Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Notices 58561 

Other business will be discussed as 

necessary. 

Although non-emergency issues not 

contained on the agenda may come 

before this Council for discussion, those 

issues may not be the subject of formal 

action during this meeting. Council 

action will be restricted to those issues 

specifically listed in this notice and any 

issues arising after publication of this 

notice that require emergency action 

under section 305(c) of the MagnusonStevens Act, provided the public has 

been notified of the Council’s intent to 

take final action to address the 

emergency. The public also should be 

aware that the meeting will be recorded. 

Consistent with 16 U.S.C. 1852, a copy 

of the recording is available upon 

request. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to 

Thomas A. Nies, Executive Director, at 

(978) 465–0492, at least 5 days prior to 

the meeting date. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 22, 2023. 

Rey Israel Marquez, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–18434 Filed 8–25–23; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 23–C0003] 

Whirlpool Corporation 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: The Commission publishes in 

the Federal Register any settlement that 

it provisionally accepts under the 

Consumer Product Safety Act. 

Published below is a provisionally 

accepted Settlement Agreement with 

Whirlpool Corporation containing a 

civil penalty in the amount of 

$11,500,000, subject to the terms and 

conditions of the Settlement Agreement. 

The Commission voted unanimously (4– 

0) to provisionally accept the proposed 

Settlement Agreement and Order 

pertaining to Whirlpool Corporation. 

DATES: Any interested person may ask 

the Commission not to accept this 

agreement or otherwise comment on its 

contents by filing a written request with 

the Office of the Secretary by September 

12, 2023. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to 

Comment 23–C0003, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814; telephone: (240) 

863–8938 (mobile), (301) 504–7479 

(office); email: cpsc-os@cpsc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Kessler, Trial Attorney, Division 

of Enforcement and Litigation, Office of 

Compliance and Field Operations, 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, 

Maryland 20814; jkessler@cpsc.gov, 

301–504–7602 (office). 

SUPPLEMENTARY INFORMATION: The text of 

the Settlement Agreement and Order 

appear below. 

Dated: August 23, 2023. 

Alberta E. Mills, 

Secretary. 

United States of America 

Consumer Product Safety Commission 

In the Matter of: Whirlpool Corporation 

CPSC Docket No.: 23–C0003 

Settlement Agreement 

1. In accordance with the Consumer 

Product Safety Act, 15 U.S.C. 2051– 

2089 (‘‘CPSA’’), and 16 CFR 1118.20, 

Whirlpool Corporation (‘‘Whirlpool’’ or 

the ‘‘Firm’’), and the United States 

Consumer Product Safety Commission 

(‘‘Commission’’), through its staff, 

hereby enter into this Settlement 

Agreement (‘‘Agreement’’). The 

Agreement and the incorporated 

attached Order resolve staff’s charges set 

forth below. 

The Parties 

2. The Commission is an independent 

federal regulatory agency, established 

pursuant to, and responsible for, the 

enforcement of the CPSA, 15 U.S.C. 

2051–2089. By executing the 

Agreement, staff is acting on behalf of 

the Commission, pursuant to 16 CFR 

1118.20(b). The Commission issues the 

Order under the provisions of the CPSA. 

3. Whirlpool is a corporation, 

organized and existing under the laws of 

the state of Delaware, with its principal 

place of business in Benton Harbor, 

Michigan. 

Staff Charges 

4. Between December 2016 and July 

2019, Whirlpool manufactured and 

distributed in the United States 

approximately 20,000 units of various 

KitchenAid, Whirlpool, and JennAir 

electric radiant heat glass cooktops, 

model numbers KCES950HSS, 

KCES950HBL, KCES956HSS, 

KCES956HBL, WCE97US0HS, 

WCE97US0HB, WCE97US6HS, 

WCE97US6HB, JEC4430HS, JEC4430HB, 

JEC4536HS, JEC4536HB, JEC4424HB, 

JED4430GB, JED4430GS, JED4536GB, 

and JED4536GS (‘‘Subject Products’’). 

5. The Subject Products are 

‘‘consumer products’’ that were 

‘‘manufactured’’ and ‘‘distribut[ed] in 

commerce,’’ as those terms are defined 

or used in sections 3(a)(5), (7), and (10) 

of the CPSA, 15 U.S.C. 2052(a)(5), (8), 

and (10). Whirlpool is a ‘‘manufacturer’’ 

of the Subject Products, as such term is 

defined in section 3(a)(11) of the CPSA, 

15 U.S.C. 2052(a)(11). 

Violation of CPSA Section 19(a)(4) 

6. The Subject Products contain a 

defect which could create a substantial 

product hazard or create an 

unreasonable risk of serious injury or 

death because one or more cooktop 

surface elements can turn on by 

themselves, posing a fire and burn 

hazard. 

7. Beginning in November 2017 and 

continuing into 2019, Whirlpool 

received numerous reports from 

consumers that cooktop surface 

elements turned on by themselves. 

8. Between 2007 and 2015, CPSC had 

publicly announced at least five recalls 

involving gas or electric cooktops 

manufactured by other firms reportedly 

turning on by themselves or not turning 

off, with each recall announcement 

warning that the defect presented a fire 

or burn hazard. 

9. Despite possessing information that 

reasonably supported the conclusion 

that the Subject Products contained a 

defect that could create a substantial 

product hazard or created an 

unreasonable risk of serious injury or 

death, Whirlpool did not immediately 

report to the Commission. 

10. By the time Whirlpool filed an 

initial report with the Commission 

under 15 U.S.C. 2064(b) concerning the 

Subject Products, the Firm had received 

at least 157 reports of Subject Products 

turning on by themselves, including 14 

reports of property damage, four reports 

of objects igniting, and two reports of 

minor burns. 

11. The Commission and Whirlpool 

jointly announced the recall of the 

Subject Products on August 28, 2019. 

Failure to Timely Report 

12. Despite having information 

reasonably supporting the conclusion 

that the Subject Products contained a 

defect or created an unreasonable risk of 

serious injury or death, Whirlpool did 

not notify the Commission immediately 

of such defect or risk, as required by 

section 15(b)(4) of the CPSA, 15 U.S.C. 


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58562 Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Notices 

2064(b)(4), in violation of section 

19(a)(4) of the CPSA, 15 U.S.C. 

2068(a)(4). 

13. Because the information in 

Whirlpool’s possession about the 

Subject Products constituted actual and 

presumed knowledge, Whirlpool 

knowingly violated section 19(a)(4) of 

the CPSA, 15 U.S.C. 2068(a)(4), as the 

term ‘‘knowingly’’ is defined in section 

20(d) of the CPSA, 15 U.S.C. 2069(d). 

14. Pursuant to section 20 of the 

CPSA, 15 U.S.C. 2069, Whirlpool is 

subject to civil penalties for its knowing 

violation of section 19(a)(4) of the 

CPSA, 15 U.S.C. 2068(a)(4). 

Response of Whirlpool 

15. This agreement does not 

constitute an admission by Whirlpool to 

the staff’s charges as set forth in 

paragraphs 4 through 14 above, 

including without limitation that the 

Subject Products contained a defect that 

could create a substantial product 

hazard or created an unreasonable risk 

of serious injury or death; that 

Whirlpool failed to notify the 

Commission in a timely matter in 

accordance with section 15(b) of the 

CPSA, 15 U.S.C. 2064(b); and that 

Whirlpool knowingly violated section 

19(a)(4) of the CPSA, 15 U.S.C. 

2068(a)(4), as the term ‘‘knowingly’’ is 

defined in section 20(d) of the CPSA, 15 

U.S.C. 2069(d). 

16. Whirlpool enters into this 

Agreement to settle this matter and to 

avoid the cost, distraction, delay, 

uncertainty, and inconvenience of 

protracted litigation or other 

proceedings. Whirlpool does not admit 

that it violated the CPSA or any other 

law, and Whirlpool’s willingness to 

enter into this Agreement and Order 

does not constitute, nor is it evidence of, 

an admission by Whirlpool of liability 

or violation of any law. 

17. At all relevant times, Whirlpool 

has had a product safety compliance 

program, both to help ensure the safety 

of its products before they are marketed 

and to identify, monitor and evaluate 

potential product safety issues on an 

ongoing basis. Whirlpool maintains that 

upon identifying the reported issue, 

Whirlpool promptly notified CPSC and 

voluntarily recalled the Subject 

Products pursuant to CPSC’s Fast Track 

recall program. 

Agreement of the Parties 

18. Under the CPSA, the Commission 

has jurisdiction over the matter 

involving the Subject Products and over 

Whirlpool. 

19. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Whirlpool or a 

determination by the Commission that 

Whirlpool violated the CPSA. 

20. In settlement of staff’s charges, 

Whirlpool shall pay a civil penalty in 

the amount of eleven million, five 

hundred thousand dollars ($11,500,000) 

(‘‘Total Civil Penalty Amount’’). The 

$11,500,000 payment shall be paid 

within thirty (30) calendar days after 

receiving service of the Commission’s 

final Order accepting the Agreement. 

All payments to be made under the 

Agreement shall constitute debts owing 

to the United States and shall be made 

by electronic wire transfer to the United 

States via http://www.pay.gov, for 

allocation to, and credit against, the 

payment obligations of Whirlpool under 

this Agreement. Failure to make such 

payment by the date specified in the 

Commission’s final Order shall 

constitute Default. 

21. The Commission or the United 

States may seek enforcement for any 

breach of, or any failure to comply with, 

any provision of this Agreement and 

Order in United States District Court, to 

seek relief including, but not limited to, 

collecting amounts due. 

22. All unpaid amounts, if any, due 

and owing under the Agreement, shall 

constitute a debt due and immediately 

owing by Whirlpool to the United 

States, and interest shall accrue and be 

paid by Whirlpool at the federal legal 

rate of interest set forth at 28 U.S.C. 

1961(a) and (b) from the date of Default, 

until all amounts due have been paid in 

full (hereinafter ‘‘Default Payment 

Amount’’ and ‘‘Default Interest 

Balance’’). Whirlpool shall consent to a 

Consent Judgment in the amount of the 

Default Payment Amount and Default 

Interest Balance, and the United States, 

at its sole option, may collect the entire 

Default Payment Amount and Default 

Interest Balance, or exercise any other 

rights granted by law or in equity, 

including, but not limited to, referring 

such matters for private collection, and 

Whirlpool agrees not to contest, and 

hereby waives and discharges any 

defenses to, any collection action 

undertaken by the United States, or its 

agents or contractors, pursuant to this 

paragraph. Whirlpool shall pay the 

United States all reasonable costs of 

collection and enforcement under this 

paragraph, respectively, including 

reasonable attorney’s fees and expenses. 

23. After staff receives this Agreement 

executed on behalf of Whirlpool, staff 

shall promptly submit the Agreement to 

the Commission for provisional 

acceptance. Promptly following 

provisional acceptance of the 

Agreement by the Commission, the 

Agreement shall be placed on the public 

record and published in the Federal 

Register, in accordance with the 

procedures set forth in 16 CFR 

1118.20(e). If the Commission does not 

receive any written request not to accept 

the Agreement within fifteen (15) 

calendar days, the Agreement shall be 

deemed finally accepted on the 16th 

calendar day after the date the 

Agreement is published in the Federal 

Register, in accordance with 16 CFR 

1118.20(f). 

24. This Agreement is conditioned 

upon, and subject to, the Commission’s 

final acceptance, as set forth above, and 

it is subject to the provisions of 16 CFR 

1118.20(h). Upon the later of: (i) 

Commission’s final acceptance of this 

Agreement and service of the accepted 

Agreement upon Whirlpool, and (ii) the 

date of issuance of the final Order, this 

Agreement shall be in full force and 

effect, and shall be binding upon the 

parties. 

25. Effective upon the later of: (1) the 

Commission’s final acceptance of the 

Agreement and service of the accepted 

Agreement upon Whirlpool and (2) and 

the date of issuance of the final Order, 

for good and valuable consideration, 

Whirlpool hereby expressly and 

irrevocably waives and agrees not to 

assert any past, present, or future rights 

to the following, in connection with the 

matter described in this Agreement: 

(i) an administrative or judicial 

hearing; 

(ii) judicial review or other challenge 

or contest of the Commission’s actions; 

(iii) a determination by the 

Commission of whether Whirlpool 

failed to comply with the CPSA and the 

underlying regulations; 

(iv) a statement of findings of fact and 

conclusions of law; and 

(v) any claims under the Equal Access 

to Justice Act. 

26. Whirlpool shall maintain its 

compliance program (‘‘Compliance 

Program’’) designed to ensure 

compliance with the CPSA (‘‘applicable 

law’’) with respect to any consumer 

product imported, manufactured, 

distributed or sold by Whirlpool, which 

shall contain the following elements: 

(i) written standards, policies, and 

procedures, including those designed to 

ensure that information that may relate 

to or impact CPSA compliance are 

conveyed effectively to personnel 

responsible for CPSA compliance, 

whether or not an injury has been 

reported; 

(ii) procedures and systems for 

tracking and reviewing claims, 

including warranty claims, and reports 

for safety concerns and for 

implementing corrective and preventive 


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Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Notices 58563 

actions when compliance deficiencies 

or violations are identified; 

(iii) procedures requiring that 

information required to be disclosed by 

Whirlpool to the Commission is 

recorded, processed, and reported in 

accordance with applicable law; 

(iv) procedures requiring that all 

reporting made to the Commission is 

timely, truthful, complete, accurate, and 

in accordance with applicable law; 

(v) procedures requiring that prompt 

disclosure is made to Whirlpool’s 

management of any significant 

deficiencies or material weaknesses in 

the design or operation of such internal 

controls that are reasonably likely to 

affect adversely, in any material respect, 

Whirlpool’s ability to record, process 

and report to the Commission in 

accordance with applicable law; 

(vi) mechanisms to effectively 

communicate to all applicable 

Whirlpool employees, through training 

programs or other means, compliancerelated company policies and 

procedures to prevent violations of the 

CPSA; 

(vii) a mechanism for confidential 

employee reporting of compliancerelated questions or concerns to either a 

compliance officer or to another senior 

manager with authority to act as 

necessary; 

(viii) Whirlpool’s senior management 

responsibility for, and general board 

oversight of, CPSA compliance, 

including enhancements to the Firm’s 

compliance program to ensure that 

incident and injury data are reviewed 

and analyzed for purposes of CPSA 

Section 15(b) reporting; 

(ix) for at least three (3) years, an 

annual internal audit of the 

effectiveness of policies, procedures, 

systems, and training related to CPSA 

compliance that evaluates opportunities 

for improvement, deficiencies or 

weaknesses, and the Firm’s overall 

culture of compliance; and 

(x) retention of all CPSA compliancerelated records for at least five (5) years, 

and availability of such records to CPSC 

staff upon request. 

27. Whirlpool shall submit a report 

under CPSA Section 16(b), sworn to 

under penalty of perjury: 

(i) describing in detail its compliance 

program and internal controls and the 

actions Whirlpool has taken to comply 

with each subparagraph of paragraph 

26; 

(ii) affirming that during the reporting 

period, Whirlpool has reviewed its 

compliance program and internal 

controls, including the actions 

referenced in subparagraph (i) of this 

paragraph, for effectiveness, and that it 

complies with each subparagraph of 

paragraph 26, or describing in detail any 

non-compliance with any such 

subparagraph; and 

(iii) identifying the results of the 

annual internal audit referenced in 

paragraph 26(ix) and any changes or 

modifications made during the reporting 

period to Whirlpool’s compliance 

program or internal controls to ensure 

compliance with the terms of the CPSA 

and, in particular, the requirements of 

CPSA Section 15 related to timely 

reporting. 

Such reports shall be submitted 

annually to the Director, Office of 

Compliance, Division of Enforcement 

and Litigation, for a period of three (3) 

years. The first report shall be submitted 

30 days after the close of the first 12- 

month reporting period, which begins 

on the date of the Commission’s Final 

Order of Acceptance of the Agreement, 

and successive reports shall be due 

annually on the same date thereafter. 

Whirlpool is aware of the Commission’s 

position that failure to make such timely 

and accurate reports as required by this 

Agreement and Order may, without 

limitation, constitute a violation of 

Section 19(a)(3) of the CPSA and may 

subject the Firm to enforcement under 

Section 22 of the CPSA. 

28. Notwithstanding and in addition 

to the above, upon request of staff, 

Whirlpool shall promptly provide 

written documentation of any changes 

or modifications to its compliance 

program or internal controls and 

procedures, including the effective dates 

of the changes or modifications thereto. 

Whirlpool shall cooperate fully and 

truthfully with staff and shall make 

available all non-privileged information 

and materials and personnel deemed 

necessary by staff to evaluate 

Whirlpool’s compliance with the terms 

of the Agreement. 

29. The parties acknowledge and 

agree that the Commission may 

publicize the terms of the Agreement 

and the Order. 

30. Whirlpool represents that the 

Agreement: 

(i) is entered into freely and 

voluntarily, without any degree of 

duress or compulsion whatsoever; 

(ii) has been duly authorized; and 

(iii) constitutes the valid and binding 

obligation of Whirlpool, enforceable 

against Whirlpool in accordance with its 

terms. The individuals signing the 

Agreement on behalf of Whirlpool 

represent and warrant that they are duly 

authorized by Whirlpool to execute the 

Agreement. 

31. The signatories represent that they 

are authorized to execute this 

Agreement. 

32. The Agreement is governed by the 

laws of the United States. 

33. The Agreement and the Order 

shall apply to, and be binding upon, 

Whirlpool and each of its parents, 

successors, transferees, and assigns; and 

a violation of the Agreement or Order 

may subject Whirlpool, and each of its 

parents, successors, transferees, and 

assigns, to appropriate legal action. 

34. The Agreement, any attachments, 

and the Order constitute the complete 

agreement between the parties on the 

subject matter contained therein. 

35. The Agreement may be used in 

interpreting the Order. Understandings, 

agreements, representations, or 

interpretations apart from those 

contained in the Agreement and the 

Order may not be used to vary or 

contradict their terms. For purposes of 

construction, the Agreement shall be 

deemed to have been drafted by both of 

the parties and shall not, therefore, be 

construed against any party, for that 

reason, in any subsequent dispute. 

36. The Agreement may not be 

waived, amended, modified, or 

otherwise altered, except as in 

accordance with the provisions of 16 

CFR 1118.20(h). The Agreement may be 

executed in counterparts. 

37. If any provision of the Agreement 

or the Order is held to be illegal, 

invalid, or unenforceable under present 

or future laws effective during the terms 

of the Agreement and the Order, such 

provision shall be fully severable. The 

balance of the Agreement and the Order 

shall remain in full force and effect, 

unless the Commission and Whirlpool 

agree in writing that severing the 

provision materially affects the purpose 

of the Agreement and the Order. 

(Signatures on next page) 

Whirlpool Corporation 

By: /s/ lllllllllllllllll

Dated: August 7, 2023. 

Nathan A. Mouw, 

Whirlpool Corporation, Senior Director— 

Global Product Safety and Regulatory 

Affairs. 

Dated: August 7, 2023. 

By: /s/ lllllllllllllllll

Eric Rubel, 

Arnold & Porter Kaye Scholer LLP, Counsel 

to Whirlpool Corporation. 

U.S. Consumer Product Safety Commission 

Mary B. Murphy, Director, 

Howard Tarnoff, Deputy Director, Division of 

Enforcement and Litigation. 

Dated: August 8, 2023. 

By: /s/ lllllllllllllllll

Joseph Kessler, 

Trial Attorney, Division of Enforcement and 

Litigation, Office of Compliance and Field 

Operations. 


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58564 Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Notices 

United States of America 

Consumer Product Safety Commission 

In the Matter of: WHIRLPOOL 

CORPORATION 

CPSC Docket No.: 23–C0003 

Order 

Upon consideration of the Settlement 

Agreement entered into between 

Whirlpool Corporation (‘‘Whirlpool’’) 

and the U.S. Consumer Product Safety 

Commission (‘‘Commission’’ or 

‘‘CPSC’’), and the Commission having 

jurisdiction over the subject matter and 

over Whirlpool, and it appearing that 

the Settlement Agreement is in the 

public interest, the Settlement 

Agreement is incorporated by reference 

and it is: 

Provisionally accepted and this Order 

issued on the 22nd day of August, 2023. 

By order of the commission. 

Alberta E. Mills, Secretary, 

U.S. Consumer Product Safety Commission. 

[FR Doc. 2023–18460 Filed 8–25–23; 8:45 am] 

BILLING CODE 6355–01–P 

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: 

OIRA_submission@omb.eop.gov 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: cgillham@

cpsc.gov. 

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 × 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 × 

$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 


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