22608 Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / Rules and Regulations 

1The Commission voted 4–0–1 to publish this 

revision to the notice of requirements for clothing 

textiles. Commissioners Nancy A. Nord and Anne 

M. Northup each issued a statement, and the 

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

statements.html. 

may apply a geographic preference 

when procuring unprocessed locally 

grown or locally raised agricultural 

products. When utilizing the geographic 

preference to procure such products, the 

institution making the purchase has the 

discretion to determine the local area to 

which the geographic preference option 

will be applied; 

(2) For the purpose of applying the 

optional geographic preference in 

paragraph (n)(1) of this section, 

‘‘unprocessed locally grown or locally 

raised agricultural products’’ means only 

those agricultural products that retain 

their inherent character. The effects of 

the following food handling and 

preservation techniques shall not be 

considered as changing an agricultural 

product into a product of a different 

kind or character: Cooling; refrigerating; 

freezing; size adjustment made by 

peeling, slicing, dicing, cutting, 

chopping, shucking, and grinding; 

forming ground products into patties 

without any additives or fillers; drying/ 

dehydration; washing; packaging (such 

as placing eggs in cartons), vacuum 

packing and bagging (such as placing 

vegetables in bags or combining two or 

more types of vegetables or fruits in a 

single package); addition of ascorbic 

acid or other preservatives to prevent 

oxidation of produce; butchering 

livestock and poultry; cleaning fish; and 

the pasteurization of milk. 

Dated: April 18, 2011. 

Audrey Rowe, 

Administrator, Food and Nutrition Service. 

[FR Doc. 2011–9843 Filed 4–21–11; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

Rural Business-Cooperative Service 

7 CFR Part 4280 

Notice of a Public Meeting on the Rural 

Energy for America Program 

AGENCY: Rural Business-Cooperative 

Service, USDA. 

ACTION: Notice of public meeting. 

SUMMARY: The Rural BusinessCooperative Service (RBS) will hold two 

informational Webinars for the Rural 

Energy for America Program (REAP) 

associated with the recently published 

REAP interim rule and Notice of Funds 

Availability (NOFA). Participation will 

be limited for each Webinar to the first 

two hundred registrants. 

DATES: The Webinars will be held on 

Friday, April 29, 2011, and on Monday, 

May 2, 2011, from 2 p.m. to 4 p.m. EDT 

both days. You must register, as 

described in the ADDRESSES section, by 

noon EDT April 27, 2011, for the April 

29, 2011, Webinar and by noon EDT 

April 28, 2011, for the May 2, 2011, 

Webinar. 

ADDRESSES: To participate in one of the 

Webinars, you must register for one of 

the Webinars by sending an e-mail to: 

energydivision@wdc.usda.gov. You must 

include in the SUBJECT line the date of 

the Webinar for which you wish to 

participate, and in the body of the 

e-mail, please provide the participant’s 

name, e-mail address, mailing address, 

and telephone number. You must 

submit your e-mail by the applicable 

deadline listed in the DATES section of 

this notice. 

FOR FURTHER INFORMATION CONTACT: 

Donnetta Rigney, Rural BusinessCooperative Service, U.S. Department of 

Agriculture, Stop 3225, 1400 

Independence Avenue, SW., 

Washington, DC 20250–3221, 

Telephone: (202) 720–9812. 

SUPPLEMENTARY INFORMATION: The REAP 

interim rule and the NOFA were 

published in the Federal Register on 

April 14, 2011. In order to familarize the 

public with the content of the REAP 

interim rule, representatives of the 

Department of Agriculture are 

conducting the two Webinars. The 

purpose of these Webinars is to provide 

information on the interim rule for the 

Rural Energy for America Program, 

focusing on the provisions associated 

with flexible fuel pumps and other 

significant changes being implemented 

through the interim rule. Participants 

will be afforded the opportunity to ask 

questions on the material included in 

the presentation. 

Please note that formal comments on 

the interim rule will not be accepted 

during the Webinar. Instead, the public 

has an opportunity to comment formally 

on the interim rule as provided in the 

interim rule published in the Federal 

Register on April 14, 2011 (76 FR 

21110). 

All prospective registrants will be 

notified by the Agency via e-mail if they 

are or are not among the first two 

hundred registrants for one of the two 

Webinars. 

Participants are responsible for 

ensuring their systems are compatible 

with the Webinar software. 

Dated: April 18, 2011. 

Judith A. Canales, 

Administrator, Rural Business-Cooperative 

Service. 

[FR Doc. 2011–9725 Filed 4–21–11; 8:45 am] 

BILLING CODE 3410–XY–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1610 

[CPSC Docket No. CPSC–2010–0086] 

Third Party Testing for Certain 

Children’s Products; Clothing Textiles: 

Revisions to Terms of Acceptance of 

Children’s Product Certifications 

Based on Third Party Conformity 

Assessment Body Testing Prior to 

Commission’s Acceptance of 

Accreditation 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of requirements; revision 

of retrospective testing terms. 

SUMMARY: The U.S. Consumer Product 

Safety Commission (‘‘CPSC,’’ 

‘‘Commission,’’ or ‘‘we’’) issues this 

notice amending the terms under which 

it will accept certifications for 

children’s products based on third party 

conformity assessment body (laboratory) 

testing to the flammability regulations at 

16 CFR part 1610 that occurred before 

the Commission’s acceptance of the 

accreditation of the third party 

conformity assessment body.1 We are 

taking this action in response to a 

request from certain members of the 

clothing textile industry to reduce 

unnecessary retesting of clothing 

textiles that have been tested already 

and found to be in compliance with 

CPSC regulations. 

DATES: Effective Date: The revision 

announced in this document is effective 

April 22, 2011. 

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, MD 

20814; e-mail: rhowell@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

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 


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Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / Rules and Regulations 22609 

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 

a children’s product safety rule must 

have products that are manufactured 

more than 90 days after the Commission 

has established and published 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 

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). 

In the Federal Register of August 18, 

2010 (75 FR 51016), we published a 

notice of requirements providing 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 minimum 

standards for flammability of clothing 

textiles under the Flammable Fabrics 

Act (15 U.S.C. 1191 et seq.) (FFA). The 

notice of requirements stated that its 

publication had the effect of lifting the 

stay of enforcement with regard to 

testing and certification of children’s 

products under 16 CFR part 1610. This 

meant that each manufacturer of 

clothing textiles that are children’s 

products 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 based on that testing (75 FR 

at 51018). 

We addressed testing performed by a 

third party conformity assessment body 

prior to the Commission’s acceptance of 

its accreditation, or ‘‘retrospective’’ 

testing, in section IV of the notice of 

requirements. We stated that we would 

accept a certificate of compliance with 

the standard included in 16 CFR part 

1610 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: 

• 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 16 CFR 

part 1610 is accepted by the CPSC on or 

before October 18, 2010; 

• The product was tested under 16 

CFR part 1610 on or after August 18, 

2010; 

• The accreditation scope in effect for 

the third party conformity assessment 

body at the time of testing expressly 

included testing to 16 CFR part 1610; 

• 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 of 16 

CFR part 1610, remains in effect through 

the effective date for mandatory third 

party testing and manufacturer 

certification for conformity with 16 CFR 

part 1610. 

75 FR at 51019 through 51020. 

II. Requests for Revision 

On December 2, 2010, the American 

Apparel and Footwear Association 

(AAFA) submitted a letter to the 

Commission requesting that we ‘‘extend 

the testing and certification date by an 

additional 60 days,’’ and that we amend 

section IV of the notice of requirements 

‘‘to accept third party tests done on or 

after August 18, 2009 by testing 

facilities accredited on or before 

November 16, 2010.’’ (The AAFA letter 

may be viewed at http:// 

www.regulations.gov in the docket 

folder for docket number CPSC–2010– 

0086.) 

The AAFA based its request for an 

extension of the testing and certification 

date on our authority in section 

102(a)(3)(F) of the CPSIA, which states: 

If the Commission determines that an 

insufficient number of third party conformity 

assessment bodies have been accredited to 

permit certification for a children’s product 

safety rule under the accelerated schedule 

required by this paragraph, the Commission 

may extend the deadline for certification to 

such rule by not more than 60 days. 

15 U.S.C. 2063(a)(3)(F). The AAFA 

contended that there is an insufficient 

number of CPSC-accepted third party 

laboratories accredited to 16 CFR part 

1610. It presented three arguments in 

support of this contention. First, it 

argued that although there were 67 

CPSC-accepted laboratories accredited 

to test to 16 CFR part 1610 as of 

November 16, 2010, those laboratories 

were not geographically distributed in 

such a way as to meet industry needs. 

Second, it stated a concern that many 

apparel manufacturers are not aware of 

their obligation to use CPSC-accepted 

laboratories. Third, the AAFA also 

asserted that many companies were 

unaware that the stay of enforcement on 

the testing and certification 

requirements for children’s apparel had 

been lifted. 

The AAFA stated that limiting 

acceptable retrospective tests to those 

conducted since August 18, 2010, 

would ‘‘further back up testing facilities 

and be an unnecessary burden on 

business * * * [and would] put at a 

disadvantage those companies who had 

taken the proactive step to engage in 

third party testing’’ prior to August 18, 

2010. It noted that many textiles are 

tested before they are manufactured into 

garments and explained that in some 

cases, the time that elapses between 

when a textile has been tested and when 

the garment is produced can be ‘‘several 

months or even years.’’ In addition, the 

AAFA stated that limiting retrospective 

tests to those conducted since August 

18, 2010, ‘‘unnecessarily adversely 

affects the continuing guarantees * * * 

issued * * * pursuant to Section 8 of 

the FFA.’’ Section 8 of the FFA provides 

that a 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). A continuing guaranty is 

a notarized declaration filed with the 

Commission in which the manufacturer 

avers that it has conducted the requisite 

reasonable and representative product 

testing and that the testing shows that 

the product conforms to 16 CFR part 


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22610 Federal Register / Vol. 76, No. 78 / Friday, April 22, 2011 / Rules and Regulations 

1610. A continuing guaranty remains 

valid for three years (and at such other 

times as any change occurs in the legal 

business status of the person filing the 

guaranty). 

III. The Response to the Requests 

A. Request To Extend the Testing and 

Certification Date by an Additional 60 

Days 

We decline to extend the date by 

which a manufacturer of a children’s 

product subject to 16 CFR part 1610 

must have such product tested by a 

third party conformity assessment body 

accredited to do so and must issue a 

certificate of compliance based on that 

testing. We have the authority to grant 

such a request only if there is 

insufficient laboratory capacity. The 

existence of 67 CPSC-accepted labs 

accredited to test to 16 CFR part 1610 

as of November 16, 2010, belies the 

claim of insufficient laboratory capacity, 

even if the laboratories are not 

distributed geographically as the AAFA 

would prefer. 

We also disagree with the AAFA’s 

assertion, as another basis for an 

extension, that some manufacturers are 

not fully aware that children’s product 

certifications must be based on testing 

conducted by CPSC-accepted third party 

laboratories, and that many companies 

are unaware that the stay of enforcement 

on the testing and certification 

requirements had been lifted for 

children’s apparel. The CPSIA became 

law in August 2008, and we published 

the notice of requirements pertaining to 

16 CFR part 1610 in the Federal 

Register on August 18, 2010. The 

statute’s existence, as well as the 

publication of the notice of 

requirements for 16 CFR part 1610, 

provided notice of these manufacturers’ 

legal obligations. Additionally, the 

Commission encourages the apparel and 

textile trade associations to educate the 

industry on their obligations under the 

CPSIA and FFA. 

Finally, we note that section 

14(a)(3)(E) of the CPSA authorizes the 

Commission to extend the deadline for 

certification ‘‘by not more than 60 days.’’ 

Such a time period is measured from the 

date on which such certification would 

have been required. In this case, the 

certification requirement became 

effective for products manufactured 

after November 16, 2010; therefore, a 60- 

day extension, had it been granted, 

would have expired in mid-January 

2011. Thus, the AAFA’s request for an 

extension is moot. 

B. Request To Accept, for Children’s 

Product Certification Purposes, Tests 

Pursuant to 16 CFR Part 1610 

Conducted by Accredited Third Party 

Laboratories Since August 18, 2009 

We have considered AAFA’s request 

and, through this notice, are revising 

our position regarding ‘‘Limited 

Acceptance of Children’s Product 

Certifications Based on Third Party 

Conformity Assessment Body Testing 

Prior to the Commission’s Acceptance of 

Accreditation.’’ Due to the nature of the 

wearing apparel industry, there is a 

possible significant time lapse between 

fabric testing and the finished garment. 

This could mean that some products 

that were tested previously by 

laboratories that have since become 

CPSC-accepted, would need to be 

retested. Therefore, we agree that 

revising our position on ‘‘retrospective’’ 

testing is appropriate because it will 

reduce further the potential need for 

redundant testing. We will accept 

children’s product certifications based 

on third party conformity assessment 

body testing, prior to our acceptance of 

accreditation, under the following 

conditions: 

• 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 

accreditation body that is a signatory to 

the ILAC–MRA; 

• The third party conformity 

assessment body’s application for 

testing using the test methods in 16 CFR 

part 1610 is accepted by the CPSC on or 

before November 16, 2010; 

• The product was tested under 16 

CFR part 1610 on or after August 18, 

2009; 

• The accreditation scope in effect for 

the third party conformity assessment 

body at the time of testing expressly 

included testing to 16 CFR part 1610; 

• 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 of 16 

CFR part 1610, remains in effect through 

the effective date for mandatory third 

party testing and manufacturer 

certification for conformity with 16 CFR 

part 1610. 

Dated: April 19, 2011. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2011–9790 Filed 4–21–11; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 522 

[Docket No. FDA–2011–N–0003] 

Implantation or Injectable Dosage 

Form New Animal Drugs; Enrofloxacin 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect 

approval of a supplemental new animal 

drug application (NADA) filed by Bayer 

HealthCare LLC. The supplemental 

NADA provides for the addition of a 

pathogen to the indications for use of 

enrofloxacin solution in cattle, as a 

single injection, for the treatment of 

respiratory disease. 

DATES: This rule is effective April 22, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Cindy L. Burnsteel, Center for 

Veterinary Medicine (HFV–130), Food 

and Drug Administration, 7500 Standish 

Pl., Rockville, MD 20855, 240–276– 

8341, e-mail: 

cindy.burnsteel@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Bayer 

HealthCare LLC, Animal Health 

Division, P.O. Box 390, Shawnee 

Mission, KS 66201, filed a supplement 

to NADA 141–068 for BAYTRIL 100 

(enrofloxacin), an injectable solution. 

The supplemental NADA provides for 

the addition of Mycoplasma bovis to the 

pathogens in the indication for use of 

enrofloxacin solution in cattle, as a 

single injection, for the treatment of 

bovine respiratory disease (BRD). The 

supplemental NADA is approved as of 

March 10, 2011, and the regulation in 21 

CFR 522.812 is amended to reflect the 

approval. 

In accordance with the freedom of 

information provisions of 21 CFR part 

20 and § 514.11(e)(2)(ii), a summary of 

safety and effectiveness data and 

information submitted to support 

approval of this application may be seen 

in the Division of Dockets Management 

(HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852, between 9 

a.m. and 4 p.m., Monday through 

Friday. 

Under section 512(c)(2)(F)(iii) of the 

Federal Food, Drug, and Cosmetic Act 

(21 U.S.C. 360b(c)(2)(F)(iii)), this 

supplemental approval qualifies for 3 


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