[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Notices]
[Pages 70975-70976]
From the Federal Register Online via the Government Printing 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: khatlelid@cpsc.gov.
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