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[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Proposed Rules]
[Pages 57682-57683]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23810]

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Chapter II

[Docket No. CPSC-2010-0087]

Petition Requesting Regulations Restricting Cadmium in Children's 
Products

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

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SUMMARY: The Consumer Product Safety Commission (``Commission'' or 
``CPSC'' or ``we'') has received a petition requesting standards 
restricting cadmium in children's products, especially toy metal 
jewelry. On September 6, 2011, the Commission granted the petition and 
directed CPSC staff to begin drafting a proposed rule unless a 
voluntary standard for cadmium in children's jewelry is published by 
ASTM International, Inc. (``ASTM'') within three months after September 
16, 2011. If a voluntary standard for cadmium in children's jewelry is 
published by ASTM within this timeframe, then CPSC staff is directed to 
assess the adequacy of the voluntary standard and whether there is 
substantial compliance with the voluntary standard and based on these 
assessments make a recommendation on the disposition of this petition 
within nine months after September 16, 2011.
    In addition, the Commission granted the petition and directed CPSC 
staff to begin drafting a proposed rule unless a voluntary standard for 
cadmium in children's toy jewelry is published by ASTM within three 
months after September 16, 2011. If a voluntary standard for cadmium in 
children's toy jewelry is published by ASTM within this timeframe, then 
CPSC staff is directed to assess the adequacy of the voluntary standard 
and whether there is substantial compliance with the voluntary standard 
and based on these assessments make a recommendation on the disposition 
of this petition within nine months after September 16, 2011.

FOR FURTHER INFORMATION CONTACT: Rocky Hammond, Office of the

[[Page 57683]]

Secretary, Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD, 20814; telephone (301) 504-6833, e-mail: 
rhammond@cpsc.gov.

SUPPLEMENTARY INFORMATION: On May 28, 2010, the Empire State Consumer 
Project, Sierra Club, Center for Environmental Health, and the 
Rochesterians Against the Misuse of Pesticides (``petitioners'') 
submitted a petition stating that the Commission should issue 
regulations to ban cadmium in all toy jewelry under the Federal 
Hazardous Substances Act (``FHSA''), 15 U.S.C. 1261 et seq. The request 
was docketed under the FHSA as Petition No. HP 10-2.
    Petitioners requested that the Commission adopt regulations 
declaring that any toy metal jewelry containing more than trace amounts 
of cadmium by weight, which could be ingested by children, be declared 
a banned hazardous substance. If the Commission finds that it lacks 
sufficient information to determine the appropriate level of cadmium in 
products, petitioners requested that the Commission, as an interim 
measure, adopt the maximum levels established for lead. In addition, 
petitioners requested a test method based on total cadmium, which 
simulates a child chewing the jewelry before swallowing, by cutting the 
metal jewelry in half, and evaluating the extractability of cadmium 
from children's metal jewelry based on a 24-hour acid extraction 
period. Petitioners also asserted that if the CPSC has insufficient 
information regarding cadmium, it should obtain additional information 
under the Interagency Testing Commission (``ITC'') through the Toxic 
Substances Control Act (``TSCA'') administered by the Environmental 
Protection Agency (``EPA'') to include metal jewelry in the scope of 
reporting under section 8(d) of the TSCA and require importers and 
processers to test toy metal jewelry for cadmium.
    On February 16, 2011, the Commission voted unanimously to defer its 
decision on the petition for six months and directed CPSC staff to 
participate in the ASTM subcommittees. Specifically, the Commission 
directed staff to participate in the ASTM F15.24 subcommittee to 
develop a voluntary standard addressing accessible cadmium from 
children's metal jewelry and to work with the ASTM F15.22 subcommittee 
on the ASTM F963 standard with respect to toy jewelry.
    On August 30, 2011, CPSC staff provided the Commission with an 
update regarding the voluntary standards activities under the ASTM 
subcommittees that would address cadmium in children's jewelry and toy 
jewelry. The update is available on the CPSC Web site at: http://www.cpsc.gov/LIBRARY/FOIA/FOIA11/brief/cadmiumpetupd.pdf. CPSC staff 
indicated that the work on those standards was expected to be completed 
in 2011.
    On September 6, 2011, by a 3-2 vote,\1\ the Commission granted the 
petition and directed CPSC staff to begin drafting a proposed rule 
unless a voluntary standard for cadmium in children's jewelry is 
published by ASTM within three months after September 16, 2011. If a 
voluntary standard for cadmium in children's jewelry is published by 
ASTM within this timeframe, then CPSC staff is directed to assess the 
adequacy of the voluntary standard and whether there is substantial 
compliance with the voluntary standard and based on these assessments 
make a recommendation on the disposition of this petition within nine 
months after September 16, 2011.
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    \1\ Chairman Inez M. Tenenbaum and Commissioners Thomas H. Moore 
and Robert S. Adler voted to take this action. Commissioners Nancy 
A. Nord, and Anne M. Northup voted to defer the petition (HP10-2) 
for an additional six months and direct staff to continue its 
participation in the ASTM F15.24 subcommittee to develop a voluntary 
standard addressing accessible cadmium from children's metal 
jewelry, as well as continue its participation in the ASTM F15.22 
subcommittee to amend the ASTM F963 toy safety standard. Chairman 
Tenenbaum and Commissioner Nord issued statements which are 
available at http://www.cpsc.gov/PR/statements.html.
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    In addition, the Commission granted the petition and directed CPSC 
staff to begin drafting a proposed rule unless a voluntary standard for 
cadmium in children's toy jewelry is published by ASTM within three 
months after September 16, 2011. If a voluntary standard for cadmium in 
children's toy jewelry is published by ASTM within this timeframe, then 
CPSC staff is directed to assess the adequacy of the voluntary standard 
and whether there is substantial compliance with the voluntary standard 
and based on these assessments make a recommendation on the disposition 
of this petition within nine months after September 16, 2011.
    The Commission further directed CPSC staff to issue a notice in the 
Federal Register announcing the outcome of the vote and status of the 
petition. Thus, this notice announces the vote that occurred on 
September 6, 2011, the actions that the Commission directed CPSC staff 
to take, and the status of the petition.

    Dated: September 13, 2011.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2011-23810 Filed 9-15-11; 8:45 am]
BILLING CODE 6355-01-P
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