[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Notices]
[Pages 33417-33418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16469]


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CONSUMER PRODUCT SAFETY COMMISSION


Proposed Extension of Approval of Information Collection; Comment 
Request-Safety Standard for Walk-Behind Power Lawn Mowers

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

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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 an extension of approval of 
a collection of information from manufacturers and importers of walk-
behind power lawn mowers. This collection of information consists of 
testing and recordkeeping requirements in certification regulations 
implementing the Safety Standard for Walk-Behind Power Lawn Mowers (16 
CFR Part 1205). 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 Office of Management and Budget 
(OMB).

DATES: The Office of the Secretary must receive written comments not 
later than September 11, 2009.

ADDRESSES: Written comments should be captioned ``Walk-Behind Power 
Lawn Mowers'' 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, Room 502, 4330 East-West Highway, Bethesda, MD 
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 1979, the Commission issued the Safety 
Standard for Walk-Behind Power Lawn Mowers (16 CFR Part 1205) under 
provisions of the Consumer Product Safety Act (CPSA) (15 U.S.C. 2051 et 
seq.) to eliminate or reduce risks of amputations, avulsions, 
lacerations, and other serious injuries which have resulted from the 
accidental contact of some part of an operator's body with the rotating 
blade of a power lawn mower. The standard contains performance and 
labeling requirements for walk-behind power lawn mowers to address 
risks of blade-contact injuries.

A. Certification Requirements

    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.
    The Commission has issued regulations prescribing requirements for 
a reasonable testing program to support certificates of compliance with 
the standard for walk-behind power mowers under the CPSA. These 
regulations also require manufacturers, importers, and private labelers 
of walk-behind power mowers to establish and maintain records to 
demonstrate compliance with the requirements for testing to support 
certification of compliance. 16 CFR Part 1205, Subpart B.
    The Commission uses the information compiled and maintained by 
manufacturers and importers of walk-behind power mowers to protect 
consumers from risks of injuries associated with walk-behind power lawn 
mowers. More specifically, the Commission uses this information to 
determine whether the mowers produced and imported comply with the 
applicable standard. The Commission also uses this information to 
obtain corrective actions if walk-behind power mowers fail to comply 
with the standard in a manner which creates a substantial risk of 
injury to the public.
    OMB approved the collection of information requirements for walk-
behind mowers under control number 3041-0091. OMB's most recent 
extension of approval will expire on September 30, 2009. The Commission 
proposes to request an extension of approval for these collection of 
information requirements.

[[Page 33418]]

B. Estimated Burden

    The Commission staff estimates that about 20 firms are subject to 
the testing and recordkeeping requirements of the certification 
regulations. The Commission staff estimates further that the annual 
testing and recordkeeping burden imposed by the regulations on each of 
these firms on average is approximately 390 hours if 3 hours are 
expended by each firm over 130 estimated seasonal production days each 
year. The estimated annual burden imposed by the testing and 
recordkeeping requirements on all manufacturers and importers of walk-
behind power mowers is 7,800 hours.
    In addition, the manufacturer is required to include permanent 
labels attached to the lawn mowers. The Commission staff estimates an 
additional hour per production day to collect the information and place 
it on the label. Accordingly an additional 130 hours per firm is added 
to the total burden. For the 20 firms, the estimated additional burden 
related to labeling is 2,600 hours. The estimated total burden hours 
related to testing recordkeeping and labeling is 520 hours per firm and 
10,400 hours for the industry.
    Annual testing and recordkeeping costs burden is estimated to be 
$428,064 based on 7,800 hours x 54.88 (the average hourly total 
compensation for U.S. management, professional, and related occupations 
in goods-producing industries, Bureau of Labor Statistics, September 
2008). Annual costs burden for labeling is estimated to be $70,564 
based on 2,600 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 total estimated burden costs 
related to testing, recordkeeping, and labeling to the industry is 
$498,626.
    The Commission staff will expend approximately one half of one 
staff month reviewing records required to be maintained for walk-behind 
power lawn mowers. The annual cost to the Federal government of the 
collection of information in these regulations is estimated to be 
$6,920.

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: July 7, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E9-16469 Filed 7-10-09; 8:45 am]
BILLING CODE 6355-01-P