[Federal Register: December 27, 2010 (Volume 75, Number 247)]
[Notices]
[Page 81236-81237]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de10-56]
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CONSUMER PRODUCT SAFETY COMMISSION
Consumer Product Safety Act: Notice of Commission Action Lifting
Stay of Enforcement of Certification Requirements for Certain Non-
Children's Products
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
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SUMMARY: The Consumer Product Safety Commission (``Commission,''
``CPSC,'' or ``we'') is announcing its decision to lift its stay of
enforcement of certain certification provisions of section 14 of the
Consumer Product Safety Act (``CPSA''), as amended by section 102(a) of
the Consumer Product Safety Improvement Act of 2008 (``CPSIA''). The
Commission is taking this action with respect to non-children's
products subject to CPSC regulations pertaining to vinyl plastic film,
carpets and rugs, and clothing textiles.
DATES: The stay of enforcement of the certification provisions of
section 14 of the CPSA expires for non-children's products subject to
CPSC regulations pertaining to vinyl plastic film, carpets and rugs,
and clothing textiles on January 26, 2011.
FOR FURTHER INFORMATION CONTACT: Robert ``Jay'' Howell, 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.
SUPPLEMENTARY INFORMATION: In the Federal Register of February 9, 2009
(74 FR 6396), the Commission announced that it would stay its
enforcement with respect to certain testing and certification
requirements in sections 14(a)(1), (a)(2), and (a)(3) of the CPSA, as
amended by section 102 of the CPSIA.
In brief, sections 14(a)(1) and (a)(2) of the CPSA establish
testing and certification requirements for most consumer products
regulated by or under the statutes enforced by the Commission,
including children's products. Section 14(a)(1) of the CPSA requires
every manufacturer of a product (and the private labeler of such
product if such product bears a private label) that is subject to a
consumer product safety rule under the CPSA, or a similar rule, ban,
standard, or regulation under any other law enforced by the Commission,
and which is imported for consumption or warehousing or distributed in
commerce, to issue a certificate. The manufacturer must certify, based
on a test of each product, or upon a reasonable testing program, that
the product complies with all rules, bans, standards, or regulations
applicable to the product under the CPSA or any other law enforced by
the Commission. The certificate must specify each such rule, ban,
standard, or regulation applicable to the product.
For children's products, section 14(a)(2) of the CPSA states that,
before importing for consumption or warehousing or distributing in
commerce any children's product that is subject to a children's product
safety rule, the manufacturer (and the private labeler if the
children's product bears a private label) must submit sufficient
samples of the children's product, or samples that are identical in all
material respects to the product, to a third party conformity
assessment body accredited by the Commission under section 14(a)(3) of
the CPSA (``CPSC-accepted third party laboratory''). (Section 3(a)(2)
of the CPSA defines ``children's product,'' in relevant part, as ``a
consumer product designed or intended primarily for children 12 years
of age or younger.'') The CPSC-accepted third party laboratory must
test the children's product for compliance with such children's product
safety rule. Based on the testing, the manufacturer (or private
labeler) must certify that the children's product complies with the
children's product safety rule.
Section 14(a)(3) of the CPSA establishes a schedule for
implementing third party testing and includes a timeline for the
accreditation of third party conformity assessment bodies. Section
14(a)(3)(A) of the CPSA states that the third party testing requirement
applies to any children's product manufactured more than 90 days after
the Commission has established and published a ``notice of
requirements'' for the accreditation of third party conformity
assessment bodies to assess conformity with a children's product safety
rule.
In the Federal Register of December 28, 2009 (74 FR 68588), the
Commission revised the terms of the stay of enforcement on the CPSIA's
testing and certification requirements. We announced when the stay
would lift for certain testing and certification requirements and
detailed how the other testing and certification requirements would be
implemented or otherwise become effective. Part II.D of the December
28, 2009 notice discussed, in part, consumer products for which the
Commission was continuing the stay of enforcement until further notice.
We stated that, ``[d]ue to factors such as pending rulemaking
proceedings
[[Page 81237]]
affecting the product or the absence of a notice of requirements for
the children's product, the Commission has decided to continue the stay
of enforcement for consumer products or children's products listed
below.'' 74 FR at 68591. We noted that the stay on CPSIA testing and
certification did not extend to compliance with the applicable
mandatory safety requirements; thus, the stay did not extend to
guarantees under the Flammable Fabrics Act. 74 FR at 68589, 68591. The
products identified in part II.D of the December 28, 2009 notice
included:
Carpets and rugs (16 CFR parts 1630 and 1631);
Vinyl plastic film (16 CFR part 1611); and
Wearing apparel (16 CFR part 1610).
74 FR at 68591. The Commission also explained that:
The Commission intends to require testing and certification of
these products once it completes the rulemakings associated with the
products, issues notices of requirements, or otherwise resolves the
issues that have warranted a continuation of the stay of enforcement
for the products.
74 FR at 68591 through 68592.
In July and August 2010, the Commission issued notices of
requirements for these products. The notice of requirements pertaining
to vinyl plastic film and carpets and rugs appeared in the Federal
Register of July 21, 2010. 75 FR 42311 (vinyl plastic film); 75 FR
42315 (carpets and rugs). The notice of requirements pertaining to
clothing textiles (referred to as ``wearing apparel'' in the December
28, 2009 notice) appeared in the Federal Register of August 18, 2010.
75 FR 51016. Each notice of requirements described the stay of
enforcement and then declared that the publication of the notice of
requirements had the effect of lifting the stay of enforcement. For
example, in the notice of requirements pertaining to clothing textiles,
the Commission stated:
As the factor preventing the stay from being lifted in the
December 28, 2009, notice with regard to testing and certifications
of clothing textiles was the absence of a notice of requirements,
publication of this notice has the effect of lifting the stay with
regard to 16 CFR part 1610.
75 FR at 51018. In relation to lifting the stay, each notice of
requirements also described when manufacturers of children's products
subject to the respective regulations would be required to certify
their products based on third party testing.
Recently, various parties have contacted CPSC staff to ask whether
the stay of enforcement had been lifted with respect to non-children's
products subject to the cited CPSC regulations pertaining to vinyl
plastic film, carpets and rugs, and clothing textiles. Although some
manufacturers interpreted the notices of requirements as lifting the
stay of enforcement with respect to both non-children's and children's
products, others interpreted the text as applying only to children's
products. Other parties informed CPSC staff that they did not consider
reading the notices of requirements for information relevant to
manufacturers because the notices of requirements provide the criteria
and process for Commission acceptance of accreditation of third party
laboratories for testing pursuant to CPSC regulations.
Given the apparent confusion about whether the stay of enforcement
for non-children's products subject to the cited CPSC regulations
pertaining to vinyl plastic film, carpets and rugs, and clothing
textiles has been lifted, the Commission, through this notice, is
announcing that the stay of enforcement pertaining to the certification
under section 14(a)(1) of the CPSA for non-children's products will be
lifted as of January 26, 2011. Thus, after January 26, 2011, every
manufacturer of a non-children's product (and the private labeler of
such product if such product bears a private label) subject to CPSC
regulations pertaining to:
Carpets and rugs (16 CFR parts 1630 and 1631),
Vinyl plastic film (16 CFR part 1611) or
Wearing apparel (16 CFR part 1610),
whose product is imported for consumption or warehousing or distributed
in commerce, must issue a certificate for that product. (The term
``manufacturer'' includes importers (see 16 CFR part 1110).)
Dated: December 17, 2010.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2010-32181 Filed 12-23-10; 8:45 am]
BILLING CODE 6355-01-P