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

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45428 Federal Register/Vol. 74, No. 169/Wednesday, September 2, 2009/Notices Background CONSUMER PRODUCT SAFETY to: Office of the Secretary, Consumer Product Safety Commission, Room 502, COMMISSION Title V of the Trade and Development 4330 East-West Highway, Bethesda, MD Act of 2000 (the Act) created two tariff [CPSC Docket No. CPSC–2009–0067] 20814; telephone [phone]. rate quotas (TRQs), providing for Instructions: All submissions received temporary reductions in the import Third Party Testing for Certain must include the agency name and duties on limited quantities of two Children’s Products; Notice of docket number for this notice of categories of worsted wool fabrics Requirements for Accreditation of requirements. All comments received suitable for use in making suits, suit- Third Party Conformity Assessment may be posted without change, type jackets, or trousers: (1) For worsted Bodies to Assess Conformity With including any personal identifiers, wool fabric with average fiber diameters Parts 1203, 1510, 1512, and/or 1513 contact information, or other personal greater than 18.5 microns (Harmonized and Section 1500.86(a)(7) and/or (a)(8) information provided, to http:// Tariff Schedule of the United States of Title 16, Code of Federal www.regulations.gov. Do not submit (HTS) heading 9902.51.11); and (2) for Regulations confidential business information, trade worsted wool fabric with average fiber secret information, or other sensitive or AGENCY ...

Informations

• Publié par: Mafer
• Nombre de lectures: 16
• Langue: English

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Federal Register/ Vol./ Wednesday,74, No. 169/ NoticesSeptember 2, 2009

Background CONSUMER PRODUCT SAFETY to: Office of the Secretary, Consumer COMMISSION Product Safety Commission, Room 502, Title V of the Trade and Development 4330 EastWest Highway, Bethesda, MD Act of 2000 (the Act) created two tariff [CPSC Docket No. CPSC–2009–0067] 20814; telephone [phone]. rate quotas (TRQs), providing for Instructions:All submissions received temporary reductions in the import Third Party Testing for Certain must include the agency name and duties on limited quantities of two Children’s Products; Notice of docket number for this notice of categories of worsted wool fabrics Requirements for Accreditation of requirements. All comments received suitable for use in making suits, suit Third Party Conformity Assessment may be posted without change, type jackets, or trousers: (1) For worsted Bodies to Assess Conformity With including any personal identifiers, wool fabric with average fiber diameters Parts 1203, 1510, 1512, and/or 1513 contact information, or other personal greater than 18.5 microns (Harmonized and Section 1500.86(a)(7) and/or (a)(8) information provided, tohttp:// Tariff Schedule of the United States of Title 16, Code of Federal www.regulations.gov. Do not submit (HTS) heading 9902.51.11); and (2) for Regulations confidential business information, trade worsted wool fabric with average fiber secret information, or other sensitive or AGENCY :Consumer Product Safety diameters of 18.5 microns or less (HTS protected information electronically. Commission. heading 9902.51.12). On August 6, 2002, Such information should be submitted ACTION :Notice of requirements. President Bush signed into law the in writing. Trade Act of 2002, which includes Docket:For access to the docket to SUMMARY :The Consumer Product Safety several amendments to Title V of the read background documents or Commission (‘‘CPSC’’ or ‘‘Commission’’) Act. On December 3, 2004, the Act was comments received, go tohttp:// is issuing a notice of requirements that further amended pursuant to the www.regulations.gov. provides the criteria and process for Miscellaneous Trade Act of 2004, Public Commission acceptance of accreditation FOR FURTHER INFORMATION CONTACT : Law 108–429, by increasing the TRQ for of third party conformity assessment Robert ‘‘Jay’’ Howell, Assistant worsted wool fabric with average fiber bodies for testing pursuant to specific Executive Director for Hazard diameters greater than 18.5 microns, CPSC regulations relating to bicycle Identification and Reduction, U.S. HTS 9902.51.11, to an annual total level helmets, dive sticks and similar articles, Consumer Product Safety Commission, of 5.5 million square meters, and rattles, bicycles, and bunk beds. The 4330 EastWest Highway, Bethesda, extending it through 2007, and Commission is issuing this notice of Maryland 20814; email increasing the TRQ for average fiber requirements pursuant to section [e-mail]. diameters of 18.5 microns or less, HTS 14(a)(3)(B)(vi) of the Consumer Product 9902.51.15 (previously 9902.51.12), to : SUPPLEMENTARY INFORMATION Safety Act (15 U.S.C. 2063(a)(3)(B)(vi)). an annual total level of 5 million square I. Introduction DATES :Effective Date:The requirements meters and extending it through 2006. for accreditation of third partyThe Consumer Product Safety Act On August 17, 2006 the Act was further conformity assessment bodies for testing(‘‘CPSA’’), at section 14(a)(3)(B)(vi), as amended pursuant to the Pension to 16 CFR parts 1203, 1510, 1512, and/added by section 102(a)(2) of the Protection Act of 2006, Public Law 109– or 1513; and/or 16 CFR 1500.86(a)(7)Consumer Product Safety Improvement 280, which extended both TRQs, and (a)(8) are effective upon publicationAct of 2008 (‘‘CPSIA’’), Public Law 110– 9902.51.11 and 9902.51.15, through of this notice in theFederal Register. 314,directs the CPSC to publish a 2009. The Emergency Economic Comments in response to this noticenotice of requirements for accreditation Stabilization Act of 2008 extended the of requirements should be submitted byof third party conformity assessment TRQ for both HTS through 2014. October 2, 2009. Comments on thisbodies (also referred to as ‘‘third party The Act requires that the TRQs be notice should be captioned ‘‘Third Partylaboratories’’) to assess children’s allocated to persons who cut and sew Conformity Assessment Bodyproducts for conformity with ‘‘other men’s and boys’ worsted wool suits, Accreditation Process for 16 CFR partschildren’s product safety rules.’’ Section suittype jackets and trousers in the 1203, 1510, 1512, and/or 1513; and/or14(f)(1) of the CPSA defines ‘‘children’s United States. On October 24, 2005, the 16 CFR 1500.86(a)(7) and (a)(8).’’product safety rule’’ as ‘‘a consumer Department adopted final regulations product safety rule under [the CPSA] or ADDRESSES :You may submit comments, establishing procedures for allocating similar rule, regulation, standard, or ban identified by Docket No. CPSC–2009– the TRQ.See70 FR 61363; 19 CFR 335. under any other Act enforced by the 0067, by any of the following methods: In order to be eligible for an allocation, Commission, including a rule declaring an applicant must submit an application Electronic Submissions a consumer product to be a banned on the form provided athttp:// Submit electronic comments in the hazardous product or substance.’’ Under web.ita.doc.gov/tacgi/wooltrq.nsf/ following way:Federal eRulemaking section 14(a)(3)(A) of the CPSA, each TRQAppto the address listed above by Portal: http://www.regulations.gov. manufacturer (including the importer) 5 p.m. on October 2, 2009 in compliance Follow the instructions for submitting or private labeler of products subject to with the requirements of 15 CFR 335. comments. thoseregulations must have products Any business confidential information To ensure timely processing of that are manufactured more than 90 that is marked business confidential comments, the Commission is no longer days after theFederal Register will be kept confidential and protected accepting comments submitted by publication date of this notice tested by from disclosure to the full extent electronic mail (email) except through a third party conformity assessment permitted by law. http://www.regulations.gov. body accredited to do so and must issue Dated: August 27, 2009. a certificate of compliance with the Written Submissions Kim Glas, applicable regulations based on that Deputy Assistant Secretary for Textiles and Submit written submissions in thetesting. (The Commission notes, Apparel. following way: Mail/Hand delivery/however, that in theFederal Registerof [FR Doc. E9–21198 Filed 9–1–09; 8:45 am] Courier (for paper, disk, or CD–ROMFebruary 9, 2009 (74 FR 6396), the submissions), preferably in five copies,Commission announced a stay of BILLING CODE 3510–DS–P

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enforcement of certain provisions ofSection 14(a)(3)(B)(vi) of the CPSA is17025:2005 laboratory accreditation section 14(a) of the CPSA; the stay captioned as ‘‘All Other Children’s standard is provided in the CPSC staff applies to the testing that would result Product Safety Rules,’’ but the body of briefing memorandum ‘‘Third Party from this notice of requirements.) the statutory requirement refers only to Conformity Assessment Body Section 14(a)(2) of the CPSA, as added ‘‘other children’s product safety rules.’’ Accreditation Requirements for Testing by section 102(a)(2) of the CPSIA, Nevertheless, section 14(a)(3)(B)(vi) of Compliance with 16 CFR part 1501 requires that certification be based on the CPSA could be construed as (Small Parts Regulation),’’ dated testing of sufficient samples of the requiring a notice of requirements for November 2008 and available on the product, or samples that are identical in ‘‘all’’ other children’s product safety CPSC’s Web site athttp://www.cpsc.gov/ all material respects to the product. The rules, rather than a notice of library/foia/foia09/brief/smallparts.pdf.) Commission also emphasizes that, requirements for ‘‘some’’ or ‘‘certain’’ The Commission has established an irrespective of certification, the product children’s product safety rules. electronic accreditation registration and However, whether a particular rule in question must comply with listing system that can be accessed via represents a ‘‘children’s product safety applicable CPSC requirements (see, e.g., its Web site. rule’’ may be subject to interpretation, section 14(h) of the CPSA, as added by This notice of requirements is and the Commission staff is continuing section 102(b) of the CPSIA). effective on September 2, 2009. to evaluate which rules, regulations, The Commission also is recognizing However, the CPSC will stay its standards, or bans are ‘‘children’s limited circumstances in which it will enforcement of this notice of product safety rules.’’ The CPSC intends accept certifications if the product was requirements at least until February 10, to issue additional notices of tested on or after May 16, 2008 (90 days 2010; the date reflects the stay of requirements for other rules which the before the CPSIA’s enactment) by a third enforcement that the CPSC published in Commission determines to be party conformity assessment body that theFederal Registeron February 9, ‘‘children’s product safety rules.’’ the CPSC accepts as being accredited by 2009 (74 FR 6396). Nevertheless, the This notice of requirements applies to December 31, 2009 or 30 days before the Commission invites comments on the all third party conformity assessment Commission terminates the stay of accreditation procedures as they apply bodies as described in section 14(f)(2) of enforcement that was originally to that testing and on the accreditation the CPSA. Generally speaking, such announced in theFederal Registeron approach in general. third party conformity assessment February 9, 2009 (74 FR 6396), bodies are: (1) Third party conformity This notice of requirements is exempt whichever date is later. This policy will assessment bodies that are not owned, from the notice and comment apply to prior testing by independent managed, or controlled by a rulemaking requirements of the third party conformity assessment manufacturer or private labeler of a Administrative Procedure Act, 5 U.S.C. bodies and by governmentowned or children’s product to be tested by the 553 (seesection 14(a)(3)(G) of the CPSA, governmentcontrolled conformity third party conformity assessment bodyas added by section 102(a)(2) of the assessment bodies, but not to for certification purposes; (2) CPSIA (15 U.S.C. 2063(a)(3)(G))). ‘‘firewalled’’ conformity assessment ‘‘firewalled’’ conformity assessment bodies. II. Accreditation Requirements bodies (those that are owned, managed, This notice provides the criteria and or controlled by a manufacturer or A. Baseline Third Party Conformity process for Commission acceptance of private labeler of a children’s product to Assessment Body Accreditation accreditation of third party conformity be tested by the third party conformity Requirements assessment bodies for testing pursuant assessment body for certification to the following regulations: For a third party conformity purposes and that seek accreditation • assessment body to be accredited to test 16 CFR part 1203, Safety Standard under the additional statutory criteria for Bicycle Helmets (insofar as bicycle children’s products for conformity with for ‘‘firewalled’’ conformity assessment helmets that are ‘‘children’s products’’ the regulations identified earlier in part bodies); and (3) third party conformity are concerned); I of this document, it must be accredited assessment bodies owned or controlled, •16 CFR 1500.86(a)(7) and (a)(8), by an ILAC–MRA signatory accrediting in whole or in part, by a government. Exemptions from Classification as a body, and the accreditation must be The Commission requires baseline Banned Toy or other Banned Article for registered with, and accepted by, the accreditation of each category of third use by Children. (The cited provisions Commission. A listing of ILAC–MRA party conformity assessment body to the pertain to dive sticks and ‘‘similar signatory accrediting bodies is available International Organization for articles.’’); on the Internet athttp://ilac.org/ Standardization (‘‘ISO’’) Standard ISO/ •16 CFR part 1510, Requirements for membersbycategory.html.The IEC 17025:2005, ‘‘General Requirements Rattles; accreditation must be to ISO Standard for the Competence of Testing and •16 CFR part 1512, Requirements for ISO/IEC 17025:2005, ‘‘General Calibration Laboratories.’’ The Bicycles (insofar as bicycles that are accreditation must be by an Requirements for the Competence of ‘‘children’s products’’ are concerned); accreditation body that is a signatory to Testing and Calibration Laboratories,’’ and/or the International Laboratory and the scope of the accreditation must • Accreditation CooperationMutual 16 CFR part 1513, Requirements for expressly include testing to 16 CFR Bunk Beds. Recognition Arrangement (‘‘ILAC– parts 1203, 1510, 1512, and/or 1513; Although section 14(a)(3)(B)(vi) of the MRA’’), and the scope of the and/or 16 CFR 1500.86(a)(7) and (a)(8). CPSA directs the CPSC to publish a accreditation must include testing for A true copy, in English, of the notice of requirements for accreditation any of the regulations identified earlier accreditation and scope documents of third party conformity assessment in part I of this document for which the demonstrating compliance with these bodies to assess conformity with ‘‘all third party conformity assessment body requirements must be registered with other children’s product safety rules,’’ seeks to be accredited. the Commission electronically. The this notice of requirements is limited to(A description of the history andadditional requirements for the regulations identified immediatelycontent of the ILAC–MRA approach andaccreditation of firewalled and above. ofthe requirements of the ISO/IECgovernmental conformity assessment

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bodies are described in parts II.B and II.C of this document below. The Commission will maintain on its Web site an uptodate listing of third party conformity assessment bodies 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 conformity assessment bodies noted in part IV below, once the Commission adds a third party conformity assessment body to that list, the third party conformity assessment body may commence testing of children’s products to support certification by the manufacturer or private labeler of compliance with the regulations identified earlier in part I of this document.

B. Additional Accreditation Requirements for Firewalled Conformity Assessment Bodies

In addition to the baseline accreditation requirements in part II.A of this document above, firewalled conformity assessment bodies seeking accredited status must submit to the Commission 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 third party conformity assessment body’s test results. This additional requirement applies to any third party conformity assessment body in which a manufacturer or private labeler of a children’s product to be tested by the third party conformity assessment body owns an interest of ten percent or more. While the Commission is not addressing common parentage of a third party conformity assessment body and a children’s product manufacturer at this time, it will be vigilant to see if this issue needs to be addressed in the future. As required by section 14(f)(2)(D) of the CPSA, the Commission must formally accept, by order, the accreditation application of a third party conformity assessment body before the third party conformity assessment body can become an accredited firewalled conformity assessment body.

C. Additional Accreditation Requirements for Governmental Laboratories

In addition to the baseline accreditation requirements of part II.A of this document above, the CPSIA permits accreditation of a third party

conformity assessment body 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 conformity assessment bodies that are not owned or controlled by the government of that nation; •The third party conformity assessment body’s testing results are not subject to undue influence by any other person, including another governmental entity; •The third party conformity assessment body is not accorded more favorable treatment than other third party conformity assessment bodies in the same nation who have been accredited; •The third party conformity assessment body’s testing results are accorded no greater weight by other governmental authorities than those of other accredited third party conformity assessment bodies; and •The third party conformity assessment body 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 based on outcomes of the third party conformity assessment body’s conformity assessments. The Commission will accept the accreditation of a governmental third party conformity assessment body if it meets the baseline accreditation requirements of part II.A of this document above and meets the additional conditions stated here. To obtain this assurance, CPSC staff will engage the governmental entities relevant to the accreditation request.

III. How Does a Third Party Conformity Assessment Body Apply for Acceptance of Its Accreditation?

The Commission has established an electronic accreditation acceptance and registration system accessed via the Commission’s Internet site athttp:// www.cpsc.gov/businfo/labaccred.html. The applicant provides, in English, basic identifying information concerning its location, the type of accreditation it is seeking, and electronic copies of its ILAC–MRA accreditation certificate and scope statement, and firewalled third party conformity assessment body training document(s), if relevant. Commission staff will review the submission for accuracy and completeness. In the case of baseline third party conformity assessment bodies and governmentowned or

governmentoperated conformity assessment bodies, when that review and any necessary discussions with the applicant are satisfactorily completed, the third party conformity assessment body in question is added to the CPSC’s list of accredited third party conformity assessment bodies athttp:// www.cpsc.gov/businfo/labaccred.html. In the case of a firewalled conformity assessment body seeking accredited status, when the staff’s review is complete, the staff transmits its recommendation on accreditation to the Commission for consideration. (A third party conformity assessment body that may ultimately seek acceptance as a firewalled third party conformity assessment body also can initially request acceptance as a third party conformity assessment body accredited for testing of children’s products other than those of its owners.) If the Commission accepts a staff recommendation to accredit a firewalled conformity assessment body, the firewalled conformity assessment body will then be added to the CPSC’s list of accredited third party conformity assessment bodies. In each case, the Commission will notify the third party conformity assessment body electronically of acceptance of its accreditation. All information to support an accreditation acceptance request must be provided in the English language. Subject to the limited provisions for acceptance of ‘‘retrospective’’ testing performed by other than accredited firewalled conformity assessment bodies noted in part IV of this document below, once the Commission adds a third party conformity assessment body to the list, the third party conformity assessment body may then begin testing of children’s products to support certification of compliance with the regulations identified earlier in part I of this document for which it has been accredited.

IV. Limited Acceptance of Children’s Product Certifications Based on Third Party Conformity Assessment Body Testing Prior to the Commission’s Acceptance of Accreditation

The Commission will accept a certificate of compliance with 16 CFR Parts 1203, 1510, 1512, and/or 1513; and/or 16 CFR 1500.86(a)(7) and (a)(8) based on testing performed by an accredited third party or governmental third party conformity assessment body: •On or after May 16, 2008 (90 days before the CPSIA’s enactment) and through the expiration of the stay of enforcement announced in theFederal

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Registeron February 9, 2009 (74 FR DATES :Department minimize the burden of thisAn emergency review has been 6396), andrequested in accordance with the Actcollection on respondents, including the • use of information technology. (44 U.S.C. Chapter 3507(j)), due to an Before the Commission’s acceptance of the third party conformity unanticipated event. Approval by the Dated: August 28, 2009. assessment body’s preexisting Office of Management and Budget Angela C. Arrington, accreditation, (OMB) has been requested by September Director, Information Collection Clearance 30, 2009. A regular clearance process is provided that accreditation is accepted Division, Regulatory Information also beginning. Interested persons are by December 31, 2009 or 30 days before Management Services, Office of Management. invited to submit comments on or before the Commission terminates the stay of Office of Planning, Evaluation and November 2, 2009. enforcement that was originally Policy Development announced in theFederal Registeron ADDRESSES :Written comments February 9, 2009 (74 FR 6396), regarding the emergency review should Type of Review:Emergency. whichever date is later, if: be addressed to the Office of Title:Study of SchoolLevel Information and Regulatory Affairs, Expenditures. •The third party conformity Attention: Education Desk Officer, Frequency:One time. assessment body was ISO/IEC 17025 Office of Management and Budget, 725 Affected Public:SEAs and Local accredited by an ILAC–MRA member at 17th Street, NW., Room 10222, New governments. the time of the test; Reporting and Recordkeeping Hour Executive Office Building, Washington, •The accreditation scope in effect for Burden: DC 20503 or emailed to the third party conformity assessment [e-mail] faxed Responses:13,158. body at that time expressly included to (202) 395–5806. Burden Hours:562,136. testing to the regulations identified earlier in part I of this document; SUPPLEMENTARY INFORMATION :Section Abstract:The purpose of this data • collection is to meet the American 3506 of the Paperwork Reduction Act of The third party conformity assessment body’s accreditation 1995 (44 U.S.C. Chapter 35) requires Recovery and Reinvestment Act of 2009 application is received by the that the Director of OMB provide requirement for States and school Commission under the procedures of interested Federal agencies and the districts to submit a schoolbyschool this notice by November 2, 2009; and public an early opportunity to comment listing of schoollevel expenditures from •on information collection requests. TheThe third party conformity State and local funds for the 2008–09 assessment body’s accreditation andOffice of Management and Budget school year. These data will be used to inclusion of the regulations identified(OMB) may amend or waive the examine the extent to which school earlier in part I of this document in itsrequirement for public consultation to level education resources are distributed scope remains in effect through thethe extent that public participation in equitably within and across school effective date for mandatory third partythe approval process would defeat the districts. testing and manufacturer/private labelerpurpose of the information collection,Additional Information:The certification for the relevant ruleviolate State or Federal law, orDepartment is requesting approval on an identified in this document.substantially interfere with any agency’semergency basis for this data collection Testing performed by a firewalled ability to perform its statutoryby September 30, 2009. Approval is conformity assessment body before the obligations. The Director, Informationneeded by September 30, 2009 so that Commission’s acceptance of its Collection Clearance Division,States can inform LEAs of this reporting accreditation cannot be used as the basis Regulatory Information Managementrequirement, collect the required data for certification by a manufacturer or Service, Office of Management,from all LEAs that receive Title I funds, private labeler having a ten percent or publishes this notice containingand compile and submit the data to the greater ownership interest in the third proposed information collectionU.S. Department of Education by March party conformity assessment body. requests at the beginning of the31, 2010. Departmental review of the information Requests for copies of the information Dated: August 27, 2009. collection. Each proposed information collection submission for OMB review Todd A. Stevenson, collection, grouped by office, contains may be accessed fromhttp:// Secretary, Consumer Product Safety the following: (1) Type of review edicsweb.ed.gov,by selecting the Commission. requested;e.g.,new, revision, extension, ‘‘Browse Pending Collections’’ link and [FR Doc. E9–21134 Filed 9–1–09; 8:45 am] existing or reinstatement; (2) Title; (3) by clicking on link number 4119. When BILLING CODE 6355–01–P Summary of the collection; (4) you access the information collection, Description of the need for, and click on ‘‘Download Attachments ’’ to proposed use of, the information; (5) view. Written requests for information DEPARTMENT OF EDUCATION Respondents and frequency of should be addressed to U.S. Department collection; and (6) Reporting and/or of Education, 400 Maryland Avenue, Notice of Proposed Information Recordkeeping burden. ED invites SW., LBJ, Washington, DC 20202–4537. Collection Requests public comment. Requests may also be electronically AGENCY :Department of Education. The Department of Education is mailed to the Internet address especially interested in public comment [e-mail] faxed to 202– ACTION :Notice of proposed information addressing the following issues: (1) Is 401–0920. Please specify the complete collection requests. this collection necessary to the proper title of the information collection when SUMMARY :The Director, Information making your request. functions of the Department; (2) will Collection Clearance Division,this information be processed and usedComments regarding burden and/or Regulatory Information Management in a timely manner, (3) is the estimate the collection activity requirements Services, Office of Management, invitesof burden accurate; (4) how might theshould be electronically mailed to comments on the proposed informationDepartment enhance the quality, utility,[e-mail] who collection requests as required by theand clarity of the information to beuse a telecommunications device for the Paperwork Reduction Act of 1995.collected, and (5) how might thedeaf (TDD) may call the Federal

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