Alternative Testing Requirements for Small Batch Manufacturers, 62044-62046 [2011-25876]
Download as PDF
<![CDATA[
62044
Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Notices
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to Kathy Pereira at
the Council (see ADDRESSES) at least 5
working days prior to the meeting.
Dated: October 3, 2011.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–25840 Filed 10–5–11; 8:45 am]
BILLING CODE 3510–22–P
COMMISSION OF FINE ARTS
Notice of Meeting
The next meeting of the U.S.
Commission of Fine Arts is scheduled
for 20 October 2011, at 10 a.m. in the
Commission offices at the National
Building Museum, Suite 312, Judiciary
Square, 401 F Street, NW., Washington
DC 20001–2728. Items of discussion
may include buildings, parks and
memorials.
Draft agendas and additional
information regarding the Commission
are available on our Web site: https://
www.cfa.gov. Inquiries regarding the
agenda and requests to submit written
or oral statements should be addressed
to Thomas Luebke, Secretary, U.S.
Commission of Fine Arts, at the above
address; by e-mailing staff@cfa.gov; or
by calling 202–504–2200. Individuals
requiring sign language interpretation
for the hearing impaired should contact
the Secretary at least 10 days before the
meeting date.
Dated: September 27, 2011 in Washington
DC.
Thomas Luebke,
Secretary
[FR Doc. 2011–25408 Filed 10–5–11; 8:45 am]
BILLING CODE 6330–01–M
CONSUMER PRODUCT SAFETY
COMMISSION
[ Docket No. CPSC–2011–0070]
Alternative Testing Requirements for
Small Batch Manufacturers
U.S. Consumer Product Safety
Commission.
ACTION: Notice of public hearing.
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
Section 14(i)(4)(A)(i) of the
Consumer Product Safety Act, 15 U.S.C.
2063(i)(4)(A)(i), provides that the
Commission, in implementing third
party testing requirements, under
SUMMARY:
VerDate Mar<15>2010
16:07 Oct 05, 2011
Jkt 226001
certain circumstances, may allow small
batch manufacturers to use alternative
testing requirements in lieu of testing
prescribed in an applicable consumer
product safety rule, ban, standard, or
regulation. If, however, the Commission
determines that no alternative testing
requirement is available or
economically practicable, it shall
exempt eligible small batch
manufacturers from third party testing
requirements. Through this notice, the
Commission is announcing that it will
conduct a public hearing to receive
views from all interested parties about
whether such alternative testing
requirements are available or
economically practicable or, in the
absence of economically practicable
alternatives, whether an exemption from
third party testing is appropriate.
DATES: The public hearing will begin at
10 a.m. EST on October 26, 2011.
ADDRESSES: The public hearing will be
held in the Hearing Room, 4th Floor of
the Bethesda Towers Building, 4330
East West Highway, Bethesda, MD
20814.
Online Registration and Webcast:
Members of the public who wish to
attend the public hearing are requested
to preregister online at: https://www/
cpsc.gov. You may preregister until 5
p.m. EST on October 25, 2011. This
public hearing also will be available live
via webcast on October 26, 2011, at:
https://www/cpsc.gov/webcast.
Registration is not necessary to view the
webcast. A transcript will be made of
the proceedings of the public hearing.
Oral Presentations and Written
Comments: To make oral presentations,
participants must preregister online.
Presenters must also submit a request to
make an oral presentation, and the
written text of such presentation,
captioned ‘‘Alternative Testing
Requirements for Small Batch
Manufacturers Public Hearing,’’ by
electronic mail (e-mail) to: cpscos@cpsc.gov, or mailed or delivered to
the Office of the Secretary, Consumer
Product Safety Commission, 4330 East
West Highway, Bethesda, MD 20814, no
later than 5 p.m. EST on October 21,
2011. Commenters should limit their
presentations to 15 minutes, exclusive
of questioning by the Commissioners or
CPSC staff. We may limit the time
further for any presentation and impose
other restrictions to avoid excessive
duplication of presentations.
Participants who are unable to make
an oral presentation may submit written
comments regarding the issues outlined
under SUPPLEMENTARY INFORMATION
captioned, ‘‘Alternative Testing
Requirements for Small Batch
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Manufacturers Public Hearing’’ by
electronic mail (e-mail) to: cpscos@cpsc.gov, or mailed or delivered to
the Office of the Secretary, Consumer
Product Safety Commission, 4330 East
West Highway, Bethesda, MD 20814, no
later than 5 p.m. EST on October 21,
2011. Any information submitted in
writing or presented orally to the CPSC
at the public hearing will become part
of the public record.
FOR FURTHER INFORMATION CONTACT:
Concerning requests and procedures for
oral presentations of comments, contact:
Rockelle Hammond, Consumer Product
Safety Commission, Bethesda, MD
20814; telephone: (301) 504–6833; email: cpsc-os@cpsc.gov. For all other
matters, contact: Robert Howell, Deputy
Executive Director, Safety Operations,
Consumer Product Safety Commission,
Bethesda, MD 20814; telephone: (301)
504–7621; e-mail: rhowell@cpsc.gov.
SUPPLEMENTARY INFORMATION: Section
14(a)(2)(A) of the Consumer Product
Safety Act, 15 U.S.C. 2063(a)(2)(A),
provides that every manufacturer of a
children’s product that is subject to a
children’s product safety rule shall
submit sufficient samples of the
children’s product, or samples that are
identical in all material respects to the
product, to a CPSC-approved third party
conformity assessment body to be tested
for compliance with such children’s
product safety rule. Further, section
14(i)(2) requires continued testing of
children’s products, directing the
Commission to, by regulation, establish
protocols and standards—
(i) For ensuring that a children’s
product tested for compliance with an
applicable children’s product safety rule
is subject to testing periodically and
when there has been a material change
in the product design or manufacturing
process, including the sourcing of
component parts;
(ii) For the testing of representative
samples to ensure continued
compliance;
(iii) For verifying that a children’s
product tested by a conformity
assessment body complies with
applicable children’s product safety
rules; and
(iv) For safeguarding against the
undue influence on a third party
conformity assessment body by a
manufacturer or private labeler.
The Commission has been working to
adopt a testing and certification rule
that sets forth the continued testing
requirements mandated by section 14(i).
In this context, we have explored
possible alternatives for small batch
manufacturers to reduce the burden and
cost of third party testing on such
E:\FR\FM\06OCN1.SGM
06OCN1
Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Notices
entities. However, as originally adopted,
section 14 imposed third party testing
on all manufacturers of children’s
products that are subject to a children’s
product safety rule, irrespective of the
size of the business or the number of
units produced, thereby limiting the
Commission’s ability to provide such
relief. As recently amended by H.R.
2715, however, section 14(i)(4) provides
special rules for small batch
manufacturers through which the
Commission is required, in
implementing third party testing
requirements, to take into consideration
any economic, administrative, or other
limits on the ability of small batch
manufacturers to comply with such
requirements. In addition, small batch
manufacturers of covered products,
under certain circumstances, may use
alternative testing requirements, if such
alternatives are available. Under section
14(i)(4)(E)(i), a ‘‘covered product’’
means a consumer product
manufactured by a small batch
manufacturer where no more than 7,500
units of the same product were
manufactured in the previous calendar
year. Section 14(i)(4)(E)(ii) defines the
term ‘‘small batch manufacturer’’ to
mean a manufacturer that had no more
than $1,000,000 in total gross revenue
from sales of all consumer products in
the previous calendar year.
In light of this new authority, the
Commission seeks to hear from
interested stakeholders about whether
such alternatives are available and what
such alternatives would entail. For
example, alternatives for a particular
rule may include different screening
techniques, sampling procedures, or a
first party testing regime. Staff has also
been exploring the idea of co-op
approaches to testing expense. However,
if the Commission determines that no
such alternative testing requirement is
available or economically practicable for
a particular rule, ban, regulation, or
standard, section 14(i)(4)(ii) permits the
Commission to exempt small batch
manufacturers from third party testing
requirements. Thus, in addition to
seeking information about alternative
testing requirements, the Commission
also wants to hear from interested
parties about whether they seek
exemption from third party testing
requirements because alternatives are
not available or are not economically
practicable. The Commission will
explore at the hearing whether
exemptions are appropriate with regard
to any and all children’s product safety
rules for which small batch
manufacturers may need relief. We note,
however, that in some cases, even if
alternatives are available and
economically practicable, we may not
allow the use of such an alternative (or,
if it is determined that no alternative is
available, the Commission may not
permit an exemption) where the
Commission determines that full
compliance with the third party testing
requirements is reasonably necessary to
protect public health or safety.
Moreover, sections 14(i)(4)(C)(i) and (ii)
prohibit the Commission from providing
alternative testing requirements or
exemptions for any of the third party
testing requirements contained in
clauses (i) through (v) of section
14(a)(3)(B) (lead paint, full-size or nonfull-size cribs, pacifiers, small parts,
children’s metal jewelry, baby bouncers,
walkers, and jumpers) or durable infant
or toddler products, as defined in
section 104(f) of the Consumer Product
Safety Improvement Act of 2008, 15
U.S.C. 2056(a)(f).
In seeking information about possible
alternative testing requirements, we
stress that any such alternative must
satisfy the underlying objectives
prescribed in the children’s product
safety rule for which the alternative is
sought, and must provide reasonable
methods to ensure compliance. Every
rule, ban, standard, or regulation issued
by the Commission is the result of
careful analysis, review, and research
through which alternatives are
evaluated and certain standard criteria
are met. In that process, Commission
staff has considered possible alternative
testing requirements to minimize the
burden of testing since passage of the
CPSIA. With regard to chemical testing,
for example, staff has approved the
use—in appropriate circumstances—of
XRF screening techniques for lead. In
addition, staff has been following
closely the development of screening
techniques for phthalates. Where
appropriate, and when the screening
methods are reliable and reproducible,
staff would be open to allowing the use
of screening techniques to mitigate
testing costs for chemical content testing
of children’s products and toys or the
heavy metals content of the paints and
surface coatings used on toys.
Screening techniques, however, are
not appropriate alternative testing
requirements for all children’s product
safety rules. For example, staff is not
aware of any screening technique that
would detect the flammability of a
child’s carpet and rug. In addition,
many of the performance standards and
tests in our rules have particularized
test methods for which an alternative
simply does not appear to be
practicable. The bicycle standard, for
example, contains rigorous performance
standards to reduce unreasonable risks
of injury, including exacting and welldocumented test procedures that are
analyzed to ensure the reproducibility
of the results and minimize
interlaboratory variability.
Therefore, as a threshold matter, any
alternative testing requirement
submitted to the Commission for
consideration, in addition to satisfying
the fundamental purpose of the rule for
which an alternative is presented, must
demonstrate acceptable performance in
the areas of:
• Accuracy;
• Precision;
• Repeatability;
• Reproducibility;
• Range;
• Sensitivity (to test setup and/or test
environment);
• Relevance (usefulness in predicting
consumer product performance); and
• Correlation between the proposed
alternative and existing regulatory
testing requirements.
Using these criteria, stakeholders
should submit specific and welldocumented information on the
availability and economic practicability
of alternative testing requirements for
the following children’s product safety
rules:
mstockstill on DSK4VPTVN1PROD with NOTICES
16 CFR Part No.
(or Test Method or Standard)
Description
1420 ..........................................................................................................
1203 ..........................................................................................................
1512 ..........................................................................................................
1513 ..........................................................................................................
1500.86(a)(5) ............................................................................................
1500.86(a)(7) and (8) ...............................................................................
1505 ..........................................................................................................
1615 ..........................................................................................................
1616 ..........................................................................................................
VerDate Mar<15>2010
16:07 Oct 05, 2011
Jkt 226001
PO 00000
Frm 00011
Fmt 4703
All-Terrain Vehicles.
Bicycle Helmets.
Bicycles.
Bunk Beds.
Clacker Balls.
Dive Sticks and Other Similar Articles.
Electrically Operated Toys or Articles.
Flammability of Children’s Sleepwear, Sizes 0 through 6X.
Flammability of Children’s Sleepwear, Sizes 7 through 14.
Sfmt 4703
62045
E:\FR\FM\06OCN1.SGM
06OCN1
62046
Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Notices
16 CFR Part No.
(or Test Method or Standard)
Description
1610 ..........................................................................................................
1632 ..........................................................................................................
1633 ..........................................................................................................
1611 ..........................................................................................................
1215 ..........................................................................................................
Sec. 101 of CPSIA (Test Method CPSC–CH–E1001–08 or CPSC–CH–
E1001–08.1).
Sec. 101 of CPSIA (Test Method CPSC–CH–E1002–08 and/or CPSC–
CH–E1002–08.1).
Sec. 108 of CPSIA (Test Method CPSC–CH–C1001–09.3 ) ..................
1510 ..........................................................................................................
1630 ..........................................................................................................
1631 ..........................................................................................................
1217 ..........................................................................................................
(ASTM F963) ............................................................................................
Stakeholders seeking an exemption
from one of the above-listed rules
should submit information to the
Commission demonstrating that an
alternative testing requirement is not
available or economically practicable. In
addition, because the Commission
cannot grant an exemption where it
determines that full compliance with
the third party testing provisions of the
CPSIA ‘‘is reasonably necessary to
protect the public health and safety,’’
the Commission is accepting comments
on this issue. The Commission intends
this hearing to fulfill all of the notice
and hearing requirements of HR 2715
with regard to the amendment of
Section 14(i)(2)(B)(ii)(4) of the CPSA,
‘‘Special Rules for Small Batch
Manufacturers.’’
Any information submitted in writing
or presented orally to the CPSC at the
public hearing will become part of the
public record. Access to the docket to
read background documents, including
a transcript of the public meeting, or
comments received, will be made
available at: https://www.regulations.gov
under Docket No. CPSC–2011–0070.
Dated: October 3, 2011.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2011–25876 Filed 10–5–11; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF DEFENSE
mstockstill on DSK4VPTVN1PROD with NOTICES
Office of the Secretary
Defense Science Board; Notice of
Advisory Committee Meetings
Department of Defense (DoD).
Notice of Advisory Committee
Meetings.
AGENCY:
ACTION:
The Defense Science Board
will meet in closed session on October
SUMMARY:
VerDate Mar<15>2010
16:07 Oct 05, 2011
Jkt 226001
Flammability of Clothing Textiles.
Flammability of Mattresses and Mattress Pads.
Flammability (Open-Flame) of Mattress Sets.
Flammability of Vinyl Plastic Film.
Infant Bath Seats.
Lead Content in Children’s Metal Products.
Lead Content in Children’s Non-Metal Products.
Phthalate Content of Children’s Toys and Child Care Articles.
Rattles.
Surface Flammability of Carpets and Rugs.
Surface Flammability of Small Carpets and Rugs.
Toddler Beds.
Toys.
26 and October 27, 2011; at the Johns
Hopkins University Applied Physics
Laboratory, 11100 Johns Hopkins Road,
Laurel, MD 20723.
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.
DATES: October 26 and October 27, 2011.
ADDRESSES: Johns Hopkins University
Applied Physics Laboratory, 11100
Johns Hopkins Road, Laurel, MD 20723.
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.
SUPPLEMENTARY INFORMATION: 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 meeting 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
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
the Defense Science Board. Individuals
submitting a written statement must
submit their statement to the Designated
Federal Official at the address in FOR
FURTHER INFORMATION CONTACT, 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.
Dated: September 30, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2011–25744 Filed 10–5–11; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Membership of the Performance
Review Board
Department of Defense (DoD),
Defense Finance and Accounting
Service.
AGENCY:
ACTION:
Notice.
This notice announces the
appointment of the members of the
Performance Review Board (PRB) of the
Defense Finance and Accounting
Service (DFAS). The publication of PRB
membership is required by 5 U.S.C.
4314(c)(4).
The Performance Review Board (PRB)
provides fair and impartial review of
Senior Executive Service performance
appraisals and makes recommendations
regarding performance ratings and
SUMMARY:
E:\FR\FM\06OCN1.SGM
06OCN1
]]>Agencies
[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Notices]
[Pages 62044-62046]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25876]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[ Docket No. CPSC-2011-0070]
Alternative Testing Requirements for Small Batch Manufacturers
AGENCY: U.S. Consumer Product Safety Commission.
ACTION: Notice of public hearing.
-----------------------------------------------------------------------
SUMMARY: Section 14(i)(4)(A)(i) of the Consumer Product Safety Act, 15
U.S.C. 2063(i)(4)(A)(i), provides that the Commission, in implementing
third party testing requirements, under certain circumstances, may
allow small batch manufacturers to use alternative testing requirements
in lieu of testing prescribed in an applicable consumer product safety
rule, ban, standard, or regulation. If, however, the Commission
determines that no alternative testing requirement is available or
economically practicable, it shall exempt eligible small batch
manufacturers from third party testing requirements. Through this
notice, the Commission is announcing that it will conduct a public
hearing to receive views from all interested parties about whether such
alternative testing requirements are available or economically
practicable or, in the absence of economically practicable
alternatives, whether an exemption from third party testing is
appropriate.
DATES: The public hearing will begin at 10 a.m. EST on October 26,
2011.
ADDRESSES: The public hearing will be held in the Hearing Room, 4th
Floor of the Bethesda Towers Building, 4330 East West Highway,
Bethesda, MD 20814.
Online Registration and Webcast: Members of the public who wish to
attend the public hearing are requested to preregister online at:
https://www/cpsc.gov. You may preregister until 5 p.m. EST on October
25, 2011. This public hearing also will be available live via webcast
on October 26, 2011, at: https://www/cpsc.gov/webcast. Registration is
not necessary to view the webcast. A transcript will be made of the
proceedings of the public hearing.
Oral Presentations and Written Comments: To make oral
presentations, participants must preregister online. Presenters must
also submit a request to make an oral presentation, and the written
text of such presentation, captioned ``Alternative Testing Requirements
for Small Batch Manufacturers Public Hearing,'' by electronic mail (e-
mail) to: cpsc.gov">cpsc-os@cpsc.gov, or mailed or delivered to the Office of the
Secretary, Consumer Product Safety Commission, 4330 East West Highway,
Bethesda, MD 20814, no later than 5 p.m. EST on October 21, 2011.
Commenters should limit their presentations to 15 minutes, exclusive of
questioning by the Commissioners or CPSC staff. We may limit the time
further for any presentation and impose other restrictions to avoid
excessive duplication of presentations.
Participants who are unable to make an oral presentation may submit
written comments regarding the issues outlined under SUPPLEMENTARY
INFORMATION captioned, ``Alternative Testing Requirements for Small
Batch Manufacturers Public Hearing'' by electronic mail (e-mail) to:
cpsc.gov">cpsc-os@cpsc.gov, or mailed or delivered to the Office of the
Secretary, Consumer Product Safety Commission, 4330 East West Highway,
Bethesda, MD 20814, no later than 5 p.m. EST on October 21, 2011. Any
information submitted in writing or presented orally to the CPSC at the
public hearing will become part of the public record.
FOR FURTHER INFORMATION CONTACT: Concerning requests and procedures for
oral presentations of comments, contact: Rockelle Hammond, Consumer
Product Safety Commission, Bethesda, MD 20814; telephone: (301) 504-
6833; e-mail: cpsc.gov">cpsc-os@cpsc.gov. For all other matters, contact: Robert
Howell, Deputy Executive Director, Safety Operations, Consumer Product
Safety Commission, Bethesda, MD 20814; telephone: (301) 504-7621; e-
mail: cpsc.gov">rhowell@cpsc.gov.
SUPPLEMENTARY INFORMATION: Section 14(a)(2)(A) of the Consumer Product
Safety Act, 15 U.S.C. 2063(a)(2)(A), provides that every manufacturer
of a children's product that is subject to a children's product safety
rule shall submit sufficient samples of the children's product, or
samples that are identical in all material respects to the product, to
a CPSC-approved third party conformity assessment body to be tested for
compliance with such children's product safety rule. Further, section
14(i)(2) requires continued testing of children's products, directing
the Commission to, by regulation, establish protocols and standards--
(i) For ensuring that a children's product tested for compliance
with an applicable children's product safety rule is subject to testing
periodically and when there has been a material change in the product
design or manufacturing process, including the sourcing of component
parts;
(ii) For the testing of representative samples to ensure continued
compliance;
(iii) For verifying that a children's product tested by a
conformity assessment body complies with applicable children's product
safety rules; and
(iv) For safeguarding against the undue influence on a third party
conformity assessment body by a manufacturer or private labeler.
The Commission has been working to adopt a testing and certification
rule that sets forth the continued testing requirements mandated by
section 14(i). In this context, we have explored possible alternatives
for small batch manufacturers to reduce the burden and cost of third
party testing on such
[[Page 62045]]
entities. However, as originally adopted, section 14 imposed third
party testing on all manufacturers of children's products that are
subject to a children's product safety rule, irrespective of the size
of the business or the number of units produced, thereby limiting the
Commission's ability to provide such relief. As recently amended by
H.R. 2715, however, section 14(i)(4) provides special rules for small
batch manufacturers through which the Commission is required, in
implementing third party testing requirements, to take into
consideration any economic, administrative, or other limits on the
ability of small batch manufacturers to comply with such requirements.
In addition, small batch manufacturers of covered products, under
certain circumstances, may use alternative testing requirements, if
such alternatives are available. Under section 14(i)(4)(E)(i), a
``covered product'' means a consumer product manufactured by a small
batch manufacturer where no more than 7,500 units of the same product
were manufactured in the previous calendar year. Section
14(i)(4)(E)(ii) defines the term ``small batch manufacturer'' to mean a
manufacturer that had no more than $1,000,000 in total gross revenue
from sales of all consumer products in the previous calendar year.
In light of this new authority, the Commission seeks to hear from
interested stakeholders about whether such alternatives are available
and what such alternatives would entail. For example, alternatives for
a particular rule may include different screening techniques, sampling
procedures, or a first party testing regime. Staff has also been
exploring the idea of co-op approaches to testing expense. However, if
the Commission determines that no such alternative testing requirement
is available or economically practicable for a particular rule, ban,
regulation, or standard, section 14(i)(4)(ii) permits the Commission to
exempt small batch manufacturers from third party testing requirements.
Thus, in addition to seeking information about alternative testing
requirements, the Commission also wants to hear from interested parties
about whether they seek exemption from third party testing requirements
because alternatives are not available or are not economically
practicable. The Commission will explore at the hearing whether
exemptions are appropriate with regard to any and all children's
product safety rules for which small batch manufacturers may need
relief. We note, however, that in some cases, even if alternatives are
available and economically practicable, we may not allow the use of
such an alternative (or, if it is determined that no alternative is
available, the Commission may not permit an exemption) where the
Commission determines that full compliance with the third party testing
requirements is reasonably necessary to protect public health or
safety. Moreover, sections 14(i)(4)(C)(i) and (ii) prohibit the
Commission from providing alternative testing requirements or
exemptions for any of the third party testing requirements contained in
clauses (i) through (v) of section 14(a)(3)(B) (lead paint, full-size
or non-full-size cribs, pacifiers, small parts, children's metal
jewelry, baby bouncers, walkers, and jumpers) or durable infant or
toddler products, as defined in section 104(f) of the Consumer Product
Safety Improvement Act of 2008, 15 U.S.C. 2056(a)(f).
In seeking information about possible alternative testing
requirements, we stress that any such alternative must satisfy the
underlying objectives prescribed in the children's product safety rule
for which the alternative is sought, and must provide reasonable
methods to ensure compliance. Every rule, ban, standard, or regulation
issued by the Commission is the result of careful analysis, review, and
research through which alternatives are evaluated and certain standard
criteria are met. In that process, Commission staff has considered
possible alternative testing requirements to minimize the burden of
testing since passage of the CPSIA. With regard to chemical testing,
for example, staff has approved the use--in appropriate circumstances--
of XRF screening techniques for lead. In addition, staff has been
following closely the development of screening techniques for
phthalates. Where appropriate, and when the screening methods are
reliable and reproducible, staff would be open to allowing the use of
screening techniques to mitigate testing costs for chemical content
testing of children's products and toys or the heavy metals content of
the paints and surface coatings used on toys.
Screening techniques, however, are not appropriate alternative
testing requirements for all children's product safety rules. For
example, staff is not aware of any screening technique that would
detect the flammability of a child's carpet and rug. In addition, many
of the performance standards and tests in our rules have particularized
test methods for which an alternative simply does not appear to be
practicable. The bicycle standard, for example, contains rigorous
performance standards to reduce unreasonable risks of injury, including
exacting and well-documented test procedures that are analyzed to
ensure the reproducibility of the results and minimize interlaboratory
variability.
Therefore, as a threshold matter, any alternative testing
requirement submitted to the Commission for consideration, in addition
to satisfying the fundamental purpose of the rule for which an
alternative is presented, must demonstrate acceptable performance in
the areas of:
Accuracy;
Precision;
Repeatability;
Reproducibility;
Range;
Sensitivity (to test setup and/or test environment);
Relevance (usefulness in predicting consumer product
performance); and
Correlation between the proposed alternative and existing
regulatory testing requirements.
Using these criteria, stakeholders should submit specific and well-
documented information on the availability and economic practicability
of alternative testing requirements for the following children's
product safety rules:
------------------------------------------------------------------------
16 CFR Part No. (or Test Method or
Standard) Description
------------------------------------------------------------------------
1420................................... All-Terrain Vehicles.
1203................................... Bicycle Helmets.
1512................................... Bicycles.
1513................................... Bunk Beds.
1500.86(a)(5).......................... Clacker Balls.
1500.86(a)(7) and (8).................. Dive Sticks and Other Similar
Articles.
1505................................... Electrically Operated Toys or
Articles.
1615................................... Flammability of Children's
Sleepwear, Sizes 0 through 6X.
1616................................... Flammability of Children's
Sleepwear, Sizes 7 through 14.
[[Page 62046]]
1610................................... Flammability of Clothing
Textiles.
1632................................... Flammability of Mattresses and
Mattress Pads.
1633................................... Flammability (Open-Flame) of
Mattress Sets.
1611................................... Flammability of Vinyl Plastic
Film.
1215................................... Infant Bath Seats.
Sec. 101 of CPSIA (Test Method CPSC-CH- Lead Content in Children's
E1001-08 or CPSC-CH-E1001-08.1). Metal Products.
Sec. 101 of CPSIA (Test Method CPSC-CH- Lead Content in Children's Non-
E1002-08 and/or CPSC-CH-E1002-08.1). Metal Products.
Sec. 108 of CPSIA (Test Method CPSC-CH- Phthalate Content of Children's
C1001-09.3 ). Toys and Child Care Articles.
1510................................... Rattles.
1630................................... Surface Flammability of Carpets
and Rugs.
1631................................... Surface Flammability of Small
Carpets and Rugs.
1217................................... Toddler Beds.
(ASTM F963)............................ Toys.
------------------------------------------------------------------------
Stakeholders seeking an exemption from one of the above-listed
rules should submit information to the Commission demonstrating that an
alternative testing requirement is not available or economically
practicable. In addition, because the Commission cannot grant an
exemption where it determines that full compliance with the third party
testing provisions of the CPSIA ``is reasonably necessary to protect
the public health and safety,'' the Commission is accepting comments on
this issue. The Commission intends this hearing to fulfill all of the
notice and hearing requirements of HR 2715 with regard to the amendment
of Section 14(i)(2)(B)(ii)(4) of the CPSA, ``Special Rules for Small
Batch Manufacturers.''
Any information submitted in writing or presented orally to the
CPSC at the public hearing will become part of the public record.
Access to the docket to read background documents, including a
transcript of the public meeting, or comments received, will be made
available at: https://www.regulations.gov under Docket No. CPSC-2011-
0070.
Dated: October 3, 2011.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2011-25876 Filed 10-5-11; 8:45 am]
BILLING CODE 6355-01-P
