Statement of Policy on Enforcement Discretion Regarding General Conformity Certificates for Adult Wearing Apparel Exempt From Testing, 12587-12588 [2016-04533]
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Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations
Issued in Burlington, Massachusetts, on
February 2, 2016.
Ann C. Mollica,
Acting Manager, Engine & Propeller
Directorate, Aircraft Certification Service.
[FR Doc. 2016–05319 Filed 3–9–16; 8:45 am]
BILLING CODE 4910–13–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1610
Statement of Policy on Enforcement
Discretion Regarding General
Conformity Certificates for Adult
Wearing Apparel Exempt From Testing
U.S. Consumer Product Safety
Commission.
ACTION: Statement of enforcement
policy.
AGENCY:
The Consumer Product Safety
Commission (‘‘CPSC’’) has approved a
Statement of Policy regarding the
CPSC’s enforcement of the requirement
for a general conformity assessment
certificate (‘‘GCC’’) with respect to adult
wearing apparel that is exempt from
testing under the CPSC’s clothing
flammability standard.
DATES: Effective March 25, 2016.
FOR FURTHER INFORMATION CONTACT:
Mary Toro, Director, Division of
Regulatory Enforcement, Office of
Compliance, U.S. Consumer Product
Safety Commission, 4330 East-West
Highway, Bethesda, MD 20814;
telephone: (301)–504–7586 email:
mtoro@cpsc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
jstallworth on DSK7TPTVN1PROD with RULES
A. Background
The Consumer Product Safety
Improvement Act (‘‘CPSIA’’) was
enacted on August 14, 2008 (Pub. L.
110–314). Section 102(A) of the CPSIA
requires that all manufacturers of
consumer products subject to a rule,
standard, or ban enforced by the CPSC
issue a general conformity certificate
(‘‘GCC’’) certifying that ‘‘based on a test
of each product or upon a reasonable
testing program, that such product
complies with all rules, bans, standards,
or regulations applicable to the
product.’’ 1
B. Flammable Fabrics Act and Related
Regulations
In 1953, Congress enacted the
Flammable Fabrics Act (‘‘FFA’’) in
response to a number of serious injuries
and deaths resulting from burns
associated with garments made from
1 122
Stat. at 3022, 102(a).
VerDate Sep<11>2014
14:38 Mar 09, 2016
Jkt 238001
high-pile rayon.2 The clothing
flammability standard at 16 CFR part
1610 (‘‘1610’’ or ‘‘the Standard’’)
provides for classification of various
types of fabrics and describes in detail
the test method to determine
flammability.
Section 1610.1(c) excepts from the
flammability standard certain hats,
gloves, footwear, and interlining fabrics.
Because this section specifically says
that the ‘‘standard shall not apply to’’
these articles, they are not ‘‘subject to’’
a rule, standard, or ban under section
102(a) of the CPSIA, and therefore
manufacturers and importers are neither
subject to the regulation nor required to
produce a GCC for these products.
Section 1610.1(d), conversely,
exempts from testing, but not from the
standard as a whole, garments made
entirely from certain fabrics that the
Commission has consistently found not
to be flammable. These include:
(1) Plain surface fabrics, regardless of fiber
content, weighing 2.6 ounces per square yard
or more; and
(2) All fabrics, both plain surface and
raised-fiber surface textiles, regardless of
weight, made entirely from any of the
following fibers or entirely from combination
of the following fibers: Acrylic, modacrylic,
nylon, olefin, polyester, wool.
Because products made from these
fabrics are exempt from testing but not
excepted from the standard as a whole,
they are still ‘‘subject to’’ a rule,
standard, or ban and manufacturers and
importers of these exempted products
have been required to issue a GCC.
C. Rationale for Enforcement Discretion
Experience gained from years of
testing in accordance with 16 CFR part
1610 demonstrates that the exempted
fabrics referenced above consistently
yield acceptable results when tested in
accordance with the Standard. This
experience allowed an exemption from
testing in the Standard, for the purpose
of issuing guaranties.3 The Standard
allows persons or firms issuing an
initial guaranty of any of the referenced
fabrics, or of products made entirely
from one or more of these fabrics, an
exemption from any requirement for
testing to support guaranties of those
fabrics.
Certificates of compliance for
children’s products and other consumer
products regulated by the Commission
serve many vital purposes, not least of
which is to assure our compliance staff
that these goods have met the testing
2 Floyd B. Oglesbay, The Flammable Fabrics
Problem, 44 Pediatrics 827 (1969), available at
https://www.ncbi.nlm.nih.gov/pmc/articles/
PMC1730418/pdf/v004p00317.pdf.
3 16 CFR 1610.1(d).
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
12587
requirements set forth in our rules.
Adult apparel is rarely, if ever, subject
to more than one CPSC regulation.
Many retailers are issuing GCCs simply
noting an exemption from testing to the
Standard. The Commission believes the
issuance of GCCs for these products is
not necessary for CPSC staff to enforce
the Standard because the Commission
has granted a testing exemption to these
fabrics and adult apparel made from
these fabrics is unlikely to be subject to
other consumer product safety rules,
standards, or bans. This proposal
provides an opportunity to reduce costs
to manufacturers and importers without
affecting consumer safety.
D. Statement of Policy
The Commission votes to exercise the
following enforcement discretion:
Effective March 25, 2016, the
Commission will not pursue compliance
or enforcement actions against
manufacturers, importers or private
labelers for failure to certify or to issue,
provide or make available to the
Commission a general conformity
certificate as required by 15 U.S.C.
2063(a)(1) with respect to adult wearing
apparel that is exempt from testing
pursuant to 16 CFR 1610.1(d).
E. Limitations of Enforcement
Discretion
The intent of this enforcement
discretion should be read narrowly
within its precise terms. The
Commission will use enforcement
discretion only for certificate violations
related to the indicated product
category. These products must still
comply with all flammability
requirements under the FFA; failure to
comply with flammability standards will
still subject the products to enforcement
action.
Further, this enforcement discretion
does not apply to any adult wearing
apparel that does not fit the specific
testing exemptions provided for in 16
CFR 1610.1(d). For example, if a
manufacturer produced a garment made
from a plain surface silk fabric that
weighs less than 2.6 ounces per square
yard, that garment would not fall within
the exemption, and the manufacturer
would still be expected to produce a
GCC. Should the Commission become
aware of unsafe products entering the
market as a result of this statement of
policy, it reserves the right to withdraw
the policy prospectively with no less
than 90 days’ notice.
This statement of policy, and the
enforcement discretion described
herein, is limited to certificates required
for adult wearing apparel that is exempt
from testing pursuant to 16 CFR
E:\FR\FM\10MRR1.SGM
10MRR1
12588
Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations
1610.1(d). If the adult wearing apparel
is not exempt from testing under 16 CFR
1610.1(d), none of this policy, the
enforcement discretion described in this
policy nor the implications of such
enforcement discretion shall apply. In
addition, any misrepresentation or
omission regarding the applicable facts
or application of 16 CFR 1610.1(d)
under the circumstances could subject
the applicable firm to applicable
compliance or enforcement action and
potential civil and/or criminal penalties.
The Commission’s exercise of the
enforcement discretion described in this
policy is not intended to, does not and
may not be relied upon to create any
right or benefit, substantive or
procedural, enforceable at law by any
party against the CPSC or otherwise
against the United States government.
Dated: February 26, 2016.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2016–04533 Filed 3–9–16; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0155]
RIN 1625–AA00
Safety Zone; Upper Mississippi River
321.4 to 321.6; Quincy, IL
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
all waters of the Upper Mississippi
River (UMR) from mile 321.4 to mile
321.6. The safety zone is needed to
protect persons, property, and
infrastructure from potential damage
and safety hazards associated with work
being completed on new power lines
across the river. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port (COTP). Deviation
from the safety zone may be requested
and will be considered on a case-by-case
basis as specifically authorized by the
COTP or a designated representative.
DATES: This rule is effective from 7:00
a.m. until 5:00 p.m. daily beginning on
March 21, 2016 through April 1, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
14:38 Mar 09, 2016
Jkt 238001
www.regulations.gov, type USCG–2016–
0155 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LCDR Sean Peterson, Chief of
Prevention, U.S. Coast Guard; telephone
314–269–2332, email Sean.M.Peterson@
uscg.mil.
SUPPLEMENTARY INFORMATION:
COTP UMR has determined that
potential hazards associated with using
helicopters to stretch power lines across
the navigational channel presents safety
concerns for anyone within this limited
area of the UMR. This rule provides
additional safety measures, to protect
persons and vessels, in the form of a
safety zone from mile 321.4 to mile
321.6 on the UMR to protect those in the
area and for the Coast Guard to maintain
navigational safety.
I. Table of Abbreviations
IV. Discussion of the Rule
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
UMR Upper Mississippi River
U.S.C. United States Code
The Coast Guard is establishing a
temporary safety zone prohibiting
access to the UMR from mile 321.4 to
mile 321.6, extending the entire width
of the river from 7:00 a.m. until 5:00
p.m. daily beginning on March 21, 2016
and scheduled to end on April 1, 2016,
or until conditions allow for safe
navigation, whichever occurs earlier.
Deviation from the safety zone may be
requested and will be considered on a
case-by-case basis as specifically
authorized by the COTP or a designated
representative. The COTP may be
contacted by telephone at 314–269–
2332 or can be reached by VHF–FM
channel 16.
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency finds good
cause that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
Ameren notified the Coast Guard on
February 17, 2016, that this work will
require helicopters to stretch the power
lines across the river. Due to the risks
associated with this work crossing the
navigable channel, a closure is needed.
It would be impracticable to publish a
NPRM because the safety zone must be
established beginning March 21, 2016.
Broadcast Notices to Mariners (BNM)
and information sharing with waterway
users will update mariners of the safety
zone and enforcement times during the
operations.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making it
effective less than 30 days after
publication in the Federal Register.
Providing 30 days notice would be
impracticable because immediate action
is needed to protect vessels from the
hazards associated with the rope
crossing the navigable channel.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget. This rule establishes a
temporary safety zone limiting access to
the UMR from mile 321.4 to mile 321.6.
Notifications of enforcement times will
be communicated to the marine
community via BNM. The impacts on
navigation will be limited to ensure the
safety of mariners and vessels during
the period that the helicopters will be
pulling the power lines across the
navigational channel. Deviation requests
E:\FR\FM\10MRR1.SGM
10MRR1
Agencies
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Rules and Regulations]
[Pages 12587-12588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04533]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1610
Statement of Policy on Enforcement Discretion Regarding General
Conformity Certificates for Adult Wearing Apparel Exempt From Testing
AGENCY: U.S. Consumer Product Safety Commission.
ACTION: Statement of enforcement policy.
-----------------------------------------------------------------------
SUMMARY: The Consumer Product Safety Commission (``CPSC'') has approved
a Statement of Policy regarding the CPSC's enforcement of the
requirement for a general conformity assessment certificate (``GCC'')
with respect to adult wearing apparel that is exempt from testing under
the CPSC's clothing flammability standard.
DATES: Effective March 25, 2016.
FOR FURTHER INFORMATION CONTACT: Mary Toro, Director, Division of
Regulatory Enforcement, Office of Compliance, U.S. Consumer Product
Safety Commission, 4330 East-West Highway, Bethesda, MD 20814;
telephone: (301)-504-7586 email: mtoro@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
The Consumer Product Safety Improvement Act (``CPSIA'') was enacted
on August 14, 2008 (Pub. L. 110-314). Section 102(A) of the CPSIA
requires that all manufacturers of consumer products subject to a rule,
standard, or ban enforced by the CPSC issue a general conformity
certificate (``GCC'') certifying that ``based on a test of each product
or upon a reasonable testing program, that such product complies with
all rules, bans, standards, or regulations applicable to the product.''
\1\
---------------------------------------------------------------------------
\1\ 122 Stat. at 3022, 102(a).
---------------------------------------------------------------------------
B. Flammable Fabrics Act and Related Regulations
In 1953, Congress enacted the Flammable Fabrics Act (``FFA'') in
response to a number of serious injuries and deaths resulting from
burns associated with garments made from high-pile rayon.\2\ The
clothing flammability standard at 16 CFR part 1610 (``1610'' or ``the
Standard'') provides for classification of various types of fabrics and
describes in detail the test method to determine flammability.
---------------------------------------------------------------------------
\2\ Floyd B. Oglesbay, The Flammable Fabrics Problem, 44
Pediatrics 827 (1969), available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1730418/pdf/v004p00317.pdf.
---------------------------------------------------------------------------
Section 1610.1(c) excepts from the flammability standard certain
hats, gloves, footwear, and interlining fabrics. Because this section
specifically says that the ``standard shall not apply to'' these
articles, they are not ``subject to'' a rule, standard, or ban under
section 102(a) of the CPSIA, and therefore manufacturers and importers
are neither subject to the regulation nor required to produce a GCC for
these products.
Section 1610.1(d), conversely, exempts from testing, but not from
the standard as a whole, garments made entirely from certain fabrics
that the Commission has consistently found not to be flammable. These
include:
(1) Plain surface fabrics, regardless of fiber content, weighing
2.6 ounces per square yard or more; and
(2) All fabrics, both plain surface and raised-fiber surface
textiles, regardless of weight, made entirely from any of the
following fibers or entirely from combination of the following
fibers: Acrylic, modacrylic, nylon, olefin, polyester, wool.
Because products made from these fabrics are exempt from testing
but not excepted from the standard as a whole, they are still ``subject
to'' a rule, standard, or ban and manufacturers and importers of these
exempted products have been required to issue a GCC.
C. Rationale for Enforcement Discretion
Experience gained from years of testing in accordance with 16 CFR
part 1610 demonstrates that the exempted fabrics referenced above
consistently yield acceptable results when tested in accordance with
the Standard. This experience allowed an exemption from testing in the
Standard, for the purpose of issuing guaranties.\3\ The Standard allows
persons or firms issuing an initial guaranty of any of the referenced
fabrics, or of products made entirely from one or more of these
fabrics, an exemption from any requirement for testing to support
guaranties of those fabrics.
---------------------------------------------------------------------------
\3\ 16 CFR 1610.1(d).
---------------------------------------------------------------------------
Certificates of compliance for children's products and other
consumer products regulated by the Commission serve many vital
purposes, not least of which is to assure our compliance staff that
these goods have met the testing requirements set forth in our rules.
Adult apparel is rarely, if ever, subject to more than one CPSC
regulation. Many retailers are issuing GCCs simply noting an exemption
from testing to the Standard. The Commission believes the issuance of
GCCs for these products is not necessary for CPSC staff to enforce the
Standard because the Commission has granted a testing exemption to
these fabrics and adult apparel made from these fabrics is unlikely to
be subject to other consumer product safety rules, standards, or bans.
This proposal provides an opportunity to reduce costs to manufacturers
and importers without affecting consumer safety.
D. Statement of Policy
The Commission votes to exercise the following enforcement
discretion: Effective March 25, 2016, the Commission will not pursue
compliance or enforcement actions against manufacturers, importers or
private labelers for failure to certify or to issue, provide or make
available to the Commission a general conformity certificate as
required by 15 U.S.C. 2063(a)(1) with respect to adult wearing apparel
that is exempt from testing pursuant to 16 CFR 1610.1(d).
E. Limitations of Enforcement Discretion
The intent of this enforcement discretion should be read narrowly
within its precise terms. The Commission will use enforcement
discretion only for certificate violations related to the indicated
product category. These products must still comply with all
flammability requirements under the FFA; failure to comply with
flammability standards will still subject the products to enforcement
action.
Further, this enforcement discretion does not apply to any adult
wearing apparel that does not fit the specific testing exemptions
provided for in 16 CFR 1610.1(d). For example, if a manufacturer
produced a garment made from a plain surface silk fabric that weighs
less than 2.6 ounces per square yard, that garment would not fall
within the exemption, and the manufacturer would still be expected to
produce a GCC. Should the Commission become aware of unsafe products
entering the market as a result of this statement of policy, it
reserves the right to withdraw the policy prospectively with no less
than 90 days' notice.
This statement of policy, and the enforcement discretion described
herein, is limited to certificates required for adult wearing apparel
that is exempt from testing pursuant to 16 CFR
[[Page 12588]]
1610.1(d). If the adult wearing apparel is not exempt from testing
under 16 CFR 1610.1(d), none of this policy, the enforcement discretion
described in this policy nor the implications of such enforcement
discretion shall apply. In addition, any misrepresentation or omission
regarding the applicable facts or application of 16 CFR 1610.1(d) under
the circumstances could subject the applicable firm to applicable
compliance or enforcement action and potential civil and/or criminal
penalties.
The Commission's exercise of the enforcement discretion described
in this policy is not intended to, does not and may not be relied upon
to create any right or benefit, substantive or procedural, enforceable
at law by any party against the CPSC or otherwise against the United
States government.
Dated: February 26, 2016.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2016-04533 Filed 3-9-16; 8:45 am]
BILLING CODE 6355-01-P