[Federal Register: July 21, 2009 (Volume 74, Number 138)]
[Notices]
[Page 35848-35850]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jy09-45]
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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.
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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 jmidgett@cpsc.gov.
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