30-Day Notice

Federal Register / Vol. 90, No. 185 / Friday, September 26, 2025 / Notices
novaeangliae) in Hawaii for educational
materials including a digital magazine,
newsletters, an interactive website, and
art. Up to 400 humpback whales may be
filmed and observed annually by vessel,
an unmanned aircraft system, and
underwater swimmers. Eight additional
species of non-listed cetaceans may be
unintentionally harassed and
opportunistically filmed during these
activities.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), an initial
determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
Concurrent with the publication of
this notice in the Federal Register,
NMFS is forwarding copies of the
application to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
Dated: September 23, 2025.
Shannon Bettridge,
Chief, Marine Mammal and Sea Turtle
Conservation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2025–18671 Filed 9–25–25; 8:45 am]
BILLING CODE 3510–22–P

CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2010–0038]

Agency Information Collection
Activities; Extension of Collection;
Third Party Testing of Children’s
Products
Consumer Product Safety
Commission.
ACTION: Notice of information collection;
request for comment.
AGENCY:

As required by the Paperwork
Reduction Act of 1995 (PRA), the
Consumer Product Safety Commission
(CPSC or Commission) announces that
the Commission has submitted to the
Office of Management and Budget
(OMB) a request for extension of
approval of information collection for
Third Party Testing of Children’s
Products. OMB’s most recent extension
of approval will expire on September
30, 2025. On July 11, 2025, 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 one public
comment in support of third-party
testing. Therefore, by publication of this
notice, the Commission announces that

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SUMMARY:

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CPSC has submitted to the OMB a
request for extension of approval of that
collection of information.
DATES: Submit comments on the
collection of information by October 27,
2025.
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. Written comments that are sent
to OMB also should be submitted
electronically at http://
www.regulations.gov, under Docket No.
CPSC–2010–0038.
FOR FURTHER INFORMATION CONTACT:
Cynthia Gillham, Consumer Product
Safety Commission, 4330 East-West
Highway, Bethesda, MD 20814; (301)
504–7791, or by email to: pra@cpsc.gov.
SUPPLEMENTARY INFORMATION: CPSC
seeks to renew the following currently
approved collection of information:
Title: Third Party Testing of
Children’s Products.
OMB Number: 3041–0159.
Type of Review: Renewal of collection
of information for third party testing of
children’s products, which includes: (1)
previously approved burden for marking
and labeling of certain durable infant
and toddler products; (2) the labeling
and recordkeeping requirements (not
covered by the Commission’s third party
testing rule at 16 CFR part 1107) set
forth in the rule establishing
requirements for electrically operated
toys or other electrically operated
articles intended for children (16 CFR
part 1505) (electrically operated toys
and other articles rule); (3)
recordkeeping and labeling
requirements set forth in the ban on
articles known as ‘‘baby bouncers’’ or
‘‘walker-jumpers’’ (baby bouncer/
walker-jumper rule, 16 CFR
1500.18(a)(6) and 1500.86(a)(4)), or
similar articles that are not covered by
the safety standard for infant walkers
(16 CFR part 1216) and that also are not
covered by the third party testing rule
or any other rule issued under section
104 of the Consumer Product Safety
Improvement Act; (4) new children’s
product safety rules promulgated since
the last renewal, including non-toy
children’s products containing button
cell or coin batteries, children’s clothing
storage units, and non-toy children’s
products containing magnets, and (5)
the addition of costs to eFile children’s
product certificates (CPCs) pursuant to
the revision to 16 CFR part 1110 (90 FR

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46393

1800 (Jan. 8, 2025)). The Commission
already expanded the scope of OMB
Control No. 3041–0159 when it issued
the final rule to revise part 1110 and the
final rule for button cell or coin
batteries; it is included in this renewal
for completeness. As explained in this
notice, the requirement to eFile most
certificates does not begin until July 8,
2026.
Frequency of Response: On occasion.
Affected Public: Manufacturers,
private labelers, and importers of
children’s products subject to a
children’s product safety rule.
General Description of Collection
Testing and Certification: On
November 8, 2011, the Commission
issued two rules for implementing third
party testing and certification of
children’s products, as required by
section 14 of the Consumer Product
Safety Act (CPSA):
• Testing and Labeling Pertaining to
Product Certification (76 FR 69482,
codified at 16 CFR part 1107; the testing
rule); and
• Conditions and Requirements for
Relying on Component Part Testing or
Certification, or Another Party’s
Finished Product Testing or
Certification to Meet Testing and
Certification Requirements (76 FR
69547, codified at 16 CFR part 1109; the
component part rule).
The testing rule establishes
requirements for manufacturers to
conduct initial third party testing and
certification of children’s products,
testing when there has been a material
change in the product, continuing
testing (periodic testing), and guarding
against undue influence. A final rule on
Representative Samples for Periodic
Testing of Children’s Products (77 FR
72205, Dec. 5, 2012) amended the
testing rule to require that
representative samples be selected for
periodic testing of children’s products.
The component part rule is a
companion to the testing rule that is
intended to reduce third party testing
burdens, by providing all parties
involved in the required testing and
certifying of children’s products the
flexibility to conduct or rely upon
testing where testing is the easiest and
least expensive to accomplish.
Certification of a children’s product can
be based upon one or more of the
following: (a) component part testing;
(b) component part certification; (c)
another party’s finished product testing;
or (d) another party’s finished product
certification.
Section 1107.26 of the testing rule
states the records required for testing
and selecting representative samples. 16

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CFR 1107.26. Required records include
a certificate and records documenting
third party testing and related sampling
plans. These requirements largely
overlap the recordkeeping requirements
in the component part rule, codified at
16 CFR 1109.5(g). Duplicate
recordkeeping is not required; records
need to be created and maintained only
once to meet the applicable
recordkeeping requirements. The
component part rule also requires
records that enable tracing a product or
component back to the entity that had
a product tested for compliance; the rule
also requires attestations of due care to
ensure test result integrity.
Because these records largely overlap,
for this renewal, CPSC is streamlining
the burden analysis and combining all
recordkeeping for testing and
certification into one estimate, as
explained further in this notice.
New Children’s Product Rules: Since
the last renewal of this collection of
information, CPSC has issued four
children’s product rules (not including
rules issued under section 104 of the
Consumer Product Safety Improvement
Act of 2008 CPSIA) that contain testing,
marking, labeling, and certification
requirements for children’s products: (1)
Safety Standard for Clothing Storage
Units (CSUs) (16 CFR part 1261); Safety
Standard for Magnets (16 CFR part
1262) (does not contain labeling
requirements); Safety Standard for
Button Cell or Coin Batteries and
Consumer Products Containing Such
Batteries (Button Battery) (16 CFR part
1263); and (4) Marking of Toy, LookAlike, and Imitation Firearms (16 CFR
part 1272; PRA burden addressed in 16
CFR part 1250). In this renewal the
burden estimate for children’s CSUs and
non-toy children’s products containing
magnets is included in this collection of
information. The Button Battery rule
already expanded this collection of
information to include the certification
and labeling of non-toy children’s
products that contain button batteries,
and it is listed here for completeness.
Toy imitation firearms are already
included in this collection pursuant to
section 4.30 of ASTM F963, as required
in 16 CFR part 1250. The burden
estimate for these new rules is included
in the analysis under the Testing and
Certification.
Section 104 Rules: The Commission
has issued 28 rules for durable infant
and toddler products under section 104
of the Consumer Product Safety
Improvement Act of 2008 (CPSIA),
codified in 15 U.S.C. 2056a (section 104
rules). Section 104 rules that have been
issued, to date, appear in Table 2. Each
section 104 rule contains requirements

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for marking, labeling, and instructional
literature:
• Each product and the shipping
container must have a permanent label
or marking that identifies the name and
address (city, state, and zip code) of the
manufacturer, distributor, or seller.
• A permanent code mark or other
product identification shall be provided
on the product and its package or
shipping container, if multiple
packaging is used. The code will
identify the date (month and year) of
manufacture and permit future
identification of any given model.
Each standard also requires products
to include easy-to-read and
understandable instructions regarding
assembly, maintenance, cleaning, use,
and adjustments, where applicable. See,
e.g., sections 8 (marking and labeling)
and 9 (instructional literature) of every
ASTM voluntary standard incorporated
by reference into a CPSC mandatory
standard, as listed in Table 2.
OMB has assigned control numbers
for the estimated burden to comply with
marking and labeling requirements in
each section 104 rule. With this
renewal, CPSC is moving the marking
and labeling burden requirements for
two additional section 104 rules that
have been issued since the last renewal
in 2022, into the collection of
information for Third Party Testing of
Children’s Products (bold font in Table
2). The paperwork burdens associated
with the section 104 rules are
appropriately included in the collection
for Third Party Testing of Children’s
Products because all the section 104
products are also required to be third
party tested. Having all the burden
hours under one collection for
children’s products provides one OMB
control number and eases the
administrative burden of renewing
multiple collections. CPSC will
discontinue using the OMB control
numbers currently assigned to
individual section 104 rules. The
discontinued OMB control numbers are
listed in Table 2.
eFiling Revision to 16 CFR part 1110:
Section 14(a) of the CPSA requires that
manufacturers (including importers)
and private labelers issue certificates for
all consumer products subject to a
consumer product safety rule under the
CPSA, or a similar rule, ban, standard,
or regulation under any other law
enforced by the Commission, that are
imported for consumption or
warehousing or distributed in
commerce. 15 U.S.C. 2052(a)(11)–(12);
15 U.S.C. 2063(a)(1). Children’s
products introduced to the U.S. market
must have a Children’s Product
Certificate (CPC), which, if imported,

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must be electronically filed with U.S.
Customs and Border Protection at the
time of filing entry. The final rule
revising part 1110 details the eFiling
requirement and the burden of eFiling
CPCs. 90 FR 1800, 1838–39 (Jan. 8,
2025). For most imported products, the
effective date of this requirement is July
8, 2026. Products imported from a
Foreign Trade Zone (FTZ) must comply
with the eFiling requirement by January
8, 2027.
Electrically Operated Toys and Other
Articles: The requirements for
electrically operated toys and other
electrically operated articles intended
for use by children are set forth in 16
CFR part 1505. The regulation
establishes certain criteria to use in
determining whether electrically
operated toys and other electrically
operated children’s products are banned
and requires that certain warning and
identification labeling be included on
both the product and the packaging. The
regulation also requires that
manufacturers establish a quality
assurance program to assure compliance
and to keep records pertaining to the
quality assurance program.
Additionally, manufacturers or
importers must keep records of the sale
and distribution of the products.
Baby-Bouncer/Walker-Jumper Rule:
The requirements for baby bouncers,
baby walkers, and similar articles that
are not covered by 16 CFR part 1216
(Safety Standard for Infant Walkers) are
set forth under 16 CFR 1500.18(a)(6) and
1500.86(a)(4). These regulations
establish criteria to use in determining
whether certain baby-bouncers, walkerjumpers, or similar products are banned.
The regulation requires that each
product be labeled with information
that will permit future identification by
the manufacturer of the particular
model of bouncer or walker-jumper. In
addition, manufacturers must maintain
records of sales, distribution, and results
of tests and inspections for three years
and make such records available to
CPSC, upon request. Products covered
under this regulation are not duplicative
of an existing section 104 rule.
Estimated Number of Respondents
Testing and Certification of Children’s
Products: Recordkeeping requirements
in parts 1107 and 1109 apply to all
manufacturers, importers, and private
labelers of children’s products that are
covered by one or more children’s
product safety rules promulgated and/or
enforced by the CPSC.
To estimate the number of
respondents, CPSC staff reviewed every
industry category in the NAICS and
selected industry categories that

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Federal Register / Vol. 90, No. 185 / Friday, September 26, 2025 / Notices
included firms that could manufacture
or sell children’s products that are
regulated by CPSC and require testing
and certification. Using data from the
U.S. Census Bureau,1 CPSC determined
that there were approximately 20,100
manufacturers, about 106,700
wholesalers, and about 263,800 retailers
in these NAICS categories. Accordingly,
there are approximately 390,600 annual
respondents. Note, however, these
categories also include many nonchildren’s products, which are not
covered by any children’s product safety
rules. Therefore, these numbers would
constitute an overestimate of the
number of establishments that are
subject to the PRA requirements and
therefore constitute a high estimate of
the number of firms that are subject to
the recordkeeping requirements. Table 1
sets forth the burden estimate for all
children’s product safety rules that are
not rules under section 104 of the
CPSIA, estimating an average annual
hourly burden of 5,037,900 hours.
Section 104 Rules: Table 2
summarizes the section 104 rules for
durable infant or toddler products
subject to the marking and labeling
requirement that have been or are now
being moved into OMB control number
3041–0159. The two new section 104
rules being moved into this information
collection are shown in bold text. Table
2 also contains the estimated number of
manufacturers and models and the total
respondent hours, estimating 6,338
respondents for section 104 Rules, with
an estimated annual hourly burden of
97,968 hours.
eFiling Requirements: As shown in
Table 3, the final rule to revise part 1110
estimates that 224,000 importers of

children’s products will annually eFile
Children’s Product Certificates (CPCs)
with an estimated annual 209,462
hourly burden. 90 FR 1800, 1838–39
(Table 14).
Electrically Operated Toys and Other
Articles Rule: CPSC staff estimates that
about 40 entities will respond to this
collection annually.
Baby-Bouncer/Walker-Jumper Rule:
CPSC staff estimates that about six
entities will respond to the testing and
recordkeeping requirements of this
regulation annually.
Estimated Time per Response
Testing and Certification: An average
of three hours per year will be needed
for each response. The PRA burden will
vary greatly from respondent to
respondent, depending upon factors that
are out of CPSC’s control and at the
discretion of the establishment. For
example, respondents that regularly
change their product may spend more
time on testing and certification and the
associated recordkeeping, while
respondents that utilize the component
part rule effectively, or that
continuously manufacture the same
product, may spend less time
responding to the collection.
Section 104 Rules: Each section 104
rule contains a similar analysis for
marking and labeling that estimates the
time to make any necessary changes to
marking and labeling requirements at 1
hour per model. Some section 104 rules
also contain requirements for
instructional literature, and estimates
are included for instructional literature
in this analysis, where required.
eFiling Requirements: The average
filing takes roughly 22 seconds (or
0.0062 hours) across filing modes.

Electrically Operated Toys and Other
Articles Rule: Products subject to this
regulation are also subject to the
requirements of the testing rule.
Therefore, the burden of any duplicative
recordkeeping requirements will not be
reported here to avoid double-counting
the burden. CPSC staff estimates that the
additional burden imposed by this
regulation over that imposed by the
testing rule is 1.5 hours (30 minutes per
response to maintain sales and
distribution records for recordkeeping,
and 1 hour to make labeling changes).
Baby-Bouncer/Walker-Jumper Rule:
CPSC staff estimates that respondents
will spend 2 hours per response (1 hour
on recordkeeping requirements, and 1
hour on labeling requirements).
Total Estimated Annual Burden:
Adding the total estimated
recordkeeping burden for testing and
certification (5,037,900 hours), marking
and labeling for 104 Rules (97,968
hours), eFiling CPCs (209,462 hours),
electrically operated toys (750 hours),
and baby bouncer/walker-jumpers (24
hours) the total estimated annual
burden of the collection is 5,346,104
hours.
At $41.59 (U.S. Bureau of Labor
Statistics, ‘‘Employer Costs for
Employee Compensation,’’ March 2025,
Table 4, total compensation for all sales
and office workers in goods-producing
private industries: https://www.bls.gov/
news.release/archives/ecec_
06132025.htm) hourly compensation
rate, the total cost of the information
collection is approximately $222.3
million (5,346,104 hours × $41.59 =
$222,344,465.36).

TABLE 1—ESTIMATED BURDEN FOR TESTING AND CERTIFICATION
Number of
responses

Respondents

Duration of
response
(in hours)

Frequency of
response

Average hourly
response
burden

Manufacturers ................................................................................................
Wholesalers ...................................................................................................
Retailers .........................................................................................................

20,100
106,700
263,800

2
3
5

3
3
3

120,600
960,300
3,957,000

Total ........................................................................................................

390,600

........................

........................

5,037,900

TABLE 2—ESTIMATED BURDEN FOR MARKING AND LABELING IN SECTION 104 RULES

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Discontinued
OMB control No.

16 CFR
part

3041–0145 .....................
3041–0141 .....................

1215
1216

Description
Safety Standard for Infant Bath Seats ..................................................
Safety Standard for Infant Walkers .......................................................

1 All Sectors: County Business Patterns, including
ZIP Code Business Patterns, by Legal Form of
Organization and Employment Size Class for the
U.S., States, and Selected Geographies: 2022,

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Census—Table Results for Table ID CB2200CBP.
The list of all children’s product safety rules
covered by this burden analysis appears in
Appendix A of the Supporting Statement posted on

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12
19

Models

Total
respondent
hours

2
4

Regulations.gov under Docket No. CPSC–2010–
0038.

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76

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TABLE 2—ESTIMATED BURDEN FOR MARKING AND LABELING IN SECTION 104 RULES—Continued

Discontinued
OMB control No.
3041–0150
3041–0157
3041–0147
3041–0147
3041–0152
3041–0160
3041–0155
3041–0149
3041–0158
3041–0162
3041–0164
3041–0167
3041–0174
3041–0166
3041–0173
3041–0172
3041–0170
3041–0171
3041–0175
3041–0177
3041–0178
3041–0179
3041–0182
3041–0185
3041–0197
3041–0202

16 CFR
part

.....................
.....................
.....................
.....................
.....................
.....................
.....................
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.....................
.....................
.....................
.....................
.....................
.....................
.....................
.....................
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.....................
.....................
.....................
.....................

1217
1218
1219
1220
1221
1222
1223
1224
1225
1226
1227
1228
1229
1230
1231
1232
1233
1234
1235
1236
1237
1238
1239
1241
1242
1243

Description
Safety
Safety
Safety
Safety
Safety
Safety
Safety
Safety
Safety
Safety
Safety
Safety
Safety
Safety
Safety
Safety
Safety
Safety
Safety
Safety
Safety
Safety
Safety
Safety
Safety
Safety

Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard
Standard

for
for
for
for
for
for
for
for
for
for
for
for
for
for
for
for
for
for
for
for
for
for
for
for
for
for

Mfrs.

Models

Total
respondent
hours

Toddler Beds .........................................................
Bassinets and Cradles ..........................................
Full-Size Cribs .......................................................
Non-Full-Size Cribs ...............................................
Play Yards .............................................................
Infant Bedside Sleepers ........................................
Swings ...................................................................
Portable Bedrails ...................................................
Hand-Held Infant Carriers .....................................
Soft Infant and Toddler Carriers ...........................
Carriages and Strollers .........................................
Sling Carriers ........................................................
Infant Bouncer Seats ............................................
Frame Child Carriers .............................................
High Chairs ...........................................................
Children’s Folding Chairs and Stools ...................
Hook-On-Chairs ....................................................
Infant Bath Tubs ....................................................
Baby Changing Products ......................................
Infant Sleep Products ............................................
Booster Seats ........................................................
Stationary Activity Centers ....................................
Gates and Enclosures ...........................................
Crib Mattresses .....................................................
Nursing Pillows ......................................................
Infant Support Cushions .......................................

111
72
80
39
34
13
6
18
78
44
100
1,000
26
14
83
17
7
27
141
1,325
52
11
127
38
844
2,000

10
4
13
2
4
2
8
2
2
3
7
2
4
3
3
2
1
2
6
6,528
2
4
3.6
10
..............
..............

1,110
288
1,040
78
136
26
48
36
156
132
700
* 8,500
104
42
249
34
7
54
846
* 68,650
104
44
* 9,496
380
1,688
4,000

Total Burden Hours ......................................................................................................................................

..............

..............

97,968

* Includes additional hours for instructional literature.

TABLE 3—ESTIMATED BURDEN FOR OTHER CHILDREN’S PRODUCT REQUIREMENTS
Number of
respondents

Requirement
eFiling CPCs ........................................................................
Electrically Operated Toys and Other Artiles Rule ..............
Baby-Bouncer/Walker Jumper Rule ....................................

Estimates of Other Total Annual Cost
Burden to Respondents or
Recordkeepers: Many importers use
import brokers who charge a filing fee
to facilitate customs filings and
reporting with the government. Brokers
typically charge a fee per entry or per

Frequency of
response

224,000
50
6

152
10
2

entry line that is filed, and each entry
line may contain one or more product
certificates. The fees that brokers charge
vary with the complexity of the Message
Set and with the number of Message
Sets filed.

Estimated
number of
responses
34,055,116
500
12

Response time
(in hours)
.0062
1.5
2

Burden hours
209,462
750
24

Table 4 below presents an estimate of
filing fees for CPCs. CPSC estimates that
importers of children’s products will
file 28,555,603 annual message sets and
expect filing fees for CPCs to total
$21,987,815 annually.

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TABLE 4—ESTIMATE OF FILING FEES FOR CPCS
Additional cost

Number of
respondents
(importers)

Number of
filings with
a fee

Total number
of responses

Cost per
response

Total
burden cost

CPC Filing Fee ....................................................................

224,000

127

28,555,603

$0.77

$21,987,815

Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2025–18739 Filed 9–25–25; 8:45 am]
BILLING CODE 6355–01–P

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