[Federal Register Volume 74, Number 247 (Monday, December 28, 2009)]
[Notices]
[Pages 68596-68597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30486]


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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No.CPSC-2009-0108]


Petition Requesting Component Part Testing for Spray Sampling, 
Multiple Stamping and Finished Component Part Testing

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

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SUMMARY: The Consumer Product Safety Commission (Commission or CPSC) 
has received a petition requesting an amendment of the Commission's 
regulations at 16 CFR 1303 to authorize test procedures for ``spray 
sampling,'' ``multiple stamping'' and ``finished component testing'' 
and adopt an interpretative rule that clarifies that test procedures 
for ``spray sampling,'' ``multiple stamping,'' and ``finished component 
testing'' under the Consumer Product Safety Act (CPSA), 15 U.S.C. 2051 
et seq. The Commission solicits written comments concerning the 
petition.

DATES: The Office of the Secretary must receive comments on the 
petition by February 26, 2010.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2009-
0108, by any of the following methods:
    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.
    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, 
Consumer Product Safety Commission, Room 502, 4330 East West Highway, 
Bethesda, MD 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, including any personal identifiers, contact 
information, or other personal information provided, to http://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
electronically. 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: Rocky Hammond, Office of the 
Secretary, Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, Maryland, 20814; telephone (301) 504-6833, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: Intertek Consumer Goods NA and the American 
Apparel & Footwear Association (petitioners) submitted a petition 
stating that section 14(a) of the CPSA, as amended by section 102(a) of 
the Consumer Product Safety Improvement Act (CPSIA), 15 U.S.C. 2063(a), 
requires that samples submitted for testing be ``identical in all 
material respects to the product.'' Petitioners assert that only 
completely assembled final products may be used for testing to support 
required third party testing and certification under the CPSIA, 
including the lead paint standard. Petitioners state that as a result 
of the final product testing for lead in paint, many samples must be 
destroyed--sometimes several hundred--to obtain a sufficient sample 
size. The petitioners assert that although composite testing of 
different paints is now allowed under certain conditions, there are 
numerous situations where there is only one small-area color on a 
product to test, or where even composite testing of up to three unlike 
paints, still requires the destruction of many product samples. To 
address these issues, petitioners request the use of alternative test 
procedures through amendment under the Commission's regulations at 16 
CFR 1303 and through an interpretative rule under section 14(a) of the 
CPSA. Through spray sampling, multiple stamping, and finished component 
testing, petitioners assert that only one or a few samples or 
components would need to be destroyed, thus avoiding the unnecessary 
destruction of the final products themselves, without any reduction in 
the validity or reliability of the tests themselves.
    Interested parties may obtain a copy of the petition by writing or 
calling the Office of the Secretary, Consumer Product Safety 
Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 
504-6833. The petition

[[Page 68597]]

is also available on the CPSC Web site at http://www.cpsc.gov.

    Dated: December 17, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E9-30486 Filed 12-24-09; 8:45 am]
BILLING CODE 6355-01-P