[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

[[Page 4642]]

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