OMB0003_non-complying_products_2020_SupportingStatement

SUPPORTING STATEMENT
A. Justification
1. Information to be collected and circumstances that make the collection of information
necessary
The regulations codified at 16 CFR 1019, establish procedures for export of
noncomplying products. These regulations implement provisions of the Consumer
Product Safety Act, the Federal Hazardous Substances Act, and the Flammable Fabrics
Act, as amended by the Consumer Product Safety Improvement Act. Persons and firms
are required to notify the Commission before exporting any product that fails to comply
with an applicable standard or regulations enforced under provisions of those laws. The
Commission is required to transmit the information relating to the proposed exportation
to the government of the country of intended destination. In addition, for any consumer
product that is not in conformity with an applicable consumer product safety rule, exports
from the United States may be prohibited unless the importing country has notified the
Commission that such country accepts the importation of such consumer product. 15
U.S.C. 2067.
2. Use and sharing of collected information
The Congressional intent of the export amendments was to assure that foreign countries
would use the information to make informed choices about whether to permit the entry
into their territories of products that are prohibited from commerce in this country.
Based on a review of the proposed information collection activities, staff has found the
Privacy Act does not apply because no electronic information system or records subject
to the Privacy Act will be created.
3. Use of information technology (IT) in information collection
No specific format is required for submitting the notification. Consequently, each
exporter may use whatever automated, electronic, mechanical, or other form of
information technology they prefer to notify the Commission.
4. Efforts to identify duplication
The rules in 16 C.F.R. 1019 were published on June 12, 1996 (61 FR 29647) as a
proposal with opportunity for submission of written comments. Of the comments
received, none identified any other source of the information required to be submitted by
the regulations in Part 1019. There is no similar information available since the
information is developed only when a person or firm decides to export a non-complying
product.

5. Impact on small businesses
The notification requirement may affect small organizations. However, no more
information is requested than is necessary to satisfy the statutory requirements for
notification.
6. Consequences to Federal program or policy activities if collection is not conducted or
is conducted less frequently
Any reduction in the notification burden would result in the failure to comply with the
appropriate statute and reduce CPSC’s ability to notify the government of the country
that is to receive the exported products. Foreign countries would be unable to make
informed choices about whether to permit the entry into their territories of products that
are prohibited from commerce in this country.
7. Special circumstances requiring respondents to report information more often than
quarterly or to prepare responses in fewer than 30 days
The person or firm must notify the Commission at least 30 days before the scheduled
exportation; therefore, frequency of reporting depends on a firm’s or person’s individual
exportation plans.
8. Agency’s Federal Register Notice and related information
The FR notice announcing CPSC’s intent to request an extension of approval of
information collection requirements was published on July 23, 2020. No substantive
comments were received.
9. Decision to provide payment or gift
Not applicable.
10. Assurance of confidentiality
If an exporter believes any of the information submitted should be considered trade secret
or privileged or confidential commercial or financial information, the exporter must
request confidential treatment, in writing, at the time the information is submitted or must
indicate that a request will be made within 10 working days. The Commission’s
regulations under the Freedom of Information Act, 16 C.F.R. 1015, govern treatment of
information submitted to the Commission.
11. Questions of a sensitive nature
There are no questions of a sensitive nature involved in a notification of intent to export
non-complying products.

12. Estimate of hour burden to respondents
Based on a review of the number of export requests during the last three years, the
Commission staff estimates that approximately 9 notifications will be received from an
estimated 7 firms per year. The staff further estimates that the average time for each
response is one hour, for a total of 9 hours of annual burden.
The annualized cost to respondents would be $632 based on 9 hours at $70.23/hour
(based on total compensation of all private industry workers in management,
professional, and related occupations in U.S. goods-producing industries, March 2020,
Bureau of Labor Statistics).
13. Estimate of total annual cost burden to respondents
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 Commission staff estimates that it takes about three hours to process an export
notification and enter the information in the appropriate database. The receipt and
processing of notifications would require approximately 27 staff hours or approximately
$2,604. This is based on a GS-14 level salaried employee. The average hourly wage rate
for a mid-level salaried GS-14 employee in the Washington, DC metropolitan area
(effective as of January 2020) is $65.88 (GS-14, step 5). This represents 68.3 percent of
total compensation (U.S. Bureau of Labor Statistics, “Employer Costs for Employee
Compensation,” March 2020, Table 2, percentage of wages and salaries for all civilian
management, professional, and related employees: http://www.bls.gov/ncs/). Adding the
additional 31.7 percent for total benefits brings average hourly compensation for a midlevel salaried GS-14 employee to $96.46. Assuming that approximately 27 hours will be
required annually, this results in an annual cost of $2,604.
15. Program changes or adjustments
Burden estimate has remained essentially unchanged based on Commission experience
over the previous three years.
16. Plans for tabulation and publication
The Commission has no plans to publish this 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. Statistical Methods – Collection of information will not employ statistical methods.