INFORMATION COLLECTION REQUEST (ICR):
OMB 83-I SUPPORTING STATEMENT
Justification
1. Information to be collected and circumstances that make the collection of information necessary
The Flammable Fabrics Act of 1953 (FFA) (Pub. L. 83-88, 67 Stat.111; June 30, 1953) prohibits the manufacture for sale, importation, or sale in commerce of any article of wearing apparel or any fabric or related material intended for use in wearing apparel which exhibits “rapid and intense” burning when tested in accordance with the standard identified as “Flammability of Clothing Textiles, Commercial Standard 191-53” or the standard identified as “General Purpose Vinyl Plastic Film, Commercial Standard 192-53.” Those standards are now codified as the Standard for the Flammability of Clothing Textiles (16 C.F.R. Part 1610) and the Standard for the Flammability of Vinyl Plastic Film (16 C.F.R. Part 1611). They prohibit the use of dangerously flammable textiles and related materials in wearing apparel.
Garments, fabrics, and related materials which are subject to the standards must meet the requirements of the applicable standard when tested by the Commission. Manufacturers and importers of those garments, fabrics, and related materials are not required to perform premarket testing unless they elect to issue a guaranty that products comply with the applicable standard. Enforcement regulations issued under section 5 of the FFA (15 U.S.C. Part 1194) implement both standards. These regulations specify the testing necessary to support a guaranty that items comply with the applicable standard. These regulations also require maintenance of records of testing to support guaranties.
2. Use and sharing of collected information and impact on privacy
The Commission uses the information compiled and maintained by firms issuing guaranties with the flammability standards for clothing textiles and vinyl film to help protect the public from risks of injury or death from fires involving wearing apparel. More specifically, the information helps the Commission arrange corrective actions if any garments, fabrics, or related materials 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. The Commission also uses this information to determine whether the required testing was performed to support guaranties of compliance with the flammability standards for clothing or textiles and vinyl film.
3. Use of information technology (IT) in information collection
The enforcement regulations require firms issuing guaranties to perform testing and to maintain records of testing to support guaranties for three years. Firms may elect to use automated, mechanical, or electronic technology to compile and maintain the information required by the enforcement regulations.
4. Efforts to identify duplication
The information contained in the records of testing required by the enforcement regulations is not available from any source other than the individual firms issuing guaranties with the flammability standards for clothing textiles and vinyl plastic film.
5. Impact on small business
In 1988, the Commission reviewed the economic impact of the flammability standards for clothing textiles and vinyl plastic film and enforcement regulations on small businesses. The Commission concluded that the standards and regulations do not have a significant economic impact upon a substantial number of small businesses.
6. Consequence to Federal program or policy activities if collection is not conducted or is conducted less frequently
Section 8(a) of the FFA (15 U.S.C. Part 1197(a)) requires that a guaranty of compliance with a flammability standard must be supported by “reasonable and representative” tests in accordance with the applicable standard. If the testing to support guaranties with the flammability standards for clothing textiles and vinyl plastic film were performed less frequently than specified in the enforcement regulations, that testing would no longer be “representative” of the products covered by the guaranty. In its 1988 review of the standards for clothing textiles and vinyl plastic film for economic impact on small businesses, the Commission observed that amendments of the implementing regulations in 1983 and 1984 may have reduced the testing and recordkeeping burdens of the standards to all firms by as much as 40 percent.
7. Special circumstances requiring respondents to report information more often than quarterly or to prepare responses in fewer than 30 days
The collection of information in the flammability standards for clothing textiles and vinyl plastic film and enforcement regulations is not conducted under any of the conditions described in item number 7.
8. Agency’s Federal Register Notice and related information
In the Federal Register of July 11, 2006, the Commission published a notice to solicit comments on the collection of information in the flammability standards for clothing textiles and vinyl plastic film and enforcement regulations. No comments were received.
9. Decision to provide payment or gift
No gifts or payments are made to persons or firms subject to the flammability standards for clothing textiles and vinyl plastic film.
10. Assurance of confidentiality
If a firm believes that any of the information required to be maintained by the standards and enforcement rules is a trade secret or confidential, the firm may identify that information before submitting it to the Commission. That information then becomes subject to the Commission’s procedures for withholding confidential information from public disclosure. Those procedures are codified at 16 C.F.R. Part 1015, Subpart B. If such information is requested from the Commission under provisions of the Freedom of Information Act, the firm is notified and given the opportunity to respond prior to the Commission’s release of the information.
11. Questions of a sensitive nature
The flammability standards for clothing textiles and vinyl plastic film and enforcement regulations do not require firms to compile or maintain records containing any information of a sensitive nature.
12. Estimate of hour burden to respondents
The Commission estimates that about 1,000 manufacturers and importers of garments, textiles, and related materials issue guaranties. The Commission estimates that the flammability standards for clothing textiles and vinyl plastic film and enforcement regulations impose an average annual burden of about 101.6 hours on each of those firms. That burden will result from conducting the testing required by the regulations and maintaining records of the results of that testing. The total annual 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 about 101,600 hours.
The hourly wage for the testing and recordkeeping required by the standards is about $42.84 (using a total hourly employee compensation per hour worked of $42.84 obtained from the Department of Labor for private industry durable goods manufacturing workers 2005,) for an estimated annual cost to the industry of nearly $4.4 million (101,600 x $42.84).
13. Estimate of total annual cost burden to respondents
The only costs to firms subject to the flammability standards for clothing textiles and vinyl plastic film and enforcement regulations are those described in item 12, above.
14. Estimate of annualized costs to the Federal government
The Commission will expend approximately 80 hours of professional staff time reviewing and evaluating the records maintained by manufacturers and importers of garments, textiles, and related materials. At $46.14 per hour, the annual cost to the Federal government for the collection of information in the issuing of guaranties to comply with flammability standards and enforcement regulations is estimated to be $3,700.
15. Program changes or adjustments
No change has been made to the collection of information in the flammability standards for clothing textiles and vinyl plastic film and enforcement regulations since it was last approved by OMB.
16. Plans for tabulation and publication
The Commission does not publish any of the information required to be compiled or maintained by firms subject to the flammability standards for clothing textiles and vinyl plastic film and enforcement regulations.
17. Rationale for not displaying the expiration date for OMB approval
The Commission does not request permission to avoid display of the expiration date of OMB approval of this collection of information.
18. Exception to the certification statement
No exception is made to the certification statement in item 19 of OMB Form 83-I.
B. Collections of information employing statistical methods
Not applicable.
| File Type | application/msword |
| File Title | Supporting Statement for Paperwork Reduction Act Submission |
| Author | Preferred Customer |
| Last Modified By | Preferred Customer |
| File Modified | 2006-10-06 |
| File Created | 2002-03-04 |