Statement of Policy on the Commission's Interpretation of Intent To Produce Audible Effects Within the Meaning of the Commission's Fireworks Regulations Under the Federal Hazardous Substances Act, 61146-61147 [2016-21014]
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Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Proposed Rules
Washington, DC. The sixth and final
meeting is tentatively scheduled for
October 12–14. Notices of all future
meetings will be published in the
Federal Register at least 15 calendar
days prior to each meeting.
Notice of this meeting is being
provided in accordance with the Federal
Advisory Committee Act and the
General Services Administration
regulations covering management of
Federal advisory committees. See 41
CFR part 102–3. Issued under the
authority of delegation in 49 CFR
1.27(n).
Dated: August 29, 2016.
Molly J. Moran,
Acting General Counsel.
[FR Doc. 2016–21357 Filed 9–2–16; 8:45 am]
BILLING CODE 4910–9X–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1500
[Docket No. CPSC–2016–0020]
Statement of Policy on the
Commission’s Interpretation of Intent
To Produce Audible Effects Within the
Meaning of the Commission’s
Fireworks Regulations Under the
Federal Hazardous Substances Act
U.S. Consumer Product Safety
Commission.
ACTION: Proposed interpretive rule.
AGENCY:
The Consumer Product Safety
Commission (CPSC) has approved a
Proposed Statement of Policy regarding
the Commission’s interpretation of the
phrase ‘‘intended to produce audible
effects’’ that appears in the
Commission’s fireworks regulations.
DATES: Submit comments by October 6,
2016.
ADDRESSES: You may submit comments,
identified by Docket No. CPSC–2016–
0020 by any of the following methods:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at: https://
www.regulations.gov. Follow the
instructions for submitting comments.
The Commission does not accept
comments submitted by electronic mail
(email), except through regulations.gov.
The Commission encourages you to
submit electronic comments by using
the Federal eRulemaking Portal, as
described above.
Written Submissions: Submit written
comments by mail/hand delivery/
courier to: Office of the Secretary,
Consumer Product Safety Commission,
Room 820, 4330 East-West Highway,
sradovich on DSK3GMQ082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:17 Sep 02, 2016
Jkt 238001
Bethesda, MD 20814; telephone (301)
504–7923.
Instructions: All submissions received
must include the agency name and
docket number. All comments received
may be posted without change,
including any personal identifiers,
contact information, or other personal
information provided, to: https://
www.regulations.gov. Do not submit
confidential business information, trade
secret information, or other sensitive or
protected information that you do not
want to be available to the public. If
furnished at all, such information
should be submitted in writing by mail/
hand delivery/courier.
FOR FURTHER INFORMATION CONTACT:
DeWane Ray, Deputy Executive Director
for Safety Operations, U.S. Consumer
Product Safety Commission, 4330 East
West Highway, Bethesda, MD 20814;
telephone: (301)–504–7547; email: jray@
cpsc.gov.
SUPPLEMENTARY INFORMATION: Under the
Federal Hazardous Substances Act
(FHSA),1 the Consumer Product Safety
Commission (CPSC or Commission) has
banned all ‘‘[f]ireworks devices
intended to produce audible effects . . .
if the audible effect is produced by a
charge of more than 2 grains of
pyrotechnic composition.’’ 2 Pursuant to
staff’s Consumer Fireworks Testing
Manual (Manual), Commission staff
determine whether a fireworks device
was intended to produce an audible
effect by evaluating the relative
intensity of the sound produced by such
device (the Sound Test).
Through this publication, the
Commission proposes to interpret the
‘‘audible effects’’ provision such that
staff will consider the presence of
metallic powder less than 100 mesh in
particle size within the burst (or break)
charge of a fireworks device to mean the
device is intended to produce an
audible effect, consistent with the
American Pyrotechnic Association
Standard 87–1 definition.
The Commission notes that this
interpretation is not a binding rule and
would not change any person’s rights,
duties, or obligations under the FHSA or
any other Act administered by the
Commission. The Commission invites
comment on this proposed
interpretation.
A. Background
The FHSA empowers the Consumer
Product Safety Commission (CPSC or
Commission) to, ‘‘by regulation[,]
declare to be a hazardous substance . . .
1 Pub. L. 86–613, 74 Stat. 372 (July 12, 1960)
(codified as amended at 15 U.S.C. 1261–78).
2 16 CFR 1500.17(a)(3).
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
any substance or mixture of
substances’’ 3 which the Commission
finds meets a series of statutory
requirements. Under the FHSA, the
Commission prohibits, as banned
hazardous substances, the introduction
into interstate commerce of all
Fireworks devices intended to produce
audible effects (including but not limited to
cherry bombs, M–80 salutes, silver salutes,
and other large firecrackers, aerial bombs,
and other fireworks designed to produce
audible effects, and including kits and
components intended to produce such
fireworks) if the audible effect is produced by
a charge of more than 2 grains of pyrotechnic
composition.4
The goal of this ban was to remove
from consumer use the kinds of devices
that had, as noted in the 1970 Food and
Drug Administration (FDA) rulemaking
that imposed the ban, ‘‘caused eight
fatalities (six were teenage or younger)
and a large number of serious injuries
ranging from puncture wounds to
broken bones and shattered hands.’’ 5
The Commission’s rules do not
further define or describe ‘‘devices
intended to produce audible effects,’’
nor do they define how the Commission
will determine whether a product falls
under this category. The Manual directs
Commission staff to evaluate the relative
intensity of any sound produced by a
firework device to determine whether
such sound is an intended effect or
merely incidental to the operation of the
device. Any device in the former
category must comply with the two
grain limitation stated in the regulation.
Since the adoption of the Sound Test,
there have been many developments in
the fireworks market, including the use
of fine-mesh metallic fuels to intensify
device operation. Voluntary standards
bodies, including the APA, have
addressed the use of metallic fuels
directly.6
Under the APA standard, ‘‘any burst
[or break] charge containing metallic
powder (such as magnalium or
aluminum) less than 100 mesh in
particle size, is considered to be
intended to produce an audible effect,
and is limited to 130 mg [the equivalent
of two grains] in [consumer]
fireworks.’’ 7 This provides a bright-line
3 15
U.S.C. 1262(a)(1).
CFR 1500.17(a)(3). This rule provides an
exception for devices intended and sold for bona
fide agricultural use. Id. at § 1500.17(a)(3)(i)–(ii).
5 Fireworks Devices, 35 FR 7415 (May 13, 1970).
6 Amer. Pyrotechnics Assoc., APA Standard 87–
1: Standard for Construction and Approval for
Transportation of Fireworks, Novelties, and
Theatrical Pyrotechnics § 2.5 (2001).
7 Id.
4 16
E:\FR\FM\06SEP1.SGM
06SEP1
Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Proposed Rules
standard with a highly reproducible
measure.
Aside from the clarity of its use as an
enforcement tool, the APA standard is
also familiar to industry. Not only does
it reflect the work of a voluntary
standard development organization in
which industry members participated, it
has been incorporated by reference into
the Department of Transportation’s
regulations for the shipment of
fireworks.8 Under this interpretation,
CPSC will be testing fireworks devices
in line with the APA standard when
determining which devices are intended
to produce an audible effect.
For the foregoing reasons, the
Commission proposes to interpret the
phrase ‘‘Fireworks devices intended to
produce audible effects’’ in a manner
consistent with the APA voluntary
standard and DOT regulations. Under
this interpretation, the Commission will
consider the presence in the burst (or
break) charge of a fireworks device of
metallic powder less than 100 mesh in
particle size to mean that the device is
intended to produce an audible effect.
Likewise, if the device lacks such
metallic powder, staff will consider it as
not intended to produce an audible
effect. This change, as noted above, will
not alter the rule or any party’s
obligations under it in any way, but it
will allow the Commission to enforce
that rule more efficiently.
sradovich on DSK3GMQ082PROD with PROPOSALS
C. Request for Comment
The Commission requests comments
on all aspects of the proposed
interpretation. In particular, given the
handmade nature of these products, the
Commission requests comments on
whether there should be an allowance
for contamination at a level that would
not pose an injury hazard to fireworks
users or bystanders. We seek comments
to determine whether we can exercise
some flexibility in enforcement. We
would not be setting an enforceable
contamination allowance but, in an
enforcement proceeding, we may
consider allowing some contamination
if we receive information supporting the
position that inadvertent low level
contamination by these metals can
occur in the manufacturing process.
If so, please provide the CPSC
information and data regarding what an
appropriate allowance should be.
CFR 173.65.
VerDate Sep<11>2014
16:17 Sep 02, 2016
[FR Doc. 2016–21014 Filed 9–2–16; 8:45 am]
BILLING CODE 6355–01–P
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Part 4
RIN 3038–AE47
Commodity Pool Operator Annual
Report
Commodity Futures Trading
Commission.
ACTION: Notice of proposed rulemaking;
extension of comment period.
AGENCY:
B. Interpretive Rule
8 49
Dated: August 26, 2016.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
Jkt 238001
On August 5, 2016, the
Commodity Futures Trading
Commission (Commission or CFTC)
published in the Federal Register a
notice of proposed rulemaking
(Proposal) to amend certain of its
regulations applicable to the Annual
Report that each person registered or
required to be registered as a commodity
pool operator (CPO) must distribute for
each commodity pool that it operates.
As is explained below, the Commission
is extending for two weeks the comment
period for the Proposal.
DATES: The comment period for the
Proposal published on August 5, 2016,
at 81 FR 51828, is extended until
September 20, 2016.
ADDRESSES: You may submit comments,
identified by RIN 3038–AE47 and
‘‘Commodity Pool Operator Annual
Report,’’ by any of the following
methods:
• CFTC Web site: https://
comments.cftc.gov. Follow the
instructions for submitting comments
through the Comments Online process
on the Web site.
• Mail: Send to Christopher
Kirkpatrick, Secretary of the
Commission, Commodity Futures
Trading Commission, Three Lafayette
Centre, 1155 21st Street NW.,
Washington, DC 20581.
• Hand Delivery/Courier: Same as
Mail, above.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Please submit your comments using
only one of these methods.
All comments must be submitted in
English, or if not, accompanied by an
English translation. Comments will be
posted as received to www.cftc.gov. You
should submit only information that
SUMMARY:
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
61147
you wish to make available publicly. If
you wish the Commission to consider
information that may be exempt from
disclosure under the Freedom of
Information Act (FOIA), a petition for
confidential treatment of the exempt
information may be submitted according
to the procedures established in
Commission Regulation 145.9.1
The Commission reserves the right,
but shall have no obligation, to review,
pre-screen, filter, redact, refuse, or
remove any or all of a submission from
www.cftc.gov that it may deem to be
inappropriate for publication, such as
obscene language. All submissions that
have been redacted or removed that
contain comments on the merits of the
rulemaking will be retained in the
public comment file and will be
considered as required under the
Administrative Procedure Act and other
applicable laws, and may be accessible
under the FOIA.
FOR FURTHER INFORMATION CONTACT:
Christopher W. Cummings, Special
Counsel, 202–418–5445, ccummings@
cftc.gov or Barbara S. Gold, Associate
Director, 202–418–5441, bgold@cftc.gov,
Division of Swap Dealer and
Intermediary Oversight, Commodity
Futures Trading Commission, Three
Lafayette Centre, 1155 21st Street NW.,
Washington, DC 20581.
SUPPLEMENTARY INFORMATION: The
Proposal concerns certain provisions of
the Annual Report that registered CPOs
are required to distribute and submit
under Regulation 4.22. Among other
things, it would amend these
provisions: To permit the use of
additional alternative generally
accepted accounting principles,
standards or practices; to provide for an
exemption from the Annual Report
audit requirement where the first fiscal
year of a pool consists of a period of
three months or less from the date of
formation of the pool; and to clarify that
a CPO must distribute and submit an
audited Annual Report at least once
during the life of the pool. The comment
period for the Proposal is due to expire
on September 6, 2016.
By letter dated August 26, 2016, the
Managed Funds Association (MFA), a
membership organization representing
many persons who would be affected by
the Proposal, requested a two-week
extension of the comment period for the
Proposal, such that, as extended, the
comment period would expire on
September 20, 2016. In support of its
request, MFA explained that it is
drafting comments in response to the
1 17 CFR 145.9 (2016). The Commission’s
regulations are found at 17 CFR Ch. I (2016). They
are accessible through the Commission’s Web site.
E:\FR\FM\06SEP1.SGM
06SEP1
Agencies
[Federal Register Volume 81, Number 172 (Tuesday, September 6, 2016)]
[Proposed Rules]
[Pages 61146-61147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21014]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1500
[Docket No. CPSC-2016-0020]
Statement of Policy on the Commission's Interpretation of Intent
To Produce Audible Effects Within the Meaning of the Commission's
Fireworks Regulations Under the Federal Hazardous Substances Act
AGENCY: U.S. Consumer Product Safety Commission.
ACTION: Proposed interpretive rule.
-----------------------------------------------------------------------
SUMMARY: The Consumer Product Safety Commission (CPSC) has approved a
Proposed Statement of Policy regarding the Commission's interpretation
of the phrase ``intended to produce audible effects'' that appears in
the Commission's fireworks regulations.
DATES: Submit comments by October 6, 2016.
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2016-
0020 by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: https://www.regulations.gov. Follow the
instructions for submitting comments. The Commission does not accept
comments submitted by electronic mail (email), except through
regulations.gov. The Commission encourages you to submit electronic
comments by using the Federal eRulemaking Portal, as described above.
Written Submissions: Submit written comments by mail/hand delivery/
courier 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. All comments received may be posted without change,
including any personal identifiers, contact information, or other
personal information provided, to: https://www.regulations.gov. Do not
submit confidential business information, trade secret information, or
other sensitive or protected information that you do not want to be
available to the public. If furnished at all, such information should
be submitted in writing by mail/hand delivery/courier.
FOR FURTHER INFORMATION CONTACT: DeWane Ray, Deputy Executive Director
for Safety Operations, U.S. Consumer Product Safety Commission, 4330
East West Highway, Bethesda, MD 20814; telephone: (301)-504-7547;
email: jray@cpsc.gov.
SUPPLEMENTARY INFORMATION: Under the Federal Hazardous Substances Act
(FHSA),\1\ the Consumer Product Safety Commission (CPSC or Commission)
has banned all ``[f]ireworks devices intended to produce audible
effects . . . if the audible effect is produced by a charge of more
than 2 grains of pyrotechnic composition.'' \2\ Pursuant to staff's
Consumer Fireworks Testing Manual (Manual), Commission staff determine
whether a fireworks device was intended to produce an audible effect by
evaluating the relative intensity of the sound produced by such device
(the Sound Test).
---------------------------------------------------------------------------
\1\ Pub. L. 86-613, 74 Stat. 372 (July 12, 1960) (codified as
amended at 15 U.S.C. 1261-78).
\2\ 16 CFR 1500.17(a)(3).
---------------------------------------------------------------------------
Through this publication, the Commission proposes to interpret the
``audible effects'' provision such that staff will consider the
presence of metallic powder less than 100 mesh in particle size within
the burst (or break) charge of a fireworks device to mean the device is
intended to produce an audible effect, consistent with the American
Pyrotechnic Association Standard 87-1 definition.
The Commission notes that this interpretation is not a binding rule
and would not change any person's rights, duties, or obligations under
the FHSA or any other Act administered by the Commission. The
Commission invites comment on this proposed interpretation.
A. Background
The FHSA empowers the Consumer Product Safety Commission (CPSC or
Commission) to, ``by regulation[,] declare to be a hazardous substance
. . . any substance or mixture of substances'' \3\ which the Commission
finds meets a series of statutory requirements. Under the FHSA, the
Commission prohibits, as banned hazardous substances, the introduction
into interstate commerce of all
---------------------------------------------------------------------------
\3\ 15 U.S.C. 1262(a)(1).
Fireworks devices intended to produce audible effects (including but
not limited to cherry bombs, M-80 salutes, silver salutes, and other
large firecrackers, aerial bombs, and other fireworks designed to
produce audible effects, and including kits and components intended
to produce such fireworks) if the audible effect is produced by a
charge of more than 2 grains of pyrotechnic composition.\4\
---------------------------------------------------------------------------
\4\ 16 CFR 1500.17(a)(3). This rule provides an exception for
devices intended and sold for bona fide agricultural use. Id. at
Sec. 1500.17(a)(3)(i)-(ii).
The goal of this ban was to remove from consumer use the kinds of
devices that had, as noted in the 1970 Food and Drug Administration
(FDA) rulemaking that imposed the ban, ``caused eight fatalities (six
were teenage or younger) and a large number of serious injuries ranging
from puncture wounds to broken bones and shattered hands.'' \5\
---------------------------------------------------------------------------
\5\ Fireworks Devices, 35 FR 7415 (May 13, 1970).
---------------------------------------------------------------------------
The Commission's rules do not further define or describe ``devices
intended to produce audible effects,'' nor do they define how the
Commission will determine whether a product falls under this category.
The Manual directs Commission staff to evaluate the relative intensity
of any sound produced by a firework device to determine whether such
sound is an intended effect or merely incidental to the operation of
the device. Any device in the former category must comply with the two
grain limitation stated in the regulation.
Since the adoption of the Sound Test, there have been many
developments in the fireworks market, including the use of fine-mesh
metallic fuels to intensify device operation. Voluntary standards
bodies, including the APA, have addressed the use of metallic fuels
directly.\6\
---------------------------------------------------------------------------
\6\ Amer. Pyrotechnics Assoc., APA Standard 87-1: Standard for
Construction and Approval for Transportation of Fireworks,
Novelties, and Theatrical Pyrotechnics Sec. 2.5 (2001).
---------------------------------------------------------------------------
Under the APA standard, ``any burst [or break] charge containing
metallic powder (such as magnalium or aluminum) less than 100 mesh in
particle size, is considered to be intended to produce an audible
effect, and is limited to 130 mg [the equivalent of two grains] in
[consumer] fireworks.'' \7\ This provides a bright-line
[[Page 61147]]
standard with a highly reproducible measure.
---------------------------------------------------------------------------
\7\ Id.
---------------------------------------------------------------------------
Aside from the clarity of its use as an enforcement tool, the APA
standard is also familiar to industry. Not only does it reflect the
work of a voluntary standard development organization in which industry
members participated, it has been incorporated by reference into the
Department of Transportation's regulations for the shipment of
fireworks.\8\ Under this interpretation, CPSC will be testing fireworks
devices in line with the APA standard when determining which devices
are intended to produce an audible effect.
---------------------------------------------------------------------------
\8\ 49 CFR 173.65.
---------------------------------------------------------------------------
B. Interpretive Rule
For the foregoing reasons, the Commission proposes to interpret the
phrase ``Fireworks devices intended to produce audible effects'' in a
manner consistent with the APA voluntary standard and DOT regulations.
Under this interpretation, the Commission will consider the presence in
the burst (or break) charge of a fireworks device of metallic powder
less than 100 mesh in particle size to mean that the device is intended
to produce an audible effect. Likewise, if the device lacks such
metallic powder, staff will consider it as not intended to produce an
audible effect. This change, as noted above, will not alter the rule or
any party's obligations under it in any way, but it will allow the
Commission to enforce that rule more efficiently.
C. Request for Comment
The Commission requests comments on all aspects of the proposed
interpretation. In particular, given the handmade nature of these
products, the Commission requests comments on whether there should be
an allowance for contamination at a level that would not pose an injury
hazard to fireworks users or bystanders. We seek comments to determine
whether we can exercise some flexibility in enforcement. We would not
be setting an enforceable contamination allowance but, in an
enforcement proceeding, we may consider allowing some contamination if
we receive information supporting the position that inadvertent low
level contamination by these metals can occur in the manufacturing
process.
If so, please provide the CPSC information and data regarding what
an appropriate allowance should be.
Dated: August 26, 2016.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2016-21014 Filed 9-2-16; 8:45 am]
BILLING CODE 6355-01-P