Information Collection Request (ICR)
Safety Standard for Portable Bed Rails
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), requires the U.S. 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 finalized a safety standard for portable bed rails that incorporates by reference the voluntary standard for portable bed rails issued by ASTM International, ASTM F 2085-12.
Sections 9 and 11 of the voluntary standard ASTM F 2085-12 contain requirements for marking 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 of ASTM F 2085-12 requires that the name and the place of business (city, state, mailing address, including zip code, or telephone number) of the manufacturer, importer, distributor, or seller be clearly and legibly marked on each product and its retail package. Section 9.1.2 of ASTM F 2085-12 requires a code mark or other means that identifies the date (month and year at a minimum) of manufacture. Section 11.1 of ASTM F 2085-12 requires instructions and warning statements to be supplied with the product. Portable bed rails are products that generally require assembly, and products sold without such information would not be able to successfully compete with products supplying this information.
Use and sharing of collected information
Purchasers and owners of portable bed rails will be provided with essential safety information and will be able to determine how to contact the manufacturer of the bed should there be safety or quality issues. The CPSC will use the information obtained from the marking and instructional literature to identify products if the firm or its product(s) fail to comply with the provisions of the standard.
Use of information technology (IT) in information collection
Information technology will not be used in these requirements. Manufacturers are required to provide marking and instructional literature according to ASTM F2085-12. This disclosure is provided with the purchase of the product.
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
There are 17 known firms supplying portable bed rails to the United States market. Based on the guidelines set by the U.S. Small Business Administration, this includes 16 small firms. However, the statute requiring this action does not contain an exemption for small firms. Further, previous experience has shown a higher level of noncompliance at small firms. However, the length of time required for a firm to respond to the requirements depends on the number of models handled by the firm and the complexity of a firm’s day-to-day operations. Consequently, less time may be expended by small firms.
6. Consequences to federal program or policy activities if collection is not conducted or is conducted less frequently
Without the marking and instructional literature requirements, the level of noncompliance could increase significantly and may result in an increase in the number of product-related deaths and injuries. The lack of marking 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 would require respondents to report information more frequently.
8. Consultation outside the agency
The CPSC issued a Federal Register Notice of intent to renew the collection on Month XX, 2015. XX comments were received.
9. Decision to provide payment or gift
Not applicable. No payment or gift will be 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
Not applicable. There are no questions of a sensitive nature.
12. Estimate of hour burden to respondents
There are 17 known firms supplying portable bed rails to the United States market. All 17 firms are assumed to already use labels on both their products and their packaging, but 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 of these firms supplies an average of 2 different models of portable bed rails; therefore, the estimated burden hours associated with labels is 1 hour x 17 firms x 2 models per firm = 34 annual hours.
Section 11.1 of ASTM F 2085-12 requires instructions to be supplied with the product. This is also a practice that is customary with portable bed rails. These are products that generally require some installation and maintenance instructions, and any products sold without such information would not be able to successfully compete with products that provide this information. Therefore, because the CPSC is unaware of portable bed rails 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 11.1 because any burden associated with supplying instructions with a portable bed rail would be “usual and customary” and not within the definition of “burden” under OMB’s regulations.
The Commission estimates that hourly compensation for the time required to create and update labels is $29.90 (U.S. Bureau of Labor Statistics, “Employer Costs for Employee Compensaiton,”September 2014, Table 9, total compensation for all sales and office workers in goods-producing industries: http://www.bls.gov/ncs/). Therefore, the estimated annual cost associated with the final portable bed rails labeling requirements is $1,017 ($29.90 per hour x 34 hours = $1,017).
13. Estimates 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 of the information collection requirements to the federal government is approximately $3,635, which includes 60 staff hours to examine and evaluate the information as needed for Compliance activities. This is based on a GS-12 level salaried employee. The hourly compensation rate is $60.58 for a mid-level salaried GS-12 employee in the Washington, DC metropolitan area (effective January 2014) (GS12, step 5), which includes 31.1 percent added for benefits. Assuming that approximately 60 hours will be required annually, this results in an annual cost of $3,635 ($60.58 x 60 hours).
15. Program changes or adjustments
There are no changes or adjustments to the collection.
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 - Bed Rails |
| Author | Preferred Customer |
| Last Modified By | RSquibb |
| File Modified | 2015-02-05 |
| File Created | 2015-01-21 |