DATES: This rule will become effective October 2, 2017. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of October 2, 2017.

Background: On August 14, 2015, the Commission issued a notice of proposed rulemaking (NPR) for infant bath tubs. 80 FR 48769. The NPR proposed to incorporate by reference the voluntary standard, ASTM F2670–13, Standard Consumer Safety Specification for Infant Bath Tubs, with several modifications to strengthen the standard, as a mandatory consumer product safety rule.

The NPR referenced ASTM F2670–13, with the following modifications to the ASTM standard to adequately address hazard patterns identified in the incident data: 1. Revised latching or locking mechanism testing protocol. 2. Revised static load testing protocol. 3. Revised content of the warnings, markings, and instructions: (a) Changed the text in the drowning warnings, and (b) added fall hazard warning. 4. Specified a standard format (including black text on a white background, table design, bullet points, and black border) for the warnings on the product, on the packaging, and in the instructions. 5. Required that the safety alert symbol and the word ‘‘WARNING’’ on the drowning hazard label be ‘‘at least 0.4 in. (10mm) high unless stated otherwise, shall be the same size, and shall be in bold capital letters. The remainder of the text shall be in characters whose upper case shall be at least 0.2 in. (5 mm) high unless stated otherwise.’’

ASTM F2670-17 has made modifications to the voluntary standard consistent with the proposed modifications in the NPR.  Therefore the Commission has adopted the revised ASTM as the mandatory Consumer Product Safety Standard without modification.  The Commission Staff is continuing to work with ASTM regarding a standard relating to infant bath slings.

DATES: The action is effective on March 7, 2017. However, the court order had legal effect immediately upon its filing on November 22, 2016.

EXERPT: On December 2, 2014, Zen Magnets, LLC (Zen) filed a petition in the U.S. Court of Appeals for the Tenth Circuit challenging the magnet set rule. The Tenth Circuit concluded that the Commission’s rule provided incomplete and inadequately explained findings. The court vacated and remanded the rule to the Commission.  Zen Magnets, LLC v. Consumer Product Safety Comm’n, No.14–9610 (10th Cir. Nov. 22, 2016).

DATES: Submit comments by April 18, 2017.

OVERVIEW:  The objective of the proposed rule is to update CPSC’s fireworks regulations to reflect the current fireworks market, changes in technology, existing fireworks standards, and safety issues associated with fireworks devices in order to reduce the risk of injury that fireworks devices present to consumers

SUBJECTS OF THE PROPOSED REQUIREMENTS:

1. New Hazardous Substance Bans under 16 CFR 1500 consistent with the American Pyrotechnics Association Standard 87-1.
2. . Adopt a Quantifiable Method of Identifying Devices That Are Limited to Two Grains of Pyrotechnic Composition (16 CFR 1500.17(a)(3))
3. Limit Chemical Composition and Pyrotechnic Weight (16 CFR 1500.17(a))
4. Add Hexachlorobenzene and Lead Tetroxide and Other Lead Compounds to the List of Prohibited Chemicals (16 CFR 1507.2)
5. Adopt a Test Method To Evaluate Side Ignition (16 CFR 1507.3)
6. Require Bases To Remain Attached to Devices (16 CFR 1507.4)
7. Prohibit Devices From Projecting Fragments When Functioning
8. Easing Existing Regulatory Requirements
9. 1. Allow Trace Amounts of Prohibited Chemicals (16 CFR 1507.2)
10. . Define ‘‘Chemical Composition’’ (16 CFR 1500.3)
11. Define ‘‘Explosive Composition’’ (16 CFR 1500.3 and 1507.1
12. Define ‘‘Lift Charge’’ (16 CFR 1500.3)
13. Define ‘‘Pyrotechnic Composition’’ (16 CFR 1500.3 and 1507.1)
14. Clarify Requirements for ‘‘Aerial Bombs’’ (16 CFR 1500.3, 1500.17(a)(3) and 1500.17(a)(8))
15. Define ‘‘Firecrackers’’ (16 CFR 1500.3 and 1507.1) and Rephrase References to Firecrackers (16 CFR 1500.17(a)(3), 1500.17(a)(8), 1500.83(a)(27)(i), and 1500.85(a)(2))
16. Move the Exemption for Firecrackers From the Scope Section of Part 1507 to the Individual Sections of Part 1507 That Are Relevant to Firecrackers (16 CFR 1507.1, 1507.2, and 1507.3)
17. . Make Editorial Correction to Language Regarding Fuse Attachment (16 CFR 1507.3)
18. Define ‘‘Base’’ (16 CFR 1507.4)
19. Define ‘‘Burnout’’ and ‘‘Blowout’’ (16 CFR 1507.6)

DATES: The rule is effective on April 30, 2017, unless the CPSC receives significant adverse comment by March 6, 2017

OVERVIEW: This Final Rule sets for the testing requirements in 16 CFR 1112 for the Third Party Conformity Testing Bodies to follow for testing relating to the Safety Standard for toys in 16 CFR 1250.  It also publishes the Consumer Product Safety Standard for Toys (16 CFR 1250) mandating portions of ASTM F963 as the Safety Standard, as required by the procedure set forth by Congress in Section 106(g) of the Consumer Product Safety Improvement Act.

DATES: Submit Comments by March 20, 2017.

EXCERPTS: The 2016 FOIA amends the Freedom of Information Act, 5 U.S.C. 552, requiring an agency to review its FOIA regulations and issue regulations on procedures for the disclosure of records under the new amendments. Specifically, the 2016 FOIA requires: Certain records be available for public inspection in an electronic format; agencies to make available for public inspection in an electronic format records that have been requested three or more times; that an agency not withhold information under FOIA unless the agency reasonably foresees that disclosure would harm an interest protected by a FOIA Exemption or disclosure is prohibited by law; extending the number of days for an administrative appeal of an adverse determination from 30 to 90 days; limiting the FOIA Exemption for records created 25 years or more before the date on which the records were requested; the assessment of fees be limited in certain circumstances; and requesters be notified of available dispute resolution services from the FOIA Public Liaison of the agency or the Office of Government Information Services.

The proposed amendments would revise the Commission’s FOIA regulations to comply with the FOIA, as amended by the 2016 FOIA, and would update Commission procedures, contact information, and methods of submitting requests for records to the Commission, in addition to other conforming and technical revisions.