Federal Register, Volume 76, Number 149, August 3, 2011, Pages 46595-47054 Page: 46,601
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Federal Register/Vol. 76, No. 149 /Wednesday, August 3, 2011 /Rules and Regulations
sections of ASTM F 963-08 and/or 4.27
of ASTM F 963-071 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/foiaO9/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-
071 (toy chests) must have any such
product manufactured after December
31, 2011, tested by a third party
conformity assessment body accreditedto 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 963-07E1 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 963-07E1, the consumer
product safety standard for toy chests
* ASTM F 963-07E1
-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, firewalledconformity assessment bodies seeking
46601
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United States. Office of the Federal Register. Federal Register, Volume 76, Number 149, August 3, 2011, Pages 46595-47054, periodical, August 3, 2011; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc52326/m1/15/?rotate=90: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.