Agency Information Collection Activities; Proposed Collection; Comment Request; Third Party Testing of Children's Products, 26653-26656 [2019-11967]
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Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Notices
Title of Collection: Regulation I:
Disclosure Requirements for Depository
Institutions Lacking Federal Deposit
Insurance (12 CFR 1009).
OMB Control Number: 3170–0062.
Type of Review: Extension without
change of a currently approved
collection.
Affected Public: Private Sector.
Estimated Number of Annual
Respondents: 136.
Estimated Total Annual Burden
Hours: 3,652.
Abstract: 12 CFR 1009 applies to all
depository institutions lacking Federal
deposit insurance. It requires the
disclosure of certain insurance-related
information in periodic statements,
account records, locations where
deposits are normally received, and
advertising. This part also requires such
depository institutions to obtain a
written acknowledgment from
depositors regarding the institution’s
lack of Federal deposit insurance.
Request for Comments: Comments are
invited on: (a) Whether the collection of
information is necessary for the proper
performance of the functions of the
Bureau, including whether the
information will have practical utility;
(b) The accuracy of the Bureau’s
estimate of the burden of the collection
of information, including the validity of
the methods and the assumptions used;
(c) Ways to enhance the quality, utility,
and clarity of the information to be
collected; and (d) Ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology. Comments submitted in
response to this notice will be
summarized and/or included in the
request for OMB approval. All
comments will become a matter of
public record.
Dated: June 4, 2019.
Darrin A. King,
Paperwork Reduction Act Officer, Bureau of
Consumer Financial Protection.
[FR Doc. 2019–12005 Filed 6–6–19; 8:45 am]
BILLING CODE 4810–AM–P
CONSUMER PRODUCT SAFETY
COMMISSION
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[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:
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In accordance with the
requirements of the Paperwork
Reduction Act (PRA) of 1995, the
Consumer Product Safety Commission
(CPSC) announces that the CPSC 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
March 13, 2019, the CPSC published a
notice to announce the agency’s
intention to seek extension of approval
of the collection of information. The
Commission did not receive any
comments on the proposed extension of
approval. 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 July 8, 2019.
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:
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:
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 part 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
SUMMARY:
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26653
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 part 1216 and that are not also
covered by the testing rule or the rules
issued under section 104 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, a
companion to the testing rule, 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 that 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,
including a certificate, and records
documenting third party testing and
related sampling plans. 16 CFR 1107.26.
These requirements largely overlap the
recordkeeping requirements in the
component part rule, codified at 16 CFR
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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. The
rule 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.
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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 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 doublecounting the burden. If this renewal
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 part 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
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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.
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TABLE 1—ESTIMATED BURDEN FOR MARKING AND LABELING IN SECTION 104 RULES
Discontinued
OMB control
Nbr
Description
12
19
111
72
80
39
34
13
6
18
78
44
100
1,000
26
14
83
17
2
4
10
4
13
2
4
2
8
2
2
3
7
2
4
3
3
2
24
76
1,110
288
1,040
78
136
26
48
36
156
132
700
* 8,500
104
42
249
34
7
27
141
52
1
2
6
2
7
54
846
104
........................
........................
13,790
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
3041–0164
3041–0167
3041–0174
3041–0166
3041–0173
3041–0172
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
1215
1216
1217
1218
1219
1220
1221
1222
1223
1224
1225
1226
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
16 CFR
part
Models
* 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.
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Estimated Time per Response
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
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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 3 years, and
1 hour to make labeling changes per
model.
Baby-Bouncer/Walker-Jumpers: CPSC
staff estimates that firms will spend 1
hour per model on recordkeeping
requirements, and 1 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
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annual burden associated with use of a
representative sampling plan and
component part testing are described
next.
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 × 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
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product suppliers for all required
testing, 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 × .5
hour × 10 models) and 400 hours for
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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.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2019–11967 Filed 6–6–19; 8:45 am]
BILLING CODE 6355–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2012–0026]
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request;
Requirements Pertaining to Third Party
Conformity Assessment Bodies
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
As required by the Paperwork
Reduction Act of 1995, the Consumer
Product Safety Commission (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 associated with the CPSC’s
Requirements Pertaining to Third Party
Conformity Assessment Bodies (OMB
No. 3041–0156). In the Federal Register
of March 21, 2019, the CPSC published
a notice to announce the agency’s
intention to seek extension of approval
of the collection of information. The
Commission received no comments.
Therefore, 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 comments on
this request for extension of approval of
information collection by July 8, 2019.
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
SUMMARY:
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submitted electronically at https://
www.regulations.gov, under Docket No.
CPSC–2012–0026.
FOR FURTHER INFORMATION CONTACT:
Bretford J. Griffin, Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814; (301)
504–7037, or by email to: bfriffin@
cpsc.gov.
CPSC has
submitted the following currently
approved collection of information to
OMB for extension:
Title: Requirements Pertaining to
Third Party Conformity Assessment
Bodies.
OMB Number: 3041–0156.
Type of Review: Renewal of
collection.
Frequency of Response: On occasion.
Affected Public: Third party
conformity assessment bodies seeking
acceptance of accreditation or
continuing accreditation.
Estimated Burden:
• New Applications from Third Party
Conformity Assessment Bodies.
Æ We estimate approximately 40 new
applications from independent third
party conformity assessment bodies will
be submitted per year, taking an
estimated 75 minutes to complete the
initial application materials, with an
estimated burden of 50 hours per year.
Æ We estimate approximately 3
firewalled third party conformity
assessment bodies will apply per year,
taking an estimated 8.4 hours to
complete the initial application
materials, with an estimated burden of
25.2 hours per year.
Æ We estimate approximately 4
governmental third party conformity
assessment bodies will apply per year,
taking an estimated 3 hours to complete
the initial application materials, with an
estimated burden of 12 hours per year.
• Third party conformity assessment
bodies updating information.
Æ We estimate that approximately 5
third party conformity assessment
bodies will take 15 minutes to update
information for only those elements of
information that need updating, with an
estimated burden of 1.35 hours per year.
• Third party conformity assessment
bodies that subcontracts out tests.
Æ We estimate that approximately 27
third party conformity assessment
bodies will take 7 minutes to comply
with the subcontracting recordkeeping
requirement for an estimated 68,769
subcontract test, with an estimated of
approximately 8,023 hours per year.
• Third party conformity assessment
bodies that voluntarily withdraw.
Æ We estimate approximately 8 third
party conformity assessment bodies will
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Pages 26653-26656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11967]
=======================================================================
-----------------------------------------------------------------------
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, the Consumer Product Safety Commission (CPSC)
announces that the CPSC 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
March 13, 2019, the CPSC published a notice to announce the agency's
intention to seek extension of approval of the collection of
information. The Commission did not receive any comments on the
proposed extension of approval. 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 July 8, 2019.
ADDRESSES: Submit comments about this request by email:
OIRA[email protected] 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: Bretford Griffin, Consumer Product
Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; (301)
504-7037, or by email to: [email protected].
SUPPLEMENTARY 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 part 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 part 1216 and that are not also covered by the
testing rule or the rules issued under section 104 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, a companion to the testing rule, 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 that 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, including a certificate,
and records documenting third party testing and related sampling plans.
16 CFR 1107.26. These requirements largely overlap the recordkeeping
requirements in the component part rule, codified at 16 CFR
[[Page 26654]]
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. The rule 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
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 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 part 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.
[[Page 26655]]
Table 1--Estimated Burden for Marking and Labeling in Section 104 Rules
----------------------------------------------------------------------------------------------------------------
Total
Discontinued OMB control 16 CFR part Description Mfrs Models respondent
Nbr hours
----------------------------------------------------------------------------------------------------------------
3041-0145................ 1215 Safety Standard for 12 2 24
Infant Bath Seats.
3041-0141................ 1216 Safety Standard for 19 4 76
Infant Walkers.
3041-0150................ 1217 Safety Standard for 111 10 1,110
Toddler Beds.
3041-0157................ 1218 Safety Standard for 72 4 288
Bassinets and
Cradles.
3041-0147................ 1219 Safety Standard for 80 13 1,040
Full-Size Cribs.
3041-0147................ 1220 Safety Standard for 39 2 78
Non-Full-Size Cribs.
3041-0152................ 1221 Safety Standard for 34 4 136
Play Yards.
3041-0160................ 1222 Safety Standard for 13 2 26
Infant Bedside
Sleepers.
3041-0155................ 1223 Safety Standard for 6 8 48
Swings.
3041-0149................ 1224 Safety Standard for 18 2 36
Portable Bedrails.
3041-0158................ 1225 Safety Standard for 78 2 156
Hand-Held Infant
Carriers.
3041-0162................ 1226 Safety Standard for 44 3 132
Soft Infant and
Toddler Carriers.
3041-0164................ 1227 Safety Standard for 100 7 700
Carriages and
Strollers.
3041-0167................ 1228 Safety Standard for 1,000 2 * 8,500
Sling Carriers.
3041-0174................ 1229 Safety Standard for 26 4 104
Infant Bouncer
Seats.
3041-0166................ 1230 Safety Standard for 14 3 42
Frame Child
Carriers.
3041-0173................ 1231 Safety Standard for 83 3 249
High Chairs.
3041-0172................ 1232 Safety Standard for 17 2 34
Children's Folding
Chairs and Stools.
3041-0170................ 1233 Safety Standard for 7 1 7
Hook-On-Chairs.
3041-0171................ 1234 Safety Standard for 27 2 54
Infant Bath Tubs.
3041-0175................ 1235 Safety Standard for 141 6 846
Baby Changing
Products.
3041-0178................ 1237 Safety Standard for 52 2 104
Booster Seats.
-----------------------------------------------
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
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 3 years, and 1 hour to make labeling
changes per model.
Baby-Bouncer/Walker-Jumpers: CPSC staff estimates that firms will
spend 1 hour per model on recordkeeping requirements, and 1 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 described next.
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
[[Page 26656]]
product suppliers for all required testing, 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.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2019-11967 Filed 6-6-19; 8:45 am]
BILLING CODE 6355-01-P
