Consumer Product Safety Act: Notice of Commission Action Lifting Stay of Enforcement of Certification Requirements for Certain Non-Children's Products, 81236-81237 [2010-32181]
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Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices
Additions
CONSUMER PRODUCT SAFETY
COMMISSION
If the Committee approves the
proposed additions, the entities of the
Federal Government identified in this
notice will be required to procure the
service and product listed below from
nonprofit agencies employing persons
who are blind or have other severe
disabilities.
Consumer Product Safety Act: Notice
of Commission Action Lifting Stay of
Enforcement of Certification
Requirements for Certain NonChildren’s Products
Regulatory Flexibility Act Certification
I certify that the following action will
not have a significant impact on a
substantial number of small entities.
The major factors considered for this
certification were:
1. If approved, the action will not
result in any additional reporting,
recordkeeping or other compliance
requirements for small entities other
than the small organizations that will
provide the product and service to the
Government.
2. If approved, the action will result
in authorizing small entities to provide
the product and service to the
Government.
3. There are no known regulatory
alternatives which would accomplish
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in
connection with the services proposed
for addition to the Procurement List.
Comments on this certification are
invited. Commenters should identify the
statement(s) underlying the certification
on which they are providing additional
information.
End of Certification
The following service and product are
proposed for addition to Procurement List for
production by the nonprofit agencies listed:
erowe on DSK5CLS3C1PROD with NOTICES
Services
Service Type/Location: Custodial Service,
USDA, APHIS, PPQ, Honolulu
International Airport, 300 Rodgers Blvd,
Honolulu, HI
NPA: Opportunities for the Retarded, Inc.,
Wahiawa, HI.
Contracting Activity: Animal and Plant
Health Inspection Service, Minneapolis,
MN.
Product
NSN: 6230–01–242–2016, Light Set, General
Illumination.
NPA: Arkansas Lighthouse for the Blind,
Little Rock, AR.
Contracting Activity: Defense Logistics
Agency, Aviation, Richmond, VA.
Coverage: B–List for 50% of the Department
of Defense requirement as aggregated by
the Defense Logistics Agency, Aviation,
Richmond, VA.
Barry S. Lineback,
Director, Business Operations.
[FR Doc. 2010–32331 Filed 12–23–10; 8:45 am]
BILLING CODE 6353–01–P
VerDate Mar<15>2010
15:15 Dec 23, 2010
Jkt 223001
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
The Consumer Product Safety
Commission (‘‘Commission,’’ ‘‘CPSC,’’ or
‘‘we’’) is announcing its decision to lift
its stay of enforcement of certain
certification provisions of section 14 of
the Consumer Product Safety Act
(‘‘CPSA’’), as amended by section 102(a)
of the Consumer Product Safety
Improvement Act of 2008 (‘‘CPSIA’’).
The Commission is taking this action
with respect to non-children’s products
subject to CPSC regulations pertaining
to vinyl plastic film, carpets and rugs,
and clothing textiles.
DATES: The stay of enforcement of the
certification provisions of section 14 of
the CPSA expires for non-children’s
products subject to CPSC regulations
pertaining to vinyl plastic film, carpets
and rugs, and clothing textiles on
January 26, 2011.
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: In the
Federal Register of February 9, 2009 (74
FR 6396), the Commission announced
that it would stay its enforcement with
respect to certain testing and
certification requirements in sections
14(a)(1), (a)(2), and (a)(3) of the CPSA,
as amended by section 102 of the
CPSIA.
In brief, sections 14(a)(1) and (a)(2) of
the CPSA establish testing and
certification requirements for most
consumer products regulated by or
under the statutes enforced by the
Commission, including children’s
products. Section 14(a)(1) of the CPSA
requires every manufacturer of a
product (and the private labeler of such
product if such product bears a private
label) that is subject to a consumer
product safety rule under the CPSA, or
a similar rule, ban, standard, or
regulation under any other law enforced
by the Commission, and which is
imported for consumption or
warehousing or distributed in
commerce, to issue a certificate. The
manufacturer must certify, based on a
SUMMARY:
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
test of each product, or upon a
reasonable testing program, that the
product complies with all rules, bans,
standards, or regulations applicable to
the product under the CPSA or any
other law enforced by the Commission.
The certificate must specify each such
rule, ban, standard, or regulation
applicable to the product.
For children’s products, section
14(a)(2) of the CPSA states that, before
importing for consumption or
warehousing or distributing in
commerce any children’s product that is
subject to a children’s product safety
rule, the manufacturer (and the private
labeler if the children’s product bears a
private label) must submit sufficient
samples of the children’s product, or
samples that are identical in all material
respects to the product, to a third party
conformity assessment body accredited
by the Commission under section
14(a)(3) of the CPSA (‘‘CPSC-accepted
third party laboratory’’). (Section 3(a)(2)
of the CPSA defines ‘‘children’s
product,’’ in relevant part, as ‘‘a
consumer product designed or intended
primarily for children 12 years of age or
younger.’’) The CPSC-accepted third
party laboratory must test the children’s
product for compliance with such
children’s product safety rule. Based on
the testing, the manufacturer (or private
labeler) must certify that the children’s
product complies with the children’s
product safety rule.
Section 14(a)(3) of the CPSA
establishes a schedule for implementing
third party testing and includes a
timeline for the accreditation of third
party conformity assessment bodies.
Section 14(a)(3)(A) of the CPSA states
that the third party testing requirement
applies to any children’s product
manufactured more than 90 days after
the Commission has established and
published a ‘‘notice of requirements’’ for
the accreditation of third party
conformity assessment bodies to assess
conformity with a children’s product
safety rule.
In the Federal Register of December
28, 2009 (74 FR 68588), the Commission
revised the terms of the stay of
enforcement on the CPSIA’s testing and
certification requirements. We
announced when the stay would lift for
certain testing and certification
requirements and detailed how the
other testing and certification
requirements would be implemented or
otherwise become effective. Part II.D of
the December 28, 2009 notice discussed,
in part, consumer products for which
the Commission was continuing the stay
of enforcement until further notice. We
stated that, ‘‘[d]ue to factors such as
pending rulemaking proceedings
E:\FR\FM\27DEN1.SGM
27DEN1
Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices
affecting the product or the absence of
a notice of requirements for the
children’s product, the Commission has
decided to continue the stay of
enforcement for consumer products or
children’s products listed below.’’ 74 FR
at 68591. We noted that the stay on
CPSIA testing and certification did not
extend to compliance with the
applicable mandatory safety
requirements; thus, the stay did not
extend to guarantees under the
Flammable Fabrics Act. 74 FR at 68589,
68591. The products identified in part
II.D of the December 28, 2009 notice
included:
• Carpets and rugs (16 CFR parts 1630 and
1631);
• Vinyl plastic film (16 CFR part 1611);
and
• Wearing apparel (16 CFR part 1610).
74 FR at 68591. The Commission also
explained that:
The Commission intends to require testing
and certification of these products once it
completes the rulemakings associated with
the products, issues notices of requirements,
or otherwise resolves the issues that have
warranted a continuation of the stay of
enforcement for the products.
74 FR at 68591 through 68592.
In July and August 2010, the
Commission issued notices of
requirements for these products. The
notice of requirements pertaining to
vinyl plastic film and carpets and rugs
appeared in the Federal Register of July
21, 2010. 75 FR 42311 (vinyl plastic
film); 75 FR 42315 (carpets and rugs).
The notice of requirements pertaining to
clothing textiles (referred to as ‘‘wearing
apparel’’ in the December 28, 2009
notice) appeared in the Federal Register
of August 18, 2010. 75 FR 51016. Each
notice of requirements described the
stay of enforcement and then declared
that the publication of the notice of
requirements had the effect of lifting the
stay of enforcement. For example, in the
notice of requirements pertaining to
clothing textiles, the Commission stated:
erowe on DSK5CLS3C1PROD with NOTICES
As the factor preventing the stay from
being lifted in the December 28, 2009, notice
with regard to testing and certifications of
clothing textiles was the absence of a notice
of requirements, publication of this notice
has the effect of lifting the stay with regard
to 16 CFR part 1610.
75 FR at 51018. In relation to lifting the
stay, each notice of requirements also
described when manufacturers of
children’s products subject to the
respective regulations would be
required to certify their products based
on third party testing.
Recently, various parties have
contacted CPSC staff to ask whether the
stay of enforcement had been lifted with
VerDate Mar<15>2010
15:15 Dec 23, 2010
Jkt 223001
respect to non-children’s products
subject to the cited CPSC regulations
pertaining to vinyl plastic film, carpets
and rugs, and clothing textiles.
Although some manufacturers
interpreted the notices of requirements
as lifting the stay of enforcement with
respect to both non-children’s and
children’s products, others interpreted
the text as applying only to children’s
products. Other parties informed CPSC
staff that they did not consider reading
the notices of requirements for
information relevant to manufacturers
because the notices of requirements
provide the criteria and process for
Commission acceptance of accreditation
of third party laboratories for testing
pursuant to CPSC regulations.
Given the apparent confusion about
whether the stay of enforcement for
non-children’s products subject to the
cited CPSC regulations pertaining to
vinyl plastic film, carpets and rugs, and
clothing textiles has been lifted, the
Commission, through this notice, is
announcing that the stay of enforcement
pertaining to the certification under
section 14(a)(1) of the CPSA for nonchildren’s products will be lifted as of
January 26, 2011. Thus, after January 26,
2011, every manufacturer of a nonchildren’s product (and the private
labeler of such product if such product
bears a private label) subject to CPSC
regulations pertaining to:
• Carpets and rugs (16 CFR parts 1630
and 1631),
• Vinyl plastic film (16 CFR part
1611) or
• Wearing apparel (16 CFR part
1610),
whose product is imported for
consumption or warehousing or
distributed in commerce, must issue a
certificate for that product. (The term
‘‘manufacturer’’ includes importers (see
16 CFR part 1110).)
Dated: December 17, 2010.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2010–32181 Filed 12–23–10; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DOD–2010–OS–0171]
Proposed Collection; Comment
Request
Office of the Under Secretary of
Defense (Personnel and Readiness),
DoD.
ACTION: Notice.
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
81237
In compliance with Section
3506(c)(2)(A) of the Paperwork
Reduction Act of 1995, the Office of the
Under Secretary of Defense (Personnel
and Readiness) announces the following
proposed reinstatement of 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 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 February 25,
2011.
ADDRESSES: 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, Room 3C843, 1160
Defense Pentagon, Washington, DC
20301–1160.
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 Under
Secretary of Defense (Personnel and
Readiness)(Military Personnel Policy)/
Accession Policy, Attn: Major Arturo
Roque, or call (703) 695–5527.
Title, Associated Form, and OMB
Control Number: Request for
Verification of Birth, DD Form 372,
OMB Control Number: 0704–0006.
Needs and Uses: Title 10, USC 505,
532, 3253, and 8253, require applicants
meet minimum and maximum age and
citizenship requirements for enlistment
into the Armed Forces (including the
Coast Guard). If an applicant is unable
SUMMARY:
E:\FR\FM\27DEN1.SGM
27DEN1
]]>Agencies
[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Notices]
[Pages 81236-81237]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32181]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
Consumer Product Safety Act: Notice of Commission Action Lifting
Stay of Enforcement of Certification Requirements for Certain Non-
Children's Products
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Consumer Product Safety Commission (``Commission,''
``CPSC,'' or ``we'') is announcing its decision to lift its stay of
enforcement of certain certification provisions of section 14 of the
Consumer Product Safety Act (``CPSA''), as amended by section 102(a) of
the Consumer Product Safety Improvement Act of 2008 (``CPSIA''). The
Commission is taking this action with respect to non-children's
products subject to CPSC regulations pertaining to vinyl plastic film,
carpets and rugs, and clothing textiles.
DATES: The stay of enforcement of the certification provisions of
section 14 of the CPSA expires for non-children's products subject to
CPSC regulations pertaining to vinyl plastic film, carpets and rugs,
and clothing textiles on January 26, 2011.
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: In the Federal Register of February 9, 2009
(74 FR 6396), the Commission announced that it would stay its
enforcement with respect to certain testing and certification
requirements in sections 14(a)(1), (a)(2), and (a)(3) of the CPSA, as
amended by section 102 of the CPSIA.
In brief, sections 14(a)(1) and (a)(2) of the CPSA establish
testing and certification requirements for most consumer products
regulated by or under the statutes enforced by the Commission,
including children's products. Section 14(a)(1) of the CPSA requires
every manufacturer of a product (and the private labeler of such
product if such product bears a private label) that is subject to a
consumer product safety rule under the CPSA, or a similar rule, ban,
standard, or regulation under any other law enforced by the Commission,
and which is imported for consumption or warehousing or distributed in
commerce, to issue a certificate. The manufacturer must certify, based
on a test of each product, or upon a reasonable testing program, that
the product complies with all rules, bans, standards, or regulations
applicable to the product under the CPSA or any other law enforced by
the Commission. The certificate must specify each such rule, ban,
standard, or regulation applicable to the product.
For children's products, section 14(a)(2) of the CPSA states that,
before importing for consumption or warehousing or distributing in
commerce any children's product that is subject to a children's product
safety rule, the manufacturer (and the private labeler if the
children's product bears a private label) must submit sufficient
samples of the children's product, or samples that are identical in all
material respects to the product, to a third party conformity
assessment body accredited by the Commission under section 14(a)(3) of
the CPSA (``CPSC-accepted third party laboratory''). (Section 3(a)(2)
of the CPSA defines ``children's product,'' in relevant part, as ``a
consumer product designed or intended primarily for children 12 years
of age or younger.'') The CPSC-accepted third party laboratory must
test the children's product for compliance with such children's product
safety rule. Based on the testing, the manufacturer (or private
labeler) must certify that the children's product complies with the
children's product safety rule.
Section 14(a)(3) of the CPSA establishes a schedule for
implementing third party testing and includes a timeline for the
accreditation of third party conformity assessment bodies. Section
14(a)(3)(A) of the CPSA states that the third party testing requirement
applies to any children's product manufactured more than 90 days after
the Commission has established and published a ``notice of
requirements'' for the accreditation of third party conformity
assessment bodies to assess conformity with a children's product safety
rule.
In the Federal Register of December 28, 2009 (74 FR 68588), the
Commission revised the terms of the stay of enforcement on the CPSIA's
testing and certification requirements. We announced when the stay
would lift for certain testing and certification requirements and
detailed how the other testing and certification requirements would be
implemented or otherwise become effective. Part II.D of the December
28, 2009 notice discussed, in part, consumer products for which the
Commission was continuing the stay of enforcement until further notice.
We stated that, ``[d]ue to factors such as pending rulemaking
proceedings
[[Page 81237]]
affecting the product or the absence of a notice of requirements for
the children's product, the Commission has decided to continue the stay
of enforcement for consumer products or children's products listed
below.'' 74 FR at 68591. We noted that the stay on CPSIA testing and
certification did not extend to compliance with the applicable
mandatory safety requirements; thus, the stay did not extend to
guarantees under the Flammable Fabrics Act. 74 FR at 68589, 68591. The
products identified in part II.D of the December 28, 2009 notice
included:
Carpets and rugs (16 CFR parts 1630 and 1631);
Vinyl plastic film (16 CFR part 1611); and
Wearing apparel (16 CFR part 1610).
74 FR at 68591. The Commission also explained that:
The Commission intends to require testing and certification of
these products once it completes the rulemakings associated with the
products, issues notices of requirements, or otherwise resolves the
issues that have warranted a continuation of the stay of enforcement
for the products.
74 FR at 68591 through 68592.
In July and August 2010, the Commission issued notices of
requirements for these products. The notice of requirements pertaining
to vinyl plastic film and carpets and rugs appeared in the Federal
Register of July 21, 2010. 75 FR 42311 (vinyl plastic film); 75 FR
42315 (carpets and rugs). The notice of requirements pertaining to
clothing textiles (referred to as ``wearing apparel'' in the December
28, 2009 notice) appeared in the Federal Register of August 18, 2010.
75 FR 51016. Each notice of requirements described the stay of
enforcement and then declared that the publication of the notice of
requirements had the effect of lifting the stay of enforcement. For
example, in the notice of requirements pertaining to clothing textiles,
the Commission stated:
As the factor preventing the stay from being lifted in the
December 28, 2009, notice with regard to testing and certifications
of clothing textiles was the absence of a notice of requirements,
publication of this notice has the effect of lifting the stay with
regard to 16 CFR part 1610.
75 FR at 51018. In relation to lifting the stay, each notice of
requirements also described when manufacturers of children's products
subject to the respective regulations would be required to certify
their products based on third party testing.
Recently, various parties have contacted CPSC staff to ask whether
the stay of enforcement had been lifted with respect to non-children's
products subject to the cited CPSC regulations pertaining to vinyl
plastic film, carpets and rugs, and clothing textiles. Although some
manufacturers interpreted the notices of requirements as lifting the
stay of enforcement with respect to both non-children's and children's
products, others interpreted the text as applying only to children's
products. Other parties informed CPSC staff that they did not consider
reading the notices of requirements for information relevant to
manufacturers because the notices of requirements provide the criteria
and process for Commission acceptance of accreditation of third party
laboratories for testing pursuant to CPSC regulations.
Given the apparent confusion about whether the stay of enforcement
for non-children's products subject to the cited CPSC regulations
pertaining to vinyl plastic film, carpets and rugs, and clothing
textiles has been lifted, the Commission, through this notice, is
announcing that the stay of enforcement pertaining to the certification
under section 14(a)(1) of the CPSA for non-children's products will be
lifted as of January 26, 2011. Thus, after January 26, 2011, every
manufacturer of a non-children's product (and the private labeler of
such product if such product bears a private label) subject to CPSC
regulations pertaining to:
Carpets and rugs (16 CFR parts 1630 and 1631),
Vinyl plastic film (16 CFR part 1611) or
Wearing apparel (16 CFR part 1610),
whose product is imported for consumption or warehousing or distributed
in commerce, must issue a certificate for that product. (The term
``manufacturer'' includes importers (see 16 CFR part 1110).)
Dated: December 17, 2010.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2010-32181 Filed 12-23-10; 8:45 am]
BILLING CODE 6355-01-P
