[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Notices]
[Pages 52542-52543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18439]


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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2012-0058]


Agency Information Collection Activities; Submission for OMB 
Review; 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 of 1995, the 
Consumer Product Safety Commission (CPSC or Commission), announces that 
the Commission has submitted to the Office of Management and Budget 
(OMB) a request for extension of approval for information collection 
related to testing and recordkeeping requirements in the Safety 
Standard for Walk-Behind Power Lawn Mowers, previously approved under 
OMB Control No. 3041-0091. On June 8, 2022, CPSC published a notice in 
the Federal Register announcing the agency's intent to seek this 
extension. CPSC received one comment in response to that notice, which 
we address below.

DATES: Submit written or electronic comments on the collection of 
information by September 26, 2022.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to: www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function. In 
addition, written comments that are sent to OMB also should be 
submitted electronically at: http://www.regulations.gov, under Docket 
No. CPSC-2012-0058.

FOR FURTHER INFORMATION CONTACT: Cynthia Gillham, Consumer Product 
Safety Commission, 4330 East West Highway, Bethesda, MD 20814; (301) 
504-7991, or by email to: [email protected].

SUPPLEMENTARY INFORMATION: On June 8, 2022, CPSC published a notice in 
the Federal Register announcing the agency's intent to seek an 
extension for this information collection. 87 FR 34862. CPSC received 
one comment in response to that notice from the Outdoor Power Equipment 
Institute (OPEI). OPEI is a trade association with more than 100 
manufacturers and their suppliers of gas and electric-powered outdoor 
power equipment, including lawn mowers. OPEI requested a meeting with 
CPSC to discuss two requirements in the standard: walk-behind, rotary 
power mower protective shields, and warning label for reel type and 
rotary power mowers. Accordingly, OPEI's letter has been referred to 
CPSC's Office of Hazard Identification and Reduction for review. 
Although the commenter did not provide any specific comments on the 
burden hour estimates made by CPSC, OPEI asserts that there are almost 
6 million mowers tested and labelled to meet the CPSC standard each 
year. In addition, OPEI claims that member manufacturers employ 
multiple personnel test to the standard, label and apply warnings, and 
maintain records. All of these requirements, according to OPEI, 
``requires the use of dedicated technicians, which requires 
considerable employee time per day per establishment.'' Based on OPEI's 
assertions, CPSC has updated the burden estimates for the collection of 
information, as follows:
    CPSC has increased the estimated time burden for conducting a 
reasonable testing program from 3 hours daily, to 8 and increased the 
estimate of the total hour burden for testing by industry from 11,310 
hours to 30,160 hours. Accordingly, the estimated annual cost burden 
for testing by industry is increased from $796,224 to $2,308,936.50. 
The CPSC hourly wage estimate matches the description of the technical 
expertise needed, as described by OPEI. With these changes, CPSC seeks 
to renew the following currently approved collection of information:
    Title: Safety Standard for Walk-Behind Power Lawn Mowers.
    OMB Number: 3041-0091.
    Type of Review: Renewal of collection.
    Frequency of Response: On occasion.
    Affected Public: Manufacturers and importers of walk-behind power 
lawn mowers.
    Estimated Number of Respondents: Approximately 29 manufacturers and 
importers of walk-behind power lawn mowers.

[[Page 52543]]

    Estimated Time per Response: Walk-behind power lawn mowers are 
manufactured seasonally to meet demand. They are manufactured during an 
estimated 130 days out of the year. When they are manufactured, firms 
are required to test and maintain records of those tests. Staff 
estimates 8 hours daily for testing and recordkeeping per firm, 
totaling 1040 hours per firm (8 hours x 130 days). In addition, to 
produce labels and apply labels on the newly manufactured lawn mowers, 
staff estimates 1 hour daily for each firm during the production cycle 
for a total of 130 hours per firm (1 hour x 130 days).
    Total Estimated Annual Burden: Staff estimates 30,160 hours on 
testing and recordkeeping (29 firms x 1,040 hours) and 3,770 hours for 
labeling (29 firms x 130 hours). Aggregate annual burden hours related 
to testing, recordkeeping, and labeling are estimated to be 1,170 hours 
(1040 + 130) per firm and 33,930 hours (30,160 + 3,770) for the 
industry. The annual testing, reporting and recordkeeping costs burden 
is estimated to be $2,176,044, based on 30,160 hours x $72.15 (total 
compensation for management, professional, and related workers in 
goods-producing industries); and the annual cost burden related to 
labeling is estimated to be $132,892.50, based on 3,770 hours x $35.25 
(total compensation for all sales and office workers in goods-producing 
industries).\1\ Aggregate annual burden costs related to testing, 
recordkeeping, and labeling are estimated to be $2,308,936.50 
($2,176,044 + $132,892.50) for the industry.
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    \1\ Table 4. Private industry workers by occupational and 
industry group--2022 Q01 Results (bls.gov).
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    General Description of Collection: In 1979, the Commission issued 
the Safety Standard for Walk-Behind Power Lawn Mowers (16 CFR part 
1205) to address 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 lawn mowers. 16 CFR part 1205, subpart B.
    In addition, 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. The information collection is 
necessary because these regulations require manufacturers and importers 
to establish and maintain records to demonstrate compliance with the 
requirements for testing and labeling to support the certification of 
compliance.

Abioye Mosheim,
Acting Secretary, Consumer Product Safety Commission.
[FR Doc. 2022-18439 Filed 8-25-22; 8:45 am]
BILLING CODE 6355-01-P