[Federal Register Volume 88, Number 165 (Monday, August 28, 2023)]
[Notices]
[Pages 58564-58565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18476]


-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2010-0055]


Agency Information Collection Activities; Submission for OMB 
Review; 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.

-----------------------------------------------------------------------

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 
requirements set forth in the Standard for the Flammability of 
Mattresses and Mattress Pads, and the Standard for the Flammability 
(Open Flame) of Mattress Sets, approved previously under OMB control 
number 3041-0014. On June 20, 2023, CPSC published a notice in the 
Federal Register to announce the agency's intention to seek extension 
of approval of the collection of information. The Commission has 
received no comments. Therefore, by publication of this notice, the 
Commission announces that CPSC has submitted to the OMB a request for 
extension of approval of that collection of information, without 
change.

DATES: Submit written or electronic comments not later than September 
27, 2023.

ADDRESSES: Submit comments about this request by email: 
[email protected] or fax: 202-395-6881. Comments by mail 
should be sent to the Office of Information and Regulatory Affairs, 
Attn: OMB Desk Officer for the CPSC, Office of Management and Budget, 
Room 10235, 725 17th Street NW, Washington, DC 20503. Comments by mail 
should be sent to the Office of Information and Regulatory Affairs, 
Attn: OMB Desk Officer for the CPSC, Office of Management and Budget, 
Room 10235, 725 17th Street NW, Washington, DC 20503. Written comments 
that are sent to OMB also should be submitted electronically at: http://www.regulations.gov, under Docket No. CPSC-2010-0055.

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

    In 1972, the Commission promulgated under section 4 of the 
Flammable Fabrics Act (FFA), 15 U.S.C. 1193, the Standard for the 
Flammability of Mattresses and Mattresses Pads, 16 CFR part 1632 (part 
1632), to reduce the unreasonable risk of burn injuries and deaths from 
fires associated with mattresses and mattress pads. 49 FR 19796. Part 
1632 prescribes requirements to test whether a mattress or mattress pad 
will resist ignition from a smoldering cigarette. Part 1632 also 
requires manufacturers to perform successfully prototype tests of each 
combination of materials and construction methods used to produce their 
mattresses or mattress pads. Manufacturers and importers must maintain 
the records and test results specified under the standard for three 
years.
    Also, to reduce deaths and injuries related to mattress fires, 
particularly those ignited by open-flame sources, such as lighters, 
candles, and matches, the Commission promulgated the Standard for the 
Flammability (Open Flame) of Mattress Sets, 16 CFR part 1633 (part 
1633), under section 4 of the FFA. Part 1633 requires manufacturers to 
maintain certain records to document compliance with the standard, 
including maintaining records concerning 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 be 
retained for three years thereafter.
    OMB previously approved the collection of information for parts 
1632 and 1633 under control number 3041-0014, with an expiration date 
of August 31, 2023. On June 20, 2023, the Commission published a notice 
in the Federal Register (88 FR 39832), to announce the agency's 
intention to seek extension of approval of the collection of 
information for control number 3041-0014. The Commission has received 
no comments. Therefore, by publication of this notice, the Commission 
announces that CPSC has submitted to the OMB a request for extension of 
approval of that collection of information, without change.

B. Burden Hours

    Part 1632: Commission staff estimates 403 respondents produce 
mattresses, and that each respondent will spend 26 hours for testing 
and record keeping annually, for a total of 10,478 hours (403 
establishments x 26 hours = 10,478). The hourly compensation for the 
time required for record keeping is $72.68 (for management, 
professional, and related occupations in goods-producing industries, 
Bureau of Labor Statistics, March 2023). Staff's estimated annualized 
cost to respondents is approximately $761,541 (10,478 hours x $72.68 
per hour).
    Part 1633: Part 1633 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 to meet part 1632. Staff again estimates that 
there are 403 respondents.
    Using these estimates, including records of reported burden hours 
since 2017, Commission staff estimates the recordkeeping requirements 
to require about 4 hours and 44 minutes per establishment, per 
qualified prototype. Most mattress manufacturers base their complying 
production on 15 to 20 prototypes, although some larger manufacturers 
reportedly are producing mattresses based on more than 100 prototypes. 
Assuming that establishments qualify their production with an average 
of 20 different qualified prototypes, recordkeeping time is about

[[Page 58565]]

94.6 hours (4.73 hours x 20 prototypes) per establishment, per year. 
This translates to an estimated annual recordkeeping time cost to all 
mattress producers of 38,124 hours (94.6 hours x 403 establishments). 
The hourly compensation for the time required for record keeping is 
$72.68 (for management, professional, and related occupations in goods-
producing industries, Bureau of Labor Statistics, March 2023).\1\ 
Accordingly, the annual total estimated cost for recordkeeping is 
approximately $2,770,852 (38,124 hours x $72.68 per hour). Pooling 
among establishments or using a prototype qualification for longer than 
1 year will reduce the hours required and associated cost, however.
---------------------------------------------------------------------------

    \1\ We updated this estimate from the June 20, 2023 notice (88 
FR 39833) to use the more recent March 2023 Bureau of Labor 
Statistics.
---------------------------------------------------------------------------

    The total estimated annual cost to the 403 establishments for the 
burden hours associated with parts 1632 and 1633 is approximately $3.5 
million ($761,541+ $2,770,852 = $3,532,393.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2023-18476 Filed 8-25-23; 8:45 am]
BILLING CODE 6355-01-P