[Federal Register Volume 76, Number 149 (Wednesday, August 3, 2011)]
[Rules and Regulations]
[Pages 46598-46603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18962]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Chapter II
[CPSC Docket No. CPSC-2011-0050]
Third Party Testing for Certain Children's Products; Toys:
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,''
``Commission,'' or ``we'') 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 ASTM International's (formerly the American Society for
Testing and Materials) (``ASTM'') Standard Consumer Safety
Specification for Toy Safety, F 963-08 (``ASTM F 963-08''), and section
4.27 (toy chests) from ASTM International's F 963-07[egr]1 version of
the standard (``ASTM F 963-07[egr]1''), which are the consumer product
safety standards for toys, pursuant to section 106 of the Consumer
Product Safety Improvement Act of 2008 (CPSIA), Public Law 110-314. The
Commission is issuing this notice of requirements pursuant to section
14(a)(3)(B)(vi) of the Consumer Product Safety Act (CPSA).
DATES: Effective Date: The requirements for accreditation of third
party conformity assessment bodies to assess conformity with ASTM F
963-08 and/or section 4.27 of ASTM F 963-07[egr]1 are effective August
3, 2011.\1\
---------------------------------------------------------------------------
\1\ The Commission voted 5-0 to publish this notice of
requirements. Chairman Inez M. Tenenbaum, Commissioner Nancy A.
Nord, and Commissioner Robert S. Adler each issued a statement, and
the statements can be found at http://www.cpsc.gov/pr/statements.html.
---------------------------------------------------------------------------
Comments in response to this notice of requirements should be
submitted by September 2, 2011. Comments on this notice should be
captioned ``Third party Testing for Certain Children's Products; Toys:
Requirements for Accreditation of
[[Page 46599]]
---------------------------------------------------------------------------
Third party Conformity Assessment Bodies.''
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2011-
0050, 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
ways: 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 820, 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 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: Richard McCallion, Team Leader for the
Mechanical, Recreation, and Sports Program Area, U.S. Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814; e-
mail [email protected]. CPSC intends to issue a Federal Register
notice providing information about its proposed education and outreach
plan for stakeholders directly affected by the Notice of Requirements
for Third Party Testing for Certain Children's Products. The Federal
Register notice will also request public comment and input. Many of the
informative materials for stakeholders will be available at a dedicated
toy safety standard webpage: http://www.cpsc.gov/toysafety.
SUPPLEMENTARY INFORMATION:
I. Introduction
Section 14(a)(3)(B)(vi) of the CPSA, as added by section 102(a)(2)
of the CPSIA, 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).
This notice provides the criteria and process for Commission
acceptance of accreditation of third party conformity assessment bodies
for testing toys, pursuant to ASTM F 963-08, and for testing toy
chests, pursuant to section 4.27 of ASTM F 963-07[egr]1. ASTM F 963-08
and section 4.27 of ASTM F 963-07[egr]1 are voluntary standards, but
under section 106(a) of the CPSIA, they have become mandatory federal
requirements, ``except for section 4.2 and Annex 4 [of ASTM F 963], or
any provision that restates or incorporates an existing mandatory
standard or ban promulgated by the Commission or by statute.'' Readers
may obtain a copy of ASTM F 963-08 and/or ASTM F 963-07[egr]1 from ASTM
International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken,
PA, 19428-2959; (610)-832-9500; http://www.astm.org.
Section 106(a) of the CPSIA states that, beginning 180 days after
August 14, 2008--the date the CPSIA was enacted--ASTM F 963-07 shall be
considered a consumer product safety standard issued by the Commission
under section 9 of the CPSA. Under section 106(g) of the CPSIA, when
ASTM proposes to revise ASTM F 963, it must notify the Commission of
the proposed revision. The revised standard will be considered the
consumer product safety standard effective 180 days after the date on
which ASTM notified the Commission of the revision, unless the
Commission objects within the first 90 days of the 180-day period. If
the Commission determines that the proposed revision does not improve
the safety of a consumer product, the Commission can notify ASTM that
the already-existing standard will continue to be considered the
consumer product safety standard.
ASTM proposed F 963-08 as a revised standard in February 2009, and
on May 13, 2009, the Commission voted to accept F 963-08 as the
consumer product safety standard for toys, except the revision omitting
section 4.27 related to toy chests, which the Commission retained from
the previous version of F 963 (ASTM F 963-07[egr]1). Accordingly, ASTM
F 963-08 and section 4.27 of ASTM F 963-07[egr]1 (toy chests) are
considered consumer product safety standards issued by the Commission
under section 9 of the CPSA.
We anticipate the ASTM F963-08 standard is likely to be revised and
updated in the future. Given this possibility, the Commission seeks
comments now on how to make the transition in testing requirements as
clear and efficient as possible should the standard change.
We note that ordinarily, when the Commission bases a mandatory
requirement on a voluntary standard, we incorporate the voluntary
standard by reference, in accordance with the rules of the Office of
the Federal Register. See 1 CFR part 51. However, in this instance,
ASTM F 963 became a consumer product safety standard by operation of
law, rather than by an act of the Commission. See Public Law No. 110-
314 Sec. 106(a), (g). Therefore the Commission does not need to
incorporate ASTM F 963 by reference.
We also note that certain provisions of ASTM F 963-08 and section
4.27 of ASTM F 963-07[egr]1 will not be subject to third party testing
and therefore we will not be accepting accreditations to those excepted
sections. The exceptions are as follows:
Those sections of ASTM F 963-08 that address food and
cosmetics, products traditionally outside the Commission's
jurisdiction.
Those sections of ASTM F 963-08 that pertain to the
manufacturing process and thus, cannot be evaluated meaningfully by a
test of the finished product (e.g., the purified water provision at
section 4.3.6.1).
[[Page 46600]]
Requirements for labeling, instructional literature, or
producer's markings in ASTM F 963-08 or section 4.27 of ASTM F 963-
07[egr]1. We have taken similar positions in other contexts. For
example, the Commission has stated that it will not require testing and
certification to the labeling requirements under the Federal Hazardous
Substances Act, 15 U.S.C. 1261-1278. See 74 FR 68588, 68591 (Dec. 28,
2009) (Notice of Commission Action on the Stay of Enforcement of
Testing and Certification Requirements). We also do not require third
party testing for the labeling requirements for children's sleepwear
under the Flammable Fabrics Act, 15 U.S.C. 1191-1204. See 75 FR 70911,
70913 (Nov. 19, 2010) (Third Party Testing for Certain Children's
Products; Children's Sleepwear, Sizes 0 Through 6X and 7 Through 14:
Requirements for Accreditation of Third Party Conformity Assessment
Bodies).
Those sections of ASTM F 963-08 that involve assessments
that are conducted by the unaided eye and without any sort of tool or
device.
Section 4.3.8 of ASTM F 963-08, pertaining to a specific
phthalate, because section 108 of the CPSIA specifically addresses
phthalates and will be the subject of a separate notice of
requirements.
In sum, the Commission will only require certain provisions of ASTM
F 963-08 and Section 4.27 of ASTM F 963-07[egr]1 to be subject to third
party testing and therefore we will only accept the accreditation of
third party conformity assessment bodies for testing under the
following toy safety standards:
ASTM F 963-07[egr]1
--Section 4.27--Toy Chests (except labeling and/or instructional
literature requirements)
ASTM F 963-08
--Section 4.3.5.2, Surface Coating Materials--Soluble Test for
Metals \2\
---------------------------------------------------------------------------
\2\ Products subject to 16 CFR part 1303, Ban of Lead-Containing
Paint and Certain Consumer Products Bearing Lead-Containing Paint,
that have been tested by a CPSC-accepted third party conformity
assessment body and found not to exceed the lead limit in 16 CFR
part 1303, do not need to be tested to the lead solubility standard
in section 4.3.5.2 of ASTM F 963-08.
---------------------------------------------------------------------------
--Section 4.3.6.3, Cleanliness of Liquids, Pastes, Putties, Gels,
and Powders (except for cosmetics and tests on formulations used to
prevent microbial degradation)
--Section 4.3.7, Stuffing Materials
--Section 4.5, Sound Producing Toys
--Section 4.6, Small Objects (except labeling and/or instructional
literature requirements)
--Section 4.7, Accessible Edges (except labeling and/or
instructional literature requirements)
--Section 4.8, Projections
--Section 4.9, Accessible Points (except labeling and/or
instructional literature requirements)
--Section 4.10, Wires or Rods
--Section 4.11, Nails and Fasteners
--Section 4.12, Packaging Film
--Section 4.13, Folding Mechanisms and Hinges
--Section 4.14, Cords, Straps, and Elastics
--Section 4.15, Stability and Overload Requirements
--Section 4.16, Confined Spaces
--Section 4.17, Wheels, Tires, and Axles
--Section 4.18, Holes, Clearances, and Accessibility of Mechanisms
--Section 4.19, Simulated Protective Devices (except labeling and/or
instructional literature requirements)
--Section 4.20.1, Pacifiers with Rubber Nipples/Nitrosamine Test
--Section 4.20.2, Toy Pacifiers
--Section 4.21, Projectile Toys
--Section 4.22, Teethers and Teething Toys
--Section 4.23.1, Rattles with Nearly Spherical, Hemispherical, or
Circular Flared Ends
--Section 4.24, Squeeze Toys
--Section 4.25, Battery-Operated Toys (except labeling and/or
instructional literature requirements)
--Section 4.26, Toys Intended to Be Attached to a Crib or Playpen
(except labeling and/or instructional literature requirements)
--Section 4.27, Stuffed and Beanbag-Type Toys
--Section 4.30, Toy Gun Marking
--Section 4.32, Certain Toys with Spherical Ends
--Section 4.35, Pompoms
--Section 4.36, Hemispheric-Shaped Objects
--Section 4.37, Yo-Yo Elastic Tether Toys
--Section 4.38, Magnets (except labeling and/or instructional
literature requirements)
--Section 4.39, Jaw Entrapment in Handles and Steering Wheels
We note that the ASTM toy safety standards cover toys intended for
use by children under 14 years of age. See, e.g., section 1.3 of ASTM F
963-08. However, only ``children's products'' are required to be third
party tested in support of the children's product certificate required
by section 14(a)(2) of the CPSA. Section 3(a)(2) of the CPSA defines
``children's product,'' to mean, inter alia, ``a consumer product
designed or intended primarily for children 12 years of age or
younger.'' To the extent that there are products subject to ASTM F 963-
08 and/or section 4.27 of ASTM F 963-07[egr]1 that are not ``children's
products,'' as that term is defined in the CPSA, such products do not
need to be third party tested in support of the certification required
by section 14 of the CPSA.
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 safety standards identified immediately above.
The CPSC also recognizes that section 14(a)(3)(B)(vi) of the CPSA
is captioned: ``All Other Children's Product Safety Rules''; however,
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 to require a notice of requirements for ``all''
other children's product safety rules, rather than a notice of
requirements for ``some'' or ``certain'' children's product safety
rules. However, whether a particular rule represents a ``children's
product safety rule'' may be subject to interpretation, and 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 that 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
clear references to those
[[Page 46601]]
sections of ASTM F 963-08 and/or 4.27 of ASTM F 963-07[egr]1 identified
earlier in part I of this document for which the third party conformity
assessment body seeks CPSC acceptance.
(Descriptions of the history and content of the ILAC-MRA approach
and of the requirements of the ISO/IEC 17025:2005 laboratory
accreditation standard are 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 those covered by the
safety standards in ASTM F 963. 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
ASTM F 963 testing and certification requirements were included in that
section of the December 28, 2009 notice. The absence of a notice of
requirements prevented the testing and certification stay from being
lifted with regard to toys subject to ASTM F 963. While the publication
of this notice would have had the effect of lifting the testing and
certification stay with regard to ASTM F 963, at the decisional meeting
on July 20, 2011, the Commission voted to stay enforcement of the
testing and certification requirements of section 14 of the CPSA with
respect to toys subject to ASTM F 963 until December 31, 2011.
Accordingly, each manufacturer of a children's product covered by F
963-08 and/or section 4.27 of ASTM F 963-07[egr]1 (toy chests) must
have any such product manufactured after December 31, 2011, tested by a
third party conformity assessment body accredited to do so and must
issue a certificate of compliance with applicable sections of ASTM F
963-08 and/or section 4.27 of ASTM F 963-07[egr]1 based on that
testing. (Under the CPSA, the term ``manufacturer'' includes anyone who
manufactures or imports a product.)
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 one or more of the ASTM F
963 toy standards 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 references to one or more
of the following sections of ASTM F 963-08, Standard Consumer Safety
Specification for Toy Safety, and/or 4.27 of ASTM F 963-07[egr]1, the
consumer product safety standard for toy chests
: ASTM F 963-07[egr]1
--Section 4.27--Toy Chests (except labeling and/or instructional
literature requirements)
ASTM F 963-08
--Section 4.3.5.2, Surface Coating Materials--Soluble Test for
Metals
--Section 4.3.6.3, Cleanliness of Liquids, Pastes, Putties, Gels,
and Powders (except for cosmetics and tests on formulations used to
prevent microbial degradation)
--Section 4.3.7, Stuffing Materials
--Section 4.5, Sound Producing Toys
--Section 4.6, Small Objects (except labeling and/or instructional
literature requirements)
--Section 4.7, Accessible Edges (except labeling and/or
instructional literature requirements)
--Section 4.8, Projections
--Section 4.9, Accessible Points (except labeling and/or
instructional literature requirements)
--Section 4.10, Wires or Rods
--Section 4.11, Nails and Fasteners
--Section 4.12, Packaging Film
--Section 4.13, Folding Mechanisms and Hinges
--Section 4.14, Cords, Straps, and Elastics
--Section 4.15, Stability and Overload Requirements
--Section 4.16, Confined Spaces
-- Section 4.17, Wheels, Tires, and Axles
--Section 4.18, Holes, Clearances, and Accessibility of Mechanisms
--Section 4.19, Simulated Protective Devices (except labeling and/or
instructional literature requirements)
--Section 4.20.1, Pacifiers with Rubber Nipples/Nitrosamine Test
--Section 4.20.2, Toy Pacifiers
--Section 4.21, Projectile Toys
--Section 4.22, Teethers and Teething Toys
--Section 4.23.1, Rattles with Nearly Spherical, Hemispherical, or
Circular Flared Ends
--Section 4.24, Squeeze Toys
--Section 4.25, Battery-Operated Toys (except labeling and/or
instructional literature requirements)
--Section 4.26, Toys Intended to Be Attached to a Crib or Playpen
(except labeling and/or instructional literature requirements)
--Section 4.27, Stuffed and Beanbag-Type Toys
--Section 4.30, Toy Gun Marking
--Section 4.32, Certain Toys with Spherical Ends
--Section 4.35, Pompoms
--Section 4.36, Hemispheric-Shaped Objects
--Section 4.37, Yo-Yo Elastic Tether Toys
--Section 4.38, Magnets (except labeling and/or instructional
literature requirements)
--Section 4.39, Jaw Entrapment in Handles and Steering Wheels
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 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 children's products to support the manufacturer's
certification that the product complies with the applicable toy safety
standards 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
[[Page 46602]]
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 10 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 accreditation certificate and scope statement
from its ILAC-MRA signatory accreditation body, 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 staff's review is complete, 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 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 begin testing
children's products to support certification of compliance with the
applicable toy safety standards 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
applicable sections of Standard Consumer Safety Specification for Toy
Safety, F 963-08 and/or section 4.27 (toy chests) from ASTM F 963-
07[egr]1 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) before 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 accreditation body that is a signatory to the ILAC-
MRA. 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 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 to the toy standard section(s) under which the test(s) was
conducted
[[Page 46603]]
is accepted by the CPSC on or before October 3, 2011;
With regard to tests conducted under F 963-08, the product
was tested to the applicable section(s) on or after May 13, 2009; with
regard to tests conducted under section 4.27 of F 963-07[egr]1, the
product was tested on or after August 14, 2008;
The accreditation scope in effect for the third party
conformity assessment body at the time of testing expressly included
testing to the toy standard section(s) under which the test(s) was
conducted;
The test results show compliance with the applicable
current toy standards; and
The third party conformity assessment body's
accreditation, including inclusion in its scope of the toy standard
section(s) under which the test(s) was conducted, remains in effect
through the effective date for mandatory third party testing and
manufacturer certification for conformity with ASTM F 963-08 and/or
section 4.27 of ASTM F 963-07[egr]1.
Dated: July 22, 2011.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2011-18962 Filed 8-2-11; 8:45 am]
BILLING CODE 6355-01-P