[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Rules and Regulations]
[Pages 65274-65296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20333]
[[Page 65273]]
Vol. 88
Thursday,
No. 182
September 21, 2023
Part III
Consumer Product Safety Commission
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16 CFR Parts 1112 and 1263
Safety Standard for Button Cell or Coin Batteries and Consumer Products
Containing Such Batteries; Final Rules
Federal Register / Vol. 88 , No. 182 / Thursday, September 21, 2023 /
Rules and Regulations
[[Page 65274]]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1112 and 1263
[CPSC Docket No. 2023-0004]
Safety Standard for Button Cell or Coin Batteries and Consumer
Products Containing Such Batteries
AGENCY: Consumer Product Safety Commission.
ACTION: Direct final rule.
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SUMMARY: In February 2023, as required by Reese's Law, the U.S.
Consumer Product Safety Commission (CPSC or Commission) issued a notice
of proposed rulemaking (NPR) to eliminate or adequately reduce the risk
of injury from ingestion of button cell or coin batteries by children
six years old and younger. In the NPR the Commission preliminarily
determined that no existing voluntary standard met the requirements in
Reese's Law at that time. In this document, however, the Commission
determines that one voluntary standard, substantially revised since
publication of the NPR, now meets the requirements in Reese's Law with
respect to performance and labeling requirements for consumer products
containing button cell or coin batteries. Reese's Law states that after
a determination of sufficiency by the Commission, such a qualifying
voluntary standard is treated as a consumer product safety rule. The
Commission is publishing this determination, as required by Reese's
Law, as well as a direct final rule to incorporate the voluntary
standard by reference into our regulations. Consumer products subject
to performance and labeling requirements in this direct final rule must
be tested and certified as compliant with the direct final rule.
DATES:
Effective date: The direct final rule is effective October 23,
2023, unless the Commission receives a significant adverse comment by
October 5, 2023. If the Commission receives such a comment, we will
publish a document in the Federal Register withdrawing this direct
final rule before its effective date.
Compliance and enforcement dates: Third party testing and
certification of children's products subject to this rule is not
required until on or after December 20, 2023. Consumer products
containing button cell or coin batteries that are manufactured or
imported after October 23, 2023, must comply with this direct final
rule. However, in recognition of limited testing availability and for
the avoidance of hardship, the Commission is granting a 180-day
transitional period of enforcement discretion from September 21, 2023,
through March 19, 2024.
Incorporation by reference: The incorporation by reference of the
publication listed in this rule is approved by the Director of the
Federal Register as of October 23, 2023.
ADDRESSES: Submit comments, identified by Docket No. CPSC-2023-0004, by
any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: https://www.regulations.gov. Follow the
instructions for submitting comments. CPSC typically does not accept
comments submitted by electronic mail (email), except as described
below. CPSC encourages you to submit electronic comments by using the
Federal eRulemaking Portal.
Mail/Hand Delivery/Courier/Confidential Written Submissions: 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. If you wish to 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: [email protected].
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: https://www.regulations.gov. 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. If you wish to submit such
information, please submit it according to the instructions for mail/
hand delivery/courier/confidential written submissions.
Docket: For access to the docket to read background documents or
comments received, go to: https://www.regulations.gov, and insert the
docket number, CPSC-2023-0004, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: William Cusey, Small Business
Ombudsman, U.S. Consumer Product Safety Commission, 4330 East West
Highway, Bethesda, MD 20814; telephone 301-504-7945; email:
[email protected].
SUPPLEMENTARY INFORMATION: On February 9, 2023, pursuant to section 2
of Reese's Law (Pub. L. 117-171, 15 U.S.C. 2056e), the Commission
published an NPR to establish a Safety Standard and Notification
Requirements for Button Cell or Coin Batteries and Consumer Products
Containing Such Batteries.\1\ 88 FR 8692. As required by section 2(a)
of Reese's Law, the NPR contained performance and labeling requirements
for consumer products containing button cell or coin batteries \2\ and
labeling requirements for button cell and coin battery packaging. See
15 U.S.C. 2056e(a). The NPR also proposed to require notification of
additional point-of-sale performance and technical data related to the
safety of button cell or coin batteries using the Commission's
authority under section 27(e) of the Consumer Product Safety Act
(CPSA), 15 U.S.C. 2076(e). 88 FR 8709. Based on staff's assessment of
existing voluntary standards, the Commission preliminarily determined
in the NPR that no voluntary standard in existence at that time met the
performance or labeling requirements of section 2 of Reese's Law, and
requested comment on that preliminary finding. 88 FR 8702, 8705. The
Commission received 38 comments during a 30-day comment period ending
in March 2023; four of the comments were duplicates. CPSC received two
late-filed comments; one is out-of-scope for this rulemaking. We also
received nine comments in response to an April 11, 2023 Paperwork
Reduction Act (PRA) notice. 88 FR 21652. Tab A of Staff's Final Rule
Briefing Package \3\ and section III of this
[[Page 65275]]
preamble summarize and respond to the comments CPSC received.
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\1\ To implement Reese's Law, on September 8, 2023, the
Commission voted (4-0) to publish this determination and a direct
final rule to incorporate by reference, UL 4200A-2023, approved
August 30, 2023, as the mandatory standard for consumer products
containing button cell or coin batteries, with changes. The Chair,
and Commissioners Trumpka and Feldman, issued statements in
connection with their vote. Statements and an explanation of the
Commission's changes are available at: https://www.cpsc.gov/s3fs-public/RCA-Reese-s-Law-Implementation-UL-4200A-2023-DFR-for-Button-Cell-or-Coin-Batteries-and-Draft-FR-to-Amend-Part-1263.pdf?VersionId=V56MNzyWa_iXqZQlKCyOlRtjl9lcoFit.
\2\ Reese's Law defines the phrase ``consumer product containing
button cell or coin batteries'' as ``a consumer product containing
or designed to use one or more button cell or coin batteries,
regardless of whether such batteries are intended to be replaced by
the consumer or are included with the product or sold separately.''
Notes to 15 U.S.C. 2056e.
\3\ The information in this Commission determination and direct
final rule is based on information and analysis provided in the
August 31, 2023, Staff Briefing Package: Draft Final Rule to
Establish a Safety Standard for Button Cell or Coin Batteries and
Consumer Products Containing Such Batteries (Staff's Final Rule
Briefing Package), available at: https://www.cpsc.gov/s3fs-public/
Reeses-Law-Implementation-Commission-Determination-Regarding-UL-
4200A-2023-and-Draft-DFR-for-Button-Cell-or-Coin-Batteries-and-2-
Draft-FR-to-Amend-Part-1263_Labeling-Requirmnts-for-Button-Cell-or-
Coin-Batte.pdf?VersionId=PyTbnom1OemA3BWl9Z1lONzTlyqbcthW, and on
the January 11, 2023, Staff Briefing Package: Draft Proposed Rule to
Establish a Safety Standard and Notification Requirements for Button
Cell or Coin Batteries and Consumer Products Containing Such
Batteries (Staff's NPR Briefing Package), available at: https://www.cpsc.gov/s3fs-public/NoticeofProposedRulemakingSafetyStandardandNotificationRequirementsforButtonCellorCoinBatteriesandConsumerProductsContainingSuchBatteries.pdf?VersionId=kDinNeydktkt3T8RRtzN4u1GTXPRjpEl.
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After consideration of the comments and the relevant existing
voluntary standards, the Commission determines that a recent revision
of ANSI/UL 4200A, Standard for Safety for Products Incorporating Button
Batteries or Coin Cell Batteries, published on August 30, 2023 (UL
4200A-2023), does meet the performance and labeling requirements in
section 2(a) of Reese's Law with respect to consumer products
containing button cell or coin batteries. 15 U.S.C. 2056e(a) and (d).
Accordingly, under section 2(e) of Reese's Law, UL 4200A-2023 is
treated as a consumer product safety rule promulgated under section 9
of the CPSA (15 U.S.C. 2058) as of the date of the Commission's
determination.\4\ 15 U.S.C. 2056e(e). The Commission is publishing this
determination in the Federal Register, as required by Reese's Law. 15
U.S.C. 2056e(d)(2).
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\4\ Reese's Law states that if the Commission makes a
determination with respect to a voluntary standard, the requirements
of such voluntary standard shall be treated as a consumer product
safety rule promulgated under section 9 of the CPSA (15 U.S.C. 2058)
beginning on the later of either (A) the date of the Commission's
determination with respect to the voluntary standard described; or
(B) the effective date contained in the voluntary standard. UL
4200A-2023 does not contain an ``effective date,'' and the
Commission is making this determination after publication of the UL
4200A-2023 standard. Accordingly, the later of the two dates in
section (e)(2) of Reese's Law (15 U.S.C. 2056e(e)(2)) is the date of
the Commission's determination.
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This notification of the Commission's determination includes a
direct final rule (DFR) to incorporate by reference UL 4200A-2023 into
the Code of Federal Regulations as the mandatory consumer product
safety rule for consumer products containing button cell or coin
batteries. Consistent with the Administrative Procedure Act (APA), 5
U.S.C. 553, the DFR has an effective date of 30 days after publication.
Further, in recognition of limited testing availability the Commission
is granting a 180-day transitional period of enforcement discretion, to
begin September 21, 2023.
The Commission is issuing a separate final rule, published
elsewhere in this issue of the Federal Register, to establish labeling
requirements for button cell or coin battery packaging as required by
Reese's Law, because such products are not within the scope of UL
4200A-2023. 15 U.S.C. 2056e(d)(1). Currently the Commission is not
finalizing the proposed requirements in the NPR for consumer
notification of performance and technical data under section 27(e) of
the CPSA; although, the UL 4200A-2023 revision includes some of the
notification requirements proposed in the NPR. The name of the rule to
be codified in 16 CFR part 1263 reflects this change by removing the
phrase ``and Notification Requirements''; the rule is now entitled
``Safety Standard for Button Cell or Coin Batteries and Consumer
Products Containing Such Batteries.''
I. Statutory and Regulatory Background
A. Reese's Law
President Biden signed Reese's Law on August 16, 2022. 15 U.S.C.
2056e. The purpose of Reese's Law is to protect children six years old
and younger against hazards associated with the ingestion of button
cell or coin batteries. Section 5 of Reese's Law broadly defines a
``button cell or coin battery'' as ``(A) a single cell battery with a
diameter greater than the height of the battery; or (B) any other
battery, regardless of the technology used to produce an electrical
charge, that is determined by the Commission to pose an ingestion
hazard.'' \5\ Thus, the definition of a consumer product with an in-
scope battery depends on the shape of the battery (which contributes to
the ingestion-related risk) and, as stated in part (B), whether the
battery otherwise is associated with an ingestion hazard, which is
consistent with the stated purpose in section 2(a)(1) of Reese's
Law.\6\ 15 U.S.C. 2056e(a)(1).
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\5\ The definitions in section 5 of Reese's Law are codified in
the Notes to 15 U.S.C. 2056e.
\6\ This direct final rule focuses on addressing button cell and
coin batteries under part (A) of the definition because other
batteries where the diameter is less than the height, such as AAA
cylindrical batteries, do not pose the same type or degree of
ingestion hazard as button cell or coin batteries. If CPSC becomes
aware of a serious ingestion hazard associated with another battery
type that is not adequately addressed by voluntary standards,
section 2(g) of Reese's Law allows the Commission to undertake
additional rulemaking to address the hazard. 15 U.S.C. 2056e(g).
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Section 2(a)(1) of Reese's Law mandates that a rule must include
performance requirements for button cell or coin battery compartments
on consumer products to secure them in a manner that eliminates or
adequately reduces the risk of injury from the ingestion of button cell
or coin batteries by children who are six years old or younger, during
reasonably foreseeable use or misuse of the product. 15 U.S.C.
2056e(a)(1).
Section 2(a)(2) of Reese's Law mandates warning label requirements
in a rule. Warnings are required:
On the packaging of button cell or coin batteries (15
U.S.C. 2056e(a)(2)(A));
On the packaging of consumer products containing button
cell or coin batteries (15 U.S.C. 2056e(a)(2)(A));
In any literature, such as a user manual, that accompanies
a consumer product containing button cell or coin batteries (15 U.S.C.
2056e(a)(2)(B));
As practicable, directly on a consumer product that
contains button cell or coin batteries in a manner visible to the
consumer upon installation or replacement of the button cell or coin
battery (15 U.S.C. 2056e(a)(2)(C)(i));
As practicable, in the case of a product for which the
battery is not intended to be replaced or installed by the consumer,
directly on the consumer product in a manner that is visible to the
consumer upon access to the battery compartment, except that if it is
impracticable to label the product, this information shall be placed on
the packaging or instructions (15 U.S.C. 2056e(a)(2)(C)(ii)).
Warning labels required by section 2(b) of Reese's Law must (1)
clearly identify the hazard of ingestion and (2) instruct consumers, as
practicable, to keep new and used batteries out of the reach of
children, to seek immediate medical attention if a battery is ingested,
and to follow any other consensus medical advice. 15 U.S.C. 2056e(b).
To address ingestion of button cell or coin batteries, section 2(a)
of Reese's Law requires the Commission to publish a final consumer
product safety standard for button cell or coin batteries, and consumer
products containing button cell or coin batteries, not later than 1
year after the date of enactment. 15 U.S.C. 2056e(a). However, if the
Commission determines before promulgating a rule that an existing
voluntary standard meets the performance and labeling requirements in
section 2(a) of Reese's Law, then under section 2(d)(1) of Reese's Law
the requirement for the Commission to promulgate a rule does not apply.
15 U.S.C. 2056e(d)(1). Instead, the Commission must publish such
determination of a voluntary standard's sufficiency in the Federal
Register. 15 U.S.C. 2056e(d)(2). As set forth in section IV of this
preamble, the
[[Page 65276]]
Commission determines that UL 4200A-2023 meets the performance and
labeling requirements in section 2(a) of Reese's Law with respect to
consumer products containing button cell or coin batteries.
Section 2(e) of Reese's Law states that the requirements of a
voluntary standard the Commission determines to meet section 2(a) of
Reese's Law shall be treated as a consumer product safety rule
promulgated under section 9 of the CPSA (15 U.S.C. 2058) beginning on
the date that is the later of either the date the Commission makes the
determination under section 2(d), or the effective date in the
voluntary standard. 15 U.S.C. 2056e(e)(2). The UL standard does not
include an ``effective date.'' Rather, UL standards are published when
approved through a consensus process by a majority vote that meets UL's
procedural requirements.\7\ Publication of UL 4200A-2023 occurred
before publication of the Commission's determination, and therefore the
date of this publication is the relevant effective date for purposes of
section 2(e)(2) of Reese's Law.
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\7\ See ULSE ANSI Accredited Procedures, Approved December 2,
2022, available at: https://ulstandards.ul.com/wp-content/uploads/2023/03/ULSEANSIAccreditedProcedures_20221202.pdf.
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The Commission makes the determination that UL 4200A-2023 meets the
requirements of section 2(a) of Reese's Law with respect to performance
and labeling requirements for consumer products that contain button
cell or coin batteries; therefore, by operation of law, UL 4200A-2023
is a consumer product safety rule as of the date of this determination.
15 U.S.C. 2056e(e)(2).\8\ The Commission additionally is codifying UL
4200A-2023 into a regulation, and the effective date of the DFR is 30
days from publication, as described in section VII of this preamble. As
noted, the Commission is granting a 180-day transitional period of
enforcement discretion.
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\8\ UL 4200A-2023 does not, however, address labeling of battery
packaging. Accordingly, in a separate document published elsewhere
in this issue of the Federal Register, the Commission is finalizing
a rule to require labeling on button cell or coin battery packaging.
Notes to 15 U.S.C. 2056e.
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Section 2(f)(1) of Reese's Law establishes a process for subsequent
revision of a voluntary standard the Commission has adopted as a
mandatory standard under section 2(d). In addition, section 2(g) of
Reese's Law provides that any time after a voluntary standard is
treated as a consumer product safety rule under section 2(e), or a
revised voluntary standard becomes enforceable as a consumer product
safety rule under section 2(f), the Commission may initiate a
rulemaking in accordance with 5 U.S.C 553 to modify the requirements of
the standard or revised standard. 15 U.S.C. 2056e(g).
Section 4 of Reese's Law specifically exempts from the performance
and labeling requirements in section 2 of the law, any toy product \9\
that is in compliance with the battery accessibility and labeling
requirements in 16 CFR part 1250, Safety Standard Mandating ASTM F963
for Toys. Notes to 15 U.S.C. 2056e. However, children's products that
contain button cell or coin batteries and that are not a ``toy
product,'' are required to meet the performance and labeling
requirements in this final rule. An example of such products would be
children's apparel, such as shoes, that light up and use a button cell
or coin battery as a power source.\10\
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\9\ Consistent with 16 CFR part 1250, a ``toy product'' is
defined as ``any object designed, manufactured, or marketed as a
plaything for children under 14 years of age.'' Notes to 15 U.S.C.
2056e.
\10\ Section 3 of Reese's Law requires special packaging for
button cell or coin batteries. These requirements, codified in the
Notes to 15 U.S.C. 2056e, are self-implementing, and do not require
CPSC to issue a rule. Section 3 of Reese's Law was effective by
operation of the statute on February 12, 2023.
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B. Description of the NPR
The NPR proposed a rule to address the battery ingestion hazard for
children six years of age or younger. The NPR explained that children
access button batteries from consumer products that are powered by the
batteries, either directly from the battery compartment or because the
batteries have escaped from the compartment. 88 FR 8698-99. CPSC has
not identified any additional hazard patterns since the NPR. Figure 1
provides examples of button cell and coin batteries, and Figure 2 shows
a few examples of consumer products that contain button cell or coin
batteries.
[GRAPHIC] [TIFF OMITTED] TR21SE23.000
[[Page 65277]]
[GRAPHIC] [TIFF OMITTED] TR21SE23.001
In accordance with section 2 of Reese's Law, the NPR contained
performance and labeling requirements for consumer products that
contain button cell or coin batteries.
Performance requirements: As required by Reese's Law, the NPR
proposed that consumer products containing button cell or coin
batteries require the battery to be secured in a manner that would
eliminate or adequately reduce the risk of injury from the ingestion
hazard to children during reasonably foreseeable use or misuse
conditions. In developing the NPR, the Commission drew upon
requirements stated in:
UL 4200A-2020, Standard for Safety for Products
Incorporating Button or Coin Cell Batteries of Lithium Technologies (UL
4200A-2020);
ASTM F963-17 Standard Consumer Safety Specification for
Toy Safety (ASTM F963);
Voluntary standards referenced by Australian F2020L01656,
including:
[cir] IEC 62368-1:2018 Audio/video, information and communication
technology equipment-Part 1: Safety requirements (IEC 62368-1);
[cir] IEC 62115:2017 International Standard for Electric Toys--
Safety (IEC 62115);
[cir] AS/NZS 60065:2018 Audio, video and similar electronic
apparatus--Safety requirements (AS/NZS 60065:2018); and
[cir] AS/NZS 60598.1:2017 Luminaires Part 1: General requirements
and tests (AS/NZS 60598.1:2017).
Table 7 of the NPR summarized the Commission's analysis of the
performance requirements in these voluntary standards. 88 FR 8701.
Based on the analysis in Tab D of Staff's NPR Briefing Package, the
Commission preliminarily concluded that none of these voluntary
standards alone contained performance requirements that are adequate to
address the requirements in Reese's Law. 88 FR 8701-02. Therefore, to
address the performance requirements mandated in Reese's Law, the
proposed performance requirements in CPSC's NPR differed from the
requirements in the voluntary standards in several ways, including:
Broader scope to match the scope of products covered by
Reese's Law;
Clarification that a locking mechanism requiring two
simultaneous and independent actions does not include actions that can
be combined into one single action by a single finger or digit, to
address poor locking mechanism designs observed in testing;
Addition of the compression test from the ASTM F963-17 toy
standard, codified in16 CFR part 1250, to address children pressing on
areas of the battery compartment not directly impacted by the drop
test;
Requirement that all products, including products weighing
more than 18 kg, be subjected to 10 drops;
Addition of the torque and tensile tests from the toy
standard to address a child grabbing and twisting or pulling on parts
of the battery enclosure or tearing apart soft goods with fingers or
teeth.
88 FR 8702-04. Tables 8 and 9 in the NPR, 88 FR 8702, summarized CPSC's
proposed performance requirements for consumer products with
replaceable and non-replaceable button cell or coin batteries.
Warning label requirements: For consumer products containing button
cell or coin batteries, Reese's Law requires warnings on:
The packaging of consumer products;
Accompanying literature; and
Consumer products, as practicable.
15 U.S.C. 2056e(a)(2). Reese's Law also requires warnings on packaging
of button cell or coin batteries. Id. Warning statements must clearly
identify the hazard of ingestion and instruct consumers, as
practicable, to keep new and used batteries out of the reach of
children, seek immediate medical attention if a battery is ingested,
and follow any other consensus medical advice. 15 U.S.C. 2056e(b).
The NPR assessed warning requirements in several voluntary
standards, and preliminarily concluded that none of the voluntary
standards were adequate to meet the requirements in Reese's Law. Tab C
of Staff's NPR Briefing Package; 88 FR 8704-05. Tables 10 and 11 in the
NPR summarized the Commission's assessment of the warning label
requirements in voluntary standards, in relation to the requirements of
Reese's Law. 88 FR 8705.
Because none of the voluntary standards met the requirements in
Reese's Law at the time of the NPR, the Commission proposed warning
requirements for the packaging of consumer products containing button
cell or coin batteries, accompanying literature, and, as practicable,
consumer products. 88 FR 8706-09. The NPR also proposed warnings
requirements for the packaging of button cell or coin batteries, which
are being established by the Commission in a separate final rule. 88 FR
8706-07.\11\
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\11\ The NPR additionally proposed to require point-of-sale
warnings of the ingestion hazard and other battery safety
information under section 27(e) of the CPSA to improve safety
communication to consumers to address the unreasonable risk of
injury and death to children from ingesting or inserting button cell
or coin batteries into the body, and other hazards. 88 FR 8709-11.
The Commission is not finalizing proposed requirements under section
27(e) of the CPSA at this time.
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II. Assessment of Performance and Labeling Requirements in UL 4200A-
2023
Several pertinent voluntary standards have been revised since the
NPR published on February 9, 2023. IEC 62368-1 published a new edition
[[Page 65278]]
(Edition 4, or IEC 62368-1:2023) in May 2023. In January 2023, ASTM
balloted a revision to the battery compartment construction
requirements in ASTM F963. In April 2023, UL balloted a revised version
of UL 4200A, which was further revised and reballoted in July 2023, and
comment responses were recirculated in August 2023. UL published its
most recent revisions on August 30, 2023, as UL 4200A-2023. Tab E of
Staff's Final Rule Briefing Package contains staff's detailed
assessment of ASTM F963, UL 62368-1, and the revised IEC 62368-1:2023.
Based on staff's updated assessment of ASTM F963, UL 62368-1, and IEC
62368-1:2023, the Commission cannot determine that any of these
standards is adequate to meet the requirements in section 2(a) of
Reese's Law.
However, for the reasons stated below and further elaborated in Tab
E of Staff's Final Rule Briefing Package, the Commission determines
that UL 4200A-2023 meets the performance and labeling requirements in
section 2(a) of Reese's Law as applied to consumer products containing
button cell or coin batteries. Table 1a summarizes CPSC's evaluation of
the performance requirements in the updated voluntary standards.
Table 1a--Assessment of Existing Voluntary Standards' Performance Requirements for Button Cell or Coin Batteries
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ASTM F963
UL 4200A-2023 (Ballot) UL 62368-1 IEC 62368-1:2023 IEC 62115
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Scope........................... Battery Chemistry Any *............. Any............... Any............... Any............... Any.
Type.
Product Type...... Any............... Toys.............. Audio/Visual Audio/Visual Electronic Toys.
Equipment. Equipment.
Construction Performance........ Opens with Tool... A................. A................. A................. A................. A.
Captive screws.... A................. A................. I................. A................. A.
Threaded A................. .................. I................. A.................
attachment
requirements.
Opens with two A................. O................. I................. I................. O.
independent and
simultaneous
movements.
Accessibility..... A................. A................. A................. A................. A.
Use and Abuse................... Pre-conditioning A................. .................. A................. A.................
in oven.
Open/close and A................. .................. A................. A................. I.
remove/install
battery/screw(s)
10 times.
Drop test--based A................. I................. I................. I................. I.
on product weight/
type.
Drop test--based O................. I................. O................. O................. O.
on age grading.
Impact Test....... A................. .................. A................. A................. I.
Crush Test (big A................. .................. A................. A.................
surface area).
Torque Test....... A................. A.................
Tension Test...... A................. A................. .................. .................. A.
Tension Test-- A................. A................. .................. .................. A.
Seams.
Compression Test A................. A................. I................. I.................
(little surface
area).
Accessibility A................. I................. I................. I................. A.
Probe Compliance
Test.
Securement (non- A................. O................. O................. O................. O.
removable
batteries).
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* Excludes zinc-air batteries, which are not known to be used in consumer products.
Blank--Does not address requirements, I--Inadequately addresses requirements, A--Adequately addresses requirements, O--Otherwise adequately addresses
requirements.
Table 1b, below, summarizes CPSC's assessment of warning label
requirements for consumer products containing button cell or coin
batteries in existing voluntary standards.
Table 1b--Assessment of Existing Voluntary Standards' Labeling Requirements for Consumer Products Containing Button Cell or Coin Batteries
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ASTM F963
(Ballot) UL 4200A-2023 ASTM F2999-19 ASTM F2923-20 IEC 62115 UL 62368-1
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Scope........................ Battery All............. All *........... All............. All............ All............ All.
Chemistry Type.
Product Type.... Toys............ All............. Jewelry......... Children's Toys........... Audio/Visual
Jewelry. Equipment.
Labeling..................... On Consumer I............... A............... ................ ............... I..............
Product
Packaging.
n instructions I............... A............... ................ ............... I.............. I.
or accompanying
literature.
[[Page 65279]]
On consumer ................ A............... ................ ............... ............... I.
product.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Excludes zinc-air batteries, which are not known to be used in consumer products.
Blank--Does not address requirements, I--Inadequately addresses requirements, A--Adequately addresses requirements.
Although, as reflected in these tables, UL 4200A-23 satisfies all
performance requirements of Reese's law section 2(a), and the law's
requirements for labeling of consumer products that contain button cell
or coin batteries, this UL standard does not address labeling of
battery packaging, for which Reese's Law also has requirements.
Below, we address in detail two significant aspects in which the
former UL 4200A-2020 fell short of Reese's Law's requirements, but that
the recent revisions to the standard--as we interpret them--do address
adequately.
A. Captive Screw Exceptions
Section 5.6 of UL 4200A-2020 included an exception from the
requirement for fasteners to remain captive to the battery enclosure
for large panel doors on large devices, which are not likely to be
discarded or left off the equipment. The Commission did not include
such captive screw exception in the NPR and stated that the range of
products to which that exception would apply is unclear. 88 FR 8703.
Section 5.6 of UL 4200A-2023 contains a revised requirement for
captive screws. Two related exceptions exist for the requirement, both
of which apply only to products containing button cell or coin
batteries that are not intended to be replaced by the consumer, and
where there are instructions and warnings that clearly state the
battery is not to be replaced by the consumer. The first exception
applies to products containing button cell or coin batteries ``that can
only be accessed through the removal of multiple enclosures or panels
using a tool.'' The second captive screw exception applies to
``products only to be opened by a professional service center (where
children are not present).''
Regarding the first exception, products designed and labeled to not
have the battery replaced by the consumer provide the consumer with
less incentive or need to access a button cell or coin battery
compartment. The requirement to remove multiple enclosures or panels to
reach a button cell or coin battery provides an extra layer of
protection that prevents immediate access to batteries, even if screws
to those panels are lost or discarded. CPSC is unaware of ingestion
incidents involving access to button cell or coin batteries through
multiple enclosures on consumer products. Products that might fit into
the first exception include desktop and laptop computers, with
batteries that frequently last longer than the product itself.
The second exception applies to products ``only to be opened by a
professional service center (where children are not present).'' The
text of the UL 4200A-2023 does not further explain this exception. We
think it plain, however, that to avoid undermining the safety purpose
of the captive screw requirement, the design of the consumer product,
as well as its warning language and literature, must be consistent with
professional-only access to the battery compartment. Accordingly, we
interpret the professional service center exception for captive screws
to only apply to consumer products with design and construction
characteristics that are inconsistent with consumers accessing the
batteries at home, for example by having a battery compartment that
cannot be opened with a common household tool such as a straight-blade
screwdriver, Phillips screwdriver, pliers, or a coin. For example,
watch battery compartments that require a special professional tool to
open would not require captive screws. However, watch battery
compartments secured only with a straight blade or Phillips screw would
not qualify for this captive screw exception, because such a product
could be opened by consumers in their homes with readily available
household tools.
B. Drop Test Requirements
To address the accidental liberation of button cell or coin
batteries from consumer products, UL 4200A-2020 called for ``portable''
products to be dropped a total of three cycles in testing, and ``hand-
held'' products a total of 10 cycles. In the NPR, the Commission
proposed to require all products within the scope of the rule to be
subject to 10 drop cycles. 88 FR 8713.
After reviewing the comments received on the NPR (which are
discussed in section III below), the Commission agrees that it is
appropriate to distinguish between products that are ``portable'' and
those that are ``handheld,'' provided those definitions are clear and
able to be applied consistently. See Tab E of Staff's Final Rule
Briefing Package.
Section 4.3A of UL 4200A-2023 now defines ``hand-held product'' to
mean a product that is ``reasonably foreseeable to be used or misused
when being held in one or both hands.'' This category includes only
``[p]roducts specifically designed to be carried easily, with a mass
not exceeding 4.5 kg (10 lbs).'' Section 4.4 of UL 4200A-2023 revises
the definition for ``portable device'' to mean a ``device that is
reasonably foreseeable to be routinely carried or lifted as part of its
use or misuse but not operated during transit with a mass not exceeding
18 kg (39.7 lb).'' The Commission concludes that these definitions
reasonably distinguish between handheld consumer products that are
likely to be handled often and dropped frequently (such as a television
remote control, for example), and other products that are moveable but
not routinely handheld. The 10-drop requirement applies to the former,
while a 3-drop requirement applies to the latter. The Commission
determines that this framework in UL 4200A-2023 meets the requirements
for Reese's Law section 2(a).
III. Comments on the NPR
CPSC received 38 comments during the comment period (four were
duplicates), from February 9 through March 13, 2023, and two late-filed
comments (one is out-of-scope for this rulemaking). Also, CPSC received
nine comments on a separate PRA notice estimating the burden of the
proposed rule. Commenters included medical professionals, standards
development associations, consumers, consumer advocates, retail and
manufacturing associations, and battery and consumer product
manufacturers.
Thirty-three commenters generally supported the safety purpose and
scope of Reese's Law. Commenters noted the
[[Page 65280]]
potential deadly risk of injury associated with ingestion and insertion
of button cell and coin batteries and their ubiquitous use in many
different types of consumer products that are accessible to young
children. Medical professionals informed the Commission regarding the
difficulty in diagnosing an unwitnessed button cell or coin battery
ingestion that requires prompt removal of the battery to prevent life-
threatening esophageal burns and soft tissue damage, because the
symptoms can mimic other health issues such as colds or upset stomach.
Commenters generally supported the development of strong performance
and labeling requirements for consumer products to prevent the
ingestion hazard, as most button cell or coin battery ingestion
incidents involve batteries obtained from consumer products.
Many commenters suggested that the CPSC find one of the reviewed
voluntary standards adequate to meet Reese's Law requirements and to
adopt a voluntary standard for the rule. Because many of the comments
received are relevant to the Commission's favorable determination on
the UL 4200A-23 voluntary standard, we summarize and respond to them
here.
Comments in Response to Questions on Performance Requirements
A. Whether any consumer products (as opposed to medical devices,
such as hearing aids) contain zinc-air button cell or coin batteries,
and whether such products should be required to meet the performance
requirements for battery compartments on consumer products.
Comment 1: Other than use in hearing aids, a medical device, no
commenters identify any consumer products using zinc-air button cell or
coin batteries. An international battery trade association and a
coalition of medical and consumer organizations (American Academy of
Pediatrics, Consumer Reports, Public Citizen, Consumer Federation of
America, Kids In Danger, and U.S. Public Interest Research Group) state
that they are unaware of any consumer products (as defined in section 3
of the CPSA, 15 U.S.C. 2052(a)(5)) using zinc-air batteries. The
coalition of medical and consumer organizations state that the
Commission should reserve the ability to take further action regarding
zinc-air button cell and coin batteries.
Response 1: Because the Commission is not aware of any consumer
products that contain zinc-air button cell or coin batteries and
commenters did not submit information regarding such products, and
because such batteries present a low risk of causing an ingestion
hazard as described in Tab C of Staff's Final Rule Briefing Package,
the NPR proposed that zinc-air button cell or coin batteries, and
products that use such batteries, should not be subject to the
performance requirements in the final rule. Section 1.2 of UL 4200A-
2023 contains a similar zinc-air battery exception.
B. Whether any voluntary standard meets the performance and
labeling requirements of Reese's Law.
Comment 2: Multiple commenters argue for Commission determinations
that various voluntary standards satisfy the requirements of section
2(a) of Reese's Law. Five commenters (The Toy Association, Retail
Industry Leaders Association (RILA), Permanent European Horological
Committee (CPHE), Federation of the Swiss Watch Industry (FH), and
American Watch Association (AWA)) recommend that CPSC accept the
voluntary standard ASTM F963 as adequate to address the risk of
ingestion by children. The commenters generally state that ASTM F963
adequately fulfills the objectives of Reese's Law, and that no data
exists to suggest that the standard creates an accessibility hazard for
products containing button cell or coin batteries that comply with the
standard. However, a coalition of medical and consumer organizations
recommend that the ASTM toy standard subcommittee incorporate some of
CPSC's proposed requirements, such as improving testing for fastener
retention and threading to avoid stripped screw holes and other
possible scenarios that might lend access to the batteries.
Five commenters (Garmin International Inc. (Garmin), CPHE, FH, AWA,
and TechNet) recommend that CPSC accept the voluntary standard UL 4200A
as adequate to address the risk of child ingestion. Four commenters
(Japan Electronics and Information Technology Industries Association
(JEITA), Consumer Technology Association (CTA), TechNet, and
Information Technology Industry Council (ITI)) further state that CPSC
should accept IEC 62368-1 or UL 62368-1 as adequate to address the risk
of injury for products within the scope of that standard. The Battery
Association of Japan (BAJ), Duracell, Energizer, and the National
Electrical Manufacturers Association (NEMA) state that CPSC should
accept IEC 60086 or ANSI C18 standards as adequate for battery package
labeling requirements. Finally, the Power Tool Institute states that
the Commission should work with voluntary standards organizations to
improve and codify a voluntary standard.
Response 2: Reese's Law states that the Commission can rely on a
voluntary standard, rather than drafting and implementing a rule for
covered products, if the Commission determines that: (A) the voluntary
standard meets the requirements for a standard promulgated under
subsection (a) with respect to the products; and (B) the voluntary
standard is in effect at the time of the determination, or will be in
effect not later than 180 days after August 16, 2022 (February 12,
2023). 15 U.S.C. 2056e(d)(1). The Commission finds that UL 4200A-2023
meets the requirements of Reese's Law. As set forth in Staff's Final
Rule Briefing Package and summarized in Tables 1a and 1b, however, the
Commission does not find that any other voluntary standard, as
described by the commenters, is adequate to meet the requirements of
Reese's Law or to address the risk of injury from child ingestion.
Tabs D and E of Staff's Final Rule Briefing Package discuss staff's
updated assessments of the voluntary standards based on feedback
received from public comments. None of the commenters provide
sufficient analysis, critique, or justification for the Commission to
make a determination that any voluntary standard, other than UL 4200A-
2023, meets the performance or labeling requirements in Reese's Law.
C. Whether the requirements for accessibility of battery
compartments should incorporate test methods commonly used on toy
products, such as the torque and tensile tests for parts of the product
that can be gripped by a child's fingers or teeth, or a tensile test
for pliable materials.
Comment 3: Two commenters (Landsdowne Labs and a coalition of
medical and consumer organizations) support the incorporation of test
methods commonly used on toy products.
Response 3: Incorporating test methods such as torque and tensile
tests for parts of a consumer product that can be gripped by a child's
fingers or teeth, or a tensile test for pliable materials, decreases
the likelihood of children gaining access to button cell or coin
batteries. Based on staff's assessment of these test methods in the
ASTM F963 toy standard, the Commission determines that their inclusion
in UL 4200A-2023 adequately tests the durability and integrity of
battery compartments in products with pliable materials, such as shirts
and greeting cards that light up or make sound using batteries. The
Commission agrees with the commenters that these requirements will
eliminate or adequately reduce the
[[Page 65281]]
risk of ingestion in pliable products, as required by Reese's Law.
D. For consumer products that use button cell or coin batteries and
have large panel doors, what consumer products have such doors, and
should the Commission exclude large panel doors from the requirement
for captive screws; why or why not (i.e., why does a large panel door
represent a different risk of injury from battery access without using
captive screws than a smaller battery compartment door does)?
Comment 4: Three commenters (UL Solutions, CTA, and ITI) state that
the large panel door exemption from the captive screw requirement
exists for products--like desktop computers which commonly use coin
batteries on the motherboards to provide backup power--where the panel
forms part of system enclosure which is not intended to be opened
regularly by the consumer. The commenters state that consumers are
unlikely to leave off or discard screws for these large panel doors.
ITI notes that UL 62368-1 states that captive screws are for batteries
that need to be replaced regularly.
Response 4: Section 5.6 of UL 4200A-2023 states that products
containing button cell or coin batteries with large panel doors are
excepted from the captive screw requirement as long as the batteries
are not intended to be replaced by the consumer. The intent of the
captive screw requirement is to prevent consumers from discarding
screws securing battery enclosures after battery replacement during the
product's lifetime. For products requiring battery replacement,
consumers foreseeably may discard the screws to make replacing the
batteries easier, without appreciating the battery ingestion hazard; or
consumers may lose the screw and think the product is safe to use
without properly securing the battery compartment. However, as
explained in section II.A of this preamble, if a product's battery is
not meant to be replaced, consumers are unlikely to open large panel
doors to access the battery; therefore, requiring captive screws is not
reasonably necessary to address the ingestion hazard in Reese's Law.
Exception 1 in section 5.6 of UL 4200A-2023 provides that captive
screws are not required for products containing button cell or coin
batteries that are not intended to be replaced by the consumer, and
that products containing such batteries that can only be accessed
through the removal of multiple enclosures or panels using a tool do
not need captive screws. UL 4200A-2023 also requires that to meet the
exception, such products must have instructions and warnings that
clearly state the battery is not to be replaced by the consumer. Such
products must also meet use and abuse testing requirements. The
Commission determines that the requirements for multiple enclosures in
UL 4200A-2023, which can include large panel doors, are adequate to
meet the requirements in section 2(a) of Reese's Law.
E. Whether a double-action locking mechanism used to secure battery
compartment enclosures, meaning those mechanisms that rely on two
independent and simultaneous hand movements to open (versus a screw,
for example), should be allowed to secure button cell or coin battery
compartments.
Comment 5: Two commenters (RILA and The Toy Association) provide
comments on whether double-action locking mechanisms, which are more
accurately described as ``multi-action'' locking mechanisms to reflect
that there can be more than two motions, should be allowed to secure
button cell or coin battery compartments. RILA supports including the
option for multi-action locking mechanisms, especially for products
where it may not be feasible to secure battery compartments with an
enclosure that requires a tool. The Toy Association opines that multi-
action locking mechanisms are susceptible to be opened by applying
forces in a single action or for one or both mechanisms to be
disengaged, reducing the safety or efficacy of the mechanism. The Toy
Association also comments that multi-action locking mechanisms may
present a ``false positive'' to the consumer, appearing to be closed
but susceptible to opening upon product operation.
Response 5: We agree with RILA that multi-action locking mechanisms
can be a safe and effective alternative method to securing battery
enclosures. Many products that use button cell or coin batteries are
small and sometimes may not have enough space in the design to
incorporate a screw to secure the battery enclosure. Therefore,
providing multi-action locks as an alternative provides industry with
some flexibility for designing their products in a safe manner. Staff's
review of consumer products demonstrates a variety of different multi-
action locking mechanisms that can be effective.
Moreover, both the NPR and UL 4200A-2023 address the Toy
Association's concerns. To address incidents involving multi-action
locks that could be opened with a single action, and to ensure
consistent and reliable testing, the NPR specified that ``[t]he
movements to open cannot be combinable to a single movement with a
single finger or digit.'' 88 FR 8721. Section 5.5(b) of UL 4200A-2023
also contains this language to clarify requirements for multi-action
locking mechanisms. Because the actions must be simultaneous, the first
action must be maintained while the second and successive actions are
completed for the lock to open. If the design of the mechanism allows
the battery compartment to open when the first action disengages, the
battery compartment does not comply with the requirements of UL 4200A-
2023. Therefore, the requirements of the UL standard and this DFR are
intended to prevent the scenario envisioned by the Toy Association.
Additionally, regarding the Toy Association's comment on multi-
action locking mechanisms presenting a ``false positive'' in which they
appear to be closed, this scenario may occur in both multi-action
locking enclosures and enclosures secured via screws or other
fasteners. After replacing the battery, consumers may inadvertently
neglect to screw or retighten a fastener, leaving the enclosure
ineffective. To decrease this risk for all products, regardless of
their battery compartment securement design, UL 4200A-2023 requires
that all products containing a button cell or coin battery include
warnings in product instructions to ensure proper securement of the
battery enclosure.
Comment 6: Four commenters (coalition of medical and consumer
organizations, CTA, the Consumer Safety Consultancy (CSC), and Mark
Strauch) recommend adding tests to prove the effectiveness of multi-
action locking mechanisms because, for example, locking mechanisms
requiring a push and turn could be opened accidentally. CTA opines that
specifying independent hand movements cannot be combinable to a single
movement is redundant, because if the end point of the first movement
is the starting point of the second movement, then the movements would
not be independent. CSC recommends that the requirement for multi-
action locking mechanisms be revised to require independent and
sequential motions rather than independent and simultaneous motions as
proposed in the NPR. Strauch comments that the NPR's clarification that
``[t]he movements to open cannot be combinable to a single movement
with a single finger or digit'' is unnecessary and is an enforcement
issue rather than an issue with the standard.
Response 6: Multi-action locking mechanisms that secure button cell
or coin battery compartments are adequate
[[Page 65282]]
to prevent access to children, so long as the actions cannot be
combinable into one single action. Through testing, CPSC staff
identified multiple products that were designed with the intent of
requiring two independent actions to open the battery compartment that
could be defeated by applying a single force to disengage the lock and
expose the battery. Accordingly, the NPR included an additional
clarification specifying, ``[t]he movements to open cannot be
combinable to a single movement with a single finger or digit.'' This
requirement addresses the concerns from the coalition of medical and
consumer organizations' comment that locking mechanisms that require a
push and turn could be accidentally opened.
The Commission disagrees with commenters that a final rule should
require independent sequential actions, rather than simultaneous
actions, because sequential actions can be achieved more easily than
simultaneous actions. The requirement for at least two independent and
simultaneous actions allows for sequential actions, so long as the
first action is held by the consumer while the second action occurs.
Independent sequential actions, by contrast, would not require that the
first action be held by the consumer while the second action occurs for
the battery compartment to open, making the scenario of a child
accidentally opening the battery compartment more likely.
UL 4200A-2023, as incorporated into this DFR, requires two
independent and simultaneous movements that cannot be combined into a
single movement. This requirement adequately addresses the risk of
opening by young children or inadvertent action by older consumers, and
provides testing laboratories with clearer criterion for assessing the
adequacy of multi-action locking mechanisms.
F. Whether the proposed secureness test based on UL 4200A-2020 is
sufficient to address reasonably foreseeable use and abuse of consumer
products containing non-removable batteries.
Comment 7: ITI asked for clarification on how the secureness test
is applied to products, questioning whether the force application per
the secureness test is to the exterior battery enclosure or to the
battery itself.
Response 7: Under Sec. 1263.3(f) of the NPR's proposed rule, the
secureness test was applicable only to button cell or coin batteries
that are accessible based on proposed Sec. 1263.3(d), which specifies
removing ``any part of the battery compartment enclosure that can be
opened or removed without a tool or that can be opened or removed with
anything less than two independent and simultaneous movements.''
Section 6.4 in UL 4200A-2023 contains a similar requirement. After
removing any components, testers should apply an accessibility probe to
any opening of the battery compartment. If the probe makes contact with
any battery, the battery is considered accessible, and the secureness
test applies a force, directed outwards, using the test hook on the
battery itself at all points where an application of a force is
possible. This step is intended to demonstrate that the battery cannot
be liberated from the product.
Comment 8: The CTA and ITI comment that the NPR incorrectly states
that UL 4200A-2020 and IEC 62368-1 do not require abuse testing for
products with button cell or coin batteries ``that are held fully
captive by soldering, fasteners, or any equivalent means.'' The
commenters explain that UL 62368-1 requires robustness tests for solid
safeguards which address accessibility of other hazards such as shock,
fire, mechanical, and burn. The commenters state that these
requirements are independent of the button cell or coin batteries
because they are general requirements for all solid enclosures or
barriers.
Response 8: The commenters are correct. UL 62368-1 requires all
products containing solid safeguards to comply with the standard's
relevant robustness tests, which include a steady force test (i.e.,
small surface compression test), drop test, impact test, and other
abuse tests based on the specific construction materials (such as glass
or thermoplastic). These tests are required regardless of whether the
product contains a button cell or coin battery. CPSC staff considered
these comments in its revised appraisal of UL 62368-1 and concluded
that the securement test was otherwise adequately addressed with other
requirements in the standard. See Briefing Memorandum of Staff's Final
Rule Briefing Package.
CPSC's proposed rule required products with non-removable button
cell or coin batteries that are secured to the product via soldering,
fasteners, or equivalent means to comply with the secureness test in
Sec. 1263.3(f), and not to the abuse testing in Sec. 1263.3(e). UL
4200A-2023 requires that button cell or coin batteries held fully
captive by the use of soldering, fasteners such as rivets, or
equivalent means must pass the secureness test in section 6.4 of UL
4200A-2023. This requirement is similar to the NPR's approach and is
adequate to meet the requirements in Reese's Law.
G. Whether Test Probe 11 of the Standard for Protection of Persons
and Equipment by Enclosures--Probes for Verification, IEC 61032, is
adequate to verify accessibility of a button cell or coin battery in a
battery compartment.
Comment 9: Three commenters (CTA, ITI, and UL Solutions) recommend
applying a 45 N force application with Test Probe 11 per UL 62368-1 and
UL 4200A-2020 to determine whether a battery can be liberated from a
consumer product by children up to age six. CTA and ITI opine that the
50 N force in the NPR's proposed rule, which was based on IEC 62115, is
intended for a scope of children up to 14 years old, and is too great
because Reese's law is intended to protect children up to age six.
Furthermore, they state the lack of incidents involving products
certified to the 45 N requirement is evidence of adequacy. UL Solutions
opines that the toy standard containing the 50 N force, IEC 62115, was
developed based on the expectation that toys are continually used by
children over its lifetime; whereas UL 4200A-2020 was developed
assuming that children would likely come into contact with in-scope
products, but not continually over the product's lifetime.
Response 9: Section 6.3.5.1 of UL 4200A-2023 requires the higher
force of 50 N based on requirements in IEC 62115 and IEC 61032. We
disagree that the 45 N test in UL 4200A-2020 is adequate because the
standard was developed for products that are not continuously used by
children over a product's lifetime. The 50 N compliance test accounts
for reasonable, foreseeable use and abuse over the course of a
product's lifetime, presuming that most consumer products are likely to
be accessible to children. Indeed, most of the incident data for button
cell and coin battery ingestions involve batteries liberated from
consumer products by children, including products that are not intended
to be used by children. UL 4200A-2023 now relies upon the test probe in
IEC 61032, which specifies a force of 50 N. This higher force will
adequately protect against children accessing button cell or coin
batteries from consumer products during reasonably foreseeable use and
misuse conditions, as required by Reese's Law.
H. Whether there are any additional performance requirements that
should be considered, either for specific types of products, or in
general.
Comment 10: A coalition of medical and consumer organizations
recommends adding a test to prove the effectiveness of multi-action
locks. They
[[Page 65283]]
add that small, disc-shaped products that require a push and turn
double-action can be mimicked by a child putting their hand on the
product, putting the product on the floor, and then turning.
Response 10: As explained in response to comments five and six, we
agree that some multi-action locking mechanisms can be defeated by
applying a single force, effectively combining the two motions of a
double-action lock. For this reason, the proposed rule and UL 4200A-
2023 clarify that ``[t]he movements to open cannot be combinable to a
single movement with a single finger or digit.'' Based on staff's
testing and review of consumer products, the Commission finds this
clarification adequate for test laboratories to determine the
effectiveness of multi-action lock designs without additional testing.
Comment 11: Two commenters (a consumer and CTA) discuss the
requirement for twist-on enclosures requiring a minimum of 90[deg]
rotation to remove. The consumer commenter recommended that a 90[deg]
rotation is insufficient whereas CTA considers this requirement
adequate.
Response 11: The requirement for minimum rotation angle for twist-
on enclosures is based on a requirement in section 5.5(a) of UL 4200A-
2020. This requirement is maintained in section 5.5(a) of UL 4300A-
2023. Based on staff's testing and the lack of more stringent
requirements in any other standards, CPSC does not have any data to
support a greater rotation angle to prevent children ages six years and
younger from accessing the button cell or coin battery. Accordingly,
the Commission finds the 90[ordm] rotation angle requirement as set
forth in UL 4200A-2023 compliant with Reese's Law section 2(a).
I. Whether one or more performance requirements should be based on
IEC 62368-1, in addition to, or instead of, performance requirements
based on UL 4200A-2020.
Comment 12: Two commenters (ITI and Garmin) discuss the fastener
torque requirements based on Table 20 of UL 60065. ITI comments that
the torque requirements in Sec. 1263.3(e)(1)(ii) for fasteners based
on Table 20 of the Standard for Audio, Video and Similar Electronic
Apparatus--Safety Requirements, UL 60065, are outdated and superseded
by Table 37 of the Standard for Safety: Audio/Video, Information and
Communication Technology Equipment--Part 1: Safety Requirements, UL
62368-1. Garmin comments that the fastener torque requirements from
Table 20 of UL 60065 do not consider small fasteners that cannot
withstand the specified torque values.
Response 12: Commission staff advises that Table 20 of UL 60065 is
superseded by Table 37 of UL 62368-1 as noted by ITI and Garmin, and
recommends updating this reference table. While UL 4200A-2023 does not
include this update, the comments do not suggest that this constitutes
a failure to satisfy the requirements of Reese's Law. Further, we
disagree with Garmin's position that Table 20 of UL 60065 (and
similarly Table 37 of UL 62368-1) do not account for small fasteners.
The torque values in these tables are dependent on the size of the
fasteners, with the lowest torque requirement of 0.4 Nm for fasteners
up to 2.8 mm in diameter. As discussed in Tab D of Staff's NPR Briefing
Package, fasteners that do not meet the minimum required torque often
fail the preconditioning and abuse tests and therefore are inadequate
to secure battery compartments and reduce the battery ingestion risk to
children.
J. Whether the proposed performance requirements are needed and are
likely to eliminate or adequately reduce the ingestion hazard
associated with access to button cell or coin batteries from consumer
products.
Comment 13: Three commenters (CPHE, FH, and AWA) opine that watches
present a significantly lower risk than other products containing
button cell or coin batteries. These commenters recommend imposing
different requirements for accessing the battery for products designed
to be opened by consumers versus those intended to be opened only by
professionals. The commenters state that most watches are intended to
be opened by professionals because watches cannot be opened without the
use of special tool that is not commercially available; therefore, the
risk that screws or the battery cover could be lost or discarded by
consumers does not exist.
Moreover, the commenters opine that the NPR's proposed securement
requirements are not feasible for watches because of the limited space
within the product to implement more complex designs. The Switzerland
Federal Department of Economic Affairs, Education and Research
(Switzerland) similarly asks why the NPR does not differentiate the
requirements for the removal or replacement of the button cell or coin
batteries by the consumer themselves from removal by professionals.
Response 14: The NPR proposed that watches would be required to
comply with the requirements of Sec. 1263.3(b) for removable
batteries, which requires (1) twist-on covers with minimum torque of
0.5 Nm to open and a minimum angle of rotation of 90[deg], or (2)
fasteners must engage a minimum of two full threads and be held captive
to the closure. We agree, however, with the commenters that products
containing button cell or coin batteries that require a special tool to
access, and can only be replaced by professionals, should have
different requirements for battery accessibility than products with
consumer-replaceable batteries. In particular, because the risk of
discarding or losing an enclosure screw is low for products intended to
only be opened by professionals, it is not reasonably necessary to
impose a captive screw/fastener requirement for such products to reduce
the risk of injury to young children.
Unlike the NPR, UL 4200A-2023 contains different requirements for
products with battery compartments only intended to be opened by a
professional service center where children are not present. As
explained in section II.A of this preamble, CPSC interprets UL 4200A-
2023 consistent with its purpose, so that battery compartments intended
to only be opened by a professional service center must have both
appropriate labeling and inability for the battery compartment to be
opened using a common household tool, such as a straight-blade
screwdriver, a Phillips screwdriver, pliers, or a coin. Battery
compartments that cannot be opened with a common household tool and
have warnings stating that the battery is not to be replaced by the
consumer are less likely to be opened by a consumer, and therefore do
not need to have captive screws to address the ingestion hazard. At the
same time, products intended to be opened only by professionals can be
opened through reasonable, foreseeable use and abuse, exposing the
button cell or coin battery. Accordingly, UL 4200A-2023 reasonably
requires use and abuse testing for these products, to reduce the risk
of children under six years old accessing a battery from a battery
compartment.
Comment 15: JEITA requests an exemption from the scope of the rule
implementing Reese's Law for products that use button cell or coin
batteries that are not intended to be replaced by the user or cannot be
removed (i.e., user-inaccessible). JEITA notes that IEC 62368-1 does
not apply tests and warning label requirements if button cell or coin
batteries cannot be removed because such products do not present a
battery ingestion risk.
[[Page 65284]]
Response 15: Reese's Law defines ``consumer products containing
button cell or coin batteries'' as ``a consumer product containing or
designed to use one or more button cell or coin batteries, regardless
of whether such batteries are intended to be replaced by the consumer
or are included with the product or sold separately.'' Notes to 15
U.S.C. 2056e. Therefore, the Commission's implementing rule must
address batteries that are not intended for consumer replacement.
Moreover, we disagree with JEITA that all products containing button
cell or coin batteries that are not intended to be replaced are
adequately safe under Reese's Law. Consumer products may experience use
and abuse during the product's life that may result in batteries
becoming dislodged or otherwise accessible to children, even if the
batteries are not intended to be user replaceable. For example,
incident narratives collected by CPSC describe products without
replaceable batteries that fall apart when dropped. See Footnote 1 in
Tab A of Staff's Final Rule Briefing Package.
Comment 16: Two commenters (CTA and ITI) recommend that a drop test
with three repetitions is adequate for some products. While the
commenters state that they agree that ten total drops, as proposed in
the NPR, are appropriate for hand-held products such as remote
controls, they recommend that three drops are adequate for other
portable products such as equipment that is transportable but not
intended to be held in hand while in use.
Response 16: As explained in section II.B. above, we agree that
requiring ten drops for all consumer products is not reasonably
necessary to reduce the risk of button battery access to children. UL
4200A-2023 requires a different number of repetitions for the drop
test, based on whether a product is considered ``hand-held'' or
``portable.'' Per UL 4200A-2023's drop test requirements, portable
products are dropped three times and hand-held products are dropped ten
times. The Commission finds that the approach taken in UL 4200A-2023 is
reasonable and adequately protective under Reese's Law.
Comments in Response to Questions on Marking and Labeling Requirements
K. Whether staff's assessment [in section V.F of the NPR preamble]
that virtually all consumer products can accommodate either the full
warning or one of the scaled icons is accurate.
Comment 17: Four commenters (The Toy Association, CTA, ITI, and
RILA) do not support on-product warning labels, citing limitations due
to small product size. Other concerns presented by commenters pertain
to textured surfaces, product material, or unspecified ``other''
limitations. The Toy Association asserts that labeling requirements
will add significant costs in terms of timing, tooling, and molding.
Four commenters (JEITA, CTA, Household & Commercial Products
Association (HCPA), and ITI) request exemptions from on-product
labeling where button cell or coin batteries are not accessible and not
intended to be replaced by the consumer.
Response 17: Reese's Law requires that, where practicable, warning
labels be placed directly on a consumer product in a manner that is
visible to the consumer upon installation or replacement of the
battery. Even for products with non-replaceable batteries, Reese's Law
requires warning labels to be placed in a manner that is visible upon
access to the battery compartment, where practicable. As summarized in
Table 1b above, UL 4200A-2023 satisfies Reese's Law's requirements for
warning labels on consumer products and consumer product packaging.
L. Whether the internationally recognized safety alert symbol, as
shown in yellow color, indicating the presence of a button cell or coin
battery, should be required on all consumer products containing such
batteries.
Comment 18: A coalition of medical and consumer organizations,
RILA, and Landsdowne Labs support on-products alert symbols as some
consumers are not aware that the product uses a button cell or coin
battery. JEITA and ITI propose products that do not have user
accessible batteries be exempt from requiring an alert. Garmin does not
support the use of a color for alert symbol on the product.
Response 18: Reese's Law requires products containing button cell
or coin batteries not intended for consumer replacement to have a
warning label on the consumer product in a manner that is visible to
the consumer upon access to the battery ``as practicable.'' 15 U.S.C.
2056e(a)(2)(C)(ii). If it is impracticable to label the product, this
information must be placed on the packaging or instructions. Id.
Section 7 of UL 4200A-2023 meets these requirements. The Commission's
NPR proposed an alternative to the on-product warning label to increase
the visibility that a product contains a button cell or coin battery
and likelihood for all products to feature an alert where it otherwise
may not be practicable. However, based on the comments, the proposed
yellow color may not be clear or appropriate in all cases. Section 7B
of UL 4200A-2023 does not require use of the yellow color unless the
label already uses more than one color.
Comments in Response to Questions on Other Topics Posed in the NPR
M. Whether a later or an earlier effective date would be
appropriate to comply with the proposed requirements and to provide
specific information to support such a later or an earlier effective
date.
Comment 19: Commenters differed in their recommendations for an
effective date for a final rule of the Commission, from the proposed
180 days (consumer advocates) to up to 3 years (manufacturer
associations). A few commenters provided detailed timelines of the
necessary activities (product redesign, testing, certification
sourcing, supply chain management, etc.) which ranged from 12 months to
36 months in total. A commenter also contended that additional time is
required to accredit third party laboratories for a large variety of
product types. Energizer and NEMA request that battery manufacturers be
allowed to sell through their existing stocks of child-resistant
packaging and labels that were purchased to comply with section 3 of
Reese's Law.
Response 19: Because the Commission determines that UL 4200A-2023,
which is currently effective as a voluntary standard, meets the
performance and labeling requirements in section 2(a) of Reese's Law
with regard to consumer products containing button cell and coin
batteries, section 2(e) of Reese's Law states that UL 4200A-2023 is
treated as a consumer product safety rule as of the date of the
Commission's determination. 15 U.S.C. 2056e(d) and (e). However,
because the Commission is codifying its incorporation of UL 4200A-2023
in the Code of Federal Regulations, the DFR provides a 30-day effective
date for that new rule. As noted, moreover, the Commission is granting
a 180-day transitional period of enforcement discretion.
N. In the initial regulatory flexibility analysis (IRFA), the
number of small firms impacted and expected cost impact on small firms
(as a percentage of annual revenue) of the proposed rule.
Comment 20: One firm commented that staff's estimate of a testing
cost of $150 to $350 is too low and that a quote received by the firm
to perform similar tests exceeded staff's estimate by more than $1,650
per sample tested. The firm stated this would pose a substantial burden
to the firm as they do not possess the necessary skill set or expertise
to mitigate these costs by
[[Page 65285]]
developing a reasonable testing program in lieu of performing third
party testing.
Response 20: The Commission's determination regarding UL 4200A-2023
is not required to be done through notice and comment rulemaking, and
thus we have no requirement to provide a final regulatory flexibility
analysis (FRFA) for this DFR. Nevertheless, staff collected an
additional price quotation from an accredited test laboratory and
revised the estimated testing cost from $150 to $350 per sample to $150
to $460 per sample, as presented in Tab F of Staff's Final Rule
Briefing Package. Staff's revised estimate is lower than the estimate
provided by the commenter, which we do not find credible as a
representative cost.
Comment 21: One firm (Nite Ize) commented that CPSC failed to
account for potential costs related to patent filing and enforcement.
The firm expressed concern that current product patents for novel
product lines would need new filings to provide robust intellectual
property protection.
Response 21: CPSC has not been provided with sufficient information
to assess whether current consumer product patents would lose any or
all value due to the implementation of Reese's Law, or whether a new
patent filing would be required to legally enforce intellectual
property rights. We note, however, that a new patent filing could
provide a longer period of protection, which could mitigate any loss in
the value of prior patents.
Comment 22: Nite Ize and the Toy Association state that the IRFA's
cost per product line estimates for research, development, and
retooling are too low as CPSC failed to account for product lines that
require unique solutions.
Response 22: While a FRFA is not required, commenters do not
provide specific alternative cost estimates or justification of their
view.
Comments Addressing Other Issues
O. International regulations.
Comment 23: Garmin and RILA support harmonization with Australia's
regulations addressing performance and labeling requirements for
products containing button cell or coin batteries.
Response 23: Reese's Law requires the Commission to promulgate a
rule that contains a performance standard that will eliminate or
adequately reduce the risk of injury from button cell or coin battery
ingestion and warning labels. Reese's Law allows the Commission to rely
on a voluntary standard if it determines that a voluntary standard
would meet the performance and labeling requirements for a standard
issued under section 2(a) of Reese's Law. 15 U.S.C. 2056e(d)(1). The
Australia regulation is not a voluntary standard. However, for the NPR,
CPSC staff reviewed the voluntary standards referenced by the
Australian regulation, and the Commission preliminarily determined that
none of those standards met the requirements of Reese's Law. Tabs D and
E of Staff's Final Rule Briefing Package, and section II of this
preamble, contain updated assessments of the voluntary standards,
including UL 4200A-2023, which is adequate to meet the performance and
labeling requirements in section 2(a) of Reese's Law.
P. Silver-oxide battery chemistries.
Comment 24: CPHE, FH, AWA, and Renata SA state that silver-oxide
button cell and coin batteries should be excluded from a Commission
rule implementing Reese's Law because of a lack of fatal incident data
with these batteries and children's inability to access these batteries
in watches. Duracell states that silver-oxide batteries should contain
different warnings than lithium batteries because they are lower
voltage. Switzerland asks whether silver oxide batteries could be
excluded from the rule.
Response 24: As reviewed in Tab C of Staff's Final Rule Briefing
Package, Jatana et. al. (2017) found in testing using an animal model
that silver-oxide button or coin cell batteries caused severe
esophageal injuries. Based on the medical literature, staff does not
recommend excepting silver-oxide batteries from the scope of the final
rule, and UL 4200A-2023 does not contain such an exception.
Q. Firearm accessories and other household products containing
button cell or coin batteries.
Comment 25: Bushnell states that firearm accessories appear to be
subject to the proposed requirements, and that the firearm itself is
intended to act as the battery door or cover for these products.
Response 25: Modular consumer products or component parts of
consumer products containing button cell or coin batteries, like the
firearm accessories described by the commenter, must meet the same
requirements as other consumer products, independent of their intended
use. Modular consumer products can be attached to or installed by a
consumer on other products to change the host product's design or
capabilities. A modular consumer product, however, could foreseeably
remain unattached from the product(s) it is designed to complement. To
eliminate or adequately reduce the risk of injury from battery
ingestion, these products must independently meet the performance
requirements in the final rule, to prevent unintended access to button
cell or coin batteries by children.
Comment 26: A consumer safety consultant (Mary Toro) and RILA state
that some products containing button cell or coin batteries are made of
fragile materials (such as glass or ceramic materials) that are likely
to break during the proposed testing protocol. RILA states that the
testing proposed in the NPR is not appropriate for these products, and
that alternative test methods should be allowed for such products.
Response 26: The performance requirements in UL 4200A-2023 are
likely to cause products made of materials like glass or ceramic to
break. Because it is also reasonably foreseeable that a glass or
ceramic product may break if knocked to the ground or dropped, which
could make accessible to a child a button cell or coin battery
contained inside, the button cell or coin battery could be further
contained in a battery compartment that meets the requirements of the
final rule. The manufacturer can test its product to ensure the product
meets the requirements of the final rule, or use in its product a
battery compartment that has already been tested or certified to the
requirements, as allowed by 16 CFR part 1109.
R. ``Try Me'' buttons.
Comment 27: A consumer asks for clarification whether ``Try Me''
buttons containing button cell or coin batteries, that are used only in
stores and not intended for sale, are within the scope of the final
rule. UL Solutions states that products can incorporate ``Try Me''
buttons in retail displays or as part of product packaging, and their
disposal should be addressed.
Response 27: ``Try Me'' buttons are within the scope of the final
rule because they are consumer products that are used by consumers.
Purchase of a product is unnecessary to be considered a ``consumer
product'' under CPSC's jurisdiction. 15 U.S.C. 2052(a)(5) (stating,
inter alia, that a consumer product is for ``the personal use,
consumption or enjoyment of a consumer in or around a permanent or
temporary household or residence, a school, in recreation, or
otherwise.''). Consumers, including children, are subject to hazards
associated with ``Try Me'' buttons. ``Try Me'' buttons may experience
drops, impacts, and other patterns of use and abuse similar to any
other product within the scope of the final rule and are therefore
subject to the rule. In fact, CPSC is aware of at least
[[Page 65286]]
one incident involving a coin battery from a ``Try Me'' button.\12\
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\12\ See Footnote 6 in Tab A of the Staff's Final Rule Briefing
Package.
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S. Use of color in the requirements for marking and labeling.
Comment 28: Several commenters (JEITA, Duracell, Garmin, HCPA, and
CTA) state that the use of color on packing, instructions, or manuals,
and on some consumer products, would be challenging and add costs to
the manufacturing and printing process, particularly for those
materials that do not already incorporate color. Duracell and Technet
also stress that various product safety standards (e.g., ASTM F963,
ANSI C18.3, or ANSI Z535 series) do not mandate the use of colors and
accept black and white printing or contrasting colors to the
background. Commenters state, however, that if color is used for the
signal panel, then colors should conform to ANSI Z535.1 safety colors
that correspond to the safety message. The Toy Association and RILA
state that the use of color may not be reasonable to print on certain
product materials, for example, colored or textured plastics.
Response 28: Applying color to some materials (e.g., consumer
product packaging, manuals, or other collateral material) that do not
already contain color may present a burden to some manufacturers. UL
4200A-2023 requires the use of color when the subject materials already
use printed color processing; otherwise, the use of black and white or
contrasting colors is acceptable. The use of color is not specified in
Reese's Law; thus this variation from the NPR does not conflict with
the statute and is safety neutral because the label or icon will
visually align with other information on the display while ensuring
that it is noticeable due to its contrast or color.
T. Text size, icons, and alternative symbols for marking and
labeling.
Comment 29: Renata Batteries, ITI, The Toy Association, RILA, BAJ,
and Duracell express cost concerns with increased packaging sizes
required to accommodate larger warning labels and font sizes,
especially for small products. Another commenter states that the
minimum letter size requirements for packaging warnings may make other
warnings on product packaging less prominent.
Response 29: The NPR proposed that font size requirements for both
on-product and on-packaging warning labels be determined based on the
size of the principal display panel (generally the front face) of the
package or the product display panel (such as the surface area on,
near, or in the battery compartment). Reese's Law requires that warning
labels clearly identify the hazard of ingestion, and this requirement
is met when warning labels are displayed prominently on the principal
display panel. For very large products or packages with principal
display panels exceeding 400 inch\2\, the required letter size could be
larger than standard font sizes usually referenced in other standards.
UL 4200A-2023 contains the same size requirements set forth in the
NPR. The minimum letter size is comparable to font sizes in other
standards, and therefore of similar prominence when displayed on the
same panel. The largest packaging will have ample room for additional
warnings that are of comparable size to the requirements in the NPR.
This level of prominence is appropriate to inform consumers which
products contain button cell or coin batteries and to adequately reduce
the risk of injury from ingestion.
Comment 30: A consumer (Fo Xu) asks how to determine the size of
the text for consumer products and its packaging and whether it is
acceptable to use smaller size labels on the consumer products.
Energizer requests clarification whether CPSC will identify the surface
size for which the alternative on-product label can be used, or whether
manufacturers can use reasonable judgement.
Response 30: The NPR proposed that consumer products be durably and
indelibly marked with a warning label on the product display panel that
alerts the consumer of the presence of a button cell or coin battery.
``Product display panel'' was defined in proposed Sec. 1263.2(f). The
NPR proposed that text size be determined based on table 1 in the
regulation text, or if on a sticker label, using the minimum size
requirements in Sec. 1263.4(a)(7). UL 4200A-23 incorporates these
requirements from the NPR. The minimum text size is dependent on the
size of the principal display panel or the product display panel.
Manufacturers can use alternative on-product labels in situations where
the full label does not fit in the measured product display panel area,
as described in UL 4200A-2023.
Comment 31: The Toy Association recommends that for consumer
product packaging and instructions, the ``Keep Out of Reach'' icon be
changed to the safety alert symbol for coin batteries because the
intent of the icon is not to keep the consumer product away from
children.
Response 31: We agree with the commenter. Some products that
contain button cell or coin batteries are intended for use by children,
so using the ``Keep Out of Reach'' icon on those products may confuse
consumers by appearing to instruct caregivers to keep the product,
rather than the battery, away from children. To prevent consumer
confusion, UL 4200A-2023 provides the option of replacing the ``Keep
Out of Reach'' icon on consumer product packaging, as well as
instructions, with the safety alert symbol to indicate ``Warning:
Contains Coin Battery.'' Accordingly, manufacturers will have a choice
based on the product's intended user. See Tab D of Staff's Final Rule
Briefing Package for a more detailed discussion of this issue.
Comment 32: CTA states that in the NPR the proposed symbol for
``Warning: Contains Coin Battery'' has a different aspect ratio and is
rotated farther than the internationally accepted symbols for coin and
button cell batteries and that the symbol should match internationally
recognized symbols.
Response 32: While UL 4200A-2023 includes the icon from the NPR,
the button cell or coin battery portion of the symbol can be replaced
with other internationally recognized symbols in ISO 7000-W0001 and IEC
60417-6367, to have consistency.
U. Tolerances for values specified in the proposed rule.
Comment 33: ITI comments that the proposed rule did not include
tolerances for its specified values and opines that the purpose of
tolerances is to give reasonable allowances (e.g., manufacturability
and testability) that will not have a significant impact on test
results. The commenter contends that eliminating tolerances could force
unnecessary retesting or could make it impractical to apply the test
without custom test equipment. ITI recommends including tolerances in
the rule that align with voluntary standards.
Response 33: Because the Commission is incorporating by reference
UL 4200A-2023 as the mandatory standard, tolerances as stated in the UL
standard are included in the final rule.
V. Warning label permanency.
Comment 34: RILA states that the permanency requirement for warning
labels in the NPR is unclear. One commenter recommends on-product
permanency be tested in accordance with the test requirements in UL
62368-1, section F.3.9.
Response 34: We agree with the commenter that on-product warning
label permanence should comply with the test requirements in UL 62368-
1: F.3.9. This test evaluates the legibility of printed or screened
markings and
[[Page 65287]]
ensures adhesive labels cannot be easily removeable by hand. Section 7D
of UL 4200A-2023 includes requirements for label permanence. All
warning statements or icons shall be prominent, legible, easily
discernable under normal lighting conditions, and permanently marked;
and printed and screened markings are tested in accordance with the
label permanency test method adapted from UL 62368-1, section F.3.10
(consistent with the requirements in UL 62368-1: F.3.9).
W. CPSC's statutory authority.
Comment 35: The AWA filed a late comment stating that certain parts
of the NPR's proposed rule relating to securement of battery
compartments constitute design or construction standards, which are not
allowed by the CPSA or Reese's Law.
Response 35: To meet the performance requirements in UL 4200A-2023
for securement of battery compartments, manufacturers may choose to use
either any type of fastener that requires a tool of the manufacturers'
choice, or a multi-action locking mechanism. The market already employs
many different battery compartment enclosure designs that depend on the
size, shape, and materials of the consumer product. For example, remote
controls include battery compartments that are either secured with
screws or that slide out of the base (and typically require two
independent and simultaneous actions to do so); many garage door
openers require a tool to open but do not use screws or twist-on access
covers; and battery compartments in light-up clothing are frequently
stitched into the clothing.
Additionally, the UL 4200A-2023 performance requirements specify
that battery compartments for replaceable batteries using screws or
fasteners are to remain captive to the battery compartment door, cover,
or closure when loosened. These performance requirements do not specify
how the manufacturer must design the battery compartment to ensure the
screw or fastener remains captive. Many possible solutions exist,
including a retaining washer, a press fit cap, a tether, or other
means.
X. Product categories.
Comment 36: In response to the April 11, 2023 Federal Register
notice requesting comment on the Paperwork Reduction Act (PRA) burden
associated with non-children's products subject to the proposed rule
(88 FR 21652), the China National Center of Standards Evaluation and
P.R. China suggest that products be categorized by risk level depending
on how frequently a child comes into contact with the products, and
that CPSC should develop a list of products to which the regulation
applies.
Response 36: Although this comment was filed in response to the PRA
notice, the comment is about the substance of the rule. The commenters'
suggestion to broadly qualify implementation of Reese's Law is contrary
to the requirements of the statute, which requires CPSC to promulgate a
rule or identify a voluntary standard, with performance and labeling
requirements, for all consumer products that contain or are designed to
use button cell or coin batteries. The rule or voluntary standard must
eliminate or adequately reduces the risk of ingestion to children six
years old or younger during foreseeable use and misuse conditions.
Accordingly, the Commission will not adopt the commenters' suggestion
to exclude from the Commission's implementation of Reese's Law a
potentially large number of consumer products that are covered by the
law and present at least some degree of ingestion hazard.
Y. Toy products.
Comment 37: In response to the April 11, 2023, Federal Register
notice requesting comment on the PRA burden associated with non-
children's products subject to the proposed rule (88 FR 21652),
Switzerland asks why products containing button cell or coin batteries
that are subject to Reese's Law must fulfill more stringent
requirements than those imposed for toys that are compliant with the
toy standard of ASTM F963, as incorporated by reference in 16 CFR part
1250.
Response 37: Although this comment was filed in response to the PRA
notice, the comment is about the substance of the rule and not about
the paperwork burden. Section 4 of Reese's Law, Notes to 15 U.S.C.
2056e, specifically exempts ``any toy product that is in compliance
with the battery accessibility and labeling requirements'' of 16 CFR
part 1250. Accordingly, toy products are not within the scope of the
rule and are already covered by the existing toy standard. However, we
agree with the commenter that the requirements for children's and non-
children's products that contain button cell or coin batteries that are
subject to this final rule are more stringent than those imposed for
toys. On March 20, 2023, CPSC staff sent a letter to the ASTM F15.22
toy subcommittee requesting that the subcommittee consider changes to
ASTM F963 which would adequately address incidents and hazards
involving toys.\13\
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\13\ Staff's letter to the ASTM F15.22 subcommittee can be found
here: https://www.cpsc.gov/s3fs-public/Letter-to-ASTM-F15-22-Reeses-Law-NPR-230320.pdf?VersionId=6ZGPs5nSLhBGlFdoz1IWHF1wo.oOgarH.
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Comments Addressing the PRA
Z. The accuracy of CPSC's estimate of the burden of the proposed
collection of information.
Comment 38: ITI, CTA, JEITA, AWA, and RILA believe that the CPSC
underestimated the burden of the collection of information proposed in
the NPR. ITI believes that the labor rates used may under-represent the
burden cost. ITI and RILA request that CPSC provide additional detail
on how the PRA burden estimates were derived. While CTA indicates that
it is standard practice within the technology sector to include
warnings on product labels, the labeling is different enough to warrant
additional hourly PRA burden associated with labeling. Relatedly, ITI
suggests that product labeling should not be considered ``usual and
customary'' and is within the definition of ``PRA burden.''
ITI indicates that manufacturers may have more than two product
families and therefore the estimate of 15,363 firms with 2 products
each understates the number of unique non-children's products
containing coin/button cells on the U.S. market.
Response 38: Based upon the comments received, CPSC is adjusting
its burden estimates upward, as shown in Table 6 in this preamble.
Additionally, CPSC adopts a higher wage rate to represent total
compensation costs for private industry workers in goods producing
industries. We provide the substance of this revised PRA burden
estimate in section X of this preamble.
AA. Ways to reduce the burden of the collection of information on
respondents, including the use of automated collection techniques when
appropriate, and other forms of information technology.
Comment 39: JEITA notes that the final rule would impose
requirements different from those of international standards, and that
this will burden manufacturers as labeling and testing for products
intended for use in the United States would need to be completed
separately from labeling and testing for other markets.
Response 39: Burdens and potential efficiencies associated with
testing to international standards, in addition to CPSC standards, are
outside the scope of
[[Page 65288]]
PRA burden estimates for the proposed rule.
BB. The estimated burden hours associated with labels and hang
tags, including any alternative estimates.
Comment 40: ITI, CTA, JEITA, and AWA provide estimates of hourly
burden for various industry sectors. See Tab A, Issue 36, in Staff's
Final Rule Briefing Package. CPSC did not receive any detailed
estimates on the total number of respondents to which this collection
would apply, but data provided by various commenters on the number of
firms to which the collection would apply imply that CPSC has likely
overestimated the number of respondents. Commenters provided
alternative estimates for the frequency of response based upon the
number of product families to which the rule might apply. However,
these estimates were not provided at the establishment level and are
therefore difficult to compare to CPSC estimates, which are based on
U.S. Census Bureau establishment data.
Response 40: Although burdens will vary for different industry
sectors and by product as pointed out by commenters, the estimates
provided by commenters generally support the Commission's average
burden calculations. CPSC assumes, moreover, that industry sectors
responding to the public notice likely will experience comparatively
large impacts from implementation of Reese's Law.
CC. The estimated respondent cost other than burden hour cost.
Comment 41: JEITA believe that the cost of test samples should be
included in the estimated respondent cost.
Response 41: According to guidance provided by the Office of
Management and Budget (OMB) and General Services Administration (GSA),
the burdens calculated under the PRA typically do not include
estimating the cost of test samples. See https://pra.digital.gov/about/.
Comments Addressing Out-of-Scope Issues
Tab A of Staff's Final Rule Briefing Package discusses comments
received on topics that are out of scope for this rulemaking.
IV. Commission Determination Regarding UL4200A-2023 and Description of
the Final Rule's Requirements
After consideration of the public comments summarized in section
III of this preamble and Staff's Final Rule Briefing Package, and for
the reasons given in this Federal Register notice, the Commission
determines that UL 4200A-2023 meets the performance and labeling
requirements in section 2(a) of Reese's Law for consumer products that
contain button cell or coin batteries. 15 U.S.C. 2056e(d)(1). The
Commission does not make this determination with respect to the
labeling of battery packaging, because UL 4200A-2023 does not address
the labeling of battery packaging. Pursuant to section 2(e) of Reese's
Law, UL 4200A-2023 is a consumer product safety rule on the date the
Commission makes this determination, September 8, 2023. However,
because the Commission is codifying the requirements in the Code of
Federal Regulations, for purposes of the direct final rule, the rule is
effective 30 days after publication in the Federal Register.
Furthermore, in recognition of the potential hardship resulting from
immediate effectiveness of UL 4200A-23 as a mandatory standard in
accordance with Reese's Law, the Commission is granting a 180-day
transitional period of enforcement discretion.
Table 3 summarizes the performance requirements in UL 4200A-2023
applicable to consumer products with battery compartments for
replaceable button cell or coin batteries, and Table 4 summarizes the
standard's performance requirements applicable to consumer products
with battery compartments for non-replaceable button cell or coin
batteries.
Table 3--Summary of Performance Requirements in UL 4200A-2023 for
Consumer Products With Battery Compartments for Replaceable Button Cell
or Coin Batteries
------------------------------------------------------------------------
------------------------------------------------------------------------
Button cell or coin batteries must not become accessible or liberated
when tested to these requirements:
------------------------------------------------------------------------
Performance Requirements for Battery Compartment Securement (UL Section
5.2-5.6)
------------------------------------------------------------------------
Battery Compartment Securement Option 1: Coin, screwdriver, or
Options (UL Section 5.5-5.6). other tool.
Captive screws.
[cir] Exceptions for products
containing batteries not
intended to be replaced by the
consumer. Such products shall
have instructions and warnings
that clearly state the battery
is not to be replaced by the
consumer.
[cir] Exception 1: Products that
can only be accessed through the
removal of multiple enclosures
or panels using a tool.
[cir] Exception 2: Products that
are only to be opened by a
professional service center
(where children are not
present).
Two threads engaged or
minimum torque + spin angle.
Option 2: At least two independent &
simultaneous hand movements.
Shall not be combinable to
a single movement with a finger or
digit.
Accessibility Test (UL Section 5.3- Open or remove any part of the
5.4). compartment not meeting Option 1 or
Option 2. Apply Tension Test for
Seams from ASTM F963 on pliable
materials, using a force of 70.0 N
(15.7 lbf). Determine whether Test
Probe 11 from IEC 61032 can touch
the battery.
------------------------------------------------------------------------
Preconditioning Requirements (UL Section 6.2)
------------------------------------------------------------------------
Preconditioning in Oven (UL Thermoplastics--7 hours at 158
Section 6.2.1). [deg]F or greater, based on
operational temperature.
Simulated Battery Replacement (UL Open/Close and remove/install
Section 6.2.2). battery 10 times.
------------------------------------------------------------------------
Use and Abuse Tests (UL Section 6.3)
------------------------------------------------------------------------
Drop Test (UL Section 6.3.2)...... Handheld products are 10 drops while
portable products are 3 drops. Each
drop is from 1 m (39.4 in) on
hardwood, in positions likely to
produce maximum force.
Impact Test (UL Section 6.3.3).... 3 impacts on battery compartment
with steel sphere, 2 J (1.5 ft-lbf)
of energy.
Crush Test (UL Section 6.3.4)..... 330 N 5 N (74.2 lbf
1.1 lbf) for 10 s,
using 100 by 250 mm (3.9 by 9.8 in)
flat surface.
[[Page 65289]]
Compression Test (UL Section Test from 16 CFR Part 1250, using a
6.3.4A). force of at least 136 N (30.6 lbf).
Torque Test (UL Section 6.3.4B)... Test from 16 CFR part 1250, using a
torque of at least 0.50 Nm (4.4 in.-
lbf).
Tension Test (UL Section 6.3.4C).. Test from 16 CFR part 1250, using a
force of at least 72.0 N (16.2
lbf).
Probe for Accessibility (UL Apply 50 N to 60 N (11.2 lbf to 13.4
Section 6.3.5). lbf) with Test Probe 11 from IEC
61032 to confirm compliance.
------------------------------------------------------------------------
Table 4--Summary of Performance Requirements in UL 4200A-2023 for
Consumer Products With Battery Compartments for Non-Replaceable Button
Cell or Coin Batteries
------------------------------------------------------------------------
------------------------------------------------------------------------
Products that incorporate button cell or coin batteries that are not
intended for user removal or replacement shall effectively prevent
removal of the battery by the user or children.
------------------------------------------------------------------------
Option 1--Not Accessible (UL Made inaccessible by an
Section 5.7(a)). enclosure that meets the same
applicable preconditioning and use
and abuse test requirements as
battery compartments for
replaceable batteries.
Option 2--May be Accessible (UL Secured with soldering,
Section 5.7(b)). fasteners such as rivets, or
equivalent means.
Confirmed with secureness
test: test hook applies a force of
20 N 2 N (4.5 lbf
0.4 lbf) directed
outwards for 10 s, at all possible
points. Battery cannot liberate
from the product.
------------------------------------------------------------------------
The warning label requirements for consumer products and consumer
product packaging in UL 4200A-2023 are substantively similar to the
warning label requirements in the NPR (88 FR 8706-09), with the
following differences:
Colored markings must comply with the ISO 3864 series of
standards;
Color is required only when the markings are printed on a
label using more than one color;
Manufacturers may choose to use either the ``Keep Out of
Reach of Children'' icon or the ``Warning: Contains Coin Battery'' icon
on the consumer product packaging label;
Permanence of markings is tested consistent with the
requirements in UL 62368-1, section F.3.9;
Inclusion of an additional warning statement in
instructions and manuals to ``Always completely secure the battery
compartment. If the battery compartment does not close securely, stop
using the product, remove the batteries, and keep it away from
children.''
Removal of requirements for battery package warnings
because they are being finalized in a separate final rule, and removal
of certain performance and technical data requirements proposed under
section 27(e) of the CPSA, which are not being finalized at this time.
In the following discussion, we provide a section-by-section
summary of the final rule.
A. Section 1263.1 Scope, Purpose, Effective Date, and Exemption
Final rule Sec. 1263.1(a) explains the scope and purpose of the
safety standard required by Reese's Law, as proposed in the NPR, with
two modifications: the removal of the provision for units, which is
addressed instead in UL 4200A-2023, and removal of the provision for
battery package labeling, which is addressed in a separate final rule.
15 U.S.C 2056e, Public Law 117-171. Based on section 2 of Reese's Law,
the scope of the final rule includes consumer products containing
button cell or coin batteries, including the packaging of such consumer
products and accompanying literature.
Section 1.3 of UL 4200A-2023 provides the scope of the voluntary
standard, stating that the requirements apply to consumer products
containing button batteries or coin cell batteries.\14\ This scope is
consistent with Reese's Law, which defines a ``consumer product
containing button cell or coin batteries'' as ``a consumer product
containing or designed to use one or more button cell or coin
batteries, regardless of whether such batteries are intended to be
replaced by the consumer or are included with the product or sold
separately.'' \15\ This definition includes products that are not sold
with a battery but are designed to use a button cell or coin battery.
---------------------------------------------------------------------------
\14\ Section 1.3 of UL 4200A-2023 also states that the standard
does not include ``products that by virtue of their dedicated
purpose and instructions are not intended to be used in locations
where they may be accessed by children, such as products for
dedicated professional use or commercial use in locations where
children are not normally or typically present.'' The Commission
interprets this exclusion from the scope of the standard consistent
with the Commission's jurisdictional authority in section 3 of the
CPSA. For example, products used solely in professional settings are
within the jurisdiction of the Occupational Safety and Health
Administration. However, consumer products generally available for
use or purchase by consumers are within the Commission's
jurisdiction. 15 U.S.C. 2052(a)(5).
\15\ Notes to 15 U.S.C. 2056e. The term ``consumer product'' has
the same meaning as that in section 3(a) of the Consumer Product
Safety Act (CPSA). 15 U.S.C. 2052(a).
---------------------------------------------------------------------------
Section 1263.1(b) of the final rule establishes the effective date
of the direct final rule. Because the Commission determines that UL
4200A-2023 meets the requirements in section 2(a) of Reese's Law,
section 2(e) of Reese's Law provides that the voluntary standard is
treated as a consumer product safety rule as of the date of the
Commission's determination. However, for the direct final rule, the
effective date is 30 days after publication, as explained in section
VII of this preamble. Consistent with section 6 of Reese's Law (Notes
to 15 U.S.C. 2056e), the rule requires that all consumer products and
packaging containing button cell or coin batteries that are subject to
the final rule, and that are manufactured or imported 30 days after
publication of the final rule in the Federal Register, must comply with
the requirements of this part. The Commission is granting a 180-day
transitional period of enforcement discretion, to begin September 21,
2023.
Final rule Sec. 1263.1(c) describes the exemption in Reese's Law
for toy products that meet ASTM F963, as incorporated into 16 CFR part
1250. UL 4200A-2023 excludes the same products from its scope.
Final rule Sec. 1263.1(d) retains the exception for button cell
and coin batteries that do not pose an ingestion hazard as proposed,
meaning zinc-air batteries. This exception is also stated in UL 4200A-
2023.
B. Section 1263.2 Definitions
Final rule Sec. 1263.2 provides applicable definitions as proposed
in the NPR, explaining that the definitions in section 3 of the CPSA
and section 5
[[Page 65290]]
of Reese's Law also apply to this rule. The final rule codifies several
definitions from Reese's Law relevant to requirements for consumer
products containing button cell or coin batteries, such as ``button
cell or coin battery'' and ``consumer product containing button cell or
coin battery.'' Definitions related to battery package labeling are
being finalized in a separate final rule.
C. Section 1263.3 Requirements for Consumer Products Containing Button
Cell or Coin Batteries
Final rule Sec. 1263.3 incorporates by reference the requirements
in UL 4200A-2023, approved on August 30, 2023, as the mandatory
standard for performance and labeling of consumer products containing
button cell or coin batteries. Sections 5 and 6 of UL 4200A-2023
contain performance requirements, and labeling requirements are in
sections 7 and 8 of UL 4200A-2023. Tabs D and E of Staff's Final Rule
Briefing Package, and Tables 3 and 4 in this preamble, describe the
performance and labeling requirements in UL 4200A-2023 that are
incorporated by reference.
V. Testing, Certification, and Notice of Requirements
Section 14(a) of the CPSA includes requirements for certifying that
consumer products comply with applicable mandatory standards. 15 U.S.C.
2063(a). Section 14(a)(1) addresses required certifications for non-
children's products, and sections 14(a)(2) and (a)(3) address
certification requirements specific to children's products.
Non-Children's Products. Section 14(a)(1) of the CPSA requires
every manufacturer (which includes importers per 15 U.S.C. 2052(a)(11))
of a non-children's product that is subject to a consumer product
safety rule under the CPSA or a similar rule, ban, standard, or
regulation under any other law enforced by the Commission to certify
that the product complies with all applicable CSPSC-enforced
requirements. 15 U.S.C. 2063(a)(1). Section 14(g) of the CPSA contains
content and availability requirements for certificates. 15 U.S.C.
2063(g).
Children's Products. A ``children's product'' is a consumer product
that is ``designed or intended primarily for children 12 years of age
or younger.'' 15 U.S.C. 2052(a)(2). Section 4 of Reese's Law
specifically exempts from the performance and labeling requirements in
section 2 of the law, any toy product that is in compliance with the
battery accessibility and labeling requirements in 16 CFR part 1250,
the mandatory toy standard. However, all non-toy children's products
that contain button cell or coin batteries are subject to the final
rule and must be tested by a CPSC-accepted third party laboratory and
certified as compliant.
The following factors are relevant when determining whether a
product is a children's product:
manufacturer statements about the intended use of the
product, including a label on the product if such statement is
reasonable;
whether the product is represented in its packaging,
display, promotion, or advertising as appropriate for use by children
12 years of age or younger;
whether the product is commonly recognized by consumers as
being intended for use by a child 12 years of age or younger; and
the Age Determination Guidelines issued by CPSC staff in
January 2020, and any successor to such guidelines.
Id. ``For use'' by children 12 years and younger generally means
that children will interact physically with the product based on
reasonably foreseeable use. 16 CFR 1200.2(a)(2). Children's products,
for example, may be decorated or embellished with a childish theme, be
sized for children, or be marketed to appeal primarily to children. Id.
Sec. 1200.2(d)(1).
Section 14(a)(2) of the CPSA requires the manufacturer or private
labeler of a children's product that is subject to a children's product
safety rule to certify, based on a third party conformity assessment
body's testing, that the product complies with the applicable
children's product safety rule. 15 U.S.C. 2063(a)(2). The Commission's
requirements for children's product testing and certification are
codified in 16 CFR part 1107. Section 14(a) of the CPSA also requires
the Commission to publish a notice of requirements (NOR) for a third
party conformity assessment body (i.e., testing laboratory) to obtain
accreditation to assess conformity with a children's product safety
rule. 15 U.S.C. 2063(a)(3)(A). Because some consumer products that
contain button cell or coin batteries are children's products, the
direct final rule incorporating by reference UL 4200A-2023 is a
children's product safety rule, as applied to those products.
The Commission published a final rule, codified at 16 CFR part
1112, entitled Requirements Pertaining to Third Party Conformity
Assessment Bodies, that established requirements and criteria
concerning testing laboratories. 78 FR 15836 (Mar. 12, 2013). Part 1112
includes procedures for CPSC to accept a testing laboratory's
accreditation and lists the children's product safety rules for which
CPSC has published NORs. When CPSC issues a new NOR, it must amend part
1112 to include that NOR. CPSC did not receive any comments regarding
the proposed NOR. Accordingly, this DFR amends part 1112, as proposed,
to add the ``Safety Standard for Button Cell or Coin Batteries and
Consumer Products Containing Such Batteries'' to the list of children's
product safety rules for which CPSC has issued an NOR.
Testing laboratories that apply for CPSC acceptance to test whether
children's products containing button cell or coin batteries comply
with the new rule will have to meet the requirements in part 1112. When
a laboratory meets the requirements of a CPSC-accepted third party
conformity assessment body, the laboratory can apply to CPSC to include
16 CFR part 1263, Safety Standard for Button Cell or Coin Batteries and
Consumer Products Containing Such Batteries, in the laboratory's scope
of accreditation of CPSC safety rules listed on the CPSC website at:
www.cpsc.gov/labsearch.
VI. Incorporation by Reference
Section 1263.3 of the direct final rule incorporates by reference
UL 4200A-2023. In accordance with regulations of the Office of the
Federal Register (OFR), 1 CFR 51.5(b), section IV of this preamble,
Commission Determination Regarding UL4200A-2023 and Description of the
Final Rule's Requirements, summarizes the provisions of UL 4200A-2023
that the Commission incorporates by reference into 16 CFR part 1263.
The standard is reasonably available to interested parties in several
ways. You may purchase a copy from Underwriters Laboratories, Inc (UL),
333 Pfingsten Road, Northbrook, IL 60062, or through UL's website:
www.UL.com. Before incorporation by reference, a read-only copy of UL
4200A-2023 is available for viewing on UL's website at: https://www.shopulstandards.com/. After CPSC incorporates the UL standard, a
free, read-only copy is also available at: https://www.ulstandards.com/IBR/logon.aspx. Finally, interested parties can schedule an appointment
to inspect a copy of the standard at CPSC's Office of the Secretary,
U.S. Consumer Product Safety Commission, 4330 East West Highway,
Bethesda, MD 20814, telephone: 301-504-7479; email: [email protected].
VII. Direct Final Rule Process and Effective Dates
The Commission is issuing this rule as a direct final rule.
Although the Administrative Procedure Act (APA; 5
[[Page 65291]]
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.'' Id. 553(b)(B).
Reese's Law states that if the Commission determines that an
already-effective voluntary standard meets the requirements in section
2(a) of Reese's Law before promulgating a final rule implementing those
same requirements, then the voluntary standard shall be treated as a
consumer product safety rule promulgated under section 9 of the CPSA
(15 U.S.C. 2058) effective on the date of the Commission's
determination, which must be published in the Federal Register. 15
U.S.C. 2056e(d)-(e).
The purpose of this direct final rule is to codify in the Code of
Federal Regulations the requirements in UL 4200A-2023 as the mandatory
standard as for consumer products containing button cell or coin
batteries, by incorporating by reference UL 4200A-2023. Although the
Commission provided notice and collected comment on similar
requirements in the NPR, Reese's Law does not require a rulemaking if
the Commission makes a favorable determination on a voluntary standard;
therefore, once the Commission makes the determination under section
2(d) with regard to UL 4200A-2023, the voluntary standard is treated as
a consumer product safety rule. Accordingly, additional public comments
would not lead to substantive changes to the direct final rule. Under
these circumstances, notice and comment are unnecessary.
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 that are 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 14 days
of this notification, the direct final rule will become effective 30
days after publication, on October 23, 2023 (subject to a 180-day
transitional period of enforcement discretion). 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 that undermines ``the rule's
underlying premise or approach'' or a showing that the rule ``would be
ineffective or unacceptable without change.'' 60 FR 43108, 43111. As
noted, this rule codifies in the CFR a consumer product safety rule
created by statute now that the Commission has made a determination
under section 2(d) of Reese's Law. 15 U.S.C. 2056e(d).
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.
Section 14(a)(3)(A) of the CPSA, however, requires that
certification to an NOR is not effective until 90 days after
publication of an NOR. 15 U.S.C. 2063(a)(3)(A). Accordingly, to provide
the mandatory period for third party laboratories to become ISO
accredited and CPSC-accepted to perform testing to part 1263, third
party testing and certification of children's products subject to this
rule is not required until on or after December 20, 2023.
VIII. Environmental Considerations
The Commission's regulations address whether the agency is required
to prepare an environmental assessment or an environmental impact
statement. Under these regulations, certain categories of CPSC actions
normally have ``little or no potential for affecting the human
environment'' and therefore do not require an environmental assessment
or an environmental impact statement. 16 CFR 1021.5(c)(1). Safety
standards providing performance and labeling requirements for consumer
products containing button cell or coin batteries fall within this
categorical exclusion.
IX. Regulatory Flexibility Analysis
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 prepare regulatory flexibility analyses. 5 U.S.C. 603,
604. The RFA applies to any rule that is subject to notice and comment
procedures under section 553 of the APA. Id. Although the Commission
prepared an Initial Regulatory Flexibility Act analysis for the NPR to
implement Reese's Law and a Final Regulatory Flexibility Act analysis
(see Tab F of Staff's Final Rule Briefing Package) that provides
information for the public, the Commission's determination under
section 2(d) of Reese's Law, 15 U.S.C. 2056e(d), that UL 4200A-2023
meets the performance and labeling requirements of section 2(a) of
Reese's Law, 15 U.S.C. 2056e(a), does not require notice and comment
rulemaking. Because the Commission has determined that notice and the
opportunity to comment are unnecessary for this DFR to codify UL 4200A-
2023 as the mandatory standard for consumer products containing button
cell or coin batteries, the RFA does not apply with respect to the
subject matter of this rule.
X. Paperwork Reduction Act
This DFR contains information collection requirements that are
subject to public comment and review by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA; 44 U.S.C.
3501-3521). Under the PRA, an agency must publish the following
information:
[ssquf] A title for the collection of information;
[ssquf] A summary of the collection of information;
[ssquf] A brief description of the need for the information and the
proposed use of the information;
[ssquf] A description of the likely respondents and proposed
frequency of response to the collection of information;
[ssquf] An estimate of the burden that will result from the
collection of information; and
[ssquf] Notice that comments may be submitted to OMB.
44 U.S.C. 3507(a)(1)(D). In this DFR, the Commission is amending the
collection of information for children's products to add the burden
associated with performance and labeling requirements of the final
rule, and is establishing an OMB control number for testing,
certification, and paperwork retention requirements for general use,
non-children's products subject to this final rule. The Commission
proposed to amend the children's product collection in the NPR (88 FR
8717), and issued a separate Federal Register notice to collect comment
on the estimated burden for testing and certification of non-children's
products. 88 FR 21652 (April 11, 2023). In accordance with the PRA's
requirements, the Commission provides the following information:
Title: (1) Amendment to Third Party Testing of Children's Products,
approved previously under OMB
[[Page 65292]]
Control No. 3041-0159 and (2) creation of new collection for Testing
and Labeling of Non-Children's Products Containing or Designed to Use
Button Cell or Coin Batteries and Labeling of Button Cell or Coin
Battery Packaging.\16\
---------------------------------------------------------------------------
\16\ The Commission is finalizing requirements for the labeling
of button cell or coin battery packaging in a separate final rule
published elsewhere in this issue of the Federal Register, but for
convenience, consistency with the IRFA, and clarity to stakeholders,
we include the PRA requirements for all non-children's products
subject to performance or labeling requirements for button cell or
coin batteries in this single PRA analysis.
---------------------------------------------------------------------------
Type of Review: Amendment of existing collection for Third Party
Testing of Children's Products, and creation of a new collection of
information for testing and labeling of non-children's products
containing or designed to use button cell or coin batteries and
labeling of button cell or coin battery packaging. Both children's and
non-children's products subject to this rule require: (1) testing of
products containing or designed to use button cell or coin batteries,
including creating a certificate of conformity; however, unlike non-
children's products, children's products require third party testing by
a laboratory whose accreditation has been accepted by CPSC to conduct
such testing; (2) labeling requirements for products and for button
cell or coin battery packaging, including, as applicable, warnings on
battery compartments, product packaging, accompanying written materials
(i.e., instructions, manuals, hangtags, or inserts)); and (3)
recordkeeping requirements.
Summary, Need, and Use of Information: Based on the requirements in
Reese's Law, 15 U.S.C. 2056e(a) and (b), the proposed consumer product
safety standard prescribes performance requirements for child-resistant
battery compartments on consumer products, including children's and
non-children's products, that contain button cell or coin batteries,
and warning requirements for button cell and coin-battery packaging,
consumer product packaging, consumer products, and instructions and
manuals. These performance and labeling requirements are intended to
reduce or eliminate injuries and deaths associated with children six
years old and younger ingesting button cell or coin batteries.
Children's Products: Section 4 of Reese's Law specifically exempts
from the performance and labeling requirements in section 2 of the law,
any toy product \17\ that is in compliance with the battery
accessibility and labeling requirements in 16 CFR part 1250, Safety
Standard Mandating ASTM F963 for Toys. However, some consumer products
that are not toys subject to the toy standard are considered children's
products. A ``children's product'' is a consumer product that is
``designed or intended primarily for children 12 years of age or
younger.'' 15 U.S.C. 2052(a)(2). The Commission's regulation at 16 CFR
part 1200 further interprets the term. Section 14 of the CPSA requires
that children's products be tested by a third party conformity
assessment body, and that the manufacturer of the product, including an
importer, must issue a children's product certificate (CPC). Based on
such third party testing, a manufacturer or importer must attest to
compliance with the applicable consumer product safety rule by issuing
the CPC. The requirement to test and certify children's products falls
within the definition of ``collection of information,'' as defined in
44 U.S.C. 3502(3).
---------------------------------------------------------------------------
\17\ For purposes of Reese's Law, a ``toy product'' is ``any
object designed, manufactured, or marketed as a plaything for
children under 14 years of age.'' Notes to 15 U.S.C. 2056e.
---------------------------------------------------------------------------
The requirements for the CPCs are stated in section 14 of the CPSA,
and in the Commission's regulation at 16 CFR parts 1107 and 1110. Among
other requirements, each certificate must identify: the manufacturer or
private labeler issuing the certificate; any third party conformity
assessment body on whose testing the certificate depends; the date and
place of manufacture; the date and place where the product was tested;
each party's name, full mailing address, and telephone number; and
contact information for the individual responsible for maintaining
records of test results. The certificates must be in English. The
certificates must be furnished to each distributor or retailer of the
product and to the CPSC, if requested.
The Commission has an OMB control number, 3041-0159, for children's
product testing and certification. This final rule would amend this
collection of information to add testing and certification to the
performance requirements for child-resistant battery compartments on
children's products (that are not toys) that contain button cell or
coin batteries, as well as warnings on the packaging of these
children's products, the battery compartment of these children's
products, and any accompanying instructions and manuals, as set forth
in the rule. The Commission did not receive any comment on the NPR's
estimated PRA burden for children's products subject to this rule. The
requirements in UL 4200A-2023 are materially similar to the NPR
requirements and do not change the Commission's PRA burden analysis.
Accordingly, CPSC has submitted the information collection requirements
of this final rule for children's products containing button cell or
coin batteries to OMB for review in accordance with PRA requirements.
44 U.S.C. 3507(d).
Non-Children's Products: This collection of information is solely
for non-children's consumer products, meaning (1) performance and
labeling requirements for products that contain or are designed to use
button cell or coin batteries and are not designed or intended
primarily for children 12 years old or younger, and (2) labeling of
packages containing button cell or coin batteries. 15 U.S.C.
2052(a)(2); 16 CFR part 1200. Section 14(a) of the CPSA requires that
manufacturers (including importers) of non-children's products subject
to a rule issue a general certificate of conformity (GCC).
GCCs certify the products as being compliant with applicable
regulations and must be based on a test of each product or a reasonable
testing program. Unlike children's products, products that have GCCs
are not required to undergo third party testing. Section 14(g) and 16
CFR part 1110 state the requirements for GCCs. Among other
requirements, each certificate must identify: the manufacturer issuing
the certificate; any laboratory conducting testing on which the
certificate depends; the date and place of manufacture; the date and
place where the product was tested; each party's name, full mailing
address, and telephone number; and contact information for the
individual responsible for maintaining records of test results. The
certificates must be in English. The certificates must be furnished to
each distributor or retailer of the product and to the CPSC, if
requested.
CPSC received nine comments in response to the estimated PRA burden
for non-children's products. Based on the comments, CPSC is increasing
the estimated PRA burden as described in this section of the preamble,
and will submit these revised estimates to OMB for review.
Respondents and Frequency: Respondents include manufacturers and
importers of non-toy children's products and non-children's products
that contain, or are designed to use, button cell or coin batteries.
Manufacturers and importers must comply with the information collection
requirements when children's and non-children's products that contain
button cell or coin batteries are manufactured or imported after the
effective date of the rule.
[[Page 65293]]
Estimated Burden: CPSC has estimated the respondent burden in
hours, and the estimated labor costs to the respondent.
Estimate of Respondent Burden for Non-Toy Children's Products: The
hourly reporting burden imposed on firms that manufacture or import
non-toy children's products that contain button cell or coin batteries
include the time and cost to maintain records related to third party
testing, the time to issue a CPC, and the time to include required
warning labels on children's product battery compartments, children's
product packaging, and to update instructions or manuals with required
warnings.
Table 5--Children's Products Estimated Annual Reporting Burden
----------------------------------------------------------------------------------------------------------------
Total annual Length of Annual burden
Burden type responses response (hours)
----------------------------------------------------------------------------------------------------------------
Third-party testing, recordkeeping and record maintenance....... 6,046 5.0 hours 30,230
Certification and labeling...................................... 1,209 1.0 hours 1,209
-----------------------------------------------
Total Burden................................................ .............. .............. 31,439
----------------------------------------------------------------------------------------------------------------
Three types of third party testing of children's products are
required: certification testing, material change testing, and periodic
testing. Manufacturers must conduct sufficient testing to ensure that
they have a high degree of assurance that their children's products
comply with all applicable children's product safety rules before such
products are introduced into commerce. 16 CFR 1107.20(a). If a
manufacturer conducts periodic testing, they are required to keep
records that describe how the samples of periodic testing are selected.
16 CFR 1107.21 and 1107.26.
CPSC estimates that 0.4 percent of all children's products sold
annually, or 6,046 children's products, are children's products that
contain button cell or coin batteries and would be subject to third-
party testing under this rule; for each of which 5.0 hours of
recordkeeping and record maintenance will be required. Thus, the total
hourly burden of the recordkeeping associated with certification is
30,230 hours (5.0 x 6,046). Additionally, battery compartments, product
packaging, and instructions and manuals must be updated to include the
required warnings statements. We estimate that the time required to
make these modifications is about 1 hour per product. Based on an
evaluation of a sample of supplier product lines, there are a total of
1,209 affected products; therefore, the estimated burden associated
with warnings and labeling is 1,209 hours.
We estimate the hourly compensation of workers in industries that
will have PRA-relevant burden imposed by this collection is $36.80
(U.S. Bureau of Labor Statistics, ``Employer Costs for Employee
Compensation,'' Sept. 2022, total compensation for all sales and office
workers in goods-producing private industries: https://www.bls.gov/news.release/archives/ecec_12152022.pdf). Therefore, the estimated
annual cost to industry associated with the collection burden for non-
toy children's products is $1,156,955 ($36.80 per hour x 31,439 hours =
$1,156,955.2). No operating, maintenance, or capital costs are
associated with the collection.
This estimate is the largest burden reasonably possible, assuming
that every manufacturer had to modify three product labels (battery
compartment, packaging, and instructions/manual). However, many non-toy
children's products that contain button cell or coin batteries already
contain some type of warning on the product or product packaging.
Accordingly, product modification for warnings and any associated
burden could be much lower than the estimate.
Under the OMB's regulations (5 CFR 1320.3(b)(2)), the time, effort,
and financial resources necessary to comply with a collection of
information that would be incurred by persons in the ``normal course of
their activities'' are excluded from a burden estimate, where an agency
demonstrates that the disclosure activities required to comply are
``usual and customary.'' To the extent that warning statements on one
or more battery compartments, product packaging, and instructions/
manuals are usual and customary for non-toy children's products that
contain button cell or coin batteries, CPSC can estimate that no burden
hours are associated with the labeling requirements in the proposed
rule. We requested comment on this potential estimate of no burden for
warning labels and received no comment with regard to children's
products. The largest possible burden estimate for warning labels for
children's products stated in the NPR was 1,209 hours at a cost of
$44,491 annually. However, because we received no contrary comment on
the estimate of no burden for children's products, CPSC relies on the
``usual and customary'' exception and finalizes an estimate of no
burden.
Estimate of Respondent Burden for Non-Children's Products: The PRA
Federal Register notice (88 FR 21652) estimating the hourly reporting
burden imposed on firms that manufacture or import non-children's
products that contain button cell or coin batteries, and firms that
manufacture or import button cell or coin batteries, included the time
and cost to create and maintain records related to testing of consumer
products (including issuing a GCC), as well as product labeling,
including required warning labels on, as applicable, consumer product
battery compartments, product packaging, and accompanying written
materials (i.e., instructions, manuals, inserts, or hangtags).
Though data provided by commenters are helpful, commenters have
compared one-time burden estimates to annual respondent burden
calculated by CPSC. CPSC assumes suppliers will continue to introduce
products on a rolling basis, and that up-front costs will diminish over
time.
Based on the comments, however, the Commission has revised the
estimated burden. We have removed estimates for point-of-sale notices,
including for websites offering the sale of button cell or coin
batteries, because this requirement is not being adopted at this time.
However, based upon the comments received (Comment 38 in section III of
this preamble), CPSC is adjusting the burden estimates upward, as shown
in Table 6. Additionally, CPSC adopts a higher wage rate to represent
total compensation costs for private industry workers in goods
producing industries.\18\
---------------------------------------------------------------------------
\18\ The March 2023 hourly total compensation costs for private
industry workers in goods producing industries is $43.62, according
to the U.S. Bureau of Labor Statistics, Employer Costs for Employee
Compensation (https://www.bls.gov/news.release/archives/ecec_06162023.pdf).
[[Page 65294]]
Table 6--Estimated Annual Respondent Burden
[Revisions in bold, italics]
----------------------------------------------------------------------------------------------------------------
Frequency of Hours per Annual burden Annual burden
Burden type Respondents response response (hours) (costs)
----------------------------------------------------------------------------------------------------------------
Labeling..................... 15,363 2 1 30,726 $1,332,586.62
.............. 3 1.25 57,611.25 2,513,002.72
Testing...................... 15,363 2 3 92,178 3,997,759.86
.............. 3 3.5 161,311.5 7,036,407.63
Recordkeeping................ 15,363 2 1 30,726 1,332,586.62
.............. 3 1.25 57,611.25 2,513,002.72
----------------------------------------------------------------------------------
Total Burden............. .............. .............. .............. 153,630 6,662,933.10
.............. .............. .............. 276,534 12,062,413.10
----------------------------------------------------------------------------------------------------------------
CPSC staff used establishment data from the U.S. Census Bureau by
North American Industry Classification System (NAICS) code to estimate
the number of entities with at least one product subject to the rule.
Then, weights were assigned to each NAICS sector to estimate both the
duration of the required response as well as the estimated average
number of responses. See Table 7. Additionally, CPSC staff obtained
estimates from testing laboratories on the costs of certification
testing. For non-children's products, CPSC assumes that firms will test
in-house or send the product to a lab for testing, but not both.
Children's products (that are not toys) subject to the rule must be
third party tested by a CPSC-accepted laboratory. According to
information collected, the cost of third-party testing varies but is
consistent with an estimate of $261.72 per response ($12,62,413.10 / 3
responses / 15,363 respondents = $261.72).
Table 7--Estimates by NAICS Sector
----------------------------------------------------------------------------------------------------------------
Estimated
NAICS code Industry Estimated PRA number of
weight hours responses
----------------------------------------------------------------------------------------------------------------
334118....................... Computer Terminal and Other 0.035099 8 4
Computer Peripheral Equipment
Manufacturing.
334290....................... Other Communications Equipment 0.020788 8 4
Manufacturing.
334310....................... Audio and Video Equipment 0.029919 8 4
Manufacturing.
335210....................... Small Electrical Appliance 0.003445 8 4
Manufacturing.
335912....................... Primary Battery manufacturing.... 0.005116 8 4
335999....................... All Other Miscellaneous 0.023391 8 4
Electrical Equipment and
Component Manufacturing.
339920....................... Sporting and Athletic Goods 0.061625 2 1
Manufacturing.
339940....................... Office Supplies (except Paper) 0.005479 2 1
Manufacturing.
339999....................... All Other Miscellaneous 0.037159 2 1
Manufacturing.
423420....................... Office Equipment Merchant 0.029336 2 1
Wholesalers.
423430....................... Computer and Computer Peripheral 0.38266 8 4
Equipment and Software Merchant
Wholesalers.
423620....................... Household Appliances, Electric 0.131072 4 2
Housewares, and Consumer
Electronics Merchant Wholesalers.
423690....................... Other Electronic Parts and 0.117874 8 4
Equipment Merchant Wholesalers.
423910....................... Sporting and Recreational Goods 0.060731 2 1
and Supplies Merchant
Wholesalers.
423990....................... Other Miscellaneous Durable Goods 0.056308 2 1
Merchant Wholesalers.
----------------------------------------------------------------------------------------------------------------
Labor Cost of Respondent Burden for Non-Toy Children's Products.
According to the U.S. Bureau of Labor Statistics (BLS), Employer Costs
for Employee Compensation, the total compensation cost per hour worked
for all private industry workers in goods-producing industries was
$43.62 (March 2023, https://www.bls.gov/news.release/archives/ecec_06162023.pdf). Based on this analysis, CPSC estimates that labor
cost of respondent burden would impose a cost to industry of
approximately $12,062,413 annually (276,534 hours as stated in Table 6
x $43.62 per hour = $12,062,413.08).
Cost to the Federal Government. The estimated annual cost of the
information collection requirements to the Federal Government is
approximately $4,448, which includes 60 staff hours to examine and
evaluate the information, as needed, for Compliance activities. This is
based on a GS-12, step 5 level salaried employee; the average hourly
wage rate for a mid-level salaried GS-12 employee in the Washington, DC
metropolitan area (effective as of January 2023) is $51.15 (GS-12, step
5). This represents 69.0 percent of total compensation (U.S. Bureau of
Labor Statistics, ``Employer Costs for Employee Compensation,''
September 2022, Table 2., percentage of wages and salaries for all
civilian management, professional, and related employees: https://www.bls.gov/news.release/archives/ecec_12152022.pdf). Adding an
additional 31.0 percent for benefits brings average annual compensation
for a mid-level salaried GS-12 employee to $74.13 per hour. Assuming
that approximately 60 hours will be required annually, this results in
an annual cost
[[Page 65295]]
of $4,448 ($74.13 per hour x 60 hours = $ 4,447.8).
CPSC has submitted the information collection requirements of this
final rule for both children's and non-children's products to OMB for
review in accordance with PRA requirements. 44 U.S.C. 3507(d).
XI. Preemption
Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that when 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 standard or regulation that prescribes
requirements for the performance, composition, contents, design,
finish, construction, packaging, or labeling of such product dealing
with the same risk of injury unless the state requirement is identical
to the Federal standard. Section 26(c) of the CPSA also provides that
states or political subdivisions of states may apply to the Commission
for an exemption from this preemption under certain circumstances.
Section 2(a) of Reese's Law requires the Commission to issue a
``consumer product safety standard for button cell or coin batteries
and consumer products containing button cell or coin batteries.''
However, if the Commission makes a determination under section 2(d) of
Reese's Law, determining that an existing voluntary standard meets the
requirements in section 2(a) of Reese's Law, section 2(e)(1) of Reese's
Law states that such voluntary standard shall be treated as a consumer
product safety standard promulgated under section 9 of the CPSA (15
U.S.C. 2058). Therefore, the preemption provision of section 26(a) of
the CPSA applies to all consumer products that fall within the scope of
this DFR.
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 submission must
indicate whether the rule is a ``major rule.'' The CRA states that the
Office of Information and Regulatory Affairs (OIRA) determines whether
a rule qualifies as a ``major rule.'' Pursuant to the CRA, OIRA
designated this rule as 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.
List of Subjects
16 CFR Part 1112
Administrative practice and procedure, Audit, Consumer protection,
Reporting and recordkeeping requirements, Third-party conformity
assessment body.
16 CFR Part 1263
Administrative practice and procedure, Batteries, Consumer
protection, Imports, Incorporation by reference, Infants and children,
Labeling, Law enforcement.
For the reasons discussed in the preamble, the Commission amends
chapter II, subchapter B, of title 16 of the Code of Federal
Regulations as follows:
PART 1112--REQUIREMENTS PERTAINING TO THIRD PARTY CONFORMITY
ASSESSMENT BODIES
0
1. The authority citation for part 1112 continues to read as follows:
Authority: Pub. L. 110-314, section 3, 122 Stat. 3016, 3017
(2008); 15 U.S.C. 2063.
0
2. Amend Sec. 1112.15 by adding paragraph (b)(55) to read as follows:
Sec. 1112.15 When can a third party conformity assessment body apply
for CPSC acceptance for a particular CPSC rule or test method?
* * * * *
(b) * * *
(55) 16 CFR part 1263, Safety Standard for Button Cell or Coin
Batteries and Consumer Products Containing Such Batteries.
* * * * *
0
3. Add part 1263 to read as follows:
PART 1263--SAFETY STANDARD FOR BUTTON CELL OR COIN BATTERIES AND
CONSUMER PRODUCTS CONTAINING SUCH BATTERIES
Sec.
1263.1 Scope, purpose, effective date, and exemption.
1263.2 Definitions.
1263.3 Requirements for consumer products containing button cell or
coin batteries.
Authority: 15 U.S.C. 2052, 2056e.
Sec. 1263. Scope, purpose, effective date, and exemption.
(a) Scope and purpose. As required by Reese's Law (15 U.S.C 2056e,
Pub. L. 117-171), this part establishes performance and labeling
requirements for consumer products containing button cell or coin
batteries to prevent child access to batteries during reasonably
foreseeable use and misuse of the consumer product. The part is
intended to eliminate or adequately reduce the risk of injury and death
to children 6 years old and younger from ingesting these batteries.
This part also establishes warning label requirements for packaging of
consumer products containing button cell or coin batteries, these
consumer products, and instructions and manuals accompanying these
consumer products.
(b) Effective date. Except as provided in paragraph (c) of this
section, the effective date of Sec. 1263.3 is October 23, 2023.
(c) Exemption for toy products. Any object designed, manufactured,
or marketed as a plaything for children under 14 years of age that is
in compliance with the battery accessibility and labeling requirements
of 16 CFR part 1250 is exempt from the requirements of this part.
(d) Batteries that do not present an ingestion hazard. Button cell
or coin batteries that the Commission has determined do not present an
ingestion hazard are not subject to this part. These are: zinc-air
button cell or coin batteries.
Sec. 1263.2 Definitions.
In addition to the definitions given in section 3 of the Consumer
Product Safety Act (15 U.S.C. 2052) and section 5 of Reese's Law (Notes
to 15 U.S.C. 2056e), the following definitions apply for purposes of
this part:
Button cell or coin battery means:
(1) A single cell battery with a diameter greater than the height
of the battery; or
(2) Any other battery, regardless of the technology used to produce
an electrical charge, that is determined by the Commission to pose an
ingestion hazard.
Consumer product containing button cell or coin batteries means a
consumer product containing or designed to use one or more button cell
or coin batteries, regardless of whether such batteries are intended to
be replaced by the consumer or are included with the product or sold
separately.
Ingestion hazard means a hazard caused by a person swallowing or
inserting a button cell or coin battery into their body whereby:
(1) The button cell or coin battery can become lodged in the
digestive tract or airways; and
(2) Can potentially cause death or serious injury through choking,
generation of hazardous chemicals, leaking of hazardous chemicals,
electrical burns, pressure necrosis, or other means.
[[Page 65296]]
Sec. 1263.3 Requirements for consumer products containing button cell
or coin batteries.
Each consumer product containing button cell or coin batteries
shall comply with ANSI/UL 4200A, Standard for Safety for Products
Incorporating Button Batteries or Coin Cell Batteries, approved on
August 30, 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 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: the Office of the Secretary, U.S. Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, MD 20814,
telephone (301) 504-7479, email: [email protected]. For information on
the availability of this material at NARA, visit https://www.archives.gov/federal-register/cfr/ibr-locations or email
[email protected]. A free, read-only copy of the standard is
available for viewing on UL's website at https://www.ulstandards.com/IBR/logon.aspx. You may also obtain a copy from Underwriters
Laboratories, Inc (UL), 333 Pfingsten Road, Northbrook, IL 60062, or
through UL's website: www.UL.com.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2023-20333 Filed 9-20-23; 8:45 am]
BILLING CODE 6355-01-P