60-Day FR Notice

14654

Federal Register / Vol. 85, No. 50 / Friday, March 13, 2020 / Notices

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 and the Standard for
the Flammability of Vinyl Plastic Film.
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
June 30, 2020. The CPSC 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 May 12,
2020.
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: https://
www.regulations.gov. Follow the
instructions for submitting comments.
The CPSC does not accept comments
submitted by electronic mail (email),
except through https://
www.regulations.gov. The CPSC
encourages you to submit electronic
comments by using the Federal
eRulemaking Portal, as described above.
Mail/hand delivery/courier Written
Submissions: Submit comments by
mail/hand delivery/courier to: Division
of the Secretariat, Consumer Product
Safety Commission, Room 820, 4330
East West Highway, Bethesda, MD
20814; telephone (301) 504–7479.
Instructions: All submissions received
must include the agency name and
docket number for this notice. All

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comments received may be posted
without change, including any personal
identifiers, contact information, or other
personal information provided, to:
https://www.regulations.gov. Do not
submit electronically confidential
business information, trade secret
information, or other sensitive or
protected information that you do not
want to be available to the public. If you
wish to submit such information please
submit it according to the instructions
for written submissions.
Docket: For access to the docket to
read background documents or
comments received, go to: https://
www.regulations.gov, and insert the
docket number, CPSC–2009–0092, into
the ‘‘Search’’ box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT:
Cynthia Gillham, Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814; (301)
504–7791, or by email to: cgillham@
cpsc.gov.
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
CPSC uses the information compiled
and maintained by firms that issue these
guaranties to help protect the public

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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
CPSC 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 CPSC estimates that
approximately 1,000 firms issue
guaranties. Although the CPSC’s past
records indicate that approximately 675
firms have filed continuing guaranties at
the CPSC, staff believes additional
guarantees may be issued that are not
filed with the Commission.
Accordingly, staff has estimated the
number of firms upwards to account for
those guaranties to 1000 firms. Staff
estimated the burden hours based on an
estimate of the time for each firm to
conduct testing, issue guaranties, and to
establish and maintain associated
records.
• Burden Hours per Firm—An
estimated 5 hours for testing per firm,
using either the test and conditioning
procedures in the regulations or
alternate methods. Although many firms
are exempt from testing to support
guaranties under 16 CFR 1610.1(d),
CPSC staff does not know the
proportion of those firms that are testing
vs. those that are exempt. Thus, staff has
included testing for all firms in the
burden estimates.
• Guaranties Issued per Firm—On
average, 20 new guaranties are issued
per firm per year for new fabrics or
garments.
• Estimated Annual Testing Time per
Firm—100 hours 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.

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Federal Register / Vol. 85, No. 50 / Friday, March 13, 2020 / Notices
• Total Estimated Annual Industry
Burden Hours—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).
• Total Annual Industry Cost—The
hourly wage for the testing and
recordkeeping required by the standards
is approximately $70.17 (for
management, professional, and related
occupations in goods-producing
industries, Bureau of Labor Statistics,
September, 2019), for an estimated
annual cost to the industry of
approximately $7.1 million (101,600 ×
$70.17 = $7,129,272).
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.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2020–05138 Filed 3–12–20; 8:45 am]

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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
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, and the
Standard for the Flammability (Open
Flame) of Mattress Sets. These
regulations establish testing and
recordkeeping requirements for
manufacturers and importers subject to
the standards. The Office of
Management and Budget (OMB)
previously approved the collection of
information under control number
3041–0014. OMB’s most recent
extension of approval will expire on
June 30, 2020. The CPSC 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 May 12,
2020.
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: https://
www.regulations.gov. Follow the
instructions for submitting comments.
The CPSC does not accept comments
submitted by electronic mail (email),
except through https://
www.regulations.gov. The CPSC
encourages you to submit electronic
comments by using the Federal
eRulemaking Portal, as described above.
Mail/hand delivery/courier Written
Submissions: Submit comments by
mail/hand delivery/courier to: Division
of the Secretariat, Consumer Product
Safety Commission, Room 820, 4330
East West Highway, Bethesda, MD
20814; telephone (301) 504–7479.
SUMMARY:

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14655

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:
https://www.regulations.gov. Do not
submit electronically confidential
business information, trade secret
information, or other sensitive or
protected information that you do not
want to be available to the public. If you
wish to submit such information please
submit it according to the instructions
for written submissions.
Docket: For access to the docket to
read background documents or
comments received, go to: https://
www.regulations.gov, and insert the
docket number, CPSC–2010–0055, into
the ‘‘Search’’ box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT:
Cynthia Gillham, Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814; (301)
504–7791, or by email to: cgillham@
cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
Approximately 344 establishments
produce mattresses. 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

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