TSCA Section 21 Petition; Notice of Receipt, 30921-30923 [E6-8246]
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Federal Register / Vol. 71, No. 104 / Wednesday, May 31, 2006 / Notices
docket for the pesticide including the
petition summary.
New Exemption from Tolerance
PP 6E7063. IE. I. du Pont de Nemours
& Company, Inc., 1007 Market St.,
Wilmington, DE 19898, proposes to
establish an exemption from the
requirement of tolerances for residues of
the inert poly(2-ethylhexyl acrylate/2hydroxyethyl acrylate/N(hydroxymethyl)-2-methylacrylamide/
methacrylic acid/methyl methacrylate/
styrene, ammonium salt in or on food
commodities. Because this petition is a
request for an exemption from the
requirement of a tolerance without
numerical limitations, no analytical
method is required.
List of Subjects
Environmental protection,
Agricultural commodities, Feed
additives, Food additives, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: May 16, 2006.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
[FR Doc. E6–8145 Filed 5–30–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2006–0397; FRL–8069–3]
TSCA Section 21 Petition; Notice of
Receipt
Environmental Protection
Agency (EPA).
ACTION: Notice.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: This notice announces receipt
of a petition submitted by the Sierra
Club and requests comments on issues
raised by the petition. The petitioner is
concerned about the risks of toy jewelry
containing lead and requests that EPA
take four actions under the Toxic
Substances Control Act (TSCA). The
petitioner requests that EPA: (1) Require
TSCA section 8(d) health and safety
data reporting; (2) submit a report to the
Consumer Product Safety Commission
(CPSC) under TSCA section 9; (3) issue
a significant new use rule pursuant to
TSCA section 5; and (4) issue quality
control orders under TSCA section 6(b).
Of the actions requested by the
petitioner, TSCA section 21 applies only
to requests for actions under TSCA
sections 6(b) and 8(d). The Agency must
either grant or deny a section 21 petition
within 90 days. The Agency will
therefore respond to the requests for
VerDate Aug<31>2005
17:52 May 30, 2006
Jkt 208001
action under TSCA sections 6(b) and
8(d) by July 20, 2006. EPA will carefully
consider the requests for action under
TSCA sections 5 and 9, which are not
subject to section 21 and will respond
to them at a later time.
DATES: Comments must be received on
or before June 15, 2006.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2006–0397, by
one of the following methods.
https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
Mail: Document Control Office
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001.
Hand Delivery: OPPT Document
Control Office (DCO, EPA East Bldg.,
Rm. 6428, 1201 Constitution Ave., NW.,
Washington, DC. Attention: Docket ID
number EPA–HQ–OPPT–2006–0397.
The DCO is open from 8 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
DCO is (202) 564–8930. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPPT–
2006–0397. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through regulations.gov or email. The regulations.gov website is an
‘‘anonymous access’’ systems, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
regulations.gov your e-mail address will
be automatically captured and included
as part of the comment that is placed in
the public docket and made available on
the Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
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30921
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: EPA has established an
official public docket for this action
under docket ID number EPA–HQ–
OPPT–2006–0397. The official public
docket consists of the documents
specifically referenced in this action,
any public comments received, and
other related information. All
documents in the docket are listed in
the regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available electronically
through regulations.gov or in hard copy
at the OPPT Docket, EPA Docket Center
(EPA/DC), EPA West, Room B102, 1301
Constitution Ave., NW., Washington,
DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the OPPT Docket is (202)
566–0280.
FOR FURTHER INFORMATION CONTACT: For
general information contact: Colby
Lintner, Regulatory Coordinator,
Environmental Assistance Division
(7408M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
numbers: (202) 554–1401; e-mail
address: TSCA-Hotline@epa.gov.
For technical information contact:
Doreen Cantor, National Program
Chemicals Division (7404T), Office of
Pollution Prevention and Toxics,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(202) 566–0486; e-mail
address:cantor.doreen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may potentially be affected by
this action if you manufacture, import,
or distribute in commerce toy jewelry
containing lead, or if you manufacture,
import, process, or distribute in
commerce lead. Potentially affected
entities may include, but are not limited
to:
E:\FR\FM\31MYN1.SGM
31MYN1
30922
Federal Register / Vol. 71, No. 104 / Wednesday, May 31, 2006 / Notices
• (NAICS code 339914) Costume
jewelry and novelty manufacturing
• (NAICS code 339932) Game, toy,
and children’s vehicle manufacturing
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding some of the
entities likely to be affected by this
action. Other types of entities not listed
in this unit could also be affected. The
North American Industrial
Classification System (NAICS) codes
have been provided to assist you and
others in determining whether this
action might apply to certain entities. If
you have any questions regarding the
applicability of this action to a
particular entity, consult the technical
person listed under FOR FURTHER
INFORMATION CONTACT.
jlentini on PROD1PC65 with NOTICES
B. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or e-mail. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD ROM that
you mail to EPA, mark the outside of the
disk or CD ROM as CBI and then
identify electronically within the disk or
CD ROM the specific information that is
claimed CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When submitting comments, remember
to:
i. Identify the document by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
ii. Follow directions. The agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
iv. Describe any assumptions and
provide any technical information and/
or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at the
estimate.
vi. Provide specific examples to
illustrate your concerns, and suggested
alternatives.
VerDate Aug<31>2005
17:52 May 30, 2006
Jkt 208001
vii. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
viii. Make sure to submit your
comments by the comment period
deadline identified.
II. Background
A. What is a TSCA Section 21 Petition?
TSCA section 21 allows citizens to
petition EPA to initiate a proceeding for
the issuance, amendment, or repeal of a
rule under TSCA section 4, 6, or 8 or an
order under section 5(e) or 6(b)(2). A
TSCA section 21 petition must set forth
facts that the petitioner believes
establish the need for the action
requested. EPA is required to grant or
deny the petition within 90 days of its
filing. If EPA grants the petition, the
Agency must promptly commence an
appropriate proceeding. If EPA denies
the petition, the Agency must publish
its reasons for the denial in the Federal
Register. Within 60 days of denial, or
the expiration of the 90–day period, if
no action is taken, the petitioner may
commence a civil action in a U.S.
district court to compel initiation of the
requested rulemaking proceeding.
B. What Action is Requested Under this
TSCA Section 21 Petition?
On April 21, 2006, the Sierra Club
petitioned EPA to take four actions
intended to reduce risks from toy
jewelry containing lead. The Sierra Club
defines toy jewelry as ‘‘any item that
serves a decorative but no or minimal
functional purpose that is valued at less
than $20 per item.’’ The requested
actions are:
• Require TSCA section 8(d) health
and safety data reporting for lead and
lead salts.
• Submit a TSCA section 9 report to
the Consumer Product Safety
Commission (CPSC) regarding lead and
lead salts.
• Issue a TSCA section 5 Significant
New Use Rule regarding lead and lead
salts in toy jewelry.
• Issue TSCA section 6(b) quality
control orders regarding production of
toy jewelry.
The petition also requested certain
actions by CPSC, which will be
considered by that agency.
The petition sets forth the following
incidents in support of its requests. In
February 2006, a child died from lead
poisoning after ingesting toy jewelry
that contained lead. In 2004, 4 importers
recalled 150 million metal toy jewelry
items pursuant to an agreement with
CPSC. Another case of severe lead
poisoning occurred from a toy necklace
in 2003. Finally, the petition notes that
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both poisonings, and the recalled
jewelry, concerned products distributed
in violation of CPSC’s 1998 Codification
of Guidance Policy on Lead in
Consumer Products.
The Sierra Club petition also refers to
the federal government’s goal of
eliminating lead poisoning by 2010. It
concludes that the current system is not
working and that stronger action is
needed if the federal government’s goal
is to be met.
The petitioner therefore asks EPA to
take action under TSCA. EPA has
commenced a review of this petition.
Comments on the petition may be
submitted by any of the methods
identified in Unit I.
C. EPA Seeks Additional Information
In considering how to respond to the
petition, EPA seeks a better factual
understanding of the potential and
actual risks to human health and the
environment associated with lead in toy
jewelry. Therefore, EPA seeks data and
information regarding the potential risks
to human health associated with lead in
toy jewelry, including ongoing uses of
lead in toy jewelry, the extent and
degree of use, and other information.
Under TSCA section 21, which is
applicable to requests for rulemaking
proceedings under TSCA sections 6(b)
and 8(d), the Agency must either grant
or deny a petition within 90 days.
Because the Agency must respond to the
requests for action under TSCA sections
6(b) and 8(d) by July 20, 2006, EPA will
allow the public until June 15, 2006 to
reply with any additional information
relevant to the issues identified below.
EPA will carefully consider the requests
for action under TSCA sections 5 and 9,
and will respond to them at a later time.
In assisting the Agency by supplying
this additional information, please
follow the procedures in Unit I.B.
In assessing the usability of any data
or information that may be submitted,
EPA plans to follow the guidelines in
EPA’s ‘‘A Summary of General
Assessment Factors for Evaluating the
Quality of Scientific and Technical
Information’’ (EPA 100/B–03/001),
referred to as the ‘‘Assessment Factors
Document.’’ This document is available
at the following website:https://
www.epa.gov/osa/spc/assess.htm. The
Federal Register notice for this
document is available at the following
Web site: https://www.epa.gov/fedrgstr/
EPA-GENERAL/2003/July/Day-01/
g16328.htm.
In particular, EPA seeks information
on the following:
1. Quantitative information, data and/
or reports (e.g., incident reports, recent
scientific and technical studies)
E:\FR\FM\31MYN1.SGM
31MYN1
Federal Register / Vol. 71, No. 104 / Wednesday, May 31, 2006 / Notices
associated with the presence of lead in
toy jewelry. This would include any
information on how and why lead is
used in toy jewelry, the extent and
prevalence of lead in toy jewelry, and
the concentrations of lead found in toy
jewelry (including lead used by design
or by inadvertent contamination). The
Agency is also interested in information
on the manner and methods of
manufacturing, processing, distribution
in commerce, and disposal of toy
jewelry containing lead.
2. Quantitative information, data and/
or case examples (e.g., incident reports,
recent scientific and technical studies)
associated with the health effects,
particularly to children, from toy
jewelry or similar objects containing
lead. This would include any case
studies or other information relating to
exposure of human beings or the
environment to lead in toy jewelry,
particularly any exposure of children to
lead in toy jewelry. Also useful would
be information on exposure to lead in
similar objects which are available to
children via direct mouthing or
ingestion, or hand-to-mouth behavior.
This would include any studies or other
information relating lead concentration
or quantity to blood lead level or health
effects.
3. Information on and evidence of
quality control procedures for the
manufacture, import, distribution, and
sale of toy jewelry, particularly those
procedures that would measure and
monitor lead content of various
components of toy jewelry. This would
include information of the cost and
effectiveness of these procedures.
4. Information on the availability,
cost, and health effects of alternatives to
lead in toy jewelry.
5. Information on whether the
definition of toy jewelry used by the
Sierra Club (‘‘any item that serves a
decorative but no or minimal functional
purpose that is valued at less than $20
per item’’) is clear and otherwise
appropriate.
List of Subjects
jlentini on PROD1PC65 with NOTICES
Environmental protection.
Dated: May 23, 2006.
Wendy C. Hamnett,
Acting Director, Office of Pollution Prevention
and Toxics.
[FR Doc. E6–8246 Filed 5–30–06; 8:45 am]
BILLING CODE 6560–50–S
VerDate Aug<31>2005
17:52 May 30, 2006
Jkt 208001
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Submitted for
Review to the Office of Management
and Budget
May 17, 2006.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burden
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection(s), as
required by the Paperwork Reduction
Act (PRA) of 1995, Public Law 104–13.
An agency may not conduct or sponsor
a collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act (PRA) that
does not display a valid control number.
Comments are requested concerning (a)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
burden estimate; (c) ways to enhance
the quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology.
DATES: Written Paperwork Reduction
Act (PRA) comments should be
submitted on or before July 31, 2006. If
you anticipate that you will be
submitting PRA comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: Direct all Paperwork
Reduction Act (PRA) comments to
Judith B. Herman, Federal
Communications Commission, Room 1–
C804, 445 12th Street, SW., Washington,
DC 20554 or via the Internet to
PRA@fcc.gov. If you would like to
obtain or view a copy of this
information collection, you may do so
by visiting the FCC PRA Web page at:
https://www.fcc.gov/omd/pra.
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection(s), send an e-mail
to PRA@fcc.gov or contact Judith B.
Herman at 202–418–0214. If you would
like to obtain or view a copy of this
information collection, you may do so
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30923
by visiting the FCC PRA Web page at:
https://www.fcc.gov/omd/pra.
SUPPLEMENTARY INFORMATION:
OMB Control No.: 3060–0719.
Title: Quarterly Report of IntraLATA
Carriers Listing Payphone Automatic
Number Identifications (ANIs).
Form No.: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit.
Number of Respondents: 400
respondents; 1,600 responses.
Estimated Time Per Response: 3.5
hours.
Frequency of Response: Quarterly
reporting requirement, recordkeeping
requirement and third party disclosure
requirement.
Total Annual Burden: 5,600 hours.
Total Annual Cost: N/A.
Privacy Act Impact Assessment: N/A.
Needs and Uses: This collection will
be submitted as an extension (after this
60 day comment period) to OMB in
order to obtain the full three year
clearance.
IntraLATA carriers must submit a
quarterly report listing payphone
automatic number identifications (ANIs)
to the interexchange carriers (IXCs).
This will facilitate resolution of
disputed ANIs in the per-call
compensation context. The report
allows interexchange carriers to
determine which dial-around calls are
made from payphones. Without
provision of this report, resolution of
disputed ANIs would be rendered very
difficult. IXCs would not be able to
discern which ANIs pertain to
payphones and therefore would not be
able to ascertain which dial-around calls
were originated by payphones for
compensation purposes. The data which
must be maintained for at least 18
months after the close of a
compensation period, and will facilitate
verification of disputed ANIs.
OMB Control Number: 3060–0775.
Title: Section 64.1903, Obligations of
All Incumbent Independent Local
Exchange Carriers.
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities.
Number of Respondents: 10.
Estimated Time per Response: 6,056
hours.
Frequency of Response:
Recordkeeping requirement.
Total Annual Burden: 60,563 hours.
Total Annual Cost: $1,215,000.
Privacy Impact Assessment: N/A.
Needs and Uses: This collection will
be submitted as an extension (after this
E:\FR\FM\31MYN1.SGM
31MYN1
]]>Agencies
[Federal Register Volume 71, Number 104 (Wednesday, May 31, 2006)]
[Notices]
[Pages 30921-30923]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8246]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2006-0397; FRL-8069-3]
TSCA Section 21 Petition; Notice of Receipt
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces receipt of a petition submitted by the
Sierra Club and requests comments on issues raised by the petition. The
petitioner is concerned about the risks of toy jewelry containing lead
and requests that EPA take four actions under the Toxic Substances
Control Act (TSCA). The petitioner requests that EPA: (1) Require TSCA
section 8(d) health and safety data reporting; (2) submit a report to
the Consumer Product Safety Commission (CPSC) under TSCA section 9; (3)
issue a significant new use rule pursuant to TSCA section 5; and (4)
issue quality control orders under TSCA section 6(b). Of the actions
requested by the petitioner, TSCA section 21 applies only to requests
for actions under TSCA sections 6(b) and 8(d). The Agency must either
grant or deny a section 21 petition within 90 days. The Agency will
therefore respond to the requests for action under TSCA sections 6(b)
and 8(d) by July 20, 2006. EPA will carefully consider the requests for
action under TSCA sections 5 and 9, which are not subject to section 21
and will respond to them at a later time.
DATES: Comments must be received on or before June 15, 2006.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2006-0397, by one of the following methods.
https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
Hand Delivery: OPPT Document Control Office (DCO, EPA East Bldg.,
Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention:
Docket ID number EPA-HQ-OPPT-2006-0397. The DCO is open from 8 a.m. to
4 p.m., Monday through Friday, excluding legal holidays. The telephone
number for the DCO is (202) 564-8930. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2006-0397. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' systems,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov your
e-mail address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: EPA has established an official public docket for this
action under docket ID number EPA-HQ-OPPT-2006-0397. The official
public docket consists of the documents specifically referenced in this
action, any public comments received, and other related information.
All documents in the docket are listed in the regulations.gov index.
Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available electronically through regulations.gov or in hard copy at the
OPPT Docket, EPA Docket Center (EPA/DC), EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the OPPT
Docket is (202) 566-0280.
FOR FURTHER INFORMATION CONTACT: For general information contact:
Colby Lintner, Regulatory Coordinator, Environmental Assistance
Division (7408M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone numbers: (202) 554-1401; e-mail
address: TSCA-Hotline@epa.gov.
For technical information contact: Doreen Cantor, National Program
Chemicals Division (7404T), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 566-0486; e-mail
address:cantor.doreen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may potentially be affected by this action if you manufacture,
import, or distribute in commerce toy jewelry containing lead, or if
you manufacture, import, process, or distribute in commerce lead.
Potentially affected entities may include, but are not limited to:
[[Page 30922]]
(NAICS code 339914) Costume jewelry and novelty
manufacturing
(NAICS code 339932) Game, toy, and children's vehicle
manufacturing
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding some of the entities likely to be
affected by this action. Other types of entities not listed in this
unit could also be affected. The North American Industrial
Classification System (NAICS) codes have been provided to assist you
and others in determining whether this action might apply to certain
entities. If you have any questions regarding the applicability of this
action to a particular entity, consult the technical person listed
under FOR FURTHER INFORMATION CONTACT.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed CBI. In addition to one complete
version of the comment that includes information claimed as CBI, a copy
of the comment that does not contain the information claimed as CBI
must be submitted for inclusion in the public docket. Information so
marked will not be disclosed except in accordance with procedures set
forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at the estimate.
vi. Provide specific examples to illustrate your concerns, and
suggested alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background
A. What is a TSCA Section 21 Petition?
TSCA section 21 allows citizens to petition EPA to initiate a
proceeding for the issuance, amendment, or repeal of a rule under TSCA
section 4, 6, or 8 or an order under section 5(e) or 6(b)(2). A TSCA
section 21 petition must set forth facts that the petitioner believes
establish the need for the action requested. EPA is required to grant
or deny the petition within 90 days of its filing. If EPA grants the
petition, the Agency must promptly commence an appropriate proceeding.
If EPA denies the petition, the Agency must publish its reasons for the
denial in the Federal Register. Within 60 days of denial, or the
expiration of the 90-day period, if no action is taken, the petitioner
may commence a civil action in a U.S. district court to compel
initiation of the requested rulemaking proceeding.
B. What Action is Requested Under this TSCA Section 21 Petition?
On April 21, 2006, the Sierra Club petitioned EPA to take four
actions intended to reduce risks from toy jewelry containing lead. The
Sierra Club defines toy jewelry as ``any item that serves a decorative
but no or minimal functional purpose that is valued at less than $20
per item.'' The requested actions are:
Require TSCA section 8(d) health and safety data reporting
for lead and lead salts.
Submit a TSCA section 9 report to the Consumer Product
Safety Commission (CPSC) regarding lead and lead salts.
Issue a TSCA section 5 Significant New Use Rule regarding
lead and lead salts in toy jewelry.
Issue TSCA section 6(b) quality control orders regarding
production of toy jewelry.
The petition also requested certain actions by CPSC, which will be
considered by that agency.
The petition sets forth the following incidents in support of its
requests. In February 2006, a child died from lead poisoning after
ingesting toy jewelry that contained lead. In 2004, 4 importers
recalled 150 million metal toy jewelry items pursuant to an agreement
with CPSC. Another case of severe lead poisoning occurred from a toy
necklace in 2003. Finally, the petition notes that both poisonings, and
the recalled jewelry, concerned products distributed in violation of
CPSC's 1998 Codification of Guidance Policy on Lead in Consumer
Products.
The Sierra Club petition also refers to the federal government's
goal of eliminating lead poisoning by 2010. It concludes that the
current system is not working and that stronger action is needed if the
federal government's goal is to be met.
The petitioner therefore asks EPA to take action under TSCA. EPA
has commenced a review of this petition. Comments on the petition may
be submitted by any of the methods identified in Unit I.
C. EPA Seeks Additional Information
In considering how to respond to the petition, EPA seeks a better
factual understanding of the potential and actual risks to human health
and the environment associated with lead in toy jewelry. Therefore, EPA
seeks data and information regarding the potential risks to human
health associated with lead in toy jewelry, including ongoing uses of
lead in toy jewelry, the extent and degree of use, and other
information.
Under TSCA section 21, which is applicable to requests for
rulemaking proceedings under TSCA sections 6(b) and 8(d), the Agency
must either grant or deny a petition within 90 days. Because the Agency
must respond to the requests for action under TSCA sections 6(b) and
8(d) by July 20, 2006, EPA will allow the public until June 15, 2006 to
reply with any additional information relevant to the issues identified
below. EPA will carefully consider the requests for action under TSCA
sections 5 and 9, and will respond to them at a later time. In
assisting the Agency by supplying this additional information, please
follow the procedures in Unit I.B.
In assessing the usability of any data or information that may be
submitted, EPA plans to follow the guidelines in EPA's ``A Summary of
General Assessment Factors for Evaluating the Quality of Scientific and
Technical Information'' (EPA 100/B-03/001), referred to as the
``Assessment Factors Document.'' This document is available at the
following website:https://www.epa.gov/osa/spc/assess.htm. The Federal
Register notice for this document is available at the following Web
site: https://www.epa.gov/fedrgstr/EPA-GENERAL/2003/July/Day-01/
g16328.htm.
In particular, EPA seeks information on the following:
1. Quantitative information, data and/or reports (e.g., incident
reports, recent scientific and technical studies)
[[Page 30923]]
associated with the presence of lead in toy jewelry. This would include
any information on how and why lead is used in toy jewelry, the extent
and prevalence of lead in toy jewelry, and the concentrations of lead
found in toy jewelry (including lead used by design or by inadvertent
contamination). The Agency is also interested in information on the
manner and methods of manufacturing, processing, distribution in
commerce, and disposal of toy jewelry containing lead.
2. Quantitative information, data and/or case examples (e.g.,
incident reports, recent scientific and technical studies) associated
with the health effects, particularly to children, from toy jewelry or
similar objects containing lead. This would include any case studies or
other information relating to exposure of human beings or the
environment to lead in toy jewelry, particularly any exposure of
children to lead in toy jewelry. Also useful would be information on
exposure to lead in similar objects which are available to children via
direct mouthing or ingestion, or hand-to-mouth behavior. This would
include any studies or other information relating lead concentration or
quantity to blood lead level or health effects.
3. Information on and evidence of quality control procedures for
the manufacture, import, distribution, and sale of toy jewelry,
particularly those procedures that would measure and monitor lead
content of various components of toy jewelry. This would include
information of the cost and effectiveness of these procedures.
4. Information on the availability, cost, and health effects of
alternatives to lead in toy jewelry.
5. Information on whether the definition of toy jewelry used by the
Sierra Club (``any item that serves a decorative but no or minimal
functional purpose that is valued at less than $20 per item'') is clear
and otherwise appropriate.
List of Subjects
Environmental protection.
Dated: May 23, 2006.
Wendy C. Hamnett,
Acting Director, Office of Pollution Prevention and Toxics.
[FR Doc. E6-8246 Filed 5-30-06; 8:45 am]
BILLING CODE 6560-50-S
