68588 Federal Register / Vol. 74, No. 247 / Monday, December 28, 2009 / Notices 

1The Commission voted 5–0 to publish this 

notice, with changes, in the Federal Register. 

Chairman Inez M. Tenenbaum and 

Commissioners Thomas H. Moore, Nancy Nord, 

Robert Adler and Anne Northup issued statements, 

and their statements can be found at http:// 

www.cpsc.gov. 

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

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. E9–30850 Filed 12–23–09; 4:15 pm] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

AGENCY HOLDING THE MEETING: 

Commodity Futures Trading 

Commission. 

TIME AND DATE: 11 a.m., Friday, January 

8, 2010. 

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

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. E9–30851 Filed 12–23–09; 4:15 pm] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

AGENCY HOLDING THE MEETING: 

Commodity Futures Trading 

Commission. 

TIME AND DATE: 2 p.m., Wednesday 

January 20, 2010. 

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

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: 

Enforcement Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. E9–30848 Filed 12–23–09; 4:15 pm] 

BILLING CODE 6351–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Consumer Product Safety Act: Notice 

of Commission Action on the Stay of 

Enforcement of Testing and 

Certification Requirements 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Revision of terms of stay of 

enforcement. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘CPSC’’ or ‘‘Commission’’) 

is announcing its decision to revise the 

terms of its stay of enforcement of 

certain testing and 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’’).1 On February 9, 

2009, the Commission announced a stay 

of enforcement that would remain in 

effect until February 10, 2010, at which 

time the Commission would vote to 

terminate the stay. Through this notice, 

the Commission announces changes to 

the stay including when the stay will lift 

as to certain testing and certification 

requirements and how the testing and 

certification requirements will be 

implemented or otherwise become 

effective with regard to specific 

products subject to the testing and 

certification requirements of the CPSIA. 

DATES: Pursuant to this revision of 

terms, the stay of enforcement, as it 

pertains to most products, expires on 

February 10, 2010. Details regarding the 

stay of enforcement relative to specific 

products and other dates can be found 

in part II of this document. 

FOR FURTHER INFORMATION CONTACT: John 

‘‘Gib’’ Mullan, Assistant Executive 

Director for Compliance and Field 

Operations, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, Maryland 20814; email jmullan@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. What Statutory Requirements are at 

Issue? 

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 

section 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), (a)(2), and 

(a)(3) 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 CPSCrecognized third party conformity 

assessment body accredited under 

section 14(a)(3) of the CPSA 

(‘‘recognized third party test 

laboratory’’). The recognized third party 

test 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 issue a certificate that 

certifies that the children’s product 

complies with the children’s product 

safety rule based on the assessment of 

a recognized third party laboratory 

accredited to conduct such tests. 

Section 14(a)(3) of the CPSA 

establishes a schedule for implementing 

third party testing and includes a time 

line 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 


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