Federal Register / Vol. 75, No. 139 / Wednesday, July 21, 2010 / Rules and Regulations 42315 

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. 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Parts 1630 and 1631 

[CPSC Docket No. CPSC–2010–0078] 

Third Party Testing for Certain 

Children’s Products; Carpets and 

Rugs: 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 relating to carpets and rugs. 

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 1630 and/ 

or 1631 are effective upon publication of 

this document in the Federal Register.1

Comments in response to this notice 

of requirements should be submitted by 

August 20, 2010. Comments on this 

notice should be captioned ‘‘Third Party 

Testing for Certain Children’s Products; 

Carpets and Rugs: Requirements for 

Accreditation of Third Party Conformity 

Assessment Bodies.’’ 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2010– 

0078 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 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). 

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 the following regulations: 

• 16 CFR part 1630, Standard for the 

Surface Flammability of Carpets and 

Rugs (FF 1–70). 

• 16 CFR part 1631, Standard for the 

Surface Flammability of Small Carpets 

and Rugs (FF 2–70). 

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 most carpets and rugs are 

general use products because they are 

produced for general consumption 

rather than being produced specifically 

for use by children, some carpets and 

rugs are ‘‘designed or intended primarily 

for children 12 years of age or younger.’’ 

(For convenience, we will refer to 

carpets and rugs designed or intended 

primarily for children 12 years of age or 

younger as ‘‘youth carpets and rugs.’’) 

Youth carpets and rugs 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 youth carpets and rugs for 

conformity with 16 CFR parts 1630 and/ 

or 1631. 

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’’ 


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42316 Federal Register / Vol. 75, No. 139 / Wednesday, July 21, 2010 / Rules and Regulations 

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 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 carpets and 

rugs. 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 

carpets and rugs 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 carpets and rugs was 

the absence of a notice of requirements, 

publication of this notice has the effect 

of lifting the stay with regard to 16 CFR 

parts 1630 and/or 1631. 

The Commission noted in the 

December 28, 2009, notice that the stay 

of enforcement did not extend to 

guaranties under the Flammable Fabrics 

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

manufacturer or supplier of a carpet or 

rug may issue a guaranty, based on 

reasonable and representative tests, that 

the carpet or rug 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 sufficient for 

the issuance of an FFA guaranty which 

are performed by a manufacturer are not 

sufficient for the issuance of a 

certification of compliance with 16 CFR 

part 1630 and/or part 1631 for youth 

carpets and rugs (unless the 

manufacturer’s facility is a CPSCaccredited firewalled conformity 

assessment body). 

This notice of requirements is 

effective on July 21, 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 parts 

1630 and/or 1631, each manufacturer 

(including the importer) or private 

labeler of a children’s product subject to 

16 CFR parts 1630 and/or 1631 must 

have any such product manufactured 

after October 19, 2010 tested by a third 

party conformity assessment body 

accredited to do so and must issue a 

certificate of compliance with 16 CFR 

parts 1630 and/or 1631 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 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 1630, 

Standard for the Surface Flammability 

of Carpets and Rugs (FF 1–70), and/or 

16 CFR part 1631, Standard for the 

Surface Flammability of Small Carpets 

and Rugs (FF 2–70). 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 


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Federal Register / Vol. 75, No. 139 / Wednesday, July 21, 2010 / Rules and Regulations 42317 

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 

certification by the manufacturer or 

private labeler of compliance 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 

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 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 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, 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 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 

standards for carpets and rugs included 

in 16 CFR part 1630, Standard for the 

Surface Flammability of Carpets and 

Rugs (FF 1–70), and/or 16 CFR part 

1631, Standard for the Surface 

Flammability of Small Carpets and Rugs 

(FF 2–70), 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– 


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42318 Federal Register / Vol. 75, No. 139 / Wednesday, July 21, 2010 / Rules and Regulations 

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 

September 20, 2010; 

• The product was tested on or after 

July 21, 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 

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/private labeler 

certification for conformity with 16 CFR 

parts 1630 and/or 1631. 

Dated: July 15, 2010. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2010–17724 Filed 7–20–10; 8:45 am] 

BILLING CODE 6355–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0692; FRL–8830–6] 

Poly(oxy-1,2-ethanediyl), α-isotridecylw-methoxy; Exemption from the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of poly(oxy-1,2- 

ethanediyl), a-isotridecyl-w-methoxy 

(CAS Reg. No. 345642–79–7) when used 

as an inert ingredient (surfactant) at a 

maximum concentration of 10% in 

pesticide formulations under 40 CFR 

180.920 on growing crops only. Bayer 

CropScience submitted a petition to 

EPA under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting 

establishment of an exemption from the 

requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of poly(oxy-1,2-ethanediyl), 

a-isotridecyl-w-methoxy. 

DATES: This regulation is effective July 

21, 2010. Objections and requests for 

hearings must be received on or before 

September 20, 2010, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2009–0692. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Deirdre Sunderland, Registration 

Division (7505P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 603–0851; e-mail address: 

sunderland.deirdre@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Get Electronic Access to 

Other Related Information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR cite at http:// 

www.gpoaccess.gov/ecfr. To access the 

OPPTS Harmonized Test Guidelines 

referenced in this document 

electronically, please go to http:// 

www.epa.gov/oppts and select ‘‘Test 

Methods and Guidelines.’’ 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. The EPA procedural 

regulations which govern the 

submission of objections and requests 

for hearings appear in 40 CFR part 178. 

You must file your objection or request 

a hearing on this regulation in 

accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2009–0692 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before September 20, 2010. Addresses 

for mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 


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