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[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Notices]
[Pages 17139-17141]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06772]

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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2009-0092]

Submission for OMB Review; Comment Request--Clothing Textiles, 
Vinyl Plastic Film

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

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SUMMARY: The Consumer Product Safety Commission (Commission or CPSC) 
announces that it has submitted to the Office of Management and Budget 
(OMB) a 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 (16 CFR part 1610) and the 
Standard for the Flammability of Vinyl Plastic Film (16 CFR part 1611) 
under the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).

DATES: Written comments on this request for extension of approval of 
information collection requirements should be submitted by April 28, 
2014.

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. 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: Robert H. Squibb, U.S. Consumer 
Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; 
telephone: 301-504-7923 or by email to rsquibb@cpsc.gov.

SUPPLEMENTARY INFORMATION: In the Federal Register of June 14, 2013 (78 
FR 35875), the Consumer Product Safety Commission (CPSC or Commission) 
published a notice in accordance with provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. Chapter 35) to announce the CPSC's 
intention to seek extension of approval of a collection of information 
from manufacturers and importers who furnish guaranties for products 
under 16 CFR parts 1610 and 1611.

A. Background

    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) are 
subject to the Standard for the Flammability of Vinyl Plastic Film (16 
CFR part 1611). The standards set forth in 16 CFR parts 1610 and 1611 
prescribe a test to help 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. Pursuant to the Flammable Fabrics Act of 1953 (FFA) (Pub. L. 83-
88, 67 Stat. 111; June 30, 1953), the testing procedures in 16 CFR 
parts 1610 and 1611 are mandatory for those firms that issue 
guaranties.
    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. For example, a distributor or importer may 
rely on a guaranty issued by another

[[Page 17140]]

firm stating that the fabric or wearing apparel covered by the guaranty 
is compliant with 16 CFR parts 1610 and 1611. The Commission 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 clothing and fabrics and vinyl film intended for use in 
clothing. In addition, the information helps the Commission pursue 
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.
    Firms are not required to issue guaranties for fabrics or wearing 
apparel that they manufacture or distribute. Only domestic firms, or 
foreign entities with a domestic presence, can issue a guaranty. For 
those firms that choose to issue guaranties, section 8 of the FFA 
requires that such guaranties must be based on ``reasonable and 
representative tests.'' However, testing is not required to support a 
guaranty when the guaranty is based on an exemption contained in 16 CFR 
1610.1(d). Continuing guaranties may be filed with the Commission. Any 
firm that issues a guaranty must keep records of the related 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. Comments

    We received two comments, discussing four issues, in response to 
the June 14, 2013 notice.
    Comment 1: One commenter stated that a study should be conducted to 
assess whether ``anti-inflammatory chemicals'' may increase the risk of 
cancer.
    Response 1: This comment is outside the scope of the inquiry 
regarding paperwork burdens associated with issuing guaranties.
    Comment 2: The American Apparel and Footwear Association (AAFA) 
asserts that under the FFA, continuing guaranties must be maintained 
for 3 years. However, AAFA notes that the proposed rulemaking for 
certificates of compliance under 16 CFR part 1110 would require 
certificates of compliance for non-children's apparel and supporting 
test records to be maintained for 5 years, as opposed to 3 years. AAFA 
opposes the addition of 2 years of record keeping requirements for such 
certificates.
    Response 2: This information collection is on guaranties issued 
pursuant to 16 CFR parts 1610 and 1611. Accordingly, recordkeeping 
requirements for certificates of compliance are outside the scope of 
this information collection.
    Comment 3: The AAFA questioned the accuracy of the Commission's 
estimate that 1,000 apparel manufacturers and importers issue 
guaranties. AAFA noted that in 2010, more than 7,000 U.S. companies 
were included in the general U.S. Census category of Apparel 
Manufacturing and about 6,000 in the category of Textile Mills. 
Additionally, the AAFA noted that in 2011, based on U.S. Customs and 
Border Protection estimates, there were about 68,000 apparel importers. 
Based on the figures provided in its comment, AAFA believes that the 
number of apparel and textile manufacturers that furnish guaranties is 
more than the Commission's estimate of 1,000. AAFA requested that the 
Commission describe in detail how the Commission came to the estimate 
of 1,000 manufacturers and importers that issue guaranties.
    Response 3: For the purposes of this response, we do not question 
the accuracy of the figures provided by AAFA. However, staff believes 
that the figures provided by AAFA do not provide an accurate basis to 
estimate the number of manufacturers and importers that issue 
guaranties. Manufacturers and importers are not required to issue 
guaranties, and only domestic firms, or firms with a domestic presence 
may issue guaranties. Thus, even though tens of thousands of companies 
may be manufacturing or importing fabric or wearing apparel, based on 
guaranties filed with the Commission, compliance experience with the 
industry, and previous discussions with AAFA members, staff does not 
believe that most of these firms are issuing guaranties.
    AAFA has not provided information that would aid in revising the 
Commission's estimate of the number of firms that issue guaranties. The 
Commission's estimate of 1,000 firms that issue guaranties was based on 
the number of guaranties that have been filed with the Commission. The 
Commission's most recent updated records indicate that approximately 
660 firms have active continuing guaranties. Because guaranties are not 
required to be filed with the Commission, CPSC staff rounded the number 
of firms that issue guaranties up to 1,000.
    Comment 4: The AAFA also questioned the Commission's estimate that 
the regulations impose an average annual burden of about 101.6 hours on 
each firm that issues guaranties. AAFA noted that the apparel industry 
is dynamic, with rapidly changing styles and products. AAFA stated that 
in 2011, there were about 11 million separate entries of imported 
apparel. AAFA argued that if each entry required one hour of 
recordkeeping, the total burden could be 11 million hours, much more 
than the Commission's estimate of 101,600 burden hours. AAFA requested 
that the Commission describe in detail how the average annual burden of 
101.6 hours per firm was derived.
    Response 4: The number of apparel entries does not provide an 
accurate basis for determining the recordkeeping burden for firms that 
issue guaranties because: (a) Importers are not required to issue or to 
file a guaranty with each import entry for fabric or wearing apparel; 
(b) imported fabric and apparel entries are not required to be 
accompanied by a guaranty; (c) even when fabric or apparel entries are 
covered by a guaranty, one guaranty can cover multiple products, 
fabrics, and entries; and (d) the number of apparel entries in a given 
year does not provide any information about what tests and records are 
required to be maintained which would inform an estimate of the 
recordkeeping burden. A direct relationship does not exist between the 
number of apparel entries in a given year and either the number of 
guaranties issued by firms or the burden hours associated with issuing 
a guaranty. Accordingly, the Commission has not relied upon the number 
of apparel entries to estimate the recordkeeping burden for guaranties.
    The Commission's estimate of 101.6 average annual burden hours per 
firm for issuing guaranties is based on an estimate of the time for 
each firm that issues a guaranty to conduct the testing required by the 
regulations, to issue guaranties, and to establish and maintain 
associated records. In arriving at estimates of testing time, CPSC 
considered our own laboratory and Compliance experience and the 
experience of several AAFA- and ASTM-member manufacturers' and third 
party testing laboratories. The estimates used were purposely generous, 
and may overstate the actual time necessary to conduct testing. 
Additionally, the estimated testing time is an over-estimate because 
the testing time is applied to every firm per guaranty issued, even 
though many firms may issue guaranties based on an exemption from 
testing under 16 CFR 1610.1(d), and may not actually conduct testing. 
The Commission's average annual burden hour estimate of 101.6 is 
explained in detail in section C below.

C. Burden Hours

    The Commission's estimate of 1,000 firms that issue guaranties is 
based on the number of continuing guaranties

[[Page 17141]]

that have been filed with the Commission. The Commission's last updated 
records indicate that approximately 660 firms have active continuing 
guaranties. Because continuing guaranties are not required to be filed 
with the Commission, CPSC staff rounded the number of firms up to 
1,000.
    The Commission estimates that the flammability standards for 
clothing textiles and vinyl plastic film and enforcement regulations 
impose an average annual burden of about 101.6 hours on each of those 
firms, based on an estimate of the time for each firm to conduct 
testing, issue guaranties, and to establish and maintain associated 
records. The average annual burden hour estimate of 101.6 is based on 
the following assumptions, which are based, among other things, on 
staff's experience with and expertise in testing requirements and 
procedures and staff's review of records relating to guaranties that 
have been filed with the Commission:
     Testing Time--5 hours per test series, using either the 
test and conditioning procedures in the regulations or alternate 
methods that are now allowed under the 2007 amendments to the 
regulations (this was applied to all firms for each guaranty, even 
though many firms no longer test because the products are exempt by 
virtue of weight or fiber content under 16 CFR 1610.1(d), or because 
the firms' experience indicates that the fabrics already comply);
     Guaranties Issued--On average, 20 new guaranties issued 
per firm per year for new fabrics or garments;
     Estimated Annual Testing Time 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 (= 
0.3 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 per firm (1 hour + .3 hours + .3 hours = 1.6 
hours per firm);
     Total Estimated Annual Burden Hours per Firm--100 hours 
Estimated Annual Testing Time per Firm + 1.6 Estimated Annual 
Recordkeeping hours per Firm = 101.6 hours per firm;
     Estimated Annual Industry Burden--101.6 hours per firm x 
1,000 firms issuing guaranties = 101,600 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 about 101,600 hours (101.6 hours 
per firm x 1,000 firms).
    The hourly wage for the testing and recordkeeping required by the 
standards is about $61.06 (for management, professional, and related 
occupations in goods-producing industries, Bureau of Labor Statistics, 
December 2012), for an estimated annual cost to the industry of 
approximately $6.2 million (101,600 x $61.06 = $6,203,696.00). The 
hourly wage was updated from the $57.22 estimate used in the June 14, 
2013 notice (for management, professional, and related occupations in 
goods-producing industries, Bureau of Labor Statistics, June 2009).
    The estimated annual cost of the information collection 
requirements to the federal government is approximately $4,696, which 
is based on a total 80 staff hours to examine and evaluate the 
information as needed for Compliance activities (representing an 
estimate of the actual time required to conduct such examination and 
evaluation in staff's experience). Compliance staff typically reviews a 
subset of the guaranties filed and may inspect firms that issue 
guaranties. The estimated annual cost to the government is based on a 
GS-12 level salaried employee. The average hourly wage rate for a mid-
level salaried GS-12 employee in the Washington, DC metropolitan area 
(effective as of January 2011) is $40.80 (GS-12, step 5). This 
represents 69.5 percent of total compensation (U.S. Bureau of Labor 
Statistics, ``Employer Costs for Employee Compensation,'' December 
2012, Table 1, percentage of wages and salaries for all civilian 
management, professional, and related employees: http://www.bls.gov/ncs/). Adding an additional 30.5 percent for benefits brings average 
hourly compensation for a mid-level salaried GS-12 employee to $58.70 
($58.70 hourly compensation x 80 hours = $4,696.00).

    Dated: March 24, 2014.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2014-06772 Filed 3-26-14; 8:45 am]
BILLING CODE 6355-01-P
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