Information Collection Request (ICR)
Safety Standard for Play Yards (RIN 3041-AC92)
Supporting Statement
Justification
Information to be collected and circumstances that make the collection of information necessary
Section 104(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), Public Law 110-314, 122 Stat. 3016 (August 14, 2008), also known as the “Danny Keysar Child Product Safety Notification Act” requires the Consumer Product Safety Commission (Commission or CPSC) to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be “substantially the same as” applicable voluntary standards or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. As directed by this statutory requirement, the Commission has finalized a safety standard for play yards that incorporates by reference the voluntary standard for play yards issued by ASTM International, ASTM F406-12a.
Sections 9 and 10 of ASTM F406-12a contain requirements for marking, labeling, and instructional literature that are disclosure requirements, thus falling within the definition of “collections of information” at 5 C.F.R. § 1320.3(c). Section 9.1.1.1 of ASTM F406-12a requires that the name and the place of business (city, state, mailing address, including zip code, or telephone number) of the manufacturer, distributor, or seller be marked clearly and legibly on each product and its retail package. Section 9.1.1.2 of ASTM F406-12a requires a code mark or other means that identifies the date (month and year, as a minimum) of manufacture. Section 10.1 of ASTM F406-11 requires instructions to be supplied with the product.
Use and sharing of collected information
Purchasers and owners of play yards will use the information contained on the label to determine how to contact the manufacturer of the play yard should there be safety or quality issues. Instructional literature will provide purchasers and owners of play yards with information on assembly and maintenance of the play yard.
The CPSC will use the information obtained from the marking and labeling requirements to identify products if the firm or its product(s) fail to comply with the standard.
Use of information technology (IT) in information collection
Information technology will not be used in these requirements.
Manufacturers are required to provide labeling, marking, and instructional literature in accordance with ASTM F406-12a. This disclosure will accompany the final product at the time of consumer purchase.
Efforts to identify duplication
Information being disclosed is manufacturer and product specific. To the extent that firms do not already comply with the voluntary standard, information provided by these requirements is not available through any other agency, organization, or individual.
Impact on small businesses
The costs of marking, labeling, and instructional literature associated with the standard for play yards may impact a number of small firms. However, the statute requiring this action does not contain an exemption for small firms.
6. Consequences to federal program or policy activities if collection is not conducted or is conducted less frequently
Without the marking, labeling, and instructional literature requirements, the level of noncompliance and consumer misuse could increase significantly, resulting in an increase in the number of product-related deaths and injuries.
The lack of marking and labeling could complicate CPSC efforts to locate and recall noncomplying products and result in an increase in the number of product-related deaths and injuries.
7. Special circumstances requiring respondents to report information more often than quarterly or to prepare responses in fewer than 30 days
There are no special circumstances that will require respondents to produce labels or instructional material more often than quarterly or in fewer than 30 days.
8. Consultation Outside the Agency
The CPSC consulted several manufacturers to obtain their views on the information collection burden associated with marking and labeling requirements. Additionally, the preamble to the proposed rule published on September 20, 2011 (76 FR 58167), discusses the information collection burden and invites public comment on the CPSC’s estimates. The public comment period closed on December 5, 2011. No comments were received.
9. Decision to provide payment or gift
There is no payment or gift provided to respondents.
10. Assurance of confidentiality
There is no assurance of confidentiality. The information in the mark, label, and instructional literature is not confidential.
11. Questions of a sensitive nature
There are no questions of a sensitive nature.
12. Estimate of hour burden to respondents
There are 24 known firms supplying play yards to the U.S. market. All 24 firms are assumed to use labels on both their products and their packaging already, but they might need to make some modifications to their existing labels. The estimated time required to make these modifications is about 1 hour per model. Each entity supplies an average of three different models of play yards; therefore, the estimated burden associated with labels is 1 hour per model x 24 entities x 3 models per entity = 72 hours.
Section 10.1 of ASTM F 406-12a requires instructions to be supplied with the product. This is a practice that is customary with play yards. Play yards are products that generally require some installation and maintenance instructions, and any products sold without such information would not be able to compete successfully with products that provide this information. Therefore, because the CPSC is unaware of play yards that: (a) generally require some installation, but (b) lack any instructions to the user about such installation, there are no burden hours associated with the instruction requirement in section 10.1 because any burden associated with supplying instructions with play yards would be “usual and customary” and not within the definition of “burden” under OMB’s regulations.
We estimate the hourly compensation for the time required to create and update labels is $28.36 (U.S. Bureau of Labor Statistics, “Employer Costs for Employee Compensation,” September 2011, Table 9, total compensation for all sales and office workers in goods-producing private industries: http://www.bls.gov/ncs/). Therefore, the estimated annual cost to industry associated with the labeling requirements is $2,041.92 ($28.36 per hour x 72 hours = $2,041.92).
13. Estimate of other total annual cost burden to respondents or recordkeepers
There are no costs to respondents beyond those presented in Section A.12. There are no operating, maintenance, or capital costs associated with the collection.
14. Estimate of annualized costs to the federal government
The estimated annual cost to the federal government is approximately $4,913, which includes 60 staff hours to examine and evaluate the information, as needed, for compliance activities. This is based on a GS-14 level salaried employee. The average hourly wage rate for a mid-level salaried GS-14 employee in the Washington, D.C. metropolitan area (effective as of January 2011) is $57.33 (GS-14, step 5). This represents 70 percent of total compensation (U.S. Bureau of Labor Statistics, “Employer Costs for Employee Compensation,” September 2011, Table 1, percentage of wages and salaries for all civilian management, professional, and related employees). Adding an additional 30 percent for benefits brings average hourly compensation for a mid-level salaried GS-14 employee to $81.89. Assuming that approximately 60 hours will be required annually, this results in an annual cost of $4,913.
15. Program changes or adjustments
This is a new information collection request.
16. Plans for tabulation and publication
Not applicable.
17. Rationale for not displaying the expiration date for OMB approval
Not applicable.
Collection of Information Employing Statistical Methods
Not applicable.
| File Type | application/msword |
| File Title | PRA Supporting Statement - Play Yards |
| Author | Preferred Customer |
| Last Modified By | CUSB |
| File Modified | 2012-09-17 |
| File Created | 2012-09-17 |