Notice2026-09977

Extension of the Date by Which Neck Floats Must Be Tested and Certified Subject to the Submission of Samples

Primary source

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Published
May 19, 2026

Issuing agencies

Consumer Product Safety Commission

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&#160;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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Indexed from Federal Register on May 19, 2026.

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