22030 Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Rules and Regulations 

Dated: April 14, 2011. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2011–9421 Filed 4–19–11; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. CPSC–2009–0064] 

16 CFR Part 1217 

Third Party Testing for Certain 

Children’s Products; Toddler Beds: 

Requirements for Accreditation of 

Third Party Conformity Assessment 

Bodies 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of requirements. 

SUMMARY: The Consumer Product Safety 

Commission (CPSC or Commission) is 

issuing a notice of requirements that 

provides the criteria and process for 

Commission acceptance of accreditation 

of third party conformity assessment 

bodies for testing pursuant to the CPSC 

regulation relating to toddler beds. The 

Commission is issuing this notice of 

requirements pursuant to section 

14(a)(3)(B)(vi) of the Consumer Product 

Safety Act (CPSA) (15 U.S.C. 

2063(a)(3)(B)(vi)). 

DATES: Effective Date: The requirements 

for accreditation of third party 

conformity assessment bodies to assess 

conformity with 16 CFR part 1217 are 

effective April 20, 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: 

I. Introduction 

Section 14(a)(3)(B)(vi) of the CPSA, as 

added by section 102(a)(2) of the 

Consumer Product Safety Improvement 

Act of 2008 (CPSIA), Public Law 110– 

314, directs the CPSC to publish a 

notice of requirements for accreditation 

of third party conformity assessment 

bodies to assess children’s products for 

conformity with ‘‘other children’s 

product safety rules.’’ Section 14(f)(1) of 

the CPSA defines ‘‘children’s product 

safety rule’’ as ‘‘a consumer product 

safety rule under [the CPSA] or similar 

rule, regulation, standard, or ban under 

any other Act enforced by the 

Commission, including a rule declaring 

a consumer product to be a banned 

hazardous product or substance.’’ Under 

section 14(a)(3)(A) of the CPSA, each 

manufacturer (including the importer) 

or private labeler of products subject to 

those regulations must have products 

that are manufactured more than 

90 days after the Federal Register 

publication date of a notice of the 

requirements for accreditation, tested by 

a third party conformity assessment 

body accredited to do so, and must issue 

a certificate of compliance with the 

applicable regulations based on that 

testing. Section 14(a)(2) of the CPSA, as 

added by section 102(a)(2) of the CPSIA, 

requires that certification be based on 

testing of sufficient samples of the 


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Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Rules and Regulations 22031 

product, or samples that are identical in 

all material respects to the product. The 

Commission also emphasizes that, 

irrespective of certification, the product 

in question must comply with 

applicable CPSC requirements (see, e.g., 

section 14(h) of the CPSA, as added by 

section 102(b) of the CPSIA). 

This notice provides the criteria and 

process for Commission acceptance of 

accreditation of third party conformity 

assessment bodies for testing pursuant 

to the safety standard for toddler beds, 

which appears elsewhere in this issue of 

the Federal Register. The standard for 

toddler beds will be codified at 16 CFR 

part 1217. The standard contains the 

test methods that conformity assessment 

bodies will use to assess toddler beds. 

The Commission is recognizing limited 

circumstances in which it will accept 

certifications based on product testing 

conducted before the toddler bed 

standard becomes effective in six 

months. The details regarding those 

limited circumstances can be found in 

part IV of this document below. 

Although section 14(a)(3)(B)(vi) of the 

CPSA directs the CPSC to publish a 

notice of requirements for accreditation 

of third party conformity assessment 

bodies to assess conformity with ‘‘all 

other children’s product safety rules,’’ 

this notice of requirements is limited to 

the regulation identified immediately 

above. 

The CPSC also recognizes that section 

14(a)(3)(B)(vi) of the CPSA is captioned: 

‘‘All Other Children’s Product Safety 

Rules,’’ but the body of the statutory 

requirement refers only to ‘‘other 

children’s product safety rules.’’ 

Nevertheless, section 14(a)(3)(B)(vi) of 

the CPSA could be construed to require 

a notice of requirements for ‘‘all’’ other 

children’s product safety rules, rather 

than as a notice of requirements for 

‘‘some’’ or ‘‘certain’’ children’s product 

safety rules. However, whether a 

particular rule represents a ‘‘children’s 

product safety rule’’ may be subject to 

interpretation, and Commission staff is 

continuing to evaluate which rules, 

regulations, standards, or bans 

constitute ‘‘children’s product safety 

rules.’’ The CPSC intends to issue 

additional notices of requirements for 

other rules that the Commission 

determines to be ‘‘children’s product 

safety rules.’’ 

This notice of requirements applies to 

all third party conformity assessment 

bodies as described in section 14(f)(2) of 

the CPSA. Generally speaking, such 

third party conformity assessment 

bodies are: (1) Third party conformity 

assessment bodies that are not owned, 

managed, or controlled by a 

manufacturer or private labeler of a 

children’s product to be tested by the 

third party conformity assessment body 

for certification purposes; (2) 

‘‘firewalled’’ conformity assessment 

bodies (those that are owned, managed, 

or controlled by a manufacturer or 

private labeler of a children’s product to 

be tested by the third party conformity 

assessment body for certification 

purposes and that seek accreditation 

under the additional statutory criteria 

for ‘‘firewalled’’ conformity assessment 

bodies); and (3) third party conformity 

assessment bodies owned or controlled, 

in whole or in part, by a government. 

The Commission requires baseline 

accreditation of each category of third 

party conformity assessment body to the 

International Organization for 

Standardization (ISO)/International 

Electrotechnical Commission (IEC) 

Standard 17025:2005, ‘‘General 

Requirements for the Competence of 

Testing and Calibration Laboratories.’’ 

The accreditation must be by an 

accreditation body that is a signatory to 

the International Laboratory 

Accreditation Cooperation—Mutual 

Recognition Arrangement (ILAC–MRA), 

and the scope of the accreditation must 

include testing for any of the test 

methods identified earlier in part I of 

this document for which the third party 

conformity assessment body seeks to be 

accredited. 

(A description of the history and 

content of the ILAC–MRA approach and 

of the requirements of the ISO/IEC 

17025:2005 laboratory accreditation 

standard is provided in the CPSC staff 

briefing memorandum, ‘‘Third Party 

Conformity Assessment Body 

Accreditation Requirements for Testing 

Compliance With 16 CFR Part 1501 

(Small Parts Regulations),’’ dated 

November 2008, and available on the 

CPSC’s Web site at http://www.cpsc.gov/ 

library/foia/foia09/brief/smallparts.pdf.) 

The Commission has established an 

electronic accreditation registration and 

listing system that can be accessed via 

its Web site at http://www.cpsc.gov/ 

about/cpsia/labaccred.html. 

As stated in part I of this document, 

the Commission, elsewhere in this issue 

of the Federal Register, is issuing a new 

standard for toddler beds that will be 

codified at 16 CFR part 1217. This 

notice of requirements is effective on 

April 20, 2011. The final rule 

announcing the Safety Standard for 

Toddler Beds is effective on October 20, 

2011. The effect of these twin 

publications is that each manufacturer 

(including the importer) or private 

labeler of a product subject to 16 CFR 

part 1217 must have any such product 

manufactured on or after October 20, 

2011, tested by a third party conformity 

assessment body accredited to do so and 

must issue a certificate of compliance 

with 16 CFR part 1217 based on that 

testing. 

This notice of requirements is exempt 

from the notice and comment 

rulemaking requirements of the 

Administrative Procedure Act, 5 U.S.C. 

553 (see section 14(a)(3)(G) of the CPSA, 

as added by section 102(a)(2) of the 

CPSIA (15 U.S.C. 2063(a)(3)(G))). 

II. Accreditation Requirements 

A. Baseline Third Party Conformity 

Assessment Body Accreditation 

Requirements 

For a third party conformity 

assessment body to be accredited to test 

children’s products for conformity with 

the test methods identified earlier in 

part I of this document, it must be 

accredited by an ILAC–MRA signatory 

accrediting body, and the accreditation 

must be registered with, and accepted 

by, the Commission. A listing of ILAC– 

MRA signatory accrediting bodies is 

available on the Internet at http:// 

ilac.org/membersbycategory.html. The 

accreditation must be to ISO Standard 

ISO/IEC 17025:2005, ‘‘General 

Requirements for the Competence of 

Testing and Calibration Laboratories,’’ 

and the scope of the accreditation must 

expressly include testing to the test 

method for toddler beds included in 16 

CFR part 1217, Safety Standard for 

Toddler Beds. A true copy, in English, 

of the accreditation and scope 

documents demonstrating compliance 

with these requirements must be 

registered with the Commission 

electronically. The additional 

requirements for accreditation of 

firewalled and governmental conformity 

assessment 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. 

Once the Commission adds a third party 

conformity assessment body to that list, 

the third party conformity assessment 

body may commence testing of toddler 

beds to support certification by the 

manufacturer or private labeler of 

compliance with the test methods 

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, firewalled conformity 

assessment bodies seeking accredited 


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22032 Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Rules and Regulations 

1The CPSIA requires that certification be based 

on testing of sufficient samples of the product or 

samples that are identical in all material respects to 

the product. 

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 10 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 determine 

whether 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. The 

Commission’s order must also find that 

accrediting the firewalled conformity 

assessment body would provide equal 

or greater consumer safety protection 

than the manufacturer’s or private 

labeler’s use of an independent 

conformity assessment body. 

C. Additional Accreditation 

Requirements for Governmental 

Conformity Assessment Bodies 

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 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 Web site at http:// 

www.cpsc.gov/about/cpsia/ 

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 completed satisfactorily, 

the third party conformity assessment 

body in question is added to the CPSC’s 

list of accredited third party conformity 

assessment bodies at http:// 

www.cpsc.gov/about/cpsia/ 

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 ultimately may 

seek acceptance as a firewalled third 

party conformity assessment body may 

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 

then will be added to the CPSC’s list of 

accepted 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. 

Once the Commission adds a third 

party conformity assessment body to the 

list, the third party conformity 

assessment body then may begin testing 

of children’s products to support 

certification of compliance with the 

regulation identified earlier in part I of 

this document for which it has been 

accredited. 

IV. Acceptance of Children’s Product 

Certifications Based on Third Party 

Conformity Assessment Body Testing to 

the New Safety Standard for Toddler 

Beds Prior to Their Effective Date 

Elsewhere in this issue of the Federal 

Register, the Commission is publishing 

a new safety standard for toddler beds, 

which will be codified at 16 CFR part 

1217. The effect of this notice of 

requirements and the final rule is that 

each manufacturer (including the 

importer) or private labeler of a product 

subject to 16 CFR part 1217 must have 

any such product manufactured on or 

after October 20, 2011, tested by a third 

party conformity assessment body 

accredited to do so and must issue a 

certificate of compliance with 16 CFR 

part 1217 based on that testing. 

To ease the transition to the new 

standards and avoid a ‘‘bottlenecking’’ of 

products at conformity assessment 

bodies at or near the effective date of 16 

CFR part 1217, the Commission will 

accept certifications based on testing 

that occurred prior to the effective date 

of the new standard in certain 

prescribed circumstances. However, any 

such testing must comport with all 

CPSC requirements, including: 

1. The product 1 was tested by a third 

party conformity assessment body that 

was ISO/IEC 17025 accredited by a 

signatory to the ILAC–MRA at the time 

of the test. For firewalled conformity 

assessment bodies, the firewalled 

conformity assessment body must be 

one that the Commission has accredited 

by order at or before the time the 


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Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Rules and Regulations 22033 

product was tested, even if the order did 

not include the test methods specified 

in this notice. If the third party 

conformity assessment body has not 

been accredited as a firewalled 

conformity assessment body by a 

Commission order, the Commission will 

not accept a certificate of compliance 

based on testing performed by the third 

party conformity assessment body 

before it is accredited, by Commission 

order, as a firewalled conformity 

assessment body; 

2. The third party conformity 

assessment body’s application is 

accepted by the CPSC by October 20, 

2011, as established by the Commission; 

3. The test results show compliance 

with 16 CFR part 1217; 

4. The product was tested on or after 

April 20, 2011 and before October 20, 

2011; and 

5. The third party conformity 

assessment body’s accreditation remains 

in effect through the effective date for 

mandatory third party testing and 

manufacturer/private labeler 

certification for the subject product’s 

respective regulation. 

Dated: April 14, 2011. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2011–9422 Filed 4–19–11; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2011–0258] 

National Maritime Week Tugboat 

Races, Seattle, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Special Local Regulation for the 

annual National Maritime Week 

Tugboat Races in Elliott Bay, WA from 

12 p.m. through 4:30 p.m. on May 14, 

2011. This action is necessary to ensure 

the safety of all participants and 

spectators from the inherent dangers 

associated with these types of races 

which includes large wakes. During the 

enforcement period, no person or vessel 

may enter or remain in the regulated 

area except for participants in the event, 

supporting personnel, vessels registered 

with the event organizer, and personnel 

or vessels authorized by the Coast Guard 

Patrol Commander. 

DATES: The regulations in 33 CFR 

100.1306 will be enforced from 12 p.m. 

through 4:30 p.m. on May 14, 2011. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail Ensign Anthony P. LaBoy, 

Sector Puget Sound Waterways 

Management Division, Coast Guard; 

telephone 206–217–6323, e-mail 

SectorPugetSoundWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Special Local 

Regulation for the annual National 

Maritime Week Tugboat Races, Seattle, 

WA in 33 CFR 100.1306 on May 14, 

2011 from 12:00 p.m. through 4:30 p.m. 

This regulation can be found in the 

April 27, 1996 issue of the Federal 

Register (61 FR 16710). 

A regulated area is established on that 

portion of Elliott Bay along the Seattle 

waterfront in Puget Sound bounded by 

a line beginning at: 47°37′36′′ N, 

122°22′42′′ W; thence to 47°37′24.5′′ N, 

122°22′58.5′′ W; thence to 47°36′08′′ N, 

122°20′53′′ W; thence to 47°36′21′′ N, 

122°20′31′′ W; thence returning to the 

origin. This regulated area resembles a 

rectangle measuring approximately 

3,900 yards along the shoreline between 

Pier 57 and Pier 89, and extending 

approximately 650 yards into Elliott 

Bay. Temporary floating markers will be 

placed by the race sponsors to delineate 

the regulated area. [Datum: NAD 1983] 

No person or vessel may enter or 

remain in the regulated area except for 

participants in the event, supporting 

personnel, vessels registered with the 

event organizer, and personnel or 

vessels authorized by the Coast Guard 

Patrol Commander. 

The Coast Guard will establish a 

patrol consisting of active and auxiliary 

Coast Guard vessels and personnel in 

the regulated area described above. The 

patrol shall be under the direction of a 

Coast Guard officer or petty officer 

designated by the Captain of the Port as 

the Coast Guard Patrol Commander. The 

Patrol Commander may forbid and 

control the movement of vessels in this 

regulated area. 

A succession of sharp, short blasts 

from whistle or horn from vessels 

patrolling the area under the direction 

of the Patrol Commander shall serve as 

a signal to stop. Vessels signaled shall 

stop and comply with the orders of the 

patrol vessel. Failure to do so may result 

in expulsion from the area, citation for 

failure to comply, or both. 

The Coast Guard may be assisted by 

other Federal, State, or local law 

enforcement agencies in enforcing this 

regulation. 

This notice is issued under authority 

of 33 CFR 100.1306 and 5 U.S.C. 552(a). 

If the Captain of the Port determines 

that the regulated area need not be 

enforced for the full duration stated in 

this notice, he or she may use a 

Broadcast Notice to Mariners to grant 

general permission to enter the 

regulated area. 

Dated: April 7, 2011. 

S.J. Ferguson, 

Captain, U.S. Coast Guard, Captain of the 

Port, Puget Sound. 

[FR Doc. 2011–9532 Filed 4–19–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0263] 

RIN 1625–AAOO 

Safety Zone; Red River Safety Zone, 

Red River, MN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard Captain of 

the Port, Marine Safety Unit Duluth, MN 

is establishing a temporary safety zone 

on the Red River, MN. This safety zone 

is being established to ensure the safety 

of the public. The safety zone will 

prevent individuals from entering all 

navigable waters of the Red River in the 

State of Minnesota north of a line drawn 

across latitude 46°20′00′′ N, including 

those portions of the river in Wilkin, 

Clay, Norman, Polk, Marshall and 

Kittson counties, to the United StatesCanada international border. 

DATES: This rule is effective in the CFR 

from April 20, 2011 until July 15, 2011. 

This rule is effective with actual notice 

for purposes of enforcement from April 

7, 2011 until 5 p.m. on July 15, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0263 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0263 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Aaron L. Gross, Chief 


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