Agency Information Collection Activities; Submission for OMB Review; Comment Request; Standard for the Flammability of Mattresses and Mattress Pads and Standard for the Flammability (Open Flame) of Mattress Sets

CourtConsumer Product Safety Commission
Citation88 FR 58564
Published date28 August 2023
Record Number2023-18476
SectionNotices
Federal Register, Volume 88 Issue 165 (Monday, August 28, 2023)
[Federal Register Volume 88, Number 165 (Monday, August 28, 2023)]
                [Notices]
                [Pages 58564-58565]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2023-18476]
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                CONSUMER PRODUCT SAFETY COMMISSION
                [Docket No. CPSC-2010-0055]
                Agency Information Collection Activities; Submission for OMB
                Review; Comment Request; Standard for the Flammability of Mattresses
                and Mattress Pads and Standard for the Flammability (Open Flame) of
                Mattress Sets
                AGENCY: Consumer Product Safety Commission.
                ACTION: Notice.
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                SUMMARY: As required by the Paperwork Reduction Act of 1995, the
                Consumer Product Safety Commission (CPSC or Commission) announces that
                the Commission has submitted to the Office of Management and Budget
                (OMB) a request for extension of approval for information collection
                requirements set forth in the Standard for the Flammability of
                Mattresses and Mattress Pads, and the Standard for the Flammability
                (Open Flame) of Mattress Sets, approved previously under OMB control
                number 3041-0014. On June 20, 2023, CPSC published a notice in the
                Federal Register to announce the agency's intention to seek extension
                of approval of the collection of information. The Commission has
                received no comments. Therefore, by publication of this notice, the
                Commission announces that CPSC has submitted to the OMB a request for
                extension of approval of that collection of information, without
                change.
                DATES: Submit written or electronic comments not later than September
                27, 2023.
                ADDRESSES: Submit comments about this request by email:
                [email protected] or fax: 202-395-6881. Comments by mail
                should be sent to the Office of Information and Regulatory Affairs,
                Attn: OMB Desk Officer for the CPSC, Office of Management and Budget,
                Room 10235, 725 17th Street NW, Washington, DC 20503. Comments by mail
                should be sent to the Office of Information and Regulatory Affairs,
                Attn: OMB Desk Officer for the CPSC, Office of Management and Budget,
                Room 10235, 725 17th Street NW, Washington, DC 20503. Written comments
                that are sent to OMB also should be submitted electronically at: http://www.regulations.gov, under Docket No. CPSC-2010-0055.
                FOR FURTHER INFORMATION CONTACT: Cynthia Gillham, Consumer Product
                Safety Commission, 4330 East West Highway, Bethesda, MD 20814; (301)
                504-7791, or by email to: [email protected].
                SUPPLEMENTARY INFORMATION:
                A. Background
                 In 1972, the Commission promulgated under section 4 of the
                Flammable Fabrics Act (FFA), 15 U.S.C. 1193, the Standard for the
                Flammability of Mattresses and Mattresses Pads, 16 CFR part 1632 (part
                1632), to reduce the unreasonable risk of burn injuries and deaths from
                fires associated with mattresses and mattress pads. 49 FR 19796. Part
                1632 prescribes requirements to test whether a mattress or mattress pad
                will resist ignition from a smoldering cigarette. Part 1632 also
                requires manufacturers to perform successfully prototype tests of each
                combination of materials and construction methods used to produce their
                mattresses or mattress pads. Manufacturers and importers must maintain
                the records and test results specified under the standard for three
                years.
                 Also, to reduce deaths and injuries related to mattress fires,
                particularly those ignited by open-flame sources, such as lighters,
                candles, and matches, the Commission promulgated the Standard for the
                Flammability (Open Flame) of Mattress Sets, 16 CFR part 1633 (part
                1633), under section 4 of the FFA. Part 1633 requires manufacturers to
                maintain certain records to document compliance with the standard,
                including maintaining records concerning prototype testing, pooling,
                and confirmation testing, and quality assurance procedures and any
                associated testing. The required records must be maintained for as long
                as mattress sets based on the prototype are in production and be
                retained for three years thereafter.
                 OMB previously approved the collection of information for parts
                1632 and 1633 under control number 3041-0014, with an expiration date
                of August 31, 2023. On June 20, 2023, the Commission published a notice
                in the Federal Register (88 FR 39832), to announce the agency's
                intention to seek extension of approval of the collection of
                information for control number 3041-0014. The Commission has received
                no comments. Therefore, by publication of this notice, the Commission
                announces that CPSC has submitted to the OMB a request for extension of
                approval of that collection of information, without change.
                B. Burden Hours
                 Part 1632: Commission staff estimates 403 respondents produce
                mattresses, and that each respondent will spend 26 hours for testing
                and record keeping annually, for a total of 10,478 hours (403
                establishments x 26 hours = 10,478). The hourly compensation for the
                time required for record keeping is $72.68 (for management,
                professional, and related occupations in goods-producing industries,
                Bureau of Labor Statistics, March 2023). Staff's estimated annualized
                cost to respondents is approximately $761,541 (10,478 hours x $72.68
                per hour).
                 Part 1633: Part 1633 requires detailed documentation of prototype
                identification and testing records, model and prototype specifications,
                inputs used, name and location of suppliers, and confirmation of test
                records, if establishments choose to pool a prototype. This
                documentation is in addition to documentation already conducted by
                mattress manufacturers to meet part 1632. Staff again estimates that
                there are 403 respondents.
                 Using these estimates, including records of reported burden hours
                since 2017, Commission staff estimates the recordkeeping requirements
                to require about 4 hours and 44 minutes per establishment, per
                qualified prototype. Most mattress manufacturers base their complying
                production on 15 to 20 prototypes, although some larger manufacturers
                reportedly are producing mattresses based on more than 100 prototypes.
                Assuming that establishments qualify their production with an average
                of 20 different qualified prototypes, recordkeeping time is about
                [[Page 58565]]
                94.6 hours (4.73 hours x 20 prototypes) per establishment, per year.
                This translates to an estimated annual recordkeeping time cost to all
                mattress producers of 38,124 hours (94.6 hours x 403 establishments).
                The hourly compensation for the time required for record keeping is
                $72.68 (for management, professional, and related occupations in goods-
                producing industries, Bureau of Labor Statistics, March 2023).\1\
                Accordingly, the annual total estimated cost for recordkeeping is
                approximately $2,770,852 (38,124 hours x $72.68 per hour). Pooling
                among establishments or using a prototype qualification for longer than
                1 year will reduce the hours required and associated cost, however.
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                 \1\ We updated this estimate from the June 20, 2023 notice (88
                FR 39833) to use the more recent March 2023 Bureau of Labor
                Statistics.
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                 The total estimated annual cost to the 403 establishments for the
                burden hours associated with parts 1632 and 1633 is approximately $3.5
                million ($761,541+ $2,770,852 = $3,532,393.
                Alberta E. Mills,
                Secretary, Consumer Product Safety Commission.
                [FR Doc. 2023-18476 Filed 8-25-23; 8:45 am]
                BILLING CODE 6355-01-P
                

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