Consumer Product Safety Act: Notice of Commission Action on the Stay of Enforcement of Testing and Certification Requirements, 6765-6766 [2011-2704]

Download as PDF Federal Register / Vol. 76, No. 26 / Tuesday, February 8, 2011 / Notices distributed at the roundtable and the list of the roundtable participants for the roundtable and their associations will also be posted on the USPTO’s Internet Web site. Maryland 20814; e-mail rhowell@cpsc.gov. Dated: January 28, 2011. David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. Section 14 of the CPSA requires that every manufacturer of a product (and the private labeler, if the product bears a private label) that is subject to a consumer product safety rule, ban, standard, or regulation enforced by the Commission certify, based on testing, that its product complies with the applicable safety rule, ban, standard, or regulation. For nonchildren’s products, the certification must be based on a test of each product or a reasonable testing program. For children’s products, the certification must be based on testing conducted by a CPSC-accepted third party conformity assessment body (laboratory). On February 9, 2009, the Commission published a notice in the Federal Register, staying enforcement of many of the testing and certification requirements, including the requirements related to total lead in children’s products (other than the lead content of metal components of children’s metal jewelry). 74 FR 6396, 6397. The Commission committed to the stay for one year, explaining that the stay was necessary to ‘‘give us the time needed to develop sound rules and requirements as well as implement outreach efforts to explain these [new] requirements of the CPSIA and their applicability.’’ 74 FR at 6398. With regard to lead content in metal components of children’s metal jewelry, the Commission stated that certifications based on third party testing would be required for such products manufactured after March 23, 2009. 74 FR at 6397. On December 28, 2009, the Commission published a notice in the Federal Register, revising the terms of the stay. 74 FR 68588. In that notice, the Commission lifted the stay for some CPSC regulations and extended the stay for other CPSC regulations. Relevant for present purposes, the Commission stated that it ‘‘plans to keep the stay in effect for total lead content in metal children’s products and in non-metal children’s products * * * (section 101 of the CPSIA) until February 10, 2011.’’ 74 FR at 68591. The December 28, 2009, notice did not affect certifications and testing of lead content in metal components of children’s metal jewelry; the stay pertaining to those products had expired on March 23, 2009. 74 FR at 68589. The Commission also published two notices concerning discrete stays of [FR Doc. 2011–2661 Filed 2–7–11; 8:45 am] BILLING CODE 3510–16–P CONSUMER PRODUCT SAFETY COMMISSION Consumer Product Safety Act: Notice of Commission Action on the Stay of Enforcement of Testing and Certification Requirements Consumer Product Safety Commission. ACTION: Revision of terms of stay of enforcement. AGENCY: The Consumer Product Safety Commission (‘‘CPSC’’ or ‘‘Commission’’ or ‘‘we’’) is announcing its decision to revise the terms of its stay of enforcement of certain testing and certification provisions of section 14 of the Consumer Product Safety Act (‘‘CPSA’’) as amended by section 102 of the Consumer Product Safety Improvement Act of 2008 (‘‘CPSIA’’). Through this notice, the Commission announces an extension of the stay of enforcement pertaining to total lead content in children’s products (except for metal components of children’s metal jewelry), and certain related products, until December 31, 2011.1 DATES: The stay of enforcement pertaining to total lead content in children’s products (except for metal components of children’s metal jewelry), and certain related products, is extended until December 31, 2011, upon which date the stay will expire. FOR FURTHER INFORMATION CONTACT: Robert ‘‘Jay’’ Howell, Acting Assistant Executive Director for the Office of Compliance and Field Operations, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, srobinson on DSKHWCL6B1PROD with NOTICES SUMMARY: 1 The Commission voted 4–1 to approve publication of this notice. Chairman Inez M. Tenenbaum, Commissioner Thomas H. Moore, Commissioner Nancy Nord, and Commissioner Anne M. Northup voted for the publication of the notice with changes. Commissioner Robert S. Adler voted against publication of the notice. Chairman Tenenbaum, Commissioner Northup, and Commissioner Adler filed statements concerning this vote. The statements may be viewed on the Commission’s Web site at https://www.cpsc.gov/pr/ statements.html. VerDate Mar<15>2010 18:16 Feb 07, 2011 Jkt 223001 SUPPLEMENTARY INFORMATION: I. Background PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 6765 enforcement related to lead content. On May 12, 2009, the Commission published a notice staying enforcement with regard to the lead content in certain parts and youth motorized vehicles that contain those parts. 74 FR 22154. The notice announced that the stay would remain in effect until May 1, 2011. Id. Specifically, the Commission stayed enforcement of the specified lead level as it pertains to certain parts of youth all-terrain vehicles, youth off-road motorcycles, and youth snowmobiles (‘‘Youth Motorized Recreational Vehicles’’ or ‘‘Vehicles’’), specifically battery terminals containing up to 100 percent lead, and components made with metal alloys, including steel containing up to 0.35 percent lead, aluminum with up to 0.4 percent lead, and copper with up to 4.0 percent lead, and the vehicles that contain them. Id. On June 30, 2009, the Commission published a notice staying enforcement with regard to the lead content in certain parts of bicycles, jogger strollers, and bicycle trailers (‘‘Bicycles and Related Products’’) designed or intended primarily for children 12 years of age or younger. 74 FR 31254. In brief, the stay applied to components made with metal alloys, including steel containing up to 0.35 percent lead, aluminum with up to 0.4 percent lead, and copper with up to 4.0 percent lead. 74 FR at 31257. The Commission stated the stay would remain in effect until July 1, 2011. 74 FR at 31254. II. Extension of Stay of Enforcement We have received several requests for an extension of the stay of enforcement related to lead testing and certifications. After considering these requests and other matters, the Commission has decided to extend the existing stay of enforcement on testing and certifications of the total lead content in children’s products (except for metal components of children’s metal jewelry) until December 31, 2011, at which time the stay will expire. This action by the Commission encompasses the stays described above, pertaining to lead content in Youth Motorized Recreational Vehicles and Bicycles and Related Products; those stays are hereby extended until December 31, 2011. The Commission notes that there remains in effect a stay of enforcement on testing and certification for children’s products subject to those children’s product safety rules for which a notice of requirements for accreditation of third party conformity assessment bodies (laboratories) has not published yet, including testing of children’s toys and child care articles for banned phthalates, and testing of E:\FR\FM\08FEN1.SGM 08FEN1 6766 Federal Register / Vol. 76, No. 26 / Tuesday, February 8, 2011 / Notices children’s toys for compliance with the mandatory toy safety standard ASTM F– 963 (which includes caps and toy guns). The Commission’s current action does not affect that stay of enforcement; accordingly, and as described in the December 28, 2009, notice (74 FR 68591–68592), such stay will continue until the respective notices of requirements for laboratory accreditation are published. Dated: February 1, 2011. Todd A. Stevenson, Secretary, Consumer Product Safety Commission. [FR Doc. 2011–2704 Filed 2–7–11; 8:45 am] BILLING CODE 6355–01–P DEPARTMENT OF DEFENSE Office of the Secretary submitting a written statement must submit their statement to the Designated Federal Official at the address detailed below, at any point, however, if a written statement is not received at least 10 calendar days prior to the meeting, which is the subject of this notice, then it may not be provided to or considered by the Defense Science Board. The Designated Federal Official will review all timely submissions with the Defense Science Board Chairperson, and ensure they are provided to members of the Defense Science Board before the meeting that is the subject of this notice. FOR FURTHER INFORMATION CONTACT: Ms. Debra Rose, Executive Officer, Defense Science Board, 3140 Defense Pentagon, Room 3B888A, Washington, DC 20301– 3140, via e-mail at debra.rose@osd.mil, or via phone at (703) 571–0084. Meeting of the Defense Science Board AGENCY: Department of Defense. Notice of Advisory Committee Meetings. Dated: February 3, 2011. Morgan F. Park, Alternate OSD Federal Register Liaison Officer, Department of Defense. ACTION: [FR Doc. 2011–2684 Filed 2–7–11; 8:45 am] The Defense Science Board will meet in closed session on February 23–24, 2011; at the Pentagon, Arlington, VA. The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. At this meeting, the Board will discuss interim finding and recommendations resulting from ongoing Task Force activities. The Board will also discuss plans for future consideration of scientific and technical aspects of specific strategies, tactics, and policies as they may affect the U.S. national defense posture and homeland security. In accordance with section 10(d) of the Federal Advisory Committee Act, Public Law 92–463, as amended (5 U.S.C. App. 2) and 41 CFR 102–3.155, the Department of Defense has determined that these Defense Science Board Quarterly meetings will be closed to the public. Specifically, the Under Secretary of Defense (Acquisition, Technology and Logistics), with the coordination of the DoD Office of General Counsel, has determined in writing that all sessions of these meetings will be closed to the public because they will be concerned throughout with matters listed in 5 U.S.C. 552b(c)(1). Interested persons may submit a written statement for consideration by the Defense Science Board. Individuals BILLING CODE 5001–06–P srobinson on DSKHWCL6B1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:16 Feb 07, 2011 Jkt 223001 DEPARTMENT OF DEFENSE Office of the Secretary Veterans’ Advisory Board on Dose Reconstruction; Meeting Defense Threat Reduction Agency, DoD. ACTION: Advisory Board meeting notice. AGENCY: Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), the Defense Threat Reduction Agency (DTRA), and the Department of Veterans Affairs (VA) announce the following advisory board meeting of the Veterans’ Advisory Board on Dose Reconstruction (VBDR). DATES: Friday, March 11, 2011, 8 a.m. to 12:15 p.m. and from 1:15 p.m. to 5 p.m. The public is invited to attend. A public comment session is scheduled from 10:15 a.m. to 10:45 a.m. Location: Hilton Arlington Hotel, 950 North Stafford Street, Arlington, VA 22203. SUMMARY: The Veterans’ Advisory Board on Dose Reconstruction Toll Free at 1–866–657– VBDR (8237). Additional information may be found at https://vbdr.org. SUPPLEMENTARY INFORMATION: Purpose of Meeting: To obtain, review, and evaluate information related to the Board’s mission to provide guidance and FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 oversight of the dose reconstruction and claims compensation programs for veterans of U.S.-sponsored atmospheric nuclear weapons tests from 1945–1962; veterans of the 1945–1946 occupation of Hiroshima and Nagasaki, Japan; and veterans who were prisoners of war in those regions at the conclusion of World War II. In addition, the advisory board will assist the VA and DTRA in communicating with the veterans. Meeting Agenda: The meeting will open with an introduction of the Board. After introductions, the remainder of the morning will include the following briefings: ‘‘Review of Atomic Veterans Epidemiology Study’’ by Dr. John Boice; ‘‘Review of Atomic Veterans Demographic Study’’ by Dr. John Lathrop; ‘‘Quality Review of Radiation Cases at the Jackson VARO’’, by VA STAR Representative; ‘‘Update on the Nuclear Test Personnel Review (NTPR) Dose Reconstruction Program’’, by Dr. Paul Blake; and ‘‘Update on the VA Radiation Claims Compensation Program for Veterans’’, by Mr. Brad Flohr. The morning session includes one half-hour open public comment session. The afternoon session will begin with a presentation on the VA/ DTRA/VBDR Atomic Veterans Communications Plan. Next, the four subcommittees established during the inaugural VBDR session will report on their activities since March 2010. These subcommittees consist of the following: Subcommittee on DTRA Dose Reconstruction Procedures; the Subcommittee on VA Claims Adjudication Procedures; the Subcommittee on Quality Management and VA Process Integration with DTRA Nuclear Test Personnel Review Program; and the Subcommittee on Communication and Outreach. The remainder of the meeting will be devoted to a discussion of the future of the VBDR. Meeting Accessibility: Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102–3.140 through 102–3.165, and the availability of space, this meeting is open to the public. Seating is limited by the size of the meeting room. All persons must sign in legibly at the registration desk. Written Statements: Pursuant to 41 CFR 102–3.105(j) and 102–3.140(c), interested persons may submit a written statement for consideration by the Veterans’ Advisory Board on Dose Reconstruction; statements maybe on the VBDR’s mission or in response to the March 11, 2011 meeting agenda. Supporting documentation may also be included as needed to establish the appropriate historical context and to E:\FR\FM\08FEN1.SGM 08FEN1

Agencies

[Federal Register Volume 76, Number 26 (Tuesday, February 8, 2011)]
[Notices]
[Pages 6765-6766]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2704]


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CONSUMER PRODUCT SAFETY COMMISSION


Consumer Product Safety Act: Notice of Commission Action on the 
Stay of Enforcement of Testing and Certification Requirements

AGENCY: Consumer Product Safety Commission.

ACTION: Revision of terms of stay of enforcement.

-----------------------------------------------------------------------

SUMMARY: The Consumer Product Safety Commission (``CPSC'' or 
``Commission'' or ``we'') is announcing its decision to revise the 
terms of its stay of enforcement of certain testing and certification 
provisions of section 14 of the Consumer Product Safety Act (``CPSA'') 
as amended by section 102 of the Consumer Product Safety Improvement 
Act of 2008 (``CPSIA''). Through this notice, the Commission announces 
an extension of the stay of enforcement pertaining to total lead 
content in children's products (except for metal components of 
children's metal jewelry), and certain related products, until December 
31, 2011.\1\
---------------------------------------------------------------------------

    \1\ The Commission voted 4-1 to approve publication of this 
notice. Chairman Inez M. Tenenbaum, Commissioner Thomas H. Moore, 
Commissioner Nancy Nord, and Commissioner Anne M. Northup voted for 
the publication of the notice with changes. Commissioner Robert S. 
Adler voted against publication of the notice. Chairman Tenenbaum, 
Commissioner Northup, and Commissioner Adler filed statements 
concerning this vote. The statements may be viewed on the 
Commission's Web site at https://www.cpsc.gov/pr/statements.html.

DATES: The stay of enforcement pertaining to total lead content in 
children's products (except for metal components of children's metal 
jewelry), and certain related products, is extended until December 31, 
---------------------------------------------------------------------------
2011, upon which date the stay will expire.

FOR FURTHER INFORMATION CONTACT: Robert ``Jay'' Howell, Acting 
Assistant Executive Director for the Office of Compliance and Field 
Operations, U.S. Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, Maryland 20814; e-mail rhowell@cpsc.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 14 of the CPSA requires that every manufacturer of a 
product (and the private labeler, if the product bears a private label) 
that is subject to a consumer product safety rule, ban, standard, or 
regulation enforced by the Commission certify, based on testing, that 
its product complies with the applicable safety rule, ban, standard, or 
regulation. For nonchildren's products, the certification must be based 
on a test of each product or a reasonable testing program. For 
children's products, the certification must be based on testing 
conducted by a CPSC-accepted third party conformity assessment body 
(laboratory).
    On February 9, 2009, the Commission published a notice in the 
Federal Register, staying enforcement of many of the testing and 
certification requirements, including the requirements related to total 
lead in children's products (other than the lead content of metal 
components of children's metal jewelry). 74 FR 6396, 6397. The 
Commission committed to the stay for one year, explaining that the stay 
was necessary to ``give us the time needed to develop sound rules and 
requirements as well as implement outreach efforts to explain these 
[new] requirements of the CPSIA and their applicability.'' 74 FR at 
6398. With regard to lead content in metal components of children's 
metal jewelry, the Commission stated that certifications based on third 
party testing would be required for such products manufactured after 
March 23, 2009. 74 FR at 6397.
    On December 28, 2009, the Commission published a notice in the 
Federal Register, revising the terms of the stay. 74 FR 68588. In that 
notice, the Commission lifted the stay for some CPSC regulations and 
extended the stay for other CPSC regulations. Relevant for present 
purposes, the Commission stated that it ``plans to keep the stay in 
effect for total lead content in metal children's products and in non-
metal children's products * * * (section 101 of the CPSIA) until 
February 10, 2011.'' 74 FR at 68591. The December 28, 2009, notice did 
not affect certifications and testing of lead content in metal 
components of children's metal jewelry; the stay pertaining to those 
products had expired on March 23, 2009. 74 FR at 68589.
    The Commission also published two notices concerning discrete stays 
of enforcement related to lead content. On May 12, 2009, the Commission 
published a notice staying enforcement with regard to the lead content 
in certain parts and youth motorized vehicles that contain those parts. 
74 FR 22154. The notice announced that the stay would remain in effect 
until May 1, 2011. Id. Specifically, the Commission stayed enforcement 
of the specified lead level as it pertains to certain parts of youth 
all-terrain vehicles, youth off-road motorcycles, and youth snowmobiles 
(``Youth Motorized Recreational Vehicles'' or ``Vehicles''), 
specifically battery terminals containing up to 100 percent lead, and 
components made with metal alloys, including steel containing up to 
0.35 percent lead, aluminum with up to 0.4 percent lead, and copper 
with up to 4.0 percent lead, and the vehicles that contain them. Id.
    On June 30, 2009, the Commission published a notice staying 
enforcement with regard to the lead content in certain parts of 
bicycles, jogger strollers, and bicycle trailers (``Bicycles and 
Related Products'') designed or intended primarily for children 12 
years of age or younger. 74 FR 31254. In brief, the stay applied to 
components made with metal alloys, including steel containing up to 
0.35 percent lead, aluminum with up to 0.4 percent lead, and copper 
with up to 4.0 percent lead. 74 FR at 31257. The Commission stated the 
stay would remain in effect until July 1, 2011. 74 FR at 31254.

II. Extension of Stay of Enforcement

    We have received several requests for an extension of the stay of 
enforcement related to lead testing and certifications. After 
considering these requests and other matters, the Commission has 
decided to extend the existing stay of enforcement on testing and 
certifications of the total lead content in children's products (except 
for metal components of children's metal jewelry) until December 31, 
2011, at which time the stay will expire. This action by the Commission 
encompasses the stays described above, pertaining to lead content in 
Youth Motorized Recreational Vehicles and Bicycles and Related 
Products; those stays are hereby extended until December 31, 2011.
    The Commission notes that there remains in effect a stay of 
enforcement on testing and certification for children's products 
subject to those children's product safety rules for which a notice of 
requirements for accreditation of third party conformity assessment 
bodies (laboratories) has not published yet, including testing of 
children's toys and child care articles for banned phthalates, and 
testing of

[[Page 6766]]

children's toys for compliance with the mandatory toy safety standard 
ASTM F-963 (which includes caps and toy guns). The Commission's current 
action does not affect that stay of enforcement; accordingly, and as 
described in the December 28, 2009, notice (74 FR 68591-68592), such 
stay will continue until the respective notices of requirements for 
laboratory accreditation are published.

    Dated: February 1, 2011.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2011-2704 Filed 2-7-11; 8:45 am]
BILLING CODE 6355-01-P
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