[Federal Register Volume 76, Number 152 (Monday, August 8, 2011)]
[Proposed Rules]
[Pages 48053-48058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19912]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1130

[CPSC Docket No. CPSC-2011-0053]


Consumer Registration of Durable Infant or Toddler Products

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In accordance with section 104(d) of the Consumer Product 
Safety Improvement Act of 2008 (``CPSIA'') the Consumer Product Safety 
Commission (``Commission,'' ``CPSC,'' or ``we'') issued a final 
consumer product safety rule requiring manufacturers of durable infant 
or toddler products to establish a consumer registration program. The 
Commission is proposing an amendment to clarify and correct some of the 
requirements of the rule.

DATES: Written comments must be received by October 24, 2011.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2011-
0053, by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    To ensure timely processing of comments, the Commission is no 
longer accepting comments submitted by electronic mail (e-mail), except 
through http://www.regulations.gov.

Written Submissions

    Submit written submissions in the following way:
    Mail/Hand delivery/Courier (for paper, disk, or CD-ROM 
submissions), preferably in five copies, to: Office of the Secretary, 
Consumer Product Safety Commission, Room 820, 4330 East West Highway, 
Bethesda, MD 20814; telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received may be 
posted without change, including any personal identifiers, contact 
information, or other personal information provided to http://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
electronically. Such information should be submitted in writing.
    Docket: For access to the docket to read background documents or 
comments received go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Celestine T. Kiss, Project Manager, 
Division of Human Factors, Directorate for Engineering Sciences, 
Consumer Product Safety Commission, 4330 East West Highway, Bethesda, 
MD 20814; telephone (301) 504-7739; [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    On December 29, 2009, we published a final rule requiring 
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's name and contact 
information, model name and number, and the date of manufacture on each 
such product. 74 FR 68668. The rule specified formatting and text 
requirements for the registration forms. Subsequently, we published a 
correction notice on February 22, 2010. 75 FR 7550. Since December 29, 
2010, registration forms have been required for all durable infant or 
toddler products covered by the rule.
    Some manufacturers and testing laboratories have brought to our 
attention the need to clarify or correct certain aspects of the rule. 
We are proposing this amendment for that purpose.
    We note that, although manufacturers of durable infant or toddler 
products must comply with the registration requirements, they are not 
required to have a third party testing laboratory ``test'' their 
product's compliance with the registration requirements.

B. Proposed Clarifications and Corrections

1. Simplifying the Provisions for the Format and Text of Registration 
Forms (Proposed Sec.  1130.6)

    The rule specifies requirements for the format of registration 
forms in Sec.  1130.6 and requirements for the text of registration 
forms in Sec.  1130.7. Given the geometry of the registration forms, 
which have four surfaces (front, back, top, and bottom), we believe 
that it is confusing to explain the requirements in this way. 
Therefore, the proposed amendment would eliminate this framework, 
essentially collapsing the requirements from Sec. Sec.  1130.6 and 
1130.7 into one section and clarifying them. Proposed Sec.  1130.6 
would describe the registration form more clearly, moving logically 
from the front top of the form

[[Page 48054]]

to the front bottom of the form, to the back top of the form, and 
ending with the back bottom of the form. We believe that structuring 
the requirements this way will also align the text more closely with 
the illustration of the registration form in Figures 1 and 2. We are 
not eliminating any of the requirements for the registration forms but 
proposing to organize the requirements more clearly.
    Restructuring the rule would require several corresponding changes. 
For example, the proposed rule would, in essence, combine the existing 
Sec. Sec.  1130.6 and 1130.7 into a revised Sec.  1130.6. The proposal 
would then renumber existing Sec. Sec.  1130.8 and 1130.9 as Sec. Sec.  
1130.7 and 1130.8 respectively. Thus, any other sections in part 1130 
that refer to Sec. Sec.  1130.6 through 1130.9 (such as Sec.  
1130.3(a)(2), which refers to Sec.  1130.9) would, themselves, need to 
be amended to reflect the renumbered sections.

2. Clarifying the Required Font Size (Proposed Sec.  1130.6(b)(2))

    Currently, Sec.  1130.6(c) requires that registration forms use 12-
point and 10-point type. Manufacturers and testing labs have reported 
confusion concerning the physical size required for the type. The 
dictionary defines a ``point'' as 1/72 of an inch. However, according 
to font charts, font sizes used in printing do not follow this formula 
and are actually smaller than this measurement.
    To settle this confusion, the proposed amendment would specify the 
physical measurement of the type, rather than refer to ``point.'' For 
example, instead of requiring ``12-point'' type, the proposed amendment 
would require ``0.12-inch (3.0 mm) type.'' This change would be made in 
proposed Sec.  1130.6(b)(2).

3. Changes To Clarify That Consumers Should Return the Bottom Part of 
the Form Only (Proposed Sec.  1130.6(c)(1) and (d)(1))

    The rule requires firms to provide a form at least the size of two 
standard postcards connected together by a perforated line so that the 
two portions can be separated. The consumer retains the top portion 
which contains a statement of the purpose of the card and the 
manufacturer's contact information. According to several manufacturers, 
consumers have been confused about what they need to return to the 
manufacturer, and some consumers have been sending in the entire form 
or the top portion of the form only.
    Currently, Sec.  1130.7(b) requires that the back of the top 
portion of the form state the manufacturer's name and contact 
information (a U.S. mailing address, a telephone number, toll-free, if 
available), among other things. The example shown in Figure 1 of the 
rule shows this information to be center justified, which makes this 
look like a mailing address.
    To resolve this confusion, proposed Sec.  1130.6(d)(1)(i) would 
specify that the manufacturer's name and contact information on the top 
portion of the form is to be stated in sentence format and appear 
underneath the heading: ``Manufacturer's Contact Information.'' In 
Figure 2 of the proposed amendment, the order of the manufacturer's 
contact information and the model name, model number, and manufacture 
date would be reversed from the order in the original Figure 2. This 
would place the manufacturer's contact information on top and further 
decrease the likelihood that a consumer would return the top part of 
the form.
    In addition, proposed Sec.  1130.6(d)(1)(ii) would add a new 
provision requiring that just above the perforation line, each form 
must state in capital letters: ``KEEP THIS TOP PART FOR YOUR RECORDS. 
FILL OUT AND RETURN BOTTOM PART.''
    Finally, the proposed amendment would revise the wording in the 
purpose statement to clarify that consumers should mail the bottom part 
of the form. Currently, Sec.  1130.7(a) and Figure 1 state: ``please 
complete and mail this card.'' Proposed Sec.  1130.6(c)(1) and proposed 
Figure 1 would state: ``please complete and mail the bottom part of 
this card.''

4. Omitting Manufacturer's Name on the Back Bottom of the Form 
(Proposed Sec.  1130.6(d)(2))

    Currently, Sec.  1130.7(d), as corrected in February 2010, requires 
that the bottom back portion of the form state the manufacturer's name 
with the product information. However, the illustration in Figure 2 of 
the rule does not show the manufacturer's name in this location. Some 
manufacturers have pointed out that there is limited space on this part 
of the form, and they have suggested that omitting the manufacturer's 
name would allow more space for the consumer's information. Others have 
indicated that the manufacturer's name may be useful on the back of the 
form when they use a third party to process the registration cards. 
Because the front of the bottom portion of the form will always have 
the manufacturer's name even when they use a third party to process the 
card, we believe it is not necessary to include the manufacturer's name 
at this location of the form. However, the Commission will allow a 
manufacturer to include its name on the back portion of the card if it 
wants to do so and further seeks comments on whether some additional 
latitude is necessary to assist firms using a third party vendor to 
process their registration cards.
    Proposed Sec.  1130.6(d)(2) would omit the requirement, currently 
in Sec.  1130.7(d), that the manufacturer's name be stated along with 
the product information at the back bottom portion of the form. It 
would continue to allow a manufacturer to include its name on the card 
should it choose to do so.

5. Identifying a Third Party That Is Processing the Forms (Proposed 
Sec.  1130.6(c)(2))

    Currently, Sec.  1130.6(b)(3) requires that the registration form 
be pre-addressed ``with the manufacturer's name and mailing address 
where registration information is to be collected.'' As discussed in 
the preamble to the final rule (74 FR at 68670), a manufacturer is 
allowed to contract with a third party who would be responsible for 
maintaining the registration information. Some manufacturers have asked 
whether the third party's name could appear in the mailing information 
on the form in these circumstances.
    Proposed Sec.  1130.6(c)(2) would specify that, if a manufacturer 
uses a third party to process the registration forms, the third party's 
name may be included as a ``c/o'' on the form.

6. Clarifying the Location Where Registration Information Is To Be 
Maintained (Proposed Sec.  1130.8(d))

    Several manufacturers have asked whether the consumer registration 
information they receive must be maintained at a location in the United 
States. The rule does not specifically address this issue.
    Because so much data and information is kept electronically and can 
be retrieved quickly, we do not believe it is necessary to require that 
registration information be maintained in the United States. However, 
manufacturers must be able to access the information when requested. 
Therefore, proposed Sec.  1130.8(d) would state that registration 
records shall be made available within 24 hours of a request by CPSC.

7. Correcting Text Requirement for Purpose Statement To Match Figure 1 
(Proposed Sec.  1130.6(c)(1))

    Currently, Sec.  1130.7(a) provides, in part, that: ``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

[[Page 48055]]

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.''' There are two 
discrepancies between the wording of the text and the illustration in 
Figure 1.
    To make the text and Figure 1 consistent, proposed Sec.  
1130.6(c)(1) would make two changes to the text. The word ``ONLY'' 
would be added at the end of the first sentence, and ``http//'' would 
be deleted from the Web site name.

C. Effective Date

    This proposed amendment would clarify and correct several 
provisions of the consumer registration rule. It would not alter the 
substantive requirements of the existing rule. We recognize that 
manufacturers may have an existing inventory of registration forms. 
Because the proposed changes to the forms are minor and would not 
affect safety, we believe that it is appropriate to allow sufficient 
time for manufacturers to use their existing stock of registration 
forms before they must meet the amended requirements. Thus, we propose 
that this amendment would take effect 12 months after publication of a 
final rule. Until the proposed amendment takes effect, we would 
consider registration forms that meet either the existing rule or the 
proposed amendment to be in compliance.

D. 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 the rule implementing the 
CPSIA's consumer registration provision. Consequently, no regulatory 
flexibility analysis or certification is necessary for this proposed 
amendment clarifying and correcting the consumer registration rule. 
Moreover, the proposed changes are minor and would not alter the impact 
that the registration rule has on small entities.

E. Paperwork Reduction Act

    Section 104(d)(1) of the CPSIA also excludes the consumer 
registration rule from requirements of the Paperwork Reduction Act, 44 
U.S.C. sections 3501 through 3520. Consequently, no Paperwork Reduction 
Act analysis is necessary for this proposed amendment clarifying and 
correcting the consumer registration rule. Moreover, the proposed 
changes are minor and would not alter any collection of information 
required under the registration rule.

F. 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 proposed amendment falls within the categorical 
exemption.

List of Subjects in 16 CFR 1130

    Administrative practice and procedure, Business and industry, 
Consumer protection, Reporting and recordkeeping requirements.

    Accordingly, we propose to amend 16 CFR part 1130 as follows:

PART 1130--REQUIREMENTS FOR CONSUMER REGISTRATION OF DURABLE INFANT 
OR TODDLER PRODUCTS

    1. The authority citation for part 1130 continues to read as 
follows:

    Authority: 15 U.S.C. 2056a, 2065(b).


Sec.  1130.3  [Amended]

    2. In Sec.  1130.3(a)(2), remove ``Sec.  1130.9'' and add in its 
place ``Sec.  1130.8''.
    3. Section 1130.5 is amended as follows:
    a. In Sec.  1130.5 (a), remove ``and 1130.7''.
    b. In Sec.  1130.5 (f), remove ``1130.7(a)'' and add, in its place 
``1130.6(c)(1)''.
    4. Revise Sec.  1130.6 to read as follows:


Sec.  1130.6  Requirements for format and text 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 x 5 inches 
wide x 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) Font size and typeface. The registration form shall use bold 
black typeface. The size of the type shall be at least 0.12 in (3.0 mm) 
for the purpose statement required in Sec.  1130.6(c)(1), and no less 
than 0.10 in (2.5 mm) for the other information in the registration 
form. The title of the purpose statement and the retention statement 
required in Sec.  1130.6(d)(2) shall be in all capitals. All other 
information shall be in capital and lowercase type.
    (c) Front of form--(1) Top front of form: Purpose statement. The 
top portion of the front of each form shall state: ``PRODUCT 
REGISTRATION FOR SAFETY ALERT OR RECALL ONLY. 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 the bottom part of this card, or visit our online 
registration at: http://www.websitename.com.'' Manufacturers that do 
not have a Web site may provide an e-mail address and state at the end 
of the purpose statement: ``To register your product, please complete 
and mail the bottom part of this card, or e-mail your contact 
information, the model name and number, and date of manufacture of the 
product, as provided on this card, to: [email protected].''
    (2) Bottom front of form: Manufacturer's mailing address. The 
bottom portion of the front of each form shall be pre-addressed and 
postage-paid with the manufacturer's name and mailing address where 
registration information is to be collected. If a manufacturer uses a 
third party to process registration forms, the third party's name may 
be included as a ``c[sol]o'' (``in care of'') in the address on the 
form.
    (d) Back of the form--(1) Top back of form--
    (i) Product information and manufacturer's identification. The top 
portion of the back of each form shall state: ``Manufacturer's Contact 
Information'' and provide the manufacturer's name and contact 
information (a U.S. mailing address displayed in sentence format, 
website address, a telephone number, toll-free, if available), product 
model name and number (or other identifier as described in Sec.  
1130.4(a)(1) and (2)), and manufacture date of the product. A 
rectangular box shall be placed around the model name, model number, 
and manufacture date.
    (ii) Retention statement. On the back of each form, just above the 
perforation line, the form shall state: ``KEEP THIS TOP PART FOR YOUR 
RECORDS. FILL OUT AND RETURN BOTTOM PART.''
    (2) Bottom back of form.
    (i) Consumer information. The bottom portion of the back of each 
form shall have blocks for the consumer to provide his/her name, 
address, telephone number, and e-mail 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.
    (ii) Product information. The following product information shall 
be provided on the bottom portion of the back of each form below the 
blocks for

[[Page 48056]]

consumer information printed directly on the form or on a pre-printed 
label that is applied to the form: 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. A manufacturer may 
include its name on the bottom portion of the back of the form if they 
choose to do so.
    5. Remove Sec.  1130.7.
    6. Redesignate Sec. Sec.  1130.8 and 1130.9 as Sec. Sec.  1130.7 
and 1130.8, respectively.
    7. In newly redesignated Sec.  1130.8, add new paragraph (d) to 
read as follows:


Sec.  1130.8  Recordkeeping and notification requirements.

* * * * *
    (d) Records required under this section shall be made available 
within 24 hours, upon the request of any officer, employee, or agent 
acting on behalf of the Consumer Product Safety Commission.
    7. Revise Figure 1 to part 1130 to read as follows:
FIGURE 1 TO PART 1130--FRONT OF REGISTRATION FORM
BILLING CODE 6355-01-P
[GRAPHIC] [TIFF OMITTED] TP08AU11.173


[[Page 48057]]


FIGURE 1 TO PART 1130--FRONT OF REGISTRATION FORM
    8. Revise Figure 2 as follows:
    [GRAPHIC] [TIFF OMITTED] TP08AU11.174
    

[[Page 48058]]


FIGURE 2 TO PART 1130--BACK OF REGISTRATION FORM

    Dated: August 2, 2011.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2011-19912 Filed 8-5-11; 8:45 am]
BILLING CODE 6355-01-C