Electronic Filing of Certificate of Compliance Data: Announcement of Expansion of PGA Message Set Test and Request for Additional Participants, 47922-47926 [2024-12194]
Download as PDF
47922
Federal Register / Vol. 89, No. 108 / Tuesday, June 4, 2024 / Notices
You may submit comments,
identified by the title of the information
collection, OMB Control Number (see
below), and docket number (see above),
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: PRA_Comments@cfpb.gov.
Include Docket No. CFPB–2024–0022 in
the subject line of the email.
• Mail/Hand Delivery/Courier:
Comment Intake, Consumer Financial
Protection Bureau (Attention: PRA
Office), 1700 G Street NW, Washington,
DC 20552. Because paper mail in the
Washington, DC area and at the Bureau
is subject to delay, commenters are
encouraged to submit comments
electronically.
Please note that comments submitted
after the comment period will not be
accepted. In general, all comments
received will become public records,
including any personal information
provided. Sensitive personal
information, such as account numbers
or Social Security numbers, should not
be included.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Anthony May,
PRA Officer, at (202) 435–7278, or
email: CFPB_PRA@cfpb.gov. If you
require this document in an alternative
electronic format, please contact CFPB_
Accessibility@cfpb.gov. Please do not
submit comments to these email boxes.
SUPPLEMENTARY INFORMATION:
Title of Collection: State Official
Notification Rule.
OMB Control Number: 3170–0019.
Type of Review: Extension without
change of an existing information
collection.
Affected Public: State and local
governments.
Estimated Number of Respondents: 3.
Estimated Total Annual Burden Hour:
2.
Abstract: Section 1042 of the DoddFrank Wall Street Reform and Consumer
Protection Act, 12 U.S.C. 5552 (Act),
gave authority to certain State and U.S.
territorial officials to enforce the Act
and regulations prescribed thereunder.
Section 1042 also requires that the CFPB
issue a rule establishing how States are
to provide notice to the Bureau before
taking action to enforce the Act (or, in
emergency situations, immediately after
taking such an action). In accordance
with the requirements of the Act, the
notice should be provided at least 10
days before the filing of an action with
certain exceptions and setting forth a
ddrumheller on DSK120RN23PROD with NOTICES1
ADDRESSES:
VerDate Sep<11>2014
17:15 Jun 03, 2024
Jkt 262001
limited set of information which is to be
provided with the notice.1
Request for Comments: Comments are
invited on: (a) Whether the collection of
information is necessary for the proper
performance of the functions of the
CFPB, including whether the
information will have practical utility;
(b) The accuracy of the CFPB’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’s approval. All
comments will become a matter of
public record.
Anthony May,
Paperwork Reduction Act Officer, Consumer
Financial Protection Bureau.
[FR Doc. 2024–12218 Filed 6–3–24; 8:45 am]
BILLING CODE 4810–AM–P
CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2022–0020]
Electronic Filing of Certificate of
Compliance Data: Announcement of
Expansion of PGA Message Set Test
and Request for Additional
Participants
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
The U.S. Consumer Product
Safety Commission (CPSC), in
consultation with U.S. Customs and
Border Protection (CBP), announce their
joint intent to expand the current
Partner Government Agency (PGA)
Message Set test (Beta Pilot) to include
up to 2,000 additional participants. This
expansion would allow importers of
regulated consumer products to
voluntarily participate in the test by
electronically submitting (eFiling) data
from a certificate of compliance for up
to three additional years, or until an
effective date of a final rule requiring
eFiling. Beta Pilot test participants will
eFile certificate data to the CBPauthorized Electronic Data Interchange
(EDI) system known as the Automated
Commercial Environment (ACE). CPSC
SUMMARY:
also seeks comment on the revised
burden estimates for this expanded
collection of information.
DATES:
Beta Pilot Test: Submit electronic
requests to participate in the expanded
Beta Pilot test at any time after
publication of this notice. CPSC will
allow participation until we reach 2,000
volunteers or until an eFiling
requirement becomes permanent,
whichever comes first. CPSC asks that
each Beta Pilot test participant
electronically file CPSC PGA Message
Set certificate data during the expanded
Beta Pilot test.
Paperwork Reduction Act: Submit
comments on the proposed expanded
collection of information by August 5,
2024 using the methods described
below in the ADDRESSES section of this
preamble.
ADDRESSES:
Beta Pilot Test: Submit requests to
participate in the Beta Pilot test and any
technical comments on CPSC’s
supplemental Customs and Trade
Automated Interface Requirements
(CATAIR) guideline (available on
CPSC.gov 1 and CBP.gov 2) through
email to: efilingpilot@cpsc.gov. Requests
to participate in the Beta Pilot test
should contain the subject heading:
‘‘Beta Pilot: Application to participate in
Expanded PGA Message Set Test.’’
Technical comments on CPSC’s
supplemental CATAIR guideline should
contain the subject heading: ‘‘Beta Pilot
CATAIR Technical Comments.’’
Paperwork Reduction Act: You may
submit comments, identified by Docket
No. CPSC–2022–0020, by any of the
following methods:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at: https://
www.regulations.gov. Follow the
instructions for submitting comments.
CPSC typically does not accept
comments submitted by email, except
through www.regulations.gov. CPSC
encourages you to submit electronic
comments by using the Federal
eRulemaking Portal, as described above.
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; (301) 504–7479. If
you wish to submit confidential
business information, trade secret
information, or other sensitive or
protected information that you do not
1 https://www.cpsc.gov/eFiling-Document-Library.
1 12
PO 00000
CFR 1082.1.
Frm 00031
Fmt 4703
2 https://www.cbp.gov/trade/ace/catair.
Sfmt 4703
E:\FR\FM\04JNN1.SGM
04JNN1
Federal Register / Vol. 89, No. 108 / Tuesday, June 4, 2024 / Notices
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, and insert the
docket number, CPSC–2022–0020, into
the ‘‘Search’’ box, and follow the
prompts. A copy of the ‘‘Supporting
Statement’’ for this burden estimate is
available at: https://
www.regulations.gov under Docket No.
CPSC–2022–0020, Supporting and
Related Material.
FOR FURTHER INFORMATION CONTACT:
Questions regarding the Beta Pilot test,
participation in the test, and the
proposed expanded collection of
information should be directed to
Arthur Laciak, eFiling Program
Specialist, Office of Import
Surveillance, U.S. Consumer Product
Safety Commission, (301) 504–7516,
efilingpilot@cpsc.gov. Questions sent by
email should contain the subject
heading: ‘‘Beta Pilot: Question re
Expanded PGA Message Set Test.’’ For
technical questions regarding ACE or
Automated Broker Interface (ABI)
transmissions, or the PGA message set
data transmission, please contact your
assigned CBP client representative.
Interested parties without an assigned
client representative should submit an
email to Tsutomu Morishita at:
Tsutomu.Morishita@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
burden estimate for the Beta Pilot test.
Pursuant to this notice, the Beta Pilot
test is underway with 38 participants;
CPSC received no comment on the
burden estimates provided. On
September 14, 2022, CPSC published a
second notice in the Federal Register
providing a 30-day public comment
period on the burden estimates for the
Beta Pilot test, as required by the PRA.
87 FR 56407. CPSC received no
comments. Subsequently, the Office of
Management and Budget (OMB)
assigned control number 3041–0193 for
the Beta Pilot test.
In 2023, CPSC and CBP began the
Beta Pilot test, which is ongoing with 38
importer participants, along with their
trade partners, such as brokers and
laboratories. On December 8, 2023,
CPSC published a supplemental notice
of proposed rulemaking (SNPR) to
revise 16 CFR part 1110 to, among other
things, require eFiling of certificate data.
88 FR 85760. In this notice, CPSC and
CBP announce their joint intent to
expand the Beta Pilot test to include up
to an additional 2,000 importer
participants and to extend the Beta Pilot
test for up to three years, or until an
effective date of a final rule
implementing an eFiling requirement.
Accordingly, CPSC is seeking comment
on a revised burden estimate for the
collection of information related to the
expanded Beta Pilot test, as required by
the PRA.
CPSC’s previous Beta Pilot Test
Announcement (87 FR 35513, 35517–
18) discussed CBP and CPSC’s legal
authority to conduct the Beta Pilot test.
Additionally, the Beta Pilot Test
Announcement and the recent SNPR to
revise 16 CFR part 1110 explained
CPSC’s authority to require electronic
filing of certificate data at the time of
entry, or entry summary, if both are
filed together. 87 FR 35513, 35518; 88
FR 85760, 85760–62.
A. Expansion of the Beta Pilot Test 3
The June 10, 2022, Beta Pilot Test
Announcement explained CPSC’s
authority to require eFiling, the Alpha
Pilot,4 and the Beta Pilot test, including
its purpose, structure, and burden. 87
ddrumheller on DSK120RN23PROD with NOTICES1
I. Background
On June 10, 2022, CPSC announced in
the Federal Register (87 FR 35513) a
joint Beta Pilot test with CBP to assess
eFiling certificate data for regulated
consumer products and substances
under CPSC’s jurisdiction using CBP’s
PGA Message Set in ACE (Beta Pilot
Test Announcement). The notice sought
up to 50 Beta Pilot participants and
provided a 60-day comment period for
CPSC’s Paperwork Reduction Act (PRA)
VerDate Sep<11>2014
17:15 Jun 03, 2024
Jkt 262001
3 On May 29, 2024, the Commission voted (5–0)
to publish this notice.
4 The eFiling Alpha Pilot test was a six-month
joint initiative between CPSC and CBP that assessed
the infrastructure and processes necessary for
electronic filing of data, and successfully
demonstrated the ability of eight U.S. importers,
their customs brokers, CBP, and CPSC to work
together to gather and electronically file these data
at import. CPSC staff provided a report on the pilot,
which is available at: https://www.cpsc.gov/s3fspublic/eFiling_Alpha_Pilot_Evaluation_ReportMay_24_2017.pdf?uK.UhjHabKD5yjQ.1w06tu
drnvuuWIra, published April 2017.
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
47923
FR 35513. The Beta Pilot Test
Announcement also described the
Commission’s direction for an eFiling
Program, explaining that on December
18, 2020, the Commission approved
staff’s recommended plan to implement
a permanent eFiling program at CPSC.5
The Beta Pilot test and the December 8,
2023 SNPR (88 FR 85760) are in
furtherance of CPSC’s eFiling Program.
In 2024, CPSC staff expects to submit for
Commission consideration a draft final
rule to require eFiling of certificate data.
In the interim, CPSC and CBP intend to
expand the Beta Pilot test (expanded
Beta Pilot test) to allow importers of
regulated consumer products and
substances to voluntarily participate in
the eFiling program for up to three
years, or until an effective date of a final
rule implementing an eFiling
requirement.
Participation in the expanded Beta
Pilot test will allow importers to assess
and refine capabilities for eFiling
certificate data elements into ACE via a
PGA Message Set. The expanded Beta
Pilot test provides additional members
of the import community more time to
gradually prepare for and begin eFiling
PGA Message Sets. Like the current Beta
Pilot test, the expanded test will involve
eFiling certificate data for regulated
consumer products and substances
under CPSC’s jurisdiction that are
classified under approximately 300
Harmonized Tariff Schedule (HTS)
codes.6 Current participants may
participate in the expanded Beta Pilot
test and should inform CPSC of their
interest in continuing in the Beta Pilot.
The expanded Beta Pilot test will
allow CPSC to further scale up the
information technology (IT), procedural,
and processing requirements of the
Product Registry and the Risk
Assessment Methodology system (RAM)
before the anticipated full
implementation. For example, CPSC
5 The 2020 staff briefing package to implement an
eFiling program at CPSC is available at: https://
cpsc.gov/s3fs-public/CPSC-Plan-to-Create-aneFiling-Program-for-Imported-ConsumerProducts.pdf?BYXOLX2gJmF4N
aAN1LCMmqiXRISuaRkr=. The Record of
Commission Action is available at: https://
www.cpsc.gov/s3fs-public/RCA-CPSC-Plan-toCreate-an-eFiling-Program-for-Imported-ConsumerProducts.pdf.
6 The products classified under the approximately
300 HTS codes that participants should expect to
be tested in the Beta Pilot, include, but are not
limited to: All Terrian Vehicles (ATVs); durable
infant or toddler products, such as baby carriages,
cribs, and safety gates; children’s furniture,
backpacks, and school supplies; bicycle helmets;
bicycles and other electric-powered cycles; clothing
(sleepwear, outerwear, infant articles, potentially
flammable adult clothing articles); drywall;
fireworks; children’s jewelry; lighters; liquid
nicotine; mattresses; pacifiers and rattles; rugs; and
toys.
E:\FR\FM\04JNN1.SGM
04JNN1
47924
Federal Register / Vol. 89, No. 108 / Tuesday, June 4, 2024 / Notices
will scale up IT systems to accept data
for regulated consumer products from
more importers; refine the required
infrastructure for the real-time
collection and use of data; and continue
development of internal and external
procedures to supply, use, and maintain
certificate data. Expanding the Beta
Pilot test will enable CPSC to continue
developing RAM algorithms to triage
import data received from CBP to detect
more effectively noncompliant
consumer products arriving at ports of
entry.
To accommodate expansion of the
Beta Pilot test, this notice seeks up to
2,000 additional participants and
revises CPSC’s PRA analysis to
accommodate these additional
participants by revising the estimated
annual burden to participants.
ddrumheller on DSK120RN23PROD with NOTICES1
B. Use of the Automated Commercial
Environment
CPSC is conducting the expanded
Beta Pilot test in coordination with CBP
and using the ACE system through
which CBP collects importation and
entry data, thus streamlining business
processes and ensuring cargo security
and compliance with U.S. laws and
regulations. CBP developed ACE as the
‘‘single window’’ for the trade
community to comply with the
International Trade Data System (ITDS)
requirement established by the Security
and Accountability for Every (SAFE)
Port Act of 2006. Trade filers must
submit data to ACE using an EDI
system, such as the Automated Broker
Interface (ABI). Commercial trade
participants, or the licensed customs
brokers acting on their behalf, can
electronically file entry data in ACE
using ABI. A PGA Message Set allows
the trade to enter agency-specific data
along with entry data, through ABI, and
for PGAs, such as CPSC, to receive this
additional trade-related data.
II. Beta Pilot Test: Certificate Data
The expanded Beta Pilot test will
follow the same structure as the existing
Beta Pilot test, with two different
methods of filing certificate data using
the PGA Message Set: (1) filing a
minimum of seven data elements (Full
PGA Message Set), or (2) filing only a
reference to certificate data stored in a
Product Registry maintained by CPSC
(Reference PGA Message Set).
Participants submit certificate data for
regulated finished products, either as
the Full PGA Message Set or the
Reference PGA Message Set, in ACE at
the time of entry filing or entry
summary filing if both entry and entry
summary are filed together. CBP then
makes available to CPSC the PGA
VerDate Sep<11>2014
17:15 Jun 03, 2024
Jkt 262001
Message Set data and its corresponding
entry data, for CPSC’s validation, risk
assessment, and admissibility
determinations at entry, thereby
facilitating compliant trade as well as
sharpening CPSC focus on
noncompliant trade. CPSC uses eFiled
certificate data to review consumer
product entry requirements and allow
for earlier risk-based admissibility
decisions to be made by CPSC staff.
Additionally, because it is electronic,
the PGA Message Set will eliminate or
substantially reduce the necessity for
submission and subsequent handling of
paper documents. Section II of the 2022
Beta Pilot Test Announcement details
the expected PGA Message Set data
from a certificate of compliance as well
as the methods for filing such data. 87
FR 35513, 35516–17.
CPSC’s supplemental CATAIR
guideline on filing certificate data
through the PGA Message Set describes
the technical specifications for filing
during the expanded Beta Pilot test, as
well as the Product Registry and
Reference PGA Message Set.7 Technical
comments on CPSC’s supplemental
CATAIR guideline should be submitted
in accordance with the instructions in
the ADDRESSES section at the beginning
of this notice.
III. Beta Pilot Test Participant
Eligibility, Selection Criteria, and
Responsibilities
This document announces CPSC’s
plan, in consultation with CBP, to
expand the number of Beta Pilot test
participants from 50 up to 2,000
importers, and to extend the Beta Pilot
test period from six months to up to
three years, or until an effective date of
a final rule implementing an eFiling
requirement. Accordingly, CPSC and
CBP seek additional Beta Pilot test
participants. U.S.-based importers with
an assortment of CPSC-regulated
products may participate in the Beta
Pilot test. To be eligible to apply as a
test participant, the applicant must:
• Import regulated consumer
products within the Commission’s
jurisdiction;
• File consumption entries and entry
summaries in ACE, or have a broker
who files in ACE;
• Use a software program that has
completed ACE certification testing for
the PGA Message Set; and
• Work with CPSC and CBP to test
electronic filing of data using ABI to file
through the Message Set, or references
to certificate data in the Product
Registry.
7 For links to CPSC’s CATAIR, see supra, fns 1
and 2.
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
CPSC anticipates that the benefits of
participation in the Beta Pilot test may
include, but will not necessarily be
limited to:
• Opportunity to work directly with
CBP and CPSC in the preimplementation stage of the requirement
to file certificate data; and
• Ability to trouble-shoot systems and
procedures.
IV. Application Process and Test
Duration
Any importer seeking to participate in
the test should email their company
name, contact information, importer of
record number(s), filer code(s), and an
explanation of how they satisfy the
requirements for participation to the
address listed at the beginning of this
notice. CPSC will consider applications
to participate for three years, until
reaching the expanded Beta Pilot test
capacity of 2,000 participants, or until
the effective date of a final rule,
whichever comes first. CPSC will notify
expanded Beta Pilot test applicants of
approval to participate by email and
will work with importers to onboard
into the Pilot on a first come, first
served basis. Depending on the level of
interest, CPSC may restrict on-boarding
of new participants, at least in the
beginning of the expanded Beta Pilot
test, to accommodate all participants
successfully and smoothly.
V. Paperwork Reduction Act
The Beta Pilot test contains
information collection requirements that
are subject to public comment and
review by OMB under the PRA of 1995
(44 U.S.C. 3501–3521). CPSC previously
received an OMB control number for the
existing Beta Pilot test: 3041–0193.
CPSC now seeks to expand the number
of participants in this test up to 2,000
and extend the test duration for up to
three additional years (2027), or until an
effective date of a final rule
implementing an eFiling requirement.
In this document, pursuant to 44 U.S.C.
3507(a)(1)(D), we set forth:
• a title for the collection of
information;
• a summary of the collection of
information;
• a brief description of the need for
the information and the proposed use of
the information;
• a description of the likely
respondents and proposed frequency of
responses to the collection of
information;
• an estimate of the burden that shall
result from the collection of
information; and
• notice that comments may be
submitted to the OMB.
E:\FR\FM\04JNN1.SGM
04JNN1
47925
Federal Register / Vol. 89, No. 108 / Tuesday, June 4, 2024 / Notices
Title: Beta Pilot Test for eFiling
Certificates of Compliance.
Description: During the Beta Pilot test
of CBP’s PGA Message Set abilities
through ACE, up to 2,000 participating
importers of regulated consumer
products will electronically file the
requested certificate data, comprised of
seven data elements, at the time of entry
filing, or entry summary filing, if both
entry and entry summary are filed
together. Participants will have two
ways to file certificate data during the
Beta Pilot test: (1) filing certificate data
in a CPSC-maintained Product Registry,
and filing a reference number in ACE to
this data set, through ABI, each time the
product is imported thereafter
(Reference PGA Message Set), or (2)
filing all certificate data elements
directly through ABI each time the
product is imported (Full PGA Message
Set). CPSC will receive the information
from CBP through a real-time transfer of
import data, and the agency will risk
score the information in CPSC’s RAM
system to assist in the interdiction of
noncompliant consumer products.
As set forth in section V.B of the Beta
Pilot Test Announcement (87 FR 35513,
35517–18), the requirement to create
and maintain certificates, including the
data elements, is set forth in section 14
of the Consumer Product Safety Act
(CPSA). Section 14(a) of the CPSA
requires manufacturers (including
importers) and private labelers of
certain regulated consumer products
manufactured outside the United States
to test and issue a certificate certifying
such products as compliant with
applicable laws and regulations before
importation. 15 U.S.C. 2063(a). Section
14(g)(1) of the CPSA describes the data
required on a certificate. Section
14(g)(3) requires a certificate to
accompany the applicable product or
shipment of products covered by the
certificate, and that certifiers must
furnish the certificate to each distributor
or retailer of the product. Upon request,
certificates must also be furnished to
CPSC and CBP. Section 14(g)(4)
provides that ‘‘[i]n consultation with the
Commissioner of Customs, the
Commission may, by rule, provide for
the electronic filing of certificates under
this section up to 24 hours before arrival
of an imported product.’’ 15 U.S.C.
2063(g)(4). The Commission issued an
SNPR to require eFiling on December 8,
2023. 88 FR 85760.
Because certificates are required by
statute, this analysis focuses on the
burden for CPSC to accept, and
importers to provide, certificate data
elements electronically at the time of
entry filing, and not to collect and
maintain certificate data more generally.
Importer requirements in the Beta Pilot
test for providing certificate data
electronically at the time of entry filing
fall within the definition of ‘‘collection
of information,’’ as defined in 44 U.S.C.
3502(3).
Description of Respondents: Up to
2,000 importer participants who import
regulated consumer products within
CPSC’s jurisdiction.
Estimated Burden: We estimate the
burden of this collection of information
as follows:
CPSC used information provided by
Alpha Pilot test participants to inform
the estimated burden for the Beta Pilot
test. Like the existing Beta Pilot test, the
burden from participating in the
expanded Beta Pilot test can be broken
down into the burden of preparing for
participation in the Pilot, the burden of
maintaining the data elements
separately, and as compared to the
Alpha Pilot test, the additional burden
of including the dates of manufacturing
and lab testing. Based on feedback from
the Alpha Pilot test participants, for the
current Beta Pilot test, we assumed that
many more participants (90%) would
opt to exclusively use the Product
Registry and Reference PGA Message
Set, while only 10% would opt to
exclusively use the Full PGA Message
Set. Table 3 of the 2022 Beta Pilot Test
Announcement provides the total
annual burden estimate for the current
Beta Pilot, estimating 9,217 annual
burden hours from all participants, with
an estimated annual cost (combined for
all participants) of $404,764 (in 2021
dollars). 87 FR 35513, 35520. When
adjusted for inflation, the total
estimated annual cost to current Beta
Pilot test participants in 2023 is $
$442,002.
CPSC estimates that the expanded
Beta Pilot test will have similar burden
per response and cost per response as
the participants in the current Beta Pilot
test, with the exception of burden from
survey responses, which will not be
required of the expanded Beta Pilot test
participants.8 Accordingly, CPSC
estimates that if an additional 2,000
importers participate, 1,800 participants
will use the Product Registry and
Reference PGA Message Set, while 200
participants will use the Full PGA
Message Set.
Tables 1–3 contain burden estimates
for the expanded Beta Pilot test, which
are in addition to the burden estimates
provided in the 2022 Beta Pilot Test
Announcement for up to 50
participants. Table 1 shows an
estimated 1,800 additional participants
will use the Reference PGA Message Set
and bear an annual burden of 265,000
hours, with an estimated total annual
cost for all participants of $13,593,303.9
ddrumheller on DSK120RN23PROD with NOTICES1
TABLE 1—EXPANDED BETA PILOT TEST BURDEN ESTIMATES PRODUCT REGISTRY AND REFERENCE PGA MESSAGE SET
Type of respondent
Number of
respondents
Number of
responses per
respondent
Number of
responses
Average
burden per
response
(in hours)
Total annual
burden
(in hours)
Average
cost per
response
Total annual
respondent
cost *
Product Registry Only
A
B
C (= A × B)
D
E (= C × D)
F
G (= C × F)
Pilot Participation .........
Gathering and Submitting Data Elements ...
Filing Entry-Line ...........
1,800
1
1,800
91
163,800
$5,382.47
$9,688,442
1,800
1,800
1
10,000
1,800
18,000,000
27
0.003
47,800
54,000
1,033.25
0.1136
1,859,851
2,045,010
Total ......................
........................
........................
18,003,600
........................
265,600
........................
13,593,303
* Note: Due to rounding the products and summations may be slightly off.
8 The Supporting Statement for this burden
estimate, placed on Regulations.gov under CPSC
Docket No. CPSC–2022–0020 contains the estimates
for the existing Beta Pilot test and the expanded
Beta Pilot test.
VerDate Sep<11>2014
17:15 Jun 03, 2024
Jkt 262001
9 The previous estimate for burden cost came
from wage data for survey and filing entry-line data
comes from the U.S. Bureau of Labor Statistics,
‘‘Employer Costs for Employee Compensation,’’
September 2021, Table 4, total compensation for all
sales and office workers in goods-producing private
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
industries: https://www.bls.gov/ncs/. For the
expanded Beta Pilot test, the costs per response
applied to participants are updated to 2023 dollars
using the BLS ‘‘Employment Cost Index’’ (url:
https://www.bls.gov/eci/tables.htm).
E:\FR\FM\04JNN1.SGM
04JNN1
47926
Federal Register / Vol. 89, No. 108 / Tuesday, June 4, 2024 / Notices
Table 2 shows an estimated 200
additional participants will use the Full
PGA Message Set and bear an annual
burden of 17,600 hours, and an
estimated total annual cost for all
participants of $943,532.
TABLE 2—EXPANDED BETA PILOT TEST BURDEN ESTIMATES PRODUCT REGISTRY AND FULL PGA MESSAGE SET
Type of respondent
Number of
respondents
Number of
responses per
respondent
Number of
responses
Average
burden per
response
(in hours)
Total annual
burden
(in hours)
Average
cost per
response
Total annual
respondent
cost *
Full PGA message set
only
A
B
C (= A × B)
D
E (= C × D)
F
G (= C × F)
Pilot Participation .........
Gathering and Submitting Data Elements ...
Filing Entry-Line ...........
200
1
200
30
6,000
$2,451.54
$490,308
200
200
1
1,500
200
300,000
13
0.030
2,600
9,000
561.94
1.1361
112,388
340,835
Total ......................
........................
........................
300,400
........................
17,600
........................
943,532
* Note: Due to rounding the products and summations may be slightly off.
Table 3 provides the estimated total
burden for expanding the Beta Pilot test
of 283,000 burden hours for the 2,000
new participants, and an estimated total
annual cost for all participants of
$14,536,835.
TABLE 3—EXPANDED BETA PILOT TEST BURDEN ESTIMATES PRODUCT REGISTRY AND FULL PGA MESSAGE SET
Type of respondent
Number of
respondents
Number of
responses per
respondent
Number of
responses
Average
burden per
response
(in hours)
Total annual
burden
(in hours)
Average cost
per response
Total annual
respondent
cost *
Total burden
A
B
C (= A × B)
D
E (= C × D)
F
G (= C × F)
Pilot Participation .........
Gathering and Submitting Data Elements ...
Filing Entry-Line ...........
2,000
1
2,000
85
169,800
$5,089.38
$10,178,750
2,000
2,000
1
9,150
2,000
18,300,000
25
0.003
50,400
63,000
986.12
0.1304
1,972,239
2,385,845
Total ......................
........................
........................
18,304,000
........................
283,200
........................
14,536,835
ddrumheller on DSK120RN23PROD with NOTICES1
* Note: Due to rounding the products and summations may be slightly off.
In compliance with the PRA of 1995
(44 U.S.C. 3507(d)), CPSC will submit
the additional expanded Beta Pilot test
information collection revision to the
OMB for review. Pursuant to 44 U.S.C.
3506(c)(2)(A), we request comment on
this burden estimate and the analysis,
including:
• whether the collection of
information is necessary for the proper
performance of the CPSC’s functions,
including whether the information will
have practical utility;
• the accuracy of the CPSC’s estimate
of the burden of the proposed collection
of information, including the validity of
the methodology and assumptions used;
• ways to enhance the quality, utility,
and clarity of the information to be
collected; and
• ways to reduce the burden of the
collection of information on
respondents, including the use of
automated collection techniques, when
appropriate, and other forms of
information technology.
VI. Confidentiality
All data submitted and entered into
ACE is subject to the Trade Secrets Act
VerDate Sep<11>2014
18:58 Jun 03, 2024
Jkt 262001
(18 U.S.C. 1905) and is considered
confidential, except to the extent as
otherwise provided by law. As stated in
previous notices, participation in this or
any of the previous ACE tests is not
confidential and upon a written
Freedom of Information Act (FOIA)
request, a name(s) of an approved
participant(s) will be disclosed by CPSC
or CBP in accordance with 5 U.S.C. 552.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2024–12194 Filed 6–3–24; 8:45 am]
BILLING CODE 6355–01–P
Department of the Air Force
Notice of Intent To Prepare an
Environmental Impact Statement for T–
7A Recapitalization at Vance Air Force
Base, Oklahoma
Department of the Air Force,
Department of Defense.
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
Notice of Intent.
The Department of the Air
Force (DAF) is issuing this Notice of
Intent (NOI) to prepare an
Environmental Impact Statement (EIS)
to assess the potential social, economic,
and environmental impacts associated
with T–7A Recapitalization at Vance Air
Force Base (AFB), Oklahoma. The EIS
will analyze the potential impacts from
introduction of T–7A aircraft and flight
operations at Vance AFB and associated
airspace; changes to the number of
personnel and dependents in the Vance
AFB region; and construction and
upgrade of operations, support, and
maintenance facilities.
SUMMARY:
A public scoping period of 30
days will take place starting from the
date of publication of this NOI in the
Federal Register. Comments will be
accepted at any time during the
environmental impact analysis process;
however, to ensure DAF has sufficient
time to consider public scoping
comments during preparation of the
Draft EIS, please submit comments
within the 30-day scoping period. The
DATES:
DEPARTMENT OF DEFENSE
AGENCY:
ACTION:
E:\FR\FM\04JNN1.SGM
04JNN1
Agencies
[Federal Register Volume 89, Number 108 (Tuesday, June 4, 2024)]
[Notices]
[Pages 47922-47926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12194]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2022-0020]
Electronic Filing of Certificate of Compliance Data: Announcement
of Expansion of PGA Message Set Test and Request for Additional
Participants
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The U.S. Consumer Product Safety Commission (CPSC), in
consultation with U.S. Customs and Border Protection (CBP), announce
their joint intent to expand the current Partner Government Agency
(PGA) Message Set test (Beta Pilot) to include up to 2,000 additional
participants. This expansion would allow importers of regulated
consumer products to voluntarily participate in the test by
electronically submitting (eFiling) data from a certificate of
compliance for up to three additional years, or until an effective date
of a final rule requiring eFiling. Beta Pilot test participants will
eFile certificate data to the CBP-authorized Electronic Data
Interchange (EDI) system known as the Automated Commercial Environment
(ACE). CPSC also seeks comment on the revised burden estimates for this
expanded collection of information.
DATES:
Beta Pilot Test: Submit electronic requests to participate in the
expanded Beta Pilot test at any time after publication of this notice.
CPSC will allow participation until we reach 2,000 volunteers or until
an eFiling requirement becomes permanent, whichever comes first. CPSC
asks that each Beta Pilot test participant electronically file CPSC PGA
Message Set certificate data during the expanded Beta Pilot test.
Paperwork Reduction Act: Submit comments on the proposed expanded
collection of information by August 5, 2024 using the methods described
below in the ADDRESSES section of this preamble.
ADDRESSES:
Beta Pilot Test: Submit requests to participate in the Beta Pilot
test and any technical comments on CPSC's supplemental Customs and
Trade Automated Interface Requirements (CATAIR) guideline (available on
CPSC.gov \1\ and CBP.gov \2\) through email to: [email protected].
Requests to participate in the Beta Pilot test should contain the
subject heading: ``Beta Pilot: Application to participate in Expanded
PGA Message Set Test.'' Technical comments on CPSC's supplemental
CATAIR guideline should contain the subject heading: ``Beta Pilot
CATAIR Technical Comments.''
---------------------------------------------------------------------------
\1\ https://www.cpsc.gov/eFiling-Document-Library.
\2\ https://www.cbp.gov/trade/ace/catair.
---------------------------------------------------------------------------
Paperwork Reduction Act: You may submit comments, identified by
Docket No. CPSC-2022-0020, by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: https://www.regulations.gov. Follow the
instructions for submitting comments. CPSC typically does not accept
comments submitted by email, except through www.regulations.gov. CPSC
encourages you to submit electronic comments by using the Federal
eRulemaking Portal, as described above.
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; (301) 504-7479. If you wish to submit confidential
business information, trade secret information, or other sensitive or
protected information that you do not
[[Page 47923]]
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, and insert the
docket number, CPSC-2022-0020, into the ``Search'' box, and follow the
prompts. A copy of the ``Supporting Statement'' for this burden
estimate is available at: https://www.regulations.gov under Docket No.
CPSC-2022-0020, Supporting and Related Material.
FOR FURTHER INFORMATION CONTACT: Questions regarding the Beta Pilot
test, participation in the test, and the proposed expanded collection
of information should be directed to Arthur Laciak, eFiling Program
Specialist, Office of Import Surveillance, U.S. Consumer Product Safety
Commission, (301) 504-7516, [email protected]. Questions sent by
email should contain the subject heading: ``Beta Pilot: Question re
Expanded PGA Message Set Test.'' For technical questions regarding ACE
or Automated Broker Interface (ABI) transmissions, or the PGA message
set data transmission, please contact your assigned CBP client
representative. Interested parties without an assigned client
representative should submit an email to Tsutomu Morishita at:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On June 10, 2022, CPSC announced in the Federal Register (87 FR
35513) a joint Beta Pilot test with CBP to assess eFiling certificate
data for regulated consumer products and substances under CPSC's
jurisdiction using CBP's PGA Message Set in ACE (Beta Pilot Test
Announcement). The notice sought up to 50 Beta Pilot participants and
provided a 60-day comment period for CPSC's Paperwork Reduction Act
(PRA) burden estimate for the Beta Pilot test. Pursuant to this notice,
the Beta Pilot test is underway with 38 participants; CPSC received no
comment on the burden estimates provided. On September 14, 2022, CPSC
published a second notice in the Federal Register providing a 30-day
public comment period on the burden estimates for the Beta Pilot test,
as required by the PRA. 87 FR 56407. CPSC received no comments.
Subsequently, the Office of Management and Budget (OMB) assigned
control number 3041-0193 for the Beta Pilot test.
In 2023, CPSC and CBP began the Beta Pilot test, which is ongoing
with 38 importer participants, along with their trade partners, such as
brokers and laboratories. On December 8, 2023, CPSC published a
supplemental notice of proposed rulemaking (SNPR) to revise 16 CFR part
1110 to, among other things, require eFiling of certificate data. 88 FR
85760. In this notice, CPSC and CBP announce their joint intent to
expand the Beta Pilot test to include up to an additional 2,000
importer participants and to extend the Beta Pilot test for up to three
years, or until an effective date of a final rule implementing an
eFiling requirement. Accordingly, CPSC is seeking comment on a revised
burden estimate for the collection of information related to the
expanded Beta Pilot test, as required by the PRA.
CPSC's previous Beta Pilot Test Announcement (87 FR 35513, 35517-
18) discussed CBP and CPSC's legal authority to conduct the Beta Pilot
test. Additionally, the Beta Pilot Test Announcement and the recent
SNPR to revise 16 CFR part 1110 explained CPSC's authority to require
electronic filing of certificate data at the time of entry, or entry
summary, if both are filed together. 87 FR 35513, 35518; 88 FR 85760,
85760-62.
A. Expansion of the Beta Pilot Test 3
---------------------------------------------------------------------------
\3\ On May 29, 2024, the Commission voted (5-0) to publish this
notice.
---------------------------------------------------------------------------
The June 10, 2022, Beta Pilot Test Announcement explained CPSC's
authority to require eFiling, the Alpha Pilot,\4\ and the Beta Pilot
test, including its purpose, structure, and burden. 87 FR 35513. The
Beta Pilot Test Announcement also described the Commission's direction
for an eFiling Program, explaining that on December 18, 2020, the
Commission approved staff's recommended plan to implement a permanent
eFiling program at CPSC.\5\ The Beta Pilot test and the December 8,
2023 SNPR (88 FR 85760) are in furtherance of CPSC's eFiling Program.
In 2024, CPSC staff expects to submit for Commission consideration a
draft final rule to require eFiling of certificate data. In the
interim, CPSC and CBP intend to expand the Beta Pilot test (expanded
Beta Pilot test) to allow importers of regulated consumer products and
substances to voluntarily participate in the eFiling program for up to
three years, or until an effective date of a final rule implementing an
eFiling requirement.
---------------------------------------------------------------------------
\4\ The eFiling Alpha Pilot test was a six-month joint
initiative between CPSC and CBP that assessed the infrastructure and
processes necessary for electronic filing of data, and successfully
demonstrated the ability of eight U.S. importers, their customs
brokers, CBP, and CPSC to work together to gather and electronically
file these data at import. CPSC staff provided a report on the
pilot, which is available at: https://www.cpsc.gov/s3fs-public/eFiling_Alpha_Pilot_Evaluation_Report-May_24_2017.pdf?uK.UhjHabKD5yjQ.1w06tudrnvuuWIra, published April
2017.
\5\ The 2020 staff briefing package to implement an eFiling
program at CPSC is available at: https://cpsc.gov/s3fs-public/CPSC-Plan-to-Create-an-eFiling-Program-for-Imported-Consumer-Products.pdf?BYXOLX2gJmF4NaAN1LCMmqiXRISuaRkr=. The Record of
Commission Action is available at: https://www.cpsc.gov/s3fs-public/RCA-CPSC-Plan-to-Create-an-eFiling-Program-for-Imported-Consumer-Products.pdf.
---------------------------------------------------------------------------
Participation in the expanded Beta Pilot test will allow importers
to assess and refine capabilities for eFiling certificate data elements
into ACE via a PGA Message Set. The expanded Beta Pilot test provides
additional members of the import community more time to gradually
prepare for and begin eFiling PGA Message Sets. Like the current Beta
Pilot test, the expanded test will involve eFiling certificate data for
regulated consumer products and substances under CPSC's jurisdiction
that are classified under approximately 300 Harmonized Tariff Schedule
(HTS) codes.\6\ Current participants may participate in the expanded
Beta Pilot test and should inform CPSC of their interest in continuing
in the Beta Pilot.
---------------------------------------------------------------------------
\6\ The products classified under the approximately 300 HTS
codes that participants should expect to be tested in the Beta
Pilot, include, but are not limited to: All Terrian Vehicles (ATVs);
durable infant or toddler products, such as baby carriages, cribs,
and safety gates; children's furniture, backpacks, and school
supplies; bicycle helmets; bicycles and other electric-powered
cycles; clothing (sleepwear, outerwear, infant articles, potentially
flammable adult clothing articles); drywall; fireworks; children's
jewelry; lighters; liquid nicotine; mattresses; pacifiers and
rattles; rugs; and toys.
---------------------------------------------------------------------------
The expanded Beta Pilot test will allow CPSC to further scale up
the information technology (IT), procedural, and processing
requirements of the Product Registry and the Risk Assessment
Methodology system (RAM) before the anticipated full implementation.
For example, CPSC
[[Page 47924]]
will scale up IT systems to accept data for regulated consumer products
from more importers; refine the required infrastructure for the real-
time collection and use of data; and continue development of internal
and external procedures to supply, use, and maintain certificate data.
Expanding the Beta Pilot test will enable CPSC to continue developing
RAM algorithms to triage import data received from CBP to detect more
effectively noncompliant consumer products arriving at ports of entry.
To accommodate expansion of the Beta Pilot test, this notice seeks
up to 2,000 additional participants and revises CPSC's PRA analysis to
accommodate these additional participants by revising the estimated
annual burden to participants.
B. Use of the Automated Commercial Environment
CPSC is conducting the expanded Beta Pilot test in coordination
with CBP and using the ACE system through which CBP collects
importation and entry data, thus streamlining business processes and
ensuring cargo security and compliance with U.S. laws and regulations.
CBP developed ACE as the ``single window'' for the trade community to
comply with the International Trade Data System (ITDS) requirement
established by the Security and Accountability for Every (SAFE) Port
Act of 2006. Trade filers must submit data to ACE using an EDI system,
such as the Automated Broker Interface (ABI). Commercial trade
participants, or the licensed customs brokers acting on their behalf,
can electronically file entry data in ACE using ABI. A PGA Message Set
allows the trade to enter agency-specific data along with entry data,
through ABI, and for PGAs, such as CPSC, to receive this additional
trade-related data.
II. Beta Pilot Test: Certificate Data
The expanded Beta Pilot test will follow the same structure as the
existing Beta Pilot test, with two different methods of filing
certificate data using the PGA Message Set: (1) filing a minimum of
seven data elements (Full PGA Message Set), or (2) filing only a
reference to certificate data stored in a Product Registry maintained
by CPSC (Reference PGA Message Set). Participants submit certificate
data for regulated finished products, either as the Full PGA Message
Set or the Reference PGA Message Set, in ACE at the time of entry
filing or entry summary filing if both entry and entry summary are
filed together. CBP then makes available to CPSC the PGA Message Set
data and its corresponding entry data, for CPSC's validation, risk
assessment, and admissibility determinations at entry, thereby
facilitating compliant trade as well as sharpening CPSC focus on
noncompliant trade. CPSC uses eFiled certificate data to review
consumer product entry requirements and allow for earlier risk-based
admissibility decisions to be made by CPSC staff. Additionally, because
it is electronic, the PGA Message Set will eliminate or substantially
reduce the necessity for submission and subsequent handling of paper
documents. Section II of the 2022 Beta Pilot Test Announcement details
the expected PGA Message Set data from a certificate of compliance as
well as the methods for filing such data. 87 FR 35513, 35516-17.
CPSC's supplemental CATAIR guideline on filing certificate data
through the PGA Message Set describes the technical specifications for
filing during the expanded Beta Pilot test, as well as the Product
Registry and Reference PGA Message Set.\7\ Technical comments on CPSC's
supplemental CATAIR guideline should be submitted in accordance with
the instructions in the ADDRESSES section at the beginning of this
notice.
---------------------------------------------------------------------------
\7\ For links to CPSC's CATAIR, see supra, fns 1 and 2.
---------------------------------------------------------------------------
III. Beta Pilot Test Participant Eligibility, Selection Criteria, and
Responsibilities
This document announces CPSC's plan, in consultation with CBP, to
expand the number of Beta Pilot test participants from 50 up to 2,000
importers, and to extend the Beta Pilot test period from six months to
up to three years, or until an effective date of a final rule
implementing an eFiling requirement. Accordingly, CPSC and CBP seek
additional Beta Pilot test participants. U.S.-based importers with an
assortment of CPSC-regulated products may participate in the Beta Pilot
test. To be eligible to apply as a test participant, the applicant
must:
Import regulated consumer products within the Commission's
jurisdiction;
File consumption entries and entry summaries in ACE, or
have a broker who files in ACE;
Use a software program that has completed ACE
certification testing for the PGA Message Set; and
Work with CPSC and CBP to test electronic filing of data
using ABI to file through the Message Set, or references to certificate
data in the Product Registry.
CPSC anticipates that the benefits of participation in the Beta
Pilot test may include, but will not necessarily be limited to:
Opportunity to work directly with CBP and CPSC in the pre-
implementation stage of the requirement to file certificate data; and
Ability to trouble-shoot systems and procedures.
IV. Application Process and Test Duration
Any importer seeking to participate in the test should email their
company name, contact information, importer of record number(s), filer
code(s), and an explanation of how they satisfy the requirements for
participation to the address listed at the beginning of this notice.
CPSC will consider applications to participate for three years, until
reaching the expanded Beta Pilot test capacity of 2,000 participants,
or until the effective date of a final rule, whichever comes first.
CPSC will notify expanded Beta Pilot test applicants of approval to
participate by email and will work with importers to onboard into the
Pilot on a first come, first served basis. Depending on the level of
interest, CPSC may restrict on-boarding of new participants, at least
in the beginning of the expanded Beta Pilot test, to accommodate all
participants successfully and smoothly.
V. Paperwork Reduction Act
The Beta Pilot test contains information collection requirements
that are subject to public comment and review by OMB under the PRA of
1995 (44 U.S.C. 3501-3521). CPSC previously received an OMB control
number for the existing Beta Pilot test: 3041-0193. CPSC now seeks to
expand the number of participants in this test up to 2,000 and extend
the test duration for up to three additional years (2027), or until an
effective date of a final rule implementing an eFiling requirement. In
this document, pursuant to 44 U.S.C. 3507(a)(1)(D), we set forth:
a title for the collection of information;
a summary of the collection of information;
a brief description of the need for the information and
the proposed use of the information;
a description of the likely respondents and proposed
frequency of responses to the collection of information;
an estimate of the burden that shall result from the
collection of information; and
notice that comments may be submitted to the OMB.
[[Page 47925]]
Title: Beta Pilot Test for eFiling Certificates of Compliance.
Description: During the Beta Pilot test of CBP's PGA Message Set
abilities through ACE, up to 2,000 participating importers of regulated
consumer products will electronically file the requested certificate
data, comprised of seven data elements, at the time of entry filing, or
entry summary filing, if both entry and entry summary are filed
together. Participants will have two ways to file certificate data
during the Beta Pilot test: (1) filing certificate data in a CPSC-
maintained Product Registry, and filing a reference number in ACE to
this data set, through ABI, each time the product is imported
thereafter (Reference PGA Message Set), or (2) filing all certificate
data elements directly through ABI each time the product is imported
(Full PGA Message Set). CPSC will receive the information from CBP
through a real-time transfer of import data, and the agency will risk
score the information in CPSC's RAM system to assist in the
interdiction of noncompliant consumer products.
As set forth in section V.B of the Beta Pilot Test Announcement (87
FR 35513, 35517-18), the requirement to create and maintain
certificates, including the data elements, is set forth in section 14
of the Consumer Product Safety Act (CPSA). Section 14(a) of the CPSA
requires manufacturers (including importers) and private labelers of
certain regulated consumer products manufactured outside the United
States to test and issue a certificate certifying such products as
compliant with applicable laws and regulations before importation. 15
U.S.C. 2063(a). Section 14(g)(1) of the CPSA describes the data
required on a certificate. Section 14(g)(3) requires a certificate to
accompany the applicable product or shipment of products covered by the
certificate, and that certifiers must furnish the certificate to each
distributor or retailer of the product. Upon request, certificates must
also be furnished to CPSC and CBP. Section 14(g)(4) provides that
``[i]n consultation with the Commissioner of Customs, the Commission
may, by rule, provide for the electronic filing of certificates under
this section up to 24 hours before arrival of an imported product.'' 15
U.S.C. 2063(g)(4). The Commission issued an SNPR to require eFiling on
December 8, 2023. 88 FR 85760.
Because certificates are required by statute, this analysis focuses
on the burden for CPSC to accept, and importers to provide, certificate
data elements electronically at the time of entry filing, and not to
collect and maintain certificate data more generally. Importer
requirements in the Beta Pilot test for providing certificate data
electronically at the time of entry filing fall within the definition
of ``collection of information,'' as defined in 44 U.S.C. 3502(3).
Description of Respondents: Up to 2,000 importer participants who
import regulated consumer products within CPSC's jurisdiction.
Estimated Burden: We estimate the burden of this collection of
information as follows:
CPSC used information provided by Alpha Pilot test participants to
inform the estimated burden for the Beta Pilot test. Like the existing
Beta Pilot test, the burden from participating in the expanded Beta
Pilot test can be broken down into the burden of preparing for
participation in the Pilot, the burden of maintaining the data elements
separately, and as compared to the Alpha Pilot test, the additional
burden of including the dates of manufacturing and lab testing. Based
on feedback from the Alpha Pilot test participants, for the current
Beta Pilot test, we assumed that many more participants (90%) would opt
to exclusively use the Product Registry and Reference PGA Message Set,
while only 10% would opt to exclusively use the Full PGA Message Set.
Table 3 of the 2022 Beta Pilot Test Announcement provides the total
annual burden estimate for the current Beta Pilot, estimating 9,217
annual burden hours from all participants, with an estimated annual
cost (combined for all participants) of $404,764 (in 2021 dollars). 87
FR 35513, 35520. When adjusted for inflation, the total estimated
annual cost to current Beta Pilot test participants in 2023 is $
$442,002.
CPSC estimates that the expanded Beta Pilot test will have similar
burden per response and cost per response as the participants in the
current Beta Pilot test, with the exception of burden from survey
responses, which will not be required of the expanded Beta Pilot test
participants.\8\ Accordingly, CPSC estimates that if an additional
2,000 importers participate, 1,800 participants will use the Product
Registry and Reference PGA Message Set, while 200 participants will use
the Full PGA Message Set.
---------------------------------------------------------------------------
\8\ The Supporting Statement for this burden estimate, placed on
Regulations.gov under CPSC Docket No. CPSC-2022-0020 contains the
estimates for the existing Beta Pilot test and the expanded Beta
Pilot test.
---------------------------------------------------------------------------
Tables 1-3 contain burden estimates for the expanded Beta Pilot
test, which are in addition to the burden estimates provided in the
2022 Beta Pilot Test Announcement for up to 50 participants. Table 1
shows an estimated 1,800 additional participants will use the Reference
PGA Message Set and bear an annual burden of 265,000 hours, with an
estimated total annual cost for all participants of $13,593,303.\9\
---------------------------------------------------------------------------
\9\ The previous estimate for burden cost came from wage data
for survey and filing entry-line data comes from the U.S. Bureau of
Labor Statistics, ``Employer Costs for Employee Compensation,''
September 2021, Table 4, total compensation for all sales and office
workers in goods-producing private industries: https://www.bls.gov/ncs/. For the expanded Beta Pilot test, the costs per response
applied to participants are updated to 2023 dollars using the BLS
``Employment Cost Index'' (url: https://www.bls.gov/eci/tables.htm).
Table 1--Expanded Beta Pilot Test Burden Estimates Product Registry and Reference PGA Message Set
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Average burden Total annual Total annual
Type of respondent Number of responses per Number of per response burden (in Average cost respondent
respondents respondent responses (in hours) hours) per response cost *
Product Registry Only A B C (= A x B) D E (= C x D) F G (= C x F)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pilot Participation..................... 1,800 1 1,800 91 163,800 $5,382.47 $9,688,442
Gathering and Submitting Data Elements.. 1,800 1 1,800 27 47,800 1,033.25 1,859,851
Filing Entry-Line....................... 1,800 10,000 18,000,000 0.003 54,000 0.1136 2,045,010
---------------------------------------------------------------------------------------------------------------
Total............................... .............. .............. 18,003,600 .............. 265,600 .............. 13,593,303
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Due to rounding the products and summations may be slightly off.
[[Page 47926]]
Table 2 shows an estimated 200 additional participants will use the
Full PGA Message Set and bear an annual burden of 17,600 hours, and an
estimated total annual cost for all participants of $943,532.
Table 2--Expanded Beta Pilot Test Burden Estimates Product Registry and Full PGA Message Set
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Average burden Total annual Total annual
Type of respondent Number of responses per Number of per response burden (in Average cost respondent
respondents respondent responses (in hours) hours) per response cost *
Full PGA message set only A B C (= A x B) D E (= C x D) F G (= C x F)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pilot Participation..................... 200 1 200 30 6,000 $2,451.54 $490,308
Gathering and Submitting Data Elements.. 200 1 200 13 2,600 561.94 112,388
Filing Entry-Line....................... 200 1,500 300,000 0.030 9,000 1.1361 340,835
---------------------------------------------------------------------------------------------------------------
Total............................... .............. .............. 300,400 .............. 17,600 .............. 943,532
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Due to rounding the products and summations may be slightly off.
Table 3 provides the estimated total burden for expanding the Beta
Pilot test of 283,000 burden hours for the 2,000 new participants, and
an estimated total annual cost for all participants of $14,536,835.
Table 3--Expanded Beta Pilot Test Burden Estimates Product Registry and Full PGA Message Set
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Average burden Total annual Total annual
Type of respondent Number of responses per Number of per response burden (in Average cost respondent
respondents respondent responses (in hours) hours) per response cost *
Total burden A B C (= A x B) D E (= C x D) F G (= C x F)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pilot Participation..................... 2,000 1 2,000 85 169,800 $5,089.38 $10,178,750
Gathering and Submitting Data Elements.. 2,000 1 2,000 25 50,400 986.12 1,972,239
Filing Entry-Line....................... 2,000 9,150 18,300,000 0.003 63,000 0.1304 2,385,845
---------------------------------------------------------------------------------------------------------------
Total............................... .............. .............. 18,304,000 .............. 283,200 .............. 14,536,835
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: Due to rounding the products and summations may be slightly off.
In compliance with the PRA of 1995 (44 U.S.C. 3507(d)), CPSC will
submit the additional expanded Beta Pilot test information collection
revision to the OMB for review. Pursuant to 44 U.S.C. 3506(c)(2)(A), we
request comment on this burden estimate and the analysis, including:
whether the collection of information is necessary for the
proper performance of the CPSC's functions, including whether the
information will have practical utility;
the accuracy of the CPSC's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
ways to enhance the quality, utility, and clarity of the
information to be collected; and
ways to reduce the burden of the collection of information
on respondents, including the use of automated collection techniques,
when appropriate, and other forms of information technology.
VI. Confidentiality
All data submitted and entered into ACE is subject to the Trade
Secrets Act (18 U.S.C. 1905) and is considered confidential, except to
the extent as otherwise provided by law. As stated in previous notices,
participation in this or any of the previous ACE tests is not
confidential and upon a written Freedom of Information Act (FOIA)
request, a name(s) of an approved participant(s) will be disclosed by
CPSC or CBP in accordance with 5 U.S.C. 552.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2024-12194 Filed 6-3-24; 8:45 am]
BILLING CODE 6355-01-P