[Federal Register Volume 76, Number 152 (Monday, August 8, 2011)]
[Proposed Rules]
[Pages 48053-48058]
From the Federal Register Online via the Government Printing 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; ckiss@cpsc.gov.
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: name@firmname.com.''
(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