Children's Products Containing Lead; Procedures and Requirements for Exclusions From Lead Limits Under Section 101(b) of the Consumer Product Safety Improvement Act, 41298-41299 [2013-15944]
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Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Rules and Regulations
staff in the Premerger Notification Office
for their efforts in drafting the
amendments to the HSR Rules and for
their diligent administration of the
premerger notification program.
I disagree with the Commission’s
decision to publish the final
amendments to the HSR Rules. It has
long been accepted as a principle of
good governance that federal agencies
should issue new regulations only if
their benefits exceed their costs.2 In my
view, the record does not support the
conclusion that the new automatic
withdrawal rule offers any benefits that
justify its adoption. The notice of
proposed rulemaking claims the
automatic withdrawal rule is necessary
to prevent the antitrust agencies from
‘‘expend[ing] scarce resources on
hypothetical transactions.’’ 3 However, I
have not seen evidence that any of the
over 68,000 transactions that have been
notified under the HSR Rules has
resulted in the allocation of resources to
a truly hypothetical transaction.
In the absence of evidence that the
automatic withdrawal rule would
remedy a problem that exists under the
current HSR regime, and thus benefit
the public, I believe we should refrain
from creating new regulations.
[FR Doc. 2013–16539 Filed 7–9–13; 8:45 am]
BILLING CODE 6750–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1500
[Docket No. CPSC–2009–0004]
Children’s Products Containing Lead;
Procedures and Requirements for
Exclusions From Lead Limits Under
Section 101(b) of the Consumer
Product Safety Improvement Act
Consumer Product Safety
Commission.
ACTION: Final rule.
AGENCY:
The Consumer Product Safety
Commission (CPSC or Commission) is
issuing this rule to amend its existing
regulations pertaining to procedures and
requirements for exclusions from lead
TKELLEY on DSK3SPTVN1PROD with RULES
SUMMARY:
fee. I have no objection to this portion of the
amendments.
2 See Exec. Order No. 13,563, 3 CFR part 215
(2012), reprinted in 5 U.S.C. 601 app. (2006 & Supp.
V 2011); Exec. Order No. 12,866, 3 CFR part 638
(1994), reprinted as amended in 5 U.S.C. 601 (2006
& Supp. V 2011); Exec. Order No. 12,291, 3 CFR
part 127 (1982), revoked by Exec. Order No. 12,866,
3 CFR part 638.
3 Premerger Notification; Reporting and Waiting
Period Requirements, 78 FR 10574, 10575
(proposed Feb. 14, 2013) (to be codified at 16 CFR
part 803).
VerDate Mar<15>2010
17:22 Jul 09, 2013
Jkt 229001
limits under section 101(b) of the
Consumer Product Safety Improvement
Act of 2008 (CPSIA) to reflect statutory
changes mandated by Public Law 112–
28.
DATES:
Effective Date: July 10, 2013.
FOR FURTHER INFORMATION CONTACT:
Hyun Sun Kim, Office of the General
Counsel, Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814; email:
hkim@cpsc.gov; telephone: 301–504–
7632.
Under
section 101(a) of the CPSIA, consumer
products designed or intended primarily
for children 12 years old and younger
that contain lead content in excess of
100 ppm are considered to be banned
hazardous substances under the Federal
Hazardous Substances Act (FHSA). The
Commission previously published 16
CFR 1500.90 to provide procedures and
requirements for evaluating products or
materials for possible exclusion from
the lead limits under section 101(b)(1)
of the CPSIA.
On August 12, 2011, Public Law 112–
28 replaced section 101(b)(1) of the
CPSIA in its entirety. Section 101(b)(1)
of the CPSIA, as amended, now
provides for a functional purpose
exception from the lead content limits
under certain circumstances and sets
forth the procedures for granting an
exception in the statute. 15 U.S.C.
1278(a)(b). Because the existing
regulations at 16 CFR 1500.90 no longer
reflect the current law, the Commission
is amending that section to replace the
current procedures and requirements
with the statutory procedures and
requirements set forth under Public Law
112–28. In addition, the Commission
anticipates providing the public with a
staff guidance on the applicable
procedures for requesting an exemption,
which will be made available on the
CPSC Web site.
Although the Administrative
Procedure Act (APA) generally requires
notice and comment rulemaking,
section 553 of the APA provides an
exception when the agency, for good
cause, finds that notice and public
procedure are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ In this circumstance, the
Commission concludes that notice and
comment is not necessary. The statutory
provision upon which 16 CFR 1500.90
was based has been revised and there is
no action the Commission could take in
response to comments that would
change the underlying statutory
provision.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
List of Subjects in 16 CFR Part 1500
Consumer protection, Hazardous
materials, Hazardous substances,
Imports, Infants and children, Labeling,
Law enforcement, and Toys.
For the reasons stated above in the
preamble, the Commission amends title
16 of the Code of Federal Regulations as
follows:
PART 1500—HAZARDOUS
SUBSTANCES AND ARTICLES:
ADMINISTRATION AND
ENFORCEMENT REGULATIONS
1. The authority citation for part 1500
continues to read as follows:
■
Authority: 15 U.S.C. 1261–1278, 122 Stat.
3016, 125 Stat. 273.
2. In § 1500.90, revise paragraph (b)
and remove paragraphs (c) through (h)
to read as follows:
*
*
*
*
*
(b) Exclusion of certain materials or
products and inaccessible component
parts. The CPSIA provides the following
functional purpose exception from the
lead limits stated in section 101(a) of the
CPSIA.
(1) Functional purpose exception—(i)
In general. The Commission, on its own
initiative or upon petition by an
interested party, shall grant an
exception to the limit under paragraph
(a) of this section for a specific product,
class of product, material, or component
part if the Commission, after notice and
a hearing, determines that:
(A) The product, class of product,
material, or component part requires the
inclusion of lead because it is not
practicable or not technologically
feasible to manufacture such product,
class of product, material, or component
part, as the case may be, in accordance
with paragraph (a) of this section by
removing the excessive lead or by
making the lead inaccessible;
(B) The product, class of product,
material, or component part is not likely
to be placed in the mouth or ingested,
taking into account normal and
reasonably foreseeable use and abuse of
such product, class of product, material,
or component part by a child; and
(C) An exception for the product,
class of product, material, or component
part will have no measurable adverse
effect on public health or safety, taking
into account normal and reasonably
foreseeable use and abuse.
(ii) Measurement. For purposes of
paragraph (b)(1)(i)(C) of this section,
there is no measurable adverse effect on
public health or safety if the exception
described in paragraph (b)(1)(i) of this
section will result in no measurable
increase in blood lead levels of a child.
■
E:\FR\FM\10JYR1.SGM
10JYR1
TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Rules and Regulations
The Commission may adopt an
alternative method of measurement
other than blood lead levels if it
determines, after notice and a hearing,
that such alternative method is a better
scientific method for measuring adverse
effect on public health and safety.
(iii) Procedures for granting
exception—(A) Burden of proof. A party
seeking an exception under paragraph
(b)(1)(i) of this section has the burden of
demonstrating that it meets the
requirements of such paragraph.
(B) Grounds for decision. In the case
where a party has petitioned for an
exception, in determining whether to
grant the exception, the Commission
may base its decision solely on the
materials presented by the party seeking
the exception and any materials
received through notice and a hearing.
(C) Admissible evidence. In
demonstrating that it meets the
requirements of paragraph (b)(1)(i) of
this section, a party seeking an
exception under such paragraph may
rely on any nonproprietary information
submitted by any other party seeking
such an exception and such information
shall be considered part of the record
presented by the party that relies on that
information.
(D) Scope of exception. If an
exception is sought for an entire
product, the burden is on the
petitioning party to demonstrate that the
criteria in paragraph (b)(1)(i) of this
section are met with respect to every
accessible component or accessible
material of the product.
(iv) Limitation on exception. If the
Commission grants an exception for a
product, class of product, material, or
component part under paragraph
(b)(1)(i) of this section, the Commission
may, as necessary to protect public
health or safety:
(A) Establish a lead limit that such
product, class of product, material, or
component part may not exceed; or
(B) Place a manufacturing expiration
date on such exception or establish a
schedule after which the manufacturer
of such product, class of product,
material, or component part shall be in
full compliance with the limit
established under paragraph
(b)(1)(iv)(A) of this section or the limit
set forth under paragraph (a) of this
section.
(v) Application of exception. An
exception under paragraph (b)(1)(i) of
this section for a product, class of
product, material, or component part
shall apply regardless of the date of
manufacture unless the Commission
expressly provides otherwise.
(vi) Previously submitted petitions. A
party seeking an exception under this
VerDate Mar<15>2010
17:22 Jul 09, 2013
Jkt 229001
paragraph may rely on materials
previously submitted in connection
with a petition for exclusion under this
section. In such cases, petitioners must
notify the Commission of their intent to
rely on materials previously submitted.
Such reliance does not affect
petitioners’ obligation to demonstrate
that they meet all requirements of this
paragraph as required by paragraph
(b)(1)(iii)(A) of this section.
(2) [Reserved]
*
*
*
*
*
41299
Notice of enforcement of
regulation.
ACTION:
33 CFR Part 100
The Coast Guard will enforce
various special local regulations for
annual regattas and marine parades in
the Captain of the Port Detroit zone from
9:00 a.m. on June 21, 2013 through 7:00
p.m. on July 28, 2013. This action is
necessary and intended to ensure safety
of life on the navigable waters
immediately prior to, during, and
immediately after regattas or marine
parades. Enforcement of these special
local regulations rule will establish
restrictions upon, and control
movement of, vessels in specified areas
immediately prior to, during, and
immediately after regattas or marine
parades. During the enforcement
periods, no person or vessel may enter
the regulated areas without permission
of the Captain of the Port.
DATES: The regulations in 33 CFR 100
.914, .915, .918, and .919 will be
enforced at various times between June
21, 2013 and July 28, 2013.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email LT Adrian Palomeque,
Prevention Department, Sector Detroit,
Coast Guard; telephone (313)568–9508,
email Adrian.F.Palomeque@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the following special
local regulations in 33 CFR 100 at the
following dates and times:
(1) Sec. 100.914 Trenton Rotary Roar
on the River, Trenton, MI.
This special local regulation will be
enforced from 12:00 a.m. to 6:00 p.m. on
July 19, 2013 and from 8:00 a.m. to 8:00
p.m. on July 20 and 21, 2013.
(2) Sec. 100.915 St. Clair River Classic
Offshore Race, St. Clair, MI.
This special local regulation will be
enforced from 10:00 a.m. to 7:00 p.m. on
July 26, 27 and 28, 2013.
(3) Sec. 100.918 Detroit APBA Gold
Cup, Detroit MI.
This special local regulation will be
enforced from 7:00 a.m. to 7:00 p.m. on
July 12, 13 and 14, 2013.
(4) Sec. 100.919 International Bay City
River Roar, Bay City, MI.
This special local regulation will be
enforced from 9:00 a.m. to 6:00 p.m. on
June 21, 22, and 23, 2013. In the case
of inclement weather on June 23, 2013,
this special local regulation will also be
enforced from 9:00 a.m. to 6:00 p.m. on
June 24, 2013.
[Docket No. USCG–2012–0572]
Regulations
Regattas and Marine Parades; Great
Lakes Annual Marine Events
(1) In accordance with the general
regulations in 33 CFR 100.901, entry
into, transiting, or anchoring within
these regulated areas is prohibited
Dated: June 28, 2013.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2013–15944 Filed 7–9–13; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 111
Customs Brokers
CFR Correction
In Title 19 of the Code of Federal
Regulations, Parts 0 to 140, revised as of
April 1, 2013, on page 684, in § 111.13,
in paragraph (b), reinstate the second
sentence to read as follows:
§ 111.13
license.
Written examination for individual
*
*
*
*
*
(b) * * * Written examinations will
be given on the first Monday in April
and October unless the regularly
scheduled examination date conflicts
with a national holiday, religious
observance, or other foreseeable event
and the agency publishes in the Federal
Register an appropriate notice of a
change in the examination date. * * *
*
*
*
*
*
[FR Doc. 2013–16653 Filed 7–9–13; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
AGENCY:
PO 00000
Coast Guard, DHS.
Frm 00041
Fmt 4700
Sfmt 4700
SUMMARY:
E:\FR\FM\10JYR1.SGM
10JYR1
]]>Agencies
[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Rules and Regulations]
[Pages 41298-41299]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15944]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1500
[Docket No. CPSC-2009-0004]
Children's Products Containing Lead; Procedures and Requirements
for Exclusions From Lead Limits Under Section 101(b) of the Consumer
Product Safety Improvement Act
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is
issuing this rule to amend its existing regulations pertaining to
procedures and requirements for exclusions from lead limits under
section 101(b) of the Consumer Product Safety Improvement Act of 2008
(CPSIA) to reflect statutory changes mandated by Public Law 112-28.
DATES: Effective Date: July 10, 2013.
FOR FURTHER INFORMATION CONTACT: Hyun Sun Kim, Office of the General
Counsel, Consumer Product Safety Commission, 4330 East West Highway,
Bethesda, MD 20814; email: hkim@cpsc.gov; telephone: 301-504-7632.
SUPPLEMENTARY INFORMATION: Under section 101(a) of the CPSIA, consumer
products designed or intended primarily for children 12 years old and
younger that contain lead content in excess of 100 ppm are considered
to be banned hazardous substances under the Federal Hazardous
Substances Act (FHSA). The Commission previously published 16 CFR
1500.90 to provide procedures and requirements for evaluating products
or materials for possible exclusion from the lead limits under section
101(b)(1) of the CPSIA.
On August 12, 2011, Public Law 112-28 replaced section 101(b)(1) of
the CPSIA in its entirety. Section 101(b)(1) of the CPSIA, as amended,
now provides for a functional purpose exception from the lead content
limits under certain circumstances and sets forth the procedures for
granting an exception in the statute. 15 U.S.C. 1278(a)(b). Because the
existing regulations at 16 CFR 1500.90 no longer reflect the current
law, the Commission is amending that section to replace the current
procedures and requirements with the statutory procedures and
requirements set forth under Public Law 112-28. In addition, the
Commission anticipates providing the public with a staff guidance on
the applicable procedures for requesting an exemption, which will be
made available on the CPSC Web site.
Although the Administrative Procedure Act (APA) generally requires
notice and comment rulemaking, section 553 of the APA provides an
exception when the agency, for good cause, finds that notice and public
procedure are ``impracticable, unnecessary, or contrary to the public
interest.'' In this circumstance, the Commission concludes that notice
and comment is not necessary. The statutory provision upon which 16 CFR
1500.90 was based has been revised and there is no action the
Commission could take in response to comments that would change the
underlying statutory provision.
List of Subjects in 16 CFR Part 1500
Consumer protection, Hazardous materials, Hazardous substances,
Imports, Infants and children, Labeling, Law enforcement, and Toys.
For the reasons stated above in the preamble, the Commission amends
title 16 of the Code of Federal Regulations as follows:
PART 1500--HAZARDOUS SUBSTANCES AND ARTICLES: ADMINISTRATION AND
ENFORCEMENT REGULATIONS
0
1. The authority citation for part 1500 continues to read as follows:
Authority: 15 U.S.C. 1261-1278, 122 Stat. 3016, 125 Stat. 273.
0
2. In Sec. 1500.90, revise paragraph (b) and remove paragraphs (c)
through (h) to read as follows:
* * * * *
(b) Exclusion of certain materials or products and inaccessible
component parts. The CPSIA provides the following functional purpose
exception from the lead limits stated in section 101(a) of the CPSIA.
(1) Functional purpose exception--(i) In general. The Commission,
on its own initiative or upon petition by an interested party, shall
grant an exception to the limit under paragraph (a) of this section for
a specific product, class of product, material, or component part if
the Commission, after notice and a hearing, determines that:
(A) The product, class of product, material, or component part
requires the inclusion of lead because it is not practicable or not
technologically feasible to manufacture such product, class of product,
material, or component part, as the case may be, in accordance with
paragraph (a) of this section by removing the excessive lead or by
making the lead inaccessible;
(B) The product, class of product, material, or component part is
not likely to be placed in the mouth or ingested, taking into account
normal and reasonably foreseeable use and abuse of such product, class
of product, material, or component part by a child; and
(C) An exception for the product, class of product, material, or
component part will have no measurable adverse effect on public health
or safety, taking into account normal and reasonably foreseeable use
and abuse.
(ii) Measurement. For purposes of paragraph (b)(1)(i)(C) of this
section, there is no measurable adverse effect on public health or
safety if the exception described in paragraph (b)(1)(i) of this
section will result in no measurable increase in blood lead levels of a
child.
[[Page 41299]]
The Commission may adopt an alternative method of measurement other
than blood lead levels if it determines, after notice and a hearing,
that such alternative method is a better scientific method for
measuring adverse effect on public health and safety.
(iii) Procedures for granting exception--(A) Burden of proof. A
party seeking an exception under paragraph (b)(1)(i) of this section
has the burden of demonstrating that it meets the requirements of such
paragraph.
(B) Grounds for decision. In the case where a party has petitioned
for an exception, in determining whether to grant the exception, the
Commission may base its decision solely on the materials presented by
the party seeking the exception and any materials received through
notice and a hearing.
(C) Admissible evidence. In demonstrating that it meets the
requirements of paragraph (b)(1)(i) of this section, a party seeking an
exception under such paragraph may rely on any nonproprietary
information submitted by any other party seeking such an exception and
such information shall be considered part of the record presented by
the party that relies on that information.
(D) Scope of exception. If an exception is sought for an entire
product, the burden is on the petitioning party to demonstrate that the
criteria in paragraph (b)(1)(i) of this section are met with respect to
every accessible component or accessible material of the product.
(iv) Limitation on exception. If the Commission grants an exception
for a product, class of product, material, or component part under
paragraph (b)(1)(i) of this section, the Commission may, as necessary
to protect public health or safety:
(A) Establish a lead limit that such product, class of product,
material, or component part may not exceed; or
(B) Place a manufacturing expiration date on such exception or
establish a schedule after which the manufacturer of such product,
class of product, material, or component part shall be in full
compliance with the limit established under paragraph (b)(1)(iv)(A) of
this section or the limit set forth under paragraph (a) of this
section.
(v) Application of exception. An exception under paragraph
(b)(1)(i) of this section for a product, class of product, material, or
component part shall apply regardless of the date of manufacture unless
the Commission expressly provides otherwise.
(vi) Previously submitted petitions. A party seeking an exception
under this paragraph may rely on materials previously submitted in
connection with a petition for exclusion under this section. In such
cases, petitioners must notify the Commission of their intent to rely
on materials previously submitted. Such reliance does not affect
petitioners' obligation to demonstrate that they meet all requirements
of this paragraph as required by paragraph (b)(1)(iii)(A) of this
section.
(2) [Reserved]
* * * * *
Dated: June 28, 2013.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2013-15944 Filed 7-9-13; 8:45 am]
BILLING CODE 6355-01-P
