[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Proposed Rules]
[Pages 37834-37836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15409]
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CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2012-0035]
16 CFR Part 1500
Revocation of Certain Requirements Pertaining to Caps Intended
for Use With Toy Guns and Toy Guns Not Intended for Use With Caps
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: Section 106 of the Consumer Product Safety Improvement Act of
2008 (``CPSIA'') considers the provisions of ASTM International
[[Page 37835]]
Standard F 963, ``Standard Consumer Safety Specifications for Toy
Safety'' (``ASTM F 963''), to be consumer product safety standards
issued by the U.S. Consumer Product Safety Commission (``CPSC,''
``Commission,'' or ``we''). Among other things, ASTM F 963 contains
provisions regarding sound-producing toys. The ASTM F 963 provisions
for sound-producing toys allow manufacturers to use more options with
readily available test equipment for sound measurement to determine
compliance than our existing regulations pertaining to caps intended
for use with toy guns and toy guns not intended for use with caps,
which were included in the regulations under the Federal Hazardous
Substances Act (``FHSA'') that were transferred to the Commission's
jurisdiction in 1973. The test methodology also refers to obsolete
equipment. Consequently, we are proposing to revoke our existing
banning regulations pertaining to caps intended for use with toy guns
and toy guns not intended for use with caps because they are obsolete
and have been superseded by the requirements of ASTM F 963.
DATES: Comments must be received by August 24, 2012.
ADDRESSES: Comments, identified by Docket No. CPSC-2012-0035, may be
submitted 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 (email) 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,
U.S. Consumer Product Safety Commission, Room 820, 4330 East West
Highway, Bethesda, MD 20814; telephone (301) 504-7923.
Instructions: All submissions received must include the agency name
and docket number for this proposed rulemaking. 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: Richard McCallion, Office of Hazard
Identification and Reduction, Consumer Product Safety Commission, 5
Research Place, Rockville, MD 20850; telephone: (301) 987-2222; email:
[email protected].
SUPPLEMENTARY INFORMATION:
A. Revocation of Certain Regulations Pertaining to Toy Caps and Toy
Guns Not Intended for Use With Caps
In September 1973, the FHSA and its implementing regulations, which
included provisions pertaining to caps for use with toy guns and toy
guns not intended for use with caps, were transferred from the U.S.
Food and Drug Administration (``FDA'') to the CPSC. See 38 FR 27012
(September 27, 1973). One of the transferred regulations includes a ban
on caps intended for use with toy guns and toy guns not intended for
use with caps ``if such caps when so used or such toy guns produce
impulse-type sound at a peak pressure level at or above 138 decibels. *
* *'' See 16 CFR 1500.18(a)(5).
Another transferred regulation, 16 CFR 1500.86(a)(6), contains
provisions for exemptions from the classification of a banned toy under
16 CFR 1500.18(a)(5) for toy caps with a sound level from 138 decibels
up to a maximum decibel level of 158. Manufacturers participating in
this decibel-reduction program are required to report their intention
to participate in the program, include a specific warning statement on
the product packaging, and report quarterly on the progress regarding
the production of caps with a maximum noise level of 138 decibels. This
exemption is included in the revocation because there are no
manufacturers participating in this program. Additionally, a third
transferred regulation, 16 CFR 1500.47, provides the test method for
determining the sound pressure level produced by toy caps and toy guns.
The method specifies the use of certain equipment, such as a
microphone, preamplifier, and two types of oscilloscopes with specific
response and calibration ranges, and it also addresses the manner in
which one would measure peak sound pressure levels.
Section 106 of the CPSIA considers the provisions of ASTM
International Standard F 963, ``Standard Consumer Safety Specification
for Toy Safety,'' to be consumer product safety standards issued by the
Commission under section 9 of the Consumer Product Safety Act
(``CPSA''). References to ASTM F 963 in this document refer to ASTM F
963-11, which became effective on June 12, 2012. Section 4.5 of ASTM F
963 establishes requirements for ``sound-producing toys,'' and section
8.19 of ASTM F 963 establishes ``Tests for Toys Which Produce Noise.''
In general, the ASTM F 963 requirements for sound-producing toys are at
least equivalent to, and more reflective of potential damage to human
hearing, than 16 CFR 1500.18(a)(5) and 1500.47. For example, section
4.5.1.5 of ASTM F 963 states that the peak sound pressure level of
impulsive sounds produced by a toy using percussion caps or other
explosive action ``shall not exceed 125'' decibels at 50 centimeters,
whereas, 16 CFR 1500.18(a)(5) imposes a ban at or above 138 decibels at
25 centimeters. As another example, section 8.19.2.4 of ASTM F 963 uses
a weighted scale based on human hearing damage from the type of impulse
noise being generated by the toy, whereas, 16 CFR 1500.47 uses an
unweighted scale for measuring pressure level generated by impulse-type
sound.
Additionally, the ASTM F 963 test method involves the use of modern
equipment (microphones meeting a particular specification), whereas, 16
CFR 1500.47 specifies the use of a microphone, a preamplifier (if
required), and an oscilloscope. The equipment specifications in 16 CFR
1500.47 have never been updated.
Consequently, because section 106 of the CPSIA mandates the
provisions of ASTM F 963 to be consumer product safety standards, and
because we believe that the provisions of ASTM F 963, with respect to
paper or plastic caps intended for use with toy guns, are at least
equivalent to 16 CFR 1500.18(a)(5), we propose to revoke 16 CFR
1500.18(a)(5). Similarly, because ASTM F 963 establishes a test method
for toys that produce sound, and because our existing regulation refers
to obsolete or unnecessary test equipment, we propose to revoke 16 CFR
1500.47. Finally, because we are proposing the revocation of 16 CFR
1500.18(a)(5), we are also proposing the revocation of the exemptions
from the requirements of 16 CFR 1500.18(a)(5) contained in 16 CFR
1500.86(a)(6).
B. Paperwork Reduction Act
This rule would not impose any information collection requirements.
Accordingly, this rule is not subject to
[[Page 37836]]
the Paperwork Reduction Act, 44 U.S.C. 3501-3520.
C. Regulatory Flexibility Act
We have examined the impacts of the proposed rule under the
Regulatory Flexibility Act (5 U.S.C. 601-612). The Regulatory
Flexibility Act requires agencies to analyze regulatory options that
would minimize any significant impact of a rule on small entities.
Because the proposed rule would revoke outdated regulatory
requirements, the Commission certifies that the proposed rule would not
have a significant economic impact on a substantial number of small
entities.
D. Environmental Considerations
This rule falls within the scope of the Commission's environmental
review regulation at 16 CFR 1021.5(c)(1), which provides a categorical
exclusion from any requirement for the agency to prepare an
environmental assessment or an environmental impact statement for rules
that revoke product safety standards.
E. Executive Order 12988
According to Executive Order 12988 (February 5, 1996), agencies
must state in clear language the preemptive effect, if any, of new
regulations. The preemptive effect of regulations such as this proposal
is stated in section 18 of the FHSA. 15 U.S.C. 1261n.
F. Effective Date
The Commission is proposing that the rule revoking 16 CFR
1500.18(a)(5), 1500.47, and 1500.86(a)(6) would become effective 30
days after publication of the final rule in the Federal Register.
List of Subjects in 16 CFR Part 1500
Consumer protection, Hazardous substances, Imports, Infants and
children, Labeling, Law enforcement, Reporting and recordkeeping
requirements, Toys.
For the reasons stated in the preamble, and under the authority of
15 U.S.C. 1261-1262 and 5 U.S.C. 553, the Consumer Product Safety
Commission proposes to amend 16 CFR part 1500 as follows:
PART 1500--HAZARDOUS SUBSTANCES AND ARTICLES; ADMINISTRATION AND
ENFORCEMENT REGULATIONS
1. The authority citation for 16 CFR part 1500 continues to read as
follows:
Authority: 15 U.S.C. 1261-1278.
Sec. 1500.18 [Amended]
2. Section 1500.18 is amended by removing and reserving paragraph
(a)(5).
Sec. 1500.47 [Removed]
3. Section 1500.47 is removed entirely.
Sec. 1500.86 [Amended]
4. Section 1500.86 is amended by removing and reserving paragraph
(a)(6).
Dated: June 20, 2012.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2012-15409 Filed 6-22-12; 8:45 am]
BILLING CODE 6355-01-P