[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Rules and Regulations]
[Pages 8989-8993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02147]


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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2017-0010]

16 CFR Parts 1112 and 1250


Safety Standard Mandating ASTM F963 for Toys

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

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SUMMARY: Section 106 of the Consumer Product Safety Improvement Act 
(CPSIA) made ASTM F963-07[egr]1, Standard Consumer Safety Specification 
for Toy Safety, a mandatory consumer product safety standard. That 
section also provides procedures for revisions to the standard. In 
accordance with these procedures, the Commission (CPSC or Commission) 
recently allowed the update to ASTM F963, ASTM F963-16, Standard 
Consumer Safety Specification for Toy Safety (ASTM F963-16), to become 
the mandatory toy standard. This direct final rule incorporates by 
reference ASTM F963-16 and updates the existing notice of requirements 
(NOR) that provide the criteria and process for Commission acceptance 
of accreditation of third party conformity assessment bodies for 
testing for ASTM F963 pursuant to section 14(a)(3)(B)(vi) of the 
Consumer Product Safety Act (CPSA).

DATES: The rule is effective on April 30, 2017, unless we receive 
significant adverse comment by March 6, 2017. If we receive timely 
significant adverse comments, we will publish notification in the 
Federal Register, withdrawing this direct final rule before its 
effective date. The incorporation by reference of the publication 
listed in this rule is approved by the Director of the Federal Register 
as of April 30, 2017.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2017-
0010, by any of the following methods:
    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 www.regulations.gov.
    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 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 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.

FOR FURTHER INFORMATION CONTACT: For information related to the toy 
standard, contact: Carolyn T. Manley, Lead Compliance Officer, Office 
of Compliance and Field Operations, Consumer Product Safety Commission, 
4330 East-West Highway, Bethesda, MD 20814-4408; telephone: 301-504-
7607; email: [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    Section 106 of the Consumer Product Safety Improvement Act of 2008. 
Section 106(a) of CPSIA mandated that beginning on February 10, 2009, 
ASTM F963-07[egr]1, Standard Consumer Safety Specifications for Toy 
Safety,\1\ shall be considered a mandatory consumer product safety 
standard issued by the CPSC. Public Law 110-314. Since ASTM F963 was 
first mandated in 2009, there have been two revisions, ASTM F963-08 and 
ASTM F963-11. Currently, the provisions of ASTM F963-11 and section 
4.27 of ASTM F963-07[egr]1 (toy chests) are considered consumer product 
safety standards issued by the Commission under section 9 of the CPSA. 
Under section 106(g) of the CPSIA, if ASTM proposes revisions to ASTM 
F963, ASTM must notify the Commission. The revised standard shall be 
considered to be a consumer product safety standard issued by the CPSC 
under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), 
effective 180 days after the date on which ASTM notifies the Commission 
of the revision, unless, within 90 days after receiving that notice, 
the Commission notifies ASTM that it has determined that the proposed 
revision does not improve the safety of toys.
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    \1\ 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.
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    Notification of Revisions. On November 1, 2016, ASTM notified the 
CPSC of ASTM's approval and publication of revisions to ASTM F963-16 in 
a revised standard approved on August 1, 2016, ASTM F963-16, Standard 
Consumer Safety Specification for Toy Safety. On January 25, 2017, the 
Commission voted to

[[Page 8990]]

allow the provisions of ASTM F963-16 to become the CPSC mandatory toy 
standard. As discussed below, the Commission has reviewed the 
differences between ASTM F963-11 and section 4.27 of ASTM F963-07[egr]1 
(for toy chests the current mandatory toys standard) and ASTM F963-16 
(the revised toys standard).

B. Revisions to the ASTM Standard

    In general, ASTM F963-16 contains clarifications, corrections, and 
new requirements that will increase safety, reduce testing burden, or 
enhance clarity and utility of the standard. A number of changes align 
ASTM F963 more closely with the European Standard (EN) 71, Safety of 
Toys Part 1: Mechanical and Physical Properties, and International 
Organization for Standardization (ISO) 8124, Safety of Toys Part 1: 
Safety Aspects Related to Mechanical and Physical Properties, 
performance requirements. In addition, new provisions were added to the 
standard to address new types of toys or hazards. The revisions appear 
in every major section of the standard, beginning with Section 1.7, 
which has been updated to return toy chest requirements to ASTM 
F963.\2\ Finally, many small editorial changes throughout the revised 
standard keep the standard's format and numbering consistent. These 
changes are strictly editorial and do not have an impact on toy safety.
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    \2\ Toy chest requirements were last included in the ASTM F963-
07[egr]1.
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    Changes were made in the following sections:
     Scope--Updates section 1.7, which lists all sections of 
the standard, to reflect the addition of toy chests.
     Referenced documents--Removes one reference, updates one, 
and adds 22 new references.
     Terminology--Adds seventeen new definitions, changes seven 
definitions, and removes six definitions, generally because they are 
redundant with new or changed definitions, and thus, are no longer 
needed.
     Labeling Requirements--Updates labeling requirements for 
battery-operated toys and magnetic toys.
     Instructional Literature--Revises language to clarify 
instructional literature requirements for battery-operated toys and 
battery-powered ride-on toys.
     Batteries--Adds new testing requirements to address toys 
that contain rechargeable cells and batteries. Adds a new warning label 
for certain button and coin cell batteries of nominal 1.5 volts or 
greater to address hazards that have been identified with these cells. 
Adds four new test methods for toys that contain rechargeable cells and 
batteries: Battery overcharging test, repetitive overcharging test, 
single fault charging test and short circuit protection test.
     Cleanliness (biological)--Changes the test methods for 
both microbial cleanliness of cosmetics, liquids, pastes, putties, 
gels, powders, and feathers and the cleanliness of stuffing materials.
     Cleanliness (stuffing)--Changes the test methods for both 
microbial cleanliness of cosmetics, liquids, pastes, putties, gels, 
powders, and feathers and the cleanliness of stuffing materials.
     Expanding Materials--Adds new definitions, performance 
requirements, test methodology and a test template to address the 
emerging hazard of gastrointestinal blockage related to ingestion of 
expanding materials.
     Heavy Elements--Allows X-ray Fluorescence Spectrometry 
Using Multiple Monochromatic Excitation Beams, commonly known as HDXRF, 
for Total Element Content Screening.
     Impaction Hazard--Clarifies impaction hazard test fixture 
requirements for rigid squeeze toys and tethered rigid components.
     Magnets--Includes a new cyclic soaking test for only 
wooden toys, toys intended to be used in water, mouth pieces of mouth-
actuated toys with magnets or magnetic components. New definitions for 
``experimental/science sets.''
     Mouth-Actuated Toys--Adds design requirements to prevent 
the projectile or any liberated toy part from entering the mouth.
     Projectile Toys--Includes changes to descriptions, 
definitions, allowed shapes, types of projectile toys, exemptions, 
assessments and kinetic energy density levels allowed for certain types 
of projectile toys.
     Ride-on Toys (stability)--Requires dimensional spacing 
between wheels on the same axis of ride-on toys.
     Ride-on Toys (overloading)--Requires a more stringent 
overload weight test for ride-on and seated toys.
     Ride-on Toys (restraints)--Exempts straps used for waist 
restraints on ride-on toys from the free length and loop requirements.
     Sound-Producing Toys--Redefines ``mouth-actuated toys'' to 
include a broader range of toys, such as noisemakers and projectile 
toys; increases peak limits (due to miscalculated values); adds new 
noise limit; lowers test speed for push-pull toys; and revises the 
format, sequence and requirements sections for clarification.
     Toy Chests--Reincorporates toy chest section 4.27 and 
associated provisions from ASTM F963-07[egr]1 into the current 2016 toy 
standard, and clarifies a multi-positional lid requirement when testing 
for maximum lid drop requirements.
     Annex--Adds Annex A12 to document the rationale for the 
changes in the 2016 version of ASTM F963.

C. Incorporation by Reference

    Although ASTM F963-16 is mandatory by operation of statute, nothing 
currently in the Code of Federal Regulations (CFR) indicates that ASTM 
F963 is a CPSC mandatory standard. This direct final rule adds a new 
part 1250, Safety Standard Mandating ASTM F963 for Toys, which 
incorporates by reference ASTM F963-16 into the CFR, along with the 
rest of CPSC's mandatory rules so that the public may more readily 
ascertain the mandatory rules that apply.
    The Office of the Federal Register (OFR) has regulations concerning 
incorporation by reference. 1 CFR part 51. Under these regulations, 
agencies must discuss, in the preamble of the final rule, ways that the 
materials the agency incorporates by reference are reasonably available 
to interested persons and how interested parties can obtain the 
materials. In addition, the preamble to the final rule must summarize 
the material. 1 CFR 51.5(b).
    In accordance with the OFR's requirements, section B of this 
preamble summarizes the ASTM F963-16 standard that the Commission 
incorporates by reference into 16 CFR part 1250. The standard is 
reasonably available to interested parties, and interested parties may 
purchase a copy of the standard from ASTM International, 100 Barr 
Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 USA; 
phone: 610-832-9585; http://www.astm.org/. A copy of the standard can 
also be inspected at CPSC's Office of the Secretary, U.S. Consumer 
Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, 
MD 20814, telephone 301-504-7923, or at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federalregulations/ibr_locations.html.

D. Certification

    Section 14(a) of the CPSA imposes the requirement that products 
subject to a consumer product safety rule under the CPSA, or to a 
similar rule, ban, standard, or regulation under any other

[[Page 8991]]

act enforced by the Commission, be certified as complying with all 
applicable CPSC requirements. 15 U.S.C. 2063(a). Such certification 
must be based on a test of each product, or on a reasonable testing 
program or, for children's products, on tests on a sufficient number of 
samples by a third party conformity assessment body accredited by the 
Commission to test according to the applicable requirements. As noted 
in the preceding discussion, standards issued under section 
106(f)(1)(B) are ``consumer product safety standards.'' Thus, they are 
subject to the testing and certification requirements of section 14 of 
the CPSA.
    Because toys are children's products, samples of these products 
must be tested by a third party conformity assessment body whose 
accreditation has been accepted by the Commission. These products also 
must comply with all other applicable CPSC requirements, such as the 
lead content requirements of section 101 of the CPSIA, the phthalates 
prohibitions of section 106 of the CPSIA, and the tracking label 
requirement in section 14(a)(5) of the CPSA.

E. Notice of Requirements

    In accordance with section 14(a)(3)(B)(vi) of the CPSIA, the 
Commission has previously published two NORs for accreditation of third 
party conformity assessment bodies for testing toys (76 FR 46598 (Aug. 
3, 2011), 78 FR 15836 (March 12, 2013)). The last NOR provided the 
criteria and process for our acceptance of accreditation of third party 
conformity assessment bodies for testing toys to ASTM F963-11. The NOR 
for ASTM F963-11 is listed in the Commission's rule, ``Requirements 
Pertaining to Third Party Conformity Assessment Bodies.'' 16 CFR part 
1112.
    The previous NOR for the toy safety standard included 35 sections 
from ASTM F963-11 and one section from ASTM F963-07[egr]1 (Section 
4.27, Toy Chests) that required third party testing. The revisions to 
ASTM F963-11 that were adopted into ASTM F963-16 include new 
requirements, new test methods, and several clarifications to safety 
provisions and test methods.
    The Commission will require third party testing for 37 sections of 
ASTM F963-16, including the same 35 sections that required third party 
testing for ASTM F963-11, plus two new sections. The new sections are 
Section 4.40 for Expanding Materials and Section 4.41 for Toy Chests. 
Section 4.40 for Expanding Materials is a new safety requirement, which 
addresses a hazard that was not addressed in earlier versions of ASTM 
F963. Section 4.41 for toy chests reincorporates the toy chest 
requirements from ASTM F963-07[egr]1 back into ASTM F963. The 
incorporation of the toy chest requirements back into ASTM F963-16 
simplifies the NOR because it now references only one version of the 
standard, ASTM F963-16. This rule revises section 1112.15(b)(32)(ii) of 
the NOR for ASTM F963 in part 1112 to add two new subsections, (JJ) for 
section 4.40 for expanding materials and (KK) for section 4.41 for toy 
chests to the NOR. Additionally, references to section 4.27 of ASTM 
F963-07[egr]1 (toy chests) have been deleted from section 
1112.15(b)(32)(i) to reflect that the toy chest provisions of ASTM 
F963-07[egr]1 have been reincorporated into ASTM F963-16. Finally, the 
reference to ASTM F963-07[egr]1 regarding toys chests in section 
1112.15(c)(1)(ii) has been deleted to reflect that provision as 
reincorporated into ASTM F963-16, and the citation regarding the 
incorporation by reference of ASTM F963 has been updated to list ASTM 
F963-16 in section 1112.15(c)(1) (iii).
    Certain provisions of ASTM F963-16 do not require third party 
testing as was the case in the previous NORs issued for ASTM F963. The 
ASTM F963-16 provisions that do not require third party testing are in 
the following areas:
     Any provision of ASTM F963 that section 106 of the CPSIA 
excepted from being a mandatory consumer product safety standards 
issued by the Commission. The CPSIA also excepted from ASTM F963 any 
provision that restates or incorporates an existing mandatory standard 
or ban promulgated by the Commission or by statute. In addition, the 
CPSIA excepted provisions from ASTM F963 that restates or incorporates 
a regulation promulgated by the Food and Drug Administration or any 
statute administered by the Food and Drug Administration. Section 4, 
Public Law 112-28--Aug 12, 2011.
     Those sections of ASTM F963-16 that pertain to the 
manufacturing process and, thus, cannot be evaluated meaningfully by a 
test of the finished product (e.g., the purified water provision at 
section 4.3.6.1).
     Those provisions of ASTM F963-16 with requirements for 
labeling, instructional literature, or producer's markings.
     The provision in ASTM F963-16 that sets a limit for a DI 
(2-ethylhexyl) phthalate in pacifiers, rattles, and teethers. This 
section is excepted from third party testing because section 108 of the 
CPSIA sets limits for this and other phthalates that are more stringent 
than this requirement in ASTM F963-16.
    Finally, as noted, some of the revised sections of ASTM F963 
include changes to test methods. However, the test method revisions do 
not involve a change in scientific discipline necessary to conduct the 
test or a significant increase in complexity. Testing laboratories that 
are accredited and CPSC-accepted to test to specific sections in ASTM 
F963-11 are considered by CPSC to be competent to conduct testing to 
those same sections in ASTM F963-16. Therefore, CPSC will accept 
testing to support product certifications for sections in ASTM F963-16 
if the test laboratory is already CPSC-accepted to those same sections 
in ASTM F963-11. Test laboratories that conduct testing to support 
product certifications to ASTM F963-16 must show in their test reports 
``ASTM F963-16'' and the specific section numbers in the standard to 
which the product was evaluated.
    There are two new sections in ASTM F963-16. Because section 4.41 
for Toy Chests merely reincorporates the toy chests provision into ASTM 
F963-16, the CPSC will accept testing if the laboratory is already 
CPSC-accepted for ASTM F963-07[egr]1, Section 4.27 for Toy Chests. 
Additionally, although section 4.40 for Expanding Materials is a new 
requirement not previously found in ASTM F963, the CPSC will accept 
product testing for certification, if the test laboratory is already 
CPSC-accepted for ASTM F963-11, sections 4.6 for Small Parts and 4.24 
for Squeeze Toys. This is because the new provision in section 4.40 in 
ASTM F963-16 involves mechanical testing, including dimensional 
measurements and the use of a test gauge. The testing methods have 
strong similarities with other mechanical testing in section 4.6 Small 
Objects and Section 4.24-Squeeze Toys of ASTM F963-11. Therefore, CPSC 
considers test laboratories that are currently CPSC-accepted for 
testing to section 4.6 Small Objects and Section 4.24-Squeeze Toys of 
ASTM F963-11 to be competent to conduct testing to this new 
requirement.
    CPSC will accept ASTM F963-16 testing results by test laboratories 
that are CPSC-accepted to ASTM F963-11 sections for a period not to 
exceed 2 years. This should allow adequate time for test laboratories 
to work with their accreditation bodies, make official updates to their 
accreditation scope to include ASTM F963-16 sections, and submit 
applications to the CPSC.
    The CPSC will open the application process for all sections of ASTM 
F963-16 when this document is published in

[[Page 8992]]

the Federal Register. Test laboratories that seek CPSC acceptance for 
one or more ASTM F963-16 sections will be required to update their 
accreditation scope. To be CPSC-accepted for sections in ASTM F963-16, 
a test laboratory's scope of accreditation must include the reference 
to ``ASTM F963-16'' and a specific reference to one or more of the 37 
sections listed in the NOR. Test laboratories that are currently CPSC-
accepted to ASTM F963-11 are instructed to update their accreditation 
scope to include ASTM F963-16 sections as soon as possible, and submit 
their application for CPSC acceptance. Test laboratories that were not 
previously CPSC-accepted to sections of ASTM F963-11 and that wish to 
request CPSC acceptance to ASTM F963-16 should work with their 
accreditation bodies to include ``ASTM F963-16'' sections in their 
scope of accreditation.
    On February 4, 2019, the CPSC will no longer accept laboratory 
applications that reference sections of ``ASTM F963-11.'' At that time, 
the scope document submitted with applications to CPSC must reference 
``ASTM F963-16'' and the specific section numbers listed in the NOR in 
section 16 CFR 1112.15(b)(32). This approach will avoid disruption to 
third party testing to the toy safety standard and allow for a 
practicable transition from ASTM F963-11 to ASTM F963-16 for testing 
laboratories, the toy industry, and other interested parties.

F. Direct Final Rule Process

    The Commission is issuing this rule as a direct final rule. 
Although the Administrative Procedure Act (APA) generally requires 
notice and comment rulemaking, section 553 of the APA provides an 
exception when the agency, for good cause, finds that notice and public 
procedure are ``impracticable, unnecessary, or contrary to the public 
interest.'' The Commission concludes that notice and comment is 
unnecessary because ASTM F963 automatically becomes a consumer product 
safety standard by operation of law. The Commission has voted to allow 
ASTM F963-16 to become the mandatory CPSC standard. Even without the 
incorporation by reference, ASTM F963-16 will take effect as the new 
mandatory CPSC standard pursuant to section 106(g) of the CPSIA. This 
rule incorporates by reference ASTM F963-16 into the CFR to inform the 
public what version of the ASTM F963 is mandatory. Because this 
document merely incorporates by reference a standard that takes effect 
by operation of statute, public comment could not affect the changes to 
the standard or the effect of the revised standard as a consumer 
product safety standard under section 106(g) of the CPSIA. The rule 
also updates the corresponding provisions of the NOR for ASTM F963 in 
part 1112 to reflect the revision to the standard. The amendment to 
part 1112 does not establish substantive requirements, but updates the 
criteria and process for CPSC's acceptance of accreditation of third 
party conformity assessment bodies for testing toys under the revised 
ASTM F963 standard. Therefore, the Commission concludes that public 
comment is not necessary.
    The Commission believes that issuing a direct final rule in these 
circumstances is appropriate. In Recommendation 95-4, the 
Administrative Conference of the United States (ACUS) endorsed direct 
final rulemaking as an appropriate procedure to expedite promulgation 
of rules that are noncontroversial and that are not expected to 
generate significant adverse comment. See 60 FR 43108 (August 18, 
1995). ACUS also recommended using direct final rulemaking when an 
agency uses the ``unnecessary'' prong of the good cause exemption to 
notice and comment rulemaking. Consistent with the ACUS recommendation, 
the Commission is publishing this rule as a direct final rule because 
we do not believe comment is necessary and do not expect any 
significant adverse comments to the direct final rule.
    Unless we receive a significant adverse comment within 30 days, the 
rule will become effective on April 30, 2017. 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 challenging the rule's underlying 
premise or approach, or a claim that the rule would be ineffective or 
unacceptable without change.
    Should the Commission receive significant adverse comment, the 
Commission would withdraw this direct final rule. Depending on the 
comments and other circumstances, the Commission may then incorporate 
the adverse comment into a subsequent direct final rule or publish a 
notice of proposed rulemaking, providing an opportunity for public 
comment.

G. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires that 
agencies 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 and 604. The RFA applies 
to any rule that is subject to notice and comment procedures under 
section 553 of the APA. 5 U.S.C. 603 and 604. As explained above, the 
Commission has determined that notice and comment is not necessary for 
this direct final rule. Thus, the RFA does not apply. We also note the 
limited nature of this document. The incorporation by reference of ASTM 
F963-16 and the update to the notice of requirements in part 1112 will 
not result in any substantive changes to the standard. Rather, with 
this action, the CFR will reflect the mandatory CPSC standard that 
takes effect under the CPSIA and will update the corresponding NOR 
provisions in 16 CFR part 1112.

H. Paperwork Reduction Act

    The toy standard contains information collection requirements under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). OMB has 
approved the collection of information for ASTM F963-11 under OMB 
Control No. 3041-0159. ASTM F963-16 updates the labeling requirements 
for battery-operated toys and magnetic toys, as well as revises the 
language to clarify instructional literature requirements for battery-
operated toys and battery-powered ride-on toys. CPSC will update the 
burden hours in the existing collection of information to reflect the 
requirements in the 2016 version of the ASTM F963 standard, including 
those for labeling and instructional literature.

I. Environmental Considerations

    The Commission's regulations provide a categorical exclusion for 
the Commission's rules from any requirement to prepare an environmental 
assessment or an environmental impact statement because they ``have 
little or no potential for affecting the human environment.'' 16 CFR 
1021.5(c)(2). This rule falls within the categorical exclusion, so no 
environmental assessment or environmental impact statement is required.

J. Preemption

    Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that where a 
``consumer product safety standard under [the CPSA)]'' is in effect and 
applies to a product, no state or political subdivision of a state may 
either establish or continue in effect a requirement 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

[[Page 8993]]

exemption from this preemption under certain circumstances.
    Section 106(f) of the CPSIA states that rules issued under that 
section ``shall be considered consumer product safety standards issued 
by the Commission under section of the Consumer Product Safety Act'' 
thus, implying that the preemptive effect of section 26(a) of the CPSA 
would apply. Therefore, a rule issued under section 106 of the CPSIA 
will invoke the preemptive effect of section 26(a) of the CPSA when it 
becomes effective.

K. Effective Date

    Under the procedure set forth in section 106(g) of the CPSIA, when 
ASTM revises ASTM F963, the revision becomes the CPSC standard within 
180 days of notification to the Commission, unless the Commission 
determines that the revision does not improve the safety of the 
product. In accordance with this provision, this rule establishes an 
effective date that is 180 days after we receive notification from ASTM 
of revisions to the standard. As discussed in section F of this 
preamble, this is a direct final rule. Unless we receive a significant 
adverse comment within 30 days, the rule will become effective on April 
30, 2017. Additionally, the effective date for the NOR is April 30, 
2017, the same date that the provisions of ASTM F963-16 become 
effective.

List of Subjects

16 CFR Part 1112

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

16 CFR Part 1250

    Consumer protection, Imports, Incorporation by reference, Infants 
and children, Law enforcement, Safety, Toys.

    For the reasons discussed in the preamble, the Commission amends 16 
CFR chapter II, as follows:

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

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

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


0
2. Amend Sec.  1112.15 by:
0
a. Revising the introductory text to paragraph (b)(32);
0
b. Removing and reserving paragraph (b)(32)(i);
0
c. Revising the introductory text to paragraph (b)(32)(ii);
0
d. Adding paragraphs (b)(32)(ii)(JJ) and (KK);
0
e. Revising paragraph (c)(1)(ii) and removing paragraph (c)(1)(iii).
    The revisions and additions 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) * * *
    (32) 16 CFR part 1250, safety standard for toys. The CPSC only 
requires certain provisions of ASTM F963-16 to be subject to third 
party testing; and therefore, the CPSC only accepts the accreditation 
of third party conformity assessment bodies for testing under the 
following toy safety standards:
    (i) [Reserved]
    (ii) ASTM F963-16:
* * * * *
    (JJ) Section 4.40, Expanding Materials
    (KK) Section 4.41, Toy Chests (except labeling and/or instructional 
literature requirements)
* * * * *
    (c) * * *
    (1) * * *
    (ii) ASTM F963-16, ``Standard Consumer Safety Specification for Toy 
Safety,'' August 1, 2016.
* * * * *

0
3. Add part 1250 to read as follows:

PART 1250--SAFETY STANDARD MANDATING ASTM F963 FOR TOYS

Sec.
1250.1 Scope.
1250.2 Requirements for toy safety.

    Authority: Pub. L. 110-314, sec. 106, 122 Stat. 3016 (August 14, 
2008); Pub. L. 112-28, 125 Stat. 273 (August 12, 2011).


Sec.  1250.1  Scope.

    This part establishes a consumer product safety standard for toys 
that mandates provisions of ASTM F963.


Sec.  1250.2  Requirements for toy safety.

    (a) Except as provided for in paragraph (b) of this section, toys 
must comply with the provisions of ASTM F963-16, Standard Consumer 
Safety Specification for Toy Safety, approved August 1, 2016. The 
Director of the Federal Register approves the incorporation by 
reference listed in this section in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. You may obtain a copy of this ASTM standard from ASTM 
International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, 
PA 19428-2959 USA; phone: 610-832-9585; http://www.astm.org/. You may 
inspect a copy at the Office of the Secretary, U.S. Consumer Product 
Safety Commission, Room 820, 4330 East-West Highway, Bethesda, MD 
20814, telephone 301-504-7923, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federalregulations/ibr_locations.html.
    (b) Pursuant to section 106(a) of the Consumer Product Safety 
Improvement Act of 2008 section 4.2 and Annex 5 or any provision of 
ASTM F963 that restates or incorporates an existing mandatory standard 
or ban promulgated by the Commission or by statute or any provision 
that restates or incorporates a regulation promulgated by the Food and 
Drug Administration or any statute administered by the Food and Drug 
Administration are not part of the mandatory standard incorporated in 
paragraph (a) of this section.

    Dated: January 27, 2017.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2017-02147 Filed 2-1-17; 8:45 am]
 BILLING CODE 6355-01-P