[Federal Register: February 20, 2001 (Volume 66, Number 34)]
[Proposed Rules]               
[Page 10863-10865]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20fe01-27]                         

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1500

 
Candle Wicks Containing Lead and Candles with Such Wicks; Advance 
Notice of Proposed Rulemaking; Request for Comments and Information

AGENCY: Consumer Product Safety Commission.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: In March of 2000, the Consumer Product Safety Commission 
(CPSC) collectively docketed under Petition No. HP 00-3 petitions 
submitted by several petitioners requesting that the Commission ban 
candle wicks containing lead and candles with such wicks. A candle wick 
containing lead is one with a metallic core that contains lead. Based 
on information in those petitions and subsequent investigations by CPSC 
staff, the Commission has reason to believe that certain candles with 
wicks containing lead may emit toxic levels of lead as a result of 
normal use, and thus may contribute to substantial illness.
    This advance notice of proposed rulemaking (ANPR) initiates a 
rulemaking proceeding that could result in a rule banning certain 
candle wicks containing lead and candles with such wicks.\1\ This 
proceeding is commenced under the Federal Hazardous Substances Act.
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    \1\ Chairman Brown and Commissioner Moore voted to grant the 
petition and send the ANPR directly to the Office of the Federal 
Register for publication. Commissioner Gall voted to grant the 
petition and to submit the ANPR to the Office of Management and 
Budget prior to sending it to the Office of the Federal Register for 
publication. Separate statements of Chairman Brown, Commissioner 
Moore and Commissioner Gall concerning their votes are available 
from the CPSC Office of the Secretary.
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    The Commission solicits written comments concerning the risks of 
illness associated with burning candles with wicks containing lead, the 
regulatory alternatives 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 illness described 
in this notice.

DATE: Written comments and submissions in response to this notice must 
be received by April 23, 2001.

ADDRESSES: Comments should be mailed, preferably in five copies, to the 
Office of the Secretary, Consumer Product Safety Commission, 
Washington, DC 20207-0001, or delivered to the Office of the Secretary, 
Consumer Product Safety Commission, Room 502, 4330 East-West Highway, 
Bethesda, Maryland 20814; telephone (301) 504-0800. Comments also may 
be filed by telefacsimile to (301) 504-0127 or by e-mail to cpsc-
os@cpsc.gov. Comments should be captioned ``ANPR for Candle Wicks 
Containing Lead.''

FOR FURTHER INFORMATION CONTACT: Ms. Kristina Hatlelid, Ph.D., M.P.H., 
Directorate for Health Sciences, Consumer Product Safety Commission, 
Washington, DC 20207; telephone (301) 504-0494, ext. 1389.

SUPPLEMENTARY INFORMATION:

A. Background/Product

    On March 17, 2000, the CPSC collectively docketed as a petition 
under the Federal Hazardous Substances Act (FHSA) petitions received 
from Public Citizen and jointly from the National Apartment Association 
and the National Multi Housing Council, all of which requested that the 
Commission ban lead-containing candles and wicks sold for candle-making 
that contain lead (Petition No. HP 00-3). 65 FR 19742 (April 12, 2000).
    A candlewick containing lead is a wick with a metallic core that 
contains lead. The metallic core may be primarily lead or may be 
primarily zinc or tin with a lesser lead content. Such metallic cores 
are used to provide structural rigidity to the wick to keep it straight 
during candle production and to provide an upright wick during burning.
    Information obtained from the petitions and subsequent Commission 
staff investigations indicates that burning candles containing 
metallic-cored wicks with a lead content exceeding 0.06% by weight may 
result in potentially toxic levels of air emissions of lead.

B. The Risk of Illness

    The scientific community recognizes a level of 10 micrograms of 
lead per deciliter of blood (10 g/dL) as a

[[Page 10864]]

threshold level of concern with respect to lead poisoning in children. 
The most current national survey shows that nearly 1 million children 
have elevated blood lead levels (greater than (10 g/dL). This 
figure represents approximately 4.4% of children under 6 years of age.
    The adverse health effects of lead poisoning in children are well-
documented and may have long-lasting or permanent consequences. These 
effects include neurological damage, delayed mental and physical 
development, attention and learning deficiencies, and hearing problems. 
Because lead accumulates in the body, even exposure to small amounts 
can contribute to the subsequent risk of adverse health effects.
    Investigations by the CPSC laboratory staff and other laboratories 
indicate that lead-cored candles can emit up to 2,200 g of 
lead per hour during candle burning. These investigations also indicate 
that the rate at which lead might be emitted from burning a particular 
candle cannot reliably be predicted based on the lead content of the 
wick in question. CPSC staff believes that, under some use conditions, 
these lead emissions present a risk to consumers through inhalation of 
airborne lead and through contact with lead deposited onto surfaces in 
the room.

C. Relevant Statutory Provisions

    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. 15 U.S.C. 1261(f)(1)(A).
    Under section 2(q)(1)(B) of the FHSA, 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 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,'' then such substance is a ``banned hazardous 
substance.'' 15 U.S.C. 1261(q)(1)(B).
    Section 3(b) of the FHSA provides authority for the Commission to 
establish additional labeling requirements for hazardous substances 
beyond those prescribed by section 2(p)(1) of the Act if necessary for 
protection of the public health and safety. 15 U.S.C. 1262(b). Once 
such additional requirements are established by regulation, a product 
intended, or packaged in a form suitable, for use in the household or 
by children that is not so labeled is a ``misbranded'' hazardous 
substance. Id.
    Section 3(a) of the FHSA governs a Commission proceeding to declare 
a substance a ``hazardous substance.'' 15 U.S.C 1262(a). Sections 3(f) 
through 3(i), 15 U.S.C. 1262(f)-(i), govern a proceeding to promulgate 
a regulation declaring a hazardous substance to be a banned hazardous 
substance.
    As provided in sections 3(a)(2) and 3(f), this proceeding is 
commenced by issuance of this ANPR. 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. 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 candle wicks containing lead and 
candles with such wicks.
    1. Mandatory rule. The Commission could issue a rule declaring 
certain candle wicks containing lead and candles with such wicks to be 
banned hazardous substances. This rule could define the banned products 
in terms of physical or performance characteristics, or both.
    2. Labeling rule. The Commission could issue a special labeling 
rule for candle wicks containing lead and candles with such wicks 
requiring that they contain specified warnings and instructions.
    3. 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.

E. Existing Standards

    In 1974, the Candle Manufacturers Association trade group made a 
voluntary commitment to eliminate lead from candle wicks. However, 
analyses by CPSC and by Public Citizen of the lead content of recently-
purchased metallic wick candles show that wicks in some candles 
currently on the market continue to contain substantial amounts of 
lead.
    In September 1999 the Australian Minister for Financial Services 
and Regulation banned the sale of candles with lead wicks in that 
country. In June 2000 the New Zealand Minister of Consumer Affairs 
banned the importation or sale of lead wick candles in that country. 
According to Commission staff, neither of these bans are based on a 
standard for maximum allowable lead level. The Commission is not aware 
of any other promulgated state, voluntary, foreign, international, or 
other standard dealing with the described risk of illness.

F. Economic Considerations

1. Candle sales

    Retail sales of candles in the U.S. for 1999 are estimated to be 
$2.3 billion, and are expected to rise to $3.2 billion in 2001. U.S. 
imports of candles in 1999 amounted to about $484 million, about half 
from the Far East, about one third from the Americas (mostly Canada and 
Mexico), and less than 10 percent from Europe and Great Britain.

2. Suppliers

    Based on information gathered by CPSC staff, there are at least 200 
and possibly over 350 commercial, institutional, and religious 
manufacturers of candles in the U.S. Most of these manufacturers are 
apparently small businesses.
    There are only a few manufacturers of candle wicks in the U.S. The 
leading domestic firm indicates to CPSC staff that it supplies the 
majority of candle wicks to the U.S. candle industry.

3. Substitutes

    CPSC staff believes that substitutes for lead wicks are readily 
available. Staff also believes that substituting non-lead materials for 
lead in wicks will not increase costs to candle manufacturers or 
consumers. Comments on both of these issues 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 for candle wicks containing lead and candles with such 
wicks to address the described risk of illness. 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. The types and numbers of candle wicks containing lead and 
candles with

[[Page 10865]]

such wicks produced for sale in the U.S. each year from 1990 to the 
present;
    2. The names and addresses of manufacturers and distributors of 
candle wicks containing lead and candles with such wicks;
    3. Comparisons of the utility obtained from candle wicks containing 
lead and candles with such wicks versus any available substitute 
products;
    4. An explanation of substitutes for candle wicks containing lead 
and candles with such wicks that could reduce the described risk of 
illness;
    5. Physical or performance characteristics of the wick and candle 
products that could or should not be used to define which products 
might be subject to a rule;
    6. The costs to wick and candle manufacturers involved in either 
substituting materials for lead in metallic-cored wicks to remove the 
risk or removing candles with such wicks from the market;
    7. The costs to wick manufacturers/importers/distributors of 
testing or other efforts to ensure that wicks are in compliance.
    8. Other information on the potential costs and benefits of 
potential rules;
    9. Information on any potentially significant environmental impacts 
of any of the regulatory alternatives identified in this ANPR, 
including a ban on candles and candle wicks containing more that 0.06% 
lead by weight;
    10. Steps that have been taken by industry or others to reduce the 
risk of illness from the products;
    11. The likelihood and nature of any significant economic impact of 
a rule on small entities;
    12. The costs and benefits of mandating a banning, labeling, or 
instructions requirement.
    Also, in accordance with section 3(f) of the FHSA, the Commission 
solicits:
    1. Written comments with respect to the risk of illness 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 illness discussed in this notice, along 
with a description of a plan (including a schedule) to do so.
    Comments should be mailed, preferably in five copies, to the Office 
of the Secretary, Consumer Product Safety Commission, Washington, DC 
20207-0001, or delivered to the Office of the Secretary, Consumer 
Product Safety Commission, Room 502, 4330 East-West Highway, Bethesda, 
Maryland 20814; telephone (301) 504-0800. Comments also may be filed by 
telefacsimile to (301) 504-0127 or by e-mail to cpsc-os@cpsc.gov. 
Comments should be captioned ``ANPR for Candle Wicks Containing Lead.'' 
All comments and submissions should be received no later than April 23, 
2001.

    Dated: February 13, 2001.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 01-4030 Filed 2-16-01; 8:45 am]
BILLING CODE 6355-01-P