```

[Federal Register Volume 76, Number 26 (Tuesday, February 8, 2011)]
[Notices]
[Pages 6765-6766]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2704]

=======================================================================
-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION

Consumer Product Safety Act: Notice of Commission Action on the 
Stay of Enforcement of Testing and Certification Requirements

AGENCY: Consumer Product Safety Commission.

ACTION: Revision of terms of stay of enforcement.

-----------------------------------------------------------------------

SUMMARY: The Consumer Product Safety Commission (``CPSC'' or 
``Commission'' or ``we'') is announcing its decision to revise the 
terms of its stay of enforcement of certain testing and certification 
provisions of section 14 of the Consumer Product Safety Act (``CPSA'') 
as amended by section 102 of the Consumer Product Safety Improvement 
Act of 2008 (``CPSIA''). Through this notice, the Commission announces 
an extension of the stay of enforcement pertaining to total lead 
content in children's products (except for metal components of 
children's metal jewelry), and certain related products, until December 
31, 2011.\1\
---------------------------------------------------------------------------

    \1\ The Commission voted 4-1 to approve publication of this 
notice. Chairman Inez M. Tenenbaum, Commissioner Thomas H. Moore, 
Commissioner Nancy Nord, and Commissioner Anne M. Northup voted for 
the publication of the notice with changes. Commissioner Robert S. 
Adler voted against publication of the notice. Chairman Tenenbaum, 
Commissioner Northup, and Commissioner Adler filed statements 
concerning this vote. The statements may be viewed on the 
Commission's Web site at http://www.cpsc.gov/pr/statements.html.

DATES: The stay of enforcement pertaining to total lead content in 
children's products (except for metal components of children's metal 
jewelry), and certain related products, is extended until December 31, 
---------------------------------------------------------------------------
2011, upon which date the stay will expire.

FOR FURTHER INFORMATION CONTACT: Robert ``Jay'' Howell, Acting 
Assistant Executive Director for the Office of Compliance and Field 
Operations, U.S. Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, Maryland 20814; e-mail rhowell@cpsc.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 14 of the CPSA requires that every manufacturer of a 
product (and the private labeler, if the product bears a private label) 
that is subject to a consumer product safety rule, ban, standard, or 
regulation enforced by the Commission certify, based on testing, that 
its product complies with the applicable safety rule, ban, standard, or 
regulation. For nonchildren's products, the certification must be based 
on a test of each product or a reasonable testing program. For 
children's products, the certification must be based on testing 
conducted by a CPSC-accepted third party conformity assessment body 
(laboratory).
    On February 9, 2009, the Commission published a notice in the 
Federal Register, staying enforcement of many of the testing and 
certification requirements, including the requirements related to total 
lead in children's products (other than the lead content of metal 
components of children's metal jewelry). 74 FR 6396, 6397. The 
Commission committed to the stay for one year, explaining that the stay 
was necessary to ``give us the time needed to develop sound rules and 
requirements as well as implement outreach efforts to explain these 
[new] requirements of the CPSIA and their applicability.'' 74 FR at 
6398. With regard to lead content in metal components of children's 
metal jewelry, the Commission stated that certifications based on third 
party testing would be required for such products manufactured after 
March 23, 2009. 74 FR at 6397.
    On December 28, 2009, the Commission published a notice in the 
Federal Register, revising the terms of the stay. 74 FR 68588. In that 
notice, the Commission lifted the stay for some CPSC regulations and 
extended the stay for other CPSC regulations. Relevant for present 
purposes, the Commission stated that it ``plans to keep the stay in 
effect for total lead content in metal children's products and in non-
metal children's products * * * (section 101 of the CPSIA) until 
February 10, 2011.'' 74 FR at 68591. The December 28, 2009, notice did 
not affect certifications and testing of lead content in metal 
components of children's metal jewelry; the stay pertaining to those 
products had expired on March 23, 2009. 74 FR at 68589.
    The Commission also published two notices concerning discrete stays 
of enforcement related to lead content. On May 12, 2009, the Commission 
published a notice staying enforcement with regard to the lead content 
in certain parts and youth motorized vehicles that contain those parts. 
74 FR 22154. The notice announced that the stay would remain in effect 
until May 1, 2011. Id. Specifically, the Commission stayed enforcement 
of the specified lead level as it pertains to certain parts of youth 
all-terrain vehicles, youth off-road motorcycles, and youth snowmobiles 
(``Youth Motorized Recreational Vehicles'' or ``Vehicles''), 
specifically battery terminals containing up to 100 percent lead, and 
components made with metal alloys, including steel containing up to 
0.35 percent lead, aluminum with up to 0.4 percent lead, and copper 
with up to 4.0 percent lead, and the vehicles that contain them. Id.
    On June 30, 2009, the Commission published a notice staying 
enforcement with regard to the lead content in certain parts of 
bicycles, jogger strollers, and bicycle trailers (``Bicycles and 
Related Products'') designed or intended primarily for children 12 
years of age or younger. 74 FR 31254. In brief, the stay applied to 
components made with metal alloys, including steel containing up to 
0.35 percent lead, aluminum with up to 0.4 percent lead, and copper 
with up to 4.0 percent lead. 74 FR at 31257. The Commission stated the 
stay would remain in effect until July 1, 2011. 74 FR at 31254.

II. Extension of Stay of Enforcement

    We have received several requests for an extension of the stay of 
enforcement related to lead testing and certifications. After 
considering these requests and other matters, the Commission has 
decided to extend the existing stay of enforcement on testing and 
certifications of the total lead content in children's products (except 
for metal components of children's metal jewelry) until December 31, 
2011, at which time the stay will expire. This action by the Commission 
encompasses the stays described above, pertaining to lead content in 
Youth Motorized Recreational Vehicles and Bicycles and Related 
Products; those stays are hereby extended until December 31, 2011.
    The Commission notes that there remains in effect a stay of 
enforcement on testing and certification for children's products 
subject to those children's product safety rules for which a notice of 
requirements for accreditation of third party conformity assessment 
bodies (laboratories) has not published yet, including testing of 
children's toys and child care articles for banned phthalates, and 
testing of

[[Page 6766]]

children's toys for compliance with the mandatory toy safety standard 
ASTM F-963 (which includes caps and toy guns). The Commission's current 
action does not affect that stay of enforcement; accordingly, and as 
described in the December 28, 2009, notice (74 FR 68591-68592), such 
stay will continue until the respective notices of requirements for 
laboratory accreditation are published.

    Dated: February 1, 2011.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2011-2704 Filed 2-7-11; 8:45 am]
BILLING CODE 6355-01-P
```