[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Notices]
[Pages 39833-39834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13051]


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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2009-0092]


Proposed Extension of Approval of Information Collection; Comment 
Request--Clothing Textiles, Vinyl Plastic Film

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) invites 
comments on a proposed request for extension of approval of a 
collection of information from manufacturers and importers of clothing, 
textiles and related materials intended for use in clothing under the 
Standard for the Flammability of Clothing Textiles and the Standard for 
the Flammability of Vinyl Plastic Film. These regulations establish 
requirements for testing and recordkeeping for manufacturers and 
importers who furnish guaranties for products subject to these 
standards. The Office of Management and Budget (OMB) previously 
approved the collection of information under control number 3041-0024. 
OMB's most recent extension of approval will expire on August 31, 2023. 
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 
August 21, 2023.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2009-
0092, 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 
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-2009-0092, 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)

[[Page 39834]]

504-7791, or by email to: [email protected].

SUPPLEMENTARY INFORMATION: 

A. Background

    The Commission has promulgated several standards under section 4 of 
the Flammable Fabrics Act (FFA; 15 U.S.C. 1193) to prohibit the use of 
dangerously flammable textiles and related materials in wearing 
apparel. Clothing and fabrics intended for use in clothing (except 
children's sleepwear in sizes 0 through 14) are subject to the Standard 
for the Flammability of Clothing Textiles (16 CFR part 1610). Clothing 
made from vinyl plastic film and vinyl plastic film intended for use in 
clothing (except children's sleepwear in sizes 0 through 14) is subject 
to the Standard for the Flammability of Vinyl Plastic Film (16 CFR part 
1611). This standard prescribes a test to ensure that articles of 
wearing apparel, and fabrics and film intended for use in wearing 
apparel, are not dangerously flammable because of rapid and intense 
burning. (Children's sleepwear and fabrics and related materials 
intended for use in children's sleepwear in sizes 0 through 14 are 
subject to other, more stringent flammability standards codified at 16 
CFR parts 1615 and 1616.)
    Section 8 of the FFA (15 U.S.C. 1197) provides that a person who 
receives a guaranty in good faith that a product complies with an 
applicable flammability standard is not subject to criminal prosecution 
for a violation of the FFA resulting from the sale of any product 
covered by the guaranty. The CPSC uses the information compiled and 
maintained by firms that issue these guaranties to help protect the 
public from risks of injury or death associated with flammable clothing 
and fabrics and vinyl film intended for use in clothing. In addition, 
the information helps the CPSC arrange corrective actions if any 
products covered by a guaranty fail to comply with the applicable 
standard in a manner that creates a substantial risk of injury or death 
to the public. Section 8 of the FFA requires that a guaranty must be 
based on ``reasonable and representative tests.'' The testing and 
recordkeeping requirements for firms that issue guaranties are set 
forth under 16 CFR part 1610, subpart B, and 16 CFR part 1611, subpart 
B.

B. Burden

    The CPSC estimates that approximately 1,000 firms issue guaranties. 
Although the CPSC's records indicate that approximately 675 firms have 
filed continuing guaranties with the Commission, staff believes 
additional guaranties may be issued that are not filed with the 
Commission, because continuing guaranties are not required to be filed 
with the Commission. Accordingly, staff has rounded the estimated 
number of firms upwards to 1,000 to account for those additional 
guaranties. Staff has estimated the burden hours based on an estimate 
of the time for each firm to conduct testing, issue guaranties, and 
establish and maintain associated records.
     Burden Hours per Firm--An estimated 5 hours for each test 
series per firm, using either the test and conditioning procedures in 
the regulations or alternate methods. Although many firms are exempt 
from testing to support guaranties under 16 CFR 1610.1(d), CPSC staff 
does not know the proportion of those firms that are testing versus 
those that are exempt. Thus, staff has included testing for all firms 
in the burden estimates.
     Guaranties Issued per Firm--On average, 20 new guaranties 
are issued per firm per year for new fabrics or garments.
     Estimated Annual Testing Time per Firm--100 hours per firm 
(5 hours for testing x 20 guaranties issued = 100 hours per firm).
     Estimated Annual Recordkeeping per Firm--1 hour to create, 
record, and enter test data into a computerized dataset; 20 minutes (= 
0.33 hours) for annual review/removal of records; 20 minutes (= 0.33 
hours) to respond to one CPSC records request per year; for a total of 
1.7 recordkeeping hours per firm (1 hour + .33 hours + .33 hours = 1.7 
hours per firm).
     Total Estimated Annual Burden Hours per Firm--100 hours 
estimated annual testing time per firm + 1.7 estimated annual 
recordkeeping hours per firm = 101.7 hours per firm.
     Total Estimated Annual Industry Burden Hours--101.7 hours 
per firm x 1,000 firms issuing guaranties =101,700 industry burden 
hours. The total annual industry burden imposed by the flammability 
standards for clothing textiles and vinyl plastic film and enforcement 
regulations on manufacturers and importers of garments, fabrics, and 
related materials is estimated to be approximately 101,700 hours (101.6 
hours per firm x 1,000 firms).
     Total Annual Industry Cost --The hourly wage for the 
testing and recordkeeping required by the standards is approximately 
$72.91 (for management, professional, and related occupations in goods-
producing industries, Bureau of Labor Statistics, September 2022), for 
an estimated annual cost to the industry of approximately $7.4 million 
(101,700 x $72.91 per hour = $7,414,947).

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. 2023-13051 Filed 6-16-23; 8:45 am]
BILLING CODE 6355-01-P