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[Federal Register: June 2, 2010 (Volume 75, Number 105)]
[Notices]               
[Page 30783-30784]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn10-52]                         

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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2009-0064]

 
Agency Information Collection Activities; Proposed Collection; 
Comment Request; Safety Standard for Infant Bath Seats

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

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SUMMARY: The Consumer Product Safety Commission (CPSC) is announcing an 
opportunity for public comment on the proposed collection of certain 
information by the agency. Under the Paperwork Reduction Act of 1995 
(the PRA), Federal agencies are required to publish notice in the 
Federal Register concerning each proposed collection of information, 
and to allow 60 days for public comment in response to the notice. This 
notice solicits comments on the burden estimates for the marking and 
instructional literature requirements in the Safety Standard for Infant 
Bath Seats.

DATES: Submit written or electronic comments on the collection of 
information by August 2, 2010.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2009-
0064, by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    To ensure timely processing of comments, the Commission is no 
longer accepting comments submitted by electronic mail (e-mail) except 
through http://www.regulations.gov.

Written Submissions

    Submit written submissions in the following way:
    Mail/Hand delivery/Courier (for paper, disk, or CD-ROM 
submissions), preferably in five copies, to: Office of the Secretary, 
Consumer Product Safety Commission, Room 502, 4330 East West Highway, 
Bethesda, MD 20814; telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and docket number for this notice. All comments received may be posted 
without change, including any personal identifiers, contact 
information, or other personal information provided, to http://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
electronically. Such information should be submitted in writing.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Patricia Edwards, Project Manager, 
Directorate for Engineering Sciences, Consumer Product Safety 
Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 
504-7577; pedwards@cpsc.gov.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
agencies must obtain approval from the Office of Management and Budget 
(OMB) for each collection of information they conduct or sponsor. 
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes agency requests or requirements that members of 
the public submit reports, keep records, or provide

[[Page 30784]]

information to a third party. Section 3506(c)(2)(A) of the PRA (44 
U.S.C. 3506(c)(2)(A)) requires Federal agencies to provide a 60-day 
notice in the Federal Register concerning each proposed collection of 
information before submitting the collection to OMB for approval. To 
comply with this requirement, the CPSC is publishing notice of the 
proposed collection of information set forth in this document.
    With respect to the following collection of information, the CPSC 
invites comments on these topics: (1) Whether the proposed collection 
of information is necessary for the proper performance of CPSC's 
functions, including whether the information will have practical 
utility; (2) the accuracy of CPSC's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques, when 
appropriate, and other forms of information technology.
    Title: Safety Standard for Infant Bath Seats--16 CFR 1215
    Description: The rule would require each infant bath seat to comply 
with ASTM F 1967-08a, Standard Consumer Safety Specification for Infant 
Bath Seats.'' Sections 8 and 9 of ASTM F 1967-08a contain requirements 
for marking and instructional literature.
    We estimate the burden of this collection of information as 
follows:

                                   Table 1--Estimated Annual Reporting Burden
----------------------------------------------------------------------------------------------------------------
                                     Number of     Frequency  of   Total annual      Hours per     Total burden
         16 CFR section             respondents      responses       responses       response          hours
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1215.2(a).......................               2               1               2             0.5               1
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    There are no capital costs or operating and maintenance costs 
associated with this collection of information.
    Our estimates are based on the following:
    Proposed 16 CFR 1215.2(a) would require each infant bath seat to 
comply with ASTM F 1967-08a. Sections 8 and 9 of ASTM F 1967-08a 
contain requirements for marking and instructional literature that are 
disclosure requirements, thus falling within the definition of 
``collections of information'' at 5 CFR 1320.3(c).
    Section 8.6.1 of ASTM F 1967-08a requires that the name and 
``either the place of business (city, State, and mailing address, 
including zip code) or telephone number, or both'' of the manufacturer, 
distributor, or seller be clearly and legibly marked on ``each product 
and its retail package.'' Section 8.6.2 of ASTM F 1967-08a requires 
that ``a code mark or other means that identifies the date (month and 
year as a minimum) of manufacture'' be clearly and legibly marked on 
``each product and its retail package.'' In both cases, the information 
must be placed on both the product and the retail package.
    There are three known firms supplying bath seats to the United 
States market. One of the three firms is known to already produce 
labels that comply with sections 8.6.1 and 8.6.2 of the standard, so 
there would be no additional burden on this firm. The remaining two 
firms are assumed to already use labels on both their products and 
their packaging, but might need to make some modifications to their 
existing labels. The estimated time required to make these 
modifications is about 30 minutes per model. Each of these firms 
supplies an average of one model of infant bath seat, therefore, the 
estimated burden hours associated with labels is 30 minutes x 2 firms x 
1 model per firm = 60 minutes or 1 annual hour.
    The Commission estimates that hourly compensation for the time 
required to create and update labels is $27.78 (Bureau of Labor 
Statistics, September 2009, all workers, goods-producing industries, 
Sales and office, Table 9). Therefore, the estimated annual cost 
associated with the Commission-recommended labeling requirements is 
approximately $27.78.
    Section 9.1 of ASTM F 1967-08a requires instructions to be supplied 
with the product. Infant bath seats are products that generally require 
some installation and maintenance, and products sold without such 
information would not be able to successfully compete with products 
supplying this information. Under 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 
a burden estimate where an agency demonstrates that the disclosure 
activities needed to comply are ``usual and customary.'' Therefore, 
because the CPSC is unaware of infant bath seats that: (a) Generally 
require some installation, but (b) lack any instructions to the user 
about such installation, we tentatively estimate that there are no 
burden hours associated with the instruction requirement in section 9.1 
of ASTM F 1967-08a because any burden associated with supplying 
instructions with an infant bath seat would be ``usual and customary'' 
and not within the definition of ``burden'' under OMB's regulations.
    Based on this analysis, the requirements of the bath seat rule 
would impose a burden to industry of 1 hour at a cost of $27.78.

    Dated: May 25, 2010.
Todd Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2010-13087 Filed 6-1-10; 8:45 am]
BILLING CODE 6355-01-P
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