Comment from Steven Johannessen

This comment is made with respect to CPSC Docket No. CPSC-2010-0038, Proposed Subpart C – Certification of Children’s Products. The proposed rule would require a manufacturer or importer of a children’s product to certify that the product complies with every rule (etc.) enforced by the CPSC based on testing by a third party conformity assessment body accredited by the CPSC. One of these rules is the Flammable Fabrics Act. To date, the CPSC has not accredited any laboratory to test fabrics nor defined a test method. Although some fabrics may be exempt from such testing, it is not clear if such fabrics when coated, for example with a waterproof coating, remain exempt from flammability testing. Many fabrics are not exempt from flammability testing in the first place. Since it is not possible to use a CPSC approved third party conformity assessment body for flammability testing when none have been approved, it is also not possible to issue a conformity certificate based on such testing. Does this mean that an importer of these products does not need to issue a certificate of compliance because the CPSC has not certified laboratories for this rule or does it mean that such products cannot be imported until the CPSC does certify laboratories for this rule?