[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Notices]
[Pages 14655-14656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05137]


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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2010-0055]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Standard for the Flammability of Mattresses and 
Mattress Pads and Standard for the Flammability (Open Flame) of 
Mattress Sets

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

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SUMMARY: As required by the Paperwork Reduction Act of 1995, the 
Consumer Product Safety Commission (CPSC, or Commission) requests 
comments on a proposed extension of approval of a collection of 
information from manufacturers and importers of mattresses and mattress 
pads. The collection of information is set forth in the Standard for 
the Flammability of Mattresses and Mattress Pads, and the Standard for 
the Flammability (Open Flame) of Mattress Sets. These regulations 
establish testing and recordkeeping requirements for manufacturers and 
importers subject to the standards. The Office of Management and Budget 
(OMB) previously approved the collection of information under control 
number 3041-0014. OMB's most recent extension of approval will expire 
on June 30, 2020. The CPSC will consider all comments received in 
response to this notice, before requesting an extension of approval of 
this collection of information from OMB.

DATES: The Office of the Secretary must receive comments not later than 
May 12, 2020.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2010-
0055, by any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: https://www.regulations.gov. Follow the 
instructions for submitting comments. The CPSC does not accept comments 
submitted by electronic mail (email), except through https://www.regulations.gov. The CPSC encourages you to submit electronic 
comments by using the Federal eRulemaking Portal, as described above.
    Mail/hand delivery/courier Written Submissions: Submit comments 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) 504-7479.
    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: https://www.regulations.gov. Do not submit electronically confidential business 
information, trade secret information, or other sensitive or protected 
information that you do not want to be available to the public. If you 
wish to submit such information please submit it according to the 
instructions for written submissions.
    Docket: For access to the docket to read background documents or 
comments received, go to: https://www.regulations.gov, and insert the 
docket number, CPSC-2010-0055, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Cynthia Gillham, Consumer Product 
Safety Commission, 4330 East West Highway, Bethesda, MD 20814; (301) 
504-7791, or by email to: [email protected].

SUPPLEMENTARY INFORMATION: 

A. Background

    Approximately 344 establishments produce mattresses. The Standard 
for the Flammability of Mattresses and Mattress Pads, 16 CFR part 1632 
(part 1632 standard), was promulgated under section 4 of the Flammable 
Fabrics Act (FFA), 15 U.S.C. 1193, to reduce unreasonable risks of burn 
injuries and deaths from fires associated with mattresses and mattress 
pads. The part 1632 standard prescribes requirements to test whether a 
mattress or mattress pad will resist ignition from a smoldering 
cigarette. The part 1632 standard also requires manufacturers to 
perform prototype tests of each combination of materials and 
construction methods used to produce mattresses or mattress pads and to 
obtain acceptable results from such testing. Manufacturers and 
importers must maintain the records and test results specified under 
the standard.
    The Commission also promulgated the Standard for the Flammability 
(Open Flame) of Mattress Sets, 16 CFR part 1633 (part 1633 standard), 
under section 4 of the FFA to reduce deaths and injuries related to 
mattress fires, particularly those ignited by open-flame sources, such 
as lighters, candles, and matches. The part 1633 standard requires 
manufacturers to maintain certain records to document compliance with 
the standard, including maintaining records concerning

[[Page 14656]]

prototype testing, pooling, and confirmation testing, and quality 
assurance procedures and any associated testing. The required records 
must be maintained for as long as mattress sets based on the prototype 
are in production and must be retained for 3 years thereafter. Although 
some larger manufacturers may produce mattresses based on more than 100 
prototypes, most mattress manufacturers base their complying production 
on 15 to 20 prototypes. OMB previously approved the collection of 
information for 16 CFR parts 1632 and 1633, under control number 3041-
0014, with an expiration date of June 30, 2020. The information 
collection requirements under the part 1632 standard are separate from 
the testing and recordkeeping requirements under the part 1633 
standard.

B. Burden Hours

    16 CFR 1632: Staff estimates that there are 344 respondents. It is 
estimated that each respondent will spend 26 hours for testing and 
record keeping annually for a total of 8,944 hours (344 establishments 
x 26 hours = 8,944). The hourly compensation for the time required for 
record keeping is $70.17 (for management, professional, and related 
occupations in goods-producing industries, Bureau of Labor Statistics, 
September, 2019). The annualized cost to respondents would be 
approximately $627,600 (8,944 hours x $70.17).
    16 CFR 1633: The standard requires detailed documentation of 
prototype identification and testing records, model and prototype 
specifications, inputs used, name and location of suppliers, and 
confirmation of test records, if establishments choose to pool a 
prototype. This documentation is in addition to documentation already 
conducted by mattress manufacturers in their efforts to meet 16 CFR 
part 1632. Staff estimates that there are 344 respondents. Based on 
staff estimates, the recordkeeping requirements are expected to require 
about 4 hours and 44 minutes per establishment, per qualified 
prototype. Although some larger manufacturers reportedly are producing 
mattresses based on more than 100 prototypes, most mattress 
manufacturers probably base their complying production on 15 to 20 
prototypes, according to an industry representative contacted by staff. 
Assuming that establishments qualify their production with an average 
of 20 different qualified prototypes, recordkeeping time is about 94.6 
hours (4.73 hours x 20 prototypes) per establishment, per year. (Note 
that pooling among establishments or using a prototype qualification 
for longer than 1 year will reduce this estimate). This translates to 
an estimated annual recordkeeping time cost to all mattress producers 
of 32,542 hours (94.6 hours x 344 establishments). The hourly 
compensation for the time required for record keeping is $70.17 (for 
management, professional, and related occupations in goods-producing 
industries, Bureau of Labor Statistics, September, 2019). The annual 
total estimated costs for recordkeeping are approximately $2,283,500 
(32,542 hours x $70.17).
    The total estimated annual cost to the 344 establishments for the 
burden hours associated with both 16 CFR part 1632 and 16 CFR part 1633 
is approximately $2.8 million.

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.

Alberta E. Mills,
 Secretary, Consumer Product Safety Commission.
[FR Doc. 2020-05137 Filed 3-12-20; 8:45 am]
 BILLING CODE 6355-01-P