Extension of the Date by Which Neck Floats Must Be Tested and Certified Subject to the Submission of Samples
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Abstract
The U.S. Consumer Product Safety Commission (Commission or CPSC) is announcing that the Commission is extending, by 60 days, the date by which manufacturers (including importers) of neck floats must comply with the third party testing and certification requirements for children's products under the Consumer Product Safety Act (CPSA). The extension is being provided because the Commission has determined that there is an insufficient number of third party conformity assessment bodies accredited by the Commission to permit testing and certification of neck floats by the effective date of June 15, 2026. To be eligible for this extension, manufacturers (including importers) must submit a sample of the finished product, intended for sale, to the Commission. This extension for third party testing and certification does not apply to any other requirements of the neck float final rule. All neck floats within the scope of the neck float final rule must be sold in compliance with all other requirements of that rule as of June 15, 2026, the effective date of the final rule.
Full Text
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<title>Federal Register, Volume 91 Issue 96 (Tuesday, May 19, 2026)</title>
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[Federal Register Volume 91, Number 96 (Tuesday, May 19, 2026)]
[Notices]
[Pages 29118-29120]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09977]
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CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2024-0039]
Extension of the Date by Which Neck Floats Must Be Tested and
Certified Subject to the Submission of Samples
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of extension of date of testing and certification of
neck floats.
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SUMMARY: The U.S. Consumer Product Safety Commission (Commission or
CPSC) is announcing that the Commission is extending, by 60 days, the
date by which manufacturers (including importers) of neck floats must
comply with the third party testing and certification requirements for
children's products under the Consumer Product Safety Act (CPSA). The
extension is being provided because the
[[Page 29119]]
Commission has determined that there is an insufficient number of third
party conformity assessment bodies accredited by the Commission to
permit testing and certification of neck floats by the effective date
of June 15, 2026. To be eligible for this extension, manufacturers
(including importers) must submit a sample of the finished product,
intended for sale, to the Commission. This extension for third party
testing and certification does not apply to any other requirements of
the neck float final rule. All neck floats within the scope of the neck
float final rule must be sold in compliance with all other requirements
of that rule as of June 15, 2026, the effective date of the final rule.
DATES: For eligible manufacturers or importers who have submitted a
sample to the Commission, the date after which neck floats must be
tested by third party conformity assessment bodies accredited by the
Commission to assess conformity with the CPSC regulations for neck
floats is extended until August 16, 2026.
FOR FURTHER INFORMATION CONTACT: Matthew Dreyfus, Acting Associate
Executive Director, Directorate of Laboratory Sciences, U.S. Consumer
Product Safety Commission, 5 Research Place, Rockville, MD 20850;
telephone: 301-987-2094; email: <a href="/cdn-cgi/l/email-protection#88c5ccfaedf1eefdfbc8ebf8fbeba6efe7fe"><span class="__cf_email__" data-cfemail="fab7be889f839c8f89ba998a8999d49d958c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On December 15, 2025, the Commission published a final rule
amending the mandatory toy safety standard in 16 CFR part 1250 to
establish additional performance requirements and revised labeling
requirements for neck floats to address fatal hazards associated with
those products. 90 FR 58096. The neck floats rule will be codified at
16 CFR 1250.5 and be effective on June 15, 2026.
In the final rule, the Commission also amended CPSC's list of
notice of requirements (NORs) to include the neck floats rule, also
effective June 15, 2026. 90 FR 58134; 16 CFR 1112.15(b). Products
subject to a consumer product safety rule under the CPSA, or to a
similar rule, ban, standard, or regulation under any other act enforced
by the Commission, must be certified as complying with all applicable
CPSC-enforced requirements. 15 U.S.C. 2063(a). Under section 14(a)(2)
of the CPSA, certification of children's products subject to a
children's product safety rule must be based on testing conducted by a
CPSC-accepted third party conformity assessment body. 15 U.S.C.
2063(a)(2). The Commission's rule at 16 CFR part 1112 establishes
requirements for CPSC acceptance of third party conformity assessment
bodies (laboratories) to test for conformance with a children's product
safety rule in accordance with section 14(a)(2) of the CPSA. Part 1112
will list the NOR for neck floats at 16 CFR 1112.15(b)(32)(v), as
Safety Standard for Toys: Requirements for Neck Floats, upon the
effective date of the rule.
Pursuant to the final rule, laboratories applying for CPSC-
acceptance as a third party conformity assessment body to test to the
new requirements for neck floats are required to meet the third party
conformity assessment body accreditation requirements in Part 1112. A
laboratory that meets the requirements to be a CPSC-accepted third
party conformity assessment body for the neck floats rule can apply to
CPSC to have 16 CFR 1250.5 included in its scope of accreditation as
reflected on the CPSC website at: <a href="http://www.cpsc.gov/labsearch">www.cpsc.gov/labsearch</a>.
Currently, there are no third party conformity assessment bodies
approved by CPSC to test to the neck float requirements in 16 CFR
1250.5. As such, there are currently no CPSC-accepted third party
conformity assessment bodies that can test neck floats for compliance,
which would allow manufacturers or importers to obtain third party
certification of those products to the requirements for neck floats in
16 CFR 1250.5.
II. Statutory Authority To Provide a 60-Day Extension
The CPSA requires children's product manufacturers to submit
sufficient samples of a product, or samples that are identical in all
material respects to such product for compliance testing by a CPSC-
accepted third party conformity assessment body. 15 U.S.C. 2063(a)(2).
In addition, based on passing test results from that testing,
manufacturers must issue a children's product certificate. Id. That
requirement applies to any children's product manufactured more than 90
days after the Commission has established and published notice of the
requirements. Id. 2063(a)(3)(A).
The CPSA also states that 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, the Commission may extend the deadline for certification to the
rule by not more than 60 days. 15 U.S.C. 2063(a)(3)(F). Regardless of
whether a product is compliant with the testing and certification
requirements, the children's product in question still must comply with
all other applicable CPSC requirements. Id. at 2063(h).
III. Extension of the Date by Which Neck Floats Must Be Tested and
Certified
At this time, there are no CPSC-accepted third party conformity
assessment bodies that have been accredited to certify neck floats to
the requirements in 16 CFR 1250.5. Therefore, the Commission is
exercising its discretion pursuant to 15 U.S.C. 2063(a)(3)(F) to
provide a 60-day extension to comply with the testing and certification
requirements in the final rule to eligible manufacturers and importers
subject to the following conditions. To be eligible for the 60-day
extension to comply with the third party testing and certification
requirements for neck floats, manufacturers (including importers) must
first submit a sample of the finished product, intended for sale, to
the Commission. See 15 U.S.C. 2076(f). To submit a sample, please
coordinate with CPSC by contacting the individual listed under FOR
FURTHER INFORMATION CONTACT. A sample of the product, intended for
sale, must first be submitted to CPSC before a manufacturer or importer
is eligible for this extension.
The extension is effective on June 15, 2026 and will extend the
compliance date for the testing and certification requirements from
June 15, 2026, to August 16, 2026. Accordingly, manufacturers of a neck
float subject to 16 CFR 1250.5 must have sufficient samples of any such
product, or samples that are identical in all material respects to such
product, that is manufactured after August 16, 2026, tested by a third
party conformity assessment body accredited to do so by the Commission.
Further, for neck floats manufactured after August 16, 2026, the
manufacturer must issue a certificate of compliance with 16 CFR 1250.5
based on that testing.
The 60-day extension of compliance for third party testing does not
apply to any other requirements of the final rule. All neck floats
within the scope of these regulations must be sold in compliance with
the specified requirements in 16 CFR 1250.5 as of June 15, 2026, the
effective date of the final rule. In addition, except for the dates
that are adjusted by 60 days in this notice, all provisions of the NOR
published on
[[Page 29120]]
December 15, 2025, 90 FR 58096, remain in effect.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2026-09977 Filed 5-18-26; 8:45 am]
BILLING CODE 6355-01-P
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