Agency Information Collection Activities; Proposed Collection; Comment Request; Testing and Labeling of Non-Children's Products Containing or Designed To Use Button Cell or Coin Batteries and Labeling of Button Cell or Coin Battery Packaging, 21652-21655 [2023-07487]
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Federal Register / Vol. 88, No. 69 / Tuesday, April 11, 2023 / Notices
Notwithstanding any other provision
of law, no person is required to respond
to, nor shall a person be subject to a
penalty for failure to comply with, a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information has a currently valid OMB
control number.
Judging Process: After the application
period ends, independent judges from
outside the USPTO will review, score,
and return the applications and their
evaluations to the USPTO. Judges will
evaluate applications based on the
judging criteria and selection factors
described above. Each application will
be reviewed by multiple judges
separately, and each judge will review
multiple applications. To encourage
fair, open, and impartial evaluations,
judges will perform their reviews
independently, and the reviews will not
be released to the public unless release
is required by law. After awards have
been made, however, applicants may
request from the USPTO a copy of the
judges’ evaluations for their application
with the judges’ names redacted. Such
copies will be sent to either the address
on file with the application or another
address verified as belonging to the
applicant.
After the USPTO receives the scored
applications from the judges, the
USPTO will then forward top-scoring
applications to separate judges from
participating federal agencies to
recommend award recipients. The goal
is to complete this recommendation
process within 90 days of the close of
the application period.
After receiving recommendations
from these judges, final decisions
regarding award recipients will be made
at the discretion of the Director of the
USPTO. Final results may not be
challenged for relief before the USPTO.
The actual number of selected award
recipients will depend on the number
and quality of submissions. Once final
decisions regarding award recipients
have been made, the USPTO will notify
the awardees and schedule a public
awards ceremony. The USPTO will
attempt to notify awardees four weeks
before the ceremony date if
circumstances permit.
Selection of Judges: Judges will be
selected by the USPTO. Candidates with
the following qualifications will be
preferred:
• Recognized subject matter expertise
in trademarks, economics, business,
law, public policy, or a related field;
• Demonstrated understanding of
trademark commercialization, branding,
and/or marketing;
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• Demonstrated knowledge of
humanitarian issues (specifically of
humanitarian, environmental issues for
the 2023 cycle), including the
challenges presented by such issues;
and
• Experience analyzing the
effectiveness of efforts to address
humanitarian issues.
Judges will be chosen to minimize
conflicts of interest. A conflict of
interest occurs when a judge: (a) has
significant personal or financial
interests in, or is an employee, officer,
director, or agent of, any applicant
participating in the competition; or (b)
has a significant familial or financial
relationship with an applicant who is
participating. When conflicts of interest
arise, conflicted judges must recuse
themselves from evaluating the affected
applications.
Awards: Winners of the 2023
competition will receive recognition for
their humanitarian efforts at a public
awards ceremony with the Director of
the USPTO and/or other executive
branch official(s) and will be featured
on the USPTO’s website.
Katherine K. Vidal,
Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2023–07125 Filed 4–10–23; 8:45 am]
BILLING CODE 3510–16–P
COMMODITY FUTURES TRADING
COMMISSION
Sunshine Act Meetings
11:00 a.m. EDT,
Wednesday, April 19, 2023.
TIME AND DATE:
PLACE:
Virtual meeting.
STATUS:
Closed.
MATTERS TO BE CONSIDERED:
Enforcement matters. In the event that
the time, date, or location of this
meeting changes, an announcement of
the change, along with the new time,
date, and/or place of the meeting will be
posted on the Commission’s website at
https://www.cftc.gov/.
CONTACT PERSON FOR MORE INFORMATION:
Christopher Kirkpatrick, 202–418–5964.
Authority: 5 U.S.C. 552b.
Dated: April 7, 2023.
Christopher Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2023–07655 Filed 4–7–23; 11:15 am]
BILLING CODE 6351–01–P
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CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 2023–0004]
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Testing and
Labeling of Non-Children’s Products
Containing or Designed To Use Button
Cell or Coin Batteries and Labeling of
Button Cell or Coin Battery Packaging
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
On February 9, 2023, the
Consumer Product Safety Commission
(CPSC or Commission) published a
notice of proposed rulemaking (NPR) to
establish testing and labeling
requirements for consumer products
that contain or are designed to use
button cell or coin batteries, and for the
labeling of button cell or coin battery
packaging. The NPR estimated the
burden associated with these
requirements for children’s products,
but did not include an estimated burden
for testing and labeling of nonchildren’s products or for labeling
button cell or coin battery packaging. As
required by the Paperwork Reduction
Act of 1995, the CPSC requests
comments on a proposed collection of
information for Testing and Labeling of
Non-Children’s Products Containing or
Designed to Use Button Cell or Coin
Batteries and Labeling of Button Cell or
Battery Packaging. CPSC will consider
all comments received in response to
this notice before requesting a control
number for this collection of
information from the Office of
Management and Budget (OMB).
DATES: Submit written or electronic
comments on the collection of
information by June 12, 2023.
ADDRESSES: You can submit comments,
identified by Docket No. CPSC–2023–
0004, by any of the following methods:
Electronic Submissions: CPSC
encourages you to submit electronic
comments to the Federal eRulemaking
Portal at: https://www.regulations.gov.
Follow the instructions for submitting
comments. CPSC typically does not
accept comments submitted by
electronic mail (email), except as
described below.
Mail/Hand Delivery/Courier/
Confidential Written Submissions:
Submit comments by mail, hand
delivery, or courier to: Office of the
Secretary, Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone: (301)
504–7479. If you wish to submit
SUMMARY:
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confidential business information, trade
secret information, or other sensitive or
protected information that you do not
want to be available to the public, you
may submit such comments by mail,
hand delivery, or courier, or you may
email them to: cpsc-os@cpsc.gov.
Instructions: All submissions must
include the agency name and docket
number. CPSC may post all comments
without change, including any personal
identifiers, contact information, or other
personal information provided, to:
https://www.regulations.gov. Do not
submit through this website:
confidential business information, trade
secret information, or other sensitive or
protected information that you do not
want to be available to the public. If you
wish to submit such information, please
submit it according to the instructions
for mail/hand delivery/courier/
confidential written submissions.
Docket: For access to the docket to
read background documents or
comments received, go to: https://
www.regulations.gov; insert the docket
number, CPSC–2023–0004, into the
‘‘Search’’ box; and follow the prompts.
FOR FURTHER INFORMATION CONTACT:
Cynthia Gillham, Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814; (301)
504–7791, or by email to: cgillham@
cpsc.gov.
The
proposed rule to establish a Safety
Standard and Notification Requirements
for Button Cell or Coin Batteries and
Consumer Products Containing Such
Batteries (88 FR 8692 (Feb. 9, 2023)), to
be codified at 16 CFR part 1263,
contains information collection
requirements that are subject to public
comment and review by OMB under the
Paperwork Reduction Act of 1995 (PRA;
44 U.S.C. 3501–3521). The NPR
proposed to expand the collection of
information for Testing and Certification
of Children’s Products (OMB Control
No. 3041–0159) to include testing and
labeling of children’s products
containing button cell or coin batteries
(88 FR at 8717–19), but did not include
burden estimates for a new collection of
information for non-children’s products.
In this notice we provide the estimated
burden associated with the testing and
labeling of non-children’s products, and
for labeling of button cell and coin
battery packaging.1 Under the PRA, an
agency must publish the following
information:
D A title for the collection of
information;
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SUPPLEMENTARY INFORMATION:
1 On April 4, 2023, the Commission voted (4–0)
to publish this notice.
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D A summary of the collection of
information;
D A brief description of the need for
the information and the proposed use of
the information;
D A description of the likely
respondents and proposed frequency of
response to the collection of
information;
D An estimate of the burden that will
result from the collection of
information; and
D Notice that comments may be
submitted to OMB.
44 U.S.C. 3507(a)(1)(D). In accordance
with this requirement, the Commission
provides the following information:
Title: Testing and Labeling of NonChildren’s Products Containing or
Designed to Use Button Cell or Coin
Batteries and Labeling of Button Cell or
Coin Battery Packaging.
Type of Review: New collection of
information for testing and labeling of
non-children’s products containing or
designed to use button cell or coin
batteries and labeling of button cell or
coin battery packaging, as provided in
the NPR to establish 16 CFR part 1263,
which includes: (1) testing of nonchildren’s products containing or
designed to use button cell or coin
batteries, including creating a general
certificate of conformity (GCC); (2)
labeling requirements for non-children’s
products and for button cell or coin
battery packaging, including, as
applicable, warnings on battery
compartments, product packaging,
accompanying written materials (i.e.,
instructions, manuals, hangtags, or
inserts)) and websites; and (3)
recordkeeping requirements.
General Description of Collection
Summary, Need, and Use of
Information: Based on the requirements
in Reese’s Law, 15 U.S.C. 2056e(a) and
(b), and section 27(e) of the Consumer
Product Safety Act (CPSA), 15 U.S.C.
2076(e), the proposed rule prescribes
performance requirements for childresistant battery compartments on
children’s and non-children’s consumer
products that contain or are designed to
use button cell or coin batteries, and
warning requirements for button cell
and coin battery packaging, consumer
product packaging, consumer products,
accompanying written materials such as
instructions, manuals, inserts, or
hangtags, and sales websites. These
performance and labeling requirements
are intended to reduce or eliminate
injuries and deaths associated with
children 6 years old and younger
ingesting button cell or coin batteries.
This collection of information is solely
for non-children’s consumer products,
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meaning (1) products that contain or are
designed to use button cell or coin
batteries and are not designed or
intended primarily for children 12 years
old or younger, and (2) labeling of
packages of button cell or coin batteries.
15 U.S.C. 2052(a)(2); 16 CFR part 1200.
In addition to the testing and labeling
requirements in the proposed rule,
section 14(a) of the CPSA requires that
manufacturers (including importers) of
non-children’s products subject to a rule
issue a general certificate of conformity.
GCCs certify the products as being
compliant with applicable regulations
and must be based on a test of each
product or a reasonable testing program.
Unlike children’s products, products
that have GCCs are not required to
undergo third party testing. Section
14(g) and 16 CFR part 1110 state the
requirements for GCCs. Among other
requirements, each certificate must
identify the manufacturer issuing the
certificate, any laboratory conducting
testing on which the certificate depends,
the date and place of manufacture, the
date and place where the product was
tested, each party’s name, full mailing
address, and telephone number, and
contact information for the individual
responsible for maintaining records of
test results. The certificates must be in
English. The certificates must be
furnished to each distributor or retailer
of the product and to the CPSC, if
requested.
Respondents and Frequency:
Respondents include manufacturers and
importers of non-children’s products
that contain or are designed to use
button cell or coin batteries, and
manufacturers and importers of
packages of button cell or coin batteries.
Manufacturers and importers must
comply with the information collection
requirements when non-children’s
products that contain or use button cell
or coin batteries, and packages of button
cell or coin batteries, are manufactured
or imported after the effective date of
the proposed 16 CFR part 1263.
Estimated Burden: CPSC has
estimated the respondents’ burden in
hours, and the estimated labor costs to
the respondents.
Estimate of Respondent Burden: The
hourly reporting burden imposed on
firms that manufacture or import nonchildren’s products that contain button
cell or coin batteries, and firms that
manufacture or import button cell or
coin batteries, includes the time and
cost to create and maintain records
related to testing of consumer products
(including issuing a GCC); product
labeling, including required warning
labels on, as applicable: consumer
product battery compartments, product
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packaging, accompanying written
materials (i.e., instructions, manuals,
inserts, or hangtags), and point of sale
notices including for websites offering
the sale of button cell or coin batteries.
TABLE 1—ESTIMATED ANNUAL RESPONDENT BURDEN
Burden type
Respondents
Hours per
response
Annual burden
(hours)
Annual burden
(costs)
Labeling ..............................................................................
Testing ...............................................................................
Recordkeeping ...................................................................
15,363
15,363
15,363
2
2
2
1
3
1
30,726
92,178
30,726
$1,332,586.62
3,997,759.86
1,332,586.62
Total Burden ...............................................................
........................
........................
........................
153,630
6,662,933.10
Based on available data from the U.S.
Census Bureau, CPSC estimates that
there are 15,363 firms supplying nonchildren’s consumer products to the
United States that contain or are
designed to use button cell or coin
batteries, or that manufacture or import
button cell or coin batteries.2 Staff
assumes that, on average, each
manufacturer or importer has two
product models that must be tested,
labeled, and certified, annually. We
estimate 3 hours per product to conduct
required testing of battery compartments
and to issue a GCC, and 1 hour to create
and maintain records. Note that for
button cell or battery packaging that
requires only labeling pursuant to the
NPR, and not product testing, this is an
over-estimate.3 We estimate that the
burden to update required product
labeling is about 1 hour per product.
Accordingly, as shown in Table 1, the
total annual burden is 153,630 hours.
Using the total compensation for all
sales and office workers in goodsproducing private industries of $43.37
per hour,4 the total estimated annual
burden on firms supplying nonchildren’s products to comply with the
rule is $6.67 million annually (153,630
hours × $43.37 = $6,662,933.10).
The product labeling burden estimate
is the largest reasonably possible,
assuming every manufacturer (including
importer) of consumer products
containing or designed to use button
cell or coin batteries, and every
manufacturer (including importer) of
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Frequency
of response
2 These estimates include data available for
NAICS subsector 335912—primary battery
manufacturing, though not all battery
manufacturers would be impacted by the proposed
rule.
3 Testing of button cell or coin battery packaging
is not required by the proposed rule, but is required
by section 3 of Reese’s Law. Notes to 15 U.S.C.
2056e. This burden estimate is an over-estimate
likely large enough to also encompass testing of
battery packaging, but such testing is a statutory
requirement not included in the rulemaking.
4 U.S. Bureau of Labor Statistics, ‘‘Employer Costs
for Employee Compensation,’’ total compensation
for private industry workers in goods producing
industries, Sept. 2022: https://www.bls.gov/
news.release/archives/ecec_12152022.pdf.
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button cell or coin batteries, has to
modify four product labels (battery
compartment, packaging, accompanying
written materials, and websites) per
product. This is likely an over-estimate.
Based on staff’s review of non-children’s
products that contain or are designed to
use button cell or coin batteries, and
battery packaging, many of these
products already contain some type of
warning on the product labels.
Accordingly, CPSC staff believes it
possible that the burden to modify
product labels could be very low.
Under the OMB’s regulations (5 CFR
1320.3(b)(2)), the time, effort, and
financial resources necessary to comply
with a collection of information that
would be incurred by persons in the
‘‘normal course of their activities’’ are
excluded from the burden estimate
where the disclosure activities required
to comply are ‘‘usual and customary.’’ If
warning statements on battery
compartments, product packaging, and
instructions/manuals is usual and
customary for non-children’s products
that contain or are designed to use
button cell or coin batteries, then any
burden associated with warning labels
would be ‘‘usual and customary’’ and
not within the definition of ‘‘burden’’
under the OMB’s regulations. We
request comments on this potential
estimate of no burden for product
labeling, including the preliminary
analysis that the largest possible burden
estimate for the proposed standard to
require product labeling is 30,726 hours
at a cost of $1,332,586.62 annually.
Labor Cost of Respondent Burden.
According to the U.S. Bureau of Labor
Statistics (BLS), Employer Costs for
Employee Compensation, the total
compensation cost per hour worked for
all private industry workers was $43.37
(September 2022, https://www.bls.gov/
news.release/archives/ecec_
12152022.pdf). Based on this analysis,
CPSC estimates that the labor required
to respond would impose a cost to
industry of approximately $6,662,933.10
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annually (153,630 hours × $43.37 =
$6,662,933.10).
Cost to the Federal Government. The
estimated annual cost of the information
collection requirements to the Federal
Government is approximately $4,448,
which includes 60 staff hours to
examine and evaluate the information,
as needed, for CPSC’s compliance
activities. This is based on a GS–12, step
5 level salaried employee. The average
hourly wage rate for a mid-level salaried
GS–12 employee in the Washington, DC
metropolitan area (effective as of
January 2023) is $51.15 (GS–12, step 5).
This represents 69.0 percent of total
compensation (U.S. Bureau of Labor
Statistics, ‘‘Employer Costs for
Employee Compensation,’’ September
2022, Table 2., percentage of wages and
salaries for all civilian management,
professional, and related employees:
https://www.bls.gov/news.release/
archives/ecec_12152022.pdf). Adding
an additional 31.0 percent for benefits
brings average annual compensation for
a mid-level salaried GS–12 employee to
$74.13 per hour. Assuming that
approximately 60 hours will be required
annually, this results in an annual cost
of $4,448 ($74.13 per hour × 60 hours
= $4,447.8).
Comments. CPSC requests that
interested parties submit comments
regarding this proposed information
collection (see the ADDRESSES section at
the beginning of this notice). Pursuant
to 44 U.S.C. 3506(c)(2)(A), the
Commission specifically invites
comments on:
• whether the proposed collection of
information is necessary for the proper
performance of CPSC’s functions,
including whether the information will
have practical utility;
D the accuracy of CPSC’s estimate of
the burden of the proposed collection of
information, including the validity of
the methodology and assumptions used;
D ways to enhance the quality, utility,
and clarity of the information the
Commission proposes to collect;
D ways to reduce the burden of the
collection of information on
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respondents, including the use of
automated collection techniques when
appropriate, and other forms of
information technology;
D the estimated burden hours
associated with labels and hang tags,
including any alternative estimates; and
D the estimated respondent cost other
than burden hour cost.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2023–07487 Filed 4–10–23; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF DEFENSE
Department of the Army
[Docket ID: USA–2022–HQ–0007]
Submission for OMB Review;
Comment Request
U.S. Army Corps of Engineers,
Department of the Army, Department of
Defense (DoD).
ACTION: 30-Day information collection
notice.
AGENCY:
The DoD has submitted to the
Office of Management and Budget
(OMB) for clearance the following
proposal for collection of information
under the provisions of the Paperwork
Reduction Act.
DATES: Consideration will be given to all
comments received by May 11, 2023.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Angela Duncan, 571–372–7574, whs.mcalex.esd.mbx.dd-dod-informationcollections@mail.mil.
SUPPLEMENTARY INFORMATION:
Title; Associated Form; and OMB
Number: Gulf Intracoastal Waterway
Shipper Interview Survey; OMB Control
Number 0710–GIWW.
Type of Request: New.
Number of Respondents: 50.
Responses per Respondent: 1.
Annual Responses: 50.
Average Burden per Response: 60
minutes.
Annual Burden Hours: 50.
Needs and Uses: The U.S. Army
Corps of Engineers (USACE) Galveston
District, (SWG) seeks to conduct a
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SUMMARY:
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survey of commercial shipping
companies that use the Gulf Intracoastal
Waterway (GIWW) to transport
commodities along the Texas Coast. The
area includes the crossings of the Brazos
River and Colorado River in Texas. SWG
will incorporate survey information into
a General Investigation Feasibility Study
Update of long-term solutions to
shoaling and allisions near the
intersections of the GIWW and the
Brazos and Colorado rivers that could
result in a potential loss of the
navigation pool at the flood gates and
locks. As part of the study, we are
surveying shippers that use the GIWW
to help us better understand the
potential economic effects of a longterm disruption in navigation through
the area. Part of the study requires an
examination of how shippers would
respond if navigation crossing the
Brazos River and Colorado River was
restricted for an extended period, or if
the flood gates and locks are widened.
The survey will provide information to
determine if tentative project costs
would be justified by reducing risks of
losing the navigation pool along the
GIWW.
Affected Public: Business or other forprofit.
Frequency: Once.
Respondent’s Obligation: Voluntary.
OMB Desk Officer: Mr. Matthew
Oreska.
You may also submit comments and
recommendations, identified by Docket
ID number and title, by the following
method:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name, Docket
ID number, and title for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
DOD Clearance Officer: Ms. Angela
Duncan.
Requests for copies of the information
collection proposal should be sent to
Ms. Duncan at whs.mc-alex.esd.mbx.dddod-information-collections@mail.mil.
Dated: April 5, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2023–07488 Filed 4–10–23; 8:45 am]
BILLING CODE 5001–06–P
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD–2023–OS–0005]
Submission for OMB Review;
Comment Request
Office of the Under Secretary of
Defense for Personnel and Readiness
(OUSD(P&R)), Department of Defense
(DoD).
ACTION: 30-Day information collection
notice.
AGENCY:
The DoD has submitted to the
Office of Management and Budget
(OMB) for clearance the following
proposal for collection of information
under the provisions of the Paperwork
Reduction Act.
DATES: Consideration will be given to all
comments received by May 11, 2023.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Angela Duncan, 571–372–7574, whs.mcalex.esd.mbx.dd-dod-informationcollections@mail.mil.
SUPPLEMENTARY INFORMATION:
Title; Associated Form; and OMB
Number: Application for DEERS
Enrollment/ID Card Issuance; DD Form
1172–2; OMB Control Number 0704–
0415.
Type of Request: Extension.
Number of Respondents: 2,288,877.
Responses per Respondent: 1.
Annual Responses: 2,288,877.
Average Burden per Response: 3
minutes.
Annual Burden Hours: 114,444.
Needs and Uses: The information
collected is used to determine an
individual’s eligibility for benefits and
privileges, to provide a proper
identification card reflecting those
benefits and privileges, and to maintain
a centralized database of the eligible
population. This information shall be
used to establish an individual’s
affiliation with DoD, in support of DoD
ID card issuance and benefits access.
Once this information has been
collected and proofed to the standard
requisite in Federal Information
Processing Standards 201–3, ‘‘Personal
Identity Verification (PIV) of Federal
Employees and Contractors’’ (for CAC
applicants), and according to the DoD
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Notices]
[Pages 21652-21655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07487]
=======================================================================
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CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 2023-0004]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Testing and Labeling of Non-Children's Products
Containing or Designed To Use Button Cell or Coin Batteries and
Labeling of Button Cell or Coin Battery Packaging
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
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SUMMARY: On February 9, 2023, the Consumer Product Safety Commission
(CPSC or Commission) published a notice of proposed rulemaking (NPR) to
establish testing and labeling requirements for consumer products that
contain or are designed to use button cell or coin batteries, and for
the labeling of button cell or coin battery packaging. The NPR
estimated the burden associated with these requirements for children's
products, but did not include an estimated burden for testing and
labeling of non-children's products or for labeling button cell or coin
battery packaging. As required by the Paperwork Reduction Act of 1995,
the CPSC requests comments on a proposed collection of information for
Testing and Labeling of Non-Children's Products Containing or Designed
to Use Button Cell or Coin Batteries and Labeling of Button Cell or
Battery Packaging. CPSC will consider all comments received in response
to this notice before requesting a control number for this collection
of information from the Office of Management and Budget (OMB).
DATES: Submit written or electronic comments on the collection of
information by June 12, 2023.
ADDRESSES: You can submit comments, identified by Docket No. CPSC-2023-
0004, by any of the following methods:
Electronic Submissions: CPSC encourages you to submit electronic
comments to the Federal eRulemaking Portal at: https://www.regulations.gov. Follow the instructions for submitting comments.
CPSC typically does not accept comments submitted by electronic mail
(email), except as described below.
Mail/Hand Delivery/Courier/Confidential Written Submissions: Submit
comments by mail, hand delivery, or courier to: Office of the
Secretary, Consumer Product Safety Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone: (301) 504-7479. If you wish to submit
[[Page 21653]]
confidential business information, trade secret information, or other
sensitive or protected information that you do not want to be available
to the public, you may submit such comments by mail, hand delivery, or
courier, or you may email them to: [email protected].
Instructions: All submissions must include the agency name and
docket number. CPSC may post all comments without change, including any
personal identifiers, contact information, or other personal
information provided, to: https://www.regulations.gov. Do not submit
through this website: confidential business information, trade secret
information, or other sensitive or protected information that you do
not want to be available to the public. If you wish to submit such
information, please submit it according to the instructions for mail/
hand delivery/courier/confidential written submissions.
Docket: For access to the docket to read background documents or
comments received, go to: https://www.regulations.gov; insert the
docket number, CPSC-2023-0004, into the ``Search'' box; and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Cynthia Gillham, Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, MD 20814; (301)
504-7791, or by email to: [email protected].
SUPPLEMENTARY INFORMATION: The proposed rule to establish a Safety
Standard and Notification Requirements for Button Cell or Coin
Batteries and Consumer Products Containing Such Batteries (88 FR 8692
(Feb. 9, 2023)), to be codified at 16 CFR part 1263, contains
information collection requirements that are subject to public comment
and review by OMB under the Paperwork Reduction Act of 1995 (PRA; 44
U.S.C. 3501-3521). The NPR proposed to expand the collection of
information for Testing and Certification of Children's Products (OMB
Control No. 3041-0159) to include testing and labeling of children's
products containing button cell or coin batteries (88 FR at 8717-19),
but did not include burden estimates for a new collection of
information for non-children's products. In this notice we provide the
estimated burden associated with the testing and labeling of non-
children's products, and for labeling of button cell and coin battery
packaging.\1\ Under the PRA, an agency must publish the following
information:
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\1\ On April 4, 2023, the Commission voted (4-0) to publish this
notice.
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[ssquf] A title for the collection of information;
[ssquf] A summary of the collection of information;
[ssquf] A brief description of the need for the information and the
proposed use of the information;
[ssquf] A description of the likely respondents and proposed
frequency of response to the collection of information;
[ssquf] An estimate of the burden that will result from the
collection of information; and
[ssquf] Notice that comments may be submitted to OMB.
44 U.S.C. 3507(a)(1)(D). In accordance with this requirement, the
Commission provides the following information:
Title: Testing and Labeling of Non-Children's Products Containing
or Designed to Use Button Cell or Coin Batteries and Labeling of Button
Cell or Coin Battery Packaging.
Type of Review: New collection of information for testing and
labeling of non-children's products containing or designed to use
button cell or coin batteries and labeling of button cell or coin
battery packaging, as provided in the NPR to establish 16 CFR part
1263, which includes: (1) testing of non-children's products containing
or designed to use button cell or coin batteries, including creating a
general certificate of conformity (GCC); (2) labeling requirements for
non-children's products and for button cell or coin battery packaging,
including, as applicable, warnings on battery compartments, product
packaging, accompanying written materials (i.e., instructions, manuals,
hangtags, or inserts)) and websites; and (3) recordkeeping
requirements.
General Description of Collection
Summary, Need, and Use of Information: Based on the requirements in
Reese's Law, 15 U.S.C. 2056e(a) and (b), and section 27(e) of the
Consumer Product Safety Act (CPSA), 15 U.S.C. 2076(e), the proposed
rule prescribes performance requirements for child-resistant battery
compartments on children's and non-children's consumer products that
contain or are designed to use button cell or coin batteries, and
warning requirements for button cell and coin battery packaging,
consumer product packaging, consumer products, accompanying written
materials such as instructions, manuals, inserts, or hangtags, and
sales websites. These performance and labeling requirements are
intended to reduce or eliminate injuries and deaths associated with
children 6 years old and younger ingesting button cell or coin
batteries. This collection of information is solely for non-children's
consumer products, meaning (1) products that contain or are designed to
use button cell or coin batteries and are not designed or intended
primarily for children 12 years old or younger, and (2) labeling of
packages of button cell or coin batteries. 15 U.S.C. 2052(a)(2); 16 CFR
part 1200.
In addition to the testing and labeling requirements in the
proposed rule, section 14(a) of the CPSA requires that manufacturers
(including importers) of non-children's products subject to a rule
issue a general certificate of conformity. GCCs certify the products as
being compliant with applicable regulations and must be based on a test
of each product or a reasonable testing program. Unlike children's
products, products that have GCCs are not required to undergo third
party testing. Section 14(g) and 16 CFR part 1110 state the
requirements for GCCs. Among other requirements, each certificate must
identify the manufacturer issuing the certificate, any laboratory
conducting testing on which the certificate depends, the date and place
of manufacture, the date and place where the product was tested, each
party's name, full mailing address, and telephone number, and contact
information for the individual responsible for maintaining records of
test results. The certificates must be in English. The certificates
must be furnished to each distributor or retailer of the product and to
the CPSC, if requested.
Respondents and Frequency: Respondents include manufacturers and
importers of non-children's products that contain or are designed to
use button cell or coin batteries, and manufacturers and importers of
packages of button cell or coin batteries. Manufacturers and importers
must comply with the information collection requirements when non-
children's products that contain or use button cell or coin batteries,
and packages of button cell or coin batteries, are manufactured or
imported after the effective date of the proposed 16 CFR part 1263.
Estimated Burden: CPSC has estimated the respondents' burden in
hours, and the estimated labor costs to the respondents.
Estimate of Respondent Burden: The hourly reporting burden imposed
on firms that manufacture or import non-children's products that
contain button cell or coin batteries, and firms that manufacture or
import button cell or coin batteries, includes the time and cost to
create and maintain records related to testing of consumer products
(including issuing a GCC); product labeling, including required warning
labels on, as applicable: consumer product battery compartments,
product
[[Page 21654]]
packaging, accompanying written materials (i.e., instructions, manuals,
inserts, or hangtags), and point of sale notices including for websites
offering the sale of button cell or coin batteries.
Table 1--Estimated Annual Respondent Burden
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Frequency of Hours per Annual burden Annual burden
Burden type Respondents response response (hours) (costs)
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Labeling....................... 15,363 2 1 30,726 $1,332,586.62
Testing........................ 15,363 2 3 92,178 3,997,759.86
Recordkeeping.................. 15,363 2 1 30,726 1,332,586.62
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Total Burden............... .............. .............. .............. 153,630 6,662,933.10
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Based on available data from the U.S. Census Bureau, CPSC estimates
that there are 15,363 firms supplying non-children's consumer products
to the United States that contain or are designed to use button cell or
coin batteries, or that manufacture or import button cell or coin
batteries.\2\ Staff assumes that, on average, each manufacturer or
importer has two product models that must be tested, labeled, and
certified, annually. We estimate 3 hours per product to conduct
required testing of battery compartments and to issue a GCC, and 1 hour
to create and maintain records. Note that for button cell or battery
packaging that requires only labeling pursuant to the NPR, and not
product testing, this is an over-estimate.\3\ We estimate that the
burden to update required product labeling is about 1 hour per product.
Accordingly, as shown in Table 1, the total annual burden is 153,630
hours. Using the total compensation for all sales and office workers in
goods-producing private industries of $43.37 per hour,\4\ the total
estimated annual burden on firms supplying non-children's products to
comply with the rule is $6.67 million annually (153,630 hours x $43.37
= $6,662,933.10).
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\2\ These estimates include data available for NAICS subsector
335912--primary battery manufacturing, though not all battery
manufacturers would be impacted by the proposed rule.
\3\ Testing of button cell or coin battery packaging is not
required by the proposed rule, but is required by section 3 of
Reese's Law. Notes to 15 U.S.C. 2056e. This burden estimate is an
over-estimate likely large enough to also encompass testing of
battery packaging, but such testing is a statutory requirement not
included in the rulemaking.
\4\ U.S. Bureau of Labor Statistics, ``Employer Costs for
Employee Compensation,'' total compensation for private industry
workers in goods producing industries, Sept. 2022: https://www.bls.gov/news.release/archives/ecec_12152022.pdf.
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The product labeling burden estimate is the largest reasonably
possible, assuming every manufacturer (including importer) of consumer
products containing or designed to use button cell or coin batteries,
and every manufacturer (including importer) of button cell or coin
batteries, has to modify four product labels (battery compartment,
packaging, accompanying written materials, and websites) per product.
This is likely an over-estimate. Based on staff's review of non-
children's products that contain or are designed to use button cell or
coin batteries, and battery packaging, many of these products already
contain some type of warning on the product labels. Accordingly, CPSC
staff believes it possible that the burden to modify product labels
could be very low.
Under the OMB's regulations (5 CFR 1320.3(b)(2)), the time, effort,
and financial resources necessary to comply with a collection of
information that would be incurred by persons in the ``normal course of
their activities'' are excluded from the burden estimate where the
disclosure activities required to comply are ``usual and customary.''
If warning statements on battery compartments, product packaging, and
instructions/manuals is usual and customary for non-children's products
that contain or are designed to use button cell or coin batteries, then
any burden associated with warning labels would be ``usual and
customary'' and not within the definition of ``burden'' under the OMB's
regulations. We request comments on this potential estimate of no
burden for product labeling, including the preliminary analysis that
the largest possible burden estimate for the proposed standard to
require product labeling is 30,726 hours at a cost of $1,332,586.62
annually.
Labor Cost of Respondent Burden. According to the U.S. Bureau of
Labor Statistics (BLS), Employer Costs for Employee Compensation, the
total compensation cost per hour worked for all private industry
workers was $43.37 (September 2022, https://www.bls.gov/news.release/archives/ecec_12152022.pdf). Based on this analysis, CPSC estimates
that the labor required to respond would impose a cost to industry of
approximately $6,662,933.10 annually (153,630 hours x $43.37 =
$6,662,933.10).
Cost to the Federal Government. The estimated annual cost of the
information collection requirements to the Federal Government is
approximately $4,448, which includes 60 staff hours to examine and
evaluate the information, as needed, for CPSC's compliance activities.
This is based on a GS-12, step 5 level salaried employee. The average
hourly wage rate for a mid-level salaried GS-12 employee in the
Washington, DC metropolitan area (effective as of January 2023) is
$51.15 (GS-12, step 5). This represents 69.0 percent of total
compensation (U.S. Bureau of Labor Statistics, ``Employer Costs for
Employee Compensation,'' September 2022, Table 2., percentage of wages
and salaries for all civilian management, professional, and related
employees: https://www.bls.gov/news.release/archives/ecec_12152022.pdf). Adding an additional 31.0 percent for benefits
brings average annual compensation for a mid-level salaried GS-12
employee to $74.13 per hour. Assuming that approximately 60 hours will
be required annually, this results in an annual cost of $4,448 ($74.13
per hour x 60 hours = $4,447.8).
Comments. CPSC requests that interested parties submit comments
regarding this proposed information collection (see the ADDRESSES
section at the beginning of this notice). Pursuant to 44 U.S.C.
3506(c)(2)(A), the Commission specifically invites comments on:
whether the proposed collection of information is
necessary for the proper performance of CPSC's functions, including
whether the information will have practical utility;
[ssquf] the accuracy of CPSC's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
[ssquf] ways to enhance the quality, utility, and clarity of the
information the Commission proposes to collect;
[ssquf] ways to reduce the burden of the collection of information
on
[[Page 21655]]
respondents, including the use of automated collection techniques when
appropriate, and other forms of information technology;
[ssquf] the estimated burden hours associated with labels and hang
tags, including any alternative estimates; and
[ssquf] the estimated respondent cost other than burden hour cost.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2023-07487 Filed 4-10-23; 8:45 am]
BILLING CODE 6355-01-P
