[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
                                                                                                                                         ---------------
    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