Consumer Product Safety Commission 2009 – Federal Register Recent Federal Regulation Documents

It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with The TJX Companies, Inc., d/b/a T.J. Maxx, containing a civil penalty of $315,000.00.

The Consumer Product Safety Commission (Commission) is announcing that a collection of information entitled Children's Products Containing Lead; Procedures and Requirements for Commission Determination or Exclusion has been approved by the Office of Management and budget (OMB) under the Paperwork Reduction Act of 1995.

As required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Consumer Product Safety Commission (Commission) requests comments on a proposed extension of approval, for a period of three years from the date of approval by the Office of Management and Budget (OMB), of a collection of information from manufacturers and importers of children's sleepwear. This collection of information is in the Standard for the Flammability of Children's Sleepwear: Sizes 0 through 6X and the Standard for the Flammability of Children's Sleepwear: Sizes 7 through 14 and regulations implementing those standards. See 16 CFR Parts 1615 and 1616. The children's sleepwear standards and implementing regulations establish requirements for testing and recordkeeping by manufacturers and importers of children's sleepwear.

As required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Consumer Product Safety Commission (Commission) requests comments on a proposed extension of approval, for a period of three years from the date of approval by the Office of Management and Budget (OMB), of information collection requirements for manufacturers and importers of children's articles known as baby-bouncers, walker-jumpers, or baby-walkers. The collection of information consists of requirements that manufacturers and importers of these products must make, keep and maintain records of inspections, testing, sales, and distributions consistent with the provisions of the Federal Hazardous Substances Act, 15 U.S.C. 1261, 1262, and 16 CFR Part 1500.

It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Forman Mills, Inc, containing a civil penalty of $35,000.00.

It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Brents-Riordan Co., LLC, containing a civil penalty of $30,000.00.

It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Seventy Two, Inc., containing a civil penalty of $25,000.00.

It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally accepted Settlement Agreement with Coolibar, Inc., containing a civil penalty of $25,000.00.

On August 14, 2008, the Consumer Product Safety Improvement Act (CPSIA) of 2008 was signed into law. Section 104 of the CPSIA requires the Commission to study and develop safety standards for durable infant and toddler products. The Commission is charged with examining and assessing the effectiveness of any voluntary consumer product safety standards for these products in consultation with representatives of consumer groups, juvenile product manufacturers, and independent child product engineers and experts. As part of the consultation process, the Commission will hold a Roundtable on Cribs and Other Sleeping Environments for Infants.

The Consumer Product Safety Commission (Commission or CPSC) is issuing a final rule on procedures and requirements on requests for: a Commission determination that a commodity or class of materials or a specific material or product does not exceed the lead content limits specified under section 101(a) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), Public Law 110-314; or an exclusion of a commodity or class of materials or a specific material or product under section 101(b)(1) of the CPSIA, that exceeds the lead content limits under section 101(a) of the CPSIA, but which will not result in the absorption of any lead into the human body nor have any other adverse impact on public health or safety.

The Consumer Product Safety Improvement Act of 2008 requires that, effective August 14, 2009, the manufacturer of a children's product must place permanent distinguishing marks on the product and its packaging that provides certain identifying information. The United States Consumer Product Safety Commission (``Commission'') is requesting comments and information about implementation of this program.

The Consumer Product Safety Commission (CPSC or Commission) is issuing an interim final rule concerning certain electronic devices for which it is not technologically feasible to meet the lead limits as required under section 101 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), Public Law 110-314, 122 Stat. 3016. By notice published elsewhere in today's Federal Register, the Commission is withdrawing the proposed rule on exemptions for certain electronic devices published in the Federal Register on January 15, 2009, 74 FR 2435.

This notice announces the decision of the Consumer Product Safety Commission (``CPSC'' or ``Commission'') to stay enforcement of certain provisions of subsection 14(a) of the Consumer Product Safety Act (``CPSA'') as amended by section 102(a) of the Consumer Product Safety Improvement Act of 2008 (``CPSIA''), Public Law 110-314. Specifically, the Commission is staying certain of the requirements of paragraphs 14(a)(1), (2), and (3) that otherwise require testing and issuance of certificates of compliance by manufacturers, including importers, of products subject to an applicable consumer product safety rule as defined in the CPSA or similar rule, ban, standard, or regulation under any other Act enforced by the Commission. This stay covers all such requirements with the exception of: (1) Those where testing and certification was required by subsection 14(a) of the CPSA prior to enactment of the CPSIA; and (2) Those requirements, when they become effective, applicable to children's product certifications required to be supported by third party testing for which the Commission has issued requirements for acceptance of accreditation of third party testing laboratories to test for: Lead paint (effective for products manufactured after December 21, 2008), Full-size and non-full size cribs and pacifiers (effective for products manufactured after January 20, 2009), Small parts (effective for products manufactured after February 15, 2009), and Metal components of children's metal jewelry (effective for products manufactured after March 23, 2009); and (3) Any and all certifications expressly required by CPSC regulations; and (4) The certifications required due to certain requirements of the Virginia Graeme Baker Pool & Spa Safety Act being defined as consumer product safety ``rules;'' and (5) The certifications of compliance required for ATVs in section 42(a)(2) of the CPSA which were added by CPSIA; and (6) Any voluntary guarantees provided for in the Flammable Fabrics Act (``FFA'') or otherwise (to the extent a guarantor wishes to issue one). This stay will remain in effect until February 10, 2010, at which time the Commission will vote to terminate the stay. This stay does not alter or postpone the requirement that all products meet applicable consumer product safety rules as defined in the CPSA or similar rules, bans, standards, or regulations under any other Act enforced by the Commission.

On August 14, 2008, Congress enacted the Consumer Product Safety Improvement Act of 2008 (CPSIA), Public Law 110-314, 122 Stat. 3016. Section 101(a) of the CPSIA provides for specific lead limits in children's products. Section 101(b)(2) of the CPSIA provides that the lead limits will not apply to any component part of a children's product that is not accessible to a child through normal and reasonably foreseeable use and abuse. Section 101(b)(2)(B) of the CPSIA further directs the Commission to promulgate by August 14, 2009, a rule providing guidance with respect to what product components or classes of components will be considered to be inaccessible. In this document, the Commission is proposing an interpretative rule providing guidance on inaccessible component parts.

On August 14, 2008, Congress enacted the Consumer Product Safety Improvement Act of 2008 (CPSIA), Public Law 110-314. The Commission proposes to establish procedures and requirements for: A Commission determination that a commodity or class of materials or a specific material or product does not exceed the lead content limits specified under section 101(a) of the CPSIA; or an exclusion of a commodity or class of materials or a specific material or product under section 101(b), that exceeds the lead content limits under section 101(a), but which will not result in the absorption of any lead into the human body nor have any other adverse impact on public health or safety. This notice sets out and solicits comments on proposed procedures and requirements and information to be supplied with such requests.