30-Day FR Notice

30DayNotice_85FR31477.pdf

Standard for the Flammability of Mattresses and Mattress Pads and Open Flame Standard for Mattress Sets, 16 CFR 1632 and 16 CFR 1633

30-Day FR Notice

OMB: 3041-0014

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Federal Register / Vol. 85, No. 101 / Tuesday, May 26, 2020 / Notices
Flammable Fabrics Act (FFA), 15 U.S.C.
1193, to prohibit the use of dangerously
flammable textiles and related materials
in wearing apparel. Clothing and fabrics
intended for use in clothing (except
children’s sleepwear in sizes 0 through
14) are subject to the Standard for the
Flammability of Clothing Textiles (16
CFR part 1610). Clothing made from
vinyl plastic film and vinyl plastic film
intended for use in clothing (except
children’s sleepwear in sizes 0 through
14) are subject to the Standard for the
Flammability of Vinyl Plastic Film (16
CFR part 1611). These standards
prescribe 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. (Children’s
sleepwear and fabrics and related
materials intended for use in children’s
sleepwear in sizes 0 through 14 are
subject to other, more stringent
flammability standards codified at 16
CFR parts 1615 and 1616).
Section 8 of the FFA (15 U.S.C. 1197)
provides that a person who receives a
guaranty in good faith that a product
complies with an applicable
flammability standard is not subject to
criminal prosecution for a violation of
the FFA resulting from the sale of any
product covered by the guaranty. The
CPSC uses the information compiled
and maintained by firms that issue these
guaranties to help protect the public
from risks of injury or death associated
with flammable clothing and fabrics and
vinyl film intended for use in clothing.
In addition, the information helps the
CPSC arrange corrective actions if any
products covered by a guaranty fail to
comply with the applicable standard in
a manner that creates a substantial risk
of injury or death to the public. Section
8 of the FFA requires that a guaranty
must be based on ‘‘reasonable and
representative tests.’’ The testing and
recordkeeping requirements by firms
that issue guaranties are set forth under
16 CFR part 1610, subpart B, and 16
CFR part 1611, subpart B.
On March 13, 2020, the CPSC
published a notice in the Federal
Register (85 FR 14654), to announce the
agency’s intention to seek extension of
approval of the collection of
information. The Commission received
no comments. Therefore, by publication
of this notice, the Commission
announces that CPSC has submitted to
the OMB a request for extension of
approval of that collection of
information, without change.
B. Burden
The CPSC estimates that
approximately 1,000 firms issue

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guaranties. Although the CPSC’s past
records indicate that approximately 675
firms have filed continuing guaranties at
the CPSC, staff believes additional
guarantees may be issued that are not
filed with the Commission.
Accordingly, staff has estimated the
number of firms upwards to account for
those guaranties to 1,000 firms. Staff
estimated the burden hours based on an
estimate of the time for each firm to
conduct testing, issue guaranties, and to
establish and maintain associated
records.
• Burden Hours per Firm—An
estimated 5 hours for testing per firm,
using either the test and conditioning
procedures in the regulations or
alternate methods. Although many firms
are exempt from testing to support
guaranties under 16 CFR 1610.1(d),
CPSC staff does not know the
proportion of those firms that are testing
vs. those that are exempt. Thus, staff has
included testing for all firms in the
burden estimates.
• Guaranties Issued per Firm—On
average, 20 new guaranties are issued
per firm per year for new fabrics or
garments.
• Estimated Annual Testing Time per
Firm—100 hours per firm (5 hours for
testing × 20 guaranties issued = 100
hours per firm).
• Estimated Annual Recordkeeping
per Firm—1 hour to create, record, and
enter test data into a computerized
dataset; 20 minutes (= 0.3 hours) for
annual review/removal of records; 20
minutes (= 0.3 hours) to respond to one
CPSC records request per year; for a
total of 1.6 recordkeeping hours per firm
(1 hour + .3 hours + .3 hours = 1.6 hours
per firm).
• Total Estimated Annual Burden
Hours per Firm—100 hours estimated
annual testing time per firm + 1.6
estimated annual recordkeeping hours
per firm = 101.6 hours per firm.
• Total Estimated Annual Industry
Burden Hours—101.6 hours per firm ×
1,000 firms issuing guaranties = 101,600
industry burden hours. The total annual
industry burden imposed by the
flammability standards for clothing
textiles and vinyl plastic film and
enforcement regulations on
manufacturers and importers of
garments, fabrics, and related materials
is estimated to be about 101,600 hours
(101.6 hours per firm × 1,000 firms).
• Total Annual Industry Cost—The
hourly wage for the testing and
recordkeeping required by the standards
is approximately $70.17 (for
management, professional, and related
occupations in goods-producing
industries, Bureau of Labor Statistics,
September, 2019), for an estimated

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31477

annual cost to the industry of
approximately $7.1 million (101,600 ×
$70.17 = $7,129,272).
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2020–11226 Filed 5–22–20; 8:45 am]
BILLING CODE 6355–01–P

CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2010–0055]

Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Standard
for the Flammability of Mattresses and
Mattress Pads and Standard for the
Flammability (Open Flame) of Mattress
Sets
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:

As required by the Paperwork
Reduction Act of 1995, 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
associated with the Standard for the
Flammability of Mattresses and Mattress
Pads, and the Standard for the
Flammability (Open Flame) of Mattress
Sets, approved previously under OMB
Control No. 3041–0014. On March 13,
2020, the CPSC published a notice in
the Federal Register to announce the
agency’s intention to seek extension of
approval of the collection of
information. The Commission received
no comments. Therefore, by publication
of this notice, the Commission
announces that CPSC has submitted to
the OMB a request for extension of
approval of that collection of
information, without change.
DATES: Written comments on this
request for extension of approval of
information collection requirements
should be submitted by June 25, 2020.
ADDRESSES: Submit comments about
this request by email: OIRA_
submission@omb.eop.gov 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://
SUMMARY:

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Federal Register / Vol. 85, No. 101 / Tuesday, May 26, 2020 / Notices

www.regulations.gov, under Docket No.
CPSC–2010–0055.
FOR FURTHER INFORMATION CONTACT:
Cynthia Gillham, Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814; (301)
504–7791, or by email to: cgillham@
cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
Approximately 344 establishments
produce mattresses. The Commission
promulgated the Standard for the
Flammability of Mattresses and Mattress
Pads, 16 CFR part 1632 (part 1632
standard), 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.
In addition, the Commission
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 June 30, 2020. The information
collection requirements under the part
1632 standard are separate from the
testing and recordkeeping requirements
under the part 1633 standard.

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On March 13, 2020, the CPSC
published a notice in the Federal
Register (85 FR 14655), to announce the
agency’s intention to seek extension of
approval of the collection of
information. The Commission received
no comments. Therefore, by publication
of this notice, the Commission
announces that CPSC has submitted to
the OMB a request for extension of
approval of that collection of
information, without change.
B. Burden Hours
16 CFR 1632: Staff estimates that
there are 344 respondents. It is
estimated that each respondent will
spend 26 hours for testing and record
keeping annually for a total of 8,944
hours (344 establishments × 26 hours =
8,944). The hourly compensation for the
time required for record keeping is
$70.17 (for management, professional,
and related occupations in goodsproducing industries, Bureau of Labor
Statistics, September, 2019). The
annualized cost to respondents would
be approximately $627,600 (8,944 hours
× $70.17).
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 344
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 × 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 estimated annual
recordkeeping time cost to all mattress
producers of 32,542 hours (94.6 hours ×
344 establishments). The hourly
compensation for the time required for
record keeping is $70.17 (for
management, professional, and related

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occupations in goods-producing
industries, Bureau of Labor Statistics,
September, 2019). The annual total
estimated costs for recordkeeping are
approximately $2,283,500 (32,542 hours
× $70.17).
The total estimated annual cost to the
344 establishments for the burden hours
associated with both 16 CFR part 1632
and 16 CFR part 1633 is approximately
$2.8 million.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2020–11225 Filed 5–22–20; 8:45 am]
BILLING CODE 6355–01–P

DEPARTMENT OF EDUCATION
Extension of the Application Deadline
Date; Applications for New Awards;
Magnet Schools Assistance Program
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Notice.
AGENCY:

On March 10, 2020, we
published in the Federal Register (85
FR 13878) a notice inviting applications
(NIA) for the fiscal year (FY) 2020
Magnet Schools Assistance Program
competition, Catalog of Federal
Domestic Assistance (CFDA) number
84.165A. The NIA established a
deadline date of May 26, 2020 for the
transmittal of applications. This notice
extends the deadline date for transmittal
of applications until June 30, 2020 and
extends the date of intergovernmental
review until August 28, 2020. It also
extends the date for proof of approval of
all modifications to court-ordered
desegregation plans to July 28, 2020.
DATES:
Deadline for Transmittal of
Applications: June 30, 2020.
Deadline for Intergovernmental
Review: August 28, 2020.
FOR FURTHER INFORMATION CONTACT:
Gillian Cohen-Boyer Telephone: 202–
401–1259. Email: MSAP.team@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUMMARY:

On March
10, 2020 we published the NIA 1 for the
FY 2020 Magnet Schools Assistance
Program competition in the Federal
Register (85 FR 13878). We are
SUPPLEMENTARY INFORMATION:

1 https://www.federalregister.gov/documents/
2020/03/10/2020-04885/applications-for-newawards-magnet-schools-assistance-program.

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