[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Rules and Regulations]
[Pages 68668-68679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30485]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1130
Requirements for Consumer Registration of Durable Infant or
Toddler Products; Final Rule
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule.
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SUMMARY: The Consumer Product Safety Commission (``Commission'') is
issuing a final rule under section 104(d) of the Consumer Product
Safety Improvement Act of 2008 (``CPSIA''). In accordance with that
section, the final rule requires each manufacturer of a durable infant
or toddler product to: provide a postage-paid consumer registration
form with each product; keep records of consumers who register their
products with the manufacturer; and permanently place the
manufacturer's name and contact information, model name and
[[Page 68669]]
number, and the date of manufacture on each such product. The final
rule specifies the text and format for the registration form and
establishes requirements for registration through the internet.
DATES: Effective Date: The rule will become effective on June 28, 2010.
Compliance Dates: The compliance date will be June 28, 2010 for the
following products: full-size cribs and nonfull-size cribs; toddler
beds; high chairs, booster chairs, and hook-on chairs; bath seats;
gates and other enclosures for confining a child; play yards;
stationary activity centers; infant carriers; strollers; walkers;
swings; and bassinets and cradles. The compliance date will be December
29, 2010 for the following products: children's folding chairs,
changing tables, infant bouncers, infant bath tubs, bed rails and
infant slings.
FOR FURTHER INFORMATION CONTACT: Marc Schoem, Deputy Director, Office
of Compliance and Field Operations, Consumer Product Safety Commission,
4330 East West Highway, Bethesda, MD 20814; telephone (301) 504-7520;
[email protected].
SUPPLEMENTARY INFORMATION:
A. Background
The Consumer Product Safety Improvement Act of 2008 (``CPSIA'',
Pub. L. 110-314) was enacted on August 14, 2008. Section 104(d) of the
CPSIA requires the U.S. Consumer Product Safety Commission
(``Commission'') to promulgate a final consumer product safety rule
that requires manufacturers of durable infant or toddler products to:
(1) Provide with each product a postage-paid consumer registration
form; (2) keep records of consumers who register such products with the
manufacturer; and (3) permanently place the manufacturer name and
contact information, model name and number, and the date of manufacture
on each such product. The Commission is now issuing such a final
rule.\1\
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\1\ Commissioner Thomas H. Moore issued a statement, a copy of
which is available from the Commission's Office of the Secretary or
from the Commission's Web site, http://www.cpsc.gov.
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Section 104(d) of the CPSIA specifies many of the requirements for
the registration rule. It establishes certain requirements for the
registration forms and specifies recordkeeping and notification
requirements. The statute permits the Commission to prescribe the exact
text and format for the registration forms, and the final rule does so.
The CPSIA also requires the Commission to assess consumer
registration requirements in the future. Within four years of enactment
of the CPSIA, the Commission must conduct a study on the effectiveness
of the consumer registration forms and whether to expand registration
to other children's products. The Commission also must regularly review
recall notification technology and assess the effectiveness of such
technology. The Commission must inform Congress of these assessments.
On June 29, 2009, the Commission issued a notice of proposed
rulemaking (``NPR'') proposing consumer registration requirements under
section 104(d) of the CPSIA. 74 FR 30903. The Commission received 19
comments on the NPR raising a variety of issues discussed in section B
of this preamble.
The NPR discussed the Commission's previous activities regarding
product registration cards. This experience and activities considering
how to improve recall effectiveness have informed the development of
this rule. The Commission has also taken into consideration the car
seat registration program administered by the National Highway Traffic
Safety Administration (``NHTSA''). 49 CFR 571.213S5.8.
B. Response to Comments on the NPR
Comments that the Commission received on the NPR and the
Commission's responses to them are discussed in this section of the
preamble.
1. Definition of ``Durable Infant or Toddler Products''
Comments
The Commission received 11 comments pertaining to the products that
should be covered under the registration provision in section 104 of
the CPSIA. Most of the comments requested the Commission to identify
with specificity exactly which products will be covered by the rule.
Commenters indicated that the open-ended nature of the proposed
regulation leaves room for possible application to products that were
never intended to be covered and they could be subject to the
possibility of severe civil penalties for not including a registration
card with a product that CPSC considers to be covered.
Several commenters stated that Congress intended the product
registration cards to apply to a narrow subset of juvenile products and
that the Commission should limit registration to the specified 12
product categories listed in section 104(f)(2).
On the other hand, a few commenters stated that the CPSC should not
limit the rule to just the 12 product categories specified in the
statute, but needs to leave room for new products coming into the
market that may meet the definition of a ``durable infant or toddler
product.''
Others suggested ways to provide guidance on products that would be
considered ``durable infant or toddler products'' such as using the
Juvenile Products Manufacturers Association (JPMA) certification
program and based on that program adding children's folding chairs,
changing tables, infant bouncers and bed rails to the statutory list of
products.
Commenters requested that footwear, mattresses, sports equipment,
playground equipment, toys and textile items, including clothing,
blankets and bedding, not be considered durable infant or toddler
products for the purpose of this rule.
Another commenter expressed agreement with the NPR that infant
slings, changing tables, bouncers, children's folding chairs, infant
bath tubs, and bed rails are products that warrant registration. The
commenter also suggested that crib mattresses, toy chests, backpack
carriers, doorway jumpers, and bike seats/trailers could warrant
inclusion in the registration card program.
Another commenter requested that the CPSC clarify that the
exclusion for car seat products that already carry the NHTSA
registration card includes travel systems that have infant carriers
sold with stroller bases. This commenter also urged the Commission to
clarify that replacement parts, spare parts, or service parts for
durable infant and toddler products are not independently subject to
the registration card and product identification requirements of
section 104.
Response
The Commission agrees that the rule needs to identify the items
covered with specificity in order for manufacturers to know whether the
registration requirements apply to their particular product. Because
the statute has a broad definition of a durable infant or toddler
product but also includes 12 specific product categories, additional
items can and should be included in the definition, but should also be
specifically listed in the rule. As noted in the NPR, in addition to
the 12 product categories mentioned in section 104(f)(2)(A) through
(L), children's folding chairs, changing tables, bouncers, infant bath
tubs, bed rails, and infant slings should also be included in the rule.
The Commission believes these additional six items meet
[[Page 68670]]
the definition of a durable infant or toddler product. In addition,
currently they are covered under, or are in the process of being
covered under, a voluntary standard. The Commission could add other
products in the future through notice and comment rulemaking.
Based on the definition of durable infant or toddler products and
the original 12 product categories identified in the CPSIA, the
Commission does not believe that some other types of products, such as
footwear, mattresses, sports equipment, playground equipment, or toys,
should be included in the final rule. The Commission agrees that
registration is required for finished products only, not for
replacement parts.
2. Definition of ``Durability''
Comments
Six comments were received regarding the definition of
``durability.'' The comments were similar to those discussed above,
indicating concern that the program will be interpreted and applied in
an inconsistent manner unless the Commission provides a precise scope
of the ``durability'' requirement. One commenter indicated that relying
on the NPR preamble's discussion would result in unnecessary confusion
about products meant to be used by children under one year of age,
which may be used for only twelve months after purchase, and whether
they would be considered to have an ``average life'' of three years or
more.
Another commenter suggested that registration requirements should
be applicable to a specific subset of children's products based on
``durability'' and that the Commission should limit the interpretation
of durable infant or toddler products to those durable goods that are
composed primarily, if not nearly entirely, of rigid components (e.g.,
a molded plastic base, frame, or supporting mechanism) and should not
include products composed exclusively or nearly exclusively of
textiles, such as infant slings.
One commenter suggested that the price paid by the consumer should
be considered when determining what is a durable nursery product.
Others objected that 3 years was too short a period and that using the
average product life as an indicator of durable goods was not
sufficiently objective.
Response
The Commission believes that these comments illustrate some of the
problems that may be encountered with an open-ended definition of
durable infant or toddler product rather than a specific list.
3. Responsible Party for Registration Cards and Database
Comments
Most of the nine comments received regarding the responsible party
for the registration cards and databases agree that domestic
manufacturers should be responsible for their products. In the case of
a foreign manufacturer, most commenters stated it should be the
importer of record who is responsible. Commenters stated that the rule
should also permit an importer to put its name and contact information
on the registration cards rather than the name of the manufacturer, and
to put its name on the product rather than the name of the foreign
manufacturer. This process would avoid consumer confusion and prevent
the potential disclosure of confidential business information.
Commenters recommended that in the case of private label items, the
private labeler or sole retailer should be able to make a contractual
agreement with the manufacturer to assume responsibility.
One commenter suggested that the final rule should allow for
retailers to be given the option to accept product registration cards,
that retailers should be able to at least try to help consumers
complete the product registration cards, and that large retail outlets
may want to establish retail kiosks where consumers could
electronically submit their information directly to the manufacturer to
register their durable infant or toddler product.
Response
The Commission agrees that the domestic manufacturer and the
importer of foreign manufactured products should be responsible for the
registration cards and for maintaining the registration database. In
the case of foreign manufactured products, the Commission agrees that
the importer should be allowed to put its name and United States
contact information on the card and product. The Commission has written
the final rule to reflect this change.
Through contractual agreement with the manufacturer, a private
labeler or retailer may take responsibility for the registration cards
and database. However, ultimately, the manufacturer is responsible for
registration. Similarly, nothing prevents retailers from accepting the
registration cards and otherwise encouraging registration; however,
under the statute, the manufacturer ultimately bears responsibility for
registration and is the party the Commission will proceed against
should it pursue any enforcement action.
4. Request To Exempt Businesses That Demonstrate They Already Collect
Contact Information
Comments
The Commission received three comments requesting that companies
that can demonstrate that they already collect and maintain contact
information should not have to include registration cards with each
product. Commenters opined that this would avoid redundant information
and fulfill the intent of the law. One commenter suggested that
registration via Web sites is more effective since card data becomes
outdated very quickly and a web-based solution allows updating of
addresses over time.
Response
Section 104(d)(1)(A) of the CPSIA states that each manufacturer of
a durable infant or toddler product must provide consumers with a
postage-paid consumer registration form with each such product. In
addition, the statute requires that the form be attached to the product
so that, as a practical matter, the consumer notices and handles it.
CPSIA, 104(d)(2)(c). No exemptions were listed. Therefore, while
consumers have the option of using electronic registration, it is not a
substitute for the product registration card being included with the
durable infant or toddler product.
5. Allow Flexibility for Product Identification
Comments
Three comments requested flexibility for product identification.
One commenter stated that the form should be changed to say ``Product
Identification Number'' (PIN) instead of ``Model Number'' because PIN
would allow tracking of specific products to the retailer, or consider
asking model number and PIN. Another commenter requested flexibility
where companies use unique product numbers to identify their products
rather than a ``model name and number.'' The commenter also requested
that a company be able to provide cards that allow consumers to insert
the model information. Another commenter stated that NHTSA's
registration rule requires either the model name or model number but
not both. The commenter recommended allowing the manufacturer to
preprint the model name or the model number, but not require both.
[[Page 68671]]
Response
The Commission recognizes that some manufacturers may not use a
model name and model number. The final rule clarifies that if a
manufacturer uses only one or the other, the manufacturer does not have
to provide both on the product or registration form. Manufacturers do
not have to create something they do not currently have. If they use
both, then both should be provided. The Commission also believes that
manufacturers who use unique product numbers, product descriptions, or
other customarily used identifiers, such as a Product Identification
Number (PIN) instead of a model number, should be allowed to provide
those identifiers in place of the model number. The intent of the law
is to make it easier for consumers to register their products and,
therefore, manufacturers shall include on the registration card the
manufacturer's name, model name and number, and date of manufacture, so
consumers do not have to fill it in on the card themselves.
6. Coding Date of Manufacture
Comments
Two commenters requested that the rule allow the date of
manufacture to be expressed in code. Both commenters pointed out that
many manufacturers currently use date codes and they are considered
acceptable under the ASTM International (ASTM) standards that apply to
the infant and toddler products which are part of the Juvenile Products
Manufacturers Association (JPMA) certification program. They also
indicated that by allowing the use of a date code, or the month and
year of manufacture, the CPSC would be consistent with its guidance on
date coding for section 102 Conformity Certificates and section 103
Tracking Labels.
Response
The Commission agrees and has revised the final rule accordingly.
These are recognized standard operating practices of manufacturers.
7. Section 103 Tracking Label Redundancy
Comments
Eight comments were received regarding the overlapping information
required for labels in sections 103 and 104. Five of the eight
commenters urged the Commission to allow manufacturers to combine the
labeling information required for section 103 and section 104 into one
label. One commenter stated that a durable infant and toddler product
manufacturer must include both sets of identifying tracking information
from section 103 and section 104. On the other hand, two commenters
stated that they felt the tracking label required in section 103 should
satisfy the labeling requirements of section 104 and products do not
need to have both labels. Another commenter requested the CPSC to
clarify that CPSIA section 104(f) is not intended to require that
manufacturers attach to their products additional or duplicative labels
if existing labels required by CSPC product safety standards or other
laws contain the same information. One commenter urged the Commission
to clarify in the final rule that labels are permitted as the
``permanent marking'' as long as they meet appropriate standards for
permanence of attachment.
Response
The Commission agrees that it should not be necessary to have two
marks with redundant information on a product. The final rule clarifies
that manufacturers/importers may combine information required by
section 103 with the section 104 registration information into one
marking so long as all the information required by both sections is
included. The final rule also clarifies the meaning of ``permanent.''
The preamble indicates that labels are permitted as the ``permanent
marking'' as long as they can reasonably be expected to remain on the
product during the useful life of the product.
8. Harmonize With NHTSA's Car Seat Registration Form
Comment
The Commission received two comments requesting that section 104 be
harmonized with the NHTSA registration format. The commenters
specifically identified the online registration page and uniform
message and formatting as areas where harmonization is needed and
requested the CPSC conform the minimum height requirements of the
registration card to the NHTSA rule. The commenters also indicated that
NHTSA's rule does not require small, pen-top blocks but, rather, allows
the consumer to enter his/her name/address in free style which most
manufacturers prefer.
Response
The Commission recognizes that manufacturers who already provide
the NHTSA car seat registration card have a system in place and that
allowing more similarity to the NHTSA registration cards will
streamline their process for implementing the section 104 registration
cards. The final rule provides more flexibility for the design of the
registration card. The specifics are discussed below in section 10,
Format Flexibility of Registration Card.
9. Format Flexibility of Registration Card
Comment
Twelve comments were received regarding the format and placement of
the registration card. The majority of the commenters requested more
flexibility, with some asking that the Commission consider making the
form and format for the registration cards ``recommended'' or ``safe
harbor,'' so that minor and possibly inadvertent variations in the type
size, card size or font style of the registration cards, or of the
labels added to the cards, would not result in a potential regulatory
violation.
One commenter requested that fewer boxes be required per line to
allow for printing variations. One commenter supported CPSC prescribing
the text of the registration form to ensure that foreign manufacturers
don't have any problems with translation issues. One commenter
suggested adding ``Required by Law'' to the purpose statement on the
card.
Response
The Commission agrees that more flexibility can be incorporated
into the design, format, and placement of the registration card. The
final rule includes the following changes:
1. Size of form: The form shall be two standard post cards
connected with perforation for later separation. As defined by the
United States Postal Service, the cards shall be at a minimum: 3\1/2\
inches high by 5 inches long by 0.007 inch thick.
2. Font size and typeface: All the information on the card shall be
printed in bold typeface, capital and lower cases, and no less than 10-
point with one exception being the purpose statement. The title of the
purpose statement shall be all capitals, bold, and at a minimum 12-
point typeface. The purpose statement shall be at a minimum 12-point,
bold typeface with capital and lower case type.
3. Purpose Statement: Manufacturers that do not have a Web site
must provide an e-mail address and state at the end of the purpose
statement: ``To register your product, please complete and mail this
card or email your contact information, the model name and number, and
date of manufacture of the product as provided on this card to:
[email protected]''.
4. Consumer Information: The bottom front portion of the form shall
have
[[Page 68672]]
blocks for the consumer to provide his/her name, mailing address,
telephone number, and email address. The blocks shall be 5 mm wide and
7 mm high. Manufacturers should use as many blocks as possible to fill
the width of the card, allowing for normal printing practices. Staff
believes the use of blocks encourages consumers to print their
information in a more legible format than free-style writing.
10. Effective Date for Final Rule
Comments
Three comments were received regarding the time for implementation.
All three indicated that one year is needed to reasonably implement
section 104 requirements. The commenters stated that with the increase
in manufacturing overseas their companies needed more time to determine
a method for collecting the registration card information and creating
a database to store the information, as well as to identify how the
registration cards will be inserted into the packaging for the covered
products. They also expressed the need to coordinate the registration
information with websites and internet access especially for companies
that do not have a pre-existing infrastructure for consumer
registration.
Response
The Commission believes that six months from publication of the
final rule is reasonable and adequate for implementation of the rule
for the original 12 product categories listed in the NPR. The CPSIA was
enacted more than 15 months ago and manufacturers have been on notice
of the requirement for registration for these twelve items since
enactment. Moreover, the Commission must provide a report to Congress
on the effectiveness of the program not later than four years after the
date of enactment. Manufacturers who produce the additional six items
specified in the proposed final rule should have one year from
publication of the final rule to implement the registration cards and
database. It is possible that manufacturers who produce one or more of
the original 12 product categories and one or more of the additional
six items would be able to implement the process sooner than one year
for the additional six items.
11. Retaining Registration Card Information
Comments
The Commission received three comments regarding the retention of
registration card information. The first commenter requested the CPSC
clarify that the registration cards themselves do not have to be
retained for six years, but rather the information on the card must be
retained. The second comment suggested that consumer information for
high quality cribs should be retained for no less than 10 years. The
third commenter suggested that the CPSC should have the authority to
require manufacturers to keep the information longer than six years if
they have reason to believe a recall may be pending because of numerous
consumer complaints about the product.
Response
Section 104(d)(3) of the CPSIA states that each manufacturer of a
durable infant or toddler product shall maintain a record of
registrants for each product manufactured that includes all of the
information provided by each consumer registered. Thus, the
information, but not necessarily the registration form itself, must be
retained. The same section states that each manufacturer shall maintain
such a record for a period of not less than six years after the date of
manufacture of the product. The Commission believes six years of data
retention is adequate. This is the same record retention period as
NHTSA has in its child restraint registration rule. If manufacturers
want to keep the data for a longer period they have that option, but
the Commission does not believe it is necessary to specify a longer
time for certain products.
12. Electronic/E-Mail Registration
Comment
Ten comments were received regarding electronic/email registration.
All comments favored allowing manufacturers to set up a registration
page on their website for consumers to use instead of the registration
card. Comments also favored allowing firms that do not have a website
to provide for consumers to register through email. Some commenters
suggested that for email registrations, clear and conspicuous
instructions must be provided for the consumer to know what should be
provided in the email to register and that an automatic reply should be
sent to the consumer to confirm that the information was received.
A number of the commenters requested flexibility in how they set up
the page and requested that the CPSC not restrict navigation to other
pages on the website. Several requested that an email address be
required if a consumer registers on-line. One commenter suggested that
registration pages be clearly separated from any product marketing
sections of a company's Web site.
A commenter stated that the CPSC should not insist that each
product come with a postage paid consumer registration form if both the
retail outlet and the consumer will accept an alternative, non-
intrusive and protected, method of electronic, web based registration
instead.
One commenter supported allowing consumers to change or update
their information on the internet. However, another commenter expressed
concern that permitting an on-line ``change of address'' option for
consumers could lead to the unintended deletion of properly registered
consumers from the database.
Response
The Commission agrees that allowing consumers to register their
product via a company Web site or by providing an e-mail for the
consumer to send the required registration information may facilitate a
larger response from consumers than just using the registration cards.
The Commission believes that manufacturers should have flexibility in
setting up their Web page but should clearly separate the registration
page from any advertisement. By preventing additional information or
advertising from appearing on the registration page, the benefits of a
standardized registration form are maintained, helping to improve the
rate of registration. Companies that do not have a Web site must
provide an e-mail address to allow consumers to e-mail their
registration information. These companies must set up an automatic
reply so consumers can confirm that their registration information was
received. Electronic/e-mail registration does not replace the mandatory
requirement stated in section 104(d)(1)(A) of the CPSIA that each
manufacturer of a durable infant or toddler product must provide
consumers with a postage-paid consumer registration form with each such
product.
13. Other Issues
Comment
One commenter suggested that the CPSC should consider carefully the
penalties for violation of using the consumer information collected
with the registration cards for some purpose other than the safety
alert or recall.
Response
The final rule includes a requirement that manufacturers not use
the consumer registration information for
[[Page 68673]]
any purpose other than notifying the consumer in the event of a recall
or safety alert. Thus, if a manufacturer actually misuses the
information, they would be violating a consumer product safety rule
which is a prohibited act under section 19 of the CPSA and would
subject the manufacturer to penalties under section 20 of the CPSA.
Other federal and state laws governing consumer privacy may also be
implicated by the inappropriate use of the information collected with
the registration form which should also serve as a deterrent to such
inappropriate use.
C. Description of the Final Rule
The final rule is substantially the same as what the Commission
proposed in June. The Commission has made some changes, mostly in
response to comments on the proposed rule.
1. Scope and Definitions--Sec. Sec. 1130.1 & 1130.2
The purpose section in 1130.1(a) remains the same as the proposal.
In the scope section 1130.1(b), the NPR stated that child restraint
systems covered by NHTSA registration program would not be subject to
the Commission's registration rule. The final rule clarifies that the
consumer product registration requirements would not apply to products
that are part of a travel system which is covered by NHTSA's
registration requirements for child restraint systems. Thus, for
example, a stroller base that is sold with an infant carrier that is
covered by NHTSA's registration program would not need a separate
Commission registration form.
As discussed in section B of this preamble, the Commission is
maintaining the 180-day effective date it had proposed, but is
establishing a compliance date of 180 days for the 12 product
categories listed in the CPSIA and a compliance date of one year for
the additional six products enumerated in the final rule. Although the
Commission received three comments requesting a longer effective date,
the Commission believes that 180 days from publication of the final
rule should be adequate for these 12 product categories. The Commission
also notes that the final rule provides more flexibility in the
formatting of the registration forms and is more consistent with the
NHTSA registration requirements. One of the comments requesting a
longer effective date was submitted by a group of manufacturers who
make child restraint systems for automobiles. These changes to the
final rule should ease implementation. As discussed later in this
preamble, the scope of the final rule will cover eighteen product
categories specifically identified in the rule rather than all products
that could fit within the narrative definition of ``durable infant or
toddler product.''
The Commission is revising two definitions in section 1130.2. As
mentioned, the final rule provides a list of the durable infant or
toddler products covered by the rule. The CPSIA defines the term
``durable infant or toddler product'' with a broad narrative
definition--``a durable product intended for use, or that may be
reasonably expected to be used, by children under the age of 5
years''--and then lists twelve specific examples. The proposal would
have required registration for all durable infant or toddler products
that fell within the narrative part of the statutory definition as well
as the specific products listed. The preamble to the proposal attempted
to give some guidance on what the Commission believed would fit within
the narrative part of the definition. Numerous comments on the NPR
observed that, even with this preamble discussion, it remained unclear
what products would be covered by the registration requirement. After
considering the comments, the Commission agrees that without a specific
list of products it could be difficult for manufacturers to determine
if their products are subject to registration.
The final rule defines ``durable infant or toddler product'' as the
twelve specific product categories listed in the CPSIA definition and
the six additional products that the NPR preamble specifically noted
would be considered by the Commission staff to be durable infant or
toddler products: children's folding chairs, changing tables, infant
bouncers, infant bath tubs, bed rails and infant slings. Four of these
products (children's folding chairs, changing tables, infant bouncers,
and bed rails) are part of the Juvenile Products Manufacturers
Association (``JPMA's'') certification program, which certifies
products to the applicable ASTM standards, as are the products
specifically listed in the statutory definition. As noted in the NPR
preamble, the Commission staff believes that these products are similar
to other products specifically listed in the statutory definition. A
changing table is similar to other nursery products, such as cribs and
cradles, which are listed, and it is under the same ASTM subcommittee
(F15.18) as cribs, toddler beds, play yards, bassinets and cradles. Bed
rails are similar to ``gates and other enclosures for confining a
child,'' an enumerated category. Infant bath tubs are similar to bath
seats, and some were at one time covered by the same ASTM standard as
bath seats. Infant slings are similar to infant or child carriers which
are explicitly covered. A voluntary standard for slings is currently
under development. The Commission may add other products to the list in
the future through notice and comment rulemaking.
As to definitions of each listed product, if there is a relevant
mandatory Commission standard for the product, the definition in the
Commission standard would govern. If there is no mandatory standard for
the product, manufacturers should refer to the definition of the
product in the appropriate voluntary standard.
The definition of ``manufacturer'' in the final rule differs from
that in the proposal. The preamble to the NPR discussed that section
104(d) applies to ``manufacturers'' of durable infant or toddler
products and that the definition of ``manufacturer'' in the Consumer
Product Safety Act includes an importer. 15 U.S.C. 2052(a)(11). The NPR
preamble requested comments concerning which party, the importer or a
manufacturer should have the primary responsibility for the
registration obligations mandated by section 104 of the CPSIA. As
discussed further in section B of this preamble, the Commission
received several comments concerning this issue. The Commission has
decided to clarify in the definition of ``manufacturer'' that, for
purposes of this rule, for a product produced within the United States,
the ``manufacturer'' (and the party that is responsible for product
registration) is the domestic manufacturer of the product. For a
foreign-made product, for purposes of this rule, the ``manufacturer''
is the importer of the product.
As the preamble to the NPR discussed, the statutory provision does
not require the retailer of a durable infant or toddler product to
establish or maintain a registration program. The NPR preamble
discussed the possibility of allowing other parties--such as retailers,
distributors or private labelers--to establish and maintain a
registration program or allowing a manufacturer and importer to arrange
among themselves who would run the registration program. The Commission
requested comments on this issue. One comment suggested allowing
parties other than the manufacturer to contract with the manufacturer
agreeing to undertake the responsibility for registration. The
commenter suggested that the Commission could then release the
manufacturer from liability, similar to the provision of guaranties
that is
[[Page 68674]]
permitted under the Flammable Fabric Act (``FFA''). The Commission has
considered this suggestion. However, while the FFA explicitly provides
for guaranties, no such statutory permission is given for such an
arrangement under the CPSIA with regard to registration cards. Thus,
the Commission believes that it must remain the obligation of the
manufacturer of a durable infant or toddler product to ensure that the
product complies with the registration requirements. While nothing
prohibits a manufacturer from arranging for another party to undertake
the registration program, the Commission will look to the manufacturer
as the party that is ultimately responsible for compliance with the
registration requirements under section 104 of the CPSIA and the
requirements of this part.
The other definitions in this section remain the same as proposed.
2. General Requirements--Sec. 1130.3
The general requirements in section 1130.3 are primarily a
restatement of the statutory requirements in section 104(d)(1) and (3)
of the CPSIA and remain unchanged from the proposal. The section
requires each manufacturer of a durable infant or toddler product to
provide consumers with a postage-paid consumer registration form with
each product; maintain a record of the contact information of consumers
who register their products with the manufacturer; and permanently
place the manufacturer's name and contact information, model name and
number, and the date of manufacture on each durable infant or toddler
product. This section also prohibits the manufacturer from using or
disseminating the consumer information collected under these
requirements to any other party for any purpose other than notification
of the consumer in the event of a product recall or safety alert.
3. Manufacturer and Product Identification on the Product--Sec. 1130.4
Section 104(d)(1)(C) of the CPSIA requires the manufacturer to
permanently place the manufacturer's name and contact information,
model name and number, and the date of manufacture on each durable
infant or toddler product. As in the proposal, section 1130.4 repeats
this statutory requirement and specifies that the required information
must be in English, legible, and in a location on the product that is
conspicuous to the consumer. In response to comments, the final rule
adds several clarifications to this section. If a manufacturer
regularly uses only a model name or only a model number, it is not
necessary to create a model name or number solely in order to comply
with the registration requirement. Similarly, if a manufacturer uses a
product identification number (``PIN'') or other identification number
rather than a model number, he/she may use that number to identify the
product on the registration card. This section of the final rule makes
these clarifications. This section further clarifies that the date to
be marked on the product shall include the month and year of
manufacture, and that it is permissible to state the date in code.
Some comments asked about the requirement that the marking be
permanent. To clarify this requirement, the Commission is adding a
provision explaining that a permanent mark is one that can reasonably
be expected to remain on the product during the useful life of the
product. Thus, an adhesive label could be used, so long as it meets
this requirement.
The NPR preamble discussed that section 103 of the CPSIA requires
that all children's products must have permanently marked on the
product certain identifying information (the manufacturer or private
labeler, location and date of production and cohort information),
sometimes called tracking labels. The marking requirements in section
104 and in section 103 are similar, but not identical. The NPR preamble
asked for comments on the interplay between these two marking
provisions.
Although some commenters requested that one marking suffice for the
other, the Commission believes that the statute requires that
manufacturers of durable infant or toddler products comply with the
marking requirements of both section 103 and section 104. Manufacturers
may choose whether to place the necessary identifying information in
one location or not, so long as all of the required information is
provided on the product. Such a marking would need: The name of the
manufacturer, contact information, location and date of manufacture,
model name and number, and batch or run number (or other identifying
characteristic). A new subsection (c) in section 1130.4 explains that
the product identification required under this section may be combined
with other information on the product.
4. Requirements for Registration Forms--Sec. 1130.5
Section 1130.5 remains unchanged from the proposal. With the
exception of requiring compliance with particular text and format
specifications and requiring that information be in English, the
requirements for registration forms stated in this section are
explicitly directed by section 104(d)(2) of the CPSIA. This section
requires registration forms to:
Comply with specified text and format requirements;
State all information in English;
Be attached to the surface of each durable infant or
toddler product so that the consumer must notice and handle the form
after purchasing the product;
Include the manufacturer's name, model name and number for
the product and the date of manufacture;
Include an option to register using the internet; and
Include a statement that information the consumer provides
will only be used to facilitate a recall or safety alert.
5. Format Requirements--Sec. 1130.6
Section 1130.6 prescribes the registration form's size and layout.
It is substantially the same as proposed. The changes reflect some
clarifications and also some greater flexibility. Section 1130.6(a)
establishes the size of the form. This section of the final rule now
sets a minimum size for the registration forms rather than requiring
that they must be a specified size. The form must be at least the size
of two standard post cards connected together with a perforated line so
that the portions can be separated. Each of the two portions must be at
least 3\1/2\ inches high by 5 inches wide by 0.007 inches thick. This
is the measurement the Postal Service specifies for a standard post
card. It is also the same measurement that NHTSA's child restraint
registration requirements establish as a minimum for its registration
forms. The proposal did not specify a thickness for the forms. However,
since both the Postal Service and the NHTSA child restraint
registration requirements specify the thickness of a standard post
card, the final rule clarifies this and specifies a thickness. The
Commission believes that requiring a minimum size will allow some
flexibility and allow for minimal variations in production but will
still provide for uniformity.
Requirements for the layout of the top of the form, which provides
the purpose statement and the manufacturer's contact information,
remain unchanged from the proposal.
Section 1130.6(b)(3) prescribes the format for the bottom of the
form. This section now explicitly states that the registration form
must be postage paid. This is a requirement stated in the CPSIA and
also stated elsewhere in the rule. For the sake of clarity, that
requirement is also stated in this section
[[Page 68675]]
(it was not stated in this section in the NPR).
Proposed section 1130.6(c) required that the registration form use
Arial Black typeface. In order to allow more flexibility, the final
rule does not specify a particular typeface. It does, however, require
that the type be in bold, black type. The type size requirement remains
unchanged from the proposal (at least 12-point for the purpose
statement and no less than 10-point for all other information on the
form). The final rule also specifies that the title of the purpose
statement must be in all capitals, and the other information must be in
capital and lower case type. This is a clarification because the
illustration of the registration form in both the proposed and final
rule shows capital and lower case letters in this way.
6. Text Requirements--Sec. 1130.7
The final rule makes a few changes to the text requirements in the
proposal, primarily to provide more flexibility. As in the proposal,
the final rule requires a purpose statement explaining the purpose of
the registration form. The final rule adds a a sentence to the purpose
statement for manufacturers to use if they do not have a website and
instead provide an email address.
Requirements for the manufacturer and product information remain
unchanged from the proposal. As for the consumer information, the
proposed rule specified a certain number of blocks on the form for
consumers to supply their contact information. Some comments requested
that the form not require any blocks. The Commission believes that
providing blocks for consumers to write their contact information will
likely make the information more legible. Section 104(d)(2)(B) of the
CPSIA requires that the form permit easy, legible recording. Therefore,
the final rule continues to require blocks, but does not require any
particular number of blocks. As in the proposal, the final rule
requires that blocks for consumer information be 5 mm wide and 7 mm
high. However, rather than requiring a particular number of blocks, the
final rule requires only that the forms have as many blocks as possible
to fill the width of the card while allowing for normal printing
practices.
Requirements for the product information portion of the
registration form remain unchanged.
7. Requirements for Internet Registration or Alternative E-Mail
Registration--Sec. 1130.8
Section 104(d)(2)(F) of the CPSIA requires that the registration
form include the option of registering the product through the
internet. Section 1130.8 of the final rule prescribes requirements for
website registration: requiring a link to the registration page, a
purpose statement, and certain requirements for the content of the
registration page.
The final rule, like the proposal, restricts the website's
registration page to only requesting the consumer's name, address,
telephone number, email address, product name and number and the date
of manufacture. The Commission specifically asked for comments on
whether there is a need to restrict navigation to other pages or Web
sites.
The final rule requires a few additional restrictions for Web sites
than the proposal. The final rule prohibits on the electronic
registration form any other information than identification of the
manufacturer or a link to the manufacturer's home page, a field to
confirm submission of the registration form, and a prompt to indicate
any incomplete or invalid fields before the form is submitted. The
final rule also states that accessing the registration form shall not
cause additional screens or electronic banners to appear.
The Commission believes that these are minimal restrictions
necessary to separate product registration from any other purposes of
the website. These restrictions are very similar to those that NHSTSA
states in its registration rule for child restraint systems.
As discussed in the NPR preamble, the Commission recognizes that
some companies may not have a Web site, and such companies could allow
customers to register their product by e-mail. The final rule adds a
subsection (d) to section 1130.8 to clearly state that providing
registration through e-mail is an alternative for manufacturers who do
not have a Web site. The subsection also requires that the e-mail
address be set up so that the consumer will receive an automatic reply
confirming receipt of the registration information. This should
decrease the possibility of a consumer entering the same registration
multiple times if he/she is uncertain whether the information was
received.
8. Recordkeeping and Notification--Sec. 1130.9
This section of the final rule remains unchanged from the proposal.
In accordance with the CPSIA, section 1130.9 requires that each
manufacturer of a durable infant or toddler product maintain a record
of registrants for each product manufactured that includes all of the
information provided by the consumer. The rule requires the
manufacturer to use the information the consumer provides to notify the
registrant if the product is the subject of a recall or safety alert.
As the statute mandates, and as proposed, the final rule requires that
the manufacturer maintain a record of the registration information for
no less than 6 years after the date of manufacture of the product. Both
the statue and the rule require that the information be maintained, but
neither requires the manufacturer to retain the actual registration
card itself.
D. Effective Date
The Commission proposed that the rule would become effective 180
days after publication of the final rule in the Federal Register. As
discussed in the previous sections of the preamble, the Commission
received three comments expressing concern that this 6-month period
would be too short and requesting one year instead. The final rule
retains the 180-day compliance date and sets a 180-day compliance date
for the product categories specifically listed by example in the
statutory definition of durable infant or toddler product: full-size
cribs and nonfull-size cribs; toddler beds; high chairs, booster
chairs, and hook-on chairs; bath seats; gates and other enclosures for
confining a child; play yards; stationary activity centers; infant
carriers; strollers; walkers; swings; and bassinets and cradles. The
Commission is providing a one-year compliance date for the six products
the final rule adds to the listed products: children's folding chairs,
changing tables, infant bouncers, infant bath tubs, bed rails and
infant slings. These six products were previously identified in the NPR
preamble, but were not specifically listed in the text of the NPR.
Therefore, the Commission is providing additional time for these
products to comply with the registration requirements.
The rule will apply to products manufactured on or after the
applicable compliance date.
E. Regulatory Flexibility Analysis or Certification
The Regulatory Flexibility Act (``RFA'') generally requires that
agencies review proposed rules for their potential economic impact on
small entities, including small businesses. However, section 104(d)(1)
of the CPSIA removes this requirement for promulgating the
[[Page 68676]]
rule implementing the CPSIA's consumer registration provision.
Consequently, no regulatory flexibility analysis or certification is
necessary.
F. Paperwork Reduction Act
Section 104(d)(1) of the CPSIA also excludes this rulemaking from
requirements of the Paperwork Reduction Act, 44 U.S.C. sections 3501
through 3520. Consequently, no Paperwork Reduction Act analysis is
necessary.
G. Environmental Considerations
The Commission's regulations provide a categorical exemption for
the Commission's rules from any requirement to prepare an environmental
assessment or an environmental impact statement as they ``have little
or no potential for affecting the human environment.'' 16 CFR
1021.5(c)(2). This final rule falls within the categorical exemption.
List of Subjects in 16 CFR Part 1130
Administrative practice and procedure, Business and industry,
Consumer protection, Reporting and recordkeeping requirements.
0
Therefore, the Commission amends Title 16 of the Code of Federal
Regulations by adding part 1130 to read as follows:
PART 1130--REQUIREMENTS FOR CONSUMER REGISTRATION OF DURABLE INFANT
OR TODDLER PRODUCTS
Sec.
1130.1 Purpose, scope and effective date.
1130.2 Definitions.
1130.3 General requirements.
1130.4 Identification on the product.
1130.5 Requirements for registration form.
1130.6 Requirements for format of registration form.
1130.7 Requirements for text of registration form.
1130.8 Requirements for website registration or alternative email
registration.
1130.9 Recordkeeping and notification requirements.
FIGURE 1 TO PART 1130--FRONT OF REGISTRATION FORM
FIGURE 2 TO PART 1130--BACK OF REGISTRATION FORM
Authority: 15 U.S.C. 2056a, 2065(b).
Sec. 1130.1 Purpose, scope, and effective date.
(a) Purpose. This part prescribes a consumer product safety rule
establishing requirements for consumer registration of durable infant
or toddler products. These requirements are intended to improve the
effectiveness of recalls of, and safety alerts regarding, such
products.
(b) Scope. Part 1130 applies to manufacturers, including importers,
of durable infant or toddler products, as defined in Sec. 1130.2(a).
It does not apply to infant or child restraint systems intended for use
in automobiles that are covered by the registration program of the
National Highway Traffic and Safety Administration (NHTSA) at 49 CFR
571.213, or to products that comprise a travel system, and are sold
with a child restraint system that is covered by the NHTSA registration
program at 49 CFR 571.213.
(c) Compliance Date. Compliance with this part 1130 shall be
required on June 28, 2010 for the following products: full-size cribs
and nonfull-size cribs; toddler beds; high chairs, booster chairs, and
hook-on chairs; bath seats; gates and other enclosures for confining a
child; play yards; stationary activity centers; infant carriers;
strollers; walkers; swings; and bassinets and cradles. Compliance with
this part 1130 shall be required on December 29, 2010 for the following
products: Children's folding chairs, changing tables, infant bouncers,
infant bath tubs, bed rails and infant slings. The rule shall apply to
durable infant or toddler products, as defined in Sec. 1130.2(a), that
are manufactured on or after those dates.
Sec. 1130.2 Definitions.
In addition to the definitions given in section 3 of the Consumer
Product Safety Act (15 U.S.C. 2052), the following definitions apply:
(a) Durable infant or toddler product means the following products,
including combinations thereof:
(1) Full-size cribs and non-full-size cribs;
(2) Toddler beds;
(3) High chairs, booster seats, and hook-on chairs;
(4) Bath seats;
(5) Gates and other enclosures for confining a child;
(6) Play yards;
(7) Stationary activity centers;
(8) Infant carriers;
(9) Strollers;
(10) Walkers;
(11) Swings; and
(12) Bassinets and cradles;
(13) Children's folding chairs;
(14) Changing tables;
(15) Infant bouncers;
(16) Infant bathtubs;
(17) Bed rails;
(18) Infant slings.
(b) Manufacturer, for purposes of this part, in the case of a
product produced within the United States, means the domestic
manufacturer of the product, and in the case of an imported product,
means the importer of the product.
(c) Product recall means action taken pursuant to sections 12,
15(c) or 15(d) of the CPSA (15 U.S.C. 2061, 2054(c), or 2064(d)), and
action taken pursuant to a corrective action plan implemented by a
company in cooperation with the Commission, where the firm is
conducting one or more of the following: repair of the product;
replacement of the product; or refund of the purchase price of the
product.
(d) Safety alert means notice or warning of a potential problem
with an individual product or class of products so that consumers and
other users of the affected products respond accordingly to reduce or
eliminate the potential for injury.
Sec. 1130.3 General requirements.
(a) Each manufacturer of a durable infant or toddler product shall:
(1) Provide consumers with a postage-paid consumer registration
form that meets the requirements of this part 1130 with each such
product;
(2) Maintain a record in accordance with the requirements set forth
in Sec. 1130.9 of the contact information (names, addresses, e-mail
addresses, and telephone numbers) of consumers who register their
products with the manufacturer under this part 1130;
(3) Permanently place the manufacturer name and contact
information, model name and number, and the date of manufacture on each
durable infant or toddler product in accordance with the requirements
set forth in Sec. 1130.4.
(b) Consumer information collected by a manufacturer pursuant to
the requirements of this part 1130 shall not be used by the
manufacturer, nor disseminated by the manufacturer to any other party,
for any purpose other than notification to such consumer in the event
of a product recall or safety alert.
Sec. 1130.4 Identification on the product.
(a) Each durable infant or toddler product shall be permanently
marked with the manufacturer name, and contact information (U.S.
address and telephone number, toll free if available) model name and
number, and date of manufacture.
(1) If the manufacturer regularly uses only a model name or a model
number, but not both, to identify the product, he/she may provide only
the model name or number rather than creating a model name or number
for the sole purpose of this part 1130.
(2) If the manufacturer regularly identifies the product by a
product
[[Page 68677]]
identification number (``PIN'') or other similar identifying number
rather than a model number, he/she may provide that identifying number
instead of a model number.
(3) The date referred to in paragraph (a) of this section shall
include the month and year of manufacture and can be stated in code.
(4) A permanent mark is one that can reasonably be expected to
remain on the product during the useful life of the product.
(b) The information required by this section shall be in English,
legible, and in a location that is conspicuous to the consumer.
(c) The information required by this section may be combined with
other information marked on the product.
Sec. 1130.5 Requirements for registration forms.
The registration form required under Sec. 1130.3(a)(1) shall:
(a) Comply with the format and text requirements set forth in
Sec. Sec. 1130.6 and 1130.7 as shown in figures 1 and 2 of this part;
(b) State all information required by this part 1130 in the English
language;
(c) Be attached to the surface of each durable infant or toddler
product so that, as a practical matter, the consumer must notice and
handle the form after purchasing the product;
(d) Include the manufacturer's name, model name and number for the
product, and the date of manufacture;
(e) Include an option for consumers to register through the
Internet;
(f) Include the statement required in Sec. 1130.7(a) that
information provided by the consumer shall not be used for any purpose
other than to facilitate a recall of or safety alert regarding that
product.
Sec. 1130.6 Requirements for format of registration forms.
(a) Size of form. The form shall be at least the size of two
standard post cards connected with perforation for later separation, so
that each of the two portions is at least 3\1/2\ inches high by 5
inches wide by 0.007 inches thick.
(b) Layout of form. (1) General. The form shall consist of four
parts: Top and bottom, divided by perforations for easy separation, and
front and back.
(2) Top of form. The top portion of the form is to be retained by
the consumer. The front top portion shall provide the purpose statement
set forth in Sec. 1130.7(a). The back of the top portion shall provide
the manufacturer's contact information as required in Sec. 1130.7(b).
(3) Bottom of form. The bottom portion of the form is to be
returned to the manufacturer. The bottom front panel shall have blocks
for the consumer to provide his/her contact information as required in
Sec. 1130.7(c). Below the consumer contact information shall be
product information as required in Sec. 1130.7(d) which may be printed
on the form or provided on a pre-printed label placed on the form by
the manufacturer. The back of the bottom portion of the form shall be
pre-addressed and postage-paid with the manufacturer's name and mailing
address where registration information is to be collected.
(c) Font size and typeface. The registration form shall use bold
black typeface. The size of the type shall be at least 12-point for the
purpose statement required in Sec. 1130.7(a) and no less than 10-point
for the other information in the registration form. The title of the
purpose statement shall be in all capitals. All other information shall
be in capital and lower case type.
Sec. 1130.7 Requirements for text of registration form.
(a) Purpose statement. The front top portion of each form shall
state: ``PRODUCT REGISTRATION FOR SAFETY ALERT OR RECALL. We will use
the information provided on this card to contact you only if there is a
safety alert or recall for this product. We will not sell, rent, or
share your personal information. To register your product, please
complete and mail this card or visit our online registration at http://www.websitename.com.'' Manufacturers that do not have a Web site may
provide an email address and state at the end of the purpose statement:
``To register your product, please complete and mail this card or email
your contact information, the model name and number and date of
manufacture of the product as provided on this card to:
[email protected]''.
(b) Manufacturer and product information. The back of the top
portion of the form shall state the manufacturer's name and contact
information (a U.S. mailing address, a telephone number, toll free if
available), Web site address, product model name and number (or other
identifier as described in Sec. 1130.4(a)(1) and (2)), and manufacture
date of the product.
(c) Consumer information. The bottom front portion of the form
shall have blocks for the consumer to provide his/her name, address,
telephone number, and email address. These blocks shall be 5 mm wide
and 7 mm high, with as many blocks as possible to fill the width of the
card allowing for normal printing practices.
(d) Product information. The following product information shall be
provided on the back of the bottom portion of the form below the blocks
for customer information printed directly on the form or on a pre-
printed label that is applied to the form: The manufacturer's name, the
model name and number (or other identifier as described in Sec.
1130.4(a)(1) and (2)), and the date of manufacture of the product. A
rectangular box shall be placed around the model name, model number and
manufacture date.
Sec. 1130.8 Requirements for Web site registration or alternative e-
mail registration.
(a) Link to registration page. The manufacturer's Web site, or
other Web site established for the purpose of registration under this
part 1130, shall be designed with a link clearly identified on the main
web page that goes directly to ``Product Registration.''
(b) Purpose statement. The registration page shall have the
following statement at the top of the page: ``PRODUCT REGISTRATION FOR
SAFETY ALERT OR RECALL ONLY. We will use the information provided on
this page only to contact you if there is a safety alert or recall for
this product. We will not sell, rent, or share your personal
information. If you register on this Web site you do not need to fill
out the card that came with your product.''
(c) Content of registration page. The Web site registration page
shall request only the consumer's name, address, telephone number, e-
mail address, product model name and number, and the date of
manufacture. The consumer's telephone number and e-mail address shall
not be required for the consumer to submit the registration form. No
other information shall appear on the electronic registration form,
except for identification of the manufacturer or a link to the
manufacturer's home page, a field to confirm submission, and a prompt
to indicate any incomplete or invalid fields before submission.
Accessing the electronic registration form shall not cause additional
screens or electronic banners to appear.
(d) Alternative for manufacturers without a Web site. A
manufacturer that lacks a Web site shall provide for consumers to
register their product through e-mail. Such e-mail addresses shall be
set up to provide an automatic reply to confirm receipt of the
consumer's registration information.
Sec. 1130.9 Recordkeeping and notification requirements.
(a) Each manufacturer of a durable infant or toddler product shall
maintain a record of registrants for each product
[[Page 68678]]
manufactured that includes all of the information provided by each
consumer registered.
(b) Each manufacturer of a durable infant or toddler product shall
use the information provided by the registrant to notify the registrant
in the event of a voluntary or involuntary recall of, or safety alert
regarding, such product.
(c) Each manufacturer of a durable infant or toddler product shall
maintain a record of the information provided by the registrant for a
period of not less than 6 years after the date of manufacture of the
product.
BILLING CODE 6355-01-P
[GRAPHIC] [TIFF OMITTED] TR29DE09.000
[[Page 68679]]
[GRAPHIC] [TIFF OMITTED] TR29DE09.001
Dated: December 17, 2009.
Todd Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. E9-30485 Filed 12-28-09; 8:45 am]
BILLING CODE 6355-01-C