Products Liability Law Daily Wrap Up, NOTICES—PRODUCT TESTING AND COMPLIANCE—CPSC submits burden estimates for expanded beta testing of compliance data eFiling, (Sep 12, 2024)

By Susan Engstrom

The projected total annual cost to participants would be about $14,500,000.

The Consumer Product Safety Commission (CPSC) has submitted to the Office of Management and Budget, for review and approval, the burden estimates for an expanded Beta Pilot test of a CPSC initiative that would allow importers of regulated consumer products to electronically file (eFile) certificate of compliance data with U.S. Customs and Border Protection (CBP). The expansion would include up to 2,000 additional participants and extend the Beta Pilot test period from six months to up to three years, or until an effective date of a final rule implementing an eFiling requirement. Comments are due by October 10, 2024 (CPSC Notice, 89 Fed. Reg. 73392 (Sept. 10, 2024)).

Background. CPSC announced the joint Beta Pilot test in June 2022, seeking up to 50 participants. In 2023, the Commission and CBP began the test with 37 importer-participants. Later that year, CPSC published a supplemental notice of proposed rulemaking to require eFiling of certificate data.

Expanded Beta Pilot test. In June 2024, CPSC and CBP announced their joint intent to expand the Beta Pilot test to include up to an additional 2,000 importer participants. Participation in the expanded test will allow importers to assess and refine capabilities for eFiling certificate data elements into CBP’s Automated Commercial Environment via a Partner Government Agency (PGA) Message Set.

The expanded Beta Pilot test will follow the same structure as the existing Beta Pilot test, with two methods of filing certificate data using the PGA Message Set: (1) filing a minimum of seven data elements (Full PGA Message Set); or (2) filing only a reference to certificate data stored in a Product Registry maintained by CPSC (Reference PGA Message Set).

The Commission received two comments in response to the June 2024 notice, both in support of the expanded Beta Pilot test. CPSC did not revise its burden estimates based on the comments.

Burden estimates. The estimated total burden for the expanded Beta Pilot test is 283,200 hours for the 2,000 new participants, with an estimated total annual cost to participants of $14,536,835. These estimates are in addition to those for the current Beta Pilot test, i.e., 9,217 annual burden hours with an estimated annual cost of $404,764 (in 2021 dollars). When adjusted for inflation, the total estimated annual cost to current Beta Pilot test participants in 2023 was $442,002.

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