[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Notices]
[Pages 55819-55820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26079]


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

CONSUMER PRODUCT SAFETY COMMISSION


Proposed Extension of Approval of Information Collection; Comment 
Request; Clothing Textiles, Vinyl Plastic Film

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

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

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 request for extension of approval of a 
collection of information from manufacturers and importers of clothing, 
and textiles and related materials intended for use in clothing. This 
collection of information is required in regulations implementing the 
Standard for the Flammability of Clothing Textiles (16 CFR Part 1610) 
and the Standard for the Flammability of Vinyl Plastic Film (16 CFR 
Part 1611). These regulations establish requirements for testing and 
recordkeeping for manufacturers and importers who furnish guaranties 
for products subject to the flammability standards for clothing 
textiles and vinyl plastic film. 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: Written comments must be received by the Office of the Secretary 
not later than December 28, 2009.

ADDRESSES: Written comments should be captioned ``Clothing Textiles and 
Film, Collection of Information'' and e-mailed to the Office of the 
Secretary at [email protected], or mailed to the Office of the 
Secretary, Consumer Product Safety Commission, 4330 East-West Highway, 
Bethesda, Maryland 20814. Written comments may also be sent to the 
Office of the Secretary by facsimile at (301) 504-0127.

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. Background

    Clothing and fabrics intended for use in clothing (except 
children's sleepwear in sizes 0 through 14) are subject to the Standard 
for the Flammability of Clothing Textiles (16 CFR Part 1610). Clothing 
made from vinyl plastic film and vinyl plastic film intended for use in 
clothing (except children's sleepwear in sizes 0 through 14) are 
subject to the Standard for the Flammability of Vinyl Plastic Film (16 
CFR Part 1611). These standards prescribe a test to assure that 
articles of wearing apparel, and fabrics and film intended for use in 
wearing apparel, are not dangerously flammable because of rapid and 
intense burning. (Children's sleepwear and fabrics and related 
materials intended for use in children's sleepwear in sizes 0 through 
14 are subject to other, more stringent flammability standards, 
codified at 16 CFR Parts 1615 and 1616.) The flammability standards for 
clothing textiles and vinyl plastic film were made mandatory by the 
Flammable Fabrics Act of 1953 (FFA) (Pub. L. 83-88, 67 Stat. 111; June 
30, 1953).
    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.'' The 
Commission estimates that about 1,000 manufacturers and importers of 
clothing, and of textiles and vinyl film intended for use in clothing, 
issue guaranties that the products they produce or import comply with 
the applicable standard.

B. Testing and Recordkeeping

    Regulations implementing the flammability standards for clothing

[[Page 55820]]

textiles and vinyl plastic film prescribe requirements for testing and 
recordkeeping by firms that issue guaranties. See 16 CFR Part 1610, 
Subpart B, and 16 CFR Part 1611, 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 clothing and fabrics and vinyl film 
intended for use in clothing. 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.
    OMB approved the collection of information in the enforcement 
regulations implementing the standards for clothing textiles and vinyl 
plastic film under control number 3041-0024. OMB's most recent 
extension of approval will expire on December 31, 2009. The Commission 
proposes to request an extension of approval for the collection of 
information in those regulations.

C. Estimated Burden

    The Commission staff estimates that about 1,000 firms that 
manufacture or import products subject to the flammability standards 
for clothing textiles and vinyl plastic film issue guaranties that the 
products they produce or import comply with the applicable standard. 
The Commission staff estimates that these standards and implementing 
regulations will impose an average annual burden of about 101.6 hours 
on each of those firms. That burden will result from conducting the 
testing and maintaining records required by the implementing 
regulations. The total annual burden imposed by the standards and 
regulations on all manufacturers and importers of clothing textiles and 
vinyl plastic film will be about 101,600 hours.
    The hourly wage for the testing and recordkeeping required by the 
standards and regulations is estimated to be $57.22 (for management, 
professional, and related occupations in goods-producing industries, 
Bureau of Labor Statistics, June 2009), for an estimated annual cost to 
the industry of nearly $5.8 million (101,600 x $57.22).
    The Commission staff will expend approximately 80 hours of 
professional time reviewing and evaluating the records maintained by 
manufacturers and importers of garments, textiles, and related 
materials. The annual cost to the Federal government of the collection 
of information in these regulations is estimated to be $6,400.

D. 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: October 23, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E9-26079 Filed 10-28-09; 8:45 am]
BILLING CODE 6355-01-P