73392 Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices 

reproduction, or survival for the affected 

individuals. In all, there would be no 

adverse impacts to the stocks as a 

whole; and 

• The mitigation measures are 

expected to reduce the effects of the 

specified activity to the level of least 

practicable adverse impact. 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

required monitoring and mitigation 

measures, NMFS finds that the total 

marine mammal take from the planned 

activity will have a negligible impact on 

all affected marine mammal species or 

stocks. 

Small Numbers 

As noted previously, only take of 

small numbers of marine mammals may 

be authorized under sections 

101(a)(5)(A) and (D) of the MMPA for 

specified activities other than military 

readiness activities. The MMPA does 

not define small numbers and so, in 

practice, where estimated numbers are 

available, NMFS compares the number 

of individuals taken to the most 

appropriate estimation of abundance of 

the relevant species or stock in our 

determination of whether an 

authorization is limited to small 

numbers of marine mammals. When the 

predicted number of individuals to be 

taken is fewer than one-third of the 

species or stock abundance, the take is 

considered to be of small numbers. 

Additionally, other qualitative factors 

may be considered in the analysis, such 

as the temporal or spatial scale of the 

activities. 

Table 8 demonstrates the number of 

instances in which individuals of a 

given species could be exposed to 

received noise levels that could cause 

take of marine mammals. Our analysis 

shows that less than 6 percent of all 

species could be taken by harassment 

which is below one third of the 

population for all. 

Based on the analysis contained 

herein of the planned activity (including 

the required mitigation and monitoring 

measures) and the anticipated take of 

marine mammals, NMFS finds that 

small numbers of marine mammals 

would be taken relative to the 

population size of the affected species 

or stocks. 

Unmitigable Adverse Impact Analysis 

and Determination 

There are no relevant subsistence uses 

of the affected marine mammal stocks or 

species implicated by this action. 

Therefore, NMFS has determined that 

the total taking of affected species or 

stocks would not have an unmitigable 

adverse impact on the availability of 

such species or stocks for taking for 

subsistence purposes. 

National Environmental Policy Act 

To comply with the National 

Environmental Policy Act of 1969 

(NEPA; 42 U.S.C. 4321 et seq.) and 

NOAA Administrative Order (NAO) 

216–6A, NMFS must review our action 

(i.e., the issuance of an IHA) with 

respect to potential impacts on the 

human environment. 

This action is consistent with 

categories of activities identified in 

Categorical Exclusion B4 (IHAs with no 

anticipated serious injury or mortality) 

of the Companion Manual for NAO 216– 

6A, which do not individually or 

cumulatively have the potential for 

significant impacts on the quality of the 

human environment and for which we 

have not identified any extraordinary 

circumstances that would preclude this 

categorical exclusion. Accordingly, 

NMFS has determined that the issuance 

of the IHA qualifies to be categorically 

excluded from further NEPA review. 

Endangered Species Act 

Section 7(a)(2) of the Endangered 

Species Act of 1973 (ESA; 16 U.S.C. 

1531 et seq.) requires that each Federal 

agency insure that any action it 

authorizes, funds, or carries out is not 

likely to jeopardize the continued 

existence of any endangered or 

threatened species or result in the 

destruction or adverse modification of 

designated critical habitat. To ensure 

ESA compliance for the issuance of 

IHAs, NMFS consults internally 

whenever we propose to authorize take 

for endangered or threatened species. 

No incidental take of ESA-listed 

species is authorized or expected to 

result from this activity. Therefore, 

NMFS has determined that formal 

consultation under section 7 of the ESA 

is not required for this action. 

Authorization 

NMFS has issued an IHA to Petrogas 

for the potential harassment of small 

numbers of four marine mammal 

species incidental to Ferndale Pier 

Maintenance Activities in Ferndale, 

Washington. 

Dated: September 5, 2024. 

Catherine Marzin, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2024–20392 Filed 9–9–24; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[Docket No. CPSC–2022–0020] 

Electronic Filing of Certificate of 

Compliance Data: Announcement of 

Expansion of Partner Government 

Agency Message Set Test and 

Collection of Information Burden 

Estimate 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: In a June 4, 2024, Federal 

Register notice, the U.S. Consumer 

Product Safety Commission (CPSC), in 

consultation with U.S. Customs and 

Border Protection (CBP), announced 

their joint intent to expand the current 

Partner Government Agency (PGA) 

Message Set test (Beta Pilot test) to 

include up to 2,000 additional 

participants. The expansion will allow 

importers of regulated consumer 

products to voluntarily participate in 

the test by electronically submitting 

(eFiling) data from a certificate of 

compliance. Beta Pilot test participants 

will eFile certificate data to the CBPauthorized Electronic Data Interchange 

(EDI) system known as the Automated 

Commercial Environment (ACE). In this 

notice, CPSC addresses two comments 

supporting the expanded Beta Pilot test; 

CPSC did not revise its burden estimates 

based on the comments. By publication 

of this notice, the Commission 

announces that CPSC has submitted to 

the OMB a request for approval of the 

collection of information, as proposed. 

DATES: 

Beta Pilot Test: Submit electronic 

requests to participate in the expanded 

Beta Pilot test at any time after 

publication of this notice. CPSC will 

allow participation until we reach 2,000 

volunteers or until an eFiling 

requirement becomes permanent, 

whichever comes first. CPSC asks that 

each Beta Pilot test participant 

electronically file CPSC PGA Message 

Set certificate data during the expanded 

Beta Pilot test. 

Paperwork Reduction Act: Submit 

comments on the proposed expanded 

collection of information by October 10, 

2024 using the methods described 

below in the ADDRESSES section of this 

preamble. 

ADDRESSES: 

Beta Pilot Test: Submit requests to 

participate in the Beta Pilot test and any 

technical comments on CPSC’s 

supplemental Customs and Trade 

Automated Interface Requirements 

(CATAIR) guideline (available on 


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Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices 73393 

1https://www.cpsc.gov/eFiling-Document-Library. 

2ACE is CBP’s automated electronic system 

through which it collects importation and entry 

data, streamlining business processes and ensuring 

cargo security and compliance with U.S. laws and 

regulations. 

3On September 4, 2024, the Commission voted 

(5–0) to publish this notice. 

4The eFiling Alpha Pilot test was a six-month 

joint initiative between CPSC and CBP that assessed 

the infrastructure and processes necessary for 

electronic filing of data, and successfully 

demonstrated the ability of eight U.S. importers, 

their customs brokers, CBP, and CPSC to work 

together to gather and electronically file these data 

at import. CPSC staff provided a report on the pilot, 

which is available at: https://www.cpsc.gov/s3fspublic/eFiling_Alpha_P Pilot_Evaluation_ReportMay_24_2017.pdf?uK.UhjHabKD5yjQ.

1w06tudrnvuuWIra, published April 2017. 

5The 2020 staff briefing package to implement an 

eFiling program at CPSC is available at: https://

cpsc.gov/s3fs-public/CPSC-Plan-to-Create-aneFiling-Program-for-Imported-ConsumerProducts.pdf?BYXOLX2gJmF4NaAN1LCMmqiXRI

SuaRkr=. The Record of Commission Action is 

available at: https://www.cpsc.gov/s3fs-public/RCACPSC-Plan-to-Create-an-eFiling-Program-forImported-Consumer-Products.pdf. 

CPSC.gov 1) through email to: 

efilingsupport@cpsc.gov. Requests to 

participate in the Beta Pilot test should 

contain the subject heading: ‘‘Beta Pilot: 

Application to participate in Expanded 

PGA Message Set Test.’’ Technical 

comments on CPSC’s supplemental 

CATAIR guideline should contain the 

subject heading: ‘‘Beta Pilot CATAIR 

Technical Comments.’’ 

Paperwork Reduction Act: Submit 

comments about the Paperwork 

Reduction Act (PRA) burden estimate 

for the expanded Beta Pilot test, 

identified by Docket No. CPSC–2022– 

0020, by any of the following methods: 

Electronic Submissions: Submit 

electronic comments to the Federal 

eRulemaking Portal at: https://

www.regulations.gov. Follow the 

instructions for submitting comments. 

CPSC typically does not accept 

comments submitted by email, except 

through www.regulations.gov. CPSC 

encourages you to submit electronic 

comments by using the Federal 

eRulemaking Portal, as described above. 

Mail/Hand Delivery/Courier/ 

Confidential Written Submissions: 

Submit comments by mail, hand 

delivery, or courier to: Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East-West Highway, 

Bethesda, MD 20814; (301) 504–7479. If 

you wish to submit confidential 

business information, trade secret 

information, or other sensitive or 

protected information that you do not 

want to be available to the public, you 

may submit such comments by mail, 

hand delivery, or courier, or you may 

email them to: cpsc-os@cpsc.gov. 

Instructions: All submissions must 

include the agency name and docket 

number. CPSC may post all comments 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to 

https://www.regulations.gov. Do not 

submit through this website: 

Confidential business information, trade 

secret information, or other sensitive or 

protected information that you do not 

want to be available to the public. If you 

wish to submit such information, please 

submit it according to the instructions 

for mail/hand delivery/courier/ 

confidential written submissions. 

Docket: For access to the docket to 

read background documents or 

comments received, go to: https://

www.regulations.gov, and insert the 

docket number, CPSC–2022–0020, into 

the ‘‘Search’’ box, and follow the 

prompts. A copy of the ‘‘Supporting 

Statement’’ for this burden estimate is 

available at: https://www.regulations.

gov under Docket No. CPSC–2022–0020, 

Supporting and Related Material. 

FOR FURTHER INFORMATION CONTACT: 

Questions regarding the Beta Pilot test, 

participation in the test, and the 

proposed expanded collection of 

information should be directed to James 

Joholske, Director, Office of Import 

Surveillance, U.S. Consumer Product 

Safety Commission, (301) 504–7527, 

efilingsupport@cpsc.gov. Questions sent 

by email should contain the subject 

heading: ‘‘Beta Pilot: Question re 

Expanded PGA Message Set Test.’’ For 

technical questions regarding ACE or 

Automated Broker Interface (ABI) 

transmissions, or the PGA message set 

data transmission, please contact your 

assigned CBP client representative. 

Interested parties without an assigned 

client representative should submit an 

email to clientrepoutreach@cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 10, 2022, CPSC announced in 

the Federal Register (87 FR 35513) a 

joint Beta Pilot test with CBP to assess 

eFiling certificate data for regulated 

consumer products and substances 

under CPSC’s jurisdiction using CBP’s 

PGA Message Set in ACE 2 (Beta Pilot 

Test Announcement). The notice sought 

up to 50 Beta Pilot participants and 

provided a 60-day comment period for 

CPSC’s Paperwork Reduction Act (PRA) 

burden estimate for the Beta Pilot test. 

Pursuant to this notice, CPSC received 

no comment on the burden estimates 

provided. On September 14, 2022, CPSC 

published in the Federal Register the 

required second notice providing a 30- 

day public comment period on the 

burden estimates for the Beta Pilot test, 

as required by the PRA. 87 FR 56407. 

CPSC received no comments. 

Subsequently, the Office of Management 

and Budget (OMB) assigned control 

number 3041–0193 for the Beta Pilot 

test. 

In 2023, CPSC and CBP began the 

Beta Pilot test with 37 importer 

participants, along with their trade 

partners, such as brokers and 

laboratories. On December 8, 2023, 

CPSC published a supplemental notice 

of proposed rulemaking (SNPR) to 

revise 16 CFR part 1110 to, among other 

things, require eFiling of certificate data. 

88 FR 85760. On June 4, 2024, CPSC 

and CBP announced in the Federal 

Register their joint intent to expand the 

Beta Pilot test to include up to an 

additional 2,000 importer participants 

and to extend the Beta Pilot test until 

the effective date of a final rule 

implementing an eFiling requirement 

(or for up to three years, which is the 

length of a PRA control number issued 

by the OMB). 89 FR 47922. The June 4th 

announcement provided a 60-day 

comment period, and CPSC received 

two comments, which we address in 

section V of this notice. In accordance 

with the PRA, this notice responds to 

comments and provides an additional 

30-day comment period on the PRA 

burden estimate for the Beta Pilot 

expansion. 

CPSC’s previous Beta Pilot Test 

Announcement (87 FR 35513, 35517– 

18) discussed CBP and CPSC’s legal 

authority to conduct the Beta Pilot test. 

Additionally, the Beta Pilot Test 

Announcement and the recent SNPR to 

revise 16 CFR part 1110 explained 

CPSC’s authority to require electronic 

filing of certificate data at the time of 

entry, or entry summary, if both are 

filed together. 87 FR 35513, 35518; 88 

FR 85760, 85760–62. 

A. Expansion of the Beta Pilot Test 3

The June 10, 2022, Beta Pilot Test 

Announcement explained CPSC’s 

authority to require eFiling, the Alpha 

Pilot,4 and the Beta Pilot test, including 

its purpose, structure, and burden. 87 

FR 35513. The Beta Pilot Test 

Announcement also described the 

Commission’s direction for an eFiling 

Program, explaining that on December 

18, 2020, the Commission approved 

staff’s recommended plan to implement 

a permanent eFiling program at CPSC.5

The Beta Pilot test and the December 8, 

2023, SNPR (88 FR 85760) are in 

furtherance of CPSC’s eFiling Program. 

CPSC and CBP are expanding the Beta 

Pilot test (expanded Beta Pilot test) to 

allow importers of regulated consumer 


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6The Beta Pilot test originally cited to 300 HTS 

codes within the scope of the pilot. 87 FR 35514; 

89 FR 47923. However, in preparation for a final 

eFiling requirement, CPSC staff reviewed all HTS 

codes to identify codes under which regulated 

consumer products may be classified for entry, and 

have updated the list of applicable HTS codes to 

include approximately 2,500 codes, available at: 

www.cpsc.gov/eFiling. This list serves as guidance 

for Beta Pilot test participants. For example, the 

products classified under the approximately 300 

HTS codes that participants should expect to be 

tested in the expanded Beta Pilot, include, but are 

not limited to: All Terrain Vehicles (ATVs); durable 

infant or toddler products, such as baby carriages, 

cribs, and safety gates; children’s furniture, 

backpacks, and school supplies; bicycle helmets; 

bicycles and other electric-powered cycles; clothing 

(sleepwear, outerwear, infant articles, potentially 

flammable adult clothing articles); drywall; 

fireworks; children’s jewelry; lighters; liquid 

nicotine; mattresses; pacifiers and rattles; rugs; and 

toys. 

7Footnote 1, supra, contains a link to CPSC’s 

CATAIR. 

products and substances to voluntarily 

participate in the eFiling program. 

The expanded Beta Pilot test provides 

additional members of the import 

community more time to gradually 

prepare for and begin eFiling PGA 

Message Sets. Similar to the initial Beta 

Pilot test, the expanded test involves 

eFiling certificate data for regulated 

consumer products and substances 

under CPSC’s jurisdiction that are 

classified under approximately 2,500 

Harmonized Tariff Schedule (HTS) 

codes.6

The expanded Beta Pilot test will 

allow CPSC to further scale up the 

information technology (IT), procedural, 

and processing requirements of the 

Product Registry and the Risk 

Assessment Methodology system (RAM) 

before the anticipated full 

implementation. For example, CPSC 

will scale up IT systems to accept data 

for regulated consumer products from 

more importers; refine the required 

infrastructure for the real-time 

collection and use of data; and continue 

development of internal and external 

procedures to supply, use, and maintain 

certificate data. Expanding the Beta 

Pilot test also enables CPSC to continue 

developing RAM algorithms to triage 

import data received from CBP to detect 

more effectively noncompliant 

consumer products arriving at ports of 

entry. 

To accommodate expansion of the 

Beta Pilot test, this notice seeks up to 

2,000 additional participants and 

revises CPSC’s PRA analysis to 

accommodate these additional 

participants by revising the estimated 

annual burden to participants. 

B. Use of the Automated Commercial 

Environment 

CPSC is conducting the expanded 

Beta Pilot test in coordination with CBP 

and using the ACE system through 

which CBP collects importation and 

entry data, thus streamlining business 

processes and ensuring cargo security 

and compliance with U.S. laws and 

regulations. CBP developed ACE as the 

‘‘single window’’ for the trade 

community to comply with the 

International Trade Data System (ITDS) 

requirement established by the Security 

and Accountability for Every (SAFE) 

Port Act of 2006. Trade filers must 

submit data to ACE using an EDI 

system, such as the Automated Broker 

Interface (ABI). Commercial trade 

participants, or the licensed customs 

brokers acting on their behalf, can 

electronically file entry data in ACE 

using ABI. A PGA Message Set allows 

the trade to enter agency-specific data 

along with entry data, through ABI, and 

for PGAs, such as CPSC, to receive this 

additional trade-related data. 

II. Beta Pilot Test: Certificate Data 

The expanded Beta Pilot test will 

follow the same structure as the existing 

Beta Pilot test, with two different 

methods of filing certificate data using 

the PGA Message Set: (1) filing a 

minimum of seven data elements (Full 

PGA Message Set), or (2) filing only a 

reference to certificate data stored in a 

Product Registry maintained by CPSC 

(Reference PGA Message Set). 

Participants submit certificate data for 

regulated finished products, either as 

the Full PGA Message Set or the 

Reference PGA Message Set, in ACE at 

the time of entry filing or entry 

summary filing if both entry and entry 

summary are filed together. CBP then 

makes available to CPSC the PGA 

Message Set data and its corresponding 

entry data, for CPSC’s validation, risk 

assessment, and admissibility 

consideration at entry, thereby 

facilitating compliant trade as well as 

sharpening CPSC focus on 

noncompliant trade. CPSC staff uses 

eFiled certificate data to review 

consumer product entry requirements 

and allow for earlier risk-based hold 

decisions and admissibility 

considerations. Additionally, because it 

is electronic, the PGA Message Set will 

eliminate or substantially reduce the 

necessity for submission and 

subsequent handling of paper 

documents. Section II of the 2022 Beta 

Pilot Test Announcement details the 

expected PGA Message Set data from a 

certificate of compliance as well as the 

methods for filing such data. 87 FR 

35513, 35516–17. 

CPSC’s supplemental CATAIR 

guideline on filing certificate data 

through the PGA Message Set describes 

the technical specifications for filing 

during the expanded Beta Pilot test, as 

well as the Product Registry and 

Reference PGA Message Set.7 Technical 

comments on CPSC’s supplemental 

CATAIR guideline should be submitted 

in accordance with the instructions in 

the ADDRESSES section at the beginning 

of this notice. 

III. Beta Pilot Test Participant 

Eligibility, Selection Criteria, and 

Responsibilities 

This document reannounces CPSC’s 

plan, in consultation with CBP, to 

expand the number of Beta Pilot test 

participants from 50 up to an additional 

2,000 importers, and to extend the Beta 

Pilot test period from six months to up 

to three years, the length of time for an 

OMB control number, or until an 

effective date of a final rule 

implementing an eFiling requirement. 

Accordingly, CPSC and CBP seek 

additional Beta Pilot test participants. 

U.S.-based importers with an assortment 

of CPSC-regulated products may 

participate in the Beta Pilot test. To be 

eligible to apply as a test participant, the 

applicant must: 

• Import regulated consumer 

products within the Commission’s 

jurisdiction; 

• File consumption entries and entry 

summaries in ACE, or have a broker 

who files in ACE; 

• Use a software program that has 

completed ACE certification testing for 

the PGA Message Set; and 

• Work with CPSC and CBP to test 

electronic filing of data using ABI to file 

through the Message Set, or references 

to certificate data in the Product 

Registry. 

CPSC anticipates that the benefits of 

participation in the Beta Pilot test may 

include, but will not necessarily be 

limited to: 

• Opportunity to work directly with 

CBP and CPSC in the preimplementation stage of the requirement 

to file certificate data; and 

• Ability to trouble-shoot systems and 

procedures. 

IV. Application Process and Test 

Duration 

Any importer seeking to participate in 

the test should email their company 

name, contact information, importer of 

record number(s), filer code(s), and an 

explanation of how they satisfy the 

requirements for participation to the 

address listed at the beginning of this 

notice. CPSC will notify expanded Beta 

Pilot test applicants of approval to 

participate by email and will work with 

importers to onboard into the Pilot on 


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a first come, first served basis. 

Depending on the level of interest, CPSC 

may restrict on-boarding of new 

participants, at least in the beginning of 

the expanded Beta Pilot test, to 

accommodate all participants 

successfully and smoothly. 

V. Comment Responses 

We received two comments, 

discussing six issues, in response to the 

June 4th notice regarding the expanded 

Beta Pilot test. Both commenters 

support the expanded Beta Pilot test. 

However, the commenters also raised 

several issues that are out-of-scope for 

this PRA notice, in that they do not 

address the revised burden estimate for 

an expanded Beta Pilot test, but rather 

relate to the SNPR to revise 16 CFR part 

1110. Below we summarize and respond 

to each issue raised by the commenters. 

Comment 1: The Retail Industry 

Leaders Association (RILA) asserts that 

the burden estimate in the June 4th 

expanded Beta Pilot test notice does not 

fully account for the time to support 

gathering and submitting data elements 

and only reflects the burden of gathering 

and submitting data for a limited 

quantity of products and their 

corresponding fillings. RILA states that 

their members’ approximations of the 

burden hours per importer are nearly 

double, if not more, than those of the 

Commission’s estimates, depending on 

the overall size of the retailer and 

volume and variety of imported goods. 

RILA references two Beta Pilot 

participants; one estimated an annual 

burden of approximately 500 hours and 

another estimated an annual burden of 

15,700 hours. 

Response 1: One purpose of the 

eFiling Beta Pilot is to gain experience 

on the burden that importers may 

experience and inform the SNPR to 

update 16 CFR 1110. Experience from 

the limited quantity of products and 

filings from the initial Beta Pilot test has 

yielded useful information about 

participant’s burden in an expanded 

Beta Pilot test. Participants are not 

choosing to eFile certificates for all of 

their imported, regulated products 

during the Beta Pilot. Accordingly, the 

PRA burden estimate is based on the 

estimated number of filings during the 

expanded Beta Pilot test, and not full 

implementation of eFiling for all 

regulated, imported products. We 

acknowledge that mandatory eFiling for 

all regulated, imported products and 

substances would likely take additional 

time and increase the PRA burden 

estimate. CPSC will provide this more 

fulsome estimate in the PRA burden for 

a final rule to revise 16 CFR part 1110. 

For the expanded Beta Pilot test, 

because firms are not required to file 

certificates for every imported, regulated 

product subject to a CPSC rule, ban, 

standard, or regulation, CPSC’s burden 

estimate accurately reflects importers’ 

expected eFiling activity. 

With respect to expected annual 

burden, through staff’s engagement with 

Beta Pilot participants, staff observed 

variation in the burden from the Beta 

Pilot with participants on average taking 

less than 200 hours to participate, but 

some participants taking significantly 

more time. Variation also occurs in the 

number of certificates that participants 

file and the duration of their 

participation. Thus, the annual burden 

for larger firms filing many products 

would likely be greater than the burden 

for medium or smaller-sized importers. 

As such, the burden per product 

certificate filed is a better, more accurate 

metric to account for the variation in the 

expected filing burden that the 

commenter references. CPSC will 

consider the experience of Beta Pilot 

test participants when finalizing the 

burden estimate for the final rule to 

revise part 1110; however, participation 

in the expanded Beta Pilot test is 

voluntary and does not require routine 

eFiling of certificates for all products 

subject to a CPSC rule, ban, standard, or 

regulation. Therefore, the current 

burden estimate accurately reflects 

importer’s expected participation 

burden in the expanded Beta Pilot. 

Comment 2: RILA questions whether 

the burden estimate accounts for 

expected holds and associated delays of 

imports due to eFiling errors. RILA also 

questions whether the disclaim process 

for products that are exempted or 

excluded is included in the burden 

analysis, stating that disclaims increase 

burden on firms. 

Response 2: Importers participating in 

the expanded Beta Pilot test will not 

experience delay of their shipments due 

to eFiling errors and, therefore, will not 

experience additional paperwork 

burden under the PRA. The purpose of 

the expanded Beta Pilot test is to 

introduce importers to eFiling prior to 

implementation of a final rule to require 

eFiling, and allow CPSC to further scale 

up the IT, procedural, and processing 

requirements of the Product Registry 

and the RAM before the anticipated full 

implementation. Even at that point, 

CPSC does not intend to delay 

shipments for eFiling errors, but instead 

will use the certificate data for risk 

scoring of shipments. 

Furthermore, the disclaim process 

was optional during the initial Beta 

Pilot test and remains optional during 

the expanded Beta Pilot test; importers 

do not need to disclaim products if they 

choose not to. Like the initial Beta Pilot 

test, the estimated burden analysis for 

the expanded Beta Pilot test is based on 

overall participation and considers all 

types of filing, including disclaims. 

Therefore, the optional disclaim process 

is already reflected in the PRA burden 

estimate. 

Out-of-Scope Comments: CPSC 

received several comments that are outof-scope, in that they do not address the 

revised burden estimate for an 

expanded Beta Pilot test, including: 

• The Information Technology 

Industry Council (ITI) alleges that CPSC 

is moving forward with the eFiling rule 

without adequately considering 

products subject to Reese’s Law, 

applicable to consumer products 

containing button cell or coin batteries. 

ITI notes that CPSC’s guidance 

documents posted on its eFiling 

Document Library web page do not 

address some of the nuances for 

products containing button cell or coin 

batteries. 

• ITI states that an import-centric 

registration methodology in the Product 

Registry will create a ‘‘logistics 

nightmare’’ for U.S. companies that use 

information and communications 

technology (ICT) equipment. 

• RILA reiterates its comments on the 

SNPR to revise 16 CFR 1110. RILA 

states that the timeline for proposed 

implementation does not account for 

time needed to plan and standup 

attendant system upgrades to fully 

implement eFiling. RILA recommends a 

minimum of 18 months for 

implementation of a final rule. 

• RILA encourages CPSC to increase 

clarity and guidance for implementation 

of eFiling, specifically requesting that 

CPSC address reporting logic on all 

products in its jurisdiction and publish 

a clear and publicly available list of 

flagged Harmonized Tariff Schedule 

(HTS) codes. 

Response to Out-of-Scope Comments: 

These comments from ITI and RILA are 

related to the SNPR to revise 16 CFR 

part 1110 through a final rule, and are 

not related to the burden estimate for 

the expanded Beta Pilot test. To the 

extent that these comments are relevant 

to the final rule to revise 16 CFR part 

1110, the Commission will consider 

these comments in the final rule. 

CPSC has answered many questions 

regarding implementation of eFiling, 

and the function of the Product Registry, 

in speaking engagements, webinars, and 

documents on our website at 

www.cpsc.gov/eFiling. CPSC will 

continue to educate industry about 

eFiling, including guidance material 

and videos, and will specifically 


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8The Supporting Statement for this burden 

estimate, placed on Regulations.gov under CPSC 

Docket No. CPSC–2022–0020 contains the estimates 

for the existing Beta Pilot test and the expanded 

Beta Pilot test. 

9The previous estimate for burden cost came 

from wage data for survey and filing entry-line data 

comes from the U.S. Bureau of Labor Statistics, 

‘‘Employer Costs for Employee Compensation,’’ 

September 2021, Table 4, total compensation for all 

sales and office workers in goods-producing private 

industries: http://www.bls.gov/ncs/. For the 

expanded Beta Pilot test, the costs per response 

applied to participants are updated to 2023 dollars 

using the BLS ‘‘Employment Cost Index’’ (url: 

https://www.bls.gov/eci/tables.htm). 

address ITI’s practice-related questions 

in future guidance. 

VI. Paperwork Reduction Act 

The Beta Pilot test contains 

information collection requirements that 

are subject to public comment and 

review by OMB under the PRA of 1995 

(44 U.S.C. 3501–3521). CPSC previously 

received an OMB control number for the 

existing Beta Pilot test: 3041–0193. 

CPSC now seeks to expand the number 

of participants in this test up to an 

additional 2,000 and extend the test 

duration for up to three additional years 

(2027), which is the length of time for 

an OMB control number, or until an 

effective date of a final rule 

implementing an eFiling requirement. 

In this document, pursuant to 44 U.S.C. 

3507(a)(1)(D), we set forth: 

• a title for the collection of 

information; 

• a summary of the collection of 

information; 

• a brief description of the need for 

the information and the proposed use of 

the information; 

• a description of the likely 

respondents and proposed frequency of 

responses to the collection of 

information; 

• an estimate of the burden that shall 

result from the collection of 

information; and 

• notice that comments may be 

submitted to the OMB. 

Title: Beta Pilot Test for eFiling 

Certificates of Compliance. 

Description: During the Beta Pilot test 

of CBP’s PGA Message Set abilities 

through ACE, up to an additional 2,000 

participating importers of regulated 

consumer products will electronically 

file the requested certificate data, 

comprised of seven data elements, at the 

time of entry filing, or entry summary 

filing, if both entry and entry summary 

are filed together. Participants will have 

two ways to file certificate data during 

the Beta Pilot test: (1) filing certificate 

data in a CPSC-maintained Product 

Registry, and filing a reference number 

in ACE to this data set, through ABI, 

each time the product is imported 

thereafter (Reference PGA Message Set), 

or (2) filing all certificate data elements 

directly through ABI each time the 

product is imported (Full PGA Message 

Set). CPSC will receive the information 

from CBP through a real-time transfer of 

import data, and the agency will risk 

score the information in CPSC’s RAM 

system to assist in the interdiction of 

noncompliant consumer products. 

As set forth in section V.B of the Beta 

Pilot Test Announcement (87 FR 35513, 

35517–18), the requirement to create 

and maintain certificates, including the 

data elements, is set forth in section 14 

of the Consumer Product Safety Act 

(CPSA). Section 14(a) of the CPSA 

requires manufacturers (including 

importers) and private labelers of 

certain regulated consumer products 

manufactured outside the United States 

to test and issue a certificate attesting 

such products as compliant with 

applicable laws and regulations before 

importation. 15 U.S.C. 2063(a). Section 

14(g)(1) of the CPSA describes the data 

required on a certificate. Section 

14(g)(3) requires a certificate to 

accompany the applicable product or 

shipment of products covered by the 

certificate, and that certifiers must 

furnish the certificate to each distributor 

or retailer of the product. Upon request, 

certificates must also be furnished to 

CPSC and CBP. Section 14(g)(4) 

provides that ‘‘[i]n consultation with the 

Commissioner of Customs, the 

Commission may, by rule, provide for 

the electronic filing of certificates under 

this section up to 24 hours before arrival 

of an imported product.’’ 15 U.S.C. 

2063(g)(4). The Commission issued an 

SNPR to require eFiling on December 8, 

2023. 88 FR 85760. 

Because certificates are required by 

statute, this analysis focuses on the 

burden for CPSC to accept, and 

importers to provide, certificate data 

elements electronically at the time of 

entry filing, and not to collect and 

maintain certificate data more generally. 

Importer requirements in the Beta Pilot 

test for providing certificate data 

electronically at the time of entry filing 

fall within the definition of ‘‘collection 

of information,’’ as defined in 44 U.S.C. 

3502(3). 

Description of Respondents: Up to 

2,000 importer participants who import 

regulated consumer products within 

CPSC’s jurisdiction. 

Estimated Burden: We estimate the 

burden of this collection of information 

as follows: CPSC used information 

provided by Alpha Pilot test 

participants to inform the estimated 

burden for the initial and expanded Beta 

Pilot tests. In response to comments on 

the estimated burden for the expanded 

Beta Pilot test, we confirmed the PRA 

burden estimate based on experience 

from participants in the initial Beta Pilot 

test, finding that CPSC’s burden 

estimates accurately reflect the 

experiences of Beta Pilot test 

participants. Like the initial Beta Pilot 

test, the burden from participating in 

the expanded Beta Pilot test can be 

broken down into the burden of 

preparing for participation in the Pilot, 

the burden of maintaining the data 

elements separately, and as compared to 

the Alpha Pilot test, the additional 

burden of including the dates of 

manufacturing and lab testing. Based on 

feedback from the Alpha Pilot and Beta 

Pilot test participants, for the expanded 

Beta Pilot test, we assumed that many 

more participants (90%) would opt to 

exclusively use the Product Registry and 

Reference PGA Message Set, while only 

10% would opt to exclusively use the 

Full PGA Message Set. Table 3 of the 

2022 Beta Pilot Test Announcement 

provides the total annual burden 

estimate for the current Beta Pilot, 

estimating 9,217 annual burden hours 

from all participants, with an estimated 

annual cost (combined for all 

participants) of $404,764 (in 2021 

dollars). 87 FR 35513, 35520. When 

adjusted for inflation, the total 

estimated annual cost to current Beta 

Pilot test participants in 2023 is 

$442,002. 

CPSC estimates that the expanded 

Beta Pilot test will have similar burden 

per response and cost per response as 

the participants in the current Beta Pilot 

test, with the exception of burden from 

survey responses, which will not be 

required of the expanded Beta Pilot test 

participants.8 Accordingly, CPSC 

estimates that if an additional 2,000 

importers participate, 1,800 participants 

will use the Product Registry and 

Reference PGA Message Set, while 200 

participants will use the Full PGA 

Message Set. 

Tables 1–3 contain burden estimates 

for the expanded Beta Pilot test, which 

are in addition to the burden estimates 

provided in the 2022 Beta Pilot Test 

Announcement for up to 50 

participants. Table 1 shows an 

estimated 1,800 additional participants 

will use the Reference PGA Message Set 

and bear an annual burden of 265,600 

hours, with an estimated total annual 

cost for all participants of $13,593,303.9


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Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices 73397 

TABLE 1—EXPANDED BETA PILOT TEST BURDEN ESTIMATES PRODUCT REGISTRY AND REFERENCE PGA MESSAGE SETS

Type of respondent Number of 

respondents 

Number of 

responses per 

respondent 

Number of 

responses 

Average 

burden per 

response 

(in hours) 

Total annual 

burden 

(in hours) 

Average cost 

per response 

Total annual 

respondent 

cost * 

Product Registry Only A B C (= A × B) D E (= C × D) F G (= C × F) 

Pilot Participation ......... 1,800 1 1,800 91 163,800 $5,382.47 $9,688,442 

Gathering and Submitting Data Elements ... 1,800 1 1,800 27 47,800 1,033.25 1,859,851 

Filing Entry-Line ........... 1,800 10,000 18,000,000 0.003 54,000 0.1136 2,045,010 

Total ...................... ........................ ........................ 18,003,600 ........................ 265,600 ........................ 13,593,303 

* Note: Due to rounding the products and summations may be slightly off. 

Table 2 shows an estimated 200 

additional participants will use the Full 

PGA Message Set and bear an annual 

burden of 17,600 hours, and an 

estimated total annual cost for all 

participants of $943,532. 

TABLE 2—EXPANDED BETA PILOT TEST BURDEN ESTIMATES FULL PGA MESSAGE SETS

Type of respondent Number of 

respondents 

Number of 

responses per 

respondent 

Number of 

responses 

Average 

burden per 

response 

(in hours) 

Total annual 

burden 

(in hours) 

Average cost 

per response 

Total annual 

respondent 

cost * 

Full PGA Message set 

Only 

A B C (= A × B) D E (= C × D) F G (= C × F) 

Pilot Participation ......... 200 1 200 30 6,000 $2,451.54 $490,308 

Gathering and Submitting Data Elements ... 200 1 200 13 2,600 561.94 112,388 

Filing Entry-Line ........... 200 1,500 300,000 0.030 9,000 1.1361 340,835 

Total ...................... ........................ ........................ 300,400 ........................ 17,600 ........................ 943,532 

* Note: Due to rounding the products and summations may be slightly off. 

Table 3 provides the estimated total 

burden for expanding the Beta Pilot test 

of 283,000 burden hours for the 2,000 

new participants, and an estimated total 

annual cost for all participants of 

$14,536,835. 

TABLE 3—EXPANDED BETA PILOT TEST BURDEN ESTIMATES TOTAL OF PRODUCT REGISTRY/REFERENCE PGA MESSAGE

SETS AND FULL PGA MESSAGE SETS

Type of respondent Number of 

respondents 

Number of 

responses per 

respondent 

Number of 

responses 

Average 

burden per 

response 

(in hours) 

Total annual 

burden 

(in hours) 

Average cost 

per response 

Total annual 

respondent 

cost * 

Total Burden A B C (= A × B) D E (= C × D) F G (= C × F) 

Pilot Participation ......... 2,000 1 2,000 85 169,800 $5,089.38 $10,178,750 

Gathering and Submitting Data Elements ... 2,000 1 2,000 25 50,400 986.12 1,972,239 

Filing Entry-Line ........... 2,000 9,150 18,300,000 0.0034 63,000 0.1304 2,385,845 

Total ...................... ........................ ........................ 18,304,000 ........................ 283,200 ........................ 14,536,835 

* Note: Due to rounding the products and summations may be slightly off. 

In compliance with the PRA of 1995 

(44 U.S.C. 3507(d)), CPSC will submit 

the additional expanded Beta Pilot test 

information collection revision to the 

OMB for review. 

VII. Confidentiality 

All data submitted and entered into 

ACE is subject to the Trade Secrets Act 

(18 U.S.C. 1905) and is considered 

confidential, except to the extent as 

otherwise provided by law. As stated in 

previous notices, participation in this or 

any of the previous ACE tests is not 

confidential and upon a written 

Freedom of Information Act (FOIA) 

request, a name(s) of an approved 

participant(s) may be disclosed by CPSC 

or CBP in accordance with 5 U.S.C. 552. 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2024–20367 Filed 9–9–24; 8:45 am] 

BILLING CODE 6355–01–P 


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