Third Party Testing for Certain Children's Products; Toddler Beds: Requirements for Accreditation of Third Party Conformity Assessment Bodies, 22030-22033 [2011-9422]
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Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Rules and Regulations
Dated: April 14, 2011.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety
Commission.
of third party conformity assessment
bodies for testing pursuant to the CPSC
regulation relating to toddler beds. 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)).
[FR Doc. 2011–9421 Filed 4–19–11; 8:45 am]
BILLING CODE 6355–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
Effective Date: The requirements
for accreditation of third party
conformity assessment bodies to assess
conformity with 16 CFR part 1217 are
effective April 20, 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:
DATES:
[CPSC Docket No. CPSC–2009–0064]
16 CFR Part 1217
Third Party Testing for Certain
Children’s Products; Toddler Beds:
Requirements for Accreditation of
Third Party Conformity Assessment
Bodies
Consumer Product Safety
Commission.
ACTION: Notice of requirements.
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AGENCY:
I. Introduction
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
SUMMARY:
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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
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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
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Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Rules and Regulations
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).
This notice provides the criteria and
process for Commission acceptance of
accreditation of third party conformity
assessment bodies for testing pursuant
to the safety standard for toddler beds,
which appears elsewhere in this issue of
the Federal Register. The standard for
toddler beds will be codified at 16 CFR
part 1217. The standard contains the
test methods that conformity assessment
bodies will use to assess toddler beds.
The Commission is recognizing limited
circumstances in which it will accept
certifications based on product testing
conducted before the toddler bed
standard becomes effective in six
months. The details regarding those
limited circumstances can be found in
part IV of this document below.
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 regulation identified immediately
above.
The CPSC also recognizes that section
14(a)(3)(B)(vi) of the CPSA is captioned:
‘‘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 to require
a notice of requirements for ‘‘all’’ other
children’s product safety rules, rather
than as a notice of requirements for
‘‘some’’ or ‘‘certain’’ children’s product
safety rules. However, whether a
particular rule represents a ‘‘children’s
product safety rule’’ may be subject to
interpretation, and Commission staff is
continuing to evaluate which rules,
regulations, standards, or bans
constitute ‘‘children’s product safety
rules.’’ The CPSC intends to issue
additional notices of requirements for
other rules that 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
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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.
As stated in part I of this document,
the Commission, elsewhere in this issue
of the Federal Register, is issuing a new
standard for toddler beds that will be
codified at 16 CFR part 1217. This
notice of requirements is effective on
April 20, 2011. The final rule
announcing the Safety Standard for
Toddler Beds is effective on October 20,
2011. The effect of these twin
publications is that each manufacturer
(including the importer) or private
labeler of a product subject to 16 CFR
part 1217 must have any such product
manufactured on or after October 20,
2011, tested by a third party conformity
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22031
assessment body accredited to do so and
must issue a certificate of compliance
with 16 CFR part 1217 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 toddler beds included in 16
CFR part 1217, Safety Standard for
Toddler Beds. 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.
Once the Commission adds a third party
conformity assessment body to that list,
the third party conformity assessment
body may commence testing of toddler
beds 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, firewalled conformity
assessment bodies seeking accredited
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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 10 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 determine
whether 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. The
Commission’s order must also find that
accrediting the firewalled conformity
assessment body would provide equal
or greater consumer safety protection
than the manufacturer’s or private
labeler’s use of an independent
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
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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 and meets the additional
conditions stated here. To obtain this
assurance, CPSC staff will engage the
governmental entities relevant to the
accreditation request.
If the Commission accepts a staff
recommendation to accredit a firewalled
conformity assessment body, the
firewalled conformity assessment body
then will be added to the CPSC’s list of
accepted 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.
Once the Commission adds a third
party conformity assessment body to the
list, the third party conformity
assessment body then may begin testing
of children’s products to support
certification of compliance with the
regulation identified earlier in part I of
this document for which it has been
accredited.
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 Web 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 completed satisfactorily,
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 ultimately may
seek acceptance as a firewalled third
party conformity assessment body may
initially request acceptance as a third
party conformity assessment body
accredited for testing of children’s
products other than those of its owners.)
IV. Acceptance of Children’s Product
Certifications Based on Third Party
Conformity Assessment Body Testing to
the New Safety Standard for Toddler
Beds Prior to Their Effective Date
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Elsewhere in this issue of the Federal
Register, the Commission is publishing
a new safety standard for toddler beds,
which will be codified at 16 CFR part
1217. The effect of this notice of
requirements and the final rule is that
each manufacturer (including the
importer) or private labeler of a product
subject to 16 CFR part 1217 must have
any such product manufactured on or
after October 20, 2011, tested by a third
party conformity assessment body
accredited to do so and must issue a
certificate of compliance with 16 CFR
part 1217 based on that testing.
To ease the transition to the new
standards and avoid a ‘‘bottlenecking’’ of
products at conformity assessment
bodies at or near the effective date of 16
CFR part 1217, the Commission will
accept certifications based on testing
that occurred prior to the effective date
of the new standard in certain
prescribed circumstances. However, any
such testing must comport with all
CPSC requirements, including:
1. The product 1 was tested by a third
party conformity assessment body that
was ISO/IEC 17025 accredited by a
signatory to the ILAC–MRA at the time
of the test. For firewalled conformity
assessment bodies, the firewalled
conformity assessment body must be
one that the Commission has accredited
by order at or before the time the
1 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.
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Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Rules and Regulations
product was tested, even if the order did
not include the test methods specified
in this notice. If the third party
conformity assessment body has not
been accredited as a firewalled
conformity assessment body by a
Commission order, 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;
2. The third party conformity
assessment body’s application is
accepted by the CPSC by October 20,
2011, as established by the Commission;
3. The test results show compliance
with 16 CFR part 1217;
4. The product was tested on or after
April 20, 2011 and before October 20,
2011; and
5. The third party conformity
assessment body’s accreditation remains
in effect through the effective date for
mandatory third party testing and
manufacturer/private labeler
certification for the subject product’s
respective regulation.
Dated: April 14, 2011.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2011–9422 Filed 4–19–11; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2011–0258]
National Maritime Week Tugboat
Races, Seattle, WA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the Special Local Regulation for the
annual National Maritime Week
Tugboat Races in Elliott Bay, WA from
12 p.m. through 4:30 p.m. on May 14,
2011. This action is necessary to ensure
the safety of all participants and
spectators from the inherent dangers
associated with these types of races
which includes large wakes. During the
enforcement period, no person or vessel
may enter or remain in the regulated
area except for participants in the event,
supporting personnel, vessels registered
with the event organizer, and personnel
or vessels authorized by the Coast Guard
Patrol Commander.
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SUMMARY:
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The regulations in 33 CFR
100.1306 will be enforced from 12 p.m.
through 4:30 p.m. on May 14, 2011.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or e-mail Ensign Anthony P. LaBoy,
Sector Puget Sound Waterways
Management Division, Coast Guard;
telephone 206–217–6323, e-mail
SectorPugetSoundWWM@uscg.mil.
DATES:
The Coast
Guard will enforce the Special Local
Regulation for the annual National
Maritime Week Tugboat Races, Seattle,
WA in 33 CFR 100.1306 on May 14,
2011 from 12:00 p.m. through 4:30 p.m.
This regulation can be found in the
April 27, 1996 issue of the Federal
Register (61 FR 16710).
A regulated area is established on that
portion of Elliott Bay along the Seattle
waterfront in Puget Sound bounded by
a line beginning at: 47°37′36″ N,
122°22′42″ W; thence to 47°37′24.5″ N,
122°22′58.5″ W; thence to 47°36′08″ N,
122°20′53″ W; thence to 47°36′21″ N,
122°20′31″ W; thence returning to the
origin. This regulated area resembles a
rectangle measuring approximately
3,900 yards along the shoreline between
Pier 57 and Pier 89, and extending
approximately 650 yards into Elliott
Bay. Temporary floating markers will be
placed by the race sponsors to delineate
the regulated area. [Datum: NAD 1983]
No person or vessel may enter or
remain in the regulated area except for
participants in the event, supporting
personnel, vessels registered with the
event organizer, and personnel or
vessels authorized by the Coast Guard
Patrol Commander.
The Coast Guard will establish a
patrol consisting of active and auxiliary
Coast Guard vessels and personnel in
the regulated area described above. The
patrol shall be under the direction of a
Coast Guard officer or petty officer
designated by the Captain of the Port as
the Coast Guard Patrol Commander. The
Patrol Commander may forbid and
control the movement of vessels in this
regulated area.
A succession of sharp, short blasts
from whistle or horn from vessels
patrolling the area under the direction
of the Patrol Commander shall serve as
a signal to stop. Vessels signaled shall
stop and comply with the orders of the
patrol vessel. Failure to do so may result
in expulsion from the area, citation for
failure to comply, or both.
The Coast Guard may be assisted by
other Federal, State, or local law
enforcement agencies in enforcing this
regulation.
This notice is issued under authority
of 33 CFR 100.1306 and 5 U.S.C. 552(a).
SUPPLEMENTARY INFORMATION:
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22033
If the Captain of the Port determines
that the regulated area need not be
enforced for the full duration stated in
this notice, he or she may use a
Broadcast Notice to Mariners to grant
general permission to enter the
regulated area.
Dated: April 7, 2011.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2011–9532 Filed 4–19–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0263]
RIN 1625–AAOO
Safety Zone; Red River Safety Zone,
Red River, MN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard Captain of
the Port, Marine Safety Unit Duluth, MN
is establishing a temporary safety zone
on the Red River, MN. This safety zone
is being established to ensure the safety
of the public. The safety zone will
prevent individuals from entering all
navigable waters of the Red River in the
State of Minnesota north of a line drawn
across latitude 46°20′00″ N, including
those portions of the river in Wilkin,
Clay, Norman, Polk, Marshall and
Kittson counties, to the United StatesCanada international border.
DATES: This rule is effective in the CFR
from April 20, 2011 until July 15, 2011.
This rule is effective with actual notice
for purposes of enforcement from April
7, 2011 until 5 p.m. on July 15, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0263 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0263 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Aaron L. Gross, Chief
SUMMARY:
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[Federal Register Volume 76, Number 76 (Wednesday, April 20, 2011)]
[Rules and Regulations]
[Pages 22030-22033]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9422]
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. CPSC-2009-0064]
16 CFR Part 1217
Third Party Testing for Certain Children's Products; Toddler
Beds: Requirements for Accreditation of Third Party Conformity
Assessment Bodies
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 the CPSC regulation relating
to toddler beds. 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 1217 are effective April 20, 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:
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
[[Page 22031]]
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).
This notice provides the criteria and process for Commission
acceptance of accreditation of third party conformity assessment bodies
for testing pursuant to the safety standard for toddler beds, which
appears elsewhere in this issue of the Federal Register. The standard
for toddler beds will be codified at 16 CFR part 1217. The standard
contains the test methods that conformity assessment bodies will use to
assess toddler beds. The Commission is recognizing limited
circumstances in which it will accept certifications based on product
testing conducted before the toddler bed standard becomes effective in
six months. The details regarding those limited circumstances can be
found in part IV of this document below.
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 regulation identified immediately above.
The CPSC also recognizes that section 14(a)(3)(B)(vi) of the CPSA
is captioned: ``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 to require a notice of requirements for ``all''
other children's product safety rules, rather than as a notice of
requirements for ``some'' or ``certain'' children's product safety
rules. However, whether a particular rule represents a ``children's
product safety rule'' may be subject to interpretation, and Commission
staff is continuing to evaluate which rules, regulations, standards, or
bans constitute ``children's product safety rules.'' The CPSC intends
to issue additional notices of requirements for other rules that 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.
As stated in part I of this document, the Commission, elsewhere in
this issue of the Federal Register, is issuing a new standard for
toddler beds that will be codified at 16 CFR part 1217. This notice of
requirements is effective on April 20, 2011. The final rule announcing
the Safety Standard for Toddler Beds is effective on October 20, 2011.
The effect of these twin publications is that each manufacturer
(including the importer) or private labeler of a product subject to 16
CFR part 1217 must have any such product manufactured on or after
October 20, 2011, tested by a third party conformity assessment body
accredited to do so and must issue a certificate of compliance with 16
CFR part 1217 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
toddler beds included in 16 CFR part 1217, Safety Standard for Toddler
Beds. 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. Once the Commission adds
a third party conformity assessment body to that list, the third party
conformity assessment body may commence testing of toddler beds 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, firewalled conformity assessment bodies seeking
accredited
[[Page 22032]]
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 10 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 determine whether 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. The Commission's order must also find that accrediting
the firewalled conformity assessment body would provide equal or
greater consumer safety protection than the manufacturer's or private
labeler's use of an independent 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 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 Web
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 completed satisfactorily, 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 ultimately may seek acceptance as a firewalled third party
conformity assessment body may 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 then will be added to
the CPSC's list of accepted 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.
Once the Commission adds a third party conformity assessment body
to the list, the third party conformity assessment body then may begin
testing of children's products to support certification of compliance
with the regulation identified earlier in part I of this document for
which it has been accredited.
IV. Acceptance of Children's Product Certifications Based on Third
Party Conformity Assessment Body Testing to the New Safety Standard for
Toddler Beds Prior to Their Effective Date
Elsewhere in this issue of the Federal Register, the Commission is
publishing a new safety standard for toddler beds, which will be
codified at 16 CFR part 1217. The effect of this notice of requirements
and the final rule is that each manufacturer (including the importer)
or private labeler of a product subject to 16 CFR part 1217 must have
any such product manufactured on or after October 20, 2011, tested by a
third party conformity assessment body accredited to do so and must
issue a certificate of compliance with 16 CFR part 1217 based on that
testing.
To ease the transition to the new standards and avoid a
``bottlenecking'' of products at conformity assessment bodies at or
near the effective date of 16 CFR part 1217, the Commission will accept
certifications based on testing that occurred prior to the effective
date of the new standard in certain prescribed circumstances. However,
any such testing must comport with all CPSC requirements, including:
1. The product \1\ was tested by a third party conformity
assessment body that was ISO/IEC 17025 accredited by a signatory to the
ILAC-MRA at the time of the test. For firewalled conformity assessment
bodies, the firewalled conformity assessment body must be one that the
Commission has accredited by order at or before the time the
[[Page 22033]]
product was tested, even if the order did not include the test methods
specified in this notice. If the third party conformity assessment body
has not been accredited as a firewalled conformity assessment body by a
Commission order, 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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\1\ 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.
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2. The third party conformity assessment body's application is
accepted by the CPSC by October 20, 2011, as established by the
Commission;
3. The test results show compliance with 16 CFR part 1217;
4. The product was tested on or after April 20, 2011 and before
October 20, 2011; and
5. The third party conformity assessment body's accreditation
remains in effect through the effective date for mandatory third party
testing and manufacturer/private labeler certification for the subject
product's respective regulation.
Dated: April 14, 2011.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2011-9422 Filed 4-19-11; 8:45 am]
BILLING CODE 6355-01-P
