INFORMATION COLLECTION REQUEST (ICR)
Virginia Graeme Baker Pool and Spa Safety Act
Verification of Compliance Form
SUPPORTING STATEMENT
A. Justification
1. Information to be collected and circumstances that makes the collection of information necessary
On December 19, 2008, the Virginia Graeme Baker Pool and Spa Safety Act (“Act”) became effective (Pub. L. No. 110-140). The Act applies to public pools and spas and requires that each swimming pool and spa drain cover manufactured, distributed, or entered into commerce in the United States shall conform to the entrapment protection standards of the ASME/ANSI A112.19.8 performance standard or any successor standard regulating such swimming pool or drain cover pursuant to section 1404(b) of the Act (“Drain Cover Standard”).
On August 5, 2011, the Commission published a final rule incorporating ANSI/APSP-16 2011 as the successor standard, effective September 6, 2011.
In addition to the anti-entrapment devices or systems, each public pool and spa in the United States with a single main drain other than an unblockable drain shall be equipped with 1 or more of the following devices or systems designed to prevent entrapment by pool or spa drains that meet the performance requirements of any ASME/ANSI or ASTM standard if such standard exists for such device or system; safety vacuum release system; suction-limiting vent system; gravity drainage system; automatic pump shut-off system or drain disablement. The Act is designed to prevent the tragic and hidden hazard of drain entrapment and eviscerations in public pools and spas.
2. Use and sharing of collected information
The CPSC will use the information to identify drain covers, pools, and spas that do not meet the performance requirements in ANSI/APSP-16 2011, the successor standard to ASME/ANSI A112.19.8.
3. Use of Information Technology (IT) in information collection
The collection of information would occur through a form that CPSC staff will fill in during the course of the pool and spa inspection.
4. Efforts to Identify Duplication
The Verification of Compliance Form (“form”) provides for very detailed information recordation for each individual pump located at a pool or spa facility. The CPSC staff is unaware of any other source of this information other than directly from pool managers.
5. Impact on Small Businesses
The form does not have a disproportionate impact on pool owners or operators because the form will be filled out entirely by the field investigators during the normal course of the pool or spa inspection. Depending on the size of the facility being inspected, the average time to inspect a pool or spa facility should not exceed 3 hours for the pool owner/operator. The pool or spa manager would not necessarily need to be present throughout the entire inspection.
6. Consequences to federal program or policy activities if collection is not conducted or is conducted less frequently
Failure to provide the information sought by the questionnaire would impair the CPSC’s ability to identify noncompliant pools or spas and specifically what drain covers are noncompliant. The failure to obtain this information could lead to the use of non-compliant drain covers and pose a risk of serious injury to the public.
7. Special circumstances requiring respondents to report information more often than quarterly or to prepare responses in fewer than 30 days
Not applicable.
8. Agency’s Federal Register Notice and related information
Given the limited purpose and nature of the information collection, no consultation outside the agency was necessary. An FR notice was published April 19, 2013 (78 FR 23546). No comments were received.
9. Decision to provide payment or gift
The CPSC will not provide any payment or gifts to pool and spa owners/operators in connection with the information collection.
10. Assurance of confidentiality
The information recorded in response to the questions on the form would be subject to the Freedom of Information Act and its exemptions to public disclosure.
11. Questions of a sensitive nature
No questions of a sensitive nature are asked.
12. Estimate of hour burden to respondents
Investigators will be talking to either the pool owner/operators or staff at the time of the inspection. Investigators will be collecting drain cover and sump certification documents. It is estimated that 3 hours will be required to inspect a pool or spa facility. The total testing burden hours are 291 (97 inspections x 3 hours per inspection). We estimate that hourly compensation for the time required for testing is $61.06 (U.S. Bureau of Labor Statistics, “Employer Costs for Employee Compensation,” December 2012, Table 9, total compensation for management, professional, and related workers in goods-producing industries: http://www.bls.gov/ncs). We estimate the annual cost to be $17,768 ($61.06 x 291).
13. Estimate of other total annual cost burden to respondents and 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 cost to the federal government
The CPSC estimates that it will take an average of 4 hours to review the information collected from the oral communications with pool owners/operators or staff. The annual cost to the Federal government of the collection of information in these regulations is estimated to be $22,779.48. This is based on an average wage rate of $40.80 (the equivalent of a GS-12 Step 5 employee). This represents 69.5 percent of total compensation with an additional 39.5 percent coming from benefits (BLS, December 2012, percentage total benefits for all civilian management, professional, and related employees), or $58.70 x 4 hours x 97 inspections.
15. Program changes or adjustments
The decrease in burden is due to a reduction in the number of inspections conducted annually.
16. Plans for tabulation and publication
Information collected under this requirement will not be published.
17. Exemption for display of expiration date
The agency does not seek an exemption from displaying the expiration date.
18. Exemption to certification statement
Not applicable.
B. Collection of Information Employing Statistical Methods
Not applicable.
| File Type | application/msword |
| Author | pchao |
| Last Modified By | RSquibb |
| File Modified | 2013-07-10 |
| File Created | 2013-03-29 |