[Federal Register: December 28, 2009 (Volume 74, Number 247)]
[Notices]               
[Page 68588-68593]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de09-60]                         

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CONSUMER PRODUCT SAFETY COMMISSION

 
Consumer Product Safety Act: Notice of Commission Action on the 
Stay of Enforcement of Testing and Certification Requirements

AGENCY: Consumer Product Safety Commission.

ACTION: Revision of terms of stay of enforcement.

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SUMMARY: The Consumer Product Safety Commission (``CPSC'' or 
``Commission'') is announcing its decision to revise the terms of its 
stay of enforcement of certain testing and certification provisions of 
section 14 of the Consumer Product Safety Act (``CPSA'') as amended by 
section 102(a) of the Consumer Product Safety Improvement Act of 2008 
(``CPSIA'').\1\ On February 9, 2009, the Commission announced a stay of 
enforcement that would remain in effect until February 10, 2010, at 
which time the Commission would vote to terminate the stay. Through 
this notice, the Commission announces changes to the stay including 
when the stay will lift as to certain testing and certification 
requirements and how the testing and certification requirements will be 
implemented or otherwise become effective with regard to specific 
products subject to the testing and certification requirements of the 
CPSIA.
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    \1\ The Commission voted 5-0 to publish this notice, with 
changes, in the Federal Register.
    Chairman Inez M. Tenenbaum and Commissioners Thomas H. Moore, 
Nancy Nord, Robert Adler and Anne Northup issued statements, and 
their statements can be found at http://www.cpsc.gov.

DATES: Pursuant to this revision of terms, the stay of enforcement, as 
it pertains to most products, expires on February 10, 2010. Details 
regarding the stay of enforcement relative to specific products and 
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other dates can be found in part II of this document.

FOR FURTHER INFORMATION CONTACT: John ``Gib'' Mullan, Assistant 
Executive Director for Compliance and Field Operations, U.S. Consumer 
Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 
20814; e-mail jmullan@cpsc.gov.

SUPPLEMENTARY INFORMATION:

I. Background

A. What Statutory Requirements are at Issue?

    In the Federal Register of February 9, 2009 (74 FR 6396), the 
Commission announced that it would stay its enforcement with respect to 
certain testing and certification requirements in section 14(a)(1), 
(a)(2), and (a)(3) of the CPSA, as amended by section 102 of the CPSIA.
    In brief, sections 14(a)(1), (a)(2), and (a)(3) of the CPSA 
establish testing and certification requirements for most consumer 
products regulated by or under the statutes enforced by the Commission, 
including children's products. Section 14(a)(1) of the CPSA requires 
every manufacturer of a product (and the private labeler of such 
product if such product bears a private label) that is subject to a 
consumer product safety rule under the CPSA or a similar rule, ban, 
standard, or regulation under any other law enforced by the Commission 
and which is imported for consumption or warehousing or distributed in 
commerce, to issue a certificate. The manufacturer must certify, based 
on a test of each product or upon a reasonable testing program, that 
the product complies with all rules, bans, standards, or regulations 
applicable to the product under the CPSA or any other law enforced by 
the Commission. The certificate must specify each such rule, ban, 
standard, or regulation applicable to the product.
    For children's products, section 14(a)(2) of the CPSA states that, 
before importing for consumption or warehousing or distributing in 
commerce any children's product that is subject to a children's product 
safety rule, the manufacturer (and the private labeler if the 
children's product bears a private label) must submit sufficient 
samples of the children's product, or samples that are identical in all 
material respects to the product, to a CPSC-recognized third party 
conformity assessment body accredited under section 14(a)(3) of the 
CPSA (``recognized third party test laboratory''). The recognized third 
party test laboratory must test the children's product for compliance 
with such children's product safety rule. Based on the testing, the 
manufacturer (or private labeler) must issue a certificate that 
certifies that the children's product complies with the children's 
product safety rule based on the assessment of a recognized third party 
laboratory accredited to conduct such tests.
    Section 14(a)(3) of the CPSA establishes a schedule for 
implementing third party testing and includes a time line for the 
accreditation of third party conformity assessment bodies. Section 
14(a)(3)(A) of the CPSA states that the third party testing requirement 
applies to any children's product manufactured more than 90 days after 
the Commission has established and published a ``notice of 
requirements'' for the accreditation of

[[Page 68589]]

third party conformity assessment bodies to assess conformity with a 
children's product safety rule. As of the date of publication of this 
notice, the Commission has issued six notices of requirements; the 
notices of requirements, and their respective effective dates, are as 
follows:

     Lead paint (73 FR 54564 (September 22, 2008), effective 
for products manufactured after December 21, 2008);
     Full-size and non-full size cribs and pacifiers (73 FR 
62965 (October 22, 2008), effective for products manufactured after 
January 20, 2009);
     Small parts (73 FR 67838 (November 17, 2008), effective 
for products manufactured after February 15, 2009);
     Metal components of children's metal jewelry (73 FR 78331 
(December 22, 2008), effective for products manufactured after March 
23, 2009);
     Bicycle helmets, dive sticks and similar articles, 
rattles, bicycles, and bunk beds (74 FR 45428 (September 2, 2009), 
effectiveness stayed at least until February 10, 2010)); and
     Limits on total lead in metal children's products and in 
non-metal children's products (74 FR 55820 (October 29, 2009), 
effectiveness stayed at least until February 10, 2010).
    Additionally, section 14(g) of the CPSA imposes certain 
requirements for certificates, and CPSC regulations, at 16 CFR part 
1110, limit the testing and certification requirement to importers and 
domestic manufacturers. The certification requirements of section 14(g) 
apply only to products manufactured after the date such certification 
requirement becomes effective and do not apply to products held in 
inventory. Thus, for products below where the stay is lifted effective 
February 10, 2010, certification will only be required for products 
manufactured beginning on February 11, 2010.

B. What Did the Stay of Enforcement Cover? Why Did the Commission Issue 
the Stay?

    Rather than list the consumer product safety rules or similar 
rules, bans, standards, or regulations under any other law enforced by 
the Commission that were covered by the stay of enforcement on testing 
and certification, the stay instead described the rules, bans, 
standards, or regulations that were not covered by the stay of 
enforcement. The list consisted of the following:
    (1) The requirements of any CPSC regulation, or of section 14(a) of 
the CPSA as it existed before the CPSIA, for product testing and 
certification, including, inter alia, existing requirements for 
certification of automatic residential garage door openers, bicycle 
helmets, candles with metal core wicks, lawnmowers, lighters, 
mattresses, and swimming pool slides;
    (2) The certifications required due to certain requirements of the 
Virginia Graeme Baker Pool & Spa Safety Act being defined as consumer 
product safety ``rules;''
    (3) The certifications of compliance required for all-terrain 
vehicles (ATVs) in section 42(a)(2) of the CPSA;
    (4) Any voluntary guarantees provided for in the Flammable Fabrics 
Act (``FFA'') or otherwise (to the extent a guarantor wishes to issue 
one);
    (5) The requirements on manufacturers, including importers, of 
children's products to use third party laboratories to test and to 
certify, on the basis of that testing, compliance of children's 
products with:

     Requirements applicable to the lead content of paint and 
other surface coatings effective for products manufactured after 
December 21, 2008;
     Requirements applicable to full-size and non-full-size 
cribs and pacifiers effective for products manufactured after January 
20, 2009;
     Requirements concerning small parts effective for products 
manufactured after February 15, 2009; and
     Requirements on the lead content of metal components of 
children's metal jewelry effective for products manufactured after 
March 23, 2009.

See 74 FR at 6399. The Commission stated in the stay that all 
certification requirements in its regulations that existed prior to the 
enactment of the CPSIA would remain in effect regardless of the stay on 
testing and certification. This meant, for example, that the 
Commission's pre-CPSIA requirements for the testing and certification 
of mattresses remained in effect, so a mattress manufacturer would be 
required to comply with the pre-CPSIA requirements for testing and 
certifying mattresses.
    The Commission explained that the stay of enforcement was necessary 
due to uncertainty or confusion as to how the testing and certification 
requirements would apply to various products, the type of testing that 
would be needed, whether finished products or their components could or 
should be tested, and whether certain requirements (particularly 
labeling requirements) were, under section 14 of the CPSA, rules, bans, 
standards, or regulations for which testing is required. The Commission 
also noted that, at the time it issued the notice in November 2008, 
several rulemaking or voluntary standards development activities were 
underway and would not be resolved by February 10, 2009 (the effective 
date for several CPSIA provisions). Other factors, such as the need to 
develop or validate test methods and to educate the business community 
on the CPSIA, contributed to the Commission's decision to issue its 
stay of enforcement (see 74 FR at 6397 through 6398).
    The Federal Register notice announcing the stay of enforcement also 
emphasized that the stay applied only to testing and certification; in 
other words, a product still had to comply with applicable mandatory 
safety requirements. For example, the stay of enforcement meant that a 
manufacturer did not have to have a recognized third party laboratory 
test a children's toy with respect to the CPSIA's limit for phthalates, 
but the children's toy still had to comply with the phthalate limit.

II. When Will the Stay of Enforcement Be Lifted? When Will 
Manufacturers Need To Test and Certify Their Products?

A. What Prompted the Commission Action on the Stay of Enforcement Prior 
to the February 10, 2010 Scheduled Date for a Vote To Terminate the 
Stay?

    Between February 9, 2009 and the date of publication of this 
notice, the Commission issued more than 20 Federal Register notices, 
statements of policy, guidance documents, proposed rules, interim final 
rules, and final rules pertaining to the CPSIA, and most of these 
documents pertained to testing and certification issues. These Federal 
Register documents include:
     ``Third Party Testing for Certain Children's Products; 
Notice of Requirements for the Accreditation of Third Party Conformity 
Assessment Bodies to Assess Conformity with the Limits on Total Lead in 
Children's Products,'' 74 FR 55820 (October 29, 2009);
     ``Notice of Availability of a Statement of Policy: Testing 
and Certification of Lead Content in Children's Products,'' 74 FR 55820 
(October 29, 2009);
     Proposed Rule on ``Safety Standard for Infant Walkers,'' 
74 FR 45704 (September 3, 2009);
     Proposed Rule on ``Safety Standard for Bath Seats,'' 74 FR 
45719 (September 3, 2009);
     ``Third Party Testing for Certain Children's Products; 
Notice of Requirements for Accreditation of Third Party Conformity 
Assessment Bodies to Assess Conformity with Parts 1203,

[[Page 68590]]

1510, 1512, and/or 1513 and Section 1500.86(a)(7) and/or (a)(8) of 
Title 16, Code of Federal Regulations,'' 74 FR 45428 (September 2, 
2009);
     Final Rule on ``Children's Products Containing Lead; 
Determinations Regarding Lead Content Limits on Certain Materials or 
Products,'' 74 FR 43031 (Aug. 26, 2009);
     ``Notice of Availability of a Statement of Policy: Testing 
of Component Parts With Respect to Section 108 of the Consumer Product 
Safety Improvement Act,'' 74 FR 41400 (August 17, 2009);
     Final Rule on ``Children's Products Containing Lead; 
Interpretative Rule on Inaccessible Component Parts,'' 74 FR 39535 
(August 7, 2009);
     Proposed Rule on Requirements for Consumer Registration of 
Durable Infant or Toddler Products, 74 FR 30983 (June 29, 2009);
     Final Rule on ``Children's Products Containing Lead; Final 
Rule; Procedures and Requirements for a Commission Determination of 
Exclusion,'' 74 FR 10475 (Mar. 11, 2009);
     Notice of Availability of Draft Guidance Regarding Which 
Children's Products are Subject to the Requirements of CPSIA Section 
108; Request for Comments and Information, 74 FR 8058 (Feb. 23, 2009); 
and
     Interim Final Rule on ``Children's Products Containing 
Lead; Exemptions for Certain Electronic Devices; Interim Final Rule,'' 
74 FR 6990 (Feb. 12, 2009).

Additionally, the Commission has met with numerous parties to discuss 
various aspects of the CPSIA or educate interested parties about the 
CPSIA's requirements, and, on December 10, and 11, 2009, it held a two-
day workshop to discuss issues relating to the testing, certification, 
and labeling of certain consumer products pursuant to section 14 of the 
CPSA (see 74 FR 58611 (November 13, 2009)). Given the issuance of many 
rules and other Federal Register documents, statements of policy, and 
guidance documents, the Commission believes it is appropriate to phase 
in the testing and certification requirements as described in more 
detail below.
    Parts II.B through F of this document discuss specific consumer 
product safety rules under the CPSA and similar rules, bans, standards, 
or regulations under the other laws enforced by the Commission as to 
which consumer products or children's products must be certified, and 
how the Commission will handle each with regard to the timing of 
certification requirements. For example, for a children's product, 
lifting the stay of enforcement with regard to a particular children's 
product safety rule will mean that the children's product is subject to 
the third party testing requirement and the manufacturer's 
certification must be based on the results of tests conducted by a CPSC 
recognized third party laboratory. The Commission recognizes that many 
retailers have been requiring third-party testing and certification 
despite its stay of enforcement. In certain circumstances, however, 
with regard to specific children's product safety rules, laboratories 
still need to be accredited for testing. Further, the Commission still 
needs to address the issues of component part testing and the scope of 
the definition of the term ``children's product.'' The sections below 
describe how the Commission will handle those particular situations. 
For a non-children's product, lifting the stay of enforcement will mean 
that the product is subject to the certificate requirements in section 
14(g) of the CPSA. If the product was subject to a pre-existing 
certificate requirement (which may be in the form of a label), there 
may be a need for a manufacturer to modify its certificates to include 
the new requirements in section 14(g) of the CPSA where appropriate, or 
provide the additional information required by section 14(g) in some 
other manner where the existing label cannot be altered, which is 
currently the case with the mattress standard. Finally, this document, 
in sections C, E and F below, indicates the rules where certificates of 
compliance will be required for non-children's products and how 
manufacturers can transition their existing certifications under prior 
Commission regulations to meet the new requirements of section 14(g) of 
the CPSA.

B. Children's Products Where the Commission Is Lifting the Stay of 
Enforcement and For Which Third Party Testing and Certification Will 
Become Necessary

    As indicated above in part I.A, the Commission has issued two 
notices of requirements for accreditation of laboratories for testing 
to children's product safety rules that were affected by the stay of 
enforcement. (See 74 FR 45428 (September 2, 2009) (pertaining to 
bicycle helmets subject to 16 CFR part 1203, dive sticks and similar 
articles subject to 16 CFR 1500.86(a)(7) and (a)(8), rattles subject to 
16 CFR part 1510, bicycles subject to 16 CFR part 1512, and bunk beds 
subject to 16 CFR part 1513)); 74 FR 55820 (October 29, 2009) 
(pertaining to limits on total lead in children's products).) Through 
this notice, the Commission announces its decision with regard to four 
of these children's product safety rules to lift the stay of 
enforcement on February 10, 2010 as follows:

     Bicycle helmets (16 CFR part 1203);
     Bunk beds (16 CFR part 1513);
     Rattles (16 CFR parts 1510, 1500.18(a)(15) and 
1500.86(a)(1)); and
     Dive sticks (16 CFR parts 1500.18(a)(9) and 1500.86(a)(7) 
and (a)(8)).

Children's products subject to the four regulations identified 
immediately above will require testing by a recognized third party 
laboratory and certification based on such testing.
    With regard to bicycle helmets, the existing certification and 
labeling requirement of 16 CFR part 1203.34 states that the label ``is 
the helmet's certificate of compliance.'' The certification label 
requirement in the bike helmet standard requires fewer details than 
what is now required for certifications under section 14(g) of the 
CPSA. The current label on bicycle helmets does not contain the contact 
information for the date and place where tested, custodian of test 
records and the place of manufacture which section 14(g) requires as 
part of any certification. Likewise, with regard to youth helmets, the 
existing label would not identify the third party testing laboratory 
which would now be required under section 14(g) of the CPSA. The more 
detailed requirements of section 14(g) can be handled in one of two 
ways: (1) The bicycle helmet manufacturer can either include this 
additional information on the label on its products such that the label 
continues to serve as the helmet's certificate of compliance; or (2) 
the manufacturer or importer can provide a separate paper or electronic 
certificate to accompany the helmets.
    The Commission plans to keep the stay in effect for the bicycle 
regulations (16 CFR part 1512) as applicable to all bicycles, both non 
children's and children's, until May 17, 2010. With regard to bicycles, 
the Commission has determined that there is insufficient laboratory 
capacity for third-party testing of bicycles at this time despite the 
fact that the notice of accreditation of laboratories issued more than 
90 days ago. The Commission understands that the laboratories are 
communicating with staff about their applications, capabilities and 
related timing issues. Should the extension of this stay until May 17, 
2010 prove insufficient, the bicycle manufacturers and laboratories 
must petition the Commission for additional relief no later than April 
1, 2010.

[[Page 68591]]

    The Commission plans to keep the stay in effect for total lead 
content in metal children's products and in non-metal children's 
products tested pursuant to CPSC-CH-E1001-08, Standard Operating 
Procedure for Determining Total Lead (Pb) in Children's Metal Products 
or CPSC-CH-E1002-08, Standard Operating Procedure for Determining Total 
Lead (Pb) in Non-Metal Children's Products, (section 101 of the CPSIA) 
until February 10, 2011. With regard to lead content, the Commission 
has determined that testing of children's products for lead content by 
a recognized third party testing laboratory and certification based 
upon that testing should begin on products manufactured after February 
10, 2011 to allow component testing to form the basis for 
certifications for lead content and permit the staff to complete an 
interpretative rule on the meaning of the term ``children's product.'' 
An interpretative rule on the meaning of the term ``children's 
product'' would provide firms with additional guidance on when testing 
for lead content will be required by the Commission. In the meantime, 
to assist subject firms in understanding the meaning of ``children's 
product'' as used in the CPSIA pending the issuance of a final rule on 
it, the Commission has posted on its Web site a series of Frequently 
Asked Questions that explain that the Commission believes that certain 
products are presumptively children's products, such as stuffed 
animals, hula hoops, outdoor playground equipment, children's art 
materials, children's backpacks and lunchboxes, strollers, playpens and 
other juvenile products. Other products come sized for both adults and 
children, including, but not limited to, ATVs, bicycles, mattresses, 
and wearing apparel, and the Commission has already indicated that the 
youth-sized versions of those products would be considered children's 
products. Further, by way of illustration and guidance pending the 
issuance of the interpretative rule on the meaning of ``children's 
product'' in the CPSIA, the Commission offers the following additional 
examples that demonstrate the application of the definition of 
``children's product:''
    (1) A mat for use on the floor in the back seat of a car is 
decorated with animated characters. This product is not a children's 
product despite its cartoon motif. A car mat is not commonly recognized 
by consumers as being intended for a child 12 years of age or younger. 
While a child may sit in the back seat and the products may be 
advertised showing a child sitting on a seat with the mat under his or 
her feet, the product is not primarily designed or intended for the 
child. It does not need to be tested for lead content and does not 
require third-party testing.
    (2) A local home improvement store sells shredded hardwood mulch in 
2 cubic feet bags in its garden center. It advertises the mulch solely 
for use in gardening. The manufacturer of the mulch has only indicated 
on its packaging that it is intended as a weed barrier that also 
prevents water loss around plants. A local elementary school purchases 
a delivery of 100 bags of shredded hardwood mulch to provide soft 
surfacing for its outdoor playground equipment. The shredded hardwood 
mulch is not a children's product even though purchased for use by the 
school. It has not been marketed for use by children and is not 
commonly recognized by consumers as being intended for use by children. 
It does not need to be tested for lead content and does not require a 
tracking label.

C. Products Where the Commission Is Lifting the Stay of Enforcement and 
for Which General Conformity Certification Will Become Necessary

    The Commission further announces its decision to lift the stay of 
enforcement on February 10, 2010 with regard to the following rules 
applicable to non-children's products:

     Ban on Lead-In-Paint in paint and on furniture (16 CFR 
part 1303);
     Requirements for child-resistance on portable gas 
containers (Section 2 of the Children's Gasoline Burn Prevention Act);
     Regulations for special packaging required under the 
Poison Prevention Packaging Act (16 CFR part 1700);
     Ban on extremely flammable contact adhesives (16 CFR part 
1302);
     Ban of unstable refuse bins (16 CFR part 1301); and
     Standard for refrigerator door latches (16 CFR part 1750).

Products subject to these statutes and regulations will require testing 
based upon a reasonable testing program, and the manufacturers will 
need to issue a certificate of general conformity to these statutes or 
regulations (``general conformity certificate'') beginning on February 
10, 2010 for all products manufactured after that date. The Commission 
has concluded that general conformity certificates are not required for 
labeling requirements under the Federal Hazardous Substances Act 
because those requirements are not sufficiently similar to consumer 
product safety standards or bans to warrant certification.

D. 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 for the children's 
product, the Commission has decided to continue the stay of enforcement 
for consumer products or children's products listed below. This means 
that the Commission will not take enforcement action against the 
manufacturers (including importers) and private labelers of such 
products for not having certificates based on third party testing as 
required by the CPSIA. Products must still comply with these 
regulations including any testing requirements contained in those 
regulations. (For convenience, we have identified the relevant 
regulation or statutory provision applicable to the product.)
     Carpets and rugs (16 CFR parts 1630 and 1631, except that 
the continuation of the stay of enforcement does not extend to 
guarantees under the Flammable Fabrics Act);
     Vinyl plastic film (16 CFR part 1611, except that the 
continuation of the stay of enforcement does not extend to guarantees 
under the Flammable Fabrics Act);
     Wearing apparel (16 CFR part 1610, except that the 
continuation of the stay of enforcement does not extend to guarantees 
under the Flammable Fabrics Act);
     Caps and toy guns (16 CFR part 1500.18(a)(5));
     Phthalates (section 108 of the CPSIA);
     ASTM F963 (Consumer Safety Specifications for Toy Safety) 
(section 106 of the CPSIA);
     Clacker balls (16 CFR parts 1500.18(a)(7), 1500.86(a)(5));
     Baby walkers (In the Federal Register of September 3, 2009 
(74 FR 45704), the Commission issued a proposed rule pertaining to baby 
walker standards);
     Bath seats (In the Federal Register of September 3, 2009 
(74 FR 45719), the Commission issued a proposed rule pertaining to bath 
seats);
     Children's sleepwear (16 CFR parts 1615 and 1616, except 
that the continuation of the stay of enforcement does not extend to 
guarantees under the Flammable Fabrics Act);
     Electronic toys (16 CFR parts 1500.18(b) and 1505); and
     Durable infant products (section 104 of the CPSIA).
    The Commission intends to require testing and certification of 
these

[[Page 68592]]

products once it completes the rulemakings associated with the 
products, issues notices of requirements, or otherwise resolves the 
issues that have warranted a continuation of the stay of enforcement 
for the products.

E. Consumer Products Subject to Pre-Existing Requirements, but That May 
Be Subject to Additional Requirements for Children's Products When the 
Commission Issues a Notice of Requirements for the Children's Product 
or That May Be Subject to Additional Certification Requirements

    In some cases, a product class can consist of products that are 
intended for adults and products that are intended for children 
depending on how the product is marketed. In these situations, the 
general conformity certification requirements in section 14(a)(1) of 
the CPSA would apply to the non-children's product, whereas the third 
party testing and certification requirements in section 14(a)(2) of the 
CPSA would apply to the children's product.
    As stated above in part I.B, the Commission's stay of enforcement 
did not apply to the requirements of any CPSC regulation requiring 
testing, labeling, recordkeeping or certification as it existed before 
the CPSIA. The Commission made clear at the time it issued the stay in 
February of 2009, that its stay did not undo these pre-existing 
testing, labeling, recordkeeping or certification requirements, some of 
which had been in place for certain products for many years. The 
Commission never stayed the certifications required for ATVs 
manufactured after April 13, 2009, nor did it stay the certification 
requirements in the mattress standard which existed prior to the 
passage of the CPSIA. Indeed, there are two mandatory certification 
requirements relating to ATVs that were not stayed: (1) The requirement 
in the mandatory standard for ATVs which requires a certification label 
that contains a certification by the manufacturer; and (2) the 
certification required by CPSA section 42, added by the CPSIA, which 
contains a certification requirement that relates to the ATV Action 
Plans. A third certification, the general conformity certificate for 
ATVs containing all of the information required by section 14(g) of the 
CPSA, will now be required for ATVs effective February 10, 2010. As 
discussed above with regard to bike helmets, the more detailed 
requirements of section 14(g) can be handled in one of two ways: (1) 
The ATV manufacturer can either include this additional information on 
the label on its ATVs such that the label continues to serve as the 
ATV's certificate of compliance; or (2) the manufacturer or importer 
can provide a separate paper or electronic certificate to accompany the 
ATVs.
    The Commission's decision to lift the stay of enforcement will 
require that manufacturers (including importers) and private labelers 
of youth sized ATVs and mattresses primarily intended for children 12 
and younger will need to modify their certificates to include all of 
the information required by section 14(g) of the CPSA. The details of 
the information described in section 14(g) of the CPSA requirements are 
available in a prior Federal Register notice on our Web site at http://
www.cpsc.gov/businfo/frnotices/fr09/certification.pdf. Certificates 
must identify the manufacturer or private labeler issuing the 
certificate and any CPSC recognized third party laboratory on whose 
testing the certificate depends. Section 14(g) of the CPSA also 
requires the certificate to include, at a minimum, the date and place 
of manufacture, the date and place where the product was tested, each 
party's name, full mailing address, telephone number, and contact 
information for the individual responsible for maintaining records of 
the test results. Section 14(g) of the CPSA further requires the 
certificate to be legible and in English and contains other 
requirements pertaining to certificate availability and electronic 
filing.
    The Commission's decision to lift the stay of enforcement means 
that youth ATVs and mattresses intended or designed primarily for 
children 12 and younger are subject to the third party testing and 
certification requirements in section 14(a)(2) of the CPSA. 
Certificates for youth-sized ATVs and mattresses primarily intended for 
use in cribs or exclusively in children's sized beds will need to be 
based upon testing done by a CPSC recognized third party laboratory. 
The Commission has not yet issued a notice of accreditation 
requirements for mattresses or ATVs so no third-party certificates will 
be required until 90 days after the Commission issues such notices of 
requirements. Furthermore, nothing in this notice affects the pre-
existing stay on lead content testing and certification for youth ATVs. 
Youth ATVs and bicycles do not need to be tested for compliance with 
the lead limit of 300 ppm because the Commission has stayed those 
requirements by the issuance of a separate stay which remains in full 
force and effect for all the covered products.
    Adult ATVs and mattresses are not children's products, but those 
consumer products will require testing, either of each product or based 
upon a reasonable testing program, and the issuance of a general 
conformity certificate under section 14(a)(1) of the CPSA. Regardless 
of whether the product is or is not a children's product, the 
certificates for such product must comply with section 14(g) of the 
CPSA. The Commission understands that labels under the existing 
mattress standard and that serve as the certificate of compliance for 
those mattresses cannot be altered or modified without the Commission 
revising its regulation to allow for the additional information 
required by section 14(g) to be contained on the mattress label. The 
Commission directs staff to examine the labeling requirements of the 
mattress rule to determine whether staff should recommend a revision to 
the rule to conform to the requirements of section 14(g). Until the 
Commission acts to address this issue, mattress manufacturers must 
provide general conformity certificates for their products that contain 
all of the required information in section 14(g).

F. Consumer Products Subject to a Pre-Existing Testing, Labeling, 
Recordkeeping or Certificate Requirement and That Now Are Subject to 
Additional Certification Requirements

    As stated above in part I.B, the Commission's stay of enforcement 
did not apply to the requirements of any CPSC regulation requiring 
testing, labeling, recordkeeping or certification as it existed before 
the CPSIA. The Commission made clear at the time it issued the stay in 
February of 2009, that its stay did not undo these pre-existing 
testing, labeling, recordkeeping or certification requirements which 
had been in place for certain products for many years. Several consumer 
products fall into this category, but, as stated immediately above in 
part II.E of this document, the Commission's decision to lift the stay 
of enforcement means that manufacturers (including importers) and 
private labelers of these products may need to modify their 
certificates to include any additional information required by section 
14(g) of the CPSA. (For convenience, we have identified the relevant 
regulation applicable to the product.)
     Architectural glazing (16 CFR part 1201);
     Matchbooks (16 CFR part 1202);
     CB antennas (16 CFR part 1204);
     Lawnmowers (16 CFR part 1205);
     Swimming pool slides (16 CFR part 1207);

[[Page 68593]]

     Candles with lead wicks (16 CFR 1500.12(a)(2) and 
1500.17(a)(13(i)-(ii));
     Cellulose insulation (16 CFR part 1209);
     Garage door openers (16 CFR part 1211);
     Cigarette lighters (16 CFR part 1210);
     Multi-purpose lighters (16 CFR part 1212); and
     Fireworks (16 CFR 1500.14(b)(7), 1500.17(a)(3), 
1500.17(a)(8-9), 1500.17(a)(11-12), 1500.83(a)27, 1500.85(a)(2) and 
part 1507).

III. The Stay

    The United States Consumer Product Safety Commission hereby lifts 
the stay of enforcement that was announced in the Federal Register on 
February 9, 2009 as being effective until February 10, 2010. There will 
be no vote to lift the stay on February 10, 2010 as previously 
described in the Federal Register because the Commission has agreed 
that its issuance of this notice supersedes the earlier requirement for 
a vote on February 10, 2010.
    Thus, as of February 11, 2010, except as stated above in part II, 
manufacturers (including importers) and private labelers of consumer 
products and children's products must comply with the testing and 
certification requirements set forth in paragraphs 14(a)(1), (a)(2), 
(a)(3), and (g) of the CPSA, as amended by section 102(a) of CPSIA. 
Products subject to CPSA or FHSA bans which are not expressly addressed 
by the Commission in this document do not require certification at this 
time. To the extent that any consumer product or children's product 
remains subject to a stay of enforcement as described above in part II, 
the Commission reiterates that such stay of enforcement does not alter 
or otherwise affect the requirement that the products meet all 
applicable product safety rules as defined in the CPSA or similar 
rules, bans, standards, or regulations under any other Act enforced by 
the Commission.

    Dated: December 18, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E9-30663 Filed 12-24-09; 8:45 am]
BILLING CODE 6355-01-P