Conditions and Requirements for Testing Component Parts of Consumer Products, 16 CFR Part 1109 – Docket CPSC-2010-0037, May 20

28208 Proposed Rules Federal Register Vol. 75, No. 97 Thursday, May 20, 2010 This section of the FEDERAL REGISTER Federal eRulemaking Portal, http:// applicable to the product. This contains notices to the public of the proposed www.regulations.gov. Follow the certificate is called a General issuance of rules and regulations. The instructions for submitting comments. Conformity Certificate (GCC). purpose of these notices is to give interested To ensure timely processing of Section 14(a)(2) of the CPSA, 15 persons an opportunity to participate in the comments, the Commission is no longer U.S.C. 2063(a)(2), requires rule making prior to the adoption of the final rules. accepting comments submitted by manufacturers and private labelers of electronic mail (email) except through any children’s product that is subject to http://www.regulations.gov. a children’s product safety rule to CONSUMER PRODUCT SAFETY Written Submissions: Submit written submit samples of the product, or COMMISSION submissions in the following way: samples that are identical in all material Mail/Hand delivery/Courier (for respects to the product, to a third party 16 CFR Part 1109 paper, disk, or CD–ROM submissions), conformity assessment body accredited preferably in five copies, to: Office of the by CPSC to be tested for compliance [CPSC Docket No. CPSC–2010–0037] Secretary, Consumer Product Safety with such children’s product safety rule. Commission, Room 820, 4330 East West Conditions and Requirements for Based on that testing, the manufacturer Highway, Bethesda, MD 20814; Testing Component Parts of Consumer or private labeler must issue a certificate telephone (301) 504–7923. Products that certifies that such children’s Instructions: All submissions received product complies with the children’s AGENCY: Consumer Product Safety must include the agency name and product safety rule based on the Commission. docket number for this proposed assessment of a third party conformity collection of information. All comments ACTION: Notice of proposed rulemaking. assessment body accredited to conduct received may be posted without change, such tests. 15 U.S.C. 2063(a)(2)(B). The SUMMARY: The Consumer Product Safety including any personal identifiers, manufacturer or private labeler of the Commission (‘‘CPSC,’’ ‘‘Commission,’’ or contact information, or other personal children’s product must issue either a ‘‘we’’) is issuing a notice of proposed information provided to http:// separate certificate for each applicable rulemaking regarding the conditions www.regulations.gov. Do not submit children’s product safety rule or a and requirements for testing of confidential business information, trade combined certificate that certifies component parts of consumer products secret information, or other sensitive or compliance with all applicable to demonstrate, in whole or in part, protected information electronically. children’s product safety rules and compliance of a consumer product with Such information should be submitted specifies each such rule. This certificate all applicable rules, bans, standards, in writing, with the sensitive portions is called a Children’s Product and regulations: to support a general clearly identified. Certificate. conformity certificate or a certificate for Docket: For access to the docket to Section 14(g) of the CPSA contains a children’s product pursuant to section read background documents or additional requirements for these 14(a) of the Consumer Product Safety comments received, go to http:// certificates. 15 U.S.C. 2063(g). Each Act (CPSA); as part of a reasonable www.regulations.gov. certificate must identify the testing program pursuant to section FOR FURTHER INFORMATION CONTACT: manufacturer or private labeler issuing 14(a) of the CPSA; as part of the Randy Butturini, Project Manager, the certificate and any third party standards and protocols for continued Office of Hazard Identification and conformity assessment body on whose testing of children’s products pursuant Reduction, Consumer Product Safety testing the certificate depends. The to section 14(d)(2) of the CPSA; and/or Commission, 4330 East West Highway, certificate must include, at a minimum, to meet the requirements of any other Bethesda, MD 20814; telephone (301) the date and place of manufacture, the rule, ban, standard, guidance, policy, or 504–7562; e-mail [email protected]. date and place where the product was protocol regarding consumer product SUPPLEMENTARY INFORMATION: tested, each party’s name, full mailing testing that does not already directly address, telephone number, and contact address component part testing.1 I. Introduction information for the individual DATES: Written comments must be Except as provided in section 14(a)(2) responsible for maintaining records of received by August 3, 2010. of the CPSA, section 14(a)(1) of the test results. Every certificate must be ADDRESSES: You may submit comments, CPSA, 15 U.S.C. 2063(a)(1), requires legible, and all required content must be identified by Docket No. CPSC–2010– manufacturers and private labelers of a in the English language. A certificate 0037, by any of the following methods: product that is subject to a consumer also may contain the same content in Electronic Submissions: Submit product safety rule (defined in section any other language. electronic comments in the following 3(a)(6) of the CPSA), or to any similar Section 14(g) of the CPSA also states way: rule, ban, standard, or regulation under that every certificate must accompany any other act enforced by the the applicable product or shipment of 1 The Commission voted 5–0 to approve Commission, to issue a certificate. The products covered by the same publication of this proposed rule. Chairman Inez certificate: (1) Must certify, based on a certificate, and a copy of the certificate Tenenbaum and Commissioners Nancy Nord and test of each product or upon a must be furnished to each distributor or Anne Northup each filed a statement concerning reasonable testing program, that the retailer of the product. Upon request, this action. These statements may be viewed on the Commission’s Web site at http://www.cpsc.gov/pr/ product complies with all CPSC the manufacturer or private labeler statements.html or obtained from the Commission’s requirements; and (2) must specify each issuing the certificate must furnish a Office of the Secretary. rule, ban, standard, or regulation copy of the certificate to the VerDate Mar<15>2010 15:44 May 19, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\20MYP1.SGM 20MYP1 wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Proposed Rules 28209 Commission. The Commission has Interim Enforcement Policy), available B. Proposed Subpart A—General regulations, at 16 CFR part 1110, at http://www.cpsc.gov/businfo/ Conditions and Requirements specifying the parties responsible for frnotices/fr10/comppol.pdf and Proposed subpart A, consisting of issuing certificates, the form and published in the Federal Register on §§ 1109.1 through 1109.5, would set out content of certificates, and other December 29, 2009 (74 FR 68593)). The generally applicable conditions and requirements for certificates, including proposed rule also reflects the requirements. that certificates can be provided in Commission’s consideration of electronic form. comments to those notices and to the 1. Scope—Proposed § 1109.1 This proposed rule would set forth workshop. Proposed § 1109.1 would define the the conditions and requirements for The Commission invites comment on scope of the rule as applying to all tests testing of component parts of consumer whether finished product certifiers of component parts of consumer products, including children’s products, should be permitted to rely on other products where the test results are used where such testing is intended to types of certifications from other to support a certificate of compliance demonstrate, in whole or in part, the persons (in addition to component part issued pursuant to section 14(a) of the product’s compliance with any rule, certifications). The proposed rule only CPSA or where the tests are otherwise standard, ban, or regulation enforced by would allow a finished product certifier required or permitted by section 14 of the Commission that is subject to the to rely on certificates relating to the the CPSA. requirements of section 14 of the CPSA performance of individual component 2. Purpose—Proposed § 1109.2 and that does not itself directly address parts; it would not authorize a finished Proposed § 1109.2 would discuss the testing of component parts. Specifically, product certifier to rely on a certificate rule’s purpose, which is to set forth the the proposed rule would establish the from another party certifying that the conditions and requirements under conditions under which a party finished product itself complies with an which the Commission will require or certifying a product under section 14 of applicable rule. For example, it would accept the results of testing of the CPSA may rely on tests of not allow certification by others in the component parts of consumer products, component parts of the product, case of standards, such as the small instead of the entire consumer product, including materials used to produce it, parts ban at 16 CFR 1500.19, which to meet, in whole or in part, the testing as all or part of the basis for a valid require testing of the entire product as and certification requirements of certificate

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