[Federal Register Volume 87, Number 71 (Wednesday, April 13, 2022)]
[Pages 21873-21877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07894]



[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.


SUMMARY: As required by the Paperwork Reduction Act of 1995, 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 

DATES: Submit written or electronic comments on the collection of 
information by June 13, 2022.

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: https://www.regulations.gov. Follow the 
instructions for submitting comments. CPSC typically does not accept 
comments submitted by electronic mail

[[Page 21874]]

(email), except through https://www.regulations.gov. 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, 4330 East West Highway, Bethesda, MD 20814; 
telephone: (301) 504-7479. Alternatively, as a temporary option during 
the COVID-19 pandemic, you can email such submissions to: [email protected].
    Instructions: All submissions must include the agency name and 
docket number for this notice. CPSC may post all comments 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 
mail/hand delivery/courier 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-2010-0038, into the ``Search'' box, and follow the 
prompts. A copy of the revised ``Supporting Statement'' for this 2022 
renewal of the burden estimate is available at: http://www.regulations.gov under Docket No. CPSC-2010-0038, Supporting and 
Related Material.

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: 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 of information for third 
party testing of children's products, which includes: (1) Previously 
approved burden for marking and labeling of certain durable infant and 
toddler products; (2) the labeling and recordkeeping requirements (not 
covered by the Commission's third party testing rule at 16 CFR part 
1107) set forth in the rule establishing requirements for electrically 
operated toys or other electrically operated articles intended for 
children (16 CFR part 1505) (electrically operated toys and other 
articles rule); and (3) recordkeeping and labeling requirements set 
forth in the ban on articles known as ``baby bouncers'' or ``walker-
jumpers'' (baby bouncer/walker-jumper rule, 16 CFR 1500.18(a)(6) and 
1500.86(a)(4)), or similar articles that are not covered by the safety 
standard for infant walkers (16 CFR part 1216) and that also are not 
covered by the third party testing rule or any other rule issued under 
section 104 of the Consumer Product Safety Improvement Act.

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 testing 
is the easiest and least expensive to accomplish. 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; the rule also requires 
attestations of due care to ensure test result integrity.
    Section 104 Rules: The Commission has issued 26 rules for durable 
infant and toddler products under section 104 of the Consumer Product 
Safety Improvement Act of 2008 (CPSIA) (section 104 rules). The Section 
104 rules that have been 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 
    Each standard also requires products to include easy-to-read and 
understand instructions regarding assembly, maintenance, cleaning, use, 
and adjustments, where applicable. See, e.g., sections 8 (marking and 
labeling) and 9 (instructional literature) of every ASTM voluntary 
standard incorporated by reference into a CPSC mandatory standard, as 
listed in Table 1.
    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 four additional section 104 rules that have been 
issued since the last renewal in 2019, into the collection of 
information for Third Party Testing of Children's Products (bold font 
in Table 1). 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 the section 104 products are 
also required to be third party tested. Having all of the burden

[[Page 21875]]

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 
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.
    Baby-Bouncer/Walker-Jumper Rule: The requirements for baby 
bouncers, baby walkers, and similar articles that are not covered by 16 
CFR part 1216 (Safety Standard for Infant Walkers) are set forth under 
16 CFR 1500.18(a)(6) and 1500.86(a)(4). These regulations establish 
criteria to use in determining whether certain baby-bouncers, walker-
jumpers, or similar products are banned. The regulation requires that 
each product be labeled with information that will permit future 
identification by the manufacturer of the particular model of bouncer 
or walker-jumper. In addition, manufacturers must maintain records of 
sale, distribution, and results of tests and inspections for 3 years 
and make such records available to CPSC, upon request. Products covered 
under this regulation are not duplicative of an existing section 104 
    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 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 20,000 manufacturers, 
almost 85,000 wholesalers, and about 263,000 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 311,400 non-apparel children's products and approximately 
1.2 million children's apparel and footwear products are covered by the 
    Section 104 Rules: Table 1 summarizes the section 104 rules for 
durable infant or 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 four 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
 Discontinued OMB Control    16 CFR part         Description           Mfrs.          Models        respondent
           No.                                                                                         hours
3041-0145................            1215   Safety Standard for               12               2              24
                                             Infant Bath Seats.
3041-0141................            1216   Safety Standard for               19               4              76
                                             Infant Walkers.
3041-0150................            1217   Safety Standard for              111              10           1,110
                                             Toddler Beds.
3041-0157................            1218   Safety Standard for               72               4             288
                                             Bassinets and
3041-0147................            1219   Safety Standard for               80              13           1,040
                                             Full-Size Cribs.
3041-0147................            1220   Safety Standard for               39               2              78
                                             Non-Full-Size Cribs.
3041-0152................            1221   Safety Standard for               34               4             136
                                             Play Yards.
3041-0160................            1222   Safety Standard for               13               2              26
                                             Infant Bedside
3041-0155................            1223   Safety Standard for                6               8              48
3041-0149................            1224   Safety Standard for               18               2              36
                                             Portable Bedrails.
3041-0158................            1225   Safety Standard for               78               2             156
                                             Hand-Held Infant
3041-0162................            1226   Safety Standard for               44               3             132
                                             Soft Infant and
                                             Toddler Carriers.
3041-0164................            1227   Safety Standard for              100               7             700
                                             Carriages and
3041-0167................            1228   Safety Standard for            1,000               2       \*\ 8,500
                                             Sling Carriers.
3041-0174................            1229   Safety Standard for               26               4             104
                                             Infant Bouncer
3041-0166................            1230   Safety Standard for               14               3              42
                                             Frame Child
3041-0173................            1231   Safety Standard for               83               3             249
                                             High Chairs.
3041-0172................            1232   Safety Standard for               17               2              34
                                             Children's Folding
                                             Chairs and Stools.
3041-0170................            1233   Safety Standard for                7               1               7
3041-0171................            1234   Safety Standard for               27               2              54
                                             Infant Bath Tubs.
3041-0175................            1235   Safety Standard for              141               6             846
                                             Baby Changing
                                     1236   Safety Standard for            1,325           6,528      \*\ 68,650
                                             Infant Sleep
3041-0178................            1237   Safety Standard for               52               2             104
                                             Booster Seats.
3041-0179................            1238   Safety Standard for               11               4              44
                                             Stationary Activity
3041-0182................            1239   Safety Standard for              127             3.6       \*\ 9,496
                                             Gates and
3041-0185................            1241   Safety Standard for               38              10             380
                                             Crib Mattresses.

[[Page 21876]]

    Total Burden Hours...  ...............  ....................  ..............  ..............          92,280
* Includes additional hours for instructional literature.
* Includes 6,500 hours for instructional literature.
** Includes 60,000 hours for instructional literature.
*** Includes 8,000 hours for instructional literature. The total estimated burden associated with labels is
  1,416 hours. Eighty small firms produce 2 models, while an additional 37 entities are estimated to produce 8
  models. Therefore, the 127 entities produce, on average, 3.6 models.

    Electrically Operated Toys and Other Articles Rule: CPSC staff 
estimates that about 40 manufacturers and importers are subject to this 
    Baby-Bouncer/Walker-Jumper Rule: CPSC staff estimates that about 
six firms are subject to the testing and recordkeeping requirements of 
this regulation.

Estimated Time per Response:

    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 311,400 non-apparel children's 
products are covered by the rule and that an average of 5 hours per 
year will be needed for the recordkeeping associated with these 
products. 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 
    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 1 hour per 
model. Some section 104 rules also contain requirements for 
instructional literature, and we have included estimates for 
instructional literature in this analysis, where required.
    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 3 years, and 1 hour to make 
labeling changes per model.
    Baby-Bouncer/Walker-Jumpers CPSC staff estimates that firms will 
spend 1 hour per model on recordkeeping requirements, and 1 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 5.2 million hours 
((311,400 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) = 1.6 million hours + 3.6 million 
hours, or a total of 5.2 million hours). Next, we describe the 
potential additional annual burden associated with use of a 
representative sampling plan and component part testing.
    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 suppliers of component parts and 
finished products 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 
    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, 
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

[[Page 21877]]

hour burden of the component part rule is estimated to be about 520,000 
hours total annually (10% of 5.2 million hours); allocating 468,000 
hours for recordkeeping and 52,000 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 92,280.
    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 
collection techniques, or other forms of information technology.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2022-07894 Filed 4-12-22; 8:45 am]