[Federal Register: April 16, 2009 (Volume 74, Number 72)]
[Notices]
[Page 17637-17638]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap09-21]
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CONSUMER PRODUCT SAFETY COMMISSION
Proposed Extension of Approval of Information Collection; Comment
Request--Testing and Recordkeeping Requirements for Carpets and Rugs
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
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SUMMARY: As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the Consumer Product Safety Commission (Commission)
requests comments on a proposed extension of approval, for a period of
three years from the date of approval by the Office of Management and
Budget (OMB), of information collection requirements for manufacturers
and importers of carpets and rugs. The collection of information is in
regulations implementing the Standard for the Surface Flammability of
Carpets and Rugs (16 CFR Part 1630) and the Standard for the Surface
Flammability of Small Carpets and Rugs (16 CFR Part 1631). These
regulations establish requirements for testing and recordkeeping for
manufacturers and importers who furnish guaranties for
[[Page 17638]]
products subject to the carpet flammability standards. The Commission
will consider all comments received in response to this notice before
requesting an extension of approval of this collection of information
from the OMB.
DATES: The Office of the Secretary must receive comments not later than
June 15, 2009.
ADDRESSES: Written comments should be captioned ``Carpets and Rugs;
Paperwork Reduction Act,'' and sent by e-mail to cpsc-os@cpsc.gov.
Comments may also be sent by facsimile to (301) 504-0127, or by mail to
the Office of the Secretary, Consumer Product Safety Commission, 4330
East West Highway, Bethesda, Maryland 20814.
FOR FURTHER INFORMATION CONTACT: For information about the proposed
collection of information call or write Linda Glatz, Division of Policy
and Planning, Office of Information Technology and Technology Services,
Consumer Product Safety Commission, 4330 East West Highway, Bethesda,
MD 20814; telephone: (301) 504-7671 or by e-mail to lglatz@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. The Standards
Carpets and rugs that have one dimension greater than six feet, a
surface area greater than 24 square feet, and are manufactured for sale
in or imported into the United States are subject to the Standard for
the Surface Flammability of Carpets and Rugs (16 CFR Part 1630).
Carpets and rugs that have no dimension greater than six feet and a
surface area not greater than 24 square feet are subject to the
Standard for the Surface Flammability of Small Carpets and Rugs (16 CFR
Part 1631).
Both of these standards were issued under the Flammable Fabrics Act
(FFA) (15 U.S.C. 1191 et seq.). Both standards require that products
subject to their provisions must pass a flammability test that measures
resistance to a small, timed ignition source. Small carpets and rugs
that do not pass the flammability test comply with the standard for
small carpets and rugs if they are permanently labeled with the
statement that they fail the standard and should not be used near
sources of ignition.
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. Section 8 of the FFA requires that a guaranty
must be based on ``reasonable and representative'' tests. Many
manufacturers and importers of carpets and rugs issue guaranties that
the products they produce or import comply with the applicable
standard. Regulations implementing the carpet flammability standards
prescribe requirements for testing and recordkeeping by firms that
issue guaranties. See 16 CFR Part 1630, Subpart B, and 16 CFR Part
1631, Subpart B. The Commission uses the information compiled and
maintained by firms that issue these guaranties to help protect the
public from risks of injury or death associated with carpet fires. More
specifically, the information helps the Commission 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. The Commission also uses this
information to determine whether the requisite testing was performed to
support the guaranties.
The OMB approved the collection of information in the regulations
under control number 3041-0017. OMB's most recent extension of approval
expires on June 30, 2009. The Commission now proposes to request an
extension of approval for the collection of information in the
regulations.
B. Estimated Burden
The Commission staff estimates that the enforcement rules result in
an industry expenditure of a total of 30,000 hours for testing and
recordkeeping. The Commission staff estimates that 120 firms are
subject to the information collection requirements because the firms
have elected to issue a guaranty of compliance with the FFA. The number
of tests that a firm issuing a guaranty of compliance would be required
to perform each year varies, depending upon the number of carpet styles
and the annual volume of production. The staff estimates that the
average firm issuing a continuing guaranty under the FFA is required to
conduct a maximum of 200 tests per year. The actual number of tests
required by a given firm may vary from 1 to 200, depending upon the
number of carpet styles and the annual production volume. For purposes
of estimating the burden, the staff used the midpoint, 100 tests per
year. The time required to conduct each test is estimated by the staff
to be 2\1/2\ hours plus the time required to establish and maintain the
test record. The total annualized burden to respondents may be up to
12,000 tests per year at 2.5 hours per test or 30,000 hours. The
estimated annualized cost to respondents may be up to $1,646,400, based
on an hourly wage of $54.88 (Bureau of Labor Statistics: All workers,
goods-producing industries, management, professional and related,
September 2008) x 30,000 hours. The estimated annual cost of the
information and collection requirements to the Federal Government is
approximately $42,000. This sum includes three staff months expended
for examination of the records required to be maintained.
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.
Dated: April 10, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E9-8714 Filed 4-15-09; 8:45 am]
BILLING CODE 6355-01-P