[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Notices]
[Pages 70975-70976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29504]


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CONSUMER PRODUCT SAFETY COMMISSION

[CPSC Docket Number: CPSC-2011-0087]


Petition Requesting Exception From Lead Content Limits

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

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SUMMARY: The Consumer Product Safety Commission (``Commission'' or 
``CPSC'' or ``we'') has received a petition requesting an exception 
from the 100 ppm lead content limit under section 101(b) of the 
Consumer Product Safety Improvement Act of 2008 (``CPSIA''), as amended 
by Public Law 112-28. We invite written comments concerning the 
petition.

DATES: Submit comments by December 16, 2011.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2011-
0087, by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    To ensure timely processing of comments, the Commission is no 
longer accepting comments submitted by electronic mail (email), except 
through http://www.regulations.gov.

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, 
Consumer Product Safety Commission, 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 comments 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: Kristina Hatlelid, Ph.D., M.P.H.,

[[Page 70976]]

Directorate for Health Sciences, Consumer Product Safety Commission, 
4330 East West Highway, Bethesda, MD 20814; email: [email protected].

SUPPLEMENTARY INFORMATION: Under section 101(a) of the CPSIA, consumer 
products designed or intended primarily for children 12 years old and 
younger that contain lead content in excess of 100 ppm are considered 
to be banned hazardous substances under the Federal Hazardous 
Substances Act (``FHSA'').
    Section 101(b)(1) of the CPSIA provides for a functional purpose 
exception from lead content limits under certain circumstances. The 
exception allows us, on our own initiative, or upon petition by an 
interested party, to exclude a specific product, class of product, 
material, or component part from the lead limits established for 
children's products under the CPSIA if, after notice and a hearing, we 
determine that: (i) The product, class of product, material, or 
component part requires the inclusion of lead because it is not 
practicable or not technologically feasible to manufacture such 
product, class of product, material, or component part, as the case may 
be, in accordance with section 101(a) of the CPSIA by removing the 
excessive lead or by making the lead inaccessible; (ii) the product, 
class of product, material, or component part is not likely to be 
placed in the mouth or ingested, taking into account normal and 
reasonably foreseeable use and abuse of such product, class of product, 
material, or component part by a child; and (iii) an exception for the 
product, class of product, material, or component part will have no 
measurable adverse effect on public health or safety, taking into 
account normal and reasonably foreseeable use and abuse. Under section 
101(b)(1)(B) of the CPSIA, there is no measurable adverse effect on 
public health or safety if the exception will result in no measurable 
increase in blood lead levels of a child. Given the highly technical 
nature of the information sought, including data on the lead content of 
the product and test methods used to obtain those data, we believe that 
the notice and solicitation for written comments would provide the most 
efficient process for obtaining the necessary information, as well as 
provide adequate opportunity for all interested parties to participate 
in the proceedings. However, we would have the option to hold a public 
hearing or public meeting, if appropriate, to determine whether a 
petition for a functional purpose exception should be granted.
    On September 29, 2011, Joseph L. Ertl, Inc., Corporate office of 
divisions: Scale Models and Dyersville Die Cast (``petitioner''), 
submitted a petition requesting an exception from the lead content 
limit of 100 ppm under section 101(b) of the CPSIA for its die-cast 
ride-on pedal tractors, scaled for children ages 3-10. The petitioner 
states that the components of its pedal tractors are made of aluminum 
metal die castings, which are the best alloy of choice for pedal 
tractor production, based on weight, cost, structural properties, 
surface finish and coatings, corrosion resistance, and bearing 
properties and wear resistance. The pedal tractor components are 
manufactured via the aluminum die-casting process. Although the 
petitioner states that it is able to meet the lead content requirements 
of 300 ppm for its pedal tractor components, it is unable to meet 
consistently the 100 ppm lead content limits, due to alloys used in the 
aluminum die-cast process. Accordingly, the petitioner requests an 
exception from the 100 ppm lead content limit to continue to 
manufacture its pedal tractors with components up to the 300 ppm lead 
content limit.
    Through this notice, we invite written comments on the petition. 
Interested parties may view a copy of the petition under supporting and 
related materials identified by Docket No. CPSC-2011-0087, through 
http://www.regulations.gov or on the CPSC Web site at: http://www.cpsc.gov/library/foia/foia12/brief/ertlpetition.pdf. Interested 
parties also may obtain a copy of the petition by writing or calling 
the Office of the Secretary, Consumer Product Safety Commission, 
Bethesda, MD 20184; telephone (301) 504-7923.

    Dated: November 9, 2011.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2011-29504 Filed 11-15-11; 8:45 am]
BILLING CODE 6355-01-P