rule, it generally must prepare an initial regulatory 
flexibility analysis describing the impact the proposed rule is 
expected to have on small entities. 5 U.S.C. 603. The RFA does not 
require a regulatory flexibility analysis if the head of the agency 
certifies that the rule will not have a significant effect on a 
substantial number of small entities.
    In the preamble to the interim final rule (74 FR at 6992), the 
Commission's Directorate for Economic Analysis determined that the 
exemption for certain specified materials from the requirements of 
section 101(a) of the CPSIA will not result in any increase in the 
costs of production for any firm. Its only effect on businesses, 
including small businesses, will be to reduce the costs associated with 
compliance with the lead content limits of the CPSIA. Based on the 
foregoing assessment, the Commission certifies that the rule would not 
have a significant impact on a substantial number of small entities.

E. Environmental Considerations

    Generally, CPSC rules are considered to ``have little or no 
potential for affecting the human environment,'' and environmental 
assessments are not usually prepared for these rules (see 16 CFR 
1021.5(c)(1)). The final rule is not expected to have an adverse impact 
on the environment, thus, the Commission concludes that no environment 
assessment or environmental impact statement is required in this 
proceeding.

F. Executive Orders

    According to Executive Order 12988 (February 5, 1996), agencies 
must state in clear language the preemptive effect, if any, of new 
regulations. The preemptive effect of regulations such as this final 
rule is stated in section 18 of the Federal Hazardous Substances Act. 
15 U.S.C. 1261n.

G. Effective Date

    The Administrative Procedure Act requires that a substantive rule 
must be published not less than 30 days before its effective date, 
unless the rule relieves a restriction. 5 U.S.C. 553(d)(1). Because the 
final rule provides relief from existing testing requirements under the 
CPSIA and is virtually identical to an interim final rule that has been 
in effect since February 10, 2009, the effective date for the final 
rule is January 20, 2010.

List of Subjects in 16 CFR Part 1500

    Consumer protection, Hazardous materials, Hazardous substances, 
Imports, Infants and children, Labeling, Law enforcement, and Toys.

0
For the reasons stated above, the Commission amends chapter II of title 
16 of the Code of Federal Regulations as follows:

PART 1500--HAZARDOUS SUBSTANCES AND ARTICLES: ADMINISTRATION AND 
ENFORCEMENT REGULATIONS

0
1. The authority citation for part 1500 continues to read as follows:

    Authority: 15 U.S.C. 1261-1278, 122 Stat. 3016.


0
2. Revise Sec.  1500.88 to read as follows:


Sec.  1500.88  Exemptions from lead limits under section 101 of the 
Consumer Product Safety Improvement Act for Certain Electronic Devices.

    (a) The Consumer Product Safety Improvement Act (CPSIA) provides 
for specific lead limits in children's products. Section 101(a) of the 
CPSIA provides that by February 10, 2009, products designed or intended 
primarily for children 12 and younger may not contain more than 600 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 will be further reduced to 100 ppm, 
unless the Commission determines that it is not technologically 
feasible to meet this lower limit. Section 101(b)(2) of the CPSIA 
further 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.
    (b) Section 101(b)(4) of the CPSIA provides that if the Commission 
determines that it is not technologically feasible for certain 
electronic devices to comply with the lead limits, the Commission must 
issue requirements by regulation to eliminate or minimize the potential 
for exposure to and accessibility of lead in such electronic devices 
and establish a compliance schedule unless the Commission determines 
that full compliance is not technologically feasible within a schedule 
set by the Commission.
    (c) Certain accessible lead-containing component parts in 
children's electronic devices unable to meet the lead limits set forth 
in paragraph (a) of this section due to technological infeasibility are 
granted the exemptions that follow in paragraph (d) of this section 
below, provided that use of lead is necessary for the proper electronic 
functioning of the component part and it is not technologically 
feasible for the component part to meet the lead content limits set 
forth in paragraph (a) of this section.
    (d) Exemptions for lead as used in certain electronic components 
parts in children's electronic devices include:
    (1) Lead blended into the glass of cathode ray tubes, electronic 
components, and fluorescent tubes.
    (2) Lead used as an alloying element in steel. The maximum amount 
of lead shall be less than 0.35% by weight (3,500 ppm).
    (3) Lead used in the manufacture of aluminum. The maximum amount of 
lead shall be less than 0.4% by weight (4,000 ppm).
    (4) Lead used in copper-based alloys. The maximum amount of lead 
shall be less than 4% by weight (40,000 ppm).
    (5) Lead used in lead-bronze bearing shells and bushings.
    (6) Lead used in compliant pin connector systems.
    (7) Lead used in optical and filter glass.

[[Page 3159]]

    (8) Lead oxide in plasma display panels (PDP) and surface 
conduction electron emitter displays (SED) used in structural elements; 
notably in the front and rear glass dielectric layer, the bus 
electrode, the black stripe, the address electrode, the barrier ribs, 
the seal frit and frit ring, as well as in print pastes.
    (9) Lead oxide in the glass envelope of Black Light Blue (BLB) 
lamps.
    (e) Components of electronic devices that are removable or 
replaceable, such as battery packs and light bulbs that are 
inaccessible when the product is assembled in functional form or are 
otherwise granted an exemption, are not subject to the lead limits in 
paragraph (a) of this section.
    (f) Commission staff is directed to reevaluate and report to the 
Commission on the technological feasibility of compliance with the lead 
limits in paragraph (a) of this section for children's electronic 
devices, including the technological feasibility of making accessible 
component parts inaccessible, and the status of the exemptions, no less 
than every five years after publication of a final rule in the Federal 
Register on children's electronic devices.

    Dated: January 12, 2010.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2010-877 Filed 1-19-10; 8:45 am]
BILLING CODE 6355-01-P
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