60-Day FR Notice

Mattresses16321633FR60.pdf

Standard for the Flammability of Mattresses and Mattress Pads and Open Flame Standard for Mattress Sets, 16 CFR 1632 and 16 CFR 1633

60-Day FR Notice

OMB: 3041-0014

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Download: pdf | pdf
Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices
For
questions about this RFC contact: Adam
Sedgewick, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230, telephone
(202) 482–0788, email
[email protected]. Please direct
media inquiries to NIST’s Office of
Public Affairs at (301) 975–2762.
SUPPLEMENTARY INFORMATION: The
national and economic security of the
United States depends on the reliable
functioning of critical infrastructure,2
which has become increasingly
dependent on information technology.
Cyber attacks and publicized
weaknesses reinforce the need for
improved capabilities for defending
against malicious cyber activity. This is
a long-term challenge.
The Secretary of Commerce was
tasked to direct the Director of NIST to
lead the development of a voluntary
framework to reduce cyber risks to
critical infrastructure (the
‘‘Framework’’).3 The Framework
consists of standards, methodologies,
procedures and processes that align
policy, business, and technological
approaches to address cyber risks. The
Framework was developed by NIST
using information collected through the
Request for Information (RFI) that was
published in the Federal Register on
February 25, 2013 (78 FR 13024), a
series of open public workshops, and a
45-day public comment period
announced in the Federal Register on
October 29, 2013 (78 FR 64478). It was
published on February 12, 2014, after a
year-long, open process involving
private and public sector organizations,
including extensive input and public
comments, and announced in the
Federal Register on February 18, 2014
(79 FR 9167). Responses to subsequent
RFIs, as announced through the Federal
Register (79 FR 50891 and 80 FR
76934), and workshops encouraged
NIST to update the Framework.
The Cybersecurity Framework
incorporates voluntary consensus
standards and industry best practices to
the fullest extent possible and is
consistent with voluntary international

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FOR FURTHER INFORMATION CONTACT:

2 For the purposes of this RFC the term ‘‘critical
infrastructure’’ has the meaning given the term in
42 U.S.C. 5195c(e): ‘‘systems and assets, whether
physical or virtual, so vital to the United States that
the incapacity or destruction of such systems and
assets would have a debilitating impact on security,
national economic security, national public health
or safety, or any combination of those matters.’’
3 See Executive Order 13636, Improving Critical
Infrastructure Cybersecurity (Feb. 12, 2013), https://
www.gpo.gov/fdsys/pkg/FR-2013-02-19/pdf/201303915.pdf. The Cybersecurity Framework may be
found at: https://www.nist.gov/sites/default/files/
documents/cyberframework/cybersecurityframework-021214.pdf.

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consensus-based standards when such
international standards advance the
objectives of the Cybersecurity
Enhancement Act of 2014. The
Framework is designed for compatibility
with existing regulatory authorities and
regulations, although it is intended for
voluntary adoption.
Given the diversity of sectors in the
Nation’s critical infrastructure, the
Framework development process was
designed to build on cross-sector
security standards and guidelines that
are immediately applicable or likely to
be applicable to critical infrastructure.
The process also was intended to
increase visibility and use of those
standards and guidelines, and to find
potential areas for improvement (e.g.,
where standards/guidelines are
nonexistent) that need to be addressed
through future collaboration with
industry and industry-led standards
bodies.
While the focus of the Framework is
on the Nation’s critical infrastructure, it
was developed in a manner to promote
wide adoption of practices to increase
risk management-based cybersecurity
across all industry sectors and by all
types of organizations.
NIST has worked closely with
industry groups, associations, nonprofits, government agencies, and
international standards bodies to
increase awareness of the Framework.
NIST has promoted the use of the
Framework as a basic, flexible, and
adaptable tool for managing and
reducing cybersecurity risks. The
Framework was designed as a
communication tool. It is applicable for
leaders at all levels of an organization.
For these reasons, NIST has engaged a
wide diversity of stakeholders in
Framework education. NIST has also
issued several RFIs, held workshops,
and encouraged direct communication
with potential and current users of the
Framework.
Based on the information received
from the public via these channels and
the work that it has carried out on
cybersecurity—including its
collaborative efforts with the private
sector—NIST has developed a draft
update of the Framework (termed
‘‘Version 1.1’’ or ‘‘V1.1’’), available at
http://www.nist.gov/cyberframework.
This draft update seeks to clarify, refine,
and enhance the Framework, and make
it easier to use, while retaining its
flexible, voluntary, and cost-effective
nature. The update also will be fully
compatible with the February 2014
version of the Framework in that either
version may be used by organizations
without degrading communication or
functionality.

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Request for Comments
NIST is soliciting public comments on
this proposed update. Specifically, NIST
is interested in comments that address
updated features of the Framework.
These features seek to:
• Clarify Implementation Tier use
and relationship to Profiles,
• Enhance guidance for applying the
Framework for supply chain risk
management,
• Provide guidance on metrics and
measurements using the Framework,
• Update the FAQs to support
understanding and use of Framework,
and
• Update the Informative References.
NIST also will consider comments on
other aspects of the Framework update.
All comments will be made available to
the public. These comments will be
analyzed and will be one focus of a
public workshop to be held in May
2017. Details about that workshop,
which also will feature user experiences
with the Framework, will be announced
on the NIST Cybersecurity Framework
Web site at: https://www.nist.gov/
cyberframework. To receive notice about
the workshop, please contact:
[email protected].
After the May 2017 workshop and
considering the comments received on
this draft update, NIST intends to issue
a final version of Framework V1.1 along
with an updated Roadmap 4 document
that describes recommended activities
in work areas that are related and
complimentary to the Framework.
Kevin Kimball,
NIST Chief of Staff.
[FR Doc. 2017–01599 Filed 1–24–17; 8:45 am]
BILLING CODE 3510–13–P

CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2010–0055]

Agency Information Collection
Activities; Proposed Collection;
Comment Request; Standard for the
Flammability of Mattresses and
Mattress Pads and Standard for the
Flammability (Open Flame) of Mattress
Sets
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:

As required by the Paperwork
Reduction Act of 1995, the Consumer
Product Safety Commission (CPSC, or

SUMMARY:

4 The Cybersecurity Framework Roadmap may be
found at: https://www.nist.gov/sites/default/files/
documents/cyberframework/roadmap-021214.pdf.

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mstockstill on DSK3G9T082PROD with NOTICES

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Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices

Commission) requests comments on a
proposed extension of approval of a
collection of information from
manufacturers and importers of
mattresses and mattress pads. The
collection of information is set forth in
the Standard for the Flammability of
Mattresses and Mattress Pads, 16 CFR
part 1632 and the Standard for the
Flammability (Open Flame) of Mattress
Sets, 16 CFR part 1633. These
regulations establish testing and
recordkeeping requirements for
manufacturers and importers subject to
the standards. 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: The Office of the Secretary must
receive comments not later than March
27, 2017.
ADDRESSES: You may submit comments,
identified by Docket No. CPSC–2010–
0055, by any of the following methods:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at: http://
www.regulations.gov. Follow the
instructions for submitting comments.
The Commission does not accept
comments submitted by electronic mail
(email), except through
www.regulations.gov. The Commission
encourages you to submit electronic
comments by using the Federal
eRulemaking Portal, as described above.
Written Submissions: Submit written
submissions in the following way: Mail/
Hand delivery/Courier (for paper, disk,
or CD–ROM submissions), preferably in
five copies, to: Office of the Secretary,
Consumer Product Safety Commission,
Room 820, 4330 East West Highway,
Bethesda, MD 20814; telephone (301)
504–7923.
Instructions: All submissions received
must include the agency name and
docket number for this notice. All
comments received may be posted
without change, including any personal
identifiers, contact information, or other
personal information provided, to:
http://www.regulations.gov. Do not
submit confidential business
information, trade secret information, or
other sensitive or protected information
that you do not want to be available to
the public. If furnished at all, such
information should be submitted in
writing.
Docket: For access to the docket to
read background documents or
comments received, go to: http://
www.regulations.gov, and insert the
docket number, CPSC–2010–0055, into

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the ‘‘Search’’ box, and follow the
prompts.
For
further information contact: Robert H.
Squibb, Consumer Product Safety
Commission, 4330 East-West Highway,
Bethesda, MD 20814; (301) 504–7815, or
by email to: [email protected].
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

A. Background
Approximately 358 firms produce
mattresses.1 The Standard for the
Flammability of Mattresses and Mattress
Pads, 16 CFR part 1632 (part 1632
standard), was promulgated under
section 4 of the Flammable Fabrics Act
(FFA), 15 U.S.C. 1193, to reduce
unreasonable risks of burn injuries and
deaths from fires associated with
mattresses and mattress pads. The part
1632 standard prescribes requirements
to test whether a mattress or mattress
pad will resist ignition from a
smoldering cigarette. The part 1632
standard also requires manufacturers to
perform prototype tests of each
combination of materials and
construction methods used to produce
mattresses or mattress pads and to
obtain acceptable results from such
testing. Manufacturers and importers
must maintain the records and test
results specified under the standard.
The Commission also promulgated
the Standard for the Flammability
(Open Flame) of Mattress Sets, 16 CFR
part 1633 (part 1633 standard), under
section 4 of the FFA to reduce deaths
and injuries related to mattress fires,
particularly those ignited by open-flame
sources, such as lighters, candles, and
matches. The part 1633 standard
requires manufacturers to maintain
certain records to document compliance
with the standard, including
maintaining records concerning
prototype testing, pooling, and
confirmation testing, and quality
assurance procedures and any
associated testing. The required records
must be maintained for as long as
mattress sets based on the prototype are
in production and must be retained for
3 years thereafter. Although some larger
manufacturers may produce mattresses
based on more than 100 prototypes,
most mattress manufacturers base their
complying production on 15 to 20
prototypes. OMB previously approved
the collection of information for 16 CFR
1 In the previous information collection, CPSC
used the census data for the North American
Industry Classification System (NAICS) code to
count the number of establishments that produce
mattresses. However, firms may have multiple
establishments associated with them. Accordingly,
CPSC uses the number of firms rather than the
number of establishments.

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parts 1632 and 1633, under control
number 3041–0014, with an expiration
date of April 30, 2017. The information
collection requirements under the part
1632 standard do not duplicate the
testing and recordkeeping requirements
under the part 1633 standard.
B. Burden Hours
16 CFR 1632: Staff estimates that
there are 358 respondents. It is
estimated that each respondent will
spend 26 hours for testing and record
keeping annually for a total of 9,308
hours (358 firms × 26 hours = 9,308).
The hourly compensation for the time
required for record keeping is $66.19
(U.S. Bureau of Labor Statistics,
‘‘Employer Costs for Employee
Compensation,’’ June 2016, Table 9,
total compensation of all management,
professional, and related occupations in
goods-producing industries: http://
www.bls.gov/ncs). The annualized cost
to respondents would be approximately
$616,097 (9,308 hours × $66.19).
16 CFR 1633: The standard requires
detailed documentation of prototype
identification and testing records, model
and prototype specifications, inputs
used, name and location of suppliers,
and confirmation of test records, if
establishments choose to pool a
prototype. This documentation is in
addition to documentation already
conducted by mattress manufacturers in
their efforts to meet 16 CFR part 1632.
Staff estimates that there are 358
respondents. Based on staff estimates,
the recordkeeping requirements are
expected to require about 4 hours and
44 minutes per establishment, per
qualified prototype. Although some
larger manufacturers reportedly are
producing mattresses based on more
than 100 prototypes, most mattress
manufacturers probably base their
complying production on 15 to 20
prototypes, according to an industry
representative contacted by staff.
Assuming that establishments qualify
their production with an average of 20
different qualified prototypes,
recordkeeping time is about 94.6 hours
(4.73 hours × 20 prototypes) per
establishment, per year. (Note that
pooling among establishments or using
a prototype qualification for longer than
1 year will reduce this estimate). This
translates to an annual recordkeeping
time cost to all mattress producers of
33,867 hours (94.6 hours × 358 firms).
The hourly compensation for the time
required for record keeping is $66.19
(U.S. Bureau of Labor Statistics,
‘‘Employer Costs for Employee
Compensation,’’ June 2016, Table 9,
total compensation of all management,
professional, and related occupations in

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Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices
goods-producing industries: http://
www.bls.gov/ncs). The annual total
estimated costs for recordkeeping are
approximately $2,241,657 (33,867 hours
× $66.19).
The total estimated cost to the 358
firms for the burden hours associated
with both 16 CFR part 1632 and 16 CFR
part 1633 is approximately $2.86
million annually.
C. 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: January 18, 2017.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2017–01643 Filed 1–24–17; 8:45 am]
BILLING CODE 6355–01–P

CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2009–0092]

Proposed Extension of Approval of
Information Collection; Comment
Request—Clothing Textiles, Vinyl
Plastic Film
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:

As required by the Paperwork
Reduction Act of 1995, the Consumer
Product Safety Commission (CPSC or
Commission) requests comments on a
proposed request for extension of
approval of a collection of information
from manufacturers and importers of
clothing, textiles and related materials
intended for use in clothing under the
Standard for the Flammability of
Clothing Textiles (16 CFR part 1610)

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SUMMARY:

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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 these standards. The
Office of Management and Budget
(OMB) previously approved the
collection of information under control
number 3041–0024. OMB’s most recent
extension of approval will expire on
April 30, 2017. The Commission will
consider all comments received in
response to this notice before requesting
an extension of approval of this
collection of information from OMB.
DATES: The Office of the Secretary must
receive comments not later than March
27, 2017.
ADDRESSES: You may submit comments,
identified by Docket No. CPSC–2009–
0092, by any of the following methods:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at: http://
www.regulations.gov. Follow the
instructions for submitting comments.
The Commission does not accept
comments submitted by electronic mail
(email), except through
www.regulations.gov. The Commission
encourages you to submit electronic
comments by using the Federal
eRulemaking Portal, as described above.
Written Submissions: Submit written
submissions by mail/hand delivery/
courier to: Office of the Secretary,
Consumer Product Safety Commission,
Room 820, 4330 East West Highway,
Bethesda, MD 20814; telephone (301)
504–7923.
Instructions: All submissions received
must include the agency name and
docket number for this notice. All
comments received may be posted
without change, including any personal
identifiers, contact information, or other
personal information provided, to:
http://www.regulations.gov. Do not
submit confidential business
information, trade secret information, or
other sensitive or protected information
that you do not want to be available to
the public. If furnished at all, such
information should be submitted in
writing.
Docket: For access to the docket to
read background documents or
comments received, go to: http://
www.regulations.gov, and insert the
docket number CPSC–2009–0092, into
the ‘‘Search’’ box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: For
further information contact: Robert H.
Squibb, Consumer Product Safety
Commission, 4330 East West Highway,

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8411

Bethesda, MD 20814; (301) 504–7815, or
by email to: [email protected].
SUPPLEMENTARY INFORMATION:
A. Background
The Commission has promulgated
several standards under section 4 of the
Flammable Fabrics Act (FFA), 15 U.S.C.
1193, to prohibit the use of dangerously
flammable textiles and related materials
in wearing apparel. 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 ensure 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).
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. 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 flammable clothing and
fabrics and vinyl film intended for use
in clothing. In addition, 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. Section 8
of the FFA requires that a guaranty must
be based on ‘‘reasonable and
representative tests.’’ The testing and
recordkeeping requirements by firms
that issue guaranties are set forth under
16 CFR part 1610, subpart B, and 16
CFR part 1611, subpart B.
B. Burden
The Commission estimates that
approximately 1,000 firms issue
guaranties. Although the Commission’s
records indicate that approximately 675
firms have filed continuing guaranties at
the CPSC, staff believes additional

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