81236 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 

Additions 

If the Committee approves the 

proposed additions, the entities of the 

Federal Government identified in this 

notice will be required to procure the 

service and product listed below from 

nonprofit agencies employing persons 

who are blind or have other severe 

disabilities. 

Regulatory Flexibility Act Certification 

I certify that the following action will 

not have a significant impact on a 

substantial number of small entities. 

The major factors considered for this 

certification were: 

1. If approved, the action will not 

result in any additional reporting, 

recordkeeping or other compliance 

requirements for small entities other 

than the small organizations that will 

provide the product and service to the 

Government. 

2. If approved, the action will result 

in authorizing small entities to provide 

the product and service to the 

Government. 

3. There are no known regulatory 

alternatives which would accomplish 

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in 

connection with the services proposed 

for addition to the Procurement List. 

Comments on this certification are 

invited. Commenters should identify the 

statement(s) underlying the certification 

on which they are providing additional 

information. 

End of Certification 

The following service and product are 

proposed for addition to Procurement List for 

production by the nonprofit agencies listed: 

Services 

Service Type/Location: Custodial Service, 

USDA, APHIS, PPQ, Honolulu 

International Airport, 300 Rodgers Blvd, 

Honolulu, HI 

NPA: Opportunities for the Retarded, Inc., 

Wahiawa, HI. 

Contracting Activity: Animal and Plant 

Health Inspection Service, Minneapolis, 

MN. 

Product 

NSN: 6230–01–242–2016, Light Set, General 

Illumination. 

NPA: Arkansas Lighthouse for the Blind, 

Little Rock, AR. 

Contracting Activity: Defense Logistics 

Agency, Aviation, Richmond, VA. 

Coverage: B–List for 50% of the Department 

of Defense requirement as aggregated by 

the Defense Logistics Agency, Aviation, 

Richmond, VA. 

Barry S. Lineback, 

Director, Business Operations. 

[FR Doc. 2010–32331 Filed 12–23–10; 8:45 am] 

BILLING CODE 6353–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Consumer Product Safety Act: Notice 

of Commission Action Lifting Stay of 

Enforcement of Certification 

Requirements for Certain NonChildren’s Products 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘Commission,’’ ‘‘CPSC,’’ or 

‘‘we’’) is announcing its decision to lift 

its stay of enforcement of certain 

certification provisions of section 14 of 

the Consumer Product Safety Act 

(‘‘CPSA’’), as amended by section 102(a) 

of the Consumer Product Safety 

Improvement Act of 2008 (‘‘CPSIA’’). 

The Commission is taking this action 

with respect to non-children’s products 

subject to CPSC regulations pertaining 

to vinyl plastic film, carpets and rugs, 

and clothing textiles. 

DATES: The stay of enforcement of the 

certification provisions of section 14 of 

the CPSA expires for non-children’s 

products subject to CPSC regulations 

pertaining to vinyl plastic film, carpets 

and rugs, and clothing textiles on 

January 26, 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; email rhowell@cpsc.gov. 

SUPPLEMENTARY INFORMATION: In the 

Federal Register of February 9, 2009 (74 

FR 6396), the Commission announced 

that it would stay its enforcement with 

respect to certain testing and 

certification requirements in sections 

14(a)(1), (a)(2), and (a)(3) of the CPSA, 

as amended by section 102 of the 

CPSIA. 

In brief, sections 14(a)(1) and (a)(2) of 

the CPSA establish testing and 

certification requirements for most 

consumer products regulated by or 

under the statutes enforced by the 

Commission, including children’s 

products. Section 14(a)(1) of the CPSA 

requires every manufacturer of a 

product (and the private labeler of such 

product if such product bears a private 

label) that is subject to a consumer 

product safety rule under the CPSA, or 

a similar rule, ban, standard, or 

regulation under any other law enforced 

by the Commission, and which is 

imported for consumption or 

warehousing or distributed in 

commerce, to issue a certificate. The 

manufacturer must certify, based on a 

test of each product, or upon a 

reasonable testing program, that the 

product complies with all rules, bans, 

standards, or regulations applicable to 

the product under the CPSA or any 

other law enforced by the Commission. 

The certificate must specify each such 

rule, ban, standard, or regulation 

applicable to the product. 

For children’s products, section 

14(a)(2) of the CPSA states that, before 

importing for consumption or 

warehousing or distributing in 

commerce any children’s product that is 

subject to a children’s product safety 

rule, the manufacturer (and the private 

labeler if the children’s product bears a 

private label) must submit sufficient 

samples of the children’s product, or 

samples that are identical in all material 

respects to the product, to a third party 

conformity assessment body accredited 

by the Commission under section 

14(a)(3) of the CPSA (‘‘CPSC-accepted 

third party laboratory’’). (Section 3(a)(2) 

of the CPSA defines ‘‘children’s 

product,’’ in relevant part, as ‘‘a 

consumer product designed or intended 

primarily for children 12 years of age or 

younger.’’) The CPSC-accepted third 

party laboratory must test the children’s 

product for compliance with such 

children’s product safety rule. Based on 

the testing, the manufacturer (or private 

labeler) must certify that the children’s 

product complies with the children’s 

product safety rule. 

Section 14(a)(3) of the CPSA 

establishes a schedule for implementing 

third party testing and includes a 

timeline for the accreditation of third 

party conformity assessment bodies. 

Section 14(a)(3)(A) of the CPSA states 

that the third party testing requirement 

applies to any children’s product 

manufactured more than 90 days after 

the Commission has established and 

published a ‘‘notice of requirements’’ for 

the accreditation of third party 

conformity assessment bodies to assess 

conformity with a children’s product 

safety rule. 

In the Federal Register of December 

28, 2009 (74 FR 68588), the Commission 

revised the terms of the stay of 

enforcement on the CPSIA’s testing and 

certification requirements. We 

announced when the stay would lift for 

certain testing and certification 

requirements and detailed how the 

other testing and certification 

requirements would be implemented or 

otherwise become effective. Part II.D of 

the December 28, 2009 notice discussed, 

in part, consumer products for which 

the Commission was continuing the stay 

of enforcement until further notice. We 

stated that, ‘‘[d]ue to factors such as 

pending rulemaking proceedings 


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Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 81237 

affecting the product or the absence of 

a notice of requirements for the 

children’s product, the Commission has 

decided to continue the stay of 

enforcement for consumer products or 

children’s products listed below.’’ 74 FR 

at 68591. We noted that the stay on 

CPSIA testing and certification did not 

extend to compliance with the 

applicable mandatory safety 

requirements; thus, the stay did not 

extend to guarantees under the 

Flammable Fabrics Act. 74 FR at 68589, 

68591. The products identified in part 

II.D of the December 28, 2009 notice 

included: 

• Carpets and rugs (16 CFR parts 1630 and 

1631); 

• Vinyl plastic film (16 CFR part 1611); 

and 

• Wearing apparel (16 CFR part 1610). 

74 FR at 68591. The Commission also 

explained that: 

The Commission intends to require testing 

and certification of these products once it 

completes the rulemakings associated with 

the products, issues notices of requirements, 

or otherwise resolves the issues that have 

warranted a continuation of the stay of 

enforcement for the products. 

74 FR at 68591 through 68592. 

In July and August 2010, the 

Commission issued notices of 

requirements for these products. The 

notice of requirements pertaining to 

vinyl plastic film and carpets and rugs 

appeared in the Federal Register of July 

21, 2010. 75 FR 42311 (vinyl plastic 

film); 75 FR 42315 (carpets and rugs). 

The notice of requirements pertaining to 

clothing textiles (referred to as ‘‘wearing 

apparel’’ in the December 28, 2009 

notice) appeared in the Federal Register 

of August 18, 2010. 75 FR 51016. Each 

notice of requirements described the 

stay of enforcement and then declared 

that the publication of the notice of 

requirements had the effect of lifting the 

stay of enforcement. For example, in the 

notice of requirements pertaining to 

clothing textiles, the Commission stated: 

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. 

75 FR at 51018. In relation to lifting the 

stay, each notice of requirements also 

described when manufacturers of 

children’s products subject to the 

respective regulations would be 

required to certify their products based 

on third party testing. 

Recently, various parties have 

contacted CPSC staff to ask whether the 

stay of enforcement had been lifted with 

respect to non-children’s products 

subject to the cited CPSC regulations 

pertaining to vinyl plastic film, carpets 

and rugs, and clothing textiles. 

Although some manufacturers 

interpreted the notices of requirements 

as lifting the stay of enforcement with 

respect to both non-children’s and 

children’s products, others interpreted 

the text as applying only to children’s 

products. Other parties informed CPSC 

staff that they did not consider reading 

the notices of requirements for 

information relevant to manufacturers 

because the notices of requirements 

provide the criteria and process for 

Commission acceptance of accreditation 

of third party laboratories for testing 

pursuant to CPSC regulations. 

Given the apparent confusion about 

whether the stay of enforcement for 

non-children’s products subject to the 

cited CPSC regulations pertaining to 

vinyl plastic film, carpets and rugs, and 

clothing textiles has been lifted, the 

Commission, through this notice, is 

announcing that the stay of enforcement 

pertaining to the certification under 

section 14(a)(1) of the CPSA for nonchildren’s products will be lifted as of 

January 26, 2011. Thus, after January 26, 

2011, every manufacturer of a nonchildren’s product (and the private 

labeler of such product if such product 

bears a private label) subject to CPSC 

regulations pertaining to: 

• Carpets and rugs (16 CFR parts 1630 

and 1631), 

• Vinyl plastic film (16 CFR part 

1611) or 

• Wearing apparel (16 CFR part 

1610), 

whose product is imported for 

consumption or warehousing or 

distributed in commerce, must issue a 

certificate for that product. (The term 

‘‘manufacturer’’ includes importers (see 

16 CFR part 1110).) 

Dated: December 17, 2010. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2010–32181 Filed 12–23–10; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DOD–2010–OS–0171] 

Proposed Collection; Comment 

Request 

AGENCY: Office of the Under Secretary of 

Defense (Personnel and Readiness), 

DoD. 

ACTION: Notice. 

SUMMARY: In compliance with Section 

3506(c)(2)(A) of the Paperwork 

Reduction Act of 1995, the Office of the 

Under Secretary of Defense (Personnel 

and Readiness) announces the following 

proposed reinstatement of a public 

information collection and seeks public 

comment on the provisions thereof. 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of burden of the 

proposed information collection; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the information collection on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

DATES: Consideration will be given to all 

comments received by February 25, 

2011. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, Room 3C843, 1160 

Defense Pentagon, Washington, DC 

20301–1160. 

Instructions: All submissions received 

must include the agency name, docket 

number and title for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: To 

request more information on this 

proposed information collection or to 

obtain a copy of the proposal and 

associated collection instruments, 

please write to the Office of the Under 

Secretary of Defense (Personnel and 

Readiness)(Military Personnel Policy)/ 

Accession Policy, Attn: Major Arturo 

Roque, or call (703) 695–5527. 

Title, Associated Form, and OMB 

Control Number: Request for 

Verification of Birth, DD Form 372, 

OMB Control Number: 0704–0006. 

Needs and Uses: Title 10, USC 505, 

532, 3253, and 8253, require applicants 

meet minimum and maximum age and 

citizenship requirements for enlistment 

into the Armed Forces (including the 

Coast Guard). If an applicant is unable 


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