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 DOAauthorized 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 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 3345 

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: cpscos@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 2 directs 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.3 Accordingly, 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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3346 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 

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: 

Æ Section 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 

Æ Section 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 Aweighted maximum sound pressure 

level (LAFmax) requirement.4 The 

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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Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 3347 

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 Aweighted sound limit (LAFmax) 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).5 Push 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.7 The 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.8 For 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,9 with 

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),10 the 

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 WEIGHTED SOUND LIMIT, MEASUREMENT DISTANCE, SOUND EXPOSURE DISTANCE, AND SOUND LEVEL AT

THE EAR BY TOY CATEGORY

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 soundproducing 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 (Handheld 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 nonsubstantive 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 thirdparty 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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Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 3351 

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 readonly 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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