Consumer Product Safety Commission 2011 – Federal Register Recent Federal Regulation Documents

It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with E & B Giftware LLC, containing a civil penalty of $550,000.00, of which $50,000 shall be suspended, within twenty (20) days of service of the Commission's final Order accepting the Settlement Agreement.

The Consumer Product Safety Commission (``CPSC'' or ``Commission'' or ``we'') is considering whether a new performance safety standard is needed to address an unreasonable risk of injury associated with table saws. We are conducting this proceeding under the authority of the Consumer Product Safety Act (``CPSA''), 15 U.S.C. 2051-2084. In the Federal Register of October 11, 2011 (76 FR 62678), we published an advance notice of proposed rulemaking (``ANPR''), inviting written comments concerning the risk of injury associated with table saw blade contact, regulatory alternatives, other possible means to address this risk, and other topics or issues. In response to a request from the Power Tool Institute, Inc., we are announcing an extension of the comment period for 60 days.

The Consumer Product Safety Commission (``Commission'' or ``CPSC'' or ``we'') has received a petition requesting an exception from the 100 ppm lead content limit under section 101(b) of the Consumer Product Safety Improvement Act of 2008 (``CPSIA''), as amended by Public Law 112-28. We invite written comments concerning the petition.

The Consumer Product Safety Commission (``CPSC,'' ``Commission,'' or ``we'') is proposing to amend its regulations on testing and labeling pertaining to product certification. The proposed rule would address the testing of representative samples to ensure continued compliance of children's products with all applicable rules, bans, standards, and regulations. The proposed rule also would establish a recordkeeping requirement associated with the testing of representative samples. We are taking this action to implement part of H.R. 2715 (Pub. L. 112-28).\1\

The Consumer Product Safety Commission (``CPSC,'' ``Commission,'' or ``we'') is issuing a final rule regarding the conditions and requirements for relying on testing or certification of either component parts of consumer products, or another party's finished product, or both, to demonstrate, in whole or in part, compliance of a consumer product with all applicable rules, bans, standards, and regulations to support a children's product certificate (``CPC''); as part of the standards and protocols for continued testing of children's products; or to meet the requirements of any other rule, ban, standard, guidance, policy, or protocol regarding consumer product testing that does not already directly address component part testing.

Consumer Product Safety Commission (``CPSC'' or ``we'') staff is considering the appropriate process and substance of a plan to review existing CPSC regulations. CPSC has conducted reviews of rules in the past and intends to build on that experience to develop a plan of review that also satisfies recent direction from President Obama, set forth in Executive Order 13579, ``Regulation and Independent Regulatory Agencies'' (76 FR 41587 (July 14, 2011)), which states that independent regulatory agencies should follow certain key principles when developing new regulations and should review existing significant regulations. To that end, Executive Order 13579 (``E.O. 13579'') emphasizes the importance of retrospective analysis of rules and the need to develop a plan under which the agency will conduct periodic reviews of existing regulations. We invite comments on the issues discussed in this document to help us formulate a plan that builds on our past review efforts while incorporating the principles outlined in E.O. 13579.

It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Henry Gordy International, Inc., containing a civil penalty of $1,100,000.00.

The U.S. Consumer Product Safety Commission (``CPSC'' or ``Commission'') announces the sixth meeting of the Chronic Hazard Advisory Panel (CHAP) on phthalates and phthalate substitutes. The Commission appointed this CHAP to study the effects on children's health of all phthalates and phthalate alternatives as used in children's toys and child care articles, pursuant to section 108 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) (Pub. L. 110- 314).

It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Nordica USA, containing a civil penalty of $214,000.00.

Section 14(i)(4)(A)(i) of the Consumer Product Safety Act, 15 U.S.C. 2063(i)(4)(A)(i), provides that the Commission, in implementing third party testing requirements, under certain circumstances, may allow small batch manufacturers to use alternative testing requirements in lieu of testing prescribed in an applicable consumer product safety rule, ban, standard, or regulation. If, however, the Commission determines that no alternative testing requirement is available or economically practicable, it shall exempt eligible small batch manufacturers from third party testing requirements. Through this notice, the Commission is announcing that it will conduct a public hearing to receive views from all interested parties about whether such alternative testing requirements are available or economically practicable or, in the absence of economically practicable alternatives, whether an exemption from third party testing is appropriate.

It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Bad Boy Enterprises, LLC, containing a civil penalty of $715,000.00.

The Consumer Product Safety Commission (``Commission'' or ``CPSC'' or ``we'') has received a petition requesting standards restricting cadmium in children's products, especially toy metal jewelry. On September 6, 2011, the Commission granted the petition and directed CPSC staff to begin drafting a proposed rule unless a voluntary standard for cadmium in children's jewelry is published by ASTM International, Inc. (``ASTM'') within three months after September 16, 2011. If a voluntary standard for cadmium in children's jewelry is published by ASTM within this timeframe, then CPSC staff is directed to assess the adequacy of the voluntary standard and whether there is substantial compliance with the voluntary standard and based on these assessments make a recommendation on the disposition of this petition within nine months after September 16, 2011. In addition, the Commission granted the petition and directed CPSC staff to begin drafting a proposed rule unless a voluntary standard for cadmium in children's toy jewelry is published by ASTM within three months after September 16, 2011. If a voluntary standard for cadmium in children's toy jewelry is published by ASTM within this timeframe, then CPSC staff is directed to assess the adequacy of the voluntary standard and whether there is substantial compliance with the voluntary standard and based on these assessments make a recommendation on the disposition of this petition within nine months after September 16, 2011.

It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Sunsations Inc., containing a civil penalty of $60,000.00.

The Consumer Product Safety Commission (``CPSC,'' ``Commission,'' or ``we'') is issuing a notice of requirements that provides the criteria and process for Commission acceptance of accreditation of third party conformity assessment bodies for testing, pursuant to ASTM International's (formerly the American Society for Testing and Materials) (``ASTM'') Standard Consumer Safety Specification for Toy Safety, F 963-08 (``ASTM F 963-08''), and section 4.27 (toy chests) from ASTM International's F 963-07e1 version of the standard (``ASTM F 963-07e1''), which are the consumer product safety standards for toys, pursuant to section 106 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), Public Law 110-314. The Commission is issuing this notice of requirements pursuant to section 14(a)(3)(B)(vi) of the Consumer Product Safety Act (CPSA) (15 U.S.C. 2063(a)(3)(B)(vi)).