[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Notices]
[Pages 21652-21655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07487]
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CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 2023-0004]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Testing and Labeling of Non-Children's Products
Containing or Designed To Use Button Cell or Coin Batteries and
Labeling of Button Cell or Coin Battery Packaging
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
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SUMMARY: On February 9, 2023, the Consumer Product Safety Commission
(CPSC or Commission) published a notice of proposed rulemaking (NPR) to
establish testing and labeling requirements for consumer products that
contain or are designed to use button cell or coin batteries, and for
the labeling of button cell or coin battery packaging. The NPR
estimated the burden associated with these requirements for children's
products, but did not include an estimated burden for testing and
labeling of non-children's products or for labeling button cell or coin
battery packaging. As required by the Paperwork Reduction Act of 1995,
the CPSC requests comments on a proposed collection of information for
Testing and Labeling of Non-Children's Products Containing or Designed
to Use Button Cell or Coin Batteries and Labeling of Button Cell or
Battery Packaging. CPSC will consider all comments received in response
to this notice before requesting a control number for this collection
of information from the Office of Management and Budget (OMB).
DATES: Submit written or electronic comments on the collection of
information by June 12, 2023.
ADDRESSES: You can submit comments, identified by Docket No. CPSC-2023-
0004, by any of the following methods:
Electronic Submissions: CPSC encourages you to 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
(email), except as described below.
Mail/Hand Delivery/Courier/Confidential Written Submissions: Submit
comments by mail, hand delivery, or courier to: Office of the
Secretary, Consumer Product Safety Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone: (301) 504-7479. If you wish to submit
[[Page 21653]]
confidential business information, trade secret information, or other
sensitive or protected information that you do not want to be available
to the public, you may submit such comments by mail, hand delivery, or
courier, or you may email them to: [email protected].
Instructions: All submissions must include the agency name and
docket number. 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
through this website: 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/confidential written submissions.
Docket: For access to the docket to read background documents or
comments received, go to: https://www.regulations.gov; insert the
docket number, CPSC-2023-0004, 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: The proposed rule to establish a Safety
Standard and Notification Requirements for Button Cell or Coin
Batteries and Consumer Products Containing Such Batteries (88 FR 8692
(Feb. 9, 2023)), to be codified at 16 CFR part 1263, contains
information collection requirements that are subject to public comment
and review by OMB under the Paperwork Reduction Act of 1995 (PRA; 44
U.S.C. 3501-3521). The NPR proposed to expand the collection of
information for Testing and Certification of Children's Products (OMB
Control No. 3041-0159) to include testing and labeling of children's
products containing button cell or coin batteries (88 FR at 8717-19),
but did not include burden estimates for a new collection of
information for non-children's products. In this notice we provide the
estimated burden associated with the testing and labeling of non-
children's products, and for labeling of button cell and coin battery
packaging.\1\ Under the PRA, an agency must publish the following
information:
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\1\ On April 4, 2023, the Commission voted (4-0) to publish this
notice.
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[ssquf] A title for the collection of information;
[ssquf] A summary of the collection of information;
[ssquf] A brief description of the need for the information and the
proposed use of the information;
[ssquf] A description of the likely respondents and proposed
frequency of response to the collection of information;
[ssquf] An estimate of the burden that will result from the
collection of information; and
[ssquf] Notice that comments may be submitted to OMB.
44 U.S.C. 3507(a)(1)(D). In accordance with this requirement, the
Commission provides the following information:
Title: Testing and Labeling of Non-Children's Products Containing
or Designed to Use Button Cell or Coin Batteries and Labeling of Button
Cell or Coin Battery Packaging.
Type of Review: New collection of information for testing and
labeling of non-children's products containing or designed to use
button cell or coin batteries and labeling of button cell or coin
battery packaging, as provided in the NPR to establish 16 CFR part
1263, which includes: (1) testing of non-children's products containing
or designed to use button cell or coin batteries, including creating a
general certificate of conformity (GCC); (2) labeling requirements for
non-children's products and for button cell or coin battery packaging,
including, as applicable, warnings on battery compartments, product
packaging, accompanying written materials (i.e., instructions, manuals,
hangtags, or inserts)) and websites; and (3) recordkeeping
requirements.
General Description of Collection
Summary, Need, and Use of Information: Based on the requirements in
Reese's Law, 15 U.S.C. 2056e(a) and (b), and section 27(e) of the
Consumer Product Safety Act (CPSA), 15 U.S.C. 2076(e), the proposed
rule prescribes performance requirements for child-resistant battery
compartments on children's and non-children's consumer products that
contain or are designed to use button cell or coin batteries, and
warning requirements for button cell and coin battery packaging,
consumer product packaging, consumer products, accompanying written
materials such as instructions, manuals, inserts, or hangtags, and
sales websites. These performance and labeling requirements are
intended to reduce or eliminate injuries and deaths associated with
children 6 years old and younger ingesting button cell or coin
batteries. This collection of information is solely for non-children's
consumer products, meaning (1) products that contain or are designed to
use button cell or coin batteries and are not designed or intended
primarily for children 12 years old or younger, and (2) labeling of
packages of button cell or coin batteries. 15 U.S.C. 2052(a)(2); 16 CFR
part 1200.
In addition to the testing and labeling requirements in the
proposed rule, section 14(a) of the CPSA requires that manufacturers
(including importers) of non-children's products subject to a rule
issue a general certificate of conformity. GCCs certify the products as
being compliant with applicable regulations and must be based on a test
of each product or a reasonable testing program. Unlike children's
products, products that have GCCs are not required to undergo third
party testing. Section 14(g) and 16 CFR part 1110 state the
requirements for GCCs. Among other requirements, each certificate must
identify the manufacturer issuing the certificate, any laboratory
conducting testing on which the certificate depends, the date and place
of manufacture, the date and place where the product was tested, each
party's name, full mailing address, and telephone number, and contact
information for the individual responsible for maintaining records of
test results. The certificates must be in English. The certificates
must be furnished to each distributor or retailer of the product and to
the CPSC, if requested.
Respondents and Frequency: Respondents include manufacturers and
importers of non-children's products that contain or are designed to
use button cell or coin batteries, and manufacturers and importers of
packages of button cell or coin batteries. Manufacturers and importers
must comply with the information collection requirements when non-
children's products that contain or use button cell or coin batteries,
and packages of button cell or coin batteries, are manufactured or
imported after the effective date of the proposed 16 CFR part 1263.
Estimated Burden: CPSC has estimated the respondents' burden in
hours, and the estimated labor costs to the respondents.
Estimate of Respondent Burden: The hourly reporting burden imposed
on firms that manufacture or import non-children's products that
contain button cell or coin batteries, and firms that manufacture or
import button cell or coin batteries, includes the time and cost to
create and maintain records related to testing of consumer products
(including issuing a GCC); product labeling, including required warning
labels on, as applicable: consumer product battery compartments,
product
[[Page 21654]]
packaging, accompanying written materials (i.e., instructions, manuals,
inserts, or hangtags), and point of sale notices including for websites
offering the sale of button cell or coin batteries.
Table 1--Estimated Annual Respondent Burden
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Frequency of Hours per Annual burden Annual burden
Burden type Respondents response response (hours) (costs)
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Labeling....................... 15,363 2 1 30,726 $1,332,586.62
Testing........................ 15,363 2 3 92,178 3,997,759.86
Recordkeeping.................. 15,363 2 1 30,726 1,332,586.62
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Total Burden............... .............. .............. .............. 153,630 6,662,933.10
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Based on available data from the U.S. Census Bureau, CPSC estimates
that there are 15,363 firms supplying non-children's consumer products
to the United States that contain or are designed to use button cell or
coin batteries, or that manufacture or import button cell or coin
batteries.\2\ Staff assumes that, on average, each manufacturer or
importer has two product models that must be tested, labeled, and
certified, annually. We estimate 3 hours per product to conduct
required testing of battery compartments and to issue a GCC, and 1 hour
to create and maintain records. Note that for button cell or battery
packaging that requires only labeling pursuant to the NPR, and not
product testing, this is an over-estimate.\3\ We estimate that the
burden to update required product labeling is about 1 hour per product.
Accordingly, as shown in Table 1, the total annual burden is 153,630
hours. Using the total compensation for all sales and office workers in
goods-producing private industries of $43.37 per hour,\4\ the total
estimated annual burden on firms supplying non-children's products to
comply with the rule is $6.67 million annually (153,630 hours x $43.37
= $6,662,933.10).
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\2\ These estimates include data available for NAICS subsector
335912--primary battery manufacturing, though not all battery
manufacturers would be impacted by the proposed rule.
\3\ Testing of button cell or coin battery packaging is not
required by the proposed rule, but is required by section 3 of
Reese's Law. Notes to 15 U.S.C. 2056e. This burden estimate is an
over-estimate likely large enough to also encompass testing of
battery packaging, but such testing is a statutory requirement not
included in the rulemaking.
\4\ U.S. Bureau of Labor Statistics, ``Employer Costs for
Employee Compensation,'' total compensation for private industry
workers in goods producing industries, Sept. 2022: https://www.bls.gov/news.release/archives/ecec_12152022.pdf.
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The product labeling burden estimate is the largest reasonably
possible, assuming every manufacturer (including importer) of consumer
products containing or designed to use button cell or coin batteries,
and every manufacturer (including importer) of button cell or coin
batteries, has to modify four product labels (battery compartment,
packaging, accompanying written materials, and websites) per product.
This is likely an over-estimate. Based on staff's review of non-
children's products that contain or are designed to use button cell or
coin batteries, and battery packaging, many of these products already
contain some type of warning on the product labels. Accordingly, CPSC
staff believes it possible that the burden to modify product labels
could be very low.
Under the OMB's regulations (5 CFR 1320.3(b)(2)), the time, effort,
and financial resources necessary to comply with a collection of
information that would be incurred by persons in the ``normal course of
their activities'' are excluded from the burden estimate where the
disclosure activities required to comply are ``usual and customary.''
If warning statements on battery compartments, product packaging, and
instructions/manuals is usual and customary for non-children's products
that contain or are designed to use button cell or coin batteries, then
any burden associated with warning labels would be ``usual and
customary'' and not within the definition of ``burden'' under the OMB's
regulations. We request comments on this potential estimate of no
burden for product labeling, including the preliminary analysis that
the largest possible burden estimate for the proposed standard to
require product labeling is 30,726 hours at a cost of $1,332,586.62
annually.
Labor Cost of Respondent Burden. According to the U.S. Bureau of
Labor Statistics (BLS), Employer Costs for Employee Compensation, the
total compensation cost per hour worked for all private industry
workers was $43.37 (September 2022, https://www.bls.gov/news.release/archives/ecec_12152022.pdf). Based on this analysis, CPSC estimates
that the labor required to respond would impose a cost to industry of
approximately $6,662,933.10 annually (153,630 hours x $43.37 =
$6,662,933.10).
Cost to the Federal Government. The estimated annual cost of the
information collection requirements to the Federal Government is
approximately $4,448, which includes 60 staff hours to examine and
evaluate the information, as needed, for CPSC's compliance activities.
This is based on a GS-12, step 5 level salaried employee. The average
hourly wage rate for a mid-level salaried GS-12 employee in the
Washington, DC metropolitan area (effective as of January 2023) is
$51.15 (GS-12, step 5). This represents 69.0 percent of total
compensation (U.S. Bureau of Labor Statistics, ``Employer Costs for
Employee Compensation,'' September 2022, Table 2., percentage of wages
and salaries for all civilian management, professional, and related
employees: https://www.bls.gov/news.release/archives/ecec_12152022.pdf). Adding an additional 31.0 percent for benefits
brings average annual compensation for a mid-level salaried GS-12
employee to $74.13 per hour. Assuming that approximately 60 hours will
be required annually, this results in an annual cost of $4,448 ($74.13
per hour x 60 hours = $4,447.8).
Comments. CPSC requests that interested parties submit comments
regarding this proposed information collection (see the ADDRESSES
section at the beginning of this notice). Pursuant to 44 U.S.C.
3506(c)(2)(A), the Commission specifically invites comments on:
whether the proposed collection of information is
necessary for the proper performance of CPSC's functions, including
whether the information will have practical utility;
[ssquf] the accuracy of CPSC's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
[ssquf] ways to enhance the quality, utility, and clarity of the
information the Commission proposes to collect;
[ssquf] ways to reduce the burden of the collection of information
on
[[Page 21655]]
respondents, including the use of automated collection techniques when
appropriate, and other forms of information technology;
[ssquf] the estimated burden hours associated with labels and hang
tags, including any alternative estimates; and
[ssquf] the estimated respondent cost other than burden hour cost.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2023-07487 Filed 4-10-23; 8:45 am]
BILLING CODE 6355-01-P