Third Party Testing for Certain Children's Products; Notice of Requirements for Accreditation of Third Party Conformity Assessment Bodies to Assess Conformity with the Limits on Total Lead in Children's Products, 55820-55824 [E9-26073]
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textiles and vinyl plastic film prescribe
requirements for testing and
recordkeeping by firms that issue
guaranties. See 16 CFR Part 1610,
Subpart B, and 16 CFR Part 1611,
Subpart B.
The Commission uses the information
compiled and maintained by firms that
issue these guaranties to help protect
the public from risks of injury or death
associated with clothing and fabrics and
vinyl film intended for use in clothing.
More specifically, the information helps
the Commission arrange corrective
actions if any products covered by a
guaranty fail to comply with the
applicable standard in a manner that
creates a substantial risk of injury or
death to the public. The Commission
also uses this information to determine
whether the requisite testing was
performed to support the guaranties.
OMB approved the collection of
information in the enforcement
regulations implementing the standards
for clothing textiles and vinyl plastic
film under control number 3041–0024.
OMB’s most recent extension of
approval will expire on December 31,
2009. The Commission proposes to
request an extension of approval for the
collection of information in those
regulations.
C. Estimated Burden
The Commission staff estimates that
about 1,000 firms that manufacture or
import products subject to the
flammability standards for clothing
textiles and vinyl plastic film issue
guaranties that the products they
produce or import comply with the
applicable standard. The Commission
staff estimates that these standards and
implementing regulations will impose
an average annual burden of about 101.6
hours on each of those firms. That
burden will result from conducting the
testing and maintaining records
required by the implementing
regulations. The total annual burden
imposed by the standards and
regulations on all manufacturers and
importers of clothing textiles and vinyl
plastic film will be about 101,600 hours.
The hourly wage for the testing and
recordkeeping required by the standards
and regulations is estimated to be
$57.22 (for management, professional,
and related occupations in goodsproducing industries, Bureau of Labor
Statistics, June 2009), for an estimated
annual cost to the industry of nearly
$5.8 million (101,600 × $57.22).
The Commission staff will expend
approximately 80 hours of professional
time reviewing and evaluating the
records maintained by manufacturers
and importers of garments, textiles, and
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related materials. The annual cost to the
Federal government of the collection of
information in these regulations is
estimated to be $6,400.
D. Request for Comments
The Commission solicits written
comments from all interested persons
about the proposed collection of
information. The Commission
specifically solicits information relevant
to the following topics:
—Whether the collection of information
described above is necessary for the
proper performance of the
Commission’s functions, including
whether the information would have
practical utility;
—Whether the estimated burden of the
proposed collection of information is
accurate;
—Whether the quality, utility, and
clarity of the information to be
collected could be enhanced; and
—Whether the burden imposed by the
collection of information could be
minimized by use of automated,
electronic or other technological
collection techniques, or other forms
of information technology.
Dated: October 23, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. E9–26079 Filed 10–28–09; 8:45 am]
BILLING CODE 6355–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
Notice of Availability of a Statement of
Policy: Testing and Certification of
Lead Content in Children’s Products
AGENCY: Consumer Product Safety
Commission.
ACTION: Notice of availability.
The Consumer Product Safety
Commission (Commission) is
announcing the availability of a
document titled, ‘‘Statement of Policy:
Testing and Certification of Lead
Content in Children’s Products.’’ The
document provides guidance on
complying with the Consumer Product
Safety Improvement Act (CPSIA).
ADDRESSES: The Statement of Policy is
available from the Commission’s Web
site at: https://www.cpsc.gov/about/
cpsia/leadpolicy.pdf. Copies may also
be obtained from the Consumer Product
Safety Commission, Office of the
Secretary, Room 502, 4330 East-West
Highway, Bethesda, Maryland 20814;
301–504–7923.
FOR FURTHER INFORMATION CONTACT:
Hyun Sun Kim, Office of the General
SUMMARY:
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Counsel, Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone (301)
504–7632; hkim@cpsc.gov.
SUPPLEMENTARY INFORMATION:
The CPSIA was enacted on August 14,
2008 (Pub. L. 110–314). Section 101(a)
of CPSIA provides that products
designed or intended primarily for
children 12 years old and younger that
contain more than 600 ppm of lead (as
of February 10, 2009), 300 ppm of lead
(as of August 14, 2009); or 100 ppm after
three years (as of August 14, 2011),
unless the Commission determines that
it is not technologically feasible to have
this lower limit, are considered to be
banned hazardous substances under the
Federal Hazardous Substances Act
(FHSA). Unless granted a specific
exclusion or determination, products
and materials used to make children’s
products are subject to the lead limits
and also to the testing and certification
requirements of section 14(a) of the
Consumer Product Safety Act (CPSA), as
amended by section 102(a) of the
CPSIA.
The Commission has prepared a
document titled, ‘‘Statement of Policy:
Testing and Certification of Lead
Content in Children’s Products.’’ The
document provides guidance on the
testing and certification of children’s
products for compliance with the
CPSIA. The Statement of Policy is
available on the Commission’s Web site
at https://www.cpsc.gov/about/cpsia/
leadpolicy.pdf and from the
Commission’s Office of the Secretary at
the location listed in the ADDRESSES
section of this notice.
Dated: October 23, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. E9–26080 Filed 10–28–09; 8:45 am]
BILLING CODE 6355–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. CPSC–2009–0090]
Third Party Testing for Certain
Children’s Products; Notice of
Requirements for Accreditation of
Third Party Conformity Assessment
Bodies to Assess Conformity with the
Limits on Total Lead in Children’s
Products
AGENCY: Consumer Product Safety
Commission.
ACTION: Notice of Requirements.
SUMMARY: The Consumer Product Safety
Commission (‘‘CPSC’’ or ‘‘Commission’’)
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Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Notices
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 the limits
on total lead in children’s products. 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 the limits on total lead in children’s
products are effective upon publication
of this notice in the Federal Register.
Comments in response to this notice
of requirements should be submitted by
November 30, 2009. Comments on this
notice should be captioned ‘‘Third Party
Conformity Assessment Body
Accreditation Process for the Limits on
Total Lead in Children’s Products.’’
ADDRESSES: You may submit comments,
identified by Docket No. CPSC–2009–
0090, by any of the following methods:
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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
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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
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 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
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was originally announced in the Federal
Register on February 9, 2009 (74 FR
6396), whichever date is later. The
details regarding those limited
circumstances can be found in part IV
of this document below.
This notice provides the criteria and
process for Commission acceptance of
accreditation of third party conformity
assessment bodies for testing pursuant
to the following test methods:
• CPSC–CH–E1001–08, Standard
Operating Procedure for Determining
Total Lead (Pb) in Children’s Metal
Products (Including Children’s Metal
Jewelry 1), issued December 4, 2008, and
• CPSC–CH–E1002–08, Standard
Operating Procedure for Determining
Total Lead (Pb) in Non-Metal Children’s
Products, issued February 1, 2009.
For measuring total lead content of
homogeneous polymeric materials
(including natural and synthetic
polymers or plastic materials in
children’s consumer products), the
methods for using x-ray fluorescence
spectrometry (XRF) described in CPSC–
CH–E1002–08 may be used. Both
methods may be freely downloaded
from the CPSC Web site at https://
www.cpsc.gov/about/cpsia/
labaccred.html.
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 test methods identified immediately
above. The CPSC acknowledges that the
test methods for determining total lead
content are not, in themselves, rules, but
we believe it is appropriate for the
notice of requirements to apply to the
CPSC test methods because section
101(g) of the CPSIA considers the lead
content restrictions to be ‘‘a regulation
of the Commission’’ under the Federal
Hazardous Substances Act. Thus, the
test methods would be used to assess
conformity with the lead requirements.
The CPSC also recognizes that 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
1 Due to the Commission’s stay of enforcement
that appeared in the Federal Register on February
9, 2009 (74 FR 6396), at the time when the stay of
enforcement was published, only accessible,
metallic parts of children’s metal jewelry were
required to be tested. When the stay of enforcement
is lifted, all accessible parts of children’s metal
jewelry, metals and non-metals, will need to
comply with the applicable regulations.
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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.’’
The CPSC also advises interested
parties that, with respect to the
materials which the CPSC has
determined not to exceed the lead
content limits specified in section
101(a) of the CPSIA, testing by third
party conformity assessment bodies is
not required to support a finding that a
particular material is within the
determinations. In the Federal Register
of August 26, 2009 (74 FR 43031), the
CPSC issued a final rule identifying
those materials which do not exceed the
lead content limits specified in section
101(a) of the CPSIA (the
‘‘determinations rule’’). For example,
the determinations rule includes natural
fibers, such as cotton, in the
determinations; this means that a cotton
shirt would not need to be tested by a
third party conformity assessment body
for lead, and it also means that a third
party conformity assessment body
would not need to test the cotton shirt
to show that it is, indeed, made out of
cotton. The CPSC reminds interested
parties that the obligation to have third
party conformity assessment bodies test
children’s products exists in relation to
‘‘children’s product safety rules’’ and
that section 14(f)(1) of the Consumer
Product Safety Act (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.’’ Section
3(a)(6) of the CPSA, in turn, defines
‘‘consumer product safety rule,’’ in part,
as a consumer product safety standard
* * * or a rule * * * declaring a
consumer product a banned hazardous
product.’’ The rule determining that
certain materials do not exceed the lead
limits in section 101(a) of the CPSIA is
not a ‘‘consumer product safety rule’’ as
defined by section 3(a)(6) of the CPSA
and, therefore, also is not a ‘‘children’s
product safety rule’’ as defined by
section 14(a)(1) of the CPSA.
Consequently, to continue using the
example of a cotton shirt, the cotton
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shirt manufacturer could decide, based
on its own knowledge and expertise
regarding the materials used in its
product, that its cotton shirt is, indeed,
made of cotton and within the
determinations rule. The cotton shirt
manufacturer would not need to submit
samples of its cotton shirts to a third
party conformity assessment body to
determine whether the shirts were made
of cotton.
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 test methods 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
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listing system that can be accessed via
its Web site.
This notice of requirements is
effective on October 29, 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 test methods 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 CPSC–CH–
E1001–08, Standard Operating
Procedure for Determining Total Lead
(Pb) in Children’s Metal Products
(Including Children’s Metal Jewelry),
issued December 4, 2008, and/or CPSC–
CH–E1002–08, Standard Operating
Procedure for Determining Total Lead
(Pb) in Non-Metal Children’s Products,
issued February 1, 2009. 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 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.
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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 test methods
identified earlier in part I of this
document.
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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
Conformity Assessment Bodies
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
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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
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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 to the total
lead content limits established by the
CPSIA for children’s products and
tested in accordance with CPSC–CH–
E1001–08, Standard Operating
Procedure for Determining Total Lead
(Pb) in Children’s Metal Products
(Including Children’s Metal Jewelry),
issued December 4, 2008, and/or CPSC–
CH–E1002–08, Standard Operating
Procedure for Determining Total Lead
(Pb) in Non-Metal Children’s Products,
issued February 1, 2009, based on
testing performed by an accredited third
party conformity assessment body
(including a government-owned
conformity assessment body, a
government controlled conformity
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assessment body, and a firewalled
conformity assessment body) if:
• At the time of product testing, the
product was tested by a third party
conformity assessment body that was
ISO/IEC 17025 accredited by an ILAC–
MRA member at the time of the test. For
firewalled conformity assessment
bodies, the firewalled conformity
assessment body must be one that the
Commission has accredited by order at
or before the time the product was
tested, even if the order did not include
the test methods specified in this notice.
If the third party conformity assessment
body has not been accredited by a
Commission order as a firewalled
conformity assessment body, the
Commission will not accept a certificate
of compliance based on testing
performed by the third party conformity
assessment body before it is accredited,
by Commission order, as a firewalled
conformity assessment body.
• The third party conformity
assessment body’s application for
testing for total lead content in
children’s products using the test
methods identified in this document is
accepted by the CPSC by December 31,
2009 or 30 days prior to the date the
Commission terminates the stay of
enforcement that was originally
announced in the Federal Register on
February 9, 2009 (74 FR 6396)
(whichever is the later date);
• The product was tested on or after
December 4, 2008 with respect to CPSC
test method CPSC–CH–E1001–08,
Standard Operating Procedure for
Determining Total Lead (Pb) in
Children’s Metal Products (Including
Children’s Metal Jewelry) and/or was
tested on or after February 1, 2009 with
respect to CPSC test method CPSC–CH–
E1002–08, Standard Operating
Procedure for Determining Total Lead
(Pb) in Non-Metal Children’s Products.
For example, a children’s product
constructed completely from metal
materials must be tested in accordance
with CPSC–CH–E1001–08. A children’s
product constructed completely from
non-metal materials must be tested in
accordance with CPSC–CH–E1002–08.
A children’s product constructed from a
combination of metal and non-metal
materials must be tested in accordance
with both test methods.
• The accreditation scope in effect for
the third party conformity assessment
body at that time expressly included
testing to the test method(s) identified
earlier in part I of this document;
• The test results show compliance
with the applicable current standards
and regulations (i.e., the total lead limits
in effect on the day the certification is
presented, rather than those in effect on
VerDate Nov<24>2008
15:20 Oct 28, 2009
Jkt 220001
the day that the testing was performed);
and
• The third party conformity
assessment body’s accreditation and
inclusion of the test method(s) for
determining total lead content
(identified earlier in part I of this
document) in its scope remain in effect
through the effective date for mandatory
third party testing and manufacturer/
private labeler certification for the total
lead limit requirements for children’s
products.
Dated: October 23, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. E9–26073 Filed 10–28–09; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DoD–2009–OS–0156]
Proposed Collection; Comment
Request
AGENCY: Office of the General Counsel,
Standards of Conduct Office, OSD, DoD.
ACTION: Notice.
SUMMARY: In compliance with Section
3506(c)(2)(A) of the Paperwork
Reduction Act of 1995, the Office of the
General Counsel, Standards of Conduct
Office, announces a public information
collection and seeks public comment on
the provisions thereof. Comments are
invited on: (a) Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
proposed information collection; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the information collection on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
DATES: Consideration will be given to all
comments received by December 28,
2009.
You may submit comments,
identified by docket number and title,
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 1160 Defense Pentagon,
Washington, DC 20301–1160.
ADDRESSES:
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
Instructions: All submissions received
must include the agency name, docket
number and title for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the Internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
FOR FURTHER INFORMATION CONTACT: To
request more information on this
proposed information collection or to
obtain a copy of the proposal and
associated collection instruments,
please write to the Office of the General
Counsel, Attn: Standards of Conduct
Office (Mr. Rishel), 1600 Defense
Pentagon, Suite 3B652, Washington, DC
20301–1600 at (703) 695–3422.
Title; Associated Form; and OMB
Number: Post Government Employment
Advice Opinion Request; OMB Control
Number 0704–TBD.
Needs and Uses: The information
collection requirement is necessary to
obtain minimal information on which to
base an opinion about post Government
employment of select former and
departing Department of Defense (DoD)
employees seeking to work for Defense
Contractors within two years after
leaving DoD. The departing or former
DoD employee uses the form to organize
and provide employment-related
information to an ethics official who
will use the information to render an
advisory opinion to the employee
requesting the opinion. The National
Defense Authorization Act of 2008,
Public Law 110–181, section 847,
https://www.dod.mil/dodgc/olc/docs/
pl110-181.pdf, requires that select DoD
officials and former DoD officials who,
within two years after leaving DoD,
expect to receive compensation from a
DoD contractor, shall, before accepting
such compensation, request a written
opinion regarding the applicability of
post-employment restrictions to
activities that the official or former
official may undertake on behalf of a
contractor.
Affected Public: Departing and former
DoD employees.
Annual Burden Hours: 300.
Number of Respondents: 200.
Responses per Respondent: 1.
Average Burden per Response: 90
minutes.
Frequency: On occasion.
SUPPLEMENTARY INFORMATION:
Summary of Information Collection
The National Defense Authorization
Act of 2008, Public Law 110–181,
E:\FR\FM\29OCN1.SGM
29OCN1
]]>Agencies
[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Notices]
[Pages 55820-55824]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26073]
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. CPSC-2009-0090]
Third Party Testing for Certain Children's Products; Notice of
Requirements for Accreditation of Third Party Conformity Assessment
Bodies to Assess Conformity with the Limits on Total Lead in Children's
Products
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of Requirements.
-----------------------------------------------------------------------
SUMMARY: The Consumer Product Safety Commission (``CPSC'' or
``Commission'')
[[Page 55821]]
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 the limits on
total lead in children's products. 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 the limits on total
lead in children's products are effective upon publication of this
notice in the Federal Register.
Comments in response to this notice of requirements should be
submitted by November 30, 2009. Comments on this notice should be
captioned ``Third Party Conformity Assessment Body Accreditation
Process for the Limits on Total Lead in Children's Products.''
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2009-
0090, 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 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 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. The details regarding those limited circumstances can be found
in part IV of this document below.
This notice provides the criteria and process for Commission
acceptance of accreditation of third party conformity assessment bodies
for testing pursuant to the following test methods:
CPSC-CH-E1001-08, Standard Operating Procedure for
Determining Total Lead (Pb) in Children's Metal Products (Including
Children's Metal Jewelry \1\), issued December 4, 2008, and
---------------------------------------------------------------------------
\1\ Due to the Commission's stay of enforcement that appeared in
the Federal Register on February 9, 2009 (74 FR 6396), at the time
when the stay of enforcement was published, only accessible,
metallic parts of children's metal jewelry were required to be
tested. When the stay of enforcement is lifted, all accessible parts
of children's metal jewelry, metals and non-metals, will need to
comply with the applicable regulations.
---------------------------------------------------------------------------
CPSC-CH-E1002-08, Standard Operating Procedure for
Determining Total Lead (Pb) in Non-Metal Children's Products, issued
February 1, 2009.
For measuring total lead content of homogeneous polymeric materials
(including natural and synthetic polymers or plastic materials in
children's consumer products), the methods for using x-ray fluorescence
spectrometry (XRF) described in CPSC-CH-E1002-08 may be used. Both
methods may be freely downloaded from the CPSC Web site at https://www.cpsc.gov/about/cpsia/labaccred.html.
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 test methods identified immediately above. The CPSC
acknowledges that the test methods for determining total lead content
are not, in themselves, rules, but we believe it is appropriate for the
notice of requirements to apply to the CPSC test methods because
section 101(g) of the CPSIA considers the lead content restrictions to
be ``a regulation of the Commission'' under the Federal Hazardous
Substances Act. Thus, the test methods would be used to assess
conformity with the lead requirements.
The CPSC also recognizes that 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
[[Page 55822]]
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.''
The CPSC also advises interested parties that, with respect to the
materials which the CPSC has determined not to exceed the lead content
limits specified in section 101(a) of the CPSIA, testing by third party
conformity assessment bodies is not required to support a finding that
a particular material is within the determinations. In the Federal
Register of August 26, 2009 (74 FR 43031), the CPSC issued a final rule
identifying those materials which do not exceed the lead content limits
specified in section 101(a) of the CPSIA (the ``determinations rule'').
For example, the determinations rule includes natural fibers, such as
cotton, in the determinations; this means that a cotton shirt would not
need to be tested by a third party conformity assessment body for lead,
and it also means that a third party conformity assessment body would
not need to test the cotton shirt to show that it is, indeed, made out
of cotton. The CPSC reminds interested parties that the obligation to
have third party conformity assessment bodies test children's products
exists in relation to ``children's product safety rules'' and that
section 14(f)(1) of the Consumer Product Safety Act (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.'' Section 3(a)(6) of the
CPSA, in turn, defines ``consumer product safety rule,'' in part, as a
consumer product safety standard * * * or a rule * * * declaring a
consumer product a banned hazardous product.'' The rule determining
that certain materials do not exceed the lead limits in section 101(a)
of the CPSIA is not a ``consumer product safety rule'' as defined by
section 3(a)(6) of the CPSA and, therefore, also is not a ``children's
product safety rule'' as defined by section 14(a)(1) of the CPSA.
Consequently, to continue using the example of a cotton shirt, the
cotton shirt manufacturer could decide, based on its own knowledge and
expertise regarding the materials used in its product, that its cotton
shirt is, indeed, made of cotton and within the determinations rule.
The cotton shirt manufacturer would not need to submit samples of its
cotton shirts to a third party conformity assessment body to determine
whether the shirts were made of cotton.
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 test
methods 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 October 29, 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 test methods
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 CPSC-CH-E1001-08,
Standard Operating Procedure for Determining Total Lead (Pb) in
Children's Metal Products (Including Children's Metal Jewelry), issued
December 4, 2008, and/or CPSC-CH-E1002-08, Standard Operating Procedure
for Determining Total Lead (Pb) in Non-Metal Children's Products,
issued February 1, 2009. 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 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.
[[Page 55823]]
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 test methods 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 Conformity
Assessment Bodies
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 to the total
lead content limits established by the CPSIA for children's products
and tested in accordance with CPSC-CH-E1001-08, Standard Operating
Procedure for Determining Total Lead (Pb) in Children's Metal Products
(Including Children's Metal Jewelry), issued December 4, 2008, and/or
CPSC-CH-E1002-08, Standard Operating Procedure for Determining Total
Lead (Pb) in Non-Metal Children's Products, issued February 1, 2009,
based on testing performed by an accredited third party conformity
assessment body (including a government-owned conformity assessment
body, a government controlled conformity
[[Page 55824]]
assessment body, and a firewalled conformity assessment body) if:
At the time of product testing, the product was tested by
a third party conformity assessment body that was ISO/IEC 17025
accredited by an ILAC-MRA member at the time of the test. For
firewalled conformity assessment bodies, the firewalled conformity
assessment body must be one that the Commission has accredited by order
at or before the time the product was tested, even if the order did not
include the test methods specified in this notice. If the third party
conformity assessment body has not been accredited by a Commission
order as a firewalled conformity assessment body, the Commission will
not accept a certificate of compliance based on testing performed by
the third party conformity assessment body before it is accredited, by
Commission order, as a firewalled conformity assessment body.
The third party conformity assessment body's application
for testing for total lead content in children's products using the
test methods identified in this document is accepted by the CPSC by
December 31, 2009 or 30 days prior to the date the Commission
terminates the stay of enforcement that was originally announced in the
Federal Register on February 9, 2009 (74 FR 6396) (whichever is the
later date);
The product was tested on or after December 4, 2008 with
respect to CPSC test method CPSC-CH-E1001-08, Standard Operating
Procedure for Determining Total Lead (Pb) in Children's Metal Products
(Including Children's Metal Jewelry) and/or was tested on or after
February 1, 2009 with respect to CPSC test method CPSC-CH-E1002-08,
Standard Operating Procedure for Determining Total Lead (Pb) in Non-
Metal Children's Products. For example, a children's product
constructed completely from metal materials must be tested in
accordance with CPSC-CH-E1001-08. A children's product constructed
completely from non-metal materials must be tested in accordance with
CPSC-CH-E1002-08. A children's product constructed from a combination
of metal and non-metal materials must be tested in accordance with both
test methods.
The accreditation scope in effect for the third party
conformity assessment body at that time expressly included testing to
the test method(s) identified earlier in part I of this document;
The test results show compliance with the applicable
current standards and regulations (i.e., the total lead limits in
effect on the day the certification is presented, rather than those in
effect on the day that the testing was performed); and
The third party conformity assessment body's accreditation
and inclusion of the test method(s) for determining total lead content
(identified earlier in part I of this document) in its scope remain in
effect through the effective date for mandatory third party testing and
manufacturer/private labeler certification for the total lead limit
requirements for children's products.
Dated: October 23, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E9-26073 Filed 10-28-09; 8:45 am]
BILLING CODE 6355-01-P
