Revocation of Certain Requirements Pertaining to Caps Intended for Use With Toy Guns and Toy Guns Not Intended for Use With Caps, 66840-66841 [2013-26618]

Download as PDF 66840 Federal Register / Vol. 78, No. 216 / Thursday, November 7, 2013 / Rules and Regulations (i) The labels on packages of meat food and poultry products irradiated in their entirety, in conformance with this section and with 21 CFR 179.26(a) and (b), must bear the logo shown at the end of this paragraph. Unless the word ‘‘Irradiated’’ is part of the product name, labels also must bear a statement such as ‘‘Treated with radiation’’ or ‘‘Treated by irradiation.’’ The logo must be placed in conjunction with the required statement, if the statement is used. The statement is not required to be more prominent than the declaration of ingredients required under § 317.2(c)(2) of this chapter. * * * * * Done in Washington, DC on: November 1, 2013. Alfred V. Almanza, Administrator. [FR Doc. 2013–26639 Filed 11–6–13; 8:45 am] BILLING CODE 3410–DM–P CONSUMER PRODUCT SAFETY COMMISSION [Docket No. CPSC–2012–0035] 16 CFR Part 1500 Revocation of Certain Requirements Pertaining to Caps Intended for Use With Toy Guns and Toy Guns Not Intended for Use With Caps Consumer Product Safety Commission. ACTION: Final rule. AGENCY: Section 106 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) deemed the provisions of ASTM International Standard F963, ‘‘Standard Consumer Safety Specifications for Toy Safety’’ (ASTM F963), to be consumer product safety standards issued by the U.S. Consumer Product Safety Commission (CPSC, Commission, or we). Among other things, ASTM F963 contains provisions regarding sound-producing toys. Existing CPSC regulations pertaining to caps intended for use with toy guns refer to obsolete equipment, but the ASTM F963 provisions for soundproducing toys allow the use of a broader array of more precise and more readily available test equipment for sound measurement. In addition, the ASTM standard requires fewer measurements and permits use of more automated equipment that would increase the efficiency of testing. Because the existing regulations are obsolete and have been superseded by the requirements of ASTM F963, the final rule revokes the existing pmangrum on DSK3VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:20 Nov 06, 2013 Jkt 232001 regulations pertaining to caps intended for use with toy guns and toy guns not intended for use with caps. The final rule is unchanged from the rule as proposed in the notice of proposed rulemaking (NPR). DATES: The rule is effective December 9, 2013. FOR FURTHER INFORMATION CONTACT: Richard McCallion, Office of Hazard Identification and Reduction, Consumer Product Safety Commission, 5 Research Place, Rockville, MD 20850; telephone: (301) 987–2222; email: rmccallion@ cpsc.gov. SUPPLEMENTARY INFORMATION: A. Revocation of Certain Regulations Pertaining to Toy Caps and Toy Guns Not Intended for Use With Caps On June 25, 2012, the Commission published in the Federal Register an NPR to revoke certain regulations pertaining to toy caps and toy guns not intended for use with caps. 77 FR 77834. The comment period for the NPR closed on August 24, 2012. The Commission received no comments on the NPR. The regulations pertaining to caps intended for use with toys guns in 16 CFR 1500.18(a)(5), 1500.47, and 1500.86(a)(6) were originally promulgated by the U.S. Food and Drug Administration (FDA). In September 1973, the Federal Hazardous Substances Act (FHSA) and the statute’s implementing regulations were transferred from the FDA to the CPSC. See 38 FR 27012 (September 27, 1973). One of the regulations transferred to CPSC included a ban on caps intended for use with toy guns and toy guns not intended for use with caps ‘‘if such caps when so used or such toy guns produce impulse-type sound at a peak pressure level at or above 138 decibels. . . .’’ See 16 CFR 1500.18(a)(5). Another regulation transferred from FDA to CPSC, 16 CFR 1500.86(a)(6), exempts toy caps that produce peak sound levels of 138 to 158 decibels if: The packaging material contains a warning regarding proper use, the manufacturer notifies CPSC, and the manufacturer participates in a program to develop toy caps that produce peak pressure levels below 138 decibels. Manufacturers participating in this program are required to provide a status report to CPSC on their progress every three months. We are revoking this exemption because there are currently no manufacturers participating in this program. Additionally, a third transferred regulation, 16 CFR 1500.47, provides the test method for determining the sound pressure level produced by toy PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 caps and toy guns. The method specifies the use of certain equipment, such as a microphone, preamplifier, and two types of oscilloscopes with specific response and calibration ranges. This regulation also addresses the manner in which peak sound pressure levels are measured. Section 106 of the CPSIA mandated that the provisions of ASTM International Standard F963, ‘‘Standard Consumer Safety Specification for Toy Safety,’’ be considered consumer product safety standards issued by the Commission under section 9 of the Consumer Product Safety Act (CPSA). References to ASTM F963 in this Federal Register notice are to version ASTM F963–11, which became effective on June 12, 2012. Section 4.5 of ASTM F963 establishes requirements for ‘‘sound-producing toys,’’ and section 8.19 of ASTM F963 establishes ‘‘Tests for Toys Which Produce Noise.’’ In general, the ASTM F963 requirements for sound-producing toys are more stringent than 16 CFR 1500.18(a)(5) and 1500.47. For example, section 4.5.1.5 of ASTM F963 states that the peak sound pressure level of impulsive sounds produced by a toy using percussion caps or other explosive action ‘‘shall not exceed 125’’ decibels at 50 centimeters, whereas, 16 CFR 1500.18(a)(5) imposes a ban at or above 138 decibels at 25 centimeters. As another example, section 8.19.2.4 of ASTM F963 specifies a weighted scale based on human hearing damage from the type of impulse noise being generated by the toy, whereas, 16 CFR 1500.47 specifies an unweighted scale for measuring pressure level generated by impulsetype sound. Additionally, the ASTM F963 test method specifies the use of modern equipment (microphones meeting a particular specification), whereas, 16 CFR 1500.47 specifies the use of a microphone, a preamplifier (if required), and an oscilloscope. The equipment specifications in 16 CFR 1500.47 have never been updated. Therefore, because section 106 of the CPSIA mandates the provisions of ASTM F963 to be consumer product safety standards, and because we believe that the provisions of ASTM F963, with respect to caps intended for use with toy guns, are more stringent than 16 CFR 1500.18(a)(5), the final rule revokes 16 CFR 1500.18(a)(5). Similarly, because ASTM F963 establishes a test method for toys that produce sound, and because our existing regulation refers to obsolete or unnecessary test equipment, the final rule revokes 16 CFR 1500.47. Finally, because the final rule revokes 16 CFR 1500.18(a)(5), we are also revoking the exemptions from E:\FR\FM\07NOR1.SGM 07NOR1 Federal Register / Vol. 78, No. 216 / Thursday, November 7, 2013 / Rules and Regulations the requirements of 16 CFR 1500.18(a)(5) contained in 16 CFR 1500.86(a)(6). The final rule is unchanged from the NPR. PART 1500—HAZARDOUS SUBSTANCES AND ARTICLES; ADMINISTRATION AND ENFORCEMENT REGULATIONS B. Paperwork Reduction Act ■ The final rule does not impose any information collection requirements. Accordingly, this rule is not subject to the Paperwork Reduction Act, 44 U.S.C. 3501–3520. C. Regulatory Flexibility Act 1. The authority citation for 16 CFR part 1500 continues to read as follows: Authority: 15 U.S.C. 1261–1278. § 1500.18 [Amended] 2. Section 1500.18 is amended by removing and reserving paragraph (a)(5). ■ § 1500.47 The Commission certified under the Regulatory Flexibility Act (5 U.S.C. 601–612) that the proposed rule would not have a significant economic impact on a substantial number of small entities because the rule would revoke outdated regulatory requirements. We have received no information to change that certification. ■ [Removed] 3. Section 1500.47 is removed. § 1500.86 [Amended] 66841 In the Federal Register of July 25, 2013 (78 FR 44878 at 44879), FDA solicited comments concerning the direct final rule for a 75-day period ending October 8, 2013. The document published with an incorrect effective date of ‘‘January 16, 2014.’’ In the Federal Register of October 25, 2013 (78 FR 63872), the effective date was corrected to read ‘‘December 9, 2013,’’ 135 days after publication in the Federal Register, unless any significant adverse comment was submitted to FDA during the comment period. FDA did not receive any significant adverse comments. SUPPLEMENTARY INFORMATION: ■ 4. Section 1500.86 is amended by removing and reserving paragraph (a)(6). Authority: 42 U.S.C. 216, 243, 264, 271. Accordingly, the amendments issued thereby are effective. Dated: November 1, 2013. Todd A. Stevenson, Secretary, U.S. Consumer Product Safety Commission. Dated: November 4, 2013. Leslie Kux, Assistant Commissioner for Policy. D. Environmental Considerations [FR Doc. 2013–26618 Filed 11–6–13; 8:45 am] BILLING CODE 4160–01–P This rule falls within the scope of the Commission’s environmental review regulation at 16 CFR 1021.5(c)(1), which provides a categorical exclusion from any requirement for the agency to prepare an environmental assessment or an environmental impact statement for rules that revoke product safety standards. BILLING CODE 6355–01–P E. Executive Order 12988 [Docket No. FDA–2013–N–0639] According to Executive Order 12988 (February 5, 1996), agencies must state in clear language the preemptive effect, if any, of new regulations. The preemptive effect of regulations such as this final rule is stated in section 18 of the FHSA. 15 U.S.C. 1261n. Turtles Intrastate and Interstate Requirements; Confirmation of Effective Date F. Effective Date pmangrum on DSK3VPTVN1PROD with RULES List of Subjects in 16 CFR Part 1500 Consumer protection, Hazardous substances, Imports, Infants and children, Labeling, Law enforcement, Reporting and recordkeeping requirements, Toys. For the reasons stated in the preamble, and under the authority of 15 U.S.C. 1261–1262 and 5 U.S.C. 553, the Consumer Product Safety Commission amends 16 CFR part 1500 as follows: 15:20 Nov 06, 2013 Jkt 232001 AGENCY FOR INTERNATIONAL DEVELOPMENT 22 CFR Part 230 Food and Drug Administration Israel Loan Guarantees Issued Under the Emergency Wartime Supplemental Appropriations Act of 2003—Standard Terms and Conditions 21 CFR Part 1240 AGENCY: Food and Drug Administration, HHS. Direct final rule; confirmation of effective date. ACTION: The Food and Drug Administration (FDA) is confirming the effective date of December 9, 2013, for the final rule that appeared in the Federal Register of July 25, 2013. The direct final rule amends the regulations regarding the prohibition on the sale, or other commercial or public distribution, of viable turtle eggs and live turtles with a carapace length of less than 4 inches to remove procedures for destruction. This document confirms the effective date of the direct final rule. DATES: The December 9, 2013, effective date for the final rule published July 25, 2013 (78 FR 44878), corrected October 25, 2013 (78 FR 63872), is confirmed. FOR FURTHER INFORMATION CONTACT: Dillard Woody, Center for Veterinary Medicine (HFV–231), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240–276–9237, email: dillard.woody@fda.hhs.gov. SUMMARY: The Commission proposed that the rule revoking 16 CFR 1500.18(a)(5), 1500.47, and 1500.86(a)(6) become effective 30 days after publication of the final rule in the Federal Register. We received no comments on the effective date. Therefore, the final rule will become effective 30 days after publication in the Federal Register. VerDate Mar<15>2010 DEPARTMENT OF HEALTH AND HUMAN SERVICES [FR Doc. 2013–26734 Filed 11–6–13; 8:45 am] PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 Agency for International Development (USAID). ACTION: Final rule. AGENCY: This regulation prescribes the revised procedures and revised standard terms and conditions applicable to loan guarantees issued for the benefit of the Government of Israel on behalf of the State of Israel. Pursuant to the Emergency Wartime Supplemental Appropriations Act of 2003, the United States of America, acting through the U.S. Agency for International Development, may issue loan guarantees applicable to sums borrowed by the Government of Israel on behalf of the State of Israel (the ‘‘Borrower’’). The loan guarantees were originally issued pursuant to a Loan Guarantee Commitment Agreement between the Borrower and the United States Government dated August 18, 2003 and applied to sums borrowed from time to time between March 1, 2003 and September 30, 2006. Pursuant to an Amended and Restated Loan Guarantee Commitment Agreement dated October 24, 2012, the loan guarantees will now apply to sums borrowed from time to time between March 1, 2003 and September 30, 2016. SUMMARY: E:\FR\FM\07NOR1.SGM 07NOR1

Agencies

Consumer Product Safety Commission

[Federal Register Volume 78, Number 216 (Thursday, November 7, 2013)]
[Rules and Regulations]
[Pages 66840-66841]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26618]


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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2012-0035]

16 CFR Part 1500


Revocation of Certain Requirements Pertaining to Caps Intended 
for Use With Toy Guns and Toy Guns Not Intended for Use With Caps

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Section 106 of the Consumer Product Safety Improvement Act of 
2008 (CPSIA) deemed the provisions of ASTM International Standard F963, 
``Standard Consumer Safety Specifications for Toy Safety'' (ASTM F963), 
to be consumer product safety standards issued by the U.S. Consumer 
Product Safety Commission (CPSC, Commission, or we). Among other 
things, ASTM F963 contains provisions regarding sound-producing toys. 
Existing CPSC regulations pertaining to caps intended for use with toy 
guns refer to obsolete equipment, but the ASTM F963 provisions for 
sound-producing toys allow the use of a broader array of more precise 
and more readily available test equipment for sound measurement. In 
addition, the ASTM standard requires fewer measurements and permits use 
of more automated equipment that would increase the efficiency of 
testing. Because the existing regulations are obsolete and have been 
superseded by the requirements of ASTM F963, the final rule revokes the 
existing regulations pertaining to caps intended for use with toy guns 
and toy guns not intended for use with caps. The final rule is 
unchanged from the rule as proposed in the notice of proposed 
rulemaking (NPR).

DATES: The rule is effective December 9, 2013.

FOR FURTHER INFORMATION CONTACT: Richard McCallion, Office of Hazard 
Identification and Reduction, Consumer Product Safety Commission, 5 
Research Place, Rockville, MD 20850; telephone: (301) 987-2222; email: 
rmccallion@cpsc.gov.

SUPPLEMENTARY INFORMATION: 

A. Revocation of Certain Regulations Pertaining to Toy Caps and Toy 
Guns Not Intended for Use With Caps

    On June 25, 2012, the Commission published in the Federal Register 
an NPR to revoke certain regulations pertaining to toy caps and toy 
guns not intended for use with caps. 77 FR 77834. The comment period 
for the NPR closed on August 24, 2012. The Commission received no 
comments on the NPR.
    The regulations pertaining to caps intended for use with toys guns 
in 16 CFR 1500.18(a)(5), 1500.47, and 1500.86(a)(6) were originally 
promulgated by the U.S. Food and Drug Administration (FDA). In 
September 1973, the Federal Hazardous Substances Act (FHSA) and the 
statute's implementing regulations were transferred from the FDA to the 
CPSC. See 38 FR 27012 (September 27, 1973). One of the regulations 
transferred to CPSC included a ban on caps intended for use with toy 
guns and toy guns not intended for use with caps ``if such caps when so 
used or such toy guns produce impulse-type sound at a peak pressure 
level at or above 138 decibels. . . .'' See 16 CFR 1500.18(a)(5). 
Another regulation transferred from FDA to CPSC, 16 CFR 1500.86(a)(6), 
exempts toy caps that produce peak sound levels of 138 to 158 decibels 
if: The packaging material contains a warning regarding proper use, the 
manufacturer notifies CPSC, and the manufacturer participates in a 
program to develop toy caps that produce peak pressure levels below 138 
decibels. Manufacturers participating in this program are required to 
provide a status report to CPSC on their progress every three months. 
We are revoking this exemption because there are currently no 
manufacturers participating in this program.
    Additionally, a third transferred regulation, 16 CFR 1500.47, 
provides the test method for determining the sound pressure level 
produced by toy caps and toy guns. The method specifies the use of 
certain equipment, such as a microphone, preamplifier, and two types of 
oscilloscopes with specific response and calibration ranges. This 
regulation also addresses the manner in which peak sound pressure 
levels are measured.
    Section 106 of the CPSIA mandated that the provisions of ASTM 
International Standard F963, ``Standard Consumer Safety Specification 
for Toy Safety,'' be considered consumer product safety standards 
issued by the Commission under section 9 of the Consumer Product Safety 
Act (CPSA). References to ASTM F963 in this Federal Register notice are 
to version ASTM F963-11, which became effective on June 12, 2012. 
Section 4.5 of ASTM F963 establishes requirements for ``sound-producing 
toys,'' and section 8.19 of ASTM F963 establishes ``Tests for Toys 
Which Produce Noise.'' In general, the ASTM F963 requirements for 
sound-producing toys are more stringent than 16 CFR 1500.18(a)(5) and 
1500.47. For example, section 4.5.1.5 of ASTM F963 states that the peak 
sound pressure level of impulsive sounds produced by a toy using 
percussion caps or other explosive action ``shall not exceed 125'' 
decibels at 50 centimeters, whereas, 16 CFR 1500.18(a)(5) imposes a ban 
at or above 138 decibels at 25 centimeters. As another example, section 
8.19.2.4 of ASTM F963 specifies a weighted scale based on human hearing 
damage from the type of impulse noise being generated by the toy, 
whereas, 16 CFR 1500.47 specifies an unweighted scale for measuring 
pressure level generated by impulse-type sound. Additionally, the ASTM 
F963 test method specifies the use of modern equipment (microphones 
meeting a particular specification), whereas, 16 CFR 1500.47 specifies 
the use of a microphone, a preamplifier (if required), and an 
oscilloscope. The equipment specifications in 16 CFR 1500.47 have never 
been updated.
    Therefore, because section 106 of the CPSIA mandates the provisions 
of ASTM F963 to be consumer product safety standards, and because we 
believe that the provisions of ASTM F963, with respect to caps intended 
for use with toy guns, are more stringent than 16 CFR 1500.18(a)(5), 
the final rule revokes 16 CFR 1500.18(a)(5). Similarly, because ASTM 
F963 establishes a test method for toys that produce sound, and because 
our existing regulation refers to obsolete or unnecessary test 
equipment, the final rule revokes 16 CFR 1500.47. Finally, because the 
final rule revokes 16 CFR 1500.18(a)(5), we are also revoking the 
exemptions from

[[Page 66841]]

the requirements of 16 CFR 1500.18(a)(5) contained in 16 CFR 
1500.86(a)(6). The final rule is unchanged from the NPR.

B. Paperwork Reduction Act

    The final rule does not impose any information collection 
requirements. Accordingly, this rule is not subject to the Paperwork 
Reduction Act, 44 U.S.C. 3501-3520.

C. Regulatory Flexibility Act

    The Commission certified under the Regulatory Flexibility Act (5 
U.S.C. 601-612) that the proposed rule would not have a significant 
economic impact on a substantial number of small entities because the 
rule would revoke outdated regulatory requirements. We have received no 
information to change that certification.

D. Environmental Considerations

    This rule falls within the scope of the Commission's environmental 
review regulation at 16 CFR 1021.5(c)(1), which provides a categorical 
exclusion from any requirement for the agency to prepare an 
environmental assessment or an environmental impact statement for rules 
that revoke product safety standards.

E. Executive Order 12988

    According to Executive Order 12988 (February 5, 1996), agencies 
must state in clear language the preemptive effect, if any, of new 
regulations. The preemptive effect of regulations such as this final 
rule is stated in section 18 of the FHSA. 15 U.S.C. 1261n.

F. Effective Date

    The Commission proposed that the rule revoking 16 CFR 
1500.18(a)(5), 1500.47, and 1500.86(a)(6) become effective 30 days 
after publication of the final rule in the Federal Register. We 
received no comments on the effective date. Therefore, the final rule 
will become effective 30 days after publication in the Federal 
Register.

List of Subjects in 16 CFR Part 1500

    Consumer protection, Hazardous substances, Imports, Infants and 
children, Labeling, Law enforcement, Reporting and recordkeeping 
requirements, Toys.

    For the reasons stated in the preamble, and under the authority of 
15 U.S.C. 1261-1262 and 5 U.S.C. 553, the Consumer Product Safety 
Commission amends 16 CFR part 1500 as follows:

PART 1500--HAZARDOUS SUBSTANCES AND ARTICLES; ADMINISTRATION AND 
ENFORCEMENT REGULATIONS

0
1. The authority citation for 16 CFR part 1500 continues to read as 
follows:

    Authority:  15 U.S.C. 1261-1278.


Sec.  1500.18  [Amended]

0
2. Section 1500.18 is amended by removing and reserving paragraph 
(a)(5).


Sec.  1500.47  [Removed]

0
3. Section 1500.47 is removed.


Sec.  1500.86  [Amended]

0
4. Section 1500.86 is amended by removing and reserving paragraph 
(a)(6).

    Dated: November 1, 2013.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2013-26618 Filed 11-6-13; 8:45 am]
BILLING CODE 6355-01-P

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