[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Rules and Regulations]
[Pages 77492-77493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30238]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1303


Ban of Lead-Containing Paint and Certain Consumer Products 
Bearing Lead-Containing Paint

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

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SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is 
amending its regulations concerning the ban of lead-containing paint 
and certain consumer products bearing lead-containing paint.

DATES: This rule is effective on August 14, 2009.

FOR FURTHER INFORMATION CONTACT: Hyun Sun Kim, Office of the General 
Counsel, Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, Maryland 20814, email: [email protected].

SUPPLEMENTARY INFORMATION: The Commission's regulations at 16 CFR 
1303.1 currently define as ``banned hazardous products'' certain 
consumer products, including paint and similar surface-coating 
materials, toys and other articles intended for use by children, and 
certain furniture articles that are or bear lead-containing paint, that 
is paint in which the lead content is in excess of 0.06 percent of the 
weight of the total nonvolatile content of the paint or the weight of 
the dried paint film. On August 14, 2008, Congress enacted the Consumer 
Product Safety Improvement Act of 2008 (CPSIA), Public Law 110-314. 
Section 101(f)(1) of CPSIA mandates that 0.06 percent lead limit of 16 
CFR 1303.1 be reduced to 0.009 percent, effective August 14, 2009. 
Accordingly, the Commission amends 16 CFR 1303.1(a) by substituting 
``0.009 percent'' for ``0.06 percent,'' to become effective on that 
date. In addition, section 101(g) provides that any ban or rule 
promulgated under 16 CFR 1303.1 shall be considered a regulation 
promulgated under or for the enforcement of section 2(q) of the Federal 
Hazardous Substances Act (15 U.S.C. 1261(q)). Section 1303.1 is amended 
accordingly.

[[Page 77493]]

List of Subjects in 16 CFR Part 1303

    Consumer protection, Hazardous substances, Infants and children, 
Labeling, Lead poisoning.


0
Accordingly, 16 CFR part 1303 is amended as follows:

PART 1303--BAN LEAD-CONTAINING PAINT AND CERTAIN CONSUMER PRODUCTS 
BEARING LEAD-CONTAINING PAINT

0
1. The authority citation for part 1303 is revised to read as follows:

    Authority: Secs. 8, 9, 86 Stat. 1215-1217, as amended 90 Stat. 
506, 122 Stat. 3016, (15 U.S.C. 2057, 2058), Sec. 101, 122 Stat. 
3016.


0
2. Amend Sec.  1303.1 by revising paragraphs (a) introductory text and 
(c) and adding paragraph (d) to read as follows:


Sec.  1303.1  Scope and application.

    (a) In this part 1303, the Consumer Product Safety Commission 
declares that paint and similar surface-coating materials for consumer 
use that contain lead or lead compounds and in which the lead content 
(calculated as lead metal) is in excess of 0.06 percent (0.06 percent 
is reduced to 0.009 percent effective August 14, 2009 as mandated by 
Congress in section 101(f) of the Consumer Product Safety Improvement 
Act of 2008, Pub. L. 110-314) of the weight of the total nonvolatile 
content of the paint or the weight of the dried paint film (which paint 
and similar surface-coating materials are referred to hereafter as 
``lead-containing paint'') are banned hazardous products under sections 
8 and 9 of the Consumer Product Safety Act (CPSA), 15 U.S.C. 2057, 
2058. The following consumer products are also declared to be banned 
hazardous products:
* * * * *
    (c) The Commission has issued the ban because it has found that 
there is an unreasonable risk of lead poisoning in children associated 
with lead content of over 0.06 percent in paints and coatings to which 
children have access and that no feasible consumer product safety 
standard under the CPSA would adequately protect the public from this 
risk. The 0.06 percent is reduced to 0.009 percent effective August 14, 
2009 as mandated by Congress in section 101(f) of the Consumer Product 
Safety Improvement Act of 2008, Public Law 110-314.
    (d) Any ban or rule promulgated under 16 CFR 1303.1 shall be 
considered a regulation of the Commission promulgated under or for the 
enforcement of section 2(q) of the Federal Hazardous Substances Act (15 
U.S.C. 1261(q)).

0
3. Amend Sec.  1303.2 by revising paragraph (b)(2) to read as follows:


Sec.  1303.2  Definitions.

* * * * *
    (b) * * *
    (2) Lead-containing paint means paint or other similar surface 
coating materials containing lead or lead compounds and in which the 
lead content (calculated as lead metal) is in excess of 0.06 percent 
(0.06 percent is reduced to 0.009 percent effective August 14, 2009) by 
weight of the total nonvolatile content of the paint or the weight of 
the dried paint film.
* * * * *

    Dated: December 15, 2008.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
 [FR Doc. E8-30238 Filed 12-18-08; 8:45 am]
BILLING CODE 6355-01-P