[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Proposed Rules]
[Pages 2428-2433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-715]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1500


Children's Products Containing Lead; Notice of Proposed 
Procedures and Requirements for a Commission Determination or Exclusion

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of proposed procedures and requirements.

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SUMMARY: On August 14, 2008, Congress enacted the Consumer Product 
Safety

[[Page 2429]]

Improvement Act of 2008 (CPSIA), Public Law 110-314. The Commission 
proposes to establish procedures and requirements for: A Commission 
determination that a commodity or class of materials or a specific 
material or product does not exceed the lead content limits specified 
under section 101(a) of the CPSIA; or an exclusion of a commodity or 
class of materials or a specific material or product under section 
101(b), that exceeds the lead content limits under section 101(a), but 
which will not result in the absorption of any lead into the human body 
nor have any other adverse impact on public health or safety. This 
notice sets out and solicits comments on proposed procedures and 
requirements and information to be supplied with such requests.

DATES: Written comments and submissions in response to this notice must 
be received by February 17, 2009.

ADDRESSES: Comments on the proposed procedures and requirements for 
Commission determinations that specific materials or products do not 
exceed the lead content limits should be e-mailed to 
[email protected]. Comments should be captioned ``Section 
101(a) Determinations.'' Comments on the proposed procedures and 
requirements for Commission decisions on requests for exclusions under 
section 101(b) should be e-mailed to [email protected]. 
Comments should be captioned ``Section 101(b) Exclusions.'' Comments 
may also be mailed, preferably in five copies, to the Office of the 
Secretary, Consumer Product Safety Commission, Room 502, 4330 East West 
Highway, Bethesda, Maryland 20814, or delivered to the same address 
(telephone (301) 504-7923). Comments also may be filed by facsimile to 
(301) 504-0127.
    Comments on the Paperwork Reduction Act burdens posed by these 
proposals should be directed to the Desk Officer for the Consumer 
Product Safety Commission, Office of Information and Regulatory 
Affairs, OMB, Washington, DC 20503. The Commission asks commenters to 
provide copies of such comments to the Commission's Office of the 
Secretary, with a caption or cover letter identifying the materials as 
comments submitted to OMB on the proposed collection of information 
requirements in the proposed procedures and requirements under sections 
101(a) and (b) of the CPSIA.

FOR FURTHER INFORMATION CONTACT: Kristina Hatlelid, PhD, M.P.H., 
Directorate for Health Sciences, Consumer Product Safety Commission, 
4330 East West Highway, Bethesda, Maryland 20814; telephone (301) 504-
7254; e-mail [email protected].

SUPPLEMENTARY INFORMATION: 

A. Background

    The CPSIA establishes specific limits on lead in children's 
products. Section 101(a) of the CPSIA provides that by February 10, 
2009, products designed or intended primarily for children 12 and 
younger may not contain more than 600 ppm of lead. After August 14, 
2009, products designed or intended primarily for children 12 and 
younger cannot contain more than 300 ppm of lead. On August 14, 2011, 
the limit may be further reduced to 100 ppm unless the Commission 
determines that it is not technologically feasible to have this lower 
limit. Paint, coatings or electroplating may not be considered a 
barrier that would make the lead content of a product inaccessible to a 
child.

B. Legal Considerations

1. Materials or Products That Do Not Exceed the Lead Limits

    Under section 101(a) of CPSIA, consumer products designed or 
intended primarily for children 12 years old and younger that do not 
contain more than 600 ppm of lead (as of February 10, 2009), 300 ppm of 
lead (as of August 14, 2009); 100 ppm after three years (as of August 
14, 2011), unless the Commission determines that it is not 
technologically feasible to have this lower limit, are not considered 
to be banned hazardous substances under the Federal Hazardous 
Substances Act (FHSA). However, in the absence of Commission action, 
children's products remain subject to the testing requirements of 
section 102 of the CPSIA (codified at Sec.  14 of the Consumer Product 
Safety Act (CPSA)).
    Under these provisions, for children's products manufactured on and 
after February 10, 2009, general conformity certificates certifying 
that they comply with the applicable lead content limit are required. 
The certification must be based on tests of each product or a 
reasonable testing program. On and after August 14, 2009, absent 
Commission action to the contrary, the certificates must be based on 
testing performed by a third-party laboratory whose accreditation to 
perform the testing has been accepted by the Commission. Comments 
submitted to the Commission suggest that these testing and 
certification requirements will result in significant expense for 
products that may be inherently free of lead or dangerous lead levels.
    Section 3 of the CPSIA grants the Commission general rulemaking 
authority to issue regulations, as necessary, to implement the CPSIA. 
There may be certain commodities or classes of products or materials 
that inherently do not contain lead or contain lead at levels that 
would not exceed the lead content limits under section 101(a) of the 
CPSIA. To the extent that such materials or products exist, the 
Commission, either of its own initiative or upon the request of an 
interested person, is proposing to exercise its CPSIA section 3 
authority to make determinations that certain commodities or classes of 
material or products do not exceed the lead limits of section 101(a). 
This rule proposes a procedure by which the Commission will address 
requests for determinations that these types of materials or products 
do not and would not exceed the lead limits. The effect of such a 
Commission finding would be to relieve that material or product from 
the testing requirement of section 102 for purposes of supporting the 
required certification.
    If this proposal is issued in final form, the Commission would 
concentrate its efforts on evaluating those materials that are 
commodity-like, are used across industry in a number of applications, 
and are subject to detailed consensus standards related to lead content 
and other pertinent properties. Given the Commission's resources, 
requests to evaluate individual products of a single manufacturer would 
be assigned a very low priority.
    Of course even where a material or product has been so relieved of 
the testing requirement, it must still meet the statutory lead level 
requirements in actual fact. The Commission will obtain and test 
products in the marketplace to assure that this remains the case and 
will take appropriate enforcement action in situations where that is 
not the case.

2. Materials or Products That Exceed the Lead Limits

    The Commission is also proposing procedures to address requests for 
exclusions for certain products or materials that exceed the lead 
content limits in section 101(a). Section 101(b)(1) of the CPSIA 
provides that the Commission may, by regulation, exclude a specific 
product or material that exceeds the lead limits established for 
children's products under section 101(a) if the Commission, after 
notice and a hearing, determines on the basis of the best-available, 
objective, peer-reviewed, scientific evidence that lead in such product 
or material will neither (a) result in the absorption of any lead

[[Page 2430]]

into the human body, taking into account normal and reasonably 
foreseeable use and abuse of such product by a child, including 
swallowing, mouthing, breaking, or other children's activities, and the 
aging of the product; nor (b) have any other adverse impact on public 
health or safety.
    Under section 101(b) of the CPSIA, the Commission is required to 
provide notice and a hearing to consider and evaluate the best-
available, objective, peer-reviewed, scientific data before 
promulgating a rule on exclusions. Section 553 of the Administrative 
Procedure Act (APA), provides that after notice, the agency must give 
interested persons an opportunity to participate in the rule making 
through submission of written data, views, or arguments with or without 
opportunity for oral presentation. 5 U.S.C. 553(c). Section 101(b) does 
not require a ``hearing on the record,'' which would trigger more 
extensive procedural requirements under the APA. Accordingly, for this 
matter the Commission has determined that an oral hearing is not 
necessary to satisfy the requirements of due process.\1\ Given the 
highly technical nature of the information sought--peer-reviewed, 
scientific data--the Commission believes that the APA notice and 
comment procedures based on written submissions would provide the most 
efficient process for obtaining the required information as well as 
provide adequate opportunity for all interested parties to participate 
in the proceedings.
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    \1\ The Supreme Court has held that paper hearing procedures are 
adequate where, in the total context of the process, they are deemed 
to ensure adequate notice and a genuine opportunity to explain one's 
case. Mathews v. Eldridge, 424 U.S. 319, 334-35 (1976). See also 
United States v. Florida East Coast Railway Co., 410 U.S. 224, 238-
41(1973).
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C. Procedures and Requirements

1. Inherent Lead Content Level Determination

    Any request for a Commission determination that a specific material 
or product contains no lead or a lead level below the applicable 
statutory limit must be supported by objectively reasonable and 
representative test results or other scientific evidence showing that 
the product or material does not, and would not, exceed the lead limit 
specified in the request.
    A justification submitted by an interested party for a 
determination must include a detailed description of the product or 
material; data on the lead content of parts of the product or the 
materials used in the production of a product; data or information on 
manufacturing processes through which lead may be introduced into the 
product or material; any other information relevant to the potential 
for the lead content of the product or material to exceed the statutory 
lead limit specified in the request, that is 600 ppm, 300 ppm, or 100 
ppm, as applicable; and detailed information on the test methods used 
to support such data, including the type of equipment used and any 
other techniques employed, as well as a statement as to why the data is 
representative of the lead content of such products or materials 
generally and why the assessment of the manufacturing processes 
strongly supports a conclusion that they would not be a source of lead 
contamination of the product or material, if relevant. MSDS sheets will 
not be sufficient to satisfy the representative testing criteria 
because they do not show sufficient information regarding lead content. 
Rather, the showing necessary to obtain an exclusion must be based on 
objectively reasonable and representative testing of the material or 
product.
    As noted above, given the potential number of requests for 
determinations that might be submitted to the Commission, the 
Commission would evaluate industry-wide applications for commodities or 
classes of materials or products based on technical specifications or 
other data suggesting that the generic commodity or class of materials 
is representative of that used by a number of manufacturers before it 
will review any brand specific products or proprietary formulas from 
individual manufacturers. The type of materials or product classes that 
the Commission considers may fall within the class for priority 
evaluation might include, but not be limited to, materials such as 
paper, vegetable dyes, inks, adhesives, fabrics, and the like, provided 
that adequate documentation of the technical specifications of the 
materials or products such that they are representative of a broad 
class and testing data is provided as to those generic products. In 
time, the Commission would apply the same criteria on a product by 
product or material by material basis, if necessary, and provided it 
has the resources to do so.
    Upon receipt of a complete request for a determination, the 
Commission proposes to direct the Office of Hazard Identification and 
Reduction to assess the request and make an initial determination. If 
the recommendation is to grant the exclusion, the Commission will 
publish a notice of proposed rulemaking inviting public comment on 
whether the determination should be granted in final form, and the 
Office of Hazard Identification and Reduction will review and evaluate 
the comments and supporting documentation before making its 
recommendation to the Commission for final agency action.

2. Exclusion of a Material or Product Exceeding Lead Content Limit

    For products that exceed the lead content limits prescribed in 
section 101(a) of the CPSIA, the Commission proposes procedures that 
will allow the Commission to evaluate products or materials for 
possible exclusions under section 101(b)(1) of the CPSIA. Under this 
section, such evaluations must be based on the best-available, 
objective, peer-reviewed, scientific evidence showing that lead in such 
product or material will not result in the absorption of any lead into 
the body, taking into account normal and reasonable foreseeable use and 
abuse by a child, nor have any other adverse impact on health or 
safety. Therefore, a request for an exclusion must be supported by the 
best-available, objective, peer-reviewed, scientific evidence that 
address these issues, such as test results indicating how much lead is 
present in the product, how much lead comes out of the product and the 
conditions under which that may happen, and information relating to a 
child's interaction, if any, with the product.\2\
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    \2\ The Commission notes that the statutory language of section 
101(b)(1) makes it difficult to make a showing that would be 
adequate to exclude any material or product on that basis.
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    Upon receipt of a complete exclusion request, the Commission 
proposes to direct the Office of Hazard Identification and Reduction to 
assess the request and make an initial determination. If the 
recommendation is to grant the exclusion, the Commission will publish a 
notice of proposed rulemaking inviting public comment on whether the 
exclusion should be issued in final form, and the Office of Hazard 
Identification and Reduction will review and evaluate the comments and 
supporting documentation before making its recommendation to the 
Commission for final agency action.

D. Effect of Filing a Lead Content Determination or Exclusion Request

    The filing of a request for a lead content determination or for an 
exclusion would not have the effect of automatically staying the effect 
of any provision or limit under the statutes and regulations enforced 
by the Commission. Unless issued in final form by the Commission after 
notice and comment, all CPSC requirements related to the lead content 
in the material or

[[Page 2431]]

product and all applicable testing and certification requirements would 
remain in full force and effect. CPSIA Sec.  101(e). However, the 
Commission's ability to exercise its enforcement discretion is not 
eliminated nor diminished.

E. Impact on Small Businesses

    Under the Regulatory Flexibility Act (RFA), when an agency issues a 
proposed rule, it generally must prepare an initial regulatory 
flexibility analysis describing the impact the proposed rule is 
expected to have on small entities. 5 U.S.C. 603. The RFA does not 
require a regulatory flexibility analysis if the head of the agency 
certifies that the rule will not have a significant effect on a 
substantial number of small entities.
    The Commission's Directorate for Economic Analysis prepared a 
preliminary assessment of the impact of relieving certain materials or 
products from the testing requirements of section 102 of the CPSIA. 
That assessment found that the procedures and requirements would only 
impact those firms that wish to seek a formal Commission determination 
or exclusion from the requirements. Its only potential effect on 
businesses, including small businesses, will be to reduce the costs 
that would have been associated with testing the materials under 
section 102 of the CPSIA, if the request is granted. Based on the 
foregoing assessment, the Commission preliminarily finds that the 
proposed rule would not have a significant impact on a substantial 
number of small entities.

F. Environmental Considerations

    Generally, CPSC rules are considered to ``have little or no 
potential for affecting the human environment,'' and environmental 
assessments are not usually prepared for these rules (see 16 CFR 
1021.5(c)(1)). The proposed rule will not result in any additional use 
of lead over what is occurring at the present time. Therefore, the 
Commission does not expect the proposal to have any negative 
environmental impact.

G. Executive Orders

    According to Executive Order 12988 (February 5, 1996), agencies 
must state in clear language the preemptive effect, if any, of new 
regulations. The preemptive effect of regulations such as this proposal 
is stated in section 18 of the FHSA. 15 U.S.C. 1261n.

H. Paperwork Reduction Act

    Since the proposed rule would require manufacturers to provide 
certain information along with any request for a Commission 
determination or exclusion, the proposed rule contains ``collection of 
information requirements'' as that term is used in the Paperwork 
Reduction Act, 44 U.S.C. 3501-3520. Therefore, the proposed rule is 
being submitted to the Office of Management and Budget (OMB) in 
accordance with 44 U.S.C. 3507(d) and implementing regulations codified 
at 5 CFR 1320.11. The estimated costs of these requirements will depend 
on the number of requests that are received by the Commission.
    The number of manufacturers or importers that might seek a 
determination that their products or materials do not contain lead or 
exceed the lead content limits or that might seek an exclusion from the 
lead-content requirements for their product is not currently known. The 
requirements for obtaining a determination or exclusion are extensive, 
which may be a deterrent to some firms; however, because a very broad 
range of products, materials and components are affected by the lead 
content limits, the number of firms seeking such determinations or 
exclusions could be higher than expected. It would be expected that the 
firms making such requests would be familiar with the product or 
material for which the determination or exemption is sought and the 
required information may already be in the firm's possession or easily 
obtainable.
    Based on comments received on the CPSIA lead content provisions 
thus far, staff estimates that a minimum of approximately 250 firms may 
submit requests. The burden to assemble the information and prepare the 
submission, if performed by a senior level management employee, may 
take approximately 40 hours. The compensation would be approximately 
$60 an hour (U.S. Department of Labor, Bureau of Labor Statistics), and 
the average cost of preparing a submission would be about $2,400 ($60 x 
40). An estimate of the annual burden for the information collection 
could reach $600,000.
    An estimate of the burden on the federal government to review each 
submission could be as much as 24 hours at an average hourly wage of 
$56, the equivalent of a GS-14 employee, or $1,344 for each submission 
($56 x 24). If approximately 250 submissions are received, the cost of 
the annual burden to the federal government will be approximately 
$336,000.

I. Effective Date

    The APA generally requires that a substantive rule be published not 
less than 30 days before its effective date, unless the agency finds 
for good cause shown, that a lesser time period is required. 5 U.S.C. 
553(d)(3). Because the Commission recognizes the need for providing 
procedures for Commission determinations and exclusions expeditiously, 
for good cause shown, the proposed effective date is the date of 
publication of a final rule in the Federal Register.

J. List of Relevant Documents

    (1) Memorandum from Kristina M. Hatlelid, PhD, M.P.H., 
Toxicologist, Directorate for Health Sciences ``Consumer Product Safety 
Improvement Act of 2008 (CPSIA): Exclusions from Compliance with Limits 
for Lead, Certain Materials of Products: Required Technical 
Information.'' December 2008.
    (2) Memorandum from Robert Franklin, Economist, Directorate for 
Economic Analysis, ``Procedures for Determinations Regarding Lead 
Limits and Procedures for Exclusions from Lead Limits Under Section 101 
of the Consumer Product Safety Improvement: Small Business and 
Environmental Impacts.'' December 2008.

List of Subjects in 16 CFR Part 1500

    Consumer protection, Hazardous materials, Hazardous substances, 
Imports, Infants and children, Labeling, Law enforcement, and Toys.

K. Conclusion

    For the reasons stated above, the Commission proposes to amend 
title 16 of the Code of Federal Regulations as follows:

PART 1500--HAZARDOUS SUBSTANCES AND ARTICLES: ADMINISTRATION AND 
ENFORCEMENT REGULATIONS

    1. The authority for part 1500 is amended to read as follows:


    Authority: 15 U.S.C. 1261-1278, 122 Stat. 3016.

    2. Add new Sec. Sec.  1500.89 and 1500.90 to read as follows:


Sec.  1500.89  Procedures for Determinations Regarding Lead Content of 
Materials or Products under Section 101(a) of the Consumer Product 
Safety Improvement Act.

    (a) The Consumer Product Safety Improvement Act provides for 
specific lead limits in children's products. Section 101(a) of the 
CPSIA provides that by February 10, 2009, products designed or intended 
primarily for children 12 and younger may not contain more than 600 ppm 
of lead. After August 14, 2009, products designed or intended primarily 
for children 12 and younger cannot contain

[[Page 2432]]

more than 300 ppm of lead. On August 14, 2011, the limit may be further 
reduced to 100 ppm, unless the Commission determines that it is not 
technologically feasible to meet this lower limit. Paint, coatings or 
electroplating may not be considered a barrier that would make the lead 
content of a product inaccessible to a child.
    (b) The Commission may, either on its own initiative or upon the 
request of any interested person, make a determination that a material 
or product does not contain lead levels that exceed 600 ppm, 300 ppm or 
100 ppm.
    (c) To request a determination under paragraph (b) of this section, 
the request must:
    (1) Be e-mailed to [email protected] and titled ``Section 101 
Request for Lead Content Determination.'' Requests may also be mailed, 
preferably in five copies, to the Office of the Secretary, Consumer 
Product Safety Commission, Room 502, 4330 East-West Highway, Bethesda, 
Maryland 20814, or delivered to the same address.
    (2) Be written in the English language.
    (3) Contain the name and address, and e-mail address or telephone 
number, of the requestor.
    (4) Provide Documentation including:
    (i) A detailed description of the product or material;
    (ii) Data on the lead content of parts of the product or materials 
used in the production of a product;
    (iii) Data or information on manufacturing processes through which 
lead may be introduced into the product or material;
    (iv) Any other information relevant to the potential for lead 
content of the product or material to exceed the CPSIA lead limits that 
is reasonably available to the requestor;
    (v) Detailed information on the relied upon test methods for 
measuring lead content of products or materials including the type of 
equipment used or any other techniques employed and a statement as to 
why the data is representative of the lead content of such products or 
materials generally; and
    (vi) An assessment of the manufacturing processes which strongly 
supports a conclusion that they would not be a source of lead 
contamination of the product or material, if relevant.
    (d) Where a submission fails to meet all of the requirements of 
paragraph (c) of this section, the Office of the Secretary shall notify 
the person submitting it, describe the deficiency, and explain that the 
request may be resubmitted when the deficiency is corrected.
    (e) Each complete request for a Commission determination will be 
reviewed by the Office of Hazard Identification and Reduction who will 
preliminarily recommend granting or denying the request. Where the 
preliminary determination is to grant, the Commission will publish a 
notice of proposed rulemaking inviting public comment on whether the 
preliminary determination should be granted in final form, and the 
Office of Hazard Identification and Reduction will review and evaluate 
the comments and supporting documentation before making its 
recommendation to the Commission for final agency action.
    (f) The filing of a request for a determination does not have the 
effect of automatically staying the effect of any provision or limit 
under the statutes and regulations enforced by the Commission. Even 
though a request for a determination has been filed, unless a 
Commission determination is issued in final form after notice and 
comment, materials or products subject to the lead limits under section 
101 of the CPSIA must be tested in accordance with section 102 of the 
CPSIA.


Sec.  1500.90  Procedures for Exclusions from Lead Limits under Section 
101(b) of the Consumer Product Safety Improvement Act.

    (a) The Consumer Product Safety Improvement Act provides for 
specific lead limits in children's products. Section 101(a) of the 
CPSIA provides that by February 10, 2009, products designed or intended 
primarily for children 12 and younger may not contain more than 600 ppm 
of lead. After August 14, 2009, products designed or intended primarily 
for children 12 and younger cannot contain more than 300 ppm of lead. 
On August 14, 2011, the limit may be further reduced to 100 ppm, unless 
the Commission determines that it is not technologically feasible to 
have this lower limit. Paint, coatings or electroplating may not be 
considered a barrier that would make the lead content of a product 
inaccessible to a child.
    (b) Section 101(b)(1) of the CPSIA provides that the Commission may 
exclude a specific product or material from the lead limits established 
for children's products under the CPSIA if the Commission, after notice 
and a hearing, determines on the basis of the best-available, 
objective, peer-reviewed, scientific evidence that lead in such product 
or material will neither:
    (1) Result in the absorption of any lead into the human body, 
taking into account normal and reasonably foreseeable use and abuse of 
such product by a child, including swallowing, mouthing, breaking, or 
other children's activities, and the aging of the product; nor
    (2) Have any other adverse impact on public health or safety.
    (c) To request an exclusion from the lead limits as provided under 
paragraph (a) of this section, the request must:
    (1) Be e-mailed to [email protected]. and titled ``Section 101 
Request for Exclusion of a Material or Product.'' Requests may also be 
mailed, preferably in five copies, to the Office of the Secretary, 
Consumer Product Safety Commission, Room 502, 4330 East West Highway, 
Bethesda, Maryland 20814, or delivered to the same address.
    (2) Be written in the English language.
    (3) Contain the name and address, and e-mail address or telephone 
number, of the requester.
    (4) Provide Documentation including:
    (i) A detailed description of the product or material;
    (ii) Data on the lead content of parts of the product or materials 
used in the production of a product;
    (iii) Data or information on manufacturing processes through which 
lead may be introduced into the product or material;
    (iv) Any other information relevant to the potential for lead 
content of the product or material to exceed the CPSIA lead limits that 
is reasonably available to the requestor;
    (v) Detailed information on the relied upon test methods for 
measuring lead content of products or materials including the type of 
equipment used or any other techniques employed and a statement as to 
why the data is representative of the lead content of such products or 
materials generally; and
    (vi) An assessment of the manufacturing processes which strongly 
supports a conclusion that they would not be a source of lead 
contamination of the product or material, if relevant.
    (5) Provide best-available, objective, peer-reviewed, scientific 
evidence to support a request for an exclusion that addresses how much 
lead is present in the product, how much lead comes out of the product, 
and the conditions under which that may happen, and information 
relating to a child's interaction, if any, with the product.
    (6) Provide best-available, objective, peer-reviewed, scientific 
evidence that is unfavorable to the request that is reasonably 
available to the requestor.
    (d) Where a submission fails to meet all of the requirements of 
paragraph (c) of this section, the Office of the Secretary shall notify 
the person submitting it, describe the deficiency,

[[Page 2433]]

and explain that the request may be resubmitted when the deficiency is 
corrected.
    (e) Each complete request for exclusion will be reviewed by the 
Office of Hazard Identification and Reduction, who will preliminarily 
recommend granting or denying the request. Where the preliminary 
determination is to grant, the Commission will publish a notice of 
proposed rulemaking inviting public comment on whether the proposed 
exclusion should be issued in final form, and the Office of Hazard 
Identification and Reduction will review and evaluate the comments and 
supporting documentation before making its recommendation to the 
Commission for final agency action.
    (f) The filing of a request for exclusion does not have the effect 
of automatically staying the effect of any provision or limit under the 
statutes and regulations enforced by the Commission. Even though a 
request for an exclusion has been filed, unless an exclusion is issued 
in final form by the Commission after notice and comment, materials or 
products subject to the lead limits under section 101 of the CPSIA are 
considered to be banned hazardous substances if they do not meet the 
lead limits.

    Dated: January 9, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
 [FR Doc. E9-715 Filed 1-14-09; 8:45 am]
BILLING CODE 6335-01-P