51016 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Notices 

1The Commission voted 3–2 to publish this 

notice of requirements. Chairman Inez M. 

Tenenbaum, Commissioner Nancy A. Nord, and 

Commissioner Anne Meagher Northup each issued 

a statement, and the statements can be found at 

http://www.cpsc.gov/pr/statements.html. 

warehouse, for consumption, in 

accordance with 19 CFR 

351.212(c)(1)(i). The Department 

intends to issue appropriate assessment 

instructions directly to CBP 15 days 

after publication of this notice. 

Notification to Importers 

This notice serves as a reminder to 

importers of their responsibility under 

19 CFR 351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this 

review period. Failure to comply with 

this requirement could result in the 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of doubled antidumping duties. 

Notification Regarding Administrative 

Protective Orders 

This notice serves as a reminder to 

parties subject to administrative 

protective order (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return or 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a sanctionable violation. 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(1) and 777(i)(1) of the Tariff Act 

of 1930, as amended, and 19 CFR 

351.213(d)(4). 

Dated: August 10, 2010. 

Edward C. Yang, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–20495 Filed 8–17–10; 8:45 am] 

BILLING CODE 3510–DS–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday 

September 3, 2010. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

and Enforcement Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. 2010–20597 Filed 8–16–10; 4:15 pm] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday 

September 17, 2010. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

and Enforcement Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. 2010–20600 Filed 8–16–10; 4:15 pm] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday 

September 10, 2010. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

and Enforcement Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. 2010–20598 Filed 8–16–10; 4:15 pm] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Tuesday, August 

31, 2010. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Rule 

Enforcement Review. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. 2010–20601 Filed 8–16–10; 4:15 pm] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday 

September 24, 2010. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

and Enforcement Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. 2010–20605 Filed 8–16–10; 4:15 pm] 

BILLING CODE 6351–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. CPSC–2010–0086] 

Third Party Testing for Certain 

Children’s Products; Clothing Textiles: 

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 CPSC 

regulations under the Flammable 

Fabrics Act relating to clothing textiles. 

The Commission is issuing this notice of 

requirements pursuant to the Consumer 

Product Safety Act (CPSA). 

DATES: Effective Date: The requirements 

for accreditation of third party 

conformity assessment bodies to assess 

conformity with 16 CFR part 1610 are 

effective upon publication of this notice 

in the Federal Register.1


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Notices 51017 

Comments in response to this notice 

of requirements should be submitted by 

September 17, 2010. Comments on this 

notice should be captioned ‘‘Third Party 

Testing for Certain Children’s Products; 

Clothing Textiles: Requirements for 

Accreditation of Third Party Conformity 

Assessment Bodies.’’ 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2010– 

0086 by any of the following methods: 

Electronic Submissions: Submit 

electronic comments in the following 

way: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

To ensure timely processing of 

comments, the Commission is no longer 

accepting comments submitted by 

electronic mail (e-mail) except through 

http://www.regulations.gov. 

Written Submissions: Submit written 

submissions in the following way: 

Mail/Hand delivery/Courier (for 

paper, disk, or CD–ROM submissions) 

preferably in five copies, to: Office of 

the Secretary, U.S. Consumer Product 

Safety Commission, Room 820, 4330 

East West Highway, Bethesda, Maryland 

20814; telephone (301) 504–7923. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. All 

comments received may be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. Do not 

submit confidential business 

information, trade secret information, or 

other sensitive or protected information 

(such as a Social Security Number) 

electronically; if furnished at all, such 

information should be submitted in 

writing. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Robert ‘‘Jay’’ Howell, Assistant Executive 

Director for The Office of 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 

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). 

The Commission also is recognizing 

limited circumstances in which it will 

accept certifications based on product 

testing conducted before the third party 

conformity assessment body is accepted 

as accredited by the CPSC. The details 

regarding those limited circumstances 

can be found in part IV of this document 

below. 

This notice provides the criteria and 

process for Commission acceptance of 

accreditation of third party conformity 

assessment bodies for testing pursuant 

to 16 CFR part 1610, Standard for the 

Flammability of Clothing Textiles, 

which sets a minimum standard for 

flammability of clothing textiles under 

the Flammable Fabrics Act (15 U.S.C. 

1191 et seq.) (FFA). 

Section 3(a)(2) of the CPSA defines a 

children’s product as ‘‘a consumer 

product designed or intended primarily 

for children 12 years of age or younger.’’ 

Although clothing textiles are often 

used in nonchildren’s wearing apparel, 

some clothing textiles are ‘‘designed or 

intended primarily for children 12 years 

of age or younger.’’ Clothing textiles 

designed or intended primarily for 

children 12 years of age or younger are 

subject to the third party testing and 

certification requirements in section 

14(a)(2) of the CPSA. Accordingly, this 

notice of requirements addresses the 

accreditation of conformity assessment 

bodies to test such clothing textiles for 

conformity with 16 CFR part 1610. 

Some clothing textiles are exempt 

from part 1610 testing. See 16 CFR 

1610.1(d). Manufacturers do not need to 

submit exempt clothing textiles 

designed or intended primarily for 

children 12 years of age or younger to 

a third party conformity assessment 

body to confirm that the exemption 

applies. For clothing textiles designed 

or intended primarily for children 12 

years of age or younger that are subject 

to 16 CFR part 1610, manufacturers may 

submit a product for third party testing 

at either the pre- or post-garment stage 

of production. 

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 regulations identified immediately 

above. 

The CPSC also recognizes that section 

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

as ‘‘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 as 

requiring a notice of requirements for 

‘‘all’’ other children’s product safety 

rules, rather than 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 the Commission staff is continuing 

to evaluate which rules, regulations, 

standards, or bans are ‘‘children’s 

product safety rules.’’ The CPSC intends 

to issue additional notices of 

requirements for other rules which 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 


sroberts on DSKD5P82C1PROD with NOTICES
51018 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Notices 

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 in accordance with the 

regulations 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. 

The Commission stayed the 

enforcement of certain provisions of 

section 14(a) of the CPSA in a notice 

published in the Federal Register on 

February 9, 2009 (74 FR 6396); the stay 

applied to testing and certification of 

various products, including clothing 

textiles. On December 28, 2009, the 

Commission published a notice in the 

Federal Register (74 FR 68588) revising 

the terms of the stay. One section of the 

December 28, 2009, notice addressed 

‘‘Consumer Products or Children’s 

Products Where the Commission Is 

Continuing the Stay of Enforcement 

Until Further Notice,’’ due to factors 

such as pending rulemaking 

proceedings affecting the product or the 

absence of a notice of requirements. The 

clothing textile testing and certification 

requirements were included in that 

section of the December 28, 2009, 

notice. 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. 

The Commission noted in the 

December 28, 2009, notice that the stay 

of enforcement did not extend to 

guaranties under the FFA. The 

manufacturer or supplier of clothing 

textiles may issue a guaranty, based on 

reasonable and representative testing, 

that the clothing textile complies with 

FFA standards. The holder of a valid 

guaranty is not subject to criminal 

prosecution under section 7 of the FFA 

(penalties) for a violation of section 3 of 

the FFA (prohibited transactions). 

The reasonable and representative 

tests sufficient for the issuance of an 

FFA guaranty are generally performed 

by the manufacturer; those tests are 

sufficient for the issuance of a general 

conformity certification for 

nonchildren’s products under section 

14(a)(1) of the CPSA. However, because 

section 14(a)(2) of the CPSA requires 

children’s products subject to a 

children’s product safety rule to be 

tested by an accredited third party 

conformity assessment body, reasonable 

and representative tests performed by a 

manufacturer sufficient for the issuance 

of an FFA guaranty are not sufficient for 

the issuance of a certification of 

compliance with 16 CFR part 1610 for 

clothing textiles designed or intended 

primarily for children 12 years of age or 

younger (unless the manufacturer’s 

facility is a CPSC-accepted firewalled 

conformity assessment body). The 

textiles may be tested by a CPSCaccepted third party laboratory or the 

final garment may be tested to ensure 

that the textiles used meet the 

standard’s flammability requirements. 

This notice of requirements is 

effective on August 18, 2010. Further, as 

the publication of this notice of 

requirements effectively lifts the stay of 

enforcement with regard to testing and 

certifications related to 16 CFR part 

1610, each manufacturer of a children’s 

product subject to 16 CFR part 1610 

must have any such product 

manufactured after November 16, 2010 

tested by a third party conformity 

assessment body accredited to do so and 

must issue a certificate of compliance 

with 16 CFR part 1610 based on that 

testing. (Under the CPSA, the term 

‘‘manufacturer’’ includes anyone who 

manufactures or imports a product.) 

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 in the regulations 

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 

regulations in 16 CFR part 1610, 

Standard for the Flammability of 

Clothing Textiles. A true copy, in 

English, of the accreditation and scope 

documents demonstrating compliance 

with the requirements of this notice 

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. 

Subject to the limited provisions for 

acceptance of ‘‘retrospective’’ testing 

noted in part IV below, once the 

Commission adds a third party 

conformity assessment body to that list, 

the third party conformity assessment 

body may commence testing of 

children’s products to support the 

manufacturer’s certification that the 

product complies with the regulations 

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 above, firewalled 

conformity assessment bodies seeking 

accredited 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 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Notices 51019 

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 ten 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 see if 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. 

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 that 

have been accredited in the same 

nation; 

• 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 above 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 Internet 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, 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 satisfactorily completed, 

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 may ultimately 

seek acceptance as a firewalled third 

party conformity assessment body also 

can 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 

will then be added to the CPSC’s list of 

accredited 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. 

Subject to the limited provisions for 

acceptance of ‘‘retrospective’’ testing 

noted in part IV of this document below, 

once the Commission adds a third party 

conformity assessment body to the list, 

the third party conformity assessment 

body may then begin testing of 

children’s products to support 

certification of compliance with the 

regulations identified earlier in part I of 

this document for which it has been 

accredited. 

IV. Limited Acceptance of Children’s 

Product Certifications Based on Third 

Party Conformity Assessment Body 

Testing Prior to the Commission’s 

Acceptance of Accreditation 

The Commission will accept a 

certificate of compliance with the 

standard for clothing textiles included 

in 16 CFR part 1610, Standard for the 

Flammability of Clothing Textiles, based 

on testing performed by an accredited 

third party conformity assessment body 

(including a government-owned or 

-controlled conformity assessment body, 

and a firewalled conformity assessment 

body) prior to the Commission’s 

acceptance of its accreditation if: 

• At the time of product testing, the 

product was tested by a third party 

conformity assessment body that was 

ISO/IEC 17025 accredited by an ILAC– 

MRA member at the time of the test. For 

firewalled conformity assessment 

bodies, the firewalled conformity 

assessment body must be one that the 

Commission accredited by order at or 

before the time the product was tested, 

even though the order will not have 

included the test methods in the 

regulations specified in this notice. If 

the third party conformity assessment 

body has not been accredited by a 

Commission order as a firewalled 

conformity assessment body, 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; 

• The third party conformity 

assessment body’s application for 

testing using the test methods in the 

regulations identified in this notice is 

accepted by the CPSC on or before 

October 18, 2010; 

• The product was tested on or after 

August 18, 2010 with respect to the 

regulations identified in this notice; 

• The accreditation scope in effect for 

the third party conformity assessment 

body at the time of testing expressly 

included testing to the regulations 


sroberts on DSKD5P82C1PROD with NOTICES
51020 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Notices 

1The Commission voted 4–1 to publish this 

notice of requirements. Chairman Inez M. 

Tenenbaum and Commissioner Anne Meagher 

Northup each issued a statement, and the 

statements can be found at http://www.cpsc.gov/pr/ 

statements.html. 

identified earlier in part I of this 

document; 

• The test results show compliance 

with the applicable current standards 

and/or regulations; and 

• The third party conformity 

assessment body’s accreditation, 

including inclusion in its scope the 

standards described in part I of this 

notice, remains in effect through the 

effective date for mandatory third party 

testing and manufacturer certification 

for conformity with 16 CFR part 1610. 

Dated: August 13, 2010. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2010–20497 Filed 8–17–10; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. CPSC–2010–0085] 

Third Party Testing for Certain 

Children’s Products; Mattresses, 

Mattress Pads, and/or Mattress Sets: 

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 

regulations under the Flammable 

Fabrics Act relating to mattresses, 

mattress pads, and/or mattress sets. The 

Commission is issuing this notice of 

requirements pursuant to the Consumer 

Product Safety Act (CPSA). 

DATES: Effective Date: The requirements 

for accreditation of third party 

conformity assessment bodies to assess 

conformity with 16 CFR parts 1632 and/ 

or 1633 are effective upon publication of 

this notice in the Federal Register.1

Comments in response to this notice 

of requirements should be submitted by 

September 17, 2010. Comments on this 

notice should be captioned ‘‘Third Party 

Testing for Certain Children’s Products; 

Mattresses, Mattress Pads, and/or 

Mattress Sets: Requirements for 

Accreditation of Third Party Conformity 

Assessment Bodies.’’ 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2010– 

0085 by any of the following methods: 

Electronic Submissions: Submit 

electronic comments in the following 

way: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

To ensure timely processing of 

comments, the Commission is no longer 

accepting comments submitted by 

electronic mail (e-mail) except through 

http://www.regulations.gov. 

Written Submissions: Submit written 

submissions in the following way: 

Mail/Hand delivery/Courier (for 

paper, disk, or CD–ROM submissions) 

preferably in five copies, to: Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, Room 820, 4330 

East West Highway, Bethesda, Maryland 

20814; telephone (301) 504–7923. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. All 

comments received may be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. Do not 

submit confidential business 

information, trade secret information, or 

other sensitive or protected information 

(such as a Social Security Number) 

electronically; if furnished at all, such 

information should be submitted in 

writing. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Robert ‘‘Jay’’ Howell, Assistant Executive 

Director for The Office of 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 

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). 

The Commission also is recognizing 

limited circumstances in which it will 

accept certifications based on product 

testing conducted before the third party 

conformity assessment body is accepted 

as accredited by the CPSC. The details 

regarding those limited circumstances 

can be found in part IV of this document 

below. 

This notice provides the criteria and 

process for Commission acceptance of 

accreditation of third party conformity 

assessment bodies for testing pursuant 

to 16 CFR parts 1632, Standard for the 

Flammability of Mattresses and Mattress 

Pads (FF 4–72, amended), and/or 1633, 

Standard for the Flammability (Open 

Flame) of Mattress Sets, which set 

minimum standards for flammability of 

mattresses, mattress pads, and/or 

mattress sets under the Flammable 

Fabrics Act (15 U.S.C. 1191 et seq.) 

(FFA). 

Section 3(a)(2) of the CPSA defines a 

children’s product as ‘‘a consumer 

product designed or intended primarily 

for children 12 years of age or younger.’’ 

Although mattresses, mattress pads, 

and/or mattress sets are often for general 

use (that is, it is produced for general 

consumption rather than being 

produced specifically for use by 

children), some mattresses, mattress 

pads, and/or mattress sets are ‘‘designed 

or intended primarily for children 12 

years of age or younger.’’ Examples of 

such products include youth and cribsize mattresses. Mattresses, mattress 

pads, and/or mattress sets designed or 

intended primarily for children 12 years 

of age or younger are subject to the third 


sroberts on DSKD5P82C1PROD with NOTICES