[Federal Register Volume 77, Number 111 (Friday, June 8, 2012)]
[Notices]
[Pages 34027-34028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13935]


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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2012-0030]


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 
3 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 or certificates 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 
August 7, 2012.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2012-
0030, by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments. To ensure timely processing of 
comments, the Commission is no longer accepting comments submitted by 
electronic mail (email), except through www.regulations.gov.

Written Submissions

    Submit written submissions in the following way:
    Mail/Hand delivery/Courier (for paper, disk, or CD-ROM 
submissions), preferably in five copies, to: Office of the Secretary, 
Consumer Product Safety Commission, Room 502, 4330 East West Highway, 
Bethesda, MD 20814; telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and docket number for this notice. All comments received may be posted 
without change, including any personal identifiers, contact 
information, or other personal information provided, to http://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
electronically. Such information should be submitted in writing.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For further information contact: Mary 
James, Office of Information and Technology Services, Consumer Product 
Safety Commission, 4330 East West Highway, Bethesda, MD 20814; (301) 
504-7213, or by email to: [email protected].

SUPPLEMENTARY INFORMATION:

A. The Standards

    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, were issued under section 4 of the 
Flammable Fabrics Act (FFA) (15 U.S.C. 1193) in 1970. The standards 
cover any type of finished product made in whole or in part of fabric 
or related material and intended for use as a floor covering in homes, 
offices, or other places of assembly or accommodation. The standards 
establish an acceptable level of flammability performance. Items must 
meet the requirements of the standards prior to distribution in 
commerce, and firms must issue a ``General Certification of 
Conformity'' (GCC) or ``Children's Product Certificate'' (CPC), 
certifying that the products meet all applicable product safety 
regulations. The GCC and CPC requirements are additional requirements 
imposed by the Consumer Product Safety Improvement Act (CPSIA), 15 
U.S.C. 2063(g). The CPSIA also imposes a third party testing 
requirement for all consumer products, including carpets and rugs, 
subject to a consumer product safety rule or similar rule, ban, 
standard, or regulation under any other Act enforced by the Commission, 
that are primarily intended for children 12 years of age or younger. 
Every manufacturer (including an importer) or a private labeler of a 
children's carpet or rug must have its product tested for compliance to 
parts 1630 and 1631 and other applicable product safety rules by an 
accredited, CPSC-accepted third party laboratory. In addition to the 
standards, certain enforcement regulations (16 CFR 1630.31 and 1631.32) 
have been issued under section 5 of the FFA (15 U.S.C. 1194) to address 
reasonable and representative tests and the recordkeeping requirement. 
These rules specify the frequency of testing necessary to support the 
issuance of a guaranty of compliance under the FFA and the types of 
records that must be maintained to document this activity. Beginning in 
2013, firms must also employ reasonable and representative testing 
programs in accordance with the CPSIA.
    The OMB approved the collection of information in the regulations 
under control number 3041-0017. OMB's most recent extension of approval 
expires on August 31, 2012. The Commission now proposes to request an 
extension of approval for the collection of information in the 
regulations.

B. Estimated Burden

    The Commission estimates that 120 firms are subject to the 
information collection requirements. These firms

[[Page 34028]]

have elected to issue a guaranty of compliance with the FFA, or they 
are required to certify compliance of products intended for children 
under the CPSA (as amended by the CPSIA). 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. CPSC staff estimates that the average firm 
issuing a continuing guarantee 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 one to 200, depending upon the number of 
carpet styles and the annual production volume. For example, if a firm 
manufactures 100,000 linear yards of carpet each year, and it 
consistently has obtained passing test results, then only one test per 
year is required. For purposes of estimating burden, we have used the 
midpoint, 100 tests per year. The time required to conduct each test is 
estimated to be 2.5 hours, plus the time required to establish and 
maintain the test record. We estimate the total annualized cost/burden 
to respondents could be as high as 12,000 tests per year at 2.5 hours 
per test or 30,000 hours.
    The annualized costs to respondents for the hour burden for 
collection of information is estimated to be as high as $1,837,200, 
using a mean hourly employer cost-per-hour-worked of $61.24 (Bureau of 
Labor Statistics (BLS): Total compensation rates for management, 
professional, and related occupations in private goods-producing 
industries, December 2011) (30,000 hours x $61.24).
    The estimated annual cost to the federal government of the 
information and collection requirements is approximately $42,900. This 
sum includes three staff months expended for examination of the 
information in records required to be maintained by the enforcement 
rules. This estimate uses an average wage rate of $57.13 per hour (the 
equivalent of a GS-14 Step 5 employee), with an additional 30.2 percent 
added for benefits (BLS, Percentage of total compensation comprised by 
benefits for all civilian management, professional, and related 
employees, December 2011) or $82.56 per hour x 520 hours.

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 5, 2012.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2012-13935 Filed 6-7-12; 8:45 am]
BILLING CODE 6355-01-P