[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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'').
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\5\ The final rule for baby changing products was published June
26, 2018, and will become effective 12 months later.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\6\ Available at: https://www.cpsc.gov/s3fs-public/Final%20Rule%20-%20Safety%20Standard%20for%20Baby%20Changing%20Products%20-%20June%2013%202018.pdf.
---------------------------------------------------------------------------
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