30 Day FR Notice

87FR38716_30DayNotice_29June2022.pdf

Third Party Testing of Children's Products

30 Day FR Notice

OMB: 3041-0159

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lotter on DSK11XQN23PROD with NOTICES1

38716

Federal Register / Vol. 87, No. 124 / Wednesday, June 29, 2022 / Notices

related to the energy and environmental
markets and their regulation by the
Commission. To advise the Commission
effectively, EEMAC Associate Members
must have a high level of expertise and
experience in the energy and/or
environmental markets and the
Commission’s regulation of such
markets, including from a historical
perspective. To the extent practicable,
the Commission will strive to select
members reflecting wide ethnic, racial,
gender, and age representation. All
EEMAC Associate Members must be
willing to participate in a public forum.
Each nomination submission should
include relevant information about the
proposed Associate Member, such as the
individual’s name, title, organizational
affiliation and address, email address
and telephone number, as well as
information that supports the
individual’s qualifications to serve as an
Associate Member of the EEMAC. The
submission should also include the
name, email address, and telephone
number of the person nominating the
proposed Associate Member. Selfnominations are acceptable.
Submission of a nomination is not a
guarantee of selection as an Associate
Member of the EEMAC. As noted in the
EEMAC’s Charter, the CFTC identifies
Associate Members of the EEMAC
through a variety of methods. Such
methods may include public requests
for nominations for membership;
recommendations from existing
advisory committee members;
consultations with knowledgeable
persons outside the CFTC (industry,
consumer groups, other state or federal
government agencies, academia, etc.);
requests to be represented received from
individuals and organizations; and
Commissioners’ and CFTC staff’s
professional knowledge of those
experienced in the energy and
environmental markets. The office of the
Commissioner primarily responsible for
the EEMAC plays a primary, but not
exclusive, role in this process and
makes recommendations regarding
membership to the Commission. The
Commission, by vote, authorizes
Associate Members to serve on the
EEMAC.
Associate Members may be appointed
as representatives, special government
employees, or regular government
employees. Associate Members serve at
the pleasure of the Commission, and
may be appointed to serve for one, two,
or three-year terms. As required by the
EEMAC Charter, Associate Members
provide their reports and
recommendations directly to the
EEMAC and not the Commission.
Associate Members do not have the

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right to vote on matters before the
EEMAC and may not sign or otherwise
formally approve reports or
recommendations made by the EEMAC
to the Commission. Associate Members
do not receive compensation for their
services, and are not reimbursed for
travel and per diem expenses. The
EEMAC meets at such intervals as are
necessary to carry out its functions and
must meet at least two times per year.
Associate Members are expected to
provide their advice and
recommendations to EEMAC members
during these meetings.
In addition, the Commission invites
submissions from the public regarding
the topics on which EEMAC should
focus. Such topics should:
(a) Reflect matters of concern to
exchanges, trading firms, end users,
energy producers, and regulators
regarding energy and environmental
markets and their regulation by the
Commission; and/or
(b) Are important to otherwise assist
the Commission in identifying and
understanding the impact and
implications of the evolving market
structure of the energy, environmental,
and other related markets.
Each topic submission should include
the commenter’s name and email or
mailing address.
(Authority: 5 U.S.C. App. II)
Dated: June 23, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022–13824 Filed 6–28–22; 8:45 am]
BILLING CODE 6351–01–P

COMMODITY FUTURES TRADING
COMMISSION
Sunshine Act Meetings
9:00 a.m. EDT, Friday,
July 1, 2022.
PLACE: Virtual meeting.
STATUS: Closed.
MATTERS TO BE CONSIDERED:
Enforcement matters. In the event that
the time, date, or location of this
meeting changes, an announcement of
the change, along with the new time,
date, and/or place of the meeting will be
posted on the Commission’s website at
https://www.cftc.gov/.
CONTACT PERSON FOR MORE INFORMATION:
Robert Sidman, 202–418–5317.
Authority: 5 U.S.C. 552b.
TIME AND DATE:

Dated: June 24, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022–13982 Filed 6–27–22; 11:15 am]
BILLING CODE 6351–01–P

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CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2010–0038]

Agency Information Collection
Activities; Proposed Collection;
Comment Request; Third Party Testing
of Children’s Products
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:

In accordance with the
requirements of the Paperwork
Reduction Act (PRA) of 1995, the
Consumer Product Safety Commission
(CPSC) announces that the CPSC has
submitted to the Office of Management
and Budget (OMB) a request for
extension of approval of a collection of
information for Third Party Testing of
Children’s Products, approved
previously under OMB Control No.
3041–0159. In the Federal Register of
April 13, 2022, the CPSC published a
notice to announce the agency’s
intention to seek extension of approval
of the collection of information. The
Commission did not receive any
comments on the proposed extension of
approval. By publication of this notice,
the Commission announces that CPSC
has submitted to the OMB a request for
extension of approval of that collection
of information, without change.
DATES: Submit written or electronic
comments on the collection of
information by July 29, 2022.
ADDRESSES: Submit comments about
this request by email: OIRA_
[email protected] or fax: 202–
395–6881. Comments by mail should be
sent to the Office of Information and
Regulatory Affairs, Attn: OMB Desk
Officer for the CPSC, Office of
Management and Budget, Room 10235,
725 17th Street NW, Washington, DC
20503. In addition, written comments
that are sent to OMB, also should be
submitted electronically at: http://
www.regulations.gov, under Docket No.
CPSC–2010–0038.
FOR FURTHER INFORMATION CONTACT:
Cynthia Gillham, Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814; (301)
504–7791, or by email to: cgillham@
cpsc.gov.
SUPPLEMENTARY INFORMATION: CPSC
seeks to renew the following currently
approved collection of information:
Title: Third Party Testing of
Children’s Products.
OMB Number: 3041–0159.
Type of Review: Renewal of collection
of information for third party testing of
children’s products, which includes: (1)
SUMMARY:

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Federal Register / Vol. 87, No. 124 / Wednesday, June 29, 2022 / Notices

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previously approved burden for marking
and labeling of certain durable infant
and toddler products; (2) the labeling
and recordkeeping requirements (not
covered by the Commission’s third party
testing rule at 16 CFR part 1107) set
forth in the rule establishing
requirements for electrically operated
toys or other electrically operated
articles intended for children (16 CFR
part 1505) (electrically operated toys
and other articles rule); and (3)
recordkeeping and labeling
requirements set forth in the ban on
articles known as ‘‘baby bouncers’’ or
‘‘walker-jumpers’’ (baby bouncer/
walker-jumper rule, 16 CFR
1500.18(a)(6) and 1500.86(a)(4)), or
similar articles that are not covered by
the safety standard for infant walkers
(16 CFR part 1216) and that also are not
covered by the third party testing rule
or any other rule issued under section
104 of the Consumer Product Safety
Improvement Act.
General Description of Collection
Testing and Certification: On
November 8, 2011, the Commission
issued two rules for implementing third
party testing and certification of
children’s products, as required by
section 14 of the Consumer Product
Safety Act (CPSA):
• Testing and Labeling Pertaining to
Product Certification (76 FR 69482,
codified at 16 CFR part 1107; the testing
rule); and
• Conditions and Requirements for
Relying on Component Part Testing or
Certification, or Another Party’s
Finished Product Testing or
Certification to Meet Testing and
Certification Requirements (76 FR
69547, codified at 16 CFR part 1109; the
component part rule).
The testing rule establishes
requirements for manufacturers to
conduct initial third party testing and
certification of children’s products,
testing when there has been a material
change in the product, continuing
testing (periodic testing), and guarding
against undue influence. A final rule on
Representative Samples for Periodic
Testing of Children’s Products (77 FR
72205, Dec. 5, 2012) amended the
testing rule to require that
representative samples be selected for
periodic testing of children’s products.
The component part rule is a
companion to the testing rule that is
intended to reduce third party testing
burdens, by providing all parties
involved in the required testing and
certifying of children’s products the
flexibility to conduct or rely upon
testing where testing is the easiest and
least expensive to accomplish.

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Certification of a children’s product can
be based upon one or more of the
following: (a) component part testing;
(b) component part certification; (c)
another party’s finished product testing;
or (d) another party’s finished product
certification.
Section 1107.26 of the testing rule
states the records required for testing
and selecting representative samples. 16
CFR 1107.26. Required records include
a certificate, and records documenting
third party testing and related sampling
plans. These requirements largely
overlap the recordkeeping requirements
in the component part rule, codified at
16 CFR 1109.5(g). Duplicate
recordkeeping is not required; records
need to be created and maintained only
once to meet the applicable
recordkeeping requirements. The
component part rule requires records
that enable tracing a product or
component back to the entity that had
a product tested for compliance; the rule
also requires attestations of due care to
ensure test result integrity.
Section 104 Rules: The Commission
has issued 26 rules for durable infant
and toddler products under section 104
of the Consumer Product Safety
Improvement Act of 2008 (CPSIA)
(section 104 rules). The Section 104
rules that have been issued, to date,
appear in Table 1. Each section 104 rule
contains requirements for marking,
labeling, and instructional literature:
• Each product and the shipping
container must have a permanent label
or marking that identifies the name and
address (city, state, and zip code) of the
manufacturer, distributor, or seller.
• A permanent code mark or other
product identification shall be provided
on the product and its package or
shipping container, if multiple
packaging is used. The code will
identify the date (month and year) of
manufacture and permit future
identification of any given model.
Each standard also requires products
to include easy-to-read and understand
instructions regarding assembly,
maintenance, cleaning, use, and
adjustments, where applicable. See, e.g.,
sections 8 (marking and labeling) and 9
(instructional literature) of every ASTM
voluntary standard incorporated by
reference into a CPSC mandatory
standard, as listed in Table 1.
OMB has assigned control numbers
for the estimated burden to comply with
marking and labeling requirements in
each section 104 rule. With this
renewal, CPSC is moving the marking
and labeling burden requirements for
four additional section 104 rules that
have been issued since the last renewal
in 2019, into the collection of

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information for Third Party Testing of
Children’s Products (bold font in Table
1). The paperwork burdens associated
with the section 104 rules are
appropriately included in the collection
for Third Party Testing of Children’s
Products because all the section 104
products are also required to be third
party tested. Having all of the burden
hours under one collection for
children’s products provides one OMB
control number and eases the
administrative burden of renewing
multiple collections. CPSC will
discontinue using the OMB control
numbers currently assigned to
individual section 104 rules. The
discontinued OMB control numbers are
listed in Table 1.
Electrically Operated Toys and Other
Articles: The requirements for
electrically operated toys and other
electrically operated articles intended
for use by children are set forth in 16
CFR part 1505. The regulation
establishes certain criteria to use in
determining whether electrically
operated toys and other electrically
operated children’s products are banned
and requires that certain warning and
identification labeling be included on
both the product and the packaging. The
regulation also requires that
manufacturers establish a quality
assurance program to assure compliance
and to keep records pertaining to the
quality assurance program.
Additionally, manufacturers or
importers must keep records of the sale
and distribution of the products.
Baby-Bouncer/Walker-Jumper Rule:
The requirements for baby bouncers,
baby walkers, and similar articles that
are not covered by 16 CFR part 1216
(Safety Standard for Infant Walkers) are
set forth under 16 CFR 1500.18(a)(6) and
1500.86(a)(4). These regulations
establish criteria to use in determining
whether certain baby-bouncers, walkerjumpers, or similar products are banned.
The regulation requires that each
product be labeled with information
that will permit future identification by
the manufacturer of the particular
model of bouncer or walker-jumper. In
addition, manufacturers must maintain
records of sale, distribution, and results
of tests and inspections for 3 years and
make such records available to CPSC,
upon request. Products covered under
this regulation are not duplicative of an
existing section 104 rule.
Frequency of Response: On occasion.
Affected Public: Manufacturers and
importers of children’s products subject
to a children’s product safety rule.
Estimated Number of Respondents
Testing and Certification: The
recordkeeping requirements in parts

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Federal Register / Vol. 87, No. 124 / Wednesday, June 29, 2022 / Notices

1107 and 1109 apply to all
manufacturers or importers of children’s
products that are covered by one or
more children’s product safety rules
promulgated and/or enforced by CPSC.
To estimate the number of respondents,
we reviewed every industry category in
the NAICS and selected industry
categories that included firms that could
manufacture or sell such children’s
products. Using data from the U.S.
Census Bureau, we determined that
there are more than 20,000
manufacturers, almost 85,000
wholesalers, and about 263,000 retailers

1.2 million children’s apparel and
footwear products are covered by the
rules.
Section 104 Rules: Table 1
summarizes the section 104 rules for
durable infant or toddler products
subject to the marking and labeling
requirement that have been or are now
being moved into OMB control number
3041–0159. Table 1 contains the
estimated number of manufacturers and
models and the total respondent hours.
The four new section 104 rules being
moved into this information collection
are shown in bold text.

in these categories. However, not all of
the firms in these categories
manufacture or import children’s
products that are covered by children’s
product safety rules. Therefore, these
numbers would constitute a high
estimate of the number of firms that are
subject to the recordkeeping
requirements. Accordingly, when
calculating the recordkeeping burden,
CPSC relies on estimates of the number
of children’s products that are
manufactured or imported. We estimate
that approximately 311,400 non-apparel
children’s products and approximately

TABLE 1: ESTIMATED BURDEN FOR MARKING AND LABELING IN SECTION 104 RULES
Discontinued OMB
control No.
3041–0145
3041–0141
3041–0150
3041–0157
3041–0147
3041–0147
3041–0152
3041–0160
3041–0155
3041–0149
3041–0158
3041–0162
3041–0164
3041–0167
3041–0174
3041–0166
3041–0173
3041–0172

..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............

3041–0170 ..............
3041–0171 ..............
3041–0175 ..............
3041–0178 ..............
3041–0179 ..............
3041–0182 ..............
3041–0185 ..............
Total Burden
Hours.

16 CFR part

Description

1215
1216
1217
1218
1219
1220
1221
1222
1223
1224
1225
1226
1227
1228
1229
1230
1231
1232

Safety Standard for Infant Bath Seats .......................
Safety Standard for Infant Walkers ............................
Safety Standard for Toddler Beds ..............................
Safety Standard for Bassinets and Cradles ...............
Safety Standard for Full-Size Cribs ............................
Safety Standard for Non-Full-Size Cribs ....................
Safety Standard for Play Yards ..................................
Safety Standard for Infant Bedside Sleepers .............
Safety Standard for Swings ........................................
Safety Standard for Portable Bedrails ........................
Safety Standard for Hand-Held Infant Carriers ..........
Safety Standard for Soft Infant and Toddler Carriers
Safety Standard for Carriages and Strollers ..............
Safety Standard for Sling Carriers .............................
Safety Standard for Infant Bouncer Seats .................
Safety Standard for Frame Child Carriers ..................
Safety Standard for High Chairs ................................
Safety Standard for Children’s Folding Chairs and
Stools.
Safety Standard for Hook-On-Chairs .........................
Safety Standard for Infant Bath Tubs .........................
Safety Standard for Baby Changing Products ...........
Safety Standard for Infant Sleep Products .................
Safety Standard for Booster Seats .............................
Safety Standard for Stationary Activity Centers .........
Safety Standard for Gates and Enclosures ................
Safety Standard for Crib Mattresses ..........................
.....................................................................................

1233
1234
1235
1236
1237
1238
1239
1241
........................

Mfrs.

Total
respondent
hours

Models

12
19
111
72
80
39
34
13
6
18
78
44
100
1,000
26
14
83
17

2
4
10
4
13
2
4
2
8
2
2
3
7
2
4
3
3
2

24
76
1,110
288
1,040
78
136
26
48
36
156
132
700
* 8,500
104
42
249
34

7
27
141
1,325
52
11
127
38
........................

1
2
6
6,528
2
4
3.6
10
........................

7
54
846
* 68,650
104
44
* 9,496
380
92,280

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* Includes additional hours for instructional literature.
* Includes 6,500 hours for instructional literature.
** Includes 60,000 hours for instructional literature.
*** Includes 8,000 hours for instructional literature. The total estimated burden associated with labels is 1,416 hours. Eighty small firms produce
2 models, while an additional 37 entities are estimated to produce 8 models. Therefore, the 127 entities produce, on average, 3.6 models.

Electrically Operated Toys and Other
Articles Rule: CPSC staff estimates that
about 40 manufacturers and importers
are subject to this regulation.
Baby-Bouncer/Walker-Jumper Rule:
CPSC staff estimates that about six firms
are subject to the testing and
recordkeeping requirements of this
regulation.
Estimated Time per Response
Testing and Certification: We estimate
that approximately 311,400 non-apparel
children’s products are covered by the

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rule and that an average of 5 hours per
year will be needed for the
recordkeeping associated with these
products. We also estimate that there are
approximately 1.2 million children’s
apparel and footwear products, for
which an average of 3 hours of
recordkeeping will be required per year.
Manufacturers that are required to
conduct periodic testing have an
additional recordkeeping burden
estimated at 4 hours per representative
sampling plan.

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Section 104 Rules: Each section 104
rule contains a similar analysis for
marking and labeling that estimates the
time to make any necessary changes to
marking and labeling requirements at 1
hour per model. Some section 104 rules
also contain requirements for
instructional literature, and we have
included estimates for instructional
literature in this analysis, where
required.
Electrically Operated Toys and Other
Articles: Products subject to this
regulation are also subject to the

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requirements of the testing rule.
Therefore, the burden of any duplicative
recordkeeping requirements will not be
reported here, to avoid double-counting
the burden. CPSC staff estimates that the
additional burden imposed by this
regulation over that imposed by the
testing rule, is 30 minutes per product,
to maintain sales and distribution
records for 3 years, and 1 hour to make
labeling changes per model.
Baby-Bouncer/Walker-Jumpers CPSC
staff estimates that firms will spend 1
hour per model on recordkeeping
requirements, and 1 hour per model on
labeling requirements.
Total Estimated Annual Burden
Testing and Certification: The total
estimated annual burden for
recordkeeping associated with the
testing rule is 5.2 million hours
((311,400 non-apparel children’s
products × 5 hours per non-apparel
children’s product) + (1,200,000
children’s apparel products × 3 hours
per children’s apparel product) = 1.6
million hours + 3.6 million hours, or a
total of 5.2 million hours). Next, we
describe the potential additional annual
burden associated with use of a
representative sampling plan and
component part testing.
Representative Sampling Plans for
Periodic Testing: We estimate that if
each product line averages 50
individual models or styles, then a total
of 30,000 individual representative
sampling plans (1.5 million children’s
products ÷ 50 models or styles) would
need to be developed and documented.
This would require 120,000 hours
(30,000 plans × 4 hours per plan). If
each product line averages 10
individual models or styles, then a total
of 150,000 different representative
sampling plans (1.5 million children’s
products ÷ 10 models or styles) would
need to be documented. This would
require 600,000 hours (150,000 plans ×
4 hours per plan). Accordingly, the
requirement to document the basis for
selecting representative samples could
increase the estimated annual burden by
up to 600,000 hours.
Component Part Testing: The
component part rule shifts some testing
costs and some recordkeeping costs to
suppliers of component parts and
finished products because some testing
will be performed by these parties,
rather than by the finished product
certifiers (manufacturers and importers).
Even if a finished product certifier can
rely entirely on component part and
finished product suppliers for all
required testing, however, the finished
product supplier will still have some
recordkeeping burden to create and

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maintain a finished product certificate.
Therefore, although the component part
testing rule may reduce the total cost of
the testing required by the testing and
certification rule, the rule increases the
estimated annual recordkeeping burden
for those who choose to use component
part testing.
Because we do not know how many
companies participate in component
part testing and supply test reports or
certifications to other certifiers in the
supply chain, we have no concrete data
to estimate the recordkeeping and third
party disclosure requirements in the
component part rule. Likewise, no clear
method exists for estimating the number
of finished product certifiers who
conduct their own component part
testing. In the component part
rulemaking, we suggested that the
recordkeeping burden for the
component part testing rule could
amount to 10 percent of the burden
estimated for the testing and labeling
rule. 76 FR 69546, 69579 (Nov. 8, 2011).
Currently, we have no basis to change
this estimate.
In addition to recordkeeping, the
component part rule requires third party
disclosure of test reports and
certificates, if any, to a certifier who
intends to rely on such documents to
issue its own certificate. Without data,
allocation of burden estimation between
the recordkeeping and third party
disclosure requirements is difficult.
However, based on our previous
analysis, we continue to estimate that
creating and maintaining records
accounts for approximately 90 percent
of the burden, while the third party
disclosure burden is much less,
approximately 10 percent. Therefore, if
we continue to use the estimate that
component part testing will amount to
about 10 percent of the burden
estimated for the testing rule, then the
hour burden of the component part rule
is estimated to be about 520,000 hours
total annually (10% of 5.2 million
hours); allocating 468,000 hours for
recordkeeping and 52,000 hours for
third party disclosure.
Section 104 Rules: The burden for
marking and labeling for each section
104 rule is provided in Table 1. The
estimated total number of respondent
hours is 92,280.
Electrically Operated Toys and Other
Articles Rule: Assuming each of the 40
firms produces 10 new models per year,
the estimated annual burden is 200
hours for recordkeeping (40 firms × .5
hour × 10 models) and 400 hours for
labeling changes (40 firms × 1 hour × 10
models), for a total estimated annual
burden of 600 hours.

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38719

Baby-Bouncer/Walker-Jumper Rule:
Firms are expected to test, on average,
four new models per year. Accordingly,
the estimated annual burden is 12 hours
on recordkeeping (6 firms × 1 hour × 2
models), and 12 hours on labeling (6
firms × 1 hour × 2 models), for a total
estimated annual burden of 24 hours per
year.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2022–13937 Filed 6–28–22; 8:45 am]
BILLING CODE 6355–01–P

DEPARTMENT OF EDUCATION
Applications for New Awards; Promise
Neighborhoods (PN) Program
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Notice.
AGENCY:

The Department of Education
is issuing a notice inviting applications
for fiscal year (FY) 2022 for the PN
program, Assistance Listing Number
84.215N. This notice relates to the
approved information collection under
OMB control number 1894–0006.
DATES:
Applications Available: June 29, 2022.
Deadline for Notice of Intent to Apply:
July 29, 2022.
Date of Pre-Application Meetings: The
Department will hold pre-application
meetings via webinar for prospective
applicants. Detailed information
regarding pre-application webinars will
be provided on the PN website at
https://oese.ed.gov/offices/office-ofdiscretionary-grants-support-services/
school-choice-improvement-programs/
promise-neighborhoods-pn/.
Deadline for Transmittal of
Application: September 27, 2022.
Deadline for Intergovernmental
Review: November 28, 2022.
ADDRESSES: For the addresses for
obtaining and submitting an
application, please refer to our Common
Instructions for Applicants to
Department of Education Discretionary
Grant Programs, published in the
Federal Register on December 27, 2021
(86 FR 73264) and available at
www.federalregister.gov/d/2021-27979.
Please note that these Common
Instructions supersede the version
published on February 13, 2019, and, in
part, describe the transition from the
requirement to register in SAM.gov a
Data Universal Numbering System
(DUNS) number to the implementation
of the Unique Entity Identifier (UEI).
SUMMARY:

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