Agency Information Collection Activities; Proposed Collection; Comment Request; Third Party Testing of Children's Products, 70762-70765 [2015-28845]
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70762
Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices
8415–01–623–5237—M–XXS
8415–01–623–5525—M–XS
8415–01–623–5526—M–S
8415–01–623–5528—M–R
8415–01–623–5529—M–L
8415–01–623–5534—M–XL
8415–01–623–5537—M–XXL
8415–01–623–5541—L–XXS
8415–01–623–5542—L–XS
8415–01–623–5543—L–S
8415–01–623–5552—L–R
8415–01–623–5553—L–L
8415–01–623–5554—L–XL
8415–01–623–5557—L–XXL
8415–01–623–5740—XL–XXS
8415–01–623–5742—XL–XS
8415–01–623–5789—XL–S
8415–01–623–5790—XL–R
8415–01–623–5793—XL–L
8415–01–623–5795—XL–XL.
8415–01–623–5796—XL–XXL
8415–01–623–5797—XXL–R
8415–01–623–5801—XXL–L
8415–01–623–5803—XXL–XL
8415–01–623–5805—XXL–XXL
Mandatory Source(s) of Supply: Industries of
the Blind, Inc., Greensboro, NC
Mississippi Industries for the Blind,
Jackson, MS
San Antonio Lighthouse for the Blind, San
Antonio, TX
Mandatory Purchase for: U.S. Army for up to
200,000 ACU Coats for a period of one
year
Contracting Activity: Defense Logistics
Agency Troop Support, Philadelphia, PA
Distribution: C-List
Barry S. Lineback,
Director, Business Operations.
[FR Doc. 2015–28922 Filed 11–13–15; 8:45 am]
BILLING CODE 6353–01–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
603–7740, Fax: (703) 603–0655, or email
CMTEFedReg@AbilityOne.gov.
SUPPLEMENTARY INFORMATION:
Addition
On 10/2/2015 (80 FR 59740–59741),
the Committee for Purchase From
People Who Are Blind or Severely
Disabled published notice of proposed
addition to the Procurement List.
After consideration of the material
presented to it concerning capability of
qualified nonprofit agency to provide
the service and impact of the additions
on the current or most recent
contractors, the Committee has
determined that the service listed below
is suitable for procurement by the
Federal Government under 41 U.S.C.
8501–8506 and 41 CFR 51–2.4.
Regulatory Flexibility Act Certification
I certify that the following action will
not have a significant impact on a
substantial number of small entities.
The major factors considered for this
certification were:
1. The action will not result in any
additional reporting, recordkeeping or
other compliance requirements for small
entities other than the small
organization that will furnish the
service to the Government.
2. The action will result in
authorizing small entities to furnish the
service to the Government.
3. There are no known regulatory
alternatives which would accomplish
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in
connection with the service proposed
for addition to the Procurement List.
Regulatory Flexibility Act Certification
I certify that the following action will
not have a significant impact on a
substantial number of small entities.
The major factors considered for this
certification were:
1. The action will not result in
additional reporting, recordkeeping or
other compliance requirements for small
entities.
2. The action may result in
authorizing small entities to furnish the
service to the Government.
3. There are no known regulatory
alternatives which would accomplish
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in
connection with the service deleted
from the Procurement List.
End of Certification
Accordingly, the following service is
deleted from the Procurement List:
Service
Service Type: Custodial Service
Service is Mandatory for: Isle Royale National
Park & Ranger III Vessel, 800 East
Lakeshore Drive, Houghton, MI
Mandatory Source of Supply: Goodwill
Industries of Northern Wisconsin &
Upper Michigan, Inc., Marinette, WI
Contracting Activity: National Park Service,
MWR Regional Contracting, Omaha, NE
Barry S. Lineback,
Director, Business Operations.
[FR Doc. 2015–28923 Filed 11–13–15; 8:45 am]
BILLING CODE 6353–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
End of Certification
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Addition to and deletion from
the Procurement List.
AGENCY:
This action adds a service to
the Procurement List that will be
provided by nonprofit agency
employing persons who are blind or
have other severe disabilities, and
deletes a service from the Procurement
List previously furnished by such
agency.
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
Effective Date: 12/16/2015.
Committee for Purchase
From People Who Are Blind or Severely
Disabled, 1401 S. Clark Street, Suite
715, Arlington, Virginia 22202–4149.
FOR FURTHER INFORMATION CONTACT:
Barry S. Lineback, Telephone: (703)
DATES:
ADDRESSES:
VerDate Sep<11>2014
19:47 Nov 13, 2015
Jkt 238001
[Docket No. CPSC–2010–0038]
Accordingly, the following service is
added to the Procurement List:
Procurement List; Addition and
Deletion
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Third Party Testing
of Children’s Products
Service
Service Type: Landscaping Service
Service is Mandatory for: GSA PBS Region 1,
John F. Kennedy Federal Building, 25
New Sudbury Street, Boston, MA
Mandatory Source of Supply: Work,
Incorporated, Dorchester, MA
Contracting Activity: GSA/Public Buildings
Service, Boston, MA
Deletion
On 10/2/2015 (80 FR 59740–59741),
the Committee for Purchase From
People Who Are Blind or Severely
Disabled published notice of proposed
deletion from the Procurement List.
After consideration of the relevant
matter presented, the Committee has
determined that the service listed below
is no longer suitable for procurement by
the Federal Government under 41 U.S.C.
8501–8506 and 41 CFR 51–2.4.
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Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the Consumer Product
Safety Commission (‘‘CPSC’’ or
‘‘Commission’’) requests comments on a
proposed extension of approval of a
collection of information for Third Party
Testing of Children’s Products,
approved previously under OMB
Control No. 3041–0159. The
Commission will consider all comments
received in response to this notice
before requesting an extension of this
collection of information from the Office
of Management and Budget (‘‘OMB’’).
SUMMARY:
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Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices
Submit written or electronic
comments on the collection of
information by January 15, 2016.
ADDRESSES: You may submit comments,
identified by Docket No. CPSC–2010–
0038, by any of the following methods:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at: https://
www.regulations.gov. Follow the
instructions for submitting comments.
The Commission does not accept
comments submitted by electronic mail
(email), except through
www.regulations.gov. The Commission
encourages you to submit electronic
comments by using the Federal
eRulemaking Portal, as described above.
Written Submissions: Submit written
submissions by mail/hand delivery/
courier to: Office of the Secretary,
Consumer Product Safety Commission,
Room 820, 4330 East West Highway,
Bethesda, MD 20814; telephone (301)
504–7923.
Instructions: All submissions received
must include the agency name and
docket number for this notice. All
comments received may be posted
without change, including any personal
identifiers, contact information, or other
personal information provided, to:
https://www.regulations.gov. Do not
submit confidential business
information, trade secret information, or
other sensitive or protected information
that you do not want to be available to
the public. If furnished at all, such
information should be submitted in
writing.
Docket: For access to the docket to
read background documents or
comments received, go to: https://
www.regulations.gov, and insert the
docket number CPSC–2010–0038, into
the ‘‘Search’’ box, and follow the
prompts.
DATES:
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.
CPSC
seeks to renew the following currently
approved collection of information:
Title: Third Party Testing of
Children’s Products.
OMB Number: 3041–0159.
Type of Review: Renewal of collection
for third party testing of children’s
products and inclusion of the
previously approved burden for marking
and labeling of durable infant and
toddler products into this collection of
information.
tkelley on DSK3SPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
19:47 Nov 13, 2015
Jkt 238001
General Description of Collection
Testing and Certification: On
November 8, 2011, the Commission
issued two rules for implementing third
party testing and certification of
children’s products, as required by
section 14 of the Consumer Product
Safety Act (‘‘CPSA’’):
• Testing and Labeling Pertaining to
Product Certification (76 FR 69482,
codified at 16 CFR part 1107; ‘‘the
testing rule’’); and
• Conditions and Requirements for
Relying on Component Part Testing or
Certification, or Another Party’s
Finished Product Testing or
Certification to Meet Testing and
Certification Requirements (76 FR
69547, codified at 16 CFR part 1109;
‘‘the component part rule’’).
The testing rule establishes
requirements for manufacturers to
conduct initial third party testing and
certification of children’s products,
testing when there has been a material
change in the product, continuing
testing (periodic testing), and guarding
against undue influence. A final rule on
Representative Samples for Periodic
Testing of Children’s Products (77 FR
72205, Dec. 5, 2012) amended the
testing rule to require that
representative samples be selected for
periodic testing of children’s products.
The component part rule is a
companion to the testing rule that is
intended to reduce third party testing
burdens by providing all parties
involved in the required testing and
certifying of children’s products the
flexibility to conduct or rely upon
testing where it is the easiest and least
expensive. Certification of a children’s
product can be based upon one or more
of the following: (a) Component part
testing; (b) component part certification;
(c) another party’s finished product
testing; or (d) another party’s finished
product certification.
Records required by the testing rule
and the rule on selecting representative
samples appear in 16 CFR 1107.26.
Required records include a certificate,
and records documenting third party
testing and related sampling plans.
These requirements largely overlap the
recordkeeping requirements in the
component part rule, codified at 16 CFR
1109.5(g). Duplicate recordkeeping is
not required; records need to be created
and maintained only once to meet the
applicable recordkeeping requirements.
The component part rule also requires
records that enable tracing a product or
component back to the entity that had
a product tested for compliance, and
also requires attestations of due care to
ensure test result integrity.
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70763
Section 104 Rules: The Commission
has issued 14 rules for durable infant
and toddler products under section 104
of the Consumer Product Safety
Improvement Act of 2008 (‘‘CPSIA’’)
(‘‘section 104 rules’’). Section 104 rules
issued to date appear in Table 1. Each
section 104 rule contains requirements
for marking, labeling, and instructional
literature:
• Each product and the shipping
container must have a permanent label
or marking that identifies the name and
address (city, state, and zip code) of the
manufacturer, distributor, or seller.
• A permanent code mark or other
product identification shall be provided
on the infant carrier and its package or
shipping container, if multiple
packaging is used. The code will
identify the date (month and year) of
manufacture and permit future
identification of any given model.
Each standard also requires products to
include easy-to-read and understand
instructions regarding assembly,
maintenance, cleaning, use, and
adjustments, where applicable.
OMB has assigned control numbers
for the estimated burden to comply with
marking and labeling requirements in
each section 104 rule. With this
renewal, CPSC is moving the marking
and labeling burden requirements for
section 104 rules into the collection of
information for Third Party Testing of
Children’s Products. The paperwork
burdens associated with the section 104
rules are appropriately included in the
collection for Third Party Testing of
Children’s Products because all of the
section 104 products are also required to
be third party tested. Having all of the
burden hours under one collection for
children’s products provides one OMB
control number and eases the
administrative burden of renewing
multiple collections. CPSC will
discontinue using the OMB control
numbers currently assigned to
individual section 104 rules. The
discontinued OMB control numbers are
listed in Table 1.
Frequency of Response: On occasion.
Affected Public: Manufacturers and
importers of children’s products subject
to a children’s product safety rule.
Estimated Number of Respondents
Testing and Certification: CPSC
reviewed every category in the NAICS
and selected categories that included
firms that could manufacture or sell any
consumer product that could be covered
by a consumer product safety rule.
Using data from the U.S. Census Bureau,
we determined that there were
approximately 34,000 manufacturers,
about 77,000 wholesalers, and about
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133,000 retailers in these categories.
However, these categories also include
many non-children’s products, which
are not covered by any children’s
product safety rules. Therefore, these
numbers would constitute an
overestimate of the number of firms that
are subject to the recordkeeping
requirements.
Section 104 Rules: Table 1
summarizes the durable infant and
toddler products subject to the marking
and labeling requirements being moved
into OMB control number 3041–0159.
TABLE 1—ESTIMATED BURDEN FOR MARKING AND LABELING IN SECTION 104 RULES
Discontinued OMB Control No.
16 CFR part
Description
3041–0145 ........................................
1215
3041–0141 ........................................
3041–0150 ........................................
3041–0157 ........................................
1216
1217
1218
3041–0147 ........................................
3041–0147 ........................................
1219
1220
3041–0152 ........................................
3041–0160 ........................................
1221
1222
3041–0155 ........................................
3041–0149 ........................................
1223
1224
3041–0158 ........................................
1225
3041–0162 ........................................
1226
3041–0164 ........................................
1227
3041–0166 ........................................
1230
Total Burden Hours ...................
........................
tkelley on DSK3SPTVN1PROD with NOTICES
Estimated Time per Response
Testing and Certification: Based on
comments received during rulemaking
for the testing rule, we estimate
recordkeeping for approximately
300,000 non-apparel children’s products
per year, with an average of 5 hours of
recordkeeping burden associated with
each product. We also estimate
recordkeeping for approximately 1.3
million children’s apparel and footwear
products per year, with an average of 3
hours of recordkeeping burden
associated with each product.
Manufacturers that are required to
conduct periodic testing have an
additional recordkeeping burden
estimated at 4 hours per representative
sampling plan.
Section 104 Rules: Each section 104
rule contains a similar analysis for
marking and labeling that estimates the
time to make any necessary changes to
marking and labeling requirements at
one hour per model.
Total Estimated Annual Burden
Testing and Certification: The total
estimated annual burden for
recordkeeping associated with the
testing rule is 5.4 million hours (300,000
non-apparel children’s products × 5
VerDate Sep<11>2014
19:47 Nov 13, 2015
Jkt 238001
Mfrs.
Safety Standard for Infant Bath
Seats.
Safety Standard for Infant Walkers ..
Safety Standard for Toddler Beds ...
Safety Standard for Bassinets and
Cradles.
Safety Standard for Full-Size Cribs
Safety Standard for Non-Full-Size
Cribs.
Safety Standard for Play Yards .......
Safety Standard for Infant Bedside
Sleepers.
Safety Standard for Swings .............
Safety
Standard
for
Portable
Bedrails.
Safety Standard for Hand-Held Infant Carriers.
Safety Standard for Soft Infant and
Toddler Carriers.
Safety Standard for Carriages and
Strollers.
Safety Standard for Frame Child
Carriers (not effective until 9/
2016).
...........................................................
7
2
14
16
78
62
4
10
5
64
780
310
78
24
11
4
858
96
31
5
4
2
124
10
10
17
11
2
110
34
71
2
142
54
2
108
85
8
680
16
3
48
........................
........................
3,378
hours per non-apparel children’s
product + 1,300,000 children’s apparel
products × 3 hours per children’s
apparel product = 1.5 million hours +
3.9 million hours, or a total of 5.4
million hours).
Representative Sampling Plans for
Periodic Testing: We estimate that if
each product line averages 50
individual models or styles, then a total
of 32,000 individual representative
sampling plans (1.6 million children’s
products ÷ 50 models or styles) would
need to be developed and documented.
This would require 128,000 hours
(32,000 plans × 4 hours per plan). If
each product line averages 10
individual models or styles, then a total
of 160,000 different representative
sampling plans (1.6 million children’s
products ÷ 10 models or styles) would
need to be documented. This would
require 640,000 hours (160,000 plans ×
4 hours per plan). Accordingly, the
requirement to document the basis for
selecting representative samples could
increase the estimated annual burden by
up to 640,000 hours.
Component Part Testing: The
component part rule shifts some testing
costs and some recordkeeping costs to
component part and finished product
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Total respondent hours
Models
suppliers because some testing will be
performed by these parties rather than
by the finished product certifiers
(manufacturers and importers). Even if a
finished product certifier can rely
entirely on component part and finished
product suppliers for all required
testing, however, the finished product
supplier will still have some
recordkeeping burden to create and
maintain a finished product certificate.
Therefore, although the component part
testing rule may reduce the total cost of
the testing required by the testing and
certification rule, the rule increases the
estimated annual recordkeeping burden
for those who choose to use component
part testing.
Because we do not know how many
companies participate in component
part testing and supply test reports or
certifications to other certifiers in the
supply chain, we have no concrete data
to estimate the recordkeeping and third
party disclosure requirements in the
component part rule. Likewise, no clear
method exists for estimating the number
of finished product certifiers who
conduct their own component part
testing. In the component part
rulemaking, we suggested that the
recordkeeping burden for the
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Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices
component part testing rule could
amount to 10 percent of the burden
estimated for the testing and labeling
rule. 76 FR 69546, 69579 (Nov. 8, 2011).
Currently, we have no basis to change
this estimate.
In addition to recordkeeping, the
component part rule requires third party
disclosure of test reports and
certificates, if any, to a certifier who
intends to rely on such documents to
issue its own certificate. Without data,
allocation of burden estimation between
the recordkeeping and third party
disclosure requirements is difficult.
However, based on our previous
analysis, we continue to estimate that
creating and maintaining records
accounts for approximately 90 percent
of the burden, while the third party
disclosure burden is much less, perhaps
approximately 10 percent. Therefore, if
we continue to use the estimate that
component part testing will amount to
about 10 percent of the burden
estimated for the testing rule, then the
hour burden of the component part rule
is estimated to be about 540,000 hours
total annually (10% of 5.4 million
hours); allocating 486,000 hours for
recordkeeping and 54,000 hours for
third party disclosure.
Section 104 Rules: The burden for
marking and labeling for each section
104 rule is provided in Table 1. The
estimated total number of respondent
hours is 3,378.
tkelley on DSK3SPTVN1PROD with NOTICES
The Commission solicits written
comments from all interested persons
about the proposed renewal of this
collection of information. The
Commission specifically solicits
information relevant to the following
topics:
—Whether the collection of information
described above is necessary for the
proper performance of the
Commission’s functions, including
whether the information would have
practical utility;
—Whether the estimated burden of the
proposed collection of information is
accurate;
—Whether the quality, utility, and
clarity of the information to be
collected could be enhanced; and
—Whether the burden imposed by the
collection of information could be
minimized by use of automated,
electronic or other technological
collection techniques, or other forms
of information technology.
19:47 Nov 13, 2015
[FR Doc. 2015–28845 Filed 11–13–15; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DoD–2015–OS–0127]
Privacy Act of 1974; System of
Records
Office of the Secretary of
Defense, DoD.
ACTION: Notice to alter a System of
Records.
AGENCY:
The Office of the Secretary of
Defense proposes to alter a new system
of records, DHRA 10 DoD, entitled
‘‘Defense Sexual Assault Advocate
Certification Program’’ to track the
certification of SARC and SAPR VAs.
Information will be used to review,
process, and report on the status of
SARC and SAPR VA certification to
Congress.
SUMMARY:
Comments will be accepted on or
before December 16, 2015. This
proposed action will be effective the day
following the end of the comment
period unless comments are received
which result in a contrary
determination.
DATES:
You may submit comments,
identified by docket number and title,
by any of the following methods:
* Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
* Mail: Department of Defense, Office
of the Deputy Chief Management
Officer, Directorate of Oversight and
Compliance, Regulatory and Audit
Matters Office, 9010 Defense Pentagon,
Washington, DC 20301–9010.
Instructions: All submissions received
must include the agency name and
docket number 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.
ADDRESSES:
Request for Comments
VerDate Sep<11>2014
Dated: November 9, 2015.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
Jkt 238001
Ms.
Cindy Allard, Chief, OSD/JS Privacy
Office, Freedom of Information
Directorate, Washington Headquarters
Service, 1155 Defense Pentagon,
FOR FURTHER INFORMATION CONTACT:
PO 00000
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Sfmt 4703
Washington, DC 20301–1155, or by
phone at (571) 372–0461.
SUPPLEMENTARY INFORMATION: The Office
of the Secretary of Defense notices for
systems of records subject to the Privacy
Act of 1974 (5 U.S.C. 552a), as amended,
have been published in the Federal
Register and are available from the
address in FOR FURTHER INFORMATION
CONTACT or at https://dpcld.defense.
gov/. The proposed system report, as
required by 5 U.S.C. 552a(r) of the
Privacy Act of 1974, as amended, was
submitted on November 4, 2015, to the
House Committee on Oversight and
Government Reform, the Senate
Committee on Governmental Affairs,
and the Office of Management and
Budget (OMB) pursuant to paragraph 4c
of Appendix I to OMB Circular No. A–
130, ‘‘Federal Agency Responsibilities
for Maintaining Records About
Individuals,’’ dated February 8, 1996
(February 20, 1996, 61 FR 6427).
Dated: November 10, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
DHRA 10 DoD
SYSTEM NAME:
Defense Sexual Assault Advocate
Certification Program (July 11, 2012, 77
FR 40861).
CHANGES:
*
*
*
*
*
SYSTEM LOCATION:
Delete entry and replace with
‘‘National Organization for Victim
Assistance, 510 King Street, Suite 424,
Alexandria, VA 22314–3132.
Back-up: Suntrust Bank, 515 King
Street, Alexandria, VA 22314–3157.’’
*
*
*
*
*
CATEGORIES OF RECORDS IN THE SYSTEM:
Delete entry and replace with
‘‘Applicant’s first name, middle initial,
and last name; position type (Sexual
Assault Response Coordinator (SARC)
or Sexual Assault Prevention
Representative Victim Advocate (SAPR
VA)); Service/DoD affiliation and status;
grade/rank; installation/command; work
email address and telephone number;
official military address of applicant
and applicant’s SARC (commanding
officer, street, city, state, ZIP code,
country); position level (Level I, II, III,
or IV); certificates of training; date of
application; verification of sexual
assault victim advocacy experience
(position, dates, hours, supervisor;
name, title, and work telephone number
of verifier); evaluation of sexual assault
victim experience (description of
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]]>Agencies
[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Notices]
[Pages 70762-70765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28845]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2010-0038]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Third Party Testing of Children's Products
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the Consumer Product Safety Commission (``CPSC'' or
``Commission'') requests comments on a proposed extension of approval
of a collection of information for Third Party Testing of Children's
Products, approved previously under OMB Control No. 3041-0159. The
Commission will consider all comments received in response to this
notice before requesting an extension of this collection of information
from the Office of Management and Budget (``OMB'').
[[Page 70763]]
DATES: Submit written or electronic comments on the collection of
information by January 15, 2016.
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2010-
0038, by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: https://www.regulations.gov. Follow the
instructions for submitting comments. The Commission does not accept
comments submitted by electronic mail (email), except through
www.regulations.gov. The Commission encourages you to submit electronic
comments by using the Federal eRulemaking Portal, as described above.
Written Submissions: Submit written submissions by mail/hand
delivery/courier to: Office of the Secretary, Consumer Product Safety
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814;
telephone (301) 504-7923.
Instructions: All submissions received must include the agency name
and docket number for this notice. All comments received may be posted
without change, including any personal identifiers, contact
information, or other personal information provided, to: https://www.regulations.gov. Do not submit confidential business information,
trade secret information, or other sensitive or protected information
that you do not want to be available to the public. If furnished at
all, such information should be submitted in writing.
Docket: For access to the docket to read background documents or
comments received, go to: https://www.regulations.gov, and insert the
docket number CPSC-2010-0038, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Robert H. Squibb, Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, MD 20814; (301)
504-7815, or by email to: rsquibb@cpsc.gov.
SUPPLEMENTARY INFORMATION: CPSC seeks to renew the following currently
approved collection of information:
Title: Third Party Testing of Children's Products.
OMB Number: 3041-0159.
Type of Review: Renewal of collection for third party testing of
children's products and inclusion of the previously approved burden for
marking and labeling of durable infant and toddler products into this
collection of information.
General Description of Collection
Testing and Certification: On November 8, 2011, the Commission
issued two rules for implementing third party testing and certification
of children's products, as required by section 14 of the Consumer
Product Safety Act (``CPSA''):
Testing and Labeling Pertaining to Product Certification
(76 FR 69482, codified at 16 CFR part 1107; ``the testing rule''); and
Conditions and Requirements for Relying on Component Part
Testing or Certification, or Another Party's Finished Product Testing
or Certification to Meet Testing and Certification Requirements (76 FR
69547, codified at 16 CFR part 1109; ``the component part rule'').
The testing rule establishes requirements for manufacturers to
conduct initial third party testing and certification of children's
products, testing when there has been a material change in the product,
continuing testing (periodic testing), and guarding against undue
influence. A final rule on Representative Samples for Periodic Testing
of Children's Products (77 FR 72205, Dec. 5, 2012) amended the testing
rule to require that representative samples be selected for periodic
testing of children's products.
The component part rule is a companion to the testing rule that is
intended to reduce third party testing burdens by providing all parties
involved in the required testing and certifying of children's products
the flexibility to conduct or rely upon testing where it is the easiest
and least expensive. Certification of a children's product can be based
upon one or more of the following: (a) Component part testing; (b)
component part certification; (c) another party's finished product
testing; or (d) another party's finished product certification.
Records required by the testing rule and the rule on selecting
representative samples appear in 16 CFR 1107.26. Required records
include a certificate, and records documenting third party testing and
related sampling plans. These requirements largely overlap the
recordkeeping requirements in the component part rule, codified at 16
CFR 1109.5(g). Duplicate recordkeeping is not required; records need to
be created and maintained only once to meet the applicable
recordkeeping requirements. The component part rule also requires
records that enable tracing a product or component back to the entity
that had a product tested for compliance, and also requires
attestations of due care to ensure test result integrity.
Section 104 Rules: The Commission has issued 14 rules for durable
infant and toddler products under section 104 of the Consumer Product
Safety Improvement Act of 2008 (``CPSIA'') (``section 104 rules'').
Section 104 rules issued to date appear in Table 1. Each section 104
rule contains requirements for marking, labeling, and instructional
literature:
Each product and the shipping container must have a
permanent label or marking that identifies the name and address (city,
state, and zip code) of the manufacturer, distributor, or seller.
A permanent code mark or other product identification
shall be provided on the infant carrier and its package or shipping
container, if multiple packaging is used. The code will identify the
date (month and year) of manufacture and permit future identification
of any given model.
Each standard also requires products to include easy-to-read and
understand instructions regarding assembly, maintenance, cleaning, use,
and adjustments, where applicable.
OMB has assigned control numbers for the estimated burden to comply
with marking and labeling requirements in each section 104 rule. With
this renewal, CPSC is moving the marking and labeling burden
requirements for section 104 rules into the collection of information
for Third Party Testing of Children's Products. The paperwork burdens
associated with the section 104 rules are appropriately included in the
collection for Third Party Testing of Children's Products because all
of the section 104 products are also required to be third party tested.
Having all of the burden hours under one collection for children's
products provides one OMB control number and eases the administrative
burden of renewing multiple collections. CPSC will discontinue using
the OMB control numbers currently assigned to individual section 104
rules. The discontinued OMB control numbers are listed in Table 1.
Frequency of Response: On occasion.
Affected Public: Manufacturers and importers of children's products
subject to a children's product safety rule.
Estimated Number of Respondents
Testing and Certification: CPSC reviewed every category in the
NAICS and selected categories that included firms that could
manufacture or sell any consumer product that could be covered by a
consumer product safety rule. Using data from the U.S. Census Bureau,
we determined that there were approximately 34,000 manufacturers, about
77,000 wholesalers, and about
[[Page 70764]]
133,000 retailers in these categories. However, these categories also
include many non-children's products, which are not covered by any
children's product safety rules. Therefore, these numbers would
constitute an overestimate of the number of firms that are subject to
the recordkeeping requirements.
Section 104 Rules: Table 1 summarizes the durable infant and
toddler products subject to the marking and labeling requirements being
moved into OMB control number 3041-0159.
Table 1--Estimated Burden for Marking and Labeling in Section 104 Rules
----------------------------------------------------------------------------------------------------------------
Total
Discontinued OMB Control No. 16 CFR part Description Mfrs. Models respondent
hours
----------------------------------------------------------------------------------------------------------------
3041-0145..................... 1215 Safety Standard 7 2 14
for Infant Bath
Seats.
3041-0141..................... 1216 Safety Standard 16 4 64
for Infant
Walkers.
3041-0150..................... 1217 Safety Standard 78 10 780
for Toddler
Beds.
3041-0157..................... 1218 Safety Standard 62 5 310
for Bassinets
and Cradles.
3041-0147..................... 1219 Safety Standard 78 11 858
for Full-Size
Cribs.
3041-0147..................... 1220 Safety Standard 24 4 96
for Non-Full-
Size Cribs.
3041-0152..................... 1221 Safety Standard 31 4 124
for Play Yards.
3041-0160..................... 1222 Safety Standard 5 2 10
for Infant
Bedside
Sleepers.
3041-0155..................... 1223 Safety Standard 10 11 110
for Swings.
3041-0149..................... 1224 Safety Standard 17 2 34
for Portable
Bedrails.
3041-0158..................... 1225 Safety Standard 71 2 142
for Hand-Held
Infant Carriers.
3041-0162..................... 1226 Safety Standard 54 2 108
for Soft Infant
and Toddler
Carriers.
3041-0164..................... 1227 Safety Standard 85 8 680
for Carriages
and Strollers.
3041-0166..................... 1230 Safety Standard 16 3 48
for Frame Child
Carriers (not
effective until
9/2016).
-------------------------------
Total Burden Hours........ .............. ................ .............. .............. 3,378
----------------------------------------------------------------------------------------------------------------
Estimated Time per Response
Testing and Certification: Based on comments received during
rulemaking for the testing rule, we estimate recordkeeping for
approximately 300,000 non-apparel children's products per year, with an
average of 5 hours of recordkeeping burden associated with each
product. We also estimate recordkeeping for approximately 1.3 million
children's apparel and footwear products per year, with an average of 3
hours of recordkeeping burden associated with each product.
Manufacturers that are required to conduct periodic testing have an
additional recordkeeping burden estimated at 4 hours per representative
sampling plan.
Section 104 Rules: Each section 104 rule contains a similar
analysis for marking and labeling that estimates the time to make any
necessary changes to marking and labeling requirements at one hour per
model.
Total Estimated Annual Burden
Testing and Certification: The total estimated annual burden for
recordkeeping associated with the testing rule is 5.4 million hours
(300,000 non-apparel children's products x 5 hours per non-apparel
children's product + 1,300,000 children's apparel products x 3 hours
per children's apparel product = 1.5 million hours + 3.9 million hours,
or a total of 5.4 million hours).
Representative Sampling Plans for Periodic Testing: We estimate
that if each product line averages 50 individual models or styles, then
a total of 32,000 individual representative sampling plans (1.6 million
children's products / 50 models or styles) would need to be developed
and documented. This would require 128,000 hours (32,000 plans x 4
hours per plan). If each product line averages 10 individual models or
styles, then a total of 160,000 different representative sampling plans
(1.6 million children's products / 10 models or styles) would need to
be documented. This would require 640,000 hours (160,000 plans x 4
hours per plan). Accordingly, the requirement to document the basis for
selecting representative samples could increase the estimated annual
burden by up to 640,000 hours.
Component Part Testing: The component part rule shifts some testing
costs and some recordkeeping costs to component part and finished
product suppliers because some testing will be performed by these
parties rather than by the finished product certifiers (manufacturers
and importers). Even if a finished product certifier can rely entirely
on component part and finished product suppliers for all required
testing, however, the finished product supplier will still have some
recordkeeping burden to create and maintain a finished product
certificate. Therefore, although the component part testing rule may
reduce the total cost of the testing required by the testing and
certification rule, the rule increases the estimated annual
recordkeeping burden for those who choose to use component part
testing.
Because we do not know how many companies participate in component
part testing and supply test reports or certifications to other
certifiers in the supply chain, we have no concrete data to estimate
the recordkeeping and third party disclosure requirements in the
component part rule. Likewise, no clear method exists for estimating
the number of finished product certifiers who conduct their own
component part testing. In the component part rulemaking, we suggested
that the recordkeeping burden for the
[[Page 70765]]
component part testing rule could amount to 10 percent of the burden
estimated for the testing and labeling rule. 76 FR 69546, 69579 (Nov.
8, 2011). Currently, we have no basis to change this estimate.
In addition to recordkeeping, the component part rule requires
third party disclosure of test reports and certificates, if any, to a
certifier who intends to rely on such documents to issue its own
certificate. Without data, allocation of burden estimation between the
recordkeeping and third party disclosure requirements is difficult.
However, based on our previous analysis, we continue to estimate that
creating and maintaining records accounts for approximately 90 percent
of the burden, while the third party disclosure burden is much less,
perhaps approximately 10 percent. Therefore, if we continue to use the
estimate that component part testing will amount to about 10 percent of
the burden estimated for the testing rule, then the hour burden of the
component part rule is estimated to be about 540,000 hours total
annually (10% of 5.4 million hours); allocating 486,000 hours for
recordkeeping and 54,000 hours for third party disclosure.
Section 104 Rules: The burden for marking and labeling for each
section 104 rule is provided in Table 1. The estimated total number of
respondent hours is 3,378.
Request for Comments
The Commission solicits written comments from all interested
persons about the proposed renewal of this collection of information.
The Commission specifically solicits information relevant to the
following topics:
--Whether the collection of information described above is necessary
for the proper performance of the Commission's functions, including
whether the information would have practical utility;
--Whether the estimated burden of the proposed collection of
information is accurate;
--Whether the quality, utility, and clarity of the information to be
collected could be enhanced; and
--Whether the burden imposed by the collection of information could be
minimized by use of automated, electronic or other technological
collection techniques, or other forms of information technology.
Dated: November 9, 2015.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2015-28845 Filed 11-13-15; 8:45 am]
BILLING CODE 6355-01-P
