[Federal Register Volume 78, Number 216 (Thursday, November 7, 2013)]
[Rules and Regulations]
[Pages 66840-66841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26618]


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

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: Final rule.

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

SUMMARY: Section 106 of the Consumer Product Safety Improvement Act of 
2008 (CPSIA) deemed the provisions of ASTM International Standard F963, 
``Standard Consumer Safety Specifications for Toy Safety'' (ASTM F963), 
to be consumer product safety standards issued by the U.S. Consumer 
Product Safety Commission (CPSC, Commission, or we). Among other 
things, ASTM F963 contains provisions regarding sound-producing toys. 
Existing CPSC regulations pertaining to caps intended for use with toy 
guns refer to obsolete equipment, but the ASTM F963 provisions for 
sound-producing toys allow the use of a broader array of more precise 
and more readily available test equipment for sound measurement. In 
addition, the ASTM standard requires fewer measurements and permits use 
of more automated equipment that would increase the efficiency of 
testing. Because the existing regulations are obsolete and have been 
superseded by the requirements of ASTM F963, the final rule revokes the 
existing regulations pertaining to caps intended for use with toy guns 
and toy guns not intended for use with caps. The final rule is 
unchanged from the rule as proposed in the notice of proposed 
rulemaking (NPR).

DATES: The rule is effective December 9, 2013.

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

    On June 25, 2012, the Commission published in the Federal Register 
an NPR to revoke certain regulations pertaining to toy caps and toy 
guns not intended for use with caps. 77 FR 77834. The comment period 
for the NPR closed on August 24, 2012. The Commission received no 
comments on the NPR.
    The regulations pertaining to caps intended for use with toys guns 
in 16 CFR 1500.18(a)(5), 1500.47, and 1500.86(a)(6) were originally 
promulgated by the U.S. Food and Drug Administration (FDA). In 
September 1973, the Federal Hazardous Substances Act (FHSA) and the 
statute's implementing regulations were transferred from the FDA to the 
CPSC. See 38 FR 27012 (September 27, 1973). One of the regulations 
transferred to CPSC included 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 regulation transferred from FDA to CPSC, 16 CFR 1500.86(a)(6), 
exempts toy caps that produce peak sound levels of 138 to 158 decibels 
if: The packaging material contains a warning regarding proper use, the 
manufacturer notifies CPSC, and the manufacturer participates in a 
program to develop toy caps that produce peak pressure levels below 138 
decibels. Manufacturers participating in this program are required to 
provide a status report to CPSC on their progress every three months. 
We are revoking this exemption because there are currently 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. This 
regulation also addresses the manner in which peak sound pressure 
levels are measured.
    Section 106 of the CPSIA mandated that the provisions of ASTM 
International Standard F963, ``Standard Consumer Safety Specification 
for Toy Safety,'' be considered consumer product safety standards 
issued by the Commission under section 9 of the Consumer Product Safety 
Act (CPSA). References to ASTM F963 in this Federal Register notice are 
to version ASTM F963-11, which became effective on June 12, 2012. 
Section 4.5 of ASTM F963 establishes requirements for ``sound-producing 
toys,'' and section 8.19 of ASTM F963 establishes ``Tests for Toys 
Which Produce Noise.'' In general, the ASTM F963 requirements for 
sound-producing toys are more stringent than 16 CFR 1500.18(a)(5) and 
1500.47. For example, section 4.5.1.5 of ASTM F963 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 F963 specifies a weighted scale based on human hearing 
damage from the type of impulse noise being generated by the toy, 
whereas, 16 CFR 1500.47 specifies an unweighted scale for measuring 
pressure level generated by impulse-type sound. Additionally, the ASTM 
F963 test method specifies 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.
    Therefore, because section 106 of the CPSIA mandates the provisions 
of ASTM F963 to be consumer product safety standards, and because we 
believe that the provisions of ASTM F963, with respect to caps intended 
for use with toy guns, are more stringent than 16 CFR 1500.18(a)(5), 
the final rule revokes 16 CFR 1500.18(a)(5). Similarly, because ASTM 
F963 establishes a test method for toys that produce sound, and because 
our existing regulation refers to obsolete or unnecessary test 
equipment, the final rule revokes 16 CFR 1500.47. Finally, because the 
final rule revokes 16 CFR 1500.18(a)(5), we are also revoking the 
exemptions from

[[Page 66841]]

the requirements of 16 CFR 1500.18(a)(5) contained in 16 CFR 
1500.86(a)(6). The final rule is unchanged from the NPR.

B. Paperwork Reduction Act

    The final rule does not impose any information collection 
requirements. Accordingly, this rule is not subject to the Paperwork 
Reduction Act, 44 U.S.C. 3501-3520.

C. Regulatory Flexibility Act

    The Commission certified under the Regulatory Flexibility Act (5 
U.S.C. 601-612) that the proposed rule would not have a significant 
economic impact on a substantial number of small entities because the 
rule would revoke outdated regulatory requirements. We have received no 
information to change that certification.

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 final 
rule is stated in section 18 of the FHSA. 15 U.S.C. 1261n.

F. Effective Date

    The Commission proposed that the rule revoking 16 CFR 
1500.18(a)(5), 1500.47, and 1500.86(a)(6) become effective 30 days 
after publication of the final rule in the Federal Register. We 
received no comments on the effective date. Therefore, the final rule 
will become effective 30 days after publication 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 amends 16 CFR part 1500 as follows:

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

0
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]

0
2. Section 1500.18 is amended by removing and reserving paragraph 
(a)(5).


Sec.  1500.47  [Removed]

0
3. Section 1500.47 is removed.


Sec.  1500.86  [Amended]

0
4. Section 1500.86 is amended by removing and reserving paragraph 
(a)(6).

    Dated: November 1, 2013.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2013-26618 Filed 11-6-13; 8:45 am]
BILLING CODE 6355-01-P