[Federal Register Volume 74, Number 129 (Wednesday, July 8, 2009)]
[Notices]
[Pages 32570-32571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16009]


=======================================================================
-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION


Proposed Extension of Approval of Information Collection; Comment 
Request--Safety Standard for Automatic Residential Garage Door 
Operators

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: As required by the Paperwork Reduction Act (44 U.S.C. Chapter 
35), the Consumer Product Safety Commission (CPSC or Commission) 
requests comments on a proposed request for extension of approval of a 
collection of information from manufacturers and importers of 
residential garage door operators. The collection of information 
consists of testing and recordkeeping requirements in certification 
regulations implementing the Safety Standard for Automatic Residential 
Garage Door Operators (16 CFR Part 1211). The Commission will consider 
all comments received in response to this notice before requesting 
approval of this extension of a collection of information from the 
Office of Management and Budget (OMB).

DATES: The Office of the Secretary must receive written comments not 
later than September 8, 2009.

ADDRESSES: Written comments should be captioned ``Residential Garage 
Door Operators'' and e-mailed to the Office of the Secretary at [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: In 1990, Congress enacted legislation 
requiring residential garage door operators to comply with the 
provisions of a standard published by Underwriters Laboratories to 
protect against entrapment under provisions of the Consumer Product 
Safety Act (CPSA) (15 U.S.C. 2051 et seq.). The entrapment protection 
requirements of UL Standard 325 are codified into the Safety Standard 
for Automatic Residential Garage Door Operators, 16 CFR Part 1211. 
Automatic residential garage door operators must comply with the latest 
edition of the Commission's regulations at 16 CFR Part 1211.
    OMB approved the collection of information concerning the Safety 
Standard for Automatic Residential Garage Door Operators under control 
number 3041-0125. OMB's most recent approval will expire on October 31, 
2009. The Commission now proposes to request an extension of approval 
without changes of this collection of information.

A. Certification Requirements

    Section 203 of Public Law 101-608 requires that UL Standard 325 
shall be considered to be a consumer product safety standard under 
section 9 of the CPSA (15 U.S.C. 2058). Section 14(a) of the CPSA (15 
U.S.C. 2063(a)) requires manufacturers, importers, and private labelers 
of a consumer product subject to a consumer product safety standard 
under the CPSA or similar rule, ban, standard, or regulation under any 
other act enforced by the Commission to issue a certificate stating 
that the product complies with all applicable rules, bans, standards or 
regulations. Section 14(a) of the CPSA also requires that the 
certificate of compliance must be based on a test of each product or 
upon a reasonable testing program and specify each such rule, ban, 
standard or regulation applicable to the product.
    Section 14(b) of the CPSA (15 U.S.C. 2063(b)) authorizes the 
Commission to issue regulations to prescribe a reasonable testing 
program to support certificates of compliance with a consumer product 
safety standard under the CPSA or similar rule, ban, standard, or 
regulation under any other act enforced by the Commission. Section 
16(b) of the CPSA (15 U.S.C. 2065(b)) authorizes the Commission to 
issue rules to require that firms ``establish and maintain'' records to 
permit the Commission to determine compliance with rules issued under 
the authority of the CPSA.
    On December 22, 1992, the Commission issued rules prescribing 
requirements for a reasonable testing program to support certificates 
of compliance with the Safety Standard for Automatic Residential Garage 
Door Operators (57 FR 60449). These regulations also require 
manufacturers, importers, and private labelers of residential garage 
door operators to establish and maintain records to demonstrate 
compliance with the requirements for testing to support certification 
of compliance. 16 CFR Part

[[Page 32571]]

1211, Subparts B and C. The Commission uses the information compiled 
and maintained by manufacturers and importers of residential garage 
door operators to protect consumers from risks of death and injury 
resulting from entrapment accidents associated with garage door 
operators. More specifically, the Commission uses this information to 
determine whether the products produced and imported by those firms 
comply with the standard. The Commission also uses this information to 
facilitate corrective action if any residential garage door operators 
fail to comply with the standard in a manner that creates a substantial 
risk of injury to the public.

B. Estimated Burden

    The Commission staff estimates that about 21 firms are subject to 
the testing and recordkeeping requirements of the certification 
regulations. The staff estimates that each respondent will spend 40 
hours annually on the collection of information for a total of about 
840 hours. The estimated total annual cost to industry is approximately 
$22,800 based on 840 hours x $27.14 (the average hourly total 
compensation for sales and office workers in goods-producing 
industries, Bureau of Labor Statistics, September 2008).
    The Commission staff will expend approximately 6 staff months 
reviewing records required to be maintained for automatic residential 
garage door operators. The annual cost to the Federal government of the 
collection of information in these regulations is estimated to be 
$83,000.

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: June 30, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E9-16009 Filed 7-7-09; 8:45 am]
BILLING CODE 6355-01-P