Collection of Information; Proposed Extension of Approval; Comment Request-Publicly Available Consumer Product Safety Information Database, 65293-65297 [2013-25893]
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Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Notices
CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2010–0041]
Collection of Information; Proposed
Extension of Approval; Comment
Request—Publicly Available Consumer
Product Safety Information Database
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
As required by the Paperwork
Reduction Act of 1995 (PRA) (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 the
Publicly Available Consumer Product
Safety Information Database. The
Commission will consider all comments
received in response to this notice
before requesting an extension of
approval of this collection of
information from the Office of
Management and Budget (OMB).
DATES: The Office of the Secretary must
receive comments not later than
December 2, 2013.
ADDRESSES: OMB recommends that
written comments be faxed to the Office
of Information and Regulatory Affairs,
OMB, Attn: CPSC Desk Officer, FAX:
202–395–6974, or emailed to
oira_submission@omb.eop.gov. All
comments should be identified by
Docket No. CPSC–2010–0041. In
addition, written comments also should
be submitted at https://
www.regulations.gov, under Docket No.
CPSC–2010–0041, or by mail/hand
delivery/courier (for paper, disk, or CD–
ROM submissions), preferably in five
copies, to: Office of the Secretary, U.S.
Consumer Product Safety Commission,
Room 820, 4330 East West Highway,
Bethesda, MD 20814; telephone (301)
504–7923. For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: 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: rsquibb@cpsc.gov.
SUPPLEMENTARY INFORMATION: In the
Federal Register of August 15, 2013
(78 FR 49730), the CPSC published a
notice in accordance with provisions of
the Paperwork Reduction Act of 1995
(44 U.S.C. Chapter 35). This notice
announced CPSC’s intention to seek
extension of approval of a collection of
information for a database on the safety
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SUMMARY:
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of consumer products and other
products and substances regulated by
the Commission (Database), as required
by section 212 of the Consumer Product
Safety Improvement Act of 2008
(CPSIA).
Two comments were received in
response to the August 15th notice. One
commenter stated support for extension
of the approval of the collection of
information for the Database, citing the
usefulness of the data collected to both
the CPSC and to consumers. This
commenter also suggested that the
Database could be even more useful if
CPSC would provide a link to any
corrective action, fine, recall or safety
alert involving a reported product. CPSC
agrees that the links suggested by the
commenter would add value to the
Database. However, incorporating new
features would require resources that
are not currently available. CPSC will
take the suggestion under advisement
and consider such modifications if and
when resources for modifications are
available. Another commenter stated
that CPSC does not help consumers.
CPSC has no response to this comment
because the comment is outside the
scope of the inquiry regarding
paperwork burdens associated with the
requested collection of information.
By publication of this notice, the
Commission announces that it has
submitted to the Office of Management
and Budget (OMB) a request for
extension of approval of the collection
of information for the Database without
change.
A. Background
Section 212 of the Consumer Product
Safety Improvement Act of 2008
(CPSIA) added section 6A to the
Consumer Product Safety Act (CPSA)
which requires the Consumer Product
Safety Commission (CPSC or
Commission) to establish and maintain
a publicly available, searchable database
on the safety of consumer products, and
other products or substances regulated
by the Commission (Database). Among
other things, section 6A of the CPSA
requires the Commission to collect
reports of harm from the public for
potential publication in the publicly
available Database, and to collect and
publish comments about reports of harm
from manufacturers.
The Commission announced that a
proposed collection of information in
conjunction with the Database, called
the Publicly Available Consumer
Product Safety Information Database,
had been submitted to OMB for review
and clearance under 44 U.S.C. 3501–
3520 in a proposed rule published on
May 24, 2010 (75 FR 29156). The
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65293
Commission issued a final rule on the
Database on December 9, 2010 (75 FR
76832). The final rule interprets various
statutory requirements in section 6A of
the CPSA pertaining to the information
to be included in the Database and also
establishes provisions regarding
submitting reports of harm; providing
notice of reports of harm to
manufacturers; publishing reports of
harm and manufacturer comments in
the Database; and dealing with
confidential and materially inaccurate
information.
OMB approved the collection of
information for the Database under
control number 3041–0146. OMB’s most
recent extension of approval will expire
on January 31, 2014. The Commission
now proposes to request an extension of
approval of this collection of
information.
B. Information Collected Through the
Database
The primary purpose of this
information collection is to populate the
publicly searchable Database of
consumer product safety information
mandated by section 6A of the CPSA.
There are four components to the
information collection: Reports of harm,
manufacturer comments, branding
information, and the Small Batch
Manufacturer Registry (SBMR).
Reports of Harm: Reports of harm
communicate information regarding an
injury, illness, or death, or any risk (as
determined by the Commission) of
injury, illness, or death, relating to the
use of a consumer product. Reports can
be submitted to the CPSC by consumers;
local, State, or Federal government
agencies; health care professionals;
child service providers; public safety
entities; and others. Reports may be
submitted in one of three ways: Via the
CPSC Web site
(www.SaferProducts.gov), by telephone
via a CPSC call center, or by email, fax,
or mail using the incident report form
(available for download or printing via
the CPSC Web site). Reports may also
originate as a free-form letter or email.
Submitters must consent to inclusion of
their report of harm in the publicly
searchable Database.
Manufacturer Comments: A
manufacturer or private labeler may
submit a comment related to a report of
harm if the report of harm identifies the
manufacturer or private labeler and the
CPSC transmits such report of harm to
the manufacturer. Manufacturer
comments may be submitted through
the business portal, by email, mail, or
fax. The business portal is a feature of
the Database that allows manufacturers
who register on the business portal to
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receive reports of harm and comment on
such reports through the business
portal. Use of the business portal
expedites the receipt of reports of harm
and business response times.
A manufacturer may request that the
Commission designate information in a
report of harm as confidential. Such a
request may be made using the business
portal, by email, by mail, or by fax.
Also, any person or entity reviewing a
report of harm or manufacturer
comment, either before or after
publication in the Database, may request
that the report or comment, or portions
of the report or comment, be excluded
from the Database because the report or
comment contains materially inaccurate
information. Such a request may be
made by manufacturers using the
business portal, by email, mail or fax,
and may be submitted by anyone else by
email, mail, or fax.
Branding Information: Using the
business portal, registered businesses
may voluntarily submit branding
information to assist CPSC in correctly
and timely routing reports of harm
involving their products to them. Brand
names may be licensed to another entity
for use in labeling consumer products
manufactured by that entity. CPSC’s
understanding of licensing
arrangements for consumer products
can help to give the correct
manufacturer timely notification of a
report of harm.
Small Batch Manufacturers Registry:
The business portal also contains the
SBMR, which is the online mechanism
by which small batch manufacturers (as
defined in the CPSA) can identify
themselves to obtain relief from certain
third party testing requirements for
children’s products. To register as a
small batch manufacturer a business
must attest that the company’s income
level and the number of units of the
covered product manufactured for
which relief is sought both fall within
the statutory limits to receive relief from
third party testing.
C. Estimated Burden
1. Estimated Annual Burden for
Respondents
We estimate the burden of this
collection of information as follows:
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN FOR REPORTS OF HARM
Number of
respondents
Collection type
Total annual
responses
Response
frequency 1
Minutes per
response
Total burden,
in hours 2
Reports of Harm—submitted through web site ...................
Reports of Harm—submitted by phone ...............................
Reports of Harm—submitted by mail, email, fax .................
8,030
3,749
904
1.02
1.00
6.71
8,207
3,749
6,067
12
10
20
1,641
625
2,022
Total ..............................................................................
12,683
........................
18,023
........................
4,288
TABLE 2—ESTIMATED ANNUAL REPORTING BURDEN FOR MANUFACTURER SUBMISSIONS
Number of
respondents
Collection type
Total ..............................................................................
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Manufacturer Comments—submitted through web site ......
Manufacturer Comments—submitted by mail, email, fax ....
Requests to Treat Information as Confidential—submitted
through web site ...............................................................
Requests to Treat Information as Confidential—submitted
by mail, email, fax ............................................................
Requests to Treat Information as Materially Inaccurate—
submitted through web site ..............................................
Requests to Treat Information as Materially Inaccurate—
submitted by mail, email, fax ...........................................
Voluntary Brand Identification ..............................................
Small Batch Manufacturer Identification ..............................
Response
frequency 1
Total annual
responses
Minutes per
response
Total burden,
in hours 2
624
132
8.20
1.25
5,117
165
116
146
9,893
402
11
1.27
14
15
4
0
0
0
45
0
231
2.46
568
438
4,146
83
545
578
1.25
2.25
1
104
1,227
578
468
10
10
811
205
96
2,204
........................
7,773
........................
15,557
Based on the data set forth in tables
1 and 2 above, the annual reporting cost
is estimated to be $1,086,332. This
estimate is based on the sum of two
estimated figures for reports of harm
and manufacturer submissions. The
estimated number of respondents and
responses are based on the actual
responses received in FY 2012. We
assume that the number of responses
and respondents will be similar in
future years.
Reports of Harm: Table 1 sets forth
the data used to estimate the burden
associated with submitting reports of
harm. We had previously estimated the
time associated with the electronic and
telephone submission of reports of harm
at 12 and 10 minutes respectively and
so used those figures for present
purposes as well. We estimate that the
time associated with a paper or PDF
form would be 20 minutes on average.
To estimate the costs for submitting
reports of harm we multiplied the
estimated total burden hours associated
with reports of harm (1,641 hours + 625
hours + 2,022 hours = 4,288 hours) by
an estimated total compensation for all
workers in private industry of $29.13
per hour,3 which results in an estimated
cost of $124,909 (4,288 hours × $29.13
per hour = $124,909).
Manufacturer Submissions: Table 2
sets forth the data used to estimate the
burden associated with manufacturer
submissions to the Database. To gain
information on how long it takes a
1 Frequency of responses is calculated by dividing
the number of responses by the number of
respondents.
2 Numbers have been rounded.
3 U.S. Department of Labor, Bureau of Labor
Statistics, Table 9 of the Employer Costs for
Employee Compensation (ECEC), Private Industry,
goods-producing and service-providing industries,
by occupational group, March 2013 (data extracted
on 07/24/2013 from https://www.bls.gov/news.
release/ecec.t09.htm.
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manufacturer to submit a general
comment or a claim that a report
contains materially inaccurate
information through the business portal,
we contacted six businesses registered
on the business portal. We asked each
company how long it typically takes to
research, compose, and enter a comment
or a claim of materially inaccurate
information. We had observed that a
large percentage of the general
comments come from a few businesses
and assumed that the experience of a
business that submits many comments
each year would be different from one
that submits only a few. Accordingly,
we divided all responding businesses
into three groups based on the number
of general comments submitted in FY
2012, and then selected two businesses
from each group to contact. The first
group we contacted was made of up of
businesses that submitted 50 or more
comments in FY 2012, accounting for
46% of all general comments received.
The second group we contacted
included businesses that submitted 6 to
49 comments, accounting for 36% of all
general comments received. The last
group contacted included businesses
that submitted no more than five
comments, accounting for 18% of all
general comments received.
To estimate the burden associated
with submitting a general comment
65295
regarding a report of harm through the
business portal, we averaged the burden
provided by each company within each
group and then calculated a weighted
average from the three groups,
weighting each group by the proportion
of comments received from that group.
We found that the average time to
submit a general comment regarding a
report of harm is 116 minutes based on
the data in table 3 (((10 minutes + 180
minutes)/2 companies)*.46 + ((10
minutes + 30 minutes)/2
companies)*.36 + ((240 minutes + 480
minutes)/2 companies)*.18 = 116
minutes).
TABLE 3—ESTIMATED BURDEN TO ENTER A GENERAL COMMENT IN THE DATABASE
Group
Company
Group 1 (≥50 comments) ...............................................................................
Group 2 (6–49 comments) .............................................................................
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Group 3 (≤5 comments) .................................................................................
Registered businesses generally
submit comments through our Web site.
Unregistered businesses submit
comments by mail, email, or fax. We
estimate that submitting comments in
this way takes a little longer because we
often must ask the business to amend
their submission to include the required
certifications. Thus, we estimated that
on average, comments submitted by
mail, email, or fax take 30 minutes
longer than those submitted through our
Web site (116 minutes + 30 minutes =
146 minutes).
The submission of a claim of
materially inaccurate information is a
relatively rare event for all respondents,
so we averaged all responses together.
Four of the businesses contacted had
submitted claims of materially
inaccurate information during FY 2012.
We found that the average time to
submit a claim that a report of harm
contains a material inaccuracy is 438
minutes ((10 minutes + 120 minutes +
180 minutes + 1,440 minutes)/4
companies = 438 minutes).
Registered businesses generally
submit claims through the business
portal. Unregistered businesses submit
claims by mail, email, or fax. We
estimate that submitting claims in this
way takes a little longer because we
often must ask the business to amend
their submission to include the required
certifications. Thus, we estimated that
on average, claims submitted by mail,
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Company
Company
Company
Company
Company
Company
A
B
A
B
A
B
............................................................
............................................................
............................................................
............................................................
............................................................
............................................................
email, or fax take 30 minutes longer
than those submitted through our Web
site (438 minutes + 30 minutes = 468
minutes).
We had previously estimated that
confidential information claims
submitted through our Web site would
take 15 minutes because the information
to be entered would be readily
accessible by the respondent. We have
found that confidential information
claims are very rare and do not have
enough information to update this
estimate. Although we have not
received any confidential information
claims by mail, email, or fax, based on
our experience with comments and
claims of materially inaccurate
information, we estimate that a
confidential information claim
submitted by mail, email, or fax would
take 30 minutes longer than those
submitted through our Web site (15
minutes + 30 minutes = 45 minutes).
For voluntary brand identification, we
estimate that a response would take 10
minutes on average. Most responses
consist only of the brand name and a
product description. In many cases a
business will submit multiple entries in
a brief period of time and we can see
from the date and time stamps on these
records that an entry often takes less
than two minutes. CPSC staff enters the
same data in a similar form based on our
own research, and that experience was
also factored into our estimate.
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General
comments
(minutes)
10.
180.
10.
30.
240.
480.
For small batch manufacturer
identification, we estimate that a
response would take 10 minutes on
average. The form consists of three
check boxes and the information should
be readily accessible to the respondent.
The responses summarized in Table 2
are generally submitted by
manufacturers. To avoid
underestimating the cost associated
with the collection of this data, we
assigned the higher hourly wage
associated with a manager or
professional in goods-producing
industries to these tasks. To estimate the
cost of manufacturer submissions we
multiplied the estimated total burden
hours in Table 2 (15,557 hours) by an
estimated total compensation for a
manager or professional in goodsproducing industries of $61.80 per
hour,4 which results in an estimated
cost of $961,423 (15,557 hours × $61.80
per hour = $961,423).
Therefore, the total estimated annual
cost to respondents is $1,086,332
($124,909 burden for reports of harm +
$961,423 burden for manufacturer
submissions = $1,086,332).
4 U.S. Department of Labor, Bureau of Labor
Statistics, Table 9 of the Employer Costs for
Employee Compensation (ECEC), Private Industry,
goods-producing and service-providing industries,
by occupational group, March 2013 (data extracted
on 07/24/2013 from https://www.bls.gov/news.
release/ecec.t09.htm.
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2. Estimated Annual Burden on
Government
The annualized cost to the CPSC is
estimated to be $1,028,794. This figure
is based on the costs for four categories
of work for the Database: Reports of
Harm, Materially Inaccurate Information
Claims, Manufacturer Comments, and
Small Batch Identification. Each
category is described below. No
government cost is associated with
Voluntary Brand Identification because
this information is entered directly into
the Database by the manufacturer with
no processing required by the
government. The information assists the
government in directing reports of harm
to the correct manufacturer. We did not
attempt to separately calculate the
government cost for claims of
confidential information because the
number of claims is so small. The time
to process these claims is included with
claims of materially inaccurate
information.
Reports of Harm: The Reports of Harm
category includes many different tasks.
Some costs related to this category are
from a data entry contract. Tasks related
to this contract include clerical coding
of the report, such as identifying the
type of consumer product reported and
the appropriate associated hazard, as
well as performing quality control on
the data in the report. The contractor
spends an estimated 3,380 hours per
year performing these tasks. With an
hourly rate of $32.57, the annual cost to
the government is $110,087.
The Reports of Harm category also
includes sending consent requests for
reports when necessary, processing that
consent when received, determining
whether a product is out of CPSC’s
jurisdiction, and confirming that
pictures and attachments do not have
any personally identifiable information.
The Reports category also entails
notifying manufacturers when one of
their products is reported, completing a
risk of harm determination form for
every report eligible for publication,
referring some reports to a Subject
Matter Expert (SME) within the CPSC
for a determination on whether the
reports meet the requirement of having
a risk of harm, and determining whether
a report meets all the statutory and
regulatory requirements for publication.
Detailed costs are described in Table 4.
TABLE 4—ESTIMATED COSTS FOR REPORTS OF HARM TASK
Number of
hours
(annual)
Grade level
Total
compensation
per hour
Total annual
cost
Contract .......................................................................................................................................
7 ...................................................................................................................................................
9 ...................................................................................................................................................
12 .................................................................................................................................................
13 .................................................................................................................................................
14 .................................................................................................................................................
15 .................................................................................................................................................
3,380
1,560
832
6,396
884
2,053
421
$32.57
33.03
40.53
58.78
69.67
82.60
96.84
$110,086.60
51,526.80
33,720.96
375,956.88
61,588.28
169,577.80
40,769.64
Total ......................................................................................................................................
12,146
........................
843,226.96
Materially Inaccurate Information
(MII) Claims: The MII Claims category
includes reviewing and responding to
claims, participating in meetings where
the claims are discussed, and
completing a risk of harm determination
on reports when a company alleges that
a report does not describe a risk of
harm. Detailed costs are described in
Table 5.
TABLE 5—ESTIMATED COSTS FOR MII CLAIMS TASK
Number of
hours
(annual)
Grade level
Total
compensation
per hour
Total annual
cost
12 .................................................................................................................................................
13 .................................................................................................................................................
14 .................................................................................................................................................
15 .................................................................................................................................................
SES ..............................................................................................................................................
364
1,040
378
151
104
$58.78
69.67
82.60
96.84
103.91
$21,395.92
72,456.80
31,222.80
14,622.84
10,806.64
Total ......................................................................................................................................
2,037
........................
150,505.00
Manufacturer Comments: The
Comments category includes reviewing
and accepting or rejecting comments.
Detailed costs are described in Table 6.
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TABLE 6—ESTIMATED COSTS FOR MANUFACTURER COMMENTS TASK
Number of
hours
(annual)
Grade level
Total
compensation
per hour
Total annual
cost
12 .................................................................................................................................................
13 .................................................................................................................................................
104
182
$58.78
69.67
$6,113.12
12,679.94
Total ......................................................................................................................................
286
........................
18,793.06
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Small Batch Manufacturer
Identification: The Small Batch
Manufacturer Identification category
includes time spent posting the list of
small batch registrations, as well as
answering manufacturer’s questions on
how to register as a Small Batch
company and what it means to that
company. Detailed costs are described
in Table 7.
TABLE 7—ESTIMATED COSTS FOR SMALL BATCH TASK
Number of
hours
(annual)
Grade level
Total
compensation
per hour
Total annual
cost
15 .................................................................................................................................................
168
$96.84
$16,269.12
Total ......................................................................................................................................
168
........................
16,269.12
We estimate the annualized cost to
the CPSC of $1,028,794 by adding the
four categories of work related to the
Database summarized in Tables 4
through 7 (Reports of Harm
($843,226.96) + MII Claims
($150,505.00) + Manufacturer
Comments ($18,793.06) + Small Batch
Identification ($16,269.12) =
$1,028,794).
This information collection renewal
request based on an estimated 19,845
burden hours per year for the Database
is a decrease of 17,284 hours since this
collection of information was last
approved by OMB in 2011. The decrease
in burden is due primarily to the fact
that the number of responses was
overestimated in our original request.
Dated: October 28, 2013.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
BILLING CODE 6355–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
Sunshine Act Meeting Notice
Wednesday, November
6, 2013, 10 a.m.–12 p.m.
PLACE: Room 420, Bethesda Towers,
4330 East West Highway, Bethesda,
Maryland.
STATUS: Commission Meeting—Open to
the Public.
MATTERS TO BE CONSIDERED:
TIME AND DATE:
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Briefing: Hand Held Carriers—Final
Rule
A live webcast of the Meeting can be
viewed at www.cpsc.gov/live.
For a recorded message containing the
latest agenda information, call (301)
504–7948.
CONTACT PERSON FOR MORE INFORMATION:
Todd A. Stevenson, Office of the
Secretary, U.S. Consumer Product
Safety Commission, 4330 East-West
19:21 Oct 30, 2013
Jkt 232001
Dated: October 29, 2013.
Todd A. Stevenson,
Secretary.
[FR Doc. 2013–26118 Filed 10–29–13; 4:15 pm]
BILLING CODE 6355–01–P
COORDINATING COUNCIL ON
JUVENILE JUSTICE AND
DELINQUENCY PREVENTION
[OJP (OJJDP) Docket No. 1637]
Meeting of the Coordinating Council
on Juvenile Justice and Delinquency
Prevention
Coordinating Council on
Juvenile Justice and Delinquency
Prevention.
ACTION: Notice of meeting.
AGENCY:
The Coordinating Council on
Juvenile Justice and Delinquency
Prevention (Council) announces its next
meeting.
DATES: Wednesday, November 13, 2013
from 10:30 a.m. to 12:30 p.m.
ADDRESSES: The meeting will take place
in the third floor main conference room
at the U.S. Department of Justice, Office
of Justice Programs, 810 7th St. NW.,
Washington, DC 20531.
FOR FURTHER INFORMATION CONTACT: Visit
the Web site for the Coordinating
Council at www.juvenilecouncil.gov or
contact Kathi Grasso, Designated
Federal Official, by telephone at 202–
616–7567 [Note: this is not a toll-free
telephone number], or by email at
Kathi.Grasso@usdoj.gov. The meeting is
open to the public.
SUPPLEMENTARY INFORMATION: The
Coordinating Council on Juvenile
Justice and Delinquency Prevention,
established pursuant to Section 3(2)A of
the Federal Advisory Committee Act (5
U.S.C. App. 2) will meet to carry out its
advisory functions under Section 206 of
the Juvenile Justice and Delinquency
Prevention Act of 2002, 42 U.S.C. 5601,
SUMMARY:
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Highway, Bethesda, MD 20814, (301)
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et seq. Documents such as meeting
announcements, agendas, minutes, and
reports will be available on the
Council’s Web page,
www.juvenilecouncil.gov, where you
may also obtain information on the
meeting.
Although designated agency
representatives may attend, the Council
membership is composed of the
Attorney General (Chair), the
Administrator of the Office of Juvenile
Justice and Delinquency Prevention
(Vice Chair), the Secretary of Health and
Human Services (HHS), the Secretary of
Labor, the Secretary of Education, the
Secretary of Housing and Urban
Development, the Director of the Office
of National Drug Control Policy, the
Chief Executive Officer of the
Corporation for National and
Community Service, and the Assistant
Secretary of Homeland Security for U.S.
Immigration and Customs Enforcement.
The nine additional members are
appointed by the Speaker of the House
of Representatives, the Senate Majority
Leader, and the President of the United
States. Other federal agencies take part
in Council activities including the
Departments of Agriculture, Defense,
the Interior, and the Substance and
Mental Health Services Administration
of HHS.
Meeting Agenda
The preliminary agenda for this
meeting includes presentations on and
discussion of the Affordable Care Act
(ACA) and its implications for
adolescent and young adult
populations, including youth
transitioning from juvenile justice and
child welfare systems. In addition, it is
anticipated that member agencies and
practitioners will provide updates on
activities of relevance to the Council.
Registration
For security purposes, members of the
public who wish to attend the meeting
must pre-register online at
www.juvenilecouncil.gov no later than
November 7, 2013. Should problems
E:\FR\FM\31OCN1.SGM
31OCN1
]]>Agencies
[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Notices]
[Pages 65293-65297]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25893]
[[Page 65293]]
=======================================================================
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CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2010-0041]
Collection of Information; Proposed Extension of Approval;
Comment Request--Publicly Available Consumer Product Safety Information
Database
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: As required by the Paperwork Reduction Act of 1995 (PRA) (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 the Publicly Available Consumer Product
Safety Information Database. The Commission will consider all comments
received in response to this notice before requesting an extension of
approval of this collection of information from the Office of
Management and Budget (OMB).
DATES: The Office of the Secretary must receive comments not later than
December 2, 2013.
ADDRESSES: OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: CPSC Desk Officer,
FAX: 202-395-6974, or emailed to oira_submission@omb.eop.gov. All
comments should be identified by Docket No. CPSC-2010-0041. In
addition, written comments also should be submitted at https://www.regulations.gov, under Docket No. CPSC-2010-0041, or by mail/hand
delivery/courier (for paper, disk, or CD-ROM submissions), preferably
in five copies, to: Office of the Secretary, U.S. Consumer Product
Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD
20814; telephone (301) 504-7923. For access to the docket to read
background documents or comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: 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:
rsquibb@cpsc.gov.
SUPPLEMENTARY INFORMATION: In the Federal Register of August 15, 2013
(78 FR 49730), the CPSC published a notice in accordance with
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter
35). This notice announced CPSC's intention to seek extension of
approval of a collection of information for a database on the safety of
consumer products and other products and substances regulated by the
Commission (Database), as required by section 212 of the Consumer
Product Safety Improvement Act of 2008 (CPSIA).
Two comments were received in response to the August 15th notice.
One commenter stated support for extension of the approval of the
collection of information for the Database, citing the usefulness of
the data collected to both the CPSC and to consumers. This commenter
also suggested that the Database could be even more useful if CPSC
would provide a link to any corrective action, fine, recall or safety
alert involving a reported product. CPSC agrees that the links
suggested by the commenter would add value to the Database. However,
incorporating new features would require resources that are not
currently available. CPSC will take the suggestion under advisement and
consider such modifications if and when resources for modifications are
available. Another commenter stated that CPSC does not help consumers.
CPSC has no response to this comment because the comment is outside the
scope of the inquiry regarding paperwork burdens associated with the
requested collection of information.
By publication of this notice, the Commission announces that it has
submitted to the Office of Management and Budget (OMB) a request for
extension of approval of the collection of information for the Database
without change.
A. Background
Section 212 of the Consumer Product Safety Improvement Act of 2008
(CPSIA) added section 6A to the Consumer Product Safety Act (CPSA)
which requires the Consumer Product Safety Commission (CPSC or
Commission) to establish and maintain a publicly available, searchable
database on the safety of consumer products, and other products or
substances regulated by the Commission (Database). Among other things,
section 6A of the CPSA requires the Commission to collect reports of
harm from the public for potential publication in the publicly
available Database, and to collect and publish comments about reports
of harm from manufacturers.
The Commission announced that a proposed collection of information
in conjunction with the Database, called the Publicly Available
Consumer Product Safety Information Database, had been submitted to OMB
for review and clearance under 44 U.S.C. 3501-3520 in a proposed rule
published on May 24, 2010 (75 FR 29156). The Commission issued a final
rule on the Database on December 9, 2010 (75 FR 76832). The final rule
interprets various statutory requirements in section 6A of the CPSA
pertaining to the information to be included in the Database and also
establishes provisions regarding submitting reports of harm; providing
notice of reports of harm to manufacturers; publishing reports of harm
and manufacturer comments in the Database; and dealing with
confidential and materially inaccurate information.
OMB approved the collection of information for the Database under
control number 3041-0146. OMB's most recent extension of approval will
expire on January 31, 2014. The Commission now proposes to request an
extension of approval of this collection of information.
B. Information Collected Through the Database
The primary purpose of this information collection is to populate
the publicly searchable Database of consumer product safety information
mandated by section 6A of the CPSA. There are four components to the
information collection: Reports of harm, manufacturer comments,
branding information, and the Small Batch Manufacturer Registry (SBMR).
Reports of Harm: Reports of harm communicate information regarding
an injury, illness, or death, or any risk (as determined by the
Commission) of injury, illness, or death, relating to the use of a
consumer product. Reports can be submitted to the CPSC by consumers;
local, State, or Federal government agencies; health care
professionals; child service providers; public safety entities; and
others. Reports may be submitted in one of three ways: Via the CPSC Web
site (www.SaferProducts.gov), by telephone via a CPSC call center, or
by email, fax, or mail using the incident report form (available for
download or printing via the CPSC Web site). Reports may also originate
as a free-form letter or email. Submitters must consent to inclusion of
their report of harm in the publicly searchable Database.
Manufacturer Comments: A manufacturer or private labeler may submit
a comment related to a report of harm if the report of harm identifies
the manufacturer or private labeler and the CPSC transmits such report
of harm to the manufacturer. Manufacturer comments may be submitted
through the business portal, by email, mail, or fax. The business
portal is a feature of the Database that allows manufacturers who
register on the business portal to
[[Page 65294]]
receive reports of harm and comment on such reports through the
business portal. Use of the business portal expedites the receipt of
reports of harm and business response times.
A manufacturer may request that the Commission designate
information in a report of harm as confidential. Such a request may be
made using the business portal, by email, by mail, or by fax. Also, any
person or entity reviewing a report of harm or manufacturer comment,
either before or after publication in the Database, may request that
the report or comment, or portions of the report or comment, be
excluded from the Database because the report or comment contains
materially inaccurate information. Such a request may be made by
manufacturers using the business portal, by email, mail or fax, and may
be submitted by anyone else by email, mail, or fax.
Branding Information: Using the business portal, registered
businesses may voluntarily submit branding information to assist CPSC
in correctly and timely routing reports of harm involving their
products to them. Brand names may be licensed to another entity for use
in labeling consumer products manufactured by that entity. CPSC's
understanding of licensing arrangements for consumer products can help
to give the correct manufacturer timely notification of a report of
harm.
Small Batch Manufacturers Registry: The business portal also
contains the SBMR, which is the online mechanism by which small batch
manufacturers (as defined in the CPSA) can identify themselves to
obtain relief from certain third party testing requirements for
children's products. To register as a small batch manufacturer a
business must attest that the company's income level and the number of
units of the covered product manufactured for which relief is sought
both fall within the statutory limits to receive relief from third
party testing.
C. Estimated Burden
1. Estimated Annual Burden for Respondents
We estimate the burden of this collection of information as
follows:
---------------------------------------------------------------------------
\1\ Frequency of responses is calculated by dividing the number
of responses by the number of respondents.
\2\ Numbers have been rounded.
Table 1--Estimated Annual Reporting Burden for Reports of Harm
----------------------------------------------------------------------------------------------------------------
Number of Response Total annual Minutes per Total burden,
Collection type respondents frequency \1\ responses response in hours \2\
----------------------------------------------------------------------------------------------------------------
Reports of Harm--submitted 8,030 1.02 8,207 12 1,641
through web site...............
Reports of Harm--submitted by 3,749 1.00 3,749 10 625
phone..........................
Reports of Harm--submitted by 904 6.71 6,067 20 2,022
mail, email, fax...............
-------------------------------------------------------------------------------
Total....................... 12,683 .............. 18,023 .............. 4,288
----------------------------------------------------------------------------------------------------------------
Table 2--Estimated Annual Reporting Burden for Manufacturer Submissions
----------------------------------------------------------------------------------------------------------------
Number of Response Total annual Minutes per Total burden,
Collection type respondents frequency \1\ responses response in hours \2\
----------------------------------------------------------------------------------------------------------------
Manufacturer Comments--submitted 624 8.20 5,117 116 9,893
through web site...............
Manufacturer Comments--submitted 132 1.25 165 146 402
by mail, email, fax............
Requests to Treat Information as 11 1.27 14 15 4
Confidential--submitted through
web site.......................
Requests to Treat Information as 0 0 0 45 0
Confidential--submitted by
mail, email, fax...............
Requests to Treat Information as 231 2.46 568 438 4,146
Materially Inaccurate--
submitted through web site.....
Requests to Treat Information as 83 1.25 104 468 811
Materially Inaccurate--
submitted by mail, email, fax..
Voluntary Brand Identification.. 545 2.25 1,227 10 205
Small Batch Manufacturer 578 1 578 10 96
Identification.................
-------------------------------------------------------------------------------
Total....................... 2,204 .............. 7,773 .............. 15,557
----------------------------------------------------------------------------------------------------------------
Based on the data set forth in tables 1 and 2 above, the annual
reporting cost is estimated to be $1,086,332. This estimate is based on
the sum of two estimated figures for reports of harm and manufacturer
submissions. The estimated number of respondents and responses are
based on the actual responses received in FY 2012. We assume that the
number of responses and respondents will be similar in future years.
Reports of Harm: Table 1 sets forth the data used to estimate the
burden associated with submitting reports of harm. We had previously
estimated the time associated with the electronic and telephone
submission of reports of harm at 12 and 10 minutes respectively and so
used those figures for present purposes as well. We estimate that the
time associated with a paper or PDF form would be 20 minutes on
average.
To estimate the costs for submitting reports of harm we multiplied
the estimated total burden hours associated with reports of harm (1,641
hours + 625 hours + 2,022 hours = 4,288 hours) by an estimated total
compensation for all workers in private industry of $29.13 per hour,\3\
which results in an estimated cost of $124,909 (4,288 hours x $29.13
per hour = $124,909).
---------------------------------------------------------------------------
\3\ U.S. Department of Labor, Bureau of Labor Statistics, Table
9 of the Employer Costs for Employee Compensation (ECEC), Private
Industry, goods-producing and service-providing industries, by
occupational group, March 2013 (data extracted on 07/24/2013 from
https://www.bls.gov/news.release/ecec.t09.htm.
---------------------------------------------------------------------------
Manufacturer Submissions: Table 2 sets forth the data used to
estimate the burden associated with manufacturer submissions to the
Database. To gain information on how long it takes a
[[Page 65295]]
manufacturer to submit a general comment or a claim that a report
contains materially inaccurate information through the business portal,
we contacted six businesses registered on the business portal. We asked
each company how long it typically takes to research, compose, and
enter a comment or a claim of materially inaccurate information. We had
observed that a large percentage of the general comments come from a
few businesses and assumed that the experience of a business that
submits many comments each year would be different from one that
submits only a few. Accordingly, we divided all responding businesses
into three groups based on the number of general comments submitted in
FY 2012, and then selected two businesses from each group to contact.
The first group we contacted was made of up of businesses that
submitted 50 or more comments in FY 2012, accounting for 46% of all
general comments received. The second group we contacted included
businesses that submitted 6 to 49 comments, accounting for 36% of all
general comments received. The last group contacted included businesses
that submitted no more than five comments, accounting for 18% of all
general comments received.
To estimate the burden associated with submitting a general comment
regarding a report of harm through the business portal, we averaged the
burden provided by each company within each group and then calculated a
weighted average from the three groups, weighting each group by the
proportion of comments received from that group. We found that the
average time to submit a general comment regarding a report of harm is
116 minutes based on the data in table 3 (((10 minutes + 180 minutes)/2
companies)*.46 + ((10 minutes + 30 minutes)/2 companies)*.36 + ((240
minutes + 480 minutes)/2 companies)*.18 = 116 minutes).
Table 3--Estimated Burden To Enter a General Comment in the Database
------------------------------------------------------------------------
General
Group Company comments
(minutes)
------------------------------------------------------------------------
Group 1 (>=50 comments)........... Company A........... 10.
Company B........... 180.
Group 2 (6-49 comments)........... Company A........... 10.
Company B........... 30.
Group 3 (<=5 comments)............ Company A........... 240.
Company B........... 480.
------------------------------------------------------------------------
Registered businesses generally submit comments through our Web
site. Unregistered businesses submit comments by mail, email, or fax.
We estimate that submitting comments in this way takes a little longer
because we often must ask the business to amend their submission to
include the required certifications. Thus, we estimated that on
average, comments submitted by mail, email, or fax take 30 minutes
longer than those submitted through our Web site (116 minutes + 30
minutes = 146 minutes).
The submission of a claim of materially inaccurate information is a
relatively rare event for all respondents, so we averaged all responses
together. Four of the businesses contacted had submitted claims of
materially inaccurate information during FY 2012. We found that the
average time to submit a claim that a report of harm contains a
material inaccuracy is 438 minutes ((10 minutes + 120 minutes + 180
minutes + 1,440 minutes)/4 companies = 438 minutes).
Registered businesses generally submit claims through the business
portal. Unregistered businesses submit claims by mail, email, or fax.
We estimate that submitting claims in this way takes a little longer
because we often must ask the business to amend their submission to
include the required certifications. Thus, we estimated that on
average, claims submitted by mail, email, or fax take 30 minutes longer
than those submitted through our Web site (438 minutes + 30 minutes =
468 minutes).
We had previously estimated that confidential information claims
submitted through our Web site would take 15 minutes because the
information to be entered would be readily accessible by the
respondent. We have found that confidential information claims are very
rare and do not have enough information to update this estimate.
Although we have not received any confidential information claims by
mail, email, or fax, based on our experience with comments and claims
of materially inaccurate information, we estimate that a confidential
information claim submitted by mail, email, or fax would take 30
minutes longer than those submitted through our Web site (15 minutes +
30 minutes = 45 minutes).
For voluntary brand identification, we estimate that a response
would take 10 minutes on average. Most responses consist only of the
brand name and a product description. In many cases a business will
submit multiple entries in a brief period of time and we can see from
the date and time stamps on these records that an entry often takes
less than two minutes. CPSC staff enters the same data in a similar
form based on our own research, and that experience was also factored
into our estimate.
For small batch manufacturer identification, we estimate that a
response would take 10 minutes on average. The form consists of three
check boxes and the information should be readily accessible to the
respondent.
The responses summarized in Table 2 are generally submitted by
manufacturers. To avoid underestimating the cost associated with the
collection of this data, we assigned the higher hourly wage associated
with a manager or professional in goods-producing industries to these
tasks. To estimate the cost of manufacturer submissions we multiplied
the estimated total burden hours in Table 2 (15,557 hours) by an
estimated total compensation for a manager or professional in goods-
producing industries of $61.80 per hour,\4\ which results in an
estimated cost of $961,423 (15,557 hours x $61.80 per hour = $961,423).
---------------------------------------------------------------------------
\4\ U.S. Department of Labor, Bureau of Labor Statistics, Table
9 of the Employer Costs for Employee Compensation (ECEC), Private
Industry, goods-producing and service-providing industries, by
occupational group, March 2013 (data extracted on 07/24/2013 from
https://www.bls.gov/news.release/ecec.t09.htm.
---------------------------------------------------------------------------
Therefore, the total estimated annual cost to respondents is
$1,086,332 ($124,909 burden for reports of harm + $961,423 burden for
manufacturer submissions = $1,086,332).
[[Page 65296]]
2. Estimated Annual Burden on Government
The annualized cost to the CPSC is estimated to be $1,028,794. This
figure is based on the costs for four categories of work for the
Database: Reports of Harm, Materially Inaccurate Information Claims,
Manufacturer Comments, and Small Batch Identification. Each category is
described below. No government cost is associated with Voluntary Brand
Identification because this information is entered directly into the
Database by the manufacturer with no processing required by the
government. The information assists the government in directing reports
of harm to the correct manufacturer. We did not attempt to separately
calculate the government cost for claims of confidential information
because the number of claims is so small. The time to process these
claims is included with claims of materially inaccurate information.
Reports of Harm: The Reports of Harm category includes many
different tasks. Some costs related to this category are from a data
entry contract. Tasks related to this contract include clerical coding
of the report, such as identifying the type of consumer product
reported and the appropriate associated hazard, as well as performing
quality control on the data in the report. The contractor spends an
estimated 3,380 hours per year performing these tasks. With an hourly
rate of $32.57, the annual cost to the government is $110,087.
The Reports of Harm category also includes sending consent requests
for reports when necessary, processing that consent when received,
determining whether a product is out of CPSC's jurisdiction, and
confirming that pictures and attachments do not have any personally
identifiable information. The Reports category also entails notifying
manufacturers when one of their products is reported, completing a risk
of harm determination form for every report eligible for publication,
referring some reports to a Subject Matter Expert (SME) within the CPSC
for a determination on whether the reports meet the requirement of
having a risk of harm, and determining whether a report meets all the
statutory and regulatory requirements for publication. Detailed costs
are described in Table 4.
Table 4--Estimated Costs for Reports of Harm Task
----------------------------------------------------------------------------------------------------------------
Total
Grade level Number of compensation Total annual
hours (annual) per hour cost
----------------------------------------------------------------------------------------------------------------
Contract........................................................ 3,380 $32.57 $110,086.60
7............................................................... 1,560 33.03 51,526.80
9............................................................... 832 40.53 33,720.96
12.............................................................. 6,396 58.78 375,956.88
13.............................................................. 884 69.67 61,588.28
14.............................................................. 2,053 82.60 169,577.80
15.............................................................. 421 96.84 40,769.64
-----------------------------------------------
Total....................................................... 12,146 .............. 843,226.96
----------------------------------------------------------------------------------------------------------------
Materially Inaccurate Information (MII) Claims: The MII Claims
category includes reviewing and responding to claims, participating in
meetings where the claims are discussed, and completing a risk of harm
determination on reports when a company alleges that a report does not
describe a risk of harm. Detailed costs are described in Table 5.
Table 5--Estimated Costs for MII Claims Task
----------------------------------------------------------------------------------------------------------------
Total
Grade level Number of compensation Total annual
hours (annual) per hour cost
----------------------------------------------------------------------------------------------------------------
12.............................................................. 364 $58.78 $21,395.92
13.............................................................. 1,040 69.67 72,456.80
14.............................................................. 378 82.60 31,222.80
15.............................................................. 151 96.84 14,622.84
SES............................................................. 104 103.91 10,806.64
-----------------------------------------------
Total....................................................... 2,037 .............. 150,505.00
----------------------------------------------------------------------------------------------------------------
Manufacturer Comments: The Comments category includes reviewing and
accepting or rejecting comments. Detailed costs are described in Table
6.
Table 6--Estimated Costs for Manufacturer Comments Task
----------------------------------------------------------------------------------------------------------------
Total
Grade level Number of compensation Total annual
hours (annual) per hour cost
----------------------------------------------------------------------------------------------------------------
12.............................................................. 104 $58.78 $6,113.12
13.............................................................. 182 69.67 12,679.94
-----------------------------------------------
Total....................................................... 286 .............. 18,793.06
----------------------------------------------------------------------------------------------------------------
[[Page 65297]]
Small Batch Manufacturer Identification: The Small Batch
Manufacturer Identification category includes time spent posting the
list of small batch registrations, as well as answering manufacturer's
questions on how to register as a Small Batch company and what it means
to that company. Detailed costs are described in Table 7.
Table 7--Estimated Costs for Small Batch Task
----------------------------------------------------------------------------------------------------------------
Total
Grade level Number of compensation Total annual
hours (annual) per hour cost
----------------------------------------------------------------------------------------------------------------
15.............................................................. 168 $96.84 $16,269.12
-----------------------------------------------
Total....................................................... 168 .............. 16,269.12
----------------------------------------------------------------------------------------------------------------
We estimate the annualized cost to the CPSC of $1,028,794 by adding
the four categories of work related to the Database summarized in
Tables 4 through 7 (Reports of Harm ($843,226.96) + MII Claims
($150,505.00) + Manufacturer Comments ($18,793.06) + Small Batch
Identification ($16,269.12) = $1,028,794).
This information collection renewal request based on an estimated
19,845 burden hours per year for the Database is a decrease of 17,284
hours since this collection of information was last approved by OMB in
2011. The decrease in burden is due primarily to the fact that the
number of responses was overestimated in our original request.
Dated: October 28, 2013.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2013-25893 Filed 10-30-13; 8:45 am]
BILLING CODE 6355-01-P
