[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Notices]
[Pages 70762-70765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28845]
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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
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
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SUMMARY: As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the Consumer Product Safety Commission (``CPSC'' or
``Commission'') requests comments on a proposed extension of approval
of a collection of information for Third Party Testing of Children's
Products, approved previously under OMB Control No. 3041-0159. The
Commission will consider all comments received in response to this
notice before requesting an extension of this collection of information
from the Office of Management and Budget (``OMB'').
[[Page 70763]]
DATES: Submit written or electronic comments on the collection of
information by January 15, 2016.
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2010-
0038, by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: http://www.regulations.gov. Follow the
instructions for submitting comments. The Commission does not accept
comments submitted by electronic mail (email), except through
www.regulations.gov. The Commission encourages you to submit electronic
comments by using the Federal eRulemaking Portal, as described above.
Written Submissions: Submit written submissions by mail/hand
delivery/courier to: Office of the Secretary, Consumer Product Safety
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814;
telephone (301) 504-7923.
Instructions: All submissions received must include the agency name
and docket number for this notice. All comments received may be posted
without change, including any personal identifiers, contact
information, or other personal information provided, to: http://www.regulations.gov. Do not submit confidential business information,
trade secret information, or other sensitive or protected information
that you do not want to be available to the public. If furnished at
all, such information should be submitted in writing.
Docket: For access to the docket to read background documents or
comments received, go to: http://www.regulations.gov, and insert the
docket number CPSC-2010-0038, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Robert H. Squibb, Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, MD 20814; (301)
504-7815, or by email to: [email protected].
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 for third party testing of
children's products and inclusion of the previously approved burden for
marking and labeling of durable infant and toddler products into this
collection of information.
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 it is the easiest
and least expensive. 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.
Records required by the testing rule and the rule on selecting
representative samples appear in 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 also requires
records that enable tracing a product or component back to the entity
that had a product tested for compliance, and also requires
attestations of due care to ensure test result integrity.
Section 104 Rules: The Commission has issued 14 rules for durable
infant and toddler products under section 104 of the Consumer Product
Safety Improvement Act of 2008 (``CPSIA'') (``section 104 rules'').
Section 104 rules 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 infant carrier 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.
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 section 104 rules into the collection of information
for Third Party Testing of Children's Products. 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
of 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.
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: CPSC reviewed every category in the
NAICS and selected categories that included firms that could
manufacture or sell any consumer product that could be covered by a
consumer product safety rule. Using data from the U.S. Census Bureau,
we determined that there were approximately 34,000 manufacturers, about
77,000 wholesalers, and about
[[Page 70764]]
133,000 retailers in these categories. However, these categories also
include many non-children's products, which are not covered by any
children's product safety rules. Therefore, these numbers would
constitute an overestimate of the number of firms that are subject to
the recordkeeping requirements.
Section 104 Rules: Table 1 summarizes the durable infant and
toddler products subject to the marking and labeling requirements being
moved into OMB control number 3041-0159.
Table 1--Estimated Burden for Marking and Labeling in Section 104 Rules
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Total
Discontinued OMB Control No. 16 CFR part Description Mfrs. Models respondent
hours
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3041-0145..................... 1215 Safety Standard 7 2 14
for Infant Bath
Seats.
3041-0141..................... 1216 Safety Standard 16 4 64
for Infant
Walkers.
3041-0150..................... 1217 Safety Standard 78 10 780
for Toddler
Beds.
3041-0157..................... 1218 Safety Standard 62 5 310
for Bassinets
and Cradles.
3041-0147..................... 1219 Safety Standard 78 11 858
for Full-Size
Cribs.
3041-0147..................... 1220 Safety Standard 24 4 96
for Non-Full-
Size Cribs.
3041-0152..................... 1221 Safety Standard 31 4 124
for Play Yards.
3041-0160..................... 1222 Safety Standard 5 2 10
for Infant
Bedside
Sleepers.
3041-0155..................... 1223 Safety Standard 10 11 110
for Swings.
3041-0149..................... 1224 Safety Standard 17 2 34
for Portable
Bedrails.
3041-0158..................... 1225 Safety Standard 71 2 142
for Hand-Held
Infant Carriers.
3041-0162..................... 1226 Safety Standard 54 2 108
for Soft Infant
and Toddler
Carriers.
3041-0164..................... 1227 Safety Standard 85 8 680
for Carriages
and Strollers.
3041-0166..................... 1230 Safety Standard 16 3 48
for Frame Child
Carriers (not
effective until
9/2016).
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Total Burden Hours........ .............. ................ .............. .............. 3,378
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Estimated Time per Response
Testing and Certification: Based on comments received during
rulemaking for the testing rule, we estimate recordkeeping for
approximately 300,000 non-apparel children's products per year, with an
average of 5 hours of recordkeeping burden associated with each
product. We also estimate recordkeeping for approximately 1.3 million
children's apparel and footwear products per year, with an average of 3
hours of recordkeeping burden associated with each product.
Manufacturers that are required to conduct periodic testing have an
additional recordkeeping burden estimated at 4 hours per representative
sampling plan.
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 one hour per
model.
Total Estimated Annual Burden
Testing and Certification: The total estimated annual burden for
recordkeeping associated with the testing rule is 5.4 million hours
(300,000 non-apparel children's products x 5 hours per non-apparel
children's product + 1,300,000 children's apparel products x 3 hours
per children's apparel product = 1.5 million hours + 3.9 million hours,
or a total of 5.4 million hours).
Representative Sampling Plans for Periodic Testing: We estimate
that if each product line averages 50 individual models or styles, then
a total of 32,000 individual representative sampling plans (1.6 million
children's products / 50 models or styles) would need to be developed
and documented. This would require 128,000 hours (32,000 plans x 4
hours per plan). If each product line averages 10 individual models or
styles, then a total of 160,000 different representative sampling plans
(1.6 million children's products / 10 models or styles) would need to
be documented. This would require 640,000 hours (160,000 plans x 4
hours per plan). Accordingly, the requirement to document the basis for
selecting representative samples could increase the estimated annual
burden by up to 640,000 hours.
Component Part Testing: The component part rule shifts some testing
costs and some recordkeeping costs to component part and finished
product suppliers 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 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
[[Page 70765]]
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,
perhaps 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 540,000 hours total
annually (10% of 5.4 million hours); allocating 486,000 hours for
recordkeeping and 54,000 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 3,378.
Request for Comments
The Commission solicits written comments from all interested
persons about the proposed renewal of this collection of information.
The Commission specifically solicits information relevant to the
following topics:
--Whether the collection of information described above is necessary
for the proper performance of the Commission's functions, including
whether the information would have practical utility;
--Whether the estimated burden of the proposed collection of
information is accurate;
--Whether the quality, utility, and clarity of the information to be
collected could be enhanced; and
--Whether the burden imposed by the collection of information could be
minimized by use of automated, electronic or other technological
collection techniques, or other forms of information technology.
Dated: November 9, 2015.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2015-28845 Filed 11-13-15; 8:45 am]
BILLING CODE 6355-01-P