CSU Supporting Statement Part A

SUPPORTING STATEMENT - PART A
Safety Standard for Clothing Storage Units
OMB Control Number

1.

Need for the Information Collection

The U.S. Consumer Product Safety Commission (Commission or CPSC) has determined
preliminarily that there is an unreasonable risk of injury and death, particularly to children,
associated with clothing storage units (CSUs) tipping over. To address this risk, the
Commission proposes a rule addressing the stability of CSUs. Specifically, the proposed rule
would require CSUs to be tested for stability, exceed minimum stability requirements, be
marked and labeled with safety information, and bear a hang tag providing performance
and technical data about the stability of the CSU. The Commission issues this proposed rule
under the authority of the Consumer Product Safety Act (CPSA).

The proposed consumer product safety standard prescribes the safety requirements,
including labeling and hang tag requirements, for CSUs. These requirements are intended
to reduce or eliminate an unreasonable risk of death or injury to consumers from CSU tip
overs. Requirements for marking and labeling, in the form of warning labels, and
requirements to provide performance and technical data by labeling, in the form of a hang
tag, will provide information to consumers. Warning labels on CSUs will provide warnings
to the consumer regarding product use. Hang tags will provide information to the
consumer regarding the stability of the unit. These requirements fall within the definition
of “collection of information”.

CSUs are “consumer products” that the Commission can regulate under the authority of the
CPSA. See 15 U.S.C. 2052(a)(5). Section 7 of the CPSA authorizes the Commission to issue a
mandatory consumer product safety standard that consists of performance requirements
or requirements that the product be marked with, or accompanied by, warnings or
instructions. Section 7 requires the Commission to issue such a standard in accordance
with section 9 of the CPSA.

Section 27(e) of the CPSA authorizes the Commission to require, by rule, that
manufacturers of consumer products provide to the Commission performance and
technical data related to performance and safety as may be required to carry out the
purposes of the CPSA, and to give notification of such performance and technical data at the
time of original purchase to prospective purchasers and to the first purchaser of the
product, 15 U.S.C. 2076(e). Section 2 of the CPSA provides that one purpose of the CPSA is
to “assist consumers in evaluating the comparative safety of consumer products”, 15 U.S.C.
2051(b)(2). Section 14 of the CPSA requires manufacturers, importers, or private labelers

of a consumer product subject to a consumer product safety rule to certify, based on a test
of each product or a reasonable testing program, that the product complies with all rules,
bans or standards applicable to the product. In the case that a CSU could be considered to
be a children’s product, certification must be based on testing by an accredited third-party
conformity assessment body. The proposed rule for CSUs specifies that a test procedure be
used to determine whether a CSU complies with the requirements.
2.

Use of the Information

Identification and labeling requirements will provide information to consumers and
regulators needed to locate and recall noncomplying products. Identification and labeling
requirements include content such as the name and address of the manufacturer. Warning
labels will provide information to consumers on hazards and risks associated with product
use. Warning label requirements include size, content, format, location, and permanency.

The standard requires that CSU manufacturers, attached to every CSU, provide technical
information for consumers on a hang tag at the point of purchase. The information
provided on the hang tag would allow consumers to make informed decisions on the
comparative stability of CSUs when making a purchase and would provide a competitive
incentive for manufactures to improve the stability of CSUs. Specifically, the manufacturer
of a CSU would provide a hang tag that explains the stability of the unit. CSU hang tag
requirements include content, size, format, attachment, and placement requirements. The
hang tag provides a stability rating for the CSU, based on required tests, and explains how
the stability rating is determined; it also contains safety information related to the stability
of CSUs.

For products that manufacturers certify, manufacturers would issue a general certificate of
conformity (GCC). The requirements for the GCC are stated in section 14 of the CPSA.
Among other requirements, each certificate must identify the manufacturer or private
labeler issuing the certificate and any third-party conformity assessment body, on whose
testing the certificate depends, the date and place of manufacture, the date and place where
the product was tested, each party’s name, full mailing address, telephone number, and
contact information of the individual responsible for maintain records of test results. The
certificates must be in English. The certificates must be furnished to each distributor or
retailer of the product and to CPSC, if requested.
3.

Use of Information Technology

4.

Non-duplication

The required labeling and hang tags cannot be electronic.
The information obtained through this collection is unique and is not already available for
use or adaptation from another cleared source.

5.

Burden on Small Businesses

The proposed rule would apply to small entities that manufacture or import CSUs.
According to Small Business Association guidelines, the majority of firms supplying the
market for CSUs would be considered small. Small manufacturers and importers will incur
added costs of required warning labels and hang tags with comparative tip ratings. Those
manufacturers currently using permanent warning labels in conformance with ASTM
F2057-19, should not face significant incremental costs for the replacement labels specified
by the proposed rule. The required hang tags showing tip ratings for each CSU would
involve some incremental costs, although likely to be minor in relation to other product
modifications required for compliance. Testing costs needed to generate the tip ratings will
be incurred by small firms to comply with the performance testing requirements of the
proposed rule.
To mitigate burden on small businesses, CPSC provides a variety of resources to help both
new and experienced small businesses learn about safety requirements that apply to
consumer products. These resources include the CPSC Regulatory Robot, small business
education videos, and the Small Business Ombudsman. Many of these resources can be
accessed online at: https://www.cpsc.gov/Business--Manufacturing/Business-Education.
Small firms can reach the Small Business Ombudsman directly by calling (888) 531-9070.
6.

Less Frequent Collection

Identification and labeling requirements will provide information to consumers and
regulators needed to locate and recall noncomplying products. Hang tags provide
information to consumers to compare the relative stability of CSUs when making
purchasing decisions. Labels and hang tags provide information to consumers for safe CSU
use.
If the information is not provided, consequences would include reduced ability for
consumers or regulators to identify, locate or recall noncomplying products, a reduced
ability for consumers to compare the relative stability of CSUs when making purchasing
decisions, and a reduction of information on safe CSU use.
7.

Paperwork Reduction Act Guidelines

This collection of information does not require collection to be conducted in a manner
inconsistent with the guidelines delineated in 5 CFR 1320.5(d)(2).
8.

Consultation and Public Comments

Part A: PUBLIC NOTICE

A 60-Day Federal Register Notice (FR) for the collection published on Thursday, February
3, 2022. The 60-Day FR citation is 87 FR 6246.

CPSC has submitted the information collection requirements of this rule to OMB for review,
in accordance with PRA requirements. CPSC requests that interested parties submit
comments regarding information collection on:
•
•
•
•
•
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Whether the proposed collection of information is necessary for the proper
performance of CPSC’s functions, including whether the information will have
practical utility;
The accuracy of CPSC’s estimates of the burden of the proposed collection of
information, including the validity of the methodology and assumptions used;
Ways to enhance the quality, utility, and clarity of the information the Commission
proposed to collect;
Ways to reduce the burden of the collection of information on respondents,
including the use of automated collection techniques, when appropriate, and other
forms of information technology;
The estimated burden hours associated with labels and hang tags, including any
alternative estimates; and
The estimated respondent cost other than burden hour cost.

The comment period for the FR notice closes on April 19, 2022.

Part B: CONSULTATION

The proposed rule incorporates by reference ASTM F2057-19. During the NPR comment
period, a read-only copy of ASTM F2057-19 is available for viewing on ASTM’s website at:
https://www.astm.org/CPSC.htm.
9.

Gifts or Payment

10.

Confidentiality

11.

Sensitive Questions

No payments or gifts are being offered to respondents as an incentive to participate in the
collection.
A Privacy Act Statement is not required for this collection because we are not requesting
individuals to furnish personal information for a system of records. A System of Record
Notice (SORN) is not required for this collection because records are not retrievable by PII.
A Privacy Impact Assessment (PIA) is not required for this collection because PII is not
being collected electronically.
This collection does not include any questions of a sensitive nature.

12.

Respondent Burden and its Labor Costs

Part A: ESTIMATION OF RESPONDENT BURDEN

Respondents include manufacturers and importers of CSUs. Manufacturers and importers
will have to comply with the information collection requirements when the CSUs are
manufactured or imported.

The two main drivers of hourly burden imposed on firms are labeling and third-party
testing. The annual burden from labeling includes: i) the time it will take firms to design
and update hang tags and identification labeling, including warning labels; and ii) the
hourly burden of physically attaching the labels and hang tags to all CSUs sold domestically.
The annual burden for third-party testing is the number of hours required to perform
third-party testing and maintain records on a subset of CSUs deemed as for children’s use.

CPSC estimates there are 7,000 manufacturers/suppliers of CSUs within the scope of this
PRA. CPSC estimates that there are about 35,000 different models of CSUs, or an average of
5 models per manufacturer/supplier. CPSC estimates that it could take an hour for a
manufacturer/supplier to design the hang tags and identification labeling, and that the
design could be used for a period of five years, or until the CSU is redesigned. At 60 minutes
per hangtag design and an average of 5 models per firm, the average annual hourly burden
per firm for designing hang tags is 1 hour (60 min × 5 models ÷ 5 years). Therefore, for
7,000 firms, the total annual burden in the design of labels would be 7,000 hours.
Manufacturers will also have to place a hang tag on each CSU sold. In 2018, about 43.6
million CSUs were sold in the United States. CPSC estimates it could take 0.06 minutes (3.6
seconds) for a supplier to attach a hang tag to each of the 43.6 million CSUs sold in the
United States annually. Attaching a hang tag to every CSU sold would amount to a total
annual burden of 43,600 hours for the entire industry (0.06 min × 43,600,000 CSUs).

In addition, three types of third-party testing of children’s products are required:
Certification testing, material change testing, and periodic testing. Requirements state that
manufacturers conduct sufficient testing to ensure that they have a high degree of
assurance that their children’s products comply with all applicable children’s product
safety rules before such products are introduced into commerce. If a manufacturer
conducts periodic testing, it is required to keep records that describe how the samples of
periodic testing are selected. The hour burden of recordkeeping requirements will likely
vary greatly from product to product, depending on such factors as the complexity of the
product and the amount of testing that must be documented. Therefore, estimates of the
hour burden of the recordkeeping requirements are somewhat speculative. CPSC estimates
that 1 out of 20,000 (0.05 percent) CSUs sold annually, or 21,800 CSUs, are children’s
products and would be subject to third-party testing, for which 3 hours of recordkeeping
and record maintenance will be required. Thus, the total hourly burden of the
recordkeeping associated with certification is 65,400 hours (3 hours × 21,800 children’s
CSUs).

Table. Estimated Annual Reporting Burden
Burden type

Type of supplier

Labeling, design and
update
Labeling, attachment

Manufacturer or Importer

Third-party
recordkeeping,
certification
Total Hourly Burden

Manufacturer, Importer,
Retailer
Manufacturers of Children’s
CSUs

Total annual
responses
35,000

Average length
of response
per year
12 min.

Annual burden
(hours)

21,800

3 hrs.

65,400

43.6 million

.06 min.

7,000

43,600

116,000

Part B: LABOR COST OF RESPONDENT BURDEN

According to the U.S. Bureau of Labor Statistics (BLS), Employer Costs for Employee
Compensation, the total compensation cost per hour worked for all private industry
workers was $36.64 (March 2021, Table 4,
https://www.bls.gov/news.release/pdf/ecec.pdf). Based on this analysis, CPSC staff
estimates that the labor cost of respondent burden would impose a cost to industry of
approximately $4,250,240 annually (116,000 hours × $36.64 per hour).
13.

Respondent Costs Other Than Burden Hour Costs

In addition to the labor burden costs addressed above, the hang tag requirement imposes
additional annualized costs. These costs include capital costs for cardstock used for each
hang tag to be displayed and the wire or string used to attach the hang tag to the CSU.
CPSC estimates the cost of the printed hang tag and wire for attaching the hang tag to the
CSU will be about $0.10. Therefore, the total cost of the materials to industry would be
about $4.36 million per year ($0.10 × 43.6 million units).
14.

Cost to the Federal Government

The estimated annual cost of the information collection requirements to the federal
government is approximately $4,172, which includes 60 staff hours to examine and
evaluate the information as needed for Compliance activities. This is based on a GS-12, step
5 level salaried employee. The average hourly wage rate for a mid-level salaried GS-12
employee in the Washington, DC metropolitan area (effective as of January 2021) is $47.35
(GS-12, step 5). This represents 68.1 percent of total compensation (U.S. Bureau of Labor
Statistics, “Employer Costs for Employee Compensation,” March 2021, Table 2, percentage
of wages and salaries for all civilian management, professional, and related employees:
https://www.bls.gov/nes.release/ecec.t02.htm). Adding an additional 31.9 percent for
benefits brings average annual compensation for mid-level salaried GS-12 employee to
$69.53 per hour. Assuming that approximately 60 hours will be required annually, this
results in an annual cost of $4,172 ($69.53 per hour × 60 hours = $4,171.80).

15.

Reasons for Change in Burden

16.

Publication of Results

17.

Non-Display of OMB Expiration Date

18.

Exceptions to “Certification for Paperwork Reduction Submissions”

This is a new collection with a new associated burden.
Identification and labeling requirements will provide information to consumers and
regulators needed to locate and recall noncomplying products. Information collected will
be used by consumers and regulators to identify, locate or recall noncomplying products.
We are not seeking approval to omit the display of the expiration date of the OMB approval
on the collection instrument.
We are not requesting any exemptions to the provisions stated in 5 CFR 1320.9.