[Federal Register Volume 74, Number 138 (Tuesday, July 21, 2009)]
[Notices]
[Pages 35848-35850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17198]


=======================================================================
-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION


Notice of Consultation Pursuant to Section 106 of the CPSIA; 
Request for Comments and Information

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

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

SUMMARY: Section 106 of the Consumer Product Safety Improvement Act of 
2008 (CPSIA) requires the Consumer Product Safety Commission (``CPSC'' 
or ``Commission'') to examine and assess, in consultation with consumer 
groups, juvenile product manufacturers, and independent child product 
engineers and experts, the effectiveness of ASTM F963-07, ``Standard 
Consumer Safety Specification for Toy Safety,'' or its successor 
standard (except for section 4.2 and Annex 4), as it relates safety 
requirements, safety labeling requirements, and test methods related 
to: (1) Internal harm or injury hazards caused by the ingestion or 
inhalation of magnets in children's products; (2) toxic substances; (3) 
toys with spherical ends; (4) hemispheric-shaped objects; (5) cords, 
straps, and elastics; and (6) battery-operated toys. This notice is 
issued to facilitate the receipt of any written submissions on these 
matters as part of the consultative process required by section 106 of 
the CPSIA. The Commission invites comments concerning the issues 
discussed in this notice.

DATES: Comments and submissions in response to this notice must be 
received by August 20, 2009.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2009-
0047, by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments. To ensure timely processing of 
comments, the Commission is no longer accepting comments submitted by 
electronic mail (e-mail) except through http://www.regulations.gov.

Written Submissions

    Submit written submissions in the following way:
    Mail/Hand delivery/Courier (for paper, disk, or CD-ROM 
submissions), preferably in five copies, to: Office of the Secretary, 
Consumer Product Safety Commission, Room 502, 4330 East West Highway, 
Bethesda, MD 20814; telephone (301) 504-7923.

[[Page 35849]]

    Instructions: All submissions received must include the agency name 
and docket number for this notice. All comments received may be posted 
without change, including any personal identifiers, contact 
information, or other personal information provided, to http://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
electronically. Such information should be submitted in writing.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jonathan Midgett, PhD, Office of 
Hazard Identification and Reduction, U.S. Consumer Product Safety 
Commission, 4330 East-West Highway, Suite 600, Bethesda, MD 20814; 
telephone (301) 504-7692; e-mail [email protected].

SUPPLEMENTARY INFORMATION: The CPSIA was enacted on August 14, 2008. 
Section 106 of the CPSIA, ``Mandatory Toy Safety Standards,'' made ASTM 
International Standard F963-07, ``Standard Consumer Safety 
Specification for Toy Safety'' (ASTM F963), as it existed on August 14, 
2008 (except for section 4.2 and Annex 4 or any provision that restates 
or incorporates an existing mandatory standard or ban promulgated by 
the Commission or by statute), into mandatory consumer product safety 
standards issued by the Commission under section 9 of the Consumer 
Product Safety Act (15 U.S.C. 2058).
    On February 17, 2009, ASTM proposed revisions in F963-08, a 
successor standard, for the Commission's consideration. On May 13, 
2009, the Commission voted to accept all of the proposed revisions in 
ASTM F963-08 except the revision that would have omitted section 4.27, 
which addresses toy chests, from the standard. The revisions in F963-08 
that were accepted by the Commission will become mandatory consumer 
product safety standards on August 17, 2009.
    Section 106(b)(1) of the CPSIA requires the Commission, in 
consultation with representatives of consumer groups, juvenile product 
manufacturers, and independent child product engineers and experts, to 
examine and assess the effectiveness of ASTM F963 or its successor 
standard (except for section 4.2 and Annex 4), as it relates safety 
requirements, safety labeling requirements, and test methods related 
to:
    (1) Internal harm or injury hazards caused by the ingestion or 
inhalation of magnets in children's products;
    (2) Toxic substances;
    (3) Toys with spherical ends;
    (4) Hemispheric-shaped objects;
    (5) Cords, straps, and elastics; and
    (6) Battery-operated toys.
    Section 106(b)(2) of the CPSIA requires the Commission to 
promulgate consumer product safety standards that take into account 
other children's product safety rules and are more stringent than such 
standards if the Commission determines that more stringent standards 
would further reduce the risk of injury associated with such products.
    As part of its efforts to comply with section 106 of the CPSIA, the 
Commission is issuing this notice in the Federal Register to invite 
public comment concerning the effectiveness of ASTM F963-08 in the 
following areas:
    1. Hazardous Magnets--The requirements for toys with magnets 
address recent incidents involving small high-attraction-force magnets. 
Ingestion of these magnets can lead to perforations of the gut wall, 
causing infection, sepsis, or even death, as the magnets attract to 
each other through different sections of the intestines. To minimize 
the likelihood of children swallowing hazardous magnets, ASTM F963-08:
    a. Defines hazardous magnets and hazardous magnetic components as 
those being small parts and containing a magnet with a Flux Index of 50 
or greater.
    b. Specifies a method for determining a magnet's Flux Index using a 
gauss meter.
    c. Prohibits magnetic toys for children up to age 14 from 
containing hazardous magnets or magnetic components.
    d. Specifies use and abuse test methods for magnetic toys that are 
not small parts, but have embedded hazardous magnets, to ensure that 
hazardous magnets will not liberate from the toy during normal usage. 
This test method includes cyclic and impact testing.
    e. Allows hazardous magnets and hazardous magnetic components in 
hobby, craft and science kits for children over 8 years of age, 
provided that they contain a hazardous magnet warning.
    f. Does not require a hazardous magnet warning on magnetic toys 
that are not small parts, but have embedded hazardous magnets, provided 
that they pass the specified use and abuse test methods.
    2. Toxic Substances--The requirements address the risks of exposure 
to toxic substances. To minimize the likelihood of exposure to toxic 
substances, ASTM F963-08 addresses the following areas:
    a. Federally prohibited hazardous substances;
    b. Food and food packaging;
    c. Food additives;
    d. Toys in contact with food;
    e. Ceramicware, lead and cadmium contamination;
    f. Cosmetics;
    g. Paint and similar coatings;
    h. Liquids, pastes, putties, gels and powders;
    i. Stuffing materials; and
    j. DI (2-ethylhexyl) phthalate (DEHP) (also known as dioctyl 
phthalate (DOP)).
    3. Toys with spherical ends--The requirements address potential 
impaction hazards for children up to 48 months with certain toys 
containing spherical ends. To minimize the likelihood of impaction 
hazards, ASTM F963-08:
    a. Requires toys weighing less than 1.1-pounds for children up to 
18 months that incorporate spherical, hemispherical, or flared ends and 
are attached to a shaft, handle or support that has a smaller cross 
section to meet the specified dimensional requirements.
    b. Requires toys weighing less than 1.1-pounds for children 18 to 
48 months having nail, screw or bolt shapes with spherical or 
hemispherical ends attached to a shaft or handle to meet the specified 
dimensional requirements.
    c. Requires preschool play figures for children less than 3 years 
of age with a round, spherical, or hemispherical end and tapered neck 
attached to a cylindrical shape and an overall length of 2.5-inches or 
less to meet the specified dimensional requirements.
    4. Hemispheric-shaped objects--The requirements address potential 
asphyxiation hazards with ``cup'' shaped objects that have the 
potential to fit on a child's face and allow a vacuum to be formed. To 
minimize the likelihood of these types of hazards, ASTM F963-08 
requires certain toy cup, bowl or half-egg shaped objects to meet 
certain specified dimensional and opening requirements.
    5. Cords, straps and elastics--The requirements address potential 
entanglement and strangulation hazards associated with cords, straps 
and elastics. To minimize the likelihood of these types of hazards, 
ASTM F963-08:
    a. Requires toys for children less than 18 months with straps or 
elastics attached or included to be less than 12-inches in the free-
state and under a 5-pound load.

[[Page 35850]]

    b. Requires cords, straps and elastics that can form a loop to not 
admit a head probe when tested under the specified conditions.
    c. Requires cords, straps and elastics that admit the base of the 
head probe to contain breakaway features that release at less than 5-
pounds when tested in accordance with the specified conditions.
    d. Requires certain toys with self-retracting pull cords for 
children less than 18 months of age to not retract under load in 
accordance with the specified conditions.
    e. Requires cords, straps and elastics greater than 12-inches long 
for children less than 36 months of age to not contain beads or other 
attachments that could tangle to form a loop.
    f. Requires toy bags for children up to 18 months of age that have 
a perimeter opening greater than 14-inches to not have a drawstring or 
cord as a means of closing.
    6. Battery-Operated Toys--The requirements of F963-08 address the 
following areas to minimize the risk associated with battery operated 
toys:
    a. Battery overheating;
    b. Leakage;
    c. Explosion and fire; and
    d. Swallowing of batteries.
    7. Comments may also be submitted on any other section of ASTM 
F963-08. Please note that all comments should be restricted to 
children's toy safety.
    A link to ASTM F963-07 and F963-08, in a ``read-only'' format, may 
be viewed on ASTM's Web site at http://www.astm.org/cpsc.htm.
    Comments submitted must follow the directions provided in the 
ADDRESSES section of this notice. All comments and submissions should 
be received no later than August 20, 2009.

    Dated: July 14, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E9-17198 Filed 7-20-09; 8:45 am]
BILLING CODE 6355-01-P