Supporting Statement_2020_OMB_0024_1610and1611

INFORMATION COLLECTION REQUEST (ICR):
OMB 83-I SUPPORTING STATEMENT
A. Justification
1. Information to be collected and circumstances that make the collection of
information necessary
The Flammable Fabrics Act of 1953 (FFA) (Pub. L. 83-88, 67 Stat.111; June 30, 1953)
prohibits the manufacture for sale, importation, or sale in commerce of any article of
wearing apparel or any fabric or related material intended for use in wearing apparel
which exhibits “rapid and intense” burning when tested in accordance with the standard
identified as “Flammability of Clothing Textiles, Commercial Standard 191-53” or the
standard identified as “General Purpose Vinyl Plastic Film, Commercial Standard 19253.” Those standards are now codified as the Standard for the Flammability of Clothing
Textiles (16 C.F.R. Part 1610) and the Standard for the Flammability of Vinyl Plastic
Film (16 C.F.R. Part 1611). They prohibit the use of dangerously flammable textiles and
related materials in wearing apparel.
Garments, fabrics, and related materials which are subject to the standards must meet the
requirements of the applicable standard when tested by the Commission. Manufacturers
and importers of those garments, fabrics, and related materials are not required to
perform premarket testing unless they elect to issue a guaranty that products comply with
the applicable standard. Enforcement regulations issued under section 5 of the FFA (15
U.S.C. Part 1194) implement both standards. These regulations specify the testing
necessary to support a guaranty that items comply with the applicable standard. These
regulations also require maintenance of records of testing to support guaranties.
2. Use and sharing of collected information and impact on privacy
The Commission uses the information compiled and maintained by firms issuing
guaranties with the flammability standards for clothing textiles and vinyl film to help
protect the public from risks of injury or death from fires involving wearing apparel.
More specifically, the information helps the Commission arrange corrective actions if any
garments, fabrics, or related materials 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. The Commission also uses this information to determine whether the required
testing was performed to support guaranties of compliance with the flammability
standards for clothing or textiles and vinyl film.
3. Use of information technology (IT) in information collection
The enforcement regulations require firms issuing guaranties to perform testing and to
maintain records of testing to support guaranties for three years. Firms may elect to use
automated, mechanical, or electronic technology to compile and maintain the information
required by the enforcement regulations.

4. Efforts to identify duplication
The information contained in the records of testing required by the enforcement
regulations is not available from any source other than the individual firms issuing
guaranties with the flammability standards for clothing textiles and vinyl plastic film.
5. Impact on small business
In 1988, the Commission reviewed the economic impact of the flammability standards
for clothing textiles and vinyl plastic film and enforcement regulations on small
businesses. The Commission concluded that the standards and regulations do not have a
significant economic impact upon a substantial number of small businesses.
6. Consequence to Federal program or policy activities if collection is not conducted or
is conducted less frequently
Section 8(a) of the FFA (15 U.S.C. Part 1197(a)) requires that a guaranty of compliance
with a flammability standard must be supported by “reasonable and representative” tests
in accordance with the applicable standard. If the testing to support guaranties with the
flammability standards for clothing textiles and vinyl plastic film were performed less
frequently than specified in the enforcement regulations, that testing would no longer be
“representative” of the products covered by the guaranty. In its 1988 review of the
standards for clothing textiles and vinyl plastic film for economic impact on small
businesses, the Commission observed that amendments of the implementing regulations
in 1983 and 1984 may have reduced the testing and recordkeeping burdens of the
standards to all firms by as much as 40 percent.
7. Special circumstances requiring respondents to report information more often than
quarterly or to prepare responses in fewer than 30 days
The collection of information in the flammability standards for clothing textiles and vinyl
plastic film and enforcement regulations is not conducted under any of the conditions
described in item number 7.
8. Agency’s Federal Register Notice and related information
A notice soliciting comments on the Commission’s intent to request an extension of a
previously approved collection of data was published in the FR on March 13, 2020 (85
FR 14654). No comments were received.
9. Decision to provide payment or gift
No gifts or payments are made to persons or firms subject to the flammability standards
for clothing textiles and vinyl plastic film.

10. Assurance of confidentiality
If a firm believes that any of the information required to be maintained by the standards
and enforcement rules is a trade secret or confidential, the firm may identify that
information before submitting it to the Commission. That information then becomes
subject to the Commission’s procedures for withholding confidential information from
public disclosure. Those procedures are codified at 16 C.F.R. Part 1015, Subpart B. If
such information is requested from the Commission under provisions of the Freedom of
Information Act, the firm is notified and given the opportunity to respond prior to the
Commission’s release of the information.
11. Questions of a sensitive nature
The flammability standards for clothing textiles and vinyl plastic film and enforcement
regulations do not require firms to compile or maintain records containing any
information of a sensitive nature.
12. Estimate of hour burden to respondents
The Commission’s estimate of 1,000 firms that issue guaranties is based on the number
of continuing guaranties that have been filed with the Commission. The Commission’s
last updated records indicate that approximately 675 firms have active continuing
guaranties. Because continuing guaranties are not required to be filed with the
Commission, CPSC staff rounded the number of firms up to 1,000. The Commission
estimates that the flammability standards for clothing textiles and vinyl plastic film and
enforcement regulations impose an average annual burden of about 101.6 hours on each
of those firms, based on an estimate of the time for each firm to conduct testing, issue
guaranties, and to establish and maintain associated records. The average annual burden
hour estimate of 101.6 is based on the following assumptions, which are based, among
other things, on staff’s experience with and expertise in testing requirements and
procedures and staff’s review of records relating to guaranties that have been filed with
the Commission:
• Testing Time—5 hours per test series, using either the test and conditioning procedures
in the regulations or alternate methods that are now allowed under the 2007 amendments
to the regulations (this was applied to all firms for each guaranty, even though many
firms no longer test because the products are exempt by virtue of weight or fiber content
under 16 CFR 1610.1(d), or because the firms’ experience indicates that the fabrics
already comply)
• Guaranties Issued—On average, 20 new guaranties issued per firm per year for new
fabrics or garments
• Estimated Annual Testing Time per Firm—5 hours for testing × 20 guaranties issued =
100 hours per firm
• Estimated Annual Recordkeeping per Firm—1 hour to create, record, and enter test data
into a computerized dataset; 20 minutes (= 0.3 hours) for annual review/removal of
records; 20 minutes (= 0.3 hours) to respond to one CPSC records request per year; for a

total of 1.6 recordkeeping hours per firm (1 hour + .3 hours + .3 hours = 1.6 hours per
firm)
• Total Estimated Annual Burden Hours per Firm—100 hours Estimated Annual Testing
Time per Firm + 1.6 Estimated Annual Recordkeeping hours per Firm = 101.6 hours per
firm
• Estimated Annual Industry Burden—101.6 hours per firm × 1,000 firms issuing
guaranties = 101,600 industry burden hours. The total annual industry burden imposed by
the flammability standards for clothing textiles and vinyl plastic film and enforcement
regulations on manufacturers and importers of garments, fabrics, and related materials is
estimated to be about 101,600 hours (101.6 hours per firm × 1,000 firms).
The hourly compensation for the time required for record keeping is $70.17 (U.S. Bureau
of Labor Statistics, “Employer Costs for Employee Compensation,” September 2019,
Supplementary table 1, total compensation of all management, professional, and related
occupations in goods-producing industries: http://www.bls.gov/ncs). The estimated
annualized cost to the industry would be $7.1 million (101,600 ×$70.17 = $7,129,272).
13. Estimate of total annual cost burden to respondents
The only costs to firms subject to the flammability standards for clothing textiles and
vinyl plastic film and enforcement regulations are those described in item 12, above.
14. Estimate of annualized costs to the Federal government
The estimated annual cost of the information collection requirements to the federal
government is approximately $5,483, which includes 80 staff hours to examine and
evaluate the information as needed for Compliance activities. This is based on a GS-12
level salaried employee. The average hourly wage rate for a mid-level salaried GS-12
employee in the Washington, DC metropolitan area is $46.88 (GS-12, step 5). This
represents 68.4 percent of total compensation costs (U.S. Bureau of Labor Statistics,
“Employer Costs for Employee Compensation,” September 2019, Table 1, percentage of
wages and salaries for all civilian management, professional, and related employees:
http://www.bls.gov/ncs/). Adding the remaining 31.6 percent for benefits brings average
hourly compensation costs for a mid-level salaried GS-12 employee to $68.54.
Assuming that approximately 80 hours will be required annually, the annual cost to the
Federal government is $5,483.
15. Program changes or adjustments
No change has been made to the collection of information in the flammability standards
for clothing textiles and vinyl plastic film and enforcement regulations since it was last
approved by OMB.
16. Plans for tabulation and publication

The Commission does not publish any of the information required to be compiled or
maintained by firms subject to the flammability standards for clothing textiles and vinyl
plastic film and enforcement regulations.
17. Rationale for not displaying the expiration date for OMB approval
The Commission does not request permission to avoid display of the expiration date of
OMB approval of this collection of information.
18. Exception to the certification statement
No exception is made to the certification statement in item 19 of OMB Form 83-I.
B. Collections of information employing statistical methods
Not applicable.