Federal Register Notice

Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Notices

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estimated number of respondents is 3
(300 third party conformity assessment
bodies × 0.01 = 3 information changes
per year). Because information changes
in most cases will likely only involve
updating a phone number or contact
person, the estimated reporting burden
is 15 minutes per update, for a total
reporting burden of 45 minutes per year
(3 information changes × 0.25 hours =
0.75 hours per year).
Estimated Total Cost Burden on
Respondents—Assuming that CPSC
Form 223 will be submitted by someone
at the level of a general or operations
manager at each third party conformity
assessment body, at a median
compensation (wages and benefits) of
$68 per hour, the total cost burden to
the respondents is estimated to be
$30,668 ($68 × 451 hours).
Estimated Annualized Cost Burden to
the Federal Government—The
Commission estimates 150 reregistrations per year. Re-registrations
will require review by a CPSC staff
member with an average rate of pay of
$67/hour (the approximate hourly
compensation (wages and benefits) of a
GS–13 step 5 employee). Re-registration
review involves a thorough review of
the accreditation certificate and scope
documents provided by the third party
conformity assessment body to ensure,
among other things, that the
accreditations are current, are to the ISO
Standard ISO/IEC 17025:2005, ‘‘General
Requirements for the Competence of
Testing and Calibration Laboratories,’’
and include the appropriate test
methods. The review is estimated to
take an average of 1.75 hours per
submission. Thus, the annualized cost
to the Federal government is estimated
to be approximately $17,588 (150 reregistrations × 1.75 hours × $67 =
$17,587.50 per year).
Additional costs to the Federal
government associated with information
changes submitted on CPSC Form 223
will be negligible. The Commission
estimates that 15 minutes will be spent
reviewing each update. The annualized
cost to the federal government is
estimated to be approximately $50 (3
information changes × 0.25 hours × $67
= $50.25 per year).
C. Request for Comments
The Commission invites written
comments from all interested persons
about the proposed collection of
information. The Commission
specifically invites information relevant
to the following topics:
• Whether the collection of
information described above is
necessary for the proper performance of
the Commission’s functions, including

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whether the information would have
practical utility;
• Whether the estimated burden of
the proposed collection of information
is accurate;
• Whether the quality, utility, and
clarity of the information to be collected
could be enhanced; and
• 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.
Dated: October 23, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. E9–26070 Filed 10–28–09; 8:45 am]
BILLING CODE 6355–01–P

CONSUMER PRODUCT SAFETY
COMMISSION
Proposed Extension of Approval of
Information Collection; Comment
Request; Clothing Textiles, Vinyl
Plastic Film
AGENCY: Consumer Product Safety
Commission.
ACTION: Notice.
SUMMARY: As required by the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the Consumer Product
Safety Commission (Commission)
requests comments on a proposed
request for extension of approval of a
collection of information from
manufacturers and importers of
clothing, and textiles and related
materials intended for use in clothing.
This collection of information is
required in regulations implementing
the Standard for the Flammability of
Clothing Textiles (16 CFR Part 1610)
and the Standard for the Flammability
of Vinyl Plastic Film (16 CFR Part 1611).
These regulations establish
requirements for testing and
recordkeeping for manufacturers and
importers who furnish guaranties for
products subject to the flammability
standards for clothing textiles and vinyl
plastic film. The Commission 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: Written comments must be
received by the Office of the Secretary
not later than December 28, 2009.
ADDRESSES: Written comments should
be captioned ‘‘Clothing Textiles and
Film, Collection of Information’’ and emailed to the Office of the Secretary at

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[email protected], or mailed to the
Office of the Secretary, Consumer
Product Safety Commission, 4330 EastWest Highway, Bethesda, Maryland
20814. Written comments may also be
sent to the Office of the Secretary by
facsimile at (301) 504–0127.
FOR FURTHER INFORMATION CONTACT: For
information about the proposed
collection of information call or write
Linda Glatz, Division of Policy and
Planning, Office of Information
Technology and Technology Services,
Consumer Product Safety Commission,
4330 East West-Highway, Bethesda, MD
20814; telephone: (301) 504–7671 or by
e-mail to [email protected].
SUPPLEMENTARY INFORMATION:
A. Background
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) are subject to the
Standard for the Flammability of Vinyl
Plastic Film (16 CFR Part 1611). These
standards prescribe a test to assure 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.) The
flammability standards for clothing
textiles and vinyl plastic film were
made mandatory by the Flammable
Fabrics Act of 1953 (FFA) (Pub. L. 83–
88, 67 Stat. 111; June 30, 1953).
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.
Section 8 of the FFA requires that a
guaranty must be based on ‘‘reasonable
and representative tests.’’ The
Commission estimates that about 1,000
manufacturers and importers of
clothing, and of textiles and vinyl film
intended for use in clothing, issue
guaranties that the products they
produce or import comply with the
applicable standard.
B. Testing and Recordkeeping
Regulations implementing the
flammability standards for clothing

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Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Notices

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textiles and vinyl plastic film prescribe
requirements for testing and
recordkeeping by firms that issue
guaranties. See 16 CFR Part 1610,
Subpart B, and 16 CFR Part 1611,
Subpart B.
The Commission 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 clothing and fabrics and
vinyl film intended for use in clothing.
More specifically, the information helps
the Commission 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. The Commission
also uses this information to determine
whether the requisite testing was
performed to support the guaranties.
OMB approved the collection of
information in the enforcement
regulations implementing the standards
for clothing textiles and vinyl plastic
film under control number 3041–0024.
OMB’s most recent extension of
approval will expire on December 31,
2009. The Commission proposes to
request an extension of approval for the
collection of information in those
regulations.
C. Estimated Burden
The Commission staff estimates that
about 1,000 firms that manufacture or
import products subject to the
flammability standards for clothing
textiles and vinyl plastic film issue
guaranties that the products they
produce or import comply with the
applicable standard. The Commission
staff estimates that these standards and
implementing regulations will impose
an average annual burden of about 101.6
hours on each of those firms. That
burden will result from conducting the
testing and maintaining records
required by the implementing
regulations. The total annual burden
imposed by the standards and
regulations on all manufacturers and
importers of clothing textiles and vinyl
plastic film will be about 101,600 hours.
The hourly wage for the testing and
recordkeeping required by the standards
and regulations is estimated to be
$57.22 (for management, professional,
and related occupations in goodsproducing industries, Bureau of Labor
Statistics, June 2009), for an estimated
annual cost to the industry of nearly
$5.8 million (101,600 × $57.22).
The Commission staff will expend
approximately 80 hours of professional
time reviewing and evaluating the
records maintained by manufacturers
and importers of garments, textiles, and

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related materials. The annual cost to the
Federal government of the collection of
information in these regulations is
estimated to be $6,400.
D. 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:
—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;
—Whether the estimated burden of the
proposed collection of information is
accurate;
—Whether the quality, utility, and
clarity of the information to be
collected could be enhanced; and
—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.
Dated: October 23, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. E9–26079 Filed 10–28–09; 8:45 am]
BILLING CODE 6355–01–P

CONSUMER PRODUCT SAFETY
COMMISSION
Notice of Availability of a Statement of
Policy: Testing and Certification of
Lead Content in Children’s Products
AGENCY: Consumer Product Safety
Commission.
ACTION: Notice of availability.

The Consumer Product Safety
Commission (Commission) is
announcing the availability of a
document titled, ‘‘Statement of Policy:
Testing and Certification of Lead
Content in Children’s Products.’’ The
document provides guidance on
complying with the Consumer Product
Safety Improvement Act (CPSIA).
ADDRESSES: The Statement of Policy is
available from the Commission’s Web
site at: http://www.cpsc.gov/about/
cpsia/leadpolicy.pdf. Copies may also
be obtained from the Consumer Product
Safety Commission, Office of the
Secretary, Room 502, 4330 East-West
Highway, Bethesda, Maryland 20814;
301–504–7923.
FOR FURTHER INFORMATION CONTACT:
Hyun Sun Kim, Office of the General
SUMMARY:

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Counsel, Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone (301)
504–7632; [email protected].
SUPPLEMENTARY INFORMATION:
The CPSIA was enacted on August 14,
2008 (Pub. L. 110–314). Section 101(a)
of CPSIA provides that products
designed or intended primarily for
children 12 years old and younger that
contain more than 600 ppm of lead (as
of February 10, 2009), 300 ppm of lead
(as of August 14, 2009); or 100 ppm after
three years (as of August 14, 2011),
unless the Commission determines that
it is not technologically feasible to have
this lower limit, are considered to be
banned hazardous substances under the
Federal Hazardous Substances Act
(FHSA). Unless granted a specific
exclusion or determination, products
and materials used to make children’s
products are subject to the lead limits
and also to the testing and certification
requirements of section 14(a) of the
Consumer Product Safety Act (CPSA), as
amended by section 102(a) of the
CPSIA.
The Commission has prepared a
document titled, ‘‘Statement of Policy:
Testing and Certification of Lead
Content in Children’s Products.’’ The
document provides guidance on the
testing and certification of children’s
products for compliance with the
CPSIA. The Statement of Policy is
available on the Commission’s Web site
at http://www.cpsc.gov/about/cpsia/
leadpolicy.pdf and from the
Commission’s Office of the Secretary at
the location listed in the ADDRESSES
section of this notice.
Dated: October 23, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. E9–26080 Filed 10–28–09; 8:45 am]
BILLING CODE 6355–01–P

CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. CPSC–2009–0090]

Third Party Testing for Certain
Children’s Products; Notice of
Requirements for Accreditation of
Third Party Conformity Assessment
Bodies to Assess Conformity with the
Limits on Total Lead in Children’s
Products
AGENCY: Consumer Product Safety
Commission.
ACTION: Notice of Requirements.
SUMMARY: The Consumer Product Safety
Commission (‘‘CPSC’’ or ‘‘Commission’’)

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