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Third Party Testing for Certain Children’s Product; Notice of Requirements for Accreditation of Third

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67838 Federal Register/Vol. 73, No. 222/Monday, November 17, 2008/Notices 1EFFECTIVE DATE: November 17, 2008. apparel articles for a full 12-month rule’’) Each manufacturer (including period, through September 30, 2009. the importer) or private labeler of FOR FURTHER INFORMATION CONTACT: For the period beginning on October products subject to those regulations Richard Stetson, International Trade 1, 2008 and extending through must have products manufactured more Specialist, Office of Textiles and September 30, 2009, the aggregate than 90 days after the Federal Register Apparel, U.S. Department of Commerce, quantity of imports eligible for publication date of this notice tested by (202) 482–3400. preferential treatment under the a laboratory accredited to do so and SUPPLEMENTARY INFORMATION: regional fabric provision is must issue a certificate of compliance Authority: Section 3103 of the Trade Act 1,222,785,719 square meters equivalent. with the applicable regulations based on of 2002, Pub. L. No. 107–210; Title VII of the 2, 3Apparel articles entered in excess of this that testing. Tax Relief and Health Care Act of 2006 quantity will be subject to otherwise (TRHCA 2006), Pub. L. No. 109–432; H.R. The Commission is also recognizing applicable tariffs. 1830 110th Cong. (2007); Presidential limited circumstances in which testing This quantity is calculated using the Proclamation 7616 of October 31, 2002 (67 performed by a laboratory on or after aggregate ...
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Federal Register/ NoticesNovember 17, 2008/ Monday,73, No. 222/ Vol.
1 EFFECTIVE DATE:November 17, 2008.rule’’) Eachmanufacturer (includingapparel articles for a full 12month period, through September 30, 2009.the importer) or private labeler of FOR FURTHER INFORMATION CONTACT: For the period beginning on Octoberproducts subject to those regulations Richard Stetson, International Trade 1, 2008 and extending throughmust have products manufactured more Specialist, Office of Textiles and September 30, 2009, the aggregatethan 90 days after theFederal Register Apparel, U.S. Department of Commerce, quantity of imports eligible forpublication date of this notice tested by (202) 482–3400. preferential treatment under thea laboratory accredited to do so and SUPPLEMENTARY INFORMATION: regional fabric provision ismust issue a certificate of compliance Authority:Section 3103 of the Trade Act 1,222,785,719 square meters equivalent.with the applicable regulations based on of 2002, Pub. L. No. 107–210; Title VII of the 2, 3 Apparel articles entered in excess of thisthat testing.Tax Relief and Health Care Act of 2006 quantity will be subject to otherwise (TRHCA 2006), Pub. L. No. 109–432; H.R.The Commission is also recognizing applicable tariffs. limited circumstances in which testing 1830 110th Cong. (2007); Presidential This quantity is calculated using the Proclamation 7616 of October 31, 2002 (67 performed by a laboratory on or after FR 67283, November 5, 2002).aggregate square meter equivalents of all May 16, 2008, 90 days prior to the date apparel articles imported into the Section 3103 of the Trade Act of 2002 of enactment of CPSIA (August 14, United States, derived from the set of amended the Andean Trade Preference 2008), but prior to Commission Harmonized System lines listed in the Act (ATPA) to provide for duty and acceptance of the laboratory’s Annex to the World Trade Organization quotafree treatment for certain textile preexisting accreditation, provided that Agreement on Textiles and Clothing and apparel articles imported from accreditation is accepted not later than (ATC), and the conversion factors for designated Andean Trade Promotion January 20, 2009, may form the basis for units of measure into square meter and Drug Eradication Act (ATPDEA) the certificate of compliance with the equivalents used by the United States in beneficiary countries. Section small parts regulation required of the implementing the ATC. 204(b)(3)(B)(iii) of the amended ATPA manufacturer or private labeler. provides duty and quotafree treatment Janet E. Heinzen, This notice provides the criteria and for certain apparel articles assembled in Acting Chairman, Committee for the process for Commission acceptance of ATPDEA beneficiary countries from Implementation of Textile Agreements. accreditation of ‘‘third party’’ regional fabric and components, subject [FR Doc. E8–27229 Filed 11–14–08; 8:45 am] laboratories for testing to the small parts to quantitative limitation. More regulations (laboratories that are not BILLING CODE 3510–DS specifically, this provision applies to owned, managed, or controlled by a apparel articles sewn or otherwise manufacturer or private labeler of a assembled in one or more ATPDEA children’s product to be tested by the beneficiary countries from fabrics or CONSUMER PRODUCT SAFETY laboratory for certification purposes), from fabric components formed or from COMMISSION ‘‘firewalled’’ laboratories (those that are components knittoshape, in one or owned, managed, or controlled by a more ATPDEA beneficiary countries, Third Party Testing for Certain manufacturer or private labeler of a from yarns wholly formed in the United Children’s Products; Notice of children’s product to be tested by the States or one or more ATPDEA Requirements for Accreditation of laboratory for certification purposes and beneficiary countries (including fabrics Third Party Conformity Assessment that seek accreditation under the not formed from yarns, if such fabrics Bodies to Assess Conformity With Part additional statutory criteria for are classifiable under heading 5602 and 1501 of Title 16, Code of Federal ‘‘firewalled’’ laboratories), and 5603 of the Harmonized Tariff Schedule Regulations laboratories owned or controlled in (HTS) and are formed in one or more AGENCY:whole or in part by a government.Consumer Product Safety ATPDEA beneficiary countries). Such apparel articles may also contain certainCommission. The requirements of this notice are other eligible fabrics, fabricACTION:effective upon its publication in theNotice of Requirements for components, or components knittoAccreditation of Third Party ConformityFederal Registerand are exempted by shape. AssessmentBodies to AssessCPSIA from the notice and comment The TRHCA of 2006 extended theConformity with part 1501 of Title 16,rulemaking requirements of the expiration of the ATPA to June 30, 2007.Code of Federal Regulations. See Section 7002(a) of the TRHCA 2006. 1 Section 102 of CPSIA also required the Introduction:The Consumer Product H.R. 1830 further extended theCommission to publish requirements for Safety Act (‘‘CPSA’’), at § 14(a)(3)(B)(iii)accreditation of laboratories for testing to the lead expiration of the ATPA to February 29, paint ban at 16 CFR part 1303 and for testing to the as added by § 102(a)(2) of the Consumer 2008. H.R. 5264 further extended the Commission’s regulations for fullsize baby cribs at Product Safety Improvement Act of expiration of the ATPA to December 31, 16 CFR part 1508, for nonfullsize baby cribs at 16 2008 (‘‘CPSIA’’), Public Law 110–314, 2008.See Limitation of Duty andCFR part 1509, and for pacifiers at 16 CFR part directs the U.S. Consumer Product1511. The requirements for accreditation for testing QuotaFree Imports of Apparel Articles to the lead paint ban were published in theFederal Safety Commission (‘‘CPSC’’ or Assembled in Beneficiary ATPDEA Registeron September 22, 2008. 73 FR 54,564–6. ‘‘Commission’’) to publish this notice of Countries from Regional Country The requirements for accreditation for testing to the requirements for accreditation of third Fabric(73 FR 55502, September 25,crib and pacifier regulations were published in the party conformity assessment bodiesFederal Registeron October 22, 2008. 73 FR 2008). 62,965–7. (‘‘third party laboratories’’) to test H.R. 7222, 110th Cong. (2008), further 2 Section 14(a)(2) of the CPSA as added by children’s products for conformity with extended the expiration of the ATPA to § 102(a)(2) of CPSIA requires that certification be the Commission’s regulations at 16 CFR December 31, 2009. See Pub. L. No.based on testing of sufficient samples of the part 1501 for identifying toys and otherproduct, or samples that are identical in all material 110–436. The purpose of this notice is respects to the product. articles intended for use by children to extend the period of the quantitative 3 Of course, irrespective of certification, the under three years of age which present limitation for preferential tariff product in question must comply with applicable choking, aspiration, or ingestion hazards treatment under the regional fabric CPSC requirements. See,e.g., CPSA § 14(h) as because of small parts (the ‘‘small parts provision for imports of qualifyingadded by CPSIA § 102(b).
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Federal RegisterNovember 17, 2008/ Notices73, No. 222/ Monday,/ Vol.
Administrative Procedure Act, 5 U.S.C. 4 553. Baseline accreditation of each category of laboratory to the International Organization for Standardization (‘‘ISO’’) Standard ISO/ IEC 17025:2005—General Requirements for the Competence of Testing and Calibration Laboratories—is required. The accreditation must be by an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation—Mutual Recognition Arrangement (‘‘ILAC– MRA’’) and the scope of the accreditation must include testing for compliance with the small parts 5 regulation at 16 CFR part 1501.A laboratory owned or controlled by a manufacturer or private labeler of products to be tested by the laboratory is subject to additional requirements intended to assure that the Commission is immediately and confidentially notified of any attempt by the manufacturer, private labeler or other interested party to hide or exert undue influence over the laboratory’s test results. A governmental laboratory may be accredited subject to additional requirements concerning independence of its relationship with the host government and freedom of manufacturers in the host country to elect to use accredited nongovernment laboratories for certification testing without suffering disadvantage. The Commission has established an electronic accreditation registration and listing system that can be accessed via its web site. Although the accreditation requirements in this notice for testing to the small parts regulations are effective upon their publication in theFederal Register, the Commission solicits comments on the accreditation procedures as they apply to that testing and on the accreditation approach in general, since the Commission must publish additional testing laboratory accreditation procedures over the coming months. DATES:Effective Date:The requirements for accreditation of laboratories for
4 CPSA § 14(a)(3)(G) as added by § 102(a)(2) of CPSIA exempts publication of this notice from the rulemaking requirements of the Administrative Procedure Act, 5 U.S.C. 553, and from the Regulatory Flexibility Act, 5 U.S.C. 601–612. 5 A description of the history and content of the ILAC–MRA approach and of the requirements of the ISO 17025:2005 laboratory accreditation standard is provided in the CPSC staff briefing memorandum Third Party Conformity Assessment Body Accreditation Requirements for Testing Compliance with 16 CFR Part 1501 (Small Parts Regulation), November 2008,available on the CPSC Web site at http://www.cpsc.gov/library/foia/foia09/brief/ smallparts.pdf.
testing to the small parts regulations are effective upon publication of this notice in theFederal Register, that is November 17, 2008. Request for Comments:Please provide comments in response to this notice by December 17, 2008. Comments on this notice should be captioned ‘‘Laboratory Accreditation Process for Small Parts Testing.’’ Comments should be submitted to the Office of the Secretary by email atsmallpartsreqts@cpsc.gov, or mailed or delivered, preferably in five copies, to the Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814. Comments may also be filed by facsimile to (301) 504–0127. FOR FURTHER INFORMATION CONTACT: Robert ‘‘Jay’’ Howell, Acting Assistant Executive Director for Hazard Identification and Reduction, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814; email rhowell@cpsc.gov.
I. Accreditation Requirements
A. Baseline Third Party Laboratory Accreditation Requirements
For a third party laboratory to be accredited to test children’s products for conformity with the Commission’s small parts regulations, it must be accredited by an ILAC–MRA signatory accrediting body and the accreditation must be registered with, and accepted by, the Commission. A listing of ILAC–MRA signatory accrediting bodies is available on the Internet athttp://ilac.org/ membersbycategory.html.The accreditation must be to ISO Standard ISO/IEC 17025:2005—General Requirements for the Competence of Testing and Calibration Laboratories and the scope of the accreditation must expressly include testing to the regulations of 16 CFR part 1501. A true copy in English of the accreditation and scope documents demonstrating compliance with these requirements must be registered with the Commission electronically. The additional requirements for accreditation of firewalled and governmental laboratories are described below in sections I.B and I.C. The Commission will maintain on its web site an uptodate listing of laboratories whose accreditations it has accepted and the scope of each accreditation. Subject to the limited provisions for acceptance of ‘‘retrospective’’ testing performed by other than firewalled laboratories noted in section III below, once the Commission adds a laboratory to that list, the laboratory may commence
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testing of children’s products to support certification by the manufacturer or private labeler of compliance with the small parts regulations.
B. Additional Accreditation Requirements for Firewalled Laboratories
In addition to the baseline accreditation requirements in section I.A, firewalled laboratories seeking accredited status must submit to the Commission for review copies in English of their training documents showing how employees are trained to notify the Commission immediately and confidentially of any attempt by the manufacturer, private labeler or other interested party to hide or exert undue influence over the laboratory’s test results. This additional requirement applies to any laboratory in which a manufacturer or private labeler of a children’s product to be tested by the laboratory owns a ten percent or more interest. While the Commission is not addressing common parentage of a lab and a children’s product manufacturer at this time, it will be vigilant to see if this issue needs to be dealt with in the future. The Commission must formally accept, by order, the accreditation application of a laboratory before the laboratory can become an accredited firewalled laboratory.
C. Additional Accreditation Requirements for Governmental Laboratories
In addition to the baseline accreditation requirements of section I.A, CPSIA permits accreditation of a laboratory owned or controlled in whole or in part by a government if: To the extent practicable, manufacturers or private labelers located in any nation are permitted to choose laboratories that are not owned or controlled by the government of that nation; The laboratory’s testing results are not subject to undue influence by any other person, including another governmental entity; The laboratory is not accorded more favorable treatment than other laboratories in the same nation who have been accredited; The laboratory’s testing results are accorded no greater weight by other governmental authorities than those of other accredited laboratories; and The laboratory does not exercise undue influence over other governmental authorities on matters affecting its operations or on decisions by other governmental authorities controlling distribution of products
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Federal Register/ NoticesNovember 17, 2008/ Monday,73, No. 222/ Vol.
based on outcomes of the laboratory’sregulations by the manufacturer or1976 (5 U.S.C. 552b, as amended), and conformity assessments.private labeler.41 CFR 102–3.65, the Department of The Commission will accept theDefense gives notice that it is III. Limited Acceptance of Children’s accreditation of a governmentalestablishing the Advisory Panel on Product Certifications Based on Third laboratory if it meets the baselineDepartment of Defense Capabilities for Party Laboratory Testing Prior to accreditation requirements of sectionSupport of Civil Authorities After Commission Acceptance of I.A and meets the conditions statedCertain Incidents (hereafter referred to Accreditation here. To obtain this assurance, CPSCas the Panel). The Commission will accept aThe Panel is a nondiscretionary staff will engage the governmental certificate of compliance with the smallfederal advisory committee established entities relevant to the accreditation parts requirements based on testingunder the authority of section 1082 of request. performed by an accredited third partyPublic Law 110–181 and 41 CFR 102– II. How Does a Laboratory Apply for or governmental laboratory on or after3.50(a) to carry out an assessment of the Acceptance of Its Accreditation? May 16, 2008 (90 days prior to Augustcapabilities of the Department of The Commission has established an14, 2008, the date on which CPSIA wasDefense to provide support to U.S. civil electronic accreditation acceptance andenacted) and thus prior to theauthorities in the event of a chemical, biological, radiological, nuclear, or high registration system accessed via theCommission’s acceptance of the yield explosive incident. Commission’s Internet site athttp://laboratory’s accreditation if: The laboratory was ISO/IEC 17025The Advisory Panel on Department of www.cpsc.gov/businfo/labaccred.html. accredited by an C–MRA member at theDefense Capabilities for Support of Civil The applicant provides, in English, Authorities After Certain Incidents is time of the test; basic identifying information The accreditation scope in effect forrequired by statute to submit a report concerning its location, the type of the laboratory at that time expresslywithin 12 months of its findings and accreditation it is seeking, and included testing to 16 CFR part 1501;recommendations. The report will be electronic copies of its ILAC–MRA submitted to the Secretary of DefenseThe laboratory’s accreditation accreditation certificate and scope application is accepted by theand the Committees on Armed Services statement and firewalled laboratory Commission under the procedures ofon the Senate and the House of training document(s), if relevant. this notice not later than January 20,Representatives. Commission staff reviews that The Advisory Panel on Department of 2009; and submission for accuracy and The laboratory’s accreditation andDefense Capabilities for Support of Civil completeness. In the case of baseline inclusion of the small partsAuthorities After Certain Incidents shall third party laboratory accreditation and be composed of a chairperson and no requirements in its scope remains in accreditation of governmental more than nineteen additional members effect through the effective date for laboratories, when that review and any who have expertise in the legal, mandatory third party testing and necessary discussions with the operational, and organizational aspects manufacturer/private labeler applicant are satisfactorily completed, of the management of the consequences certification for small parts. the laboratory in question is added to Testing performed by a firewalledof a chemical, biological, radiological, the CPSC listing of accredited laboratory prior to Commissionnuclear, or highyield explosive laboratories athttp://www.cpsc.gov/ acceptance of its accreditation cannot beincident. businfo/labaccred.html.In the case of a Panel members appointed by the used as the basis for certification by a firewalled laboratory seeking accredited Secretary of Defense, who are not full manufacturer or private labeler with a status, when the review is complete, the time or permanent parttime employees 10 percent or greater ownership interest staff transmits its recommendation on of the federal government, shall be in the laboratory pursuant to CPSA accreditation to the Commission for appointed as experts and consultants 6§ 14(a)(3)(B)(ii) of compliance with the consideration. Ifthe Commission under the authority of 5 U.S.C. 3109 small parts regulations. accepts a staff recommendation to and, with the exception of travel and accredit a firewalled laboratory, thatDated: November 12, 2008. per diem for official travel, they shall laboratory will then be added to theTodd A. Stevenson, serve without compensation. These CPSC list of accredited laboratories. InSecretary, Consumer Product Safety experts and consultants shall serve as each case, the Commission willCommission. special government employees. electronically notify the laboratory of[FR Doc. E8–27236 Filed 11–14–08; 8:45 am] The Department of Defense intends to acceptance of its accreditation. All authorize the Advisory Panel on BILLING CODE 6355–01–P information to support an accreditation Department of Defense Capabilities for acceptance request must be provided in Support of Civil Authorities After the English language. DEPARTMENT OF DEFENSECertain Incidents to establish and use Subject to the limited provisions for subcommittees, and the Panel, to acceptance of ‘‘retrospective’’ testing Office of the Secretary of Defense include any subcommittees, will operate performed by other than accredited under the provisions of the Federal firewalled laboratories noted in sectionEstablishment of Department of Advisory Committee Act of 1972, the III. below, once the Commission adds aDefense Federal Advisory Committees Sunshine in the Government Act of laboratory to the list, the laboratory may AGENCY:1976 (5 U.S.C. 552b, as amended), andDepartment of Defense. then commence testing of children’s 41 CFR, Parts 102–3 through 102–3.185. ACTION:Notice; Establishment of Federal products to support certification of Such subcommittees or workgroups Advisory Committee. compliance with the small parts shall not work independently of the SUMMARY:Under the provisions ofchartered Panel, and shall report all 6 A laboratory that may ultimately seek section 1082 of Public Law 110–181, thetheir recommendations and advice to acceptance as a firewalled laboratory could initially Federal Advisory Committee Act ofthe Panel for full deliberation and request acceptance as a third party laboratory 1972, (5 U.S.C. Appendix, as amended),discussion. Subcommittees or accredited for testing of children’s products other than those of its owners.the Sunshine in the Government Act ofworkgroups have no authority to make
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