82 FR 8409 - Agency Information Collection Activities; Proposed Collection; Comment Request; Standard for the Flammability of Mattresses and Mattress Pads and Standard for the Flammability (Open Flame) of Mattress Sets
CONSUMER PRODUCT SAFETY COMMISSION Federal Register Volume 82, Issue 15 (January 25, 2017)
Federal Register Volume 82, Issue 15 (January 25, 2017)
| Page Range | 8409-8411 | |
| FR Document | 2017-01643 |
[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)] [Notices] [Pages 8409-8411] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-01643] ======================================================================= ----------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION [Docket No. CPSC-2010-0055] Agency Information Collection Activities; Proposed Collection; 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. ----------------------------------------------------------------------- SUMMARY: As required by the Paperwork Reduction Act of 1995, the Consumer Product Safety Commission (CPSC, or [[Page 8410]] Commission) requests comments on a proposed extension of approval of a collection of information from manufacturers and importers of mattresses and mattress pads. The collection of information is set forth in the Standard for the Flammability of Mattresses and Mattress Pads, 16 CFR part 1632 and the Standard for the Flammability (Open Flame) of Mattress Sets, 16 CFR part 1633. These regulations establish testing and recordkeeping requirements for manufacturers and importers subject to the standards. The Commission will consider all comments received in response to this notice, before requesting an extension of approval of this collection of information from the Office of Management and Budget (OMB). DATES: The Office of the Secretary must receive comments not later than March 27, 2017. ADDRESSES: You may submit comments, identified by Docket No. CPSC-2010- 0055, by any of the following methods: Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at: http://www.regulations.gov. Follow the instructions for submitting comments. The Commission does not accept comments submitted by electronic mail (email), except through www.regulations.gov. The Commission encourages you to submit electronic comments by using the Federal eRulemaking Portal, as described above. Written Submissions: Submit written submissions in the following way: Mail/Hand delivery/Courier (for paper, disk, or CD-ROM submissions), preferably in five copies, to: Office of the Secretary, Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504-7923. Instructions: All submissions received must include the agency name and docket number for this notice. All comments received may be posted without change, including any personal identifiers, contact information, or other personal information provided, to: http://www.regulations.gov. Do not submit confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If furnished at all, such information should be submitted in writing. Docket: For access to the docket to read background documents or comments received, go to: http://www.regulations.gov, and insert the docket number, CPSC-2010-0055, into the ``Search'' box, and follow the prompts. FOR FURTHER INFORMATION CONTACT: 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: A. Background Approximately 358 firms produce mattresses.\1\ The Standard for the Flammability of Mattresses and Mattress Pads, 16 CFR part 1632 (part 1632 standard), was promulgated under section 4 of the Flammable Fabrics Act (FFA), 15 U.S.C. 1193, to reduce unreasonable risks of burn injuries and deaths from fires associated with mattresses and mattress pads. The part 1632 standard prescribes requirements to test whether a mattress or mattress pad will resist ignition from a smoldering cigarette. The part 1632 standard also requires manufacturers to perform prototype tests of each combination of materials and construction methods used to produce mattresses or mattress pads and to obtain acceptable results from such testing. Manufacturers and importers must maintain the records and test results specified under the standard. --------------------------------------------------------------------------- \1\ In the previous information collection, CPSC used the census data for the North American Industry Classification System (NAICS) code to count the number of establishments that produce mattresses. However, firms may have multiple establishments associated with them. Accordingly, CPSC uses the number of firms rather than the number of establishments. --------------------------------------------------------------------------- The Commission also promulgated the Standard for the Flammability (Open Flame) of Mattress Sets, 16 CFR part 1633 (part 1633 standard), under section 4 of the FFA to reduce deaths and injuries related to mattress fires, particularly those ignited by open-flame sources, such as lighters, candles, and matches. The part 1633 standard 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 must be retained for 3 years thereafter. Although some larger manufacturers may produce mattresses based on more than 100 prototypes, most mattress manufacturers base their complying production on 15 to 20 prototypes. OMB previously approved the collection of information for 16 CFR parts 1632 and 1633, under control number 3041- 0014, with an expiration date of April 30, 2017. The information collection requirements under the part 1632 standard do not duplicate the testing and recordkeeping requirements under the part 1633 standard. B. Burden Hours 16 CFR 1632: Staff estimates that there are 358 respondents. It is estimated that each respondent will spend 26 hours for testing and record keeping annually for a total of 9,308 hours (358 firms x 26 hours = 9,308). The hourly compensation for the time required for record keeping is $66.19 (U.S. Bureau of Labor Statistics, ``Employer Costs for Employee Compensation,'' June 2016, Table 9, total compensation of all management, professional, and related occupations in goods-producing industries: http://www.bls.gov/ncs). The annualized cost to respondents would be approximately $616,097 (9,308 hours x $66.19). 16 CFR 1633: The standard 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 in their efforts to meet 16 CFR part 1632. Staff estimates that there are 358 respondents. Based on staff estimates, the recordkeeping requirements are expected to require about 4 hours and 44 minutes per establishment, per qualified prototype. Although some larger manufacturers reportedly are producing mattresses based on more than 100 prototypes, most mattress manufacturers probably base their complying production on 15 to 20 prototypes, according to an industry representative contacted by staff. Assuming that establishments qualify their production with an average of 20 different qualified prototypes, recordkeeping time is about 94.6 hours (4.73 hours x 20 prototypes) per establishment, per year. (Note that pooling among establishments or using a prototype qualification for longer than 1 year will reduce this estimate). This translates to an annual recordkeeping time cost to all mattress producers of 33,867 hours (94.6 hours x 358 firms). The hourly compensation for the time required for record keeping is $66.19 (U.S. Bureau of Labor Statistics, ``Employer Costs for Employee Compensation,'' June 2016, Table 9, total compensation of all management, professional, and related occupations in [[Page 8411]] goods-producing industries: http://www.bls.gov/ncs). The annual total estimated costs for recordkeeping are approximately $2,241,657 (33,867 hours x $66.19). The total estimated cost to the 358 firms for the burden hours associated with both 16 CFR part 1632 and 16 CFR part 1633 is approximately $2.86 million annually. C. Request for Comments The Commission solicits written comments from all interested persons about the proposed collection of information. The Commission specifically solicits information relevant to the following topics:Whether the collection of information described above is necessary for the proper performance of the Commission's functions, including whether the information would have practical utility; Whether the estimated burden of the proposed collection of information is accurate; Whether the quality, utility, and clarity of the information to be collected could be enhanced; and Whether the burden imposed by the collection of information could be minimized by use of automated, electronic or other technological collection techniques, or other forms of information technology. Dated: January 18, 2017. Todd A. Stevenson, Secretary, Consumer Product Safety Commission. [FR Doc. 2017-01643 Filed 1-24-17; 8:45 am] BILLING CODE 6355-01-P
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FOR FURTHER INFORMATION CONTACT: For consensus-based standards when such Request for Comments
questions about this RFC contact: Adam international standards advance the NIST is soliciting public comments on
Sedgewick, U.S. Department of objectives of the Cybersecurity this proposed update. Specifically, NIST
Commerce, 1401 Constitution Avenue Enhancement Act of 2014. The is interested in comments that address
NW., Washington, DC 20230, telephone Framework is designed for compatibility updated features of the Framework.
(202) 482–0788, email with existing regulatory authorities and These features seek to:
Adam.Sedgewick@nist.gov. Please direct regulations, although it is intended for • Clarify Implementation Tier use
media inquiries to NIST’s Office of voluntary adoption. and relationship to Profiles,
Public Affairs at (301) 975–2762. Given the diversity of sectors in the • Enhance guidance for applying the
SUPPLEMENTARY INFORMATION: The Nation’s critical infrastructure, the Framework for supply chain risk
national and economic security of the Framework development process was management,
United States depends on the reliable designed to build on cross-sector • Provide guidance on metrics and
functioning of critical infrastructure,2 security standards and guidelines that measurements using the Framework,
which has become increasingly are immediately applicable or likely to • Update the FAQs to support
dependent on information technology. be applicable to critical infrastructure. understanding and use of Framework,
Cyber attacks and publicized The process also was intended to and
weaknesses reinforce the need for increase visibility and use of those • Update the Informative References.
improved capabilities for defending standards and guidelines, and to find NIST also will consider comments on
against malicious cyber activity. This is potential areas for improvement (e.g., other aspects of the Framework update.
a long-term challenge. where standards/guidelines are All comments will be made available to
The Secretary of Commerce was nonexistent) that need to be addressed the public. These comments will be
tasked to direct the Director of NIST to through future collaboration with analyzed and will be one focus of a
lead the development of a voluntary industry and industry-led standards public workshop to be held in May
framework to reduce cyber risks to bodies. 2017. Details about that workshop,
critical infrastructure (the While the focus of the Framework is
which also will feature user experiences
‘‘Framework’’).3 The Framework on the Nation’s critical infrastructure, it
with the Framework, will be announced
consists of standards, methodologies, was developed in a manner to promote
on the NIST Cybersecurity Framework
procedures and processes that align wide adoption of practices to increase
Web site at: https://www.nist.gov/
risk management-based cybersecurity
policy, business, and technological cyberframework. To receive notice about
across all industry sectors and by all
approaches to address cyber risks. The the workshop, please contact:
types of organizations.
Framework was developed by NIST NIST has worked closely with cyberframework@nist.gov.
using information collected through the industry groups, associations, non- After the May 2017 workshop and
Request for Information (RFI) that was profits, government agencies, and considering the comments received on
published in the Federal Register on international standards bodies to this draft update, NIST intends to issue
February 25, 2013 (78 FR 13024), a increase awareness of the Framework. a final version of Framework V1.1 along
series of open public workshops, and a NIST has promoted the use of the with an updated Roadmap 4 document
45-day public comment period Framework as a basic, flexible, and that describes recommended activities
announced in the Federal Register on adaptable tool for managing and in work areas that are related and
October 29, 2013 (78 FR 64478). It was reducing cybersecurity risks. The complimentary to the Framework.
published on February 12, 2014, after a Framework was designed as a Kevin Kimball,
year-long, open process involving communication tool. It is applicable for
private and public sector organizations, NIST Chief of Staff.
leaders at all levels of an organization. [FR Doc. 2017–01599 Filed 1–24–17; 8:45 am]
including extensive input and public For these reasons, NIST has engaged a
comments, and announced in the wide diversity of stakeholders in
BILLING CODE 3510–13–P
Federal Register on February 18, 2014 Framework education. NIST has also
(79 FR 9167). Responses to subsequent issued several RFIs, held workshops,
RFIs, as announced through the Federal and encouraged direct communication CONSUMER PRODUCT SAFETY
Register (79 FR 50891 and 80 FR with potential and current users of the COMMISSION
76934), and workshops encouraged Framework. [Docket No. CPSC–2010–0055]
NIST to update the Framework. Based on the information received
The Cybersecurity Framework from the public via these channels and Agency Information Collection
incorporates voluntary consensus the work that it has carried out on Activities; Proposed Collection;
standards and industry best practices to cybersecurity—including its Comment Request; Standard for the
the fullest extent possible and is collaborative efforts with the private Flammability of Mattresses and
consistent with voluntary international sector—NIST has developed a draft Mattress Pads and Standard for the
update of the Framework (termed Flammability (Open Flame) of Mattress
2 For the purposes of this RFC the term ‘‘critical
‘‘Version 1.1’’ or ‘‘V1.1’’), available at Sets
infrastructure’’ has the meaning given the term in
42 U.S.C. 5195c(e): ‘‘systems and assets, whether http://www.nist.gov/cyberframework.
This draft update seeks to clarify, refine, AGENCY: Consumer Product Safety
physical or virtual, so vital to the United States that
the incapacity or destruction of such systems and and enhance the Framework, and make Commission.
assets would have a debilitating impact on security, it easier to use, while retaining its ACTION: Notice.
mstockstill on DSK3G9T082PROD with NOTICES
national economic security, national public health
or safety, or any combination of those matters.’’ flexible, voluntary, and cost-effective
SUMMARY: As required by the Paperwork
3 See Executive Order 13636, Improving Critical nature. The update also will be fully
Reduction Act of 1995, the Consumer
Infrastructure Cybersecurity (Feb. 12, 2013), https:// compatible with the February 2014
www.gpo.gov/fdsys/pkg/FR-2013-02-19/pdf/2013- Product Safety Commission (CPSC, or
version of the Framework in that either
03915.pdf. The Cybersecurity Framework may be
found at: https://www.nist.gov/sites/default/files/
version may be used by organizations 4 The Cybersecurity Framework Roadmap may be
documents/cyberframework/cybersecurity- without degrading communication or found at: https://www.nist.gov/sites/default/files/
framework-021214.pdf. functionality. documents/cyberframework/roadmap-021214.pdf.
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![Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices 8411
goods-producing industries: http:// and the Standard for the Flammability Bethesda, MD 20814; (301) 504–7815, or
www.bls.gov/ncs). The annual total of Vinyl Plastic Film (16 CFR part 1611). by email to: rsquibb@cpsc.gov.
estimated costs for recordkeeping are These regulations establish SUPPLEMENTARY INFORMATION:
approximately $2,241,657 (33,867 hours requirements for testing and
× $66.19). recordkeeping for manufacturers and A. Background
The total estimated cost to the 358 importers who furnish guaranties for The Commission has promulgated
firms for the burden hours associated products subject to these standards. The several standards under section 4 of the
with both 16 CFR part 1632 and 16 CFR Office of Management and Budget Flammable Fabrics Act (FFA), 15 U.S.C.
part 1633 is approximately $2.86 (OMB) previously approved the 1193, to prohibit the use of dangerously
million annually. collection of information under control flammable textiles and related materials
number 3041–0024. OMB’s most recent in wearing apparel. Clothing and fabrics
C. Request for Comments intended for use in clothing (except
extension of approval will expire on
The Commission solicits written April 30, 2017. The Commission will children’s sleepwear in sizes 0 through
comments from all interested persons consider all comments received in 14) are subject to the Standard for the
about the proposed collection of response to this notice before requesting Flammability of Clothing Textiles (16
information. The Commission an extension of approval of this CFR part 1610). Clothing made from
specifically solicits information relevant collection of information from OMB. vinyl plastic film and vinyl plastic film
to the following topics: DATES: The Office of the Secretary must intended for use in clothing (except
• Whether the collection of receive comments not later than March children’s sleepwear in sizes 0 through
information described above is 27, 2017. 14) are subject to the Standard for the
necessary for the proper performance of ADDRESSES: You may submit comments,
Flammability of Vinyl Plastic Film (16
the Commission’s functions, including identified by Docket No. CPSC–2009– CFR part 1611). These standards
whether the information would have prescribe a test to ensure that articles of
0092, by any of the following methods:
practical utility; Electronic Submissions: Submit wearing apparel, and fabrics and film
• Whether the estimated burden of electronic comments to the Federal intended for use in wearing apparel, are
the proposed collection of information eRulemaking Portal at: http:// not dangerously flammable because of
is accurate; www.regulations.gov. Follow the rapid and intense burning. (Children’s
• Whether the quality, utility, and instructions for submitting comments. sleepwear and fabrics and related
clarity of the information to be collected The Commission does not accept materials intended for use in children’s
could be enhanced; and comments submitted by electronic mail sleepwear in sizes 0 through 14 are
• Whether the burden imposed by the (email), except through
subject to other, more stringent
collection of information could be flammability standards codified at 16
www.regulations.gov. The Commission
minimized by use of automated, CFR parts 1615 and 1616).
encourages you to submit electronic Section 8 of the FFA (15 U.S.C. 1197)
electronic or other technological comments by using the Federal
collection techniques, or other forms of provides that a person who receives a
eRulemaking Portal, as described above. guaranty in good faith that a product
information technology. Written Submissions: Submit written
complies with an applicable
Dated: January 18, 2017. submissions by mail/hand delivery/
flammability standard is not subject to
Todd A. Stevenson, courier to: Office of the Secretary,
criminal prosecution for a violation of
Secretary, Consumer Product Safety Consumer Product Safety Commission,
the FFA resulting from the sale of any
Commission. Room 820, 4330 East West Highway,
product covered by the guaranty. The
[FR Doc. 2017–01643 Filed 1–24–17; 8:45 am]
Bethesda, MD 20814; telephone (301) Commission uses the information
504–7923. compiled and maintained by firms that
BILLING CODE 6355–01–P
Instructions: All submissions received
issue these guaranties to help protect
must include the agency name and
the public from risks of injury or death
CONSUMER PRODUCT SAFETY docket number for this notice. All
associated with flammable clothing and
COMMISSION comments received may be posted
fabrics and vinyl film intended for use
without change, including any personal
in clothing. In addition, the information
[Docket No. CPSC–2009–0092] identifiers, contact information, or other
helps the Commission arrange
personal information provided, to: corrective actions if any products
Proposed Extension of Approval of http://www.regulations.gov. Do not
Information Collection; Comment covered by a guaranty fail to comply
submit confidential business with the applicable standard in a
Request—Clothing Textiles, Vinyl information, trade secret information, or
Plastic Film manner that creates a substantial risk of
other sensitive or protected information injury or death to the public. Section 8
AGENCY: Consumer Product Safety that you do not want to be available to of the FFA requires that a guaranty must
Commission. the public. If furnished at all, such be based on ‘‘reasonable and
information should be submitted in representative tests.’’ The testing and
ACTION: Notice.
writing. recordkeeping requirements by firms
SUMMARY: As required by the Paperwork Docket: For access to the docket to
that issue guaranties are set forth under
Reduction Act of 1995, the Consumer read background documents or
16 CFR part 1610, subpart B, and 16
Product Safety Commission (CPSC or comments received, go to: http://
CFR part 1611, subpart B.
Commission) requests comments on a www.regulations.gov, and insert the
mstockstill on DSK3G9T082PROD with NOTICES
proposed request for extension of docket number CPSC–2009–0092, into B. Burden
approval of a collection of information the ‘‘Search’’ box, and follow the The Commission estimates that
from manufacturers and importers of prompts. approximately 1,000 firms issue
clothing, textiles and related materials FOR FURTHER INFORMATION CONTACT: For guaranties. Although the Commission’s
intended for use in clothing under the further information contact: Robert H. records indicate that approximately 675
Standard for the Flammability of Squibb, Consumer Product Safety firms have filed continuing guaranties at
Clothing Textiles (16 CFR part 1610) Commission, 4330 East West Highway, the CPSC, staff believes additional
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Document Created: 2017-01-25 00:08:55
Document Modified: 2017-01-25 00:08:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | The Office of the Secretary must receive comments not later than March 27, 2017. | |
| FR Citation | 82 FR 8409 |
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