82 FR 8989 - Safety Standard Mandating ASTM F963 for Toys
CONSUMER PRODUCT SAFETY COMMISSION Federal Register Volume 82, Issue 21 (February 2, 2017)
Federal Register Volume 82, Issue 21 (February 2, 2017)
| Page Range | 8989-8993 | |
| FR Document | 2017-02147 |
[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)] [Rules and Regulations] [Pages 8989-8993] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-02147] ======================================================================= ----------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION [Docket No. CPSC-2017-0010] 16 CFR Parts 1112 and 1250 Safety Standard Mandating ASTM F963 for Toys AGENCY: Consumer Product Safety Commission. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: Section 106 of the Consumer Product Safety Improvement Act (CPSIA) made ASTM F963-07[egr]1, Standard Consumer Safety Specification for Toy Safety, a mandatory consumer product safety standard. That section also provides procedures for revisions to the standard. In accordance with these procedures, the Commission (CPSC or Commission) recently allowed the update to ASTM F963, ASTM F963-16, Standard Consumer Safety Specification for Toy Safety (ASTM F963-16), to become the mandatory toy standard. This direct final rule incorporates by reference ASTM F963-16 and updates the existing notice of requirements (NOR) that provide the criteria and process for Commission acceptance of accreditation of third party conformity assessment bodies for testing for ASTM F963 pursuant to section 14(a)(3)(B)(vi) of the Consumer Product Safety Act (CPSA). DATES: The rule is effective on April 30, 2017, unless we receive significant adverse comment by March 6, 2017. If we receive timely significant adverse comments, we will publish notification in the Federal Register, withdrawing this direct final rule before its effective date. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of April 30, 2017. ADDRESSES: You may submit comments, identified by Docket No. CPSC-2017- 0010, by any of the following methods: Submit electronic comments in the following way: Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. To ensure timely processing of comments, the Commission is no longer accepting comments submitted by electronic mail (email), except through www.regulations.gov. Submit written submissions in the following way: Mail/Hand delivery/Courier (for paper, disk, or CD-ROM submissions), preferably in five copies, to: Office of the Secretary, Consumer Product Safety Commission, Room 820, 4330 East-West Highway, Bethesda, MD 20814; telephone (301) 504-7923. Instructions: All submissions received must include the agency name and docket number for this notice. All comments received may be posted without change, including any personal identifiers, contact information, or other personal information provided, to http://www.regulations.gov. Do not submit confidential business information, trade secret information, or other sensitive or protected information electronically. Such information should be submitted in writing. FOR FURTHER INFORMATION CONTACT: For information related to the toy standard, contact: Carolyn T. Manley, Lead Compliance Officer, Office of Compliance and Field Operations, Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814-4408; telephone: 301-504- 7607; email: [email protected]. SUPPLEMENTARY INFORMATION: A. Background Section 106 of the Consumer Product Safety Improvement Act of 2008. Section 106(a) of CPSIA mandated that beginning on February 10, 2009, ASTM F963-07[egr]1, Standard Consumer Safety Specifications for Toy Safety,\1\ shall be considered a mandatory consumer product safety standard issued by the CPSC. Public Law 110-314. Since ASTM F963 was first mandated in 2009, there have been two revisions, ASTM F963-08 and ASTM F963-11. Currently, the provisions of ASTM F963-11 and section 4.27 of ASTM F963-07[egr]1 (toy chests) are considered consumer product safety standards issued by the Commission under section 9 of the CPSA. Under section 106(g) of the CPSIA, if ASTM proposes revisions to ASTM F963, ASTM must notify the Commission. The revised standard shall be considered to be a consumer product safety standard issued by the CPSC under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), effective 180 days after the date on which ASTM notifies the Commission of the revision, unless, within 90 days after receiving that notice, the Commission notifies ASTM that it has determined that the proposed revision does not improve the safety of toys. --------------------------------------------------------------------------- \1\ Except for section 4.2 and Annex 4 or any provision that restates or incorporates an existing mandatory standard or ban promulgated by the Commission or by statute. --------------------------------------------------------------------------- Notification of Revisions. On November 1, 2016, ASTM notified the CPSC of ASTM's approval and publication of revisions to ASTM F963-16 in a revised standard approved on August 1, 2016, ASTM F963-16, Standard Consumer Safety Specification for Toy Safety. On January 25, 2017, the Commission voted to [[Page 8990]] allow the provisions of ASTM F963-16 to become the CPSC mandatory toy standard. As discussed below, the Commission has reviewed the differences between ASTM F963-11 and section 4.27 of ASTM F963-07[egr]1 (for toy chests the current mandatory toys standard) and ASTM F963-16 (the revised toys standard). B. Revisions to the ASTM Standard In general, ASTM F963-16 contains clarifications, corrections, and new requirements that will increase safety, reduce testing burden, or enhance clarity and utility of the standard. A number of changes align ASTM F963 more closely with the European Standard (EN) 71, Safety of Toys Part 1: Mechanical and Physical Properties, and International Organization for Standardization (ISO) 8124, Safety of Toys Part 1: Safety Aspects Related to Mechanical and Physical Properties, performance requirements. In addition, new provisions were added to the standard to address new types of toys or hazards. The revisions appear in every major section of the standard, beginning with Section 1.7, which has been updated to return toy chest requirements to ASTM F963.\2\ Finally, many small editorial changes throughout the revised standard keep the standard's format and numbering consistent. These changes are strictly editorial and do not have an impact on toy safety. --------------------------------------------------------------------------- \2\ Toy chest requirements were last included in the ASTM F963- 07[egr]1. --------------------------------------------------------------------------- Changes were made in the following sections:Scope--Updates section 1.7, which lists all sections of the standard, to reflect the addition of toy chests. Referenced documents--Removes one reference, updates one, and adds 22 new references. Terminology--Adds seventeen new definitions, changes seven definitions, and removes six definitions, generally because they are redundant with new or changed definitions, and thus, are no longer needed. Labeling Requirements--Updates labeling requirements for battery-operated toys and magnetic toys. Instructional Literature--Revises language to clarify instructional literature requirements for battery-operated toys and battery-powered ride-on toys. Batteries--Adds new testing requirements to address toys that contain rechargeable cells and batteries. Adds a new warning label for certain button and coin cell batteries of nominal 1.5 volts or greater to address hazards that have been identified with these cells. Adds four new test methods for toys that contain rechargeable cells and batteries: Battery overcharging test, repetitive overcharging test, single fault charging test and short circuit protection test. Cleanliness (biological)--Changes the test methods for both microbial cleanliness of cosmetics, liquids, pastes, putties, gels, powders, and feathers and the cleanliness of stuffing materials. Cleanliness (stuffing)--Changes the test methods for both microbial cleanliness of cosmetics, liquids, pastes, putties, gels, powders, and feathers and the cleanliness of stuffing materials. Expanding Materials--Adds new definitions, performance requirements, test methodology and a test template to address the emerging hazard of gastrointestinal blockage related to ingestion of expanding materials. Heavy Elements--Allows X-ray Fluorescence Spectrometry Using Multiple Monochromatic Excitation Beams, commonly known as HDXRF, for Total Element Content Screening. Impaction Hazard--Clarifies impaction hazard test fixture requirements for rigid squeeze toys and tethered rigid components. Magnets--Includes a new cyclic soaking test for only wooden toys, toys intended to be used in water, mouth pieces of mouth- actuated toys with magnets or magnetic components. New definitions for ``experimental/science sets.'' Mouth-Actuated Toys--Adds design requirements to prevent the projectile or any liberated toy part from entering the mouth. Projectile Toys--Includes changes to descriptions, definitions, allowed shapes, types of projectile toys, exemptions, assessments and kinetic energy density levels allowed for certain types of projectile toys. Ride-on Toys (stability)--Requires dimensional spacing between wheels on the same axis of ride-on toys. Ride-on Toys (overloading)--Requires a more stringent overload weight test for ride-on and seated toys. Ride-on Toys (restraints)--Exempts straps used for waist restraints on ride-on toys from the free length and loop requirements. Sound-Producing Toys--Redefines ``mouth-actuated toys'' to include a broader range of toys, such as noisemakers and projectile toys; increases peak limits (due to miscalculated values); adds new noise limit; lowers test speed for push-pull toys; and revises the format, sequence and requirements sections for clarification. Toy Chests--Reincorporates toy chest section 4.27 and associated provisions from ASTM F963-07[egr]1 into the current 2016 toy standard, and clarifies a multi-positional lid requirement when testing for maximum lid drop requirements. Annex--Adds Annex A12 to document the rationale for the changes in the 2016 version of ASTM F963. C. Incorporation by Reference Although ASTM F963-16 is mandatory by operation of statute, nothing currently in the Code of Federal Regulations (CFR) indicates that ASTM F963 is a CPSC mandatory standard. This direct final rule adds a new part 1250, Safety Standard Mandating ASTM F963 for Toys, which incorporates by reference ASTM F963-16 into the CFR, along with the rest of CPSC's mandatory rules so that the public may more readily ascertain the mandatory rules that apply. The Office of the Federal Register (OFR) has regulations concerning incorporation by reference. 1 CFR part 51. Under these regulations, agencies must discuss, in the preamble of the final rule, ways that the materials the agency incorporates by reference are reasonably available to interested persons and how interested parties can obtain the materials. In addition, the preamble to the final rule must summarize the material. 1 CFR 51.5(b). In accordance with the OFR's requirements, section B of this preamble summarizes the ASTM F963-16 standard that the Commission incorporates by reference into 16 CFR part 1250. The standard is reasonably available to interested parties, and interested parties may purchase a copy of the standard from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 USA; phone: 610-832-9585; http://www.astm.org/. A copy of the standard can also be inspected at CPSC's Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone 301-504-7923, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federalregulations/ibr_locations.html. D. Certification Section 14(a) of the CPSA imposes the requirement that products subject to a consumer product safety rule under the CPSA, or to a similar rule, ban, standard, or regulation under any other [[Page 8991]] act enforced by the Commission, be certified as complying with all applicable CPSC requirements. 15 U.S.C. 2063(a). Such certification must be based on a test of each product, or on a reasonable testing program or, for children's products, on tests on a sufficient number of samples by a third party conformity assessment body accredited by the Commission to test according to the applicable requirements. As noted in the preceding discussion, standards issued under section 106(f)(1)(B) are ``consumer product safety standards.'' Thus, they are subject to the testing and certification requirements of section 14 of the CPSA. Because toys are children's products, samples of these products must be tested by a third party conformity assessment body whose accreditation has been accepted by the Commission. These products also must comply with all other applicable CPSC requirements, such as the lead content requirements of section 101 of the CPSIA, the phthalates prohibitions of section 106 of the CPSIA, and the tracking label requirement in section 14(a)(5) of the CPSA. E. Notice of Requirements In accordance with section 14(a)(3)(B)(vi) of the CPSIA, the Commission has previously published two NORs for accreditation of third party conformity assessment bodies for testing toys (76 FR 46598 (Aug. 3, 2011), 78 FR 15836 (March 12, 2013)). The last NOR provided the criteria and process for our acceptance of accreditation of third party conformity assessment bodies for testing toys to ASTM F963-11. The NOR for ASTM F963-11 is listed in the Commission's rule, ``Requirements Pertaining to Third Party Conformity Assessment Bodies.'' 16 CFR part 1112. The previous NOR for the toy safety standard included 35 sections from ASTM F963-11 and one section from ASTM F963-07[egr]1 (Section 4.27, Toy Chests) that required third party testing. The revisions to ASTM F963-11 that were adopted into ASTM F963-16 include new requirements, new test methods, and several clarifications to safety provisions and test methods. The Commission will require third party testing for 37 sections of ASTM F963-16, including the same 35 sections that required third party testing for ASTM F963-11, plus two new sections. The new sections are Section 4.40 for Expanding Materials and Section 4.41 for Toy Chests. Section 4.40 for Expanding Materials is a new safety requirement, which addresses a hazard that was not addressed in earlier versions of ASTM F963. Section 4.41 for toy chests reincorporates the toy chest requirements from ASTM F963-07[egr]1 back into ASTM F963. The incorporation of the toy chest requirements back into ASTM F963-16 simplifies the NOR because it now references only one version of the standard, ASTM F963-16. This rule revises section 1112.15(b)(32)(ii) of the NOR for ASTM F963 in part 1112 to add two new subsections, (JJ) for section 4.40 for expanding materials and (KK) for section 4.41 for toy chests to the NOR. Additionally, references to section 4.27 of ASTM F963-07[egr]1 (toy chests) have been deleted from section 1112.15(b)(32)(i) to reflect that the toy chest provisions of ASTM F963-07[egr]1 have been reincorporated into ASTM F963-16. Finally, the reference to ASTM F963-07[egr]1 regarding toys chests in section 1112.15(c)(1)(ii) has been deleted to reflect that provision as reincorporated into ASTM F963-16, and the citation regarding the incorporation by reference of ASTM F963 has been updated to list ASTM F963-16 in section 1112.15(c)(1) (iii). Certain provisions of ASTM F963-16 do not require third party testing as was the case in the previous NORs issued for ASTM F963. The ASTM F963-16 provisions that do not require third party testing are in the following areas: Any provision of ASTM F963 that section 106 of the CPSIA excepted from being a mandatory consumer product safety standards issued by the Commission. The CPSIA also excepted from ASTM F963 any provision that restates or incorporates an existing mandatory standard or ban promulgated by the Commission or by statute. In addition, the CPSIA excepted provisions from ASTM F963 that restates or incorporates a regulation promulgated by the Food and Drug Administration or any statute administered by the Food and Drug Administration. Section 4, Public Law 112-28--Aug 12, 2011. Those sections of ASTM F963-16 that pertain to the manufacturing process and, thus, cannot be evaluated meaningfully by a test of the finished product (e.g., the purified water provision at section 4.3.6.1). Those provisions of ASTM F963-16 with requirements for labeling, instructional literature, or producer's markings. The provision in ASTM F963-16 that sets a limit for a DI (2-ethylhexyl) phthalate in pacifiers, rattles, and teethers. This section is excepted from third party testing because section 108 of the CPSIA sets limits for this and other phthalates that are more stringent than this requirement in ASTM F963-16. Finally, as noted, some of the revised sections of ASTM F963 include changes to test methods. However, the test method revisions do not involve a change in scientific discipline necessary to conduct the test or a significant increase in complexity. Testing laboratories that are accredited and CPSC-accepted to test to specific sections in ASTM F963-11 are considered by CPSC to be competent to conduct testing to those same sections in ASTM F963-16. Therefore, CPSC will accept testing to support product certifications for sections in ASTM F963-16 if the test laboratory is already CPSC-accepted to those same sections in ASTM F963-11. Test laboratories that conduct testing to support product certifications to ASTM F963-16 must show in their test reports ``ASTM F963-16'' and the specific section numbers in the standard to which the product was evaluated. There are two new sections in ASTM F963-16. Because section 4.41 for Toy Chests merely reincorporates the toy chests provision into ASTM F963-16, the CPSC will accept testing if the laboratory is already CPSC-accepted for ASTM F963-07[egr]1, Section 4.27 for Toy Chests. Additionally, although section 4.40 for Expanding Materials is a new requirement not previously found in ASTM F963, the CPSC will accept product testing for certification, if the test laboratory is already CPSC-accepted for ASTM F963-11, sections 4.6 for Small Parts and 4.24 for Squeeze Toys. This is because the new provision in section 4.40 in ASTM F963-16 involves mechanical testing, including dimensional measurements and the use of a test gauge. The testing methods have strong similarities with other mechanical testing in section 4.6 Small Objects and Section 4.24-Squeeze Toys of ASTM F963-11. Therefore, CPSC considers test laboratories that are currently CPSC-accepted for testing to section 4.6 Small Objects and Section 4.24-Squeeze Toys of ASTM F963-11 to be competent to conduct testing to this new requirement. CPSC will accept ASTM F963-16 testing results by test laboratories that are CPSC-accepted to ASTM F963-11 sections for a period not to exceed 2 years. This should allow adequate time for test laboratories to work with their accreditation bodies, make official updates to their accreditation scope to include ASTM F963-16 sections, and submit applications to the CPSC. The CPSC will open the application process for all sections of ASTM F963-16 when this document is published in [[Page 8992]] the Federal Register. Test laboratories that seek CPSC acceptance for one or more ASTM F963-16 sections will be required to update their accreditation scope. To be CPSC-accepted for sections in ASTM F963-16, a test laboratory's scope of accreditation must include the reference to ``ASTM F963-16'' and a specific reference to one or more of the 37 sections listed in the NOR. Test laboratories that are currently CPSC- accepted to ASTM F963-11 are instructed to update their accreditation scope to include ASTM F963-16 sections as soon as possible, and submit their application for CPSC acceptance. Test laboratories that were not previously CPSC-accepted to sections of ASTM F963-11 and that wish to request CPSC acceptance to ASTM F963-16 should work with their accreditation bodies to include ``ASTM F963-16'' sections in their scope of accreditation. On February 4, 2019, the CPSC will no longer accept laboratory applications that reference sections of ``ASTM F963-11.'' At that time, the scope document submitted with applications to CPSC must reference ``ASTM F963-16'' and the specific section numbers listed in the NOR in section 16 CFR 1112.15(b)(32). This approach will avoid disruption to third party testing to the toy safety standard and allow for a practicable transition from ASTM F963-11 to ASTM F963-16 for testing laboratories, the toy industry, and other interested parties. F. Direct Final Rule Process The Commission is issuing this rule as a direct final rule. 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.'' The Commission concludes that notice and comment is unnecessary because ASTM F963 automatically becomes a consumer product safety standard by operation of law. The Commission has voted to allow ASTM F963-16 to become the mandatory CPSC standard. Even without the incorporation by reference, ASTM F963-16 will take effect as the new mandatory CPSC standard pursuant to section 106(g) of the CPSIA. This rule incorporates by reference ASTM F963-16 into the CFR to inform the public what version of the ASTM F963 is mandatory. Because this document merely incorporates by reference a standard that takes effect by operation of statute, public comment could not affect the changes to the standard or the effect of the revised standard as a consumer product safety standard under section 106(g) of the CPSIA. The rule also updates the corresponding provisions of the NOR for ASTM F963 in part 1112 to reflect the revision to the standard. The amendment to part 1112 does not establish substantive requirements, but updates the criteria and process for CPSC's acceptance of accreditation of third party conformity assessment bodies for testing toys under the revised ASTM F963 standard. Therefore, the Commission concludes that public comment is not necessary. The Commission believes that issuing a direct final rule in these circumstances is appropriate. In Recommendation 95-4, the Administrative Conference of the United States (ACUS) endorsed direct final rulemaking as an appropriate procedure to expedite promulgation of rules that are noncontroversial and that are not expected to generate significant adverse comment. See 60 FR 43108 (August 18, 1995). ACUS also recommended using direct final rulemaking when an agency uses the ``unnecessary'' prong of the good cause exemption to notice and comment rulemaking. Consistent with the ACUS recommendation, the Commission is publishing this rule as a direct final rule because we do not believe comment is necessary and do not expect any significant adverse comments to the direct final rule. Unless we receive a significant adverse comment within 30 days, the rule will become effective on April 30, 2017. In accordance with ACUS's recommendation, the Commission considers a significant adverse comment to be one where the commenter explains why the rule would be inappropriate, including an assertion challenging the rule's underlying premise or approach, or a claim that the rule would be ineffective or unacceptable without change. Should the Commission receive significant adverse comment, the Commission would withdraw this direct final rule. Depending on the comments and other circumstances, the Commission may then incorporate the adverse comment into a subsequent direct final rule or publish a notice of proposed rulemaking, providing an opportunity for public comment. G. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) generally requires that agencies review proposed and final rules for their potential economic impact on small entities, including small businesses, and prepare regulatory flexibility analyses. 5 U.S.C. 603 and 604. The RFA applies to any rule that is subject to notice and comment procedures under section 553 of the APA. 5 U.S.C. 603 and 604. As explained above, the Commission has determined that notice and comment is not necessary for this direct final rule. Thus, the RFA does not apply. We also note the limited nature of this document. The incorporation by reference of ASTM F963-16 and the update to the notice of requirements in part 1112 will not result in any substantive changes to the standard. Rather, with this action, the CFR will reflect the mandatory CPSC standard that takes effect under the CPSIA and will update the corresponding NOR provisions in 16 CFR part 1112. H. Paperwork Reduction Act The toy standard contains information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). OMB has approved the collection of information for ASTM F963-11 under OMB Control No. 3041-0159. ASTM F963-16 updates the labeling requirements for battery-operated toys and magnetic toys, as well as revises the language to clarify instructional literature requirements for battery- operated toys and battery-powered ride-on toys. CPSC will update the burden hours in the existing collection of information to reflect the requirements in the 2016 version of the ASTM F963 standard, including those for labeling and instructional literature. I. Environmental Considerations The Commission's regulations provide a categorical exclusion for the Commission's rules from any requirement to prepare an environmental assessment or an environmental impact statement because they ``have little or no potential for affecting the human environment.'' 16 CFR 1021.5(c)(2). This rule falls within the categorical exclusion, so no environmental assessment or environmental impact statement is required. J. Preemption Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that where a ``consumer product safety standard under [the CPSA)]'' is in effect and applies to a product, no state or political subdivision of a state may either establish or continue in effect a requirement dealing with the same risk of injury, unless the state requirement is identical to the federal standard. Section 26(c) of the CPSA also provides that states or political subdivisions of states may apply to the Commission for an [[Page 8993]] exemption from this preemption under certain circumstances. Section 106(f) of the CPSIA states that rules issued under that section ``shall be considered consumer product safety standards issued by the Commission under section of the Consumer Product Safety Act'' thus, implying that the preemptive effect of section 26(a) of the CPSA would apply. Therefore, a rule issued under section 106 of the CPSIA will invoke the preemptive effect of section 26(a) of the CPSA when it becomes effective. K. Effective Date Under the procedure set forth in section 106(g) of the CPSIA, when ASTM revises ASTM F963, the revision becomes the CPSC standard within 180 days of notification to the Commission, unless the Commission determines that the revision does not improve the safety of the product. In accordance with this provision, this rule establishes an effective date that is 180 days after we receive notification from ASTM of revisions to the standard. As discussed in section F of this preamble, this is a direct final rule. Unless we receive a significant adverse comment within 30 days, the rule will become effective on April 30, 2017. Additionally, the effective date for the NOR is April 30, 2017, the same date that the provisions of ASTM F963-16 become effective. List of Subjects 16 CFR Part 1112 Administrative practice and procedure, Audit, Consumer protection, Incorporation by reference, Reporting and recordkeeping requirements, Third party conformity assessment body. 16 CFR Part 1250 Consumer protection, Imports, Incorporation by reference, Infants and children, Law enforcement, Safety, Toys. For the reasons discussed in the preamble, the Commission amends 16 CFR chapter II, as follows: PART 1112--REQUIREMENTS PERTAINING TO THIRD PARTY CONFORMITY ASSESSMENT BODIES 0 1. The authority citation for part 1112 is revised to read as follows: Authority: 15 U.S.C. 2063; Pub. L. 110-314, section 3, 122 Stat. 3016, 3017 (2008). 0 2. Amend Sec. 1112.15 by: 0 a. Revising the introductory text to paragraph (b)(32); 0 b. Removing and reserving paragraph (b)(32)(i); 0 c. Revising the introductory text to paragraph (b)(32)(ii); 0 d. Adding paragraphs (b)(32)(ii)(JJ) and (KK); 0 e. Revising paragraph (c)(1)(ii) and removing paragraph (c)(1)(iii). The revisions and additions read as follows: Sec. 1112.15 When can a third party conformity assessment body apply for CPSC acceptance for a particular CPSC rule or test method? * * * * * (b) * * * (32) 16 CFR part 1250, safety standard for toys. The CPSC only requires certain provisions of ASTM F963-16 to be subject to third party testing; and therefore, the CPSC only accepts the accreditation of third party conformity assessment bodies for testing under the following toy safety standards: (i) [Reserved] (ii) ASTM F963-16: * * * * * (JJ) Section 4.40, Expanding Materials (KK) Section 4.41, Toy Chests (except labeling and/or instructional literature requirements) * * * * * (c) * * * (1) * * * (ii) ASTM F963-16, ``Standard Consumer Safety Specification for Toy Safety,'' August 1, 2016. * * * * * 0 3. Add part 1250 to read as follows: PART 1250--SAFETY STANDARD MANDATING ASTM F963 FOR TOYS Sec. 1250.1 Scope. 1250.2 Requirements for toy safety. Authority: Pub. L. 110-314, sec. 106, 122 Stat. 3016 (August 14, 2008); Pub. L. 112-28, 125 Stat. 273 (August 12, 2011). Sec. 1250.1 Scope. This part establishes a consumer product safety standard for toys that mandates provisions of ASTM F963. Sec. 1250.2 Requirements for toy safety. (a) Except as provided for in paragraph (b) of this section, toys must comply with the provisions of ASTM F963-16, Standard Consumer Safety Specification for Toy Safety, approved August 1, 2016. The Director of the Federal Register approves the incorporation by reference listed in this section in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of this ASTM standard from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 USA; phone: 610-832-9585; http://www.astm.org/. You may inspect a copy at the Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East-West Highway, Bethesda, MD 20814, telephone 301-504-7923, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federalregulations/ibr_locations.html. (b) Pursuant to section 106(a) of the Consumer Product Safety Improvement Act of 2008 section 4.2 and Annex 5 or any provision of ASTM F963 that restates or incorporates an existing mandatory standard or ban promulgated by the Commission or by statute or any provision that restates or incorporates a regulation promulgated by the Food and Drug Administration or any statute administered by the Food and Drug Administration are not part of the mandatory standard incorporated in paragraph (a) of this section. Dated: January 27, 2017. Todd A. Stevenson, Secretary, U.S. Consumer Product Safety Commission. [FR Doc. 2017-02147 Filed 2-1-17; 8:45 am] BILLING CODE 6355-01-P
![Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Rules and Regulations 8989
If the level of activity in the And the report was filed late, the civil money penalty is: Or the report was not filed, the civil money penalty is:
report was:
$550,000–649,999.99 .......... [$6252 + ($277 × Number of days late)] × [1 + (.25 × $16,671 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$650,000–749,999.99 .......... [$7293 + ($277 × Number of days late)] × [1 + (.25 × $18,061 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$750,000–849,999.99 .......... [$8335 + ($277 × Number of days late)] × [1 + (.25 × $19,449 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$850,000–949,999.99 .......... [$9378 + ($277 × Number of days late)] × [1 + (.25 × $20,838 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$950,000 or over .................. [$10,420 + ($277 × Number of days late)] × [1 + (.25 × $22,228 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
1 The civil money penalty for a respondent who does not have any previous violations will not exceed the level of activity in the report.
(c) If the respondent fails to file a bodies for testing for ASTM F963 Compliance and Field Operations,
required report and the Commission pursuant to section 14(a)(3)(B)(vi) of the Consumer Product Safety Commission,
cannot calculate the level of activity Consumer Product Safety Act (CPSA). 4330 East-West Highway, Bethesda, MD
under paragraph (d) of this section, then DATES: The rule is effective on April 30, 20814–4408; telephone: 301–504–7607;
the civil money penalty shall be $7,641. 2017, unless we receive significant email: cmanley@cpsc.gov.
* * * * * adverse comment by March 6, 2017. If SUPPLEMENTARY INFORMATION:
we receive timely significant adverse A. Background
§ 111.44 [Amended] comments, we will publish notification
■ 4. Amend paragraph (a)(1) of § 111.44 in the Federal Register, withdrawing Section 106 of the Consumer Product
by removing ‘‘$137’’ and adding, in its this direct final rule before its effective Safety Improvement Act of 2008.
place, ‘‘$139’’. date. The incorporation by reference of Section 106(a) of CPSIA mandated that
the publication listed in this rule is beginning on February 10, 2009, ASTM
On behalf of the Commission.
approved by the Director of the Federal F963–07e1, Standard Consumer Safety
Dated: January 5, 2017.
Register as of April 30, 2017. Specifications for Toy Safety,1 shall be
Matthew S. Petersen, considered a mandatory consumer
Commissioner, Federal Election Commission. ADDRESSES: You may submit comments,
identified by Docket No. CPSC–2017– product safety standard issued by the
[FR Doc. 2017–01431 Filed 2–1–17; 8:45 am] CPSC. Public Law 110–314. Since
0010, by any of the following methods:
BILLING CODE 6715–01–P
Submit electronic comments in the ASTM F963 was first mandated in 2009,
following way: there have been two revisions, ASTM
Federal eRulemaking Portal: http:// F963–08 and ASTM F963–11. Currently,
CONSUMER PRODUCT SAFETY www.regulations.gov. Follow the the provisions of ASTM F963–11 and
COMMISSION instructions for submitting comments. section 4.27 of ASTM F963–07e1 (toy
[Docket No. CPSC–2017–0010] To ensure timely processing of chests) are considered consumer
comments, the Commission is no longer product safety standards issued by the
16 CFR Parts 1112 and 1250 accepting comments submitted by Commission under section 9 of the
electronic mail (email), except through CPSA. Under section 106(g) of the
Safety Standard Mandating ASTM F963 www.regulations.gov. CPSIA, if ASTM proposes revisions to
for Toys Submit written submissions in the ASTM F963, ASTM must notify the
following way: Commission. The revised standard shall
AGENCY: Consumer Product Safety
Mail/Hand delivery/Courier (for be considered to be a consumer product
Commission.
paper, disk, or CD–ROM submissions), safety standard issued by the CPSC
ACTION: Direct final rule. under section 9 of the Consumer
preferably in five copies, to: Office of the
SUMMARY: Section 106 of the Consumer Secretary, Consumer Product Safety Product Safety Act (15 U.S.C. 2058),
Product Safety Improvement Act Commission, Room 820, 4330 East-West effective 180 days after the date on
(CPSIA) made ASTM F963–07e1, Highway, Bethesda, MD 20814; which ASTM notifies the Commission
Standard Consumer Safety telephone (301) 504–7923. of the revision, unless, within 90 days
Specification for Toy Safety, a Instructions: All submissions received after receiving that notice, the
mandatory consumer product safety must include the agency name and Commission notifies ASTM that it has
standard. That section also provides docket number for this notice. All determined that the proposed revision
procedures for revisions to the standard. comments received may be posted does not improve the safety of toys.
In accordance with these procedures, without change, including any personal Notification of Revisions. On
the Commission (CPSC or Commission) identifiers, contact information, or other November 1, 2016, ASTM notified the
recently allowed the update to ASTM personal information provided, to CPSC of ASTM’s approval and
F963, ASTM F963–16, Standard http://www.regulations.gov. Do not publication of revisions to ASTM F963–
Consumer Safety Specification for Toy submit confidential business 16 in a revised standard approved on
Safety (ASTM F963–16), to become the information, trade secret information, or August 1, 2016, ASTM F963–16,
mstockstill on DSK3G9T082PROD with RULES
mandatory toy standard. This direct other sensitive or protected information Standard Consumer Safety
final rule incorporates by reference electronically. Such information should Specification for Toy Safety. On January
ASTM F963–16 and updates the be submitted in writing. 25, 2017, the Commission voted to
existing notice of requirements (NOR) FOR FURTHER INFORMATION CONTACT: For
1 Except for section 4.2 and Annex 4 or any
that provide the criteria and process for information related to the toy standard, provision that restates or incorporates an existing
Commission acceptance of accreditation contact: Carolyn T. Manley, Lead mandatory standard or ban promulgated by the
of third party conformity assessment Compliance Officer, Office of Commission or by statute.
VerDate Sep<11>2014 19:35 Feb 01, 2017 Jkt 241001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\02FER1.SGM 02FER1](https://thefederalregister.org/doc/82_FR_9010/page/1.svg)
![8992 Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Rules and Regulations
the Federal Register. Test laboratories of the revised standard as a consumer any rule that is subject to notice and
that seek CPSC acceptance for one or product safety standard under section comment procedures under section 553
more ASTM F963–16 sections will be 106(g) of the CPSIA. The rule also of the APA. 5 U.S.C. 603 and 604. As
required to update their accreditation updates the corresponding provisions of explained above, the Commission has
scope. To be CPSC-accepted for sections the NOR for ASTM F963 in part 1112 determined that notice and comment is
in ASTM F963–16, a test laboratory’s to reflect the revision to the standard. not necessary for this direct final rule.
scope of accreditation must include the The amendment to part 1112 does not Thus, the RFA does not apply. We also
reference to ‘‘ASTM F963–16’’ and a establish substantive requirements, but note the limited nature of this
specific reference to one or more of the updates the criteria and process for document. The incorporation by
37 sections listed in the NOR. Test CPSC’s acceptance of accreditation of reference of ASTM F963–16 and the
laboratories that are currently CPSC- third party conformity assessment update to the notice of requirements in
accepted to ASTM F963–11 are bodies for testing toys under the revised part 1112 will not result in any
instructed to update their accreditation ASTM F963 standard. Therefore, the substantive changes to the standard.
scope to include ASTM F963–16 Commission concludes that public Rather, with this action, the CFR will
sections as soon as possible, and submit comment is not necessary. reflect the mandatory CPSC standard
their application for CPSC acceptance. The Commission believes that issuing that takes effect under the CPSIA and
Test laboratories that were not a direct final rule in these circumstances will update the corresponding NOR
previously CPSC-accepted to sections of is appropriate. In Recommendation 95– provisions in 16 CFR part 1112.
ASTM F963–11 and that wish to request 4, the Administrative Conference of the
CPSC acceptance to ASTM F963–16 United States (ACUS) endorsed direct H. Paperwork Reduction Act
should work with their accreditation final rulemaking as an appropriate The toy standard contains information
bodies to include ‘‘ASTM F963–16’’ procedure to expedite promulgation of collection requirements under the
sections in their scope of accreditation. rules that are noncontroversial and that Paperwork Reduction Act of 1995 (44
On February 4, 2019, the CPSC will are not expected to generate significant U.S.C. 3501–3520). OMB has approved
no longer accept laboratory applications adverse comment. See 60 FR 43108 the collection of information for ASTM
that reference sections of ‘‘ASTM F963– (August 18, 1995). ACUS also F963–11 under OMB Control No. 3041–
11.’’ At that time, the scope document recommended using direct final 0159. ASTM F963–16 updates the
submitted with applications to CPSC rulemaking when an agency uses the labeling requirements for battery-
must reference ‘‘ASTM F963–16’’ and ‘‘unnecessary’’ prong of the good cause operated toys and magnetic toys, as well
the specific section numbers listed in exemption to notice and comment as revises the language to clarify
the NOR in section 16 CFR rulemaking. Consistent with the ACUS instructional literature requirements for
1112.15(b)(32). This approach will recommendation, the Commission is battery-operated toys and battery-
avoid disruption to third party testing to publishing this rule as a direct final rule
powered ride-on toys. CPSC will update
the toy safety standard and allow for a because we do not believe comment is
the burden hours in the existing
practicable transition from ASTM F963– necessary and do not expect any
collection of information to reflect the
11 to ASTM F963–16 for testing significant adverse comments to the
requirements in the 2016 version of the
laboratories, the toy industry, and other direct final rule.
Unless we receive a significant ASTM F963 standard, including those
interested parties.
adverse comment within 30 days, the for labeling and instructional literature.
F. Direct Final Rule Process rule will become effective on April 30, I. Environmental Considerations
The Commission is issuing this rule 2017. In accordance with ACUS’s
as a direct final rule. Although the recommendation, the Commission The Commission’s regulations
Administrative Procedure Act (APA) considers a significant adverse comment provide a categorical exclusion for the
generally requires notice and comment to be one where the commenter explains Commission’s rules from any
rulemaking, section 553 of the APA why the rule would be inappropriate, requirement to prepare an
provides an exception when the agency, including an assertion challenging the environmental assessment or an
for good cause, finds that notice and rule’s underlying premise or approach, environmental impact statement
public procedure are ‘‘impracticable, or a claim that the rule would be because they ‘‘have little or no potential
unnecessary, or contrary to the public ineffective or unacceptable without for affecting the human environment.’’
interest.’’ The Commission concludes change. 16 CFR 1021.5(c)(2). This rule falls
that notice and comment is unnecessary Should the Commission receive within the categorical exclusion, so no
because ASTM F963 automatically significant adverse comment, the environmental assessment or
becomes a consumer product safety Commission would withdraw this direct environmental impact statement is
standard by operation of law. The final rule. Depending on the comments required.
Commission has voted to allow ASTM and other circumstances, the J. Preemption
F963–16 to become the mandatory CPSC Commission may then incorporate the
standard. Even without the adverse comment into a subsequent Section 26(a) of the CPSA, 15 U.S.C.
incorporation by reference, ASTM direct final rule or publish a notice of 2075(a), provides that where a
F963–16 will take effect as the new proposed rulemaking, providing an ‘‘consumer product safety standard
mandatory CPSC standard pursuant to opportunity for public comment. under [the CPSA)]’’ is in effect and
section 106(g) of the CPSIA. This rule applies to a product, no state or political
incorporates by reference ASTM F963– G. Regulatory Flexibility Act subdivision of a state may either
mstockstill on DSK3G9T082PROD with RULES
16 into the CFR to inform the public The Regulatory Flexibility Act (RFA) establish or continue in effect a
what version of the ASTM F963 is generally requires that agencies review requirement dealing with the same risk
mandatory. Because this document proposed and final rules for their of injury, unless the state requirement is
merely incorporates by reference a potential economic impact on small identical to the federal standard. Section
standard that takes effect by operation of entities, including small businesses, and 26(c) of the CPSA also provides that
statute, public comment could not affect prepare regulatory flexibility analyses. 5 states or political subdivisions of states
the changes to the standard or the effect U.S.C. 603 and 604. The RFA applies to may apply to the Commission for an
VerDate Sep<11>2014 19:35 Feb 01, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\02FER1.SGM 02FER1](https://thefederalregister.org/doc/82_FR_9010/page/4.svg)
![Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Rules and Regulations 8993
exemption from this preemption under ■ d. Adding paragraphs (b)(32)(ii)(JJ) at the Office of the Secretary, U.S.
certain circumstances. and (KK); Consumer Product Safety Commission,
Section 106(f) of the CPSIA states that ■ e. Revising paragraph (c)(1)(ii) and Room 820, 4330 East-West Highway,
rules issued under that section ‘‘shall be removing paragraph (c)(1)(iii). Bethesda, MD 20814, telephone 301–
considered consumer product safety The revisions and additions read as 504–7923, or at the National Archives
standards issued by the Commission follows: and Records Administration (NARA).
under section of the Consumer Product For information on the availability of
Safety Act’’ thus, implying that the § 1112.15 When can a third party this material at NARA, call 202–741–
preemptive effect of section 26(a) of the conformity assessment body apply for
CPSC acceptance for a particular CPSC rule
6030, or go to: http://www.archives.gov/
CPSA would apply. Therefore, a rule federal_register/code_of_
or test method?
issued under section 106 of the CPSIA federalregulations/ibr_locations.html.
will invoke the preemptive effect of * * * * *
(b) Pursuant to section 106(a) of the
section 26(a) of the CPSA when it (b) * * *
Consumer Product Safety Improvement
becomes effective. (32) 16 CFR part 1250, safety standard
Act of 2008 section 4.2 and Annex 5 or
for toys. The CPSC only requires certain
K. Effective Date any provision of ASTM F963 that
provisions of ASTM F963–16 to be
restates or incorporates an existing
Under the procedure set forth in subject to third party testing; and
mandatory standard or ban promulgated
section 106(g) of the CPSIA, when therefore, the CPSC only accepts the
by the Commission or by statute or any
ASTM revises ASTM F963, the revision accreditation of third party conformity
provision that restates or incorporates a
becomes the CPSC standard within 180 assessment bodies for testing under the
regulation promulgated by the Food and
days of notification to the Commission, following toy safety standards:
Drug Administration or any statute
unless the Commission determines that (i) [Reserved]
administered by the Food and Drug
the revision does not improve the safety (ii) ASTM F963–16:
Administration are not part of the
of the product. In accordance with this * * * * * mandatory standard incorporated in
provision, this rule establishes an (JJ) Section 4.40, Expanding Materials paragraph (a) of this section.
effective date that is 180 days after we (KK) Section 4.41, Toy Chests (except
receive notification from ASTM of labeling and/or instructional literature Dated: January 27, 2017.
revisions to the standard. As discussed requirements) Todd A. Stevenson,
in section F of this preamble, this is a * * * * * Secretary, U.S. Consumer Product Safety
direct final rule. Unless we receive a (c) * * *
Commission.
significant adverse comment within 30 (1) * * * [FR Doc. 2017–02147 Filed 2–1–17; 8:45 am]
days, the rule will become effective on (ii) ASTM F963–16, ‘‘Standard BILLING CODE 6355–01–P
April 30, 2017. Additionally, the
Consumer Safety Specification for Toy
effective date for the NOR is April 30,
Safety,’’ August 1, 2016.
2017, the same date that the provisions DEPARTMENT OF ENERGY
of ASTM F963–16 become effective. * * * * *
■ 3. Add part 1250 to read as follows: Federal Energy Regulatory
List of Subjects
Commission
16 CFR Part 1112 PART 1250—SAFETY STANDARD
MANDATING ASTM F963 FOR TOYS
Administrative practice and 18 CFR Part 39
procedure, Audit, Consumer protection, Sec.
[Docket No. RM15–25–000]
Incorporation by reference, Reporting 1250.1 Scope.
and recordkeeping requirements, Third 1250.2 Requirements for toy safety.
Availability of Certain North American
party conformity assessment body. Authority: Pub. L. 110–314, sec. 106, 122 Electric Reliability Corporation
Stat. 3016 (August 14, 2008); Pub. L. 112–28, Databases to the Commission
16 CFR Part 1250
125 Stat. 273 (August 12, 2011).
Consumer protection, Imports, January 18, 2017.
Incorporation by reference, Infants and § 1250.1 Scope.
AGENCY: Federal Energy Regulatory
children, Law enforcement, Safety, This part establishes a consumer
Commission, DOE.
Toys. product safety standard for toys that
mandates provisions of ASTM F963. ACTION: Notice of compliance date.
For the reasons discussed in the
preamble, the Commission amends 16 SUMMARY: This document provides
§ 1250.2 Requirements for toy safety.
CFR chapter II, as follows: notice of the compliance date for the
(a) Except as provided for in
paragraph (b) of this section, toys must amended regulations adopted in the
PART 1112—REQUIREMENTS
comply with the provisions of ASTM final rule issued by the Federal Energy
PERTAINING TO THIRD PARTY
F963–16, Standard Consumer Safety Regulatory Commission (Commission)
CONFORMITY ASSESSMENT BODIES
Specification for Toy Safety, approved in Docket No. RM15–25–000, requiring
■ 1. The authority citation for part 1112 August 1, 2016. The Director of the the North American Electric Reliability
is revised to read as follows: Federal Register approves the Corporation (NERC) to provide the
incorporation by reference listed in this Commission with access to certain
Authority: 15 U.S.C. 2063; Pub. L. 110–
314, section 3, 122 Stat. 3016, 3017 (2008). section in accordance with 5 U.S.C. databases compiled and maintained by
NERC.
mstockstill on DSK3G9T082PROD with RULES
■ 2. Amend § 1112.15 by: 552(a) and 1 CFR part 51. You may
obtain a copy of this ASTM standard DATES: The date for compliance with the
■ a. Revising the introductory text to
paragraph (b)(32); from ASTM International, 100 Barr amended regulations adopted in Docket
■ b. Removing and reserving paragraph Harbor Drive, P.O. Box C700, West No. RM15–25–000 is February 21, 2017.
(b)(32)(i); Conshohocken, PA 19428–2959 USA; FOR FURTHER INFORMATION CONTACT:
■ c. Revising the introductory text to phone: 610–832–9585; http:// Raymond Orocco-John (Technical
paragraph (b)(32)(ii); www.astm.org/. You may inspect a copy Information), Office of Electric
VerDate Sep<11>2014 19:35 Feb 01, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\02FER1.SGM 02FER1](https://thefederalregister.org/doc/82_FR_9010/page/5.svg)
Document Created: 2017-02-02 00:55:16
Document Modified: 2017-02-02 00:55:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | The rule is effective on April 30, 2017, unless we receive significant adverse comment by March 6, 2017. If we receive timely significant adverse comments, we will publish notification in the Federal Register, withdrawing this direct final rule before its effective date. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of April 30, 2017. | |
| Contact | For information related to the toy standard, contact: Carolyn T. Manley, Lead Compliance Officer, Office of Compliance and Field Operations, Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814-4408; telephone: 301-504- 7607; email: [email protected] | |
| FR Citation | 82 FR 8989 | |
| CFR Citation | 16
CFR
1112 16 CFR 1250 | |
| CFR Associated | Administrative Practice and Procedure; Audit; Consumer Protection; Incorporation by Reference; Reporting and Recordkeeping Requirements; Third Party Conformity Assessment Body; Imports; Infants and Children; Law Enforcement; Safety and Toys |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR