Agency Information Collection Activities; Proposed Collection; Comment Request; Third Party Testing of Children's Products, 9104-9108 [2019-04657]
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9104
Federal Register / Vol. 84, No. 49 / Wednesday, March 13, 2019 / Notices
projections to inform management in
recommending allowable biological
catch and annual catch limits.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Meeting Agenda
RIN 0648–XG844
Pacific Island Fisheries; Western
Pacific Stock Assessment Review;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
NMFS and the Western
Pacific Fishery Management Council
(Council) will convene a Western
Pacific Stock Assessment Review
(WPSAR) of three 2019 benchmark stock
assessments for bottomfish in American
Samoa, the Commonwealth of the
Northern Mariana Islands (CNMI), and
Guam.
DATES: See SUPPLEMENTARY INFORMATION
for meeting dates and times and the
daily agenda.
ADDRESSES: The meeting will be held at
the Western Pacific Fishery
Management Council office, 1164
Bishop St., Suite 1400, Honolulu, HI
96813.
FOR FURTHER INFORMATION CONTACT:
Michael Seki, Director, NMFS Pacific
Islands Fisheries Science Center, tel
(808) 725–5360, fax (808) 725–5360,
email michael.seki@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Pacific Islands Fisheries Science Center
(PIFSC) conducted three benchmark
stock assessments for the Bottomfish
Management Unit Species (BMUS) in
the U.S. territories of American Samoa,
the CNMI, and Guam, and combined
them into a single stock assessment
review. For each assessment, scientists
modelled all BMUS species a single
complex. PIFSC conducted the previous
stock assessments for territorial
bottomfish as an update in 2015. The
2019 benchmark assessments
incorporate improvements to data
standardization and model assumptions
that follow recommendations from the
review panel for the 2015 assessments
for the same stocks. The 2019
assessments also account for variations
in creel survey estimates of BMUS
catch. PIFSC used production models to
estimate biomass and stock status
through time, and to evaluate stock
status against maximum sustainable
yield-based reference points set in the
fishery ecosystem plans for American
Samoa and the Mariana Archipelago,
which includes the CNMI and Guam.
The 2019 assessments provide
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SUMMARY:
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The WPSAR panel will meet from
8:30 a.m. to 5 p.m. each day. The agenda
order may change and the meeting will
run as late as necessary to complete
scheduled business.
Day 1, Monday April 15
1. Welcome and Introductions.
2. Background information—Objectives and
Terms of Reference.
a. Fishery Operation.
b. Fishery Management.
3. History of stock assessments and reviews.
4. Data.
a. Western Pacific Fisheries Information
Network
b. Life history information.
c. Other.
5. Presentation and review of stock
assessment.
Day 2, Tuesday April 16
6. Continue presentation and review of stock
assessment.
Day 3, Wednesday April 17
7. Continue review of stock assessment.
Day 4, Thursday April 18
8. Continue review of stock assessment.
9. Public comment period.
10. Panel discussions (closed).
Day 5, Friday April 19
11. Continue panel discussions (closed,
morning).
12. Panel presents recommendations
(afternoon).
13. Adjourn.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Please direct
requests for sign language interpretation
or other auxiliary aids to Michael Seki
(see FOR FURTHER INFORMATION CONTACT
section above) at least 5 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 8, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2019–04643 Filed 3–12–19; 8:45 am]
BILLING CODE 3510–22–P
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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
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
As required by the Paperwork
Reduction Act, the Consumer Product
Safety Commission (CPSC) 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 CPSC
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).
DATES: Submit written or electronic
comments on the collection of
information by May 13, 2019.
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 CPSC does not accept comments
submitted by electronic mail (email),
except through www.regulations.gov.
The CPSC 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: Division of the Secretariat,
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
SUMMARY:
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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:
Bretford Griffin, Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814; (301)
504–7037, or by email to: bgriffin@
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 following
into this collection of information: (1)
The previously approved burden for
marking and labeling of certain durable
infant and toddler products; (2) the
labeling requirements set forth in the
rule establishing requirements for
electrically operated toys or other
electrically operated articles intended
for children (16 CFR 1505) (electrically
operated toys and other articles rule)
and the recordkeeping requirements set
forth in the rule that are not also
covered by the Commission’s third party
testing rule at 16 CFR part 1107; and (3)
recordkeeping and labelling
requirements set forth in the ban on
articles known as ‘‘baby bouncers’’ or
‘‘walker-jumpers,’’ or similar articles
that are not covered by 16 CFR 1216 and
that are not also covered by the testing
rule or the rules issued under
section104 of the Consumer Product
Safety Improvement Act (baby bouncer/
walker-jumper rule, 16 CFR
1500.18(a)(6) and 1500.86(a)(4)).
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
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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.
Section 1107.26 of the testing rule
states the records required for testing
and selecting representative samples. 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 22 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 product and its package or
shipping container, if multiple
packaging is used. The code will
identify the date (month and year) of
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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
eight (8) additional section 104 rules
issued since the last renewal in 2016
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.
Electrically-Operated Toys and Other
Articles: The requirements for
electrically operated toys and other
electrically operated articles intended
for use by children are set forth in 16
CFR part 1505. The regulation
establishes certain criteria to use in
determining whether or not electrically
operated toys and other electrically
operated children’s products are
banned, and requires that certain
warning and identification labeling be
included on both the product and the
packaging. The regulation also requires
that manufacturers establish a quality
assurance program to assure compliance
and to keep records pertaining to the
quality assurance program.
Additionally, manufacturers or
importers must keep records of the sale
and distribution of the products.
CPSC currently has an OMB control
number (3041–0035) for the estimated
burden in complying with the
requirements for electrically operated
toys and other articles. Because most of
the recordkeeping requirements in this
information collection are essentially
the same as those of the testing rule,
with this renewal, we are moving the
marking and labeling burden
requirement into the collection of
information for Third Party Testing of
Children’s Products to avoid double
counting the burden. If this renewal
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request is approved, CPSC will request
termination of the existing OMB control
number for this information collection.
Baby-Bouncer/Walker-Jumper Rule:
The requirements for baby bouncers,
baby walkers, and similar articles that
are not covered by 16 CFR 1216 (Safety
Standard for Infant Walkers) is set forth
under 16 CFR 1500.18(a)(6) and
1500.86(a)(4). The regulation establishes
certain criteria to use in determining
whether certain baby-bouncers, walkerjumpers, or similar products are banned.
The regulation requires that each
product be labelled with information
that will permit future identification by
the manufacturer of the particular
model of bouncer or walker-jumper. In
addition, records of sale, distribution,
and results of tests and inspections must
be kept for three years and made
available to CPSC upon request.
Products covered under this regulation
are not duplicative of an existing section
104 rule.
CPSC currently has an OMB control
number (3041–0035) for the estimated
burden in complying with the
requirements in this regulation. Because
most of the recordkeeping requirements
in this information collection are
essentially the same as those of the
testing rule, with this renewal, we are
moving the recordkeeping requirements
into the collection of information for
Third Party Testing of Children’s
Products to avoid double counting the
burden. If this renewal request is
approved, CPSC will request
termination of the existing OMB control
number for this information collection.
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:
Recordkeeping requirements in parts
1107 and 1109 apply to all
manufacturers or importers of children’s
products that are covered by one or
more children’s product safety rules
promulgated and/or enforced by the
CPSC. To estimate the number of
respondents, we reviewed every
industry category in the NAICS and
selected those industry categories that
included firms that could manufacture
or sell such children’s products. Using
data from the U.S. Census Bureau, we
determined that there are more than
37,000 manufacturers, almost 80,000
wholesalers, and about 128,000 retailers
in these categories. However, not all of
the firms in these categories
manufacture or import children’s
products that are covered by children’s
product safety rules. Therefore, these
numbers would constitute a high
estimate of the number of firms that are
subject to the recordkeeping
requirements. Accordingly, when
calculating the recordkeeping burden,
CPSC relies on estimates of the number
of children’s products that are
manufactured or imported. We estimate
that approximately 300,000 non-apparel
children’s products and approximately
1.2 million children’s apparel and
footwear products are covered by the
rules.
Section 104 Rules: Table 1
summarizes the section 104 rules for
durable infant and toddler products
subject to the marking and labeling
requirement that have been or are now
being moved into OMB control number
3041–0159. Table 1 contains the
estimated number of manufacturers and
models and the total respondent hours.
The 8 new section 104 rules being
moved into this information collection
are shown in bold text.
TABLE 1—ESTIMATED BURDEN FOR MARKING AND LABELING IN SECTION 104 RULES
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Discontinued OMB
control Nbr
16 CFR part
Description
Mfrs
3041–0145
3041–0141
3041–0150
3041–0157
3041–0147
3041–0147
3041–0152
3041–0160
3041–0155
3041–0149
3041–0158
3041–0162
...................
...................
...................
...................
...................
...................
...................
...................
...................
...................
...................
...................
1215
1216
1217
1218
1219
1220
1221
1222
1223
1224
1225
1226
3041–0164
3041–0167
3041–0174
3041–0166
3041–0173
3041–0172
...................
...................
...................
...................
...................
...................
1227
1228
1229
1230
1231
1232
3041–0170
3041–0171
3041–0175
3041–0178
...................
...................
...................
...................
1233
1234
1235
1237
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 Sling Carriers ........................
Safety Standard for Infant Bouncer Seats ............
Safety Standard for Frame Child Carriers ............
Safety Standard for High Chairs ...........................
Safety Standard for Children’s Folding Chairs
and Stools.
Safety Standard for Hook-On-Chairs ....................
Safety Standard for Infant Bath Tubs ...................
Safety Standard for Baby Changing Products ......
Safety Standard for Booster Seats .......................
Total Burden Hours
........................
................................................................................
Total
respondent
hours
Models
12
19
111
72
80
39
34
13
6
18
78
44
2
4
10
4
13
2
4
2
8
2
2
3
24
76
1,110
288
1,040
78
136
26
48
36
156
132
100
1,000
26
14
83
17
7
2
4
3
3
2
7
27
141
52
1
2
6
2
7
54
846
104
........................
........................
13,790
700
* 8,500
104
42
249
34
* Includes 6,500 hours for instructional literature.
Electrically-Operated Toys and Other
Articles Rule: CPSC staff estimates that
about 40 manufacturers and importers
are subject to this regulation.
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Baby-Bouncer/Walker-Jumper Rule:
CPSC staff estimates that about 6 firms
are subject to the testing and
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recordkeeping requirements of this
regulation.
Estimated Time per Response:
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Testing and Certification: Based on
the comments we received on the
proposed testing rule, we revised the
estimated number of children’s products
that are affected, as well as the hourly
recordkeeping burden estimate. We
estimate that approximately 300,000
non-apparel children’s products are
covered by the rule and that an average
of 5 hours will be needed for the
recordkeeping associated with these
products per year. We also estimate that
there are approximately 1.2 million
children’s apparel and footwear
products, for which an average of 3
hours of recordkeeping will be required
per year. 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.
Electrically-Operated Toys and Other
Articles: Products subject to this
regulation are also subject to the
requirements of the testing rule.
Therefore, the burden of any duplicative
recordkeeping requirements will not be
reported here, as they were in the
cancelled information collection, to
avoid double-counting the burden.
CPSC staff estimates that the additional
burden imposed by this regulation over
that imposed by the testing rule, is 30
minutes per product to maintain sales
and distribution records for three years,
and one hour to make labeling changes
per model.
Baby-Bouncer/Walker-Jumpers CPSC
staff estimates that firms will spend one
hour per model on recordkeeping
requirements, and one hour per model
on labeling requirements.
Total Estimated Annual Burden:
Testing and Certification: The total
estimated annual burden for
recordkeeping associated with the
testing rule is 5.1 million hours (300,000
non-apparel children’s products × 5
hours per non-apparel children’s
product + 1,200,000 children’s apparel
products × 3 hours per children’s
apparel product = 1.5 million hours +
3.6 million hours, or a total of 5.1
million hours). Potential additional
annual burden associated with use of a
representative sampling plan and
component part testing are next
described.
Representative Sampling Plans for
Periodic Testing: We estimate that if
each product line averages 50
individual models or styles, then a total
of 30,000 individual representative
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sampling plans (1.5 million children’s
products ÷ 50 models or styles) would
need to be developed and documented.
This would require 120,000 hours
(30,000 plans × 4 hours per plan). If
each product line averages 10
individual models or styles, then a total
of 150,000 different representative
sampling plans (1.5 million children’s
products ÷ 10 models or styles) would
need to be documented. This would
require 600,000 hours (150,000 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 600,000 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
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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 510,000 hours
total annually (10% of 5.1 million
hours); allocating 459,000 hours for
recordkeeping and 51,000 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 13,790.
Electrically-Operated Toys and Other
Articles Rule: Assuming each of the 40
firms produces 10 new models per year,
the estimated annual burden is 200
hours for recordkeeping (40 firms × .5
hour × 10 models) and 400 hours for
labeling changes (40 firms × 1 hour × 10
models), for a total estimated annual
burden of 600 hours.
Baby-Bouncer/Walker-Jumper Rule:
Firms are expected to test, on average,
four new models per year. Accordingly,
the estimated annual burden is 12 hours
on recordkeeping (6 firms × 1 hour × 2
models), and 12 hours on labeling (6
firms × 1 hour × 2 models), for a total
estimated annual burden of 24 hours per
year.
Request for Comments
The CPSC solicits written comments
from all interested persons about the
proposed renewal of this collection of
information. The CPSC specifically
solicits information relevant to the
following topics:
—Whether the collection of information
described above is necessary for the
proper performance of the CPSC’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
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collection techniques, or other forms
of information technology.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2019–04657 Filed 3–12–19; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
[Docket Number DARS–2019–0005; OMB
Control Number 0704–0216]
Information Collection Requirement;
Defense Federal Acquisition
Regulation Supplement (DFARS);
Bonds and Insurance
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Notice and request for
comments regarding a proposed
extension of an approved information
collection requirement.
AGENCY:
SUPPLEMENTARY INFORMATION:
In compliance with section
3506(c)(2)(A) of the Paperwork
Reduction Act of 1995, DoD announces
the proposed extension of a public
information collection requirement and
seeks public comment on the provisions
thereof. DoD invites comments on:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of DoD,
including whether the information will
have practical utility; the accuracy of
the estimate of the burden of the
proposed information collection; ways
to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the information collection on
respondents, including the use of
automated collection techniques or
other forms of information technology.
The Office of Management and Budget
(OMB) has approved this information
collection for use through September 30,
2019. DoD proposes that OMB extend its
approval for use for three additional
years beyond the current expiration
date.
SUMMARY:
DoD will consider all comments
received by May 13, 2019.
ADDRESSES: You may submit comments,
identified by OMB Control Number
amozie on DSK9F9SC42PROD with NOTICES
DATES:
VerDate Sep<11>2014
17:45 Mar 12, 2019
Jkt 247001
0704–0216, using any of the following
methods:
Æ Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Æ Email: osd.dfars@mail.mil. Include
OMB Control Number 0704–0216 in the
subject line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Heather
Kitchens, OUSD(A&S)DPC(DARS), 3060
Defense Pentagon, Room 3B941,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Heather Kitchens, telephone 571–372–
6104.
Title and OMB Number: Defense
Federal Acquisition Regulation
Supplement (DFARS) Part 228, Bonds
and Insurance, and related clauses at
252.228; OMB Control Number 0704–
0216.
Needs and Uses: DoD uses the
information obtained through this
collection to determine (1) the
allowability of a contractor’s costs of
providing war-hazard benefits to its
employees; (2) the need for an
investigation regarding an accident that
occurs in connection with a contract;
and (3) whether a non-Spanish
contractor performing a service or
construction contract in Spain has
adequate insurance coverage.
Affected Public: Businesses or other
for-profit and not-for-profit institutions.
Respondent’s Obligation: Required to
obtain or retain benefits.
Frequency: On occasion.
Type of Request: Revision and
extension.
Number of Respondents: 274.
Responses per Respondent: 1.
Annual Responses: 274.
Average Burden per Response:
Approximately 2 hours.
Annual Burden Hours: 547.
Reporting Frequency: On Occasion.
Summary of Information Collection
a. DFARS 252.228–7000,
Reimbursement for War-Hazard Losses,
requires the contractor to provide notice
and supporting documentation to the
contracting officer regarding potential
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
claims, open claims, and settlements
providing war-hazard benefits to
contractor employees.
b. DFARS 252.228–7005, Accident
Reporting and Investigation Involving
Aircraft, Missiles, and Space Launch
Vehicles, requires the contractor to
report promptly to the administrative
contracting officer all pertinent facts
relating to each accident involving an
aircraft, missile, or space launch vehicle
being manufactured, modified, repaired,
or overhauled in connection with the
contract.
c. DFARS 252.228–7006, Compliance
with Spanish Laws and Insurance,
requires the contractor to provide the
contracting officer with a written
representation that the contractor has
obtained the required types of insurance
in the minimum amounts specified in
the clause, when performing a service or
construction contract in Spain.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
[FR Doc. 2019–04656 Filed 3–12–19; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Transmittal No. 19–08]
Arms Sales Notification
Defense Security Cooperation
Agency, Department of Defense.
ACTION: Arms sales notice.
AGENCY:
The Department of Defense is
publishing the unclassified text of an
arms sales notification.
FOR FURTHER INFORMATION CONTACT:
Karma Job at karma.d.job.civ@mail.mil
or (703) 697–8976.
SUPPLEMENTARY INFORMATION: This
36(b)(1) arms sales notification is
published to fulfill the requirements of
section 155 of Public Law 104–164
dated July 21, 1996. The following is a
copy of a letter to the Speaker of the
House of Representatives, Transmittal
19–08 with attached Policy Justification
and Sensitivity of Technology.
SUMMARY:
Dated: March 8, 2019.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
E:\FR\FM\13MRN1.SGM
13MRN1
Agencies
[Federal Register Volume 84, Number 49 (Wednesday, March 13, 2019)]
[Notices]
[Pages 9104-9108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04657]
-----------------------------------------------------------------------
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, the Consumer
Product Safety Commission (CPSC) 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 CPSC 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).
DATES: Submit written or electronic comments on the collection of
information by May 13, 2019.
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 CPSC does not accept comments
submitted by electronic mail (email), except through
www.regulations.gov. The CPSC 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: Division of the Secretariat, 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
[[Page 9105]]
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: Bretford Griffin, Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, MD 20814; (301)
504-7037, or by email to: bgriffin@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 following into this collection
of information: (1) The previously approved burden for marking and
labeling of certain durable infant and toddler products; (2) the
labeling requirements set forth in the rule establishing requirements
for electrically operated toys or other electrically operated articles
intended for children (16 CFR 1505) (electrically operated toys and
other articles rule) and the recordkeeping requirements set forth in
the rule that are not also covered by the Commission's third party
testing rule at 16 CFR part 1107; and (3) recordkeeping and labelling
requirements set forth in the ban on articles known as ``baby
bouncers'' or ``walker-jumpers,'' or similar articles that are not
covered by 16 CFR 1216 and that are not also covered by the testing
rule or the rules issued under section104 of the Consumer Product
Safety Improvement Act (baby bouncer/walker-jumper rule, 16 CFR
1500.18(a)(6) and 1500.86(a)(4)).
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.
Section 1107.26 of the testing rule states the records required for
testing and selecting representative samples. 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 22 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 product 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 eight (8) additional section 104 rules issued since
the last renewal in 2016 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.
Electrically-Operated Toys and Other Articles: The requirements for
electrically operated toys and other electrically operated articles
intended for use by children are set forth in 16 CFR part 1505. The
regulation establishes certain criteria to use in determining whether
or not electrically operated toys and other electrically operated
children's products are banned, and requires that certain warning and
identification labeling be included on both the product and the
packaging. The regulation also requires that manufacturers establish a
quality assurance program to assure compliance and to keep records
pertaining to the quality assurance program. Additionally,
manufacturers or importers must keep records of the sale and
distribution of the products.
CPSC currently has an OMB control number (3041-0035) for the
estimated burden in complying with the requirements for electrically
operated toys and other articles. Because most of the recordkeeping
requirements in this information collection are essentially the same as
those of the testing rule, with this renewal, we are moving the marking
and labeling burden requirement into the collection of information for
Third Party Testing of Children's Products to avoid double counting the
burden. If this renewal
[[Page 9106]]
request is approved, CPSC will request termination of the existing OMB
control number for this information collection.
Baby-Bouncer/Walker-Jumper Rule: The requirements for baby
bouncers, baby walkers, and similar articles that are not covered by 16
CFR 1216 (Safety Standard for Infant Walkers) is set forth under 16 CFR
1500.18(a)(6) and 1500.86(a)(4). The regulation establishes certain
criteria to use in determining whether certain baby-bouncers, walker-
jumpers, or similar products are banned. The regulation requires that
each product be labelled with information that will permit future
identification by the manufacturer of the particular model of bouncer
or walker-jumper. In addition, records of sale, distribution, and
results of tests and inspections must be kept for three years and made
available to CPSC upon request. Products covered under this regulation
are not duplicative of an existing section 104 rule.
CPSC currently has an OMB control number (3041-0035) for the
estimated burden in complying with the requirements in this regulation.
Because most of the recordkeeping requirements in this information
collection are essentially the same as those of the testing rule, with
this renewal, we are moving the recordkeeping requirements into the
collection of information for Third Party Testing of Children's
Products to avoid double counting the burden. If this renewal request
is approved, CPSC will request termination of the existing OMB control
number for this information collection.
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: Recordkeeping requirements in parts 1107
and 1109 apply to all manufacturers or importers of children's products
that are covered by one or more children's product safety rules
promulgated and/or enforced by the CPSC. To estimate the number of
respondents, we reviewed every industry category in the NAICS and
selected those industry categories that included firms that could
manufacture or sell such children's products. Using data from the U.S.
Census Bureau, we determined that there are more than 37,000
manufacturers, almost 80,000 wholesalers, and about 128,000 retailers
in these categories. However, not all of the firms in these categories
manufacture or import children's products that are covered by
children's product safety rules. Therefore, these numbers would
constitute a high estimate of the number of firms that are subject to
the recordkeeping requirements. Accordingly, when calculating the
recordkeeping burden, CPSC relies on estimates of the number of
children's products that are manufactured or imported. We estimate that
approximately 300,000 non-apparel children's products and approximately
1.2 million children's apparel and footwear products are covered by the
rules.
Section 104 Rules: Table 1 summarizes the section 104 rules for
durable infant and toddler products subject to the marking and labeling
requirement that have been or are now being moved into OMB control
number 3041-0159. Table 1 contains the estimated number of
manufacturers and models and the total respondent hours. The 8 new
section 104 rules being moved into this information collection are
shown in bold text.
Table 1--Estimated Burden for Marking and Labeling in Section 104 Rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total
Discontinued OMB control Nbr 16 CFR part Description Mfrs Models respondent
hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
3041-0145...................................... 1215 Safety Standard for Infant Bath Seats.. 12 2 24
3041-0141...................................... 1216 Safety Standard for Infant Walkers..... 19 4 76
3041-0150...................................... 1217 Safety Standard for Toddler Beds....... 111 10 1,110
3041-0157...................................... 1218 Safety Standard for Bassinets and 72 4 288
Cradles.
3041-0147...................................... 1219 Safety Standard for Full-Size Cribs.... 80 13 1,040
3041-0147...................................... 1220 Safety Standard for Non-Full-Size Cribs 39 2 78
3041-0152...................................... 1221 Safety Standard for Play Yards......... 34 4 136
3041-0160...................................... 1222 Safety Standard for Infant Bedside 13 2 26
Sleepers.
3041-0155...................................... 1223 Safety Standard for Swings............. 6 8 48
3041-0149...................................... 1224 Safety Standard for Portable Bedrails.. 18 2 36
3041-0158...................................... 1225 Safety Standard for Hand-Held Infant 78 2 156
Carriers.
3041-0162...................................... 1226 Safety Standard for Soft Infant and 44 3 132
Toddler Carriers.
3041-0164...................................... 1227 Safety Standard for Carriages and 100 7 700
Strollers.
3041-0167...................................... 1228 Safety Standard for Sling Carriers..... 1,000 2 \*\ 8,500
3041-0174...................................... 1229 Safety Standard for Infant Bouncer 26 4 104
Seats.
3041-0166...................................... 1230 Safety Standard for Frame Child 14 3 42
Carriers.
3041-0173...................................... 1231 Safety Standard for High Chairs........ 83 3 249
3041-0172...................................... 1232 Safety Standard for Children's Folding 17 2 34
Chairs and Stools.
3041-0170...................................... 1233 Safety Standard for Hook-On-Chairs..... 7 1 7
3041-0171...................................... 1234 Safety Standard for Infant Bath Tubs... 27 2 54
3041-0175...................................... 1235 Safety Standard for Baby Changing 141 6 846
Products.
3041-0178...................................... 1237 Safety Standard for Booster Seats...... 52 2 104
---------------
Total Burden Hours......................... .............. ....................................... .............. .............. 13,790
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Includes 6,500 hours for instructional literature.
Electrically-Operated Toys and Other Articles Rule: CPSC staff
estimates that about 40 manufacturers and importers are subject to this
regulation.
Baby-Bouncer/Walker-Jumper Rule: CPSC staff estimates that about 6
firms are subject to the testing and recordkeeping requirements of this
regulation.
Estimated Time per Response:
[[Page 9107]]
Testing and Certification: Based on the comments we received on the
proposed testing rule, we revised the estimated number of children's
products that are affected, as well as the hourly recordkeeping burden
estimate. We estimate that approximately 300,000 non-apparel children's
products are covered by the rule and that an average of 5 hours will be
needed for the recordkeeping associated with these products per year.
We also estimate that there are approximately 1.2 million children's
apparel and footwear products, for which an average of 3 hours of
recordkeeping will be required per year. 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.
Electrically-Operated Toys and Other Articles: Products subject to
this regulation are also subject to the requirements of the testing
rule. Therefore, the burden of any duplicative recordkeeping
requirements will not be reported here, as they were in the cancelled
information collection, to avoid double-counting the burden. CPSC staff
estimates that the additional burden imposed by this regulation over
that imposed by the testing rule, is 30 minutes per product to maintain
sales and distribution records for three years, and one hour to make
labeling changes per model.
Baby-Bouncer/Walker-Jumpers CPSC staff estimates that firms will
spend one hour per model on recordkeeping requirements, and one hour
per model on labeling requirements.
Total Estimated Annual Burden:
Testing and Certification: The total estimated annual burden for
recordkeeping associated with the testing rule is 5.1 million hours
(300,000 non-apparel children's products x 5 hours per non-apparel
children's product + 1,200,000 children's apparel products x 3 hours
per children's apparel product = 1.5 million hours + 3.6 million hours,
or a total of 5.1 million hours). Potential additional annual burden
associated with use of a representative sampling plan and component
part testing are next described.
Representative Sampling Plans for Periodic Testing: We estimate
that if each product line averages 50 individual models or styles, then
a total of 30,000 individual representative sampling plans (1.5 million
children's products / 50 models or styles) would need to be developed
and documented. This would require 120,000 hours (30,000 plans x 4
hours per plan). If each product line averages 10 individual models or
styles, then a total of 150,000 different representative sampling plans
(1.5 million children's products / 10 models or styles) would need to
be documented. This would require 600,000 hours (150,000 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 600,000 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 510,000 hours total
annually (10% of 5.1 million hours); allocating 459,000 hours for
recordkeeping and 51,000 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 13,790.
Electrically-Operated Toys and Other Articles Rule: Assuming each
of the 40 firms produces 10 new models per year, the estimated annual
burden is 200 hours for recordkeeping (40 firms x .5 hour x 10 models)
and 400 hours for labeling changes (40 firms x 1 hour x 10 models), for
a total estimated annual burden of 600 hours.
Baby-Bouncer/Walker-Jumper Rule: Firms are expected to test, on
average, four new models per year. Accordingly, the estimated annual
burden is 12 hours on recordkeeping (6 firms x 1 hour x 2 models), and
12 hours on labeling (6 firms x 1 hour x 2 models), for a total
estimated annual burden of 24 hours per year.
Request for Comments
The CPSC solicits written comments from all interested persons
about the proposed renewal of this collection of information. The CPSC
specifically solicits information relevant to the following topics:
--Whether the collection of information described above is necessary
for the proper performance of the CPSC'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
[[Page 9108]]
collection techniques, or other forms of information technology.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2019-04657 Filed 3-12-19; 8:45 am]
BILLING CODE 6355-01-P