[Federal Register Volume 67, Number 20 (Wednesday, January 30, 2002)]
[Proposed Rules]
[Pages 4373-4375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2059]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 67, No. 20 / Wednesday, January 30, 2002 / 
Proposed Rules  

[[Page 4373]]



CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1500


Exemptions From Classification as Banned Hazardous Substances; 
Proposed Exemption for Certain Model Rocket Propellant Devices for Use 
With Lightweight Surface Vehicles

AGENCY: Consumer Product Safety Commission.

ACTION: Proposed rule.

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

SUMMARY: The Commission is proposing to exempt from the Federal 
Hazardous Substances Act (``FHSA'') certain model rocket propellant 
devices for vehicles that travel on the ground. The Commission's 
current regulations exempt motors used for flyable model rockets. The 
proposed rule would exempt certain propellant devices for model rocket 
ground vehicles if they meet requirements similar to those required for 
flyable model rockets.

DATES: The Office of the Secretary must receive comments by April 15, 
2002.

ADDRESSES: Comments, preferably in five copies, should be mailed to the 
Office of the Secretary, Consumer Product Safety Commission, 
Washington, DC 20207, telephone (301) 504-0800, or delivered to the 
Office of the Secretary, Room 501, 4330 East-West Highway, Bethesda, 
Maryland 20814. Comments may also be filed by telefacsimile to (301) 
504-0127 or by email to [email protected]. Comments should be captioned 
``Proposed exemption for model rocket propellant devices for surface 
vehicles.''

FOR FURTHER INFORMATION CONTACT: Terrance Karels, Directorate for 
Economic Analysis, Consumer Product Safety Commission, Washington, DC 
20207; telephone (301) 504-0962, ext. 1320.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 2(q)(1)(A) of the FHSA bans toys containing hazardous 
substances that are accessible to a child. 15 U.S.C. 1261(q)(1)(A). 
However, the FHSA authorizes the Commission, by regulation, to grant 
exemptions from classifications as banned hazardous substances for:

articles, such as chemistry sets, which by reason of their 
functional purpose require the inclusion of the hazardous substance 
involved, or necessarily present an electrical, mechanical, or 
thermal hazard, and which bear labeling giving adequate directions 
and warnings for safe use and are intended for use by children who 
have attained sufficient maturity, and may reasonably be expected to 
read and heed such directions and warnings.

15 U.S.C. 1261(q)(1)(A). Thus,the Commission may issue an exemption if 
it finds that the product requires inclusion of a hazardous substance 
in order for it to function, has sufficient directions and warnings, 
and is intended for children who are old enough to read and follow the 
directions and warnings. Id. The Food and Drug Administration, which 
administered the FHSA before the Commission was established, issued a 
rule under this authority that exempted from the definition of banned 
hazardous substances model rocket propellant devices (motors) designed 
for use in light-weight, recoverable, and reflyable model rockets, if 
they meet certain requirements. 16 CFR 1500.85(a)(8).

B. The Petition

    The Commission received a petition from Centuri Corporation 
requesting that the Commission issue a rule exempting certain model 
rocket propellant devices to be used for model rocket surface vehicles. 
The petitioner requested an exemption for race cars that travel on the 
ground along a tethered line and are propelled in a manner similar to 
rockets. The petitioner requested an exemption that would allow the 
sale of both of its two prototype model rocket cars. The smaller car, 
named ``Blurzz,'' uses an ``A'' motor, and is shaped like a ``rail,'' a 
type of custom-made vehicle used in competitive drag racing. The larger 
prototype, named ``Screamin'' Eagle,'' uses a ``D'' motor, and is 
shaped like a ``Bonnevile Speed Record'' custom vehicle. The Commission 
has decided to grant the petition in part and propose an exemption for 
model rocket propellant devices to be used for surface vehicles like 
the smaller ``Blurzz'' car only.\1\
---------------------------------------------------------------------------

    \1\ The Commission voted 2-1 to grant the petition with regard 
to the smaller vehicles and deny it regarding the larger ones. 
Commissioners Thomas Moore and Mary Sheila Gall voted to take this 
action, while Chairman Ann Brown voted to deny the entire petition.
---------------------------------------------------------------------------

C. The Proposed Exemption

    Both the Blurzz and Screamin' Eagle rocket-powered cars are 
designed to be operated along a tethered line. When operated along the 
tether, the paths of the cars are guided. A user who wishes to operate 
either car without the tether must physically cut the tether and remove 
the engine mount from it. The Commission recognizes that some users of 
the Screamin' Eagle and the Blurzz rocket-powered cars may operate them 
without the use of the tether. In such a case the path of the cars will 
be unguided. The Commission staff conducted limited tests of both the 
Screamin'' Eagle and the Blurzz without the tether and videotaped the 
results. The Commissioners had the opportunity to view the videotapes 
and to consult with both Commission staff and with the senior 
management of Centuri about the behavioral characteristics of the cars 
when they were operated without the tether.
    In the case of the Screamin' Eagle, the videotapes demonstrated 
clearly that the car can rise to a significant height and that it 
travels at a high rate of speed for a considerable distance before 
falling to earth or encountering an obstacle. The Screamin' Eagle is 
also relatively heavy. There is, therefore, a significant risk of 
injury to any person downrange from the Screamin' Eagle when it is used 
in the absence of the tether. The Commission, therefore, denied the 
petition insofar as it seeks an exemption from the FHSA for model 
rocket propellant devices for cars like the Screamin' Eagle.
    In the case of the Blurzz, however, senior management of Centuri 
represented in a meeting with Commissioner Gall, her staff, and staff 
from the office of Commissioner Moore on October 26, 2001 that the 
Blurzz failed in a ``safe'' mode. By this expression, Centuri 
management meant that when the rocket motor was ignited in the Blurzz 
in the absence of the tether, its normal behavior was to flip over onto 
its back and skitter about the ground, a behavior that posed little or

[[Page 4374]]

no risk. The Commissioners' observation of the staff-prepared 
videotapes of rocket car testing, and additional consultation with 
Commission staff confirmed this representation of Centuri management. 
When ignited without the tether the Blurzz car ordinarily simply 
flipped onto its back and skittered around on the ground. Even when the 
Blurzz did not flip immediately onto its back, it traveled downrange 
only a very limited distance, and rose only a few inches in the air, 
before flipping onto its back. The petitioner asserts that the 
experience of trying to operate the Blurzz without the tether results 
in little user satisfaction, meaning that users are unlikely to 
continue the practice. Moreover, the rocket motor used in the Blurzz is 
of limited thrust, and the vehicle and the rocket motor combined are 
very light. Even if a person were downrange from the Blurzz in the 
absence of the tether, the Blurzz would strike only a light blow a few 
inches above the ground.
    On the basis of its meeting with Centuri management, and its 
observation of the videotapes of the testing of the Blurzz, the 
Commission finds that there is a reasonable probability that model 
rocket propellant devices for surface vehicles like the Blurzz present 
no unreasonable risk of injury even when operated in reasonably 
foreseeable misuse without the tether. The Commission, therefore, 
proposes to exempt model rocket propellant devices for surface vehicles 
like the Blurzz from the ban that would otherwise be imposed by the 
FHSA.
    In order to grant an exemption from the ban that would ordinarily 
be imposed by the FHSA, the Commission must find that the labeling that 
accompanies model rocket propellant devices for surface vehicles like 
the Blurzz gives adequate directions and warnings for safe use. The 
Commission must also find that the product is intended for use by 
children who have attained sufficient maturity and that those children 
may reasonably be expected to read and heed the directions and 
warnings. The Blurzz is intended for use by children aged 12 and above. 
The Commission finds that those children interested in model rockets 
and rocket vehicles such as the Blurzz are of sufficient maturity that 
they may reasonably be expected to read and heed the directions for use 
and warnings that accompany model rocket surface vehicles like the 
Blurzz. The Commission finds further that those directions and warnings 
are adequate to guide users in the safe use of the product.

D. Impact on Small Business

    The staff preliminarily assessed the impact that a rule to exempt 
model rocket propellant devices for use with surface vehicles like the 
``Blurzz'' might have on small businesses. Because the proposed 
exemption would relieve manufacturers from existing restrictions, the 
staff expects that the exemption would impose no additional costs to 
businesses of any size. Rather, it would allow companies to manufacture 
and market a product currently prohibited under the FHSA.
    Based on this assessment, the Commission preliminarily concludes 
that the proposed amendment exempting model rocket propellant devices 
for surface vehicles like the ``Blurzz'' would not have a significant 
impact on a substantial number of small businesses or other small 
entities.

E. Environmental Considerations

    Pursuant to the National Environmental Policy Act, and in 
accordance with the Council on Environmental Quality regulations and 
CPSC procedures for environmental review, the Commission has assessed 
the possible environmental effects associated with the proposed 
exemption.
    The Commission's regulations state that rules issuing or amending 
safety standards for consumer products normally have little or no 
potential for affecting the human environment. 16 CFR 1021.5(c)(1). 
Nothing in this proposed rule alters that expectation. Therefore, 
because the rule would have no adverse effect on the environment, 
neither an environmental assessment nor an environmental impact 
statement is required.

F. Executive Orders

    According to Executive Order 12988 (February 5, 1996), agencies 
must state in clear language the preemptive effect, if any, of new 
regulations.
    The FHSA provides that, generally, if the Commission issues a rule 
under section 2(q) of the FHSA to protect against a risk of illness or 
injury associated with a hazardous substance,''no State or political 
subdivision of a State may establish or continue in effect a 
requirement applicable to such substance and designed to protect 
against the same risk of illness or injury unless such requirement is 
identical to the requirement established under such regulations.'' 15 
U.S.C. 1261n(b)(1)(B). (The FHSA also provides for the state or 
political subdivision of a state to apply for an exemption from 
preemption if certain requirements are met.) Thus, the proposed rule 
exempting model rocket propellant devices for use with certain surface 
vehicles would preempt non-identical requirements for such propellant 
devices.
    The Commission has also evaluated the proposed rule in light of the 
principles stated in Executive Order 13132 concerning federalism, even 
though that Order does not apply to independent regulatory agencies 
such as CPSC. The Commission does not expect that the proposed rule 
will have any substantial direct effects on the States, the 
relationship between the national government and the States, or the 
distribution of power and responsibilities among various levels of 
government.

List of Subjects in 16 CFR Part 1500

    Consumer protection, Hazardous materials, Hazardous substances, 
Imports, Infants and children, Labeling, Law enforcement, and Toys.

Conclusion

    For the reasons stated above, the Commission preliminarily 
concludes that, with the requirements stated in the proposed exemption, 
model rocket propellant devices to propel lightweight surface vehicles 
like the Blurzz require inclusion of a hazardous substance in order to 
function, have sufficient directions and warnings for safe use, and are 
intended for children who are mature enough that they may reasonably be 
expected to read and head the directions and warnings. Therefore, the 
Commission proposes to amend title 16, chapter II of the Code of 
Federal Regulations as follows:

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

    1. The authority for part 1500 continues to read as follows:

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

    2. Section 1500.85 is amended by adding a new paragraph (a)(14) to 
read as follows:


Sec. 1500.85  Exemptions from classification as banned hazardous 
substances.

    (a) * * *
    (14) Model rocket propellant devices (model rocket motors) designed 
to propel lightweight surface vehicles such as model rocket cars, 
provided--
    (i) Such devices:
    (A) Are designed to be ignited electrically and are intended to be 
operated from a minimum distance of 15 feet (4.6 m) away;

[[Page 4375]]

    (B) Contain no more than 4 g. of propellant material and produce no 
more than 2.5 Newton-seconds of total impulse with a thrust duration 
not less than 0.050 seconds;
    (C) Are constructed such that all the chemical ingredients are pre-
loaded into a cylindrical paper or similarly constructed non-metallic 
tube that will not fragment into sharp, hard pieces;
    (D) Are designed so that they will not burst under normal 
conditions of use, are incapable of spontaneous ignition, and do not 
contain any type of explosive or pyrotechnic material other than a 
delay and small recovery system activation charge;
    (E) Bear labeling, including labeling that the devices are intended 
for use by persons age 12 and older, and include instructions providing 
adequate warnings and instructions for safe use; and
    (F) Comply with the requirements of 16 CFR 1500.83(a)(36)(i) 
through (iii); and
    (ii) The surface vehicles intended for use with such devices:
    (A) Are lightweight, weighing no more than 3.0 oz. (85 grams), and 
constructed mainly of materials such as balsa wood or plastics that 
will not fragment into sharp, hard pieces;
    (B) Are designed to utilize a braking system such as a parachute or 
shock absorbing stopping mechanism;
    (C) Are designed so that they cannot accept propellant devices 
measuring larger than 0.5" (13 mm) in diameter and 1.75" (44 mm) in 
length;
    (D) Are designed so that the engine mount is permanently attached 
by the manufacturer to a track or track line that controls the 
vehicle's direction for the duration of its movement;
    (E) Are not designed to carry any type of explosive or pyrotechnic 
material other than the model rocket motor used for primary propulsion; 
and
    (F) Bear labeling and include instructions providing adequate 
warnings and instructions for safe use.
* * * * *
    3. Section 1500.83(a)(36)(i) is revised to read as follows:


Sec. 1500.83  Exemptions for small packages, minor hazards, and special 
circumstances.

    (a) * * *
    (36) * * *
    (i) The devices are designed and constructed in accordance with the 
specifications in Sec. 1500.85(a)(8), (9) or (14);
* * * * *

    Dated: January 22, 2002.
Todd Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 02-2059 Filed 1-29-02; 8:45 am]
BILLING CODE 6355-01-P