Agency Information Collection Activities; Proposed Collection; Comment Request; Third Party Testing of Children's Products, 5010-5013 [2016-01699]
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Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Notices
CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2010–0038]
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Third Party Testing
of Children’s Products
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
In accordance with the
requirements of the Paperwork
Reduction Act (‘‘PRA’’) of 1995 (44
U.S.C. chapter 35), the Consumer
Product Safety Commission
(‘‘Commission’’ or ‘‘CPSC’’) announces
that the Commission has submitted to
the Office of Management and Budget
(‘‘OMB’’) a request for extension of
approval of a collection of information
for Third Party Testing of Children’s
Products, approved previously under
OMB Control No. 3041–0159. In the
Federal Register of November 16, 2015
(80 FR 70762), the CPSC published a
notice to announce the agency’s
intention to seek extension of approval
of the collection of information. The
Commission received one comment,
which is addressed in this notice. By
publication of this notice, the
Commission announces that CPSC has
submitted to the OMB a request for
extension of approval of that collection
of information, without change.
DATES: Submit written or electronic
comments on the collection of
information by February 29, 2016.
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–2010–0038.
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:
Comment on the Proposed Extension:
CPSC received one comment from the
government of India that raised several
issues on the proposed extension of
approval of the collection of information
related to moving the marking and
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SUMMARY:
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labeling burden requirements for section
104 rules into the collection of
information for Third Party Testing of
Children’s Products. A summary of the
issues raised and our responses appear
below. For the reasons discussed below,
CPSC has not made any amendments to
the proposed renewal as a result of the
comment.
Issue 1: The commenter stated that
the ‘‘proposed rule’’ would require
‘‘manufacturers of children’s products
. . . to follow all the paperwork
requirements associated with the
section 104 rules.’’ The commenter
objected to the proposed paperwork
requirements, stating that the
requirements would ‘‘significantly
increase the burden on the
manufacturers and importers of
children’s products.’’ The commenter
described the types of increased burden
anticipated, and asked the CPSC
‘‘whether there was any injury or risk
attached or reported from the listed
products which lead to the proposed
regulation.’’
Response 1: The commenter appears
to misunderstand the intent of CPSC’s
Federal Register notice. CPSC did not
issue a proposed rule that would change
the paperwork requirements for
children’s products generally, or for
rules on durable infant and toddler
products issued pursuant to section 104
of the Consumer Product Safety
Improvement Act of 2008 (‘‘CPSIA’’)
(‘‘section 104 rules’’). Rather, CPSC’s
notice was intended to make
stakeholders aware that CPSC is seeking
approval from OMB of a renewal of an
existing collection of information,
which is a process required by the PRA.
For information collection renewals, the
PRA requires agencies to estimate the
burden to stakeholders and the burden
to the U.S. government to meet existing
paperwork requirements. Addressing
the renewal of an existing collection of
information, CPSC’s notice does not
require any manufacturer or importer to
increase, alter, amend, or decrease a
paperwork burden associated with any
rule issued by the CPSC, including
section 104 rules.
CPSC’s Federal Register notice
fulfilled CPSC’s obligation under the
PRA to notify the public about the
estimated burden calculation for the
information collection for Third Party
Testing of Children’s Products and to
seek approval of the renewal from OMB.
To increase CPSC’s administrative
efficiency, CPSC proposed to
consolidate the existing paperwork
burden estimate for 14 rules that were
created pursuant to section 104 into one
OMB control number for Third Party
Testing of Children’s Products. The
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marking and labeling requirements for
each of the 14 section 104 rules, set
forth in Table 1, were established in
separate prior rulemaking proceedings,
which were all subject to notice and
comment rulemaking. Moving the
estimated burden for meeting marking
and labeling requirements for these 14
section 104 rules does not change the
existing paperwork burden for
manufacturers and importers. If OMB
approves the renewal of the collection
of information for Third Party Testing of
Children’s Products, including existing
paperwork requirements for marking
and labeling of products subject to a
section 104 rule, CPSC will account for
the burden of testing and labeling of
children’s products under one OMB
control number, 3041–0159, instead of
using the 15 separate OMB control
numbers in use today. To avoid
confusion, and as shown in Table 1,
CPSC will discontinue use of the 14
OMB control numbers currently in use
for section 104 rules.
Issue 2: The commenter highlighted
Article 5.1.2 of the World Trade
Organization Agreement on Technical
Barriers to Trade regarding unnecessary
obstacles to international trade. Article
5.1.2 states:
conformity assessment procedures are not
prepared, adopted or applied with a view to
or with the effect of creating unnecessary
obstacles to international trade. This means,
inter alia, that conformity assessment
procedures shall not be more strict or be
applied more strictly than is necessary to
give the importing Member adequate
confidence that products conform with the
applicable technical regulations or standards,
taking account of the risks non-conformity
would create.
Response 2: After reviewing Article
5.1.2, CPSC does not believe that the
Article is applicable to the CPSC’s
proposed renewal of the collection of
information for Third Party Testing of
Children’s Products or the proposed
reallocation of the paperwork burden for
section 104 rules. CPSC’s notice does
not alter or amend any existing
technical regulation or paperwork
requirement for children’s products.
Rather, for administrative purposes,
CPSC is consolidating existing
collections of information.
Issue 3: The commenter stated that
the ‘‘quality, utility and clarity’’ of the
products could be derived from general
marking procedures provided for ‘‘in the
infant products,’’ and the commenter
asked about the necessity of adding
marking and labeling requirements for
section 104 rules, and also inquired
about how the proposed requirement
would be implemented.
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Response 3: CPSC will not implement
changes to marking and labeling
requirements faced by industry because
CPSC is not changing or adding any
marking or labeling requirements for
children’s products or for section 104
rules. The marking and labeling
requirements for each of the 14 section
104 rules were established in separate
prior rulemaking proceedings, which
were all subject to notice and comment
rulemaking.
Issue 4: The commenter stated that
implementation of the proposed
requirement ‘‘may lead to unnecessary
delay and escalate the cost’’ for export
of children’s products to the United
States. The commenter stated that
because the ‘‘proposed regulation’’
could create ‘‘a huge cost for Indian
exports of children’s products, India
may like to seek bilateral consultation
with USA to sort out the issue.’’
Response 4: Discontinuing use of 14
existing OMB control numbers for
section 104 rules and moving the
burden allocation into one OMB control
number for Third Party Testing of
Children’s Products will not create any
new requirements for manufacturers or
importers, and therefore, will not cause
delay or increased costs. Going forward,
CPSC’s use of a single OMB control
number should reduce burden and costs
for CPSC to meet PRA renewal
requirements, which must be updated
every 3 years.
Description of the Collection: CPSC
has submitted the following currently
approved collection of information to
OMB for extension:
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
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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 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
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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
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.
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Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Notices
TABLE 1—ESTIMATED BURDEN FOR MARKING AND LABELING IN SECTION 104 RULES
Discontinued OMB
Control No.
3041–0145
3041–0141
3041–0150
3041–0157
3041–0147
3041–0147
3041–0152
3041–0160
3041–0155
3041–0149
3041–0158
3041–0162
16 CFR Part
.....................
.....................
.....................
.....................
.....................
.....................
.....................
.....................
.....................
.....................
.....................
.....................
1215
1216
1217
1218
1219
1220
1221
1222
1223
1224
1225
1226
3041–0164 .....................
3041–0166 .....................
1227
1230
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Total burden hours
........................
Description
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Total
respondent
hours
Models
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
16
78
62
78
24
31
5
10
17
71
54
2
4
10
5
11
4
4
2
11
2
2
2
14
64
780
310
858
96
124
10
110
34
142
108
85
16
8
3
680
48
..............................................................................
........................
........................
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 × 5
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.
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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
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
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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
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.
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Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Notices
Dated: January 26, 2016.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2016–01699 Filed 1–28–16; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DOD–2012–HA–0160]
Proposed Collection; Comment
Request
Office of the Assistant
Secretary of Defense for Health Affairs
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, the
Office of the Assistant Secretary of
Defense for Health Affairs announces a
proposed public information collection
and seeks public comment on the
provisions thereof. Comments are
invited on: (a) Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
proposed information collection; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the information collection on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
DATES: Consideration will be given to all
comments received by March 29, 2016.
ADDRESSES: You may submit comments,
identified by docket number and title,
by any of the following methods:
• Federal eRulemaking 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, 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.
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SUMMARY:
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Any associated form(s) for this
collection may be located within this
same electronic docket and downloaded
for review/testing. Follow the
instructions at https://
www.regulations.gov for submitting
comments. Please submit comments on
any given form identified by docket
number, form number, and title.
FOR FURTHER INFORMATION CONTACT: To
request more information on this
proposed information collection or to
obtain a copy of the proposal and
associated collection instruments,
please write to the Defense Health
Agency Uniform Business Office,
Defense Health Headquarters, 7700
Arlington Blvd., Falls Church, Virginia
22042, ATTN: DeLisa E. Prater, Program
Manager, 703–681–3492. ext. 6757 (DSN
761).
SUPPLEMENTARY INFORMATION:
Title; Associated Form; and OMB
Number: Third Party Collection
Program/Medical Services Account/
Other Health Insurance; DD Form 2569;
OMB Control Number 0720–0055.
Needs and Uses: The information
collection requirement is necessary to
obtain health insurance policy
information used for coordination of
health care benefits and billing third
party payers and other federal agencies
for health care provided to their
beneficiaries and also to civilian nonUniformed Service beneficiaries for
health care provided to them. DoD
implemented the Third Party Collection
Program (TPCP) in FY87 based on the
authority granted in 10 U.S.C. 1095 and
implemented by 32 CFR 220 in
accordance with the Consolidated
Omnibus Budget Reconciliation Act of
1986 (COBRA) (Pub. L. 99–272, section
2001, April 7, 1986). Under the TPCP,
DoD is authorized to collect from thirdparty payers the cost of inpatient and
outpatient services rendered to DoD
beneficiaries who have other health
insurance. Military treatment facilities
(MTFs) are required to make this form
available to third-party payers upon
request. A third-party payer may not
request any other assignment of benefits
form from the subscriber. Also, for
civilian non-Uniformed Services
beneficiary and interagency patients, DD
Form 2569 is necessary and serves as an
assignment of benefits, approval to
submit claims to payers on behalf of the
patient and authorization to release
medical information.
Affected Public: Individuals or
households.
Annual Burden Hours: 260,000.
Number of Respondents: 3,900,000.
Responses per Respondent: 1.
Annual Responses: 3,900,000.
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5013
Average Burden per Response: 4
minutes.
Frequency: Annually, on occasion.
The administration has placed an
increased emphasis upon recovery of
health care expenses under the TPCP, as
authorized by 10 U.S.C. 1095 and
1097b, and also from civilians and other
federal agencies as authorized by 10
U.S.C. 1079b and 1085. Completion of
this form, while increasing total burden
hours, will aid in increasing revenue to
improve services, operating efficiency
and effectiveness within the Military
Health System. Funds collected return
directly to the operation and
maintenance budget of the MTF where
the care was delivered and are used to
improve the quality of healthcare. Often
the funds allow the continuation of
programs or purchasing of equipment at
the facilities for which there would
otherwise not be funding. This
information is collected either during
the admission and/or discharge process
for an inpatient stay or during the
registration process for an outpatient
visit or as soon as practical thereafter.
Dated: January 26, 2016.
Morgan E. Park,
Alternate OSD Federal Register, Liaison
Officer, Department of Defense.
[FR Doc. 2016–01702 Filed 1–28–16; 8:45 am]
BILLING CODE 5001–06–P
ENVIRONMENTAL PROTECTION
AGENCY
[ER–FRL–9025–3]
Environmental Impact Statements;
Notice of Availability
Responsible Agency: Office of Federal
Activities, General Information (202)
564–7146 or https://www2.epa.gov/nepa.
Weekly receipt of Environmental
Impact Statements (EISs), Filed 01/18/
2016 Through 01/22/2016, Pursuant to
40 CFR 1506.9.
Notice
Section 309(a) of the Clean Air Act
requires that EPA make public its
comments on EISs issued by other
Federal agencies. EPA’s comment letters
on EISs are available at: https://
cdxnodengn.epa.gov/cdx-nepa-public/
action/eis/search.
EIS No. 20160016, Final, FHWA, TX,
SH 249 Extension, Contact: Carlos
Swonke 512–416–2734, Under MAP–
21 Section 1319 FHWA has issued a
single FEIS and ROD. Therefore, the
30-day wait/review period under
NEPA does not apply to this action.
EIS No. 20160017, Draft, USFS, AK,
Shoreline II Oufitter/Guide (formerly
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]]>Agencies
[Federal Register Volume 81, Number 19 (Friday, January 29, 2016)]
[Notices]
[Pages 5010-5013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01699]
[[Page 5010]]
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CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2010-0038]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Third Party Testing of Children's Products
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Paperwork Reduction
Act (``PRA'') of 1995 (44 U.S.C. chapter 35), the Consumer Product
Safety Commission (``Commission'' or ``CPSC'') announces that the
Commission has submitted to the Office of Management and Budget
(``OMB'') a request for extension of approval of a collection of
information for Third Party Testing of Children's Products, approved
previously under OMB Control No. 3041-0159. In the Federal Register of
November 16, 2015 (80 FR 70762), the CPSC published a notice to
announce the agency's intention to seek extension of approval of the
collection of information. The Commission received one comment, which
is addressed in this notice. By publication of this notice, the
Commission announces that CPSC has submitted to the OMB a request for
extension of approval of that collection of information, without
change.
DATES: Submit written or electronic comments on the collection of
information by February 29, 2016.
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-
2010-0038.
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:
Comment on the Proposed Extension: CPSC received one comment from
the government of India that raised several issues on the proposed
extension of approval of the collection of information related to
moving the marking and labeling burden requirements for section 104
rules into the collection of information for Third Party Testing of
Children's Products. A summary of the issues raised and our responses
appear below. For the reasons discussed below, CPSC has not made any
amendments to the proposed renewal as a result of the comment.
Issue 1: The commenter stated that the ``proposed rule'' would
require ``manufacturers of children's products . . . to follow all the
paperwork requirements associated with the section 104 rules.'' The
commenter objected to the proposed paperwork requirements, stating that
the requirements would ``significantly increase the burden on the
manufacturers and importers of children's products.'' The commenter
described the types of increased burden anticipated, and asked the CPSC
``whether there was any injury or risk attached or reported from the
listed products which lead to the proposed regulation.''
Response 1: The commenter appears to misunderstand the intent of
CPSC's Federal Register notice. CPSC did not issue a proposed rule that
would change the paperwork requirements for children's products
generally, or for rules on durable infant and toddler products issued
pursuant to section 104 of the Consumer Product Safety Improvement Act
of 2008 (``CPSIA'') (``section 104 rules''). Rather, CPSC's notice was
intended to make stakeholders aware that CPSC is seeking approval from
OMB of a renewal of an existing collection of information, which is a
process required by the PRA. For information collection renewals, the
PRA requires agencies to estimate the burden to stakeholders and the
burden to the U.S. government to meet existing paperwork requirements.
Addressing the renewal of an existing collection of information, CPSC's
notice does not require any manufacturer or importer to increase,
alter, amend, or decrease a paperwork burden associated with any rule
issued by the CPSC, including section 104 rules.
CPSC's Federal Register notice fulfilled CPSC's obligation under
the PRA to notify the public about the estimated burden calculation for
the information collection for Third Party Testing of Children's
Products and to seek approval of the renewal from OMB. To increase
CPSC's administrative efficiency, CPSC proposed to consolidate the
existing paperwork burden estimate for 14 rules that were created
pursuant to section 104 into one OMB control number for Third Party
Testing of Children's Products. The marking and labeling requirements
for each of the 14 section 104 rules, set forth in Table 1, were
established in separate prior rulemaking proceedings, which were all
subject to notice and comment rulemaking. Moving the estimated burden
for meeting marking and labeling requirements for these 14 section 104
rules does not change the existing paperwork burden for manufacturers
and importers. If OMB approves the renewal of the collection of
information for Third Party Testing of Children's Products, including
existing paperwork requirements for marking and labeling of products
subject to a section 104 rule, CPSC will account for the burden of
testing and labeling of children's products under one OMB control
number, 3041-0159, instead of using the 15 separate OMB control numbers
in use today. To avoid confusion, and as shown in Table 1, CPSC will
discontinue use of the 14 OMB control numbers currently in use for
section 104 rules.
Issue 2: The commenter highlighted Article 5.1.2 of the World Trade
Organization Agreement on Technical Barriers to Trade regarding
unnecessary obstacles to international trade. Article 5.1.2 states:
conformity assessment procedures are not prepared, adopted or
applied with a view to or with the effect of creating unnecessary
obstacles to international trade. This means, inter alia, that
conformity assessment procedures shall not be more strict or be
applied more strictly than is necessary to give the importing Member
adequate confidence that products conform with the applicable
technical regulations or standards, taking account of the risks non-
conformity would create.
Response 2: After reviewing Article 5.1.2, CPSC does not believe
that the Article is applicable to the CPSC's proposed renewal of the
collection of information for Third Party Testing of Children's
Products or the proposed reallocation of the paperwork burden for
section 104 rules. CPSC's notice does not alter or amend any existing
technical regulation or paperwork requirement for children's products.
Rather, for administrative purposes, CPSC is consolidating existing
collections of information.
Issue 3: The commenter stated that the ``quality, utility and
clarity'' of the products could be derived from general marking
procedures provided for ``in the infant products,'' and the commenter
asked about the necessity of adding marking and labeling requirements
for section 104 rules, and also inquired about how the proposed
requirement would be implemented.
[[Page 5011]]
Response 3: CPSC will not implement changes to marking and labeling
requirements faced by industry because CPSC is not changing or adding
any marking or labeling requirements for children's products or for
section 104 rules. The marking and labeling requirements for each of
the 14 section 104 rules were established in separate prior rulemaking
proceedings, which were all subject to notice and comment rulemaking.
Issue 4: The commenter stated that implementation of the proposed
requirement ``may lead to unnecessary delay and escalate the cost'' for
export of children's products to the United States. The commenter
stated that because the ``proposed regulation'' could create ``a huge
cost for Indian exports of children's products, India may like to seek
bilateral consultation with USA to sort out the issue.''
Response 4: Discontinuing use of 14 existing OMB control numbers
for section 104 rules and moving the burden allocation into one OMB
control number for Third Party Testing of Children's Products will not
create any new requirements for manufacturers or importers, and
therefore, will not cause delay or increased costs. Going forward,
CPSC's use of a single OMB control number should reduce burden and
costs for CPSC to meet PRA renewal requirements, which must be updated
every 3 years.
Description of the Collection: CPSC has submitted the following
currently approved collection of information to OMB for extension:
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 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 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.
[[Page 5012]]
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 for Infant Bath Seats.. 7 2 14
3041-0141...................................... 1216 Safety Standard for Infant Walkers..... 16 4 64
3041-0150...................................... 1217 Safety Standard for Toddler Beds....... 78 10 780
3041-0157...................................... 1218 Safety Standard for Bassinets and 62 5 310
Cradles.
3041-0147...................................... 1219 Safety Standard for Full-Size Cribs.... 78 11 858
3041-0147...................................... 1220 Safety Standard for Non-Full-Size Cribs 24 4 96
3041-0152...................................... 1221 Safety Standard for Play Yards......... 31 4 124
3041-0160...................................... 1222 Safety Standard for Infant Bedside 5 2 10
Sleepers.
3041-0155...................................... 1223 Safety Standard for Swings............. 10 11 110
3041-0149...................................... 1224 Safety Standard for Portable Bedrails.. 17 2 34
3041-0158...................................... 1225 Safety Standard for Hand-Held Infant 71 2 142
Carriers.
3041-0162...................................... 1226 Safety Standard for Soft Infant and 54 2 108
Toddler Carriers.
3041-0164...................................... 1227 Safety Standard for Carriages and 85 8 680
Strollers.
3041-0166...................................... 1230 Safety Standard for Frame Child 16 3 48
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 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.
[[Page 5013]]
Dated: January 26, 2016.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2016-01699 Filed 1-28-16; 8:45 am]
BILLING CODE 6355-01-P
