INFORMATION COLLECTION REQUEST (ICR) SUPPORTING STATEMENT
Safety Standards for Full-Size Baby Cribs and Non-Full Size Baby Cribs
“Verification of Compliance Form”
A. Justification
1. 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”) requires the United States Consumer Product Safety Commission (“CPSC,” “Commission,” or “we”) 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.
On December 28, 2010, we issued a final rule establishing safety standards for full-size and non-full-size baby cribs in response to the direction under section 104(b) of the CPSIA (75 Fed. Reg. 81766). Section 104(c) of the CPSIA specifies that the crib standards will cover used as well as new cribs. The crib standards will apply to anyone who manufactures, distributes or contracts to sell a crib; to child care facilities, and others holding themselves out to be knowledgeable about cribs; to anyone who leases, sublets or otherwise places a crib in the stream of commerce; and to owners and operators of places of public accommodation affecting commerce. The standard requires manufacturers and importers of these products to maintain sales records for a period of six years after the manufacture or importation of the cribs and also contains requirements for marking and instructional literature.
The Commission intends to have State licensing officials (under contract with CPSC) visit child care providers to measure compliance with the crib safety standards. Information from those visits would be recorded on the form. A pilot program was conducted in 2012 that included visits to approximately 50 child care centers in six states. Results of the pilot program were used to expand the program in 2013 to seven states and 112 inspections. CPSC conducted the program in 2015 in 3 states which included 47 inspections. CPSC projects that 4 states will participate in the program in 2016, which will result in approximately 74 inspections being conducted.
2. Use and sharing of collected information
The Commission intends to use the information to measure compliance with the crib safety standards and to develop an enforcement strategy.
3. Use of information technology (IT) in information collection.
Those working on the CPSC’s behalf (such as State officials) would enter information on the form, based on their observations of child care facilities and interviews with staff at those facilities. CPSC did not develop electronic information collection techniques.
4. Efforts to identify duplication
The form provides for recording information pertaining to individual child care centers. The safety standards applicable to cribs at those child care centers are consumer product safety standards issued and maintained by the CPSC. Therefore, we are unaware of any other source of this information other than directly from the individual child care centers.
5. Impact on Small Businesses
According to SBA guidelines, service providers, such as child care centers, are considered small if they have $7 million or less in annual receipts. Among child care service providers, approximately 98 percent have receipts of less than $5 million, with an additional 0.9 percent having receipts between $5 million and $9.99 million. Therefore, it is likely that the collection of information associated with the form will affect a substantial number of child care centers. However, it is unlikely that the collection of information will have a significant adverse impact on many child care centers. There is no requirement that child care centers provide the information sought by CPSC staff on the form and we estimate that the amount of time child care centers would need to provide the requested information is minimal; thus, we believe that the impact on small businesses will be small. Moreover, one question associated with the form simply seeks to discover whether a child care center is aware of the compliance date and, if so, how it became aware. The first aspect of the question is a yes or no answer, and the second aspect would involve a six possible choices. Responding to this question is unlikely to present a significant economic impact on a small child care center.
6. Consequences to Federal program or policy activities if collection is not conducted or is conducted less frequently.
Failure to provide the information sought in the form would impair the CPSC’s ability to measure compliance with the safety standard for cribs and thus complicate the CPSC’s effort to develop an enforcement program.
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.
The Commission published a notice to renew the OMB control number in the Federal Register on February 16, 2016 (81 FR 7766), which discussed the information collection burden and invited public comments. No comments were received.
9. Decision to provide payment or gift
The Commission does not intend to provide any gift or payment to any respondent.
10. Assurance of confidentiality
There is no assurance of confidentiality. The information recorded on the form would be subject to the Freedom of Information Act and its exemptions to public disclosure.
11. Questions of a sensitive nature
The information that would be recorded on the form does not include questions of a sensitive nature.
12. Estimate of hour burden to respondents
We estimate that it would take a quarter of an hour for a child care center to provide the information to a state designated employee who, in turn, would complete the form. The annualized cost for the hourly burden from this collection of information is approximately $436. This estimated cost to respondents is based on 18.5 hours (74 child care centers x a quarter of an hour each) multiplied by a cost of $23.55 per hour (Bureau of Labor Statistics, total compensation for all workers, sales and office for service-producing industries, Employer Costs for Employee Compensation Table 9, September 2015).
13. Estimate of other total annual cost burden to respondents
There are no costs to respondents beyond those presented in Section
A.12
above. There are no operating, maintenance, or capital costs
associated with the collection.
14. Estimate of annualized costs to the Federal government
The cost to the government (wages and benefits) for 96 hours staff time to review the information is approximately $4,000. Assuming that the employee reviewing the records will be a GS-9 level employee, the average hourly wage rate for a GS-9 Step 5 employee in the Washington, DC metropolitan area, effective as of January 2013, is $28.59. This represents 68.6 percent of total compensation (Bureau of Labor Statistics, September 2015, percentage wages and salaries for all civilian management, professional, and related employees, Table 1). Adding an additional 31.4 percent for benefits brings the average hourly compensation for a GS-9 Step 5 employee to $41.67. Thus, 96 hours multiplied against an hourly compensation figure of $41.67 results in an estimated cost to the government of $4,000.
15. Program changes or adjustments
In
2016, CPSC intends to expand the program to include the potential to
inspect up to 74 child care providers in 4 states.
16. Plans for tabulation and publication
Not applicable. There are no plans to tabulate or publish the information. Because CPSC does not plan to disseminate the data collected, the requirements of the OMB and the CPSC Information Quality Guidelines do not apply.
17. Rationale for not displaying the expiration date for OMB approval
Not applicable.
18. Exception to the certification statement
Not applicable.
B. Collection of information will not employ statistical methods.
| File Type | application/msword |
| Author | pchao |
| Last Modified By | RSquibb |
| File Modified | 2016-04-19 |
| File Created | 2016-01-25 |