Extension of the Date by Which Youth All-terrain Vehicles Must Be Tested and Certified, CPSC Docket

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76708 Federal Register/Vol. 75, No. 236/Thursday, December 9, 2010/Notices 33. If yes, how did the perceived and Written Submissions: Submit written CONSUMER PRODUCT SAFETY submissions in the following way: actual benefits compare to estimated COMMISSION Mail/Hand delivery/Courier (for and actual costs over the short- and [CPSC Docket No. CPSC–2010–0115] paper, disk, or CD–ROM submissions), long-run? preferably in five copies, to: Office of Extension of the Date by Which Youth 34. What were the main difficulties the Secretary, U.S. Consumer Product All-Terrain Vehicles Must Be Tested that you experienced during a Safety Commission, Room 820, 4330 and Certified transition/implementation of new data East West Highway, Bethesda, MD standards? What could the organization AGENCY: Consumer Product Safety 20814; telephone (301) 504–7923. developing and maintaining the Instructions: All submissions received Commission. standards do (or avoid) to help alleviate must include the agency name and ACTION: Notice of extension of date of these difficulties? docket number for this notice. All testing and certification of youth all- comments received may be posted 35. Would it be useful to use a terrain vehicles. without change to: http:// standardized, computer readable SUMMARY: The U.S. Consumer Product www.regulations.gov, including any description for financial derivatives Safety Commission (‘‘CPSC’’ or personal information provided. Do not instruments? How would it ...

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76708

Federal RegisterDecember 9, 2010/ Thursday,/ Notices75, No. 236/ Vol.

33. If yes, how did the perceived andCONSUMER PRODUCT SAFETYWritten Submissions:Submit written actual benefits compare to estimatedCOMMISSIONsubmissions in the following way: Mail/Hand delivery/Courier (for and actual costs over the short and [CPSC Docket No. CPSC–2010–0115] paper, disk, or CD–ROM submissions), longrun? preferably in five copies, to: Office of 34. What were the main difficultiesExtension of the Date by Which Youth the Secretary, U.S. Consumer Product AllTerrain Vehicles Must Be Tested that you experienced during a Safety Commission, Room 820, 4330 and Certified transition/implementation of new data East West Highway, Bethesda, MD standards? What could the organization AGENCY:20814; telephone (301) 504–7923.Consumer Product Safety developing and maintaining the Commission.Instructions:All submissions received standards do (or avoid) to help alleviate must include the agency name and ACTION:Notice of extension of date of these difficulties? docket number for this notice. All testing and certification of youth all comments received may be posted 35. Would it be useful to use a terrain vehicles. without change to:http:// standardized, computer readable SUMMARY:The U.S. Consumer Productwww.regulations.gov, including any description for financial derivatives Safety Commission (‘‘CPSC’’information provided. Do notor personal instruments? How would it be useful? ‘‘Commission’’submit confidential business) is announcing that the Would such a standard be useful for Commission has extended, by 60 days,information, trade secret information, or communicating transactions, storing the date by which manufacturersother sensitive or protected information position information, both, or other (including importers) of youth all(such as a Social Security Number) purposes? What would be the costs terrain vehicles (ATVs) must submitelectronically; if furnished at all, such involved? sufficient samples of such products to ainformation should be submitted in 36. How should regulators and third party conformity assessment bodywriting. standard setters implement descriptionDocket:For access to the docket to approved by the Commission for testing standards in the derivatives market?read background documents or and, based on such testing, issue a certificate that the productscomments received, go to:http:// Making computer descriptions legally manufactured after the deadline complywww.regulations.gov. binding: with certain CPSC regulations relating FOR FURTHER INFORMATION CONTACT: 37. Are there currently aspects of to ATVs. The extension is granted Richard McCallion, Program Area Team financial derivatives messaged in a because there are an insufficient number Leader, Office of Hazard Identification computer readable format that have a of third party conformity assessment and Reduction, U.S. Consumer Product legallybinding effect? bodies accredited by the Commission to Safety Commission,10901 Darnestown 38. What information, if any, is notpermit testing and certification under Road, Gaithersburg, MD 20878; email: 1 captured that would be required tothe original schedule. rmccallion@cpsc.gov. make the computer descriptionsDATES:The date aftTVs er which youth A SUPPLEMENTARY INFORMATION: themselves, without reference to othermust be tested by third party conformity I. Introduction materials, legally binding?assessment bodies accredited by the Commission to assess conformity with Section 14(a)(3)(B)(vi) of the CPSA, as 39. What information would need to the CPSC regulations for allterrain added by section 102(a)(2) of the be captured for a legally binding vehicles is extended until January 25, Consumer Product Safety Improvement contract that would not need to be 2011. Act of 2008 (‘‘CPSIA’’), Public Law 110– captured for analyzing the contract? Is Comments in response to this notice 314, directs the CPSC to establish and there a substantial cost differential should be submitted by December 30, publish a notice of requirements for between the processes needed to 2010. Comments on this notice should accreditation of third party conformity capture one set of information versus be captioned‘‘Third Party Testing and assessment bodies to assess children’s another? Certification of Youth AllTerrain products for conformity with‘‘other 40. Would there be a benefit to Vehicles: Request for Stay of children’s product safety rules.’’Section making the computer readableEnforcement and Other Relief.’’ 14(f)(1) of the CPSA defines‘‘children’s descriptions of financial derivatives ADDRESSES:product safety ruleYou may submit comments,’’as‘‘a consumer legally binding? Would there be identified by Docket No. CPSC–2010–product safety rule under [the CPSA] or drawbacks? What are they? 0115, by any of the following methods:similar rule, regulation, standard, or ban Electronic Submissions:any other Act enforced by theSubmit under Other: electronic comments in the followingCommission, including a rule declaring 41. Is there other information not way: aconsumer product to be a banned called for by these questions that we Federal eRulemaking Portal: http://hazardous product or substance.’’Under should consider? www.regulations.gov.section 14(a)(3)(A) of the CPSA, 15Follow the U.S.C. 2063(a)(3)(A), each manufacturer Dated: December 2, 2010.instructions for submitting comments. To ensure timely processing of(including an importer) or private By the CFTC. comments, the Commission is no longerlabeler of products subject to those David Stawick, accepting comments submitted byregulations must have products that are Secretary of the Commission. electronic mail (email) except through:manufactured more than 90 days after By the Commission (SEC). http://www.regulations.gov. theestablishment andFederal Register Elizabeth M. Murphy,publication of a notice of the 1 The Commission voted 3–1–1 to approve thisrequirements for accreditation tested by Secretary. notice. Chairman Inez Tennenbaum, Commissioner a third party conformity assessment [FR Doc. 2010–30905 Filed 12–8–10; 8:45 am] Thomas Moore, and Commissioner Robert Adler body accredited to do so, and must issue approved the notice. Commissioner Nancy Nord BILLING CODE 6351–01–8011–01–P a certificate of compliance with the voted to approve a different version of the notice. Commissioner Anne Northup abstained.applicable regulations based on that

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Federal Register/ Vol./ NoticesDecember 9, 2010/ Thursday,75, No. 236

testing. Pursuant to section 14(a)(3)(F) of the CPSA, the Commission may extend the 90day period by not more than 60 days if the Commission determines that an insufficient number of third party conformity assessment bodies have been accredited to permit certification for a children’s product safety rule. Irrespective of certification, the product in question must comply with applicable CPSC requirements (see, e.g., section 14(h) of the CPSA, as added by section 102(b) of the CPSIA). In theFederal Registerof August 27, 2010 (75 FR 52616) (accessible at http://www.cpsc.gov/businfo/frnotices/ fr10/atv.pdf), the Commission published a notice of requirements that provided the criteria and process for Commission acceptance of accreditation of third party conformity assessment bodies for testing of ATVs designed or intended primarily for children 12 years of age or younger pursuant to 16 CFR part 1420, the CPSC regulations under the CPSA relating to ATVs. The notice of requirements stated that, for youth ATVs manufactured after November 26, 2010, the manufacturer‘‘must issue a certificate of compliance with 16 CFR part 1420 based on’’testing performed by a third party conformity assessment body (75 FR at 52618). The notice also asked for comments on the notice to be received by September 27, 2010. The notice of requirements also stated that the Commission will accept a certificate of compliance with 16 CFR part 1420,Requirements for All Terrain Vehicles,based on testing performed by an accredited third party conformity assessment body (including a governmentowned or government controlled conformity assessment body, or a firewalled conformity assessment body) prior to the Commission’s acceptance of its accreditation, if all the following conditions are met: •When the product was tested, the testing was done by a third party conformity assessment body, which at that time, was ISO/IEC 17025 accredited by an International Laboratory Accreditation CooperationMutual Recognition Arrangement (‘‘ILAC/ MRA’’) signatory. For firewalled conformity assessment bodies, the Commission will not accept a certificate of compliance based upon testing performed by the third party conformity assessment body, unless the firewalled conformity assessment body was accredited, by order, as a firewalled conformity assessment body before the product was tested, even though the order would not have included the test methods in 16 CFR part 1420. •The third party conformity assessment body’s application for

testing using the test methods in 16 CFR part 1420 is accepted by the CPSC on or before October 26, 2010. •The product was tested on or after November 4, 2008 (the date that 16 CFR part 1420 was published). •The accreditation scope in effect for the third party conformity assessment body at the time of testing expressly included testing to 16 CFR part 1420. •The test results show compliance with the applicable current standards and/or regulations. •The third party conformity assessment body’s accreditation, including 16 CFR part 1420 in its scope, remains in effect through the effective date for mandatory third party testing and manufacturer certification for conformity with 16 CFR part 1420. 75 FR at 52619. Obviously, the date specified in that notice for acceptance of such‘‘retrospective’’testing, October 26, 2010, has passed.

II. Requests for Extension

In response to the notice of requirements, the Specialty Vehicle Institute of America (‘‘SVIA’’) filed a comment that included a request that the Commission extend by 60 days the date by which manufacturers must begin testing and certification of youth ATVs. Among the reasons given for the extension were the complexity of 16 CFR part 1420 and that no third party conformity assessment bodies have been accredited by an accrediting body that is a signatory to the ILAC/MRA, a prerequisite for such conformity assessment bodies to be accepted by the CPSC. On November 17, 2010, the SVIA filed a‘‘Petition for Extension and Stay of Enforcement for Third Party Testing for Certain AllTerrain Vehicles.’’The petition requested a 60day extension of the date by which manufacturers must begin testing and certification of youth ATVs, stating that no third party conformity assessment bodies have been accredited by the CPSC to test for conformity with 16 CFR part 1420. The SVIA concluded that it is unlikely that a sufficient number of accredited third party conformity assessment bodies will exist by the end of the requested 60day extension. As a result, the SVIA also requested that the Commission consider additional forms of relief, such as a further stay of enforcement of these requirements for one year (to November 27, 2011). Hereafter, the comment and the petition will be referred to collectively as‘‘the petition.’’

III. Commission Action on the Petition

As to the request for a 60day extension of the date by which

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manufacturers must begin testing and certification of youth ATVs, the Commission is not aware of any third party conformity assessment bodies that have the requisite accreditation by an ILAC–MRA signatory to test for conformity to 16 CFR part 1420. Given this situation, the Commission is granting the request for a 60day extension. The Commission is not granting or denying the request for a oneyear stay of enforcement, or other relief, at this time. The Commission invites comment on this request. Comments should be filed by December 30, 2010. The Commission particularly is interested in comments on: 1. What efforts have been made by ATV manufacturers or others to obtain tests of youth ATVs by third party conformity assessment bodies and to encourage third party conformity assessment bodies to become accredited to do so? 2. What is the status of the efforts of third party conformity assessment bodies to become accredited to test youth ATVs, and how long will it take to obtain such accreditation? 3. What barriers currently exist to gaining accreditation that are specifically related to youth ATVs? 4. How are ATV manufacturers currently demonstrating compliance with the ANSI/SVIA–2007–1 standard? What ATV manufacturers are currently doing inhouse testing of their ATVs for conformance to the standard? What steps, if any, have these manufacturers taken to have their existing inhouse testing facilities become accredited third party conformity assessment bodies? 5. What third party testing facilities are capable of testing youth ATVs to the ANSI/SVIA–2007–1 standard?

IV. Dates Affected by This Extension

This extension is effective beginning on November 27, 2010. Accordingly, each manufacturer of a youth ATV subject to 16 CFR part 1420 must have samples of any such product, or samples that are identical in all material respects to such product, that is manufactured after January 25, 2011, tested by a third party conformity assessment body accredited to do so by the Commission. Further, for youth ATVs manufactured after January 25, 2011, the manufacturer must issue a certificate of compliance with 16 CFR part 1420 based on that testing. (Under the CPSA, the term ‘‘manufacturer’’includes anyone who manufactures or imports a product.See 16 CFR part 1110.) Furthermore, the Commission is changing the dates it had established for when it would accept the results of tests

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Federal Register/ Vol.75, No. 236December 9, 2010/ Thursday,/ Notices

of youth ATVs conducted by a thirdDEPARTMENT OF ENERGYDescription:Sunbury Generation LP party conformity assessment bodysubmits supplement to its notice of non Federal Energy Regulatory before that body became accredited bymaterial change in status pursuant to Commission the CPSC. Accordingly, the Commissionthe Commission’s regulation at 18 CFR, will accept a certificate of complianceSection 35.42. Combined Notice of Filings No. 1 Filed Date:11/18/2010. with 16 CFR part 1420,Requirements Accession Number:20101118–5136. for All Terrain Vehicles,based on November 24, 2010. Comment Date:5 p.m. Eastern Time testing performed by an accredited third Take notice that the Commission on Thursday, December 09, 2010. party conformity assessment body received the following electric corporate (including a governmentowned orDocket Numbers:ER10–1599–002. filings: governmentcontrolled conformityApplicants:Invenergy Cannon Falls Docket Numbers:EC11–23–000. assessment body, or a firewalledLLC. Applicants:Flat Water Wind Farm, conformity assessment body) prior toDescription:Invenergy Cannon Falls LLC., Flat Water Holdings, LLC. the Commission’s acceptance of itsLLC. submits Supplemental Category 1 Description:Application for accreditation, if all the followingExemption Filing, to be effective 11/3/ Authorization of Transaction Pursuant 2010. conditions are met: to Section 203 of the Federal Power Act Filed Date:11/23/2010. •When the product was tested, the of Flat Water Wind Farm, LLC. Accession Number:20101123–5068. testing was done by a third party Filed Date:11/23/2010. Comment Date:5 p.m. Eastern Time conformity assessment body that at that Accession Number:20101123–5111. on Tuesday, December 14, 2010. time was ISO/IEC 17025 accredited byComment Date:5 p.m. Eastern Time Docket Numbers:ER10–1600–002. an ILAC–MRA signatory. For firewalledon Tuesday, December 14, 2010. Applicants:Forward Energy LLC. conformity assessment bodies, the Docket Numbers:EC11–24–000. Description:Forward Energy LLC. Commission will not accept a certificate Applicants:Elk Hills Power, LLC. submits tariff filing per 35: of compliance based on testing Description:Application of Elk Hills Supplemental Category 1 Exemption performed by the third party conformity Power, LLC. Filing to be effective 10/30/2010. assessment body unless the firewalled Filed Date:11/23/2010. Filed Date:11/24/2010. conformity assessment body was Accession Number:20101123–5173. Accession Number:20101124–5034. accredited by a Commission order as a Comment Date:5 p.m. Eastern Time Comment Date:5 p.m. Eastern Time firewalled conformity assessment body on Tuesday, December 14, 2010. on Wednesday, December 15, 2010. before the product was tested, even Take notice that the Commission Docket Numbers:ER10–1601–002. though the order will not have included received the following exempt Applicants:Hardee Power Partners the test methods in 16 CFR part 1420. wholesale generator filings: Limited. •The third party conformity Docket Numbers:EG11–29–000. Description:Hardee Power Partners assessment body’s application for Applicants:Snowflake Power, LLC. Limited submits tariff filing per 35: testing using the test methods in theDescription:SelfCertification of EWG Supplemental Category 1 Exemption regulations identified in this notice isof Snowflake Power, LLC. Filing to be effective 11/3/2010. accepted by the CPSC on or beforeFiled Date:11/23/2010. Filed Date:11/23/2010. December 27, 2010.Accession Number:20101123–5134. Accession Number:20101123–5087. Comment Date:5 p.m. Eastern Time •The product was tested on or afterComment Date:5 p.m. Eastern Time on Tuesday, December 14, 2010. November 4, 2008 (the date that 16 CFRon Tuesday, December 14, 2010. Docket Numbers:EG11–30–000. part 1420 was published).Docket Numbers:ER10–1603–002. Applicants:Evergreen Wind Power Applicants:Grand Ridge Energy LLC. •The accreditation scope in effect for III, LLC. Description:Grand Ridge Energy LLC. the third party conformity assessment Description:Notice of EWG Self submits tariff filing per 35: body at the time of testing expressly Certification of Evergreen Wind Power Supplemental Category 1 Exemption included testing to 16 CFR part 1420. III, LLC. Filing to be effective 11/3/2010. •The test results show compliance Filed Date:11/23/2010. Filed Date:11/24/2010. with the applicable current standards Accession Number:20101123–5135. Accession Number:20101124–5035. and/or regulations. Comment Date:5 p.m. Eastern Time Comment Date:5 p.m. Eastern Time on Tuesday, December 14, 2010. •on Wednesday, December 15, 2010.The third party conformity assessment body’s accreditation,Docket Numbers:EG11–31–000. Docket Numbers:ER10–1604–002. including 16 CFR part 1420 in its scope,Applicants:Paradise Solar Urban Applicants:Grand Ridge Energy II remains in effect through February 7,Renewal, L.L.C. LLC. 2011.Description:Notice of Self Description:Grand Ridge Energy II Certification of Exempt Wholesale LLC. submits tariff filing per 35: Except for the dates that are adjusted Generator Status of Paradise Solar Supplemental Category 1 Exemption by 60 days in this notice, all provisions Urban Renewal, L.L.C. Filing to be effective 11/3/2010. of the notice of requirements published Filed Date:11/23/2010. Filed Date:11/24/2010. on August 27, 2010, 75 FR 52616, Accession Number:20101123–5160. Accession Number:20101124–5036. remain in effect. Comment Date:5 p.m. Eastern Time Comment Date:5 p.m. Eastern Time Dated: December 3, 2010. on Tuesday, December 14, 2010. on Wednesday, December 15, 2010. Todd A. Stevenson, Take notice that the Commission Docket Numbers:ER10–1605–002. Secretary, Consumer Product Safetyreceived the following electric rate Applicants:Grand Ridge Energy III Commission. filings: LLC. [FR Doc. 2010–30981 Filed 12–8–10; 8:45 am] Docket Numbers:ER06–1399–009.Description:Grand Ridge Energy III Applicants:Sunbury Generation LP.LLC. submits tariff filing per 35: BILLING CODE 6355–01–P

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