[Federal Register Volume 84, Number 49 (Wednesday, March 13, 2019)]
[Notices]
[Pages 9104-9108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04657]
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CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2010-0038]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Third Party Testing of Children's Products
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
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SUMMARY: As required by the Paperwork Reduction Act, the Consumer
Product Safety Commission (CPSC) requests comments on a proposed
extension of approval of a collection of information for Third Party
Testing of Children's Products, approved previously under OMB Control
No. 3041-0159. The CPSC will consider all comments received in response
to this notice before requesting an extension of this collection of
information from the Office of Management and Budget (OMB).
DATES: Submit written or electronic comments on the collection of
information by May 13, 2019.
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2010-
0038, by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: http://www.regulations.gov. Follow the
instructions for submitting comments. The CPSC does not accept comments
submitted by electronic mail (email), except through
www.regulations.gov. The CPSC encourages you to submit electronic
comments by using the Federal eRulemaking Portal, as described above.
Written Submissions: Submit written submissions by mail/hand
delivery/courier to: Division of the Secretariat, Consumer Product
Safety Commission, Room 820, 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
that you do not want to be available to the public. If furnished at
all, such information should be submitted in writing.
Docket: For access to the docket to read background documents or
[[Page 9105]]
comments received, go to: http://www.regulations.gov, and insert the
docket number CPSC-2010-0038, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Bretford Griffin, Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, MD 20814; (301)
504-7037, or by email to: [email protected].
SUPPLEMENTARY INFORMATION: CPSC seeks to renew the following currently
approved collection of information:
Title: Third Party Testing of Children's Products.
OMB Number: 3041-0159.
Type of Review: Renewal of collection for third party testing of
children's products and inclusion of the following into this collection
of information: (1) The previously approved burden for marking and
labeling of certain durable infant and toddler products; (2) the
labeling requirements set forth in the rule establishing requirements
for electrically operated toys or other electrically operated articles
intended for children (16 CFR 1505) (electrically operated toys and
other articles rule) and the recordkeeping requirements set forth in
the rule that are not also covered by the Commission's third party
testing rule at 16 CFR part 1107; and (3) recordkeeping and labelling
requirements set forth in the ban on articles known as ``baby
bouncers'' or ``walker-jumpers,'' or similar articles that are not
covered by 16 CFR 1216 and that are not also covered by the testing
rule or the rules issued under section104 of the Consumer Product
Safety Improvement Act (baby bouncer/walker-jumper rule, 16 CFR
1500.18(a)(6) and 1500.86(a)(4)).
General Description of Collection
Testing and Certification: On November 8, 2011, the Commission
issued two rules for implementing third party testing and certification
of children's products, as required by section 14 of the Consumer
Product Safety Act (CPSA):
Testing and Labeling Pertaining to Product Certification
(76 FR 69482, codified at 16 CFR part 1107; the testing rule); and
Conditions and Requirements for Relying on Component Part
Testing or Certification, or Another Party's Finished Product Testing
or Certification to Meet Testing and Certification Requirements (76 FR
69547, codified at 16 CFR part 1109; the component part rule).
The testing rule establishes requirements for manufacturers to
conduct initial third party testing and certification of children's
products, testing when there has been a material change in the product,
continuing testing (periodic testing), and guarding against undue
influence. A final rule on Representative Samples for Periodic Testing
of Children's Products (77 FR 72205, Dec. 5, 2012) amended the testing
rule to require that representative samples be selected for periodic
testing of children's products.
The component part rule is a companion to the testing rule that is
intended to reduce third party testing burdens by providing all parties
involved in the required testing and certifying of children's products
the flexibility to conduct or rely upon testing where it is the easiest
and least expensive. Certification of a children's product can be based
upon one or more of the following: (a) Component part testing; (b)
component part certification; (c) another party's finished product
testing; or (d) another party's finished product certification.
Section 1107.26 of the testing rule states the records required for
testing and selecting representative samples. 16 CFR 1107.26. Required
records include a certificate, and records documenting third party
testing and related sampling plans. These requirements largely overlap
the recordkeeping requirements in the component part rule, codified at
16 CFR 1109.5(g). Duplicate recordkeeping is not required; records need
to be created and maintained only once to meet the applicable
recordkeeping requirements. The component part rule also requires
records that enable tracing a product or component back to the entity
that had a product tested for compliance, and also requires
attestations of due care to ensure test result integrity.
Section 104 Rules: The Commission has issued 22 rules for durable
infant and toddler products under section 104 of the Consumer Product
Safety Improvement Act of 2008 (CPSIA) (section 104 rules). Section 104
rules issued to date appear in Table 1. Each section 104 rule contains
requirements for marking, labeling, and instructional literature:
Each product and the shipping container must have a
permanent label or marking that identifies the name and address (city,
state, and zip code) of the manufacturer, distributor, or seller.
A permanent code mark or other product identification
shall be provided on the product and its package or shipping container,
if multiple packaging is used. The code will identify the date (month
and year) of manufacture and permit future identification of any given
model.
Each standard also requires products to include easy-to-read and
understand instructions regarding assembly, maintenance, cleaning, use,
and adjustments, where applicable.
OMB has assigned control numbers for the estimated burden to comply
with marking and labeling requirements in each section 104 rule. With
this renewal, CPSC is moving the marking and labeling burden
requirements for eight (8) additional section 104 rules issued since
the last renewal in 2016 into the collection of information for Third
Party Testing of Children's Products. The paperwork burdens associated
with the section 104 rules are appropriately included in the collection
for Third Party Testing of Children's Products because all of the
section 104 products are also required to be third party tested. Having
all of the burden hours under one collection for children's products
provides one OMB control number and eases the administrative burden of
renewing multiple collections. CPSC will discontinue using the OMB
control numbers currently assigned to individual section 104 rules. The
discontinued OMB control numbers are listed in Table 1.
Electrically-Operated Toys and Other Articles: The requirements for
electrically operated toys and other electrically operated articles
intended for use by children are set forth in 16 CFR part 1505. The
regulation establishes certain criteria to use in determining whether
or not electrically operated toys and other electrically operated
children's products are banned, and requires that certain warning and
identification labeling be included on both the product and the
packaging. The regulation also requires that manufacturers establish a
quality assurance program to assure compliance and to keep records
pertaining to the quality assurance program. Additionally,
manufacturers or importers must keep records of the sale and
distribution of the products.
CPSC currently has an OMB control number (3041-0035) for the
estimated burden in complying with the requirements for electrically
operated toys and other articles. Because most of the recordkeeping
requirements in this information collection are essentially the same as
those of the testing rule, with this renewal, we are moving the marking
and labeling burden requirement into the collection of information for
Third Party Testing of Children's Products to avoid double counting the
burden. If this renewal
[[Page 9106]]
request is approved, CPSC will request termination of the existing OMB
control number for this information collection.
Baby-Bouncer/Walker-Jumper Rule: The requirements for baby
bouncers, baby walkers, and similar articles that are not covered by 16
CFR 1216 (Safety Standard for Infant Walkers) is set forth under 16 CFR
1500.18(a)(6) and 1500.86(a)(4). The regulation establishes certain
criteria to use in determining whether certain baby-bouncers, walker-
jumpers, or similar products are banned. The regulation requires that
each product be labelled with information that will permit future
identification by the manufacturer of the particular model of bouncer
or walker-jumper. In addition, records of sale, distribution, and
results of tests and inspections must be kept for three years and made
available to CPSC upon request. Products covered under this regulation
are not duplicative of an existing section 104 rule.
CPSC currently has an OMB control number (3041-0035) for the
estimated burden in complying with the requirements in this regulation.
Because most of the recordkeeping requirements in this information
collection are essentially the same as those of the testing rule, with
this renewal, we are moving the recordkeeping requirements into the
collection of information for Third Party Testing of Children's
Products to avoid double counting the burden. If this renewal request
is approved, CPSC will request termination of the existing OMB control
number for this information collection.
Frequency of Response: On occasion.
Affected Public: Manufacturers and importers of children's products
subject to a children's product safety rule.
Estimated Number of Respondents:
Testing and Certification: Recordkeeping requirements in parts 1107
and 1109 apply to all manufacturers or importers of children's products
that are covered by one or more children's product safety rules
promulgated and/or enforced by the CPSC. To estimate the number of
respondents, we reviewed every industry category in the NAICS and
selected those industry categories that included firms that could
manufacture or sell such children's products. Using data from the U.S.
Census Bureau, we determined that there are more than 37,000
manufacturers, almost 80,000 wholesalers, and about 128,000 retailers
in these categories. However, not all of the firms in these categories
manufacture or import children's products that are covered by
children's product safety rules. Therefore, these numbers would
constitute a high estimate of the number of firms that are subject to
the recordkeeping requirements. Accordingly, when calculating the
recordkeeping burden, CPSC relies on estimates of the number of
children's products that are manufactured or imported. We estimate that
approximately 300,000 non-apparel children's products and approximately
1.2 million children's apparel and footwear products are covered by the
rules.
Section 104 Rules: Table 1 summarizes the section 104 rules for
durable infant and toddler products subject to the marking and labeling
requirement that have been or are now being moved into OMB control
number 3041-0159. Table 1 contains the estimated number of
manufacturers and models and the total respondent hours. The 8 new
section 104 rules being moved into this information collection are
shown in bold text.
Table 1--Estimated Burden for Marking and Labeling in Section 104 Rules
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Total
Discontinued OMB control Nbr 16 CFR part Description Mfrs Models respondent
hours
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3041-0145...................................... 1215 Safety Standard for Infant Bath Seats.. 12 2 24
3041-0141...................................... 1216 Safety Standard for Infant Walkers..... 19 4 76
3041-0150...................................... 1217 Safety Standard for Toddler Beds....... 111 10 1,110
3041-0157...................................... 1218 Safety Standard for Bassinets and 72 4 288
Cradles.
3041-0147...................................... 1219 Safety Standard for Full-Size Cribs.... 80 13 1,040
3041-0147...................................... 1220 Safety Standard for Non-Full-Size Cribs 39 2 78
3041-0152...................................... 1221 Safety Standard for Play Yards......... 34 4 136
3041-0160...................................... 1222 Safety Standard for Infant Bedside 13 2 26
Sleepers.
3041-0155...................................... 1223 Safety Standard for Swings............. 6 8 48
3041-0149...................................... 1224 Safety Standard for Portable Bedrails.. 18 2 36
3041-0158...................................... 1225 Safety Standard for Hand-Held Infant 78 2 156
Carriers.
3041-0162...................................... 1226 Safety Standard for Soft Infant and 44 3 132
Toddler Carriers.
3041-0164...................................... 1227 Safety Standard for Carriages and 100 7 700
Strollers.
3041-0167...................................... 1228 Safety Standard for Sling Carriers..... 1,000 2 \*\ 8,500
3041-0174...................................... 1229 Safety Standard for Infant Bouncer 26 4 104
Seats.
3041-0166...................................... 1230 Safety Standard for Frame Child 14 3 42
Carriers.
3041-0173...................................... 1231 Safety Standard for High Chairs........ 83 3 249
3041-0172...................................... 1232 Safety Standard for Children's Folding 17 2 34
Chairs and Stools.
3041-0170...................................... 1233 Safety Standard for Hook-On-Chairs..... 7 1 7
3041-0171...................................... 1234 Safety Standard for Infant Bath Tubs... 27 2 54
3041-0175...................................... 1235 Safety Standard for Baby Changing 141 6 846
Products.
3041-0178...................................... 1237 Safety Standard for Booster Seats...... 52 2 104
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Total Burden Hours......................... .............. ....................................... .............. .............. 13,790
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* Includes 6,500 hours for instructional literature.
Electrically-Operated Toys and Other Articles Rule: CPSC staff
estimates that about 40 manufacturers and importers are subject to this
regulation.
Baby-Bouncer/Walker-Jumper Rule: CPSC staff estimates that about 6
firms are subject to the testing and recordkeeping requirements of this
regulation.
Estimated Time per Response:
[[Page 9107]]
Testing and Certification: Based on the comments we received on the
proposed testing rule, we revised the estimated number of children's
products that are affected, as well as the hourly recordkeeping burden
estimate. We estimate that approximately 300,000 non-apparel children's
products are covered by the rule and that an average of 5 hours will be
needed for the recordkeeping associated with these products per year.
We also estimate that there are approximately 1.2 million children's
apparel and footwear products, for which an average of 3 hours of
recordkeeping will be required per year. Manufacturers that are
required to conduct periodic testing have an additional recordkeeping
burden estimated at 4 hours per representative sampling plan.
Section 104 Rules: Each section 104 rule contains a similar
analysis for marking and labeling that estimates the time to make any
necessary changes to marking and labeling requirements at one hour per
model.
Electrically-Operated Toys and Other Articles: Products subject to
this regulation are also subject to the requirements of the testing
rule. Therefore, the burden of any duplicative recordkeeping
requirements will not be reported here, as they were in the cancelled
information collection, to avoid double-counting the burden. CPSC staff
estimates that the additional burden imposed by this regulation over
that imposed by the testing rule, is 30 minutes per product to maintain
sales and distribution records for three years, and one hour to make
labeling changes per model.
Baby-Bouncer/Walker-Jumpers CPSC staff estimates that firms will
spend one hour per model on recordkeeping requirements, and one hour
per model on labeling requirements.
Total Estimated Annual Burden:
Testing and Certification: The total estimated annual burden for
recordkeeping associated with the testing rule is 5.1 million hours
(300,000 non-apparel children's products x 5 hours per non-apparel
children's product + 1,200,000 children's apparel products x 3 hours
per children's apparel product = 1.5 million hours + 3.6 million hours,
or a total of 5.1 million hours). Potential additional annual burden
associated with use of a representative sampling plan and component
part testing are next described.
Representative Sampling Plans for Periodic Testing: We estimate
that if each product line averages 50 individual models or styles, then
a total of 30,000 individual representative sampling plans (1.5 million
children's products / 50 models or styles) would need to be developed
and documented. This would require 120,000 hours (30,000 plans x 4
hours per plan). If each product line averages 10 individual models or
styles, then a total of 150,000 different representative sampling plans
(1.5 million children's products / 10 models or styles) would need to
be documented. This would require 600,000 hours (150,000 plans x 4
hours per plan). Accordingly, the requirement to document the basis for
selecting representative samples could increase the estimated annual
burden by up to 600,000 hours.
Component Part Testing: The component part rule shifts some testing
costs and some recordkeeping costs to component part and finished
product suppliers because some testing will be performed by these
parties rather than by the finished product certifiers (manufacturers
and importers). Even if a finished product certifier can rely entirely
on component part and finished product suppliers for all required
testing, however, the finished product supplier will still have some
recordkeeping burden to create and maintain a finished product
certificate. Therefore, although the component part testing rule may
reduce the total cost of the testing required by the testing and
certification rule, the rule increases the estimated annual
recordkeeping burden for those who choose to use component part
testing.
Because we do not know how many companies participate in component
part testing and supply test reports or certifications to other
certifiers in the supply chain, we have no concrete data to estimate
the recordkeeping and third party disclosure requirements in the
component part rule. Likewise, no clear method exists for estimating
the number of finished product certifiers who conduct their own
component part testing. In the component part rulemaking, we suggested
that the recordkeeping burden for the component part testing rule could
amount to 10 percent of the burden estimated for the testing and
labeling rule. 76 FR 69546, 69579 (Nov. 8, 2011). Currently, we have no
basis to change this estimate.
In addition to recordkeeping, the component part rule requires
third party disclosure of test reports and certificates, if any, to a
certifier who intends to rely on such documents to issue its own
certificate. Without data, allocation of burden estimation between the
recordkeeping and third party disclosure requirements is difficult.
However, based on our previous analysis, we continue to estimate that
creating and maintaining records accounts for approximately 90 percent
of the burden, while the third party disclosure burden is much less,
perhaps approximately 10 percent. Therefore, if we continue to use the
estimate that component part testing will amount to about 10 percent of
the burden estimated for the testing rule, then the hour burden of the
component part rule is estimated to be about 510,000 hours total
annually (10% of 5.1 million hours); allocating 459,000 hours for
recordkeeping and 51,000 hours for third party disclosure.
Section 104 Rules: The burden for marking and labeling for each
section 104 rule is provided in Table 1. The estimated total number of
respondent hours is 13,790.
Electrically-Operated Toys and Other Articles Rule: Assuming each
of the 40 firms produces 10 new models per year, the estimated annual
burden is 200 hours for recordkeeping (40 firms x .5 hour x 10 models)
and 400 hours for labeling changes (40 firms x 1 hour x 10 models), for
a total estimated annual burden of 600 hours.
Baby-Bouncer/Walker-Jumper Rule: Firms are expected to test, on
average, four new models per year. Accordingly, the estimated annual
burden is 12 hours on recordkeeping (6 firms x 1 hour x 2 models), and
12 hours on labeling (6 firms x 1 hour x 2 models), for a total
estimated annual burden of 24 hours per year.
Request for Comments
The CPSC solicits written comments from all interested persons
about the proposed renewal of this collection of information. The CPSC
specifically solicits information relevant to the following topics:
--Whether the collection of information described above is necessary
for the proper performance of the CPSC'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
[[Page 9108]]
collection techniques, or other forms of information technology.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2019-04657 Filed 3-12-19; 8:45 am]
BILLING CODE 6355-01-P