[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Notices]
[Pages 12944-12945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5231]
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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, Reopening of the Hearing Record
AGENCY: U.S. Consumer Product Safety Commission.
ACTION: Notice, reopening of the hearing record.
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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 U.S. 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. On February 16, 2011, the Commission conducted 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.
Individual Commissioners requested at the hearing that certain
participants respond to additional questions in writing, as well as
submit relevant studies and additional data referenced in oral
presentations. Accordingly, through this notice, the Commission is
reopening the hearing record until March 24, 2011.
ADDRESSES: Supplemental Materials identified by Docket No. CPSC-2010-
0080 may be submitted by any of the following methods:
Electronic Submissions
Supplemental Materials may be submitted to the Office of the
Secretary by e-mail at [email protected].
Written Submissions
Submit written submissions in the following way:
Mail/Hand delivery/Courier (for paper, disk, or CD-ROM
submissions), preferably in five copies, to: Office of the Secretary,
U.S. Consumer Product Safety Commission, Room 502, 4330 East West
Highway, Bethesda, MD 20814; telephone (301) 504-7923.
Instructions: All submissions received must include the agency name
and docket number for this notice. All materials received may be posted
without change, including any personal identifiers, contact
information, or other personal information provided, to http://www.regulations.gov. Do not submit confidential business information,
trade secret information, or other sensitive or protected information
electronically. Such information should be submitted in writing.
Docket: For access to the docket to read background documents or
comments received, go to: http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Concerning submission of materials:
Rockelle Hammond, U.S. Consumer Product Safety Commission, Bethesda, MD
20814; telephone: (301) 504-6833; e-mail: [email protected]. For all
other matters: Dominique Williams, U.S. 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.
In the Federal Register of January 26, 2011 (76 FR 4641), we published
a notice (``hearing notice'') announcing that the Commission would hold
a public hearing pursuant to section 101(a) of the CPSIA. The hearing
notice stated that the Commission was seeking information on specific
issues, such as whether any product or product
[[Page 12945]]
category already complies with the 100 ppm limit and what factors or
considerations we should evaluate in deciding whether a technology is
``commercially available.''
We held the hearing on February 16, 2011. We heard presentations by
and received comments from consumer groups, manufacturers,
associations, and laboratories regarding the technological feasibility
of meeting the 100 ppm lead content limit. At the hearing, individual
Commissioners requested that certain participants respond to additional
questions in writing and submit relevant studies and additional data.
Through this notice, we are announcing that we have placed individual
Commissioner's additional questions into the docket and will place any
responses into the docket. The questions submitted and responses that
are received will be made available on http://www.regulations.gov under
Docket No. CPSC-2010-0080, Supporting and Related Material. The
Commission will consider any additional material received during the
reopening of the hearing record, in addition to information collected
at the hearing, in the course of evaluating its response. The
Commission is reopening the hearing record to add individual
Commissioner's questions to the docket and allow for responses to those
questions, and so the hearing record will remain open until March 24,
2011.
Dated: March 3, 2011.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2011-5231 Filed 3-8-11; 8:45 am]
BILLING CODE 6355-01-P