Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Proposed Rules 28221 

rely on a test report showing passing 

test results for one or more component 

parts used on the product, based on 

testing by a third party conformity 

assessment body. Component part test 

reports must identify each component 

part tested, by part number or other 

specification, and the manufacturer and 

the supplier of the component part (if 

different). 

(c) Component part certificates. As 

part of its basis for certifying that a 

children’s product complies with the 

applicable lead content limit, a finished 

product certifier may rely on a 

certificate from another person 

certifying that a component part 

complies with the lead limit. The 

component part certificate must be 

based on testing by a third party 

conformity assessment body of a sample 

that is identical in all material respects 

to the component parts used in the 

finished product. The certificate 

pertaining to the component part must 

identify all test reports underlying the 

certification consistent with section 14 

of the CPSA. 

(d) Certificates for the finished 

product. The certificate accompanying 

the children’s product must list each 

component part that was tested, by part 

number or other specification, and, for 

each such component part, identify the 

corresponding test report, paint 

certificate, or component part certificate 

on which a certification for the finished 

children’s product is based. 

§ 1109.13 Component part testing for 

phthalates in children’s toys and child care 

articles. 

(a) Generally. A finished product 

certifier may rely on component part 

testing of appropriate component parts 

of a children’s toy or child care article 

for phthalate content if the finished 

product certifier is provided with a copy 

of the original test results obtained from 

the third party conformity assessment 

body or a component part certificate. 

(b) Component part test reports. As 

part of its basis for certification of a 

children’s product to the phthalate 

content limit, a finished product 

certifier may rely on a test report 

showing passing test results for one or 

more component parts used on the 

product, based on testing by a third 

party conformity assessment body. 

Component part test reports must 

identify each component part tested, by 

part number or other specification, and 

the component part’s supplier and, if 

different, the component part’s 

manufacturer. 

(c) Component part certificates. As 

part of its basis for certification of a 

children’s product to the phthalate 

content limit, a finished product 

certifier may rely on a certificate from 

another person certifying that a 

component part complies with the limit. 

The component part certificate must be 

based on testing by a third party 

conformity assessment body of a sample 

that is identical in all material respects 

to the component part used in the 

finished product. The component part 

certificate must identify all test reports 

underlying the certification consistent 

with section 14 of the CPSA. Any 

person who certifies a children’s 

product as complying with the 

phthalate content limits must be able to 

trace each component part of the 

product to the component part’s 

supplier and, if different, the 

component part’s manufacturer. 

(d) Certificates for the finished 

product. The certificate accompanying 

the children’s product must list each 

component part required to be tested by 

part number or other specification and, 

for each such part, must identify the 

corresponding test report from a third 

party conformity assessment body on 

which the product’s certification is 

based. 

§ 1109.14 Composite part testing. 

(a) Paint and other surface coatings. 

In testing paint for compliance with 

chemical content limits, testing parties 

may test a combination of different 

paint samples so long as they follow 

procedures ensuring that no failure to 

comply with the lead limits will go 

undetected (see paragraph (c) of this 

section). Testing and certification of 

composite paints must comply with 

§ 1109.11. 

(b) Component parts. Third party 

conformity assessment bodies may test 

a combination of component parts so 

long as they follow procedures ensuring 

that no failure to comply with the 

content limits will go undetected (see 

paragraph (c) of this section). Testing 

and certification of composite 

component parts for lead content must 

comply with § 1109.12. Testing and 

certification of composite component 

parts for phthalate content must comply 

with § 1109.13. 

(c) How to evaluate composite part 

testing. When using composite part 

testing, only the total amount or 

percentage of the target chemical is 

determined, not how much was in each 

individual paint or component part. 

Therefore, to determine that each paint 

or component part is within the 

applicable limit, the entire amount of 

the target chemical in the composite is 

attributed to each paint or component 

part. If this method yields an amount of 

the target chemical that exceeds the 

limit applicable to any paint or 

component part in the composite 

sample, additional testing would be 

required to determine which of the 

paints or component parts, if any, fail to 

meet the applicable limit. 

Dated: May 7, 2010. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2010–11370 Filed 5–19–10; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF JUSTICE 

Parole Commission 

28 CFR Part 2 

Paroling, Recommitting, and 

Supervising Federal Prisoners: 

Prisoners Serving Sentences Under 

the United States and District of 

Columbia Codes 

AGENCY: United States Parole 

Commission, Justice. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Parole Commission 

proposes to amend a rule that 

implements its authority under the 

District of Columbia Youth 

Rehabilitation Act to set aside a 

conviction for a youth offender. The 

proposed rule specifies the 

Commission’s authority to set aside a 

youth offender’s misdemeanor 

conviction and describes the 

information the Commission examines 

in making such a determination, given 

that the misdemeanant only served a jail 

term for the offense without subsequent 

community supervision on parole or 

supervised release. In addition, the rule 

clarifies the Commission’s policy for 

issuing a set-aside certificate for a youth 

offender who was formerly on 

supervised release and who was not 

reviewed for the set-aside certificate 

before the offender’s sentence expired. 

The proposed rule adopts the 

Commission’s established criteria for 

conducting set-aside reviews when a 

youth offender’s parole term ends before 

such a review has been held. 

DATES: Comments must be received by 

June 30, 2010. 

ADDRESSES: Submit your comments, 

identified by docket identification 

number USPC–2010–02 by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

2. Mail: Office of the General Counsel, 

U.S. Parole Commission, 5550 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
28222 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Proposed Rules 

Friendship Blvd., Chevy Chase, 

Maryland 20815. 

3. Fax: (301) 492–5563. 

FOR FURTHER INFORMATION CONTACT: 

Rockne Chickinell, Office of General 

Counsel, U. S. Parole Commission, 5550 

Friendship Blvd., Chevy Chase, 

Maryland 20815, telephone (301) 492– 

5959. Questions about this publication 

are welcome, but inquiries concerning 

individual cases cannot be answered 

over the telephone. 

SUPPLEMENTARY INFORMATION: The 

District of Columbia Youth 

Rehabilitation Act authorizes the Parole 

Commission to set aside a conviction for 

a deserving youth offender who has 

been committed under the Act. DC Code 

24–906. The sentencing judge exercises 

similar authority for a youth offender if 

the judge sentenced the offender to 

probation. DC Code 24–906(e). 

Normally, the Commission reviews a 

youth offender’s case for issuance of a 

set-aside certificate after the offender 

has served a period of community 

supervision on parole or supervised 

release following discharge from the 

commitment portion of the sentence. DC 

Code 24–906(a), (c), and (d) require the 

issuance of a set-aside certificate if the 

Commission terminates parole 

supervision or supervised release before 

the expiration of the committed youth 

offender’s sentence. Under 24–906(b), 

the Commission also has the authority 

to exercise its discretion to set aside a 

committed youth offender’s conviction 

if the youth offender’s sentence expires 

before the unconditional discharge of 

the offender. This situation will 

normally arise when: (1) A youth 

offender’s jail term for a misdemeanor 

conviction expires and the offender is 

discharged from the custody of the DC 

Department of Corrections without 

further supervision in the community; 

or (2) a youth offender is 

unconditionally discharged from parole 

supervision or supervised release and 

the Commission somehow did not 

review the case for early termination 

from supervision. 

The Commission’s rules presently do 

not address the agency’s authority to 

grant a set-aside certificate to a youth 

offender who was sentenced only to a 

jail term for a misdemeanor offense, or 

a youth offender formerly on supervised 

release who was not reviewed for early 

termination from supervision before the 

supervised release term expired. See 28 

CFR 2.106 and 2.208. The Commission 

has been carrying out its statutory 

authority to consider these offenders for 

set-aside certificates even in the absence 

of a regulation on this function. Given 

the gap in its rules on issuing set-aside 

certificates for youth misdemeanants 

who have not been on parole or 

supervised release, the Commission is 

proposing a revision of paragraph (a) in 

28 CFR 2.208 to include a brief 

statement of the Commission’s authority 

to issue a set-aside certificate after the 

youth offender’s sentence expires and 

the information the Commission would 

consider in granting or denying the setaside certificate. For former supervised 

releasees, the new rule proposes a crossreference to § 2.106(f)(3), which 

describes the Commission’s criteria for 

issuing a set-aside certificate nunc pro 

tunc for a youth offender who was on 

parole supervision and who was not 

reviewed for early termination from 

supervision (and the possible issuance 

of the set-aside certificate) before the 

expiration of the sentence. 

Executive Order 12866 

The U.S. Parole Commission has 

determined that this proposed rule does 

not constitute a significant rule within 

the meaning of Executive Order 12866. 

Executive Order 13132 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Under Executive 

Order 13132, this rule does not have 

sufficient federalism implications 

requiring a Federalism Assessment. 

Regulatory Flexibility Act 

The proposed rule will not have a 

significant economic impact upon a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 605(b). 

Unfunded Mandates Reform Act of 

1995 

The rule will not cause State, local, or 

tribal governments, or the private sector, 

to spend $100,000,000 or more in any 

one year, and it will not significantly or 

uniquely affect small governments. No 

action under the Unfunded Mandates 

Reform Act of 1995 is necessary. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (Subtitle E— 

Congressional Review Act) 

This rule is not a ‘‘major rule’’ as 

defined by Section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 Subtitle E— 

Congressional Review Act), now 

codified at 5 U.S.C. 804(2). The rule will 

not result in an annual effect on the 

economy of $100,000,000 or more; a 

major increase in costs or prices; or 

significant adverse effects on the ability 

of United States-based companies to 

compete with foreign-based companies. 

Moreover, this is a rule of agency 

practice or procedure that does not 

substantially affect the rights or 

obligations of non-agency parties, and 

does not come within the meaning of 

the term ‘‘rule’’ as used in Section 

804(3)(C), now codified at 5 U.S.C. 

804(3)(C). Therefore, the reporting 

requirement of 5 U.S.C. 801 does not 

apply. 

List of Subjects in 28 CFR Part 2 

Administrative practice and 

procedure, Prisoners, Probation and 

parole. 

The Proposed Rule 

Accordingly, the U.S. Parole 

Commission is proposing the following 

amendment to 28 CFR part 2. 

PART 2—[AMENDED] 

1. The authority citation for 28 CFR 

part 2 continues to read as follows: 

Authority: 18 U.S.C. 4203(a)(1) and 

4204(a)(6). 

2. Revise § 2.208(a)(2) to read as 

follows: 

§ 2.208 Termination of a term of 

supervised release. 

(a) * * * 

(2) Upon terminating supervision of a 

committed youth offender before the 

sentence expires, the Commission shall 

set aside the offender’s conviction and 

issue a certificate setting aside the 

conviction instead of a certificate of 

discharge. The Commission may issue a 

set-aside certificate nunc pro tunc for a 

youth offender previously under 

supervised release on the sentence and 

who was not considered for early 

termination from supervision, using the 

criteria stated at § 2.106(f)(3). If the 

youth offender was sentenced only to a 

term of incarceration without any 

supervision to follow release, the 

Commission may issue a set-aside 

certificate after the expiration of the 

sentence. In such cases, the Commission 

shall determine whether to grant the setaside certificate after considering factors 

such as the offender’s crime, criminal 

history, social and employment history, 

record of institutional conduct, efforts at 

rehabilitation, and any other relevant 

and available information. 

* * * * * 

Dated: May 11, 2010. 

Isaac Fulwood, 

Chairman, U.S. Parole Commission. 

[FR Doc. 2010–12023 Filed 5–19–10; 8:45 am] 

BILLING CODE 4410–31–P 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1