Notice2023-13051
Proposed Extension of Approval of Information Collection; Comment Request-Clothing Textiles, Vinyl Plastic Film
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 20, 2023
Issuing agencies
Consumer Product Safety Commission
Abstract
As required by the Paperwork Reduction Act of 1995, the Consumer Product Safety Commission (CPSC or Commission) invites comments on a proposed request for extension of approval of a collection of information from manufacturers and importers of clothing, textiles and related materials intended for use in clothing under the Standard for the Flammability of Clothing Textiles and the Standard for the Flammability of Vinyl Plastic Film. These regulations establish requirements for testing and recordkeeping for manufacturers and importers who furnish guaranties for products subject to these standards. The Office of Management and Budget (OMB) previously approved the collection of information under control number 3041-0024. OMB's most recent extension of approval will expire on August 31, 2023. The CPSC will consider all comments received in response to this notice before requesting an extension of approval of this collection of information from OMB.
Full Text
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<title>Federal Register, Volume 88 Issue 117 (Tuesday, June 20, 2023)</title>
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[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Notices]
[Pages 39833-39834]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13051]
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CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2009-0092]
Proposed Extension of Approval of Information Collection; Comment
Request--Clothing Textiles, Vinyl Plastic Film
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
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SUMMARY: As required by the Paperwork Reduction Act of 1995, the
Consumer Product Safety Commission (CPSC or Commission) invites
comments on a proposed request for extension of approval of a
collection of information from manufacturers and importers of clothing,
textiles and related materials intended for use in clothing under the
Standard for the Flammability of Clothing Textiles and the Standard for
the Flammability of Vinyl Plastic Film. These regulations establish
requirements for testing and recordkeeping for manufacturers and
importers who furnish guaranties for products subject to these
standards. The Office of Management and Budget (OMB) previously
approved the collection of information under control number 3041-0024.
OMB's most recent extension of approval will expire on August 31, 2023.
The CPSC will consider all comments received in response to this notice
before requesting an extension of approval of this collection of
information from OMB.
DATES: The Office of the Secretary must receive comments not later than
August 21, 2023.
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2009-
0092, by any of the following methods:
Electronic Submissions: CPSC encourages you to 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.
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#bad9cac9d997d5c9fad9cac9d994ddd5cc"><span class="__cf_email__" data-cfemail="2d4e5d5e4e00425e6d4e5d5e4e034a425b">[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>; insert the
docket number, CPSC-2009-0092, into the ``Search'' box; and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Cynthia Gillham, Consumer Product
Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; (301)
[[Page 39834]]
504-7791, or by email to: <a href="/cdn-cgi/l/email-protection#d4b7b3bdb8b8bcb5b994b7a4a7b7fab3bba2"><span class="__cf_email__" data-cfemail="2f4c48464343474e426f4c5f5c4c01484059">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. Background
The Commission has promulgated several standards under section 4 of
the Flammable Fabrics Act (FFA; 15 U.S.C. 1193) to prohibit the use of
dangerously flammable textiles and related materials in wearing
apparel. Clothing and fabrics intended for use in clothing (except
children's sleepwear in sizes 0 through 14) are subject to the Standard
for the Flammability of Clothing Textiles (16 CFR part 1610). Clothing
made from vinyl plastic film and vinyl plastic film intended for use in
clothing (except children's sleepwear in sizes 0 through 14) is subject
to the Standard for the Flammability of Vinyl Plastic Film (16 CFR part
1611). This standard prescribes a test to ensure that articles of
wearing apparel, and fabrics and film intended for use in wearing
apparel, are not dangerously flammable because of rapid and intense
burning. (Children's sleepwear and fabrics and related materials
intended for use in children's sleepwear in sizes 0 through 14 are
subject to other, more stringent flammability standards codified at 16
CFR parts 1615 and 1616.)
Section 8 of the FFA (15 U.S.C. 1197) provides that a person who
receives a guaranty in good faith that a product complies with an
applicable flammability standard is not subject to criminal prosecution
for a violation of the FFA resulting from the sale of any product
covered by the guaranty. The CPSC uses the information compiled and
maintained by firms that issue these guaranties to help protect the
public from risks of injury or death associated with flammable clothing
and fabrics and vinyl film intended for use in clothing. In addition,
the information helps the CPSC arrange corrective actions if any
products covered by a guaranty fail to comply with the applicable
standard in a manner that creates a substantial risk of injury or death
to the public. Section 8 of the FFA requires that a guaranty must be
based on ``reasonable and representative tests.'' The testing and
recordkeeping requirements for firms that issue guaranties are set
forth under 16 CFR part 1610, subpart B, and 16 CFR part 1611, subpart
B.
B. Burden
The CPSC estimates that approximately 1,000 firms issue guaranties.
Although the CPSC's records indicate that approximately 675 firms have
filed continuing guaranties with the Commission, staff believes
additional guaranties may be issued that are not filed with the
Commission, because continuing guaranties are not required to be filed
with the Commission. Accordingly, staff has rounded the estimated
number of firms upwards to 1,000 to account for those additional
guaranties. Staff has estimated the burden hours based on an estimate
of the time for each firm to conduct testing, issue guaranties, and
establish and maintain associated records.
<bullet> Burden Hours per Firm--An estimated 5 hours for each test
series per firm, using either the test and conditioning procedures in
the regulations or alternate methods. Although many firms are exempt
from testing to support guaranties under 16 CFR 1610.1(d), CPSC staff
does not know the proportion of those firms that are testing versus
those that are exempt. Thus, staff has included testing for all firms
in the burden estimates.
<bullet> Guaranties Issued per Firm--On average, 20 new guaranties
are issued per firm per year for new fabrics or garments.
<bullet> Estimated Annual Testing Time per Firm--100 hours per firm
(5 hours for testing x 20 guaranties issued = 100 hours per firm).
<bullet> Estimated Annual Recordkeeping per Firm--1 hour to create,
record, and enter test data into a computerized dataset; 20 minutes (=
0.33 hours) for annual review/removal of records; 20 minutes (= 0.33
hours) to respond to one CPSC records request per year; for a total of
1.7 recordkeeping hours per firm (1 hour + .33 hours + .33 hours = 1.7
hours per firm).
<bullet> Total Estimated Annual Burden Hours per Firm--100 hours
estimated annual testing time per firm + 1.7 estimated annual
recordkeeping hours per firm = 101.7 hours per firm.
<bullet> Total Estimated Annual Industry Burden Hours--101.7 hours
per firm x 1,000 firms issuing guaranties =101,700 industry burden
hours. The total annual industry burden imposed by the flammability
standards for clothing textiles and vinyl plastic film and enforcement
regulations on manufacturers and importers of garments, fabrics, and
related materials is estimated to be approximately 101,700 hours (101.6
hours per firm x 1,000 firms).
<bullet> Total Annual Industry Cost --The hourly wage for the
testing and recordkeeping required by the standards is approximately
$72.91 (for management, professional, and related occupations in goods-
producing industries, Bureau of Labor Statistics, September 2022), for
an estimated annual cost to the industry of approximately $7.4 million
(101,700 x $72.91 per hour = $7,414,947).
C. Request for Comments
The Commission solicits written comments from all interested
persons about the proposed collection of information. The Commission
specifically solicits information relevant to the following topics:
<bullet> Whether the collection of information described above is
necessary for the proper performance of the Commission'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; and
<bullet> Whether the burden imposed by the collection of
information could be minimized by use of automated, electronic or other
technological collection techniques, or other forms of information
technology.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2023-13051 Filed 6-16-23; 8:45 am]
BILLING CODE 6355-01-P
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