3344 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 
(j) New Revision of the Existing Maintenance 
or Inspection Program 
Except as specified in paragraph (k) of this 
AD: Comply with all required actions and 
compliance times specified in, and in accordance with, EASA AD 2023–0046, dated March 2, 2023 (EASA AD 2023–0046). Accomplishing the revision of the existing maintenance or inspection program required by this paragraph terminates the requirements of paragraph (g) of this AD. 
(k) Exceptions to EASA AD 2023–0046 
(1) This AD does not adopt the 
requirements specified in paragraphs (1) and 
(2) of EASA AD 2023–0046. 
(2) Paragraph (3) of EASA AD 2023–0046 
specifies revising ‘‘the approved AMP’’ within 12 months after its effective date, but this AD requires revising the existing maintenance or inspection program, as applicable, within 90 days after the effective date of this AD. 
(3) The initial compliance time for doing 
the tasks specified in paragraph (3) of EASA AD 2023–0046 is at the applicable ‘‘limitations’’ and ‘‘associated thresholds’’ as incorporated by the requirements of paragraph (3) of EASA AD 2023–0046, or within 90 days after the effective date of this AD, whichever occurs later. 
(4) This AD does not adopt the provisions 
specified in paragraphs (4) and (5) of EASA 
AD 2023–0046. 
(5) This AD does not adopt the ‘‘Remarks’’ 
section of EASA AD 2023–0046. 
(l) New Provisions for Alternative Actions 
and Intervals 
After the existing maintenance or 
inspection program has been revised as 
required by paragraph (j) of this AD, no alternative actions (e.g., inspections) and 
intervals are allowed unless they are approved as specified in the provisions of the ‘‘Ref. Publications’’ section of EASA AD 2023–0046. 
(m) Terminating Action for AD 2010–26–05 
Accomplishing the actions required by 
paragraph (g) or (j) of this AD terminates the 
requirements of paragraph (g)(1) of AD 2010– 26–05, for Dassault Aviation Model MYSTERE–FALCON 900 airplanes only. 
(n) Additional AD Provisions 
The following provisions also apply to this 
AD: 
(1) Alternative Methods of Compliance 
(AMOCs): The Manager, International 
Validation Branch, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the International Validation Branch, send it to the attention of the person identified in paragraph (o) of this AD. Information may be emailed to: 9-AVS-AIR-730-AMOC@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. 
(2) Contacting the Manufacturer: For any 
requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or EASA; or Dassault Aviation’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA- authorized signature. 
(o) Additional Information 
For more information about this AD, 
contact Tom Rodriguez, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 206– 231–3226; email tom.rodriguez@faa.gov. 
(p) Material Incorporated by Reference 
(1) The Director of the Federal Register 
approved the incorporation by reference 
(IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. 
(2) You must use this service information 
as applicable to do the actions required by this AD, unless this AD specifies otherwise. 
(3) The following service information was 
approved for IBR on February 7, 2024. 
(i) European Union Aviation Safety Agency 
(EASA) AD 2023–0046, dated March 2, 2023. 
(ii) [Reserved] (4) The following service information was 
approved for IBR on May 12, 2023 (88 FR 20743, April 7, 2023). 
(i) European Union Aviation Safety Agency 
(EASA) AD 2022–0137, dated July 6, 2022. 
(ii) [Reserved] (5) For EASA ADs 2023–0046 and 2022– 
0137, contact EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find these 
EASA ADs on the EASA website at ad.easa.europa.eu. 
(6) You may view this material at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. 
(7) You may view this material at the 
National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ 
ibr-locationsoremailfr.inspection@nara.gov. 
Issued on December 14, 2023. 
Victor Wicklund, 
Deputy Director, Compliance & Airworthiness 
Division, Aircraft Certification Service. 
[FR Doc. R1–2023–28853 Filed 1–17–24; 8:45 am] 
BILLING CODE 0099–10–D 
CONSUMER PRODUCT SAFETY 
COMMISSION 
16 CFR Parts 1112 and 1250 
[Docket No. CPSC–2017–0010] 
Safety Standard Mandating ASTM F963 
for Toys 
AGENCY : Consumer Product Safety 
Commission. ACTION : Direct final rule. 
SUMMARY : Section 106 of the Consumer 
Product Safety Improvement Act 
(CPSIA) made ASTM F963–07e1, Standard Consumer Safety Specification for Toy Safety, a mandatory consumer product safety standard. Section 106 also provides procedures for revisions to the ASTM F963 standard. In accordance with those procedures, the Consumer Product Safety Commission (CPSC or Commission) has allowed the revised standard, ASTM F963–23, to become the mandatory toy standard. This direct final rule incorporates by reference ASTM F963–23 and updates the existing notice of requirements (NOR) that provide the criteria and processes for Commission acceptance of accreditation of third-party conformity assessment bodies for testing to ASTM F963. 
DATES : The rule is effective on April 20, 
2024, unless CPSC receives a significant adverse comment by February 20, 2024. If CPSC receives such a significant adverse comment, it will publish a document 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 20, 2024. 
ADDRESSES : You can submit comments, 
identified by Docket No. CPSC–2017– 0010, by any of the following methods: 
Electronic Submissions: Submit 
electronic comments to the Federal eRulemaking Portal at: www.regulations.gov. Follow the 
instructions for submitting comments. Do not submit through this website: confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. CPSC typically does not accept comments 
submitted by email except as described below. 
Mail/Hand Delivery/Courier/ 
Confidential Written Submissions: CPSC encourages you to submit electronic comments by using the Federal eRulemaking Portal. You may, however, submit comments by mail, hand delivery, or courier to: Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone: (301) 504–7479. 
Instructions: All submissions must 
include the agency name and docket number. CPSC may post all comments without change, including any personal identifiers, contact information, or other personal information provided, to: www.regulations.gov. If you wish to 
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1Except for section 4.2 and Annex 4 of the 
voluntary standard or any provision that restates or 
incorporates an existing mandatory standard or ban promulgated by the Commission or by statute. 2Available at: https://www.cpsc.gov/s3fs-public/ 
FY2024OperatingPlan.pdf?Version
Id=N46Kg9oFJtn_ Slys4cdzuQYza29oFynS. 
3The Commission voted 4–0 to approve 
publication of this notification. submit confidential business 
information, trade secret information, or other sensitive or protected information that you do not want to be available to the public, you may submit such comments by mail, hand delivery, or courier, or you may email them to: cpsc- os@cpsc.gov. 
Docket: For access to the docket to 
read background documents or comments received, go to: www.regulations.gov, and insert the 
docket number, CPSC–2017–0010, into the ‘‘Search’’ box, and follow the prompts. 
FOR FURTHER INFORMATION CONTACT : Will 
Cusey, Small Business Ombudsman, U.S. Consumer Product Safety 
Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504–7945 or (888) 531–9070; email: sbo@cpsc.gov. 
SUPPLEMENTARY INFORMATION : 
I. Background 
Section 106(a) of CPSIA mandated 
that beginning on February 10, 2009, ASTM F963–07e1, Standard Consumer 
Safety Specifications for Toy Safety,
1 
shall be considered a mandatory consumer product safety standard issued by CPSC. 15 U.S.C. 2056b(a). Since then, there have been five revisions to the ASTM F963 standard: ASTM F963–08, ASTM F963–11, ASTM F963–16, ASTM F963–17, and ASTM F963–23. Currently, the provisions of ASTM F963–17 are considered a consumer product safety standard issued by the Commission under section 9 of the Consumer Product Safety Act (CPSA), with an exception stated in 16 CFR 1250.2(c) that ASTM F963–17’s provision for testing sound-producing toys is not incorporated. 16 CFR 1250.2; 82 FR 57119 (Dec. 4, 2017). 
Under section 106(g) of the CPSIA, 
ASTM must notify the Commission when it revises ASTM F963. 15 U.S.C. 2056b(g). The revised standard shall be considered a consumer product safety standard issued by CPSC under section 9 of the CPSA (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 covered by the standard. 
On October 23, 2023, ASTM notified 
CPSC of ASTM’s approval and publication of revisions to ASTM F963– 17 in a revised standard, ASTM F963– 23, Standard Consumer Safety 
Specification for Toy Safety. The 
Commission published in the Federal Register a notice of availability 
regarding the revised voluntary standard and sought comments on the effect of the revisions on the safety of the standard for toys. 88 FR 75280 (Nov. 2, 2023). Two comments were submitted. The Consumer Federation of America and Kids in Danger submitted a joint comment stating that the revision to ASTM F963 should be accepted as the mandatory standard and urging continued efforts to address emerging hazards, including expanding materials in toys, to make the standard more protective of safety. 
The Swiss company Socie ´te´Ge´ne´rale 
de Surveillance (SGS) submitted a comment stating that the requirements for expanding materials in section 4.40 of ASTM F963–23 could be more stringent. While SGS’s comment does not address whether the current revision in ASTM F963–23 improves safety compared to the requirements of F963– 17, Commission staff continues to work with ASTM to improve the safety requirements for expanding materials in ASTM F963 for any future update to the standard. Specifically, CPSC’s Fiscal Year 2024 Operating Plan
2directs staff 
to develop a notice of proposed rulemaking under section 106 of the CPSIA to further improve the standard for water beads, which are ‘‘expanding materials’’ under the voluntary standard. 
As discussed below, the Commission 
will allow the revised voluntary standard to become the mandatory standard because it improves the safety of toys.
3Accordingly, by operation of 
law under section 106(g) of the CPSIA as of April 20, 2024, ASTM F963–23 will become the mandatory consumer product safety standard for toys. 15 U.S.C. 2056b(g). This direct final rule updates 16 CFR part 1250 to incorporate by reference the revised voluntary standard, ASTM F963–23. The rule also updates the existing NOR for ASTM F963 in 16 CFR part 1112. 
II. Revisions in ASTM F963–23 
The ASTM F963 toy standard 
includes performance requirements and 
test methods, as well as requirements for warning labels and instructional literature, to reduce or prevent death or injuries to children from mechanical, chemical, and other hazards subject to the standard. The 2023 revisions to the voluntary 
standard include new performance 
requirements, clarifications, and corrections that will increase toy safety and reduce test burden. Additionally, the standard includes changes that do not affect safety, but instead enhance the clarity and utility of the standard or reduce the burden of performance testing. Numerous editorial changes were also made throughout the standard, including formatting and numbering changes that do not impact safety. The Commission finds the revisions to ASTM F963–23 to be an improvement to the safety of toys, or to not impact safety. Below is a brief description of the revisions and the Commission’s assessment of their impact on safety. 
A. Revisions That Impact Safety 1. Battery Accessibility 
Section 4.25 of ASTM F963 addresses 
the safety of battery-operated toys. The 
requirements are intended to address hazards related to battery overheating, leakage, explosion, and fire, and choking or swallowing batteries. ASTM F963–17 specifically addresses the hazard of choking or swallowing batteries in sections 4.25.4 and 4.25.5. Section 4.25.4 addresses the accessibility of batteries in toys for children less than three years old; section 4.25.5 addresses the accessibility of small part batteries (batteries that fit within the small parts cylinder described in 16 CFR 1501.4, including button cell or coin batteries and AAA batteries). Both sections of ASTM F963–17 require that batteries remain inaccessible without the use of a ‘‘coin, screwdriver, or other household tool’’ before and after the use and abuse testing specified in sections 8.5–8.10. 
ASTM F963–23 also incorporates 
changes to definitions, safety requirements, and labeling requirements that strengthen the battery accessibility requirements: 
•Section 3.1.17 of the 2023 standard 
changes the defined term ‘‘tool’’ (previously in section 3.1.90) to ‘‘common household tool,’’ and clarifies that common household tools include straight-blade or Phillips-type screwdrivers, pliers, coins, or other objects ‘‘commonly found in most households.’’ 
•Section 8.6 of the standard 
continues to specify that ‘‘[u]nless otherwise specified, none of the abuse testing . . . applies to toys intended for children over 96 months of age.’’ New Note 22 to section 4.25.4.2, however, clarifies the test parameters used to conduct use and abuse testing (in 
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4A-weighting or C-weighting is typically applied 
to sounds to represent more accurately the 
frequency response of the human ear by reducing the contribution of lower and higher frequencies in calculation of overall sound level. accordance with sections 8.5–8.10) on 
toys containing small part batteries for children over 96 months (eight years) of age. These toys are now subject to use and abuse requirements using the test parameters for children above age 36 months up to age 96 months; because previous versions of ASTM F963 did not specify test parameters for toys containing small part batteries for children over 96 months, these toys were not required to be abuse tested per the standard. Note 22 thus extends use and abuse test requirements so that they apply to all toys with small part batteries in scope of the standard, which improves the security of battery compartments. 
•Section 4.25.4.3 adds a new 
requirement that fasteners used to secure battery compartments shall remain attached to the toy or battery compartment cover before and after use and abuse testing. 
•Section 4.25.4.4 allows specialty 
fasteners, such as screws that use a Torx or hex drive, as an alternative to common household tools if the appropriate tool is included with the toy and instructional material conforming to section 6.9 is included (see below). 
•Section 6.9 adds a new requirement 
that instructional literature for toys that require a manufacturer-supplied specialty or custom tool to access the battery shall direct parents to retain the tool for future use, store the tool where the child cannot access it, and state that the tool is not a toy. 
The changes related to battery 
accessibility generally result in more secure battery compartments or streamline existing requirements in the standard without impacting safety. In particular, the addition of Note 22 
means that toys with small part batteries for children over 96 months of age are now required to undergo the use and abuse testing in sections 8.5–8.10. Further, the addition of section 4.25.4.3 means that fasteners such as screws used to secure batteries are less likely to be removed or lost, meaning that fasteners are more likely to be used effectively and will likely result in fewer incidents of unintended battery access, thus improving safety. 
The changes allowing for the use of 
‘‘specialty fastener[s]’’ in section 4.25.4.4 of the ASTM F963–23 standard are consistent with their use for other toys (see section 4.17 of the standard), and their use provides children less opportunity to gain access to the battery compartment using a substitute common household tool. Special tools do introduce potential additional risks. The consumer must store and keep track of an additional tool; if the tool is lost or not passed along or sold with the toy 
for secondhand use, caregivers can no longer access the compartment as intended, which may lead to battery leakage (if never removed) or damaged or ineffective battery compartments (if the consumer attempts to access the compartment using the inappropriate tool). The new section 6.9 mitigates these possible hazards introduced by section 4.25.4.4 by requiring that instructional literature for toys that require a manufacturer-supplied specialty or custom tool to access the battery shall direct parents to retain the tool for future use and store the tool where the child cannot access it and shall state the tool is not a toy. Additionally, a battery compartment that is inaccessible due to a lost tool is a safer alternative than a battery compartment that is easily opened. Therefore, the changes allowing for specialty fasteners are, overall, an improvement to safety. 
2. Expanding Materials 
ASTM F963–16 added new 
definitions, performance requirements, 
a test methodology, and a test fixture to address gastrointestinal (GI) blockage from expanding materials. Expanding 
materials are defined in ASTM F963 as ‘‘any material used in a toy which expands greater than 50% in any dimension from its as-received state.’’ New Annex A14.6 explains the basis for the new requirements for expanding materials. Since the time of the ASTM F963–16 revision, items have been identified in the marketplace that are not small parts as received by the consumer, and therefore fall outside the scope of the original requirement but present the same GI blockage hazard. The revisions in ASTM F963–23 are intended to increase the scope of the standard to cover these products. 
Below is a summary of changes made 
in ASTM F963–23 that may apply to expanding materials. 
•Section 3.1.28 removes the time 
intervals for conditioning and instead refers to the test method section, where the same time intervals are already stated. 
•Section 3.1.73 adds a definition of 
a ‘‘removable component,’’ as ‘‘a component of a toy which is intended or likely to be removed by the child during normal use.’’ 
•Section 4.40 adds ‘‘removable’’ to 
components as defined. It also removes conditions identifying the expanding materials, and instead directly references the definition and relevant test method in section 8.30.8. Section 4.40.1 increases the scope to include the following: ÆSection 4.40.1.1—components of 
toys which are small parts but encased 
in an outer shell that is not a small part and intended to be dissolved, opened, or broken to access the expanding component; and 
ÆSection 4.40.1.2—components sold 
in an expanded state, which are not small parts, but could contract to yield a re-expandable small part. 
The expanded scope of the ASTM 
F963–23 standard represents an improvement in toy safety that should help reduce the hazard of potentially fatal intestinal blockages caused by ingestion of toys and toy components made of superabsorbent materials. The changes to the provisions for expanding materials are an improvement in safety, as noted above. However, as noted, the Commission also has directed staff to develop a notice of proposed rulemaking under section 106 of the CPSIA to further improve the safety standard for water beads. 
3. Sound-Producing Toys 
In 2017, the Commission incorporated 
ASTM F963–17 into the mandatory toy 
standard at 16 CFR part 1250 with one exception related to sound-producing toys, codified at 16 CFR 1250.2(c). The requirements for sound-producing toys in section 4.5 of ASTM F963 are intended to reduce the risk of hearing loss caused by exposure to sound produced by toys. When it adopted the exception, the Commission rejected one clause in the sound-producing toys test method in section 8.20.1.5 (5) of ASTM F963–17 that functionally exempted push or pull toys from an 85 dB A- weighted maximum sound pressure level (L
AFmax ) requirement.4The 
Commission concluded that this clause, which had been added without ballot during the 2017 ASTM process, decreased safety because it exempted push or pull toys from a previously applicable sound limit. 82 FR 57119 (Dec. 4, 2017). With the Commission’s rejection of the relevant clause, as stated in 16 CFR 1250.2(c), the mandatory toy standard based on ASTM F973–17 retained the same level of safety for push or pull toys as was provided by ASTM F963–16. 
As explained below, ASTM F963–23 
provides a new sound limit for push or 
pull toys that eliminates the deficiency in ASTM F963–17 and provides the same level of safety as the sound limit in ASTM F963–16. Therefore, because the incorporation of ASTM F963–23 
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5Push or pull toys in stationary or self-propelled 
modes are still subject to the 85 dB A-weighted 
sound limit, as in previous versions of the standard. 
6Age Determination Guidelines 2020, p. 47. 
Available at https://www.cpsc.gov/content/2020- Age-Determination-Guidelines. 
7See Annex A9.2 in ASTM F963–23 for more 
information. 
8Based on ear to top-of-head distance and stature 
data from Schneider, L.W., Lehman, R.J., Pflug, M.A., & Owings, C.L. (1986). (rep.). Size and Shape 
of the Head and Neck from Birth to Four Years (p. 111). Ann Arbor, MI: University of Michigan. 
9See Annex A14.4.2 in ASTM F963–23 for more 
information. 
10This is the allowable sound exposure based on 
the National Institute for Occupational Safety and 
Health 85 dB(A) recommended exposure limit and 3 dB exchange rate for an assumed 1.5 hours of play, as described in Annex A9.2 in ASTM F963– 23. Note that 92.3 dB(A) is higher than the 90 dB(A) 
used to calculate the 85 dB(A) sound limit but is one of the listed recommended values (Annex A9.2.1.4). More information on the recommended exposure limit and noise dose calculations can be found in Centers for Disease Control and Prevention (1998). Occupational noise exposure; criteria for a 
recommended standard. Available at Occupational 
noise exposure; criteria for a recommended standard (cdc.gov). maintains the same level of safety as 
ASTM F963–16, the exception to ASTM F963–17 that is made by § 1250.2(c) is no longer needed, and the Commission is removing that exception by deleting § 1250.2(c). 
Specifically, section 4.5.1.6(1) of 
ASTM F963–23 adds a 94 dB A- weighted sound limit (L
AFmax ) for push 
or pull toys in user-propelled modes (the child is moving the toy), where the sound is caused as a result of translational motion imparted on the toy by the user (for example, a mechanism attached to the wheel of a push toy that clicks when the wheel rotates).
5Push or 
pull toys are defined in ASTM F963–23 as, ‘‘a toy with a cord, tether, or handle attached to the toy and where the toy is intended for use on the floor or ground with the child in a standing/upright position, typically walking, while using pushing or pulling the toy.’’ CPSC Age Determination Guidelines state that push toys with high upright handles or rigid rods with large, attached handles are appropriate for children starting at 12 months old, and pull toys with cords 
are appropriate for children starting at 19 months old because they do not 
provide support, so they require more advanced walking and body skills to operate.
6 
Sound level generally decreases with 
increasing distance from the sound source; a quieter toy used closer to a child’s ear can produce the same sound exposure as a louder toy used farther from the child’s ear. The previously applicable 85 dB(A) sound-limit for push or pull toys in ASTM F963–16 was based on a 25 cm sound exposure distance (assumed distance from the sound source to the child’s ear) for tabletop, floor and crib toys.
7The 94 
dB(A) sound limit for push or pull toys in ASTM F963–23 is based on a sound exposure distance of 63.5 cm that more accurately reflects the distance between the sound-producing element of a push or pull toy and a standing child’s ear. Based on anthropometric data, staff estimate that the fifth percentile ear height for a 19–24 month old child is 66.7 cm.
8For a push toy with a sound 
source located 5 cm from the floor and 15 cm horizontally from the ear, which 
is an estimate for a sound source located on a rear wheel of a push toy, the 
estimated distance from the sound source to a fifth percentile 19–24 month old standing child’s ear is 63.5 cm. 
Using the standard equations for the 
distance-related decrease of sound level 
in a free field sound environment,
9with 
the 63.5 cm sound exposure distance, the 50 cm measurement distance (distance from the sound source or surface of the toy to the microphone during testing), and an allowable sound exposure at the ear of 92.3 dB(A),
10the 
allowable sound level at the 
measurement distance is 94.4 dB(A), which rounds to 94 dB(A), the sound limit in ASTM F963–23. 
Table 1 shows the A-weighted sound 
limit, measurement distance, sound exposure distance, and sound level at the ear by toy category in ASTM F963. This table shows that the new sound limit for push or pull toys produces a similar sound level at the ear to the other toy limits in the toy standard and is below the generally applicable limit of 92.3 dB at the ear. 
TABLE 1—A W EIGHTED SOUND LIMIT, MEASUREMENT DISTANCE , SOUND EXPOSURE DISTANCE , ANDSOUND LEVEL AT  
THEEAR BY TOYCATEGORY  
Toy category A-weighted sound 
limit Measurement 
distance 
(cm) Sound 
exposure 
distance 
(cm) Sound level 
at the ear 
(dBA) 
Close-to-the ear toys .......................................................................................... 65 dB (LAeq) .... .... 50 2.5 91.02 
Hand-held toys ................................................................................................... 85 dB (LAeq) .. ...... 50 25 91.02 
Tabletop, Floor, or Crib Toys in stationary or self-propelled modes ................. 85 dB (LAeq) ........ 50 25 91.02 
Tabletop, Floor, or Crib Toys in user-propelled modes ..................................... 85 dB (LAFmax) ... 50 25 91.02 
Push or Pull Toys in stationary or self-propelled modes ................................... 85 dB (LAeq) ........ 50 25 91.02 
Push or Pull Toys in user-propelled modes ....................................................... 94 dBA (LAFmax) 50 63.5 91.92 
Although the revised 94 dB(A) sound 
limit for push or pull toys is higher than the 85 dB(A) sound limit in ASTM F963–16, the change does not negatively impact safety because the sound exposure distance on which the revised limit is now based more accurately reflects the expected distance between the push or pull toy sound source and the child’s ear when the child is using the toy, and because the 94 dB(A) sound limit is within the margin of safety based on the assumptions used in the sound-producing toys section of the standard. This revision in ASTM F963– 
23 thus resolves the issue that required the Commission to provide the exception in 16 CFR 1250.2(c). Therefore, the direct final rule removes the codified text in 16 CFR 1250.2(c) because it is no longer necessary. 
B. Revisions Not Impacting Safety 
ASTM F963–23 contains numerous 
non-substantive changes, including 
editorial changes such as correcting typographical errors, reformatting, renumbering, and restructuring provisions, that do not impact the safety 
of toys. Below is a discussion of those revisions. 
1. Sound-Producing Toys 
In addition to the substantive change 
discussed above, the revisions for sound 
producing toys reflected in ASTM F963–23 also include changes to sound- producing toy definitions, performance 
requirements, and test methods to improve clarity. Most of the changes clarify categories of toys, applicable requirements, and the relationship 
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between the definitions in section 3, the 
requirements in section 4, and the test methods in section 8. 
•Clarifying changes were made to 
improve the precision of definitions related to sound-producing toys and 
provide additional examples—for example in sections 3.1.14, 3.1.37, 3.1.69, and 3.1.89. Clarifying changes were also made to sections 4.5, 4.5.1, 4.5.1.1, and 4.5.1.7. 
•New language based on existing 
section 4.5 was added to sections 4.5.1.2 (Hand-held toys), 4.5.1.3 (Rattles), 4.5.1.4 (Stationary or Self-propelled Tabletop, Floor, or Crib Toys), 4.5.1.5 (User-propelled Tabletop, Floor, or Crib Toys), and 4.5.1.6 (Push or Pull Toys). 
•A new Note 13 relating to modes of 
tabletop, floor, or crib toys was added to section 4 of the standard. 
•Both clarifying and editorial 
changes were made to the test methods in section 8.20, 8.20.1, 8.20.1.1, 8.20.1.2, 8.20.1.3, 8.20.1.4, 8.20.1.5, 8.20.1.6, 8.20.2.1, 8.20.2.4, 8.20.2.5, and 8.20.2.6 of the standard. Sections 8.20.2.2 (Hand- held Toys) and 8.20.2.3 (Rattles) were moved, in addition to such clarifying and editorial changes. 
•Note 52, concerning use and abuse 
testing, was added to the test methods section. 
•ASTM F963–23 also contains a new 
Annex A14.4 that explains the technical basis for the revision to the A-weighted sound limit for push or pull toys, and rationale for the other changes to the sound-producing toys section. 
The changes to the sound-producing 
toy definitions, performance requirements, and test methods improve clarity but do not affect the scope of toys covered by the standard, the performance requirements for these toys, or the test methods applicable to these toys. In addition, these clarifying changes will likely increase consistency in testing of sound-producing toys between test laboratories, which could improve safety. 
2. Drop Test Floor Specification 
Section 8.7 of ASTM F963–23, which 
is unchanged from the 2017 version of 
the standard, describes a drop test in which a toy is dropped a certain number of times in random orientations from heights based on the ages and expected heights of certain children, onto a specified impact surface. After testing, the toy is examined for mechanical hazards such as hazardous sharp points and sharp edges, and for ingestion hazards such as small, liberated components, chips, or fragments. In ASTM F963–17 and previous versions of the standard, the impact surface was specified in a referenced federal standard SS–T–312B, Tile, Floor: 
Asphalt, Rubber, Vinyl, Vinyl-Asbestos. The SS–T–312B standard, however, has been withdrawn and replaced with ASTM F1066, Specification for Vinyl Composition Floor Tile. The impact medium now specified in ASTM F1066 is the same one formerly specified in SS–T–312B. Accordingly, while ASTM F963–23, section 2 Referenced Documents has been revised to replace the standard SS–T–312B with ASTM F1066, there is no change to the test method or subsequent results. Therefore, this change does not impact safety. 
3. Toxicology 
Section 4.3 addresses the safety of 
substances and materials used in toys. 
Below is a brief description of the non- substantive changes to the following provisions. 
a. Section 4.3.5.2—Toy Substrate 
Materials 
Section 4.3.5.2 of ASTM F963–23 
addresses requirements and test 
methods for specified chemical substances in the substrate materials of toys, where substrate refers to the materials used in toys other than the paints and surface coatings. Changes were made to improve the text’s clarity and flow and to update references to CPSC regulations. Among the clarifications is a new section, 4.3.5.2(1)(e), which indicates that paper and paperboard are not included in the scope of the requirements of section 4.3.5.2. The information in this new section was previously included in Note 5 in the F963–17 standard. Thus, the change is a non-substantive rearrangement of the existing text and is not a change in any requirements. 
b. Section 4.3.8—Phthalates 
Section 4.3.8 of ASTM F963–23 was 
retitled ‘‘Phthalates’’ from the previous 
‘‘DEHP(DOP)’’ and updates the provision to be consistent with the requirements for specified phthalates contained in 16 CFR part 1307. The revised section also references the current CPSC test method and Commission determinations related to requirements for third-party testing. The changes reflect current regulation and practice. While the revisions are intended to avoid stakeholder confusion by providing an up-to-date description of CPSC’s mandatory phthalates requirements, revised section 4.3.8 and the accompanying notes are restatements of existing CPSC rules. Under section 106(a) of the CPSIA, restatements of other CPSC regulations are not considered to be part of the mandatory toy standard and thus are not part of the section 106 standard-revision process. 
c. Section 4.3.6.1—Most Recent Version 
of USP 35 
Section 4.3.6.1 provides information 
on the bacteriological standards for water used in the manufacturing and filling of toys. This section references USP 35, which is the current version of the standard established by United States Pharmacopeial Convention (USP) General Chapter 1231 (identified in the standard as USP <1231>). ASTM F963– 23 revises section 4.3.6.1 to allow for the use of the current version of the USP standard (USP 35) or the most recent version of USP <1231>), if the USP standard is updated to a version beyond USP 35. Because USP <1231>) addresses water used for pharmaceutical purposes, any future revisions should continue to provide a high level of safety for toys. Should a future update to USP <1231>) result in a reduction to toy safety, the Commission has authority under sections 106(c) and (d) of the CPSIA to address such an issue. 
4. Section 5.1.2—Tracking Labels 
ASTM F963–23 adds a new section 
5.1.2, restating CPSC regulations for 
tracking labels and adding Notes 26 and 27 restating CPSC guidance regarding tracking labels. While this addition assists stakeholders in understanding the applicable policies, under section 106(a) of the CPSIA it is a restatement of existing Commission requirements and not considered to be part of the mandatory toy standard. 
5. Section 8.3.2.1—Apparatus Metal 
Sieve 
ASTM F963 calls for the use of a 
metal sieve consisting of stainless-steel wire mesh held in a round metal frame, as a screen tool. Section 8.3.2.1 requires the use of a 0.5 mm (500 mm) standard sieve, also known as a No. 35 sieve (U.S. Alternative). Revised section 8.3.2.1 in ASTM F963–23 corrects a typographical error regarding the nominal wire diameter and the maximum size deviation for an individual opening of a No. 35 sieve, which are both listed incorrectly in units of micrometers (mm) in ASTM F963–17. Revised section 8.3.2.1 uses millimeters (mm)—the correct unit of measurement. Because the No. 35 sleeve was specified previously and remains specified, this correction does not impact safety. 
6. Section 8.14—Projectile Toys 
Several changes were made to the test 
method for projectile toys in section 
8.14 of ASTM F963–23. Section 8.14.3 
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reorders the conditions of the bow used 
for testing, placing the 70 cm pullback distance condition ahead of the 150 Newtons (N) pull force condition when stretching the bow to determine the velocity of the arrow. Section 8.14.5.4 reorders the test conditions to determine the velocity of the projectile in a more logical sequence. Sections 8.14.5.4 and 8.14.5.5 of ASTM F963–17 have been renumbered to sections 8.14.5.5 and 8.14.5.6 in ASTM F963–23. Section 8.14.6.2 also places the 70 cm pullback distance condition ahead of the 150 N pull force condition when stretching the bow to determine the velocity of the arrow. These changes do not change the substantive performance requirements or otherwise affect toy safety. 
III. Incorporation by Reference 
Section 1250.2 of the direct final rule 
incorporates by reference ASTM F963– 
23. The Office of the Federal Register (OFR) has regulations regarding incorporation by reference. 1 CFR part 51. Under these regulations, agencies must discuss in the preamble to a final rule, how the material the agency incorporates by reference is reasonably available to interested parties. In addition, the preamble to the final rule must summarize the material. 1 CFR 51.5(b). 
In accordance with the OFR 
regulations, section II of this preamble summarizes the major provisions of 
ASTM F963–23 that the Commission incorporates by reference into 16 CFR part 1250. Until the direct final rule takes effect, a read-only copy of ASTM F963–23 is available for viewing, at no cost, on ASTM’s website at: www.astm.org/CPSC.htm. Once the rule 
takes effect, a read-only copy of the standard will be available for viewing, at no cost, on the ASTM website at: www.astm.org/READINGLIBRARY/. Interested parties can also schedule an appointment to inspect a copy of the standard at the Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, telephone: (301) 504–7479; email: cpsc-os@cpsc.gov. Interested parties can purchase a copy of ASTM F963–23 from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959, telephone: (610) 832–9500; website: www.astm.org. 
IV. Certification 
Section 14(a) of the CPSA (15 U.S.C. 
2051–2089) requires manufacturers of products subject to a consumer product safety rule under the CPSA, or to a similar rule, ban, standard, or regulation under any other act enforced by the Commission, to certify that the products 
comply 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 of a sufficient number of samples by a third-party conformity assessment body accredited by CPSC to test according to the applicable requirements. As noted, rules issued under section 106 of the CPSIA are ‘‘consumer product safety standards.’’ 15 U.S.C. 2056b(f). Thus, they are subject to the testing and certification requirements of section 14 of the CPSA. 
Because toys are children’s products, 
a CPSC-accepted third-party conformity assessment body must test samples of the products. Products subject to part 1250 also must comply with all other applicable CPSC requirements, such as the lead content requirements in section 101 of the CPSIA (15 U.S.C. 1278a), the tracking label requirements in section 14(a)(5) of the CPSA (15 U.S.C. 2063(a)(5)), and the consumer registration form requirements in section 104(d) of the CPSIA (15 U.S.C. 2056a(d)). ASTM F963–23 makes no changes to ASTM F963–17 that would impact any of these existing requirements. 
V. Notice of Requirements 
In accordance with section 
14(a)(3)(B)(vi) of the CPSA, the 
Commission has previously published four NORs for accreditation of third- party conformity assessment bodies for testing toys. See 76 FR 46598 (Aug. 3, 
2011); 78 FR 15836 (Mar. 12, 2013); 82 FR 8989 (Feb. 2, 2017); 82 FR 57119 (Dec. 4, 2017). The 2013 NOR provided the criteria and process for the Commission’s acceptance of accreditation of third-party conformity assessment bodies for testing toys to ASTM F963–11. The two updates 
published in 2017 addressed the revisions in ASTM F963–16 and ASTM F963–17. The current NOR for ASTM F963–17 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 addressed testing to 37 provisions of ASTM F963. The Commission will require third party testing for the same 37 provisions. To that end, this rule revises § 1112.15(b)(32) introductory text, (b)(32)(ii) introductory text, and (c)(1)(iii) of 16 CFR part 1112 by updating the incorporations by reference to reflect the numbering in ASTM F963–23. Additionally, § 1112.15(b)(32)(ii)(C) is revised to include ‘‘Items of Avian Feather Origin’’ 
in the title for section 4.3.6 of the voluntary standard, which was inadvertently not included in the previous NOR in part 1112. 
Some of the revised sections of ASTM 
F963 include changes to test methods discussed in section II of the preamble. These changes do not involve a change in scientific discipline or significant increases in complexity. Therefore, CPSC will accept testing to support product certifications for sections in ASTM F963–23 if the test laboratory is already CPSC-accepted to the corresponding provisions in ASTM F963–17. Test laboratories that conduct testing to support product certifications to ASTM F963–23 must show in their test reports ‘‘ASTM F963–23’’ and the specific section numbers in the standard to which the product was evaluated. 
When test laboratories seek CPSC 
acceptance for one or more ASTM F963–23 sections, they will be required to update their accreditation scope. CPSC will open the application process for all sections of ASTM F963–23 when this document is published in the Federal Register. To be CPSC-accepted for sections in ASTM F963–23, a test laboratory’s scope of accreditation must include the reference to ‘‘ASTM F963– 23’’ and a specific reference to one or more of the 37 sections listed in the NOR. Test laboratories that are currently accepted to ASTM F963–17 are instructed to update their accreditation scope to include ASTM F963–23 sections as soon as possible and submit their ASTM F963–23 application for CPSC acceptance within two years. Test laboratories that were not previously CPSC-accepted to sections of ASTM F963–17 and that wish to request CPSC acceptance to ASTM F963–23 should work with their accreditation bodies to 
include ‘‘ASTM F963–23’’ sections in their scope of accreditation. This approach will avoid disruption to third party testing to the toy safety standard and allow for a practicable transition from ASTM F963–17 to ASTM F963–23 for testing laboratories, the toy industry, consumers, and other interested parties. 
VI. Direct Final Rule Process 
The Commission is issuing this rule 
as a direct final rule. Although the 
Administrative Procedure Act (APA; 5 U.S.C. 551–559) generally requires agencies to provide notice of a rule and an opportunity for interested parties to comment on it, section 553 of the APA provides an exception when the agency ‘‘for good cause finds’’ that notice and comment are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ 5 U.S.C. 553(b)(B). 
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Under the process set out in section 
106(g) of the CPSIA, when ASTM 
revises a standard that the Commission has previously incorporated by reference under section 104(b)(1)(B) of the CPSIA, that revision becomes the new CPSC standard by operation of law, unless the Commission determines that ASTM’s revision does not improve the safety of the product. The Commission is allowing ASTM F963–23 to become CPSC’s new standard because its provisions improve product safety. This rule updates the Code of Federal Regulations so that it reflects the version of the standard that takes effect by statute, but under the terms of the CPSIA, ASTM F963–23 would take effect as the new CPSC standard for toys even if the Commission did not issue this rule. Thus, public comments would not alter substantive changes to the standard or the effect of the revised standard as a consumer product safety standard under section 106(g) of the CPSIA. Under these circumstances, notice and comment are unnecessary under the APA. 
In Recommendation 95–4, the 
Administrative Conference of the United States (ACUS) endorses direct final rulemaking as an appropriate procedure to expedite rules that are noncontroversial and not expected to generate significant adverse comments. See 60 FR 43108 (Aug. 18, 1995). ACUS 
recommends that agencies use the direct final rule process when they act under the ‘‘unnecessary’’ prong of the good cause exemption in 5 U.S.C. 553(b)(B). Consistent with the ACUS recommendation, the Commission is publishing this rule as a direct final rule, because CPSC does not expect any significant adverse comments. 
Unless CPSC receives a significant 
adverse comment within 30 days of this notification, the rule will become effective on April 20, 2024. 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 a change.’’ 60 FR 
43108, 43111 (Aug. 18, 1995). As noted, this rule merely updates the CFR to reflect a change that occurs by statute, and public comments should address this specific action. 
If the Commission receives a 
significant adverse comment, the Commission will withdraw this direct final rule. Depending on the comment 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. 
VII. Regulatory Flexibility Act 
The Regulatory Flexibility Act (RFA; 
5 U.S.C. 601–612) generally requires 
agencies to review proposed and final rules for their potential economic impact on small entities, including small businesses, and to prepare regulatory flexibility analyses. 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, 604. As discussed in section VI of this preamble, the Commission has determined that notice and the opportunity to comment are unnecessary for this rule. Therefore, the RFA does not apply. CPSC also notes the limited nature of this document, 
which merely updates the incorporation by reference to reflect the mandatory CPSC standard that takes effect by operation of CPSIA section 106. 
VIII. Paperwork Reduction Act 
The current mandatory standard for 
toys includes requirements for marking, 
labeling, and instructional literature that constitute a ‘‘collection of information’’ as defined in the Paperwork Reduction Act (PRA; 44 U.S.C. 3501–3521). The Office of Management and Budget (OMB) has approved the collection of information for ASTM F963–17 under OMB Control No. 3041–0159. ASTM F963–23 updates the requirement for instructional literature to add an instruction for toys that require a manufacturer-supplied specialty or custom tool to access batteries, which directs parents to retain the tool for future use, to store it where the child cannot access it, and state that the tool is not a toy. This change to the instructional literature is within the scope of the information collection approved by OMB in 2022. 
IX. 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 the Commission received notification from ASTM of revisions to the standard. As discussed in section VI 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 20, 2024. The effective date for the NOR is likewise April 20, 2024, the same date that the provisions of ASTM F963–23 become effective. 
X. Preemption 
Section 26(a) of the CPSA provides 
that where a consumer product safety 
standard 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. 15 U.S.C. 2075(a). Section 26(c) of the CPSA also provides that states or political subdivisions of states may apply to CPSC for an exemption from this preemption under certain circumstances. Section 106(f) of the CPSIA deems rules issued under that provision ‘‘consumer product safety standards.’’ Therefore, once a rule issued under section 106 of the CPSIA takes effect, it will preempt in accordance with section 26(a) of the CPSA. 
XI. Environmental Considerations 
Commission rules are categorically 
excluded from any requirement to 
prepare an environmental assessment or an environmental impact statement where 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. 
XII. Congressional Review Act 
The Congressional Review Act (CRA; 
5 U.S.C. 801–808) states that before a 
rule may take effect, the agency issuing the rule must submit the rule, and certain related information, to each House of Congress and the Comptroller General. 5 U.S.C. 801(a)(1). The CRA submission must indicate whether the rule is a ‘‘major rule.’’ The CRA states that the Office of Information and Regulatory Affairs determines whether a rule qualifies as a ‘‘major rule.’’ 
Pursuant to the CRA, OMB’s Office of 
Information and Regulatory Affairs has determined that this rule is not a ‘‘major rule,’’ as defined in 5 U.S.C. 804(2). To comply with the CRA, CPSC will submit the required information to each House of Congress and the Comptroller General. 
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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, Imports, 
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 
■1. Revise the authority citation for part 
1112 to read as follows: 
Authority: 15 U.S.C. 2063. 
■2. Amend § 1112.15 by revising 
paragraphs (b)(32) introductory text, (b)(32)(ii) introductory text, (b)(32)(ii)(C), and (c)(1)(ii) to read as follows: 
§ 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. CPSC only requires certain 
provisions of ASTM F963–23 to be subject to third party testing; therefore, CPSC only accepts the accreditation of third-party conformity assessment bodies for testing under the following toy safety standards: 
* * * * * 
(ii) ASTM F963–23: 
* * * * * 
(C) Section 4.3.6, Cleanliness of 
Liquids, Pastes, Putties, Gels, and 
Powders, and Items of Avian Feather Origin (except for cosmetics and tests on formulations used to prevent microbial degradation). 
* * * * * 
(c) * * * 
(1) * * * (ii) ASTM F963–23, ‘‘Standard 
Consumer Safety Specification for Toy 
Safety,’’ August 1, 2023. 
* * * * * 
PART 1250—SAFETY STANDARD 
MANDATING ASTM F9623 FOR TOYS 
■3. Revise the authority citation for part 
1250 to read as follows: 
Authority: 15 U.S.C. 2056b. ■4. Revise § 1250.2 to read as follows: 
§ 1250.2 Requirements for toy safety. 
(a) Each toy must comply with all 
applicable provisions of ASTM F963–23 
Standard Consumer Safety Specification for Toy Safety, approved 
on August 1, 2023. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. This incorporation by reference (IBR) material is available for inspection at the U.S. Consumer Product Safety Commission and at the National Archives and Records Administration (NARA). Contact the U.S. Consumer Product Safety Commission at: Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, telephone (301) 504–7479, email cpsc-os@cpsc.gov. For 
information on the availability of this 
material at NARA, email fr.inspection@nara.gov, or go to: www.archives.gov/ 
federal-register/cfr/ibr-locations. A read- 
only copy of the standard is available for viewing on the ASTM website at https://www.astm.org/ READINGLIBRARY/. You may obtain a 
copy from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959; telephone (610) 832–9500; www.astm.org. 
(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. 
Alberta E. Mills, 
Secretary, Consumer Product Safety 
Commission. 
[FR Doc. 2024–00741 Filed 1–17–24; 8:45 am] 
BILLING CODE 6355–01–P DEPARTMENT OF THE TREASURY 
Alcohol and Tobacco Tax and Trade 
Bureau 
27 CFR Part 16 
[Docket No. TTB–2024–0001; Notice No. 
231] 
Civil Monetary Penalty Inflation 
Adjustment—Alcoholic Beverage Labeling Act 
AGENCY : Alcohol and Tobacco Tax and 
Trade Bureau, Treasury. 
ACTION : Notification of civil monetary 
penalty adjustment. 
SUMMARY : This document informs the 
public that the maximum penalty for violations of the Alcoholic Beverage Labeling Act (ABLA) is being adjusted in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. Prior to the publication of this document, any person who violated the provisions of the ABLA was subject to a civil penalty of not more than $24,759, with each day constituting a separate offense. This document announces that this maximum penalty is being increased to $25,561. 
DATES : The new maximum civil penalty 
for violations of the ABLA takes effect on January 18, 2024, and applies to penalties that are assessed after that date. 
FOR FURTHER INFORMATION CONTACT : 
Vonzella C. Johnson, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005; (202) 508–0413. 
SUPPLEMENTARY INFORMATION : 
Background 
Statutory Authority for Federal Civil 
Monetary Penalty Inflation Adjustments 
The Federal Civil Penalties Inflation 
Adjustment Act of 1990 (the Inflation Adjustment Act), Public Law 101–410, 104 Stat. 890, 28 U.S.C. 2461 note, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114–74, section 701, 129 Stat. 584, requires the regular adjustment and evaluation of civil monetary penalties to maintain their deterrent effect and helps to ensure that penalty amounts imposed by the Federal Government are properly accounted for and collected. A ‘‘civil monetary penalty’’ is defined in the Inflation Adjustment Act as any penalty, fine, or other such sanction that is: (1) For a specific monetary amount as provided by Federal law, or has a 
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