Third Party Testing for Certain Children's Products; Notice of Requirements for Accreditation of Third Party Conformity Assessment Bodies To Assess Conformity With Part 1505 and/or § 1500.86(a)(5) of Title 16, Code of Federal Regulations, 22746-22749 [2010-9842]
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22746
Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices
MO
Contracting Activity: GENERAL SERVICES
ADMINISTRATION, PUBLIC
BUILDINGS SERVICE, ST. LOUIS, MO
Service Type/Location: Mail Services, DFAS
Retirement & Annuity Section
(Cleveland, OH), AWRC, 2762 Rand
Road, Indianapolis, IN
NPA: Anthony Wayne Rehabilitation Ctr for
Handicapped and Blind, Inc., Fort
Wayne, IN
Contracting Activity: DEFENSE FINANCE
AND ACCOUNTING SERVICE (DFAS),
CONTRACT SERVICES DIRECTORATE,
COLUMBUS, OH
Barry S. Lineback,
Director, Business Operations.
[FR Doc. 2010–10120 Filed 4–29–10; 8:45 am]
BILLING CODE 6353–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. CPSC–2010–0035]
Third Party Testing for Certain
Children’s Products; Notice of
Requirements for Accreditation of
Third Party Conformity Assessment
Bodies To Assess Conformity With
Part 1505 and/or § 1500.86(a)(5) of Title
16, Code of Federal Regulations
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
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 electrically
operated toys or other electrically
operated articles intended for use by
children, and/or clacker balls. The
Commission is issuing this notice of
requirements pursuant to section
14(a)(3)(B)(vi) of the Consumer Product
Safety Act (CPSA) (15 U.S.C.
2063(a)(3)(B)(vi)).
DATES: Effective Date: The requirements
for accreditation of third party
conformity assessment bodies to assess
conformity with 16 CFR part 1505 and/
or 16 CFR 1500.86(a)(5) are effective
upon publication of this notice in the
Federal Register.
Comments in response to this notice
of requirements should be submitted by
June 1, 2010. Comments on this notice
should be captioned ‘‘Notice of
Requirements for Accreditation of Third
Party Conformity Assessment Bodies to
Assess Conformity With Part 1505 and/
or § 1500.86(a)(5) of Title 16, Code of
Federal Regulations.’’
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You may submit comments,
identified by Docket No. CPSC–2010–
0035 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 ways:
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 820, 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. All
comments received may be posted
without change to https://
www.regulations.gov, including any
personal information provided. Do not
submit confidential business
information, trade secret information, or
other sensitive or protected information
(such as a social security number)
electronically; if furnished at all, 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.
ADDRESSES:
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; email rhowell@cpsc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
Section 14(a)(3)(B)(vi) of the CPSA, 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 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
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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 a notice of the
requirements for accreditation, 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. 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 based on product
testing conducted before the third party
conformity assessment body is accepted
as accredited by the CPSC. 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:
• The test methods for electrically
operated toys or other electrically
operated articles intended for use by
children at 16 CFR Part 1505,
Requirements for Electrically Operated
Toys or Other Electrically Operated
Articles Intended for Use By Children.
• The test method for clacker balls at
16 CFR 1500.86(a)(5), Exemptions From
Classification as a Banned Toy or Other
Banned Article for use by Children.
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 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
requiring a notice of requirements for
‘‘all’’ other children’s product safety
rules, rather than a notice of
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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)/International
Electrotechnical Commission (IEC)
Standard 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 Regulations),’’ dated
November 2008 and available on the
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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 at https://www.cpsc.gov/
ABOUT/Cpsia/labaccred.html.
The Commission notes 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 applied to the testing that
would result from this notice of
requirements. On December 28, 2009,
the Commission published a notice in
the Federal Register (74 FR 68588)
revising the terms of the stay. One
section of the December 28, 2009 notice
addressed ‘‘Consumer Products or
Children’s Products Where the
Commission Is Continuing the Stay of
Enforcement Until Further Notice,’’ due
to factors such as pending rulemaking
proceedings affecting the product or the
absence of a notice of requirements. The
testing requirements contained in the
regulations at 16 CFR Part 1505 and 16
CFR 1500.86(a)(5) were included in that
section of the December 28, 2009 notice.
As the factor preventing the stay from
being lifted in the December 28, 2009
notice with regard to testing and
certifications related to 16 CFR part
1505 and/or 16 CFR 1500.86(a)(5) was
the absence of a notice of requirements,
publication of this notice has the effect
of lifting the stay with regard to these
CPSC regulations.
This notice of requirements is
effective on April 30, 2010. Further, as
the publication of this notice of
requirements effectively lifts the stay of
enforcement with regard to testing and
certifications related to 16 CFR part
1505 and/or 16 CFR 1500.86(a)(5), each
manufacturer (including the importer)
or private labeler of a product subject to
16 CFR part 1505 and/or 16 CFR
1500.86(a)(5), must have any such
product manufactured after July 29,
2010 tested by a third party conformity
assessment body accredited to do so and
must issue a certificate of compliance
with 16 CFR part 1505 and/or 16 CFR
1500.86(a)(5) based on that testing.
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))).
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22747
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 the test
method for clacker balls included in 16
CFR 1500.86(a)(5), Exemptions from
classification as a banned toy or other
banned article for use by children, and/
or the test methods for electrically
operated toys or other electrically
operated articles intended for use by
children described in 16 CFR part 1505,
Requirements for Electrically Operated
Toys or Other Electrically Operated
Articles Intended for Use By Children. 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.
Subject to the limited provisions for
acceptance of ‘‘retrospective’’ testing
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
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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
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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/about/cpsia/
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/about/cpsia/
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
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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
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 the
standards for clacker balls included in
16 CFR 1500.86(a)(5), Exemptions from
classification as a banned toy or other
banned article for use by children, and/
or the standards for electrically operated
toys or other electrically operated
articles intended for use by children
described in 16 CFR part 1505,
Requirements for Electrically Operated
Toys or Other Electrically Operated
Articles Intended for Use By Children,
based on testing performed by an
accredited third party conformity
assessment body (including a
government-owned or -controlled
conformity assessment body, and a
firewalled conformity assessment body)
prior to the Commission’s acceptance of
its accreditation 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 accredited by order at or
before the time the product was tested,
even though the order will not have
included 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.
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• The third party conformity
assessment body’s application for
testing using the test methods identified
in this notice is accepted by the CPSC
on or before June 29, 2010;
• The product was tested on or after
April 30, 2010 with respect to the
regulations identified in this notice.
• The accreditation scope in effect for
the third party conformity assessment
body at the time of testing expressly
included testing to the regulations
identified earlier in part I of this
document;
• The test results show compliance
with the applicable current standards
and regulations; and
• The third party conformity
assessment body’s accreditation,
including inclusion in its scope the
standards described in part I of this
notice, remains in effect through the
effective date for mandatory third party
testing and manufacturer/private labeler
certification for conformity with 16 CFR
part 1505 and/or 16 CFR 1500.86(a)(5).
Dated: April 21, 2010.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2010–9842 Filed 4–29–10; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket No. DOD–2009–OS–0165]
Submission for OMB Review;
Comment Request
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
ACTION:
Notice.
The Department of Defense has
submitted to OMB for clearance, the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
DATES: Consideration will be given to all
comments received by June 1, 2010.
Title and OMB Number: Police Record
Check; DD Form 369, OMB Number
0704–0007.
Type of Request: Extension.
Number of Respondents: 175,000.
Responses per Respondent: 1.
Annual Responses: 175,000.
Average Burden per Response: 27
minutes.
Annual Burden Hours: 78,750 hours.
Needs and Uses: This information
collection requirement is necessary to
obtain information about arrests and
criminal records on applicants to the
Armed Forces of the United States. The
DD Form 369, Police Records Check, is
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13:41 Apr 29, 2010
Jkt 220001
used to identify any disqualifying
history regarding arrests or convictions.
Affected Public: State, local, or tribal
government.
Frequency: On occasion.
Respondent’s Obligation: Required to
obtain or retain benefits.
OMB Desk Officer: Ms. Jasmeet
Seehra.
Written comments and
recommendations on the proposed
information collection should be sent to
Ms. Seehra at the Office of Management
and Budget, Desk Officer for DoD, Room
10236, New Executive Office Building,
Washington, DC 20503.
You may also submit comments,
identified by docket number and title,
by the following method:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
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.
DOD Clearance Officer: Ms. Patricia
Toppings.
Written requests for copies of the
information collection proposal should
be sent to Ms. Toppings at WHS/ESD/
Information Management Division, 1777
North Kent Street, RPN, Suite 11000,
Arlington, VA 22209–2133.
Dated: April 27, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2010–10133 Filed 4–29–10; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket No. DoD–2009–OS–0190]
Submission for OMB Review;
Comment Request
ACTION:
Notice.
The Department of Defense has
submitted to OMB for clearance, the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
DATES: Consideration will be given to all
comments received by June 1, 2010.
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Title and OMB Number: Application
for a Review by the Physical Disability
Board of Review of the Rating for a
Medical Separation from the Armed
Forces of the United States; DD Form
294; OMB Number 0704–0453.
Type of Request: Extension.
Number of Respondents: 1,800.
Responses per Respondent: 1.
Annual Responses: 1,800.
Average Burden per Response: 45
minutes.
Annual Burden Hours: 1,350 hours.
Needs and Uses: The information
collection requirement is necessary to
have former members who were
separated from the armed forces from
between September 11, 2001 and
December 31, 2009 due to unfitness for
duty due to a medical condition with a
disability rating of 20 percent disabled
or less; and were found to be not eligible
for retirement request a review of that
determinations in accordance with the
provisions of 10 United States Code
Section 1554a.
Affected Public: Individuals or
households.
Frequency: On occasion.
Respondent’s Obligation: Required to
obtain or retain benefits.
OMB Desk Officer: Ms. Jasmeet
Seehra.
Written comments and
recommendations on the proposed
information collection should be sent to
Ms. Seehra at the Office of Management
and Budget, Desk Officer for DoD, Room
10236, New Executive Office Building,
Washington, DC 20503.
You may also submit comments,
identified by docket number and title,
by the following method:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
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.
DOD Clearance Officer: Ms. Patricia
Toppings.
Written requests for copies of the
information collection proposal should
be sent to Ms. Toppings at WHS/ESD/
Information Management Division, 1777
North Kent Street, RPN, Suite 11000,
Arlington, VA 22209–2133.
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]]>Agencies
[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Notices]
[Pages 22746-22749]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9842]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. CPSC-2010-0035]
Third Party Testing for Certain Children's Products; Notice of
Requirements for Accreditation of Third Party Conformity Assessment
Bodies To Assess Conformity With Part 1505 and/or Sec. 1500.86(a)(5)
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 electrically operated toys or other electrically operated
articles intended for use by children, and/or clacker balls. The
Commission is issuing this notice of requirements pursuant to section
14(a)(3)(B)(vi) of the Consumer Product Safety Act (CPSA) (15 U.S.C.
2063(a)(3)(B)(vi)).
DATES: Effective Date: The requirements for accreditation of third
party conformity assessment bodies to assess conformity with 16 CFR
part 1505 and/or 16 CFR 1500.86(a)(5) are effective upon publication of
this notice in the Federal Register.
Comments in response to this notice of requirements should be
submitted by June 1, 2010. Comments on this notice should be captioned
``Notice of Requirements for Accreditation of Third Party Conformity
Assessment Bodies to Assess Conformity With Part 1505 and/or Sec.
1500.86(a)(5) of Title 16, Code of Federal Regulations.''
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2010-
0035 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
ways: 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 820, 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. All comments received may be posted
without change to https://www.regulations.gov, including any personal
information provided. Do not submit confidential business information,
trade secret information, or other sensitive or protected information
(such as a social security number) electronically; if furnished at all,
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
Section 14(a)(3)(B)(vi) of the CPSA, 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 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 a notice of the requirements for
accreditation, 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. 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 based on product testing conducted before
the third party conformity assessment body is accepted as accredited by
the CPSC. 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:
The test methods for electrically operated toys or other
electrically operated articles intended for use by children at 16 CFR
Part 1505, Requirements for Electrically Operated Toys or Other
Electrically Operated Articles Intended for Use By Children.
The test method for clacker balls at 16 CFR 1500.86(a)(5),
Exemptions From Classification as a Banned Toy or Other Banned Article
for use by Children.
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 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 requiring a notice of requirements for
``all'' other children's product safety rules, rather than a notice of
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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)/International Electrotechnical
Commission (IEC) Standard 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
Regulations),'' 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
at https://www.cpsc.gov/ABOUT/Cpsia/labaccred.html.
The Commission notes 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 applied to
the testing that would result from this notice of requirements. On
December 28, 2009, the Commission published a notice in the Federal
Register (74 FR 68588) revising the terms of the stay. One section of
the December 28, 2009 notice addressed ``Consumer Products or
Children's Products Where the Commission Is Continuing the Stay of
Enforcement Until Further Notice,'' due to factors such as pending
rulemaking proceedings affecting the product or the absence of a notice
of requirements. The testing requirements contained in the regulations
at 16 CFR Part 1505 and 16 CFR 1500.86(a)(5) were included in that
section of the December 28, 2009 notice. As the factor preventing the
stay from being lifted in the December 28, 2009 notice with regard to
testing and certifications related to 16 CFR part 1505 and/or 16 CFR
1500.86(a)(5) was the absence of a notice of requirements, publication
of this notice has the effect of lifting the stay with regard to these
CPSC regulations.
This notice of requirements is effective on April 30, 2010.
Further, as the publication of this notice of requirements effectively
lifts the stay of enforcement with regard to testing and certifications
related to 16 CFR part 1505 and/or 16 CFR 1500.86(a)(5), each
manufacturer (including the importer) or private labeler of a product
subject to 16 CFR part 1505 and/or 16 CFR 1500.86(a)(5), must have any
such product manufactured after July 29, 2010 tested by a third party
conformity assessment body accredited to do so and must issue a
certificate of compliance with 16 CFR part 1505 and/or 16 CFR
1500.86(a)(5) based on that testing.
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 the test method for
clacker balls included in 16 CFR 1500.86(a)(5), Exemptions from
classification as a banned toy or other banned article for use by
children, and/or the test methods for electrically operated toys or
other electrically operated articles intended for use by children
described in 16 CFR part 1505, Requirements for Electrically Operated
Toys or Other Electrically Operated Articles Intended for Use By
Children. 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. Subject to the limited
provisions for acceptance of ``retrospective'' testing 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
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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/about/cpsia/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/about/
cpsia/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 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 the
standards for clacker balls included in 16 CFR 1500.86(a)(5),
Exemptions from classification as a banned toy or other banned article
for use by children, and/or the standards for electrically operated
toys or other electrically operated articles intended for use by
children described in 16 CFR part 1505, Requirements for Electrically
Operated Toys or Other Electrically Operated Articles Intended for Use
By Children, based on testing performed by an accredited third party
conformity assessment body (including a government-owned or -controlled
conformity assessment body, and a firewalled conformity assessment
body) prior to the Commission's acceptance of its accreditation 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 accredited by order at
or before the time the product was tested, even though the order will
not have included 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.
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The third party conformity assessment body's application
for testing using the test methods identified in this notice is
accepted by the CPSC on or before June 29, 2010;
The product was tested on or after April 30, 2010 with
respect to the regulations identified in this notice.
The accreditation scope in effect for the third party
conformity assessment body at the time of testing expressly included
testing to the regulations identified earlier in part I of this
document;
The test results show compliance with the applicable
current standards and regulations; and
The third party conformity assessment body's
accreditation, including inclusion in its scope the standards described
in part I of this notice, remains in effect through the effective date
for mandatory third party testing and manufacturer/private labeler
certification for conformity with 16 CFR part 1505 and/or 16 CFR
1500.86(a)(5).
Dated: April 21, 2010.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2010-9842 Filed 4-29-10; 8:45 am]
BILLING CODE 6355-01-P
