60-Day Notice

60DayNotice_90FR24388_10June2025.pdf

Requirements Pertaining to Third Party Conformity Assessment Bodies

60-Day Notice

OMB: 3041-0156

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Federal Register / Vol. 90, No. 110 / Tuesday, June 10, 2025 / Notices

jurisdiction. Section 624 of the FCRA
gives a consumer the right to block
affiliates of an entity subject to the
Commission’s jurisdiction from using
certain information obtained from such
entity to make solicitations to that
consumer (hereinafter referred to as the
‘‘affiliate marketing rules’’).5 Under the
affiliate marketing rules, the entities
covered by the regulations are expected
to prepare and provide clear,
conspicuous and concise opt-out notices
to any consumers with whom such
entities have a pre-existing business
relationship. A covered entity only has
to provide an opt-out notice to the
extent that an affiliate of the covered
entity plans to make a solicitation to any
of the covered entity’s consumers. The
purpose of the opt-out notice is to
provide consumers with the ability to
prohibit marketing solicitations from
affiliate businesses that do not have a
pre-existing business relationship with
the consumers, but that do have access
to such consumers’ nonpublic, personal
information. A covered entity is
required to send opt-out notices at the
maximum of once every five years.
Section 1088 of the CFP Act also
amends section 628 of the FCRA and
mandates that the Commission
implement regulations requiring
persons subject to the Commission’s
jurisdiction who possess or maintain
consumer report information in
connection with their business activities
to properly dispose of that information
(hereinafter referred to as the ‘‘disposal
rules’’).6 Under the disposal rules, the
entities covered by the regulations are
expected to develop and implement a
written disposal plan with respect to
any consumer information within such
entities’ possession. The regulations
provide that a covered entity develop a
written disposal plan that is tailored to
the size and complexity of such entity’s
business. The purpose of the written
disposal plan is to establish a formal
plan for the disposal of nonpublic,
consumer information, which otherwise
could be illegally confiscated and used
by unauthorized third parties. Under the
rules, a covered entity is required to
develop a written disposal plan only
once, but may subsequently amend such
plan from time to time.
In addition, section 1088 of the CFP
Act amended the FCRA by adding the
CFTC and the Securities and Exchange
Commission (‘‘SEC,’’ together with the
5 The affiliate marketing rules are found in part
162, subpart A (Business Affiliate Marketing Rules)
of the CFTC’s regulations. 17 CFR part 162, subpart
A.
6 The disposal rules are found in part 162, subpart
B (Disposal Rules) of the CFTC’s regulations. 17
CFR part 162, subpart B.

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CFTC, the ‘‘Commissions’’) to the list of
federal agencies required to jointly
prescribe and enforce identity theft red
flags rules and guidelines and card
issuer rules. Thus, the Dodd-Frank Act
provides for the transfer of rulemaking
responsibility and enforcement
authority to the CFTC and SEC with
respect to the entities under their
respective jurisdiction. Accordingly, the
Commissions have issued final rules
and guidelines (hereinafter referred to as
the ‘‘identity theft rules’’) 7 to
implement new statutory provisions
enacted by the CFP Act that amend
section 615(e) of the FCRA and direct
the Commissions to prescribe rules
requiring entities that are subject to the
Commissions’ jurisdiction to address
identity theft. Under the identity theft
rules, entities covered by the regulation
are required to develop and implement
reasonable policies and procedures to
identify, detect, and respond to relevant
red flags for identity theft that are
appropriate to the size and complexity
of such entity’s business and, in the case
of entities that issue credit or debit
cards, to assess the validity of, and
communicate with cardholders
regarding, address changes.8 They are
also required to provide for the
continued administration of identity
theft policies and procedures.
With respect to the collection of
information, the Commission invites
comments on:
• Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information will have a practical use;
• The accuracy of the Commission’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
• Ways to enhance the quality,
usefulness, and clarity of the
information to be collected; and
• Ways to minimize the burden of
collection of information on those who
are to respond, including through the
use of appropriate automated electronic,
mechanical, or other technological
7 The CFTC’s identity theft rules are found in part
162, subpart C (Identity Theft Red Flags) of the
CFTC’s regulations. 17 CFR part 162, subpart C.
8 The CFTC understands that CFTC-regulated
entities generally do not issue credit or debit cards,
but instead may partner with other entities, such as
banks, that issue cards on their behalf. These other
entities, which are not regulated by the CFTC, are
already subject to substantially similar change of
address obligations pursuant to other federal
regulators’ identity theft red flags rules. Therefore,
the CFTC does not expect that any CFTC-regulated
entities will be subject to the related information
collection requirements under the CFTC’s identity
theft rules.

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collection techniques or other forms of
information technology; e.g., permitting
electronic submission of responses.
You should submit only information
that you wish to make available
publicly. If you wish the Commission to
consider information that you believe is
exempt from disclosure under the
Freedom of Information Act, a petition
for confidential treatment of the exempt
information may be submitted according
to the procedures established in § 145.9
of the Commission’s regulations.9
The Commission reserves the right,
but shall have no obligation, to review,
pre-screen, filter, redact, refuse or
remove any or all of your submission
from https://www.cftc.gov that it may
deem to be inappropriate for
publication, such as obscene language.
All submissions that have been redacted
or removed that contain comments on
the merits of the information collection
request will be retained in the public
comment file and will be considered as
required under the Administrative
Procedure Act and other applicable
laws, and may be accessible under the
Freedom of Information Act.
Burden Statement: The Commission
is revising its burden estimate for this
collection to reflect its estimate of the
current number of CFTC registrants
subject to the requirements of part 162
regulations. The respondent burden for
this collection is estimated to be as
follows:
Estimated Number of Respondents:
3,510.
Estimated Total Annual Burden
Hours: 46,603.
Frequency of Collection: As
applicable.
There are no capital costs or operating
and maintenance costs associated with
this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: June 4, 2025.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2025–10439 Filed 6–9–25; 8:45 am]
BILLING CODE 6351–01–P

CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2012–0026]

Agency Information Collection
Activities; Extension of Collection;
Comment Request; Requirements
Pertaining to Third Party Conformity
Assessment Bodies
Consumer Product Safety
Commission.

AGENCY:

9 17

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Federal Register / Vol. 90, No. 110 / Tuesday, June 10, 2025 / Notices
Notice of information collection;
request for comment.

ACTION:

As required by the Paperwork
Reduction Act of 1995, the Consumer
Product Safety Commission (CPSC or
Commission) requests comments on a
proposed extension of approval of
information collection requirements
pertaining to third party conformity
assessment bodies. The Office of
Management and Budget (OMB)
previously approved the collection of
information under control number
3041–0156. OMB’s most recent
extension of approval will expire on
September 30, 2025. The Commission
will consider all comments received in
response to this notice before requesting
an extension of this collection of
information from OMB.
DATES: Submit comments on the
collection of information by August 11,
2025.
ADDRESSES: You may submit comments,
identified by Docket No. CPSC–2012–
0026, within 60 days of publication of
this notice by any of the following
methods:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Do not submit through this website:
confidential business information, trade
secret information, or other sensitive or
protected information that you do not
want to be available to the public. The
Commission typically does not accept
comments submitted by email, except as
described below.
Mail/Hand Delivery/Courier/Written
Submissions: CPSC encourages you to
submit electronic comments by using
the Federal eRulemaking Portal. You
may, however, submit comments by
mail/hand delivery/courier to: Office of
the Secretary, Consumer Product Safety
Commission, 4330 East-West Highway,
Bethesda, MD 20814; telephone (301)
504–7479.
Instructions: All submissions received
must include the agency name and
docket number for this notice. CPSC
may post all comments without change,
including any personal identifiers,
contact information, or other personal
information provided, to: https://
www.regulations.gov. If you wish to
submit confidential business
information, trade secret information, or
other sensitive or protected information
that you do not want to be available to
the public, you may submit such
comments by mail, hand delivery, or
courier, or you may email them to cpscos@cpsc.gov.

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SUMMARY:

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Docket: For access to the docket to
read background documents or
comments received, go to: https://
www.regulations.gov, insert docket
number CPSC- 2012–0026 into the
‘‘Search’’ box, and follow the prompts.
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: Requirements Pertaining to
Third Party Conformity Assessment
Bodies.
OMB Number: 3041–0156.
Type of Review: Renewal of
collection.
Frequency of Response: On occasion.
Affected Public: Third party
conformity assessment bodies seeking
acceptance of accreditation or
continuing accreditation.
General Description of Collection: On
March 12, 2013, the Commission issued
a rule Pertaining to Third Party
Conformity Assessment Bodies (78 FR
15836). The rule established the general
requirements concerning third party
conformity assessment bodies, such as
the requirements and procedures for
CPSC acceptance of the accreditation of
a third party conformity assessment
body, and the rule prescribed adverse
actions that might be imposed against
CPSC-accepted third party conformity
assessment bodies. The rule also
amended the audit requirements for
third party conformity assessment
bodies and amended the CPSC’s
regulation for inspections. CPSC’s
requirements pertaining to third party
conformity assessment bodies can be
found at 16 CFR part 1112.
Estimated Respondent Burden:
• Application Burden.
The application for CPSC acceptance
of accreditation is completed by
submitting a Consumer Product
Conformity Assessment Body
Registration Form (CPSC Form 223); an
accreditation certificate for ISO/IEC
17025, General requirements for the
competence of testing and calibration
laboratories; and a statement of scope
that clearly identifies each CPSC rule
and/or test method for which CPSC
acceptance is sought. 16 CFR 1112.13(a).
For independent third party conformity
assessment bodies, the estimated time to
complete the initial application
materials is 75 minutes. For
governmental and firewalled third party
conformity assessment bodies, the
estimate is longer because of their
additional requirements. See 16 CFR

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24389

1112.13(b)–(c). Firewalled third party
conformity assessment bodies will
require an estimated 8.4 hours to
develop and upload their requirements
to the CPSC. Governmental third party
conformity assessment bodies will
require three hours to develop and
upload their requirements to the CPSC.
Based on applications received from
FY 2020 to FY 2024, we estimate
receiving 40 new applications from
independent third party conformity
assessment bodies, three applications
from firewalled third party conformity
assessment bodies, and four
applications from governmental third
party conformity assessment bodies,
each year.
Therefore, we estimate the total
hourly burden for new applications to
be 87.2 hours (75 minutes per
independent application × 40
applications = 3,000 minutes or 50
hours) + (8.4 hours per firewalled
application × 3 applications = 25.2
hours) + (3 hours per governmental
application × 4 applications = 12 hours).
• Updating Information Burden.
To update the information on CPSC
Form 223, third party conformity
assessment bodies will not need to fill
out an entirely new form to submit new
information. They can access their
existing CPSC Form 223 via the third
party conformity assessment body
application program on the CPSC’s
website and change only those elements
that need updating. From FY 2020
through the first half of 2025, there has
been a large increase in additions to
scope applications submitted each year.
The additions to scope applications
accommodate new testing related to
toys, furniture, batteries and durable
nursery products. We estimate it will
take a third party conformity assessment
body 30 minutes to update its
information to add scope items. Further,
we estimate that about 20 percent of the
approximately 670 third party
conformity assessment bodies will do
this per year, for an estimated 134
addition to scope applications annually.
Therefore, we estimate the total hourly
burden to update information to be 67
hours (134 applications per year × 30
minutes per application = 4,020 minutes
or 67 hours per year).
• Third Party Disclosure Burden.
During their normal course of
business, third party conformity
assessment bodies maintain testing
records. In addition, CPSC requires that
when a test conducted for purposes of
section 14 of the CPSA is subcontracted,
a prime contractor’s report must clearly
identify which test(s) were performed
by a CPSC-accepted third party
conformity assessment body acting as a

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subcontractor, and the test from the
subcontractor must be appended to the
prime contractor’s report. Records
maintained by a conformity assessment
body during their normal course of
business would not be considered in
calculating Paperwork Reduction Act
(PRA) burden, but we estimate that an
average third party conformity
assessment body engages in
recordkeeping related to 12,000 tests
annually pursuant to section 14 of the
CPSA that may be considered PRA
burden. We estimate that five percent of
third party conformity assessment
bodies, or 33.5 bodies (670 conformity
assessment bodies × 5% = 33.5
subcontracting test bodies), will
subcontract tests to other CPSCaccepted third party conformity
assessment bodies. It is difficult to
estimate how many tests will be
subcontracted, but for current purposes,
we estimate that of the third party
conformity assessment bodies who
subcontract, they will subcontract 25
percent of their tests. We estimate that
it will take seven minutes, on average,
to comply with the recordkeeping
requirements related to subcontracted
tests. If five percent of third party
conformity assessment bodies
subcontract 25 percent of tests annually,
that is a total of 100,500 subcontract
tests per year (33.5 subcontracting test
bodies × 12,000 tests per body × 25%
tests subcontracted = 100,500
subcontract tests). Therefore, at seven
minutes per test, we estimate a total
burden for third party disclosure to be
11,725 hours (or 703,500 minutes) per
year to comply with the subcontracting
recordkeeping requirement.
• Discontinue Burden.
If a third party conformity assessment
body wishes to voluntarily discontinue
its participation with the CPSC, an
estimated 30 minutes is needed to create
and submit the required documentation.
See 16 CFR 1112.29. From FY 2020–24,
106 labs withdrew from the CPSC
program. Accordingly, we estimate 20
labs will withdraw at an estimated total
hourly burden of 10 hours (or 600
minutes) annually.
• Audit Burden.
The CPSC portion of an audit is
required no less than once every two
years. See 16 CFR 1112.35(b). Therefore,
we estimated that 50 percent of third
party conformity assessment bodies
each year will go through an audit. This
is based on FY20–24 data showing an
average of 354 CPSC Audits per year.
Based on the number of third party
conformity assessment bodies that have
already been accepted by the CPSC as of
the end of May 2025 (686) and based
upon our experience with the rate of

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new successful applications, we predict
that the total number of third party
conformity assessment bodies will be
700 by FY26. Half of those, 350, will be
audited annually. Depending on the
type of conformity assessment body
(i.e., independent, firewalled, or
governmental), and other factors not
controlled by CPSC, audit burden would
vary somewhat from body to body. We
estimate that laboratories will spend
approximately 15 minutes to resubmit
their updated materials, including the
CPSC Form 223, accredited scope listing
and accreditation certificate for the
CPSC Audits. Firewalled and
governmental labs are also expected to
submit an updated attestation, as well as
an employee undue influence
memorandum. In addition, for
firewalled labs, a revised risk
assessment of impartiality and undue
influence is also included. Therefore,
the total amount of time spent by
conformity assessment bodies will be
approximately 87.5 hours (350 bodies
audited × 15 min. per audit = 5,250
minutes, or 87.5 hours).
Total Estimated Annual Burden:
Adding all the annual estimated burden
hours results in a total of approximately
11,977 hours (87.2 hours application
burden + 67 hours updating burden +
11,725 hours disclosure burden + 10
hours discontinue burden + 87.5 hours
audit burden = 11,976.7 total annual
burden hours).
To calculate the total cost of this PRA
burden, we use the total compensation
for all civilian workers, available from
the U.S. Bureau of Labor Statistics
‘‘Employer Costs for Employee
Compensation,’’ which is $47.20 per
hour worked as of December 2024. At
$47.20 per hour, the total cost of the
PRA burden is approximately $565,314
($47.20 × 11,977 hours = $565,314.40).
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,

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electronic or other technological
collection techniques, or other forms of
information technology.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2025–10508 Filed 6–9–25; 8:45 am]
BILLING CODE 6355–01–P

DEPARTMENT OF DEFENSE
Department of the Army
Board of Visitors, United States
Military Academy (USMA BoV)
Department of the Army, DoD.
Notice of open Federal Advisory
Committee meeting: in person.

AGENCY:
ACTION:

Under the provisions of the
Federal Advisory Committee Act of
1972, the Government in the Sunshine
Act of 1976, the Department of Defense
announces that the following Federal
advisory committee meeting will take
place.
DATES: The meeting will be held on
Friday, July 11, 2025, time: 8:00 a.m.–
11:00 a.m. Members of the public
wishing to attend the meeting will be
required to show a government photo ID
upon entering in order to gain access to
the meeting location. All members of
the public are subject to security
screening.
ADDRESSES: The meeting will be held at
the West Point Military Reservation,
Barth Hall, Camp Buckner, West Point,
New York 10996.
FOR FURTHER INFORMATION CONTACT: Mr.
David Nagle, the Designated Federal
Officer for the committee, in writing at:
Secretary of the General Staff, United
States Military Academy ATTN: David
Nagle, 646 Swift Road, West Point, NY
10996; by email at: david.nagle@
westpoint.edu or BoV@westpoint.edu; or
by telephone at (845) 938–3716.
SUPPLEMENTARY INFORMATION: The
committee meeting is being held under
the provisions of the Federal Advisory
Committee Act of 1972 (5 U.S.C.
appendix, as amended), the Government
in the Sunshine Act of 1976 (5 U.S.C.
552b, as amended), and 41 CFR 102–
3.150. The USMA BoV provides
independent advice and
recommendations to the President of the
United States on matters related to
morale, discipline, curriculum,
instruction, physical equipment, fiscal
affairs, academic methods, and any
other matters relating to the Academy
that the Board decides to consider.
Purpose of the Meeting: This is the
2025 Organizational Meeting of the
SUMMARY:

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