Children's Jewelry Containing Lead; Advance Notice of Proposed Rulemaking; Request for Comments and Information, 920-922 [E7-109]
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§ 39.13
Federal Register / Vol. 72, No. 5 / Tuesday, January 9, 2007 / Proposed Rules
[Amended]
ACTION:
2. Section 39.13 is amended by
adding a new airworthiness directive to
read as follows:
Robinson Helicopter Company: Docket No.
FAA–2006–26696; Directorate Identifier
2006–SW–19–AD.
Applicability: Model R44 helicopters,
through serial number (S/N) 1576, and Model
R44 II helicopters, through S/N 11107, with
a seat belt buckle assembly (buckle assembly)
part number C628–4, revision M or prior,
installed, certificated in any category.
Compliance: Required within 100 hours
time-in-service, unless accomplished
previously.
To prevent cracking in the buckle assembly
stainless support strap and failure of a seat
belt, accomplish the following:
(a) Remove the buckle assembly and any
A130–52 buckle assembly spacer, and
replace them with a C628–4, revision N
buckle assembly and a new A130–52 buckle
assembly spacer, in accordance with the
Compliance Procedure, paragraph 3, in
Robinson Helicopter Company Service
Bulletin SB–56, dated March 29, 2006. The
new A130–52 buckle assembly spacers have
been redesigned to be slightly longer than the
previous A130–52 buckle assembly spacers,
to reduce friction in the joint.
Note: Inspecting the buckle assembly for
cracks is not required by this AD.
(b) Replacing the buckle assembly and
buckle assembly spacer with a C628–4,
Revision N buckle assembly and a new
A130–52 buckle assembly spacer is a
terminating action for the requirements of
this AD.
(c) to request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Contact the Manager, Los Angeles
Aircraft Certification Office, FAA, ATTN:
Venessa Stiger, Aviation Safety Engineer,
3960 Paramount Blvd., Lakewood, California
90712–4137, telephone (562) 627–5337, fax
(562) 627–5210, for information about
previously approved alternative methods of
compliance.
Issued in Fort Worth, Texas, on December
18, 2006.
David A. Downey,
Manager, Rotorcraft Directorate, Aircraft
Certification Service.
[FR Doc. 07–26 Filed 1–8–07; 8:45 am]
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16 CFR Part 1500
Children’s Jewelry Containing Lead;
Advance Notice of Proposed
Rulemaking; Request for Comments
and Information
Consumer Product Safety
Commission.
AGENCY:
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Advance notice of proposed
rulemaking.
address the risk of injury described in
this notice.1
The Consumer Product Safety
Commission (CPSC or Commission) is
considering whether there may be a
need to ban children’s metal jewelry
containing more than 0.06% lead by
weight in metal components. This
advance notice of proposed rulemaking
(ANPR) initiates a rulemaking
proceeding under the Federal
Hazardous Substances Act (FHSA). The
Commission is soliciting written
comments concerning the risks of injury
associated with children’s jewelry
containing lead, the regulatory options
discussed in this notice, other possible
ways to address these risks, and the
economic impacts of the various
regulatory alternatives. The Commission
also invites interested persons to submit
an existing standard, or a statement of
intent to modify or develop a voluntary
standard, to address the risk of injury
described in this notice.
DATES: Written comments and
submissions in response to this
document must be received by March
12, 2007.
ADDRESSES: Comments should be emailed to cpsc-os@cpsc.gov. Comments
should be captioned ‘‘Children’s Jewelry
Containing Lead ANPR.’’ Comments
may also be mailed, preferably in five
copies, to the Office of the Secretary,
Consumer Product Safety Commission,
Room 502, 4330 East West Highway,
Bethesda, Maryland 20814, or delivered
to the same address (telephone (301)
504–7923). Comments also may be filed
by facsimile to (301) 504–0127.
FOR FURTHER INFORMATION CONTACT:
Kristina Hatlelid, PhD, M.P.H.,
Directorate for Health Sciences,
Consumer Product Safety Commission,
4330 East West Highway, Bethesda,
Maryland 20814; telephone (301) 504–
7254, e-mail khatlelid@cpsc.gov.
SUPPLEMENTARY INFORMATION:
B. The Risk of Injury
The scientific community generally
recognizes a level of 10 micrograms of
lead per deciliter of blood (µg/dL) as a
level of concern with respect to lead
poisoning in children. Continuing
national, state and local efforts to
remove lead hazards from children’s
environments (e.g., eliminating lead
from household paint, gasoline, and
food cans) have resulted in reductions
in mean blood lead levels (BLLs) and in
the number of children with BLLs
exceeding 10 µg/dL. Data from a recent
national survey indicated that an
estimated 310,000 U.S. children aged
one to five years have BLLs exceeding
this level (about 1.6 percent of children
aged one to five years). Currently, leadbased paint in older housing remains
the most common source for excess lead
exposure for children, but exposures
from other sources of lead, such as
certain ethnic medicines, imported
candy and spices, ceramicware, and
other types of consumer products,
including jewelry, have been
documented.
Investigations by the CPSC Laboratory
staff indicated that the extractability of
lead from children’s metal jewelry is
strongly associated with the lead
content of these items. Staff
investigations also indicated that when
metal jewelry is ingested by children,
excess lead exposure is likely for items
that contain more than 0.06% lead, and
that the amount of exposure likely
increases with increasing lead content
in the item.
SUMMARY:
A. Background
On May 16, 2006, the CPSC docketed
Sierra Club’s request for a ban on
children’s jewelry containing more than
0.06% lead by weight as a petition
under the Federal Hazardous
Substances Act (FHSA) (Petition No. HP
06–1). 71 FR 35416. Information
obtained from the petition and CPSC
staff investigations indicate that excess
lead exposure may result when children
ingest metal jewelry containing more
than 0.06% lead by weight in metal
components. On December 11, 2006, the
Commission voted to grant the petition
and begin a rulemaking proceeding to
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C. Statutory Authority
This proceeding is conducted
pursuant to the Federal Hazardous
Substances Act (FHSA), 15 U.S.C. 1261
et seq. Section 2(f)(1)(A) of the FHSA
defines ‘‘hazardous substance’’ to
include any substance or mixture of
substances which is toxic and may
cause substantial illness as a proximate
result of any customary or reasonably
foreseeable handling or use, including
reasonably foreseeable ingestion by
children. 15 U.S.C. 1261(f)(1)(A).
Under section 2(q)(1)(B) of the FHSA,
a substance is a ‘‘banned hazardous
substance’’ if the Commission
determines that, ‘‘notwithstanding such
cautionary labeling as is or may be
required under this Act for that
substance, the degree or nature of the
hazard involved in the presence or use
1 Acting Chairman Nancy A. Nord filed a
statement which is available from the Office of the
Secretary or on the Commission’s Web site at
https://www.cpsc.gov.
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09JAP1
Federal Register / Vol. 72, No. 5 / Tuesday, January 9, 2007 / Proposed Rules
of such [hazardous] substance in
households is such that the objective of
the protection of the public health and
safety can be adequately served only by
keeping such substance, when so
intended or packaged, out of the
channels of interstate commerce’’ 15
U.S.C. 1261(q)(1)(B).
A ban under section 2(q)(1)(B) of the
FHSA may be used to reach articles
intended for use in the household that
are determined to be hazardous
substances under section 3(a)(1).
Section 3(a)(1) of the FHSA provides
that the Commission may, by regulation,
declare to be a ‘‘hazardous substance’’
any substance or mixture of substances
which meets the requirements of section
2(f)(1)(A). 15 U.S.C. 1262(a)(1). If the
section 3(a)(1) proceeding resulted in a
determination that jewelry containing
more that 0.06% lead was a hazardous
substance, then, if the article is
‘‘intended for use by children,’’ the
jewelry would be banned automatically
under section 2(q)(1)(A) of the FHSA. 15
U.S.C. 1261(q)(1)(A). Section 3(a)(2)
specifies the procedures for issuance of
a regulation declaring a substance or
mixture of substances to be a
‘‘hazardous substance.’’ 15 U.S.C.
1262(a)(2).
Sections 2(q)(2) and 3(f) through 3(i)
specify the procedures for issuing a rule
classifying a substance as a banned
hazardous substance under section
2(q)(1)(B) of the Act. 15 U.S.C.
1261(q)(2), 1262(f)–(i). In accordance
with section 3(f), this proceeding is
commenced by issuance of this ANPR.
15 U.S.C. 1262(f). After considering any
comments submitted in response to this
ANPR, the Commission will decide
whether to issue a proposed rule and a
preliminary regulatory analysis in
accordance with section 3(h) of the
FHSA. 15 U.S.C. 1262(h). If a proposed
rule is issued, the Commission would
then consider the comments received in
response to the proposed rule in
deciding whether to issue a final rule
and a final regulatory analysis. 15 U.S.C.
1262(i).
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D. Regulatory Alternatives
One or more of the following
alternatives could be used to reduce the
identified risks associated with
children’s metal jewelry containing
lead.
1. Mandatory rule. The Commission
could issue a rule declaring children’s
metal jewelry containing lead to be a
banned hazardous substance.
2. Labeling rule. The Commission
could issue a rule requiring specified
warnings and instructions for children’s
metal jewelry containing lead.
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3. Existing standard. The Commission
could adopt an existing standard, in
whole or in part, as a proposed
regulation.
4. Voluntary standard. If the industry
developed, adopted, and substantially
conformed to an adequate voluntary
standard, the Commission could defer to
the voluntary standard in lieu of issuing
a mandatory rule.
5. Corrective Actions under Section 15
of the FHSA. The Commission has
authority under section 15 of the FHSA,
15 U.S.C. 1274, to pursue corrective
actions on a case-by-case basis if the
Commission determines that a product
constitutes a banned hazardous
substance.
E. Existing Standards
CPSC staff reviewed existing State
standards relevant to lead in children’s
metal jewelry promulgated in California
and Illinois. On September 22, 2006,
legislation was enacted in California on
lead containing jewelry, A.B. No. 1681.
This law provides, in part, for phasedin compliance of specified materials to
be used in jewelry for retail sale in
California. This law contains a number
of provisions separated by type of
material used in the product or
components, and by whether the
product is for children aged six years
and younger. Children’s products must
contain less than 0.06 percent lead in
certain metallic components, and
certain other components are limited to
less than 0.02 percent lead. Lead
content in children’s jewelry is limited
to less than 0.06 percent by September
1, 2007, and plastic and rubber
components to less than 0.02 percent by
August 31, 2009. The use of glass or
crystal is limited to a total of one gram
in the product unless it contains less
than 0.02 percent lead by weight and
has no intentionally added lead.
On June 20, 2006, the State of Illinois
enacted Public Act 094–0879, which
amends the Illinois Lead Poisoning
Prevention Act to define a ‘‘lead bearing
substance’’ as, in part, ‘‘any item
containing or coated with lead such that
the lead content is more than sixhundredths of one percent (0.06%) lead
by total weight.’’ This act restricts the
use of lead bearing substances and bans
their use ‘‘in or upon any items,
including, but not limited to, clothing,
accessories, jewelry, decorative objects,
edible items, candy, food, dietary
supplements, toys, furniture, or other
articles used by or intended to be and
chewable by children.’’ This act covers
children aged six years and younger.
Canada has also established
regulations concerning lead in
children’s jewelry under ‘‘The
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921
Children’s Jewellery Regulations,’’
effective May 10, 2005. The regulations
provide limits both for lead content (600
mg/kg; equivalent to 0.06 percent) and
‘‘migratable’’ or accessible lead (90 mg/
kg) for children’s jewelry items
imported, advertised, or sold in Canada.
Children’s jewelry is defined as
‘‘jewellery item(s) which is (are)
designed, sized, decorated, packaged,
and/or otherwise produced, advertised
or sold in such a manner as to make it
reasonably apparent that the item(s) is
intended to attract, appeal to, or be
worn primarily by a child under the age
of 15 years.’’
These standards offer vastly differing
requirements for test methods, test
materials, product categories, age
categories, and so forth. Provisions in
standards that do not address jewelry do
not fall within the scope of this
proceeding. At this time, CPSC staff is
focusing on metal jewelry containing
lead because the available data indicate
that such products could be hazardous
due to their lead content and potential
for exposure. More information
concerning potential lead exposure of
other non-metal materials that may be
used in jewelry is needed before staff
can assess whether other non-metal
materials used in jewelry present a
hazard. Furthermore, additional
information and data must be obtained
before staff can properly assess the
appropriate test or test methodology to
be used, the appropriate product or
products to be addressed, and the
appropriate age group to be covered
under any proposed regulation.
F. Economic Considerations
CPSC staff gathered data on certain
classifications of jewelry and toy
manufacturers. The U.S. Census Bureau,
using the North American Industry
Classification System, provides data on
three types of manufacturers: Jewelry
(Except Costume); Jewelers’ Material
and Lapidary Work; and Costume
Jewelry and Novelty Manufacturing. Of
these, the Jewelry (Except Costume)
manufacturers, which deal primarily
with precious metals, constitute about
76 percent of the value of jewelry
manufacturing shipments; the Costume
category accounts for about ten percent
of shipments. For 2004, the total value
of shipments for all three classifications
was more than $7.8 billion. The data
indicated that nearly 3,000
establishments produce jewelry items in
the U.S. Most of these are relatively
small; almost 60 percent have one to
four employees and 84 percent have
fewer than 20 employees. All but 19
firms have fewer than 500 employees
(the definition of small business used by
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Federal Register / Vol. 72, No. 5 / Tuesday, January 9, 2007 / Proposed Rules
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the U.S. Small Business
Administration). As of 2004, domestic
production was about 24 percent of the
total U.S. market, with products from
Israel, India, Belgium, China, Thailand,
and Italy making up about threequarters of jewelry imports by value.
Because children’s jewelry may
include toy jewelry, staff considered
data for toy, doll, and stuffed animal
accessories that may include jewelry
items. The value of shipments of these
products is approximately $30 million
annually, although this figure includes
many products that would not be
considered jewelry. Finally, staff
considered manufacturing of craft kits
and supplies, which would include
jewelry-making kits. The value of
shipments for this category is about
$180 million annually. This figure also
includes many products that would not
be considered jewelry.
While this information provides an
overview of U.S. manufacturing of
jewelry and related toy products, the
data do not allow staff to analyze the
specific impact of any potential
regulation of lead in children’s jewelry.
Further, while staff has information
about the overall economic impact of
excess lead exposure in children, there
is no information available that
addresses the effect of lead exposures
specifically from children’s jewelry.
While reducing lead in children’s
jewelry could result in reduced lead
exposure in children, the extent of the
reduction and the resulting benefits may
be difficult to quantify. Comments on
these issues and on costs and benefits of
a potential rule are specifically
solicited.
G. Solicitation of Information and
Comments
This ANPR is an initial step in a
proceeding that could result in a
mandatory rule banning children’s
metal jewelry containing more than
0.06% lead by weight in metal
components. All interested persons are
invited to submit to the Commission
their comments on any aspect of the
alternatives discussed above. In
particular, CPSC solicits the following
additional information:
1. Information on any children
believed to have been injured or killed
as a result of ingesting metal jewelry
containing lead, including the ages of
such children, and their BLLs;
2. The circumstances under which
these injuries and deaths occurred,
including information on the suspected
metal jewelry product;
3. The costs to manufacturers of
redesigning children’s metal jewelry to
remove the risk from lead or the cost of
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removing children’s metal jewelry
containing lead from the market;
4. A description of substitutes for
children’s metal jewelry containing lead
that could reduce the described risk of
injury;
5. Comparisons of the costs and utility
of using lead in children’s metal jewelry
versus any available substitute products;
6. Other information on the potential
costs and benefits of potential rules;
7. Steps that have been taken by
industry or others to reduce the risk of
injury to children due to lead from
metal jewelry products;
8. The likelihood and nature of any
significant economic impact of a rule on
small entities;
9. Alternatives the Commission
should consider, as well as the costs and
benefits of those alternatives to
minimize the burdens or costs to small
entities;
10. The costs and benefits of
mandating a testing requirement;
11. The costs and benefits of
mandating a quality control/quality
assurance program requirement and/or
recordkeeping requirement;
12. The market share of children’s
jewelry relative to all jewelry for both
precious and costume (non-precious)
jewelry;
13. The estimated average expected
life of a piece of jewelry (precious and
non-precious) and/or an estimated
number of jewelry pieces in U.S.
households;
14. The distribution of jewelry sales
by manufacturing and/or retail price for
both precious and costume (nonprecious) jewelry; and
15. Information on the lead content
and accessibility of lead in non-metallic
materials and components used in
children’s jewelry containing lead
including, but not limited to, plastics,
rubber, crystals, glass and ceramics.
Also, in accordance with section 3(f)
of the FHSA, the Commission solicits:
1. Written comments with respect to
the risk of injury identified by the
Commission, the regulatory alternatives
being considered, and other possible
alternatives for addressing the risk.
2. Any existing standard or portion of
a standard which could be issued as a
proposed regulation.
3. A statement of intention to modify
or develop a voluntary standard to
address the risk of injury discussed in
this notice, along with a description of
a plan (including a schedule) to do so.
Comments should be e-mailed to
cpsc-os@cpsc.gov. Comments should be
captioned ‘‘Children’s Jewelry
Containing Lead ANPR.’’ Comments
may also be mailed, preferably in five
copies, to the Office of the Secretary,
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Consumer Product Safety Commission,
Room 502, 4330 East West Highway,
Bethesda, Maryland 20814, or delivered
to the same address (telephone (301)
504–7923). Comments also may be filed
by facsimile to (301) 504–0127. All
comments and submissions should be
received no later than March 12, 2007.
H. FHSA Enforcement During the
Pendency of the Rulemaking
Manufacturers, importers and retailers
of children’s jewelry are reminded that
the Federal Hazardous Substances Act
of its own force bans articles of
children’s jewelry that meet the
statutory definition of a ‘‘banned
hazardous substance.’’ 15 U.S.C.
1261(q)(1). The CPSC Compliance staff
therefore intends to continue enforcing
the statute as appropriate during the
pendency of this rulemaking. To avoid
problems, manufacturers, importers and
retailers are advised to follow the
guidance provided in the Interim
Enforcement Policy for Children’s Metal
Jewelry Containing Lead (February 3,
2005) which is available on the CPSC
Web site at https://www.cpsc.gov/
BUSINFO/pbjewelgd.pdf.
Dated: January 4, 2007.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. E7–109 Filed 1–8–07; 8:45 am]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Parts 101, 125 and 141
[Docket No. RM07–2–000]
Accounting and Reporting
Requirements for Nonoperating Public
Utilities and Licensees
Issued December 21, 2006.
Federal Energy Regulatory
Commission, Energy.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Federal Energy
Regulatory Commission (Commission) is
proposing to amend its accounting and
reporting regulations, in Parts 101 and
141, to require public utilities and
licensees to continue to follow the
Commission’s Uniform System of
Accounts (USofA) and to file annual
and quarterly financial reports when
they have ceased making jurisdictional
sales of electric energy, or providing
jurisdictional transmission service, but
continue collecting amounts pursuant to
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[Federal Register Volume 72, Number 5 (Tuesday, January 9, 2007)]
[Proposed Rules]
[Pages 920-922]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-109]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1500
Children's Jewelry Containing Lead; Advance Notice of Proposed
Rulemaking; Request for Comments and Information
AGENCY: Consumer Product Safety Commission.
ACTION: Advance notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is
considering whether there may be a need to ban children's metal jewelry
containing more than 0.06% lead by weight in metal components. This
advance notice of proposed rulemaking (ANPR) initiates a rulemaking
proceeding under the Federal Hazardous Substances Act (FHSA). The
Commission is soliciting written comments concerning the risks of
injury associated with children's jewelry containing lead, the
regulatory options discussed in this notice, other possible ways to
address these risks, and the economic impacts of the various regulatory
alternatives. The Commission also invites interested persons to submit
an existing standard, or a statement of intent to modify or develop a
voluntary standard, to address the risk of injury described in this
notice.
DATES: Written comments and submissions in response to this document
must be received by March 12, 2007.
ADDRESSES: Comments should be e-mailed to cpsc-os@cpsc.gov. Comments
should be captioned ``Children's Jewelry Containing Lead ANPR.''
Comments may also be mailed, preferably in five copies, to the Office
of the Secretary, Consumer Product Safety Commission, Room 502, 4330
East West Highway, Bethesda, Maryland 20814, or delivered to the same
address (telephone (301) 504-7923). Comments also may be filed by
facsimile to (301) 504-0127.
FOR FURTHER INFORMATION CONTACT: Kristina Hatlelid, PhD, M.P.H.,
Directorate for Health Sciences, Consumer Product Safety Commission,
4330 East West Highway, Bethesda, Maryland 20814; telephone (301) 504-
7254, e-mail khatlelid@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
On May 16, 2006, the CPSC docketed Sierra Club's request for a ban
on children's jewelry containing more than 0.06% lead by weight as a
petition under the Federal Hazardous Substances Act (FHSA) (Petition
No. HP 06-1). 71 FR 35416. Information obtained from the petition and
CPSC staff investigations indicate that excess lead exposure may result
when children ingest metal jewelry containing more than 0.06% lead by
weight in metal components. On December 11, 2006, the Commission voted
to grant the petition and begin a rulemaking proceeding to address the
risk of injury described in this notice.\1\
---------------------------------------------------------------------------
\1\ Acting Chairman Nancy A. Nord filed a statement which is
available from the Office of the Secretary or on the Commission's
Web site at https://www.cpsc.gov.
---------------------------------------------------------------------------
B. The Risk of Injury
The scientific community generally recognizes a level of 10
micrograms of lead per deciliter of blood ([mu]g/dL) as a level of
concern with respect to lead poisoning in children. Continuing
national, state and local efforts to remove lead hazards from
children's environments (e.g., eliminating lead from household paint,
gasoline, and food cans) have resulted in reductions in mean blood lead
levels (BLLs) and in the number of children with BLLs exceeding 10
[mu]g/dL. Data from a recent national survey indicated that an
estimated 310,000 U.S. children aged one to five years have BLLs
exceeding this level (about 1.6 percent of children aged one to five
years). Currently, lead-based paint in older housing remains the most
common source for excess lead exposure for children, but exposures from
other sources of lead, such as certain ethnic medicines, imported candy
and spices, ceramicware, and other types of consumer products,
including jewelry, have been documented.
Investigations by the CPSC Laboratory staff indicated that the
extractability of lead from children's metal jewelry is strongly
associated with the lead content of these items. Staff investigations
also indicated that when metal jewelry is ingested by children, excess
lead exposure is likely for items that contain more than 0.06% lead,
and that the amount of exposure likely increases with increasing lead
content in the item.
C. Statutory Authority
This proceeding is conducted pursuant to the Federal Hazardous
Substances Act (FHSA), 15 U.S.C. 1261 et seq. Section 2(f)(1)(A) of the
FHSA defines ``hazardous substance'' to include any substance or
mixture of substances which is toxic and may cause substantial illness
as a proximate result of any customary or reasonably foreseeable
handling or use, including reasonably foreseeable ingestion by
children. 15 U.S.C. 1261(f)(1)(A).
Under section 2(q)(1)(B) of the FHSA, a substance is a ``banned
hazardous substance'' if the Commission determines that,
``notwithstanding such cautionary labeling as is or may be required
under this Act for that substance, the degree or nature of the hazard
involved in the presence or use
[[Page 921]]
of such [hazardous] substance in households is such that the objective
of the protection of the public health and safety can be adequately
served only by keeping such substance, when so intended or packaged,
out of the channels of interstate commerce'' 15 U.S.C. 1261(q)(1)(B).
A ban under section 2(q)(1)(B) of the FHSA may be used to reach
articles intended for use in the household that are determined to be
hazardous substances under section 3(a)(1). Section 3(a)(1) of the FHSA
provides that the Commission may, by regulation, declare to be a
``hazardous substance'' any substance or mixture of substances which
meets the requirements of section 2(f)(1)(A). 15 U.S.C. 1262(a)(1). If
the section 3(a)(1) proceeding resulted in a determination that jewelry
containing more that 0.06% lead was a hazardous substance, then, if the
article is ``intended for use by children,'' the jewelry would be
banned automatically under section 2(q)(1)(A) of the FHSA. 15 U.S.C.
1261(q)(1)(A). Section 3(a)(2) specifies the procedures for issuance of
a regulation declaring a substance or mixture of substances to be a
``hazardous substance.'' 15 U.S.C. 1262(a)(2).
Sections 2(q)(2) and 3(f) through 3(i) specify the procedures for
issuing a rule classifying a substance as a banned hazardous substance
under section 2(q)(1)(B) of the Act. 15 U.S.C. 1261(q)(2), 1262(f)-(i).
In accordance with section 3(f), this proceeding is commenced by
issuance of this ANPR. 15 U.S.C. 1262(f). After considering any
comments submitted in response to this ANPR, the Commission will decide
whether to issue a proposed rule and a preliminary regulatory analysis
in accordance with section 3(h) of the FHSA. 15 U.S.C. 1262(h). If a
proposed rule is issued, the Commission would then consider the
comments received in response to the proposed rule in deciding whether
to issue a final rule and a final regulatory analysis. 15 U.S.C.
1262(i).
D. Regulatory Alternatives
One or more of the following alternatives could be used to reduce
the identified risks associated with children's metal jewelry
containing lead.
1. Mandatory rule. The Commission could issue a rule declaring
children's metal jewelry containing lead to be a banned hazardous
substance.
2. Labeling rule. The Commission could issue a rule requiring
specified warnings and instructions for children's metal jewelry
containing lead.
3. Existing standard. The Commission could adopt an existing
standard, in whole or in part, as a proposed regulation.
4. Voluntary standard. If the industry developed, adopted, and
substantially conformed to an adequate voluntary standard, the
Commission could defer to the voluntary standard in lieu of issuing a
mandatory rule.
5. Corrective Actions under Section 15 of the FHSA. The Commission
has authority under section 15 of the FHSA, 15 U.S.C. 1274, to pursue
corrective actions on a case-by-case basis if the Commission determines
that a product constitutes a banned hazardous substance.
E. Existing Standards
CPSC staff reviewed existing State standards relevant to lead in
children's metal jewelry promulgated in California and Illinois. On
September 22, 2006, legislation was enacted in California on lead
containing jewelry, A.B. No. 1681. This law provides, in part, for
phased-in compliance of specified materials to be used in jewelry for
retail sale in California. This law contains a number of provisions
separated by type of material used in the product or components, and by
whether the product is for children aged six years and younger.
Children's products must contain less than 0.06 percent lead in certain
metallic components, and certain other components are limited to less
than 0.02 percent lead. Lead content in children's jewelry is limited
to less than 0.06 percent by September 1, 2007, and plastic and rubber
components to less than 0.02 percent by August 31, 2009. The use of
glass or crystal is limited to a total of one gram in the product
unless it contains less than 0.02 percent lead by weight and has no
intentionally added lead.
On June 20, 2006, the State of Illinois enacted Public Act 094-
0879, which amends the Illinois Lead Poisoning Prevention Act to define
a ``lead bearing substance'' as, in part, ``any item containing or
coated with lead such that the lead content is more than six-hundredths
of one percent (0.06%) lead by total weight.'' This act restricts the
use of lead bearing substances and bans their use ``in or upon any
items, including, but not limited to, clothing, accessories, jewelry,
decorative objects, edible items, candy, food, dietary supplements,
toys, furniture, or other articles used by or intended to be and
chewable by children.'' This act covers children aged six years and
younger.
Canada has also established regulations concerning lead in
children's jewelry under ``The Children's Jewellery Regulations,''
effective May 10, 2005. The regulations provide limits both for lead
content (600 mg/kg; equivalent to 0.06 percent) and ``migratable'' or
accessible lead (90 mg/kg) for children's jewelry items imported,
advertised, or sold in Canada. Children's jewelry is defined as
``jewellery item(s) which is (are) designed, sized, decorated,
packaged, and/or otherwise produced, advertised or sold in such a
manner as to make it reasonably apparent that the item(s) is intended
to attract, appeal to, or be worn primarily by a child under the age of
15 years.''
These standards offer vastly differing requirements for test
methods, test materials, product categories, age categories, and so
forth. Provisions in standards that do not address jewelry do not fall
within the scope of this proceeding. At this time, CPSC staff is
focusing on metal jewelry containing lead because the available data
indicate that such products could be hazardous due to their lead
content and potential for exposure. More information concerning
potential lead exposure of other non-metal materials that may be used
in jewelry is needed before staff can assess whether other non-metal
materials used in jewelry present a hazard. Furthermore, additional
information and data must be obtained before staff can properly assess
the appropriate test or test methodology to be used, the appropriate
product or products to be addressed, and the appropriate age group to
be covered under any proposed regulation.
F. Economic Considerations
CPSC staff gathered data on certain classifications of jewelry and
toy manufacturers. The U.S. Census Bureau, using the North American
Industry Classification System, provides data on three types of
manufacturers: Jewelry (Except Costume); Jewelers' Material and
Lapidary Work; and Costume Jewelry and Novelty Manufacturing. Of these,
the Jewelry (Except Costume) manufacturers, which deal primarily with
precious metals, constitute about 76 percent of the value of jewelry
manufacturing shipments; the Costume category accounts for about ten
percent of shipments. For 2004, the total value of shipments for all
three classifications was more than $7.8 billion. The data indicated
that nearly 3,000 establishments produce jewelry items in the U.S. Most
of these are relatively small; almost 60 percent have one to four
employees and 84 percent have fewer than 20 employees. All but 19 firms
have fewer than 500 employees (the definition of small business used by
[[Page 922]]
the U.S. Small Business Administration). As of 2004, domestic
production was about 24 percent of the total U.S. market, with products
from Israel, India, Belgium, China, Thailand, and Italy making up about
three-quarters of jewelry imports by value.
Because children's jewelry may include toy jewelry, staff
considered data for toy, doll, and stuffed animal accessories that may
include jewelry items. The value of shipments of these products is
approximately $30 million annually, although this figure includes many
products that would not be considered jewelry. Finally, staff
considered manufacturing of craft kits and supplies, which would
include jewelry-making kits. The value of shipments for this category
is about $180 million annually. This figure also includes many products
that would not be considered jewelry.
While this information provides an overview of U.S. manufacturing
of jewelry and related toy products, the data do not allow staff to
analyze the specific impact of any potential regulation of lead in
children's jewelry. Further, while staff has information about the
overall economic impact of excess lead exposure in children, there is
no information available that addresses the effect of lead exposures
specifically from children's jewelry. While reducing lead in children's
jewelry could result in reduced lead exposure in children, the extent
of the reduction and the resulting benefits may be difficult to
quantify. Comments on these issues and on costs and benefits of a
potential rule are specifically solicited.
G. Solicitation of Information and Comments
This ANPR is an initial step in a proceeding that could result in a
mandatory rule banning children's metal jewelry containing more than
0.06% lead by weight in metal components. All interested persons are
invited to submit to the Commission their comments on any aspect of the
alternatives discussed above. In particular, CPSC solicits the
following additional information:
1. Information on any children believed to have been injured or
killed as a result of ingesting metal jewelry containing lead,
including the ages of such children, and their BLLs;
2. The circumstances under which these injuries and deaths
occurred, including information on the suspected metal jewelry product;
3. The costs to manufacturers of redesigning children's metal
jewelry to remove the risk from lead or the cost of removing children's
metal jewelry containing lead from the market;
4. A description of substitutes for children's metal jewelry
containing lead that could reduce the described risk of injury;
5. Comparisons of the costs and utility of using lead in children's
metal jewelry versus any available substitute products;
6. Other information on the potential costs and benefits of
potential rules;
7. Steps that have been taken by industry or others to reduce the
risk of injury to children due to lead from metal jewelry products;
8. The likelihood and nature of any significant economic impact of
a rule on small entities;
9. Alternatives the Commission should consider, as well as the
costs and benefits of those alternatives to minimize the burdens or
costs to small entities;
10. The costs and benefits of mandating a testing requirement;
11. The costs and benefits of mandating a quality control/quality
assurance program requirement and/or recordkeeping requirement;
12. The market share of children's jewelry relative to all jewelry
for both precious and costume (non-precious) jewelry;
13. The estimated average expected life of a piece of jewelry
(precious and non-precious) and/or an estimated number of jewelry
pieces in U.S. households;
14. The distribution of jewelry sales by manufacturing and/or
retail price for both precious and costume (non-precious) jewelry; and
15. Information on the lead content and accessibility of lead in
non-metallic materials and components used in children's jewelry
containing lead including, but not limited to, plastics, rubber,
crystals, glass and ceramics.
Also, in accordance with section 3(f) of the FHSA, the Commission
solicits:
1. Written comments with respect to the risk of injury identified
by the Commission, the regulatory alternatives being considered, and
other possible alternatives for addressing the risk.
2. Any existing standard or portion of a standard which could be
issued as a proposed regulation.
3. A statement of intention to modify or develop a voluntary
standard to address the risk of injury discussed in this notice, along
with a description of a plan (including a schedule) to do so.
Comments should be e-mailed to cpsc-os@cpsc.gov. Comments should be
captioned ``Children's Jewelry Containing Lead ANPR.'' Comments may
also be mailed, preferably in five copies, to the Office of the
Secretary, Consumer Product Safety Commission, Room 502, 4330 East West
Highway, Bethesda, Maryland 20814, or delivered to the same address
(telephone (301) 504-7923). Comments also may be filed by facsimile to
(301) 504-0127. All comments and submissions should be received no
later than March 12, 2007.
H. FHSA Enforcement During the Pendency of the Rulemaking
Manufacturers, importers and retailers of children's jewelry are
reminded that the Federal Hazardous Substances Act of its own force
bans articles of children's jewelry that meet the statutory definition
of a ``banned hazardous substance.'' 15 U.S.C. 1261(q)(1). The CPSC
Compliance staff therefore intends to continue enforcing the statute as
appropriate during the pendency of this rulemaking. To avoid problems,
manufacturers, importers and retailers are advised to follow the
guidance provided in the Interim Enforcement Policy for Children's
Metal Jewelry Containing Lead (February 3, 2005) which is available on
the CPSC Web site at https://www.cpsc.gov/BUSINFO/pbjewelgd.pdf.
Dated: January 4, 2007.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E7-109 Filed 1-8-07; 8:45 am]
BILLING CODE 6355-01-P