[Federal Register Volume 86, Number 107 (Monday, June 7, 2021)]
[Notices]
[Pages 30288-30289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11837]


=======================================================================
-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2020-0019]


Notice of Availability of Regulatory Flexibility Act Section 610 
Review of the Safety Standards for the Testing and Labeling Regulations 
Pertaining to Product Certification of Children's Products, Including 
Reliance on Component Part Testing

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is 
announcing the availability of a completed rule review under section 
610 of the Regulatory Flexibility Act (RFA) for the Testing and 
Labeling Regulations Pertaining to Product Certification of Children's 
Products, Including Reliance on Component Part Testing. This regulatory 
review concludes that the testing and component part testing 
regulations should be maintained without change.

ADDRESSES: The completed review is available on the CPSC website at: 
https://www.cpsc.gov/s3fs-public/Regulatory-Flexibility-Act-Review-of-Testing-and-Labeling-Regulations.pdf?rIp6oVfT143VJ29wBQgMbQ1c_R2jq39w. 
The completed review will also be made available through the Federal 
eRulemaking Portal at: https://www.regulations.gov, under Docket No. 
CPSC-2020-0019, Supporting and Related Materials. Copies may also be 
obtained from the Consumer Product Safety Commission, Division of the 
Secretariat, Room 820, 4330 East-West Highway, Bethesda, MD 20814; 
telephone: 301-504-7479; email [email protected].

FOR FURTHER INFORMATION CONTACT: Susan Proper, Directorate for Economic 
Analysis, Consumer Product Safety Commission, 4330 East-West Highway, 
Bethesda, MD 20814; telephone: (301) 504-7628; email: [email protected].

SUPPLEMENTARY INFORMATION: In November 2011, the Commission issued two 
regulations related to testing: 16 CFR part 1107, ``Testing and 
Labeling Pertaining to Product Certification'' (testing regulation or 
part 1107) (76 FR 69482, November 8, 2011), and 16 CFR part 1109, 
``Conditions and Requirements for Relying on Component Part Testing or 
Certification, or Another Party's Finished Product Certification, to 
Meet Testing and Certification Requirements'' (component part 
regulation or part 1109) (76 FR 69546, November 8, 2011). When parts 
1107 and 1109 were promulgated in 2011, the final regulatory 
flexibility analysis found that the third party testing requirements in 
part 1107 would have a significant economic impact on a substantial 
number of small entities. In contrast, the final regulatory flexibility 
analysis for the component part regulation in part 1109 found that the 
regulation would not likely have a significant impact on a substantial 
number of small entities because component part testing is not 
mandatory. However, OMB determined that both 1107 and 1109 were

[[Page 30289]]

considered ``major rules'' under the Congressional Review Act (CRA).\1\
---------------------------------------------------------------------------

    \1\ The CRA defines a ``major rule'' as one that has resulted in 
or is likely to result in (1) an annual effect on the economy of 
$100 million or more; (2) a major increase in costs or prices for 
consumers, individual industries, federal, state, or local 
government agencies, or geographic regions; or (3) significant 
adverse effects on competition, employment, investment, 
productivity, or innovation, or on the ability of United States-
based enterprises to compete with foreign-based enterprises in 
domestic and export markets. 5 U.S.C. 804(2).
---------------------------------------------------------------------------

    On August 24, 2020, the Commission published notice in the Federal 
Register (85 FR 52078) to announce that the CPSC would review the 
testing and component part testing regulations in accordance with the 
regulatory review provisions of section 610 of the RFA (5 U.S.C. 610). 
The CPSC sought public comment on the rule review. This document 
announces the availability of the completed regulatory review under 
section 610 of the testing and component part testing regulations.
    The purpose of a rule review under section 610 of the RFA is to 
determine whether, consistent with the CPSC's statutory obligations, 
these standards should be maintained without change, rescinded, or 
modified to minimize any significant impact of the rule on a 
substantial number of small entities. Section 610 requires agencies to 
consider five factors in reviewing rules to minimize any significant 
economic impact of the rule on a substantial number of small entities 
including:
    (1) The continued need for the rule;
    (2) The nature of complaints or comments received concerning the 
rule from the public;
    (3) The complexity of the rule;
    (4) The extent to which the rule overlaps, duplicates or conflicts 
with other Federal rules, and, to the extent feasible, with State and 
local governmental rules; and
    (5) The length of time since the rule has been evaluated or the 
degree to which technology, economic conditions, or other factors have 
changed in the area affected by the rule. 5 U.S.C. 610(b).
    The CPSC received five written comments. The comments came from (1) 
a small business that sells handmade items; (2) a small business that 
sells wooden toys and gifts; (3) a small importer of European toys; (4) 
the American Apparel & Footwear Association (AAFA); and (5) the 
Juvenile Products Manufacturers Association (JPMA). Staff's briefing 
package reviews all of the comments and provides staff's analysis 
applying the factors listed in section 610 of the RFA to the testing 
and component part testing regulations. As explained in the staff's 
briefing package, CPSC staff concludes that the testing and component 
part testing regulations should be retained without any changes.
    The staff review is available on the CPSC's website at: https://www.cpsc.gov/s3fs-public/Regulatory-Flexibility-Act-Review-of-Testing-and-Labeling-Regulations.pdf?rIp6oVfT143VJ29wBQgMbQ1c_R2jq39w, 
www.regulations.gov, and from the Commission's Division of the 
Secretariat at the location listed in the ADDRESSES section of this 
notice.

Alberta E. Mills,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2021-11837 Filed 6-4-21; 8:45 am]
BILLING CODE 6355-01-P