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Third Party Testing for Certain Children's Products; Youth All

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					                                                  52616              Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Rules and Regulations

                                                  prior public comment would result in a                    Issued in Renton, Washington, on August             To ensure timely processing of
                                                  significant change from the substance                   18, 2010.                                             comments, the Commission is no longer
                                                  contained herein. Therefore, because a                  Jeffrey E. Duven,                                     accepting comments submitted by
                                                  delay would significantly affect the                    Acting Manager, Transport Airplanes                   electronic mail (e-mail) except through
                                                  certification of the airplane, which is                 Directorate, Aircraft Certification Service.          http://www.regulations.gov.
                                                  imminent, the FAA has determined that                   [FR Doc. 2010–21449 Filed 8–26–10; 8:45 am]             Written Submissions: Submit written
                                                  prior public notice and comment are                     BILLING CODE 4910–13–P                                submissions in the following way:
                                                  unnecessary and impracticable, and                                                                              Mail/Hand delivery/Courier (for
                                                  good cause exists for adopting these                                                                          paper, disk, or CD–ROM submissions)
                                                  special conditions upon issuance. The                   CONSUMER PRODUCT SAFETY                               preferably in five copies, to: Office of the
                                                  FAA is requesting comments to allow                     COMMISSION                                            Secretary, U.S. Consumer Product
                                                  interested persons to submit views that                                                                       Safety Commission, Room 820, 4330
                                                  may not have been submitted in                          [CPSC Docket No. CPSC–2010–0090]                      East West Highway, Bethesda, Maryland
                                                  response to the prior opportunities for                                                                       20814; telephone (301) 504–7923.
                                                                                                          16 CFR Part 1420                                        Instructions: All submissions received
                                                  comment described above.
                                                                                                                                                                must include the agency name and
                                                  List of Subjects in 14 CFR Part 25                      Third Party Testing for Certain
                                                                                                                                                                docket number for this notice. All
                                                                                                          Children’s Products; Youth All-Terrain
                                                    Aircraft, Aviation safety, Reporting                                                                        comments received may be posted
                                                                                                          Vehicles: Requirements for
                                                  and recordkeeping requirements.                                                                               without change to http://
                                                                                                          Accreditation of Third Party
                                                    The authority citation for these                                                                            www.regulations.gov, including any
                                                                                                          Conformity Assessment Bodies
                                                  special conditions is as follows:                                                                             personal information provided. Do not
                                                                                                          AGENCY: Consumer Product Safety                       submit confidential business
                                                    Authority: 49 U.S.C. 106(g), 40113, 44701,
                                                                                                          Commission.                                           information, trade secret information, or
                                                  44702, 44704.
                                                                                                          ACTION: Notice of requirements.                       other sensitive or protected information
                                                  The Special Conditions                                                                                        (such as a Social Security Number)
                                                                                                          SUMMARY: The Consumer Product Safety                  electronically; if furnished at all, such
                                                  ■ Accordingly, pursuant to the authority                Commission (CPSC or Commission) is                    information should be submitted in
                                                  delegated to me by the Administrator,                   issuing a notice of requirements that                 writing.
                                                  the following special conditions are                    provides the criteria and process for                   Docket: For access to the docket to
                                                  issued as part of the supplemental type                 Commission acceptance of accreditation                read background documents or
                                                  certification basis for Embraer Model                   of third party conformity assessment                  comments received, go to http://
                                                  ERJ 170–100 SU series airplanes                         bodies for testing of all-terrain vehicles            www.regulations.gov.
                                                  modified by C&D Zodiac, Inc.                            (ATVs) designed or intended primarily
                                                     1. Except as provided in special                                                                           FOR FURTHER INFORMATION CONTACT:
                                                                                                          for children 12 years of age or younger               Richard McCallion, Program Area Team
                                                  condition number 3, below, compliance                   pursuant to 16 CFR part 1420, the CPSC
                                                  with heat-release and smoke-emission                                                                          Leader, Office of Hazard Identification
                                                                                                          regulations under the Consumer Product                and Reduction, U.S. Consumer Product
                                                  testing requirements of § 25.853, and                   Safety Act (CPSA) relating to ATVs. The
                                                  Appendix F, parts IV and V, is required                                                                       Safety Commission, 10901 Darnestown
                                                                                                          Commission is issuing this notice of                  Road, Gaithersburg, MD 20878; e-mail
                                                  for seats that incorporate non-                         requirements pursuant to section
                                                  traditional, large, non-metallic panels                                                                       rmccallion@cpsc.gov.
                                                                                                          14(a)(3)(B)(vi) of the CPSA (15 U.S.C.
                                                  that may be either a single component                   2063(a)(3)(B)(vi)).                                   SUPPLEMENTARY INFORMATION:
                                                  or multiple components in a
                                                  concentrated area in their design.                      DATES: Effective Date: The requirements               I. Introduction
                                                     2. The applicant may designate up to                 for accreditation of third party                         Section 14(a)(3)(B)(vi) of the CPSA, as
                                                  and including 1.5 square feet of non-                   conformity assessment bodies to assess                added by section 102(a)(2) of the
                                                  traditional, non-metallic panel material                conformity with 16 CFR part 1420 are                  Consumer Product Safety Improvement
                                                  per seat place that does not have to                    effective August 27, 2010.1                           Act of 2008 (CPSIA), Public Law 110–
                                                  comply with special condition number                       Comments in response to this notice                314, directs the CPSC to establish and
                                                  1, above. A triple-seat assembly may                    of requirements should be submitted by                publish a notice of requirements for
                                                  have a total of 4.5 square feet excluded                September 27, 2010. Comments on this                  accreditation of third party conformity
                                                  on any portion of the assembly (e.g.,                   notice should be captioned ‘‘Third Party              assessment bodies to assess children’s
                                                  outboard seat place, 1 square foot;                     Testing for Certain Children’s Products;              products for conformity with ‘‘other
                                                  middle, 1 square foot; and inboard, 2.5                 All-Terrain Vehicles: Requirements for                children’s product safety rules.’’ Section
                                                  square feet).                                           Accreditation of Third Party Conformity               14(f)(1) of the CPSA defines ‘‘children’s
                                                     3. Seats do not have to meet the test                Assessment Bodies.’’                                  product safety rule’’ as ‘‘a consumer
                                                  requirements of part 25, Appendix F,                    ADDRESSES: You may submit comments,                   product safety rule under [the CPSA] or
                                                  parts IV and V, when installed in                       identified by Docket No. CPSC–2010–                   similar rule, regulation, standard, or ban
                                                  compartments that are not otherwise                     00_, by any of the following methods:                 under any other Act enforced by the
                                                  required to meet these requirements.                       Electronic Submissions: Submit                     Commission, including a rule declaring
                                                  Examples include:                                       electronic comments in the following                  a consumer product to be a banned
                                                     a. Airplanes with passenger capacities               way:                                                  hazardous product or substance.’’ Under
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                                                  of 19 or less,                                             Federal eRulemaking Portal: http://                section 14(a)(3)(A) of the CPSA, each
                                                     b. Airplanes that do not have § 25.853,              www.regulations.gov. Follow the                       manufacturer (including an importer) or
                                                  Amendment 25–61 or later, in their                      instructions for submitting comments.                 private labeler of products subject to
                                                  certification basis and do not need to                                                                        those regulations must have products
                                                                                                            1 The Commission voted 4–0–1 to publish this
                                                  comply with the requirements of                                                                               that are manufactured more than 90
                                                                                                          notice of requirements. Chairman Inez M.
                                                  § 121.312, and                                          Tenenbaum issued a statement, and the statement
                                                                                                                                                                days after the establishment and Federal
                                                     c. Airplanes exempted from § 25.853,                 can be found at http://www.cpsc.gov/pr/               Register publication of a notice of the
                                                  Amendment 25–61 or later.                               statements.html.                                      requirements for accreditation tested by


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                                                                     Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Rules and Regulations                                                52617

                                                  a third party conformity assessment                     determining whether a youth ATV is a                  assessment bodies (those that are
                                                  body accredited to do so, and must issue                children’s product the Commission will                owned, managed, or controlled by a
                                                  a certificate of compliance with the                    be guided by the statutory factors listed             manufacturer or private labeler of a
                                                  applicable regulations based on that                    at section 3(a)(2)(A) through (D) of the              children’s product to be tested by the
                                                  testing. The Commission may extend                      CPSA. Such a determination will                       third party conformity assessment body
                                                  the 90-day period by not more than 60                   indicate whether a given Category Y–                  for certification purposes and that seek
                                                  days if the Commission determines that                  12+ ATV is intended primarily for                     accreditation under the additional
                                                  an insufficient number of third party                   children age 12 or younger, which                     statutory criteria for ‘‘firewalled’’
                                                  conformity assessment bodies have been                  would necessitate the third party testing             conformity assessment bodies); and (3)
                                                  accredited to permit certification for a                and certification requirements in section             third party conformity assessment
                                                  children’s product safety rule. Any                     14(a)(2) of the CPSA. (For example, if a              bodies owned or controlled, in whole or
                                                  requests for an extension should contain                manufacturer sells a ‘‘Category T’’ ATV,              in part, by a government.
                                                  detailed facts showing why an extension                 which is generally intended for use by                   The Commission requires baseline
                                                  is necessary.                                           a 14 year old operator under adu1t                    accreditation of each category of third
                                                     Section 14(a)(2) of the CPSA, as added               supervision or by an operator age 16 or               party conformity assessment body to the
                                                  by section 102(a)(2) of the CPSIA,                      older, it might impact the age range of               International Organization for
                                                  requires that certification be based on                 the intended primary users of the                     Standardization (ISO)/International
                                                  testing of sufficient samples of the                    Category Y–12+ ATV.) Accordingly, in                  Electrotechnical Commission (IEC)
                                                  product, or samples that are identical in               determining whether a particular ATV                  Standard 17025:2005, ‘‘General
                                                  all material respects to the product. The               is a children’s product subject to the                Requirements for the Competence of
                                                  Commission also emphasizes that,                        third party testing and certification                 Testing and Calibration Laboratories.’’
                                                  irrespective of certification, the product              requirements of section 14(a)(2) of the               The accreditation must be by an
                                                  in question must comply with                            CPSA, the Commission will follow the                  accrediting body that is a signatory to
                                                  applicable CPSC requirements (see, e.g.,                factors set forth in section 3(a)(2) of the           the International Laboratory
                                                  section 14(h) of the CPSA, as added by                  CPSA and will not rely solely on a                    Accreditation Cooperation-Mutual
                                                  section 102(b) of the CPSIA).                           statement by the manufacturer about the               Recognition Arrangement (ILAC–MRA),
                                                     The Commission also is recognizing                   ATV’s intended use.                                   and the scope of the accreditation must
                                                  limited circumstances in which it will                     The CPSC also recognizes that section              include testing in accordance with the
                                                  accept certifications based on product                  14(a)(3)(B)(vi) of the CPSA is captioned              regulations identified earlier in part I of
                                                  testing conducted before the third party                ‘‘All Other Children’s Product Safety                 this document for which the third party
                                                  conformity assessment body is accepted                  Rules,’’ but the body of the statutory                conformity assessment body seeks to be
                                                  as accredited by the CPSC. The details                  requirement refers only to ‘‘other                    accredited by the CPSC.
                                                  regarding those limited circumstances                   children’s product safety rules.’’                       (A description of the history and
                                                  can be found in part IV of this document                Nevertheless, section 14(a)(3)(B)(vi) of              content of the ILAC–MRA approach and
                                                  below.                                                  the CPSA could be construed as                        of the requirements of the ISO/IEC
                                                     This notice provides the criteria and                requiring a notice of requirements for                17025:2005 laboratory accreditation
                                                  process for Commission acceptance of                    ‘‘all’’ other children’s product safety               standard is provided in the CPSC staff
                                                  accreditation of third party conformity                 rules, rather than a notice of                        briefing memorandum ‘‘Third Party
                                                  assessment bodies for testing pursuant                  requirements for ‘‘some’’ or ‘‘certain’’              Conformity Assessment Body
                                                  to 16 CFR part 1420, Requirements for                   children’s product safety rules.                      Accreditation Requirements for Testing
                                                  All Terrain Vehicles, which                             However, whether a particular rule                    Compliance with 16 CFR Part 1501
                                                  incorporates by reference the applicable                represents a ‘‘children’s product safety              (Small Parts Regulations),’’ dated
                                                  provisions of the American National                     rule’’ may be subject to interpretation,              November 2008 and available on the
                                                  Standard for Four Wheel All-Terrain                     and the Commission staff is continuing                CPSC’s Web site at http://www.cpsc.gov/
                                                  Vehicles, ANSI/SVIA 1–2007. Section                     to evaluate which rules, regulations,                 library/foia/foia09/brief/smallparts.pdf.)
                                                  3(a)(2) of the CPSA defines a children’s                standards, or bans are ‘‘children’s                      The Commission has established an
                                                  product as ‘‘a consumer product                         product safety rules.’’ The CPSC intends              electronic accreditation registration and
                                                  designed or intended primarily for                      to issue additional notices of                        listing system that can be accessed via
                                                  children 12 years of age or younger.’’                  requirements for other rules which the                its Web site at http://www.cpsc.gov/
                                                  Although all-terrain vehicles (ATVs) are                Commission determines to be                           ABOUT/Cpsia/labaccred.html.
                                                  often for general use (that is, not                     ‘‘children’s product safety rules.’’                     The Commission stayed the
                                                  produced specifically for use by                           This notice of requirements applies to             enforcement of certain provisions of
                                                  children), some ‘‘youth ATVs’’ are                      all third party conformity assessment                 section 14(a) of the CPSA in a notice
                                                  ‘‘designed or intended primarily for                    bodies as described in section 14(f)(2) of            published in the Federal Register on
                                                  children 12 years of age or younger.’’                  the CPSA that desire to test all-terrain              February 9, 2009 (74 FR 6396). The stay
                                                  The ANSI/SVIA 1–2007 standard                           vehicles to the requirements of 16 CFR                applied to testing and certification of
                                                  identifies a usage category of Y (Youth                 part 1420 where the test results will be              various products, including ATVs.2 On
                                                  Model) ATVs that consists of three                      used as the basis for a certification that            December 28, 2009, the Commission
                                                  subcategories: (a) Category Y–6+, for                   ATVs comply with CPSC’s requirements                  published a notice in the Federal
                                                  youth model ATVs intended for use by                    at 16 CFR 1420. Such third party                      Register (74 FR 68588) revising the
                                                  children age 6 or older; (b) Category Y–                conformity assessment bodies can be                   terms of the stay. Section II.G of the
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                                                  10+, for youth model ATVs intended for                  grouped into three general categories:                December 28, 2009, notice stated ‘‘[t]he
                                                  use by children age 10 or older; and (c)                (1) Third party conformity assessment                 Commission has not yet issued a notice
                                                  Category Y–12+, for youth model ATVs                    bodies that are not owned, managed, or                of accreditation requirements for * * *
                                                  intended for use by children age 12 or                  controlled by a manufacturer or private               ATVs so no third-party certificates will
                                                  older. For the purposes of this notice of               labeler of a children’s product to be
                                                  requirements, the term ‘‘youth ATVs’’ at                tested by the third party conformity                    2 Two mandatory certification requirements
                                                  a minimum refers to categories Y–6+                     assessment body for certification                     relating to ATVs were not stayed. See 74 FR at
                                                  and Y–10+ in ANSI/SVIA 1–2007. In                       purposes; (2) ‘‘firewalled’’ conformity               68592.



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                                                  52618              Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Rules and Regulations

                                                  be required until 90 days after the                     requirements for accreditation of                     conformity assessment body owned or
                                                  Commission issues such [a] notice[ ] of                 firewalled and governmental conformity                controlled, in whole or in part, by a
                                                  requirements.’’ As the factor preventing                assessment bodies are described in parts              government if:
                                                  the stay from being lifted in the                       II.B and II.C of this document below.                    • To the extent practicable,
                                                  December 28, 2009 notice with regard to                    The Commission will maintain on its                manufacturers or private labelers
                                                  testing and certifications of ATVs was                  Web site an up-to-date listing of the                 located in any nation are permitted to
                                                  the absence of a notice of requirements,                third party conformity assessment                     choose conformity assessment bodies
                                                  publication of this notice has the effect               bodies whose accreditations it has                    that are not owned or controlled by the
                                                  of lifting the stay with regard to 16 CFR               accepted and the scope of each                        government of that nation;
                                                  part 1420.                                              accreditation. Subject to the limited                    • The third party conformity
                                                     This notice of requirements is                       provisions for acceptance of                          assessment body’s testing results are not
                                                  effective on August 27, 2010. Further, as               ‘‘retrospective’’ testing noted in part IV            subject to undue influence by any other
                                                  the publication of this notice of                       below, once the Commission adds a                     person, including another governmental
                                                  requirements effectively lifts the stay of              third party conformity assessment body                entity;
                                                  enforcement with regard to testing and                  to that list, the third party conformity                 • The third party conformity
                                                  certifications related to 16 CFR part                   assessment body may commence testing                  assessment body is not accorded more
                                                  1420, each manufacturer of a youth ATV                  of children’s products to support the                 favorable treatment than other third
                                                  subject to 16 CFR part 1420 must have                   manufacturer’s certification that the                 party conformity assessment bodies
                                                  samples of any such product, or samples                 product complies with the regulations                 which have been accredited in the same
                                                  that are identical in all material respects             identified earlier in part I of this                  nation;
                                                  to such product, tested by a third party                document.                                                • The third party conformity
                                                  conformity assessment body accredited                                                                         assessment body’s testing results are
                                                                                                          B. Additional Accreditation                           accorded no greater weight by other
                                                  to do so. Further, for youth ATVs                       Requirements for Firewalled Conformity
                                                  manufactured after November 26, 2010,                                                                         governmental authorities than those of
                                                                                                          Assessment Bodies                                     other accredited third party conformity
                                                  the manufacturer must issue a certificate
                                                  of compliance with 16 CFR part 1420                        In addition to the baseline                        assessment bodies; and
                                                  based on that testing. (Under the CPSA,                 accreditation requirements in part II.A                  • The third party conformity
                                                  the term ‘‘manufacturer’’ includes                      of this document above, firewalled                    assessment body does not exercise
                                                                                                          conformity assessment bodies seeking                  undue influence over other
                                                  anyone who manufactures or imports a
                                                                                                          accredited status must submit to the                  governmental authorities on matters
                                                  product.)
                                                     This notice of requirements is exempt                Commission copies, in English, of their               affecting its operations or on decisions
                                                  from the notice and comment                             training documents showing how                        by other governmental authorities
                                                  rulemaking requirements of the                          employees are trained to notify the                   controlling distribution of products
                                                  Administrative Procedure Act, 5 U.S.C.                  Commission immediately and                            based on outcomes of the third party
                                                  553 (see section 14(a)(3)(G) of the CPSA,               confidentially of any attempt by the                  conformity assessment body’s
                                                  added by section 102(a)(2) of the CPSIA                 manufacturer, private labeler, or other               conformity assessments.
                                                  (15 U.S.C. 2063(a)(3)(G)).                              interested party to hide or exert undue                  The Commission will accept the
                                                                                                          influence over the third party                        accreditation of a governmental third
                                                  II. Accreditation Requirements                          conformity assessment body’s test                     party conformity assessment body if it
                                                  A. Baseline Third Party Conformity                      results. This additional requirement                  meets the baseline accreditation
                                                  Assessment Body Accreditation                           applies to any third party conformity                 requirements of part II.A of this
                                                  Requirements                                            assessment body in which a                            document above and meets the
                                                                                                          manufacturer or private labeler of a                  additional conditions stated here. To
                                                    For a third party conformity                          children’s product to be tested by the                obtain this assurance, CPSC staff will
                                                  assessment body to be accredited to test                third party conformity assessment body                engage the governmental entities
                                                  children’s products for conformity with                 owns an interest of 10 percent or more.               relevant to the accreditation request.
                                                  the test methods in the regulations                     While the Commission is not addressing
                                                  identified earlier in part I of this                                                                          III. How does a third party conformity
                                                                                                          common parentage of a third party
                                                  document, it must be accredited by an                                                                         assessment body apply for acceptance
                                                                                                          conformity assessment body and a
                                                  ILAC–MRA signatory accrediting body,                                                                          of its accreditation?
                                                                                                          children’s product manufacturer at this
                                                  and the accreditation must be registered                time, it will be vigilant to see if this                 The Commission has established an
                                                  with, and accepted by, the Commission.                  issue needs to be addressed in the                    electronic accreditation acceptance and
                                                  A listing of ILAC–MRA signatory                         future.                                               registration system accessed via the
                                                  accrediting bodies is available on the                     As required by section 14(f)(2)(D) of              Commission’s Internet site at http://
                                                  Internet at http://ilac.org/membersby                   the CPSA, the Commission must                         www.cpsc.gov/about/cpsia/
                                                  category.html. The accreditation must                   formally accept, by order, the                        labaccred.html. The applicant provides,
                                                  be to ISO Standard ISO/IEC 17025:2005,                  accreditation application of a third party            in English, basic identifying information
                                                  General Requirements for the                            conformity assessment body before the                 concerning its location, the type of
                                                  Competence of Testing and Calibration                   third party conformity assessment body                accreditation it is seeking, and
                                                  Laboratories, and the scope of the                      can become an accredited firewalled                   electronic copies of its ILAC–MRA
                                                  accreditation must expressly include                    conformity assessment body.                           accreditation certificate and scope
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                                                  testing to the regulations in 16 CFR part                                                                     statement, and firewalled third party
                                                  1420, Requirements for All Terrain                      C. Additional Accreditation                           conformity assessment body training
                                                  Vehicles. A true copy, in English, of the               Requirements for Governmental                         document(s), if applicable.
                                                  accreditation and scope documents                       Conformity Assessment Bodies                             Commission staff will review the
                                                  demonstrating compliance with the                         In addition to the baseline                         submission for accuracy and
                                                  requirements of this notice must be                     accreditation requirements of part II.A               completeness. In the case of baseline
                                                  registered with the Commission                          of this document above, the CPSIA                     third party conformity assessment
                                                  electronically. The additional                          permits accreditation of a third party                bodies and government-owned or


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                                                                     Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Rules and Regulations                                          52619

                                                  government-controlled conformity                           • When the product was tested, the                 Advancement Act of 1996 (CAAA) to
                                                  assessment bodies, when that review                     testing was done by a third party                     the entitlement and termination
                                                  and any necessary discussions with the                  conformity assessment body that at that               requirements for Social Security child’s
                                                  applicant are satisfactorily completed,                 time was ISO/IEC 17025 accredited by                  benefits to stepchildren. Under the
                                                  the third party conformity assessment                   an ILAC–MRA signatory. For firewalled                 CAAA, we consider a stepchild as
                                                  body in question is added to the CPSC’s                 conformity assessment bodies, the                     dependent on a stepparent to receive
                                                  list of accredited third party conformity               Commission will not accept a certificate              child’s benefits based on the
                                                  assessment bodies at http://                            of compliance based on testing                        stepparent’s earnings only if the
                                                  www.cpsc.gov/about/cpsia/                               performed by the third party conformity               stepchild receives at least one-half
                                                  labaccred.html. In the case of a                        assessment body unless the firewalled                 support from the stepparent. Also, we
                                                  firewalled conformity assessment body                   conformity assessment body was                        terminate a stepchild’s benefits that are
                                                  seeking accredited status, when the                     accredited by order as a firewalled                   based on the stepparent’s earnings if the
                                                  staff’s review is complete, the staff                   conformity assessment body before the                 stepchild’s parent or adoptive parent
                                                  transmits its recommendation on                         product was tested, even though the                   and the stepparent divorce, unless the
                                                  accreditation to the Commission for                     order will not have included the test                 stepparent adopted the stepchild and
                                                  consideration. (A third party conformity                methods in the regulations specified in               the stepchild can qualify for benefits as
                                                  assessment body that may ultimately                     this notice.                                          the stepparent’s adopted child.
                                                  seek acceptance as a firewalled third                      • The third party conformity                       DATES: This final rule will be effective
                                                  party conformity assessment body also                   assessment body’s application for                     September 27, 2010.
                                                  can initially request acceptance as a                   testing using the test methods in the
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT:
                                                  third party conformity assessment body                  regulations identified in this notice is
                                                  accredited for testing of children’s                                                                          Peter White, Office of Income Security
                                                                                                          accepted by the CPSC on or before
                                                  products other than those of its owners.)                                                                     Programs, Social Security
                                                                                                          October 26, 2010.
                                                                                                                                                                Administration, 6401 Security
                                                  If the Commission accepts a staff                          • The product was tested on or after
                                                  recommendation to accredit a firewalled                                                                       Boulevard, Baltimore, MD 21235–6401,
                                                                                                          November 4, 2008 (the date that 16 CFR
                                                  conformity assessment body, the                                                                               (410) 594–2041. For information on
                                                                                                          part 1420 was published), with respect
                                                  Commission will issue an order making                                                                         eligibility or filing for benefits, call our
                                                                                                          to the regulations identified in this
                                                  the required statutory findings and the                                                                       national toll-free number, 1–800–772–
                                                                                                          notice;
                                                  firewalled conformity assessment body                      • The accreditation scope in effect for            1213 or TTY 1–800–325–0778, or visit
                                                  will then be added to the CPSC’s list of                the third party conformity assessment                 our Internet site, Social Security Online,
                                                  accredited third party conformity                       body at the time of testing expressly                 at http://www.socialsecurity.gov.
                                                  assessment bodies. In each case, the                    included testing to the regulations                   SUPPLEMENTARY INFORMATION:
                                                  Commission will notify the third party                  identified earlier in part I of this                  Electronic Version
                                                  conformity assessment body                              document.
                                                  electronically of acceptance of its                        • The test results show compliance                   The electronic file of this document is
                                                  accreditation. All information to                       with the applicable current standards                 available on the date of publication in
                                                  support an accreditation acceptance                     and/or regulations; and                               the Federal Register at http://
                                                  request must be provided in the English                    • The third party conformity                       www.gpoaccess.gov/fr/index.html.
                                                  language.                                               assessment body’s accreditation,                      Determining Stepchild Dependency
                                                     Subject to the limited provisions for                including inclusion in its scope the
                                                  acceptance of ‘‘retrospective’’ testing                 standards described in part I of this                    A stepchild may be entitled to receive
                                                  noted in part IV of this document below,                notice, remains in effect through the                 Social Security child’s benefits based on
                                                  once the Commission adds a third party                  effective date for mandatory third party              a stepparent’s Social Security earnings
                                                  conformity assessment body to the list,                 testing and manufacturer certification                record if the stepchild is dependent on
                                                  the third party conformity assessment                   for conformity with 16 CFR part 1611.                 a stepparent and the stepparent is
                                                  body may begin testing of children’s                                                                          entitled to Social Security benefits
                                                                                                            Dated: August 20, 2010.
                                                  products to support certification of                                                                          because he or she is disabled, retires, or
                                                  compliance with the regulations                         Todd A. Stevenson,                                    dies.1 In those situations, the stepchild’s
                                                  identified earlier in part I of this                    Secretary, Consumer Product Safety                    benefits help replace the lost support
                                                  document for which it has been                          Commission.                                           from the stepparent. Prior to the
                                                  accredited.                                             [FR Doc. 2010–21199 Filed 8–26–10; 8:45 am]           CAAA,2 we considered a stepchild to be
                                                                                                          BILLING CODE 6355–01–P                                dependent on a stepparent if the
                                                  IV. Limited Acceptance of Children’s
                                                                                                                                                                stepchild was either ‘‘living with’’ or
                                                  Product Certifications Based on Third
                                                                                                                                                                receiving at least one-half support from
                                                  Party Conformity Assessment Body
                                                                                                          SOCIAL SECURITY ADMINISTRATION                        the stepparent. The CAAA revised the
                                                  Testing Prior to the Commission’s
                                                                                                                                                                Social Security Act (Act) so that a
                                                  Acceptance of Accreditation                             20 CFR Part 404                                       stepchild’s living with a stepparent is
                                                    The Commission will accept a                          [Docket No. SSA–2006–0154]                            not a basis for determining that a
                                                  certificate of compliance with 16 CFR                                                                         stepchild is dependent on the
                                                  part 1420, Requirements for All Terrain                 RIN 0960–AF78                                         stepparent.3 Now, we consider a
                                                  Vehicles, based on testing performed by                                                                       stepchild to be dependent on a
WReier-Aviles on DSKGBLS3C1PROD with RULES




                                                  an accredited third party conformity                    Entitlement and Termination
                                                                                                                                                                stepparent only if the stepchild is
                                                  assessment body (including a                            Requirements for Stepchildren
                                                                                                                                                                receiving at least one-half support from
                                                  government-owned or government-                         AGENCY:    Social Security Administration.            the stepparent.4
                                                  controlled conformity assessment body,                  ACTION:   Final rule.
                                                  or a firewalled conformity assessment                                                                           1 42 U.S.C. 402(d)(1)(C).
                                                  body) prior to the Commission’s                         SUMMARY:  We are revising our                           2 Public Law 104–121.
                                                  acceptance of its accreditation if all the              regulations to reflect changes made in                  3 Section 104(a) of the CAAA.

                                                  following conditions are met:                           the Contract with America                               4 42 U.S.C. 402(d)(4).




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