Federal Register / Vol. 66, No. 34 / Tuesday, February 20, 2001 / Proposed Rules 10863

1Chairman Brown and Commissioner Moore

voted to grant the petition and send the ANPR

directly to the Office of the Federal Register for

publication. Commissioner Gall voted to grant the

petition and to submit the ANPR to the Office of

Management and Budget prior to sending it to the

Office of the Federal Register for publication.

Separate statements of Chairman Brown,

Commissioner Moore and Commissioner Gall

concerning their votes are available from the CPSC

Office of the Secretary.

The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration

proposes to amend 14 CFR part 71 as

follows:

PART 71— DESIGNATION OF CLASS

A, CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9H,

Airspace Designations and Reporting

Points, dated September 1, 2000, and

effective September 16, 2000, is to be

amended as follows:

* * * * *

Paragraph 6002 Class E airspace designated

as surface areas.

* * * * *

AAL AK E2 Bethel, AK [Revised]

Bethel Airport, AK

(Lat. 60°46′47′′ N., long. 161°50′17′′ W.)

Bethel VORTAC

(Lat. 60°47′05′′ N., long. 161°49′27′′ W.)

Within a 4.1-mile radius of the Bethel

Airport, excluding that portion below 1,100

feet MSL between the 061° radial and the

081° radial from 2.9 miles northeast of the

Bethel VORTAC. This Class E airspace area

is effective during the specific dates and

times established in advance by a Notice to

Airmen. The effective date and time will

thereafter be continuously published in the

Airport/Facility Directory.

* * * * *

Paragraph 6004 Class E airspace designated

as an Extension to a Class D or Class E

surface area.

* * * * *

AAL AK E4 Bethel, AK [Revised]

Bethel Airport, AK

(Lat. 60°46′47′′ N., long. 161°50′17′′ W.)

Bethel VORTAC

(Lat. 60°47′05′′ N., long. 161°49′27′′ W.)

That airspace extending upward from the

surface within 3 miles each side of the 022°

radial from the Bethel VORTAC, extending

from the 4.1-mile radius of the Bethel Airport

to 8.2 miles northeast of the airport,

excluding that portion below 1,100 feet MSL

between the 061° radial and the 081° radial

from 2.9 miles northeast of the Bethel

VORTAC, within 3.4 miles each side of the

Bethel VORTAC 006° radial, extending from

the 4.1-mile radius of the Bethel Airport to

11 miles north of the Bethel VORTAC and

within 3.5 miles each side of the Bethel

VORTAC 213° radial extending from the 4.1-

mile radius of the Bethel Airport to 5 miles

southwest of the airport.

* * * * *

Issued in Anchorage, AK, on February 12,

2001.

Stephen P. Creamer,

Assistant Manager, Air Traffic Division,

Alaskan Region.

[FR Doc. 01–4140 Filed 2–16–01; 8:45 am]

BILLING CODE 4910–13–P

CONSUMER PRODUCT SAFETY

COMMISSION

16 CFR Part 1500

Candle Wicks Containing Lead and

Candles with Such Wicks; Advance

Notice of Proposed Rulemaking;

Request for Comments and

Information

AGENCY: Consumer Product Safety

Commission.

ACTION: Advance notice of proposed

rulemaking.

SUMMARY: In March of 2000, the

Consumer Product Safety Commission

(CPSC) collectively docketed under

Petition No. HP 00–3 petitions

submitted by several petitioners

requesting that the Commission ban

candle wicks containing lead and

candles with such wicks. A candle wick

containing lead is one with a metallic

core that contains lead. Based on

information in those petitions and

subsequent investigations by CPSC staff,

the Commission has reason to believe

that certain candles with wicks

containing lead may emit toxic levels of

lead as a result of normal use, and thus

may contribute to substantial illness.

This advance notice of proposed

rulemaking (ANPR) initiates a

rulemaking proceeding that could result

in a rule banning certain candle wicks

containing lead and candles with such

wicks.1 This proceeding is commenced

under the Federal Hazardous

Substances Act.

The Commission solicits written

comments concerning the risks of

illness associated with burning candles

with wicks containing lead, the

regulatory alternatives discussed in this

notice, other possible ways to address

these risks, and the economic impacts of

the various regulatory alternatives. The

Commission also invites interested

persons to submit an existing standard,

or a statement of intent to modify or

develop a voluntary standard, to address

the risk of illness described in this

notice.

DATE: Written comments and

submissions in response to this notice

must be received by April 23, 2001.

ADDRESSES: Comments should be

mailed, preferably in five copies, to the

Office of the Secretary, Consumer

Product Safety Commission,

Washington, DC 20207–0001, or

delivered to the Office of the Secretary,

Consumer Product Safety Commission,

Room 502, 4330 East-West Highway,

Bethesda, Maryland 20814; telephone

(301) 504–0800. Comments also may be

filed by telefacsimile to (301) 504–0127

or by e-mail to cpsc-os@cpsc.gov.

Comments should be captioned ‘‘ANPR

for Candle Wicks Containing Lead.’’

FOR FURTHER INFORMATION CONTACT: Ms.

Kristina Hatlelid, Ph.D., M.P.H.,

Directorate for Health Sciences,

Consumer Product Safety Commission,

Washington, DC 20207; telephone (301)

504–0494, ext. 1389.

SUPPLEMENTARY INFORMATION:

A. Background/Product

On March 17, 2000, the CPSC

collectively docketed as a petition under

the Federal Hazardous Substances Act

(FHSA) petitions received from Public

Citizen and jointly from the National

Apartment Association and the National

Multi Housing Council, all of which

requested that the Commission ban

lead-containing candles and wicks sold

for candle-making that contain lead

(Petition No. HP 00–3). 65 FR 19742

(April 12, 2000).

A candlewick containing lead is a

wick with a metallic core that contains

lead. The metallic core may be primarily

lead or may be primarily zinc or tin

with a lesser lead content. Such metallic

cores are used to provide structural

rigidity to the wick to keep it straight

during candle production and to

provide an upright wick during burning.

Information obtained from the

petitions and subsequent Commission

staff investigations indicates that

burning candles containing metalliccored wicks with a lead content

exceeding 0.06% by weight may result

in potentially toxic levels of air

emissions of lead.

B. The Risk of Illness

The scientific community recognizes

a level of 10 micrograms of lead per

deciliter of blood (10 μg/dL) as a

10864 Federal Register / Vol. 66, No. 34 / Tuesday, February 20, 2001 / Proposed Rules

threshold level of concern with respect

to lead poisoning in children. The most

current national survey shows that

nearly 1 million children have elevated

blood lead levels (greater than (10 μg/

dL). This figure represents

approximately 4.4% of children under 6

years of age.

The adverse health effects of lead

poisoning in children are welldocumented and may have long-lasting

or permanent consequences. These

effects include neurological damage,

delayed mental and physical

development, attention and learning

deficiencies, and hearing problems.

Because lead accumulates in the body,

even exposure to small amounts can

contribute to the subsequent risk of

adverse health effects.

Investigations by the CPSC laboratory

staff and other laboratories indicate that

lead-cored candles can emit up to 2,200

μg of lead per hour during candle

burning. These investigations also

indicate that the rate at which lead

might be emitted from burning a

particular candle cannot reliably be

predicted based on the lead content of

the wick in question. CPSC staff

believes that, under some use

conditions, these lead emissions present

a risk to consumers through inhalation

of airborne lead and through contact

with lead deposited onto surfaces in the

room.

C. Relevant Statutory Provisions

This proceeding is conducted

pursuant to the Federal Hazardous

Substances Act (FHSA), 15 U.S.C. 1261

et seq. Section 2(f)(1)(A) of the FHSA

defines ‘‘hazardous substance’’ to

include any substance or mixture of

substances which is toxic and may

cause substantial illness as a proximate

result of any customary or reasonably

foreseeable handling or use. 15 U.S.C.

1261(f)(1)(A).

Under section 2(q)(1)(B) of the FHSA,

if the Commission determines that,

‘‘notwithstanding such cautionary

labeling as is or may be required under

this Act for that substance, the degree or

nature of the hazard involved in the

presence or use of such [hazardous]

substance in households is such that the

objective of the protection of the public

health and safety can be adequately

served only by keeping such substance,

when so intended or packaged, out of

the channels of interstate commerce,’’

then such substance is a ‘‘banned

hazardous substance.’’ 15 U.S.C.

1261(q)(1)(B).

Section 3(b) of the FHSA provides

authority for the Commission to

establish additional labeling

requirements for hazardous substances

beyond those prescribed by section

2(p)(1) of the Act if necessary for

protection of the public health and

safety. 15 U.S.C. 1262(b). Once such

additional requirements are established

by regulation, a product intended, or

packaged in a form suitable, for use in

the household or by children that is not

so labeled is a ‘‘misbranded’’ hazardous

substance. Id.

Section 3(a) of the FHSA governs a

Commission proceeding to declare a

substance a ‘‘hazardous substance.’’ 15

U.S.C 1262(a). Sections 3(f) through 3(i),

15 U.S.C. 1262(f)–(i), govern a

proceeding to promulgate a regulation

declaring a hazardous substance to be a

banned hazardous substance.

As provided in sections 3(a)(2) and

3(f), this proceeding is commenced by

issuance of this ANPR. After

considering any comments submitted in

response to this ANPR, the Commission

will decide whether to issue a proposed

rule and a preliminary regulatory

analysis in accordance with section 3(h)

of the FHSA. If a proposed rule is

issued, the Commission would then

consider the comments received in

response to the proposed rule in

deciding whether to issue a final rule

and a final regulatory analysis. 15 U.S.C.

1262(i).

D. Regulatory Alternatives

One or more of the following

alternatives could be used to reduce the

identified risks associated with candle

wicks containing lead and candles with

such wicks.

1. Mandatory rule. The Commission

could issue a rule declaring certain

candle wicks containing lead and

candles with such wicks to be banned

hazardous substances. This rule could

define the banned products in terms of

physical or performance characteristics,

or both.

2. Labeling rule. The Commission

could issue a special labeling rule for

candle wicks containing lead and

candles with such wicks requiring that

they contain specified warnings and

instructions.

3. Voluntary standard. If the industry

developed, adopted, and substantially

conformed to an adequate voluntary

standard, the Commission could defer to

the voluntary standard in lieu of issuing

a mandatory rule.

E. Existing Standards

In 1974, the Candle Manufacturers

Association trade group made a

voluntary commitment to eliminate lead

from candle wicks. However, analyses

by CPSC and by Public Citizen of the

lead content of recently-purchased

metallic wick candles show that wicks

in some candles currently on the market

continue to contain substantial amounts

of lead.

In September 1999 the Australian

Minister for Financial Services and

Regulation banned the sale of candles

with lead wicks in that country. In June

2000 the New Zealand Minister of

Consumer Affairs banned the

importation or sale of lead wick candles

in that country. According to

Commission staff, neither of these bans

are based on a standard for maximum

allowable lead level. The Commission is

not aware of any other promulgated

state, voluntary, foreign, international,

or other standard dealing with the

described risk of illness.

F. Economic Considerations

1. Candle sales

Retail sales of candles in the U.S. for

1999 are estimated to be $2.3 billion,

and are expected to rise to $3.2 billion

in 2001. U.S. imports of candles in 1999

amounted to about $484 million, about

half from the Far East, about one third

from the Americas (mostly Canada and

Mexico), and less than 10 percent from

Europe and Great Britain.

2. Suppliers

Based on information gathered by

CPSC staff, there are at least 200 and

possibly over 350 commercial,

institutional, and religious

manufacturers of candles in the U.S.

Most of these manufacturers are

apparently small businesses.

There are only a few manufacturers of

candle wicks in the U.S. The leading

domestic firm indicates to CPSC staff

that it supplies the majority of candle

wicks to the U.S. candle industry.

3. Substitutes

CPSC staff believes that substitutes for

lead wicks are readily available. Staff

also believes that substituting non-lead

materials for lead in wicks will not

increase costs to candle manufacturers

or consumers. Comments on both of

these issues are specifically solicited.

G. Solicitation of Information and

Comments

This ANPR is an initial step in a

proceeding that could result in a

mandatory rule for candle wicks

containing lead and candles with such

wicks to address the described risk of

illness. All interested persons are

invited to submit to the Commission

their comments on any aspect of the

alternatives discussed above. In

particular, CPSC solicits the following

additional information:

1. The types and numbers of candle

wicks containing lead and candles with

Federal Register / Vol. 66, No. 34 / Tuesday, February 20, 2001 / Proposed Rules 10865

such wicks produced for sale in the U.S.

each year from 1990 to the present;

2. The names and addresses of

manufacturers and distributors of

candle wicks containing lead and

candles with such wicks;

3. Comparisons of the utility obtained

from candle wicks containing lead and

candles with such wicks versus any

available substitute products;

4. An explanation of substitutes for

candle wicks containing lead and

candles with such wicks that could

reduce the described risk of illness;

5. Physical or performance

characteristics of the wick and candle

products that could or should not be

used to define which products might be

subject to a rule;

6. The costs to wick and candle

manufacturers involved in either

substituting materials for lead in

metallic-cored wicks to remove the risk

or removing candles with such wicks

from the market;

7. The costs to wick manufacturers/

importers/distributors of testing or other

efforts to ensure that wicks are in

compliance.

8. Other information on the potential

costs and benefits of potential rules;

9. Information on any potentially

significant environmental impacts of

any of the regulatory alternatives

identified in this ANPR, including a ban

on candles and candle wicks containing

more that 0.06% lead by weight;

10. Steps that have been taken by

industry or others to reduce the risk of

illness from the products;

11. The likelihood and nature of any

significant economic impact of a rule on

small entities;

12. The costs and benefits of

mandating a banning, labeling, or

instructions requirement.

Also, in accordance with section 3(f)

of the FHSA, the Commission solicits:

1. Written comments with respect to

the risk of illness identified by the

Commission, the regulatory alternatives

being considered, and other possible

alternatives for addressing the risk.

2. Any existing standard or portion of

a standard which could be issued as a

proposed regulation.

3. A statement of intention to modify

or develop a voluntary standard to

address the risk of illness discussed in

this notice, along with a description of

a plan (including a schedule) to do so.

Comments should be mailed,

preferably in five copies, to the Office of

the Secretary, Consumer Product Safety

Commission, Washington, DC 20207–

0001, or delivered to the Office of the

Secretary, Consumer Product Safety

Commission, Room 502, 4330 East-West

Highway, Bethesda, Maryland 20814;

telephone (301) 504–0800. Comments

also may be filed by telefacsimile to

(301) 504–0127 or by e-mail to cpscos@cpsc.gov. Comments should be

captioned ‘‘ANPR for Candle Wicks

Containing Lead.’’ All comments and

submissions should be received no later

than April 23, 2001.

Dated: February 13, 2001.

Sadye E. Dunn,

Secretary, Consumer Product Safety

Commission.

[FR Doc. 01–4030 Filed 2–16–01; 8:45 am]

BILLING CODE 6355–01–P

DEPARTMENT OF LABOR

Employment and Training

Administration

20 CFR Parts 655 and 656

RIN 1215–AB09

Labor Condition Applications and

Requirements for Employers Using

Nonimmigrants on H–1B Visas in

Specialty Occupations and as Fashion

Models; Labor Certification Process

for Permanent Employment of Aliens

in the United States

AGENCY: Employment and Training

Administration, Labor, in concurrence

with the Wage and Hour Division,

Employment Standards Administration,

Labor.

ACTION: Extension of comment period.

SUMMARY: This document extends the

period for filing comments regarding the

Interim Final Rule (‘‘IFR’’) published on

December 20, 2000 (65 FR 80110),

which implemented the American

Competitiveness and Workforce

Improvement Act of 1998 (‘‘ACWIA’’)

and clarified existing Departmental

rules relating to the temporary

employment in the United States of

nonimmigrants under H–1B visas.

DATES: Comments must be received on

or before April 23, 2001.

ADDRESSES: Submit written comments

concerning Part 655 to Deputy

Administrator, Wage and Hour Division,

ATTN: Immigration Team, U.S.

Department of Labor, Room S–3502, 200

Constitution Avenue, NW., Washington,

DC 20210. Commenters who wish to

receive notification of receipt of

comments are requested to include a

self-addressed, stamped post card.

Comments may also be transmitted by

facsimile (‘‘FAX’’) machine to (202)

693–1432. This is not a toll-free number.

Submit written comments concerning

Part 656 to the Assistant Secretary for

Employment and Training, ATTN:

Division of Foreign Labor Certifications,

U.S. Employment Service, Employment

and Training Administration,

Department of Labor, Room C–4318, 200

Constitution Avenue, NW., Washington,

DC 20210. Commenters who wish to

receive notification of receipt of

comments are requested to include a

self-addressed, stamped post card.

Comments may also be transmitted by

facsimile (‘‘FAX’’) machine to (202)

693–2769. This is not a toll-free number.

FOR FURTHER INFORMATION CONTACT:

Michael Ginley, Director, Office of

Enforcement Policy, Wage and Hour

Division, Employment Standards

Administration, Department of Labor,

Room S–3510, 200 Constitution Avenue,

NW., Washington, DC 20210.

Telephone: (202) 693–0745 (this is not

a toll-free number).

Dale M. Ziegler, Chief, Division of

Foreign Labor Certifications, U.S.

Employment Service, Employment and

Training Administration, Department of

Labor, Room C–4318, 200 Constitution

Avenue, NW., Washington, DC 20210.

Telephone: (202) 693–2942 (this is not

a toll-free number).

SUPPLEMENTARY INFORMATION: On

December 20, 2000, the Department

published an Interim Final Rule (65 FR

80110) (‘‘IFR’’), following a Notice of

Proposed Rulemaking which was

published on January 5, 1999 (64 FR

628) (‘‘NPRM’’). The IFR revised the

Department’s regulations relating to the

employment of H–1B nonimmigrants as

necessitated by the enactment of the

American Competitiveness and

Workforce Improvement Act of 1998

(‘‘ACWIA’’). The IFR also revised

certain provisions of the regulations

which had been published for comment

as a Proposed Rule on October 31, 1995

as well as in the NPRM of January 5,

1999. The IFR sought comments on all

provisions of the regulatory revisions, as

well as on other matters which were

proposed for the first time in the IFR.

Interested parties were requested to

submitted written comments on or

before February 20, 2001.

Because of the continuing interest in

the revisions and new proposals made

in the IFR, the Department believes that

it is desirable to extend the comment

period for all interested parties.

Therefore, the comment period for the

IFR is extended through April 23, 2001.