Safety Standard Mandating ASTM F963 for Toys, 8989-8993 [2017-02147]
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Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Rules and Regulations
8989
If the level of activity in the
report was:
And the report was filed late, the civil money penalty is:
Or the report was not filed, the civil money penalty is:
$550,000–649,999.99 ..........
[$6252 + ($277 × Number of days late)] × [1 +
Number of previous violations)].
[$7293 + ($277 × Number of days late)] × [1 +
Number of previous violations)].
[$8335 + ($277 × Number of days late)] × [1 +
Number of previous violations)].
[$9378 + ($277 × Number of days late)] × [1 +
Number of previous violations)].
[$10,420 + ($277 × Number of days late)] × [1 +
Number of previous violations)].
(.25 ×
$16,671 × [1 + (.25 × Number of previous violations)].
(.25 ×
$18,061 × [1 + (.25 × Number of previous violations)].
(.25 ×
$19,449 × [1 + (.25 × Number of previous violations)].
(.25 ×
$20,838 × [1 + (.25 × Number of previous violations)].
(.25 ×
$22,228 × [1 + (.25 × Number of previous violations)].
$650,000–749,999.99 ..........
$750,000–849,999.99 ..........
$850,000–949,999.99 ..........
$950,000 or over ..................
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
required report and the Commission
cannot calculate the level of activity
under paragraph (d) of this section, then
the civil money penalty shall be $7,641.
*
*
*
*
*
§ 111.44
[Amended]
4. Amend paragraph (a)(1) of § 111.44
by removing ‘‘$137’’ and adding, in its
place, ‘‘$139’’.
■
On behalf of the Commission.
Dated: January 5, 2017.
Matthew S. Petersen,
Commissioner, Federal Election Commission.
[FR Doc. 2017–01431 Filed 2–1–17; 8:45 am]
BILLING CODE 6715–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2017–0010]
16 CFR Parts 1112 and 1250
Safety Standard Mandating ASTM F963
for Toys
Consumer Product Safety
Commission.
ACTION: Direct final rule.
AGENCY:
Section 106 of the Consumer
Product Safety Improvement Act
(CPSIA) made ASTM F963–07e1,
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
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SUMMARY:
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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: https://
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
https://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
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Compliance and Field Operations,
Consumer Product Safety Commission,
4330 East-West Highway, Bethesda, MD
20814–4408; telephone: 301–504–7607;
email: cmanley@cpsc.gov.
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
F963–07e1, 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 F963–07e1 (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.
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
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.
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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 F963–07e1 (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.
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 batteryoperated toys and magnetic toys.
• Instructional Literature—Revises
language to clarify instructional
literature requirements for batteryoperated toys and battery-powered rideon 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
2 Toy chest requirements were last included in
the ASTM F963–07e1.
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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 rideon 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.
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• Toy Chests—Reincorporates toy
chest section 4.27 and associated
provisions from ASTM F963–07e1 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; https://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: https://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
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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 F963–07e1 (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
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that was not addressed in earlier
versions of ASTM F963. Section 4.41 for
toy chests reincorporates the toy chest
requirements from ASTM F963–07e1
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 F963–07e1 (toy chests)
have been deleted from section
1112.15(b)(32)(i) to reflect that the toy
chest provisions of ASTM F963–07e1
have been reincorporated into ASTM
F963–16. Finally, the reference to
ASTM F963–07e1 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
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8991
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 F963–07e1, 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
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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 CPSCaccepted 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
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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
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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 batteryoperated toys and magnetic toys, as well
as revises the language to clarify
instructional literature requirements for
battery-operated toys and batterypowered 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
E:\FR\FM\02FER1.SGM
02FER1
Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Rules and Regulations
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
1. The authority citation for part 1112
is revised to read as follows:
mstockstill on DSK3G9T082PROD with RULES
■
Authority: 15 U.S.C. 2063; Pub. L. 110–
314, section 3, 122 Stat. 3016, 3017 (2008).
2. Amend § 1112.15 by:
a. Revising the introductory text to
paragraph (b)(32);
■ b. Removing and reserving paragraph
(b)(32)(i);
■ c. Revising the introductory text to
paragraph (b)(32)(ii);
■
■
VerDate Sep<11>2014
19:35 Feb 01, 2017
Jkt 241001
d. Adding paragraphs (b)(32)(ii)(JJ)
and (KK);
■ e. Revising paragraph (c)(1)(ii) and
removing paragraph (c)(1)(iii).
The revisions and additions read as
follows:
■
§ 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.
*
*
*
*
*
■ 3. Add part 1250 to read as follows:
PART 1250—SAFETY STANDARD
MANDATING ASTM F963 FOR TOYS
Sec.
1250.1
1250.2
Scope.
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).
§ 1250.1
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; https://
www.astm.org/. You may inspect a copy
PO 00000
Frm 00009
Fmt 4700
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: https://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
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 39
[Docket No. RM15–25–000]
Availability of Certain North American
Electric Reliability Corporation
Databases to the Commission
January 18, 2017.
Scope.
This part establishes a consumer
product safety standard for toys that
mandates provisions of ASTM F963.
§ 1250.2
8993
Sfmt 4700
Federal Energy Regulatory
Commission, DOE.
ACTION: Notice of compliance date.
AGENCY:
This document provides
notice of the compliance date for the
amended regulations adopted in the
final rule issued by the Federal Energy
Regulatory Commission (Commission)
in Docket No. RM15–25–000, requiring
the North American Electric Reliability
Corporation (NERC) to provide the
Commission with access to certain
databases compiled and maintained by
NERC.
DATES: The date for compliance with the
amended regulations adopted in Docket
No. RM15–25–000 is February 21, 2017.
FOR FURTHER INFORMATION CONTACT:
Raymond Orocco-John (Technical
Information), Office of Electric
SUMMARY:
E:\FR\FM\02FER1.SGM
02FER1
Agencies
[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Rules and Regulations]
[Pages 8989-8993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: https://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 https://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: cmanley@cpsc.gov.
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; https://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: https://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; https://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: https://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