[Federal Register: July 13, 2009 (Volume 74, Number 132)]
[Notices]
[Page 33417-33418]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy09-41]
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CONSUMER PRODUCT SAFETY COMMISSION
Proposed Extension of Approval of Information Collection; Comment
Request-Safety Standard for Walk-Behind Power Lawn Mowers
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
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SUMMARY: As required by the Paperwork Reduction Act (44 U.S.C. Chapter
35), the Consumer Product Safety Commission (CPSC or Commission)
requests comments on a proposed request for an extension of approval of
a collection of information from manufacturers and importers of walk-
behind power lawn mowers. This collection of information consists of
testing and recordkeeping requirements in certification regulations
implementing the Safety Standard for Walk-Behind Power Lawn Mowers (16
CFR Part 1205). The Commission will consider all comments received in
response to this notice before requesting an extension of approval of
this collection of information from the Office of Management and Budget
(OMB).
DATES: The Office of the Secretary must receive written comments not
later than September 11, 2009.
ADDRESSES: Written comments should be captioned ``Walk-Behind Power
Lawn Mowers'' and sent by e-mail to cpsc-os@cpsc.gov. Written comments
may also be sent to the Office of the Secretary by facsimile at (301)
504-0127, or by mail to the Office of the Secretary, Consumer Product
Safety Commission, Room 502, 4330 East-West Highway, Bethesda, MD
20814.
FOR FURTHER INFORMATION CONTACT: For information about the proposed
collection of information call or write Linda Glatz, Division of Policy
and Planning, Office of Information Technology and Technology Services,
Consumer Product Safety Commission, 4330 East-West Highway, Bethesda,
MD 20814; telephone: (301) 504-7671 or by e-mail to lglatz@cpsc.gov.
SUPPLEMENTARY INFORMATION: In 1979, the Commission issued the Safety
Standard for Walk-Behind Power Lawn Mowers (16 CFR Part 1205) under
provisions of the Consumer Product Safety Act (CPSA) (15 U.S.C. 2051 et
seq.) to eliminate or reduce risks of amputations, avulsions,
lacerations, and other serious injuries which have resulted from the
accidental contact of some part of an operator's body with the rotating
blade of a power lawn mower. The standard contains performance and
labeling requirements for walk-behind power lawn mowers to address
risks of blade-contact injuries.
A. Certification Requirements
Section 14(a) of the CPSA (15 U.S.C. 2063(a)) requires
manufacturers, importers, and private labelers of a consumer product
subject to a consumer product safety standard under the CPSA or similar
rule, ban, standard, or regulation under any other act enforced by the
Commission to issue a certificate stating that the product complies
with all applicable rules, bans, standards or regulations. Section
14(a) of the CPSA also requires that the certificate of compliance must
be based on a test of each product or upon a reasonable testing program
and specify each such rule, ban, standard or regulation applicable to
the product.
Section 14(b) of the CPSA (15 U.S.C. 2063(b)) authorizes the
Commission to issue regulations to prescribe a reasonable testing
program to support certificates of compliance with a consumer product
safety standard under the CPSA or similar rule, ban, standard, or
regulation under any other act enforced by the Commission. Section
16(b) of the CPSA (15 U.S.C. 2065(b)) authorizes the Commission to
issue rules to require that firms ``establish and maintain'' records to
permit the Commission to determine compliance with rules issued under
the authority of the CPSA.
The Commission has issued regulations prescribing requirements for
a reasonable testing program to support certificates of compliance with
the standard for walk-behind power mowers under the CPSA. These
regulations also require manufacturers, importers, and private labelers
of walk-behind power mowers to establish and maintain records to
demonstrate compliance with the requirements for testing to support
certification of compliance. 16 CFR Part 1205, Subpart B.
The Commission uses the information compiled and maintained by
manufacturers and importers of walk-behind power mowers to protect
consumers from risks of injuries associated with walk-behind power lawn
mowers. More specifically, the Commission uses this information to
determine whether the mowers produced and imported comply with the
applicable standard. The Commission also uses this information to
obtain corrective actions if walk-behind power mowers fail to comply
with the standard in a manner which creates a substantial risk of
injury to the public.
OMB approved the collection of information requirements for walk-
behind mowers under control number 3041-0091. OMB's most recent
extension of approval will expire on September 30, 2009. The Commission
proposes to request an extension of approval for these collection of
information requirements.
[[Page 33418]]
B. Estimated Burden
The Commission staff estimates that about 20 firms are subject to
the testing and recordkeeping requirements of the certification
regulations. The Commission staff estimates further that the annual
testing and recordkeeping burden imposed by the regulations on each of
these firms on average is approximately 390 hours if 3 hours are
expended by each firm over 130 estimated seasonal production days each
year. The estimated annual burden imposed by the testing and
recordkeeping requirements on all manufacturers and importers of walk-
behind power mowers is 7,800 hours.
In addition, the manufacturer is required to include permanent
labels attached to the lawn mowers. The Commission staff estimates an
additional hour per production day to collect the information and place
it on the label. Accordingly an additional 130 hours per firm is added
to the total burden. For the 20 firms, the estimated additional burden
related to labeling is 2,600 hours. The estimated total burden hours
related to testing recordkeeping and labeling is 520 hours per firm and
10,400 hours for the industry.
Annual testing and recordkeeping costs burden is estimated to be
$428,064 based on 7,800 hours x 54.88 (the average hourly total
compensation for U.S. management, professional, and related occupations
in goods-producing industries, Bureau of Labor Statistics, September
2008). Annual costs burden for labeling is estimated to be $70,564
based on 2,600 hours x $27.14 (the average hourly total compensation
for sales and office workers in goods-producing industries, Bureau of
Labor Statistics, September 2008). The total estimated burden costs
related to testing, recordkeeping, and labeling to the industry is
$498,626.
The Commission staff will expend approximately one half of one
staff month reviewing records required to be maintained for walk-behind
power lawn mowers. The annual cost to the Federal government of the
collection of information in these regulations is estimated to be
$6,920.
C. Request for Comments
The Commission solicits written comments from all interested
persons about the proposed collection of information. The Commission
specifically solicits information relevant to the following topics:
--Whether the collection of information described above is necessary
for the proper performance of the Commission's functions, including
whether the information would have practical utility;
--Whether the estimated burden of the proposed collection of
information is accurate;
--Whether the quality, utility, and clarity of the information to be
collected could be enhanced; and
--Whether the burden imposed by the collection of information could be
minimized by use of automated, electronic or other technological
collection techniques, or other forms of information technology.
Dated: July 7, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E9-16469 Filed 7-10-09; 8:45 am]
BILLING CODE 6355-01-P