Notice2022-26643
Collection of Information; Proposed Extension of Approval; Comment Request-Publicly Available Consumer Product Safety Information Database
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Published
December 8, 2022
Issuing agencies
Consumer Product Safety Commission
Abstract
As required by the Paperwork Reduction Act of 1995 (PRA), the Consumer Product Safety Commission (CPSC) requests comments on a proposed extension of approval of a collection of information for the Publicly Available Consumer Product Safety Information Database. The CPSC will consider all comments received in response to this notice before requesting an extension of approval of this collection of information from the Office of Management and Budget (OMB).
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<title>Federal Register, Volume 87 Issue 235 (Thursday, December 8, 2022)</title>
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[Federal Register Volume 87, Number 235 (Thursday, December 8, 2022)]
[Notices]
[Pages 75234-75239]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26643]
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CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2010-0041]
Collection of Information; Proposed Extension of Approval;
Comment Request--Publicly Available Consumer Product Safety Information
Database
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
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SUMMARY: As required by the Paperwork Reduction Act of 1995 (PRA), the
Consumer Product Safety Commission (CPSC) requests comments on a
proposed extension of approval of a collection of information for the
Publicly Available Consumer Product Safety Information Database. The
CPSC will consider all comments received in response to this notice
before requesting an extension of approval of this collection of
information from the Office of Management and Budget (OMB).
DATES: Submit written or electronic comments on the collection of
information by February 6, 2023.
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2010-
0041, by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
instructions for submitting comments. CPSC typically does not accept
comments submitted by electronic mail (email), except as described
below. CPSC encourages you to submit electronic comments by using the
Federal eRulemaking Portal.
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; telephone: (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#61021112024c0e1221021112024f060e17"><span class="__cf_email__" data-cfemail="4d2e3d3e2e60223e0d2e3d3e2e632a223b">[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: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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: <a href="https://www.regulations.gov">https://www.regulations.gov</a>, and insert the
docket number, CPSC-2010-0041, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: For further information, or a copy of
the supporting statement, contact: Cynthia
[[Page 75235]]
Gillham, Consumer Product Safety Commission, 4330 East-West Highway,
Bethesda, MD 20814; (301) 504-7791, or by email to: <a href="/cdn-cgi/l/email-protection#2a494d434646424b476a495a5949044d455c"><span class="__cf_email__" data-cfemail="debdb9b7b2b2b6bfb39ebdaeadbdf0b9b1a8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. Background
Section 212 of the Consumer Product Safety Improvement Act of 2008
(CPSIA) added section 6A to the Consumer Product Safety Act (CPSA),
which requires the CPSC to establish and maintain a publicly available,
searchable database (Database) on the safety of consumer products and
other products or substances regulated by the CPSC. Among other things,
section 6A of the CPSA requires the CPSC to collect reports of harm
from the public for potential publication in the publicly available
Database, and to collect and publish comments from manufacturers about
reports of harm.
In a proposed rule published on May 24, 2010 (75 FR 29156), the
CPSC announced that a proposed collection of information in conjunction
with the Database, called the Publicly Available Consumer Product
Safety Information Database, had been submitted to OMB for review and
clearance under 44 U.S.C. 3501-3520. The CPSC issued a final rule on
the Database on December 9, 2010 (75 FR 76832). The final rule
interprets various statutory requirements in section 6A of the CPSA
pertaining to the information to be included in the Database. The final
rule also establishes provisions regarding submitting reports of harm;
providing notice of reports of harm to manufacturers; publishing
reports of harm and manufacturer comments in the Database; and dealing
with confidential and materially inaccurate information.
OMB approved the collection of information for the Database under
control number 3041-0146. OMB's most recent extension of approval,
issued on March 31, 2020, will expire on March 31, 2023. Accordingly,
the CPSC now proposes to request an extension of approval of this
collection of information.
B. Information Collected Through the Database
The primary purpose of this information collection is to populate
the publicly searchable Database of consumer product safety information
mandated by section 6A of the CPSA. The Database information collection
has four components: reports of harm, manufacturer comments, branding
information, and the Small Batch Manufacturer Registry (SBMR).
Reports of Harm: Reports of harm communicate information regarding
an injury, illness, or death, or any risk (as determined by CPSC) of
injury, illness, or death, relating to the use of a consumer product or
other product or substance regulated by the CPSC. Reports can be
submitted to the CPSC by consumers; local, state, or federal government
agencies; healthcare professionals; child service providers; public
safety entities; and others. Reports may be submitted via the CPSC
website (<a href="http://www.SaferProducts.gov">www.SaferProducts.gov</a>), by telephone via a CPSC call center,
or by email, fax, or mail using the incident report form (available for
download or printing via the CPSC website). Reports may also originate
as a free-form letter or email. Submitters must consent to including
their report of harm in the publicly searchable Database.
Manufacturer Comments: Pursuant to the CPSIA, CPSC transmits a
report of harm to the manufacturer or private labeler identified in the
report, and the manufacturer or private labeler may then submit a
comment to CPSC related to the report of harm (hereinafter
``manufacturer comment''). Manufacturer comments may be submitted
through the business portal, by email, mail, or fax. The business
portal is a feature of the Database that allows manufacturers and
private labelers who register on the business portal to receive reports
of harm and comment on such reports through the business portal. Use of
the business portal expedites the receipt of reports of harm and
business response times.
A manufacturer or private labeler may request that the CPSC
designate information in a report of harm as confidential. Such a
request may be made using the business portal, by email, by mail, or by
fax. Additionally, any person or entity reviewing a report of harm or
comment from a manufacturer or private labeler, either before or after
publication in the Database, may request that the report or comment, or
portions of the report or comment, be excluded from the Database
because it contains materially inaccurate information. Such a request
may be made by manufacturers or private labelers using the business
portal, by email, mail or fax, and may be submitted by anyone else by
email, mail, or fax.
Branding Information: Using the business portal, registered
businesses may voluntarily submit branding information to assist CPSC
in correctly and timely routing to them reports of harm involving their
products. Brand names may be licensed to another entity for use in
labeling consumer products manufactured by that entity. CPSC's
understanding of licensing arrangements for consumer products helps to
ensure that the correct manufacturer or private labeler is timely
notified regarding a report of harm.
Small Batch Manufacturers Registry: The business portal also
contains the SBMR, which is the online mechanism by which ``small batch
manufacturers'' (as defined in the CPSA) can identify themselves to
obtain relief from certain third-party testing requirements for
children's products. To register as a small batch manufacturer, a
business must attest that the company's income level, and the number of
units of the covered product manufactured for which relief is sought,
both fall within the statutory limits to receive relief from third
party testing.
C. Estimated Burden
1. Estimated Annual Burden for Respondents
We estimate the burden of this collection of information as
follows:
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\1\ Frequency of responses is calculated by dividing the number
of responses by the number of respondents.
\2\ Numbers have been rounded.
Table 1--Estimated Annual Reporting Burden for Reports of Harm
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Response Total Total
Collection type Number of frequency annual Minutes per burden, in
respondents \1\ responses response hours \2\
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Reports of Harm--submitted through website.. 4,498 1.45 6,522 12 1,304
Reports of Harm--submitted by phone......... 1,032 1.33 1,373 10 229
Reports of Harm--submitted by mail, email, 296 3.71 1,098 20 366
fax........................................
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[[Page 75236]]
Total................................... 5,826 ........... 8,993 .............. 1,899
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Table 2--Estimated Annual Reporting Burden for Manufacturer Submissions
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Response Total Total
Collection type Number of frequency annual Minutes per burden, in
respondents \1\ responses response hours \2\
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Manufacturer Comments--submitted through 437 4.53 1,980 117 3,861
website....................................
Manufacturer Comments--submitted by mail, 115 1.44 166 147 407
email, fax.................................
Requests to Treat Information as 1 1.00 1 42 1
Confidential--submitted through website....
Requests to Treat Information as 0 N/A 0 72 0
Confidential--submitted by mail, email, fax
Requests to Treat Information as Materially 97 1.46 142 165 391
Inaccurate--submitted through website......
Requests to Treat Information as Materially 22 1.23 27 195 88
Inaccurate--submitted by mail, email, fax..
Voluntary Brand Identification.............. 513 1.00 513 10 86
Small Batch Manufacturer Identification..... 1,747 1.00 1,747 10 291
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Total................................... 2,932 ........... 4,576 .............. 5,125
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Based on the data set forth in Tables 1 and 2 above, the annual
reporting cost is estimated to be $443,089. This estimate is based on
the sum of two estimated total figures for reports of harm and
manufacturer or private labeler submissions. The estimated number of
respondents and responses are based on the actual responses received in
FY 2022. We assume that the number of responses and respondents will be
similar in future years.
Reports of Harm: Table 1 sets forth the data used to estimate the
burden associated with submitting reports of harm. Since the previous
renewal of the collection, the number of annual reports of harm
submitted by mail, email or fax decreased from 15,314 to 1,098; reports
of harm submitted by phone decreased from 1,418 to 1,373; and reports
of harm submitted through the website increased from 6,023 to 6,522.
We had previously estimated the time associated with the electronic
and telephone submission of reports of harm at 12 and 10 minutes,
respectively; and because we have had no indication that these
estimates are not appropriate or accurate, we used those figures for
present purposes as well. We estimate that the time associated with a
paper or PDF form would be 20 minutes, on average.
To estimate the costs for submitting reports of harm, we multiplied
the estimated total burden hours associated with reports of harm (1,304
hours + 229 hours + 366 hours = 1,899 hours) by an estimated total
compensation for all workers in private industry of $38.61 per hour,\3\
which results in an estimated cost of $73,320 (1,899 hours x $38.61 per
hour = $73,320 FY22).
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\3\ U.S. Department of Labor, Bureau of Labor Statistics, Table
4 of the Employer Costs for Employee Compensation (ECEC), Private
Industry workers, by occupational group, Mar 2022 (data extracted on
10/3/2022 from: <a href="https://www.bls.gov/news.release/archives/ecec_06162022.pdf">https://www.bls.gov/news.release/archives/ecec_06162022.pdf</a>.
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Manufacturer Submissions: Tables 2 and 3 set forth the data used to
estimate the burden associated with manufacturer and private labeler
submissions to the Database. We observed that a large percentage of the
general comments come from a few businesses, and we assumed that the
experience of a business that submits many comments each year would be
different from one that submits only a few. Accordingly, previously, we
divided all responding businesses into three groups based on the number
of general comments submitted, and then we selected several businesses
to contact from each group. The first group contacted consisted of
businesses that submitted 50 or more comments, accounting for 31
percent of all general comments received. The second group contacted
included businesses that submitted 6 to 49 comments, accounting for 39
percent of all general comments received. The last group contacted
included businesses that submitted no more than 5 comments, accounting
for 30 percent of all general comments received. We asked each company
how long it typically takes to research, compose, and enter a comment
or a claim of materially inaccurate information.
To estimate the burden associated with submitting a general comment
regarding a report of harm through the business portal, we averaged the
burden provided by each company within each group, and then we
calculated a weighted average from the three groups, weighting each
group by the proportion of comments received from that group. We found
that the average time to submit a general comment regarding a report of
harm is 117 minutes, based on the data in Table 3 (((15 minutes + 45
minutes + 30 minutes + 15 minutes)/4 companies)*.31 + ((105 minutes +
45 minutes + 150 minutes + 15 minutes)/4 companies)*.39 + ((240 minutes
+ 60 minutes + 480 minutes)/3 companies)*.30 = 117 minutes).
[[Page 75237]]
Table 3--Estimated Burden To Enter a General Comment in the Database
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Group Company General comments
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Group 1 (<=50 comments)....... Company A............. 15 minutes.
Company B............. 45 minutes.
Company C............. 30 minutes.
Company D............. 15 minutes.
Group 2 (6-49 comments)....... Company A............. 105 minutes.
Company B............. 45 minutes.
Company C............. 150 minutes.
Company D............. 15 minutes.
Group 3 (<=5 comments)........ Company A............. 240 minutes.
Company B............. 60 minutes.
Company C............. 480 minutes.
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Registered businesses generally submit comments through the CPSC
website. Unregistered businesses submit comments by mail, email, or
fax. We estimate that submitting comments via mail, email, or fax takes
a little longer because often, we must ask businesses to amend their
submissions to include the required certifications. Thus, we estimated
that, on average, comments submitted by mail, email, or fax take 30
minutes longer than comments submitted through the CPSC website (117
minutes + 30 minutes = 147 minutes).
The submission of a claim of materially inaccurate information is a
relatively rare event for all respondents, so we averaged all responses
together. Eight of the businesses contacted had submitted claims of
materially inaccurate information. We found that the average time to
submit a claim that a report of harm contains a material inaccuracy is
165 minutes ((30 minutes + 90 minutes + 45 minutes + 90 minutes + 60
minutes + 660 minutes + 45 minutes + 300 minutes)/8 companies = 165
minutes).
Registered businesses generally submit claims of materially
inaccurate information through the business portal. Unregistered
businesses submit such claims by mail, email, or fax. We estimate that
submitting claims via mail, email, or fax takes a little longer because
we often must ask businesses to amend their submission to include the
required certifications. Thus, we estimate that, on average, claims
submitted by mail, email, or fax take 30 minutes longer than those
submitted through the CPSC website (165 minutes + 30 minutes = 195
minutes).
The submission of a claim of confidential information is another
relatively rare event for all respondents, so we averaged all responses
together. Five of the businesses contacted had submitted claims of
confidential information. We found that the average time to submit a
claim that a report of harm contains confidential information through
the CPSC website is 42 minutes ((45 minutes + 15 minutes + 60 minutes +
30 minutes + 60 minutes)/5 companies = 42 minutes).
Registered businesses generally submit confidential information
claims through the business portal. Unregistered businesses submit
confidential information claims by mail, email, or fax. We estimate
that submitting claims by mail, email, or fax takes a little longer
because often, we must ask businesses to amend their submission to
include the required certifications. Thus, we estimate that a
confidential information claim submitted by mail, email, or fax would
take 30 minutes longer than those submitted through the CPSC website
(42 minutes + 30 minutes = 72 minutes).
For voluntary brand identification, we estimate that a response
would take 10 minutes, on average. Most responses consist only of the
brand name and a product description. In many cases, a business will
submit multiple entries in a brief period of time, and we can see from
the date and time stamps on these records that an entry often takes
less than 2 minutes. CPSC staff enters the same data in a similar form,
based on our own research, and that experience was also factored into
our estimate.
For small batch manufacturer identification, we estimate that a
response would take 10 minutes, on average. The form consists of three
check boxes and the information should be readily accessible to the
respondent.
The responses summarized in Table 2 are generally submitted by
manufacturers. To avoid underestimating the cost associated with the
collection of this data, we assigned the higher hourly wage associated
with a manager or professional in goods-producing industries to these
tasks. To estimate the cost of manufacturer submissions, we multiplied
the estimated total burden hours in Table 2 (5,125 hours), by an
estimated total compensation for a manager or professional in goods-
producing industries of $72.15 per hour,\4\ which results in an
estimated cost of $ 369,769 (5,125 hours x $72.15 per hour = $369,769).
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\4\ U.S. Department of Labor, Bureau of Labor Statistics, Table
4 of the Employer Costs for Employee Compensation (ECEC), Private
Industry workers, by occupational group, Mar 2022 (data extracted on
8/2/2022 from: <a href="https://www.bls.gov/news.release/ecec.t04.htm">https://www.bls.gov/news.release/ecec.t04.htm</a>.
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Therefore, the total estimated annual cost to respondents is
$443,089 ($73,320 burden for reports of harm + $369,769 burden for
manufacturer submissions = $443,089).
2. Estimated Annual Burden on Government
We estimate the annualized cost to the CPSC to be $981,516. This
figure is based on the costs for four categories of work for the
Database: Reports of Harm, Materially Inaccurate Information Claims,
Manufacturer Comments, and Small Batch Identification. Each category is
described below. No government cost is associated with firms' voluntary
brand identification because this information is entered directly into
the Database by the manufacturer with no processing required by the
government. The information assists the government in directing reports
of harm to the correct manufacturer. Because we only have one request
to treat information as confidential in FY 2022, we included the
government's time to process this claim with the claims of materially
inaccurate information.
Reports of Harm: The Reports of Harm category includes many
different tasks. Some costs related to this category are from two data
entry contracts. Tasks related to these contracts include clerical
coding of the report, such as identifying the type of consumer product
reported and the appropriate associated hazard, as well as performing
quality control on the data in the report. Contractor A spends an
estimated 4,940
[[Page 75238]]
hours per year performing these tasks. With an hourly rate of $34.53
for contractor services, the annual cost to the government of contract
A is $170,578.
The Reports of Harm category also includes sending consent requests
for reports when necessary, processing that consent when received,
determining whether a product is out of CPSC's jurisdiction, and
confirming that pictures and attachments do not have any personally
identifiable information. The Reports of Harm category also entails
notifying manufacturers or private labelers when one of their products
is reported, completing a risk of harm determination form for every
report eligible for publication, referring some reports to a subject
matter expert within the CPSC for a determination whether the reports
meet the requirement of having a risk of harm, and determining whether
a report meets all the statutory and regulatory requirements for
publication. Detailed costs are:
Table 4--Estimated Costs for Reports of Harm Task
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Total
Grade level Number of hours compensation Total annual
(annual) per hour cost
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Contract A................................................. 4,940 $34.53 $170,578
7.......................................................... 2,912 40.44 117,761
9.......................................................... 1,456 49.47 72,028
12......................................................... 3,328 71.74 238,751
13......................................................... 1,248 85.31 106,467
14......................................................... 832 100.81 83,874
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Total.................................................. 14,716 ............... 789,459
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Materially Inaccurate Information (MII) Claims: The MII claims
category includes reviewing and responding to claims, participating in
meetings where the claims are discussed, and completing a risk of harm
determination on reports when a company alleges that a report does not
describe a risk of harm.
Table 5--Estimated Costs for MII Claims Task
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Total
Grade level Number of hours compensation Total annual
(Annual) per hour cost
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12......................................................... 312 $71.74 $22,383
13......................................................... 208 85.31 17,744
14......................................................... 312 100.81 31,453
15......................................................... 21 118.57 2,490
SES........................................................ 42 132.43 5,562
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Total.................................................. 895 ............... 79,632
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Manufacturer Comments: The Comments category includes reviewing and
accepting or rejecting comments.
Table 6--Estimated Costs for Manufacturer Comments Task
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Total
Grade level Number of hours compensation Total annual
(Annual) per hour cost
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12......................................................... 62 $71.74 $4,448
13......................................................... 104 85.31 8,872
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Total.................................................. 166 ............... 13,320
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Small Batch Manufacturer Identification: The Small Batch
Manufacturer Identification category includes time spent posting the
list of small batch registrations, as well as answering companies'
questions on registering as a Small Batch Manufacturer and the
implications of small batch registration.
Table 7--Estimated Costs for Small Batch Task
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Total
Grade level Number of hours compensation Total annual
(annual) per hour cost
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15......................................................... 642 $118.57 $76,122
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[[Page 75239]]
Total.................................................. 642 ............... 76,122
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We estimate the annualized cost to the CPSC of $958,533, by adding
the four categories of work related to the Database summarized in
Tables 4 through 7 (Reports of Harm ($789,459) + MII Claims ($79,632) +
Manufacturer Comments ($13,320) + Small Batch Identification ($76,122)
= $958,533).
This information collection renewal request is based on an
estimated 7,024 burden hours per year for the Database, which
represents a decrease of 6,319 hours since this collection of
information was last approved by OMB in 2019. Total burden from reports
of harm decreased by 4,647 hours (from 6,546 to 1,899), and total
burden for manufacturer's submission decreased by 1,672 hours, from
6,797 to 5,125. Declines in total burden hours are attributed to a
decline in the number of reports of harm submitted by mail, email, and
fax. However, CPSC staff discovered that the 2019 update for this
control number contained an error that increased the estimated burden,
by inadvertently including a large number of death certificates
collected by CPSC staff in the reports of harm submitted by mail,
email, and fax. In addition, for this update there was a decrease in
small batch manufacturer activity.
D. Request for Comments
The CPSC solicits written comments from all interested persons
about the proposed collection of information. The CPSC specifically
solicits information relevant to the following topics:
<bullet> Whether the collection of information described above is
necessary for the proper performance of the CPSC's functions, including
whether the information would have practical utility.
<bullet> Whether the estimated burden of the proposed collection of
information is accurate.
<bullet> Whether the quality, utility, and clarity of the
information to be collected could be enhanced.
<bullet> Whether the burden imposed by the collection of
information could be minimized by using automated, electronic, or other
technological collection techniques, or other forms of information
technology.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2022-26643 Filed 12-7-22; 8:45 am]
BILLING CODE 6355-01-P
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