SupportingStatementA_2022

Information Collection Request (ICR)
Standard for the Surface Flammability of Carpets and Rugs
Supporting Statement for Paperwork Reduction Act Submission
OMB Control Number 3041-0017
Summary of Changes from Previously Approved Collection
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Burden estimates have decreased slightly.
The use of IT has improved the efficiency of collection.
The majority of firms provide a General Conformity Certificate, instead of
issuing a continuing guarantee of compliance.

A. Justification
1.
Information to be collected and circumstances that make the collection of
information necessary
Federal law requires that carpets and rugs comply with flammability standards under the
Flammable Fabrics Act (FFA) and with additional requirements, including those of the
Consumer Product Safety Improvement Act of 2008 (CPSIA). The Standard for the
Surface Flammability of Carpets and Rugs (FF 1–70), 16 CFR part 1630, and the
Standard for the Surface Flammability of Small Carpets and Rugs (FF 2-70), 16 CFR part
1631, were issued under section 4 of the Flammable Fabrics Act (FFA) (15 U.S.C. 1193)
in 1970. The standards cover any type of finished product made in whole or in part of
fabric or related material and intended for use as a floor covering in homes, offices, or
other places of assembly or accommodation. The standards establish an acceptable level
of flammability performance and reduce the risk of death, personal injury, and property
damage associated with fires that result from the ignition of carpets and rugs.
In addition to the standards, certain enforcement rules (16 CFR § 1630.31 and 16 CFR §§
1631.31–32) have been issued under section 5 of the FFA (15 U.S.C. 1194) to address
reasonable and representative tests and the recordkeeping requirement. These rules
specify the frequency of testing necessary to support the issuance of a guaranty of
compliance under the Act and the types of records that must be maintained to document
this activity.
Manufacturers and importers of carpets and rugs intended for general use must certify in
a General Conformity Certificate (GCC) that the carpets and rugs comply with the
applicable standard based on testing or a reasonable testing program to ensure
compliance with the standard. Manufacturers and importers of children’s carpets and rugs
must certify in a Children’s Product Certificate (CPC) that the carpet or rug complies
with all applicable requirements based on testing by a CPSC-accepted third-party
conformity assessment body.
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2.

Use of the information

The required recordkeeping is used to ensure compliance with provisions of the
regulations. The records are retained by the responsible firm and made available to a
designated officer or employee of the Commission, upon request. Such requests are
generally made during an inspection to ensure compliance with the regulation. GCCs and
CPCs are required to accompany each shipment at import and to be provided to
distributors and retailers.
3.

Use of information technology (IT) in information collection

At the option of the firm, any technology, including electronic recordkeeping, to compile
and maintain business records may be used to comply with the regulation. Information is
not normally submitted to the CPSC, unless specifically requested during compliancerelated activities. Information submitted to CPSC is typically electronic. 1
4.

Efforts to identify duplication

Information obtained through this collection is unique and is not already available for use
or adaptation from another cleared source.
The recordkeeping requirements were reviewed for potential duplication by the issuing
agency, by members of the affected industry, and other interested parties during the
proceedings to promulgate the regulations. No duplication was identified.
5.

Impact on small businesses

The majority of firms supplying the U.S. market for carpets and rugs may be small firms,
more specifically small domestic importers of carpets and rugs.
CPSC provides a variety of resources to help both new and experienced small businesses
learn about safety requirements that apply to consumer products, including 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/Small-Business-Resources. Small firms can reach the Small Business
Ombudsman by calling (888) 531-9070.
6.
Consequences to Federal program or policy activities if collection is not
conducted or is conducted less frequently
Collection of information from suppliers of carpets and rugs provide the CPSC with
information regarding compliance with the fammability requirements which are intended
to reduce the risk of death, personal injury, and property damage associated with fires
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Over 75 percent of information received is submitted electronically.

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that result from the ignition of carpets and rugs. If the information were collected less
frequently, CPSC would be unable to determine whether carpets and rugs are compliant.
7.
Special circumstances requiring respondents to report information more often
than quarterly or to prepare responses in fewer than 30 days
Respondents generally will not have to report information more often than quarterly or to
prepare responses in fewer than 30 days. However, if during the course of an
investigation, CPSC staff requires information to assess compliance, a firm may be asked
to respond more quickly and to provide information more frequently.
8.

Consultation and Public Comments

Part A: PUBLIC NOTICE

A 60-Day Federal Register (FR) notice for the collection was published on Friday,
December 10, 2021 (86 FR 70476). We did not receive any comments on the notice.
Part B: CONSULTATION

CPSC provides a number of ways for importers, manufacturers, and small business to
provide comments on and ask questions about the information collected by the agency.
CPSC provides a variety of resources to firms about safety requirements that apply to
consumer products, including the CPSC Regulatory Robot, small business education
videos, and the Small Business Ombudsman. In addition, for importers of carpets and
rugs, CPSC’s Office of Import Surveillance (EXIS) works to educate importers and
manufacturers on CPSC’s standards and procedures, and EXIS has a dedicated email
address to help answer any questions firms have: importteam@cpsc.gov.
9.

Decision to provide payment or gift

No payments or gifts are being offered to respondnets as an incentive to participate in the
collection.
10.

Confidentiality

Any information required to be maintained by the standards and enforcement rules that
the manufacturer or importer claims to be confidential is subject to procedures for
withholding confidential information from public disclosure set forth at 16 CFR part
1015, subpart B.
11.

Questions of a sensitive nature

There are no questions of a sensitive nature.
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12.

Estimate of hour burden to respondents

Part A: ESTIMATION OF RESPONDENT BURDEN

Burden estimates have changed, as the carpets and rugs industry continues to shift away
from domestic manufacturing and toward importation of finished goods. The
Commission estimates that 120 firms are subject to the information collection
requirements of the enforcement rules. The majority of firms importing carpets issue a
GCC under the CPSIA. Domestic manufacturers elect to issue a guaranty of compliance
with the FFA.
Table 1 – Estimated Annual Reporting Burden

Burden
Type
GCC and
CPC
FFA
guarantee
TOTAL
BURDEN

Frequency Total
Hours
Total
Number of
of
Annual
per
Burden
Respondents
Responses Responses Response Hours
100

100

10,000

2

20,000

20

100

2,000

2.5

5,000
25,000

The number of tests that a firm issuing a GCC, CPC or guaranty of compliance would be
required to perform each year varies, depending upon the number of carpet styles and the
annual volume of production. Staff estimates that the average firm issuing a GCC, CPC
or continuing guarantee under the FFA is required to conduct is 100 tests per year. The
time required to conduct each test is estimated to be 2 hours, including the time required
to establish and maintain the test records, for a GCC and CPC, if needed. For a
continuing guarantee, he time required to conduct each test is estimated to be 2.5 hours,
including the time required to establish and maintain the test records.
Therefore, we estimate the total annualized hourly burden to respondents to be 25,000
hours (20,000 hours for firms that issue a GCC/CPC + 5,000 hours for firms that issue a
continuing guarantee).
Part B: LABOR COST OF RESPONDENT BURDEN

The total annualized costs to all respondents for the hour burden for collection of
information is estimated to be as high as $1,557,750, using a mean hourly employer costper-hour-worked of $62.31 (Bureau of Labor Statistics: Total compensation rates for
private industry workers in management, professional, and related occupations, June
2021) (25,000 hours x $62.31).
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13.

Estimate of other total annual cost burden to respondents

There are no costs to respondents beyond those presented in Section A.12. There are no
operating, maintenance, or capital costs associated with the collection.
14.

Estimate of annualized costs to the Federal government

The estimated annual cost of the information and collection requirements to the Federal
government is approximately $36,052. This sum includes 3 staff months (520 hours)
expended for examination of the information in records required to be maintained by the
enforcement rules. This estimate uses an average wage rate of $47.35 per hour (the
equivalent of a GS-12 Step 5 employee, in the D.C. area according to the 2021 payscale)
with an additional 31.7 percent for benefits (BLS, Percentage of total compensation
comprised by benefits for all civilian management, professional, and related employees,
June 2021) or $69.33 per hour x 520 hours.
15.

Reason for change in burden

The burden has decreased slightly since the previous approval, for two main reasons: (1)
suppliers of the U.S. market for carpets and rugs provide GCCs and CPCs, when
necessary, which are estimated to be less burdsom to industry, and (2) CPSC has
employed the use of IT in ways which reduce burden.
16.

Plans for tabulation and publication

Not applicable.
17.

Rationale for not displaying the expiration date for OMB approval

Not applicable.
18.

Exception to the certifications statement

We are not requesting any exemptions to the provisions stated in 5 CFR 1320.9
B. Statistical Methods
The reporting requirements do not employ statistical methods.

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