SUPPLEMENTARY INFORMATION:

CPSC seeks to renew the following currently approved collection of information:

Title: Standard for the Flammability of Clothing Textiles, 16 CFR part 1610; Standard for the Flammability of Vinyl Plastic Film, 16 CFR part 1611.

OMB Number: 3041-0024.

Type of Review: Renewal of collection.

Frequency of Response: On occasion.

Affected Public: Manufacturers and importers of clothing and fabrics intended for use in clothing, as well as manufacturers and importers of clothing made from vinyl plastic film and vinyl plastic film intended for use in clothing. This also includes downstream distributors and retailers who handle, sell, or further distribute these products, as they may be impacted by recordkeeping requirements and guaranty provisions under the applicable standards.

General Description of Collection: The Safety Standard for Flammability of Clothing Textiles (16 CFR part 1610) addresses the danger of injury and loss of life by prohibiting dangerously flammable textiles and textile products for clothing use from being distributed in United States commerce. The standard includes methods of testing the flammability of clothing and textiles intended to be used for clothing, establishes three classes of flammability, sets forth the requirements which textiles shall meet to be classified, and warns against the use of those textiles which have burning characteristics unsuitable for clothing.

The Standard for the Flammability of Vinyl Plastic Film (16 CFR part 1611) provides a minimum standard for the flammability of vinyl plastic film for use in wearing apparel. The material covered by the standard is nonrigid, unsupported, vinyl plastic film, including transparent, translucent, and opaque material that is plain, embossed, molded, or otherwise surface treated. This standard prescribes a test to ensure that articles of wearing apparel, and fabrics and film intended for use in wearing apparel, are not dangerously flammable because of rapid and intense burning.

Section 8 of the Flammable Fabrics Act (FFA), 15 U.S.C. 1197, provides that a person who receives a guaranty in good faith that a product complies with an applicable flammability standard is not subject to criminal prosecution for a violation of the FFA resulting from the sale of any product covered by the guaranty. Section 8 of the FFA requires that a guaranty must be based on “reasonable and representative tests.” For both standards, recordkeeping requirements for firms that issue original and continuing guaranties include maintaining records of tests to support the issuance of guaranties and records of any received guaranties for three years, as set forth in 16 CFR 1610.38 and 16 CFR 1611.38. To file a continuing guaranty with the Commission, firms may submit a CPSC form with the Office of the Secretary.^[1]

In addition, CPSC requires manufacturers and importers of general-use products for which consumer product safety rules apply, such as adult wearing apparel, to certify, in a written General Certificate of Conformity (GCC), also based on testing or a reasonable testing program and supported by the test records, that the products comply with 16 CFR parts 1610 and 1611. The majority of GCC burden is captured in OMB control number 3041-0203, Revisions to 16 CFR part 1110, and the remainder is assumed to be negligible (approaching zero) because it is essentially similar to issuing a guarantee.

Manufacturers and importers of children's wearing apparel, subject to 16 CFR parts 1610 and 1611, must certify in a children's product certificate (CPC) that the product complies with the applicable standards based on testing by a CPSC-accredited third party conformity assessment body. CPC burden is accounted for under OMB control number 3041-0159, Third Party Testing of Children's Products.

Both standards also include a documentation requirement for shipment of wearing apparel or textile fabrics to be treated to reduce their flammability in accordance with the applicable standards. In addition, importers of such shipments must maintain proof of treatment, provide affidavits to U.S. Customs and Border Protection, and, if required, furnish a performance bond to ensure compliance. CPSC assumes that fewer than 10 shipments for the purpose of finishing or processing are received to the United States annually because finishing treatments are typically conducted abroad. Therefore, there is no burden estimate for such shipments.

Estimated Number of Respondents: CPSC estimates 10,000 firms will conduct the required recordkeeping, and 160 firms will voluntarily file a continuing guaranty with the Commission, annually. Therefore, the total number of respondents is 10,160 firms.

Estimated Time per Response: For recordkeeping, CPSC assumes that each record will take one hour to create and maintain. To file a continuing guaranty, CPSC assumes that each form will take one hour to create and submit. Therefore, the estimated time per response for this collection is two hours.

Total Estimated Annual Burden: For recordkeeping, CPSC assumes that there will be 100,000 responses annually (10,000 firms × 10 fabrics per firm = 100,000 records). CPSC assumes that each record will take one hour to create and maintain, therefore the total burden is approximately 100,000 hours, annually. To file a continuing guaranty, CPSC assumes that there will be 1,600 form submissions annually (160 firms × 10 forms per firm = 1,600 forms). CPSC assumes that each form will take one hour to create and submit, therefore the total burden is approximately 1,600 hours, annually. Accordingly, the total estimated annual burden for the collection is 101,600 hours.

Total Estimated Annual Cost to Respondents: At an average hourly wage rate of $80.04 (U.S. Bureau of Labor Statistics, “Employer Costs for ( printed page 61211) Employee Compensation,” December 2025, Table 4, Total compensation of all management, professional, and related occupations in goods-producing industries: www.bls.gov/​news.release/​archives/​ecec_​03202026.htm), the total cost for the collection of information is approximately $8.1 million, annually (101,600 hours × $80.04 per hour = $8,132,064).

91 FR 61209