Ban of Lead-Containing Paint and Certain Consumer Products Bearing Lead-Containing Paint, 77492-77493 [E8-30238]

Download as PDF 77492 Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Rules and Regulations Federal Reserve Bank of St. Louis to the head office of the Federal Reserve Bank of Atlanta. To coincide with the effective date of the underlying checkprocessing changes, the amendments to appendix A are effective February 21, 2009. The Board is providing notice of the amendments at this time to give affected banks ample time to make any needed processing changes. Early notice also will enable affected banks to amend their availability schedules and related disclosures if necessary and provide their customers with notice of these changes.2 Administrative Procedure Act The Board has not followed the provisions of 5 U.S.C. 553(b) relating to notice and public participation in connection with the adoption of the final rule. The revisions to appendix A are technical in nature and are required by the statutory and regulatory definitions of ‘‘check-processing region.’’ Because there is no substantive change on which to seek public input, the Board has determined that the § 553(b) notice and comment procedures are unnecessary. In addition, the underlying consolidation of Federal Reserve Bank check-processing offices involves a matter relating to agency management, which is exempt from notice and comment procedures. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506; 5 CFR 1320 Appendix A.1), the Board has reviewed the final rule under authority delegated to the Board by the Office of Management and Budget. The technical amendment to appendix A of Regulation CC will delete the reference to the head office of the Federal Reserve Bank of St. Louis and reassign the routing symbols listed under that office to the head office of the Federal Reserve Bank of Atlanta. The depository institutions that are located in the affected check-processing regions and that include the routing numbers in their disclosure statements would be required to notify customers of the resulting change in availability under § 229.18(e). However, all paperwork collection procedures associated with Regulation CC already are in place, and the Board accordingly anticipates that no additional burden will be imposed as a result of this rulemaking. 2 Section 229.18(e) of Regulation CC requires that banks notify account holders who are consumers within 30 days after implementing a change that improves the availability of funds. VerDate Aug<31>2005 14:44 Dec 18, 2008 Jkt 217001 List of Subjects in 12 CFR Part 229 Banks, Banking, Reporting and recordkeeping requirements. Authority and Issuance By order of the Board of Governors of the Federal Reserve System, December 15, 2008. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E8–30085 Filed 12–18–08; 8:45 am] BILLING CODE 6210–01–P For the reasons set forth in the preamble, the Board is amending 12 CFR part 229 to read as follows: ■ PART 229—AVAILABILITY OF FUNDS AND COLLECTION OF CHECKS (REGULATION CC) 1. The authority citation for part 229 continues to read as follows: ■ Authority: 12 U.S.C. 4001–4010, 12 U.S.C. 5001–5018. 2. The Sixth and Eighth Federal Reserve District routing symbol lists in appendix A are amended by removing the headings and listings for the Eighth Federal Reserve District and revising the listings for the Sixth Federal Reserve District to read as follows: ■ Appendix A to Part 229—Routing Number Guide to Next-Day Availability Checks and Local Checks * * 0610 0611 0612 0613 0620 0621 0622 0630 0631 0632 0640 0641 0642 0650 0651 0652 0653 0654 0655 0660 0670 0810 0812 0815 0819 0820 0829 0840 0841 0842 0843 0865 Sixth Federal Reserve District [Federal Reserve Bank of Atlanta] Head office 2610 2611 2612 2613 2620 2621 2622 2630 2631 2632 2640 2641 2642 2650 2651 2652 2653 2654 2655 2660 2670 2810 2812 2815 2819 2820 2829 2840 2841 2842 2843 2865 * * PO 00000 * * Frm 00020 * * Fmt 4700 * * Sfmt 4700 CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1303 Ban of Lead-Containing Paint and Certain Consumer Products Bearing Lead-Containing Paint AGENCY: Consumer Product Safety Commission. ACTION: Final rule. SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is amending its regulations concerning the ban of lead-containing paint and certain consumer products bearing leadcontaining paint. DATES: This rule is effective on August 14, 2009. FOR FURTHER INFORMATION CONTACT: Hyun Sun Kim, Office of the General Counsel, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814, email: hkim@cpsc.gov. The Commission’s regulations at 16 CFR 1303.1 currently define as ‘‘banned hazardous products’’ certain consumer products, including paint and similar surface-coating materials, toys and other articles intended for use by children, and certain furniture articles that are or bear lead-containing paint, that is paint in which the lead content is in excess of 0.06 percent of the weight of the total nonvolatile content of the paint or the weight of the dried paint film. On August 14, 2008, Congress enacted the Consumer Product Safety Improvement Act of 2008 (CPSIA), Public Law 110– 314. Section 101(f)(1) of CPSIA mandates that 0.06 percent lead limit of 16 CFR 1303.1 be reduced to 0.009 percent, effective August 14, 2009. Accordingly, the Commission amends 16 CFR 1303.1(a) by substituting ‘‘0.009 percent’’ for ‘‘0.06 percent,’’ to become effective on that date. In addition, section 101(g) provides that any ban or rule promulgated under 16 CFR 1303.1 shall be considered a regulation promulgated under or for the enforcement of section 2(q) of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)). Section 1303.1 is amended accordingly. SUPPLEMENTARY INFORMATION: E:\FR\FM\19DER1.SGM 19DER1 Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Rules and Regulations Federal Hazardous Substances Act (15 U.S.C. 1261(q)). ■ 3. Amend § 1303.2 by revising paragraph (b)(2) to read as follows: List of Subjects in 16 CFR Part 1303 Consumer protection, Hazardous substances, Infants and children, Labeling, Lead poisoning. § 1303.2 Accordingly, 16 CFR part 1303 is amended as follows: ■ PART 1303—BAN LEAD-CONTAINING PAINT AND CERTAIN CONSUMER PRODUCTS BEARING LEADCONTAINING PAINT 1. The authority citation for part 1303 is revised to read as follows: ■ Authority: Secs. 8, 9, 86 Stat. 1215–1217, as amended 90 Stat. 506, 122 Stat. 3016, (15 U.S.C. 2057, 2058), Sec. 101, 122 Stat. 3016. 2. Amend § 1303.1 by revising paragraphs (a) introductory text and (c) and adding paragraph (d) to read as follows: ■ § 1303.1 Scope and application. (a) In this part 1303, the Consumer Product Safety Commission declares that paint and similar surface-coating materials for consumer use that contain lead or lead compounds and in which the lead content (calculated as lead metal) is in excess of 0.06 percent (0.06 percent is reduced to 0.009 percent effective August 14, 2009 as mandated by Congress in section 101(f) of the Consumer Product Safety Improvement Act of 2008, Pub. L. 110–314) of the weight of the total nonvolatile content of the paint or the weight of the dried paint film (which paint and similar surface-coating materials are referred to hereafter as ‘‘lead-containing paint’’) are banned hazardous products under sections 8 and 9 of the Consumer Product Safety Act (CPSA), 15 U.S.C. 2057, 2058. The following consumer products are also declared to be banned hazardous products: * * * * * (c) The Commission has issued the ban because it has found that there is an unreasonable risk of lead poisoning in children associated with lead content of over 0.06 percent in paints and coatings to which children have access and that no feasible consumer product safety standard under the CPSA would adequately protect the public from this risk. The 0.06 percent is reduced to 0.009 percent effective August 14, 2009 as mandated by Congress in section 101(f) of the Consumer Product Safety Improvement Act of 2008, Public Law 110–314. (d) Any ban or rule promulgated under 16 CFR 1303.1 shall be considered a regulation of the Commission promulgated under or for the enforcement of section 2(q) of the VerDate Aug<31>2005 14:44 Dec 18, 2008 Jkt 217001 Definitions. * * * * * (b) * * * (2) Lead-containing paint means paint or other similar surface coating materials containing lead or lead compounds and in which the lead content (calculated as lead metal) is in excess of 0.06 percent (0.06 percent is reduced to 0.009 percent effective August 14, 2009) by weight of the total nonvolatile content of the paint or the weight of the dried paint film. * * * * * Dated: December 15, 2008. Todd A. Stevenson, Secretary, Consumer Product Safety Commission. [FR Doc. E8–30238 Filed 12–18–08; 8:45 am] BILLING CODE 6355–01–P CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1500 Exemption From Classification as Banned Hazardous Substance; Exemption for Boston Billow Nursing Pillow and Substantially Similar Nursing Pillows AGENCY: Consumer Product Safety Commission. ACTION: Final rule. SUMMARY: The Commission is issuing a rule to exempt the Boston Billow Nursing Pillow and substantially similar nursing pillows from the Commission’s regulations banning infant cushions/ pillows set forth in the Commission’s regulations at 16 CFR 1500.18(a)(16)(i). DATES: The rule becomes effective on December 19, 2008. FOR FURTHER INFORMATION CONTACT: Suad Wanna-Nakamura, Directorate for Health Sciences, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814; telephone (301) 504–7252; e-mail snakamura@cpsc.gov. SUPPLEMENTARY INFORMATION: A. Background Between 1985 and 1992, there were 35 infant deaths associated with the use of infant cushions/pillows (also known, among other names, as ‘‘baby beanbag pillows’’ and ‘‘beanbag cushions’’). In almost all of the cases where the infant’s position could be determined, the infant PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 77493 was in a prone, face down, position. 55 FR 42202. The Commission initiated a rulemaking proceeding to determine whether a ban was necessary to address an unreasonable risk of injury and death associated with these types of infant cushions/pillows. Due to the number of infant deaths associated with these products, the Commission proposed a rule to ban infant cushions/pillows with certain characteristics. 56 FR 32352. On June 23, 1992, the Commission issued a rule codified at 16 CFR 1500.18(a)(16)(i), banning infant cushions/pillows that: (1) Have a flexible fabric covering; (2) are loosely filled with a granular material, including but not limited to, polystyrene beads or pellets; (3) are easily flattened; (4) are capable of conforming to the body or face of an infant; and (5) are intended or promoted for use by children under one year of age. 57 FR 27912. B. Petition On July 17, 2005, Boston Billows, Inc. (Boston Billows) submitted a petition requesting an amendment to 16 CFR 1500.18(a)(16)(i)(A)–(E) to allow an exception to the ban. The petitioner is the manufacturer of the Boston Billow Nursing Pillow, a granularly filled, Cshaped pillow intended for use by mothers when breastfeeding. C. The ANPR The Commission issued an advance notice of proposed rulemaking (ANPR) on September 27, 2006, to assess whether a rulemaking was necessary to address any unreasonable risk of injury or death which may be associated with infant cushions/pillows. 71 FR 56418. In addition to the Boston Billow Nursing Pillow, which met the criteria of the ban, there appeared to be a proliferation of other infant cushions/ pillows or pillow-like products in the marketplace, including nursing pillows which met some, but not all, of the criteria set forth in the ban. After review of the comments, incident reports and other available information, the Commission determined there was insufficient data or product information on infant cushions or pillow-like products, other than the Boston Billow Nursing Pillow, to proceed with further rulemaking on those products at this time. Accordingly, the Commission issued a notice in the Federal Register on September 3, 2008, terminating the rulemaking on infant cushions/pillows or pillow-like products intended for use by infants, other than with respect to the Boston Billow Nursing Pillow and substantially similar nursing pillows. 73 FR 51386. E:\FR\FM\19DER1.SGM 19DER1

Agencies

Consumer Product Safety Commission

[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Rules and Regulations]
[Pages 77492-77493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30238]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1303


Ban of Lead-Containing Paint and Certain Consumer Products 
Bearing Lead-Containing Paint

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

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SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is 
amending its regulations concerning the ban of lead-containing paint 
and certain consumer products bearing lead-containing paint.

DATES: This rule is effective on August 14, 2009.

FOR FURTHER INFORMATION CONTACT: Hyun Sun Kim, Office of the General 
Counsel, Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, Maryland 20814, email: hkim@cpsc.gov.

SUPPLEMENTARY INFORMATION: The Commission's regulations at 16 CFR 
1303.1 currently define as ``banned hazardous products'' certain 
consumer products, including paint and similar surface-coating 
materials, toys and other articles intended for use by children, and 
certain furniture articles that are or bear lead-containing paint, that 
is paint in which the lead content is in excess of 0.06 percent of the 
weight of the total nonvolatile content of the paint or the weight of 
the dried paint film. On August 14, 2008, Congress enacted the Consumer 
Product Safety Improvement Act of 2008 (CPSIA), Public Law 110-314. 
Section 101(f)(1) of CPSIA mandates that 0.06 percent lead limit of 16 
CFR 1303.1 be reduced to 0.009 percent, effective August 14, 2009. 
Accordingly, the Commission amends 16 CFR 1303.1(a) by substituting 
``0.009 percent'' for ``0.06 percent,'' to become effective on that 
date. In addition, section 101(g) provides that any ban or rule 
promulgated under 16 CFR 1303.1 shall be considered a regulation 
promulgated under or for the enforcement of section 2(q) of the Federal 
Hazardous Substances Act (15 U.S.C. 1261(q)). Section 1303.1 is amended 
accordingly.

[[Page 77493]]

List of Subjects in 16 CFR Part 1303

    Consumer protection, Hazardous substances, Infants and children, 
Labeling, Lead poisoning.


0
Accordingly, 16 CFR part 1303 is amended as follows:

PART 1303--BAN LEAD-CONTAINING PAINT AND CERTAIN CONSUMER PRODUCTS 
BEARING LEAD-CONTAINING PAINT

0
1. The authority citation for part 1303 is revised to read as follows:

    Authority: Secs. 8, 9, 86 Stat. 1215-1217, as amended 90 Stat. 
506, 122 Stat. 3016, (15 U.S.C. 2057, 2058), Sec. 101, 122 Stat. 
3016.


0
2. Amend Sec.  1303.1 by revising paragraphs (a) introductory text and 
(c) and adding paragraph (d) to read as follows:


Sec.  1303.1  Scope and application.

    (a) In this part 1303, the Consumer Product Safety Commission 
declares that paint and similar surface-coating materials for consumer 
use that contain lead or lead compounds and in which the lead content 
(calculated as lead metal) is in excess of 0.06 percent (0.06 percent 
is reduced to 0.009 percent effective August 14, 2009 as mandated by 
Congress in section 101(f) of the Consumer Product Safety Improvement 
Act of 2008, Pub. L. 110-314) of the weight of the total nonvolatile 
content of the paint or the weight of the dried paint film (which paint 
and similar surface-coating materials are referred to hereafter as 
``lead-containing paint'') are banned hazardous products under sections 
8 and 9 of the Consumer Product Safety Act (CPSA), 15 U.S.C. 2057, 
2058. The following consumer products are also declared to be banned 
hazardous products:
* * * * *
    (c) The Commission has issued the ban because it has found that 
there is an unreasonable risk of lead poisoning in children associated 
with lead content of over 0.06 percent in paints and coatings to which 
children have access and that no feasible consumer product safety 
standard under the CPSA would adequately protect the public from this 
risk. The 0.06 percent is reduced to 0.009 percent effective August 14, 
2009 as mandated by Congress in section 101(f) of the Consumer Product 
Safety Improvement Act of 2008, Public Law 110-314.
    (d) Any ban or rule promulgated under 16 CFR 1303.1 shall be 
considered a regulation of the Commission promulgated under or for the 
enforcement of section 2(q) of the Federal Hazardous Substances Act (15 
U.S.C. 1261(q)).

0
3. Amend Sec.  1303.2 by revising paragraph (b)(2) to read as follows:


Sec.  1303.2  Definitions.

* * * * *
    (b) * * *
    (2) Lead-containing paint means paint or other similar surface 
coating materials containing lead or lead compounds and in which the 
lead content (calculated as lead metal) is in excess of 0.06 percent 
(0.06 percent is reduced to 0.009 percent effective August 14, 2009) by 
weight of the total nonvolatile content of the paint or the weight of 
the dried paint film.
* * * * *

    Dated: December 15, 2008.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
 [FR Doc. E8-30238 Filed 12-18-08; 8:45 am]
BILLING CODE 6355-01-P

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