Supporting Statement Part A_AerosolDusterProducts_2024

SUPPORTING STATEMENT - PART A

Banned Hazardous Substances: Aerosol Duster Products Containing More Than 18 mg in Any Combination of HFC-152a and/or HFC-134a
OMB Control Number

1. Need for the Information Collection

The U.S. Consumer Product Safety Commission (Commission or CPSC) is proposing to declare that any aerosol duster products that contain more than 18 mg in any combination of HFC–152a and/or HFC–134a are banned hazardous substances under the Federal Hazardous Substances Act (FHSA). For the ten-year period from 2012 to 2021, CPSC is aware of more than 1,000 deaths, and estimates 21,700 treated injuries involving the inhalation of aerosol duster products. This rulemaking is conducted under the provisions of the FHSA and the Consumer Product Safety Act (CPSA). 15 U.S.C. 1261–1278; 15 U.S.C. 2058. The proposed rule addresses deaths and injuries associated with the propellants HFC-152a and HFC-134a.

This proposed rule contains information collection requirements that are subject to public comment and review by the Office of Management and Budget (OMB) under the Paperwork

Reduction Act of 1995 (PRA). 44 U.S.C. 3501–3521. We describe the provisions in this section of the document with an estimate of the annual reporting burden. Our estimate includes the time for gathering certificate data and creating General Certificates of Conformity (GCCs), the keeping and maintaining of records associated with the GCCs, and the disclosure of GCCs to distributors and retailers.

2. Use of the Information

Section 14(a)(1) of the CPSA, 15 U.S.C. 2063(a)(1), would require manufacturers to certify that their products conform to the proposed rule and issue a GCC. A GCC is used to: (1) identify the product covered by the certificate, (2) cite the CPSC product safety rule(s) to which the product is being certified, (3) identify the domestic manufacturer or importer certifying compliance of the product, (4) provide the contact information of the individual maintaining records of test results, (5) indicate the date and place of manufacture, (6) indicate the date(s) and place(s) of testing, and (7) identify any third-party laboratory who conducted the testing. The GCC is an important to tool in reducing the risk of injury or fatality associated with the hazardous consumer product.

3. Use of Information Technology

CPSC invites comment on ways to reduce the burden of the collection of information on

respondents, including the use of automated collection techniques, when appropriate, and other forms of information technology.

4. Non-duplication

The information obtained through this collection is unique and is not already available for use or adaptation from another source.

5. Burden on Small Businesses

The information collection would apply to all manufacturers and importers of aerosol duster products. Among the 26 manufacturers of aerosol duster products, 20 would be considered small firms according to Small Business Administration (SBA) thresholds. Staff identified five wholesalers/importers of aerosol duster products. According to SBA size standards, two of these firms would be considered small and three would be considered large.

Given the significant impact that the proposed rule would have on the market overall, staff assesses that there would be a significant impact on a substantial number of small entities from the information collection.

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.

6. Less Frequent Collection

For the ten-year period from 2012 to 2021, CPSC is aware of more than 1,000 deaths, and estimates 21,700 treated injuries involving the inhalation of aerosol duster products. Less frequent collection of information could reduce the effectiveness of the proposed rule to reduce the risk of death and injury associated with aerosol duster products.

7. Paperwork Reduction Act Guidelines

This collection of information does not require collection to be conducted in a manner inconsistent with the guidelines delineated in 5 CFR 1320.5(d)(2).

8. Consultation and Public Comments

Part A: PUBLIC NOTICE

As required under the PRA (44 U.S.C. 3507(d)), CPSC has submitted the information collection requirements of this proposed rule to the OMB for review.

A Federal Register Notice (FRN) for the collection published on Wednesday, July 31, 2024. The FRN citation is 89 FRN 61363. The Federal Register did not receive any comments on the Paperwork Reduction Act burden estimates.

Part B: CONSULTATION

On February 27, 2023, ASTM Committee F15 hosted an exploratory meeting discussing potential solutions that would prevent intentional inhalation and abuse of aerosol duster products such as including bitterants, warning labels, and use of alternative propellants and alternative technologies. On March 4, 2024, ASTM Committee F15 hosted a second exploratory meeting to discuss developing a possible future voluntary standard and forming a task group for the prevention of intentional inhalation and abuse of aerosol duster products. To date no such task group has been formed.

9. Gifts or Payment

No payments or gifts are being offered to respondents as an incentive to participate in the collection.

10. Confidentiality

A Privacy Act Statement is not required for this collection because we are not requesting individuals to furnish personal information for a system of records.

A System of Record Notice (SORN) is not required for this collection because records are not retrievable by PII.

A Privacy Impact Assessment (PIA) is not required for this collection because PII is not being collected electronically.

11. Sensitive Questions

No questions considered sensitive are being asked in this collection.

12. Respondent Burden and its Labor Costs

We describe the provisions in this section of the document with an estimate of the annual reporting burden. Our estimate includes the time for gathering certificate data and creating

General Certificates of Conformity (GCCs), the keeping and maintaining of records associated with the GCCs, and the disclosure of GCCs to distributors and retailers.

Staff estimates the burden of this collection of information in the following table:

Burden Type	Number of respondents	Frequency of response	Total Annual Responses	Minutes per response	Total burden hours
GCC Creation	30	5	150	20	50
Recordkeeping	30	5	150	2	5
Third Party Disclosure	30	500	15,000	5	1,250

Section 14(a)(1) of the CPSA, 15 U.S.C. 2063(a)(1), would require manufacturers to certify that their products conform to the proposed rule and issue a GCC. There are 31 known corporate entities supplying aerosol duster products to the U.S. market (consisting of 26 manufacturers and 5 wholesalers/importers), and we assume the majority of these entities would respond annually, though this may be an overestimate.

On average, each entity may respond 5 times per year for collection requirements related to compliant aerosol duster products in the market. Each manufacturer or importer that

responds may create 5 certificates annually for a total of 150 responses (30 responses × 5 responses per respondent = 150 annual responses). The estimated time required to create a GCC is about twenty minutes. Therefore, the estimated burden associated with issuance of GCCs is 50 hours (150 responses × 20 minutes per response = 50 hours).

We estimate for the purpose of this burden analysis that records supporting GCC creation, including testing records, would be maintained for a 5-year period. Staff estimates another 150 record-keeping responses, each one of which requires two minutes per year in routine recordkeeping. This adds up to 5 hours (150 records × 2 min per record = 300 minutes or 5 hours).

Section 14(g)(3) of the CPSA also requires that GCCs be disclosed to third party retailers and distributors. We estimate that each respondent will submit 5 GCCs to 100 retailers or

distributors annually. Therefore, respondents are estimated to disclose 15,000 GCCs to third party retailers and distributors annually (30 responses × 500 disclosures per year = 15,000 responses). Staff estimates each one of which requires 5 minutes per year. This

adds up to 1,205 hours (15,000 responses × 5 minutes per response = 75,000 minutes or 1,250 hours).

Based on this analysis, the proposed ban for aerosol duster products would impose a total paperwork burden to industry of 1,305 hours (50 hours for GCC creation + 5 hours for

recordkeeping + 1,250 hours for third-party disclosure). To estimate the cost to industry staff uses total compensation data from the U.S. Bureau of Labor Statistics (BLS) on hourly compensation paid to private industry workers in goods-producing industries of $44.75.49. At an hourly wage rate of $44.75, the estimated cost of the collection is $58,399 annually (1,305 hours × $44.75 = $58,398.75).

13. Respondent Costs Other Than Burden Hour Costs

There are no operating, maintenance, or capital costs associated with the collection.

14. Cost to the Federal Government

The estimated annual cost of the information collection requirements to the Federal Government is approximately $4,774, which includes 60 staff hours to examine and evaluate the information, as needed, for CPSC’s compliance activities. This is based on a GS-12, step 5 level salaried employee. The average hourly wage rate for a mid-level salaried GS-12 employee in the Washington, DC metropolitan area (effective as of January 2024) is $53.87 (GS-12, step 5). This represents 67.7 percent of total compensation (U.S. Bureau of Labor Statistics, “Employer Costs for Employee Compensation,” June 2024, Table 2., percentage of wages and salaries for all civilian management, professional, and related employees: https://www.bls.gov/news.release/archives/ecec_09102024.pdf). Adding an additional 32.3 percent for benefits brings average annual compensation for a mid-level salaried GS-12 employee to $79.57 per hour. Assuming that approximately 60 hours will be required annually, this results in an annual cost of $4,774 ($79.57 per hour × 60 hours = $4,774.20).

15. Reasons for Change in Burden

This is a new collection with a new associated burden.

16. Publication of Results

The results of this information collection will not be published.

17. Non-Display of OMB Expiration Date

We are not seeking approval to omit the display of the expiration date of the OMB approval on the collection instrument.

18. Exceptions to “Certification for Paperwork Reduction Submissions”

We are not requesting any exemptions to the provisions stated in 5 CFR 1320.9.