[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Notices]
[Pages 60683-60684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24490]


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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2013-0005]


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 (CSPC 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 comments not later than 
December 3, 2012.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2013-
0005, 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: 
Robert H. Squibb, Consumer Product Safety Commission, 4330 East-West 
Highway, Bethesda, MD 20814; (301) 504-7815, or by email to: 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    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 that 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.
    Subpart B of the standard sets forth regulations prescribing 
requirements for a reasonable testing program to support certificates 
of compliance with the standard for walk-behind power mowers. 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. 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 to issue a certificate stating that the product 
complies with all applicable consumer product safety standards. 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.
    Section 14(b) of the CPSA authorizes the Commission to issue 
regulations to prescribe a reasonable testing program to support 
certificates of compliance with a consumer product safety standard. 
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 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 that creates a substantial risk of injury 
to the public.
    The 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 December 31, 2012. The Commission 
proposes to request an extension of approval for this collection of 
information requirements.

B. Estimated Burden

    Commission staff estimates that about 34 firms are subject to the 
testing and recordkeeping requirements of the certification 
regulations. 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. Thus, the total annual 
burden imposed by the certification regulations on all manufacturers 
and importers of walk-behind power mowers is about 13,260 hours (34 
firms x 390 hours).
    In addition, manufacturers are expected to spend an additional 
hour, per production day, to collect the information for labeling. 
Accordingly, an additional 130 hours per firm is added to the total 
burden. For the 34 firms involved, the total estimated burden related 
to labeling is 4,420 hours. Aggregate annual burden hours related to 
testing, recordkeeping, and labeling are estimated to be 520 hours

[[Page 60684]]

per firm and 17,680 hours for the industry.
    CPSC staff estimates that the hourly wage for the time required to 
perform the required testing and recordkeeping is approximately $61.75 
(Bureau of Labor Statistics: total compensation for management, 
professional, and related workers in goods-producing private 
industries: http://www.bls.gov/ncs), and the hourly wage for the time 
required to maintain the labeling requirements is approximately $27.64 
(Bureau of Labor Statistics, total compensation for all sales and 
office workers in goods-producing, private industries: http://www.bls.gov/ncs). The annualized total cost to the industry for annual 
testing and recordkeeping is estimated to be $818,805, based on 13,260 
hours x $61.75. The annualized cost burden related to labeling is 
estimated to be $122,169, based on 4,420 hours x $27.64. Aggregate 
burden costs related to testing, recordkeeping, and labeling are 
estimated to be $940,972 for the industry.
    The annual cost to the federal government of the collection of 
information in these regulations is estimated to be $6,618 for one-half 
of one CPSC staff month to review records required to be maintained. 
This estimate uses an annual total compensation of $119,238 (the 
equivalent of a GS-14 step 5 employee with an additional 30.7 percent 
added for benefits.)

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: October 1, 2012.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2012-24490 Filed 10-3-12; 8:45 am]
BILLING CODE 6355-01-P