[Federal Register Volume 70, Number 232 (Monday, December 5, 2005)]
[Notices]
[Pages 72427-72428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6799]


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CONSUMER PRODUCT SAFETY COMMISSION


Proposed Collection; Comment Request--Testing and Recordkeeping 
Requirements for Carpets and Rugs

AGENCY: Consumer Product Safety Commission.

[[Page 72428]]


ACTION: Notice.

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SUMMARY: As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the Consumer Product Safety Commission requests comments 
on a proposed extension of approval, for a period of three years from 
the date of approval by the Office of Management and Budget (OMB), of 
information collection requirements for manufacturers and importers of 
carpets and rugs. The collection of information is in regulations 
implementing the Standard for the Surface Flammability of Carpets and 
Rugs (16 CFR part 1630) and the Standard for the Surface Flammability 
of Small Carpets and Rugs (16 CFR part 1631). These regulations 
establish requirements for testing and recordkeeping for manufacturers 
and importers who furnish guaranties for products subject to the carpet 
flammability standards. The Commission will consider all comments 
received in response to this notice before requesting an extension of 
approval of this collection of information from the OMB.

DATES: The Office of the Secretary must receive comments not later than 
February 3, 2006.

ADDRESSES: Written comments should be captioned ``Carpets and Rugs; 
Paperwork Reduction Act,'' and sent by e-mail to [email protected]. 
Written comments may also be sent to the Office of the Secretary by 
facsimile at (301) 504-0127, or by mail to the Office of the Secretary, 
Consumer Product Safety Commission, Washington, DC 20207, or delivered 
to the Office of the Secretary, Room 502, 4330 East-West Highway, 
Bethesda, Maryland 20814.

FOR FURTHER INFORMATION CONTACT: For information about the proposed 
collection of information call or write Linda L. Glatz, Management and 
Program Analyst, Office of Planning and Evaluation, Consumer Product 
Safety Commission, Washington, DC 20207; (301) 504-7671.

SUPPLEMENTARY INFORMATION:

A. The Standards

    Carpets and rugs that have one dimension greater than six feet, a 
surface area greater than 24 square feet, and are manufactured for sale 
in or imported into the United States are subject to the Standard for 
the Surface Flammability of Carpets and Rugs (16 CFR part 1630). 
Carpets and rugs that have no dimension greater than six feet and a 
surface area not greater than 24 square feet are subject to the 
Standard for the Surface Flammability of Small Carpets and Rugs (16 CFR 
part 1631).
    Both of these standards were issued under the Flammable Fabrics Act 
(FFA) (15 U.S.C. 1191 et seq.). Both standards require that products 
subject to their provisions must pass a flammability test that measures 
resistance to a small, timed ignition source. Small carpets and rugs 
that do not pass the flammability test comply with the standard for 
small carpets and rugs if they are permanently labeled with the 
statement that they fail the standard and should not be used near 
sources of ignition.
    Section 8 of the FFA (15 U.S.C 1197) provides that a person who 
receives a guaranty in good faith that a product complies with an 
applicable flammability standard is not subject to criminal prosecution 
for a violation of the FFA resulting from the sale of any product 
covered by the guaranty. Section 8 of the FFA requires that a guaranty 
must be based on ``reasonable and representative'' tests. Many 
manufacturers and importers of carpets and rugs issue guaranties that 
the products they produce or import comply with the applicable 
standard. Regulations implementing the carpet flammability standards 
prescribe requirements for testing and recordkeeping by firms that 
issue guaranties. See 16 CFR part 1630, subpart B, and 16 CFR part 
1631, subpart B. The Commission uses the information compiled and 
maintained by firms that issue these guaranties to help protect the 
public from risks of injury or death associated with carpet fires. More 
specifically, the information helps the Commission arrange corrective 
actions if any products covered by a guaranty fail to comply with the 
applicable standard in a manner that creates a substantial risk of 
injury or death to the public. The Commission also uses this 
information to determine whether the requisite testing was performed to 
support the guaranties.
    The OMB approved the collection of information in the regulations 
under control number 3041-0017. OMB's most recent extension of approval 
expires on February 28, 2006. The Commission now proposes to request an 
extension of approval without change for the collection of information 
in the regulations.

B. Estimated Burden

    The Commission staff estimates that the enforcement rules result in 
an industry expenditure of a total of 30,000 hours for testing and 
recordkeeping. The Commission staff estimates that 120 firms are 
subject to the information collection requirements because the firms 
have elected to issue a guaranty of compliance with the FFA. The number 
of tests that a firm issuing a guaranty of compliance would be required 
to perform each year varies, depending upon the number of carpet styles 
and the annual volume of production. The staff estimates that the 
average firm issuing a continuing guaranty under the FFA is required to 
conduct a maximum of 200 tests per year. The actual number of tests 
required by a given firm may vary from 1 to 200, depending upon the 
number of carpet styles and the annual production volume. For purposes 
of estimating the burden, the staff used the midpoint, 100 tests per 
year. The time required to conduct each test is estimated by the staff 
to be 2\1/2\ hours plus the time required to establish and maintain the 
test record. The total annualized burden to respondents may be up to 
12,000 tests per year at 2.5 hours per test or 30,000 hours. The 
estimated annualized cost to respondents may be up to $862,500, based 
on an hourly wage of $28.75 (Bureau of Labor Statistics, June 2005) x 
30,000 hours. The estimated annual cost of the information and 
collection requirements to the Federal government is approximately 
$28,000. This sum includes three staff months expended for examination 
of the records required to be maintained.

C. Request for Comments

    The Commission solicits written comments from all interested 
persons about the proposed collection of information. The Commission 
specifically solicits information relevant to the following topics:

--Whether the collection of information described above is necessary 
for the proper performance of the Commission's functions, including 
whether the information would have practical utility;
--Whether the estimated burden of the proposed collection of 
information is accurate;
--Whether the quality, utility, and clarity of the information to be 
collected could be enhanced; and
--Whether the burden imposed by the collection of information could be 
minimized by use of automated, electronic or other technological 
collection techniques, or other forms of information technology.

    Dated: November 29, 2005.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E5-6799 Filed 12-2-05; 8:45 am]
BILLING CODE 6355-01-P