[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