[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Notices]
[Pages 32379-32381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14638]


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DEPARTMENT OF JUSTICE

Office of Justice Programs

[OJP (NIJ) Docket No. 1741]


Minimum Scheme Requirements To Certify Criminal Justice 
Restraints Described in NIJ Standard 1001.00

AGENCY: National Institute of Justice, Justice.

ACTION: Notice.

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SUMMARY: The National Institute of Justice (NIJ) announces publication 
of Minimum Scheme Requirements to Certify Criminal Justice Restraints 
Described in NIJ Standard 1001.00. The minimum scheme requirements are 
found in the Supplementary Information below, as well as in the 
document found here: https://www.ncjrs.gov/pdffiles1/nij/250566.pdf. 
NIJ Standard 1001.00, Criminal Justice Restraints Standard, was 
published in the Federal Register on November 19, 2014, and may be 
found here: https://federalregister.gov/a/2014-27367. All references to 
``Criminal Justice Restraints Certification Program Requirements, NIJ 
CR-1001.00'' in NIJ Standard 1001.00, including in Section 1.1.1 of 
that standard, shall be understood to refer to the Minimum Scheme 
Requirements published here.
    NIJ has been working with conformity assessment bodies to develop 
acceptable criteria by which NIJ would recognize a product 
certification scheme operated by a certification body in the private 
sector. Certification better ensures that quality restraints are 
available to criminal justice practitioners. In the interest of officer 
safety and public safety, NIJ anticipates recognizing certification 
programs in the private sector that meet or exceed the minimum scheme 
requirements. Certification bodies that are interested in developing a 
product certification scheme for restraints described in NIJ Standard 
1001.00 should contact NIJ at the contact information listed below. As 
previously noted (https://www.federalregister.gov/d/2016-22057), Safety 
Equipment Institute (SEI), which is accredited by the American National 
Standards Institute (ANSI) to ISO/IEC 17065 Conformity assessment --
Requirements for bodies certifying products, processes and services, 
has

[[Page 32380]]

established a certification program for restraints described in NIJ 
Standard 1001.00. ISO/IEC 17065 is a joint endeavor of the 
International Organization for Standardization (ISO) and the 
International Electrotechnical Commission (IEC). Further guidance on 
recognition of this certification program or others will be published 
in the Federal Register at a future date, to be determined.

FOR FURTHER INFORMATION CONTACT: Mark Greene, Policy and Standards 
Division Director, Office of Science and Technology, National Institute 
of Justice, 810 7th Street NW., Washington, DC 20531; telephone number: 
(202) 307-3384; email address: [email protected].

SUPPLEMENTARY INFORMATION:  The following describes the minimum 
requirements that a product certification scheme must contain for the 
certification of restraints described in NIJ Standard 1001.00, Criminal 
Justice Restraints Standard. A product certification scheme includes 
the rules, procedures, and management required for carrying out product 
certification, which involves the assessment and attestation by an 
impartial third party that fulfilment of specified requirements has 
been demonstrated by a product. This is discussed further in ISO/IEC 
17067, Conformity assessment-- Fundamentals of product certification 
and guidelines for product certification schemes.
    The following is intended primarily for those considering becoming 
certification scheme owners for the purpose of certifying restraints, 
in order to provide greater confidence to the criminal justice end user 
community that the restraints products conform to the requirements 
specified in NIJ Standard 1001.00. It includes minimum reasonable 
expectations that a certification body should meet in order to operate 
a certification program for restraints. The following is also intended 
for accreditation bodies that accredit certification bodies which may 
be considering certifying restraints to a scheme that includes 
laboratory testing of products to NIJ Standard 1001.00.
    A draft version of the following was published for public comment 
for 30 days in the Federal Register, and may be found here: https://www.federalregister.gov/d/2016-22057. The public comment period opened 
on September 14, 2016, and closed on October 14, 2016.
    The following terms are used in accordance with international 
standards:

--``shall'' indicates a requirement;
--``should'' indicates a recommendation;
--``may'' indicates a permission;
--``can'' indicates a possibility or a capability.

    Nothing in the following is intended to create any legal or 
procedural rights enforceable against the United States. Moreover, 
nothing in this document creates any obligation for conformity 
assessment bodies to follow or adopt this voluntary standard, nor does 
it create any obligation for manufacturers, suppliers, law enforcement 
agencies, or others to follow or adopt voluntary NIJ equipment 
standards.

1 Scope

    1.1 This document describes the minimum requirements that a product 
certification scheme must contain for the certification of restraints 
described in NIJ Standard 1001.00, Criminal Justice Restraints 
Standard.
    1.2 This document includes provisions for NIJ to file urgent 
complaints with a certification body regarding products it certifies to 
protect criminal justice end users of restraints products, such as 
police officers and correctional officers, if NIJ believes that a 
hazardous condition exists.
    1.3 This document includes provisions for NIJ to file urgent 
complaints with an accreditation body regarding conformity assessment 
bodies it accredits in the certification scheme to protect criminal 
justice end users of restraints products, such as police officers and 
correctional officers, if NIJ believes that a hazardous condition 
exists.

2 Normative References

ISO/IEC 17000, Conformity assessment--Vocabulary and general principles
ISO/IEC 17025, General requirements for the competence of testing and 
calibration laboratories
ISO/IEC 17030, Conformity assessment--General requirements for third-
party marks of conformity
ISO/IEC 17065, Conformity assessment--Requirements for bodies 
certifying products, processes and services
ISO/IEC 17067, Conformity assessment--Fundamentals of product 
certification and guidelines for product certification schemes
ISO/IEC Directives, Part 2, Principles and rules for the structure and 
drafting of ISO and IEC documents, seventh edition, 2016
NIJ Standard 1001.00, Criminal Justice Restraints Standard

3 Terms and Definitions

    For the purposes of this document, the terms and definitions given 
in ISO/IEC 17000, ISO/IEC 17065, ISO/IEC 17067, and NIJ 1001.00 apply.

4 Scheme requirements

    4.1 The product certification scheme shall follow the guidelines in 
ISO/IEC 17067.
    4.1.1 The product certification scheme shall be of scheme type 5 as 
described in 5.3.7 in ISO/IEC 17067.
    4.1.2 The scheme shall include provisions for the certification 
body to ensure that the client maintains an appropriate quality 
management system (e.g., conforms to ISO 9001) and that the client 
follows appropriate quality assurance processes.
    4.1.3 The certification body shall issue a mark of conformity to be 
displayed on certified products in accordance with ISO/IEC 17030.
    4.2 Conformity assessment bodies shall be accredited.
    4.2.1 Certification bodies shall be accredited to ISO/IEC 17065 by 
an accreditation body that is a signatory to the International 
Accreditation Forum (IAF) Multilateral Recognition Arrangement (MLA).
    4.2.2 Certification bodies shall have a scope of accreditation to 
include NIJ 1001.00.
    4.2.3 Testing laboratories shall be accredited to ISO/IEC 17025 by 
an accreditation body that is a signatory to the International 
Laboratory Accreditation Cooperation (ILAC) Mutual Recognition 
Arrangement (MRA).
    4.2.4 Testing laboratories shall have a scope of accreditation that 
includes NIJ 1001.00 and all test methods referenced therein.
    4.2.5 The certification body can take the qualification, assessing, 
and monitoring performed by other organizations (e.g., accreditation 
bodies) or bodies that provide outsourced services (e.g., testing 
laboratories) into account provided that: (1) It is provided for within 
the scheme requirements; (2) the scope is applicable to the work being 
undertaken; and (3) the validity of the qualification, assessing, and 
monitoring arrangements is verified at a periodicity determined by the 
certification body.
    4.3 NIJ may request information from the certification body.
    4.3.1 NIJ may request in writing directly from the certification 
body a list of all actions taken against specified current or 
previously certified products, such as termination, reduction, 
suspension, or withdrawal of certification.

[[Page 32381]]

    4.3.2 If requested to do so, the certification body shall provide 
in writing the information requested by NIJ in 4.3.1 within five (5) 
working days.
    4.4 NIJ may bring urgent complaints to the certification body.
    4.4.1 NIJ may bring urgent complaints regarding certified products, 
or products believed to be certified, directly to the certification 
body if NIJ believes that a hazardous condition exists.
    4.4.2 Should NIJ bring an urgent complaint to the attention of the 
certification body, NIJ shall articulate the complaint in writing.
    4.4.3 The certification body shall provide an expedited response in 
writing to NIJ within five (5) working days, articulating how it plans 
to proceed with the urgent complaint, including actions it may take to 
determine the validity of the complaint and an estimated timeline to 
determine the validity of the complaint.
    4.5 NIJ may request information from accreditation bodies.
    4.5.1 NIJ may request in writing directly from an accreditation 
body a list of all actions taken against a conformity assessment body 
that it accredits in the certification scheme, such as termination, 
reduction, suspension, or withdrawal of certification.
    4.5.2 If requested to do so, the accreditation body shall provide 
in writing the information NIJ requested in 4.5.1 within five (5) 
working days.
    4.6 NIJ may bring urgent complaints to accreditation bodies.
    4.6.1 NIJ may bring urgent complaints directly to an accreditation 
body regarding conformity assessment bodies that it accredits in the 
certification scheme if NIJ believes a hazardous condition exists.
    4.6.2 Should NIJ bring an urgent complaint to the attention of an 
accreditation body, NIJ shall articulate the complaint in writing.
    4.6.3 The accreditation body shall provide an expedited response in 
writing to NIJ within five (5) working days, articulating how it plans 
to proceed with the urgent complaint, including actions it may take to 
determine the validity of the complaint and an estimated timeline to 
determine the validity of the complaint.
    4.7 Accreditation bodies shall notify NIJ of any changes in the 
accreditation status or scope of accreditation of any conformity 
assessment bodies in the certification scheme.
    4.7.1 Changes in accreditation status include suspension, 
withdrawal, or reduction of the scope of accreditation.
    4.7.2 The accreditation body shall notify NIJ in writing within 
five (5) working days after such action is taken.

Howard Spivak,
Acting Director, National Institute of Justice.
[FR Doc. 2017-14638 Filed 7-12-17; 8:45 am]
 BILLING CODE 4410-18-P