[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Notices]
[Pages 73392-73397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20367]


=======================================================================
-----------------------------------------------------------------------

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 CBP-authorized 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

[[Page 73393]]

CPSC.gov \1\) through email to: <a href="/cdn-cgi/l/email-protection#4d282b242124232a3e383d3d223f390d2e3d3e2e632a223b"><span class="__cf_email__" data-cfemail="97f2f1fefbfef9f0e4e2e7e7f8e5e3d7f4e7e4f4b9f0f8e1">[email protected]</span></a>. 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.''
---------------------------------------------------------------------------

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

    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: <a href="/cdn-cgi/l/email-protection#2c4f5c5f4f01435f6c4f5c5f4f024b435a"><span class="__cf_email__" data-cfemail="e281929181cf8d91a281929181cc858d94">[email protected]</span></a>.
    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, <a href="/cdn-cgi/l/email-protection#1277747b7e7b7c75616762627d606652716261713c757d64"><span class="__cf_email__" data-cfemail="e287848b8e8b8c85919792928d9096a281929181cc858d94">[email protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#accfc0c5c9c2d8dec9dcc3d9d8dec9cdcfc4eccfcedc82c8c4df82cbc3da"><span class="__cf_email__" data-cfemail="c1a2ada8a4afb5b3a4b1aeb4b5b3a4a0a2a981a2a3b1efa5a9b2efa6aeb7">[email protected]</span></a>.

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.
---------------------------------------------------------------------------

    \2\ ACE 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.
---------------------------------------------------------------------------

    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 <SUP>3</SUP>
---------------------------------------------------------------------------

    \3\ On September 4, 2024, the Commission voted (5-0) to publish 
this notice.
---------------------------------------------------------------------------

    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

[[Page 73394]]

products and substances to voluntarily participate in the eFiling 
program.
---------------------------------------------------------------------------

    \4\ The 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/s3fs-public/eFiling_Alpha_ Pilot_Evaluation_Report-
May_24_2017.pdf?uK.UhjHabKD5yjQ.1w06tudrnvuuWIra, published April 
2017.
    \5\ The 2020 staff briefing package to implement an eFiling 
program at CPSC is available at: https://cpsc.gov/s3fs-public/CPSC-Plan-to-Create-an-eFiling-Program-for-Imported-Consumer-Products.pdf?BYXOLX2gJmF4NaAN1LCMmqiXRISuaRkr=. The Record of 
Commission Action is available at: https://www.cpsc.gov/s3fs-public/RCA-CPSC-Plan-to-Create-an-eFiling-Program-for-Imported-Consumer-Products.pdf.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \6\ The 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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \7\ Footnote 1, supra, contains a link to CPSC's CATAIR.
---------------------------------------------------------------------------

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:
    <bullet> Import regulated consumer products within the Commission's 
jurisdiction;
    <bullet> File consumption entries and entry summaries in ACE, or 
have a broker who files in ACE;
    <bullet> Use a software program that has completed ACE 
certification testing for the PGA Message Set; and
    <bullet> 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:
    <bullet> Opportunity to work directly with CBP and CPSC in the pre-
implementation stage of the requirement to file certificate data; and
    <bullet> 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

[[Page 73395]]

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 out-
of-scope, in that they do not address the revised burden estimate for 
an expanded Beta Pilot test, including:
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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

[[Page 73396]]

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:
    <bullet> a title for the collection of information;
    <bullet> a summary of the collection of information;
    <bullet> a brief description of the need for the information and 
the proposed use of the information;
    <bullet> a description of the likely respondents and proposed 
frequency of responses to the collection of information;
    <bullet> an estimate of the burden that shall result from the 
collection of information; and
    <bullet> 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.
---------------------------------------------------------------------------

    \8\ The 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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \9\ The 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).

[[Page 73397]]



                           Table 1--Expanded Beta Pilot Test Burden Estimates Product Registry and Reference PGA Message Sets
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Number of                    Average burden   Total annual                    Total annual
           Type of respondent                Number of     responses per     Number of     per response     burden (in     Average cost     respondent
                                            respondents     respondent       responses      (in hours)        hours)       per response       cost *
Product Registry Only                                  A               B     C (= A x B)               D     E (= C x D)               F     G (= C x 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Number of                    Average burden   Total annual                    Total annual
           Type of respondent                Number of     responses per     Number of     per response     burden (in     Average cost     respondent
                                            respondents     respondent       responses      (in hours)        hours)       per response       cost *
Full PGA Message set Only                              A               B     C (= A x B)               D     E (= C x D)               F     G (= C x 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Number of                    Average burden   Total annual                    Total annual
           Type of respondent                Number of     responses per     Number of     per response     burden (in     Average cost     respondent
                                            respondents     respondent       responses      (in hours)        hours)       per response       cost *
Total Burden                                           A               B     C (= A x B)               D     E (= C x D)               F     G (= C x 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


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>