Testing and Labeling Pertaining to Product Certification, FINAL RULE, CPSC Docket No. CPSC-2010-0038, November 8, 2011

69482 Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Rules and Regulations CONSUMER PRODUCT SAFETY certified to comply with the applicable labeler of such children’s product must COMMISSION product safety rules may be increased. submit sufficient samples of the Potentially, the number of recalls for children’s product ‘‘or samples that are 16 CFR Part 1107 children’s products could be reduced, identical in all material respects to the product’’ to an accredited ‘‘third party [CPSC Docket No. CPSC–2010–0038] and, with continued assessment of compliance, the scope of necessary conformity assessment body’’ to be Testing and Labeling Pertaining to recalls could be reduced. Further, third tested for compliance with the Product Certification party testing during continuing children’s product safety rule. Based on production or importation can serve as such testing, the manufacturer or private AGENCY: Consumer Product Safety an objective assessment of the labeler, under section 14(a)(2)(B) of the Commission. effectiveness of a manufacturer’s or CPSA, must issue a certificate that ACTION: Final rule. importer’s internal processes to ensure certifies that such children’s product compliance, which would also serve to complies with the children’s product SUMMARY: The Consumer Product Safety enhance the safety of children’s safety rule based on the assessment of Commission (‘‘CPSC,’’ ‘‘Commission,’’ products in the market. a third party conformity assessment or ‘‘we’’) is issuing a final rule that body accredited to perform such tests. establishes protocols and standards with II. Statutory Authority Section 14(i)(2)(A) of the CPSA respect to certification and continued A. The Consumer Product Safety Act, as requires the Commission to initiate a testing for children’s products. The final Amended by the Consumer Product program by which a manufacturer or rule also establishes requirements for Safety Improvement Act of 2008 private labeler may label a consumer labeling of consumer products to show product as complying with the Section 14(a)(1) of the CPSA, (15 that the product complies with the certification requirements. This U.S.C. 2063(a)(1)), as amended by certification requirements under section provision applies to all consumer section 102 of the CPSIA, establishes 14(a) of the Consumer Product Safety products that are subject to a product requirements for the testing and Act (‘‘CPSA’’). The final rule safety rule administered by the certification of products subject to a implements section 14(a)(2) and (i) of Commission. (On August 12, 2011, the consumer product safety rule under the the CPSA, as amended by section 102(b) President signed into law H.R. 2715, CPSA or similar rule, ban, standard, or of the Consumer Product Safety which amended both the CPSA and the regulation under any other act enforced Improvement Act of 2008 (‘‘CPSIA’’). CPSIA. Section 10(a) of H.R. 2715 by the Commission and which are DATES: The rule will become effective redesignates what was identified as imported for consumption or section 14(d) of the CPSA in the on February 8, 2013 and applies to warehousing or distributed in products manufactured after that date. preamble of the proposed rule as section commerce. Under section 14(a)(1)(A) of 14(i) of the CPSA; consequently, except The incorporation by reference of the the CPSA, manufacturers and private publications listed in this rule is where we are citing language from the labelers must issue a certificate, which proposed rule, the remainder of this approved by the Director of the Federal ‘‘shall certify, based on a test of each Register as of February 8, 2013.1 document will refer to section 14(i) of product or upon a reasonable testing the CPSA.) FOR FURTHER INFORMATION CONTACT: program, that such product complies Section 14(i)(2)(B) of the CPSA Randy Butturini, Project Manager, with all rules, bans, standards, or requires the Commission to establish Office of Hazard Identification and regulations applicable to the product protocols and standards for: Reduction, U.S. Consumer Product under the CPSA or any other Act • Ensuring that a children’s product Safety Commission, 4330 East West enforced by the Commission.’’ CPSC tested for compliance with a children’s Highway, Bethesda, Maryland 20814; regulations, at 16 CFR part 1110, limit product safety rule is subject to testing (301) 504–7562; email: the certificate requirement to importers periodically and when there has been a [email protected]. and domestic manufacturers. Section material change in the product’s design SUPPLEMENTARY INFORMATION: 14(a)(1)(B) of the CPSA further requires or manufacturing process, including the that the certificate provided by the sourcing of component parts; I. Purpose of the Final Rule importer or domestic manufacturer • Testing of representative samples; The purpose of this final rule is to ‘‘specify each such rule, ban, standard, • Verifying that a children’s product reduce the incidents of deaths and or regulation applicable to the product.’’ tested by a conformity assessment body injuries associated with children’s The certificate described in section complies with applicable children’s products. This will be accomplished by 14(a)(1) of the CPSA is known as a product safety rules; and increasing the safety of children’s General Conformity Certification (GCC). • Safeguarding against the exercise of products. The likelihood of a Section 14(a)(2) of the CPSA (15 undue influence on a third party noncompliant product being detected U.S.C. 2063(a)(2)) establishes testing conformity assessment body by a before it is introduced to the public will requirements for children’s products manufacturer or private labeler. be increased. Consequently, consumer that are subject to a children’s product Section 14(i)(2)(B)(iii) of the CPSA confidence in children’s products safety rule. (Section 3(a)(2) of the CPSA provides for verification that a (15 U.S.C. 2052(a)(2)) defines a children’s product tested by a 1 The Commission voted 3–2 to publish this final children’s product, in part, as a conformity assessment body complies rule, with changes, in the Federal Register. consumer product designed or intended with applicable children’s product Chairman Inez M. Tenenbaum, Commissioners primarily for children 12 years of age or safety rules. At this time, we are not Robert S. Adler and Thomas H. Moore voted to publish the final rule with changes. Commissioners younger.) Section 14(a)(2)(A) of the imposing any verification obligations on Nancy A. Nord and Anne M. Northup voted against CPSA also states that, before a manufacturers because we intend to publication of the final rule. Chairman Tenenbaum, children’s product subject to a conduct the verification ourselves under Commissioner Adler, and Commissioner Moore children’s product safety rule is our inherent authorities while we gain issued a joint statement. Commissioner Nord and more experience with the testing and Commissioner Northrup issued statements. The imported for consumption or statements can be found at http://www.cpsc.gov/pr/ warehousing or distributed in certification requirements. When we statements.html. commerce, the manufacturer or private find that a children’s product VerDate Mar<15>2010 17:15 Nov 07, 2011 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\08NOR3.SGM 08NOR3 emcdonald on DSK5VPTVN1PROD with RULES3 Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Rules and Regulations 69483 accompanied by a certificate of standard, or regulation.’’ H.R. 2715 lists ‘‘covered products’’ manufactured by conformity does not pass the tests upon seven topics for public comment: small batch manufacturers or to exempt which the certification was based, we Æ The extent to which the use of small batch manufacturers from third may initiate an investigation of the materials subject to regulations of party testing requirements. H.R. 2715 manufacturer, third party conformity another government agency that defines a ‘‘covered product’’ as ‘‘a assessment body, and any other relevant requires third party testing of those consumer product manufactured by a party in the supply chain, to determine materials may provide sufficient small batch manufacturer where no the cause of the discrepancy. assurance of conformity with an more than 7,500 units of the same To implement sections 14(a) and (d) applicable consumer product safety product were manufactured in the (now renumbered by H.R. 2715 as rule, ban, standard, or regulation previous calendar year.’’ It defines a section 14(i)) of the CPSA, as amended without further third party testing; ‘‘small batch manufacturer,’’ in part, as Æ by section 102 of the CPSIA, we The extent to which modification of ‘‘a manufacturer that had no more than published a proposed rule in the the certification requirements may have $1,000,000 in total gross revenue from Federal Register on May 20, 2010 (75 the effect of reducing redundant third sales of all consumer products in the FR 28336). The proposed rule would: party testing by or on behalf of 2 or previous calendar year.’’ • Define the elements of a more importers of a product that is H.R. 2715 also contains (among other ‘‘reasonable testing program’’ for substantially similar or identical in all things) provisions on registration of material respects; small batch manufacturers and purposes of section 14(a)(1)(A) of the Æ CPSA; The extent to which products with exclusions of certain materials from • Establish the protocols and a substantial number of different

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