[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Notices]
[Pages 4641-4643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1658]
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CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2010-0080]
Children's Products Containing Lead; Technological Feasibility of
100 ppm for Lead Content; Notice of Public Hearing
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of public hearing.
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SUMMARY: Section 101(a) of the Consumer Product Safety Improvement Act
(``CPSIA'') provides that, as of August 14, 2011, children's products
may not contain more than 100 parts per million (``ppm'') of lead
unless the Consumer Product Safety Commission (``CPSC,''
``Commission,'' or ``we'') determines that such a limit is not
technologically feasible. The Commission may make such a determination
only after notice and a hearing and after analyzing the public health
protections associated with substantially reducing lead in children's
products. Through this notice, the Commission is announcing that it
will conduct a public hearing to receive views from all interested
parties about the technological feasibility of meeting the 100 ppm lead
content limit for children's products and associated public health
considerations.
DATES: The public hearing will begin at 10 a.m. EST on February 16,
2011, and conclude the same day.
ADDRESSES: The public hearing will be held in the Hearing Room, 4th
Floor of the Bethesda Towers Building, 4330 East West Highway,
Bethesda, MD 20814.
Online Registration and Webcast: Members of the public who wish to
attend the public hearing are requested to preregister online at http://www.cpsc.gov/meetingsignup.html. You may register until 5 p.m. EST on
February 15, 2011. This public hearing also will be available live via
webcast on February 16, 2011, at http://www.cpsc.gov/webcast.
Registration is not necessary to view the webcast. A transcript will be
made of the proceedings of the public hearing.
Oral Presentations and Written Comments: To make oral
presentations, participants must preregister online. Presenters must
also submit a request to make an oral presentation, and the written
text of such comments captioned ``100 PPM--Technological Feasibility
Public Hearing'' by electronic mail (email) to [email protected], or
mailed or delivered to the Office of the Secretary, Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, MD 20814, no later
than 5 p.m. EST on February 10, 2011. Commenters should limit their
presentations to approximately 15 minutes, exclusive of any periods of
questioning by the Commissioners or CPSC staff. We may limit further
the time for any presentation and impose restrictions to avoid
excessive duplication of presentations.
Participants who are unable to make an oral presentation may submit
written comments regarding the issues outlined under Supplementary
Information captioned ``100 PPM--Technological
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Feasibility Public Hearing'' by electronic mail (email) to [email protected], or mailed or delivered to the Office of the Secretary,
Consumer Product Safety Commission, 4330 East West Highway, Bethesda,
MD 20814, no later than 5 p.m. EST on February 10, 2011.
Any information submitted in writing and orally to the CPSC at the
public hearing will become part of the public record.
FOR FURTHER INFORMATION CONTACT: Concerning requests and procedures for
oral presentations of comments: Rockelle Hammond, Consumer Product
Safety Commission, Bethesda, MD 20814; telephone: (301) 504-6833;
email: [email protected]. For all other matters: Dominique Williams,
Consumer Product Safety Commission, Bethesda, MD 20814; telephone:
(301) 504-7597; e-mail: [email protected].
SUPPLEMENTARY INFORMATION: Section 101(a)(2)(C) of the CPSIA (15 U.S.C.
1278a(a)(2)(C)) provides that, as of August 14, 2011, children's
products may not contain more than 100 parts per million (ppm) of lead
unless the Commission determines that such a limit is not
technologically feasible. The Commission may make this determination
only after notice and a hearing and after analyzing the public health
protections associated with substantially reducing lead in children's
products. Section 101(d) of the CPSIA (15 U.S.C. 1278a(d)) provides
that a lead limit shall be deemed technologically feasible with regard
to a product or product category if:
(1) A product that complies with the limit is commercially
available in the product category;
(2) Technology to comply with the limit is commercially available
to manufacturers or is otherwise available within the common meaning of
the term;
(3) Industrial strategies or devices have been developed that are
capable or will be capable of achieving such a limit by the effective
date of the limit and that companies, acting in good faith, are
generally capable of adopting; or
(4) Alternative practices, best practices, or other operational
changes would allow the manufacturer to comply with the limit.
If the Commission determines that the 100 ppm lead content limit is
not technologically feasible for a product or product category, section
101(a)(2)(D) of the CPSIA requires the Commission, by regulation, to
establish the lowest amount below 300 ppm that it determines is
technologically feasible. On July 27, 2010, we published a notice in
the Federal Register (75 FR 43942) requesting comments and information
regarding the technological feasibility for manufacturers to meet the
100 ppm lead content limits. We received comments from consumer groups,
manufacturers, retailers, associations, and laboratories regarding the
technological feasibility of meeting the 100 ppm lead content limit. A
number of commenters stated that some classes of materials will have
difficulty meeting the 100 ppm lead content limit, including metal
components and some glass and ceramic components. According to the
commenters, source materials, including recycled materials for metal
alloys, cannot comply consistently due to the variability of the
materials. A few commenters contended that other materials, such as
plastics, could comply if only virgin plastics are used.
However, some commenters stated that for all materials, there is
significant variability among test results, even for identical
products, due to variations in testing methodology and procedures, and
that inter- and intra-laboratory variability must be addressed. Several
commenters also stated that there are no demonstrable health benefits
of reducing lead limits from 300 ppm to 100 ppm in light of the
relative inaccessibility of lead that is bound in plastic or metal.
Other commenters stated that there are children's products in the
market now that meet the 100 ppm lead content limits, and that it is
not only possible, but also essential for the public health, to reduce
lead in consumer products--particularly children's products--to the
lowest levels that are technologically feasible. We are still reviewing
the comments and will consider them along with the additional
information presented at the hearing.
Participants should not resubmit their comments, which were
submitted in response to the July 27, 2010 notice. The Commission is
seeking new or additional information that specifically addresses the
issues outlined below in the public hearing that were not addressed in
the earlier comments:
(1) Please identify any product or product category that already
complies with the 100 ppm limit and describe the extent to which such
product(s) or product categories are commercially available in the
United States. We are interested especially in:
(a) Metal components in children's products, how such metal
components are sourced or obtained, and the extent to which lead is
found in metals alloys even when it is not introduced intentionally;
(b) Plastic and non-metal materials in children's products, how
such plastic and non-metal materials are sourced or obtained, and the
extent to which lead is found in such materials even when it is not
introduced intentionally;
(c) Glass and ceramic materials in children's products, how such
glass and ceramic materials are sourced or obtained, and the extent to
which lead is found in such materials even when it is not introduced
intentionally; and
(d) What factors or considerations should we evaluate in deciding
whether a product complying with the limit is ``commercially
available?''
(2) What technologies exist that would enable manufacturers to
comply with the 100 ppm limit? In responding to this question, please
describe the technology or technologies and the product or product
category that would benefit.
(a) Please describe the extent to which the technology or
technologies is commercially available or otherwise available to
manufacturers.
(b) Section 101(d)(2) of the CPSIA states that the technology to
comply with the limit is ``commercially available to manufacturers or
is otherwise available within the common meaning of the term.'' What
factors or considerations should we evaluate in deciding whether a
technology is ``commercially available'' or ``otherwise available
within the common meaning of the term?''
(3) What industrial strategies or devices have been developed that
are capable or will be capable of achieving a lead limit of 100 ppm by
August, 2011?
(a) What barriers, if any, exist to prevent a company from adopting
such an industrial strategy or device to achieve the desired limit?
(b) How might CPSC determine whether companies are acting in ``good
faith'' as to their capabilities in adopting a particular industrial
strategy or device?
(4) What alternative practices, best practices, or other
operational changes exist that would allow the manufacturer to comply
with the 100 ppm lead limit? What factors or considerations might
encourage or deter manufacturers from adopting such practices or
operational changes?
(5) What data on inter- and intra-laboratory variability and inter-
and intra-lot variability exists? In responding to this question, it
would be very helpful if the basis for such variability can be
explained. For example, the sensitivity of a particular piece of
laboratory equipment or the use
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of a particular test method might lead to some variation in results.
(6) What health effects are associated with a reduction of the lead
content limit from 300 ppm to 100 ppm? From 300 ppm to some other level
above 100 ppm? In responding to these questions, published scientific
or medical articles will be helpful.
Any information submitted in writing and orally to the CPSC at the
public hearing will become part of the public record. The public
hearing will begin at 10 a.m. EST on February 16, 2011, and will
conclude the same day. This public hearing will also be available live
via webcast on February 16, 2011, at http://www.cpsc.gov/webcast.
Requests to present oral comments must be submitted to the Office of
the Secretary no later than 5 p.m. EST on February 10, 2011. Written
comments, or a written copy of the text of the oral comments, must be
received no later than 5 p.m. EST on February 10, 2011. Commenters
should limit their presentations to approximately 15 minutes, exclusive
of any periods of questioning by the Commissioners or the CPSC staff.
We may limit further the time for any presentation and impose
restrictions to avoid excessive duplication of presentations. A
transcript will be made of the proceedings of the public hearing.
Access to the docket to read background documents, including a
transcript of the public meeting, or comments received, will be made
available at http://www.regulations.gov under Docket No. CPSC-2010-
0080.
Dated: January 21, 2011.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2011-1658 Filed 1-25-11; 8:45 am]
BILLING CODE 6355-01-P