Federal Register - June 23, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations third-party test within the required timeframe. Also, firms could spread costs over a longer time period, thereby reducing their annual costs, as well as the present value of their total costs.
CPSC received comments both supporting and opposing a later effective date. Given that many of the products have already been removed from the market or otherwise remarketed to be out of scope of this rule, reducing the impact on domestic small businesses, and that companies already had notice that this final rule was in progress since November 2019, the Commission will maintain a 12month effective date, as proposed in the 2019 SNPR.
XIV. Environmental Considerations The Commissions regulations address whether the agency is required to prepare an environmental assessment or an environmental impact statement.
Under these regulations, certain categories of CPSC actions normally have little or no potential for affecting the human environment, and therefore, they do not require an environmental assessment or an environmental impact statement. Safety standards providing requirements for products come under this categorical exclusion. 16 CFR
1021.5c1. The final rule for infant sleep products falls within the categorical exemption.
XV. Paperwork Reduction Act The final rule contains information collection requirements that are subject to public comment and review by the Office of Management and Budget OMB under the Paperwork Reduction Act of 1995 PRA; 44 U.S.C. 35013521.
Under 44 U.S.C. 3507a1D, an agency must publish the following information:
A title for the collection of information;
a summary of the collection of information;
a brief description of the need for the information and the proposed use of the information;
a description of the likely respondents and proposed frequency of response to the collection of information;
an estimate of the burden that shall result from the collection of information; and notice that comments may be submitted to the OMB.
The preamble to the 2019 SNPR 84
FR 6095961 discussed the information collection burden of the supplemental proposed rule and specifically requested comments on the accuracy of our estimates. The OMB assigned control number 30410177 for this information collection. We did not receive any comment regarding the information collection burden of the proposal in the 2019 SNPR. For the final rule, CPSC
adjusts the number of small home-based manufacturers from 6 to 1,200, and the number of other suppliers from 13 to 125. In accordance with PRA
requirements, the Commission provides the following information:
Title: Safety Standard for Infant Sleep Products.
Description: The final rule defines an infant sleep product as a product marketed or intended to provide a sleeping accommodation for an infant up to 5 months of age, and that is not already subject to one of the mandatory CPSC sleep standards: Full-size cribs,
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non-full-size cribs, play yards, bassinets, cradles, or bed-side sleepers. The infant sleep products covered by this rule include inclined and flat sleep products, such as inclined sleepers, play yard infant sleep accessories, baby nests and pods, in-bed sleepers, baby hammocks, compact or travel bassinets without a stand or legs, and baby tents. This final rule for infant sleep products incorporates by reference the voluntary standard for infant inclined sleep products issued by ASTM International, ASTM F311817a, Standard Consumer Safety Specification for Infant Inclined Sleep Products, with modifications to further reduce the risk of injury associated with infant sleep products.
The final rule sets a safety floor for all infant sleep products sold in the United States, by requiring infant sleep products to have a seat back/sleep surface angle of 10 degrees or less from horizontal, and to meet the requirements of 16 CFR part 1218, Safety Standard for Bassinets and Cradles, including conforming to the definition of a bassinet/cradle. Part 1218
incorporates by reference the performance and labeling requirements of ASTM F219416e1. Sections 8 and 9
of ASTM F219416e1 contain requirements for marking, labeling, and instructional literature. These requirements fall within the definition of collection of information, as defined in 44 U.S.C. 35023.
Description of Respondents: Persons who manufacture or import infant sleep products.
Estimated Burden: We estimate the burden of this collection of information as follows:
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TABLE 6ESTIMATED ANNUAL REPORTING BURDEN
Number of respondents
Frequency of responses
Total annual responses
Hours per response
Total burden hours
Burden type
Type of supplier
Labeling
Home-based manufacturers Other Suppliers
1,200
125
1
2
1,200
250
7
1
8,400
250
Labeling Total
Instructional literature
Home-based manufacturers
1,200
1
1,200
50
8,650
60,000
Total burden
68,650
Two groups of quantifiable entities supply infant sleep products to the U.S.
market that will likely need to make some modifications to their existing warning labels to meet the requirements for warnings. The first group consists of very small home-based manufacturers, which may not currently have warning labels on their infant sleep products.
Similar rulemakings such as that for
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sling carriers assumed that it would take home-based manufacturers approximately 15 hours to develop a new label. Given that some home-based manufacturers supply infant sleep products with warning labels already, we have estimated approximately 7
hours per response for this group of suppliers. Therefore, the total burden hours for very small home-based
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manufacturers is 7 hours per model
1,200 entities 1 models per entity =
8,400 hours.
The second group of quantifiable entities supplying infant sleep products to the U.S. market that will need to make some modifications to their existing warning labels are non-homebased manufacturers and importers.
These firms do not operate at the low
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