[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Proposed Rules]
[Pages 50542-50545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21865]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1130

[Docket No. CPSC-2018-0018]


Amendment to Requirements for Consumer Registration of Durable 
Infant or Toddler Products

AGENCY: Consumer Product Safety Commission.

ACTION: Proposed rule.

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SUMMARY: In 2009, the Consumer Product Safety Commission (CPSC) 
fulfilled a statutory requirement in the Consumer Product Safety 
Improvement Act of 2008 (CPSIA) to issue a rule requiring manufacturers 
of durable infant or toddler products to establish a consumer 
registration program. The Commission now proposes to amend the 
definition of ``durable infant or toddler product'' in the rule to 
include the full statutory definition; clarify that the scope of each 
listed product category is further defined in the applicable mandatory 
standard; clarify listed product categories using the product name in 
the applicable mandatory standard; and clarify the scope of the infant 
carriers and bassinets and cradles product categories.

DATES: Submit comments by December 24, 2018.

ADDRESSES: Comments, identified by Docket No. CPSC-2018-0018, may be 
submitted electronically or in writing:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: http://www.regulations.gov. Follow the 
instructions for submitting comments. CPSC does not accept comments 
submitted by electronic mail (email), except through 
www.regulations.gov. CPSC encourages you to submit electronic comments 
by using the Federal eRulemaking Portal, as described above.
    Written Submissions: Submit written submissions in the following 
way: Mail/Hand delivery/Courier (for paper, disk, or CD-ROM 
submissions) to: Division of the Secretariat, 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 proposed 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 electronically any confidential 
business information, trade secret information, or other sensitive or 
protected information that you do not want to be available to the 
public. If you wish to provide such information, please submit it in 
writing.
    Docket: For access to the docket to read background documents or 
comments received, go to: http://www.regulations.gov, and insert the 
docket number, CPSC-2018-0018, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Hope EJ Nesteruk, Project Manager, 
Children's Program Manager, Division of Mechanical and Combustion 
Engineering, Consumer Product Safety Commission, 5 Research Place, 
Rockville, MD 20850; telephone: 301-987-2579; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Statutory Authority

    Section 104 of the Consumer Product Safety Improvement Act of 2008 
(CPSIA) is the Danny Keysar Child Product Safety Notification Act. 
Section 104 of the CPSIA requires that for ``durable infant or toddler 
products,'' the U.S. Consumer Product Safety Commission (CPSC) must (1) 
issue a mandatory rule for each product based on the applicable 
voluntary standard, and (2) issue a rule requiring consumer 
registration for such products. 15 U.S.C. 2056a(b) and (d).\1\ In 2009, 
the Commission issued a regulation to implement the second requirement, 
that manufacturers provide a means for consumers to register ``durable 
infant or toddler products,'' so that consumers can receive direct 
notification in the event of a product recall. The rule is codified at 
16 CFR part 1130, Requirements for Consumer Registration of Durable 
Infant or Toddler Products (``part 1130'' or the ``consumer 
registration rule'').
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    \1\ Since 2009, the Commission has issued final rules for 22 
durable infant or toddler products, and issued one proposed rule for 
Inclined Infant Sleep Products that has not yet been finalized. 
Mandatory standards for durable infant or toddler products are 
codified in 16 CFR parts 1215 through 1235, and part 1237. Part 1236 
is reserved for Inclined Infant Sleep Products.
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    The two aspects of section 104, consumer registration and product 
standards, are both based on the definition of ``durable infant or 
toddler product'' set forth in section 104(f) of the CPSIA: ``durable 
products intended for use, or that may be reasonably expected to be 
used, by children under the age of 5 years.'' The statute lists 12 
product categories included within the definition, such as cribs, 
toddler beds, high chairs, strollers, and swings. In a

[[Page 50543]]

2009 rulemaking, the Commission explained that the list of products in 
section 104(f), and codified in the Commission's consumer registration 
rule in 16 CFR 1130.2, is not static. At that time, the Commission 
added six product categories to the 12 listed in the CPSIA. 74 FR 
68668, 68669 (Dec. 29, 2009).
    The Commission proposes to make the following changes to part 1130 
to clarify the products the rule covers:
     State the full statutory definition of ``durable infant or 
toddler product'' in section 104(f)(1);
     Specify that the listed product categories are further 
defined in the applicable mandatory standards;
     List ``sling carriers,'' ``soft infant and toddler 
carriers,'' ``handheld infant carriers,'' and ``frame child carriers'' 
as a subset of infant carriers, to avoid confusion regarding whether 
they are subject to the consumer registration rule and to reflect each 
product category using the name of the applicable mandatory standard;
     Clarify that ``bedside sleepers'' are a subset of 
bassinets, to avoid confusion regarding whether they are subject to the 
consumer registration rule and to reflect the product name used in the 
mandatory standard; and
     Revise the term ``changing tables'' to ``baby changing 
products,'' to reflect the product name used in the mandatory standard.
    This proposed rule is based on a briefing package CPSC staff 
provided to the Commission on September 26, 2018, Notice of Proposed 
Rulemaking: Updates to 16 CFR part 1130, Consumer Registration of 
Durable Infant or Toddler Products (Staff Briefing Package).\2\
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    \2\ Staff Briefing Package available at: https://www.cpsc.gov/s3fs-public/NPR%20-%20Amendment%20to%20Requirements%20for%20Consumer%20Registration%20Durable%20Infant%20or%20Toddler%20Products%20-%20September%2026%202018.pdf?mYkYTfNkAYZ9KDgLEmbA.Mv5s.4P9UqW.
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II. Description of the Proposed Rule

A. Definition

    The Commission proposes to update the definition of ``durable 
infant or toddler product'' in 16 CFR 1130.2(a) to state the full 
statutory definition of ``durable infant or toddler product'' and to 
clarify that the scope of the product categories listed can be found in 
the applicable mandatory standard. Section 104(f) of the CPSIA defines 
the term ``durable infant or toddler product'' as ``a durable product 
intended for use, or that may be reasonably expected to be used, by 
children under the age of 5 years,'' and states that the definition 
``includes'' 12 categories of products:

    (A) full-size cribs and nonfull-size cribs;
    (B) toddler beds;
    (C) high chairs; booster chairs, and hook-on-chairs;
    (D) bath seats;
    (E) gates and other enclosures for confining a child;
    (F) play yards;
    (G) stationary activity centers;
    (H) infant carriers;
    (I) strollers;
    (J) walkers;
    (K) swings; and
    (L) bassinets and cradles.

    When the Commission finalized the consumer registration rule in 
2009, the Commission listed the 12 statutory product categories, as 
well as six additional product categories the Commission determined 
fell within the scope of a ``durable infant or toddler product'': 
Children's folding chairs, changing tables, infant bouncers, infant 
bathtubs, bed rails, and infant slings. 74 FR at 68669-70. However, the 
rule did not repeat the statutory phrase: ``a durable product intended 
for use, or that may be reasonably expected to be used, by children 
under the age of 5 years.'' Thus, currently one must look at both 
section 104(f) of the CPSIA and 16 CFR 1130.2 of the regulation to 
understand the full definition of ``durable infant or toddler 
product.''

B. Product Categories

    Since 2009, as the Commission has issued mandatory rules for the 
durable infant or toddler products, occasionally the name of the 
product category in the defined list does not match the name of the 
product category covered by a mandatory standard, or the scope of the 
products covered within a product category may be unclear. To clarify 
the product categories subject to the consumer registration rule, the 
Commission proposes to list in the rule the name of each product 
category that aligns with the name of the product category used in the 
applicable voluntary or mandatory standard.\3\ Further, to provide 
information on the scope of the products covered by a product category, 
the Commission proposes to state in the rule that the scope of the 
product category is further defined in the applicable mandatory 
standard.
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    \3\ Some products may be listed in part 1130 before the 
Commission issues the corresponding mandatory standard. In those 
cases, the Commission will list the product category as defined in 
the current voluntary standard, which typically provides specificity 
about the scope of the product category.
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1. Infant Carriers
    Section 104(f)(H) of the CPSIA lists ``infant carriers'' as a 
product category included in the term ``durable infant or toddler 
products.'' However, ASTM international has four separate voluntary 
standards for infant carriers, and the Commission has now issued four 
separate mandatory standards, one for each subtype of infant carrier:

 16 CFR 1225, Hand-Held Infant Carriers
 16 CFR 1226, Soft Infant and Toddler Carriers
 16 CFR 1228, Sling Carriers
 16 CFR 1230, Frame Child Carriers

    Although the Commission added ``Infant Slings'' to the list of 
products in 16 CFR 1130.2(a) when finalizing the 2009 consumer 
registration rule, the registration rule does not list the other sub-
categories of infant carriers. To clarify that all four types of infant 
carriers are subject to the consumer registration requirement, the 
Commission proposes to list each type of infant carrier in Sec.  
1130.2(a)(8) as a subset of the infant carrier category, using the name 
in the applicable mandatory standard.
    Accordingly, the Commission proposes to revise Sec.  1130.2(a)(8), 
which currently states ``Infant carriers,'' to state: ``Infant 
carriers, including soft infant and toddler carriers, hand-held infant 
carriers, sling carriers, and frame child carriers.'' The Commission 
also proposes to delete ``infant slings'' as a separate product 
category in Sec.  1130.2(a)(18), and to change the product name from 
``infant slings'' to ``sling carriers'' in the revised Sec.  
1130.2(a)(8), to align with the name of the mandatory rule in part 
1228. Thus, the proposed language retains the statutorily-defined 
category of ``infant carrier'' while clarifying the four types of 
infant carriers subject to part 1130.
2. Bedside Sleepers
    Currently, the product ``bedside sleepers'' \4\ is not listed in 
part 1130. However, when the Commission issued a mandatory rule 
pursuant to section 104(b) of the CPSIA (codified at 16 CFR part 1222) 
for bedside sleepers, the Commission considered bedside sleepers to be 
a subset of ``bassinets and cradles.'' In fact, the bedside sleeper 
voluntary standard, ASTM F2906,

[[Page 50544]]

requires testing to ASTM F2194, Standard Consumer Safety Specification 
for Bassinets and Cradles, as the fundamental safety requirement for 
bedside sleepers. 79 FR 2581, 2583 (Jan. 15, 2014).
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    \4\ A bedside sleeper is a bassinet-type product, intended to 
provide a sleeping environment for an infant up to approximately 5 
months of age, or when a child begins to push up on his or her hands 
and knees, whichever comes first. These products are designed to be 
secured to an adult bed, for the purpose of having a baby sleep in 
close proximity to an adult.
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    Many bedside sleepers on the market are multi-use products that 
also function as play yards or stand-alone bassinets; such multi-use 
products are required to provide a consumer registration for their play 
yard or bassinet mode. However, because bedside sleepers are not 
specifically listed in part 1130, it may be unclear whether a stand-
alone bedside sleeper, i.e., without a secondary use mode, is subject 
to the consumer registration rule. To resolve any confusion, the 
Commission proposes to list ``bedside sleepers'' as a type of bassinet. 
Accordingly, the Commission proposes to revise Sec.  1130.2(a)(12), 
which currently states: ``Bassinets and cradles,'' to state: 
``Bassinets and cradles, including bedside sleepers.''
3. Changing Tables
    Currently, ``changing tables'' is listed as a durable infant or 
toddler product in 16 CFR 1130.2(14). However, the Commission's 
standard for these products is called ``Safety Standard for Baby 
Changing Products,'' codified at 16 CFR part 1235.\5\ CPSC's standard 
covers products that are included in the scope of the voluntary 
standard on which it is based, ASTM F2388-18, Standard Consumer Safety 
Specification for Baby Changing Products for Domestic Use. Accordingly, 
CPSC's standard includes changing tables, changing table accessories, 
contoured changing pads, and add-on changing units. Changing table 
accessories attach to another product to allow it to function as a 
changing table, and are typically included with the purchase of another 
product (e.g., crib or play yard) that currently requires product 
registration. Contoured changing pads and add-on changing units are 
typically sold independently of other products requiring registration. 
The Commission proposes revising Sec.  1130.2(a)(14) to change the term 
``changing tables'' to ``baby changing products'' to be consistent with 
the Commission's mandatory standard.
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    \5\ The final rule for baby changing products was published June 
26, 2018, and will become effective 12 months later.
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III. Effective Date

    The Administrative Procedure Act generally requires that the 
effective date of a rule be at least 30 days after publication of the 
final rule. This proposed rule clarifies existing product categories 
and expands one product category. Accordingly, the Commission proposes 
two effective dates.

A. Thirty-Day Effective Date

    Most of the changes in this proposed rule are clarifications to the 
definition of ``durable infant or toddler product'' to state the full 
statutory definition, and to more clearly identify product categories 
that already are subject to the consumer registration rule (i.e., the 
statutory definition, infant carrier list, and bedside sleepers). 
Because these revisions clarify the text of the rule, and do not impose 
new burden on any manufacturer, the Commission proposes a 30-day 
effective date for the addition of the statutory language in Sec.  
1130.2(a), as well as the clarifications to product categories in 
sections 1130.2(a)(8), (a)(11), and (a)(12).

B. Twelve-Month Effective Date

    A thirty day effective date is likely insufficient for products 
that have not previously been required to establish a consumer 
registration program. In the 2009 registration rulemaking the 
Commission provided a 12-month effective date for the six product 
categories the Commission added and six months for the other aspects of 
the rule. The Commission's decision to allow a 12-month effective date 
for added product categories was based on three comments expressing 
concern that 6 months would be insufficient to establish a consumer 
registration program, and requesting a one year effective date instead.
    Contoured changing pads have not previously been subject to the 
registration requirement. Although some manufacturers and importers of 
contoured changing pads likely distribute other durable infant and 
toddler products and would, therefore, have an established consumer 
registration program, the staff briefing package for the final rule for 
baby changing products identified 25 firms that supply only contoured 
changing pads to the market and no other changing products.\6\ At least 
13 of these firms are not otherwise in the durable infant and toddler 
product market; therefore, they are unlikely to have an existing 
consumer registration program. Accordingly, the Commission proposes a 
12-month effective date for contoured changing pads. The other types of 
``baby changing products,'' (changing tables, changing table 
accessories, and add-on changing units) have all been required to be in 
compliance with part 1130 since December 29, 2010 under the previously 
listed category ``changing tables.'' 74 FR at 68669. Therefore, the 12-
month effective date would only apply to contoured changing pads.
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    \6\ Available at: https://www.cpsc.gov/s3fs-public/Final%20Rule%20-%20Safety%20Standard%20for%20Baby%20Changing%20Products%20-%20June%2013%202018.pdf.
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IV. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, when 
a notice of proposed rulemaking is required, agencies must review the 
proposed rule for the rule's potential economic impact on small 
entities, including small businesses. Section 603 of the RFA generally 
requires that agencies prepare an initial regulatory flexibility 
analysis (IRFA) and make it available to the public for comment when 
the NPR is published, unless the head of the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number small entities. However, pursuant to section 104(d)(1) of the 
CPSIA, the provision that establishes the requirement for a consumer 
registration rule, the RFA does not apply when promulgating a rule 
under this provision. Consequently, the Commission has not prepared an 
IRFA and no certification is necessary. We note that the amendment 
mostly provides clarifications that would not have any economic impact. 
Providing a 12 month effective date for the one product that has not 
been subject to the registration rule, contoured changing pads, should 
reduce the economic impact on manufacturers of those products.

V. Environmental Considerations

    The Commission's regulations address whether the agency is required 
to prepare an environmental assessment or an environmental impact 
statement. Under these regulations, certain categories of CPSC actions 
normally have ``little or no potential for affecting the human 
environment,'' and therefore, they do not require an environmental 
assessment or an environmental impact statement. 16 CFR 1021.5. This 
proposed rule falls within the categorical exclusion to prepare an 
environmental impact statement.

VI. Paperwork Reduction Act

    Section 104(d)(1) of the CPSIA excludes this rulemaking from the 
requirements of the Paperwork Reduction Act, 44 U.S.C. 3501 through 
3520. Consequently, no Paperwork Reduction Act analysis is necessary.

VII. Preemption

    Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that when a 
consumer

[[Page 50545]]

product safety standard is in effect and applies to a product, no state 
or political subdivision of a state may either establish or continue in 
effect a standard or regulation that prescribes requirements for the 
performance, composition, contents, design, finish, construction, 
packaging, or labeling of such product dealing with the same risk of 
injury unless the state requirement is identical to the federal 
standard. The Commission's authority to issue this consumer 
registration rule is section 16(b) of the CPSA, 15 U.S.C. 2065(b). 
Accordingly, this rule is not a consumer product safety standard, and 
the preemption provision of section 26(a) of the CPSA does not apply to 
any final rule issued by the Commission.

List of Subjects in 16 CFR Part 1130

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

    For the reasons discussed in the preamble, the Commission proposes 
to amend part 1130 of title 16 of the Code of Federal Regulations as 
follows:

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

0
1. The authority citation for part 1130 continues to read as follows:

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

0
2. Amend Sec.  1130.1 by revising the last sentence in paragraph (c) to 
read as follows:


Sec.  1130.1  Purpose, scope, and effective date.

* * * * *
    (c) * * * Compliance with this part 1130 shall be required on [DATE 
THAT IS 12 MONTHS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL 
REGISTER] for contoured changing pads (a type of baby changing 
product). 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.
0
3. Amend Sec.  1130.2 by:
0
a. Revising paragraphs (a) introductory text and (a)(8), (11), (12), 
(14), and (17); and
0
c. Removing paragraph (a)(18).
    The revision reads as follows:
    (a) Definition of Durable Infant or Toddler Product means the 
following products intended for use, or that may be reasonably expected 
to be used, by children under the age of 5 years. The listed product 
categories are further defined in the applicable standards that the 
Commission issues under section 104(b) of the Consumer Product Safety 
Improvement Act of 2008, and include products that are combinations of 
the following product categories:
* * * * *
    (8) Infant carrier, including soft infant and toddler carriers, 
hand-held infant carriers, sling carriers, and frame child carriers;
* * * * *
    (11) Swings;
    (12) Bassinets and cradles, including bedside sleepers;
* * * * *
    (14) Baby changing products;
* * * * *
    (17) Bed rails.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2018-21865 Filed 10-5-18; 8:45 am]
 BILLING CODE 6355-01-P