Submission for OMB Review; Comment Request-Clothing Textiles, Vinyl Plastic Film, 17139-17141 [2014-06772]
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Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Notices
C. Decision on Petition To Make
Special Under the Glossary Pilot
Program (Form PTO/SB/436): If
applicant files a petition using Form
PTO/SB/436, the USPTO will decide the
petition once the application is ready
for examination. If the petition is
granted, the application will receive
expedited processing up until the time
of the first Office action, in accordance
with all applicable laws, regulations,
and policies. In particular, the
application will be placed on the
examiner’s special docket prior to the
first Office action, and will have special
status up to issuance of the first Office
action. Thereafter, the application will
be placed on the examiner’s regular
amended docket, unless designated
special in accordance with another
established procedure (e.g., Accelerated
Examination, Prioritized Examination,
Special Based On Applicant’s Age, etc.).
If applicant files an incomplete Form
PTO/SB/436, or if an application
accompanied by Form PTO/SB/436 does
not comply with the requirements set
forth in this notice, the USPTO will
notify the applicant of the deficiency by
issuing a notice, and applicant will be
given only one opportunity to correct
the deficiency, if correctable. If
applicant still wishes to participate in
the Glossary Pilot Program, applicant
must make appropriate corrections
within one month or thirty (30) days of
the mailing date of the notice,
whichever is longer. The time period for
reply is not extendable under 37 CFR
1.136(a). If applicant fails to correct the
deficiency indicated in the notice
within the time period set forth therein,
the application will not be eligible for
the Glossary Pilot Program, and the
application will be taken up for
examination in accordance with
standard examination procedures,
unless designated special in accordance
with another established procedure
(e.g., Accelerated Examination,
Prioritized Examination, Special Based
On Applicant’s Age, etc.). An originallyfiled glossary providing explicit
definitions on the record will control
the interpretation of the relevant claim
terms, whether or not the petition is
granted.
D. Interviews: Standard interview
practice and procedures applicable to
regular ex parte prosecution will be
available for applications participating
in the Glossary Pilot Program.
Applications accepted into the Glossary
Pilot Program that also participate in the
First Action Interview (FAI) Pilot
Program must meet all the requirements
and procedural limitations of the FAI
Pilot Program.
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E. Examination: During examination,
in applications claiming benefit of an
earlier application under 35 U.S.C. 119,
claims that include terms defined in the
glossary section will be examined to
ensure they comply with the
requirements of 35 U.S.C. 112(a) in
order to determine their effective filing
date in accordance with standard
examining procedure. An applicant
cannot subsequently disavow the
meaning of any term that has already
been defined in the glossary section
submitted on filing. Except for the
correction of typographical errors, the
glossary definitions cannot be amended
or deleted during examination. The
examiner will consider the glossary
section as controlling for the meaning of
the terms defined in the glossary
section.
Dated: March 24, 2014.
Michelle K. Lee,
Deputy Under Secretary of Commerce for
Intellectual Property and Deputy Director of
the United States Patent and Trademark
Office.
[FR Doc. 2014–06792 Filed 3–26–14; 8:45 am]
BILLING CODE 3510–16–P
CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2009–0092]
Submission for OMB Review;
Comment Request—Clothing Textiles,
Vinyl Plastic Film
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
The Consumer Product Safety
Commission (Commission or CPSC)
announces that it has submitted to the
Office of Management and Budget
(OMB) a request for extension of
approval of a collection of information
from manufacturers and importers of
clothing, textiles, and related materials
intended for use in clothing under the
Standard for the Flammability of
Clothing Textiles (16 CFR part 1610)
and the Standard for the Flammability
of Vinyl Plastic Film (16 CFR part 1611)
under the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35).
DATES: Written comments on this
request for extension of approval of
information collection requirements
should be submitted by April 28, 2014.
ADDRESSES: Submit comments about
this request by email: OIRA_
submission@omb.eop.gov or fax: 202–
395–6881. Comments by mail should be
sent to the Office of Information and
Regulatory Affairs, Attn: OMB Desk
SUMMARY:
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17139
Officer for the CPSC, Office of
Management and Budget, Room 10235,
725 17th Street NW., Washington, DC
20503. In addition, written comments
that are sent to OMB also should be
submitted electronically at https://
www.regulations.gov, under Docket No.
CPSC–2009–0092.
FOR FURTHER INFORMATION CONTACT:
Robert H. Squibb, U.S. Consumer
Product Safety Commission, 4330 East
West Highway, Bethesda, MD 20814;
telephone: 301–504–7923 or by email to
rsquibb@cpsc.gov.
SUPPLEMENTARY INFORMATION: In the
Federal Register of June 14, 2013 (78 FR
35875), the Consumer Product Safety
Commission (CPSC or Commission)
published a notice in accordance with
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. Chapter 35) to
announce the CPSC’s intention to seek
extension of approval of a collection of
information from manufacturers and
importers who furnish guaranties for
products under 16 CFR parts 1610 and
1611.
A. Background
Clothing and fabrics intended for use
in clothing (except children’s sleepwear
in sizes 0 through 14) are subject to the
Standard for the Flammability of
Clothing Textiles (16 CFR part 1610).
Clothing made from vinyl plastic film
and vinyl plastic film intended for use
in clothing (except children’s sleepwear
in sizes 0 through 14) are subject to the
Standard for the Flammability of Vinyl
Plastic Film (16 CFR part 1611). The
standards set forth in 16 CFR parts 1610
and 1611 prescribe a test to help ensure
that articles of wearing apparel, and
fabrics and film intended for use in
wearing apparel, are not dangerously
flammable because of rapid and intense
burning. Children’s sleepwear and
fabrics and related materials intended
for use in children’s sleepwear in sizes
0 through 14 are subject to other, more
stringent flammability standards
codified at 16 CFR parts 1615 and 1616.
Pursuant to the Flammable Fabrics Act
of 1953 (FFA) (Pub. L. 83–88, 67 Stat.
111; June 30, 1953), the testing
procedures in 16 CFR parts 1610 and
1611 are mandatory for those firms that
issue guaranties.
Section 8 of the FFA (15 U.S.C. 1197)
provides that a person who receives a
guaranty in good faith that a product
complies with an applicable
flammability standard is not subject to
criminal prosecution for a violation of
the FFA resulting from the sale of any
product covered by the guaranty. For
example, a distributor or importer may
rely on a guaranty issued by another
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Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Notices
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firm stating that the fabric or wearing
apparel covered by the guaranty is
compliant with 16 CFR parts 1610 and
1611. The Commission uses the
information compiled and maintained
by firms that issue these guaranties to
help protect the public from risks of
injury or death associated with clothing
and fabrics and vinyl film intended for
use in clothing. In addition, the
information helps the Commission
pursue corrective actions if any
products covered by a guaranty fail to
comply with the applicable standard in
a manner that creates a substantial risk
of injury or death to the public.
Firms are not required to issue
guaranties for fabrics or wearing apparel
that they manufacture or distribute.
Only domestic firms, or foreign entities
with a domestic presence, can issue a
guaranty. For those firms that choose to
issue guaranties, section 8 of the FFA
requires that such guaranties must be
based on ‘‘reasonable and representative
tests.’’ However, testing is not required
to support a guaranty when the guaranty
is based on an exemption contained in
16 CFR 1610.1(d). Continuing guaranties
may be filed with the Commission. Any
firm that issues a guaranty must keep
records of the related tests. The testing
and recordkeeping requirements for
firms that issue guaranties are set forth
under 16 CFR part 1610, subpart B, and
16 CFR part 1611, subpart B.
B. Comments
We received two comments,
discussing four issues, in response to
the June 14, 2013 notice.
Comment 1: One commenter stated
that a study should be conducted to
assess whether ‘‘anti-inflammatory
chemicals’’ may increase the risk of
cancer.
Response 1: This comment is outside
the scope of the inquiry regarding
paperwork burdens associated with
issuing guaranties.
Comment 2: The American Apparel
and Footwear Association (AAFA)
asserts that under the FFA, continuing
guaranties must be maintained for 3
years. However, AAFA notes that the
proposed rulemaking for certificates of
compliance under 16 CFR part 1110
would require certificates of compliance
for non-children’s apparel and
supporting test records to be maintained
for 5 years, as opposed to 3 years. AAFA
opposes the addition of 2 years of record
keeping requirements for such
certificates.
Response 2: This information
collection is on guaranties issued
pursuant to 16 CFR parts 1610 and
1611. Accordingly, recordkeeping
requirements for certificates of
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compliance are outside the scope of this
information collection.
Comment 3: The AAFA questioned
the accuracy of the Commission’s
estimate that 1,000 apparel
manufacturers and importers issue
guaranties. AAFA noted that in 2010,
more than 7,000 U.S. companies were
included in the general U.S. Census
category of Apparel Manufacturing and
about 6,000 in the category of Textile
Mills. Additionally, the AAFA noted
that in 2011, based on U.S. Customs and
Border Protection estimates, there were
about 68,000 apparel importers. Based
on the figures provided in its comment,
AAFA believes that the number of
apparel and textile manufacturers that
furnish guaranties is more than the
Commission’s estimate of 1,000. AAFA
requested that the Commission describe
in detail how the Commission came to
the estimate of 1,000 manufacturers and
importers that issue guaranties.
Response 3: For the purposes of this
response, we do not question the
accuracy of the figures provided by
AAFA. However, staff believes that the
figures provided by AAFA do not
provide an accurate basis to estimate the
number of manufacturers and importers
that issue guaranties. Manufacturers and
importers are not required to issue
guaranties, and only domestic firms, or
firms with a domestic presence may
issue guaranties. Thus, even though tens
of thousands of companies may be
manufacturing or importing fabric or
wearing apparel, based on guaranties
filed with the Commission, compliance
experience with the industry, and
previous discussions with AAFA
members, staff does not believe that
most of these firms are issuing
guaranties.
AAFA has not provided information
that would aid in revising the
Commission’s estimate of the number of
firms that issue guaranties. The
Commission’s estimate of 1,000 firms
that issue guaranties was based on the
number of guaranties that have been
filed with the Commission. The
Commission’s most recent updated
records indicate that approximately 660
firms have active continuing guaranties.
Because guaranties are not required to
be filed with the Commission, CPSC
staff rounded the number of firms that
issue guaranties up to 1,000.
Comment 4: The AAFA also
questioned the Commission’s estimate
that the regulations impose an average
annual burden of about 101.6 hours on
each firm that issues guaranties. AAFA
noted that the apparel industry is
dynamic, with rapidly changing styles
and products. AAFA stated that in 2011,
there were about 11 million separate
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entries of imported apparel. AAFA
argued that if each entry required one
hour of recordkeeping, the total burden
could be 11 million hours, much more
than the Commission’s estimate of
101,600 burden hours. AAFA requested
that the Commission describe in detail
how the average annual burden of 101.6
hours per firm was derived.
Response 4: The number of apparel
entries does not provide an accurate
basis for determining the recordkeeping
burden for firms that issue guaranties
because: (a) Importers are not required
to issue or to file a guaranty with each
import entry for fabric or wearing
apparel; (b) imported fabric and apparel
entries are not required to be
accompanied by a guaranty; (c) even
when fabric or apparel entries are
covered by a guaranty, one guaranty can
cover multiple products, fabrics, and
entries; and (d) the number of apparel
entries in a given year does not provide
any information about what tests and
records are required to be maintained
which would inform an estimate of the
recordkeeping burden. A direct
relationship does not exist between the
number of apparel entries in a given
year and either the number of guaranties
issued by firms or the burden hours
associated with issuing a guaranty.
Accordingly, the Commission has not
relied upon the number of apparel
entries to estimate the recordkeeping
burden for guaranties.
The Commission’s estimate of 101.6
average annual burden hours per firm
for issuing guaranties is based on an
estimate of the time for each firm that
issues a guaranty to conduct the testing
required by the regulations, to issue
guaranties, and to establish and
maintain associated records. In arriving
at estimates of testing time, CPSC
considered our own laboratory and
Compliance experience and the
experience of several AAFA- and
ASTM-member manufacturers’ and
third party testing laboratories. The
estimates used were purposely
generous, and may overstate the actual
time necessary to conduct testing.
Additionally, the estimated testing time
is an over-estimate because the testing
time is applied to every firm per
guaranty issued, even though many
firms may issue guaranties based on an
exemption from testing under 16 CFR
1610.1(d), and may not actually conduct
testing. The Commission’s average
annual burden hour estimate of 101.6 is
explained in detail in section C below.
C. Burden Hours
The Commission’s estimate of 1,000
firms that issue guaranties is based on
the number of continuing guaranties
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Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Notices
that have been filed with the
Commission. The Commission’s last
updated records indicate that
approximately 660 firms have active
continuing guaranties. Because
continuing guaranties are not required
to be filed with the Commission, CPSC
staff rounded the number of firms up to
1,000.
The Commission estimates that the
flammability standards for clothing
textiles and vinyl plastic film and
enforcement regulations impose an
average annual burden of about 101.6
hours on each of those firms, based on
an estimate of the time for each firm to
conduct testing, issue guaranties, and to
establish and maintain associated
records. The average annual burden
hour estimate of 101.6 is based on the
following assumptions, which are
based, among other things, on staff’s
experience with and expertise in testing
requirements and procedures and staff’s
review of records relating to guaranties
that have been filed with the
Commission:
• Testing Time—5 hours per test
series, using either the test and
conditioning procedures in the
regulations or alternate methods that are
now allowed under the 2007
amendments to the regulations (this was
applied to all firms for each guaranty,
even though many firms no longer test
because the products are exempt by
virtue of weight or fiber content under
16 CFR 1610.1(d), or because the firms’
experience indicates that the fabrics
already comply);
• Guaranties Issued—On average, 20
new guaranties issued per firm per year
for new fabrics or garments;
• Estimated Annual Testing Time per
Firm—5 hours for testing × 20
guaranties issued = 100 hours per firm;
• Estimated Annual Recordkeeping
per Firm—1 hour to create, record, and
enter test data into a computerized
dataset; 20 minutes (= 0.3 hours) for
annual review/removal of records; 20
minutes (= 0.3 hours) to respond to one
CPSC records request per year; for a
total of 1.6 recordkeeping hours per firm
(1 hour + .3 hours + .3 hours = 1.6 hours
per firm);
• Total Estimated Annual Burden
Hours per Firm—100 hours Estimated
Annual Testing Time per Firm + 1.6
Estimated Annual Recordkeeping hours
per Firm = 101.6 hours per firm;
• Estimated Annual Industry
Burden—101.6 hours per firm × 1,000
firms issuing guaranties = 101,600
industry burden hours.
The total annual industry burden
imposed by the flammability standards
for clothing textiles and vinyl plastic
film and enforcement regulations on
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manufacturers and importers of
garments, fabrics, and related materials
is estimated to be about 101,600 hours
(101.6 hours per firm × 1,000 firms).
The hourly wage for the testing and
recordkeeping required by the standards
is about $61.06 (for management,
professional, and related occupations in
goods-producing industries, Bureau of
Labor Statistics, December 2012), for an
estimated annual cost to the industry of
approximately $6.2 million (101,600 ×
$61.06 = $6,203,696.00). The hourly
wage was updated from the $57.22
estimate used in the June 14, 2013
notice (for management, professional,
and related occupations in goodsproducing industries, Bureau of Labor
Statistics, June 2009).
The estimated annual cost of the
information collection requirements to
the federal government is approximately
$4,696, which is based on a total 80 staff
hours to examine and evaluate the
information as needed for Compliance
activities (representing an estimate of
the actual time required to conduct such
examination and evaluation in staff’s
experience). Compliance staff typically
reviews a subset of the guaranties filed
and may inspect firms that issue
guaranties. The estimated annual cost to
the government is based on a GS–12
level salaried employee. The average
hourly wage rate for a mid-level salaried
GS–12 employee in the Washington, DC
metropolitan area (effective as of
January 2011) is $40.80 (GS–12, step 5).
This represents 69.5 percent of total
compensation (U.S. Bureau of Labor
Statistics, ‘‘Employer Costs for
Employee Compensation,’’ December
2012, Table 1, percentage of wages and
salaries for all civilian management,
professional, and related employees:
https://www.bls.gov/ncs/). Adding an
additional 30.5 percent for benefits
brings average hourly compensation for
a mid-level salaried GS–12 employee to
$58.70 ($58.70 hourly compensation ×
80 hours = $4,696.00).
Dated: March 24, 2014.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2014–06772 Filed 3–26–14; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD–2014–HA–0005]
Submission for OMB Review;
Comment Request
ACTION:
PO 00000
Notice.
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17141
The Department of Defense
has submitted to OMB for clearance, the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
DATES: Consideration will be given to all
comments received by April 28, 2014.
FOR FURTHER INFORMATION CONTACT: Fred
Licari, 571–372–0493.
SUPPLEMENTARY INFORMATION:
Title, Associated Form and OMB
Number: Women, Infants and Children
Overseas Participant Satisfaction
Survey; OMB Control Number 0720–
0046.
Type of Request: Extension.
Number of Respondents: 75.
Responses per Respondent: 2.
Annual Responses: 150.
Average Burden per Response: 15
minutes.
Annual Burden Hours: 38.
Needs and Uses: The information
collection requirement is necessary to
obtain the participant’s satisfaction
levels with the services provided by the
WIC overseas staff and the overall
program. The findings from the surveys
will be used to determine the success of
the WIC overseas program and if
improvements are necessary.
Affected Public: Individual or
Households.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
OMB Desk Officer: Mr. John Kraemer.
Written comments and
recommendations on the proposed
information collection should be sent to
Mr. John Kraemer at the Office of
Management and Budget, Desk Officer
for DoD, Room 10236, New Executive
Office Building, Washington, DC 20503.
You may also submit comments,
identified by docket number and title,
by the following method:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name, docket
number and title for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the Internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
DOD Clearance Officer: Ms. Patricia
Toppings.
Written requests for copies of the
information collection proposal should
be sent to Ms. Toppings at WHS/ESD
Information Management Division, 4800
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Notices]
[Pages 17139-17141]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06772]
=======================================================================
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CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2009-0092]
Submission for OMB Review; Comment Request--Clothing Textiles,
Vinyl Plastic Film
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Consumer Product Safety Commission (Commission or CPSC)
announces that it has submitted to the Office of Management and Budget
(OMB) a request for extension of approval of a collection of
information from manufacturers and importers of clothing, textiles, and
related materials intended for use in clothing under the Standard for
the Flammability of Clothing Textiles (16 CFR part 1610) and the
Standard for the Flammability of Vinyl Plastic Film (16 CFR part 1611)
under the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).
DATES: Written comments on this request for extension of approval of
information collection requirements should be submitted by April 28,
2014.
ADDRESSES: Submit comments about this request by email: OIRA_submission@omb.eop.gov or fax: 202-395-6881. Comments by mail should be
sent to the Office of Information and Regulatory Affairs, Attn: OMB
Desk Officer for the CPSC, Office of Management and Budget, Room 10235,
725 17th Street NW., Washington, DC 20503. In addition, written
comments that are sent to OMB also should be submitted electronically
at https://www.regulations.gov, under Docket No. CPSC-2009-0092.
FOR FURTHER INFORMATION CONTACT: Robert H. Squibb, U.S. Consumer
Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814;
telephone: 301-504-7923 or by email to rsquibb@cpsc.gov.
SUPPLEMENTARY INFORMATION: In the Federal Register of June 14, 2013 (78
FR 35875), the Consumer Product Safety Commission (CPSC or Commission)
published a notice in accordance with provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. Chapter 35) to announce the CPSC's
intention to seek extension of approval of a collection of information
from manufacturers and importers who furnish guaranties for products
under 16 CFR parts 1610 and 1611.
A. Background
Clothing and fabrics intended for use in clothing (except
children's sleepwear in sizes 0 through 14) are subject to the Standard
for the Flammability of Clothing Textiles (16 CFR part 1610). Clothing
made from vinyl plastic film and vinyl plastic film intended for use in
clothing (except children's sleepwear in sizes 0 through 14) are
subject to the Standard for the Flammability of Vinyl Plastic Film (16
CFR part 1611). The standards set forth in 16 CFR parts 1610 and 1611
prescribe a test to help ensure that articles of wearing apparel, and
fabrics and film intended for use in wearing apparel, are not
dangerously flammable because of rapid and intense burning. Children's
sleepwear and fabrics and related materials intended for use in
children's sleepwear in sizes 0 through 14 are subject to other, more
stringent flammability standards codified at 16 CFR parts 1615 and
1616. Pursuant to the Flammable Fabrics Act of 1953 (FFA) (Pub. L. 83-
88, 67 Stat. 111; June 30, 1953), the testing procedures in 16 CFR
parts 1610 and 1611 are mandatory for those firms that issue
guaranties.
Section 8 of the FFA (15 U.S.C. 1197) provides that a person who
receives a guaranty in good faith that a product complies with an
applicable flammability standard is not subject to criminal prosecution
for a violation of the FFA resulting from the sale of any product
covered by the guaranty. For example, a distributor or importer may
rely on a guaranty issued by another
[[Page 17140]]
firm stating that the fabric or wearing apparel covered by the guaranty
is compliant with 16 CFR parts 1610 and 1611. The Commission uses the
information compiled and maintained by firms that issue these
guaranties to help protect the public from risks of injury or death
associated with clothing and fabrics and vinyl film intended for use in
clothing. In addition, the information helps the Commission pursue
corrective actions if any products covered by a guaranty fail to comply
with the applicable standard in a manner that creates a substantial
risk of injury or death to the public.
Firms are not required to issue guaranties for fabrics or wearing
apparel that they manufacture or distribute. Only domestic firms, or
foreign entities with a domestic presence, can issue a guaranty. For
those firms that choose to issue guaranties, section 8 of the FFA
requires that such guaranties must be based on ``reasonable and
representative tests.'' However, testing is not required to support a
guaranty when the guaranty is based on an exemption contained in 16 CFR
1610.1(d). Continuing guaranties may be filed with the Commission. Any
firm that issues a guaranty must keep records of the related tests. The
testing and recordkeeping requirements for firms that issue guaranties
are set forth under 16 CFR part 1610, subpart B, and 16 CFR part 1611,
subpart B.
B. Comments
We received two comments, discussing four issues, in response to
the June 14, 2013 notice.
Comment 1: One commenter stated that a study should be conducted to
assess whether ``anti-inflammatory chemicals'' may increase the risk of
cancer.
Response 1: This comment is outside the scope of the inquiry
regarding paperwork burdens associated with issuing guaranties.
Comment 2: The American Apparel and Footwear Association (AAFA)
asserts that under the FFA, continuing guaranties must be maintained
for 3 years. However, AAFA notes that the proposed rulemaking for
certificates of compliance under 16 CFR part 1110 would require
certificates of compliance for non-children's apparel and supporting
test records to be maintained for 5 years, as opposed to 3 years. AAFA
opposes the addition of 2 years of record keeping requirements for such
certificates.
Response 2: This information collection is on guaranties issued
pursuant to 16 CFR parts 1610 and 1611. Accordingly, recordkeeping
requirements for certificates of compliance are outside the scope of
this information collection.
Comment 3: The AAFA questioned the accuracy of the Commission's
estimate that 1,000 apparel manufacturers and importers issue
guaranties. AAFA noted that in 2010, more than 7,000 U.S. companies
were included in the general U.S. Census category of Apparel
Manufacturing and about 6,000 in the category of Textile Mills.
Additionally, the AAFA noted that in 2011, based on U.S. Customs and
Border Protection estimates, there were about 68,000 apparel importers.
Based on the figures provided in its comment, AAFA believes that the
number of apparel and textile manufacturers that furnish guaranties is
more than the Commission's estimate of 1,000. AAFA requested that the
Commission describe in detail how the Commission came to the estimate
of 1,000 manufacturers and importers that issue guaranties.
Response 3: For the purposes of this response, we do not question
the accuracy of the figures provided by AAFA. However, staff believes
that the figures provided by AAFA do not provide an accurate basis to
estimate the number of manufacturers and importers that issue
guaranties. Manufacturers and importers are not required to issue
guaranties, and only domestic firms, or firms with a domestic presence
may issue guaranties. Thus, even though tens of thousands of companies
may be manufacturing or importing fabric or wearing apparel, based on
guaranties filed with the Commission, compliance experience with the
industry, and previous discussions with AAFA members, staff does not
believe that most of these firms are issuing guaranties.
AAFA has not provided information that would aid in revising the
Commission's estimate of the number of firms that issue guaranties. The
Commission's estimate of 1,000 firms that issue guaranties was based on
the number of guaranties that have been filed with the Commission. The
Commission's most recent updated records indicate that approximately
660 firms have active continuing guaranties. Because guaranties are not
required to be filed with the Commission, CPSC staff rounded the number
of firms that issue guaranties up to 1,000.
Comment 4: The AAFA also questioned the Commission's estimate that
the regulations impose an average annual burden of about 101.6 hours on
each firm that issues guaranties. AAFA noted that the apparel industry
is dynamic, with rapidly changing styles and products. AAFA stated that
in 2011, there were about 11 million separate entries of imported
apparel. AAFA argued that if each entry required one hour of
recordkeeping, the total burden could be 11 million hours, much more
than the Commission's estimate of 101,600 burden hours. AAFA requested
that the Commission describe in detail how the average annual burden of
101.6 hours per firm was derived.
Response 4: The number of apparel entries does not provide an
accurate basis for determining the recordkeeping burden for firms that
issue guaranties because: (a) Importers are not required to issue or to
file a guaranty with each import entry for fabric or wearing apparel;
(b) imported fabric and apparel entries are not required to be
accompanied by a guaranty; (c) even when fabric or apparel entries are
covered by a guaranty, one guaranty can cover multiple products,
fabrics, and entries; and (d) the number of apparel entries in a given
year does not provide any information about what tests and records are
required to be maintained which would inform an estimate of the
recordkeeping burden. A direct relationship does not exist between the
number of apparel entries in a given year and either the number of
guaranties issued by firms or the burden hours associated with issuing
a guaranty. Accordingly, the Commission has not relied upon the number
of apparel entries to estimate the recordkeeping burden for guaranties.
The Commission's estimate of 101.6 average annual burden hours per
firm for issuing guaranties is based on an estimate of the time for
each firm that issues a guaranty to conduct the testing required by the
regulations, to issue guaranties, and to establish and maintain
associated records. In arriving at estimates of testing time, CPSC
considered our own laboratory and Compliance experience and the
experience of several AAFA- and ASTM-member manufacturers' and third
party testing laboratories. The estimates used were purposely generous,
and may overstate the actual time necessary to conduct testing.
Additionally, the estimated testing time is an over-estimate because
the testing time is applied to every firm per guaranty issued, even
though many firms may issue guaranties based on an exemption from
testing under 16 CFR 1610.1(d), and may not actually conduct testing.
The Commission's average annual burden hour estimate of 101.6 is
explained in detail in section C below.
C. Burden Hours
The Commission's estimate of 1,000 firms that issue guaranties is
based on the number of continuing guaranties
[[Page 17141]]
that have been filed with the Commission. The Commission's last updated
records indicate that approximately 660 firms have active continuing
guaranties. Because continuing guaranties are not required to be filed
with the Commission, CPSC staff rounded the number of firms up to
1,000.
The Commission estimates that the flammability standards for
clothing textiles and vinyl plastic film and enforcement regulations
impose an average annual burden of about 101.6 hours on each of those
firms, based on an estimate of the time for each firm to conduct
testing, issue guaranties, and to establish and maintain associated
records. The average annual burden hour estimate of 101.6 is based on
the following assumptions, which are based, among other things, on
staff's experience with and expertise in testing requirements and
procedures and staff's review of records relating to guaranties that
have been filed with the Commission:
Testing Time--5 hours per test series, using either the
test and conditioning procedures in the regulations or alternate
methods that are now allowed under the 2007 amendments to the
regulations (this was applied to all firms for each guaranty, even
though many firms no longer test because the products are exempt by
virtue of weight or fiber content under 16 CFR 1610.1(d), or because
the firms' experience indicates that the fabrics already comply);
Guaranties Issued--On average, 20 new guaranties issued
per firm per year for new fabrics or garments;
Estimated Annual Testing Time per Firm--5 hours for
testing x 20 guaranties issued = 100 hours per firm;
Estimated Annual Recordkeeping per Firm--1 hour to create,
record, and enter test data into a computerized dataset; 20 minutes (=
0.3 hours) for annual review/removal of records; 20 minutes (= 0.3
hours) to respond to one CPSC records request per year; for a total of
1.6 recordkeeping hours per firm (1 hour + .3 hours + .3 hours = 1.6
hours per firm);
Total Estimated Annual Burden Hours per Firm--100 hours
Estimated Annual Testing Time per Firm + 1.6 Estimated Annual
Recordkeeping hours per Firm = 101.6 hours per firm;
Estimated Annual Industry Burden--101.6 hours per firm x
1,000 firms issuing guaranties = 101,600 industry burden hours.
The total annual industry burden imposed by the flammability
standards for clothing textiles and vinyl plastic film and enforcement
regulations on manufacturers and importers of garments, fabrics, and
related materials is estimated to be about 101,600 hours (101.6 hours
per firm x 1,000 firms).
The hourly wage for the testing and recordkeeping required by the
standards is about $61.06 (for management, professional, and related
occupations in goods-producing industries, Bureau of Labor Statistics,
December 2012), for an estimated annual cost to the industry of
approximately $6.2 million (101,600 x $61.06 = $6,203,696.00). The
hourly wage was updated from the $57.22 estimate used in the June 14,
2013 notice (for management, professional, and related occupations in
goods-producing industries, Bureau of Labor Statistics, June 2009).
The estimated annual cost of the information collection
requirements to the federal government is approximately $4,696, which
is based on a total 80 staff hours to examine and evaluate the
information as needed for Compliance activities (representing an
estimate of the actual time required to conduct such examination and
evaluation in staff's experience). Compliance staff typically reviews a
subset of the guaranties filed and may inspect firms that issue
guaranties. The estimated annual cost to the government is based on a
GS-12 level salaried employee. The average hourly wage rate for a mid-
level salaried GS-12 employee in the Washington, DC metropolitan area
(effective as of January 2011) is $40.80 (GS-12, step 5). This
represents 69.5 percent of total compensation (U.S. Bureau of Labor
Statistics, ``Employer Costs for Employee Compensation,'' December
2012, Table 1, percentage of wages and salaries for all civilian
management, professional, and related employees: https://www.bls.gov/ncs/). Adding an additional 30.5 percent for benefits brings average
hourly compensation for a mid-level salaried GS-12 employee to $58.70
($58.70 hourly compensation x 80 hours = $4,696.00).
Dated: March 24, 2014.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2014-06772 Filed 3-26-14; 8:45 am]
BILLING CODE 6355-01-P
