[Federal Register: December 20, 2010 (Volume 75, Number 243)]
[The Regulatory Plan]
[Page 79693-79695]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de10-431]
171. TESTING, CERTIFICATION, AND LABELING OF CERTAIN CONSUMER PRODUCTS
Priority:
Economically Significant. Major under 5 USC 801.
Legal Authority:
PL 110-314, sec 102
CFR Citation:
Not Yet Determined
Legal Deadline:
NPRM, Statutory, November 14, 2009.
Abstract:
Section 102(b) of the Consumer Product Safety Improvement Act of 2008
(CPSIA), Public Law 110-314 (Aug. 14, 2008), requires the Commission to
initiate by regulation, no later than 15 months after the date of
enactment: (1) A program by which a manufacturer or private labeler may
label a consumer product as complying with the certification
requirements of section 102(a) of the CPSIA; (2) protocols and
standards (i) for ensuring that a children's product tested for
compliance with an applicable children's product safety rule is subject
to testing periodically and when there has been a material change in
the product's design or manufacturing process, including the sourcing
of component parts; (ii) for the testing of random samples to ensure
continued compliance; (iii) for verifying that a children's product
tested by a conformity assessment body complies with applicable
children's product safety rules; and (iv) for safeguarding against the
exercise of undue influence on a third-party conformity assessment body
by a manufacturer or private labeler. In May 2010, the Commission
published a Notice of Proposed Rulemaking (NPRM) in the Federal
Register. The proposed rule defined a reasonable testing program for
non-children's products subject to a rule, ban, standard, or regulation
enforced by the Commission and additional third-party testing
requirement for children's products.
Statement of Need:
Section 102(d) of the Consumer Product Safety Improvement Act of 2008
(CPSIA) requires the Consumer Product Safety Commission (CPSC) to
engage in rulemaking to establish requirements pertaining to the
testing, certification, and labeling of certain consumer products. CPSC
also has elected to issue regulations regarding a ``reasonable testing
program'' under section 102(a) of the CPSIA to establish the elements
of such a program.
Summary of Legal Basis:
Section 102(b) of the CPSIA requires the Commission to initiate by
regulation: (1) A program by which a manufacturer or private labeler
may label a consumer product as complying with the certification
requirements of section 102(a) of the CPSIA; (2) protocols and
standards (i) for ensuring that a children's product tested for
compliance with an applicable children's product safety rule is subject
to testing periodically and when there has been a material change in
the product's design or manufacturing process, including the sourcing
of component parts; (ii) for the testing of random samples to ensure
continued compliance; (iii) for verifying that a children's product
tested by a conformity assessment body complies with applicable
children's product safety rules; and (iv) for safeguarding against the
exercise of undue influence on a third-party conformity assessment body
by a manufacturer or private labeler.
[[Page 79694]]
Section 102(a) of the CPSIA requires manufacturers of certain products
to certify, based on a test of each product or upon a reasonable
testing program, that such product comports with all rules, bans,
standards, or regulations applicable to the product under laws enforced
by CPSC. Section 3 of the CPSIA authorizes the Commission to issue
regulations, as necessary, to implement the CPSIA and the amendments
made by the CPSIA.
Alternatives:
The preamble to the proposed rule invited comment on alternatives such
as: (1) Establishing different compliance or reporting requirements
that take into account the resources available to small businesses; (2)
clarifying, consolidating, or simplifying compliance and reporting
requirements for small entities; (3) using performance rather than
design standards; and (4) exempting small entities to the extent
statutorily permissible under section 14 of the CPSA. However, the
proposal would give firms considerable discretion to determine the
precise nature of their testing programs (including the number of
samples to be tested and testing frequency). As for exemptions, the
statute does not appear to give the Commission the authority to exempt
firms from the testing or certification requirements, so it may not be
possible to exempt firms within section 14 of the CPSA.
Anticipated Cost and Benefits:
The congressional mandate to issue this regulation does not require the
Consumer Product Safety Commission to do a cost/benefit analysis for
this regulation. Therefore, a cost/benefit analysis is not available
for this regulatory action.
Risks:
Congress determined a need for testing, and in the case of children's
products, third-party testing to ensure compliance with the Agency's
standards. The Agency's standards address unreasonable risks of injury
associated with consumer products; testing and certification to these
standards provide an extra assurance that the consumer products are
free from those unreasonable risks of injury; and through such testing
programs, encourage manufacturers to address possible risks in the
early stages of product manufacture. Given the breadth of the risks of
injury the Agency's standards address and the number of products that
are subject to testing or third-party testing, it is not possible to
provide an analysis of the magnitude of the risk this regulatory action
addresses.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
Staff Sends Briefing
Package to the
Commission 04/01/10
Commission Decision 05/05/10
NPRM 05/20/10 75 FR 28336
NPRM Comment Period End 08/03/10
Staff Sends Briefing
Package to Commission 01/00/11
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
None
Agency Contact:
Randy Butturini
Project Manager
Consumer Product Safety Commission
Office of Hazard Identification and Reduction
4330 East West Highway
Bethesda, MD 20814-4408
Phone: 301 504-7562
Email: rbutturini@cpsc.gov
RIN: 3041-AC71
BILLING CODE 6355-01-S
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