Third Party Testing for Certain Children's Products; Clothing Textiles: Revisions to Terms of Acceptance of Children's Product Certifications Based on Third Party Conformity Assessment Body Testing Prior to Commission's Acceptance of Accreditation, 22608-22610 [2011-9790]
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Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / Rules and Regulations
may apply a geographic preference
when procuring unprocessed locally
grown or locally raised agricultural
products. When utilizing the geographic
preference to procure such products, the
institution making the purchase has the
discretion to determine the local area to
which the geographic preference option
will be applied;
(2) For the purpose of applying the
optional geographic preference in
paragraph (n)(1) of this section,
‘‘unprocessed locally grown or locally
raised agricultural products’’ means only
those agricultural products that retain
their inherent character. The effects of
the following food handling and
preservation techniques shall not be
considered as changing an agricultural
product into a product of a different
kind or character: Cooling; refrigerating;
freezing; size adjustment made by
peeling, slicing, dicing, cutting,
chopping, shucking, and grinding;
forming ground products into patties
without any additives or fillers; drying/
dehydration; washing; packaging (such
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single package); addition of ascorbic
acid or other preservatives to prevent
oxidation of produce; butchering
livestock and poultry; cleaning fish; and
the pasteurization of milk.
Dated: April 18, 2011.
Audrey Rowe,
Administrator, Food and Nutrition Service.
[FR Doc. 2011–9843 Filed 4–21–11; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
7 CFR Part 4280
Notice of a Public Meeting on the Rural
Energy for America Program
Rural Business-Cooperative
Service, USDA.
ACTION: Notice of public meeting.
AGENCY:
The Rural BusinessCooperative Service (RBS) will hold two
informational Webinars for the Rural
Energy for America Program (REAP)
associated with the recently published
REAP interim rule and Notice of Funds
Availability (NOFA). Participation will
be limited for each Webinar to the first
two hundred registrants.
DATES: The Webinars will be held on
Friday, April 29, 2011, and on Monday,
May 2, 2011, from 2 p.m. to 4 p.m. EDT
both days. You must register, as
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SUMMARY:
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described in the ADDRESSES section, by
noon EDT April 27, 2011, for the April
29, 2011, Webinar and by noon EDT
April 28, 2011, for the May 2, 2011,
Webinar.
To participate in one of the
Webinars, you must register for one of
the Webinars by sending an e-mail to:
energydivision@wdc.usda.gov. You must
include in the SUBJECT line the date of
the Webinar for which you wish to
participate, and in the body of the
e-mail, please provide the participant’s
name, e-mail address, mailing address,
and telephone number. You must
submit your e-mail by the applicable
deadline listed in the DATES section of
this notice.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Donnetta Rigney, Rural BusinessCooperative Service, U.S. Department of
Agriculture, Stop 3225, 1400
Independence Avenue, SW.,
Washington, DC 20250–3221,
Telephone: (202) 720–9812.
The REAP
interim rule and the NOFA were
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public with the content of the REAP
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information on the interim rule for the
Rural Energy for America Program,
focusing on the provisions associated
with flexible fuel pumps and other
significant changes being implemented
through the interim rule. Participants
will be afforded the opportunity to ask
questions on the material included in
the presentation.
Please note that formal comments on
the interim rule will not be accepted
during the Webinar. Instead, the public
has an opportunity to comment formally
on the interim rule as provided in the
interim rule published in the Federal
Register on April 14, 2011 (76 FR
21110).
All prospective registrants will be
notified by the Agency via e-mail if they
are or are not among the first two
hundred registrants for one of the two
Webinars.
Participants are responsible for
ensuring their systems are compatible
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SUPPLEMENTARY INFORMATION:
Dated: April 18, 2011.
Judith A. Canales,
Administrator, Rural Business-Cooperative
Service.
[FR Doc. 2011–9725 Filed 4–21–11; 8:45 am]
BILLING CODE 3410–XY–P
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CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1610
[CPSC Docket No. CPSC–2010–0086]
Third Party Testing for Certain
Children’s Products; Clothing Textiles:
Revisions to Terms of Acceptance of
Children’s Product Certifications
Based on Third Party Conformity
Assessment Body Testing Prior to
Commission’s Acceptance of
Accreditation
Consumer Product Safety
Commission.
ACTION: Notice of requirements; revision
of retrospective testing terms.
AGENCY:
The U.S. Consumer Product
Safety Commission (‘‘CPSC,’’
‘‘Commission,’’ or ‘‘we’’) issues this
notice amending the terms under which
it will accept certifications for
children’s products based on third party
conformity assessment body (laboratory)
testing to the flammability regulations at
16 CFR part 1610 that occurred before
the Commission’s acceptance of the
accreditation of the third party
conformity assessment body.1 We are
taking this action in response to a
request from certain members of the
clothing textile industry to reduce
unnecessary retesting of clothing
textiles that have been tested already
and found to be in compliance with
CPSC regulations.
DATES: Effective Date: The revision
announced in this document is effective
April 22, 2011.
FOR FURTHER INFORMATION CONTACT:
Robert ‘‘Jay’’ Howell, Assistant Executive
Director for the Office of Hazard
Identification and Reduction, U.S.
Consumer Product Safety Commission,
4330 East West Highway, Bethesda, MD
20814; e-mail: rhowell@cpsc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
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
1 The Commission voted 4–0–1 to publish this
revision to the notice of requirements for clothing
textiles. Commissioners Nancy A. Nord and Anne
M. Northup each issued a statement, and the
statements can be found at https://www.cpsc.gov/pr/
statements.html.
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Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / Rules and Regulations
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
a children’s product safety rule must
have products that are manufactured
more than 90 days after the Commission
has established and published 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
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).
In the Federal Register of August 18,
2010 (75 FR 51016), we published a
notice of requirements providing the
criteria and process for Commission
acceptance of accreditation of third
party conformity assessment bodies for
testing pursuant to 16 CFR part 1610,
‘‘Standard for the Flammability of
Clothing Textiles,’’ which sets minimum
standards for flammability of clothing
textiles under the Flammable Fabrics
Act (15 U.S.C. 1191 et seq.) (FFA). The
notice of requirements stated that its
publication had the effect of lifting the
stay of enforcement with regard to
testing and certification of children’s
products under 16 CFR part 1610. This
meant that each manufacturer of
clothing textiles that are children’s
products must have any such product
manufactured after November 16, 2010,
tested by a third party conformity
assessment body accredited to do so,
and must issue a certificate of
compliance based on that testing (75 FR
at 51018).
We addressed testing performed by a
third party conformity assessment body
prior to the Commission’s acceptance of
its accreditation, or ‘‘retrospective’’
testing, in section IV of the notice of
requirements. We stated that we would
accept a certificate of compliance with
the standard included in 16 CFR part
1610 based on testing performed by an
accredited third party conformity
assessment body (including a
government-owned or -controlled
conformity assessment body, and a
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14:51 Apr 21, 2011
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firewalled conformity assessment body),
prior to the Commission’s acceptance of
its accreditation if:
• 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 in
the regulations specified in this notice.
If the third party conformity assessment
body has not been accredited by a
Commission order as a firewalled
conformity assessment body, the
Commission will not accept a certificate
of compliance based on testing
performed by the third party conformity
assessment body before it is accredited,
by Commission order, as a firewalled
conformity assessment body;
• The third party conformity
assessment body’s application for
testing using the test methods in 16 CFR
part 1610 is accepted by the CPSC on or
before October 18, 2010;
• The product was tested under 16
CFR part 1610 on or after August 18,
2010;
• The accreditation scope in effect for
the third party conformity assessment
body at the time of testing expressly
included testing to 16 CFR part 1610;
• The test results show compliance
with the applicable current standards
and/or regulations; and
• The third party conformity
assessment body’s accreditation,
including inclusion in its scope of 16
CFR part 1610, remains in effect through
the effective date for mandatory third
party testing and manufacturer
certification for conformity with 16 CFR
part 1610.
75 FR at 51019 through 51020.
II. Requests for Revision
On December 2, 2010, the American
Apparel and Footwear Association
(AAFA) submitted a letter to the
Commission requesting that we ‘‘extend
the testing and certification date by an
additional 60 days,’’ and that we amend
section IV of the notice of requirements
‘‘to accept third party tests done on or
after August 18, 2009 by testing
facilities accredited on or before
November 16, 2010.’’ (The AAFA letter
may be viewed at https://
www.regulations.gov in the docket
folder for docket number CPSC–2010–
0086.)
The AAFA based its request for an
extension of the testing and certification
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22609
date on our authority in section
102(a)(3)(F) of the CPSIA, which states:
If the Commission determines that an
insufficient number of third party conformity
assessment bodies have been accredited to
permit certification for a children’s product
safety rule under the accelerated schedule
required by this paragraph, the Commission
may extend the deadline for certification to
such rule by not more than 60 days.
15 U.S.C. 2063(a)(3)(F). The AAFA
contended that there is an insufficient
number of CPSC-accepted third party
laboratories accredited to 16 CFR part
1610. It presented three arguments in
support of this contention. First, it
argued that although there were 67
CPSC-accepted laboratories accredited
to test to 16 CFR part 1610 as of
November 16, 2010, those laboratories
were not geographically distributed in
such a way as to meet industry needs.
Second, it stated a concern that many
apparel manufacturers are not aware of
their obligation to use CPSC-accepted
laboratories. Third, the AAFA also
asserted that many companies were
unaware that the stay of enforcement on
the testing and certification
requirements for children’s apparel had
been lifted.
The AAFA stated that limiting
acceptable retrospective tests to those
conducted since August 18, 2010,
would ‘‘further back up testing facilities
and be an unnecessary burden on
business * * * [and would] put at a
disadvantage those companies who had
taken the proactive step to engage in
third party testing’’ prior to August 18,
2010. It noted that many textiles are
tested before they are manufactured into
garments and explained that in some
cases, the time that elapses between
when a textile has been tested and when
the garment is produced can be ‘‘several
months or even years.’’ In addition, the
AAFA stated that limiting retrospective
tests to those conducted since August
18, 2010, ‘‘unnecessarily adversely
affects the continuing guarantees * * *
issued * * * pursuant to Section 8 of
the FFA.’’ Section 8 of the FFA provides
that a manufacturer or supplier of
clothing textiles may issue a guaranty,
based on reasonable and representative
testing, that the clothing textile
complies with FFA standards. The
holder of a valid guaranty is not subject
to criminal prosecution under section 7
of the FFA (penalties) for a violation of
section 3 of the FFA (prohibited
transactions). A continuing guaranty is
a notarized declaration filed with the
Commission in which the manufacturer
avers that it has conducted the requisite
reasonable and representative product
testing and that the testing shows that
the product conforms to 16 CFR part
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Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / Rules and Regulations
1610. A continuing guaranty remains
valid for three years (and at such other
times as any change occurs in the legal
business status of the person filing the
guaranty).
B. Request To Accept, for Children’s
Product Certification Purposes, Tests
Pursuant to 16 CFR Part 1610
Conducted by Accredited Third Party
Laboratories Since August 18, 2009
III. The Response to the Requests
We have considered AAFA’s request
and, through this notice, are revising
our position regarding ‘‘Limited
Acceptance of Children’s Product
Certifications Based on Third Party
Conformity Assessment Body Testing
Prior to the Commission’s Acceptance of
Accreditation.’’ Due to the nature of the
wearing apparel industry, there is a
possible significant time lapse between
fabric testing and the finished garment.
This could mean that some products
that were tested previously by
laboratories that have since become
CPSC-accepted, would need to be
retested. Therefore, we agree that
revising our position on ‘‘retrospective’’
testing is appropriate because it will
reduce further the potential need for
redundant testing. We will accept
children’s product certifications based
on third party conformity assessment
body testing, prior to our acceptance of
accreditation, under the following
conditions:
• 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
accreditation body that is a signatory to
the ILAC–MRA;
• The third party conformity
assessment body’s application for
testing using the test methods in 16 CFR
part 1610 is accepted by the CPSC on or
before November 16, 2010;
• The product was tested under 16
CFR part 1610 on or after August 18,
2009;
• The accreditation scope in effect for
the third party conformity assessment
body at the time of testing expressly
included testing to 16 CFR part 1610;
• The test results show compliance
with the applicable current standards
and/or regulations; and
• The third party conformity
assessment body’s accreditation,
including inclusion in its scope of 16
CFR part 1610, remains in effect through
the effective date for mandatory third
party testing and manufacturer
certification for conformity with 16 CFR
part 1610.
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A. Request To Extend the Testing and
Certification Date by an Additional 60
Days
We decline to extend the date by
which a manufacturer of a children’s
product subject to 16 CFR part 1610
must have such product tested by a
third party conformity assessment body
accredited to do so and must issue a
certificate of compliance based on that
testing. We have the authority to grant
such a request only if there is
insufficient laboratory capacity. The
existence of 67 CPSC-accepted labs
accredited to test to 16 CFR part 1610
as of November 16, 2010, belies the
claim of insufficient laboratory capacity,
even if the laboratories are not
distributed geographically as the AAFA
would prefer.
We also disagree with the AAFA’s
assertion, as another basis for an
extension, that some manufacturers are
not fully aware that children’s product
certifications must be based on testing
conducted by CPSC-accepted third party
laboratories, and that many companies
are unaware that the stay of enforcement
on the testing and certification
requirements had been lifted for
children’s apparel. The CPSIA became
law in August 2008, and we published
the notice of requirements pertaining to
16 CFR part 1610 in the Federal
Register on August 18, 2010. The
statute’s existence, as well as the
publication of the notice of
requirements for 16 CFR part 1610,
provided notice of these manufacturers’
legal obligations. Additionally, the
Commission encourages the apparel and
textile trade associations to educate the
industry on their obligations under the
CPSIA and FFA.
Finally, we note that section
14(a)(3)(E) of the CPSA authorizes the
Commission to extend the deadline for
certification ‘‘by not more than 60 days.’’
Such a time period is measured from the
date on which such certification would
have been required. In this case, the
certification requirement became
effective for products manufactured
after November 16, 2010; therefore, a 60day extension, had it been granted,
would have expired in mid-January
2011. Thus, the AAFA’s request for an
extension is moot.
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14:51 Apr 21, 2011
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Dated: April 19, 2011.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2011–9790 Filed 4–21–11; 8:45 am]
BILLING CODE 6355–01–P
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 522
[Docket No. FDA–2011–N–0003]
Implantation or Injectable Dosage
Form New Animal Drugs; Enrofloxacin
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
The Food and Drug
Administration (FDA) is amending the
animal drug regulations to reflect
approval of a supplemental new animal
drug application (NADA) filed by Bayer
HealthCare LLC. The supplemental
NADA provides for the addition of a
pathogen to the indications for use of
enrofloxacin solution in cattle, as a
single injection, for the treatment of
respiratory disease.
DATES: This rule is effective April 22,
2011.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Cindy L. Burnsteel, Center for
Veterinary Medicine (HFV–130), Food
and Drug Administration, 7500 Standish
Pl., Rockville, MD 20855, 240–276–
8341, e-mail:
cindy.burnsteel@fda.hhs.gov.
Bayer
HealthCare LLC, Animal Health
Division, P.O. Box 390, Shawnee
Mission, KS 66201, filed a supplement
to NADA 141–068 for BAYTRIL 100
(enrofloxacin), an injectable solution.
The supplemental NADA provides for
the addition of Mycoplasma bovis to the
pathogens in the indication for use of
enrofloxacin solution in cattle, as a
single injection, for the treatment of
bovine respiratory disease (BRD). The
supplemental NADA is approved as of
March 10, 2011, and the regulation in 21
CFR 522.812 is amended to reflect the
approval.
In accordance with the freedom of
information provisions of 21 CFR part
20 and § 514.11(e)(2)(ii), a summary of
safety and effectiveness data and
information submitted to support
approval of this application may be seen
in the Division of Dockets Management
(HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852, between 9
a.m. and 4 p.m., Monday through
Friday.
Under section 512(c)(2)(F)(iii) of the
Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b(c)(2)(F)(iii)), this
supplemental approval qualifies for 3
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 76, Number 78 (Friday, April 22, 2011)]
[Rules and Regulations]
[Pages 22608-22610]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9790]
=======================================================================
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1610
[CPSC Docket No. CPSC-2010-0086]
Third Party Testing for Certain Children's Products; Clothing
Textiles: Revisions to Terms of Acceptance of Children's Product
Certifications Based on Third Party Conformity Assessment Body Testing
Prior to Commission's Acceptance of Accreditation
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of requirements; revision of retrospective testing
terms.
-----------------------------------------------------------------------
SUMMARY: The U.S. Consumer Product Safety Commission (``CPSC,''
``Commission,'' or ``we'') issues this notice amending the terms under
which it will accept certifications for children's products based on
third party conformity assessment body (laboratory) testing to the
flammability regulations at 16 CFR part 1610 that occurred before the
Commission's acceptance of the accreditation of the third party
conformity assessment body.\1\ We are taking this action in response to
a request from certain members of the clothing textile industry to
reduce unnecessary retesting of clothing textiles that have been tested
already and found to be in compliance with CPSC regulations.
---------------------------------------------------------------------------
\1\ The Commission voted 4-0-1 to publish this revision to the
notice of requirements for clothing textiles. Commissioners Nancy A.
Nord and Anne M. Northup each issued a statement, and the statements
can be found at https://www.cpsc.gov/pr/statements.html.
DATES: Effective Date: The revision announced in this document is
---------------------------------------------------------------------------
effective April 22, 2011.
FOR FURTHER INFORMATION CONTACT: Robert ``Jay'' Howell, Assistant
Executive Director for the Office of Hazard Identification and
Reduction, U.S. Consumer Product Safety Commission, 4330 East West
Highway, Bethesda, MD 20814; e-mail: rhowell@cpsc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
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
[[Page 22609]]
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 a children's product safety rule must have products that are
manufactured more than 90 days after the Commission has established and
published 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 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).
In the Federal Register of August 18, 2010 (75 FR 51016), we
published a notice of requirements providing the criteria and process
for Commission acceptance of accreditation of third party conformity
assessment bodies for testing pursuant to 16 CFR part 1610, ``Standard
for the Flammability of Clothing Textiles,'' which sets minimum
standards for flammability of clothing textiles under the Flammable
Fabrics Act (15 U.S.C. 1191 et seq.) (FFA). The notice of requirements
stated that its publication had the effect of lifting the stay of
enforcement with regard to testing and certification of children's
products under 16 CFR part 1610. This meant that each manufacturer of
clothing textiles that are children's products must have any such
product manufactured after November 16, 2010, tested by a third party
conformity assessment body accredited to do so, and must issue a
certificate of compliance based on that testing (75 FR at 51018).
We addressed testing performed by a third party conformity
assessment body prior to the Commission's acceptance of its
accreditation, or ``retrospective'' testing, in section IV of the
notice of requirements. We stated that we would accept a certificate of
compliance with the standard included in 16 CFR part 1610 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:
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
in the regulations specified in this notice. If the third party
conformity assessment body has not been accredited by a Commission
order as a firewalled conformity assessment body, the Commission will
not accept a certificate of compliance based on testing performed by
the third party conformity assessment body before it is accredited, by
Commission order, as a firewalled conformity assessment body;
The third party conformity assessment body's application
for testing using the test methods in 16 CFR part 1610 is accepted by
the CPSC on or before October 18, 2010;
The product was tested under 16 CFR part 1610 on or after
August 18, 2010;
The accreditation scope in effect for the third party
conformity assessment body at the time of testing expressly included
testing to 16 CFR part 1610;
The test results show compliance with the applicable
current standards and/or regulations; and
The third party conformity assessment body's
accreditation, including inclusion in its scope of 16 CFR part 1610,
remains in effect through the effective date for mandatory third party
testing and manufacturer certification for conformity with 16 CFR part
1610.
75 FR at 51019 through 51020.
II. Requests for Revision
On December 2, 2010, the American Apparel and Footwear Association
(AAFA) submitted a letter to the Commission requesting that we ``extend
the testing and certification date by an additional 60 days,'' and that
we amend section IV of the notice of requirements ``to accept third
party tests done on or after August 18, 2009 by testing facilities
accredited on or before November 16, 2010.'' (The AAFA letter may be
viewed at https://www.regulations.gov in the docket folder for docket
number CPSC-2010-0086.)
The AAFA based its request for an extension of the testing and
certification date on our authority in section 102(a)(3)(F) of the
CPSIA, which states:
If the Commission determines that an insufficient number of
third party conformity assessment bodies have been accredited to
permit certification for a children's product safety rule under the
accelerated schedule required by this paragraph, the Commission may
extend the deadline for certification to such rule by not more than
60 days.
15 U.S.C. 2063(a)(3)(F). The AAFA contended that there is an
insufficient number of CPSC-accepted third party laboratories
accredited to 16 CFR part 1610. It presented three arguments in support
of this contention. First, it argued that although there were 67 CPSC-
accepted laboratories accredited to test to 16 CFR part 1610 as of
November 16, 2010, those laboratories were not geographically
distributed in such a way as to meet industry needs. Second, it stated
a concern that many apparel manufacturers are not aware of their
obligation to use CPSC-accepted laboratories. Third, the AAFA also
asserted that many companies were unaware that the stay of enforcement
on the testing and certification requirements for children's apparel
had been lifted.
The AAFA stated that limiting acceptable retrospective tests to
those conducted since August 18, 2010, would ``further back up testing
facilities and be an unnecessary burden on business * * * [and would]
put at a disadvantage those companies who had taken the proactive step
to engage in third party testing'' prior to August 18, 2010. It noted
that many textiles are tested before they are manufactured into
garments and explained that in some cases, the time that elapses
between when a textile has been tested and when the garment is produced
can be ``several months or even years.'' In addition, the AAFA stated
that limiting retrospective tests to those conducted since August 18,
2010, ``unnecessarily adversely affects the continuing guarantees * * *
issued * * * pursuant to Section 8 of the FFA.'' Section 8 of the FFA
provides that a manufacturer or supplier of clothing textiles may issue
a guaranty, based on reasonable and representative testing, that the
clothing textile complies with FFA standards. The holder of a valid
guaranty is not subject to criminal prosecution under section 7 of the
FFA (penalties) for a violation of section 3 of the FFA (prohibited
transactions). A continuing guaranty is a notarized declaration filed
with the Commission in which the manufacturer avers that it has
conducted the requisite reasonable and representative product testing
and that the testing shows that the product conforms to 16 CFR part
[[Page 22610]]
1610. A continuing guaranty remains valid for three years (and at such
other times as any change occurs in the legal business status of the
person filing the guaranty).
III. The Response to the Requests
A. Request To Extend the Testing and Certification Date by an
Additional 60 Days
We decline to extend the date by which a manufacturer of a
children's product subject to 16 CFR part 1610 must have such product
tested by a third party conformity assessment body accredited to do so
and must issue a certificate of compliance based on that testing. We
have the authority to grant such a request only if there is
insufficient laboratory capacity. The existence of 67 CPSC-accepted
labs accredited to test to 16 CFR part 1610 as of November 16, 2010,
belies the claim of insufficient laboratory capacity, even if the
laboratories are not distributed geographically as the AAFA would
prefer.
We also disagree with the AAFA's assertion, as another basis for an
extension, that some manufacturers are not fully aware that children's
product certifications must be based on testing conducted by CPSC-
accepted third party laboratories, and that many companies are unaware
that the stay of enforcement on the testing and certification
requirements had been lifted for children's apparel. The CPSIA became
law in August 2008, and we published the notice of requirements
pertaining to 16 CFR part 1610 in the Federal Register on August 18,
2010. The statute's existence, as well as the publication of the notice
of requirements for 16 CFR part 1610, provided notice of these
manufacturers' legal obligations. Additionally, the Commission
encourages the apparel and textile trade associations to educate the
industry on their obligations under the CPSIA and FFA.
Finally, we note that section 14(a)(3)(E) of the CPSA authorizes
the Commission to extend the deadline for certification ``by not more
than 60 days.'' Such a time period is measured from the date on which
such certification would have been required. In this case, the
certification requirement became effective for products manufactured
after November 16, 2010; therefore, a 60-day extension, had it been
granted, would have expired in mid-January 2011. Thus, the AAFA's
request for an extension is moot.
B. Request To Accept, for Children's Product Certification Purposes,
Tests Pursuant to 16 CFR Part 1610 Conducted by Accredited Third Party
Laboratories Since August 18, 2009
We have considered AAFA's request and, through this notice, are
revising our position regarding ``Limited Acceptance of Children's
Product Certifications Based on Third Party Conformity Assessment Body
Testing Prior to the Commission's Acceptance of Accreditation.'' Due to
the nature of the wearing apparel industry, there is a possible
significant time lapse between fabric testing and the finished garment.
This could mean that some products that were tested previously by
laboratories that have since become CPSC-accepted, would need to be
retested. Therefore, we agree that revising our position on
``retrospective'' testing is appropriate because it will reduce further
the potential need for redundant testing. We will accept children's
product certifications based on third party conformity assessment body
testing, prior to our acceptance of accreditation, under the following
conditions:
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 accreditation body that is a signatory to the ILAC-
MRA;
The third party conformity assessment body's application
for testing using the test methods in 16 CFR part 1610 is accepted by
the CPSC on or before November 16, 2010;
The product was tested under 16 CFR part 1610 on or after
August 18, 2009;
The accreditation scope in effect for the third party
conformity assessment body at the time of testing expressly included
testing to 16 CFR part 1610;
The test results show compliance with the applicable
current standards and/or regulations; and
The third party conformity assessment body's
accreditation, including inclusion in its scope of 16 CFR part 1610,
remains in effect through the effective date for mandatory third party
testing and manufacturer certification for conformity with 16 CFR part
1610.
Dated: April 19, 2011.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2011-9790 Filed 4-21-11; 8:45 am]
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