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

 
CONTENT
Federal Register, Volume 84 Issue 185 (Tuesday, September 24, 2019)
[Federal Register Volume 84, Number 185 (Tuesday, September 24, 2019)]
[Rules and Regulations]
[Pages 49947-49950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20049]
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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: Final 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 is now finalizing an amendment to
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:
    Effective Date: The rule will become effective on October 24, 2019.
    Compliance Date for Contoured Changing Pads: Contoured changing
pads, a subcategory of baby changing products in Sec.  1130.2(a)(14),
must comply with this rule starting on September 24, 2020.
FOR FURTHER INFORMATION CONTACT: Keysha L. Walker, Compliance Officer,
Office of Compliance & Field Operations, Regulatory Enforcement
Division, Consumer Product Safety Commission, 4330 East-West Highway,
Bethesda, MD 20814; 301-504-6820, Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Statutory Authority
    Section 104 of the CPSIA is the Danny Keysar Child Product Safety
Notification Act. Section 104 of the CPSIA requires that for ``durable
infant or toddler products,'' the 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, i.e., 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 23
durable infant or toddler products. Mandatory standards for durable
infant or toddler products are codified in 16 CFR parts 1215 through
1235, and parts 1237 and 1238. Currently, part 1236 is reserved for
Inclined Infant Sleep Products, a proposed rule that has not been
finalized.
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[[Page 49948]]
    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 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).
    On October 9, 2018, the Commission issued a notice of proposed
rulemaking (NPR), proposing to make the following changes to part 1130
to clarify the scope of products covered by the rule:
     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
these products 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 bedside sleepers 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.
83 FR 50542. After reviewing the comments, the Commission is finalizing
this rule, without modification.
II. Response to Comments
    CPSC received seven comments on the NPR. Only one comment addressed
a substantive issue, while all of the remaining comments generally
support the concept of the consumer registration rule, and support
amending the definition of ``durable infant or toddler product'' to
clarify the scope of products subject to the rule. The Commission is
not making any changes in the final rule based on the comments
received. Below we summarize and respond to the substantive comment on
the proposed rule.
    Comment--One commenter disagreed with the proposed 1-year effective
date for contoured changing pads, stating that many of the
manufacturers make other durable infant or toddler products and have
registration programs in place. The commenter opines that because of
technological advances, product registration programs should take no
longer than 6 months to implement, even if no program is in place. The
commenter recommended an effective date for contoured changing pads
that is 6 months after publication of the final rule.
    Response--The Commission agrees that many manufacturers of
contoured changing pads make other products subject to the consumer
registration rule, and therefore, these manufacturers are likely to
have an established consumer registration program. However, the final
rule for baby changing products identified 25 firms that supply only
contoured changing pads and no other changing products. At least 13 of
these 25 firms are not otherwise in the durable infant and toddler
product market and are unlikely to have an existing consumer
registration program. The commenter provided no information, and we
have none, to demonstrate that these 13 firms have established a
consumer registration program since issuance of the rule for changing
products. Additionally, the baby changing products rule (16 CFR part
1235) went into effect on June 26, 2018, a year after publication of
the final rule. For these reasons, the rule provides a 12-month
effective date for a consumer registration program for contoured
changing pads, consistent with previous effective periods for new
products subject to the consumer registration requirement in part 1130.
III. Description of the Final Rule
A. Definition
    The final rule updates 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.
B. Product Categories
    The final rule updates the description of product categories
subject to the rule by listing the name of each product category that
aligns with the name of the product category used in the applicable
voluntary or mandatory standard.\2\ Furthermore, to provide information
on the scope of the products covered by a product category, the final
rule states that the scope of each product category is further defined
in the applicable mandatory standard.
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    \2\ 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.'' 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 part 1225, Hand-Held Infant Carriers
 16 CFR part 1226, Soft Infant and Toddler Carriers
 16 CFR part 1228, Sling Carriers
 16 CFR part 1230, Frame Child Carriers.
    Although the Commission added ``Infant Slings'' to the list of
products in 16 CFR Sec.  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
final rule amends Sec.  1130.2(a)(8) to state: ``Infant carriers,
including soft infant and toddler carriers, hand-held infant carriers,
sling carriers, and frame child carriers.'' The final rule removes
``infant slings'' as a separate product category in 16 CFR
1130.2(a)(18), and changes the product name from ``infant slings'' to
``sling carriers,'' to align with the name of the mandatory rule in
part 1228.
2. Bedside Sleepers
    Currently, the product ``bedside sleepers'' \3\ is not listed in
part 1130. However, when the Commission issued a mandatory standard
pursuant to section 104(b) of the CPSIA for bedside sleepers (codified
at 16 CFR part 1222), the Commission considered bedside sleepers to be
a subset of ``bassinets and cradles.'' 79 FR 2581, 2583 (Jan. 15,
[[Page 49949]]
2014). To resolve any confusion about whether bedside sleepers are
subject to part 1130, the final rule revises Sec.  1130.2(a)(12) to
state: ``Bassinets and cradles, including bedside sleepers.''
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    \3\ 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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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.\4\ 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. The final rule
revises Sec.  1130.2(a)(14) to use the term ``baby changing products''
to be consistent with the Commission's mandatory standard.
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    \4\ The final rule for baby changing products was published on
June 26, 2018, and became effective on June 26, 2019.
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III. Effective Date and Compliance 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. The final rule takes effect 30 days after publication, but
has a different compliance date for contoured changing pads, as
follows.
A. Thirty-Day Effective Date
    Most of the changes in the final rule are clarifications to the
definition of ``durable infant or toddler product'' to state the full
statutory definition, and to identify more clearly 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 final rule has a 30-day effective
date for the addition of the statutory language in Sec.  1130.2(a), and
for the clarifications to product categories in sections 1130.2(a)(8),
(a)(11), and (a)(12).
B. Twelve-Month Compliance Date for Contoured Changing Pads
    For the reasons stated in the NPR and section II of this preamble,
the final rule has a 12-month compliance 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 compliance date applies only to
contoured changing pads.
IV. Regulatory Flexibility Act
    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, requires
that agencies review a proposed rule and a final rule for the rule's
potential economic impact on small entities, including small
businesses. Section 604 of the RFA generally requires that agencies
prepare a final regulatory flexibility analysis (FRFA) when
promulgating final rules, unless the head of the agency certifies that
the rule will not have a significant economic impact on a substantial
number of small entities. Pursuant to section 104(d)(1) of the CPSIA,
however, 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
FRFA and no certification is necessary. We note that the amendment
mostly provides clarifications that would not have any economic impact.
Providing a longer (12 month) compliance 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
final 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 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 the Commission's final rule.
VIII. Congressional Review Act
    The Congressional Review Act (CRA; 5 U.S.C. 801-808) states that,
before a rule may take effect, the agency issuing the rule must submit
the rule, and certain related information, to each House of Congress
and the Comptroller General. 5 U.S.C. 801(a)(1). The submission must
indicate whether the rule is a ``major rule.'' The CRA states that the
Office of Information and Regulatory Affairs (OIRA) determines whether
a rule qualifies as a ``major rule.''
    Pursuant to the CRA, OIRA designated this rule as not a ``major
rule,'' as defined in 5 U.S.C. 804(2). Additionally, to comply with the
CRA, the Office of the General Counsel will submit the required
information to each House of Congress and the Comptroller General.
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 amends
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
September 24, 2020 for contoured changing pads (a
[[Page 49950]]
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 revising paragraphs (a) introductory text,
(a)(8), (11), (12), (14), (17), and removing paragraph (a)(18)
Sec.  1130.2  Definitions.
    (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. 2019-20049 Filed 9-23-19; 8:45 am]
BILLING CODE 6355-01-P