Safety Standard for Button Cell or Coin Batteries and Consumer Products Containing Such Batteries, 65274-65296 [2023-20333]

Download as PDF 65274 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Parts 1112 and 1263 [CPSC Docket No. 2023–0004] Safety Standard for Button Cell or Coin Batteries and Consumer Products Containing Such Batteries Consumer Product Safety Commission. ACTION: Direct final rule. AGENCY: In February 2023, as required by Reese’s Law, the U.S. Consumer Product Safety Commission (CPSC or Commission) issued a notice of proposed rulemaking (NPR) to eliminate or adequately reduce the risk of injury from ingestion of button cell or coin batteries by children six years old and younger. In the NPR the Commission preliminarily determined that no existing voluntary standard met the requirements in Reese’s Law at that time. In this document, however, the Commission determines that one voluntary standard, substantially revised since publication of the NPR, now meets the requirements in Reese’s Law with respect to performance and labeling requirements for consumer products containing button cell or coin batteries. Reese’s Law states that after a determination of sufficiency by the Commission, such a qualifying voluntary standard is treated as a consumer product safety rule. The Commission is publishing this determination, as required by Reese’s Law, as well as a direct final rule to incorporate the voluntary standard by reference into our regulations. Consumer products subject to performance and labeling requirements in this direct final rule must be tested and certified as compliant with the direct final rule. DATES: Effective date: The direct final rule is effective October 23, 2023, unless the Commission receives a significant adverse comment by October 5, 2023. If the Commission receives such a comment, we will publish a document in the Federal Register withdrawing this direct final rule before its effective date. Compliance and enforcement dates: Third party testing and certification of children’s products subject to this rule is not required until on or after December 20, 2023. Consumer products containing button cell or coin batteries that are manufactured or imported after October 23, 2023, must comply with this direct final rule. However, in recognition of limited testing ddrumheller on DSK120RN23PROD with RULES3 SUMMARY: VerDate Sep<11>2014 20:06 Sep 20, 2023 Jkt 259001 availability and for the avoidance of hardship, the Commission is granting a 180-day transitional period of enforcement discretion from September 21, 2023, through March 19, 2024. Incorporation by reference: The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of October 23, 2023. ADDRESSES: Submit comments, identified by Docket No. CPSC–2023– 0004, 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. CPSC typically does not accept comments submitted by electronic mail (email), except as described below. CPSC encourages you to submit electronic comments by using the Federal eRulemaking Portal. Mail/Hand Delivery/Courier/ Confidential Written Submissions: Submit comments by mail, hand delivery, or courier to: Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone: (301) 504–7479. If you wish to submit confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public, you may submit such comments by mail, hand delivery, or courier, or you may email them to: cpsc-os@cpsc.gov. Instructions: All submissions must include the agency name and docket number. CPSC may post all comments without change, including any personal identifiers, contact information, or other personal information provided, to: https://www.regulations.gov. Do not submit through this website: confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If you wish to submit such information, please submit it according to the instructions for mail/hand delivery/courier/ confidential written submissions. Docket: For access to the docket to read background documents or comments received, go to: https:// www.regulations.gov, and insert the docket number, CPSC–2023–0004, into the ‘‘Search’’ box, and follow the prompts. FOR FURTHER INFORMATION CONTACT: William Cusey, Small Business Ombudsman, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 telephone 301–504–7945; email: SBO@ CPSC.gov. SUPPLEMENTARY INFORMATION: On February 9, 2023, pursuant to section 2 of Reese’s Law (Pub. L. 117–171, 15 U.S.C. 2056e), the Commission published an NPR to establish a Safety Standard and Notification Requirements for Button Cell or Coin Batteries and Consumer Products Containing Such Batteries.1 88 FR 8692. As required by section 2(a) of Reese’s Law, the NPR contained performance and labeling requirements for consumer products containing button cell or coin batteries 2 and labeling requirements for button cell and coin battery packaging. See 15 U.S.C. 2056e(a). The NPR also proposed to require notification of additional point-of-sale performance and technical data related to the safety of button cell or coin batteries using the Commission’s authority under section 27(e) of the Consumer Product Safety Act (CPSA), 15 U.S.C. 2076(e). 88 FR 8709. Based on staff’s assessment of existing voluntary standards, the Commission preliminarily determined in the NPR that no voluntary standard in existence at that time met the performance or labeling requirements of section 2 of Reese’s Law, and requested comment on that preliminary finding. 88 FR 8702, 8705. The Commission received 38 comments during a 30-day comment period ending in March 2023; four of the comments were duplicates. CPSC received two late-filed comments; one is out-of-scope for this rulemaking. We also received nine comments in response to an April 11, 2023 Paperwork Reduction Act (PRA) notice. 88 FR 21652. Tab A of Staff’s Final Rule Briefing Package 3 and section III of this 1 To implement Reese’s Law, on September 8, 2023, the Commission voted (4–0) to publish this determination and a direct final rule to incorporate by reference, UL 4200A–2023, approved August 30, 2023, as the mandatory standard for consumer products containing button cell or coin batteries, with changes. The Chair, and Commissioners Trumpka and Feldman, issued statements in connection with their vote. Statements and an explanation of the Commission’s changes are available at: https://www.cpsc.gov/s3fs-public/RCAReese-s-Law-Implementation-UL-4200A-2023-DFRfor-Button-Cell-or-Coin-Batteries-and-Draft-FR-toAmend-Part-1263.pdf?VersionId=V56MNzyWa_ iXqZQlKCyOlRtjl9lcoFit. 2 Reese’s Law defines the phrase ‘‘consumer product containing button cell or coin batteries’’ as ‘‘a consumer product containing or designed to use one or more button cell or coin batteries, regardless of whether such batteries are intended to be replaced by the consumer or are included with the product or sold separately.’’ Notes to 15 U.S.C. 2056e. 3 The information in this Commission determination and direct final rule is based on information and analysis provided in the August 31, 2023, Staff Briefing Package: Draft Final Rule to Establish a Safety Standard for Button Cell or Coin Batteries and Consumer Products Containing Such E:\FR\FM\21SER3.SGM 21SER3 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES3 preamble summarize and respond to the comments CPSC received. After consideration of the comments and the relevant existing voluntary standards, the Commission determines that a recent revision of ANSI/UL 4200A, Standard for Safety for Products Incorporating Button Batteries or Coin Cell Batteries, published on August 30, 2023 (UL 4200A–2023), does meet the performance and labeling requirements in section 2(a) of Reese’s Law with respect to consumer products containing button cell or coin batteries. 15 U.S.C. 2056e(a) and (d). Accordingly, under section 2(e) of Reese’s Law, UL 4200A–2023 is treated as a consumer product safety rule promulgated under section 9 of the CPSA (15 U.S.C. 2058) as of the date of the Commission’s determination.4 15 U.S.C. 2056e(e). The Commission is publishing this determination in the Federal Register, as required by Reese’s Law. 15 U.S.C. 2056e(d)(2). This notification of the Commission’s determination includes a direct final rule (DFR) to incorporate by reference UL 4200A–2023 into the Code of Federal Regulations as the mandatory consumer product safety rule for consumer products containing button cell or coin batteries. Consistent with the Administrative Procedure Act (APA), 5 U.S.C. 553, the DFR has an effective date of 30 days after publication. Further, in recognition of limited testing availability the Commission is granting a 180-day Batteries (Staff’s Final Rule Briefing Package), available at: https://www.cpsc.gov/s3fs-public/ Reeses-Law-Implementation-CommissionDetermination-Regarding-UL-4200A-2023-andDraft-DFR-for-Button-Cell-or-Coin-Batteries-and-2Draft-FR-to-Amend-Part-1263--LabelingRequirmnts-for-Button-Cell-or-CoinBatte.pdf?VersionId=PyTbnom1OemA3BWl9 Z1lONzTlyqbcthW, and on the January 11, 2023, Staff Briefing Package: Draft Proposed Rule to Establish a Safety Standard and Notification Requirements for Button Cell or Coin Batteries and Consumer Products Containing Such Batteries (Staff’s NPR Briefing Package), available at: https:// www.cpsc.gov/s3fs-public/NoticeofProposed RulemakingSafetyStandardandNotification RequirementsforButtonCellorCoinBatteries andConsumerProductsContainingSuch Batteries.pdf?VersionId=kDinNeydktkt 3T8RRtzN4u1GTXPRjpEl. 4 Reese’s Law states that if the Commission makes a determination with respect to a voluntary standard, the requirements of such voluntary standard shall be treated as a consumer product safety rule promulgated under section 9 of the CPSA (15 U.S.C. 2058) beginning on the later of either (A) the date of the Commission’s determination with respect to the voluntary standard described; or (B) the effective date contained in the voluntary standard. UL 4200A– 2023 does not contain an ‘‘effective date,’’ and the Commission is making this determination after publication of the UL 4200A–2023 standard. Accordingly, the later of the two dates in section (e)(2) of Reese’s Law (15 U.S.C. 2056e(e)(2)) is the date of the Commission’s determination. VerDate Sep<11>2014 20:06 Sep 20, 2023 Jkt 259001 transitional period of enforcement discretion, to begin September 21, 2023. The Commission is issuing a separate final rule, published elsewhere in this issue of the Federal Register, to establish labeling requirements for button cell or coin battery packaging as required by Reese’s Law, because such products are not within the scope of UL 4200A–2023. 15 U.S.C. 2056e(d)(1). Currently the Commission is not finalizing the proposed requirements in the NPR for consumer notification of performance and technical data under section 27(e) of the CPSA; although, the UL 4200A–2023 revision includes some of the notification requirements proposed in the NPR. The name of the rule to be codified in 16 CFR part 1263 reflects this change by removing the phrase ‘‘and Notification Requirements’’; the rule is now entitled ‘‘Safety Standard for Button Cell or Coin Batteries and Consumer Products Containing Such Batteries.’’ I. Statutory and Regulatory Background A. Reese’s Law President Biden signed Reese’s Law on August 16, 2022. 15 U.S.C. 2056e. The purpose of Reese’s Law is to protect children six years old and younger against hazards associated with the ingestion of button cell or coin batteries. Section 5 of Reese’s Law broadly defines a ‘‘button cell or coin battery’’ as ‘‘(A) a single cell battery with a diameter greater than the height of the battery; or (B) any other battery, regardless of the technology used to produce an electrical charge, that is determined by the Commission to pose an ingestion hazard.’’ 5 Thus, the definition of a consumer product with an in-scope battery depends on the shape of the battery (which contributes to the ingestion-related risk) and, as stated in part (B), whether the battery otherwise is associated with an ingestion hazard, which is consistent with the stated purpose in section 2(a)(1) of Reese’s Law.6 15 U.S.C. 2056e(a)(1). Section 2(a)(1) of Reese’s Law mandates that a rule must include performance requirements for button cell or coin battery compartments on 5 The definitions in section 5 of Reese’s Law are codified in the Notes to 15 U.S.C. 2056e. 6 This direct final rule focuses on addressing button cell and coin batteries under part (A) of the definition because other batteries where the diameter is less than the height, such as AAA cylindrical batteries, do not pose the same type or degree of ingestion hazard as button cell or coin batteries. If CPSC becomes aware of a serious ingestion hazard associated with another battery type that is not adequately addressed by voluntary standards, section 2(g) of Reese’s Law allows the Commission to undertake additional rulemaking to address the hazard. 15 U.S.C. 2056e(g). PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 65275 consumer products to secure them in a manner that eliminates or adequately reduces the risk of injury from the ingestion of button cell or coin batteries by children who are six years old or younger, during reasonably foreseeable use or misuse of the product. 15 U.S.C. 2056e(a)(1). Section 2(a)(2) of Reese’s Law mandates warning label requirements in a rule. Warnings are required: • On the packaging of button cell or coin batteries (15 U.S.C. 2056e(a)(2)(A)); • On the packaging of consumer products containing button cell or coin batteries (15 U.S.C. 2056e(a)(2)(A)); • In any literature, such as a user manual, that accompanies a consumer product containing button cell or coin batteries (15 U.S.C. 2056e(a)(2)(B)); • As practicable, directly on a consumer product that contains button cell or coin batteries in a manner visible to the consumer upon installation or replacement of the button cell or coin battery (15 U.S.C. 2056e(a)(2)(C)(i)); • As practicable, in the case of a product for which the battery is not intended to be replaced or installed by the consumer, directly on the consumer product in a manner that is visible to the consumer upon access to the battery compartment, except that if it is impracticable to label the product, this information shall be placed on the packaging or instructions (15 U.S.C. 2056e(a)(2)(C)(ii)). Warning labels required by section 2(b) of Reese’s Law must (1) clearly identify the hazard of ingestion and (2) instruct consumers, as practicable, to keep new and used batteries out of the reach of children, to seek immediate medical attention if a battery is ingested, and to follow any other consensus medical advice. 15 U.S.C. 2056e(b). To address ingestion of button cell or coin batteries, section 2(a) of Reese’s Law requires the Commission to publish a final consumer product safety standard for button cell or coin batteries, and consumer products containing button cell or coin batteries, not later than 1 year after the date of enactment. 15 U.S.C. 2056e(a). However, if the Commission determines before promulgating a rule that an existing voluntary standard meets the performance and labeling requirements in section 2(a) of Reese’s Law, then under section 2(d)(1) of Reese’s Law the requirement for the Commission to promulgate a rule does not apply. 15 U.S.C. 2056e(d)(1). Instead, the Commission must publish such determination of a voluntary standard’s sufficiency in the Federal Register. 15 U.S.C. 2056e(d)(2). As set forth in section IV of this preamble, the E:\FR\FM\21SER3.SGM 21SER3 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations Commission determines that UL 4200A– 2023 meets the performance and labeling requirements in section 2(a) of Reese’s Law with respect to consumer products containing button cell or coin batteries. Section 2(e) of Reese’s Law states that the requirements of a voluntary standard the Commission determines to meet section 2(a) of Reese’s Law shall be treated as a consumer product safety rule promulgated under section 9 of the CPSA (15 U.S.C. 2058) beginning on the date that is the later of either the date the Commission makes the determination under section 2(d), or the effective date in the voluntary standard. 15 U.S.C. 2056e(e)(2). The UL standard does not include an ‘‘effective date.’’ Rather, UL standards are published when approved through a consensus process by a majority vote that meets UL’s procedural requirements.7 Publication of UL 4200A–2023 occurred before publication of the Commission’s determination, and therefore the date of this publication is the relevant effective date for purposes of section 2(e)(2) of Reese’s Law. The Commission makes the determination that UL 4200A–2023 meets the requirements of section 2(a) of Reese’s Law with respect to performance and labeling requirements for consumer products that contain button cell or coin batteries; therefore, by operation of law, UL 4200A–2023 is a consumer product safety rule as of the date of this determination. 15 U.S.C. 2056e(e)(2).8 The Commission additionally is codifying UL 4200A– 2023 into a regulation, and the effective date of the DFR is 30 days from publication, as described in section VII of this preamble. As noted, the Commission is granting a 180-day transitional period of enforcement discretion. Section 2(f)(1) of Reese’s Law establishes a process for subsequent revision of a voluntary standard the Commission has adopted as a mandatory standard under section 2(d). In addition, section 2(g) of Reese’s Law provides that any time after a voluntary standard is treated as a consumer product safety rule under section 2(e), or a revised voluntary standard becomes enforceable as a consumer product safety rule under section 2(f), the Commission may initiate a rulemaking in accordance with 5 U.S.C 553 to modify the requirements of the standard or revised standard. 15 U.S.C. 2056e(g). Section 4 of Reese’s Law specifically exempts from the performance and 7 See ULSE ANSI Accredited Procedures, Approved December 2, 2022, available at: https:// ulstandards.ul.com/wp-content/uploads/2023/03/ ULSEANSIAccreditedProcedures_20221202.pdf. 8 UL 4200A–2023 does not, however, address labeling of battery packaging. Accordingly, in a separate document published elsewhere in this issue of the Federal Register, the Commission is finalizing a rule to require labeling on button cell or coin battery packaging. Notes to 15 U.S.C. 2056e. 9 Consistent with 16 CFR part 1250, a ‘‘toy product’’ is defined as ‘‘any object designed, manufactured, or marketed as a plaything for children under 14 years of age.’’ Notes to 15 U.S.C. 2056e. VerDate Sep<11>2014 20:06 Sep 20, 2023 Jkt 259001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4725 labeling requirements in section 2 of the law, any toy product 9 that is in compliance with the battery accessibility and labeling requirements in 16 CFR part 1250, Safety Standard Mandating ASTM F963 for Toys. Notes to 15 U.S.C. 2056e. However, children’s products that contain button cell or coin batteries and that are not a ‘‘toy product,’’ are required to meet the performance and labeling requirements in this final rule. An example of such products would be children’s apparel, such as shoes, that light up and use a button cell or coin battery as a power source.10 B. Description of the NPR The NPR proposed a rule to address the battery ingestion hazard for children six years of age or younger. The NPR explained that children access button batteries from consumer products that are powered by the batteries, either directly from the battery compartment or because the batteries have escaped from the compartment. 88 FR 8698–99. CPSC has not identified any additional hazard patterns since the NPR. Figure 1 provides examples of button cell and coin batteries, and Figure 2 shows a few examples of consumer products that contain button cell or coin batteries. 10 Section 3 of Reese’s Law requires special packaging for button cell or coin batteries. These requirements, codified in the Notes to 15 U.S.C. 2056e, are self-implementing, and do not require CPSC to issue a rule. Section 3 of Reese’s Law was effective by operation of the statute on February 12, 2023. E:\FR\FM\21SER3.SGM 21SER3 ER21SE23.000</GPH> ddrumheller on DSK120RN23PROD with RULES3 65276 In accordance with section 2 of Reese’s Law, the NPR contained performance and labeling requirements for consumer products that contain button cell or coin batteries. Performance requirements: As required by Reese’s Law, the NPR proposed that consumer products containing button cell or coin batteries require the battery to be secured in a manner that would eliminate or adequately reduce the risk of injury from the ingestion hazard to children during reasonably foreseeable use or misuse conditions. In developing the NPR, the Commission drew upon requirements stated in: • UL 4200A–2020, Standard for Safety for Products Incorporating Button or Coin Cell Batteries of Lithium Technologies (UL 4200A–2020); • ASTM F963–17 Standard Consumer Safety Specification for Toy Safety (ASTM F963); • Voluntary standards referenced by Australian F2020L01656, including: Æ IEC 62368–1:2018 Audio/video, information and communication technology equipment-Part 1: Safety requirements (IEC 62368–1); Æ IEC 62115:2017 International Standard for Electric Toys—Safety (IEC 62115); Æ AS/NZS 60065:2018 Audio, video and similar electronic apparatus— Safety requirements (AS/NZS 60065:2018); and Æ AS/NZS 60598.1:2017 Luminaires Part 1: General requirements and tests (AS/NZS 60598.1:2017). Table 7 of the NPR summarized the Commission’s analysis of the performance requirements in these voluntary standards. 88 FR 8701. Based on the analysis in Tab D of Staff’s NPR Briefing Package, the Commission preliminarily concluded that none of these voluntary standards alone contained performance requirements that are adequate to address the VerDate Sep<11>2014 20:06 Sep 20, 2023 Jkt 259001 requirements in Reese’s Law. 88 FR 8701–02. Therefore, to address the performance requirements mandated in Reese’s Law, the proposed performance requirements in CPSC’s NPR differed from the requirements in the voluntary standards in several ways, including: • Broader scope to match the scope of products covered by Reese’s Law; • Clarification that a locking mechanism requiring two simultaneous and independent actions does not include actions that can be combined into one single action by a single finger or digit, to address poor locking mechanism designs observed in testing; • Addition of the compression test from the ASTM F963–17 toy standard, codified in16 CFR part 1250, to address children pressing on areas of the battery compartment not directly impacted by the drop test; • Requirement that all products, including products weighing more than 18 kg, be subjected to 10 drops; • Addition of the torque and tensile tests from the toy standard to address a child grabbing and twisting or pulling on parts of the battery enclosure or tearing apart soft goods with fingers or teeth. 88 FR 8702–04. Tables 8 and 9 in the NPR, 88 FR 8702, summarized CPSC’s proposed performance requirements for consumer products with replaceable and non-replaceable button cell or coin batteries. Warning label requirements: For consumer products containing button cell or coin batteries, Reese’s Law requires warnings on: • The packaging of consumer products; • Accompanying literature; and • Consumer products, as practicable. 15 U.S.C. 2056e(a)(2). Reese’s Law also requires warnings on packaging of button cell or coin batteries. Id. Warning statements must clearly identify the hazard of ingestion and instruct PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 65277 consumers, as practicable, to keep new and used batteries out of the reach of children, seek immediate medical attention if a battery is ingested, and follow any other consensus medical advice. 15 U.S.C. 2056e(b). The NPR assessed warning requirements in several voluntary standards, and preliminarily concluded that none of the voluntary standards were adequate to meet the requirements in Reese’s Law. Tab C of Staff’s NPR Briefing Package; 88 FR 8704–05. Tables 10 and 11 in the NPR summarized the Commission’s assessment of the warning label requirements in voluntary standards, in relation to the requirements of Reese’s Law. 88 FR 8705. Because none of the voluntary standards met the requirements in Reese’s Law at the time of the NPR, the Commission proposed warning requirements for the packaging of consumer products containing button cell or coin batteries, accompanying literature, and, as practicable, consumer products. 88 FR 8706–09. The NPR also proposed warnings requirements for the packaging of button cell or coin batteries, which are being established by the Commission in a separate final rule. 88 FR 8706–07.11 II. Assessment of Performance and Labeling Requirements in UL 4200A– 2023 Several pertinent voluntary standards have been revised since the NPR published on February 9, 2023. IEC 62368–1 published a new edition 11 The NPR additionally proposed to require point-of-sale warnings of the ingestion hazard and other battery safety information under section 27(e) of the CPSA to improve safety communication to consumers to address the unreasonable risk of injury and death to children from ingesting or inserting button cell or coin batteries into the body, and other hazards. 88 FR 8709–11. The Commission is not finalizing proposed requirements under section 27(e) of the CPSA at this time. E:\FR\FM\21SER3.SGM 21SER3 ER21SE23.001</GPH> ddrumheller on DSK120RN23PROD with RULES3 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 65278 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations (Edition 4, or IEC 62368–1:2023) in May 2023. In January 2023, ASTM balloted a revision to the battery compartment construction requirements in ASTM F963. In April 2023, UL balloted a revised version of UL 4200A, which was further revised and reballoted in July 2023, and comment responses were recirculated in August 2023. UL published its most recent revisions on August 30, 2023, as UL 4200A–2023. Final Rule Briefing Package, the Commission determines that UL 4200A– 2023 meets the performance and labeling requirements in section 2(a) of Reese’s Law as applied to consumer products containing button cell or coin batteries. Table 1a summarizes CPSC’s evaluation of the performance requirements in the updated voluntary standards. Tab E of Staff’s Final Rule Briefing Package contains staff’s detailed assessment of ASTM F963, UL 62368– 1, and the revised IEC 62368–1:2023. Based on staff’s updated assessment of ASTM F963, UL 62368–1, and IEC 62368–1:2023, the Commission cannot determine that any of these standards is adequate to meet the requirements in section 2(a) of Reese’s Law. However, for the reasons stated below and further elaborated in Tab E of Staff’s TABLE 1a—ASSESSMENT OF EXISTING VOLUNTARY STANDARDS’ PERFORMANCE REQUIREMENTS FOR BUTTON CELL OR COIN BATTERIES UL 4200A– 2023 ASTM F963 (Ballot) UL 62368–1 IEC 62368–1:2023 Any ................ Audio/Visual Equipment. A .................... A .................... A. Any. Electronic Toys. A. A. IEC 62115 Scope .................................... Battery Chemistry Type ...... Product Type ....................... Any * .............. Any ................ Any ............... Toys .............. Construction Performance .... Opens with Tool .................. Captive screws .................... Threaded attachment requirements. Opens with two independent and simultaneous movements. Accessibility ......................... Pre-conditioning in oven ..... Open/close and remove/install battery/screw(s) 10 times. Drop test—based on product weight/type. Drop test—based on age grading. Impact Test ......................... Crush Test (big surface area). Torque Test ......................... Tension Test ....................... Tension Test—Seams ......... Compression Test (little surface area). Accessibility Probe Compliance Test. Securement (non-removable batteries). A .................... A .................... A .................... A ................... A ................... ....................... Any ................ Audio/Visual Equipment. A .................... I ..................... I ..................... A .................... O ................... I ..................... I ..................... O. A .................... A .................... A .................... A ................... ....................... ....................... A .................... A .................... A .................... A .................... A. A .................... A. I. A .................... I .................... I ..................... I ..................... I. O .................... I .................... O ................... O ................... O. A .................... A .................... ....................... ....................... A .................... A .................... A .................... A. I. A A A A .................... .................... .................... .................... A. A ................... A ................... A ................... ....................... ....................... I ..................... ....................... ....................... I. A. A. A .................... I .................... I ..................... I ..................... A. A .................... O ................... O ................... O ................... O. Use and Abuse ..................... * Excludes zinc-air batteries, which are not known to be used in consumer products. Blank—Does not address requirements, I—Inadequately addresses requirements, A—Adequately addresses requirements, O—Otherwise adequately addresses requirements. Table 1b, below, summarizes CPSC’s assessment of warning label requirements for consumer products containing button cell or coin batteries in existing voluntary standards. ddrumheller on DSK120RN23PROD with RULES3 TABLE 1b—ASSESSMENT OF EXISTING VOLUNTARY STANDARDS’ LABELING REQUIREMENTS FOR CONSUMER PRODUCTS CONTAINING BUTTON CELL OR COIN BATTERIES ASTM F963 (Ballot) UL 4200A– 2023 ASTM F2999–19 ASTM F2923–20 IEC 62115 UL 62368–1 All. Audio/Visual Equipment. Scope ............................. Battery Chemistry Type Product Type ................. All ............... Toys ........... All * .............. All ................ All ................ Jewelry ........ All ................ Children’s Jewelry. All ............... Toys ........... Labeling .......................... On Consumer Product Packaging. n instructions or accompanying literature. I .................. A ................. ..................... ..................... I. I .................. A .................. ..................... ..................... I .................. VerDate Sep<11>2014 20:06 Sep 20, 2023 Jkt 259001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\21SER3.SGM 21SER3 I. 65279 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations TABLE 1b—ASSESSMENT OF EXISTING VOLUNTARY STANDARDS’ LABELING REQUIREMENTS FOR CONSUMER PRODUCTS CONTAINING BUTTON CELL OR COIN BATTERIES—Continued On consumer product .... ASTM F963 (Ballot) UL 4200A– 2023 ASTM F2999–19 ASTM F2923–20 IEC 62115 .................... A .................. ..................... ..................... .................... UL 62368–1 I. * Excludes zinc-air batteries, which are not known to be used in consumer products. Blank—Does not address requirements, I—Inadequately addresses requirements, A—Adequately addresses requirements. ddrumheller on DSK120RN23PROD with RULES3 Although, as reflected in these tables, UL 4200A–23 satisfies all performance requirements of Reese’s law section 2(a), and the law’s requirements for labeling of consumer products that contain button cell or coin batteries, this UL standard does not address labeling of battery packaging, for which Reese’s Law also has requirements. Below, we address in detail two significant aspects in which the former UL 4200A–2020 fell short of Reese’s Law’s requirements, but that the recent revisions to the standard—as we interpret them—do address adequately. A. Captive Screw Exceptions Section 5.6 of UL 4200A–2020 included an exception from the requirement for fasteners to remain captive to the battery enclosure for large panel doors on large devices, which are not likely to be discarded or left off the equipment. The Commission did not include such captive screw exception in the NPR and stated that the range of products to which that exception would apply is unclear. 88 FR 8703. Section 5.6 of UL 4200A–2023 contains a revised requirement for captive screws. Two related exceptions exist for the requirement, both of which apply only to products containing button cell or coin batteries that are not intended to be replaced by the consumer, and where there are instructions and warnings that clearly state the battery is not to be replaced by the consumer. The first exception applies to products containing button cell or coin batteries ‘‘that can only be accessed through the removal of multiple enclosures or panels using a tool.’’ The second captive screw exception applies to ‘‘products only to be opened by a professional service center (where children are not present).’’ Regarding the first exception, products designed and labeled to not have the battery replaced by the consumer provide the consumer with less incentive or need to access a button cell or coin battery compartment. The requirement to remove multiple enclosures or panels to reach a button cell or coin battery provides an extra layer of protection that prevents VerDate Sep<11>2014 20:06 Sep 20, 2023 Jkt 259001 immediate access to batteries, even if screws to those panels are lost or discarded. CPSC is unaware of ingestion incidents involving access to button cell or coin batteries through multiple enclosures on consumer products. Products that might fit into the first exception include desktop and laptop computers, with batteries that frequently last longer than the product itself. The second exception applies to products ‘‘only to be opened by a professional service center (where children are not present).’’ The text of the UL 4200A–2023 does not further explain this exception. We think it plain, however, that to avoid undermining the safety purpose of the captive screw requirement, the design of the consumer product, as well as its warning language and literature, must be consistent with professional-only access to the battery compartment. Accordingly, we interpret the professional service center exception for captive screws to only apply to consumer products with design and construction characteristics that are inconsistent with consumers accessing the batteries at home, for example by having a battery compartment that cannot be opened with a common household tool such as a straight-blade screwdriver, Phillips screwdriver, pliers, or a coin. For example, watch battery compartments that require a special professional tool to open would not require captive screws. However, watch battery compartments secured only with a straight blade or Phillips screw would not qualify for this captive screw exception, because such a product could be opened by consumers in their homes with readily available household tools. B. Drop Test Requirements To address the accidental liberation of button cell or coin batteries from consumer products, UL 4200A–2020 called for ‘‘portable’’ products to be dropped a total of three cycles in testing, and ‘‘hand-held’’ products a total of 10 cycles. In the NPR, the Commission proposed to require all products within the scope of the rule to be subject to 10 drop cycles. 88 FR 8713. PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 After reviewing the comments received on the NPR (which are discussed in section III below), the Commission agrees that it is appropriate to distinguish between products that are ‘‘portable’’ and those that are ‘‘handheld,’’ provided those definitions are clear and able to be applied consistently. See Tab E of Staff’s Final Rule Briefing Package. Section 4.3A of UL 4200A–2023 now defines ‘‘hand-held product’’ to mean a product that is ‘‘reasonably foreseeable to be used or misused when being held in one or both hands.’’ This category includes only ‘‘[p]roducts specifically designed to be carried easily, with a mass not exceeding 4.5 kg (10 lbs).’’ Section 4.4 of UL 4200A–2023 revises the definition for ‘‘portable device’’ to mean a ‘‘device that is reasonably foreseeable to be routinely carried or lifted as part of its use or misuse but not operated during transit with a mass not exceeding 18 kg (39.7 lb).’’ The Commission concludes that these definitions reasonably distinguish between handheld consumer products that are likely to be handled often and dropped frequently (such as a television remote control, for example), and other products that are moveable but not routinely handheld. The 10-drop requirement applies to the former, while a 3-drop requirement applies to the latter. The Commission determines that this framework in UL 4200A–2023 meets the requirements for Reese’s Law section 2(a). III. Comments on the NPR CPSC received 38 comments during the comment period (four were duplicates), from February 9 through March 13, 2023, and two late-filed comments (one is out-of-scope for this rulemaking). Also, CPSC received nine comments on a separate PRA notice estimating the burden of the proposed rule. Commenters included medical professionals, standards development associations, consumers, consumer advocates, retail and manufacturing associations, and battery and consumer product manufacturers. Thirty-three commenters generally supported the safety purpose and scope of Reese’s Law. Commenters noted the E:\FR\FM\21SER3.SGM 21SER3 65280 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES3 potential deadly risk of injury associated with ingestion and insertion of button cell and coin batteries and their ubiquitous use in many different types of consumer products that are accessible to young children. Medical professionals informed the Commission regarding the difficulty in diagnosing an unwitnessed button cell or coin battery ingestion that requires prompt removal of the battery to prevent life-threatening esophageal burns and soft tissue damage, because the symptoms can mimic other health issues such as colds or upset stomach. Commenters generally supported the development of strong performance and labeling requirements for consumer products to prevent the ingestion hazard, as most button cell or coin battery ingestion incidents involve batteries obtained from consumer products. Many commenters suggested that the CPSC find one of the reviewed voluntary standards adequate to meet Reese’s Law requirements and to adopt a voluntary standard for the rule. Because many of the comments received are relevant to the Commission’s favorable determination on the UL 4200A–23 voluntary standard, we summarize and respond to them here. Comments in Response to Questions on Performance Requirements A. Whether any consumer products (as opposed to medical devices, such as hearing aids) contain zinc-air button cell or coin batteries, and whether such products should be required to meet the performance requirements for battery compartments on consumer products. Comment 1: Other than use in hearing aids, a medical device, no commenters identify any consumer products using zinc-air button cell or coin batteries. An international battery trade association and a coalition of medical and consumer organizations (American Academy of Pediatrics, Consumer Reports, Public Citizen, Consumer Federation of America, Kids In Danger, and U.S. Public Interest Research Group) state that they are unaware of any consumer products (as defined in section 3 of the CPSA, 15 U.S.C. 2052(a)(5)) using zinc-air batteries. The coalition of medical and consumer organizations state that the Commission should reserve the ability to take further action regarding zinc-air button cell and coin batteries. Response 1: Because the Commission is not aware of any consumer products that contain zinc-air button cell or coin batteries and commenters did not submit information regarding such products, and because such batteries present a low risk of causing an VerDate Sep<11>2014 20:06 Sep 20, 2023 Jkt 259001 ingestion hazard as described in Tab C of Staff’s Final Rule Briefing Package, the NPR proposed that zinc-air button cell or coin batteries, and products that use such batteries, should not be subject to the performance requirements in the final rule. Section 1.2 of UL 4200A– 2023 contains a similar zinc-air battery exception. B. Whether any voluntary standard meets the performance and labeling requirements of Reese’s Law. Comment 2: Multiple commenters argue for Commission determinations that various voluntary standards satisfy the requirements of section 2(a) of Reese’s Law. Five commenters (The Toy Association, Retail Industry Leaders Association (RILA), Permanent European Horological Committee (CPHE), Federation of the Swiss Watch Industry (FH), and American Watch Association (AWA)) recommend that CPSC accept the voluntary standard ASTM F963 as adequate to address the risk of ingestion by children. The commenters generally state that ASTM F963 adequately fulfills the objectives of Reese’s Law, and that no data exists to suggest that the standard creates an accessibility hazard for products containing button cell or coin batteries that comply with the standard. However, a coalition of medical and consumer organizations recommend that the ASTM toy standard subcommittee incorporate some of CPSC’s proposed requirements, such as improving testing for fastener retention and threading to avoid stripped screw holes and other possible scenarios that might lend access to the batteries. Five commenters (Garmin International Inc. (Garmin), CPHE, FH, AWA, and TechNet) recommend that CPSC accept the voluntary standard UL 4200A as adequate to address the risk of child ingestion. Four commenters (Japan Electronics and Information Technology Industries Association (JEITA), Consumer Technology Association (CTA), TechNet, and Information Technology Industry Council (ITI)) further state that CPSC should accept IEC 62368–1 or UL 62368–1 as adequate to address the risk of injury for products within the scope of that standard. The Battery Association of Japan (BAJ), Duracell, Energizer, and the National Electrical Manufacturers Association (NEMA) state that CPSC should accept IEC 60086 or ANSI C18 standards as adequate for battery package labeling requirements. Finally, the Power Tool Institute states that the Commission should work with voluntary standards organizations to improve and codify a voluntary standard. PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 Response 2: Reese’s Law states that the Commission can rely on a voluntary standard, rather than drafting and implementing a rule for covered products, if the Commission determines that: (A) the voluntary standard meets the requirements for a standard promulgated under subsection (a) with respect to the products; and (B) the voluntary standard is in effect at the time of the determination, or will be in effect not later than 180 days after August 16, 2022 (February 12, 2023). 15 U.S.C. 2056e(d)(1). The Commission finds that UL 4200A–2023 meets the requirements of Reese’s Law. As set forth in Staff’s Final Rule Briefing Package and summarized in Tables 1a and 1b, however, the Commission does not find that any other voluntary standard, as described by the commenters, is adequate to meet the requirements of Reese’s Law or to address the risk of injury from child ingestion. Tabs D and E of Staff’s Final Rule Briefing Package discuss staff’s updated assessments of the voluntary standards based on feedback received from public comments. None of the commenters provide sufficient analysis, critique, or justification for the Commission to make a determination that any voluntary standard, other than UL 4200A–2023, meets the performance or labeling requirements in Reese’s Law. C. Whether the requirements for accessibility of battery compartments should incorporate test methods commonly used on toy products, such as the torque and tensile tests for parts of the product that can be gripped by a child’s fingers or teeth, or a tensile test for pliable materials. Comment 3: Two commenters (Landsdowne Labs and a coalition of medical and consumer organizations) support the incorporation of test methods commonly used on toy products. Response 3: Incorporating test methods such as torque and tensile tests for parts of a consumer product that can be gripped by a child’s fingers or teeth, or a tensile test for pliable materials, decreases the likelihood of children gaining access to button cell or coin batteries. Based on staff’s assessment of these test methods in the ASTM F963 toy standard, the Commission determines that their inclusion in UL 4200A–2023 adequately tests the durability and integrity of battery compartments in products with pliable materials, such as shirts and greeting cards that light up or make sound using batteries. The Commission agrees with the commenters that these requirements will eliminate or adequately reduce the E:\FR\FM\21SER3.SGM 21SER3 ddrumheller on DSK120RN23PROD with RULES3 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations risk of ingestion in pliable products, as required by Reese’s Law. D. For consumer products that use button cell or coin batteries and have large panel doors, what consumer products have such doors, and should the Commission exclude large panel doors from the requirement for captive screws; why or why not (i.e., why does a large panel door represent a different risk of injury from battery access without using captive screws than a smaller battery compartment door does)? Comment 4: Three commenters (UL Solutions, CTA, and ITI) state that the large panel door exemption from the captive screw requirement exists for products—like desktop computers which commonly use coin batteries on the motherboards to provide backup power—where the panel forms part of system enclosure which is not intended to be opened regularly by the consumer. The commenters state that consumers are unlikely to leave off or discard screws for these large panel doors. ITI notes that UL 62368–1 states that captive screws are for batteries that need to be replaced regularly. Response 4: Section 5.6 of UL 4200A– 2023 states that products containing button cell or coin batteries with large panel doors are excepted from the captive screw requirement as long as the batteries are not intended to be replaced by the consumer. The intent of the captive screw requirement is to prevent consumers from discarding screws securing battery enclosures after battery replacement during the product’s lifetime. For products requiring battery replacement, consumers foreseeably may discard the screws to make replacing the batteries easier, without appreciating the battery ingestion hazard; or consumers may lose the screw and think the product is safe to use without properly securing the battery compartment. However, as explained in section II.A of this preamble, if a product’s battery is not meant to be replaced, consumers are unlikely to open large panel doors to access the battery; therefore, requiring captive screws is not reasonably necessary to address the ingestion hazard in Reese’s Law. Exception 1 in section 5.6 of UL 4200A–2023 provides that captive screws are not required for products containing button cell or coin batteries that are not intended to be replaced by the consumer, and that products containing such batteries that can only be accessed through the removal of multiple enclosures or panels using a tool do not need captive screws. UL 4200A–2023 also requires that to meet VerDate Sep<11>2014 20:06 Sep 20, 2023 Jkt 259001 the exception, such products must have instructions and warnings that clearly state the battery is not to be replaced by the consumer. Such products must also meet use and abuse testing requirements. The Commission determines that the requirements for multiple enclosures in UL 4200A–2023, which can include large panel doors, are adequate to meet the requirements in section 2(a) of Reese’s Law. E. Whether a double-action locking mechanism used to secure battery compartment enclosures, meaning those mechanisms that rely on two independent and simultaneous hand movements to open (versus a screw, for example), should be allowed to secure button cell or coin battery compartments. Comment 5: Two commenters (RILA and The Toy Association) provide comments on whether double-action locking mechanisms, which are more accurately described as ‘‘multi-action’’ locking mechanisms to reflect that there can be more than two motions, should be allowed to secure button cell or coin battery compartments. RILA supports including the option for multi-action locking mechanisms, especially for products where it may not be feasible to secure battery compartments with an enclosure that requires a tool. The Toy Association opines that multi-action locking mechanisms are susceptible to be opened by applying forces in a single action or for one or both mechanisms to be disengaged, reducing the safety or efficacy of the mechanism. The Toy Association also comments that multiaction locking mechanisms may present a ‘‘false positive’’ to the consumer, appearing to be closed but susceptible to opening upon product operation. Response 5: We agree with RILA that multi-action locking mechanisms can be a safe and effective alternative method to securing battery enclosures. Many products that use button cell or coin batteries are small and sometimes may not have enough space in the design to incorporate a screw to secure the battery enclosure. Therefore, providing multiaction locks as an alternative provides industry with some flexibility for designing their products in a safe manner. Staff’s review of consumer products demonstrates a variety of different multi-action locking mechanisms that can be effective. Moreover, both the NPR and UL 4200A–2023 address the Toy Association’s concerns. To address incidents involving multi-action locks that could be opened with a single action, and to ensure consistent and reliable testing, the NPR specified that ‘‘[t]he movements to open cannot be PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 65281 combinable to a single movement with a single finger or digit.’’ 88 FR 8721. Section 5.5(b) of UL 4200A–2023 also contains this language to clarify requirements for multi-action locking mechanisms. Because the actions must be simultaneous, the first action must be maintained while the second and successive actions are completed for the lock to open. If the design of the mechanism allows the battery compartment to open when the first action disengages, the battery compartment does not comply with the requirements of UL 4200A–2023. Therefore, the requirements of the UL standard and this DFR are intended to prevent the scenario envisioned by the Toy Association. Additionally, regarding the Toy Association’s comment on multi-action locking mechanisms presenting a ‘‘false positive’’ in which they appear to be closed, this scenario may occur in both multi-action locking enclosures and enclosures secured via screws or other fasteners. After replacing the battery, consumers may inadvertently neglect to screw or retighten a fastener, leaving the enclosure ineffective. To decrease this risk for all products, regardless of their battery compartment securement design, UL 4200A–2023 requires that all products containing a button cell or coin battery include warnings in product instructions to ensure proper securement of the battery enclosure. Comment 6: Four commenters (coalition of medical and consumer organizations, CTA, the Consumer Safety Consultancy (CSC), and Mark Strauch) recommend adding tests to prove the effectiveness of multi-action locking mechanisms because, for example, locking mechanisms requiring a push and turn could be opened accidentally. CTA opines that specifying independent hand movements cannot be combinable to a single movement is redundant, because if the end point of the first movement is the starting point of the second movement, then the movements would not be independent. CSC recommends that the requirement for multi-action locking mechanisms be revised to require independent and sequential motions rather than independent and simultaneous motions as proposed in the NPR. Strauch comments that the NPR’s clarification that ‘‘[t]he movements to open cannot be combinable to a single movement with a single finger or digit’’ is unnecessary and is an enforcement issue rather than an issue with the standard. Response 6: Multi-action locking mechanisms that secure button cell or coin battery compartments are adequate E:\FR\FM\21SER3.SGM 21SER3 ddrumheller on DSK120RN23PROD with RULES3 65282 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations to prevent access to children, so long as the actions cannot be combinable into one single action. Through testing, CPSC staff identified multiple products that were designed with the intent of requiring two independent actions to open the battery compartment that could be defeated by applying a single force to disengage the lock and expose the battery. Accordingly, the NPR included an additional clarification specifying, ‘‘[t]he movements to open cannot be combinable to a single movement with a single finger or digit.’’ This requirement addresses the concerns from the coalition of medical and consumer organizations’ comment that locking mechanisms that require a push and turn could be accidentally opened. The Commission disagrees with commenters that a final rule should require independent sequential actions, rather than simultaneous actions, because sequential actions can be achieved more easily than simultaneous actions. The requirement for at least two independent and simultaneous actions allows for sequential actions, so long as the first action is held by the consumer while the second action occurs. Independent sequential actions, by contrast, would not require that the first action be held by the consumer while the second action occurs for the battery compartment to open, making the scenario of a child accidentally opening the battery compartment more likely. UL 4200A–2023, as incorporated into this DFR, requires two independent and simultaneous movements that cannot be combined into a single movement. This requirement adequately addresses the risk of opening by young children or inadvertent action by older consumers, and provides testing laboratories with clearer criterion for assessing the adequacy of multi-action locking mechanisms. F. Whether the proposed secureness test based on UL 4200A–2020 is sufficient to address reasonably foreseeable use and abuse of consumer products containing non-removable batteries. Comment 7: ITI asked for clarification on how the secureness test is applied to products, questioning whether the force application per the secureness test is to the exterior battery enclosure or to the battery itself. Response 7: Under § 1263.3(f) of the NPR’s proposed rule, the secureness test was applicable only to button cell or coin batteries that are accessible based on proposed § 1263.3(d), which specifies removing ‘‘any part of the battery compartment enclosure that can be opened or removed without a tool or VerDate Sep<11>2014 20:06 Sep 20, 2023 Jkt 259001 that can be opened or removed with anything less than two independent and simultaneous movements.’’ Section 6.4 in UL 4200A–2023 contains a similar requirement. After removing any components, testers should apply an accessibility probe to any opening of the battery compartment. If the probe makes contact with any battery, the battery is considered accessible, and the secureness test applies a force, directed outwards, using the test hook on the battery itself at all points where an application of a force is possible. This step is intended to demonstrate that the battery cannot be liberated from the product. Comment 8: The CTA and ITI comment that the NPR incorrectly states that UL 4200A–2020 and IEC 62368–1 do not require abuse testing for products with button cell or coin batteries ‘‘that are held fully captive by soldering, fasteners, or any equivalent means.’’ The commenters explain that UL 62368–1 requires robustness tests for solid safeguards which address accessibility of other hazards such as shock, fire, mechanical, and burn. The commenters state that these requirements are independent of the button cell or coin batteries because they are general requirements for all solid enclosures or barriers. Response 8: The commenters are correct. UL 62368–1 requires all products containing solid safeguards to comply with the standard’s relevant robustness tests, which include a steady force test (i.e., small surface compression test), drop test, impact test, and other abuse tests based on the specific construction materials (such as glass or thermoplastic). These tests are required regardless of whether the product contains a button cell or coin battery. CPSC staff considered these comments in its revised appraisal of UL 62368–1 and concluded that the securement test was otherwise adequately addressed with other requirements in the standard. See Briefing Memorandum of Staff’s Final Rule Briefing Package. CPSC’s proposed rule required products with non-removable button cell or coin batteries that are secured to the product via soldering, fasteners, or equivalent means to comply with the secureness test in § 1263.3(f), and not to the abuse testing in § 1263.3(e). UL 4200A–2023 requires that button cell or coin batteries held fully captive by the use of soldering, fasteners such as rivets, or equivalent means must pass the secureness test in section 6.4 of UL 4200A–2023. This requirement is similar to the NPR’s approach and is PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 adequate to meet the requirements in Reese’s Law. G. Whether Test Probe 11 of the Standard for Protection of Persons and Equipment by Enclosures—Probes for Verification, IEC 61032, is adequate to verify accessibility of a button cell or coin battery in a battery compartment. Comment 9: Three commenters (CTA, ITI, and UL Solutions) recommend applying a 45 N force application with Test Probe 11 per UL 62368–1 and UL 4200A–2020 to determine whether a battery can be liberated from a consumer product by children up to age six. CTA and ITI opine that the 50 N force in the NPR’s proposed rule, which was based on IEC 62115, is intended for a scope of children up to 14 years old, and is too great because Reese’s law is intended to protect children up to age six. Furthermore, they state the lack of incidents involving products certified to the 45 N requirement is evidence of adequacy. UL Solutions opines that the toy standard containing the 50 N force, IEC 62115, was developed based on the expectation that toys are continually used by children over its lifetime; whereas UL 4200A–2020 was developed assuming that children would likely come into contact with in-scope products, but not continually over the product’s lifetime. Response 9: Section 6.3.5.1 of UL 4200A–2023 requires the higher force of 50 N based on requirements in IEC 62115 and IEC 61032. We disagree that the 45 N test in UL 4200A–2020 is adequate because the standard was developed for products that are not continuously used by children over a product’s lifetime. The 50 N compliance test accounts for reasonable, foreseeable use and abuse over the course of a product’s lifetime, presuming that most consumer products are likely to be accessible to children. Indeed, most of the incident data for button cell and coin battery ingestions involve batteries liberated from consumer products by children, including products that are not intended to be used by children. UL 4200A–2023 now relies upon the test probe in IEC 61032, which specifies a force of 50 N. This higher force will adequately protect against children accessing button cell or coin batteries from consumer products during reasonably foreseeable use and misuse conditions, as required by Reese’s Law. H. Whether there are any additional performance requirements that should be considered, either for specific types of products, or in general. Comment 10: A coalition of medical and consumer organizations recommends adding a test to prove the effectiveness of multi-action locks. They E:\FR\FM\21SER3.SGM 21SER3 ddrumheller on DSK120RN23PROD with RULES3 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations add that small, disc-shaped products that require a push and turn doubleaction can be mimicked by a child putting their hand on the product, putting the product on the floor, and then turning. Response 10: As explained in response to comments five and six, we agree that some multi-action locking mechanisms can be defeated by applying a single force, effectively combining the two motions of a doubleaction lock. For this reason, the proposed rule and UL 4200A–2023 clarify that ‘‘[t]he movements to open cannot be combinable to a single movement with a single finger or digit.’’ Based on staff’s testing and review of consumer products, the Commission finds this clarification adequate for test laboratories to determine the effectiveness of multi-action lock designs without additional testing. Comment 11: Two commenters (a consumer and CTA) discuss the requirement for twist-on enclosures requiring a minimum of 90° rotation to remove. The consumer commenter recommended that a 90° rotation is insufficient whereas CTA considers this requirement adequate. Response 11: The requirement for minimum rotation angle for twist-on enclosures is based on a requirement in section 5.5(a) of UL 4200A–2020. This requirement is maintained in section 5.5(a) of UL 4300A–2023. Based on staff’s testing and the lack of more stringent requirements in any other standards, CPSC does not have any data to support a greater rotation angle to prevent children ages six years and younger from accessing the button cell or coin battery. Accordingly, the Commission finds the 90ßrotation angle requirement as set forth in UL 4200A– 2023 compliant with Reese’s Law section 2(a). I. Whether one or more performance requirements should be based on IEC 62368–1, in addition to, or instead of, performance requirements based on UL 4200A–2020. Comment 12: Two commenters (ITI and Garmin) discuss the fastener torque requirements based on Table 20 of UL 60065. ITI comments that the torque requirements in § 1263.3(e)(1)(ii) for fasteners based on Table 20 of the Standard for Audio, Video and Similar Electronic Apparatus—Safety Requirements, UL 60065, are outdated and superseded by Table 37 of the Standard for Safety: Audio/Video, Information and Communication Technology Equipment—Part 1: Safety Requirements, UL 62368–1. Garmin comments that the fastener torque requirements from Table 20 of UL 60065 VerDate Sep<11>2014 20:06 Sep 20, 2023 Jkt 259001 do not consider small fasteners that cannot withstand the specified torque values. Response 12: Commission staff advises that Table 20 of UL 60065 is superseded by Table 37 of UL 62368–1 as noted by ITI and Garmin, and recommends updating this reference table. While UL 4200A–2023 does not include this update, the comments do not suggest that this constitutes a failure to satisfy the requirements of Reese’s Law. Further, we disagree with Garmin’s position that Table 20 of UL 60065 (and similarly Table 37 of UL 62368–1) do not account for small fasteners. The torque values in these tables are dependent on the size of the fasteners, with the lowest torque requirement of 0.4 Nm for fasteners up to 2.8 mm in diameter. As discussed in Tab D of Staff’s NPR Briefing Package, fasteners that do not meet the minimum required torque often fail the preconditioning and abuse tests and therefore are inadequate to secure battery compartments and reduce the battery ingestion risk to children. J. Whether the proposed performance requirements are needed and are likely to eliminate or adequately reduce the ingestion hazard associated with access to button cell or coin batteries from consumer products. Comment 13: Three commenters (CPHE, FH, and AWA) opine that watches present a significantly lower risk than other products containing button cell or coin batteries. These commenters recommend imposing different requirements for accessing the battery for products designed to be opened by consumers versus those intended to be opened only by professionals. The commenters state that most watches are intended to be opened by professionals because watches cannot be opened without the use of special tool that is not commercially available; therefore, the risk that screws or the battery cover could be lost or discarded by consumers does not exist. Moreover, the commenters opine that the NPR’s proposed securement requirements are not feasible for watches because of the limited space within the product to implement more complex designs. The Switzerland Federal Department of Economic Affairs, Education and Research (Switzerland) similarly asks why the NPR does not differentiate the requirements for the removal or replacement of the button cell or coin batteries by the consumer themselves from removal by professionals. Response 14: The NPR proposed that watches would be required to comply PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 65283 with the requirements of § 1263.3(b) for removable batteries, which requires (1) twist-on covers with minimum torque of 0.5 Nm to open and a minimum angle of rotation of 90°, or (2) fasteners must engage a minimum of two full threads and be held captive to the closure. We agree, however, with the commenters that products containing button cell or coin batteries that require a special tool to access, and can only be replaced by professionals, should have different requirements for battery accessibility than products with consumerreplaceable batteries. In particular, because the risk of discarding or losing an enclosure screw is low for products intended to only be opened by professionals, it is not reasonably necessary to impose a captive screw/ fastener requirement for such products to reduce the risk of injury to young children. Unlike the NPR, UL 4200A–2023 contains different requirements for products with battery compartments only intended to be opened by a professional service center where children are not present. As explained in section II.A of this preamble, CPSC interprets UL 4200A–2023 consistent with its purpose, so that battery compartments intended to only be opened by a professional service center must have both appropriate labeling and inability for the battery compartment to be opened using a common household tool, such as a straight-blade screwdriver, a Phillips screwdriver, pliers, or a coin. Battery compartments that cannot be opened with a common household tool and have warnings stating that the battery is not to be replaced by the consumer are less likely to be opened by a consumer, and therefore do not need to have captive screws to address the ingestion hazard. At the same time, products intended to be opened only by professionals can be opened through reasonable, foreseeable use and abuse, exposing the button cell or coin battery. Accordingly, UL 4200A– 2023 reasonably requires use and abuse testing for these products, to reduce the risk of children under six years old accessing a battery from a battery compartment. Comment 15: JEITA requests an exemption from the scope of the rule implementing Reese’s Law for products that use button cell or coin batteries that are not intended to be replaced by the user or cannot be removed (i.e., userinaccessible). JEITA notes that IEC 62368–1 does not apply tests and warning label requirements if button cell or coin batteries cannot be removed because such products do not present a battery ingestion risk. E:\FR\FM\21SER3.SGM 21SER3 65284 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES3 Response 15: Reese’s Law defines ‘‘consumer products containing button cell or coin batteries’’ as ‘‘a consumer product containing or designed to use one or more button cell or coin batteries, regardless of whether such batteries are intended to be replaced by the consumer or are included with the product or sold separately.’’ Notes to 15 U.S.C. 2056e. Therefore, the Commission’s implementing rule must address batteries that are not intended for consumer replacement. Moreover, we disagree with JEITA that all products containing button cell or coin batteries that are not intended to be replaced are adequately safe under Reese’s Law. Consumer products may experience use and abuse during the product’s life that may result in batteries becoming dislodged or otherwise accessible to children, even if the batteries are not intended to be user replaceable. For example, incident narratives collected by CPSC describe products without replaceable batteries that fall apart when dropped. See Footnote 1 in Tab A of Staff’s Final Rule Briefing Package. Comment 16: Two commenters (CTA and ITI) recommend that a drop test with three repetitions is adequate for some products. While the commenters state that they agree that ten total drops, as proposed in the NPR, are appropriate for hand-held products such as remote controls, they recommend that three drops are adequate for other portable products such as equipment that is transportable but not intended to be held in hand while in use. Response 16: As explained in section II.B. above, we agree that requiring ten drops for all consumer products is not reasonably necessary to reduce the risk of button battery access to children. UL 4200A–2023 requires a different number of repetitions for the drop test, based on whether a product is considered ‘‘handheld’’ or ‘‘portable.’’ Per UL 4200A– 2023’s drop test requirements, portable products are dropped three times and hand-held products are dropped ten times. The Commission finds that the approach taken in UL 4200A–2023 is reasonable and adequately protective under Reese’s Law. Comments in Response to Questions on Marking and Labeling Requirements K. Whether staff’s assessment [in section V.F of the NPR preamble] that virtually all consumer products can accommodate either the full warning or one of the scaled icons is accurate. Comment 17: Four commenters (The Toy Association, CTA, ITI, and RILA) do not support on-product warning labels, citing limitations due to small product size. Other concerns presented VerDate Sep<11>2014 20:06 Sep 20, 2023 Jkt 259001 by commenters pertain to textured surfaces, product material, or unspecified ‘‘other’’ limitations. The Toy Association asserts that labeling requirements will add significant costs in terms of timing, tooling, and molding. Four commenters (JEITA, CTA, Household & Commercial Products Association (HCPA), and ITI) request exemptions from on-product labeling where button cell or coin batteries are not accessible and not intended to be replaced by the consumer. Response 17: Reese’s Law requires that, where practicable, warning labels be placed directly on a consumer product in a manner that is visible to the consumer upon installation or replacement of the battery. Even for products with non-replaceable batteries, Reese’s Law requires warning labels to be placed in a manner that is visible upon access to the battery compartment, where practicable. As summarized in Table 1b above, UL 4200A–2023 satisfies Reese’s Law’s requirements for warning labels on consumer products and consumer product packaging. L. Whether the internationally recognized safety alert symbol, as shown in yellow color, indicating the presence of a button cell or coin battery, should be required on all consumer products containing such batteries. Comment 18: A coalition of medical and consumer organizations, RILA, and Landsdowne Labs support on-products alert symbols as some consumers are not aware that the product uses a button cell or coin battery. JEITA and ITI propose products that do not have user accessible batteries be exempt from requiring an alert. Garmin does not support the use of a color for alert symbol on the product. Response 18: Reese’s Law requires products containing button cell or coin batteries not intended for consumer replacement to have a warning label on the consumer product in a manner that is visible to the consumer upon access to the battery ‘‘as practicable.’’ 15 U.S.C. 2056e(a)(2)(C)(ii). If it is impracticable to label the product, this information must be placed on the packaging or instructions. Id. Section 7 of UL 4200A– 2023 meets these requirements. The Commission’s NPR proposed an alternative to the on-product warning label to increase the visibility that a product contains a button cell or coin battery and likelihood for all products to feature an alert where it otherwise may not be practicable. However, based on the comments, the proposed yellow color may not be clear or appropriate in all cases. Section 7B of UL 4200A–2023 does not require use of the yellow color PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 unless the label already uses more than one color. Comments in Response to Questions on Other Topics Posed in the NPR M. Whether a later or an earlier effective date would be appropriate to comply with the proposed requirements and to provide specific information to support such a later or an earlier effective date. Comment 19: Commenters differed in their recommendations for an effective date for a final rule of the Commission, from the proposed 180 days (consumer advocates) to up to 3 years (manufacturer associations). A few commenters provided detailed timelines of the necessary activities (product redesign, testing, certification sourcing, supply chain management, etc.) which ranged from 12 months to 36 months in total. A commenter also contended that additional time is required to accredit third party laboratories for a large variety of product types. Energizer and NEMA request that battery manufacturers be allowed to sell through their existing stocks of childresistant packaging and labels that were purchased to comply with section 3 of Reese’s Law. Response 19: Because the Commission determines that UL 4200A– 2023, which is currently effective as a voluntary standard, meets the performance and labeling requirements in section 2(a) of Reese’s Law with regard to consumer products containing button cell and coin batteries, section 2(e) of Reese’s Law states that UL 4200A–2023 is treated as a consumer product safety rule as of the date of the Commission’s determination. 15 U.S.C. 2056e(d) and (e). However, because the Commission is codifying its incorporation of UL 4200A–2023 in the Code of Federal Regulations, the DFR provides a 30-day effective date for that new rule. As noted, moreover, the Commission is granting a 180-day transitional period of enforcement discretion. N. In the initial regulatory flexibility analysis (IRFA), the number of small firms impacted and expected cost impact on small firms (as a percentage of annual revenue) of the proposed rule. Comment 20: One firm commented that staff’s estimate of a testing cost of $150 to $350 is too low and that a quote received by the firm to perform similar tests exceeded staff’s estimate by more than $1,650 per sample tested. The firm stated this would pose a substantial burden to the firm as they do not possess the necessary skill set or expertise to mitigate these costs by E:\FR\FM\21SER3.SGM 21SER3 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES3 developing a reasonable testing program in lieu of performing third party testing. Response 20: The Commission’s determination regarding UL 4200A– 2023 is not required to be done through notice and comment rulemaking, and thus we have no requirement to provide a final regulatory flexibility analysis (FRFA) for this DFR. Nevertheless, staff collected an additional price quotation from an accredited test laboratory and revised the estimated testing cost from $150 to $350 per sample to $150 to $460 per sample, as presented in Tab F of Staff’s Final Rule Briefing Package. Staff’s revised estimate is lower than the estimate provided by the commenter, which we do not find credible as a representative cost. Comment 21: One firm (Nite Ize) commented that CPSC failed to account for potential costs related to patent filing and enforcement. The firm expressed concern that current product patents for novel product lines would need new filings to provide robust intellectual property protection. Response 21: CPSC has not been provided with sufficient information to assess whether current consumer product patents would lose any or all value due to the implementation of Reese’s Law, or whether a new patent filing would be required to legally enforce intellectual property rights. We note, however, that a new patent filing could provide a longer period of protection, which could mitigate any loss in the value of prior patents. Comment 22: Nite Ize and the Toy Association state that the IRFA’s cost per product line estimates for research, development, and retooling are too low as CPSC failed to account for product lines that require unique solutions. Response 22: While a FRFA is not required, commenters do not provide specific alternative cost estimates or justification of their view. Comments Addressing Other Issues O. International regulations. Comment 23: Garmin and RILA support harmonization with Australia’s regulations addressing performance and labeling requirements for products containing button cell or coin batteries. Response 23: Reese’s Law requires the Commission to promulgate a rule that contains a performance standard that will eliminate or adequately reduce the risk of injury from button cell or coin battery ingestion and warning labels. Reese’s Law allows the Commission to rely on a voluntary standard if it determines that a voluntary standard would meet the performance and labeling requirements for a standard issued under section 2(a) of Reese’s VerDate Sep<11>2014 20:06 Sep 20, 2023 Jkt 259001 Law. 15 U.S.C. 2056e(d)(1). The Australia regulation is not a voluntary standard. However, for the NPR, CPSC staff reviewed the voluntary standards referenced by the Australian regulation, and the Commission preliminarily determined that none of those standards met the requirements of Reese’s Law. Tabs D and E of Staff’s Final Rule Briefing Package, and section II of this preamble, contain updated assessments of the voluntary standards, including UL 4200A–2023, which is adequate to meet the performance and labeling requirements in section 2(a) of Reese’s Law. P. Silver-oxide battery chemistries. Comment 24: CPHE, FH, AWA, and Renata SA state that silver-oxide button cell and coin batteries should be excluded from a Commission rule implementing Reese’s Law because of a lack of fatal incident data with these batteries and children’s inability to access these batteries in watches. Duracell states that silver-oxide batteries should contain different warnings than lithium batteries because they are lower voltage. Switzerland asks whether silver oxide batteries could be excluded from the rule. Response 24: As reviewed in Tab C of Staff’s Final Rule Briefing Package, Jatana et. al. (2017) found in testing using an animal model that silver-oxide button or coin cell batteries caused severe esophageal injuries. Based on the medical literature, staff does not recommend excepting silver-oxide batteries from the scope of the final rule, and UL 4200A–2023 does not contain such an exception. Q. Firearm accessories and other household products containing button cell or coin batteries. Comment 25: Bushnell states that firearm accessories appear to be subject to the proposed requirements, and that the firearm itself is intended to act as the battery door or cover for these products. Response 25: Modular consumer products or component parts of consumer products containing button cell or coin batteries, like the firearm accessories described by the commenter, must meet the same requirements as other consumer products, independent of their intended use. Modular consumer products can be attached to or installed by a consumer on other products to change the host product’s design or capabilities. A modular consumer product, however, could foreseeably remain unattached from the product(s) it is designed to complement. To eliminate or adequately reduce the risk of injury from battery ingestion, these products must independently PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 65285 meet the performance requirements in the final rule, to prevent unintended access to button cell or coin batteries by children. Comment 26: A consumer safety consultant (Mary Toro) and RILA state that some products containing button cell or coin batteries are made of fragile materials (such as glass or ceramic materials) that are likely to break during the proposed testing protocol. RILA states that the testing proposed in the NPR is not appropriate for these products, and that alternative test methods should be allowed for such products. Response 26: The performance requirements in UL 4200A–2023 are likely to cause products made of materials like glass or ceramic to break. Because it is also reasonably foreseeable that a glass or ceramic product may break if knocked to the ground or dropped, which could make accessible to a child a button cell or coin battery contained inside, the button cell or coin battery could be further contained in a battery compartment that meets the requirements of the final rule. The manufacturer can test its product to ensure the product meets the requirements of the final rule, or use in its product a battery compartment that has already been tested or certified to the requirements, as allowed by 16 CFR part 1109. R. ‘‘Try Me’’ buttons. Comment 27: A consumer asks for clarification whether ‘‘Try Me’’ buttons containing button cell or coin batteries, that are used only in stores and not intended for sale, are within the scope of the final rule. UL Solutions states that products can incorporate ‘‘Try Me’’ buttons in retail displays or as part of product packaging, and their disposal should be addressed. Response 27: ‘‘Try Me’’ buttons are within the scope of the final rule because they are consumer products that are used by consumers. Purchase of a product is unnecessary to be considered a ‘‘consumer product’’ under CPSC’s jurisdiction. 15 U.S.C. 2052(a)(5) (stating, inter alia, that a consumer product is for ‘‘the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise.’’). Consumers, including children, are subject to hazards associated with ‘‘Try Me’’ buttons. ‘‘Try Me’’ buttons may experience drops, impacts, and other patterns of use and abuse similar to any other product within the scope of the final rule and are therefore subject to the rule. In fact, CPSC is aware of at least E:\FR\FM\21SER3.SGM 21SER3 ddrumheller on DSK120RN23PROD with RULES3 65286 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations one incident involving a coin battery from a ‘‘Try Me’’ button.12 S. Use of color in the requirements for marking and labeling. Comment 28: Several commenters (JEITA, Duracell, Garmin, HCPA, and CTA) state that the use of color on packing, instructions, or manuals, and on some consumer products, would be challenging and add costs to the manufacturing and printing process, particularly for those materials that do not already incorporate color. Duracell and Technet also stress that various product safety standards (e.g., ASTM F963, ANSI C18.3, or ANSI Z535 series) do not mandate the use of colors and accept black and white printing or contrasting colors to the background. Commenters state, however, that if color is used for the signal panel, then colors should conform to ANSI Z535.1 safety colors that correspond to the safety message. The Toy Association and RILA state that the use of color may not be reasonable to print on certain product materials, for example, colored or textured plastics. Response 28: Applying color to some materials (e.g., consumer product packaging, manuals, or other collateral material) that do not already contain color may present a burden to some manufacturers. UL 4200A–2023 requires the use of color when the subject materials already use printed color processing; otherwise, the use of black and white or contrasting colors is acceptable. The use of color is not specified in Reese’s Law; thus this variation from the NPR does not conflict with the statute and is safety neutral because the label or icon will visually align with other information on the display while ensuring that it is noticeable due to its contrast or color. T. Text size, icons, and alternative symbols for marking and labeling. Comment 29: Renata Batteries, ITI, The Toy Association, RILA, BAJ, and Duracell express cost concerns with increased packaging sizes required to accommodate larger warning labels and font sizes, especially for small products. Another commenter states that the minimum letter size requirements for packaging warnings may make other warnings on product packaging less prominent. Response 29: The NPR proposed that font size requirements for both onproduct and on-packaging warning labels be determined based on the size of the principal display panel (generally the front face) of the package or the product display panel (such as the 12 See Footnote 6 in Tab A of the Staff’s Final Rule Briefing Package. VerDate Sep<11>2014 20:06 Sep 20, 2023 Jkt 259001 surface area on, near, or in the battery compartment). Reese’s Law requires that warning labels clearly identify the hazard of ingestion, and this requirement is met when warning labels are displayed prominently on the principal display panel. For very large products or packages with principal display panels exceeding 400 inch2, the required letter size could be larger than standard font sizes usually referenced in other standards. UL 4200A–2023 contains the same size requirements set forth in the NPR. The minimum letter size is comparable to font sizes in other standards, and therefore of similar prominence when displayed on the same panel. The largest packaging will have ample room for additional warnings that are of comparable size to the requirements in the NPR. This level of prominence is appropriate to inform consumers which products contain button cell or coin batteries and to adequately reduce the risk of injury from ingestion. Comment 30: A consumer (Fo Xu) asks how to determine the size of the text for consumer products and its packaging and whether it is acceptable to use smaller size labels on the consumer products. Energizer requests clarification whether CPSC will identify the surface size for which the alternative on-product label can be used, or whether manufacturers can use reasonable judgement. Response 30: The NPR proposed that consumer products be durably and indelibly marked with a warning label on the product display panel that alerts the consumer of the presence of a button cell or coin battery. ‘‘Product display panel’’ was defined in proposed § 1263.2(f). The NPR proposed that text size be determined based on table 1 in the regulation text, or if on a sticker label, using the minimum size requirements in § 1263.4(a)(7). UL 4200A–23 incorporates these requirements from the NPR. The minimum text size is dependent on the size of the principal display panel or the product display panel. Manufacturers can use alternative on-product labels in situations where the full label does not fit in the measured product display panel area, as described in UL 4200A– 2023. Comment 31: The Toy Association recommends that for consumer product packaging and instructions, the ‘‘Keep Out of Reach’’ icon be changed to the safety alert symbol for coin batteries because the intent of the icon is not to keep the consumer product away from children. Response 31: We agree with the commenter. Some products that contain PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 button cell or coin batteries are intended for use by children, so using the ‘‘Keep Out of Reach’’ icon on those products may confuse consumers by appearing to instruct caregivers to keep the product, rather than the battery, away from children. To prevent consumer confusion, UL 4200A–2023 provides the option of replacing the ‘‘Keep Out of Reach’’ icon on consumer product packaging, as well as instructions, with the safety alert symbol to indicate ‘‘Warning: Contains Coin Battery.’’ Accordingly, manufacturers will have a choice based on the product’s intended user. See Tab D of Staff’s Final Rule Briefing Package for a more detailed discussion of this issue. Comment 32: CTA states that in the NPR the proposed symbol for ‘‘Warning: Contains Coin Battery’’ has a different aspect ratio and is rotated farther than the internationally accepted symbols for coin and button cell batteries and that the symbol should match internationally recognized symbols. Response 32: While UL 4200A–2023 includes the icon from the NPR, the button cell or coin battery portion of the symbol can be replaced with other internationally recognized symbols in ISO 7000–W0001 and IEC 60417–6367, to have consistency. U. Tolerances for values specified in the proposed rule. Comment 33: ITI comments that the proposed rule did not include tolerances for its specified values and opines that the purpose of tolerances is to give reasonable allowances (e.g., manufacturability and testability) that will not have a significant impact on test results. The commenter contends that eliminating tolerances could force unnecessary retesting or could make it impractical to apply the test without custom test equipment. ITI recommends including tolerances in the rule that align with voluntary standards. Response 33: Because the Commission is incorporating by reference UL 4200A–2023 as the mandatory standard, tolerances as stated in the UL standard are included in the final rule. V. Warning label permanency. Comment 34: RILA states that the permanency requirement for warning labels in the NPR is unclear. One commenter recommends on-product permanency be tested in accordance with the test requirements in UL 62368– 1, section F.3.9. Response 34: We agree with the commenter that on-product warning label permanence should comply with the test requirements in UL 62368–1: F.3.9. This test evaluates the legibility of printed or screened markings and E:\FR\FM\21SER3.SGM 21SER3 ddrumheller on DSK120RN23PROD with RULES3 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations ensures adhesive labels cannot be easily removeable by hand. Section 7D of UL 4200A–2023 includes requirements for label permanence. All warning statements or icons shall be prominent, legible, easily discernable under normal lighting conditions, and permanently marked; and printed and screened markings are tested in accordance with the label permanency test method adapted from UL 62368–1, section F.3.10 (consistent with the requirements in UL 62368–1: F.3.9). W. CPSC’s statutory authority. Comment 35: The AWA filed a late comment stating that certain parts of the NPR’s proposed rule relating to securement of battery compartments constitute design or construction standards, which are not allowed by the CPSA or Reese’s Law. Response 35: To meet the performance requirements in UL 4200A–2023 for securement of battery compartments, manufacturers may choose to use either any type of fastener that requires a tool of the manufacturers’ choice, or a multi-action locking mechanism. The market already employs many different battery compartment enclosure designs that depend on the size, shape, and materials of the consumer product. For example, remote controls include battery compartments that are either secured with screws or that slide out of the base (and typically require two independent and simultaneous actions to do so); many garage door openers require a tool to open but do not use screws or twiston access covers; and battery compartments in light-up clothing are frequently stitched into the clothing. Additionally, the UL 4200A–2023 performance requirements specify that battery compartments for replaceable batteries using screws or fasteners are to remain captive to the battery compartment door, cover, or closure when loosened. These performance requirements do not specify how the manufacturer must design the battery compartment to ensure the screw or fastener remains captive. Many possible solutions exist, including a retaining washer, a press fit cap, a tether, or other means. X. Product categories. Comment 36: In response to the April 11, 2023 Federal Register notice requesting comment on the Paperwork Reduction Act (PRA) burden associated with non-children’s products subject to the proposed rule (88 FR 21652), the China National Center of Standards Evaluation and P.R. China suggest that products be categorized by risk level depending on how frequently a child comes into contact with the products, VerDate Sep<11>2014 20:06 Sep 20, 2023 Jkt 259001 and that CPSC should develop a list of products to which the regulation applies. Response 36: Although this comment was filed in response to the PRA notice, the comment is about the substance of the rule. The commenters’ suggestion to broadly qualify implementation of Reese’s Law is contrary to the requirements of the statute, which requires CPSC to promulgate a rule or identify a voluntary standard, with performance and labeling requirements, for all consumer products that contain or are designed to use button cell or coin batteries. The rule or voluntary standard must eliminate or adequately reduces the risk of ingestion to children six years old or younger during foreseeable use and misuse conditions. Accordingly, the Commission will not adopt the commenters’ suggestion to exclude from the Commission’s implementation of Reese’s Law a potentially large number of consumer products that are covered by the law and present at least some degree of ingestion hazard. Y. Toy products. Comment 37: In response to the April 11, 2023, Federal Register notice requesting comment on the PRA burden associated with non-children’s products subject to the proposed rule (88 FR 21652), Switzerland asks why products containing button cell or coin batteries that are subject to Reese’s Law must fulfill more stringent requirements than those imposed for toys that are compliant with the toy standard of ASTM F963, as incorporated by reference in 16 CFR part 1250. Response 37: Although this comment was filed in response to the PRA notice, the comment is about the substance of the rule and not about the paperwork burden. Section 4 of Reese’s Law, Notes to 15 U.S.C. 2056e, specifically exempts ‘‘any toy product that is in compliance with the battery accessibility and labeling requirements’’ of 16 CFR part 1250. Accordingly, toy products are not within the scope of the rule and are already covered by the existing toy standard. However, we agree with the commenter that the requirements for children’s and non-children’s products that contain button cell or coin batteries that are subject to this final rule are more stringent than those imposed for toys. On March 20, 2023, CPSC staff sent a letter to the ASTM F15.22 toy subcommittee requesting that the subcommittee consider changes to ASTM F963 which would adequately PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 65287 address incidents and hazards involving toys.13 Comments Addressing the PRA Z. The accuracy of CPSC’s estimate of the burden of the proposed collection of information. Comment 38: ITI, CTA, JEITA, AWA, and RILA believe that the CPSC underestimated the burden of the collection of information proposed in the NPR. ITI believes that the labor rates used may under-represent the burden cost. ITI and RILA request that CPSC provide additional detail on how the PRA burden estimates were derived. While CTA indicates that it is standard practice within the technology sector to include warnings on product labels, the labeling is different enough to warrant additional hourly PRA burden associated with labeling. Relatedly, ITI suggests that product labeling should not be considered ‘‘usual and customary’’ and is within the definition of ‘‘PRA burden.’’ ITI indicates that manufacturers may have more than two product families and therefore the estimate of 15,363 firms with 2 products each understates the number of unique non-children’s products containing coin/button cells on the U.S. market. Response 38: Based upon the comments received, CPSC is adjusting its burden estimates upward, as shown in Table 6 in this preamble. Additionally, CPSC adopts a higher wage rate to represent total compensation costs for private industry workers in goods producing industries. We provide the substance of this revised PRA burden estimate in section X of this preamble. AA. Ways to reduce the burden of the collection of information on respondents, including the use of automated collection techniques when appropriate, and other forms of information technology. Comment 39: JEITA notes that the final rule would impose requirements different from those of international standards, and that this will burden manufacturers as labeling and testing for products intended for use in the United States would need to be completed separately from labeling and testing for other markets. Response 39: Burdens and potential efficiencies associated with testing to international standards, in addition to CPSC standards, are outside the scope of 13 Staff’s letter to the ASTM F15.22 subcommittee can be found here: https://www.cpsc.gov/s3fspublic/Letter-to-ASTM-F15-22-Reeses-Law-NPR230320.pdf?VersionId=6ZGPs5nSLh BGlFdoz1IWHF1wo.oOgarH. E:\FR\FM\21SER3.SGM 21SER3 65288 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations PRA burden estimates for the proposed rule. BB. The estimated burden hours associated with labels and hang tags, including any alternative estimates. Comment 40: ITI, CTA, JEITA, and AWA provide estimates of hourly burden for various industry sectors. See Tab A, Issue 36, in Staff’s Final Rule Briefing Package. CPSC did not receive any detailed estimates on the total number of respondents to which this collection would apply, but data provided by various commenters on the number of firms to which the collection would apply imply that CPSC has likely overestimated the number of respondents. Commenters provided alternative estimates for the frequency of response based upon the number of product families to which the rule might apply. However, these estimates were not provided at the establishment level and are therefore difficult to compare to CPSC estimates, which are based on U.S. Census Bureau establishment data. Response 40: Although burdens will vary for different industry sectors and by product as pointed out by commenters, the estimates provided by commenters generally support the Commission’s average burden calculations. CPSC assumes, moreover, that industry sectors responding to the public notice likely will experience comparatively large impacts from implementation of Reese’s Law. CC. The estimated respondent cost other than burden hour cost. Comment 41: JEITA believe that the cost of test samples should be included in the estimated respondent cost. Response 41: According to guidance provided by the Office of Management and Budget (OMB) and General Services Administration (GSA), the burdens calculated under the PRA typically do not include estimating the cost of test samples. See https://pra.digital.gov/ about/. Comments Addressing Out-of-Scope Issues Tab A of Staff’s Final Rule Briefing Package discusses comments received on topics that are out of scope for this rulemaking. IV. Commission Determination Regarding UL4200A–2023 and Description of the Final Rule’s Requirements After consideration of the public comments summarized in section III of this preamble and Staff’s Final Rule Briefing Package, and for the reasons given in this Federal Register notice, the Commission determines that UL 4200A–2023 meets the performance and labeling requirements in section 2(a) of Reese’s Law for consumer products that contain button cell or coin batteries. 15 U.S.C. 2056e(d)(1). The Commission does not make this determination with respect to the labeling of battery packaging, because UL 4200A–2023 does not address the labeling of battery packaging. Pursuant to section 2(e) of Reese’s Law, UL 4200A–2023 is a consumer product safety rule on the date the Commission makes this determination, September 8, 2023. However, because the Commission is codifying the requirements in the Code of Federal Regulations, for purposes of the direct final rule, the rule is effective 30 days after publication in the Federal Register. Furthermore, in recognition of the potential hardship resulting from immediate effectiveness of UL 4200A– 23 as a mandatory standard in accordance with Reese’s Law, the Commission is granting a 180-day transitional period of enforcement discretion. Table 3 summarizes the performance requirements in UL 4200A–2023 applicable to consumer products with battery compartments for replaceable button cell or coin batteries, and Table 4 summarizes the standard’s performance requirements applicable to consumer products with battery compartments for non-replaceable button cell or coin batteries. TABLE 3—SUMMARY OF PERFORMANCE REQUIREMENTS IN UL 4200A–2023 FOR CONSUMER PRODUCTS WITH BATTERY COMPARTMENTS FOR REPLACEABLE BUTTON CELL OR COIN BATTERIES Button cell or coin batteries must not become accessible or liberated when tested to these requirements: Performance Requirements for Battery Compartment Securement (UL Section 5.2–5.6) Battery Compartment Securement Options (UL Section 5.5–5.6). Accessibility Test (UL Section 5.3– 5.4). Option 1: Coin, screwdriver, or other tool. • Captive screws. Æ Exceptions for products containing batteries not intended to be replaced by the consumer. Such products shall have instructions and warnings that clearly state the battery is not to be replaced by the consumer. Æ Exception 1: Products that can only be accessed through the removal of multiple enclosures or panels using a tool. Æ Exception 2: Products that are only to be opened by a professional service center (where children are not present). • Two threads engaged or minimum torque + spin angle. Option 2: At least two independent & simultaneous hand movements. • Shall not be combinable to a single movement with a finger or digit. Open or remove any part of the compartment not meeting Option 1 or Option 2. Apply Tension Test for Seams from ASTM F963 on pliable materials, using a force of 70.0 N (15.7 lbf). Determine whether Test Probe 11 from IEC 61032 can touch the battery. ddrumheller on DSK120RN23PROD with RULES3 Preconditioning Requirements (UL Section 6.2) Preconditioning in Oven (UL Section 6.2.1). Simulated Battery Replacement (UL Section 6.2.2). Thermoplastics—7 hours at 158 °F or greater, based on operational temperature. Open/Close and remove/install battery 10 times. Use and Abuse Tests (UL Section 6.3) Drop Test (UL Section 6.3.2) .......... Impact Test (UL Section 6.3.3) ....... Crush Test (UL Section 6.3.4) ........ VerDate Sep<11>2014 20:06 Sep 20, 2023 Handheld products are 10 drops while portable products are 3 drops. Each drop is from 1 m (39.4 in) on hardwood, in positions likely to produce maximum force. 3 impacts on battery compartment with steel sphere, 2 J (1.5 ft-lbf) of energy. 330 N ± 5 N (74.2 lbf ± 1.1 lbf) for 10 s, using 100 by 250 mm (3.9 by 9.8 in) flat surface. Jkt 259001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\21SER3.SGM 21SER3 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 65289 TABLE 3—SUMMARY OF PERFORMANCE REQUIREMENTS IN UL 4200A–2023 FOR CONSUMER PRODUCTS WITH BATTERY COMPARTMENTS FOR REPLACEABLE BUTTON CELL OR COIN BATTERIES—Continued Compression Test (UL Section 6.3.4A). Torque Test (UL Section 6.3.4B) .... Tension Test (UL Section 6.3.4C) .. Probe for Accessibility (UL Section 6.3.5). Test from 16 CFR Part 1250, using a force of at least 136 N (30.6 lbf). Test from 16 CFR part 1250, using a torque of at least 0.50 Nm (4.4 in.-lbf). Test from 16 CFR part 1250, using a force of at least 72.0 N (16.2 lbf). Apply 50 N to 60 N (11.2 lbf to 13.4 lbf) with Test Probe 11 from IEC 61032 to confirm compliance. TABLE 4—SUMMARY OF PERFORMANCE REQUIREMENTS IN UL 4200A–2023 FOR CONSUMER PRODUCTS WITH BATTERY COMPARTMENTS FOR NON-REPLACEABLE BUTTON CELL OR COIN BATTERIES Products that incorporate button cell or coin batteries that are not intended for user removal or replacement shall effectively prevent removal of the battery by the user or children. ddrumheller on DSK120RN23PROD with RULES3 Option 1—Not Accessible (UL Section 5.7(a)). Option 2—May be Accessible (UL Section 5.7(b)). • Made inaccessible by an enclosure that meets the same applicable preconditioning and use and abuse test requirements as battery compartments for replaceable batteries. • Secured with soldering, fasteners such as rivets, or equivalent means. • Confirmed with secureness test: test hook applies a force of 20 N ± 2 N (4.5 lbf ± 0.4 lbf) directed outwards for 10 s, at all possible points. Battery cannot liberate from the product. The warning label requirements for consumer products and consumer product packaging in UL 4200A–2023 are substantively similar to the warning label requirements in the NPR (88 FR 8706–09), with the following differences: • Colored markings must comply with the ISO 3864 series of standards; • Color is required only when the markings are printed on a label using more than one color; • Manufacturers may choose to use either the ‘‘Keep Out of Reach of Children’’ icon or the ‘‘Warning: Contains Coin Battery’’ icon on the consumer product packaging label; • Permanence of markings is tested consistent with the requirements in UL 62368–1, section F.3.9; • Inclusion of an additional warning statement in instructions and manuals to ‘‘Always completely secure the battery compartment. If the battery compartment does not close securely, stop using the product, remove the batteries, and keep it away from children.’’ • Removal of requirements for battery package warnings because they are being finalized in a separate final rule, and removal of certain performance and technical data requirements proposed under section 27(e) of the CPSA, which are not being finalized at this time. In the following discussion, we provide a section-by-section summary of the final rule. A. Section 1263.1 Scope, Purpose, Effective Date, and Exemption Final rule § 1263.1(a) explains the scope and purpose of the safety standard required by Reese’s Law, as proposed in the NPR, with two modifications: the removal of the VerDate Sep<11>2014 20:06 Sep 20, 2023 Jkt 259001 provision for units, which is addressed instead in UL 4200A–2023, and removal of the provision for battery package labeling, which is addressed in a separate final rule. 15 U.S.C 2056e, Public Law 117–171. Based on section 2 of Reese’s Law, the scope of the final rule includes consumer products containing button cell or coin batteries, including the packaging of such consumer products and accompanying literature. Section 1.3 of UL 4200A–2023 provides the scope of the voluntary standard, stating that the requirements apply to consumer products containing button batteries or coin cell batteries.14 This scope is consistent with Reese’s Law, which defines a ‘‘consumer product containing button cell or coin batteries’’ as ‘‘a consumer product containing or designed to use one or more button cell or coin batteries, regardless of whether such batteries are intended to be replaced by the consumer or are included with the product or sold separately.’’ 15 This definition includes products that are not 14 Section 1.3 of UL 4200A–2023 also states that the standard does not include ‘‘products that by virtue of their dedicated purpose and instructions are not intended to be used in locations where they may be accessed by children, such as products for dedicated professional use or commercial use in locations where children are not normally or typically present.’’ The Commission interprets this exclusion from the scope of the standard consistent with the Commission’s jurisdictional authority in section 3 of the CPSA. For example, products used solely in professional settings are within the jurisdiction of the Occupational Safety and Health Administration. However, consumer products generally available for use or purchase by consumers are within the Commission’s jurisdiction. 15 U.S.C. 2052(a)(5). 15 Notes to 15 U.S.C. 2056e. The term ‘‘consumer product’’ has the same meaning as that in section 3(a) of the Consumer Product Safety Act (CPSA). 15 U.S.C. 2052(a). PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 sold with a battery but are designed to use a button cell or coin battery. Section 1263.1(b) of the final rule establishes the effective date of the direct final rule. Because the Commission determines that UL 4200A– 2023 meets the requirements in section 2(a) of Reese’s Law, section 2(e) of Reese’s Law provides that the voluntary standard is treated as a consumer product safety rule as of the date of the Commission’s determination. However, for the direct final rule, the effective date is 30 days after publication, as explained in section VII of this preamble. Consistent with section 6 of Reese’s Law (Notes to 15 U.S.C. 2056e), the rule requires that all consumer products and packaging containing button cell or coin batteries that are subject to the final rule, and that are manufactured or imported 30 days after publication of the final rule in the Federal Register, must comply with the requirements of this part. The Commission is granting a 180-day transitional period of enforcement discretion, to begin September 21, 2023. Final rule § 1263.1(c) describes the exemption in Reese’s Law for toy products that meet ASTM F963, as incorporated into 16 CFR part 1250. UL 4200A–2023 excludes the same products from its scope. Final rule § 1263.1(d) retains the exception for button cell and coin batteries that do not pose an ingestion hazard as proposed, meaning zinc-air batteries. This exception is also stated in UL 4200A–2023. B. Section 1263.2 Definitions Final rule § 1263.2 provides applicable definitions as proposed in the NPR, explaining that the definitions in section 3 of the CPSA and section 5 E:\FR\FM\21SER3.SGM 21SER3 65290 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations of Reese’s Law also apply to this rule. The final rule codifies several definitions from Reese’s Law relevant to requirements for consumer products containing button cell or coin batteries, such as ‘‘button cell or coin battery’’ and ‘‘consumer product containing button cell or coin battery.’’ Definitions related to battery package labeling are being finalized in a separate final rule. ddrumheller on DSK120RN23PROD with RULES3 C. Section 1263.3 Requirements for Consumer Products Containing Button Cell or Coin Batteries Final rule § 1263.3 incorporates by reference the requirements in UL 4200A–2023, approved on August 30, 2023, as the mandatory standard for performance and labeling of consumer products containing button cell or coin batteries. Sections 5 and 6 of UL 4200A– 2023 contain performance requirements, and labeling requirements are in sections 7 and 8 of UL 4200A–2023. Tabs D and E of Staff’s Final Rule Briefing Package, and Tables 3 and 4 in this preamble, describe the performance and labeling requirements in UL 4200A–2023 that are incorporated by reference. V. Testing, Certification, and Notice of Requirements Section 14(a) of the CPSA includes requirements for certifying that consumer products comply with applicable mandatory standards. 15 U.S.C. 2063(a). Section 14(a)(1) addresses required certifications for non-children’s products, and sections 14(a)(2) and (a)(3) address certification requirements specific to children’s products. Non-Children’s Products. Section 14(a)(1) of the CPSA requires every manufacturer (which includes importers per 15 U.S.C. 2052(a)(11)) of a nonchildren’s product that is subject to a consumer product safety rule under the CPSA or a similar rule, ban, standard, or regulation under any other law enforced by the Commission to certify that the product complies with all applicable CSPSC-enforced requirements. 15 U.S.C. 2063(a)(1). Section 14(g) of the CPSA contains content and availability requirements for certificates. 15 U.S.C. 2063(g). Children’s Products. A ‘‘children’s product’’ is a consumer product that is ‘‘designed or intended primarily for children 12 years of age or younger.’’ 15 U.S.C. 2052(a)(2). Section 4 of Reese’s Law specifically exempts from the performance and labeling requirements in section 2 of the law, any toy product that is in compliance with the battery accessibility and labeling requirements in 16 CFR part 1250, the mandatory toy VerDate Sep<11>2014 20:06 Sep 20, 2023 Jkt 259001 standard. However, all non-toy children’s products that contain button cell or coin batteries are subject to the final rule and must be tested by a CPSCaccepted third party laboratory and certified as compliant. The following factors are relevant when determining whether a product is a children’s product: • manufacturer statements about the intended use of the product, including a label on the product if such statement is reasonable; • whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger; • whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger; and • the Age Determination Guidelines issued by CPSC staff in January 2020, and any successor to such guidelines. Id. ‘‘For use’’ by children 12 years and younger generally means that children will interact physically with the product based on reasonably foreseeable use. 16 CFR 1200.2(a)(2). Children’s products, for example, may be decorated or embellished with a childish theme, be sized for children, or be marketed to appeal primarily to children. Id. § 1200.2(d)(1). Section 14(a)(2) of the CPSA requires the manufacturer or private labeler of a children’s product that is subject to a children’s product safety rule to certify, based on a third party conformity assessment body’s testing, that the product complies with the applicable children’s product safety rule. 15 U.S.C. 2063(a)(2). The Commission’s requirements for children’s product testing and certification are codified in 16 CFR part 1107. Section 14(a) of the CPSA also requires the Commission to publish a notice of requirements (NOR) for a third party conformity assessment body (i.e., testing laboratory) to obtain accreditation to assess conformity with a children’s product safety rule. 15 U.S.C. 2063(a)(3)(A). Because some consumer products that contain button cell or coin batteries are children’s products, the direct final rule incorporating by reference UL 4200A– 2023 is a children’s product safety rule, as applied to those products. The Commission published a final rule, codified at 16 CFR part 1112, entitled Requirements Pertaining to Third Party Conformity Assessment Bodies, that established requirements and criteria concerning testing laboratories. 78 FR 15836 (Mar. 12, 2013). Part 1112 includes procedures for CPSC to accept a testing laboratory’s accreditation and lists the children’s PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 product safety rules for which CPSC has published NORs. When CPSC issues a new NOR, it must amend part 1112 to include that NOR. CPSC did not receive any comments regarding the proposed NOR. Accordingly, this DFR amends part 1112, as proposed, to add the ‘‘Safety Standard for Button Cell or Coin Batteries and Consumer Products Containing Such Batteries’’ to the list of children’s product safety rules for which CPSC has issued an NOR. Testing laboratories that apply for CPSC acceptance to test whether children’s products containing button cell or coin batteries comply with the new rule will have to meet the requirements in part 1112. When a laboratory meets the requirements of a CPSC-accepted third party conformity assessment body, the laboratory can apply to CPSC to include 16 CFR part 1263, Safety Standard for Button Cell or Coin Batteries and Consumer Products Containing Such Batteries, in the laboratory’s scope of accreditation of CPSC safety rules listed on the CPSC website at: www.cpsc.gov/labsearch. VI. Incorporation by Reference Section 1263.3 of the direct final rule incorporates by reference UL 4200A– 2023. In accordance with regulations of the Office of the Federal Register (OFR), 1 CFR 51.5(b), section IV of this preamble, Commission Determination Regarding UL4200A–2023 and Description of the Final Rule’s Requirements, summarizes the provisions of UL 4200A–2023 that the Commission incorporates by reference into 16 CFR part 1263. The standard is reasonably available to interested parties in several ways. You may purchase a copy from Underwriters Laboratories, Inc (UL), 333 Pfingsten Road, Northbrook, IL 60062, or through UL’s website: www.UL.com. Before incorporation by reference, a read-only copy of UL 4200A–2023 is available for viewing on UL’s website at: https:// www.shopulstandards.com/. After CPSC incorporates the UL standard, a free, read-only copy is also available at: https://www.ulstandards.com/IBR/ logon.aspx. Finally, interested parties can schedule an appointment to inspect a copy of the standard at CPSC’s Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, telephone: 301–504–7479; email: cpscos@cpsc.gov. VII. Direct Final Rule Process and Effective Dates The Commission is issuing this rule as a direct final rule. Although the Administrative Procedure Act (APA; 5 E:\FR\FM\21SER3.SGM 21SER3 ddrumheller on DSK120RN23PROD with RULES3 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations U.S.C. 551–559) generally requires agencies to provide notice of a rule and an opportunity for interested parties to comment on it, section 553 of the APA provides an exception when the agency ‘‘for good cause finds’’ that notice and comment are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Id. 553(b)(B). Reese’s Law states that if the Commission determines that an alreadyeffective voluntary standard meets the requirements in section 2(a) of Reese’s Law before promulgating a final rule implementing those same requirements, then the voluntary standard shall be treated as a consumer product safety rule promulgated under section 9 of the CPSA (15 U.S.C. 2058) effective on the date of the Commission’s determination, which must be published in the Federal Register. 15 U.S.C. 2056e(d)–(e). The purpose of this direct final rule is to codify in the Code of Federal Regulations the requirements in UL 4200A–2023 as the mandatory standard as for consumer products containing button cell or coin batteries, by incorporating by reference UL 4200A– 2023. Although the Commission provided notice and collected comment on similar requirements in the NPR, Reese’s Law does not require a rulemaking if the Commission makes a favorable determination on a voluntary standard; therefore, once the Commission makes the determination under section 2(d) with regard to UL 4200A–2023, the voluntary standard is treated as a consumer product safety rule. Accordingly, additional public comments would not lead to substantive changes to the direct final rule. Under these circumstances, notice and comment are unnecessary. In Recommendation 95–4, the Administrative Conference of the United States (ACUS) endorses direct final rulemaking as an appropriate procedure to expedite rules that are noncontroversial and that are not expected to generate significant adverse comments. See 60 FR 43108 (Aug. 18, 1995). ACUS recommends that agencies use the direct final rule process when they act under the ‘‘unnecessary’’ prong of the good cause exemption in 5 U.S.C. 553(b)(B). Consistent with the ACUS recommendation, the Commission is publishing this rule as a direct final rule, because CPSC does not expect any significant adverse comments. Unless CPSC receives a significant adverse comment within 14 days of this notification, the direct final rule will become effective 30 days after publication, on October 23, 2023 (subject to a 180-day transitional period of enforcement discretion). In VerDate Sep<11>2014 20:06 Sep 20, 2023 Jkt 259001 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 that undermines ‘‘the rule’s underlying premise or approach’’ or a showing that the rule ‘‘would be ineffective or unacceptable without change.’’ 60 FR 43108, 43111. As noted, this rule codifies in the CFR a consumer product safety rule created by statute now that the Commission has made a determination under section 2(d) of Reese’s Law. 15 U.S.C. 2056e(d). If the Commission receives a significant adverse comment, the Commission will withdraw this direct final rule. Depending on the comment and other circumstances, the Commission may then incorporate the adverse comment into a subsequent direct final rule. Section 14(a)(3)(A) of the CPSA, however, requires that certification to an NOR is not effective until 90 days after publication of an NOR. 15 U.S.C. 2063(a)(3)(A). Accordingly, to provide the mandatory period for third party laboratories to become ISO accredited and CPSC-accepted to perform testing to part 1263, third party testing and certification of children’s products subject to this rule is not required until on or after December 20, 2023. VIII. Environmental Considerations The Commission’s regulations address whether the agency is required to prepare an environmental assessment or an environmental impact statement. Under these regulations, certain categories of CPSC actions normally have ‘‘little or no potential for affecting the human environment’’ and therefore do not require an environmental assessment or an environmental impact statement. 16 CFR 1021.5(c)(1). Safety standards providing performance and labeling requirements for consumer products containing button cell or coin batteries fall within this categorical exclusion. IX. Regulatory Flexibility Analysis The Regulatory Flexibility Act (RFA; 5 U.S.C. 601–612) generally requires agencies to 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, 604. The RFA applies to any rule that is subject to notice and comment procedures under section 553 of the APA. Id. Although the Commission prepared an Initial Regulatory Flexibility Act analysis for the NPR to PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 65291 implement Reese’s Law and a Final Regulatory Flexibility Act analysis (see Tab F of Staff’s Final Rule Briefing Package) that provides information for the public, the Commission’s determination under section 2(d) of Reese’s Law, 15 U.S.C. 2056e(d), that UL 4200A–2023 meets the performance and labeling requirements of section 2(a) of Reese’s Law, 15 U.S.C. 2056e(a), does not require notice and comment rulemaking. Because the Commission has determined that notice and the opportunity to comment are unnecessary for this DFR to codify UL 4200A–2023 as the mandatory standard for consumer products containing button cell or coin batteries, the RFA does not apply with respect to the subject matter of this rule. X. Paperwork Reduction Act This DFR contains information collection requirements that are subject to public comment and review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA; 44 U.S.C. 3501–3521). Under the PRA, an agency must publish the following information: D A title for the collection of information; D A summary of the collection of information; D A brief description of the need for the information and the proposed use of the information; D A description of the likely respondents and proposed frequency of response to the collection of information; D An estimate of the burden that will result from the collection of information; and D Notice that comments may be submitted to OMB. 44 U.S.C. 3507(a)(1)(D). In this DFR, the Commission is amending the collection of information for children’s products to add the burden associated with performance and labeling requirements of the final rule, and is establishing an OMB control number for testing, certification, and paperwork retention requirements for general use, nonchildren’s products subject to this final rule. The Commission proposed to amend the children’s product collection in the NPR (88 FR 8717), and issued a separate Federal Register notice to collect comment on the estimated burden for testing and certification of non-children’s products. 88 FR 21652 (April 11, 2023). In accordance with the PRA’s requirements, the Commission provides the following information: Title: (1) Amendment to Third Party Testing of Children’s Products, approved previously under OMB E:\FR\FM\21SER3.SGM 21SER3 65292 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES3 Control No. 3041–0159 and (2) creation of new collection for Testing and Labeling of Non-Children’s Products Containing or Designed to Use Button Cell or Coin Batteries and Labeling of Button Cell or Coin Battery Packaging.16 Type of Review: Amendment of existing collection for Third Party Testing of Children’s Products, and creation of a new collection of information for testing and labeling of non-children’s products containing or designed to use button cell or coin batteries and labeling of button cell or coin battery packaging. Both children’s and non-children’s products subject to this rule require: (1) testing of products containing or designed to use button cell or coin batteries, including creating a certificate of conformity; however, unlike non-children’s products, children’s products require third party testing by a laboratory whose accreditation has been accepted by CPSC to conduct such testing; (2) labeling requirements for products and for button cell or coin battery packaging, including, as applicable, warnings on battery compartments, product packaging, accompanying written materials (i.e., instructions, manuals, hangtags, or inserts)); and (3) recordkeeping requirements. Summary, Need, and Use of Information: Based on the requirements in Reese’s Law, 15 U.S.C. 2056e(a) and (b), the proposed consumer product safety standard prescribes performance requirements for child-resistant battery compartments on consumer products, including children’s and non-children’s products, that contain button cell or coin batteries, and warning requirements for button cell and coinbattery packaging, consumer product packaging, consumer products, and instructions and manuals. These performance and labeling requirements are intended to reduce or eliminate injuries and deaths associated with children six years old and younger ingesting button cell or coin batteries. Children’s Products: Section 4 of Reese’s Law specifically exempts from the performance and labeling requirements in section 2 of the law, any toy product 17 that is in compliance 16 The Commission is finalizing requirements for the labeling of button cell or coin battery packaging in a separate final rule published elsewhere in this issue of the Federal Register, but for convenience, consistency with the IRFA, and clarity to stakeholders, we include the PRA requirements for all non-children’s products subject to performance or labeling requirements for button cell or coin batteries in this single PRA analysis. 17 For purposes of Reese’s Law, a ‘‘toy product’’ is ‘‘any object designed, manufactured, or marketed as a plaything for children under 14 years of age.’’ Notes to 15 U.S.C. 2056e. VerDate Sep<11>2014 20:06 Sep 20, 2023 Jkt 259001 with the battery accessibility and labeling requirements in 16 CFR part 1250, Safety Standard Mandating ASTM F963 for Toys. However, some consumer products that are not toys subject to the toy standard are considered children’s products. A ‘‘children’s product’’ is a consumer product that is ‘‘designed or intended primarily for children 12 years of age or younger.’’ 15 U.S.C. 2052(a)(2). The Commission’s regulation at 16 CFR part 1200 further interprets the term. Section 14 of the CPSA requires that children’s products be tested by a third party conformity assessment body, and that the manufacturer of the product, including an importer, must issue a children’s product certificate (CPC). Based on such third party testing, a manufacturer or importer must attest to compliance with the applicable consumer product safety rule by issuing the CPC. The requirement to test and certify children’s products falls within the definition of ‘‘collection of information,’’ as defined in 44 U.S.C. 3502(3). The requirements for the CPCs are stated in section 14 of the CPSA, and in the Commission’s regulation at 16 CFR parts 1107 and 1110. Among other requirements, each certificate must identify: the manufacturer or private labeler issuing the certificate; any third party conformity assessment body on whose testing the certificate depends; the date and place of manufacture; the date and place where the product was tested; each party’s name, full mailing address, and telephone number; and contact information for the individual responsible for maintaining records of test results. The certificates must be in English. The certificates must be furnished to each distributor or retailer of the product and to the CPSC, if requested. The Commission has an OMB control number, 3041–0159, for children’s product testing and certification. This final rule would amend this collection of information to add testing and certification to the performance requirements for child-resistant battery compartments on children’s products (that are not toys) that contain button cell or coin batteries, as well as warnings on the packaging of these children’s products, the battery compartment of these children’s products, and any accompanying instructions and manuals, as set forth in the rule. The Commission did not receive any comment on the NPR’s estimated PRA burden for children’s products subject to this rule. The requirements in UL 4200A–2023 are materially similar to the NPR PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 requirements and do not change the Commission’s PRA burden analysis. Accordingly, CPSC has submitted the information collection requirements of this final rule for children’s products containing button cell or coin batteries to OMB for review in accordance with PRA requirements. 44 U.S.C. 3507(d). Non-Children’s Products: This collection of information is solely for non-children’s consumer products, meaning (1) performance and labeling requirements for products that contain or are designed to use button cell or coin batteries and are not designed or intended primarily for children 12 years old or younger, and (2) labeling of packages containing button cell or coin batteries. 15 U.S.C. 2052(a)(2); 16 CFR part 1200. Section 14(a) of the CPSA requires that manufacturers (including importers) of non-children’s products subject to a rule issue a general certificate of conformity (GCC). GCCs certify the products as being compliant with applicable regulations and must be based on a test of each product or a reasonable testing program. Unlike children’s products, products that have GCCs are not required to undergo third party testing. Section 14(g) and 16 CFR part 1110 state the requirements for GCCs. Among other requirements, each certificate must identify: the manufacturer issuing the certificate; any laboratory conducting testing on which the certificate depends; the date and place of manufacture; the date and place where the product was tested; each party’s name, full mailing address, and telephone number; and contact information for the individual responsible for maintaining records of test results. The certificates must be in English. The certificates must be furnished to each distributor or retailer of the product and to the CPSC, if requested. CPSC received nine comments in response to the estimated PRA burden for non-children’s products. Based on the comments, CPSC is increasing the estimated PRA burden as described in this section of the preamble, and will submit these revised estimates to OMB for review. Respondents and Frequency: Respondents include manufacturers and importers of non-toy children’s products and non-children’s products that contain, or are designed to use, button cell or coin batteries. Manufacturers and importers must comply with the information collection requirements when children’s and non-children’s products that contain button cell or coin batteries are manufactured or imported after the effective date of the rule. E:\FR\FM\21SER3.SGM 21SER3 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations Estimated Burden: CPSC has estimated the respondent burden in hours, and the estimated labor costs to the respondent. Estimate of Respondent Burden for Non-Toy Children’s Products: The 65293 issue a CPC, and the time to include required warning labels on children’s product battery compartments, children’s product packaging, and to update instructions or manuals with required warnings. hourly reporting burden imposed on firms that manufacture or import nontoy children’s products that contain button cell or coin batteries include the time and cost to maintain records related to third party testing, the time to TABLE 5—CHILDREN’S PRODUCTS ESTIMATED ANNUAL REPORTING BURDEN Total annual responses ddrumheller on DSK120RN23PROD with RULES3 Burden type Length of response Annual burden (hours) Third-party testing, recordkeeping and record maintenance ...................................................... Certification and labeling ............................................................................................................. 6,046 1,209 5.0 hours 1.0 hours 30,230 1,209 Total Burden ......................................................................................................................... ........................ ........................ 31,439 Three types of third party testing of children’s products are required: certification testing, material change testing, and periodic testing. Manufacturers must conduct sufficient testing to ensure that they have a high degree of assurance that their children’s products comply with all applicable children’s product safety rules before such products are introduced into commerce. 16 CFR 1107.20(a). If a manufacturer conducts periodic testing, they are required to keep records that describe how the samples of periodic testing are selected. 16 CFR 1107.21 and 1107.26. CPSC estimates that 0.4 percent of all children’s products sold annually, or 6,046 children’s products, are children’s products that contain button cell or coin batteries and would be subject to thirdparty testing under this rule; for each of which 5.0 hours of recordkeeping and record maintenance will be required. Thus, the total hourly burden of the recordkeeping associated with certification is 30,230 hours (5.0 × 6,046). Additionally, battery compartments, product packaging, and instructions and manuals must be updated to include the required warnings statements. We estimate that the time required to make these modifications is about 1 hour per product. Based on an evaluation of a sample of supplier product lines, there are a total of 1,209 affected products; therefore, the estimated burden associated with warnings and labeling is 1,209 hours. We estimate the hourly compensation of workers in industries that will have PRA-relevant burden imposed by this collection is $36.80 (U.S. Bureau of Labor Statistics, ‘‘Employer Costs for Employee Compensation,’’ Sept. 2022, total compensation for all sales and office workers in goods-producing private industries: https://www.bls.gov/ news.release/archives/ecec_ VerDate Sep<11>2014 20:06 Sep 20, 2023 Jkt 259001 12152022.pdf). Therefore, the estimated annual cost to industry associated with the collection burden for non-toy children’s products is $1,156,955 ($36.80 per hour × 31,439 hours = $1,156,955.2). No operating, maintenance, or capital costs are associated with the collection. This estimate is the largest burden reasonably possible, assuming that every manufacturer had to modify three product labels (battery compartment, packaging, and instructions/manual). However, many non-toy children’s products that contain button cell or coin batteries already contain some type of warning on the product or product packaging. Accordingly, product modification for warnings and any associated burden could be much lower than the estimate. Under the OMB’s regulations (5 CFR 1320.3(b)(2)), the time, effort, and financial resources necessary to comply with a collection of information that would be incurred by persons in the ‘‘normal course of their activities’’ are excluded from a burden estimate, where an agency demonstrates that the disclosure activities required to comply are ‘‘usual and customary.’’ To the extent that warning statements on one or more battery compartments, product packaging, and instructions/manuals are usual and customary for non-toy children’s products that contain button cell or coin batteries, CPSC can estimate that no burden hours are associated with the labeling requirements in the proposed rule. We requested comment on this potential estimate of no burden for warning labels and received no comment with regard to children’s products. The largest possible burden estimate for warning labels for children’s products stated in the NPR was 1,209 hours at a cost of $44,491 annually. However, because we received no contrary comment on the estimate of no burden for children’s products, CPSC PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 relies on the ‘‘usual and customary’’ exception and finalizes an estimate of no burden. Estimate of Respondent Burden for Non-Children’s Products: The PRA Federal Register notice (88 FR 21652) estimating the hourly reporting burden imposed on firms that manufacture or import non-children’s products that contain button cell or coin batteries, and firms that manufacture or import button cell or coin batteries, included the time and cost to create and maintain records related to testing of consumer products (including issuing a GCC), as well as product labeling, including required warning labels on, as applicable, consumer product battery compartments, product packaging, and accompanying written materials (i.e., instructions, manuals, inserts, or hangtags). Though data provided by commenters are helpful, commenters have compared one-time burden estimates to annual respondent burden calculated by CPSC. CPSC assumes suppliers will continue to introduce products on a rolling basis, and that up-front costs will diminish over time. Based on the comments, however, the Commission has revised the estimated burden. We have removed estimates for point-of-sale notices, including for websites offering the sale of button cell or coin batteries, because this requirement is not being adopted at this time. However, based upon the comments received (Comment 38 in section III of this preamble), CPSC is adjusting the burden estimates upward, as shown in Table 6. Additionally, CPSC adopts a higher wage rate to represent total compensation costs for private industry workers in goods producing industries.18 18 The March 2023 hourly total compensation costs for private industry workers in goods producing industries is $43.62, according to the E:\FR\FM\21SER3.SGM Continued 21SER3 65294 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations TABLE 6—ESTIMATED ANNUAL RESPONDENT BURDEN [Revisions in bold, italics] Frequency of response Hours per response Annual burden (hours) Annual burden (costs) Burden type Respondents Labeling .......................................................................... 15,363 ........................ 15,363 ........................ 15,363 ........................ 2 3 2 3 2 3 1 1.25 3 3.5 1 1.25 30,726 57,611.25 92,178 161,311.5 30,726 57,611.25 $1,332,586.62 2,513,002.72 3,997,759.86 7,036,407.63 1,332,586.62 2,513,002.72 ........................ ........................ ........................ ........................ ........................ ........................ 153,630 276,534 6,662,933.10 12,062,413.10 Testing ........................................................................... Recordkeeping ............................................................... Total Burden ........................................................... estimated average number of responses. See Table 7. Additionally, CPSC staff obtained estimates from testing laboratories on the costs of certification testing. For non-children’s products, CPSC assumes that firms will test inhouse or send the product to a lab for testing, but not both. Children’s products (that are not toys) subject to CPSC staff used establishment data from the U.S. Census Bureau by North American Industry Classification System (NAICS) code to estimate the number of entities with at least one product subject to the rule. Then, weights were assigned to each NAICS sector to estimate both the duration of the required response as well as the the rule must be third party tested by a CPSC-accepted laboratory. According to information collected, the cost of thirdparty testing varies but is consistent with an estimate of $261.72 per response ($12,62,413.10 ÷ 3 responses ÷ 15,363 respondents = $261.72). TABLE 7—ESTIMATES BY NAICS SECTOR Industry weight NAICS code 334118 ......... 334290 334310 335210 335912 335999 339920 339940 339999 423420 423430 ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... 423620 ......... ddrumheller on DSK120RN23PROD with RULES3 423690 ......... 423910 ......... 423990 ......... Computer Terminal and Other Computer Peripheral Equipment Manufacturing. Other Communications Equipment Manufacturing ........................................... Audio and Video Equipment Manufacturing ..................................................... Small Electrical Appliance Manufacturing ......................................................... Primary Battery manufacturing .......................................................................... All Other Miscellaneous Electrical Equipment and Component Manufacturing Sporting and Athletic Goods Manufacturing ..................................................... Office Supplies (except Paper) Manufacturing ................................................. All Other Miscellaneous Manufacturing ............................................................ Office Equipment Merchant Wholesalers .......................................................... Computer and Computer Peripheral Equipment and Software Merchant Wholesalers. Household Appliances, Electric Housewares, and Consumer Electronics Merchant Wholesalers. Other Electronic Parts and Equipment Merchant Wholesalers ........................ Sporting and Recreational Goods and Supplies Merchant Wholesalers ......... Other Miscellaneous Durable Goods Merchant Wholesalers ........................... Labor Cost of Respondent Burden for Non-Toy Children’s Products. According to the U.S. Bureau of Labor Statistics (BLS), Employer Costs for Employee Compensation, the total compensation cost per hour worked for all private industry workers in goodsproducing industries was $43.62 (March 2023, https://www.bls.gov/news.release/ archives/ecec_06162023.pdf). Based on this analysis, CPSC estimates that labor cost of respondent burden would impose a cost to industry of approximately $12,062,413 annually (276,534 hours as stated in Table 6 × $43.62 per hour = $12,062,413.08). Cost to the Federal Government. The estimated annual cost of the information collection requirements to the Federal Government is approximately $4,448, which includes 60 staff hours to examine and evaluate the information, as needed, for Compliance activities. This is based on a GS–12, step 5 level salaried employee; the average hourly wage rate for a mid-level salaried GS– 12 employee in the Washington, DC metropolitan area (effective as of January 2023) is $51.15 (GS–12, step 5). U.S. Bureau of Labor Statistics, Employer Costs for Employee Compensation (https://www.bls.gov/ news.release/archives/ecec_06162023.pdf). VerDate Sep<11>2014 20:06 Sep 20, 2023 Jkt 259001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 Estimated number of responses Estimated PRA hours 0.035099 8 4 0.020788 0.029919 0.003445 0.005116 0.023391 0.061625 0.005479 0.037159 0.029336 0.38266 8 8 8 8 8 2 2 2 2 8 4 4 4 4 4 1 1 1 1 4 0.131072 4 2 0.117874 0.060731 0.056308 8 2 2 4 1 1 This represents 69.0 percent of total compensation (U.S. Bureau of Labor Statistics, ‘‘Employer Costs for Employee Compensation,’’ September 2022, Table 2., percentage of wages and salaries for all civilian management, professional, and related employees: https://www.bls.gov/news.release/ archives/ecec_12152022.pdf). Adding an additional 31.0 percent for benefits brings average annual compensation for a mid-level salaried GS–12 employee to $74.13 per hour. Assuming that approximately 60 hours will be required annually, this results in an annual cost E:\FR\FM\21SER3.SGM 21SER3 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations of $4,448 ($74.13 per hour × 60 hours = $ 4,447.8). CPSC has submitted the information collection requirements of this final rule for both children’s and non-children’s products to OMB for review in accordance with PRA requirements. 44 U.S.C. 3507(d). List of Subjects XI. Preemption 16 CFR Part 1263 Administrative practice and procedure, Batteries, Consumer protection, Imports, Incorporation by reference, Infants and children, Labeling, Law enforcement. For the reasons discussed in the preamble, the Commission amends chapter II, subchapter B, of title 16 of the Code of Federal Regulations as follows: Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that when a consumer product safety standard is in effect and applies to a product, no state or political subdivision of a state may either establish or continue in effect a standard or regulation that prescribes requirements for the performance, composition, contents, design, finish, construction, packaging, or labeling of such product 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 exemption from this preemption under certain circumstances. Section 2(a) of Reese’s Law requires the Commission to issue a ‘‘consumer product safety standard for button cell or coin batteries and consumer products containing button cell or coin batteries.’’ However, if the Commission makes a determination under section 2(d) of Reese’s Law, determining that an existing voluntary standard meets the requirements in section 2(a) of Reese’s Law, section 2(e)(1) of Reese’s Law states that such voluntary standard shall be treated as a consumer product safety standard promulgated under section 9 of the CPSA (15 U.S.C. 2058). Therefore, the preemption provision of section 26(a) of the CPSA applies to all consumer products that fall within the scope of this DFR. ddrumheller on DSK120RN23PROD with RULES3 XII. Congressional Review Act The Congressional Review Act (CRA; 5 U.S.C. 801–808) states that, before a rule may take effect, the agency issuing the rule must submit the rule, and certain related information, to each House of Congress and the Comptroller General. 5 U.S.C. 801(a)(1). The submission must indicate whether the rule is a ‘‘major rule.’’ The CRA states that the Office of Information and Regulatory Affairs (OIRA) determines whether a rule qualifies as a ‘‘major rule.’’ Pursuant to the CRA, OIRA designated this rule as not a ‘‘major rule,’’ as defined in 5 U.S.C. 804(2). To comply with the CRA, CPSC will submit the required information to each House of Congress and the Comptroller General. VerDate Sep<11>2014 20:06 Sep 20, 2023 Jkt 259001 16 CFR Part 1112 Administrative practice and procedure, Audit, Consumer protection, Reporting and recordkeeping requirements, Third-party conformity assessment body. PART 1112—REQUIREMENTS PERTAINING TO THIRD PARTY CONFORMITY ASSESSMENT BODIES 1. The authority citation for part 1112 continues to read as follows: ■ Authority: Pub. L. 110–314, section 3, 122 Stat. 3016, 3017 (2008); 15 U.S.C. 2063. 2. Amend § 1112.15 by adding paragraph (b)(55) to 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) * * * (55) 16 CFR part 1263, Safety Standard for Button Cell or Coin Batteries and Consumer Products Containing Such Batteries. * * * * * ■ 3. Add part 1263 to read as follows: PART 1263—SAFETY STANDARD FOR BUTTON CELL OR COIN BATTERIES AND CONSUMER PRODUCTS CONTAINING SUCH BATTERIES Sec. 1263.1 Scope, purpose, effective date, and exemption. 1263.2 Definitions. 1263.3 Requirements for consumer products containing button cell or coin batteries. Authority: 15 U.S.C. 2052, 2056e. § 1263. Scope, purpose, effective date, and exemption. (a) Scope and purpose. As required by Reese’s Law (15 U.S.C 2056e, Pub. L. 117–171), this part establishes performance and labeling requirements for consumer products containing button cell or coin batteries to prevent child access to batteries during reasonably foreseeable use and misuse of the consumer product. The part is PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 65295 intended to eliminate or adequately reduce the risk of injury and death to children 6 years old and younger from ingesting these batteries. This part also establishes warning label requirements for packaging of consumer products containing button cell or coin batteries, these consumer products, and instructions and manuals accompanying these consumer products. (b) Effective date. Except as provided in paragraph (c) of this section, the effective date of § 1263.3 is October 23, 2023. (c) Exemption for toy products. Any object designed, manufactured, or marketed as a plaything for children under 14 years of age that is in compliance with the battery accessibility and labeling requirements of 16 CFR part 1250 is exempt from the requirements of this part. (d) Batteries that do not present an ingestion hazard. Button cell or coin batteries that the Commission has determined do not present an ingestion hazard are not subject to this part. These are: zinc-air button cell or coin batteries. § 1263.2 Definitions. In addition to the definitions given in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052) and section 5 of Reese’s Law (Notes to 15 U.S.C. 2056e), the following definitions apply for purposes of this part: Button cell or coin battery means: (1) A single cell battery with a diameter greater than the height of the battery; or (2) Any other battery, regardless of the technology used to produce an electrical charge, that is determined by the Commission to pose an ingestion hazard. Consumer product containing button cell or coin batteries means a consumer product containing or designed to use one or more button cell or coin batteries, regardless of whether such batteries are intended to be replaced by the consumer or are included with the product or sold separately. Ingestion hazard means a hazard caused by a person swallowing or inserting a button cell or coin battery into their body whereby: (1) The button cell or coin battery can become lodged in the digestive tract or airways; and (2) Can potentially cause death or serious injury through choking, generation of hazardous chemicals, leaking of hazardous chemicals, electrical burns, pressure necrosis, or other means. E:\FR\FM\21SER3.SGM 21SER3 65296 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations § 1263.3 Requirements for consumer products containing button cell or coin batteries. Each consumer product containing button cell or coin batteries shall comply with ANSI/UL 4200A, Standard for Safety for Products Incorporating Button Batteries or Coin Cell Batteries, approved on August 30, 2023. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. This material is available for inspection at the U.S. Consumer Product Safety Commission and at the National Archives and Records Administration (NARA). Contact the U.S. Consumer Product Safety Commission at: the Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, telephone (301) 504–7479, email: cpscos@cpsc.gov. For information on the availability of this material at NARA, visit https://www.archives.gov/federalregister/cfr/ibr-locations or email fr.inspection@nara.gov. A free, readonly copy of the standard is available for viewing on UL’s website at https:// www.ulstandards.com/IBR/logon.aspx. You may also obtain a copy from Underwriters Laboratories, Inc (UL), 333 Pfingsten Road, Northbrook, IL 60062, or through UL’s website: www.UL.com. Alberta E. Mills, Secretary, Consumer Product Safety Commission. [FR Doc. 2023–20333 Filed 9–20–23; 8:45 am] BILLING CODE 6355–01–P CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1263 [CPSC Docket No. 2023–0004] Safety Standard for Button Cell or Coin Batteries and Consumer Products Containing Such Batteries Consumer Product Safety Commission. ACTION: Final rule. AGENCY: In February 2023, as required by Reese’s Law, the U.S. Consumer Product Safety Commission (CPSC or Commission) issued a notice of proposed rulemaking (NPR) to establish performance and labeling requirements for consumer products containing button cell or coin batteries, and requirements for labeling of button cell or coin battery packages, to eliminate or adequately reduce the risk of injury from ingestion of button cell or coin batteries by children six years old and ddrumheller on DSK120RN23PROD with RULES3 SUMMARY: VerDate Sep<11>2014 20:06 Sep 20, 2023 Jkt 259001 younger. Elsewhere in this issue of the Federal Register, the Commission is publishing a direct final rule to incorporate by reference a voluntary standard as the mandatory standard for consumer products containing button cell or coin batteries. The Commission issues this final rule to complete Reese’s Law requirements for warning labels on the packaging of button cell or coin batteries. Button cell or coin battery packaging subject to this final rule must be certified as compliant with these warning label requirements. DATES: This rule is effective September 21, 2024. Button cell or coin battery packaging manufactured or imported after September 21, 2024, must comply with this final rule. FOR FURTHER INFORMATION CONTACT: William Cusey, Small Business Ombudsman, U.S. Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; telephone 301–504–7945; email: sbo@ cpsc.gov. SUPPLEMENTARY INFORMATION: I. Background and Statutory Authority 1 On February 9, 2023, pursuant to Reese’s Law (Pub. L. 117–171, 15 U.S.C. 2056e), the Commission published an NPR to establish a Safety Standard and Notification Requirements for Button Cell or Coin Batteries and Consumer Products Containing Such Batteries. 88 FR 8692. Consistent with section 2(a) of Reese’s Law, the NPR proposed performance and labeling requirements for consumer products containing button cell or coin batteries 2 and labeling requirements for button cell and coin battery packaging. 15 U.S.C. 2056(a). CPSC received 38 comments during a 30-day comment period ending in March 2023; four of the comments were duplicates. CPSC received two late-filed comments; one is out-of-scope for this rulemaking. We also received nine comments in response to an April 11, 1 To implement requirements in Reese’s Law for labeling of button cell or coin battery packaging, on September 8, 2023, the Commission voted (4–0) to publish this final rule. The Chair, and Commissioners Trumpka and Feldman, issued statements in connection with their vote, available at: https://www.cpsc.gov/s3fs-public/RCA-Reese-sLaw-Implementation-UL-4200A-2023-DFR-forButton-Cell-or-Coin-Batteries-and-Draft-FR-toAmend-Part-1263.pdf?VersionId=V56MNzyWa_ iXqZQlKCyOlRtjl9lcoFit. 2 The Notes of Reese’s Law, 15 U.S.C. 2056e, define the phrase ‘‘consumer product containing button cell or coin batteries’’ as ‘‘a consumer product containing or designed to use one or more button cell or coin batteries, regardless of whether such batteries are intended to be replaced by the consumer or are included with the product or sold separately.’’ PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 2023 Paperwork Reduction Act (PRA) notice. 88 FR 21652. Most of the public comments concerned performance and labeling requirements for consumer products, which are addressed in the direct final rule, published elsewhere in this issue of the Federal Register, establishing 16 CFR part 1263. That direct final rule incorporates by reference ANSI/UL 4200A, Standard for Safety for Products Incorporating Button Batteries or Coin Cell Batteries, approved on August 30, 2023 (UL 4200A–2023), as the mandatory standard for consumer products containing button cell or coin batteries. UL 4200A–2023 does not contain warning label requirements for button cell or coin battery packaging. Accordingly, in this final rule, pursuant to section 2(a)(2)(A) and 2(b) of Reese’s Law, we review and respond to the public comments related to warning labels for packaging of button cell or coin batteries and finalize a rule for such warning labels. 15 U.S.C. 2056e(a)(2)(A) and (b). As explained in section I.D of this preamble, based on the comments, the final rule contains several modifications to requirements for battery package labeling from the NPR.3 A. Reese’s Law President Biden signed Reese’s Law on August 16, 2022. 15 U.S.C. 2056e. The purpose of Reese’s Law is to protect children six years old and younger against hazards associated with the ingestion of button cell or coin batteries during reasonably foreseeable use or misuse conditions. 15 U.S.C. 2056e(a)(1). Section 5 of Reese’s Law broadly defines a ‘‘button cell or coin battery’’ as ‘‘(A) a single cell battery with a diameter greater than the height of the battery; or (B) any other battery, regardless of the technology used to 3 The information in this final rule is based on information and analysis provided in the August 31, 2023, Staff Briefing Package: Draft Final Rule to Establish a Safety Standard for Button Cell or Coin Batteries and Consumer Products Containing Such Batteries (Staff’s Final Rule Briefing Package), available at: https://www.cpsc.gov/s3fs-public/ Reeses-Law-Implementation-CommissionDetermination-Regarding-UL-4200A-2023-andDraft-DFR-for-Button-Cell-or-Coin-Batteries-and-2Draft-FR-to-Amend-Part-1263--LabelingRequirmnts-for-Button-Cell-or-CoinBatte.pdf?VersionId=PyTbnom1Oem A3BWl9Z1lONzTlyqbcthW, and on the January 11, 2023, Staff Briefing Package: Draft Proposed Rule to Establish a Safety Standard and Notification Requirements for Button Cell or Coin Batteries and Consumer Products Containing Such Batteries (Staff’s NPR Briefing Package), available at: https:// www.cpsc.gov/s3fs-public/NoticeofProposed RulemakingSafetyStandardandNotification RequirementsforButtonCellorCoin BatteriesandConsumerProductsContaining SuchBatteries.pdf?VersionId=kDinNeydktkt 3T8RRtzN4u1GTXPRjpEl. E:\FR\FM\21SER3.SGM 21SER3

Agencies

Consumer Product Safety Commission

[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Rules and Regulations]
[Pages 65274-65296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20333]



[[Page 65273]]

Vol. 88

Thursday,

No. 182

September 21, 2023

Part III





Consumer Product Safety Commission





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16 CFR Parts 1112 and 1263





Safety Standard for Button Cell or Coin Batteries and Consumer Products 
Containing Such Batteries; Final Rules

Federal Register / Vol. 88 , No. 182 / Thursday, September 21, 2023 / 
Rules and Regulations

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1112 and 1263

[CPSC Docket No. 2023-0004]


Safety Standard for Button Cell or Coin Batteries and Consumer 
Products Containing Such Batteries

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

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SUMMARY: In February 2023, as required by Reese's Law, the U.S. 
Consumer Product Safety Commission (CPSC or Commission) issued a notice 
of proposed rulemaking (NPR) to eliminate or adequately reduce the risk 
of injury from ingestion of button cell or coin batteries by children 
six years old and younger. In the NPR the Commission preliminarily 
determined that no existing voluntary standard met the requirements in 
Reese's Law at that time. In this document, however, the Commission 
determines that one voluntary standard, substantially revised since 
publication of the NPR, now meets the requirements in Reese's Law with 
respect to performance and labeling requirements for consumer products 
containing button cell or coin batteries. Reese's Law states that after 
a determination of sufficiency by the Commission, such a qualifying 
voluntary standard is treated as a consumer product safety rule. The 
Commission is publishing this determination, as required by Reese's 
Law, as well as a direct final rule to incorporate the voluntary 
standard by reference into our regulations. Consumer products subject 
to performance and labeling requirements in this direct final rule must 
be tested and certified as compliant with the direct final rule.

DATES: 
    Effective date: The direct final rule is effective October 23, 
2023, unless the Commission receives a significant adverse comment by 
October 5, 2023. If the Commission receives such a comment, we will 
publish a document in the Federal Register withdrawing this direct 
final rule before its effective date.
    Compliance and enforcement dates: Third party testing and 
certification of children's products subject to this rule is not 
required until on or after December 20, 2023. Consumer products 
containing button cell or coin batteries that are manufactured or 
imported after October 23, 2023, must comply with this direct final 
rule. However, in recognition of limited testing availability and for 
the avoidance of hardship, the Commission is granting a 180-day 
transitional period of enforcement discretion from September 21, 2023, 
through March 19, 2024.
    Incorporation by reference: The incorporation by reference of the 
publication listed in this rule is approved by the Director of the 
Federal Register as of October 23, 2023.

ADDRESSES: Submit comments, identified by Docket No. CPSC-2023-0004, 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. CPSC typically does not accept 
comments submitted by electronic mail (email), except as described 
below. CPSC encourages you to submit electronic comments by using the 
Federal eRulemaking Portal.
    Mail/Hand Delivery/Courier/Confidential Written Submissions: Submit 
comments by mail, hand delivery, or courier to: Office of the 
Secretary, Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814; telephone: (301) 504-7479. If you wish to submit 
confidential business information, trade secret information, or other 
sensitive or protected information that you do not want to be available 
to the public, you may submit such comments by mail, hand delivery, or 
courier, or you may email them to: [email protected].
    Instructions: All submissions must include the agency name and 
docket number. CPSC may post all comments without change, including any 
personal identifiers, contact information, or other personal 
information provided, to: https://www.regulations.gov. Do not submit 
through this website: confidential business information, trade secret 
information, or other sensitive or protected information that you do 
not want to be available to the public. If you wish to submit such 
information, please submit it according to the instructions for mail/
hand delivery/courier/confidential written submissions.
    Docket: For access to the docket to read background documents or 
comments received, go to: https://www.regulations.gov, and insert the 
docket number, CPSC-2023-0004, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: William Cusey, Small Business 
Ombudsman, U.S. Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, MD 20814; telephone 301-504-7945; email: 
[email protected].

SUPPLEMENTARY INFORMATION: On February 9, 2023, pursuant to section 2 
of Reese's Law (Pub. L. 117-171, 15 U.S.C. 2056e), the Commission 
published an NPR to establish a Safety Standard and Notification 
Requirements for Button Cell or Coin Batteries and Consumer Products 
Containing Such Batteries.\1\ 88 FR 8692. As required by section 2(a) 
of Reese's Law, the NPR contained performance and labeling requirements 
for consumer products containing button cell or coin batteries \2\ and 
labeling requirements for button cell and coin battery packaging. See 
15 U.S.C. 2056e(a). The NPR also proposed to require notification of 
additional point-of-sale performance and technical data related to the 
safety of button cell or coin batteries using the Commission's 
authority under section 27(e) of the Consumer Product Safety Act 
(CPSA), 15 U.S.C. 2076(e). 88 FR 8709. Based on staff's assessment of 
existing voluntary standards, the Commission preliminarily determined 
in the NPR that no voluntary standard in existence at that time met the 
performance or labeling requirements of section 2 of Reese's Law, and 
requested comment on that preliminary finding. 88 FR 8702, 8705. The 
Commission received 38 comments during a 30-day comment period ending 
in March 2023; four of the comments were duplicates. CPSC received two 
late-filed comments; one is out-of-scope for this rulemaking. We also 
received nine comments in response to an April 11, 2023 Paperwork 
Reduction Act (PRA) notice. 88 FR 21652. Tab A of Staff's Final Rule 
Briefing Package \3\ and section III of this

[[Page 65275]]

preamble summarize and respond to the comments CPSC received.
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    \1\ To implement Reese's Law, on September 8, 2023, the 
Commission voted (4-0) to publish this determination and a direct 
final rule to incorporate by reference, UL 4200A-2023, approved 
August 30, 2023, as the mandatory standard for consumer products 
containing button cell or coin batteries, with changes. The Chair, 
and Commissioners Trumpka and Feldman, issued statements in 
connection with their vote. Statements and an explanation of the 
Commission's changes are available at: https://www.cpsc.gov/s3fs-public/RCA-Reese-s-Law-Implementation-UL-4200A-2023-DFR-for-Button-Cell-or-Coin-Batteries-and-Draft-FR-to-Amend-Part-1263.pdf?VersionId=V56MNzyWa_iXqZQlKCyOlRtjl9lcoFit.
    \2\ Reese's Law defines the phrase ``consumer product containing 
button cell or coin batteries'' as ``a consumer product containing 
or designed to use one or more button cell or coin batteries, 
regardless of whether such batteries are intended to be replaced by 
the consumer or are included with the product or sold separately.'' 
Notes to 15 U.S.C. 2056e.
    \3\ The information in this Commission determination and direct 
final rule is based on information and analysis provided in the 
August 31, 2023, Staff Briefing Package: Draft Final Rule to 
Establish a Safety Standard for Button Cell or Coin Batteries and 
Consumer Products Containing Such Batteries (Staff's Final Rule 
Briefing Package), available at: https://www.cpsc.gov/s3fs-public/
Reeses-Law-Implementation-Commission-Determination-Regarding-UL-
4200A-2023-and-Draft-DFR-for-Button-Cell-or-Coin-Batteries-and-2-
Draft-FR-to-Amend-Part-1263_Labeling-Requirmnts-for-Button-Cell-or-
Coin-Batte.pdf?VersionId=PyTbnom1OemA3BWl9Z1lONzTlyqbcthW, and on 
the January 11, 2023, Staff Briefing Package: Draft Proposed Rule to 
Establish a Safety Standard and Notification Requirements for Button 
Cell or Coin Batteries and Consumer Products Containing Such 
Batteries (Staff's NPR Briefing Package), available at: https://www.cpsc.gov/s3fs-public/NoticeofProposedRulemakingSafetyStandardandNotificationRequirementsforButtonCellorCoinBatteriesandConsumerProductsContainingSuchBatteries.pdf?VersionId=kDinNeydktkt3T8RRtzN4u1GTXPRjpEl.
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    After consideration of the comments and the relevant existing 
voluntary standards, the Commission determines that a recent revision 
of ANSI/UL 4200A, Standard for Safety for Products Incorporating Button 
Batteries or Coin Cell Batteries, published on August 30, 2023 (UL 
4200A-2023), does meet the performance and labeling requirements in 
section 2(a) of Reese's Law with respect to consumer products 
containing button cell or coin batteries. 15 U.S.C. 2056e(a) and (d). 
Accordingly, under section 2(e) of Reese's Law, UL 4200A-2023 is 
treated as a consumer product safety rule promulgated under section 9 
of the CPSA (15 U.S.C. 2058) as of the date of the Commission's 
determination.\4\ 15 U.S.C. 2056e(e). The Commission is publishing this 
determination in the Federal Register, as required by Reese's Law. 15 
U.S.C. 2056e(d)(2).
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    \4\ Reese's Law states that if the Commission makes a 
determination with respect to a voluntary standard, the requirements 
of such voluntary standard shall be treated as a consumer product 
safety rule promulgated under section 9 of the CPSA (15 U.S.C. 2058) 
beginning on the later of either (A) the date of the Commission's 
determination with respect to the voluntary standard described; or 
(B) the effective date contained in the voluntary standard. UL 
4200A-2023 does not contain an ``effective date,'' and the 
Commission is making this determination after publication of the UL 
4200A-2023 standard. Accordingly, the later of the two dates in 
section (e)(2) of Reese's Law (15 U.S.C. 2056e(e)(2)) is the date of 
the Commission's determination.
---------------------------------------------------------------------------

    This notification of the Commission's determination includes a 
direct final rule (DFR) to incorporate by reference UL 4200A-2023 into 
the Code of Federal Regulations as the mandatory consumer product 
safety rule for consumer products containing button cell or coin 
batteries. Consistent with the Administrative Procedure Act (APA), 5 
U.S.C. 553, the DFR has an effective date of 30 days after publication. 
Further, in recognition of limited testing availability the Commission 
is granting a 180-day transitional period of enforcement discretion, to 
begin September 21, 2023.
    The Commission is issuing a separate final rule, published 
elsewhere in this issue of the Federal Register, to establish labeling 
requirements for button cell or coin battery packaging as required by 
Reese's Law, because such products are not within the scope of UL 
4200A-2023. 15 U.S.C. 2056e(d)(1). Currently the Commission is not 
finalizing the proposed requirements in the NPR for consumer 
notification of performance and technical data under section 27(e) of 
the CPSA; although, the UL 4200A-2023 revision includes some of the 
notification requirements proposed in the NPR. The name of the rule to 
be codified in 16 CFR part 1263 reflects this change by removing the 
phrase ``and Notification Requirements''; the rule is now entitled 
``Safety Standard for Button Cell or Coin Batteries and Consumer 
Products Containing Such Batteries.''

I. Statutory and Regulatory Background

A. Reese's Law

    President Biden signed Reese's Law on August 16, 2022. 15 U.S.C. 
2056e. The purpose of Reese's Law is to protect children six years old 
and younger against hazards associated with the ingestion of button 
cell or coin batteries. Section 5 of Reese's Law broadly defines a 
``button cell or coin battery'' as ``(A) a single cell battery with a 
diameter greater than the height of the battery; or (B) any other 
battery, regardless of the technology used to produce an electrical 
charge, that is determined by the Commission to pose an ingestion 
hazard.'' \5\ Thus, the definition of a consumer product with an in-
scope battery depends on the shape of the battery (which contributes to 
the ingestion-related risk) and, as stated in part (B), whether the 
battery otherwise is associated with an ingestion hazard, which is 
consistent with the stated purpose in section 2(a)(1) of Reese's 
Law.\6\ 15 U.S.C. 2056e(a)(1).
---------------------------------------------------------------------------

    \5\ The definitions in section 5 of Reese's Law are codified in 
the Notes to 15 U.S.C. 2056e.
    \6\ This direct final rule focuses on addressing button cell and 
coin batteries under part (A) of the definition because other 
batteries where the diameter is less than the height, such as AAA 
cylindrical batteries, do not pose the same type or degree of 
ingestion hazard as button cell or coin batteries. If CPSC becomes 
aware of a serious ingestion hazard associated with another battery 
type that is not adequately addressed by voluntary standards, 
section 2(g) of Reese's Law allows the Commission to undertake 
additional rulemaking to address the hazard. 15 U.S.C. 2056e(g).
---------------------------------------------------------------------------

    Section 2(a)(1) of Reese's Law mandates that a rule must include 
performance requirements for button cell or coin battery compartments 
on consumer products to secure them in a manner that eliminates or 
adequately reduces the risk of injury from the ingestion of button cell 
or coin batteries by children who are six years old or younger, during 
reasonably foreseeable use or misuse of the product. 15 U.S.C. 
2056e(a)(1).
    Section 2(a)(2) of Reese's Law mandates warning label requirements 
in a rule. Warnings are required:
     On the packaging of button cell or coin batteries (15 
U.S.C. 2056e(a)(2)(A));
     On the packaging of consumer products containing button 
cell or coin batteries (15 U.S.C. 2056e(a)(2)(A));
     In any literature, such as a user manual, that accompanies 
a consumer product containing button cell or coin batteries (15 U.S.C. 
2056e(a)(2)(B));
     As practicable, directly on a consumer product that 
contains button cell or coin batteries in a manner visible to the 
consumer upon installation or replacement of the button cell or coin 
battery (15 U.S.C. 2056e(a)(2)(C)(i));
     As practicable, in the case of a product for which the 
battery is not intended to be replaced or installed by the consumer, 
directly on the consumer product in a manner that is visible to the 
consumer upon access to the battery compartment, except that if it is 
impracticable to label the product, this information shall be placed on 
the packaging or instructions (15 U.S.C. 2056e(a)(2)(C)(ii)).
    Warning labels required by section 2(b) of Reese's Law must (1) 
clearly identify the hazard of ingestion and (2) instruct consumers, as 
practicable, to keep new and used batteries out of the reach of 
children, to seek immediate medical attention if a battery is ingested, 
and to follow any other consensus medical advice. 15 U.S.C. 2056e(b).
    To address ingestion of button cell or coin batteries, section 2(a) 
of Reese's Law requires the Commission to publish a final consumer 
product safety standard for button cell or coin batteries, and consumer 
products containing button cell or coin batteries, not later than 1 
year after the date of enactment. 15 U.S.C. 2056e(a). However, if the 
Commission determines before promulgating a rule that an existing 
voluntary standard meets the performance and labeling requirements in 
section 2(a) of Reese's Law, then under section 2(d)(1) of Reese's Law 
the requirement for the Commission to promulgate a rule does not apply. 
15 U.S.C. 2056e(d)(1). Instead, the Commission must publish such 
determination of a voluntary standard's sufficiency in the Federal 
Register. 15 U.S.C. 2056e(d)(2). As set forth in section IV of this 
preamble, the

[[Page 65276]]

Commission determines that UL 4200A-2023 meets the performance and 
labeling requirements in section 2(a) of Reese's Law with respect to 
consumer products containing button cell or coin batteries.
    Section 2(e) of Reese's Law states that the requirements of a 
voluntary standard the Commission determines to meet section 2(a) of 
Reese's Law shall be treated as a consumer product safety rule 
promulgated under section 9 of the CPSA (15 U.S.C. 2058) beginning on 
the date that is the later of either the date the Commission makes the 
determination under section 2(d), or the effective date in the 
voluntary standard. 15 U.S.C. 2056e(e)(2). The UL standard does not 
include an ``effective date.'' Rather, UL standards are published when 
approved through a consensus process by a majority vote that meets UL's 
procedural requirements.\7\ Publication of UL 4200A-2023 occurred 
before publication of the Commission's determination, and therefore the 
date of this publication is the relevant effective date for purposes of 
section 2(e)(2) of Reese's Law.
---------------------------------------------------------------------------

    \7\ See ULSE ANSI Accredited Procedures, Approved December 2, 
2022, available at: https://ulstandards.ul.com/wp-content/uploads/2023/03/ULSEANSIAccreditedProcedures_20221202.pdf.
---------------------------------------------------------------------------

    The Commission makes the determination that UL 4200A-2023 meets the 
requirements of section 2(a) of Reese's Law with respect to performance 
and labeling requirements for consumer products that contain button 
cell or coin batteries; therefore, by operation of law, UL 4200A-2023 
is a consumer product safety rule as of the date of this determination. 
15 U.S.C. 2056e(e)(2).\8\ The Commission additionally is codifying UL 
4200A-2023 into a regulation, and the effective date of the DFR is 30 
days from publication, as described in section VII of this preamble. As 
noted, the Commission is granting a 180-day transitional period of 
enforcement discretion.
---------------------------------------------------------------------------

    \8\ UL 4200A-2023 does not, however, address labeling of battery 
packaging. Accordingly, in a separate document published elsewhere 
in this issue of the Federal Register, the Commission is finalizing 
a rule to require labeling on button cell or coin battery packaging. 
Notes to 15 U.S.C. 2056e.
---------------------------------------------------------------------------

    Section 2(f)(1) of Reese's Law establishes a process for subsequent 
revision of a voluntary standard the Commission has adopted as a 
mandatory standard under section 2(d). In addition, section 2(g) of 
Reese's Law provides that any time after a voluntary standard is 
treated as a consumer product safety rule under section 2(e), or a 
revised voluntary standard becomes enforceable as a consumer product 
safety rule under section 2(f), the Commission may initiate a 
rulemaking in accordance with 5 U.S.C 553 to modify the requirements of 
the standard or revised standard. 15 U.S.C. 2056e(g).
    Section 4 of Reese's Law specifically exempts from the performance 
and labeling requirements in section 2 of the law, any toy product \9\ 
that is in compliance with the battery accessibility and labeling 
requirements in 16 CFR part 1250, Safety Standard Mandating ASTM F963 
for Toys. Notes to 15 U.S.C. 2056e. However, children's products that 
contain button cell or coin batteries and that are not a ``toy 
product,'' are required to meet the performance and labeling 
requirements in this final rule. An example of such products would be 
children's apparel, such as shoes, that light up and use a button cell 
or coin battery as a power source.\10\
---------------------------------------------------------------------------

    \9\ Consistent with 16 CFR part 1250, a ``toy product'' is 
defined as ``any object designed, manufactured, or marketed as a 
plaything for children under 14 years of age.'' Notes to 15 U.S.C. 
2056e.
    \10\ Section 3 of Reese's Law requires special packaging for 
button cell or coin batteries. These requirements, codified in the 
Notes to 15 U.S.C. 2056e, are self-implementing, and do not require 
CPSC to issue a rule. Section 3 of Reese's Law was effective by 
operation of the statute on February 12, 2023.
---------------------------------------------------------------------------

B. Description of the NPR

    The NPR proposed a rule to address the battery ingestion hazard for 
children six years of age or younger. The NPR explained that children 
access button batteries from consumer products that are powered by the 
batteries, either directly from the battery compartment or because the 
batteries have escaped from the compartment. 88 FR 8698-99. CPSC has 
not identified any additional hazard patterns since the NPR. Figure 1 
provides examples of button cell and coin batteries, and Figure 2 shows 
a few examples of consumer products that contain button cell or coin 
batteries.
[GRAPHIC] [TIFF OMITTED] TR21SE23.000


[[Page 65277]]


[GRAPHIC] [TIFF OMITTED] TR21SE23.001

    In accordance with section 2 of Reese's Law, the NPR contained 
performance and labeling requirements for consumer products that 
contain button cell or coin batteries.
    Performance requirements: As required by Reese's Law, the NPR 
proposed that consumer products containing button cell or coin 
batteries require the battery to be secured in a manner that would 
eliminate or adequately reduce the risk of injury from the ingestion 
hazard to children during reasonably foreseeable use or misuse 
conditions. In developing the NPR, the Commission drew upon 
requirements stated in:
     UL 4200A-2020, Standard for Safety for Products 
Incorporating Button or Coin Cell Batteries of Lithium Technologies (UL 
4200A-2020);
     ASTM F963-17 Standard Consumer Safety Specification for 
Toy Safety (ASTM F963);
     Voluntary standards referenced by Australian F2020L01656, 
including:
    [cir] IEC 62368-1:2018 Audio/video, information and communication 
technology equipment-Part 1: Safety requirements (IEC 62368-1);
    [cir] IEC 62115:2017 International Standard for Electric Toys--
Safety (IEC 62115);
    [cir] AS/NZS 60065:2018 Audio, video and similar electronic 
apparatus--Safety requirements (AS/NZS 60065:2018); and
    [cir] AS/NZS 60598.1:2017 Luminaires Part 1: General requirements 
and tests (AS/NZS 60598.1:2017).
    Table 7 of the NPR summarized the Commission's analysis of the 
performance requirements in these voluntary standards. 88 FR 8701. 
Based on the analysis in Tab D of Staff's NPR Briefing Package, the 
Commission preliminarily concluded that none of these voluntary 
standards alone contained performance requirements that are adequate to 
address the requirements in Reese's Law. 88 FR 8701-02. Therefore, to 
address the performance requirements mandated in Reese's Law, the 
proposed performance requirements in CPSC's NPR differed from the 
requirements in the voluntary standards in several ways, including:
     Broader scope to match the scope of products covered by 
Reese's Law;
     Clarification that a locking mechanism requiring two 
simultaneous and independent actions does not include actions that can 
be combined into one single action by a single finger or digit, to 
address poor locking mechanism designs observed in testing;
     Addition of the compression test from the ASTM F963-17 toy 
standard, codified in16 CFR part 1250, to address children pressing on 
areas of the battery compartment not directly impacted by the drop 
test;
     Requirement that all products, including products weighing 
more than 18 kg, be subjected to 10 drops;
     Addition of the torque and tensile tests from the toy 
standard to address a child grabbing and twisting or pulling on parts 
of the battery enclosure or tearing apart soft goods with fingers or 
teeth.

88 FR 8702-04. Tables 8 and 9 in the NPR, 88 FR 8702, summarized CPSC's 
proposed performance requirements for consumer products with 
replaceable and non-replaceable button cell or coin batteries.
    Warning label requirements: For consumer products containing button 
cell or coin batteries, Reese's Law requires warnings on:
     The packaging of consumer products;
     Accompanying literature; and
     Consumer products, as practicable.

15 U.S.C. 2056e(a)(2). Reese's Law also requires warnings on packaging 
of button cell or coin batteries. Id. Warning statements must clearly 
identify the hazard of ingestion and instruct consumers, as 
practicable, to keep new and used batteries out of the reach of 
children, seek immediate medical attention if a battery is ingested, 
and follow any other consensus medical advice. 15 U.S.C. 2056e(b).
    The NPR assessed warning requirements in several voluntary 
standards, and preliminarily concluded that none of the voluntary 
standards were adequate to meet the requirements in Reese's Law. Tab C 
of Staff's NPR Briefing Package; 88 FR 8704-05. Tables 10 and 11 in the 
NPR summarized the Commission's assessment of the warning label 
requirements in voluntary standards, in relation to the requirements of 
Reese's Law. 88 FR 8705.
    Because none of the voluntary standards met the requirements in 
Reese's Law at the time of the NPR, the Commission proposed warning 
requirements for the packaging of consumer products containing button 
cell or coin batteries, accompanying literature, and, as practicable, 
consumer products. 88 FR 8706-09. The NPR also proposed warnings 
requirements for the packaging of button cell or coin batteries, which 
are being established by the Commission in a separate final rule. 88 FR 
8706-07.\11\
---------------------------------------------------------------------------

    \11\ The NPR additionally proposed to require point-of-sale 
warnings of the ingestion hazard and other battery safety 
information under section 27(e) of the CPSA to improve safety 
communication to consumers to address the unreasonable risk of 
injury and death to children from ingesting or inserting button cell 
or coin batteries into the body, and other hazards. 88 FR 8709-11. 
The Commission is not finalizing proposed requirements under section 
27(e) of the CPSA at this time.
---------------------------------------------------------------------------

II. Assessment of Performance and Labeling Requirements in UL 4200A-
2023

    Several pertinent voluntary standards have been revised since the 
NPR published on February 9, 2023. IEC 62368-1 published a new edition

[[Page 65278]]

(Edition 4, or IEC 62368-1:2023) in May 2023. In January 2023, ASTM 
balloted a revision to the battery compartment construction 
requirements in ASTM F963. In April 2023, UL balloted a revised version 
of UL 4200A, which was further revised and reballoted in July 2023, and 
comment responses were recirculated in August 2023. UL published its 
most recent revisions on August 30, 2023, as UL 4200A-2023. Tab E of 
Staff's Final Rule Briefing Package contains staff's detailed 
assessment of ASTM F963, UL 62368-1, and the revised IEC 62368-1:2023. 
Based on staff's updated assessment of ASTM F963, UL 62368-1, and IEC 
62368-1:2023, the Commission cannot determine that any of these 
standards is adequate to meet the requirements in section 2(a) of 
Reese's Law.
    However, for the reasons stated below and further elaborated in Tab 
E of Staff's Final Rule Briefing Package, the Commission determines 
that UL 4200A-2023 meets the performance and labeling requirements in 
section 2(a) of Reese's Law as applied to consumer products containing 
button cell or coin batteries. Table 1a summarizes CPSC's evaluation of 
the performance requirements in the updated voluntary standards.

                    Table 1a--Assessment of Existing Voluntary Standards' Performance Requirements for Button Cell or Coin Batteries
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               ASTM F963
                                                         UL 4200A-2023         (Ballot)           UL  62368-1      IEC  62368-1:2023       IEC 62115
--------------------------------------------------------------------------------------------------------------------------------------------------------
Scope...........................  Battery Chemistry   Any *.............  Any...............  Any...............  Any...............  Any.
                                   Type.
                                  Product Type......  Any...............  Toys..............  Audio/Visual        Audio/Visual        Electronic Toys.
                                                                                               Equipment.          Equipment.
Construction Performance........  Opens with Tool...  A.................  A.................  A.................  A.................  A.
                                  Captive screws....  A.................  A.................  I.................  A.................  A.
                                  Threaded            A.................  ..................  I.................  A.................
                                   attachment
                                   requirements.
                                  Opens with two      A.................  O.................  I.................  I.................  O.
                                   independent and
                                   simultaneous
                                   movements.
                                  Accessibility.....  A.................  A.................  A.................  A.................  A.
Use and Abuse...................  Pre-conditioning    A.................  ..................  A.................  A.................
                                   in oven.
                                  Open/close and      A.................  ..................  A.................  A.................  I.
                                   remove/install
                                   battery/screw(s)
                                   10 times.
                                  Drop test--based    A.................  I.................  I.................  I.................  I.
                                   on product weight/
                                   type.
                                  Drop test--based    O.................  I.................  O.................  O.................  O.
                                   on age grading.
                                  Impact Test.......  A.................  ..................  A.................  A.................  I.
                                  Crush Test (big     A.................  ..................  A.................  A.................
                                   surface area).
                                  Torque Test.......  A.................  A.................
                                  Tension Test......  A.................  A.................  ..................  ..................  A.
                                  Tension Test--      A.................  A.................  ..................  ..................  A.
                                   Seams.
                                  Compression Test    A.................  A.................  I.................  I.................
                                   (little surface
                                   area).
                                  Accessibility       A.................  I.................  I.................  I.................  A.
                                   Probe Compliance
                                   Test.
                                  Securement (non-    A.................  O.................  O.................  O.................  O.
                                   removable
                                   batteries).
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Excludes zinc-air batteries, which are not known to be used in consumer products.
Blank--Does not address requirements, I--Inadequately addresses requirements, A--Adequately addresses requirements, O--Otherwise adequately addresses
  requirements.

    Table 1b, below, summarizes CPSC's assessment of warning label 
requirements for consumer products containing button cell or coin 
batteries in existing voluntary standards.

       Table 1b--Assessment of Existing Voluntary Standards' Labeling Requirements for Consumer Products Containing Button Cell or Coin Batteries
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     ASTM F963
                                                     (Ballot)        UL 4200A-2023     ASTM F2999-19    ASTM F2923-20      IEC 62115        UL 62368-1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Scope........................  Battery           All.............  All *...........  All.............  All............  All............  All.
                                Chemistry Type.
                               Product Type....  Toys............  All.............  Jewelry.........  Children's       Toys...........  Audio/Visual
                                                                                                        Jewelry.                          Equipment.
Labeling.....................  On Consumer       I...............  A...............  ................  ...............  I..............
                                Product
                                Packaging.
                               n instructions    I...............  A...............  ................  ...............  I..............  I.
                                or accompanying
                                literature.

[[Page 65279]]

 
                               On consumer       ................  A...............  ................  ...............  ...............  I.
                                product.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Excludes zinc-air batteries, which are not known to be used in consumer products.
Blank--Does not address requirements, I--Inadequately addresses requirements, A--Adequately addresses requirements.

    Although, as reflected in these tables, UL 4200A-23 satisfies all 
performance requirements of Reese's law section 2(a), and the law's 
requirements for labeling of consumer products that contain button cell 
or coin batteries, this UL standard does not address labeling of 
battery packaging, for which Reese's Law also has requirements.
    Below, we address in detail two significant aspects in which the 
former UL 4200A-2020 fell short of Reese's Law's requirements, but that 
the recent revisions to the standard--as we interpret them--do address 
adequately.

A. Captive Screw Exceptions

    Section 5.6 of UL 4200A-2020 included an exception from the 
requirement for fasteners to remain captive to the battery enclosure 
for large panel doors on large devices, which are not likely to be 
discarded or left off the equipment. The Commission did not include 
such captive screw exception in the NPR and stated that the range of 
products to which that exception would apply is unclear. 88 FR 8703.
    Section 5.6 of UL 4200A-2023 contains a revised requirement for 
captive screws. Two related exceptions exist for the requirement, both 
of which apply only to products containing button cell or coin 
batteries that are not intended to be replaced by the consumer, and 
where there are instructions and warnings that clearly state the 
battery is not to be replaced by the consumer. The first exception 
applies to products containing button cell or coin batteries ``that can 
only be accessed through the removal of multiple enclosures or panels 
using a tool.'' The second captive screw exception applies to 
``products only to be opened by a professional service center (where 
children are not present).''
    Regarding the first exception, products designed and labeled to not 
have the battery replaced by the consumer provide the consumer with 
less incentive or need to access a button cell or coin battery 
compartment. The requirement to remove multiple enclosures or panels to 
reach a button cell or coin battery provides an extra layer of 
protection that prevents immediate access to batteries, even if screws 
to those panels are lost or discarded. CPSC is unaware of ingestion 
incidents involving access to button cell or coin batteries through 
multiple enclosures on consumer products. Products that might fit into 
the first exception include desktop and laptop computers, with 
batteries that frequently last longer than the product itself.
    The second exception applies to products ``only to be opened by a 
professional service center (where children are not present).'' The 
text of the UL 4200A-2023 does not further explain this exception. We 
think it plain, however, that to avoid undermining the safety purpose 
of the captive screw requirement, the design of the consumer product, 
as well as its warning language and literature, must be consistent with 
professional-only access to the battery compartment. Accordingly, we 
interpret the professional service center exception for captive screws 
to only apply to consumer products with design and construction 
characteristics that are inconsistent with consumers accessing the 
batteries at home, for example by having a battery compartment that 
cannot be opened with a common household tool such as a straight-blade 
screwdriver, Phillips screwdriver, pliers, or a coin. For example, 
watch battery compartments that require a special professional tool to 
open would not require captive screws. However, watch battery 
compartments secured only with a straight blade or Phillips screw would 
not qualify for this captive screw exception, because such a product 
could be opened by consumers in their homes with readily available 
household tools.

B. Drop Test Requirements

    To address the accidental liberation of button cell or coin 
batteries from consumer products, UL 4200A-2020 called for ``portable'' 
products to be dropped a total of three cycles in testing, and ``hand-
held'' products a total of 10 cycles. In the NPR, the Commission 
proposed to require all products within the scope of the rule to be 
subject to 10 drop cycles. 88 FR 8713.
    After reviewing the comments received on the NPR (which are 
discussed in section III below), the Commission agrees that it is 
appropriate to distinguish between products that are ``portable'' and 
those that are ``handheld,'' provided those definitions are clear and 
able to be applied consistently. See Tab E of Staff's Final Rule 
Briefing Package.
    Section 4.3A of UL 4200A-2023 now defines ``hand-held product'' to 
mean a product that is ``reasonably foreseeable to be used or misused 
when being held in one or both hands.'' This category includes only 
``[p]roducts specifically designed to be carried easily, with a mass 
not exceeding 4.5 kg (10 lbs).'' Section 4.4 of UL 4200A-2023 revises 
the definition for ``portable device'' to mean a ``device that is 
reasonably foreseeable to be routinely carried or lifted as part of its 
use or misuse but not operated during transit with a mass not exceeding 
18 kg (39.7 lb).'' The Commission concludes that these definitions 
reasonably distinguish between handheld consumer products that are 
likely to be handled often and dropped frequently (such as a television 
remote control, for example), and other products that are moveable but 
not routinely handheld. The 10-drop requirement applies to the former, 
while a 3-drop requirement applies to the latter. The Commission 
determines that this framework in UL 4200A-2023 meets the requirements 
for Reese's Law section 2(a).

III. Comments on the NPR

    CPSC received 38 comments during the comment period (four were 
duplicates), from February 9 through March 13, 2023, and two late-filed 
comments (one is out-of-scope for this rulemaking). Also, CPSC received 
nine comments on a separate PRA notice estimating the burden of the 
proposed rule. Commenters included medical professionals, standards 
development associations, consumers, consumer advocates, retail and 
manufacturing associations, and battery and consumer product 
manufacturers.
    Thirty-three commenters generally supported the safety purpose and 
scope of Reese's Law. Commenters noted the

[[Page 65280]]

potential deadly risk of injury associated with ingestion and insertion 
of button cell and coin batteries and their ubiquitous use in many 
different types of consumer products that are accessible to young 
children. Medical professionals informed the Commission regarding the 
difficulty in diagnosing an unwitnessed button cell or coin battery 
ingestion that requires prompt removal of the battery to prevent life-
threatening esophageal burns and soft tissue damage, because the 
symptoms can mimic other health issues such as colds or upset stomach. 
Commenters generally supported the development of strong performance 
and labeling requirements for consumer products to prevent the 
ingestion hazard, as most button cell or coin battery ingestion 
incidents involve batteries obtained from consumer products.
    Many commenters suggested that the CPSC find one of the reviewed 
voluntary standards adequate to meet Reese's Law requirements and to 
adopt a voluntary standard for the rule. Because many of the comments 
received are relevant to the Commission's favorable determination on 
the UL 4200A-23 voluntary standard, we summarize and respond to them 
here.

Comments in Response to Questions on Performance Requirements

    A. Whether any consumer products (as opposed to medical devices, 
such as hearing aids) contain zinc-air button cell or coin batteries, 
and whether such products should be required to meet the performance 
requirements for battery compartments on consumer products.
    Comment 1: Other than use in hearing aids, a medical device, no 
commenters identify any consumer products using zinc-air button cell or 
coin batteries. An international battery trade association and a 
coalition of medical and consumer organizations (American Academy of 
Pediatrics, Consumer Reports, Public Citizen, Consumer Federation of 
America, Kids In Danger, and U.S. Public Interest Research Group) state 
that they are unaware of any consumer products (as defined in section 3 
of the CPSA, 15 U.S.C. 2052(a)(5)) using zinc-air batteries. The 
coalition of medical and consumer organizations state that the 
Commission should reserve the ability to take further action regarding 
zinc-air button cell and coin batteries.
    Response 1: Because the Commission is not aware of any consumer 
products that contain zinc-air button cell or coin batteries and 
commenters did not submit information regarding such products, and 
because such batteries present a low risk of causing an ingestion 
hazard as described in Tab C of Staff's Final Rule Briefing Package, 
the NPR proposed that zinc-air button cell or coin batteries, and 
products that use such batteries, should not be subject to the 
performance requirements in the final rule. Section 1.2 of UL 4200A-
2023 contains a similar zinc-air battery exception.
    B. Whether any voluntary standard meets the performance and 
labeling requirements of Reese's Law.
    Comment 2: Multiple commenters argue for Commission determinations 
that various voluntary standards satisfy the requirements of section 
2(a) of Reese's Law. Five commenters (The Toy Association, Retail 
Industry Leaders Association (RILA), Permanent European Horological 
Committee (CPHE), Federation of the Swiss Watch Industry (FH), and 
American Watch Association (AWA)) recommend that CPSC accept the 
voluntary standard ASTM F963 as adequate to address the risk of 
ingestion by children. The commenters generally state that ASTM F963 
adequately fulfills the objectives of Reese's Law, and that no data 
exists to suggest that the standard creates an accessibility hazard for 
products containing button cell or coin batteries that comply with the 
standard. However, a coalition of medical and consumer organizations 
recommend that the ASTM toy standard subcommittee incorporate some of 
CPSC's proposed requirements, such as improving testing for fastener 
retention and threading to avoid stripped screw holes and other 
possible scenarios that might lend access to the batteries.
    Five commenters (Garmin International Inc. (Garmin), CPHE, FH, AWA, 
and TechNet) recommend that CPSC accept the voluntary standard UL 4200A 
as adequate to address the risk of child ingestion. Four commenters 
(Japan Electronics and Information Technology Industries Association 
(JEITA), Consumer Technology Association (CTA), TechNet, and 
Information Technology Industry Council (ITI)) further state that CPSC 
should accept IEC 62368-1 or UL 62368-1 as adequate to address the risk 
of injury for products within the scope of that standard. The Battery 
Association of Japan (BAJ), Duracell, Energizer, and the National 
Electrical Manufacturers Association (NEMA) state that CPSC should 
accept IEC 60086 or ANSI C18 standards as adequate for battery package 
labeling requirements. Finally, the Power Tool Institute states that 
the Commission should work with voluntary standards organizations to 
improve and codify a voluntary standard.
    Response 2: Reese's Law states that the Commission can rely on a 
voluntary standard, rather than drafting and implementing a rule for 
covered products, if the Commission determines that: (A) the voluntary 
standard meets the requirements for a standard promulgated under 
subsection (a) with respect to the products; and (B) the voluntary 
standard is in effect at the time of the determination, or will be in 
effect not later than 180 days after August 16, 2022 (February 12, 
2023). 15 U.S.C. 2056e(d)(1). The Commission finds that UL 4200A-2023 
meets the requirements of Reese's Law. As set forth in Staff's Final 
Rule Briefing Package and summarized in Tables 1a and 1b, however, the 
Commission does not find that any other voluntary standard, as 
described by the commenters, is adequate to meet the requirements of 
Reese's Law or to address the risk of injury from child ingestion.
    Tabs D and E of Staff's Final Rule Briefing Package discuss staff's 
updated assessments of the voluntary standards based on feedback 
received from public comments. None of the commenters provide 
sufficient analysis, critique, or justification for the Commission to 
make a determination that any voluntary standard, other than UL 4200A-
2023, meets the performance or labeling requirements in Reese's Law.
    C. Whether the requirements for accessibility of battery 
compartments should incorporate test methods commonly used on toy 
products, such as the torque and tensile tests for parts of the product 
that can be gripped by a child's fingers or teeth, or a tensile test 
for pliable materials.
    Comment 3: Two commenters (Landsdowne Labs and a coalition of 
medical and consumer organizations) support the incorporation of test 
methods commonly used on toy products.
    Response 3: Incorporating test methods such as torque and tensile 
tests for parts of a consumer product that can be gripped by a child's 
fingers or teeth, or a tensile test for pliable materials, decreases 
the likelihood of children gaining access to button cell or coin 
batteries. Based on staff's assessment of these test methods in the 
ASTM F963 toy standard, the Commission determines that their inclusion 
in UL 4200A-2023 adequately tests the durability and integrity of 
battery compartments in products with pliable materials, such as shirts 
and greeting cards that light up or make sound using batteries. The 
Commission agrees with the commenters that these requirements will 
eliminate or adequately reduce the

[[Page 65281]]

risk of ingestion in pliable products, as required by Reese's Law.
    D. For consumer products that use button cell or coin batteries and 
have large panel doors, what consumer products have such doors, and 
should the Commission exclude large panel doors from the requirement 
for captive screws; why or why not (i.e., why does a large panel door 
represent a different risk of injury from battery access without using 
captive screws than a smaller battery compartment door does)?
    Comment 4: Three commenters (UL Solutions, CTA, and ITI) state that 
the large panel door exemption from the captive screw requirement 
exists for products--like desktop computers which commonly use coin 
batteries on the motherboards to provide backup power--where the panel 
forms part of system enclosure which is not intended to be opened 
regularly by the consumer. The commenters state that consumers are 
unlikely to leave off or discard screws for these large panel doors. 
ITI notes that UL 62368-1 states that captive screws are for batteries 
that need to be replaced regularly.
    Response 4: Section 5.6 of UL 4200A-2023 states that products 
containing button cell or coin batteries with large panel doors are 
excepted from the captive screw requirement as long as the batteries 
are not intended to be replaced by the consumer. The intent of the 
captive screw requirement is to prevent consumers from discarding 
screws securing battery enclosures after battery replacement during the 
product's lifetime. For products requiring battery replacement, 
consumers foreseeably may discard the screws to make replacing the 
batteries easier, without appreciating the battery ingestion hazard; or 
consumers may lose the screw and think the product is safe to use 
without properly securing the battery compartment. However, as 
explained in section II.A of this preamble, if a product's battery is 
not meant to be replaced, consumers are unlikely to open large panel 
doors to access the battery; therefore, requiring captive screws is not 
reasonably necessary to address the ingestion hazard in Reese's Law.
    Exception 1 in section 5.6 of UL 4200A-2023 provides that captive 
screws are not required for products containing button cell or coin 
batteries that are not intended to be replaced by the consumer, and 
that products containing such batteries that can only be accessed 
through the removal of multiple enclosures or panels using a tool do 
not need captive screws. UL 4200A-2023 also requires that to meet the 
exception, such products must have instructions and warnings that 
clearly state the battery is not to be replaced by the consumer. Such 
products must also meet use and abuse testing requirements. The 
Commission determines that the requirements for multiple enclosures in 
UL 4200A-2023, which can include large panel doors, are adequate to 
meet the requirements in section 2(a) of Reese's Law.
    E. Whether a double-action locking mechanism used to secure battery 
compartment enclosures, meaning those mechanisms that rely on two 
independent and simultaneous hand movements to open (versus a screw, 
for example), should be allowed to secure button cell or coin battery 
compartments.
    Comment 5: Two commenters (RILA and The Toy Association) provide 
comments on whether double-action locking mechanisms, which are more 
accurately described as ``multi-action'' locking mechanisms to reflect 
that there can be more than two motions, should be allowed to secure 
button cell or coin battery compartments. RILA supports including the 
option for multi-action locking mechanisms, especially for products 
where it may not be feasible to secure battery compartments with an 
enclosure that requires a tool. The Toy Association opines that multi-
action locking mechanisms are susceptible to be opened by applying 
forces in a single action or for one or both mechanisms to be 
disengaged, reducing the safety or efficacy of the mechanism. The Toy 
Association also comments that multi-action locking mechanisms may 
present a ``false positive'' to the consumer, appearing to be closed 
but susceptible to opening upon product operation.
    Response 5: We agree with RILA that multi-action locking mechanisms 
can be a safe and effective alternative method to securing battery 
enclosures. Many products that use button cell or coin batteries are 
small and sometimes may not have enough space in the design to 
incorporate a screw to secure the battery enclosure. Therefore, 
providing multi-action locks as an alternative provides industry with 
some flexibility for designing their products in a safe manner. Staff's 
review of consumer products demonstrates a variety of different multi-
action locking mechanisms that can be effective.
    Moreover, both the NPR and UL 4200A-2023 address the Toy 
Association's concerns. To address incidents involving multi-action 
locks that could be opened with a single action, and to ensure 
consistent and reliable testing, the NPR specified that ``[t]he 
movements to open cannot be combinable to a single movement with a 
single finger or digit.'' 88 FR 8721. Section 5.5(b) of UL 4200A-2023 
also contains this language to clarify requirements for multi-action 
locking mechanisms. Because the actions must be simultaneous, the first 
action must be maintained while the second and successive actions are 
completed for the lock to open. If the design of the mechanism allows 
the battery compartment to open when the first action disengages, the 
battery compartment does not comply with the requirements of UL 4200A-
2023. Therefore, the requirements of the UL standard and this DFR are 
intended to prevent the scenario envisioned by the Toy Association.
    Additionally, regarding the Toy Association's comment on multi-
action locking mechanisms presenting a ``false positive'' in which they 
appear to be closed, this scenario may occur in both multi-action 
locking enclosures and enclosures secured via screws or other 
fasteners. After replacing the battery, consumers may inadvertently 
neglect to screw or retighten a fastener, leaving the enclosure 
ineffective. To decrease this risk for all products, regardless of 
their battery compartment securement design, UL 4200A-2023 requires 
that all products containing a button cell or coin battery include 
warnings in product instructions to ensure proper securement of the 
battery enclosure.
    Comment 6: Four commenters (coalition of medical and consumer 
organizations, CTA, the Consumer Safety Consultancy (CSC), and Mark 
Strauch) recommend adding tests to prove the effectiveness of multi-
action locking mechanisms because, for example, locking mechanisms 
requiring a push and turn could be opened accidentally. CTA opines that 
specifying independent hand movements cannot be combinable to a single 
movement is redundant, because if the end point of the first movement 
is the starting point of the second movement, then the movements would 
not be independent. CSC recommends that the requirement for multi-
action locking mechanisms be revised to require independent and 
sequential motions rather than independent and simultaneous motions as 
proposed in the NPR. Strauch comments that the NPR's clarification that 
``[t]he movements to open cannot be combinable to a single movement 
with a single finger or digit'' is unnecessary and is an enforcement 
issue rather than an issue with the standard.
    Response 6: Multi-action locking mechanisms that secure button cell 
or coin battery compartments are adequate

[[Page 65282]]

to prevent access to children, so long as the actions cannot be 
combinable into one single action. Through testing, CPSC staff 
identified multiple products that were designed with the intent of 
requiring two independent actions to open the battery compartment that 
could be defeated by applying a single force to disengage the lock and 
expose the battery. Accordingly, the NPR included an additional 
clarification specifying, ``[t]he movements to open cannot be 
combinable to a single movement with a single finger or digit.'' This 
requirement addresses the concerns from the coalition of medical and 
consumer organizations' comment that locking mechanisms that require a 
push and turn could be accidentally opened.
    The Commission disagrees with commenters that a final rule should 
require independent sequential actions, rather than simultaneous 
actions, because sequential actions can be achieved more easily than 
simultaneous actions. The requirement for at least two independent and 
simultaneous actions allows for sequential actions, so long as the 
first action is held by the consumer while the second action occurs. 
Independent sequential actions, by contrast, would not require that the 
first action be held by the consumer while the second action occurs for 
the battery compartment to open, making the scenario of a child 
accidentally opening the battery compartment more likely.
    UL 4200A-2023, as incorporated into this DFR, requires two 
independent and simultaneous movements that cannot be combined into a 
single movement. This requirement adequately addresses the risk of 
opening by young children or inadvertent action by older consumers, and 
provides testing laboratories with clearer criterion for assessing the 
adequacy of multi-action locking mechanisms.
    F. Whether the proposed secureness test based on UL 4200A-2020 is 
sufficient to address reasonably foreseeable use and abuse of consumer 
products containing non-removable batteries.
    Comment 7: ITI asked for clarification on how the secureness test 
is applied to products, questioning whether the force application per 
the secureness test is to the exterior battery enclosure or to the 
battery itself.
    Response 7: Under Sec.  1263.3(f) of the NPR's proposed rule, the 
secureness test was applicable only to button cell or coin batteries 
that are accessible based on proposed Sec.  1263.3(d), which specifies 
removing ``any part of the battery compartment enclosure that can be 
opened or removed without a tool or that can be opened or removed with 
anything less than two independent and simultaneous movements.''
    Section 6.4 in UL 4200A-2023 contains a similar requirement. After 
removing any components, testers should apply an accessibility probe to 
any opening of the battery compartment. If the probe makes contact with 
any battery, the battery is considered accessible, and the secureness 
test applies a force, directed outwards, using the test hook on the 
battery itself at all points where an application of a force is 
possible. This step is intended to demonstrate that the battery cannot 
be liberated from the product.
    Comment 8: The CTA and ITI comment that the NPR incorrectly states 
that UL 4200A-2020 and IEC 62368-1 do not require abuse testing for 
products with button cell or coin batteries ``that are held fully 
captive by soldering, fasteners, or any equivalent means.'' The 
commenters explain that UL 62368-1 requires robustness tests for solid 
safeguards which address accessibility of other hazards such as shock, 
fire, mechanical, and burn. The commenters state that these 
requirements are independent of the button cell or coin batteries 
because they are general requirements for all solid enclosures or 
barriers.
    Response 8: The commenters are correct. UL 62368-1 requires all 
products containing solid safeguards to comply with the standard's 
relevant robustness tests, which include a steady force test (i.e., 
small surface compression test), drop test, impact test, and other 
abuse tests based on the specific construction materials (such as glass 
or thermoplastic). These tests are required regardless of whether the 
product contains a button cell or coin battery. CPSC staff considered 
these comments in its revised appraisal of UL 62368-1 and concluded 
that the securement test was otherwise adequately addressed with other 
requirements in the standard. See Briefing Memorandum of Staff's Final 
Rule Briefing Package.
    CPSC's proposed rule required products with non-removable button 
cell or coin batteries that are secured to the product via soldering, 
fasteners, or equivalent means to comply with the secureness test in 
Sec.  1263.3(f), and not to the abuse testing in Sec.  1263.3(e). UL 
4200A-2023 requires that button cell or coin batteries held fully 
captive by the use of soldering, fasteners such as rivets, or 
equivalent means must pass the secureness test in section 6.4 of UL 
4200A-2023. This requirement is similar to the NPR's approach and is 
adequate to meet the requirements in Reese's Law.
    G. Whether Test Probe 11 of the Standard for Protection of Persons 
and Equipment by Enclosures--Probes for Verification, IEC 61032, is 
adequate to verify accessibility of a button cell or coin battery in a 
battery compartment.
    Comment 9: Three commenters (CTA, ITI, and UL Solutions) recommend 
applying a 45 N force application with Test Probe 11 per UL 62368-1 and 
UL 4200A-2020 to determine whether a battery can be liberated from a 
consumer product by children up to age six. CTA and ITI opine that the 
50 N force in the NPR's proposed rule, which was based on IEC 62115, is 
intended for a scope of children up to 14 years old, and is too great 
because Reese's law is intended to protect children up to age six. 
Furthermore, they state the lack of incidents involving products 
certified to the 45 N requirement is evidence of adequacy. UL Solutions 
opines that the toy standard containing the 50 N force, IEC 62115, was 
developed based on the expectation that toys are continually used by 
children over its lifetime; whereas UL 4200A-2020 was developed 
assuming that children would likely come into contact with in-scope 
products, but not continually over the product's lifetime.
    Response 9: Section 6.3.5.1 of UL 4200A-2023 requires the higher 
force of 50 N based on requirements in IEC 62115 and IEC 61032. We 
disagree that the 45 N test in UL 4200A-2020 is adequate because the 
standard was developed for products that are not continuously used by 
children over a product's lifetime. The 50 N compliance test accounts 
for reasonable, foreseeable use and abuse over the course of a 
product's lifetime, presuming that most consumer products are likely to 
be accessible to children. Indeed, most of the incident data for button 
cell and coin battery ingestions involve batteries liberated from 
consumer products by children, including products that are not intended 
to be used by children. UL 4200A-2023 now relies upon the test probe in 
IEC 61032, which specifies a force of 50 N. This higher force will 
adequately protect against children accessing button cell or coin 
batteries from consumer products during reasonably foreseeable use and 
misuse conditions, as required by Reese's Law.
    H. Whether there are any additional performance requirements that 
should be considered, either for specific types of products, or in 
general.
    Comment 10: A coalition of medical and consumer organizations 
recommends adding a test to prove the effectiveness of multi-action 
locks. They

[[Page 65283]]

add that small, disc-shaped products that require a push and turn 
double-action can be mimicked by a child putting their hand on the 
product, putting the product on the floor, and then turning.
    Response 10: As explained in response to comments five and six, we 
agree that some multi-action locking mechanisms can be defeated by 
applying a single force, effectively combining the two motions of a 
double-action lock. For this reason, the proposed rule and UL 4200A-
2023 clarify that ``[t]he movements to open cannot be combinable to a 
single movement with a single finger or digit.'' Based on staff's 
testing and review of consumer products, the Commission finds this 
clarification adequate for test laboratories to determine the 
effectiveness of multi-action lock designs without additional testing.
    Comment 11: Two commenters (a consumer and CTA) discuss the 
requirement for twist-on enclosures requiring a minimum of 90[deg] 
rotation to remove. The consumer commenter recommended that a 90[deg] 
rotation is insufficient whereas CTA considers this requirement 
adequate.
    Response 11: The requirement for minimum rotation angle for twist-
on enclosures is based on a requirement in section 5.5(a) of UL 4200A-
2020. This requirement is maintained in section 5.5(a) of UL 4300A-
2023. Based on staff's testing and the lack of more stringent 
requirements in any other standards, CPSC does not have any data to 
support a greater rotation angle to prevent children ages six years and 
younger from accessing the button cell or coin battery. Accordingly, 
the Commission finds the 90[ordm] rotation angle requirement as set 
forth in UL 4200A-2023 compliant with Reese's Law section 2(a).
    I. Whether one or more performance requirements should be based on 
IEC 62368-1, in addition to, or instead of, performance requirements 
based on UL 4200A-2020.
    Comment 12: Two commenters (ITI and Garmin) discuss the fastener 
torque requirements based on Table 20 of UL 60065. ITI comments that 
the torque requirements in Sec.  1263.3(e)(1)(ii) for fasteners based 
on Table 20 of the Standard for Audio, Video and Similar Electronic 
Apparatus--Safety Requirements, UL 60065, are outdated and superseded 
by Table 37 of the Standard for Safety: Audio/Video, Information and 
Communication Technology Equipment--Part 1: Safety Requirements, UL 
62368-1. Garmin comments that the fastener torque requirements from 
Table 20 of UL 60065 do not consider small fasteners that cannot 
withstand the specified torque values.
    Response 12: Commission staff advises that Table 20 of UL 60065 is 
superseded by Table 37 of UL 62368-1 as noted by ITI and Garmin, and 
recommends updating this reference table. While UL 4200A-2023 does not 
include this update, the comments do not suggest that this constitutes 
a failure to satisfy the requirements of Reese's Law. Further, we 
disagree with Garmin's position that Table 20 of UL 60065 (and 
similarly Table 37 of UL 62368-1) do not account for small fasteners. 
The torque values in these tables are dependent on the size of the 
fasteners, with the lowest torque requirement of 0.4 Nm for fasteners 
up to 2.8 mm in diameter. As discussed in Tab D of Staff's NPR Briefing 
Package, fasteners that do not meet the minimum required torque often 
fail the preconditioning and abuse tests and therefore are inadequate 
to secure battery compartments and reduce the battery ingestion risk to 
children.
    J. Whether the proposed performance requirements are needed and are 
likely to eliminate or adequately reduce the ingestion hazard 
associated with access to button cell or coin batteries from consumer 
products.
    Comment 13: Three commenters (CPHE, FH, and AWA) opine that watches 
present a significantly lower risk than other products containing 
button cell or coin batteries. These commenters recommend imposing 
different requirements for accessing the battery for products designed 
to be opened by consumers versus those intended to be opened only by 
professionals. The commenters state that most watches are intended to 
be opened by professionals because watches cannot be opened without the 
use of special tool that is not commercially available; therefore, the 
risk that screws or the battery cover could be lost or discarded by 
consumers does not exist.
    Moreover, the commenters opine that the NPR's proposed securement 
requirements are not feasible for watches because of the limited space 
within the product to implement more complex designs. The Switzerland 
Federal Department of Economic Affairs, Education and Research 
(Switzerland) similarly asks why the NPR does not differentiate the 
requirements for the removal or replacement of the button cell or coin 
batteries by the consumer themselves from removal by professionals.
    Response 14: The NPR proposed that watches would be required to 
comply with the requirements of Sec.  1263.3(b) for removable 
batteries, which requires (1) twist-on covers with minimum torque of 
0.5 Nm to open and a minimum angle of rotation of 90[deg], or (2) 
fasteners must engage a minimum of two full threads and be held captive 
to the closure. We agree, however, with the commenters that products 
containing button cell or coin batteries that require a special tool to 
access, and can only be replaced by professionals, should have 
different requirements for battery accessibility than products with 
consumer-replaceable batteries. In particular, because the risk of 
discarding or losing an enclosure screw is low for products intended to 
only be opened by professionals, it is not reasonably necessary to 
impose a captive screw/fastener requirement for such products to reduce 
the risk of injury to young children.
    Unlike the NPR, UL 4200A-2023 contains different requirements for 
products with battery compartments only intended to be opened by a 
professional service center where children are not present. As 
explained in section II.A of this preamble, CPSC interprets UL 4200A-
2023 consistent with its purpose, so that battery compartments intended 
to only be opened by a professional service center must have both 
appropriate labeling and inability for the battery compartment to be 
opened using a common household tool, such as a straight-blade 
screwdriver, a Phillips screwdriver, pliers, or a coin. Battery 
compartments that cannot be opened with a common household tool and 
have warnings stating that the battery is not to be replaced by the 
consumer are less likely to be opened by a consumer, and therefore do 
not need to have captive screws to address the ingestion hazard. At the 
same time, products intended to be opened only by professionals can be 
opened through reasonable, foreseeable use and abuse, exposing the 
button cell or coin battery. Accordingly, UL 4200A-2023 reasonably 
requires use and abuse testing for these products, to reduce the risk 
of children under six years old accessing a battery from a battery 
compartment.
    Comment 15: JEITA requests an exemption from the scope of the rule 
implementing Reese's Law for products that use button cell or coin 
batteries that are not intended to be replaced by the user or cannot be 
removed (i.e., user-inaccessible). JEITA notes that IEC 62368-1 does 
not apply tests and warning label requirements if button cell or coin 
batteries cannot be removed because such products do not present a 
battery ingestion risk.

[[Page 65284]]

    Response 15: Reese's Law defines ``consumer products containing 
button cell or coin batteries'' as ``a consumer product containing or 
designed to use one or more button cell or coin batteries, regardless 
of whether such batteries are intended to be replaced by the consumer 
or are included with the product or sold separately.'' Notes to 15 
U.S.C. 2056e. Therefore, the Commission's implementing rule must 
address batteries that are not intended for consumer replacement. 
Moreover, we disagree with JEITA that all products containing button 
cell or coin batteries that are not intended to be replaced are 
adequately safe under Reese's Law. Consumer products may experience use 
and abuse during the product's life that may result in batteries 
becoming dislodged or otherwise accessible to children, even if the 
batteries are not intended to be user replaceable. For example, 
incident narratives collected by CPSC describe products without 
replaceable batteries that fall apart when dropped. See Footnote 1 in 
Tab A of Staff's Final Rule Briefing Package.
    Comment 16: Two commenters (CTA and ITI) recommend that a drop test 
with three repetitions is adequate for some products. While the 
commenters state that they agree that ten total drops, as proposed in 
the NPR, are appropriate for hand-held products such as remote 
controls, they recommend that three drops are adequate for other 
portable products such as equipment that is transportable but not 
intended to be held in hand while in use.
    Response 16: As explained in section II.B. above, we agree that 
requiring ten drops for all consumer products is not reasonably 
necessary to reduce the risk of button battery access to children. UL 
4200A-2023 requires a different number of repetitions for the drop 
test, based on whether a product is considered ``hand-held'' or 
``portable.'' Per UL 4200A-2023's drop test requirements, portable 
products are dropped three times and hand-held products are dropped ten 
times. The Commission finds that the approach taken in UL 4200A-2023 is 
reasonable and adequately protective under Reese's Law.

Comments in Response to Questions on Marking and Labeling Requirements

    K. Whether staff's assessment [in section V.F of the NPR preamble] 
that virtually all consumer products can accommodate either the full 
warning or one of the scaled icons is accurate.
    Comment 17: Four commenters (The Toy Association, CTA, ITI, and 
RILA) do not support on-product warning labels, citing limitations due 
to small product size. Other concerns presented by commenters pertain 
to textured surfaces, product material, or unspecified ``other'' 
limitations. The Toy Association asserts that labeling requirements 
will add significant costs in terms of timing, tooling, and molding. 
Four commenters (JEITA, CTA, Household & Commercial Products 
Association (HCPA), and ITI) request exemptions from on-product 
labeling where button cell or coin batteries are not accessible and not 
intended to be replaced by the consumer.
    Response 17: Reese's Law requires that, where practicable, warning 
labels be placed directly on a consumer product in a manner that is 
visible to the consumer upon installation or replacement of the 
battery. Even for products with non-replaceable batteries, Reese's Law 
requires warning labels to be placed in a manner that is visible upon 
access to the battery compartment, where practicable. As summarized in 
Table 1b above, UL 4200A-2023 satisfies Reese's Law's requirements for 
warning labels on consumer products and consumer product packaging.
    L. Whether the internationally recognized safety alert symbol, as 
shown in yellow color, indicating the presence of a button cell or coin 
battery, should be required on all consumer products containing such 
batteries.
    Comment 18: A coalition of medical and consumer organizations, 
RILA, and Landsdowne Labs support on-products alert symbols as some 
consumers are not aware that the product uses a button cell or coin 
battery. JEITA and ITI propose products that do not have user 
accessible batteries be exempt from requiring an alert. Garmin does not 
support the use of a color for alert symbol on the product.
    Response 18: Reese's Law requires products containing button cell 
or coin batteries not intended for consumer replacement to have a 
warning label on the consumer product in a manner that is visible to 
the consumer upon access to the battery ``as practicable.'' 15 U.S.C. 
2056e(a)(2)(C)(ii). If it is impracticable to label the product, this 
information must be placed on the packaging or instructions. Id. 
Section 7 of UL 4200A-2023 meets these requirements. The Commission's 
NPR proposed an alternative to the on-product warning label to increase 
the visibility that a product contains a button cell or coin battery 
and likelihood for all products to feature an alert where it otherwise 
may not be practicable. However, based on the comments, the proposed 
yellow color may not be clear or appropriate in all cases. Section 7B 
of UL 4200A-2023 does not require use of the yellow color unless the 
label already uses more than one color.

Comments in Response to Questions on Other Topics Posed in the NPR

    M. Whether a later or an earlier effective date would be 
appropriate to comply with the proposed requirements and to provide 
specific information to support such a later or an earlier effective 
date.
    Comment 19: Commenters differed in their recommendations for an 
effective date for a final rule of the Commission, from the proposed 
180 days (consumer advocates) to up to 3 years (manufacturer 
associations). A few commenters provided detailed timelines of the 
necessary activities (product redesign, testing, certification 
sourcing, supply chain management, etc.) which ranged from 12 months to 
36 months in total. A commenter also contended that additional time is 
required to accredit third party laboratories for a large variety of 
product types. Energizer and NEMA request that battery manufacturers be 
allowed to sell through their existing stocks of child-resistant 
packaging and labels that were purchased to comply with section 3 of 
Reese's Law.
    Response 19: Because the Commission determines that UL 4200A-2023, 
which is currently effective as a voluntary standard, meets the 
performance and labeling requirements in section 2(a) of Reese's Law 
with regard to consumer products containing button cell and coin 
batteries, section 2(e) of Reese's Law states that UL 4200A-2023 is 
treated as a consumer product safety rule as of the date of the 
Commission's determination. 15 U.S.C. 2056e(d) and (e). However, 
because the Commission is codifying its incorporation of UL 4200A-2023 
in the Code of Federal Regulations, the DFR provides a 30-day effective 
date for that new rule. As noted, moreover, the Commission is granting 
a 180-day transitional period of enforcement discretion.
    N. In the initial regulatory flexibility analysis (IRFA), the 
number of small firms impacted and expected cost impact on small firms 
(as a percentage of annual revenue) of the proposed rule.
    Comment 20: One firm commented that staff's estimate of a testing 
cost of $150 to $350 is too low and that a quote received by the firm 
to perform similar tests exceeded staff's estimate by more than $1,650 
per sample tested. The firm stated this would pose a substantial burden 
to the firm as they do not possess the necessary skill set or expertise 
to mitigate these costs by

[[Page 65285]]

developing a reasonable testing program in lieu of performing third 
party testing.
    Response 20: The Commission's determination regarding UL 4200A-2023 
is not required to be done through notice and comment rulemaking, and 
thus we have no requirement to provide a final regulatory flexibility 
analysis (FRFA) for this DFR. Nevertheless, staff collected an 
additional price quotation from an accredited test laboratory and 
revised the estimated testing cost from $150 to $350 per sample to $150 
to $460 per sample, as presented in Tab F of Staff's Final Rule 
Briefing Package. Staff's revised estimate is lower than the estimate 
provided by the commenter, which we do not find credible as a 
representative cost.
    Comment 21: One firm (Nite Ize) commented that CPSC failed to 
account for potential costs related to patent filing and enforcement. 
The firm expressed concern that current product patents for novel 
product lines would need new filings to provide robust intellectual 
property protection.
    Response 21: CPSC has not been provided with sufficient information 
to assess whether current consumer product patents would lose any or 
all value due to the implementation of Reese's Law, or whether a new 
patent filing would be required to legally enforce intellectual 
property rights. We note, however, that a new patent filing could 
provide a longer period of protection, which could mitigate any loss in 
the value of prior patents.
    Comment 22: Nite Ize and the Toy Association state that the IRFA's 
cost per product line estimates for research, development, and 
retooling are too low as CPSC failed to account for product lines that 
require unique solutions.
    Response 22: While a FRFA is not required, commenters do not 
provide specific alternative cost estimates or justification of their 
view.

Comments Addressing Other Issues

    O. International regulations.
    Comment 23: Garmin and RILA support harmonization with Australia's 
regulations addressing performance and labeling requirements for 
products containing button cell or coin batteries.
    Response 23: Reese's Law requires the Commission to promulgate a 
rule that contains a performance standard that will eliminate or 
adequately reduce the risk of injury from button cell or coin battery 
ingestion and warning labels. Reese's Law allows the Commission to rely 
on a voluntary standard if it determines that a voluntary standard 
would meet the performance and labeling requirements for a standard 
issued under section 2(a) of Reese's Law. 15 U.S.C. 2056e(d)(1). The 
Australia regulation is not a voluntary standard. However, for the NPR, 
CPSC staff reviewed the voluntary standards referenced by the 
Australian regulation, and the Commission preliminarily determined that 
none of those standards met the requirements of Reese's Law. Tabs D and 
E of Staff's Final Rule Briefing Package, and section II of this 
preamble, contain updated assessments of the voluntary standards, 
including UL 4200A-2023, which is adequate to meet the performance and 
labeling requirements in section 2(a) of Reese's Law.
    P. Silver-oxide battery chemistries.
    Comment 24: CPHE, FH, AWA, and Renata SA state that silver-oxide 
button cell and coin batteries should be excluded from a Commission 
rule implementing Reese's Law because of a lack of fatal incident data 
with these batteries and children's inability to access these batteries 
in watches. Duracell states that silver-oxide batteries should contain 
different warnings than lithium batteries because they are lower 
voltage. Switzerland asks whether silver oxide batteries could be 
excluded from the rule.
    Response 24: As reviewed in Tab C of Staff's Final Rule Briefing 
Package, Jatana et. al. (2017) found in testing using an animal model 
that silver-oxide button or coin cell batteries caused severe 
esophageal injuries. Based on the medical literature, staff does not 
recommend excepting silver-oxide batteries from the scope of the final 
rule, and UL 4200A-2023 does not contain such an exception.
    Q. Firearm accessories and other household products containing 
button cell or coin batteries.
    Comment 25: Bushnell states that firearm accessories appear to be 
subject to the proposed requirements, and that the firearm itself is 
intended to act as the battery door or cover for these products.
    Response 25: Modular consumer products or component parts of 
consumer products containing button cell or coin batteries, like the 
firearm accessories described by the commenter, must meet the same 
requirements as other consumer products, independent of their intended 
use. Modular consumer products can be attached to or installed by a 
consumer on other products to change the host product's design or 
capabilities. A modular consumer product, however, could foreseeably 
remain unattached from the product(s) it is designed to complement. To 
eliminate or adequately reduce the risk of injury from battery 
ingestion, these products must independently meet the performance 
requirements in the final rule, to prevent unintended access to button 
cell or coin batteries by children.
    Comment 26: A consumer safety consultant (Mary Toro) and RILA state 
that some products containing button cell or coin batteries are made of 
fragile materials (such as glass or ceramic materials) that are likely 
to break during the proposed testing protocol. RILA states that the 
testing proposed in the NPR is not appropriate for these products, and 
that alternative test methods should be allowed for such products.
    Response 26: The performance requirements in UL 4200A-2023 are 
likely to cause products made of materials like glass or ceramic to 
break. Because it is also reasonably foreseeable that a glass or 
ceramic product may break if knocked to the ground or dropped, which 
could make accessible to a child a button cell or coin battery 
contained inside, the button cell or coin battery could be further 
contained in a battery compartment that meets the requirements of the 
final rule. The manufacturer can test its product to ensure the product 
meets the requirements of the final rule, or use in its product a 
battery compartment that has already been tested or certified to the 
requirements, as allowed by 16 CFR part 1109.
    R. ``Try Me'' buttons.
    Comment 27: A consumer asks for clarification whether ``Try Me'' 
buttons containing button cell or coin batteries, that are used only in 
stores and not intended for sale, are within the scope of the final 
rule. UL Solutions states that products can incorporate ``Try Me'' 
buttons in retail displays or as part of product packaging, and their 
disposal should be addressed.
    Response 27: ``Try Me'' buttons are within the scope of the final 
rule because they are consumer products that are used by consumers. 
Purchase of a product is unnecessary to be considered a ``consumer 
product'' under CPSC's jurisdiction. 15 U.S.C. 2052(a)(5) (stating, 
inter alia, that a consumer product is for ``the personal use, 
consumption or enjoyment of a consumer in or around a permanent or 
temporary household or residence, a school, in recreation, or 
otherwise.''). Consumers, including children, are subject to hazards 
associated with ``Try Me'' buttons. ``Try Me'' buttons may experience 
drops, impacts, and other patterns of use and abuse similar to any 
other product within the scope of the final rule and are therefore 
subject to the rule. In fact, CPSC is aware of at least

[[Page 65286]]

one incident involving a coin battery from a ``Try Me'' button.\12\
---------------------------------------------------------------------------

    \12\ See Footnote 6 in Tab A of the Staff's Final Rule Briefing 
Package.
---------------------------------------------------------------------------

    S. Use of color in the requirements for marking and labeling.
    Comment 28: Several commenters (JEITA, Duracell, Garmin, HCPA, and 
CTA) state that the use of color on packing, instructions, or manuals, 
and on some consumer products, would be challenging and add costs to 
the manufacturing and printing process, particularly for those 
materials that do not already incorporate color. Duracell and Technet 
also stress that various product safety standards (e.g., ASTM F963, 
ANSI C18.3, or ANSI Z535 series) do not mandate the use of colors and 
accept black and white printing or contrasting colors to the 
background. Commenters state, however, that if color is used for the 
signal panel, then colors should conform to ANSI Z535.1 safety colors 
that correspond to the safety message. The Toy Association and RILA 
state that the use of color may not be reasonable to print on certain 
product materials, for example, colored or textured plastics.
    Response 28: Applying color to some materials (e.g., consumer 
product packaging, manuals, or other collateral material) that do not 
already contain color may present a burden to some manufacturers. UL 
4200A-2023 requires the use of color when the subject materials already 
use printed color processing; otherwise, the use of black and white or 
contrasting colors is acceptable. The use of color is not specified in 
Reese's Law; thus this variation from the NPR does not conflict with 
the statute and is safety neutral because the label or icon will 
visually align with other information on the display while ensuring 
that it is noticeable due to its contrast or color.
    T. Text size, icons, and alternative symbols for marking and 
labeling.
    Comment 29: Renata Batteries, ITI, The Toy Association, RILA, BAJ, 
and Duracell express cost concerns with increased packaging sizes 
required to accommodate larger warning labels and font sizes, 
especially for small products. Another commenter states that the 
minimum letter size requirements for packaging warnings may make other 
warnings on product packaging less prominent.
    Response 29: The NPR proposed that font size requirements for both 
on-product and on-packaging warning labels be determined based on the 
size of the principal display panel (generally the front face) of the 
package or the product display panel (such as the surface area on, 
near, or in the battery compartment). Reese's Law requires that warning 
labels clearly identify the hazard of ingestion, and this requirement 
is met when warning labels are displayed prominently on the principal 
display panel. For very large products or packages with principal 
display panels exceeding 400 inch\2\, the required letter size could be 
larger than standard font sizes usually referenced in other standards.
    UL 4200A-2023 contains the same size requirements set forth in the 
NPR. The minimum letter size is comparable to font sizes in other 
standards, and therefore of similar prominence when displayed on the 
same panel. The largest packaging will have ample room for additional 
warnings that are of comparable size to the requirements in the NPR. 
This level of prominence is appropriate to inform consumers which 
products contain button cell or coin batteries and to adequately reduce 
the risk of injury from ingestion.
    Comment 30: A consumer (Fo Xu) asks how to determine the size of 
the text for consumer products and its packaging and whether it is 
acceptable to use smaller size labels on the consumer products. 
Energizer requests clarification whether CPSC will identify the surface 
size for which the alternative on-product label can be used, or whether 
manufacturers can use reasonable judgement.
    Response 30: The NPR proposed that consumer products be durably and 
indelibly marked with a warning label on the product display panel that 
alerts the consumer of the presence of a button cell or coin battery. 
``Product display panel'' was defined in proposed Sec.  1263.2(f). The 
NPR proposed that text size be determined based on table 1 in the 
regulation text, or if on a sticker label, using the minimum size 
requirements in Sec.  1263.4(a)(7). UL 4200A-23 incorporates these 
requirements from the NPR. The minimum text size is dependent on the 
size of the principal display panel or the product display panel. 
Manufacturers can use alternative on-product labels in situations where 
the full label does not fit in the measured product display panel area, 
as described in UL 4200A-2023.
    Comment 31: The Toy Association recommends that for consumer 
product packaging and instructions, the ``Keep Out of Reach'' icon be 
changed to the safety alert symbol for coin batteries because the 
intent of the icon is not to keep the consumer product away from 
children.
    Response 31: We agree with the commenter. Some products that 
contain button cell or coin batteries are intended for use by children, 
so using the ``Keep Out of Reach'' icon on those products may confuse 
consumers by appearing to instruct caregivers to keep the product, 
rather than the battery, away from children. To prevent consumer 
confusion, UL 4200A-2023 provides the option of replacing the ``Keep 
Out of Reach'' icon on consumer product packaging, as well as 
instructions, with the safety alert symbol to indicate ``Warning: 
Contains Coin Battery.'' Accordingly, manufacturers will have a choice 
based on the product's intended user. See Tab D of Staff's Final Rule 
Briefing Package for a more detailed discussion of this issue.
    Comment 32: CTA states that in the NPR the proposed symbol for 
``Warning: Contains Coin Battery'' has a different aspect ratio and is 
rotated farther than the internationally accepted symbols for coin and 
button cell batteries and that the symbol should match internationally 
recognized symbols.
    Response 32: While UL 4200A-2023 includes the icon from the NPR, 
the button cell or coin battery portion of the symbol can be replaced 
with other internationally recognized symbols in ISO 7000-W0001 and IEC 
60417-6367, to have consistency.
    U. Tolerances for values specified in the proposed rule.
    Comment 33: ITI comments that the proposed rule did not include 
tolerances for its specified values and opines that the purpose of 
tolerances is to give reasonable allowances (e.g., manufacturability 
and testability) that will not have a significant impact on test 
results. The commenter contends that eliminating tolerances could force 
unnecessary retesting or could make it impractical to apply the test 
without custom test equipment. ITI recommends including tolerances in 
the rule that align with voluntary standards.
    Response 33: Because the Commission is incorporating by reference 
UL 4200A-2023 as the mandatory standard, tolerances as stated in the UL 
standard are included in the final rule.
    V. Warning label permanency.
    Comment 34: RILA states that the permanency requirement for warning 
labels in the NPR is unclear. One commenter recommends on-product 
permanency be tested in accordance with the test requirements in UL 
62368-1, section F.3.9.
    Response 34: We agree with the commenter that on-product warning 
label permanence should comply with the test requirements in UL 62368-
1: F.3.9. This test evaluates the legibility of printed or screened 
markings and

[[Page 65287]]

ensures adhesive labels cannot be easily removeable by hand. Section 7D 
of UL 4200A-2023 includes requirements for label permanence. All 
warning statements or icons shall be prominent, legible, easily 
discernable under normal lighting conditions, and permanently marked; 
and printed and screened markings are tested in accordance with the 
label permanency test method adapted from UL 62368-1, section F.3.10 
(consistent with the requirements in UL 62368-1: F.3.9).
    W. CPSC's statutory authority.
    Comment 35: The AWA filed a late comment stating that certain parts 
of the NPR's proposed rule relating to securement of battery 
compartments constitute design or construction standards, which are not 
allowed by the CPSA or Reese's Law.
    Response 35: To meet the performance requirements in UL 4200A-2023 
for securement of battery compartments, manufacturers may choose to use 
either any type of fastener that requires a tool of the manufacturers' 
choice, or a multi-action locking mechanism. The market already employs 
many different battery compartment enclosure designs that depend on the 
size, shape, and materials of the consumer product. For example, remote 
controls include battery compartments that are either secured with 
screws or that slide out of the base (and typically require two 
independent and simultaneous actions to do so); many garage door 
openers require a tool to open but do not use screws or twist-on access 
covers; and battery compartments in light-up clothing are frequently 
stitched into the clothing.
    Additionally, the UL 4200A-2023 performance requirements specify 
that battery compartments for replaceable batteries using screws or 
fasteners are to remain captive to the battery compartment door, cover, 
or closure when loosened. These performance requirements do not specify 
how the manufacturer must design the battery compartment to ensure the 
screw or fastener remains captive. Many possible solutions exist, 
including a retaining washer, a press fit cap, a tether, or other 
means.
    X. Product categories.
    Comment 36: In response to the April 11, 2023 Federal Register 
notice requesting comment on the Paperwork Reduction Act (PRA) burden 
associated with non-children's products subject to the proposed rule 
(88 FR 21652), the China National Center of Standards Evaluation and 
P.R. China suggest that products be categorized by risk level depending 
on how frequently a child comes into contact with the products, and 
that CPSC should develop a list of products to which the regulation 
applies.
    Response 36: Although this comment was filed in response to the PRA 
notice, the comment is about the substance of the rule. The commenters' 
suggestion to broadly qualify implementation of Reese's Law is contrary 
to the requirements of the statute, which requires CPSC to promulgate a 
rule or identify a voluntary standard, with performance and labeling 
requirements, for all consumer products that contain or are designed to 
use button cell or coin batteries. The rule or voluntary standard must 
eliminate or adequately reduces the risk of ingestion to children six 
years old or younger during foreseeable use and misuse conditions. 
Accordingly, the Commission will not adopt the commenters' suggestion 
to exclude from the Commission's implementation of Reese's Law a 
potentially large number of consumer products that are covered by the 
law and present at least some degree of ingestion hazard.
    Y. Toy products.
    Comment 37: In response to the April 11, 2023, Federal Register 
notice requesting comment on the PRA burden associated with non-
children's products subject to the proposed rule (88 FR 21652), 
Switzerland asks why products containing button cell or coin batteries 
that are subject to Reese's Law must fulfill more stringent 
requirements than those imposed for toys that are compliant with the 
toy standard of ASTM F963, as incorporated by reference in 16 CFR part 
1250.
    Response 37: Although this comment was filed in response to the PRA 
notice, the comment is about the substance of the rule and not about 
the paperwork burden. Section 4 of Reese's Law, Notes to 15 U.S.C. 
2056e, specifically exempts ``any toy product that is in compliance 
with the battery accessibility and labeling requirements'' of 16 CFR 
part 1250. Accordingly, toy products are not within the scope of the 
rule and are already covered by the existing toy standard. However, we 
agree with the commenter that the requirements for children's and non-
children's products that contain button cell or coin batteries that are 
subject to this final rule are more stringent than those imposed for 
toys. On March 20, 2023, CPSC staff sent a letter to the ASTM F15.22 
toy subcommittee requesting that the subcommittee consider changes to 
ASTM F963 which would adequately address incidents and hazards 
involving toys.\13\
---------------------------------------------------------------------------

    \13\ Staff's letter to the ASTM F15.22 subcommittee can be found 
here: https://www.cpsc.gov/s3fs-public/Letter-to-ASTM-F15-22-Reeses-Law-NPR-230320.pdf?VersionId=6ZGPs5nSLhBGlFdoz1IWHF1wo.oOgarH.
---------------------------------------------------------------------------

Comments Addressing the PRA

    Z. The accuracy of CPSC's estimate of the burden of the proposed 
collection of information.
    Comment 38: ITI, CTA, JEITA, AWA, and RILA believe that the CPSC 
underestimated the burden of the collection of information proposed in 
the NPR. ITI believes that the labor rates used may under-represent the 
burden cost. ITI and RILA request that CPSC provide additional detail 
on how the PRA burden estimates were derived. While CTA indicates that 
it is standard practice within the technology sector to include 
warnings on product labels, the labeling is different enough to warrant 
additional hourly PRA burden associated with labeling. Relatedly, ITI 
suggests that product labeling should not be considered ``usual and 
customary'' and is within the definition of ``PRA burden.''
    ITI indicates that manufacturers may have more than two product 
families and therefore the estimate of 15,363 firms with 2 products 
each understates the number of unique non-children's products 
containing coin/button cells on the U.S. market.
    Response 38: Based upon the comments received, CPSC is adjusting 
its burden estimates upward, as shown in Table 6 in this preamble. 
Additionally, CPSC adopts a higher wage rate to represent total 
compensation costs for private industry workers in goods producing 
industries. We provide the substance of this revised PRA burden 
estimate in section X of this preamble.
    AA. Ways to reduce the burden of the collection of information on 
respondents, including the use of automated collection techniques when 
appropriate, and other forms of information technology.
    Comment 39: JEITA notes that the final rule would impose 
requirements different from those of international standards, and that 
this will burden manufacturers as labeling and testing for products 
intended for use in the United States would need to be completed 
separately from labeling and testing for other markets.
    Response 39: Burdens and potential efficiencies associated with 
testing to international standards, in addition to CPSC standards, are 
outside the scope of

[[Page 65288]]

PRA burden estimates for the proposed rule.
    BB. The estimated burden hours associated with labels and hang 
tags, including any alternative estimates.
    Comment 40: ITI, CTA, JEITA, and AWA provide estimates of hourly 
burden for various industry sectors. See Tab A, Issue 36, in Staff's 
Final Rule Briefing Package. CPSC did not receive any detailed 
estimates on the total number of respondents to which this collection 
would apply, but data provided by various commenters on the number of 
firms to which the collection would apply imply that CPSC has likely 
overestimated the number of respondents. Commenters provided 
alternative estimates for the frequency of response based upon the 
number of product families to which the rule might apply. However, 
these estimates were not provided at the establishment level and are 
therefore difficult to compare to CPSC estimates, which are based on 
U.S. Census Bureau establishment data.
    Response 40: Although burdens will vary for different industry 
sectors and by product as pointed out by commenters, the estimates 
provided by commenters generally support the Commission's average 
burden calculations. CPSC assumes, moreover, that industry sectors 
responding to the public notice likely will experience comparatively 
large impacts from implementation of Reese's Law.
    CC. The estimated respondent cost other than burden hour cost.
    Comment 41: JEITA believe that the cost of test samples should be 
included in the estimated respondent cost.
    Response 41: According to guidance provided by the Office of 
Management and Budget (OMB) and General Services Administration (GSA), 
the burdens calculated under the PRA typically do not include 
estimating the cost of test samples. See https://pra.digital.gov/about/.

Comments Addressing Out-of-Scope Issues

    Tab A of Staff's Final Rule Briefing Package discusses comments 
received on topics that are out of scope for this rulemaking.

IV. Commission Determination Regarding UL4200A-2023 and Description of 
the Final Rule's Requirements

    After consideration of the public comments summarized in section 
III of this preamble and Staff's Final Rule Briefing Package, and for 
the reasons given in this Federal Register notice, the Commission 
determines that UL 4200A-2023 meets the performance and labeling 
requirements in section 2(a) of Reese's Law for consumer products that 
contain button cell or coin batteries. 15 U.S.C. 2056e(d)(1). The 
Commission does not make this determination with respect to the 
labeling of battery packaging, because UL 4200A-2023 does not address 
the labeling of battery packaging. Pursuant to section 2(e) of Reese's 
Law, UL 4200A-2023 is a consumer product safety rule on the date the 
Commission makes this determination, September 8, 2023. However, 
because the Commission is codifying the requirements in the Code of 
Federal Regulations, for purposes of the direct final rule, the rule is 
effective 30 days after publication in the Federal Register. 
Furthermore, in recognition of the potential hardship resulting from 
immediate effectiveness of UL 4200A-23 as a mandatory standard in 
accordance with Reese's Law, the Commission is granting a 180-day 
transitional period of enforcement discretion.
    Table 3 summarizes the performance requirements in UL 4200A-2023 
applicable to consumer products with battery compartments for 
replaceable button cell or coin batteries, and Table 4 summarizes the 
standard's performance requirements applicable to consumer products 
with battery compartments for non-replaceable button cell or coin 
batteries.

    Table 3--Summary of Performance Requirements in UL 4200A-2023 for
 Consumer Products With Battery Compartments for Replaceable Button Cell
                            or Coin Batteries
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Button cell or coin batteries must not become accessible or liberated
 when tested to these requirements:
------------------------------------------------------------------------
 Performance Requirements for Battery Compartment Securement (UL Section
                                5.2-5.6)
------------------------------------------------------------------------
Battery Compartment Securement      Option 1: Coin, screwdriver, or
 Options (UL Section 5.5-5.6).       other tool.
                                     Captive screws.
                                       [cir] Exceptions for products
                                        containing batteries not
                                        intended to be replaced by the
                                        consumer. Such products shall
                                        have instructions and warnings
                                        that clearly state the battery
                                        is not to be replaced by the
                                        consumer.
                                       [cir] Exception 1: Products that
                                        can only be accessed through the
                                        removal of multiple enclosures
                                        or panels using a tool.
                                       [cir] Exception 2: Products that
                                        are only to be opened by a
                                        professional service center
                                        (where children are not
                                        present).
                                     Two threads engaged or
                                     minimum torque + spin angle.
                                    Option 2: At least two independent &
                                     simultaneous hand movements.
                                     Shall not be combinable to
                                     a single movement with a finger or
                                     digit.
Accessibility Test (UL Section 5.3- Open or remove any part of the
 5.4).                               compartment not meeting Option 1 or
                                     Option 2. Apply Tension Test for
                                     Seams from ASTM F963 on pliable
                                     materials, using a force of 70.0 N
                                     (15.7 lbf). Determine whether Test
                                     Probe 11 from IEC 61032 can touch
                                     the battery.
------------------------------------------------------------------------
              Preconditioning Requirements (UL Section 6.2)
------------------------------------------------------------------------
Preconditioning in Oven (UL         Thermoplastics--7 hours at 158
 Section 6.2.1).                     [deg]F or greater, based on
                                     operational temperature.
Simulated Battery Replacement (UL   Open/Close and remove/install
 Section 6.2.2).                     battery 10 times.
------------------------------------------------------------------------
                  Use and Abuse Tests (UL Section 6.3)
------------------------------------------------------------------------
Drop Test (UL Section 6.3.2)......  Handheld products are 10 drops while
                                     portable products are 3 drops. Each
                                     drop is from 1 m (39.4 in) on
                                     hardwood, in positions likely to
                                     produce maximum force.
Impact Test (UL Section 6.3.3)....  3 impacts on battery compartment
                                     with steel sphere, 2 J (1.5 ft-lbf)
                                     of energy.
Crush Test (UL Section 6.3.4).....  330 N  5 N (74.2 lbf
                                      1.1 lbf) for 10 s,
                                     using 100 by 250 mm (3.9 by 9.8 in)
                                     flat surface.

[[Page 65289]]

 
Compression Test (UL Section        Test from 16 CFR Part 1250, using a
 6.3.4A).                            force of at least 136 N (30.6 lbf).
Torque Test (UL Section 6.3.4B)...  Test from 16 CFR part 1250, using a
                                     torque of at least 0.50 Nm (4.4 in.-
                                     lbf).
Tension Test (UL Section 6.3.4C)..  Test from 16 CFR part 1250, using a
                                     force of at least 72.0 N (16.2
                                     lbf).
Probe for Accessibility (UL         Apply 50 N to 60 N (11.2 lbf to 13.4
 Section 6.3.5).                     lbf) with Test Probe 11 from IEC
                                     61032 to confirm compliance.
------------------------------------------------------------------------


    Table 4--Summary of Performance Requirements in UL 4200A-2023 for
 Consumer Products With Battery Compartments for Non-Replaceable Button
                         Cell or Coin Batteries
------------------------------------------------------------------------
 
------------------------------------------------------------------------
  Products that incorporate button cell or coin batteries that are not
   intended for user removal or replacement shall effectively prevent
             removal of the battery by the user or children.
------------------------------------------------------------------------
Option 1--Not Accessible (UL         Made inaccessible by an
 Section 5.7(a)).                    enclosure that meets the same
                                     applicable preconditioning and use
                                     and abuse test requirements as
                                     battery compartments for
                                     replaceable batteries.
Option 2--May be Accessible (UL      Secured with soldering,
 Section 5.7(b)).                    fasteners such as rivets, or
                                     equivalent means.
                                     Confirmed with secureness
                                     test: test hook applies a force of
                                     20 N  2 N (4.5 lbf
                                      0.4 lbf) directed
                                     outwards for 10 s, at all possible
                                     points. Battery cannot liberate
                                     from the product.
------------------------------------------------------------------------

    The warning label requirements for consumer products and consumer 
product packaging in UL 4200A-2023 are substantively similar to the 
warning label requirements in the NPR (88 FR 8706-09), with the 
following differences:
     Colored markings must comply with the ISO 3864 series of 
standards;
     Color is required only when the markings are printed on a 
label using more than one color;
     Manufacturers may choose to use either the ``Keep Out of 
Reach of Children'' icon or the ``Warning: Contains Coin Battery'' icon 
on the consumer product packaging label;
     Permanence of markings is tested consistent with the 
requirements in UL 62368-1, section F.3.9;
     Inclusion of an additional warning statement in 
instructions and manuals to ``Always completely secure the battery 
compartment. If the battery compartment does not close securely, stop 
using the product, remove the batteries, and keep it away from 
children.''
     Removal of requirements for battery package warnings 
because they are being finalized in a separate final rule, and removal 
of certain performance and technical data requirements proposed under 
section 27(e) of the CPSA, which are not being finalized at this time.
    In the following discussion, we provide a section-by-section 
summary of the final rule.

A. Section 1263.1 Scope, Purpose, Effective Date, and Exemption

    Final rule Sec.  1263.1(a) explains the scope and purpose of the 
safety standard required by Reese's Law, as proposed in the NPR, with 
two modifications: the removal of the provision for units, which is 
addressed instead in UL 4200A-2023, and removal of the provision for 
battery package labeling, which is addressed in a separate final rule. 
15 U.S.C 2056e, Public Law 117-171. Based on section 2 of Reese's Law, 
the scope of the final rule includes consumer products containing 
button cell or coin batteries, including the packaging of such consumer 
products and accompanying literature.
    Section 1.3 of UL 4200A-2023 provides the scope of the voluntary 
standard, stating that the requirements apply to consumer products 
containing button batteries or coin cell batteries.\14\ This scope is 
consistent with Reese's Law, which defines a ``consumer product 
containing button cell or coin batteries'' as ``a consumer product 
containing or designed to use one or more button cell or coin 
batteries, regardless of whether such batteries are intended to be 
replaced by the consumer or are included with the product or sold 
separately.'' \15\ This definition includes products that are not sold 
with a battery but are designed to use a button cell or coin battery.
---------------------------------------------------------------------------

    \14\ Section 1.3 of UL 4200A-2023 also states that the standard 
does not include ``products that by virtue of their dedicated 
purpose and instructions are not intended to be used in locations 
where they may be accessed by children, such as products for 
dedicated professional use or commercial use in locations where 
children are not normally or typically present.'' The Commission 
interprets this exclusion from the scope of the standard consistent 
with the Commission's jurisdictional authority in section 3 of the 
CPSA. For example, products used solely in professional settings are 
within the jurisdiction of the Occupational Safety and Health 
Administration. However, consumer products generally available for 
use or purchase by consumers are within the Commission's 
jurisdiction. 15 U.S.C. 2052(a)(5).
    \15\ Notes to 15 U.S.C. 2056e. The term ``consumer product'' has 
the same meaning as that in section 3(a) of the Consumer Product 
Safety Act (CPSA). 15 U.S.C. 2052(a).
---------------------------------------------------------------------------

    Section 1263.1(b) of the final rule establishes the effective date 
of the direct final rule. Because the Commission determines that UL 
4200A-2023 meets the requirements in section 2(a) of Reese's Law, 
section 2(e) of Reese's Law provides that the voluntary standard is 
treated as a consumer product safety rule as of the date of the 
Commission's determination. However, for the direct final rule, the 
effective date is 30 days after publication, as explained in section 
VII of this preamble. Consistent with section 6 of Reese's Law (Notes 
to 15 U.S.C. 2056e), the rule requires that all consumer products and 
packaging containing button cell or coin batteries that are subject to 
the final rule, and that are manufactured or imported 30 days after 
publication of the final rule in the Federal Register, must comply with 
the requirements of this part. The Commission is granting a 180-day 
transitional period of enforcement discretion, to begin September 21, 
2023.
    Final rule Sec.  1263.1(c) describes the exemption in Reese's Law 
for toy products that meet ASTM F963, as incorporated into 16 CFR part 
1250. UL 4200A-2023 excludes the same products from its scope.
    Final rule Sec.  1263.1(d) retains the exception for button cell 
and coin batteries that do not pose an ingestion hazard as proposed, 
meaning zinc-air batteries. This exception is also stated in UL 4200A-
2023.

B. Section 1263.2 Definitions

    Final rule Sec.  1263.2 provides applicable definitions as proposed 
in the NPR, explaining that the definitions in section 3 of the CPSA 
and section 5

[[Page 65290]]

of Reese's Law also apply to this rule. The final rule codifies several 
definitions from Reese's Law relevant to requirements for consumer 
products containing button cell or coin batteries, such as ``button 
cell or coin battery'' and ``consumer product containing button cell or 
coin battery.'' Definitions related to battery package labeling are 
being finalized in a separate final rule.

C. Section 1263.3 Requirements for Consumer Products Containing Button 
Cell or Coin Batteries

    Final rule Sec.  1263.3 incorporates by reference the requirements 
in UL 4200A-2023, approved on August 30, 2023, as the mandatory 
standard for performance and labeling of consumer products containing 
button cell or coin batteries. Sections 5 and 6 of UL 4200A-2023 
contain performance requirements, and labeling requirements are in 
sections 7 and 8 of UL 4200A-2023. Tabs D and E of Staff's Final Rule 
Briefing Package, and Tables 3 and 4 in this preamble, describe the 
performance and labeling requirements in UL 4200A-2023 that are 
incorporated by reference.

V. Testing, Certification, and Notice of Requirements

    Section 14(a) of the CPSA includes requirements for certifying that 
consumer products comply with applicable mandatory standards. 15 U.S.C. 
2063(a). Section 14(a)(1) addresses required certifications for non-
children's products, and sections 14(a)(2) and (a)(3) address 
certification requirements specific to children's products.
    Non-Children's Products. Section 14(a)(1) of the CPSA requires 
every manufacturer (which includes importers per 15 U.S.C. 2052(a)(11)) 
of a non-children's product that is subject to a consumer product 
safety rule under the CPSA or a similar rule, ban, standard, or 
regulation under any other law enforced by the Commission to certify 
that the product complies with all applicable CSPSC-enforced 
requirements. 15 U.S.C. 2063(a)(1). Section 14(g) of the CPSA contains 
content and availability requirements for certificates. 15 U.S.C. 
2063(g).
    Children's Products. A ``children's product'' is a consumer product 
that is ``designed or intended primarily for children 12 years of age 
or younger.'' 15 U.S.C. 2052(a)(2). Section 4 of Reese's Law 
specifically exempts from the performance and labeling requirements in 
section 2 of the law, any toy product that is in compliance with the 
battery accessibility and labeling requirements in 16 CFR part 1250, 
the mandatory toy standard. However, all non-toy children's products 
that contain button cell or coin batteries are subject to the final 
rule and must be tested by a CPSC-accepted third party laboratory and 
certified as compliant.
    The following factors are relevant when determining whether a 
product is a children's product:
     manufacturer statements about the intended use of the 
product, including a label on the product if such statement is 
reasonable;
     whether the product is represented in its packaging, 
display, promotion, or advertising as appropriate for use by children 
12 years of age or younger;
     whether the product is commonly recognized by consumers as 
being intended for use by a child 12 years of age or younger; and
     the Age Determination Guidelines issued by CPSC staff in 
January 2020, and any successor to such guidelines.
    Id. ``For use'' by children 12 years and younger generally means 
that children will interact physically with the product based on 
reasonably foreseeable use. 16 CFR 1200.2(a)(2). Children's products, 
for example, may be decorated or embellished with a childish theme, be 
sized for children, or be marketed to appeal primarily to children. Id. 
Sec.  1200.2(d)(1).
    Section 14(a)(2) of the CPSA requires the manufacturer or private 
labeler of a children's product that is subject to a children's product 
safety rule to certify, based on a third party conformity assessment 
body's testing, that the product complies with the applicable 
children's product safety rule. 15 U.S.C. 2063(a)(2). The Commission's 
requirements for children's product testing and certification are 
codified in 16 CFR part 1107. Section 14(a) of the CPSA also requires 
the Commission to publish a notice of requirements (NOR) for a third 
party conformity assessment body (i.e., testing laboratory) to obtain 
accreditation to assess conformity with a children's product safety 
rule. 15 U.S.C. 2063(a)(3)(A). Because some consumer products that 
contain button cell or coin batteries are children's products, the 
direct final rule incorporating by reference UL 4200A-2023 is a 
children's product safety rule, as applied to those products.
    The Commission published a final rule, codified at 16 CFR part 
1112, entitled Requirements Pertaining to Third Party Conformity 
Assessment Bodies, that established requirements and criteria 
concerning testing laboratories. 78 FR 15836 (Mar. 12, 2013). Part 1112 
includes procedures for CPSC to accept a testing laboratory's 
accreditation and lists the children's product safety rules for which 
CPSC has published NORs. When CPSC issues a new NOR, it must amend part 
1112 to include that NOR. CPSC did not receive any comments regarding 
the proposed NOR. Accordingly, this DFR amends part 1112, as proposed, 
to add the ``Safety Standard for Button Cell or Coin Batteries and 
Consumer Products Containing Such Batteries'' to the list of children's 
product safety rules for which CPSC has issued an NOR.
    Testing laboratories that apply for CPSC acceptance to test whether 
children's products containing button cell or coin batteries comply 
with the new rule will have to meet the requirements in part 1112. When 
a laboratory meets the requirements of a CPSC-accepted third party 
conformity assessment body, the laboratory can apply to CPSC to include 
16 CFR part 1263, Safety Standard for Button Cell or Coin Batteries and 
Consumer Products Containing Such Batteries, in the laboratory's scope 
of accreditation of CPSC safety rules listed on the CPSC website at: 
www.cpsc.gov/labsearch.

VI. Incorporation by Reference

    Section 1263.3 of the direct final rule incorporates by reference 
UL 4200A-2023. In accordance with regulations of the Office of the 
Federal Register (OFR), 1 CFR 51.5(b), section IV of this preamble, 
Commission Determination Regarding UL4200A-2023 and Description of the 
Final Rule's Requirements, summarizes the provisions of UL 4200A-2023 
that the Commission incorporates by reference into 16 CFR part 1263. 
The standard is reasonably available to interested parties in several 
ways. You may purchase a copy from Underwriters Laboratories, Inc (UL), 
333 Pfingsten Road, Northbrook, IL 60062, or through UL's website: 
www.UL.com. Before incorporation by reference, a read-only copy of UL 
4200A-2023 is available for viewing on UL's website at: https://www.shopulstandards.com/. After CPSC incorporates the UL standard, a 
free, read-only copy is also available at: https://www.ulstandards.com/IBR/logon.aspx. Finally, interested parties can schedule an appointment 
to inspect a copy of the standard at CPSC's Office of the Secretary, 
U.S. Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814, telephone: 301-504-7479; email: [email protected].

VII. Direct Final Rule Process and Effective Dates

    The Commission is issuing this rule as a direct final rule. 
Although the Administrative Procedure Act (APA; 5

[[Page 65291]]

U.S.C. 551-559) generally requires agencies to provide notice of a rule 
and an opportunity for interested parties to comment on it, section 553 
of the APA provides an exception when the agency ``for good cause 
finds'' that notice and comment are ``impracticable, unnecessary, or 
contrary to the public interest.'' Id. 553(b)(B).
    Reese's Law states that if the Commission determines that an 
already-effective voluntary standard meets the requirements in section 
2(a) of Reese's Law before promulgating a final rule implementing those 
same requirements, then the voluntary standard shall be treated as a 
consumer product safety rule promulgated under section 9 of the CPSA 
(15 U.S.C. 2058) effective on the date of the Commission's 
determination, which must be published in the Federal Register. 15 
U.S.C. 2056e(d)-(e).
    The purpose of this direct final rule is to codify in the Code of 
Federal Regulations the requirements in UL 4200A-2023 as the mandatory 
standard as for consumer products containing button cell or coin 
batteries, by incorporating by reference UL 4200A-2023. Although the 
Commission provided notice and collected comment on similar 
requirements in the NPR, Reese's Law does not require a rulemaking if 
the Commission makes a favorable determination on a voluntary standard; 
therefore, once the Commission makes the determination under section 
2(d) with regard to UL 4200A-2023, the voluntary standard is treated as 
a consumer product safety rule. Accordingly, additional public comments 
would not lead to substantive changes to the direct final rule. Under 
these circumstances, notice and comment are unnecessary.
    In Recommendation 95-4, the Administrative Conference of the United 
States (ACUS) endorses direct final rulemaking as an appropriate 
procedure to expedite rules that are noncontroversial and that are not 
expected to generate significant adverse comments. See 60 FR 43108 
(Aug. 18, 1995). ACUS recommends that agencies use the direct final 
rule process when they act under the ``unnecessary'' prong of the good 
cause exemption in 5 U.S.C. 553(b)(B). Consistent with the ACUS 
recommendation, the Commission is publishing this rule as a direct 
final rule, because CPSC does not expect any significant adverse 
comments.
    Unless CPSC receives a significant adverse comment within 14 days 
of this notification, the direct final rule will become effective 30 
days after publication, on October 23, 2023 (subject to a 180-day 
transitional period of enforcement discretion). 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 that undermines ``the rule's 
underlying premise or approach'' or a showing that the rule ``would be 
ineffective or unacceptable without change.'' 60 FR 43108, 43111. As 
noted, this rule codifies in the CFR a consumer product safety rule 
created by statute now that the Commission has made a determination 
under section 2(d) of Reese's Law. 15 U.S.C. 2056e(d).
    If the Commission receives a significant adverse comment, the 
Commission will withdraw this direct final rule. Depending on the 
comment and other circumstances, the Commission may then incorporate 
the adverse comment into a subsequent direct final rule.
    Section 14(a)(3)(A) of the CPSA, however, requires that 
certification to an NOR is not effective until 90 days after 
publication of an NOR. 15 U.S.C. 2063(a)(3)(A). Accordingly, to provide 
the mandatory period for third party laboratories to become ISO 
accredited and CPSC-accepted to perform testing to part 1263, third 
party testing and certification of children's products subject to this 
rule is not required until on or after December 20, 2023.

VIII. Environmental Considerations

    The Commission's regulations address whether the agency is required 
to prepare an environmental assessment or an environmental impact 
statement. Under these regulations, certain categories of CPSC actions 
normally have ``little or no potential for affecting the human 
environment'' and therefore do not require an environmental assessment 
or an environmental impact statement. 16 CFR 1021.5(c)(1). Safety 
standards providing performance and labeling requirements for consumer 
products containing button cell or coin batteries fall within this 
categorical exclusion.

IX. Regulatory Flexibility Analysis

    The Regulatory Flexibility Act (RFA; 5 U.S.C. 601-612) generally 
requires agencies to 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, 
604. The RFA applies to any rule that is subject to notice and comment 
procedures under section 553 of the APA. Id. Although the Commission 
prepared an Initial Regulatory Flexibility Act analysis for the NPR to 
implement Reese's Law and a Final Regulatory Flexibility Act analysis 
(see Tab F of Staff's Final Rule Briefing Package) that provides 
information for the public, the Commission's determination under 
section 2(d) of Reese's Law, 15 U.S.C. 2056e(d), that UL 4200A-2023 
meets the performance and labeling requirements of section 2(a) of 
Reese's Law, 15 U.S.C. 2056e(a), does not require notice and comment 
rulemaking. Because the Commission has determined that notice and the 
opportunity to comment are unnecessary for this DFR to codify UL 4200A-
2023 as the mandatory standard for consumer products containing button 
cell or coin batteries, the RFA does not apply with respect to the 
subject matter of this rule.

X. Paperwork Reduction Act

    This DFR contains information collection requirements that are 
subject to public comment and review by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA; 44 U.S.C. 
3501-3521). Under the PRA, an agency must publish the following 
information:
    [ssquf] A title for the collection of information;
    [ssquf] A summary of the collection of information;
    [ssquf] A brief description of the need for the information and the 
proposed use of the information;
    [ssquf] A description of the likely respondents and proposed 
frequency of response to the collection of information;
    [ssquf] An estimate of the burden that will result from the 
collection of information; and
    [ssquf] Notice that comments may be submitted to OMB.

44 U.S.C. 3507(a)(1)(D). In this DFR, the Commission is amending the 
collection of information for children's products to add the burden 
associated with performance and labeling requirements of the final 
rule, and is establishing an OMB control number for testing, 
certification, and paperwork retention requirements for general use, 
non-children's products subject to this final rule. The Commission 
proposed to amend the children's product collection in the NPR (88 FR 
8717), and issued a separate Federal Register notice to collect comment 
on the estimated burden for testing and certification of non-children's 
products. 88 FR 21652 (April 11, 2023). In accordance with the PRA's 
requirements, the Commission provides the following information:
    Title: (1) Amendment to Third Party Testing of Children's Products, 
approved previously under OMB

[[Page 65292]]

Control No. 3041-0159 and (2) creation of new collection for Testing 
and Labeling of Non-Children's Products Containing or Designed to Use 
Button Cell or Coin Batteries and Labeling of Button Cell or Coin 
Battery Packaging.\16\
---------------------------------------------------------------------------

    \16\ The Commission is finalizing requirements for the labeling 
of button cell or coin battery packaging in a separate final rule 
published elsewhere in this issue of the Federal Register, but for 
convenience, consistency with the IRFA, and clarity to stakeholders, 
we include the PRA requirements for all non-children's products 
subject to performance or labeling requirements for button cell or 
coin batteries in this single PRA analysis.
---------------------------------------------------------------------------

    Type of Review: Amendment of existing collection for Third Party 
Testing of Children's Products, and creation of a new collection of 
information for testing and labeling of non-children's products 
containing or designed to use button cell or coin batteries and 
labeling of button cell or coin battery packaging. Both children's and 
non-children's products subject to this rule require: (1) testing of 
products containing or designed to use button cell or coin batteries, 
including creating a certificate of conformity; however, unlike non-
children's products, children's products require third party testing by 
a laboratory whose accreditation has been accepted by CPSC to conduct 
such testing; (2) labeling requirements for products and for button 
cell or coin battery packaging, including, as applicable, warnings on 
battery compartments, product packaging, accompanying written materials 
(i.e., instructions, manuals, hangtags, or inserts)); and (3) 
recordkeeping requirements.
    Summary, Need, and Use of Information: Based on the requirements in 
Reese's Law, 15 U.S.C. 2056e(a) and (b), the proposed consumer product 
safety standard prescribes performance requirements for child-resistant 
battery compartments on consumer products, including children's and 
non-children's products, that contain button cell or coin batteries, 
and warning requirements for button cell and coin-battery packaging, 
consumer product packaging, consumer products, and instructions and 
manuals. These performance and labeling requirements are intended to 
reduce or eliminate injuries and deaths associated with children six 
years old and younger ingesting button cell or coin batteries.
    Children's Products: Section 4 of Reese's Law specifically exempts 
from the performance and labeling requirements in section 2 of the law, 
any toy product \17\ that is in compliance with the battery 
accessibility and labeling requirements in 16 CFR part 1250, Safety 
Standard Mandating ASTM F963 for Toys. However, some consumer products 
that are not toys subject to the toy standard are considered children's 
products. A ``children's product'' is a consumer product that is 
``designed or intended primarily for children 12 years of age or 
younger.'' 15 U.S.C. 2052(a)(2). The Commission's regulation at 16 CFR 
part 1200 further interprets the term. Section 14 of the CPSA requires 
that children's products be tested by a third party conformity 
assessment body, and that the manufacturer of the product, including an 
importer, must issue a children's product certificate (CPC). Based on 
such third party testing, a manufacturer or importer must attest to 
compliance with the applicable consumer product safety rule by issuing 
the CPC. The requirement to test and certify children's products falls 
within the definition of ``collection of information,'' as defined in 
44 U.S.C. 3502(3).
---------------------------------------------------------------------------

    \17\ For purposes of Reese's Law, a ``toy product'' is ``any 
object designed, manufactured, or marketed as a plaything for 
children under 14 years of age.'' Notes to 15 U.S.C. 2056e.
---------------------------------------------------------------------------

    The requirements for the CPCs are stated in section 14 of the CPSA, 
and in the Commission's regulation at 16 CFR parts 1107 and 1110. Among 
other requirements, each certificate must identify: the manufacturer or 
private labeler issuing the certificate; any third party conformity 
assessment body on whose testing the certificate depends; the date and 
place of manufacture; the date and place where the product was tested; 
each party's name, full mailing address, and telephone number; and 
contact information for the individual responsible for maintaining 
records of test results. The certificates must be in English. The 
certificates must be furnished to each distributor or retailer of the 
product and to the CPSC, if requested.
    The Commission has an OMB control number, 3041-0159, for children's 
product testing and certification. This final rule would amend this 
collection of information to add testing and certification to the 
performance requirements for child-resistant battery compartments on 
children's products (that are not toys) that contain button cell or 
coin batteries, as well as warnings on the packaging of these 
children's products, the battery compartment of these children's 
products, and any accompanying instructions and manuals, as set forth 
in the rule. The Commission did not receive any comment on the NPR's 
estimated PRA burden for children's products subject to this rule. The 
requirements in UL 4200A-2023 are materially similar to the NPR 
requirements and do not change the Commission's PRA burden analysis. 
Accordingly, CPSC has submitted the information collection requirements 
of this final rule for children's products containing button cell or 
coin batteries to OMB for review in accordance with PRA requirements. 
44 U.S.C. 3507(d).
    Non-Children's Products: This collection of information is solely 
for non-children's consumer products, meaning (1) performance and 
labeling requirements for products that contain or are designed to use 
button cell or coin batteries and are not designed or intended 
primarily for children 12 years old or younger, and (2) labeling of 
packages containing button cell or coin batteries. 15 U.S.C. 
2052(a)(2); 16 CFR part 1200. Section 14(a) of the CPSA requires that 
manufacturers (including importers) of non-children's products subject 
to a rule issue a general certificate of conformity (GCC).
    GCCs certify the products as being compliant with applicable 
regulations and must be based on a test of each product or a reasonable 
testing program. Unlike children's products, products that have GCCs 
are not required to undergo third party testing. Section 14(g) and 16 
CFR part 1110 state the requirements for GCCs. Among other 
requirements, each certificate must identify: the manufacturer issuing 
the certificate; any laboratory conducting testing on which the 
certificate depends; the date and place of manufacture; the date and 
place where the product was tested; each party's name, full mailing 
address, and telephone number; and contact information for the 
individual responsible for maintaining records of test results. The 
certificates must be in English. The certificates must be furnished to 
each distributor or retailer of the product and to the CPSC, if 
requested.
    CPSC received nine comments in response to the estimated PRA burden 
for non-children's products. Based on the comments, CPSC is increasing 
the estimated PRA burden as described in this section of the preamble, 
and will submit these revised estimates to OMB for review.
    Respondents and Frequency: Respondents include manufacturers and 
importers of non-toy children's products and non-children's products 
that contain, or are designed to use, button cell or coin batteries. 
Manufacturers and importers must comply with the information collection 
requirements when children's and non-children's products that contain 
button cell or coin batteries are manufactured or imported after the 
effective date of the rule.

[[Page 65293]]

    Estimated Burden: CPSC has estimated the respondent burden in 
hours, and the estimated labor costs to the respondent.
    Estimate of Respondent Burden for Non-Toy Children's Products: The 
hourly reporting burden imposed on firms that manufacture or import 
non-toy children's products that contain button cell or coin batteries 
include the time and cost to maintain records related to third party 
testing, the time to issue a CPC, and the time to include required 
warning labels on children's product battery compartments, children's 
product packaging, and to update instructions or manuals with required 
warnings.

                         Table 5--Children's Products Estimated Annual Reporting Burden
----------------------------------------------------------------------------------------------------------------
                                                                   Total annual      Length of     Annual burden
                           Burden type                               responses       response         (hours)
----------------------------------------------------------------------------------------------------------------
Third-party testing, recordkeeping and record maintenance.......           6,046       5.0 hours          30,230
Certification and labeling......................................           1,209       1.0 hours           1,209
                                                                 -----------------------------------------------
    Total Burden................................................  ..............  ..............          31,439
----------------------------------------------------------------------------------------------------------------

    Three types of third party testing of children's products are 
required: certification testing, material change testing, and periodic 
testing. Manufacturers must conduct sufficient testing to ensure that 
they have a high degree of assurance that their children's products 
comply with all applicable children's product safety rules before such 
products are introduced into commerce. 16 CFR 1107.20(a). If a 
manufacturer conducts periodic testing, they are required to keep 
records that describe how the samples of periodic testing are selected. 
16 CFR 1107.21 and 1107.26.
    CPSC estimates that 0.4 percent of all children's products sold 
annually, or 6,046 children's products, are children's products that 
contain button cell or coin batteries and would be subject to third-
party testing under this rule; for each of which 5.0 hours of 
recordkeeping and record maintenance will be required. Thus, the total 
hourly burden of the recordkeeping associated with certification is 
30,230 hours (5.0 x 6,046). Additionally, battery compartments, product 
packaging, and instructions and manuals must be updated to include the 
required warnings statements. We estimate that the time required to 
make these modifications is about 1 hour per product. Based on an 
evaluation of a sample of supplier product lines, there are a total of 
1,209 affected products; therefore, the estimated burden associated 
with warnings and labeling is 1,209 hours.
    We estimate the hourly compensation of workers in industries that 
will have PRA-relevant burden imposed by this collection is $36.80 
(U.S. Bureau of Labor Statistics, ``Employer Costs for Employee 
Compensation,'' Sept. 2022, total compensation for all sales and office 
workers in goods-producing private industries: https://www.bls.gov/news.release/archives/ecec_12152022.pdf). Therefore, the estimated 
annual cost to industry associated with the collection burden for non-
toy children's products is $1,156,955 ($36.80 per hour x 31,439 hours = 
$1,156,955.2). No operating, maintenance, or capital costs are 
associated with the collection.
    This estimate is the largest burden reasonably possible, assuming 
that every manufacturer had to modify three product labels (battery 
compartment, packaging, and instructions/manual). However, many non-toy 
children's products that contain button cell or coin batteries already 
contain some type of warning on the product or product packaging. 
Accordingly, product modification for warnings and any associated 
burden could be much lower than the estimate.
    Under the OMB's regulations (5 CFR 1320.3(b)(2)), the time, effort, 
and financial resources necessary to comply with a collection of 
information that would be incurred by persons in the ``normal course of 
their activities'' are excluded from a burden estimate, where an agency 
demonstrates that the disclosure activities required to comply are 
``usual and customary.'' To the extent that warning statements on one 
or more battery compartments, product packaging, and instructions/
manuals are usual and customary for non-toy children's products that 
contain button cell or coin batteries, CPSC can estimate that no burden 
hours are associated with the labeling requirements in the proposed 
rule. We requested comment on this potential estimate of no burden for 
warning labels and received no comment with regard to children's 
products. The largest possible burden estimate for warning labels for 
children's products stated in the NPR was 1,209 hours at a cost of 
$44,491 annually. However, because we received no contrary comment on 
the estimate of no burden for children's products, CPSC relies on the 
``usual and customary'' exception and finalizes an estimate of no 
burden.
    Estimate of Respondent Burden for Non-Children's Products: The PRA 
Federal Register notice (88 FR 21652) estimating the hourly reporting 
burden imposed on firms that manufacture or import non-children's 
products that contain button cell or coin batteries, and firms that 
manufacture or import button cell or coin batteries, included the time 
and cost to create and maintain records related to testing of consumer 
products (including issuing a GCC), as well as product labeling, 
including required warning labels on, as applicable, consumer product 
battery compartments, product packaging, and accompanying written 
materials (i.e., instructions, manuals, inserts, or hangtags).
    Though data provided by commenters are helpful, commenters have 
compared one-time burden estimates to annual respondent burden 
calculated by CPSC. CPSC assumes suppliers will continue to introduce 
products on a rolling basis, and that up-front costs will diminish over 
time.
    Based on the comments, however, the Commission has revised the 
estimated burden. We have removed estimates for point-of-sale notices, 
including for websites offering the sale of button cell or coin 
batteries, because this requirement is not being adopted at this time. 
However, based upon the comments received (Comment 38 in section III of 
this preamble), CPSC is adjusting the burden estimates upward, as shown 
in Table 6. Additionally, CPSC adopts a higher wage rate to represent 
total compensation costs for private industry workers in goods 
producing industries.\18\
---------------------------------------------------------------------------

    \18\ The March 2023 hourly total compensation costs for private 
industry workers in goods producing industries is $43.62, according 
to the U.S. Bureau of Labor Statistics, Employer Costs for Employee 
Compensation (https://www.bls.gov/news.release/archives/ecec_06162023.pdf).

[[Page 65294]]



                                   Table 6--Estimated Annual Respondent Burden
                                          [Revisions in bold, italics]
----------------------------------------------------------------------------------------------------------------
                                                Frequency of      Hours per     Annual burden    Annual burden
         Burden type             Respondents      response        response         (hours)          (costs)
----------------------------------------------------------------------------------------------------------------
Labeling.....................          15,363               2               1          30,726      $1,332,586.62
                               ..............               3            1.25       57,611.25       2,513,002.72
Testing......................          15,363               2               3          92,178       3,997,759.86
                               ..............               3             3.5       161,311.5       7,036,407.63
Recordkeeping................          15,363               2               1          30,726       1,332,586.62
                               ..............               3            1.25       57,611.25       2,513,002.72
                              ----------------------------------------------------------------------------------
    Total Burden.............  ..............  ..............  ..............         153,630       6,662,933.10
                               ..............  ..............  ..............         276,534      12,062,413.10
----------------------------------------------------------------------------------------------------------------

    CPSC staff used establishment data from the U.S. Census Bureau by 
North American Industry Classification System (NAICS) code to estimate 
the number of entities with at least one product subject to the rule. 
Then, weights were assigned to each NAICS sector to estimate both the 
duration of the required response as well as the estimated average 
number of responses. See Table 7. Additionally, CPSC staff obtained 
estimates from testing laboratories on the costs of certification 
testing. For non-children's products, CPSC assumes that firms will test 
in-house or send the product to a lab for testing, but not both. 
Children's products (that are not toys) subject to the rule must be 
third party tested by a CPSC-accepted laboratory. According to 
information collected, the cost of third-party testing varies but is 
consistent with an estimate of $261.72 per response ($12,62,413.10 / 3 
responses / 15,363 respondents = $261.72).

                                       Table 7--Estimates by NAICS Sector
----------------------------------------------------------------------------------------------------------------
                                                                                                     Estimated
          NAICS code                                                 Industry      Estimated PRA     number of
                                                                      weight           hours         responses
----------------------------------------------------------------------------------------------------------------
334118.......................  Computer Terminal and Other              0.035099               8               4
                                Computer Peripheral Equipment
                                Manufacturing.
334290.......................  Other Communications Equipment           0.020788               8               4
                                Manufacturing.
334310.......................  Audio and Video Equipment                0.029919               8               4
                                Manufacturing.
335210.......................  Small Electrical Appliance               0.003445               8               4
                                Manufacturing.
335912.......................  Primary Battery manufacturing....        0.005116               8               4
335999.......................  All Other Miscellaneous                  0.023391               8               4
                                Electrical Equipment and
                                Component Manufacturing.
339920.......................  Sporting and Athletic Goods              0.061625               2               1
                                Manufacturing.
339940.......................  Office Supplies (except Paper)           0.005479               2               1
                                Manufacturing.
339999.......................  All Other Miscellaneous                  0.037159               2               1
                                Manufacturing.
423420.......................  Office Equipment Merchant                0.029336               2               1
                                Wholesalers.
423430.......................  Computer and Computer Peripheral          0.38266               8               4
                                Equipment and Software Merchant
                                Wholesalers.
423620.......................  Household Appliances, Electric           0.131072               4               2
                                Housewares, and Consumer
                                Electronics Merchant Wholesalers.
423690.......................  Other Electronic Parts and               0.117874               8               4
                                Equipment Merchant Wholesalers.
423910.......................  Sporting and Recreational Goods          0.060731               2               1
                                and Supplies Merchant
                                Wholesalers.
423990.......................  Other Miscellaneous Durable Goods        0.056308               2               1
                                Merchant Wholesalers.
----------------------------------------------------------------------------------------------------------------

    Labor Cost of Respondent Burden for Non-Toy Children's Products. 
According to the U.S. Bureau of Labor Statistics (BLS), Employer Costs 
for Employee Compensation, the total compensation cost per hour worked 
for all private industry workers in goods-producing industries was 
$43.62 (March 2023, https://www.bls.gov/news.release/archives/ecec_06162023.pdf). Based on this analysis, CPSC estimates that labor 
cost of respondent burden would impose a cost to industry of 
approximately $12,062,413 annually (276,534 hours as stated in Table 6 
x $43.62 per hour = $12,062,413.08).
    Cost to the Federal Government. The estimated annual cost of the 
information collection requirements to the Federal Government is 
approximately $4,448, which includes 60 staff hours to examine and 
evaluate the information, as needed, for Compliance activities. This is 
based on a GS-12, step 5 level salaried employee; the average hourly 
wage rate for a mid-level salaried GS-12 employee in the Washington, DC 
metropolitan area (effective as of January 2023) is $51.15 (GS-12, step 
5). This represents 69.0 percent of total compensation (U.S. Bureau of 
Labor Statistics, ``Employer Costs for Employee Compensation,'' 
September 2022, Table 2., percentage of wages and salaries for all 
civilian management, professional, and related employees: https://www.bls.gov/news.release/archives/ecec_12152022.pdf). Adding an 
additional 31.0 percent for benefits brings average annual compensation 
for a mid-level salaried GS-12 employee to $74.13 per hour. Assuming 
that approximately 60 hours will be required annually, this results in 
an annual cost

[[Page 65295]]

of $4,448 ($74.13 per hour x 60 hours = $ 4,447.8).
    CPSC has submitted the information collection requirements of this 
final rule for both children's and non-children's products to OMB for 
review in accordance with PRA requirements. 44 U.S.C. 3507(d).

XI. Preemption

    Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that when a 
consumer product safety standard is in effect and applies to a product, 
no state or political subdivision of a state may either establish or 
continue in effect a standard or regulation that prescribes 
requirements for the performance, composition, contents, design, 
finish, construction, packaging, or labeling of such product 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 exemption from this preemption under certain circumstances.
    Section 2(a) of Reese's Law requires the Commission to issue a 
``consumer product safety standard for button cell or coin batteries 
and consumer products containing button cell or coin batteries.'' 
However, if the Commission makes a determination under section 2(d) of 
Reese's Law, determining that an existing voluntary standard meets the 
requirements in section 2(a) of Reese's Law, section 2(e)(1) of Reese's 
Law states that such voluntary standard shall be treated as a consumer 
product safety standard promulgated under section 9 of the CPSA (15 
U.S.C. 2058). Therefore, the preemption provision of section 26(a) of 
the CPSA applies to all consumer products that fall within the scope of 
this DFR.

XII. Congressional Review Act

    The Congressional Review Act (CRA; 5 U.S.C. 801-808) states that, 
before a rule may take effect, the agency issuing the rule must submit 
the rule, and certain related information, to each House of Congress 
and the Comptroller General. 5 U.S.C. 801(a)(1). The submission must 
indicate whether the rule is a ``major rule.'' The CRA states that the 
Office of Information and Regulatory Affairs (OIRA) determines whether 
a rule qualifies as a ``major rule.'' Pursuant to the CRA, OIRA 
designated this rule as not a ``major rule,'' as defined in 5 U.S.C. 
804(2). To comply with the CRA, CPSC will submit the required 
information to each House of Congress and the Comptroller General.

List of Subjects

16 CFR Part 1112

    Administrative practice and procedure, Audit, Consumer protection, 
Reporting and recordkeeping requirements, Third-party conformity 
assessment body.

16 CFR Part 1263

    Administrative practice and procedure, Batteries, Consumer 
protection, Imports, Incorporation by reference, Infants and children, 
Labeling, Law enforcement.

    For the reasons discussed in the preamble, the Commission amends 
chapter II, subchapter B, of title 16 of the Code of Federal 
Regulations as follows:

PART 1112--REQUIREMENTS PERTAINING TO THIRD PARTY CONFORMITY 
ASSESSMENT BODIES

0
1. The authority citation for part 1112 continues to read as follows:

    Authority: Pub. L. 110-314, section 3, 122 Stat. 3016, 3017 
(2008); 15 U.S.C. 2063.


0
2. Amend Sec.  1112.15 by adding paragraph (b)(55) to 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) * * *
    (55) 16 CFR part 1263, Safety Standard for Button Cell or Coin 
Batteries and Consumer Products Containing Such Batteries.
* * * * *

0
3. Add part 1263 to read as follows:

PART 1263--SAFETY STANDARD FOR BUTTON CELL OR COIN BATTERIES AND 
CONSUMER PRODUCTS CONTAINING SUCH BATTERIES

Sec.
1263.1 Scope, purpose, effective date, and exemption.
1263.2 Definitions.
1263.3 Requirements for consumer products containing button cell or 
coin batteries.

    Authority: 15 U.S.C. 2052, 2056e.


Sec.  1263.  Scope, purpose, effective date, and exemption.

    (a) Scope and purpose. As required by Reese's Law (15 U.S.C 2056e, 
Pub. L. 117-171), this part establishes performance and labeling 
requirements for consumer products containing button cell or coin 
batteries to prevent child access to batteries during reasonably 
foreseeable use and misuse of the consumer product. The part is 
intended to eliminate or adequately reduce the risk of injury and death 
to children 6 years old and younger from ingesting these batteries. 
This part also establishes warning label requirements for packaging of 
consumer products containing button cell or coin batteries, these 
consumer products, and instructions and manuals accompanying these 
consumer products.
    (b) Effective date. Except as provided in paragraph (c) of this 
section, the effective date of Sec.  1263.3 is October 23, 2023.
    (c) Exemption for toy products. Any object designed, manufactured, 
or marketed as a plaything for children under 14 years of age that is 
in compliance with the battery accessibility and labeling requirements 
of 16 CFR part 1250 is exempt from the requirements of this part.
    (d) Batteries that do not present an ingestion hazard. Button cell 
or coin batteries that the Commission has determined do not present an 
ingestion hazard are not subject to this part. These are: zinc-air 
button cell or coin batteries.


Sec.  1263.2  Definitions.

    In addition to the definitions given in section 3 of the Consumer 
Product Safety Act (15 U.S.C. 2052) and section 5 of Reese's Law (Notes 
to 15 U.S.C. 2056e), the following definitions apply for purposes of 
this part:
    Button cell or coin battery means:
    (1) A single cell battery with a diameter greater than the height 
of the battery; or
    (2) Any other battery, regardless of the technology used to produce 
an electrical charge, that is determined by the Commission to pose an 
ingestion hazard.
    Consumer product containing button cell or coin batteries means a 
consumer product containing or designed to use one or more button cell 
or coin batteries, regardless of whether such batteries are intended to 
be replaced by the consumer or are included with the product or sold 
separately.
    Ingestion hazard means a hazard caused by a person swallowing or 
inserting a button cell or coin battery into their body whereby:
    (1) The button cell or coin battery can become lodged in the 
digestive tract or airways; and
    (2) Can potentially cause death or serious injury through choking, 
generation of hazardous chemicals, leaking of hazardous chemicals, 
electrical burns, pressure necrosis, or other means.

[[Page 65296]]

Sec.  1263.3  Requirements for consumer products containing button cell 
or coin batteries.

    Each consumer product containing button cell or coin batteries 
shall comply with ANSI/UL 4200A, Standard for Safety for Products 
Incorporating Button Batteries or Coin Cell Batteries, approved on 
August 30, 2023. The Director of the Federal Register approves this 
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. This material is available for inspection at the U.S. Consumer 
Product Safety Commission and at the National Archives and Records 
Administration (NARA). Contact the U.S. Consumer Product Safety 
Commission at: the Office of the Secretary, U.S. Consumer Product 
Safety Commission, 4330 East West Highway, Bethesda, MD 20814, 
telephone (301) 504-7479, email: [email protected]. For information on 
the availability of this material at NARA, visit https://www.archives.gov/federal-register/cfr/ibr-locations or email 
[email protected]. A free, read-only copy of the standard is 
available for viewing on UL's website at https://www.ulstandards.com/IBR/logon.aspx. You may also obtain a copy from Underwriters 
Laboratories, Inc (UL), 333 Pfingsten Road, Northbrook, IL 60062, or 
through UL's website: www.UL.com.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2023-20333 Filed 9-20-23; 8:45 am]
BILLING CODE 6355-01-P

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