81_FR_5029 81 FR 5010 - Agency Information Collection Activities; Proposed Collection; Comment Request; Third Party Testing of Children's Products

81 FR 5010 - Agency Information Collection Activities; Proposed Collection; Comment Request; Third Party Testing of Children's Products

CONSUMER PRODUCT SAFETY COMMISSION

Federal Register Volume 81, Issue 19 (January 29, 2016)

Page Range5010-5013
FR Document2016-01699

In accordance with the requirements of the Paperwork Reduction Act (``PRA'') of 1995 (44 U.S.C. chapter 35), the Consumer Product Safety Commission (``Commission'' or ``CPSC'') announces that the Commission has submitted to the Office of Management and Budget (``OMB'') a request for extension of approval of a collection of information for Third Party Testing of Children's Products, approved previously under OMB Control No. 3041-0159. In the Federal Register of November 16, 2015 (80 FR 70762), the CPSC published a notice to announce the agency's intention to seek extension of approval of the collection of information. The Commission received one comment, which is addressed in this notice. 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.

Federal Register, Volume 81 Issue 19 (Friday, January 29, 2016)
[Federal Register Volume 81, Number 19 (Friday, January 29, 2016)]
[Notices]
[Pages 5010-5013]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01699]



[[Page 5010]]

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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2010-0038]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Third Party Testing of Children's Products

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In accordance with the requirements of the Paperwork Reduction 
Act (``PRA'') of 1995 (44 U.S.C. chapter 35), the Consumer Product 
Safety Commission (``Commission'' or ``CPSC'') announces that the 
Commission has submitted to the Office of Management and Budget 
(``OMB'') a request for extension of approval of a collection of 
information for Third Party Testing of Children's Products, approved 
previously under OMB Control No. 3041-0159. In the Federal Register of 
November 16, 2015 (80 FR 70762), the CPSC published a notice to 
announce the agency's intention to seek extension of approval of the 
collection of information. The Commission received one comment, which 
is addressed in this notice. 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 on the collection of 
information by February 29, 2016.

ADDRESSES: Submit comments about this request by email: 
OIRA[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. In addition, 
written comments that are sent to OMB also should be submitted 
electronically at: http://www.regulations.gov, under Docket No. CPSC-
2010-0038.

FOR FURTHER INFORMATION CONTACT: Robert H. Squibb, Consumer Product 
Safety Commission, 4330 East West Highway, Bethesda, MD 20814; (301) 
504-7815, or by email to: [email protected].

SUPPLEMENTARY INFORMATION: 
    Comment on the Proposed Extension: CPSC received one comment from 
the government of India that raised several issues on the proposed 
extension of approval of the collection of information related to 
moving the marking and labeling burden requirements for section 104 
rules into the collection of information for Third Party Testing of 
Children's Products. A summary of the issues raised and our responses 
appear below. For the reasons discussed below, CPSC has not made any 
amendments to the proposed renewal as a result of the comment.
    Issue 1: The commenter stated that the ``proposed rule'' would 
require ``manufacturers of children's products . . . to follow all the 
paperwork requirements associated with the section 104 rules.'' The 
commenter objected to the proposed paperwork requirements, stating that 
the requirements would ``significantly increase the burden on the 
manufacturers and importers of children's products.'' The commenter 
described the types of increased burden anticipated, and asked the CPSC 
``whether there was any injury or risk attached or reported from the 
listed products which lead to the proposed regulation.''
    Response 1: The commenter appears to misunderstand the intent of 
CPSC's Federal Register notice. CPSC did not issue a proposed rule that 
would change the paperwork requirements for children's products 
generally, or for rules on durable infant and toddler products issued 
pursuant to section 104 of the Consumer Product Safety Improvement Act 
of 2008 (``CPSIA'') (``section 104 rules''). Rather, CPSC's notice was 
intended to make stakeholders aware that CPSC is seeking approval from 
OMB of a renewal of an existing collection of information, which is a 
process required by the PRA. For information collection renewals, the 
PRA requires agencies to estimate the burden to stakeholders and the 
burden to the U.S. government to meet existing paperwork requirements. 
Addressing the renewal of an existing collection of information, CPSC's 
notice does not require any manufacturer or importer to increase, 
alter, amend, or decrease a paperwork burden associated with any rule 
issued by the CPSC, including section 104 rules.
    CPSC's Federal Register notice fulfilled CPSC's obligation under 
the PRA to notify the public about the estimated burden calculation for 
the information collection for Third Party Testing of Children's 
Products and to seek approval of the renewal from OMB. To increase 
CPSC's administrative efficiency, CPSC proposed to consolidate the 
existing paperwork burden estimate for 14 rules that were created 
pursuant to section 104 into one OMB control number for Third Party 
Testing of Children's Products. The marking and labeling requirements 
for each of the 14 section 104 rules, set forth in Table 1, were 
established in separate prior rulemaking proceedings, which were all 
subject to notice and comment rulemaking. Moving the estimated burden 
for meeting marking and labeling requirements for these 14 section 104 
rules does not change the existing paperwork burden for manufacturers 
and importers. If OMB approves the renewal of the collection of 
information for Third Party Testing of Children's Products, including 
existing paperwork requirements for marking and labeling of products 
subject to a section 104 rule, CPSC will account for the burden of 
testing and labeling of children's products under one OMB control 
number, 3041-0159, instead of using the 15 separate OMB control numbers 
in use today. To avoid confusion, and as shown in Table 1, CPSC will 
discontinue use of the 14 OMB control numbers currently in use for 
section 104 rules.
    Issue 2: The commenter highlighted Article 5.1.2 of the World Trade 
Organization Agreement on Technical Barriers to Trade regarding 
unnecessary obstacles to international trade. Article 5.1.2 states:

conformity assessment procedures are not prepared, adopted or 
applied with a view to or with the effect of creating unnecessary 
obstacles to international trade. This means, inter alia, that 
conformity assessment procedures shall not be more strict or be 
applied more strictly than is necessary to give the importing Member 
adequate confidence that products conform with the applicable 
technical regulations or standards, taking account of the risks non-
conformity would create.

    Response 2: After reviewing Article 5.1.2, CPSC does not believe 
that the Article is applicable to the CPSC's proposed renewal of the 
collection of information for Third Party Testing of Children's 
Products or the proposed reallocation of the paperwork burden for 
section 104 rules. CPSC's notice does not alter or amend any existing 
technical regulation or paperwork requirement for children's products. 
Rather, for administrative purposes, CPSC is consolidating existing 
collections of information.
    Issue 3: The commenter stated that the ``quality, utility and 
clarity'' of the products could be derived from general marking 
procedures provided for ``in the infant products,'' and the commenter 
asked about the necessity of adding marking and labeling requirements 
for section 104 rules, and also inquired about how the proposed 
requirement would be implemented.

[[Page 5011]]

    Response 3: CPSC will not implement changes to marking and labeling 
requirements faced by industry because CPSC is not changing or adding 
any marking or labeling requirements for children's products or for 
section 104 rules. The marking and labeling requirements for each of 
the 14 section 104 rules were established in separate prior rulemaking 
proceedings, which were all subject to notice and comment rulemaking.
    Issue 4: The commenter stated that implementation of the proposed 
requirement ``may lead to unnecessary delay and escalate the cost'' for 
export of children's products to the United States. The commenter 
stated that because the ``proposed regulation'' could create ``a huge 
cost for Indian exports of children's products, India may like to seek 
bilateral consultation with USA to sort out the issue.''
    Response 4: Discontinuing use of 14 existing OMB control numbers 
for section 104 rules and moving the burden allocation into one OMB 
control number for Third Party Testing of Children's Products will not 
create any new requirements for manufacturers or importers, and 
therefore, will not cause delay or increased costs. Going forward, 
CPSC's use of a single OMB control number should reduce burden and 
costs for CPSC to meet PRA renewal requirements, which must be updated 
every 3 years.
    Description of the Collection: CPSC has submitted the following 
currently approved collection of information to OMB for extension:
    Title: Third Party Testing of Children's Products
    OMB Number: 3041-0159
    Type of Review: Renewal of collection for third party testing of 
children's products and inclusion of the previously approved burden for 
marking and labeling of durable infant and toddler products into this 
collection of information.

General Description of Collection

    Testing and Certification: On November 8, 2011, the Commission 
issued two rules for implementing third party testing and certification 
of children's products, as required by section 14 of the Consumer 
Product Safety Act (``CPSA''):
     Testing and Labeling Pertaining to Product Certification 
(76 FR 69482, codified at 16 CFR part 1107; ``the testing rule''); and
     Conditions and Requirements for Relying on Component Part 
Testing or Certification, or Another Party's Finished Product Testing 
or Certification to Meet Testing and Certification Requirements (76 FR 
69547, codified at 16 CFR part 1109; ``the component part rule'').
    The testing rule establishes requirements for manufacturers to 
conduct initial third party testing and certification of children's 
products, testing when there has been a material change in the product, 
continuing testing (periodic testing), and guarding against undue 
influence. A final rule on Representative Samples for Periodic Testing 
of Children's Products (77 FR 72205, Dec. 5, 2012) amended the testing 
rule to require that representative samples be selected for periodic 
testing of children's products.
    The component part rule is a companion to the testing rule that is 
intended to reduce third party testing burdens by providing all parties 
involved in the required testing and certifying of children's products 
the flexibility to conduct or rely upon testing where it is the easiest 
and least expensive. Certification of a children's product can be based 
upon one or more of the following: (a) Component part testing; (b) 
component part certification; (c) another party's finished product 
testing; or (d) another party's finished product certification.
    Records required by the testing rule and the rule on selecting 
representative samples appear in 16 CFR 1107.26. Required records 
include a certificate, and records documenting third party testing and 
related sampling plans. These requirements largely overlap the 
recordkeeping requirements in the component part rule, codified at 16 
CFR 1109.5(g). Duplicate recordkeeping is not required; records need to 
be created and maintained only once to meet the applicable 
recordkeeping requirements. The component part rule also requires 
records that enable tracing a product or component back to the entity 
that had a product tested for compliance, and also requires 
attestations of due care to ensure test result integrity.
    Section 104 Rules: The Commission has issued 14 section 104 rules. 
Section 104 rules issued to date appear in Table 1. Each section 104 
rule contains requirements for marking, labeling, and instructional 
literature:
     Each product and the shipping container must have a 
permanent label or marking that identifies the name and address (city, 
state, and zip code) of the manufacturer, distributor, or seller.
     A permanent code mark or other product identification 
shall be provided on the infant carrier and its package or shipping 
container, if multiple packaging is used. The code will identify the 
date (month and year) of manufacture and permit future identification 
of any given model.
    Each standard also requires products to include easy-to-read and 
understand instructions regarding assembly, maintenance, cleaning, use, 
and adjustments, where applicable.
    OMB has assigned control numbers for the estimated burden to comply 
with marking and labeling requirements in each section 104 rule. With 
this renewal, CPSC is moving the marking and labeling burden 
requirements for section 104 rules into the collection of information 
for Third Party Testing of Children's Products. The paperwork burdens 
associated with the section 104 rules are appropriately included in the 
collection for Third Party Testing of Children's Products because all 
of the section 104 products are also required to be third party tested. 
Having all of the burden hours under one collection for children's 
products provides one OMB control number and eases the administrative 
burden of renewing multiple collections. CPSC will discontinue using 
the OMB control numbers currently assigned to individual section 104 
rules. The discontinued OMB control numbers are listed in Table 1.
    Frequency of Response: On occasion.
    Affected Public: Manufacturers and importers of children's products 
subject to a children's product safety rule.
    Estimated Number of Respondents:
    Testing and Certification: CPSC reviewed every category in the 
NAICS and selected categories that included firms that could 
manufacture or sell any consumer product that could be covered by a 
consumer product safety rule. Using data from the U.S. Census Bureau, 
we determined that there were approximately 34,000 manufacturers, about 
77,000 wholesalers, and about 133,000 retailers in these categories. 
However, these categories also include many non-children's products, 
which are not covered by any children's product safety rules. 
Therefore, these numbers would constitute an overestimate of the number 
of firms that are subject to the recordkeeping requirements.
    Section 104 Rules: Table 1 summarizes the durable infant and 
toddler products subject to the marking and labeling requirements being 
moved into OMB control number 3041-0159.

[[Page 5012]]



                                         Table 1--Estimated Burden for Marking and Labeling in Section 104 Rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                               Total
         Discontinued OMB  Control No.             16 CFR Part                 Description                     Mfrs.          Models        respondent
                                                                                                                                               hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
3041-0145......................................            1215  Safety Standard for Infant Bath Seats..               7               2              14
3041-0141......................................            1216  Safety Standard for Infant Walkers.....              16               4              64
3041-0150......................................            1217  Safety Standard for Toddler Beds.......              78              10             780
3041-0157......................................            1218  Safety Standard for Bassinets and                    62               5             310
                                                                  Cradles.
3041-0147......................................            1219  Safety Standard for Full-Size Cribs....              78              11             858
3041-0147......................................            1220  Safety Standard for Non-Full-Size Cribs              24               4              96
3041-0152......................................            1221  Safety Standard for Play Yards.........              31               4             124
3041-0160......................................            1222  Safety Standard for Infant Bedside                    5               2              10
                                                                  Sleepers.
3041-0155......................................            1223  Safety Standard for Swings.............              10              11             110
3041-0149......................................            1224  Safety Standard for Portable Bedrails..              17               2              34
3041-0158......................................            1225  Safety Standard for Hand-Held Infant                 71               2             142
                                                                  Carriers.
3041-0162......................................            1226  Safety Standard for Soft Infant and                  54               2             108
                                                                  Toddler Carriers.
3041-0164......................................            1227  Safety Standard for Carriages and                    85               8             680
                                                                  Strollers.
3041-0166......................................            1230  Safety Standard for Frame Child                      16               3              48
                                                                  Carriers (not effective until 9/2016).
                                                                                                         -----------------------------------------------
    Total burden hours.........................  ..............  .......................................  ..............  ..............           3,378
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated Time per Response:
    Testing and Certification: Based on comments received during 
rulemaking for the testing rule, we estimate recordkeeping for 
approximately 300,000 non-apparel children's products per year, with an 
average of 5 hours of recordkeeping burden associated with each 
product. We also estimate recordkeeping for approximately 1.3 million 
children's apparel and footwear products per year, with an average of 3 
hours of recordkeeping burden associated with each product. 
Manufacturers that are required to conduct periodic testing have an 
additional recordkeeping burden estimated at 4 hours per representative 
sampling plan.
    Section 104 Rules: Each section 104 rule contains a similar 
analysis for marking and labeling that estimates the time to make any 
necessary changes to marking and labeling requirements at one hour per 
model.
    Total Estimated Annual Burden:
    Testing and Certification: The total estimated annual burden for 
recordkeeping associated with the testing rule is 5.4 million hours 
(300,000 non-apparel children's products x 5 hours per non-apparel 
children's product + 1,300,000 children's apparel products x 3 hours 
per children's apparel product = 1.5 million hours + 3.9 million hours, 
or a total of 5.4 million hours).
    Representative Sampling Plans for Periodic Testing: We estimate 
that if each product line averages 50 individual models or styles, then 
a total of 32,000 individual representative sampling plans (1.6 million 
children's products / 50 models or styles) would need to be developed 
and documented. This would require 128,000 hours (32,000 plans x 4 
hours per plan). If each product line averages 10 individual models or 
styles, then a total of 160,000 different representative sampling plans 
(1.6 million children's products / 10 models or styles) would need to 
be documented. This would require 640,000 hours (160,000 plans x 4 
hours per plan). Accordingly, the requirement to document the basis for 
selecting representative samples could increase the estimated annual 
burden by up to 640,000 hours.
    Component Part Testing: The component part rule shifts some testing 
costs and some recordkeeping costs to component part and finished 
product suppliers because some testing will be performed by these 
parties rather than by the finished product certifiers (manufacturers 
and importers). Even if a finished product certifier can rely entirely 
on component part and finished product suppliers for all required 
testing, however, the finished product supplier will still have some 
recordkeeping burden to create and maintain a finished product 
certificate. Therefore, although the component part testing rule may 
reduce the total cost of the testing required by the testing and 
certification rule, the rule increases the estimated annual 
recordkeeping burden for those who choose to use component part 
testing.
    Because we do not know how many companies participate in component 
part testing and supply test reports or certifications to other 
certifiers in the supply chain, we have no concrete data to estimate 
the recordkeeping and third party disclosure requirements in the 
component part rule. Likewise, no clear method exists for estimating 
the number of finished product certifiers who conduct their own 
component part testing. In the component part rulemaking, we suggested 
that the recordkeeping burden for the component part testing rule could 
amount to 10 percent of the burden estimated for the testing and 
labeling rule. 76 FR 69546, 69579 (Nov. 8, 2011). Currently, we have no 
basis to change this estimate.
    In addition to recordkeeping, the component part rule requires 
third party disclosure of test reports and certificates, if any, to a 
certifier who intends to rely on such documents to issue its own 
certificate. Without data, allocation of burden estimation between the 
recordkeeping and third party disclosure requirements is difficult. 
However, based on our previous analysis, we continue to estimate that 
creating and maintaining records accounts for approximately 90 percent 
of the burden, while the third party disclosure burden is much less, 
perhaps approximately 10 percent. Therefore, if we continue to use the 
estimate that component part testing will amount to about 10 percent of 
the burden estimated for the testing rule, then the hour burden of the 
component part rule is estimated to be about 540,000 hours total 
annually (10% of 5.4 million hours); allocating 486,000 hours for 
recordkeeping and 54,000 hours for third party disclosure.
    Section 104 Rules: The burden for marking and labeling for each 
section 104 rule is provided in Table 1. The estimated total number of 
respondent hours is 3,378.


[[Page 5013]]


    Dated: January 26, 2016.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2016-01699 Filed 1-28-16; 8:45 am]
 BILLING CODE 6355-01-P



                                                  5010                           Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Notices

                                                  CONSUMER PRODUCT SAFETY                                 labeling burden requirements for section               marking and labeling requirements for
                                                  COMMISSION                                              104 rules into the collection of                       each of the 14 section 104 rules, set
                                                                                                          information for Third Party Testing of                 forth in Table 1, were established in
                                                  [Docket No. CPSC–2010–0038]
                                                                                                          Children’s Products. A summary of the                  separate prior rulemaking proceedings,
                                                  Agency Information Collection                           issues raised and our responses appear                 which were all subject to notice and
                                                  Activities; Proposed Collection;                        below. For the reasons discussed below,                comment rulemaking. Moving the
                                                  Comment Request; Third Party Testing                    CPSC has not made any amendments to                    estimated burden for meeting marking
                                                  of Children’s Products                                  the proposed renewal as a result of the                and labeling requirements for these 14
                                                                                                          comment.                                               section 104 rules does not change the
                                                  AGENCY: Consumer Product Safety                            Issue 1: The commenter stated that                  existing paperwork burden for
                                                  Commission.                                             the ‘‘proposed rule’’ would require                    manufacturers and importers. If OMB
                                                  ACTION: Notice.                                         ‘‘manufacturers of children’s products                 approves the renewal of the collection
                                                                                                          . . . to follow all the paperwork                      of information for Third Party Testing of
                                                  SUMMARY:   In accordance with the                       requirements associated with the                       Children’s Products, including existing
                                                  requirements of the Paperwork                           section 104 rules.’’ The commenter                     paperwork requirements for marking
                                                  Reduction Act (‘‘PRA’’) of 1995 (44                     objected to the proposed paperwork                     and labeling of products subject to a
                                                  U.S.C. chapter 35), the Consumer                        requirements, stating that the                         section 104 rule, CPSC will account for
                                                  Product Safety Commission                               requirements would ‘‘significantly                     the burden of testing and labeling of
                                                  (‘‘Commission’’ or ‘‘CPSC’’) announces                  increase the burden on the                             children’s products under one OMB
                                                  that the Commission has submitted to                    manufacturers and importers of                         control number, 3041–0159, instead of
                                                  the Office of Management and Budget                     children’s products.’’ The commenter                   using the 15 separate OMB control
                                                  (‘‘OMB’’) a request for extension of                    described the types of increased burden                numbers in use today. To avoid
                                                  approval of a collection of information                 anticipated, and asked the CPSC                        confusion, and as shown in Table 1,
                                                  for Third Party Testing of Children’s                   ‘‘whether there was any injury or risk                 CPSC will discontinue use of the 14
                                                  Products, approved previously under                     attached or reported from the listed                   OMB control numbers currently in use
                                                  OMB Control No. 3041–0159. In the                       products which lead to the proposed                    for section 104 rules.
                                                  Federal Register of November 16, 2015                   regulation.’’
                                                  (80 FR 70762), the CPSC published a                        Response 1: The commenter appears                     Issue 2: The commenter highlighted
                                                  notice to announce the agency’s                         to misunderstand the intent of CPSC’s                  Article 5.1.2 of the World Trade
                                                  intention to seek extension of approval                 Federal Register notice. CPSC did not                  Organization Agreement on Technical
                                                  of the collection of information. The                   issue a proposed rule that would change                Barriers to Trade regarding unnecessary
                                                  Commission received one comment,                        the paperwork requirements for                         obstacles to international trade. Article
                                                  which is addressed in this notice. By                   children’s products generally, or for                  5.1.2 states:
                                                  publication of this notice, the                         rules on durable infant and toddler                    conformity assessment procedures are not
                                                  Commission announces that CPSC has                      products issued pursuant to section 104                prepared, adopted or applied with a view to
                                                  submitted to the OMB a request for                      of the Consumer Product Safety                         or with the effect of creating unnecessary
                                                  extension of approval of that collection                Improvement Act of 2008 (‘‘CPSIA’’)                    obstacles to international trade. This means,
                                                                                                          (‘‘section 104 rules’’). Rather, CPSC’s                inter alia, that conformity assessment
                                                  of information, without change.                                                                                procedures shall not be more strict or be
                                                  DATES: Submit written or electronic                     notice was intended to make                            applied more strictly than is necessary to
                                                  comments on the collection of                           stakeholders aware that CPSC is seeking                give the importing Member adequate
                                                  information by February 29, 2016.                       approval from OMB of a renewal of an                   confidence that products conform with the
                                                  ADDRESSES: Submit comments about
                                                                                                          existing collection of information,                    applicable technical regulations or standards,
                                                  this request by email: OIRA_                            which is a process required by the PRA.                taking account of the risks non-conformity
                                                  submission@omb.eop.gov or fax: 202–                     For information collection renewals, the               would create.
                                                  395–6881. Comments by mail should be                    PRA requires agencies to estimate the
                                                                                                          burden to stakeholders and the burden                    Response 2: After reviewing Article
                                                  sent to the Office of Information and                                                                          5.1.2, CPSC does not believe that the
                                                  Regulatory Affairs, Attn: OMB Desk                      to the U.S. government to meet existing
                                                                                                          paperwork requirements. Addressing                     Article is applicable to the CPSC’s
                                                  Officer for the CPSC, Office of                                                                                proposed renewal of the collection of
                                                                                                          the renewal of an existing collection of
                                                  Management and Budget, Room 10235,                                                                             information for Third Party Testing of
                                                                                                          information, CPSC’s notice does not
                                                  725 17th Street NW., Washington, DC                                                                            Children’s Products or the proposed
                                                                                                          require any manufacturer or importer to
                                                  20503. In addition, written comments                                                                           reallocation of the paperwork burden for
                                                                                                          increase, alter, amend, or decrease a
                                                  that are sent to OMB also should be                                                                            section 104 rules. CPSC’s notice does
                                                                                                          paperwork burden associated with any
                                                  submitted electronically at: http://                                                                           not alter or amend any existing
                                                                                                          rule issued by the CPSC, including
                                                  www.regulations.gov, under Docket No.                                                                          technical regulation or paperwork
                                                                                                          section 104 rules.
                                                  CPSC–2010–0038.                                            CPSC’s Federal Register notice                      requirement for children’s products.
                                                  FOR FURTHER INFORMATION CONTACT:                        fulfilled CPSC’s obligation under the                  Rather, for administrative purposes,
                                                  Robert H. Squibb, Consumer Product                      PRA to notify the public about the                     CPSC is consolidating existing
                                                  Safety Commission, 4330 East West                       estimated burden calculation for the                   collections of information.
                                                  Highway, Bethesda, MD 20814; (301)                      information collection for Third Party                   Issue 3: The commenter stated that
                                                  504–7815, or by email to: rsquibb@                      Testing of Children’s Products and to                  the ‘‘quality, utility and clarity’’ of the
                                                  cpsc.gov.                                               seek approval of the renewal from OMB.                 products could be derived from general
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  SUPPLEMENTARY INFORMATION:                              To increase CPSC’s administrative                      marking procedures provided for ‘‘in the
                                                     Comment on the Proposed Extension:                   efficiency, CPSC proposed to                           infant products,’’ and the commenter
                                                  CPSC received one comment from the                      consolidate the existing paperwork                     asked about the necessity of adding
                                                  government of India that raised several                 burden estimate for 14 rules that were                 marking and labeling requirements for
                                                  issues on the proposed extension of                     created pursuant to section 104 into one               section 104 rules, and also inquired
                                                  approval of the collection of information               OMB control number for Third Party                     about how the proposed requirement
                                                  related to moving the marking and                       Testing of Children’s Products. The                    would be implemented.


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                                                                                 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Notices                                            5011

                                                    Response 3: CPSC will not implement                   Finished Product Testing or                            on the infant carrier and its package or
                                                  changes to marking and labeling                         Certification to Meet Testing and                      shipping container, if multiple
                                                  requirements faced by industry because                  Certification Requirements (76 FR                      packaging is used. The code will
                                                  CPSC is not changing or adding any                      69547, codified at 16 CFR part 1109;                   identify the date (month and year) of
                                                  marking or labeling requirements for                    ‘‘the component part rule’’).                          manufacture and permit future
                                                  children’s products or for section 104                     The testing rule establishes                        identification of any given model.
                                                  rules. The marking and labeling                         requirements for manufacturers to                         Each standard also requires products
                                                  requirements for each of the 14 section                 conduct initial third party testing and                to include easy-to-read and understand
                                                  104 rules were established in separate                  certification of children’s products,                  instructions regarding assembly,
                                                  prior rulemaking proceedings, which                     testing when there has been a material                 maintenance, cleaning, use, and
                                                  were all subject to notice and comment                  change in the product, continuing                      adjustments, where applicable.
                                                  rulemaking.                                             testing (periodic testing), and guarding                  OMB has assigned control numbers
                                                    Issue 4: The commenter stated that                    against undue influence. A final rule on               for the estimated burden to comply with
                                                  implementation of the proposed                          Representative Samples for Periodic                    marking and labeling requirements in
                                                  requirement ‘‘may lead to unnecessary                   Testing of Children’s Products (77 FR                  each section 104 rule. With this
                                                  delay and escalate the cost’’ for export                72205, Dec. 5, 2012) amended the                       renewal, CPSC is moving the marking
                                                  of children’s products to the United                    testing rule to require that                           and labeling burden requirements for
                                                  States. The commenter stated that                       representative samples be selected for                 section 104 rules into the collection of
                                                  because the ‘‘proposed regulation’’                     periodic testing of children’s products.               information for Third Party Testing of
                                                  could create ‘‘a huge cost for Indian                      The component part rule is a                        Children’s Products. The paperwork
                                                  exports of children’s products, India                   companion to the testing rule that is                  burdens associated with the section 104
                                                  may like to seek bilateral consultation                 intended to reduce third party testing                 rules are appropriately included in the
                                                  with USA to sort out the issue.’’                       burdens by providing all parties
                                                    Response 4: Discontinuing use of 14                                                                          collection for Third Party Testing of
                                                                                                          involved in the required testing and                   Children’s Products because all of the
                                                  existing OMB control numbers for                        certifying of children’s products the
                                                  section 104 rules and moving the                                                                               section 104 products are also required to
                                                                                                          flexibility to conduct or rely upon                    be third party tested. Having all of the
                                                  burden allocation into one OMB control                  testing where it is the easiest and least
                                                  number for Third Party Testing of                                                                              burden hours under one collection for
                                                                                                          expensive. Certification of a children’s               children’s products provides one OMB
                                                  Children’s Products will not create any                 product can be based upon one or more
                                                  new requirements for manufacturers or                                                                          control number and eases the
                                                                                                          of the following: (a) Component part                   administrative burden of renewing
                                                  importers, and therefore, will not cause                testing; (b) component part certification;
                                                  delay or increased costs. Going forward,                                                                       multiple collections. CPSC will
                                                                                                          (c) another party’s finished product                   discontinue using the OMB control
                                                  CPSC’s use of a single OMB control                      testing; or (d) another party’s finished
                                                  number should reduce burden and costs                                                                          numbers currently assigned to
                                                                                                          product certification.                                 individual section 104 rules. The
                                                  for CPSC to meet PRA renewal                               Records required by the testing rule
                                                  requirements, which must be updated                                                                            discontinued OMB control numbers are
                                                                                                          and the rule on selecting representative               listed in Table 1.
                                                  every 3 years.                                          samples appear in 16 CFR 1107.26.
                                                    Description of the Collection: CPSC                                                                             Frequency of Response: On occasion.
                                                                                                          Required records include a certificate,
                                                  has submitted the following currently                   and records documenting third party                       Affected Public: Manufacturers and
                                                  approved collection of information to                   testing and related sampling plans.                    importers of children’s products subject
                                                  OMB for extension:                                      These requirements largely overlap the                 to a children’s product safety rule.
                                                    Title: Third Party Testing of                                                                                   Estimated Number of Respondents:
                                                                                                          recordkeeping requirements in the
                                                  Children’s Products                                                                                               Testing and Certification: CPSC
                                                    OMB Number: 3041–0159                                 component part rule, codified at 16 CFR
                                                                                                          1109.5(g). Duplicate recordkeeping is                  reviewed every category in the NAICS
                                                    Type of Review: Renewal of collection
                                                                                                          not required; records need to be created               and selected categories that included
                                                  for third party testing of children’s
                                                                                                          and maintained only once to meet the                   firms that could manufacture or sell any
                                                  products and inclusion of the
                                                                                                          applicable recordkeeping requirements.                 consumer product that could be covered
                                                  previously approved burden for marking
                                                                                                          The component part rule also requires                  by a consumer product safety rule.
                                                  and labeling of durable infant and
                                                                                                          records that enable tracing a product or               Using data from the U.S. Census Bureau,
                                                  toddler products into this collection of
                                                                                                          component back to the entity that had                  we determined that there were
                                                  information.
                                                                                                          a product tested for compliance, and                   approximately 34,000 manufacturers,
                                                  General Description of Collection                       also requires attestations of due care to              about 77,000 wholesalers, and about
                                                     Testing and Certification: On                        ensure test result integrity.                          133,000 retailers in these categories.
                                                  November 8, 2011, the Commission                           Section 104 Rules: The Commission                   However, these categories also include
                                                  issued two rules for implementing third                 has issued 14 section 104 rules. Section               many non-children’s products, which
                                                  party testing and certification of                      104 rules issued to date appear in Table               are not covered by any children’s
                                                  children’s products, as required by                     1. Each section 104 rule contains                      product safety rules. Therefore, these
                                                  section 14 of the Consumer Product                      requirements for marking, labeling, and                numbers would constitute an
                                                  Safety Act (‘‘CPSA’’):                                  instructional literature:                              overestimate of the number of firms that
                                                     • Testing and Labeling Pertaining to                    • Each product and the shipping                     are subject to the recordkeeping
                                                  Product Certification (76 FR 69482,                     container must have a permanent label                  requirements.
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                                                  codified at 16 CFR part 1107; ‘‘the                     or marking that identifies the name and                   Section 104 Rules: Table 1
                                                  testing rule’’); and                                    address (city, state, and zip code) of the             summarizes the durable infant and
                                                     • Conditions and Requirements for                    manufacturer, distributor, or seller.                  toddler products subject to the marking
                                                  Relying on Component Part Testing or                       • A permanent code mark or other                    and labeling requirements being moved
                                                  Certification, or Another Party’s                       product identification shall be provided               into OMB control number 3041–0159.




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                                                  5012                                  Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Notices

                                                                                TABLE 1—ESTIMATED BURDEN FOR MARKING AND LABELING IN SECTION 104 RULES
                                                                                                                                                                                                                                                              Total
                                                      Discontinued OMB                   16 CFR Part                                             Description                                                Mfrs.                     Models               respondent
                                                         Control No.                                                                                                                                                                                          hours

                                                  3041–0145     .....................                   1215        Safety Standard for Infant Bath Seats ................                                                7                          2              14
                                                  3041–0141     .....................                   1216        Safety Standard for Infant Walkers .....................                                             16                          4              64
                                                  3041–0150     .....................                   1217        Safety Standard for Toddler Beds .......................                                             78                         10             780
                                                  3041–0157     .....................                   1218        Safety Standard for Bassinets and Cradles ........                                                   62                          5             310
                                                  3041–0147     .....................                   1219        Safety Standard for Full-Size Cribs .....................                                            78                         11             858
                                                  3041–0147     .....................                   1220        Safety Standard for Non-Full-Size Cribs .............                                                24                          4              96
                                                  3041–0152     .....................                   1221        Safety Standard for Play Yards ...........................                                           31                          4             124
                                                  3041–0160     .....................                   1222        Safety Standard for Infant Bedside Sleepers ......                                                    5                          2              10
                                                  3041–0155     .....................                   1223        Safety Standard for Swings .................................                                         10                         11             110
                                                  3041–0149     .....................                   1224        Safety Standard for Portable Bedrails .................                                              17                          2              34
                                                  3041–0158     .....................                   1225        Safety Standard for Hand-Held Infant Carriers ...                                                    71                          2             142
                                                  3041–0162     .....................                   1226        Safety Standard for Soft Infant and Toddler Car-                                                     54                          2             108
                                                                                                                      riers.
                                                  3041–0164 .....................                       1227        Safety Standard for Carriages and Strollers .......                                                  85                           8            680
                                                  3041–0166 .....................                       1230        Safety Standard for Frame Child Carriers (not                                                        16                           3             48
                                                                                                                      effective until 9/2016).

                                                       Total burden hours               ........................    ..............................................................................   ........................   ........................         3,378



                                                    Estimated Time per Response:                                          This would require 128,000 hours                                               method exists for estimating the number
                                                    Testing and Certification: Based on                                   (32,000 plans × 4 hours per plan). If                                          of finished product certifiers who
                                                  comments received during rulemaking                                     each product line averages 10                                                  conduct their own component part
                                                  for the testing rule, we estimate                                       individual models or styles, then a total                                      testing. In the component part
                                                  recordkeeping for approximately                                         of 160,000 different representative                                            rulemaking, we suggested that the
                                                  300,000 non-apparel children’s products                                 sampling plans (1.6 million children’s                                         recordkeeping burden for the
                                                  per year, with an average of 5 hours of                                 products ÷ 10 models or styles) would                                          component part testing rule could
                                                  recordkeeping burden associated with                                    need to be documented. This would                                              amount to 10 percent of the burden
                                                  each product. We also estimate                                          require 640,000 hours (160,000 plans ×                                         estimated for the testing and labeling
                                                  recordkeeping for approximately 1.3                                     4 hours per plan). Accordingly, the                                            rule. 76 FR 69546, 69579 (Nov. 8, 2011).
                                                  million children’s apparel and footwear                                 requirement to document the basis for                                          Currently, we have no basis to change
                                                  products per year, with an average of 3                                 selecting representative samples could                                         this estimate.
                                                  hours of recordkeeping burden                                           increase the estimated annual burden by
                                                  associated with each product.                                                                                                                             In addition to recordkeeping, the
                                                                                                                          up to 640,000 hours.
                                                  Manufacturers that are required to                                                                                                                     component part rule requires third party
                                                                                                                             Component Part Testing: The                                                 disclosure of test reports and
                                                  conduct periodic testing have an                                        component part rule shifts some testing
                                                  additional recordkeeping burden                                                                                                                        certificates, if any, to a certifier who
                                                                                                                          costs and some recordkeeping costs to                                          intends to rely on such documents to
                                                  estimated at 4 hours per representative                                 component part and finished product
                                                  sampling plan.                                                                                                                                         issue its own certificate. Without data,
                                                                                                                          suppliers because some testing will be
                                                    Section 104 Rules: Each section 104                                                                                                                  allocation of burden estimation between
                                                                                                                          performed by these parties rather than
                                                  rule contains a similar analysis for                                                                                                                   the recordkeeping and third party
                                                                                                                          by the finished product certifiers
                                                  marking and labeling that estimates the                                                                                                                disclosure requirements is difficult.
                                                                                                                          (manufacturers and importers). Even if a
                                                  time to make any necessary changes to                                                                                                                  However, based on our previous
                                                                                                                          finished product certifier can rely
                                                  marking and labeling requirements at                                                                                                                   analysis, we continue to estimate that
                                                                                                                          entirely on component part and finished
                                                  one hour per model.                                                                                                                                    creating and maintaining records
                                                    Total Estimated Annual Burden:                                        product suppliers for all required
                                                                                                                          testing, however, the finished product                                         accounts for approximately 90 percent
                                                    Testing and Certification: The total                                                                                                                 of the burden, while the third party
                                                  estimated annual burden for                                             supplier will still have some
                                                                                                                          recordkeeping burden to create and                                             disclosure burden is much less, perhaps
                                                  recordkeeping associated with the                                                                                                                      approximately 10 percent. Therefore, if
                                                  testing rule is 5.4 million hours (300,000                              maintain a finished product certificate.
                                                                                                                          Therefore, although the component part                                         we continue to use the estimate that
                                                  non-apparel children’s products × 5                                                                                                                    component part testing will amount to
                                                  hours per non-apparel children’s                                        testing rule may reduce the total cost of
                                                                                                                          the testing required by the testing and                                        about 10 percent of the burden
                                                  product + 1,300,000 children’s apparel
                                                                                                                          certification rule, the rule increases the                                     estimated for the testing rule, then the
                                                  products × 3 hours per children’s
                                                                                                                          estimated annual recordkeeping burden                                          hour burden of the component part rule
                                                  apparel product = 1.5 million hours +
                                                                                                                          for those who choose to use component                                          is estimated to be about 540,000 hours
                                                  3.9 million hours, or a total of 5.4
                                                                                                                          part testing.                                                                  total annually (10% of 5.4 million
                                                  million hours).
                                                    Representative Sampling Plans for                                        Because we do not know how many                                             hours); allocating 486,000 hours for
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                                                  Periodic Testing: We estimate that if                                   companies participate in component                                             recordkeeping and 54,000 hours for
                                                  each product line averages 50                                           part testing and supply test reports or                                        third party disclosure.
                                                  individual models or styles, then a total                               certifications to other certifiers in the                                         Section 104 Rules: The burden for
                                                  of 32,000 individual representative                                     supply chain, we have no concrete data                                         marking and labeling for each section
                                                  sampling plans (1.6 million children’s                                  to estimate the recordkeeping and third                                        104 rule is provided in Table 1. The
                                                  products ÷ 50 models or styles) would                                   party disclosure requirements in the                                           estimated total number of respondent
                                                  need to be developed and documented.                                    component part rule. Likewise, no clear                                        hours is 3,378.


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                                                                                 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Notices                                                  5013

                                                    Dated: January 26, 2016.                                Any associated form(s) for this                        Average Burden per Response: 4
                                                  Todd A. Stevenson,                                      collection may be located within this                  minutes.
                                                  Secretary, Consumer Product Safety                      same electronic docket and downloaded                    Frequency: Annually, on occasion.
                                                  Commission.                                             for review/testing. Follow the                           The administration has placed an
                                                  [FR Doc. 2016–01699 Filed 1–28–16; 8:45 am]             instructions at http://                                increased emphasis upon recovery of
                                                  BILLING CODE 6355–01–P                                  www.regulations.gov for submitting                     health care expenses under the TPCP, as
                                                                                                          comments. Please submit comments on                    authorized by 10 U.S.C. 1095 and
                                                                                                          any given form identified by docket                    1097b, and also from civilians and other
                                                  DEPARTMENT OF DEFENSE                                   number, form number, and title.                        federal agencies as authorized by 10
                                                                                                          FOR FURTHER INFORMATION CONTACT: To                    U.S.C. 1079b and 1085. Completion of
                                                  Office of the Secretary                                 request more information on this                       this form, while increasing total burden
                                                                                                          proposed information collection or to                  hours, will aid in increasing revenue to
                                                  [Docket ID DOD–2012–HA–0160]                                                                                   improve services, operating efficiency
                                                                                                          obtain a copy of the proposal and
                                                                                                          associated collection instruments,                     and effectiveness within the Military
                                                  Proposed Collection; Comment
                                                                                                          please write to the Defense Health                     Health System. Funds collected return
                                                  Request
                                                                                                          Agency Uniform Business Office,                        directly to the operation and
                                                  AGENCY:  Office of the Assistant                        Defense Health Headquarters, 7700                      maintenance budget of the MTF where
                                                  Secretary of Defense for Health Affairs                 Arlington Blvd., Falls Church, Virginia                the care was delivered and are used to
                                                  ACTION: Notice.                                         22042, ATTN: DeLisa E. Prater, Program                 improve the quality of healthcare. Often
                                                                                                          Manager, 703–681–3492. ext. 6757 (DSN                  the funds allow the continuation of
                                                  SUMMARY:    In compliance with the                      761).                                                  programs or purchasing of equipment at
                                                  Paperwork Reduction Act of 1995, the                                                                           the facilities for which there would
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  Office of the Assistant Secretary of                                                                           otherwise not be funding. This
                                                                                                            Title; Associated Form; and OMB
                                                  Defense for Health Affairs announces a                                                                         information is collected either during
                                                                                                          Number: Third Party Collection
                                                  proposed public information collection                                                                         the admission and/or discharge process
                                                                                                          Program/Medical Services Account/
                                                  and seeks public comment on the                                                                                for an inpatient stay or during the
                                                                                                          Other Health Insurance; DD Form 2569;
                                                  provisions thereof. Comments are                                                                               registration process for an outpatient
                                                                                                          OMB Control Number 0720–0055.
                                                  invited on: (a) Whether the proposed                                                                           visit or as soon as practical thereafter.
                                                                                                            Needs and Uses: The information
                                                  collection of information is necessary                                                                           Dated: January 26, 2016.
                                                                                                          collection requirement is necessary to
                                                  for the proper performance of the
                                                                                                          obtain health insurance policy                         Morgan E. Park,
                                                  functions of the agency, including
                                                                                                          information used for coordination of                   Alternate OSD Federal Register, Liaison
                                                  whether the information shall have
                                                                                                          health care benefits and billing third                 Officer, Department of Defense.
                                                  practical utility; (b) the accuracy of the
                                                                                                          party payers and other federal agencies                [FR Doc. 2016–01702 Filed 1–28–16; 8:45 am]
                                                  agency’s estimate of the burden of the
                                                                                                          for health care provided to their                      BILLING CODE 5001–06–P
                                                  proposed information collection; (c)
                                                                                                          beneficiaries and also to civilian non-
                                                  ways to enhance the quality, utility, and
                                                                                                          Uniformed Service beneficiaries for
                                                  clarity of the information to be
                                                                                                          health care provided to them. DoD                      ENVIRONMENTAL PROTECTION
                                                  collected; and (d) ways to minimize the
                                                                                                          implemented the Third Party Collection                 AGENCY
                                                  burden of the information collection on
                                                                                                          Program (TPCP) in FY87 based on the
                                                  respondents, including through the use                                                                         [ER–FRL–9025–3]
                                                                                                          authority granted in 10 U.S.C. 1095 and
                                                  of automated collection techniques or
                                                                                                          implemented by 32 CFR 220 in
                                                  other forms of information technology.                                                                         Environmental Impact Statements;
                                                                                                          accordance with the Consolidated
                                                  DATES: Consideration will be given to all                                                                      Notice of Availability
                                                                                                          Omnibus Budget Reconciliation Act of
                                                  comments received by March 29, 2016.                    1986 (COBRA) (Pub. L. 99–272, section                    Responsible Agency: Office of Federal
                                                  ADDRESSES: You may submit comments,                     2001, April 7, 1986). Under the TPCP,                  Activities, General Information (202)
                                                  identified by docket number and title,                  DoD is authorized to collect from third-               564–7146 or http://www2.epa.gov/nepa.
                                                  by any of the following methods:                        party payers the cost of inpatient and                   Weekly receipt of Environmental
                                                    • Federal eRulemaking Portal: http://                 outpatient services rendered to DoD                    Impact Statements (EISs), Filed 01/18/
                                                  www.regulations.gov. Follow the                         beneficiaries who have other health                    2016 Through 01/22/2016, Pursuant to
                                                  instructions for submitting comments.                   insurance. Military treatment facilities               40 CFR 1506.9.
                                                    • Mail: Department of Defense, Office                 (MTFs) are required to make this form
                                                  of the Deputy Chief Management                                                                                 Notice
                                                                                                          available to third-party payers upon
                                                  Officer, Directorate of Oversight and                   request. A third-party payer may not                     Section 309(a) of the Clean Air Act
                                                  Compliance, Regulatory and Audit                        request any other assignment of benefits               requires that EPA make public its
                                                  Matters Office, 9010 Defense Pentagon,                  form from the subscriber. Also, for                    comments on EISs issued by other
                                                  Washington, DC 20301–9010.                              civilian non-Uniformed Services                        Federal agencies. EPA’s comment letters
                                                     Instructions: All submissions received               beneficiary and interagency patients, DD               on EISs are available at: https://
                                                  must include the agency name, docket                    Form 2569 is necessary and serves as an                cdxnodengn.epa.gov/cdx-nepa-public/
                                                  number and title for this Federal                       assignment of benefits, approval to                    action/eis/search.
                                                  Register document. The general policy                   submit claims to payers on behalf of the               EIS No. 20160016, Final, FHWA, TX,
                                                  for comments and other submissions
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                          patient and authorization to release                     SH 249 Extension, Contact: Carlos
                                                  from members of the public is to make                   medical information.                                     Swonke 512–416–2734, Under MAP–
                                                  these submissions available for public                    Affected Public: Individuals or                        21 Section 1319 FHWA has issued a
                                                  viewing on the Internet at http://                      households.                                              single FEIS and ROD. Therefore, the
                                                  www.regulations.gov as they are                           Annual Burden Hours: 260,000.                          30-day wait/review period under
                                                  received without change, including any                    Number of Respondents: 3,900,000.                      NEPA does not apply to this action.
                                                  personal identifiers or contact                           Responses per Respondent: 1.                         EIS No. 20160017, Draft, USFS, AK,
                                                  information.                                              Annual Responses: 3,900,000.                           Shoreline II Oufitter/Guide (formerly


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Document Created: 2016-01-29 00:41:15
Document Modified: 2016-01-29 00:41:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit written or electronic comments on the collection of information by February 29, 2016.
ContactRobert H. Squibb, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; (301) 504-7815, or by email to: [email protected]
FR Citation81 FR 5010 

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