[Federal Register Volume 74, Number 72 (Thursday, April 16, 2009)]
[Notices]
[Pages 17637-17638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8714]


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CONSUMER PRODUCT SAFETY COMMISSION


Proposed Extension of Approval of Information Collection; Comment 
Request--Testing and Recordkeeping Requirements for Carpets and Rugs

AGENCY: Consumer Product Safety Commission.

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 (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

[[Page 17638]]

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 
June 15, 2009.

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

FOR FURTHER INFORMATION CONTACT: For information about the proposed 
collection of information call or write Linda Glatz, Division of Policy 
and Planning, Office of Information Technology and Technology Services, 
Consumer Product Safety Commission, 4330 East West Highway, Bethesda, 
MD 20814; telephone: (301) 504-7671 or by e-mail to [email protected].

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 June 30, 2009. The Commission now proposes to request an 
extension of approval 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 $1,646,400, based 
on an hourly wage of $54.88 (Bureau of Labor Statistics: All workers, 
goods-producing industries, management, professional and related, 
September 2008) x 30,000 hours. The estimated annual cost of the 
information and collection requirements to the Federal Government is 
approximately $42,000. 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: April 10, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
 [FR Doc. E9-8714 Filed 4-15-09; 8:45 am]
BILLING CODE 6355-01-P