82 FR 32379 - Minimum Scheme Requirements To Certify Criminal Justice Restraints Described in NIJ Standard 1001.00

DEPARTMENT OF JUSTICE
Office of Justice Programs

Federal Register Volume 82, Issue 133 (July 13, 2017)

Page Range		32379-32381
FR Document		2017-14638

The National Institute of Justice (NIJ) announces publication of Minimum Scheme Requirements to Certify Criminal Justice Restraints Described in NIJ Standard 1001.00. The minimum scheme requirements are found in the Supplementary Information below, as well as in the document found here: https://www.ncjrs.gov/pdffiles1/nij/250566.pdf. NIJ Standard 1001.00, Criminal Justice Restraints Standard, was published in the Federal Register on November 19, 2014, and may be found here: https://federalregister.gov/a/2014-27367. All references to ``Criminal Justice Restraints Certification Program Requirements, NIJ CR-1001.00'' in NIJ Standard 1001.00, including in Section 1.1.1 of that standard, shall be understood to refer to the Minimum Scheme Requirements published here. NIJ has been working with conformity assessment bodies to develop acceptable criteria by which NIJ would recognize a product certification scheme operated by a certification body in the private sector. Certification better ensures that quality restraints are available to criminal justice practitioners. In the interest of officer safety and public safety, NIJ anticipates recognizing certification programs in the private sector that meet or exceed the minimum scheme requirements. Certification bodies that are interested in developing a product certification scheme for restraints described in NIJ Standard 1001.00 should contact NIJ at the contact information listed below. As previously noted (https://www.federalregister.gov/d/2016-22057), Safety Equipment Institute (SEI), which is accredited by the American National Standards Institute (ANSI) to ISO/IEC 17065 Conformity assessment -- Requirements for bodies certifying products, processes and services, has established a certification program for restraints described in NIJ Standard 1001.00. ISO/IEC 17065 is a joint endeavor of the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC). Further guidance on recognition of this certification program or others will be published in the Federal Register at a future date, to be determined.

Federal Register, Volume 82 Issue 133 (Thursday, July 13, 2017)

[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Notices]
[Pages 32379-32381]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14638]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Office of Justice Programs

[OJP (NIJ) Docket No. 1741]


Minimum Scheme Requirements To Certify Criminal Justice 
Restraints Described in NIJ Standard 1001.00

AGENCY: National Institute of Justice, Justice.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The National Institute of Justice (NIJ) announces publication 
of Minimum Scheme Requirements to Certify Criminal Justice Restraints 
Described in NIJ Standard 1001.00. The minimum scheme requirements are 
found in the Supplementary Information below, as well as in the 
document found here: https://www.ncjrs.gov/pdffiles1/nij/250566.pdf. 
NIJ Standard 1001.00, Criminal Justice Restraints Standard, was 
published in the Federal Register on November 19, 2014, and may be 
found here: https://federalregister.gov/a/2014-27367. All references to 
``Criminal Justice Restraints Certification Program Requirements, NIJ 
CR-1001.00'' in NIJ Standard 1001.00, including in Section 1.1.1 of 
that standard, shall be understood to refer to the Minimum Scheme 
Requirements published here.
    NIJ has been working with conformity assessment bodies to develop 
acceptable criteria by which NIJ would recognize a product 
certification scheme operated by a certification body in the private 
sector. Certification better ensures that quality restraints are 
available to criminal justice practitioners. In the interest of officer 
safety and public safety, NIJ anticipates recognizing certification 
programs in the private sector that meet or exceed the minimum scheme 
requirements. Certification bodies that are interested in developing a 
product certification scheme for restraints described in NIJ Standard 
1001.00 should contact NIJ at the contact information listed below. As 
previously noted (https://www.federalregister.gov/d/2016-22057), Safety 
Equipment Institute (SEI), which is accredited by the American National 
Standards Institute (ANSI) to ISO/IEC 17065 Conformity assessment --
Requirements for bodies certifying products, processes and services, 
has

[[Page 32380]]

established a certification program for restraints described in NIJ 
Standard 1001.00. ISO/IEC 17065 is a joint endeavor of the 
International Organization for Standardization (ISO) and the 
International Electrotechnical Commission (IEC). Further guidance on 
recognition of this certification program or others will be published 
in the Federal Register at a future date, to be determined.

FOR FURTHER INFORMATION CONTACT: Mark Greene, Policy and Standards 
Division Director, Office of Science and Technology, National Institute 
of Justice, 810 7th Street NW., Washington, DC 20531; telephone number: 
(202) 307-3384; email address: [email protected].

SUPPLEMENTARY INFORMATION:  The following describes the minimum 
requirements that a product certification scheme must contain for the 
certification of restraints described in NIJ Standard 1001.00, Criminal 
Justice Restraints Standard. A product certification scheme includes 
the rules, procedures, and management required for carrying out product 
certification, which involves the assessment and attestation by an 
impartial third party that fulfilment of specified requirements has 
been demonstrated by a product. This is discussed further in ISO/IEC 
17067, Conformity assessment-- Fundamentals of product certification 
and guidelines for product certification schemes.
    The following is intended primarily for those considering becoming 
certification scheme owners for the purpose of certifying restraints, 
in order to provide greater confidence to the criminal justice end user 
community that the restraints products conform to the requirements 
specified in NIJ Standard 1001.00. It includes minimum reasonable 
expectations that a certification body should meet in order to operate 
a certification program for restraints. The following is also intended 
for accreditation bodies that accredit certification bodies which may 
be considering certifying restraints to a scheme that includes 
laboratory testing of products to NIJ Standard 1001.00.
    A draft version of the following was published for public comment 
for 30 days in the Federal Register, and may be found here: https://www.federalregister.gov/d/2016-22057. The public comment period opened 
on September 14, 2016, and closed on October 14, 2016.
    The following terms are used in accordance with international 
standards:

--``shall'' indicates a requirement;
--``should'' indicates a recommendation;
--``may'' indicates a permission;
--``can'' indicates a possibility or a capability.

    Nothing in the following is intended to create any legal or 
procedural rights enforceable against the United States. Moreover, 
nothing in this document creates any obligation for conformity 
assessment bodies to follow or adopt this voluntary standard, nor does 
it create any obligation for manufacturers, suppliers, law enforcement 
agencies, or others to follow or adopt voluntary NIJ equipment 
standards.

1 Scope

    1.1 This document describes the minimum requirements that a product 
certification scheme must contain for the certification of restraints 
described in NIJ Standard 1001.00, Criminal Justice Restraints 
Standard.
    1.2 This document includes provisions for NIJ to file urgent 
complaints with a certification body regarding products it certifies to 
protect criminal justice end users of restraints products, such as 
police officers and correctional officers, if NIJ believes that a 
hazardous condition exists.
    1.3 This document includes provisions for NIJ to file urgent 
complaints with an accreditation body regarding conformity assessment 
bodies it accredits in the certification scheme to protect criminal 
justice end users of restraints products, such as police officers and 
correctional officers, if NIJ believes that a hazardous condition 
exists.

2 Normative References

ISO/IEC 17000, Conformity assessment--Vocabulary and general principles
ISO/IEC 17025, General requirements for the competence of testing and 
calibration laboratories
ISO/IEC 17030, Conformity assessment--General requirements for third-
party marks of conformity
ISO/IEC 17065, Conformity assessment--Requirements for bodies 
certifying products, processes and services
ISO/IEC 17067, Conformity assessment--Fundamentals of product 
certification and guidelines for product certification schemes
ISO/IEC Directives, Part 2, Principles and rules for the structure and 
drafting of ISO and IEC documents, seventh edition, 2016
NIJ Standard 1001.00, Criminal Justice Restraints Standard

3 Terms and Definitions

    For the purposes of this document, the terms and definitions given 
in ISO/IEC 17000, ISO/IEC 17065, ISO/IEC 17067, and NIJ 1001.00 apply.

4 Scheme requirements

    4.1 The product certification scheme shall follow the guidelines in 
ISO/IEC 17067.
    4.1.1 The product certification scheme shall be of scheme type 5 as 
described in 5.3.7 in ISO/IEC 17067.
    4.1.2 The scheme shall include provisions for the certification 
body to ensure that the client maintains an appropriate quality 
management system (e.g., conforms to ISO 9001) and that the client 
follows appropriate quality assurance processes.
    4.1.3 The certification body shall issue a mark of conformity to be 
displayed on certified products in accordance with ISO/IEC 17030.
    4.2 Conformity assessment bodies shall be accredited.
    4.2.1 Certification bodies shall be accredited to ISO/IEC 17065 by 
an accreditation body that is a signatory to the International 
Accreditation Forum (IAF) Multilateral Recognition Arrangement (MLA).
    4.2.2 Certification bodies shall have a scope of accreditation to 
include NIJ 1001.00.
    4.2.3 Testing laboratories shall be accredited to ISO/IEC 17025 by 
an accreditation body that is a signatory to the International 
Laboratory Accreditation Cooperation (ILAC) Mutual Recognition 
Arrangement (MRA).
    4.2.4 Testing laboratories shall have a scope of accreditation that 
includes NIJ 1001.00 and all test methods referenced therein.
    4.2.5 The certification body can take the qualification, assessing, 
and monitoring performed by other organizations (e.g., accreditation 
bodies) or bodies that provide outsourced services (e.g., testing 
laboratories) into account provided that: (1) It is provided for within 
the scheme requirements; (2) the scope is applicable to the work being 
undertaken; and (3) the validity of the qualification, assessing, and 
monitoring arrangements is verified at a periodicity determined by the 
certification body.
    4.3 NIJ may request information from the certification body.
    4.3.1 NIJ may request in writing directly from the certification 
body a list of all actions taken against specified current or 
previously certified products, such as termination, reduction, 
suspension, or withdrawal of certification.

[[Page 32381]]

    4.3.2 If requested to do so, the certification body shall provide 
in writing the information requested by NIJ in 4.3.1 within five (5) 
working days.
    4.4 NIJ may bring urgent complaints to the certification body.
    4.4.1 NIJ may bring urgent complaints regarding certified products, 
or products believed to be certified, directly to the certification 
body if NIJ believes that a hazardous condition exists.
    4.4.2 Should NIJ bring an urgent complaint to the attention of the 
certification body, NIJ shall articulate the complaint in writing.
    4.4.3 The certification body shall provide an expedited response in 
writing to NIJ within five (5) working days, articulating how it plans 
to proceed with the urgent complaint, including actions it may take to 
determine the validity of the complaint and an estimated timeline to 
determine the validity of the complaint.
    4.5 NIJ may request information from accreditation bodies.
    4.5.1 NIJ may request in writing directly from an accreditation 
body a list of all actions taken against a conformity assessment body 
that it accredits in the certification scheme, such as termination, 
reduction, suspension, or withdrawal of certification.
    4.5.2 If requested to do so, the accreditation body shall provide 
in writing the information NIJ requested in 4.5.1 within five (5) 
working days.
    4.6 NIJ may bring urgent complaints to accreditation bodies.
    4.6.1 NIJ may bring urgent complaints directly to an accreditation 
body regarding conformity assessment bodies that it accredits in the 
certification scheme if NIJ believes a hazardous condition exists.
    4.6.2 Should NIJ bring an urgent complaint to the attention of an 
accreditation body, NIJ shall articulate the complaint in writing.
    4.6.3 The accreditation body shall provide an expedited response in 
writing to NIJ within five (5) working days, articulating how it plans 
to proceed with the urgent complaint, including actions it may take to 
determine the validity of the complaint and an estimated timeline to 
determine the validity of the complaint.
    4.7 Accreditation bodies shall notify NIJ of any changes in the 
accreditation status or scope of accreditation of any conformity 
assessment bodies in the certification scheme.
    4.7.1 Changes in accreditation status include suspension, 
withdrawal, or reduction of the scope of accreditation.
    4.7.2 The accreditation body shall notify NIJ in writing within 
five (5) working days after such action is taken.

Howard Spivak,
Acting Director, National Institute of Justice.
[FR Doc. 2017-14638 Filed 7-12-17; 8:45 am]
 BILLING CODE 4410-18-P

Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Notices 32379

SUMMARY: The Department of Justice information to be collected can be Dated: July 10, 2017.
(DOJ), Bureau of Alcohol, Tobacco, enhanced; and Melody Braswell,
Firearms and Explosives (ATF), will —Minimize the burden of the collection Department Clearance Officer for PRA, U.S.
submit the following information of information on those who are to Department of Justice.
collection request to the Office of respond, including through the use of [FR Doc. 2017–14687 Filed 7–12–17; 8:45 am]
Management and Budget (OMB) for appropriate automated, electronic, BILLING CODE 4410–14–P
review and approval in accordance with mechanical, or other technological
the Paperwork Reduction Act of 1995. collection techniques or other forms
The proposed information collection of information technology, e.g., DEPARTMENT OF JUSTICE
was previously published in the Federal permitting electronic submission of
Register, on May 8, 2017, allowing for Office of Justice Programs
responses.
a 60-day comment period. This [OJP (NIJ) Docket No. 1741]
information collection OMB 1140–0020 Overview of This Information
(Firearms Transaction Record (ATF Collection Minimum Scheme Requirements To
Form 4473 (5300.9) is being revised to Certify Criminal Justice Restraints
make available a Spanish version (1) Type of Information Collection: Described in NIJ Standard 1001.00
(Registro de Transaccı́on de Armas) as a Revision of a currently approved
courtesy to Federal firearms licensees collection. AGENCY: National Institute of Justice,
with clientele for whom Spanish is their (2) The Title of the Form/Collection: Justice.
native language. The proposed Firearms Transaction Record/Registro ACTION: Notice.
information collection is also being de Transaccı́on de Armas.
SUMMARY: The National Institute of
published to obtain comments from the (3) The agency form number, if any, Justice (NIJ) announces publication of
public and affected agencies. and the applicable component of the Minimum Scheme Requirements to
DATES: Comments are encouraged and Department sponsoring the collection: Certify Criminal Justice Restraints
will be accepted for an additional 30 Form number: ATF Form 4473 Described in NIJ Standard 1001.00. The
days until August 14, 2017. (5300.9). minimum scheme requirements are
FOR FURTHER INFORMATION CONTACT: If found in the Supplementary
Component: Bureau of Alcohol,
you have additional comments, Information below, as well as in the
particularly with respect to the Tobacco, Firearms and Explosives, U.S.
Department of Justice. document found here: https://
estimated public burden or associated www.ncjrs.gov/pdffiles1/nij/250566.pdf.
response time, have suggestions, need a (4) Affected public who will be asked
NIJ Standard 1001.00, Criminal Justice
copy of the proposed information or required to respond, as well as a brief
Restraints Standard, was published in
collection instrument with instructions, abstract:
the Federal Register on November 19,
or desire any other additional Primary: Individuals or households. 2014, and may be found here: https://
information, please contact Helen Other: Business or other for-profit. federalregister.gov/a/2014-27367. All
Koppe, Program Manager, ATF Firearms references to ‘‘Criminal Justice
& Explosives Industry Division either by Abstract: The information and
certification on the Form 4473 are Restraints Certification Program
mail at 99 New York Avenue NE., Requirements, NIJ CR–1001.00’’ in NIJ
Washington, DC 20226, or by email at designed so that a person licensed
under 18 U.S.C. 923 may determine if Standard 1001.00, including in Section
FederalRegisterNoticeATFF4473@ 1.1.1 of that standard, shall be
atf.gov. Written comments and/or he or she may lawfully sell or deliver a
firearm to the person identified in understood to refer to the Minimum
suggestions can also be directed to the Scheme Requirements published here.
Office of Management and Budget, Section A. It also alerts buyers to certain
restrictions on the receipt and NIJ has been working with conformity
Office of Information and Regulatory assessment bodies to develop acceptable
Affairs, Attention Department of Justice possession of firearms.
criteria by which NIJ would recognize a
Desk Officer, Washington, DC 20503 or (5) An estimate of the total number of
product certification scheme operated
sent to OIRA_submissions@ respondents and the amount of time
by a certification body in the private
omb.eop.gov. estimated for an average respondent to
sector. Certification better ensures that
respond: An estimated 18,275,240
SUPPLEMENTARY INFORMATION: Written quality restraints are available to
respondents will utilize the form, and it
comments and suggestions from the criminal justice practitioners. In the
will take each respondent
public and affected agencies concerning interest of officer safety and public
approximately 30 minutes to complete
the proposed collection of information safety, NIJ anticipates recognizing
the form.
are encouraged. Your comments should certification programs in the private
address one or more of the following (6) An estimate of the total public sector that meet or exceed the minimum
four points: burden (in hours) associated with the scheme requirements. Certification
—Evaluate whether the proposed collection: The estimated annual public bodies that are interested in developing
collection of information is necessary burden associated with this collection is a product certification scheme for
for the proper performance of the 9,137,620, which is equal to (18,275,240 restraints described in NIJ Standard
functions of the agency, including (total number of respondents) * .5 (30 1001.00 should contact NIJ at the
whether the information will have minutes). contact information listed below. As
If additional information is required previously noted (https://
sradovich on DSK3GMQ082PROD with NOTICES

practical utility;
—Evaluate the accuracy of the agency’s contact: Melody Braswell, Department www.federalregister.gov/d/2016-22057),
estimate of the burden of the Clearance Officer, United States Safety Equipment Institute (SEI), which
proposed collection of information, Department of Justice, Justice is accredited by the American National
including the validity of the Management Division, Policy and Standards Institute (ANSI) to ISO/IEC
methodology and assumptions used; Planning Staff, Two Constitution 17065 Conformity assessment
—Evaluate whether and if so how the Square, 145 N Street NE., 3E.405A, —Requirements for bodies certifying
quality, utility, and clarity of the Washington, DC 20530. products, processes and services, has

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32380 Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Notices

established a certification program for —‘‘should’’ indicates a 3 Terms and Definitions
restraints described in NIJ Standard recommendation; For the purposes of this document,
1001.00. ISO/IEC 17065 is a joint —‘‘may’’ indicates a permission; the terms and definitions given in ISO/
endeavor of the International —‘‘can’’ indicates a possibility or a IEC 17000, ISO/IEC 17065, ISO/IEC
Organization for Standardization (ISO) capability. 17067, and NIJ 1001.00 apply.
and the International Electrotechnical
Commission (IEC). Further guidance on Nothing in the following is intended 4 Scheme requirements
recognition of this certification program to create any legal or procedural rights 4.1 The product certification scheme
or others will be published in the enforceable against the United States. shall follow the guidelines in ISO/IEC
Federal Register at a future date, to be Moreover, nothing in this document 17067.
determined. creates any obligation for conformity 4.1.1 The product certification
assessment bodies to follow or adopt scheme shall be of scheme type 5 as
FOR FURTHER INFORMATION CONTACT:
this voluntary standard, nor does it described in 5.3.7 in ISO/IEC 17067.
Mark Greene, Policy and Standards
create any obligation for manufacturers, 4.1.2 The scheme shall include
Division Director, Office of Science and
suppliers, law enforcement agencies, or provisions for the certification body to
Technology, National Institute of
others to follow or adopt voluntary NIJ ensure that the client maintains an
Justice, 810 7th Street NW., Washington,
equipment standards. appropriate quality management system
DC 20531; telephone number: (202)
307–3384; email address: 1 Scope (e.g., conforms to ISO 9001) and that the
mark.greene2@usdoj.gov. client follows appropriate quality
1.1 This document describes the assurance processes.
SUPPLEMENTARY INFORMATION: The minimum requirements that a product
following describes the minimum 4.1.3 The certification body shall
certification scheme must contain for issue a mark of conformity to be
requirements that a product certification the certification of restraints described
scheme must contain for the displayed on certified products in
in NIJ Standard 1001.00, Criminal accordance with ISO/IEC 17030.
certification of restraints described in Justice Restraints Standard. 4.2 Conformity assessment bodies
NIJ Standard 1001.00, Criminal Justice 1.2 This document includes shall be accredited.
Restraints Standard. A product provisions for NIJ to file urgent 4.2.1 Certification bodies shall be
certification scheme includes the rules, complaints with a certification body accredited to ISO/IEC 17065 by an
procedures, and management required regarding products it certifies to protect accreditation body that is a signatory to
for carrying out product certification, criminal justice end users of restraints the International Accreditation Forum
which involves the assessment and products, such as police officers and (IAF) Multilateral Recognition
attestation by an impartial third party correctional officers, if NIJ believes that Arrangement (MLA).
that fulfilment of specified requirements a hazardous condition exists. 4.2.2 Certification bodies shall have
has been demonstrated by a product. a scope of accreditation to include NIJ
1.3 This document includes
This is discussed further in ISO/IEC 1001.00.
provisions for NIJ to file urgent
17067, Conformity assessment— 4.2.3 Testing laboratories shall be
complaints with an accreditation body
Fundamentals of product certification accredited to ISO/IEC 17025 by an
regarding conformity assessment bodies
and guidelines for product certification accreditation body that is a signatory to
it accredits in the certification scheme
schemes. the International Laboratory
The following is intended primarily to protect criminal justice end users of
restraints products, such as police Accreditation Cooperation (ILAC)
for those considering becoming Mutual Recognition Arrangement
certification scheme owners for the officers and correctional officers, if NIJ
believes that a hazardous condition (MRA).
purpose of certifying restraints, in order 4.2.4 Testing laboratories shall have
to provide greater confidence to the exists.
a scope of accreditation that includes
criminal justice end user community 2 Normative References NIJ 1001.00 and all test methods
that the restraints products conform to referenced therein.
the requirements specified in NIJ ISO/IEC 17000, Conformity
assessment—Vocabulary and general 4.2.5 The certification body can take
Standard 1001.00. It includes minimum the qualification, assessing, and
reasonable expectations that a principles
monitoring performed by other
certification body should meet in order ISO/IEC 17025, General requirements
organizations (e.g., accreditation bodies)
to operate a certification program for for the competence of testing and
or bodies that provide outsourced
restraints. The following is also calibration laboratories
services (e.g., testing laboratories) into
intended for accreditation bodies that ISO/IEC 17030, Conformity account provided that: (1) It is provided
accredit certification bodies which may assessment—General requirements for for within the scheme requirements; (2)
be considering certifying restraints to a third-party marks of conformity the scope is applicable to the work
scheme that includes laboratory testing ISO/IEC 17065, Conformity being undertaken; and (3) the validity of
of products to NIJ Standard 1001.00. assessment—Requirements for bodies the qualification, assessing, and
A draft version of the following was certifying products, processes and monitoring arrangements is verified at a
published for public comment for 30 services periodicity determined by the
days in the Federal Register, and may ISO/IEC 17067, Conformity certification body.
be found here: https:// assessment—Fundamentals of 4.3 NIJ may request information
www.federalregister.gov/d/2016-22057. product certification and guidelines
sradovich on DSK3GMQ082PROD with NOTICES

from the certification body.
The public comment period opened on for product certification schemes 4.3.1 NIJ may request in writing
September 14, 2016, and closed on ISO/IEC Directives, Part 2, Principles directly from the certification body a list
October 14, 2016. and rules for the structure and of all actions taken against specified
The following terms are used in drafting of ISO and IEC documents, current or previously certified products,
accordance with international seventh edition, 2016 such as termination, reduction,
standards: NIJ Standard 1001.00, Criminal Justice suspension, or withdrawal of
—‘‘shall’’ indicates a requirement; Restraints Standard certification.

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Document Created: 2017-07-13 01:00:33
Document Modified: 2017-07-13 01:00:33

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Mark Greene, Policy and Standards Division Director, Office of Science and Technology, National Institute of Justice, 810 7th Street NW., Washington, DC 20531; telephone number:
FR Citation		82 FR 32379

82 FR 32379 - Minimum Scheme Requirements To Certify Criminal Justice Restraints Described in NIJ Standard 1001.00

DEPARTMENT OF JUSTICEOffice of Justice Programs

Federal Register Volume 82, Issue 133 (July 13, 2017)

DEPARTMENT OF JUSTICE
Office of Justice Programs