9 June 2009

[Federal Register: June 9, 2009 (Volume 74, Number 109)]
[Rules and Regulations]
[Page 27248-27249]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn09-2]

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1500


Labeling Amendment of Blasting Caps

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

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SUMMARY: The Consumer Product Safety Commission (Commission or CPSC) is
issuing a final rule to supplement the current definition of ``blasting
cap'' in its regulations under the Federal Hazardous Substances Act.
The final rule simply uses the term ``detonator'' in addition to the
term ``blasting cap'' to reflect the current usage of those terms in
the explosives industry.

DATES: The final rule becomes effective June 9, 2009.

[[Page 27249]]


FOR FURTHER INFORMATION CONTACT: Hyun Sun Kim, Office of the General
Counsel, Consumer Product Safety Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone (301) 504-7632, e-mail hkim@cpsc.gov.

SUPPLEMENTARY INFORMATION:

A. Background

    The regulations promulgated under the Federal Hazardous Substances
Act (FHSA), 15 U.S.C. 1261-1276, require cautionary labeling of
hazardous substances. 16 CFR part 1500. Under 16 CFR 1500.83(a)(35),
individual blasting caps are exempt from bearing the statement, ``Keep
out of the reach of children,'' or its practical equivalent, if: (i)
Each cap bears conspicuously in the largest type size practicable the
statement, ``DANGEROUS--BLASTING CAPS--EXPLOSIVE'' and; (ii) the outer
carton and any accompanying printed matter bear appropriate, complete
cautionary labeling.
    On October 16, 2006, the Institute of Makers of Explosives (IME)
petitioned the Commission to amend the regulations at 16 CFR
1500.83(a)(35), to allow the use of the term ``detonator'' to be used
interchangeably with the term ``blasting cap.'' The petition was
docketed as HP 07-1 and, on December 12, 2006, the Commission published
a notice in the Federal Register (71 FR 74488) stating that it had
received the petition and inviting public comment on the petition. No
comments were received.
    IME specifically requested adding the term ``detonator'' to the
regulation as follows (added text is underlined):

    Individual detonators or blasting caps are exempt from bearing
the statement, ``Keep out of the reach of children,'' or its
practical equivalent, if:
    (i) Each detonator or cap bears conspicuously in the largest
type size practicable the statement, ``DANGEROUS--BLASTING CAPS--
EXPLOSIVE'' or ``DANGEROUS--DETONATOR--EXPLOSIVE'';

    According to IME, the terms ``detonator'' and ``blasting cap''
generally are synonymous in the explosives community. IME asserts that
the term ``detonator'' may be interpreted as being more inclusive and
is more commonly used than the term ``blasting cap.'' To minimize the
possibility that an individual may not take recommended precautions
when handling initiating devices, IME states that it has encouraged the
use of the term ``detonator'' instead of the term ``blasting cap''
whenever possible. IME states that there is no practical benefit to
requiring the use of both the term ``detonator'' and ``blasting cap''
on printed warnings given the limited space available on small
detonators. IME does not advocate replacing the term ``blasting cap''
with ``detonator'' at this time.
    The Commission believes that the technical amendment will convey
useful information concerning the scope of the labeling requirements
for these devises. Because the term ``detonator'' is used widely,
including ``detonator'' in 16 CFR 1500.83(a)(35) will clarify that
either a blasting cap or a detonator must bear conspicuously in the
largest type size practicable the statement, ``DANGEROUS--BLASTING
CAPS---EXPLOSIVE'' or ``DANGEROUS--DETONATOR--EXPLOSIVE'' as
applicable. The inclusion of the term detonator also will increase
safety awareness by warning individuals to take precautions when
handling these types of devices whether they are referred to as
blasting caps or detonators. Because this amendment is technical in
nature rather than substantive, notice and comment are not necessary.
See 5 U.S.C. 553(b)(3)(B). Moreover, the amendment does not change the
substantive obligations of manufacturers of these devises. Accordingly,
there is no need to delay the effective date. Id. 553 (d)(3).

List of Subjects in 16 CFR Part 1500

    Consumer protection, Hazardous materials, Hazardous substances,
Imports, Infants and children, Labeling, Law enforcement, Toys.

Conclusion

0
For the reasons discussed the Commission amends 16 CFR 1500.83 to read
as follows:

PART 1500--[AMENDED]

0
1. The authority citation for part 1500 continues to read as follows:

    Authority:  15 U.S.C. 1261-1277.


0
2. Revise paragraphs (a)(35)introductory text and (a)(35)(i) of Sec.
1500.83 to read as follows:


Sec.  1500.83  Exemptions for small packages, minor hazards, and
special circumstances.

    (a) * * *
    (35) Individual detonators or blasting caps are exempt from bearing
the statement, ``Keep out of the reach of children,'' or its practical
equivalent, if:
    (i) Each detonator or cap bears conspicuously in the largest type
size practicable the statement, ``DANGEROUS--BLASTING CAPS--EXPLOSIVE''
or ``DANGEROUS--DETONATOR--EXPLOSIVE''; and
* * * * *

    Dated: June 3, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E9-13365 Filed 6-8-09; 8:45 am]

BILLING CODE 6355-01-P