[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Rules and Regulations]
[Pages 12587-12588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04533]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1610
Statement of Policy on Enforcement Discretion Regarding General
Conformity Certificates for Adult Wearing Apparel Exempt From Testing
AGENCY: U.S. Consumer Product Safety Commission.
ACTION: Statement of enforcement policy.
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SUMMARY: The Consumer Product Safety Commission (``CPSC'') has approved
a Statement of Policy regarding the CPSC's enforcement of the
requirement for a general conformity assessment certificate (``GCC'')
with respect to adult wearing apparel that is exempt from testing under
the CPSC's clothing flammability standard.
DATES: Effective March 25, 2016.
FOR FURTHER INFORMATION CONTACT: Mary Toro, Director, Division of
Regulatory Enforcement, Office of Compliance, U.S. Consumer Product
Safety Commission, 4330 East-West Highway, Bethesda, MD 20814;
telephone: (301)-504-7586 email: [email protected].
SUPPLEMENTARY INFORMATION:
A. Background
The Consumer Product Safety Improvement Act (``CPSIA'') was enacted
on August 14, 2008 (Pub. L. 110-314). Section 102(A) of the CPSIA
requires that all manufacturers of consumer products subject to a rule,
standard, or ban enforced by the CPSC issue a general conformity
certificate (``GCC'') certifying that ``based on a test of each product
or upon a reasonable testing program, that such product complies with
all rules, bans, standards, or regulations applicable to the product.''
\1\
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\1\ 122 Stat. at 3022, 102(a).
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B. Flammable Fabrics Act and Related Regulations
In 1953, Congress enacted the Flammable Fabrics Act (``FFA'') in
response to a number of serious injuries and deaths resulting from
burns associated with garments made from high-pile rayon.\2\ The
clothing flammability standard at 16 CFR part 1610 (``1610'' or ``the
Standard'') provides for classification of various types of fabrics and
describes in detail the test method to determine flammability.
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\2\ Floyd B. Oglesbay, The Flammable Fabrics Problem, 44
Pediatrics 827 (1969), available at http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1730418/pdf/v004p00317.pdf.
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Section 1610.1(c) excepts from the flammability standard certain
hats, gloves, footwear, and interlining fabrics. Because this section
specifically says that the ``standard shall not apply to'' these
articles, they are not ``subject to'' a rule, standard, or ban under
section 102(a) of the CPSIA, and therefore manufacturers and importers
are neither subject to the regulation nor required to produce a GCC for
these products.
Section 1610.1(d), conversely, exempts from testing, but not from
the standard as a whole, garments made entirely from certain fabrics
that the Commission has consistently found not to be flammable. These
include:
(1) Plain surface fabrics, regardless of fiber content, weighing
2.6 ounces per square yard or more; and
(2) All fabrics, both plain surface and raised-fiber surface
textiles, regardless of weight, made entirely from any of the
following fibers or entirely from combination of the following
fibers: Acrylic, modacrylic, nylon, olefin, polyester, wool.
Because products made from these fabrics are exempt from testing
but not excepted from the standard as a whole, they are still ``subject
to'' a rule, standard, or ban and manufacturers and importers of these
exempted products have been required to issue a GCC.
C. Rationale for Enforcement Discretion
Experience gained from years of testing in accordance with 16 CFR
part 1610 demonstrates that the exempted fabrics referenced above
consistently yield acceptable results when tested in accordance with
the Standard. This experience allowed an exemption from testing in the
Standard, for the purpose of issuing guaranties.\3\ The Standard allows
persons or firms issuing an initial guaranty of any of the referenced
fabrics, or of products made entirely from one or more of these
fabrics, an exemption from any requirement for testing to support
guaranties of those fabrics.
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\3\ 16 CFR 1610.1(d).
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Certificates of compliance for children's products and other
consumer products regulated by the Commission serve many vital
purposes, not least of which is to assure our compliance staff that
these goods have met the testing requirements set forth in our rules.
Adult apparel is rarely, if ever, subject to more than one CPSC
regulation. Many retailers are issuing GCCs simply noting an exemption
from testing to the Standard. The Commission believes the issuance of
GCCs for these products is not necessary for CPSC staff to enforce the
Standard because the Commission has granted a testing exemption to
these fabrics and adult apparel made from these fabrics is unlikely to
be subject to other consumer product safety rules, standards, or bans.
This proposal provides an opportunity to reduce costs to manufacturers
and importers without affecting consumer safety.
D. Statement of Policy
The Commission votes to exercise the following enforcement
discretion: Effective March 25, 2016, the Commission will not pursue
compliance or enforcement actions against manufacturers, importers or
private labelers for failure to certify or to issue, provide or make
available to the Commission a general conformity certificate as
required by 15 U.S.C. 2063(a)(1) with respect to adult wearing apparel
that is exempt from testing pursuant to 16 CFR 1610.1(d).
E. Limitations of Enforcement Discretion
The intent of this enforcement discretion should be read narrowly
within its precise terms. The Commission will use enforcement
discretion only for certificate violations related to the indicated
product category. These products must still comply with all
flammability requirements under the FFA; failure to comply with
flammability standards will still subject the products to enforcement
action.
Further, this enforcement discretion does not apply to any adult
wearing apparel that does not fit the specific testing exemptions
provided for in 16 CFR 1610.1(d). For example, if a manufacturer
produced a garment made from a plain surface silk fabric that weighs
less than 2.6 ounces per square yard, that garment would not fall
within the exemption, and the manufacturer would still be expected to
produce a GCC. Should the Commission become aware of unsafe products
entering the market as a result of this statement of policy, it
reserves the right to withdraw the policy prospectively with no less
than 90 days' notice.
This statement of policy, and the enforcement discretion described
herein, is limited to certificates required for adult wearing apparel
that is exempt from testing pursuant to 16 CFR
[[Page 12588]]
1610.1(d). If the adult wearing apparel is not exempt from testing
under 16 CFR 1610.1(d), none of this policy, the enforcement discretion
described in this policy nor the implications of such enforcement
discretion shall apply. In addition, any misrepresentation or omission
regarding the applicable facts or application of 16 CFR 1610.1(d) under
the circumstances could subject the applicable firm to applicable
compliance or enforcement action and potential civil and/or criminal
penalties.
The Commission's exercise of the enforcement discretion described
in this policy is not intended to, does not and may not be relied upon
to create any right or benefit, substantive or procedural, enforceable
at law by any party against the CPSC or otherwise against the United
States government.
Dated: February 26, 2016.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2016-04533 Filed 3-9-16; 8:45 am]
BILLING CODE 6355-01-P