Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81789 

part of new consumer product safety 

standards to be codified at 16 CFR parts 

1219 and 1220. 

C. Comment on the Proposal 

In the Federal Register of July 23, 

2010 (75 FR 43107), the Commission 

published a notice of proposed 

rulemaking proposing to revoke 16 CFR 

parts 1508 and 1509. We received one 

comment on the proposal. The comment 

agreed with the proposed revocation, 

stating: ‘‘The proposed new regulations 

will be more thorough and 

comprehensive than the old regulations. 

It is simply logical to revoke the old 

outdated 16 CFR parts 1508 and 1509.’’ 

We agree with the comment, and 

therefore, we are revoking 16 CFR parts 

1508 and 1509 entirely. 

D. Paperwork Reduction Act 

This rule would not impose any 

information collection requirements. 

Accordingly, this rule is not subject to 

the Paperwork Reduction Act, 44 U.S.C. 

3501–3520. 

E. Environmental Considerations 

This rule falls within the scope of the 

Commission’s environmental review 

regulation at 16 CFR 1021.5(c)(1), which 

provides a categorical exclusion from 

any requirement for the agency to 

prepare an environmental assessment or 

environmental impact statement for 

rules that revoke product safety 

standards. 

F. Effective Date 

The final rule to revoke 16 CFR parts 

1508 and 1509 becomes effective on 

June 28, 2011. This date corresponds to 

the effective date of the new mandatory 

standards developed for full-size and 

non-full-size cribs. 

List of Subjects 

16 CFR Part 1508 

Consumer protection, Cribs and 

bassinets, Infants and children, 

Reporting and recordkeeping 

requirements. 

16 CFR Part 1509 

Consumer protection, Cribs and 

bassinets, Infants and children, 

Reporting and recordkeeping 

requirements. 

■ For the reasons stated above, and 

under the authority of section 3 of the 

CPSIA and 5 U.S.C. 553, the Consumer 

Product Safety Commission removes 16 

CFR parts 1508 and 1509 entirely. 

PART 1508—[REMOVED] 

■ 1. Under authority of section 3 of the 

CPSIA, part 1508 is removed. 

PART 1509—[REMOVED] 

■ 2. Under authority of section 3 of the 

CPSIA, part 1509 is removed. 

Dated: December 17, 2010. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2010–32179 Filed 12–27–10; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. CPSC–2009–0064] 

16 CFR Parts 1219 and 1220 

Third Party Testing for Certain 

Children’s Products; Full-Size Baby 

Cribs and Non-Full-Size Baby Cribs: 

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 specific 

CPSC regulations relating to full-size 

and non-full-size baby cribs. 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 parts 

1219 and/or 1220 are effective 

December 28, 2010. 

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: 

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). 

This notice provides the criteria and 

process for Commission acceptance of 

accreditation of third party conformity 

assessment bodies for testing pursuant 

to safety standards for full-size and nonfull-size baby cribs, which appears 

elsewhere in this issue of the Federal 

Register. The standards for full-size and 

non-full-size baby cribs will be codified 

at 16 CFR parts 1219 and 1220 

respectively. The standards contain the 

test methods that conformity assessment 

bodies will use to assess full-size and 

non-full-size baby cribs. The 

Commission is recognizing limited 

circumstances in which it will accept 

certifications based on product testing 

conducted before the full-size and nonfull-size baby crib standards become 

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 test methods 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 


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81790 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 

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 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 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 

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. 

In the Federal Register of October 22, 

2008 (73 FR 62965), the Commission 

published a notice of requirements for 

the accreditation of third party 

conformity assessment bodies to test 

children’s products for conformity with 

the then-existing CPSC regulations for 

full-size baby cribs at 16 CFR part 1508 

and for non-full-size baby cribs at 16 

CFR part 1509. Elsewhere in this issue 

of the Federal Register, the Commission 

is revoking 16 CFR parts 1508 and 1509, 

so testing to those regulations will no 

longer be required. The revocation of 

those regulations will become effective 

on June 28, 2011, and so, on that date, 

we will no longer accept applications 

from third party conformity assessment 

bodies for CPSC acceptance to test for 

conformity with 16 CFR parts 1508 

and/or 1509. 

As stated in part I of this document, 

the Commission, elsewhere in this issue 

of the Federal Register, is issuing new 

standards for full-size and non-full-size 

baby cribs that will be codified at 16 

CFR parts 1219 and 1220, respectively. 

This notice of requirements is effective 

on December 28, 2010. The final rule 

announcing the Safety Standards for 

Full-Size Baby Cribs and Non-Full-Size 

Baby Cribs is effective on June 28, 2011. 

The effect of these twin publications is 

that each manufacturer (including the 

importer) or private labeler of a product 

subject to 16 CFR parts 1219 or 1220 

must have any such product 

manufactured on or after June 28, 2011, 

tested by a third party conformity 

assessment body accredited to do so and 

must issue a certificate of compliance 

with 16 CFR parts 1219 or 1220 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 full-size and/or non-full-size 

baby cribs included in 16 CFR parts 

1219 and/or 1220, Safety Standards for 

Full-Size Baby Cribs and Non-Full-Size 

Baby Cribs. 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 full-size 

and/or non-full-size baby cribs 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 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 

influence over the third party 


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Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81791 

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. 

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. 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 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 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 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 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 

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. 

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. Acceptance of Children’s Product 

Certifications Based on Third Party 

Conformity Assessment Body Testing to 

the New Safety Standards for Full-Size 

and Non-Full-Size Baby Cribs Prior to 

Their Effective Date 

Elsewhere in this issue of the Federal 

Register, the Commission is publishing 

new safety standards for full-size and 

non-full-size baby cribs, which will be 

codified at 16 CFR parts 1219 and 1220, 

respectively. 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 parts 1219 or 1220 

must have any such product 

manufactured on or after June 28, 2011 

tested by a third party conformity 

assessment body accredited to do so and 

must issue a certificate of compliance 

with 16 CFR parts 1219 or 1220 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 parts 1219 and 1220, the 

Commission will accept certifications 

based on testing that occurred prior to 

the effective date of the new standards 

in certain prescribed circumstances. 

However, any such testing must 

comport with all CPSC requirements, 

including: 

1. At the time of product testing, the 

product 1 was tested by a third party 

conformity assessment body that was 

ISO/IEC 17025 accredited by an ILAC– 

MRA accreditation body 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 

product was tested, even if the order did 

not include the test methods specified 

in this notice. If the third party 


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81792 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 

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 June 28, 2011, 

as established by the Commission; 

3. The test results show compliance 

with 16 CFR part 1219 or 16 CFR part 

1220; 

4. The product was tested on or after 

July 23, 2010 and before June 28, 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 products’ 

respective regulations. 

Dated: December 17, 2010. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2010–32180 Filed 12–27–10; 8:45 am] 

BILLING CODE 6355–01–P 


emcdonald on DSK2BSOYB1PROD with RULES2