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Children's Products Containing Lead

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Children's Products Containing Lead Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Rules and Regulations 43031 miles southwest of the LOM/NDB. This Class section 14(a) of the Consumer Product issued a notice of proposed rulemaking E airspace area is effective during the specific Safety Act (CPSA), as amended by on preliminary determinations that dates and times established in advance by a section 102(a) of the CPSIA.1 By this certain natural materials do not exceed Notice to Airmen. The effective date and time rule, the products and materials the lead content limits under section will thereafter be continuously published in the Airport/Facility Directory. determined by the Commission to fall 101(a) of the CPSIA. The preliminary under the lead content limits, are no determinations were based on materials * * * * * longer subject to section 101(a) of the that are untreated and unadulterated Issued in Seattle, Washington, on August CPSIA and no testing of these products with respect to the addition of materials 14, 2009. and materials is required under section or chemicals, including pigments, dyes, H. Steve Karnes, 102(a) of the CPSIA. coatings, finishes or any other Team Manager, Operations Support Group, B. Statutory Authority substance, and that did not undergo any Western Service Center. processing that could result in the [FR Doc. E9–20282 Filed 8–25–09; 8:45 am] Section 3 of the CPSIA grants the addition of lead into the product or BILLING CODE 4910–13–P Commission general rulemaking material. These materials included: authority to issue regulations, as • Precious gemstones (diamond, ruby, necessary, to implement the CPSIA. The sapphire, emerald); CONSUMER PRODUCT SAFETY Commission has the authority under • Certain semiprecious gemstones COMMISSION section 3 of the CPSIA to make provided that the mineral or material is determinations that certain commodities not based on lead or lead compounds 16 CFR Part 1500 or classes of materials or products do and is not associated in nature with any not, and, by their nature, will not mineral that is based on lead or lead Children’s Products Containing Lead; exceed the lead limits prescribed in compounds (minerals that contain lead Determinations Regarding Lead section 101(a) of the CPSIA. or are associated in nature with Content Limits on Certain Materials or Accordingly, in this rule, the minerals that contain lead include, but Products; Final Rule Commission has determined that certain are not limited to, the following: products or materials inherently do not Aragonite, bayldonite, boleite, cerussite, AGENCY: Consumer Product Safety contain lead or contain lead at levels Commission. crocoite, linarite, mimetite, phosgenite, that do not exceed the lead content vanadinite, and wulfenite); ACTION: Final rule. limits under section 101(a) of the • Natural or cultured pearls; CPSIA. The effect of such a Commission • SUMMARY: The Consumer Product Safety Wood; determination would be to relieve the • Commission (Commission) is issuing a Natural fibers (such as cotton, silk, material or product from the testing final rule on determinations that certain wool, hemp, flax, linen); and requirement of section 102 of the CPSIA • materials do not exceed the lead content Other natural materials including for purposes of supporting the required limits specified under section 101(a) of coral, amber, feathers, fur, untreated certification. However, if the material or the Consumer Product Safety leather. product changes such that it exceeds the Improvement Act of 2008 (CPSIA). See 74 FR at 2435. lead limits of section 101(a) of the DATE: Effective Date: This regulation CPSIA, then the determination is not In addition, in the proposed rule, the becomes effective on August 26, 2009. applicable to that material or product. Commission preliminarily determined FOR FURTHER INFORMATION CONTACT: The changed or altered material or that certain metals and alloys did not Kristina Hatlelid, Ph.D., M.P.H., product must then meet the statutory exceed the lead content limits under Directorate for Health Sciences, lead level requirements. The section 101(a) of the CPSIA provided Consumer Product Safety Commission, Commission intends to obtain and test that no lead or lead-containing metal is 4330 East-West Highway, Bethesda, products in the marketplace to assure intentionally added. The metals and Maryland 20814; telephone (301) 504– that products comply with the CPSIA alloys considered included surgical 7254, e-mail [email protected]. lead limits and will take appropriate steel, precious metals such as gold (at SUPPLEMENTARY INFORMATION: enforcement action if it finds a product least 10 karat); sterling silver (at least to have lead levels exceeding those 925/1000); platinum; palladium; A. Background allowed by law. rhodium; osmium; iridium; ruthenium. Under section 101(a) of CPSIA, (See 74 FR at 2435). The preliminary C. Notice of Proposed Rulemaking consumer products designed or determinations did not extend to the intended primarily for children 12 years In the Federal Register of January 15, non-steel or non-precious metal old and younger that contain more than 2009 (74 FR 2433), the Commission components of a product, such as solder 600 ppm of lead (as of February 10, or base metals in electroplate, clad, or 2009); 300 ppm of lead (as of August 14, 1 Currently, there is a stay of enforcement of fill applications. 2009); and 100 ppm after three years (as testing and certification requirements of certain provisions of subsection 14(a) of the CPSA, as D. Discussion of Comments to the of August 14, 2011), unless the amended by section 102(a) of the CPSIA until Commission determines that it is not February 10, 2010 (see 74 FR 6936 (February 9, Proposed Rule technologically feasible to have this 2009)). The stay does not cover those requirements The proposed rule generated several where testing and certification was required by lower limit, are considered to be banned subsection 14(a) of the CPSA before the CPSIA’s hundred comments from a diverse range hazardous substances under the Federal enactment, and third party testing and certification of interests, including advocacy groups, Hazardous Substances Act (FHSA). requirements for lead paint, full-size and non-full consumer groups, a State’s attorney Products below these lead content limits size cribs and pacifiers, small parts, metal general’s office, and small businesses components of children’s metal jewelry, are not banned; however, in the absence certifications expressly required by CPSC including crafters. No comment of Commission action, these products regulations, certifications required under the opposed the proposed determinations, and materials used to make children’s Virginia Graeme Baker Pool and Spa Safety Act, and, therefore, the final rule retains products remain subject to the lead certifications of compliance required for All-Terrain those determinations. The proposed rule Vehicles in section 42(a)(2) of the CPSA, and any limits and consequently, the testing voluntary guarantees provided for in the Flammable considered those initial determinations requirements of certain provisions of Fabrics Act. in the context of whether the lead limits VerDate Nov<24>2008 16:32 Aug 25, 2009 Jkt 217001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\26AUR1.SGM 26AUR1 mstockstill on DSKH9S0YB1PROD with RULES 43032 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Rules and Regulations of such materials would exceed 600 in this rule) and plastic components, the banned candles made with metal-cored ppm and 300 ppm. Commission has found that these wicks with lead content exceeding 600 After reviewing the comments and materials do sometimes contain lead. ppm. The Commission found that, as a additional data submitted, the For example, the Commission lead-cored wick candle burns, some of Commission further evaluated those previously examined metal and plastic the lead may vaporize and be released materials in the context of whether components in the context of children’s into the air. (See Metal-Cored these materials would exceed 100 ppm, jewelry. The CPSC Directorate for Candlewicks Containing Lead and and finds that, for the reasons discussed Laboratory Sciences, Division of Candles With Such Wicks, 68 FR 19142 in the preamble, that such materials Chemistry analyzed 466 children’s (April 18, 2009).) The Commission would not exceed 100 ppm. metal jewelry items from 156 stated, ‘‘[s]ome of this lead may deposit Accordingly, the final rule revises the compliance samples since 1996. Nearly onto floors, furniture and other surfaces language in former §§ 1500.91(c) and (d) 270 items tested had total lead of 600 in the room where children may be (renumbered as §§ 1500.91(d) and (e)) to ppm or more. Numerous metal exposed to it. One cannot tell by looking remove references to 600 ppm and 300 components including pendants, at the wick core if it is made of lead, and ppm, and includes a reference to ‘‘lead charms, chains, links, hooks, clasps, and there is no simple way for a consumer content limits’’ to reflect that the beads contained lead content exceeding to determine its lead content. The determinations made in the final rule 300 ppm, and some components were presence of lead in a wick can be also fall below 100 ppm for such composed of almost 100 percent lead. In determined only by laboratory materials. Most comments sought to add addition, several plastic components analysis.’’ Id. at 19143. Given the Commission’s past to the list of materials; accordingly, the such as beads and cords had lead preamble to this final rule will focus on experience with lead in plastic and contents ranging from 540 ppm to 5,020 those comments suggesting additions to metal, we cannot make a determination ppm. See CPSC Memorandum from the list and also describe the changes that these materials do not or would not David Cobb to Kristina M.
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