Information Collection Request (ICR)
Safety Standard for Walk-Behind Lawn Mowers
Supporting Statement
OMB Control Number 3041-0091
A. Justification
The Safety Standard for Walk-Behind Power Lawn Mowers (16 CFR 1205) was issued on February 15, 1979. The labeling requirements of the Standard became effective on December 31, 1979, while the performance requirements became effective on June 30, 1982. The Standard was issued under the authority of Sections 7 and 9 of the Consumer Product Safety Act (CPSA) (15 U.S.C. 2056 and 2058).
The Standard is intended to reduce the risk of injury to consumers caused by contact, primarily of the hand and foot, with the rotating blade of the mower. To comply with the Standard, manufacturers must assure that each mower model meets specified performance criteria listed under the Standard. In addition to the Standard, a
Certification Rule which requires the maintenance of records, was issued under Section 14(a) of the CPSA [15 U.S.C. 2063(a)]. Under Section 14(a), manufacturers must issue certificates that the product complies with the Standard and base that certificate on a
test of each product or on a "reasonable testing program." The certification rule requires manufacturers (including importers) to also establish and maintain written records which show that the certificates of compliance issued are based on a test of each mower or on a reasonable testing program. The records are to be maintained for a period of at least three years from the date of certification of each mower or each production lot. The certification rule (See 1205.35(a, b) also requires that the certificates be in the form of a label on the product stating (1) "Meets CPSC blade safety requirements"; (2) an identification of the production lot; (3) the name of the person or firm issuing the certificate; (4) the location where the product was principally assembled; and (5) the month and year the product was manufactured.
The required recordkeeping is used to assure compliance with the standard. The records are maintained by the firm or the firm's resident agent and made available to a designated officer or employee of the Commission at his or her request. The lack of written test records would require an increase in Federal Government inspections and sample collections for testing to determine the industry's compliance with the Standard.
3. Use of information technology (IT) in information collection
None.
No other U.S. agency has similar requirements for lawn mowers. No similar information regarding the compliance status of individual lawn mower models is available.
Based on current knowledge of the industry, smaller firms will have an overall lesser burden of testing and recordkeeping due to the lower number of lawn mower models and/or production lots manufactured.
CPSC provides a variety of resources to help both new and experienced small businesses learn about safety requirements that apply to consumer products, including the CPSC Regulatory Robot, small business education videos, and the Small Business Ombudsman. Many of these resources can be accessed online at: https://www.cpsc.gov/Business--Manufacturing/Small-Business-Resources. Small firms can reach the Small Business Ombudsman by calling (888) 531-9070.
The rule does not require any particular frequency of records, only that records be kept of the tests required by 15 U.S.C. 2063. If these records were not kept, the purpose explained in Item (2) above would not be achieved.
7. Special circumstances requiring respondents to report information more often than quarterly or to prepare responses in fewer than 30 days
None.
A Federal Register Notice announcing the agency’s proposed request for a renewal of approval was published Wednesday, June 8, 2022. 87 FR 34862. One comment was received.
While the commenter did not provide any comments on the burden hour estimates made by CPSC, nor whether the estimates need to be increased, based on estimates provided by the commenter (OPEI), CPSC has updated the burden estimates for the collection as follows:
Increasing the estimated time burden for conducting a reasonable testing program from three (3) hours daily to eight (8), and CPSC increases our estimate of the total hour burden for testing by industry from 11,310 hours to 30,160 hours. Accordingly, the estimated annual cost burden for testing by industry is increased from $796, 224 to $2,308,936.50.
The CPSC hourly wage estimate matches the description of the technical expertise needed as described by the commenter. In addition, CPSC has shared the commenter’s public request to meet with staff and will review the matter further.
9. Decision to provide payment or gift
Not applicable.
Records cited as being confidential remain confidential in accordance with procedures issued under the Freedom of Information Act (5 U.S.C. 522). 16 C.F.R. Subpart B.
11. Questions of a sensitive nature.
Not applicable.
The potential respondent universe consists of approximately 29 manufacturers and importers. Based on knowledge developed by CPSC from previous compliance inspections conducted for lawn mowers subject to the standard, it is estimated that one individual per establishment expends eight hours daily engaged in conducting a reasonable testing program used to certify an entire production lot of lawn mowers. This involves testing approximately five to six lawn mowers per day, including recording of results in some form of a retrievable record system. The testing is performed over 130 estimated yearly production days, based on a highly seasonal production period. Thus, total hour burden to respondents is estimated to be 1,040 hours per firm (8 x 130), and total hour burden for the industry is estimated to be 30,160 hours (29 firms x 1,040 hours).
The rule also requires that information be included on permanent labels attached to the lawn mowers. This label serves as a certificate of compliance with the rule. The label must include identification of the production lot; the name of the person or firm issuing the certificate; the location where the product was principally assembled, and; the month and year the product was manufactured. Because this information is information that the manufacturer would be expected to develop during the design, testing, and manufacturing process, the information should be readily available and it could take a manufacturer an additional hour per production day to collect the information and place it on the label. Therefore, an additional 130 hours per firm have been added to the total burden. For the 29 firms involved, total estimated additional burden related to labeling is 3,770 hours.
Aggregate burden hours related to testing, recordkeeping, and labeling are estimated to be 520 hours per firm and 33,930 hours (30,160 + 3,770) for the industry.
Annual testing, reporting and recordkeeping costs burden is estimated to be $2,176,044 based on 30,160 hours x $72.15 (total compensation for management, professional, and related workers in goods-producing industries) and annual cost burden related to labeling is estimated to be $132,892.50 based on 3,770 hours x $35.25 (total compensation for all sales and office workers in goods-producing industries).0 Aggregate annual burden costs related to testing, recordkeeping, and labeling are estimated to be $2,308,936.50 ($2,176,044 + $132,892.50) for the industry.
There are no costs to respondents beyond those presented in A.12. There are no operating, maintenance, or capital costs associated with the collection.
During a typical year, the Commission will expend approximately two weeks (or 80 hours) of professional staff time reviewing records required to be maintained by the certification regulations for walk-behind power mowers. Estimated cost to the federal government is based on performance of the work by employees paid at a GS-12 Step 5 pay rate of $48.78 per hour.0 According to the most recent Employer Costs for Employee Compensation, this represents approximately 68.2 percent of total compensation for management, professional and related occupational groups.0 Therefore, total hourly compensation for an employee at the GS-12 Step 5 pay rate will have a value of $71.52. The annual cost to the federal government of the collection of information is therefore estimated to be about $5,721.60 ($71.52 x 80 hours).
No change has been made to the collection of information in the Safety Standard for Walk-Behind Lawn Mowers since it was last approved by OMB.
Since the last PRA approval in 2019, burden estimates are increased due to agency digression based upon an increase in the estimated number of firms manufacturing and importing walk-behind lawn mowers, an increase from 25 estimated firms to 29.
Plans for tabulation and publication
Not applicable.
Rationale for not displaying the expiration date for OMB approval
Not applicable.
Not applicable.
B. Collection of Information Employing Statistical Methods
Not applicable.
0 U.S. Bureau of Labor Statistics, “Employer Costs for Employee Compensation,” December 2021, Table 4. Private industry workers by occupational and industry group - 2021 Q04 Results (bls.gov).
0 2022 General Schedule (GS) Locality Pay Tables for Washington-Baltimore-Northern Virginia.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Title | [dard] |
| Author | James R. Cline |
| File Modified | 0000-00-00 |
| File Created | 2022-09-30 |