[Federal Register Volume 88, Number 165 (Monday, August 28, 2023)]
[Notices]
[Pages 58566-58567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18475]


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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) announces that 
the Commission has submitted to the Office of Management and Budget 
(OMB) a request for extension of approval of a collection of 
information associated with the Standard for the Flammability of 
Clothing Textiles and the Standard for the Flammability of Vinyl 
Plastic Film, previously approved under OMB control number 3041-0024. 
OMB's most recent extension of approval will expire on August 31, 2023. 
On June 20, 2023, CPSC published a notice in the Federal Register to 
announce the Commission's intention to seek extension of approval of 
the collection of information. The Commission received no comments on 
the burden estimates contained in that notice.

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

ADDRESSES: Submit comments about this request by email: 
<a href="/cdn-cgi/l/email-protection#6c23253e2d331f190e01051f1f0503022c03010e4209031c420b031a"><span class="__cf_email__" data-cfemail="2a6563786b75595f48474359594345446a454748044f455a044d455c">[email protected]</span></a> 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. In addition, 
written comments that are sent to OMB also should be submitted 
electronically at: http://www.regulations.gov, under Docket No. CPSC-
2009-0092.

FOR FURTHER INFORMATION CONTACT: Cynthia Gillham, Consumer Product 
Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; (301) 
504-7791, or by email to: <a href="/cdn-cgi/l/email-protection#c7a4a0aeababafa6aa87a4b7b4a4e9a0a8b1"><span class="__cf_email__" data-cfemail="fc9f9b959090949d91bc9f8c8f9fd29b938a">[email protected]</span></a>.

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) are 
generally 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 is subject to the 
Standard for the Flammability of

[[Page 58567]]

Vinyl Plastic Film (16 CFR part 1611). These standards prescribe 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.\1\
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    \1\ 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.
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    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. 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 CPSC to conduct 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.
    On June 20, 2023, the CPSC published a notice in the Federal 
Register (88 FR 39833), to announce the agency's intention to seek 
extension of approval of the collection of information. The Commission 
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

    CPSC staff 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's estimate is based on the estimated time needed for 
each firm to conduct testing, issue guaranties, and establish and 
maintain associated records.
    Staff estimates the recordkeeping requirements to require about 5 
hours per each test for each 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. Therefore CPSC has 
calculated its estimate of the annual industry recordkeeping burden 
based on its estimate that 1,000 firms issue guaranties. Based on, 
among other things, staff's experience with and expertise in testing 
requirements and procedures, as well as staff's review of records 
relating to guaranties that have been filed with the commission, staff 
estimates that each firm requires approximately 5 hours for testing and 
issues an average of 20 new guaranties per year, resulting an annual 
100 hours (5 hours x 20 guarantees) per firm per year for testing. 
Staff estimates that each firm requires one hour to create, record, and 
enter test data into a computerized dataset; 20 minutes (0.3 hours) for 
annual review/removal of records; 20 minutes (0.3 hours) to respond to 
one CPSC records request per year, for a total of 1.6 recordkeeping 
hours (1 hour + 0.3 hours + 0.3 hours = 1.6 hours per firm). This 
yields a total of 101.6 estimated annual burden hours per firm (100 
hours testing + 1.6 hours recordkeeping), and an estimated industry-
wide annual recordkeeping burden of 101,600 hours (101.6 hours per firm 
x 1,000 firms). The hourly compensation for the time required for 
recordkeeping is $72.91 (for management, professional, and related 
occupations in goods-producing industries, Bureau of Labor Statistics, 
September 2022). Accordingly, the total annual estimated costs for 
testing and recordkeeping to the 1,000 establishments in the industry 
for the burden hours associated with parts 1610 and 1611 is $7.4 
million (101,600 hours x $72.91 = $7,407,656).

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2023-18475 Filed 8-25-23; 8:45 am]
BILLING CODE 6355-01-P


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