Third Party Testing for Certain Children's Products; Notice of Requirements for Accreditation of Third Party Conformity Assessment Bodies to Assess Conformity With Parts 1203, 1510, 1512, and/or 1513 and Section 1500.86(a)(7) and/or (a)(8) of Title 16, Code of Federal Regulations, 45428-45431 [E9-21134]
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Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Notices
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Background
Title V of the Trade and Development
Act of 2000 (the Act) created two tariff
rate quotas (TRQs), providing for
temporary reductions in the import
duties on limited quantities of two
categories of worsted wool fabrics
suitable for use in making suits, suittype jackets, or trousers: (1) For worsted
wool fabric with average fiber diameters
greater than 18.5 microns (Harmonized
Tariff Schedule of the United States
(HTS) heading 9902.51.11); and (2) for
worsted wool fabric with average fiber
diameters of 18.5 microns or less (HTS
heading 9902.51.12). On August 6, 2002,
President Bush signed into law the
Trade Act of 2002, which includes
several amendments to Title V of the
Act. On December 3, 2004, the Act was
further amended pursuant to the
Miscellaneous Trade Act of 2004, Public
Law 108–429, by increasing the TRQ for
worsted wool fabric with average fiber
diameters greater than 18.5 microns,
HTS 9902.51.11, to an annual total level
of 5.5 million square meters, and
extending it through 2007, and
increasing the TRQ for average fiber
diameters of 18.5 microns or less, HTS
9902.51.15 (previously 9902.51.12), to
an annual total level of 5 million square
meters and extending it through 2006.
On August 17, 2006 the Act was further
amended pursuant to the Pension
Protection Act of 2006, Public Law 109–
280, which extended both TRQs,
9902.51.11 and 9902.51.15, through
2009. The Emergency Economic
Stabilization Act of 2008 extended the
TRQ for both HTS through 2014.
The Act requires that the TRQs be
allocated to persons who cut and sew
men’s and boys’ worsted wool suits,
suit-type jackets and trousers in the
United States. On October 24, 2005, the
Department adopted final regulations
establishing procedures for allocating
the TRQ. See 70 FR 61363; 19 CFR 335.
In order to be eligible for an allocation,
an applicant must submit an application
on the form provided at https://
web.ita.doc.gov/tacgi/wooltrq.nsf/
TRQApp to the address listed above by
5 p.m. on October 2, 2009 in compliance
with the requirements of 15 CFR 335.
Any business confidential information
that is marked business confidential
will be kept confidential and protected
from disclosure to the full extent
permitted by law.
Dated: August 27, 2009.
Kim Glas,
Deputy Assistant Secretary for Textiles and
Apparel.
[FR Doc. E9–21198 Filed 9–1–09; 8:45 am]
BILLING CODE 3510–DS–P
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CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. CPSC–2009–0067]
Third Party Testing for Certain
Children’s Products; Notice of
Requirements for Accreditation of
Third Party Conformity Assessment
Bodies to Assess Conformity With
Parts 1203, 1510, 1512, and/or 1513
and Section 1500.86(a)(7) and/or (a)(8)
of Title 16, Code of Federal
Regulations
AGENCY: Consumer Product Safety
Commission.
ACTION: Notice of requirements.
SUMMARY: The Consumer Product Safety
Commission (‘‘CPSC’’ or ‘‘Commission’’)
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 specific
CPSC regulations relating to bicycle
helmets, dive sticks and similar articles,
rattles, bicycles, and bunk beds. The
Commission is issuing this notice of
requirements pursuant to section
14(a)(3)(B)(vi) of the Consumer Product
Safety Act (15 U.S.C. 2063(a)(3)(B)(vi)).
DATES: Effective Date: The requirements
for accreditation of third party
conformity assessment bodies for testing
to 16 CFR parts 1203, 1510, 1512, and/
or 1513; and/or 16 CFR 1500.86(a)(7)
and (a)(8) are effective upon publication
of this notice in the Federal Register.
Comments in response to this notice
of requirements should be submitted by
October 2, 2009. Comments on this
notice should be captioned ‘‘Third Party
Conformity Assessment Body
Accreditation Process for 16 CFR parts
1203, 1510, 1512, and/or 1513; and/or
16 CFR 1500.86(a)(7) and (a)(8).’’
ADDRESSES: You may submit comments,
identified by Docket No. CPSC–2009–
0067, by any of the following methods:
Electronic Submissions
Submit electronic comments in the
following way: Federal eRulemaking
Portal: https://www.regulations.gov.
Follow the instructions for submitting
comments.
To ensure timely processing of
comments, the Commission is no longer
accepting comments submitted by
electronic mail (e-mail) except through
https://www.regulations.gov.
Written Submissions
Submit written submissions in the
following way: Mail/Hand delivery/
Courier (for paper, disk, or CD–ROM
submissions), preferably in five copies,
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to: Office of the Secretary, Consumer
Product Safety Commission, Room 502,
4330 East-West Highway, Bethesda, MD
20814; telephone (301) 504–7923.
Instructions: All submissions received
must include the agency name and
docket number for this notice of
requirements. All comments received
may be posted without change,
including any personal identifiers,
contact information, or other personal
information provided, to https://
www.regulations.gov. Do not submit
confidential business information, trade
secret information, or other sensitive or
protected information electronically.
Such information should be submitted
in writing.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Robert ‘‘Jay’’ Howell, Assistant
Executive Director for Hazard
Identification and Reduction, U.S.
Consumer Product Safety Commission,
4330 East-West Highway, Bethesda,
Maryland 20814; e-mail
rhowell@cpsc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Consumer Product Safety Act
(‘‘CPSA’’), at section 14(a)(3)(B)(vi), as
added by section 102(a)(2) of the
Consumer Product Safety Improvement
Act of 2008 (‘‘CPSIA’’), Public Law 110–
314, directs the CPSC to publish a
notice of requirements for accreditation
of third party conformity assessment
bodies (also referred to as ‘‘third party
laboratories’’) to assess children’s
products for conformity with ‘‘other
children’s product safety rules.’’ Section
14(f)(1) of the CPSA defines ‘‘children’s
product safety rule’’ as ‘‘a consumer
product safety rule under [the CPSA] or
similar rule, regulation, standard, or ban
under any other Act enforced by the
Commission, including a rule declaring
a consumer product to be a banned
hazardous product or substance.’’ Under
section 14(a)(3)(A) of the CPSA, each
manufacturer (including the importer)
or private labeler of products subject to
those regulations must have products
that are manufactured more than 90
days after the Federal Register
publication date of this notice tested by
a third party conformity assessment
body accredited to do so and must issue
a certificate of compliance with the
applicable regulations based on that
testing. (The Commission notes,
however, that in the Federal Register of
February 9, 2009 (74 FR 6396), the
Commission announced a stay of
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enforcement of certain provisions of
section 14(a) of the CPSA; the stay
applies to the testing that would result
from this notice of requirements.)
Section 14(a)(2) of the CPSA, as added
by section 102(a)(2) of the CPSIA,
requires that certification be based on
testing of sufficient samples of the
product, or samples that are identical in
all material respects to the product. The
Commission also emphasizes that,
irrespective of certification, the product
in question must comply with
applicable CPSC requirements (see, e.g.,
section 14(h) of the CPSA, as added by
section 102(b) of the CPSIA).
The Commission also is recognizing
limited circumstances in which it will
accept certifications if the product was
tested on or after May 16, 2008 (90 days
before the CPSIA’s enactment) by a third
party conformity assessment body that
the CPSC accepts as being accredited by
December 31, 2009 or 30 days before the
Commission terminates the stay of
enforcement that was originally
announced in the Federal Register on
February 9, 2009 (74 FR 6396),
whichever date is later. This policy will
apply to prior testing by independent
third party conformity assessment
bodies and by government-owned or
government-controlled conformity
assessment bodies, but not to
‘‘firewalled’’ conformity assessment
bodies.
This notice provides the criteria and
process for Commission acceptance of
accreditation of third party conformity
assessment bodies for testing pursuant
to the following regulations:
• 16 CFR part 1203, Safety Standard
for Bicycle Helmets (insofar as bicycle
helmets that are ‘‘children’s products’’
are concerned);
• 16 CFR 1500.86(a)(7) and (a)(8),
Exemptions from Classification as a
Banned Toy or other Banned Article for
use by Children. (The cited provisions
pertain to dive sticks and ‘‘similar
articles.’’);
• 16 CFR part 1510, Requirements for
Rattles;
• 16 CFR part 1512, Requirements for
Bicycles (insofar as bicycles that are
‘‘children’s products’’ are concerned);
and/or
• 16 CFR part 1513, Requirements for
Bunk Beds.
Although section 14(a)(3)(B)(vi) of the
CPSA directs the CPSC to publish a
notice of requirements for accreditation
of third party conformity assessment
bodies to assess conformity with ‘‘all
other children’s product safety rules,’’
this notice of requirements is limited to
the regulations identified immediately
above.
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Section 14(a)(3)(B)(vi) of the CPSA is
captioned as ‘‘All Other Children’s
Product Safety Rules,’’ but the body of
the statutory requirement refers only to
‘‘other children’s product safety rules.’’
Nevertheless, section 14(a)(3)(B)(vi) of
the CPSA could be construed as
requiring a notice of requirements for
‘‘all’’ other children’s product safety
rules, rather than a notice of
requirements for ‘‘some’’ or ‘‘certain’’
children’s product safety rules.
However, whether a particular rule
represents a ‘‘children’s product safety
rule’’ may be subject to interpretation,
and the Commission staff is continuing
to evaluate which rules, regulations,
standards, or bans are ‘‘children’s
product safety rules.’’ The CPSC intends
to issue additional notices of
requirements for other rules which the
Commission determines to be
‘‘children’s product safety rules.’’
This notice of requirements applies to
all third party conformity assessment
bodies as described in section 14(f)(2) of
the CPSA. Generally speaking, such
third party conformity assessment
bodies are: (1) Third party conformity
assessment bodies that are not owned,
managed, or controlled by a
manufacturer or private labeler of a
children’s product to be tested by the
third party conformity assessment body
for certification purposes; (2)
‘‘firewalled’’ conformity assessment
bodies (those that are owned, managed,
or controlled by a manufacturer or
private labeler of a children’s product to
be tested by the third party conformity
assessment body for certification
purposes and that seek accreditation
under the additional statutory criteria
for ‘‘firewalled’’ conformity assessment
bodies); and (3) third party conformity
assessment bodies owned or controlled,
in whole or in part, by a government.
The Commission requires baseline
accreditation of each category of third
party conformity assessment body to the
International Organization for
Standardization (‘‘ISO’’) Standard ISO/
IEC 17025:2005, ‘‘General Requirements
for the Competence of Testing and
Calibration Laboratories.’’ The
accreditation must be by an
accreditation body that is a signatory to
the International Laboratory
Accreditation Cooperation-Mutual
Recognition Arrangement (‘‘ILAC–
MRA’’), and the scope of the
accreditation must include testing for
any of the regulations identified earlier
in part I of this document for which the
third party conformity assessment body
seeks to be accredited.
(A description of the history and
content of the ILAC–MRA approach and
of the requirements of the ISO/IEC
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17025:2005 laboratory accreditation
standard is provided in the CPSC staff
briefing memorandum ‘‘Third Party
Conformity Assessment Body
Accreditation Requirements for Testing
Compliance with 16 CFR part 1501
(Small Parts Regulation),’’ dated
November 2008 and available on the
CPSC’s Web site at https://www.cpsc.gov/
library/foia/foia09/brief/smallparts.pdf.)
The Commission has established an
electronic accreditation registration and
listing system that can be accessed via
its Web site.
This notice of requirements is
effective on September 2, 2009.
However, the CPSC will stay its
enforcement of this notice of
requirements at least until February 10,
2010; the date reflects the stay of
enforcement that the CPSC published in
the Federal Register on February 9,
2009 (74 FR 6396). Nevertheless, the
Commission invites comments on the
accreditation procedures as they apply
to that testing and on the accreditation
approach in general.
This notice of requirements is exempt
from the notice and comment
rulemaking requirements of the
Administrative Procedure Act, 5 U.S.C.
553 (see section 14(a)(3)(G) of the CPSA,
as added by section 102(a)(2) of the
CPSIA (15 U.S.C. 2063(a)(3)(G))).
II. Accreditation Requirements
A. Baseline Third Party Conformity
Assessment Body Accreditation
Requirements
For a third party conformity
assessment body to be accredited to test
children’s products for conformity with
the regulations identified earlier in part
I of this document, it must be accredited
by an ILAC–MRA signatory accrediting
body, and the accreditation must be
registered with, and accepted by, the
Commission. A listing of ILAC–MRA
signatory accrediting bodies is available
on the Internet at https://ilac.org/
membersbycategory.html. The
accreditation must be to ISO Standard
ISO/IEC 17025:2005, ‘‘General
Requirements for the Competence of
Testing and Calibration Laboratories,’’
and the scope of the accreditation must
expressly include testing to 16 CFR
parts 1203, 1510, 1512, and/or 1513;
and/or 16 CFR 1500.86(a)(7) and (a)(8).
A true copy, in English, of the
accreditation and scope documents
demonstrating compliance with these
requirements must be registered with
the Commission electronically. The
additional requirements for
accreditation of firewalled and
governmental conformity assessment
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bodies are described in parts II.B and
II.C of this document below.
The Commission will maintain on its
Web site an up-to-date listing of third
party conformity assessment bodies
whose accreditations it has accepted
and the scope of each accreditation.
Subject to the limited provisions for
acceptance of ‘‘retrospective’’ testing
performed by other than firewalled
conformity assessment bodies noted in
part IV below, once the Commission
adds a third party conformity
assessment body to that list, the third
party conformity assessment body may
commence testing of children’s products
to support certification by the
manufacturer or private labeler of
compliance with the regulations
identified earlier in part I of this
document.
jlentini on DSKJ8SOYB1PROD with NOTICES
B. Additional Accreditation
Requirements for Firewalled Conformity
Assessment Bodies
In addition to the baseline
accreditation requirements in part II.A
of this document above, firewalled
conformity assessment bodies seeking
accredited status must submit to the
Commission copies, in English, of their
training documents showing how
employees are trained to notify the
Commission immediately and
confidentially of any attempt by the
manufacturer, private labeler, or other
interested party to hide or exert undue
influence over the third party
conformity assessment body’s test
results. This additional requirement
applies to any third party conformity
assessment body in which a
manufacturer or private labeler of a
children’s product to be tested by the
third party conformity assessment body
owns an interest of ten percent or more.
While the Commission is not addressing
common parentage of a third party
conformity assessment body and a
children’s product manufacturer at this
time, it will be vigilant to see if this
issue needs to be addressed in the
future.
As required by section 14(f)(2)(D) of
the CPSA, the Commission must
formally accept, by order, the
accreditation application of a third party
conformity assessment body before the
third party conformity assessment body
can become an accredited firewalled
conformity assessment body.
C. Additional Accreditation
Requirements for Governmental
Laboratories
In addition to the baseline
accreditation requirements of part II.A
of this document above, the CPSIA
permits accreditation of a third party
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conformity assessment body owned or
controlled, in whole or in part, by a
government if:
• To the extent practicable,
manufacturers or private labelers
located in any nation are permitted to
choose conformity assessment bodies
that are not owned or controlled by the
government of that nation;
• The third party conformity
assessment body’s testing results are not
subject to undue influence by any other
person, including another governmental
entity;
• The third party conformity
assessment body is not accorded more
favorable treatment than other third
party conformity assessment bodies in
the same nation who have been
accredited;
• The third party conformity
assessment body’s testing results are
accorded no greater weight by other
governmental authorities than those of
other accredited third party conformity
assessment bodies; and
• The third party conformity
assessment body does not exercise
undue influence over other
governmental authorities on matters
affecting its operations or on decisions
by other governmental authorities
controlling distribution of products
based on outcomes of the third party
conformity assessment body’s
conformity assessments.
The Commission will accept the
accreditation of a governmental third
party conformity assessment body if it
meets the baseline accreditation
requirements of part II.A of this
document above and meets the
additional conditions stated here. To
obtain this assurance, CPSC staff will
engage the governmental entities
relevant to the accreditation request.
III. How Does a Third Party Conformity
Assessment Body Apply for Acceptance
of Its Accreditation?
The Commission has established an
electronic accreditation acceptance and
registration system accessed via the
Commission’s Internet site at https://
www.cpsc.gov/businfo/labaccred.html.
The applicant provides, in English,
basic identifying information
concerning its location, the type of
accreditation it is seeking, and
electronic copies of its ILAC–MRA
accreditation certificate and scope
statement, and firewalled third party
conformity assessment body training
document(s), if relevant.
Commission staff will review the
submission for accuracy and
completeness. In the case of baseline
third party conformity assessment
bodies and government-owned or
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government-operated conformity
assessment bodies, when that review
and any necessary discussions with the
applicant are satisfactorily completed,
the third party conformity assessment
body in question is added to the CPSC’s
list of accredited third party conformity
assessment bodies at https://
www.cpsc.gov/businfo/labaccred.html.
In the case of a firewalled conformity
assessment body seeking accredited
status, when the staff’s review is
complete, the staff transmits its
recommendation on accreditation to the
Commission for consideration. (A third
party conformity assessment body that
may ultimately seek acceptance as a
firewalled third party conformity
assessment body also can initially
request acceptance as a third party
conformity assessment body accredited
for testing of children’s products other
than those of its owners.) If the
Commission accepts a staff
recommendation to accredit a firewalled
conformity assessment body, the
firewalled conformity assessment body
will then be added to the CPSC’s list of
accredited third party conformity
assessment bodies. In each case, the
Commission will notify the third party
conformity assessment body
electronically of acceptance of its
accreditation. All information to
support an accreditation acceptance
request must be provided in the English
language.
Subject to the limited provisions for
acceptance of ‘‘retrospective’’ testing
performed by other than accredited
firewalled conformity assessment bodies
noted in part IV of this document below,
once the Commission adds a third party
conformity assessment body to the list,
the third party conformity assessment
body may then begin testing of
children’s products to support
certification of compliance with the
regulations identified earlier in part I of
this document for which it has been
accredited.
IV. Limited Acceptance of Children’s
Product Certifications Based on Third
Party Conformity Assessment Body
Testing Prior to the Commission’s
Acceptance of Accreditation
The Commission will accept a
certificate of compliance with 16 CFR
Parts 1203, 1510, 1512, and/or 1513;
and/or 16 CFR 1500.86(a)(7) and (a)(8)
based on testing performed by an
accredited third party or governmental
third party conformity assessment body:
• On or after May 16, 2008 (90 days
before the CPSIA’s enactment) and
through the expiration of the stay of
enforcement announced in the Federal
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Register on February 9, 2009 (74 FR
6396), and
• Before the Commission’s
acceptance of the third party conformity
assessment body’s preexisting
accreditation,
provided that accreditation is accepted
by December 31, 2009 or 30 days before
the Commission terminates the stay of
enforcement that was originally
announced in the Federal Register on
February 9, 2009 (74 FR 6396),
whichever date is later, if:
• The third party conformity
assessment body was ISO/IEC 17025
accredited by an ILAC–MRA member at
the time of the test;
• The accreditation scope in effect for
the third party conformity assessment
body at that time expressly included
testing to the regulations identified
earlier in part I of this document;
• The third party conformity
assessment body’s accreditation
application is received by the
Commission under the procedures of
this notice by November 2, 2009; and
• The third party conformity
assessment body’s accreditation and
inclusion of the regulations identified
earlier in part I of this document in its
scope remains in effect through the
effective date for mandatory third party
testing and manufacturer/private labeler
certification for the relevant rule
identified in this document.
Testing performed by a firewalled
conformity assessment body before the
Commission’s acceptance of its
accreditation cannot be used as the basis
for certification by a manufacturer or
private labeler having a ten percent or
greater ownership interest in the third
party conformity assessment body.
Dated: August 27, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. E9–21134 Filed 9–1–09; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF EDUCATION
Notice of Proposed Information
Collection Requests
Department of Education.
Notice of proposed information
collection requests.
AGENCY:
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ACTION:
SUMMARY: The Director, Information
Collection Clearance Division,
Regulatory Information Management
Services, Office of Management, invites
comments on the proposed information
collection requests as required by the
Paperwork Reduction Act of 1995.
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DATES: An emergency review has been
requested in accordance with the Act
(44 U.S.C. Chapter 3507(j)), due to an
unanticipated event. Approval by the
Office of Management and Budget
(OMB) has been requested by September
30, 2009. A regular clearance process is
also beginning. Interested persons are
invited to submit comments on or before
November 2, 2009.
ADDRESSES: Written comments
regarding the emergency review should
be addressed to the Office of
Information and Regulatory Affairs,
Attention: Education Desk Officer,
Office of Management and Budget, 725
17th Street, NW., Room 10222, New
Executive Office Building, Washington,
DC 20503 or e-mailed to
oira_submission@omb.eop.gov or faxed
to (202) 395–5806.
SUPPLEMENTARY INFORMATION: Section
3506 of the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35) requires
that the Director of OMB provide
interested Federal agencies and the
public an early opportunity to comment
on information collection requests. The
Office of Management and Budget
(OMB) may amend or waive the
requirement for public consultation to
the extent that public participation in
the approval process would defeat the
purpose of the information collection,
violate State or Federal law, or
substantially interfere with any agency’s
ability to perform its statutory
obligations. The Director, Information
Collection Clearance Division,
Regulatory Information Management
Service, Office of Management,
publishes this notice containing
proposed information collection
requests at the beginning of the
Departmental review of the information
collection. Each proposed information
collection, grouped by office, contains
the following: (1) Type of review
requested; e.g., new, revision, extension,
existing or reinstatement; (2) Title; (3)
Summary of the collection; (4)
Description of the need for, and
proposed use of, the information; (5)
Respondents and frequency of
collection; and (6) Reporting and/or
Recordkeeping burden. ED invites
public comment.
The Department of Education is
especially interested in public comment
addressing the following issues: (1) Is
this collection necessary to the proper
functions of the Department; (2) will
this information be processed and used
in a timely manner, (3) is the estimate
of burden accurate; (4) how might the
Department enhance the quality, utility,
and clarity of the information to be
collected, and (5) how might the
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45431
Department minimize the burden of this
collection on respondents, including the
use of information technology.
Dated: August 28, 2009.
Angela C. Arrington,
Director, Information Collection Clearance
Division, Regulatory Information
Management Services, Office of Management.
Office of Planning, Evaluation and
Policy Development
Type of Review: Emergency.
Title: Study of School-Level
Expenditures.
Frequency: One time.
Affected Public: SEAs and Local
governments.
Reporting and Recordkeeping Hour
Burden:
Responses: 13,158.
Burden Hours: 562,136.
Abstract: The purpose of this data
collection is to meet the American
Recovery and Reinvestment Act of 2009
requirement for States and school
districts to submit a school-by-school
listing of school-level expenditures from
State and local funds for the 2008–09
school year. These data will be used to
examine the extent to which schoollevel education resources are distributed
equitably within and across school
districts.
Additional Information: The
Department is requesting approval on an
emergency basis for this data collection
by September 30, 2009. Approval is
needed by September 30, 2009 so that
States can inform LEAs of this reporting
requirement, collect the required data
from all LEAs that receive Title I funds,
and compile and submit the data to the
U.S. Department of Education by March
31, 2010.
Requests for copies of the information
collection submission for OMB review
may be accessed from https://
edicsweb.ed.gov, by selecting the
‘‘Browse Pending Collections’’ link and
by clicking on link number 4119. When
you access the information collection,
click on ‘‘Download Attachments ’’ to
view. Written requests for information
should be addressed to U.S. Department
of Education, 400 Maryland Avenue,
SW., LBJ, Washington, DC 20202–4537.
Requests may also be electronically
mailed to the Internet address
ICDocketMgr@ed.gov or faxed to 202–
401–0920. Please specify the complete
title of the information collection when
making your request.
Comments regarding burden and/or
the collection activity requirements
should be electronically mailed to
ICDocketMgr@ed.gov. Individuals who
use a telecommunications device for the
deaf (TDD) may call the Federal
E:\FR\FM\02SEN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 169 (Wednesday, September 2, 2009)]
[Notices]
[Pages 45428-45431]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21134]
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CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. CPSC-2009-0067]
Third Party Testing for Certain Children's Products; Notice of
Requirements for Accreditation of Third Party Conformity Assessment
Bodies to Assess Conformity With Parts 1203, 1510, 1512, and/or 1513
and Section 1500.86(a)(7) and/or (a)(8) of Title 16, Code of Federal
Regulations
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of requirements.
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SUMMARY: The Consumer Product Safety Commission (``CPSC'' or
``Commission'') 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
specific CPSC regulations relating to bicycle helmets, dive sticks and
similar articles, rattles, bicycles, and bunk beds. The Commission is
issuing this notice of requirements pursuant to section 14(a)(3)(B)(vi)
of the Consumer Product Safety Act (15 U.S.C. 2063(a)(3)(B)(vi)).
DATES: Effective Date: The requirements for accreditation of third
party conformity assessment bodies for testing to 16 CFR parts 1203,
1510, 1512, and/or 1513; and/or 16 CFR 1500.86(a)(7) and (a)(8) are
effective upon publication of this notice in the Federal Register.
Comments in response to this notice of requirements should be
submitted by October 2, 2009. Comments on this notice should be
captioned ``Third Party Conformity Assessment Body Accreditation
Process for 16 CFR parts 1203, 1510, 1512, and/or 1513; and/or 16 CFR
1500.86(a)(7) and (a)(8).''
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2009-
0067, by any of the following methods:
Electronic Submissions
Submit electronic comments in the following way: Federal
eRulemaking Portal: https://www.regulations.gov. Follow the instructions
for submitting comments.
To ensure timely processing of comments, the Commission is no
longer accepting comments submitted by electronic mail (e-mail) except
through https://www.regulations.gov.
Written Submissions
Submit written submissions in the following way: Mail/Hand
delivery/Courier (for paper, disk, or CD-ROM submissions), preferably
in five copies, to: Office of the Secretary, Consumer Product Safety
Commission, Room 502, 4330 East-West Highway, Bethesda, MD 20814;
telephone (301) 504-7923.
Instructions: All submissions received must include the agency name
and docket number for this notice of requirements. All comments
received may be posted without change, including any personal
identifiers, contact information, or other personal information
provided, to https://www.regulations.gov. Do not submit confidential
business information, trade secret information, or other sensitive or
protected information electronically. Such information should be
submitted in writing.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Robert ``Jay'' Howell, Assistant
Executive Director for Hazard Identification and Reduction, U.S.
Consumer Product Safety Commission, 4330 East-West Highway, Bethesda,
Maryland 20814; e-mail rhowell@cpsc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Consumer Product Safety Act (``CPSA''), at section
14(a)(3)(B)(vi), as added by section 102(a)(2) of the Consumer Product
Safety Improvement Act of 2008 (``CPSIA''), Public Law 110-314, directs
the CPSC to publish a notice of requirements for accreditation of third
party conformity assessment bodies (also referred to as ``third party
laboratories'') to assess children's products for conformity with
``other children's product safety rules.'' Section 14(f)(1) of the CPSA
defines ``children's product safety rule'' as ``a consumer product
safety rule under [the CPSA] or similar rule, regulation, standard, or
ban under any other Act enforced by the Commission, including a rule
declaring a consumer product to be a banned hazardous product or
substance.'' Under section 14(a)(3)(A) of the CPSA, each manufacturer
(including the importer) or private labeler of products subject to
those regulations must have products that are manufactured more than 90
days after the Federal Register publication date of this notice tested
by a third party conformity assessment body accredited to do so and
must issue a certificate of compliance with the applicable regulations
based on that testing. (The Commission notes, however, that in the
Federal Register of February 9, 2009 (74 FR 6396), the Commission
announced a stay of
[[Page 45429]]
enforcement of certain provisions of section 14(a) of the CPSA; the
stay applies to the testing that would result from this notice of
requirements.) Section 14(a)(2) of the CPSA, as added by section
102(a)(2) of the CPSIA, requires that certification be based on testing
of sufficient samples of the product, or samples that are identical in
all material respects to the product. The Commission also emphasizes
that, irrespective of certification, the product in question must
comply with applicable CPSC requirements (see, e.g., section 14(h) of
the CPSA, as added by section 102(b) of the CPSIA).
The Commission also is recognizing limited circumstances in which
it will accept certifications if the product was tested on or after May
16, 2008 (90 days before the CPSIA's enactment) by a third party
conformity assessment body that the CPSC accepts as being accredited by
December 31, 2009 or 30 days before the Commission terminates the stay
of enforcement that was originally announced in the Federal Register on
February 9, 2009 (74 FR 6396), whichever date is later. This policy
will apply to prior testing by independent third party conformity
assessment bodies and by government-owned or government-controlled
conformity assessment bodies, but not to ``firewalled'' conformity
assessment bodies.
This notice provides the criteria and process for Commission
acceptance of accreditation of third party conformity assessment bodies
for testing pursuant to the following regulations:
16 CFR part 1203, Safety Standard for Bicycle Helmets
(insofar as bicycle helmets that are ``children's products'' are
concerned);
16 CFR 1500.86(a)(7) and (a)(8), Exemptions from
Classification as a Banned Toy or other Banned Article for use by
Children. (The cited provisions pertain to dive sticks and ``similar
articles.'');
16 CFR part 1510, Requirements for Rattles;
16 CFR part 1512, Requirements for Bicycles (insofar as
bicycles that are ``children's products'' are concerned); and/or
16 CFR part 1513, Requirements for Bunk Beds.
Although section 14(a)(3)(B)(vi) of the CPSA directs the CPSC to
publish a notice of requirements for accreditation of third party
conformity assessment bodies to assess conformity with ``all other
children's product safety rules,'' this notice of requirements is
limited to the regulations identified immediately above.
Section 14(a)(3)(B)(vi) of the CPSA is captioned as ``All Other
Children's Product Safety Rules,'' but the body of the statutory
requirement refers only to ``other children's product safety rules.''
Nevertheless, section 14(a)(3)(B)(vi) of the CPSA could be construed as
requiring a notice of requirements for ``all'' other children's product
safety rules, rather than a notice of requirements for ``some'' or
``certain'' children's product safety rules. However, whether a
particular rule represents a ``children's product safety rule'' may be
subject to interpretation, and the Commission staff is continuing to
evaluate which rules, regulations, standards, or bans are ``children's
product safety rules.'' The CPSC intends to issue additional notices of
requirements for other rules which the Commission determines to be
``children's product safety rules.''
This notice of requirements applies to all third party conformity
assessment bodies as described in section 14(f)(2) of the CPSA.
Generally speaking, such third party conformity assessment bodies are:
(1) Third party conformity assessment bodies that are not owned,
managed, or controlled by a manufacturer or private labeler of a
children's product to be tested by the third party conformity
assessment body for certification purposes; (2) ``firewalled''
conformity assessment bodies (those that are owned, managed, or
controlled by a manufacturer or private labeler of a children's product
to be tested by the third party conformity assessment body for
certification purposes and that seek accreditation under the additional
statutory criteria for ``firewalled'' conformity assessment bodies);
and (3) third party conformity assessment bodies owned or controlled,
in whole or in part, by a government.
The Commission requires baseline accreditation of each category of
third party conformity assessment body to the International
Organization for Standardization (``ISO'') Standard ISO/IEC 17025:2005,
``General Requirements for the Competence of Testing and Calibration
Laboratories.'' The accreditation must be by an accreditation body that
is a signatory to the International Laboratory Accreditation
Cooperation-Mutual Recognition Arrangement (``ILAC-MRA''), and the
scope of the accreditation must include testing for any of the
regulations identified earlier in part I of this document for which the
third party conformity assessment body seeks to be accredited.
(A description of the history and content of the ILAC-MRA approach
and of the requirements of the ISO/IEC 17025:2005 laboratory
accreditation standard is provided in the CPSC staff briefing
memorandum ``Third Party Conformity Assessment Body Accreditation
Requirements for Testing Compliance with 16 CFR part 1501 (Small Parts
Regulation),'' dated November 2008 and available on the CPSC's Web site
at https://www.cpsc.gov/library/foia/foia09/brief/smallparts.pdf.)
The Commission has established an electronic accreditation
registration and listing system that can be accessed via its Web site.
This notice of requirements is effective on September 2, 2009.
However, the CPSC will stay its enforcement of this notice of
requirements at least until February 10, 2010; the date reflects the
stay of enforcement that the CPSC published in the Federal Register on
February 9, 2009 (74 FR 6396). Nevertheless, the Commission invites
comments on the accreditation procedures as they apply to that testing
and on the accreditation approach in general.
This notice of requirements is exempt from the notice and comment
rulemaking requirements of the Administrative Procedure Act, 5 U.S.C.
553 (see section 14(a)(3)(G) of the CPSA, as added by section 102(a)(2)
of the CPSIA (15 U.S.C. 2063(a)(3)(G))).
II. Accreditation Requirements
A. Baseline Third Party Conformity Assessment Body Accreditation
Requirements
For a third party conformity assessment body to be accredited to
test children's products for conformity with the regulations identified
earlier in part I of this document, it must be accredited by an ILAC-
MRA signatory accrediting body, and the accreditation must be
registered with, and accepted by, the Commission. A listing of ILAC-MRA
signatory accrediting bodies is available on the Internet at https://ilac.org/membersbycategory.html. The accreditation must be to ISO
Standard ISO/IEC 17025:2005, ``General Requirements for the Competence
of Testing and Calibration Laboratories,'' and the scope of the
accreditation must expressly include testing to 16 CFR parts 1203,
1510, 1512, and/or 1513; and/or 16 CFR 1500.86(a)(7) and (a)(8). A true
copy, in English, of the accreditation and scope documents
demonstrating compliance with these requirements must be registered
with the Commission electronically. The additional requirements for
accreditation of firewalled and governmental conformity assessment
[[Page 45430]]
bodies are described in parts II.B and II.C of this document below.
The Commission will maintain on its Web site an up-to-date listing
of third party conformity assessment bodies whose accreditations it has
accepted and the scope of each accreditation. Subject to the limited
provisions for acceptance of ``retrospective'' testing performed by
other than firewalled conformity assessment bodies noted in part IV
below, once the Commission adds a third party conformity assessment
body to that list, the third party conformity assessment body may
commence testing of children's products to support certification by the
manufacturer or private labeler of compliance with the regulations
identified earlier in part I of this document.
B. Additional Accreditation Requirements for Firewalled Conformity
Assessment Bodies
In addition to the baseline accreditation requirements in part II.A
of this document above, firewalled conformity assessment bodies seeking
accredited status must submit to the Commission copies, in English, of
their training documents showing how employees are trained to notify
the Commission immediately and confidentially of any attempt by the
manufacturer, private labeler, or other interested party to hide or
exert undue influence over the third party conformity assessment body's
test results. This additional requirement applies to any third party
conformity assessment body in which a manufacturer or private labeler
of a children's product to be tested by the third party conformity
assessment body owns an interest of ten percent or more. While the
Commission is not addressing common parentage of a third party
conformity assessment body and a children's product manufacturer at
this time, it will be vigilant to see if this issue needs to be
addressed in the future.
As required by section 14(f)(2)(D) of the CPSA, the Commission must
formally accept, by order, the accreditation application of a third
party conformity assessment body before the third party conformity
assessment body can become an accredited firewalled conformity
assessment body.
C. Additional Accreditation Requirements for Governmental Laboratories
In addition to the baseline accreditation requirements of part II.A
of this document above, the CPSIA permits accreditation of a third
party conformity assessment body owned or controlled, in whole or in
part, by a government if:
To the extent practicable, manufacturers or private
labelers located in any nation are permitted to choose conformity
assessment bodies that are not owned or controlled by the government of
that nation;
The third party conformity assessment body's testing
results are not subject to undue influence by any other person,
including another governmental entity;
The third party conformity assessment body is not accorded
more favorable treatment than other third party conformity assessment
bodies in the same nation who have been accredited;
The third party conformity assessment body's testing
results are accorded no greater weight by other governmental
authorities than those of other accredited third party conformity
assessment bodies; and
The third party conformity assessment body does not
exercise undue influence over other governmental authorities on matters
affecting its operations or on decisions by other governmental
authorities controlling distribution of products based on outcomes of
the third party conformity assessment body's conformity assessments.
The Commission will accept the accreditation of a governmental
third party conformity assessment body if it meets the baseline
accreditation requirements of part II.A of this document above and
meets the additional conditions stated here. To obtain this assurance,
CPSC staff will engage the governmental entities relevant to the
accreditation request.
III. How Does a Third Party Conformity Assessment Body Apply for
Acceptance of Its Accreditation?
The Commission has established an electronic accreditation
acceptance and registration system accessed via the Commission's
Internet site at https://www.cpsc.gov/businfo/labaccred.html. The
applicant provides, in English, basic identifying information
concerning its location, the type of accreditation it is seeking, and
electronic copies of its ILAC-MRA accreditation certificate and scope
statement, and firewalled third party conformity assessment body
training document(s), if relevant.
Commission staff will review the submission for accuracy and
completeness. In the case of baseline third party conformity assessment
bodies and government-owned or government-operated conformity
assessment bodies, when that review and any necessary discussions with
the applicant are satisfactorily completed, the third party conformity
assessment body in question is added to the CPSC's list of accredited
third party conformity assessment bodies at https://www.cpsc.gov/businfo/labaccred.html. In the case of a firewalled conformity
assessment body seeking accredited status, when the staff's review is
complete, the staff transmits its recommendation on accreditation to
the Commission for consideration. (A third party conformity assessment
body that may ultimately seek acceptance as a firewalled third party
conformity assessment body also can initially request acceptance as a
third party conformity assessment body accredited for testing of
children's products other than those of its owners.) If the Commission
accepts a staff recommendation to accredit a firewalled conformity
assessment body, the firewalled conformity assessment body will then be
added to the CPSC's list of accredited third party conformity
assessment bodies. In each case, the Commission will notify the third
party conformity assessment body electronically of acceptance of its
accreditation. All information to support an accreditation acceptance
request must be provided in the English language.
Subject to the limited provisions for acceptance of
``retrospective'' testing performed by other than accredited firewalled
conformity assessment bodies noted in part IV of this document below,
once the Commission adds a third party conformity assessment body to
the list, the third party conformity assessment body may then begin
testing of children's products to support certification of compliance
with the regulations identified earlier in part I of this document for
which it has been accredited.
IV. Limited Acceptance of Children's Product Certifications Based on
Third Party Conformity Assessment Body Testing Prior to the
Commission's Acceptance of Accreditation
The Commission will accept a certificate of compliance with 16 CFR
Parts 1203, 1510, 1512, and/or 1513; and/or 16 CFR 1500.86(a)(7) and
(a)(8) based on testing performed by an accredited third party or
governmental third party conformity assessment body:
On or after May 16, 2008 (90 days before the CPSIA's
enactment) and through the expiration of the stay of enforcement
announced in the Federal
[[Page 45431]]
Register on February 9, 2009 (74 FR 6396), and
Before the Commission's acceptance of the third party
conformity assessment body's preexisting accreditation,
provided that accreditation is accepted by December 31, 2009 or 30 days
before the Commission terminates the stay of enforcement that was
originally announced in the Federal Register on February 9, 2009 (74 FR
6396), whichever date is later, if:
The third party conformity assessment body was ISO/IEC
17025 accredited by an ILAC-MRA member at the time of the test;
The accreditation scope in effect for the third party
conformity assessment body at that time expressly included testing to
the regulations identified earlier in part I of this document;
The third party conformity assessment body's accreditation
application is received by the Commission under the procedures of this
notice by November 2, 2009; and
The third party conformity assessment body's accreditation
and inclusion of the regulations identified earlier in part I of this
document in its scope remains in effect through the effective date for
mandatory third party testing and manufacturer/private labeler
certification for the relevant rule identified in this document.
Testing performed by a firewalled conformity assessment body before
the Commission's acceptance of its accreditation cannot be used as the
basis for certification by a manufacturer or private labeler having a
ten percent or greater ownership interest in the third party conformity
assessment body.
Dated: August 27, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E9-21134 Filed 9-1-09; 8:45 am]
BILLING CODE 6355-01-P
