PART 1306—BAN OF HAZARDOUS LAWN DARTS Authority: 15 U.S.C. 2058-2060. Source: 53 FR 46839, Nov. 18, 1988, unless otherwise noted. § 1306.1 Scope and application. (a) In this part 1306, the Commission declares lawn darts, described in § 1306.3, to be banned hazardous products. (b) Lawn darts and similar products that are articles intended for use by children are not covered by this ban, but are banned under the Federal Hazardous Substances Act at 16 CFR 1500.18(a)(4). § 1306.2 Purpose. The purpose of this rule is to prohibit the sale of lawn darts, which have been found to present an unreasonable risk of skull puncture injuries to children. § 1306.3 Banned hazardous products. Any lawn dart is a banned hazardous product. § 1306.4 Findings. (a) The Commission has found that lawn darts are being distributed in commerce and present an unreasonable risk of injury. (b) The degree and nature of the risk of injury. (2) Because all lawn darts are being banned, the elimination of lawn darts that can cause skull puncture injuries will also eliminate the punctures of other parts of the body, as well as the lacerations, fractures, and other injuries that have been associated with lawn darts in the past. The Commission's staff estimates that about 670 injuries from lawn darts are treated in U.S. hospital emergency rooms per year. About 40 percent of these are puncture wounds. Approximately 57 percent of the injuries involved the head, face, eye, or ear. Approximately 4 percent of the injured victims were hospitalized (on the average, approximately 25 per year), including all of the injuries reported as fractures. Over 75 percent of the victims were under age 15; about 50 percent of the victims were under age 10. In addition, Commission records dating back to 1970 show that at least three children have been killed by injuries associated with lawn darts. These children were 4, 7, and 13 years old. In the 25 lawn dart injury reports for which information about the user of the lawn darts was available, the reports indicated that children were playing with the lawn darts, despite the ban and exemption which were developed to keep the product out of the hands of children. (c) Products subject to this ban. 1/4 (2) The definition for lawn darts in this rule is not intended to include arrows or horseshoes, nor is it intended to apply to indoor dart games that use a vertically-placed target, such as “English darts” or “American darts.” (d) The need of the public for lawn darts, and the effects of the rule on their utility, cost, and availability. (e) Alternatives. (2) The Commission also considered the possibility of performance requirements for lawn darts to determine which lawn darts present an unreasonable risk of injury of skull penetration to children, but such requirements were determined not to be feasible. (f) Conclusion. (1) That this rule, including its effective date, is reasonably necessary to eliminate or adequately reduce the unreasonable risk of skull puncture wounds to children associated with lawn darts and will also eliminate or reduce the other injuries, including puncture wounds, that have been associated with this product. (2) That issuance of the rule is in the public interest. (3) That no feasible consumer product safety standard would adequately protect the public from the unreasonable risk associated with lawn darts. (4) That the benefits expected from this rule bear a reasonable relationship to its costs. (5) That the rule imposes the least burdensome requirement which prevents or adequately reduces the risk of injury for which the rule is being promulgated. § 1306.5 Effective date. This rule is effective December 19, 1988 and applies to all lawn darts in the chain of distribution on or after that date.