9522 Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Rules and Regulations 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1130 

Requirements for Consumer 

Registration of Durable Infant or 

Toddler Products 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Final rule. 

SUMMARY: In accordance with 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 amending that rule to 

clarify and correct some of its 

requirements. 

DATES: The rule is effective February 18, 

2013. 

FOR FURTHER INFORMATION CONTACT: 

Keysha Watson, Office of Compliance 

and Field Operations, U.S. Consumer 

Product Safety Commission, 4330 EastWest Highway, Bethesda, MD 20814; 

telephone (301) 504–6820; 

kwatson@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 postagepaid 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. 

On August 8, 2011, we published a 

notice of proposed rulemaking to amend 

the rule in order to clarify or correct 

certain aspects of the rule. 76 FR 48053. 

Through this document, we are 

finalizing the amendment. 

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. Statutory Provisions 

The CPSIA directed us to promulgate 

a final consumer product safety rule 

requiring manufacturers of durable 

infant or toddler products to establish 

and maintain consumer registration 

programs for such products. Section 

104(d) of the CPSIA specified numerous 

requirements for the manufacturer’s 

registration programs and for the 

Commission’s rule. The rule we 

published on December 29, 2009 (74 FR 

68668) carried out that statutory 

direction. 

C. Response to Comments on the 

Proposed Rule 

We received three comments on the 

proposed amendment that we had 

published on August 8, 2011. 76 FR 

48053. These three comments raised 

four issues. One comment was from a 

consumer who generally supported the 

proposed amendment; the remaining 

two comments addressed particular 

aspects of the proposed amendment. We 

describe and respond to the comments 

in section C of this document and 

describe the final rule in section D. To 

make it easier to identify the comments 

and our responses, the word 

‘‘Comment,’’ in parentheses, will appear 

before the comment’s description, and 

the word ‘‘Response,’’ in parentheses, 

will appear before our response. We also 

have numbered each comment issue to 

help distinguish between different 

issues. The number assigned to each 

comment issue is purely for 

organizational purposes and does not 

signify the comment’s value or 

importance, or the order in which it was 

received. 

(Comment 1): As noted, one comment 

was from a consumer who generally 

supported the proposed amendment. 

(Response 1): We agree that the 

changes will clarify the registration rule 

requirements. 

(Comment 2): Another comment also 

supported the amendment, but 

requested that ‘‘if a third party is used 

for collecting the registration cards, then 

the manufacturer should be allowed to 

put the third party vendor or a ‘brand 

name’ in lieu of a manufacturer’s 

name.’’ The commenter explained that 

‘‘[S]ometimes the manufacturer or 

importer’s name may have little 

meaning to consumers who may be 

more inclined to fill out a registration 

card with a reputable processor they 

believe will be more likely to adhere to 

confidential treatment of submitted 

information or by identification of a 

product description with ‘‘Brand Name’’ 

that they more readily recognize than an 

unknown legal entity that is the 

manufacturer of the product.’’ 

(Response 2): We proposed to amend 

the rule to state that if a manufacturer 

uses a third party to process the 

registration cards, the third party’s name 

could be included as ‘‘in care of’’ 

(‘‘c/o’’) as part of the address on the 

form. The third party processor’s name 

would be in addition to the 

manufacturer’s name. Allowing a brand 

name to replace the manufacturer’s 

name entirely, we believe, could 

confuse consumers and make it more 

difficult for consumers to report a 

problem with the product. Moreover, 

section 104(d)(2)(D) of the CPSIA 

requires that the manufacturer’s name 

be on the registration form. However, 

we do agree that a consumer may be 

more likely to submit a registration card 

with a brand name that he or she is 

familiar with. For these reasons, we 

accept this suggestion in part. A 

manufacturer may list the brand name 

in addition to the manufacturer’s name 

on the bottom front and the top back of 

the form, with the brand owner’s 

permission. 

(Comment 3): A third comment 

suggested that we allow Quick Response 

(‘‘QR’’) codes on registration cards. The 

comment explained that QR codes ‘‘are 

a type of matrix barcode that allow[s] 

storage of information, including links 

that direct consumers to a Web site 

when read with a readily available QR 

reader on a smart phone or other 

device.’’ 

(Response 3): We agree that QR codes 

and other barcode technologies that 

allow consumers to use a smart phone 

or other device to reach a registration 

page may facilitate product registration; 

therefore, we have added paragraph (e) 

(Optional Barcode) to section 1130.6. 

Manufacturers who use these 

technologies must comply with all the 

requirements of this part 1130, 

including those in section 1130.7 and 

the restriction that the manufacturer 

shall not use or disseminate the 

consumer registration information for 

any purpose other than notifying the 

consumer of a safety alert or recall. 

(Comment 4): One comment agreed 

with the proposed 12-month effective 

date, stating that it ‘‘is a reasonable time 

frame for all manufacturers to deplete 

their current inventory of registration 

cards.’’ 

(Response 4): We agree with the 

comment and are finalizing the 

proposed effective date. 

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Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Rules and Regulations 9523 

D. The Clarifications and Corrections in 

the Final Rule 

1. Simplifying the Provisions for the 

Format and Text of Registration Forms 

(§ 1130.6) 

As originally published, § 1130.6 

specifies requirements for the format of 

registration forms, and § 1130.7 

specifies the requirements for the text of 

registration forms. In the preamble to 

the proposal, we stated that we believe 

explaining the requirements in this way 

may be confusing. 76 FR 48053–54. 

Therefore, we proposed eliminating this 

framework and collapsing the 

requirements from §§ 1130.6 and 1130.7 

into one section and clarifying them. Id. 

We proposed describing the registration 

form more clearly, moving logically 

from the front top of the form to the 

front bottom of the form, to the back top 

of the form, and ending with the back 

bottom of the form. We proposed the 

following corresponding changes: 

combining the existing §§ 1130.6 and 

1130.7 into a revised § 1130.6; 

renumbering existing §§ 1130.8 and 

1130.9 as §§ 1130.7 and 1130.8, 

respectively; and changing references to 

§§ 1130.6 through 1130.9 (such as 

§ 1130.3(a)(2), which refers to § 1130.9) 

to reflect the renumbered sections. Id. 

We did not receive any negative 

comments on proposed § 1130.6 and the 

proposed corresponding references, and 

so we are finalizing them without 

change. 

2. Clarifying the Required Font Size 

(§ 1130.6(b)(2)) 

As originally published, § 1130.6(c) 

requires that registration forms use 

12-point and 10-point type. 

Manufacturers and testing labs 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. 

We proposed specifying the physical 

measurement of the type, rather than 

referring to ‘‘point.’’ For example, 

instead of requiring ‘‘12-point’’ type, we 

proposed stating in § 1130.6(b)(2) that 

‘‘0.12-inch (3.0 mm) type’’ is required. 

We did not receive any negative 

comments on proposed § 1130.6(b)(2) 

and are finalizing it without change. 

3. Changes To Clarify That Consumers 

Should Return the Bottom Part of the 

Form Only (§ 1130.6(c)(1) and (d)(1)) 

Section 1130.6(a) of 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. 

As originally published, § 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. 

We proposed amending 

§ 1130.6(d)(1)(i) to 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, we proposed that 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 places the manufacturer’s 

contact information on top and 

decreases the likelihood that a 

consumer would return the top part of 

the form. 

In addition, we proposed adding a 

new provision in § 1130.6(d)(1)(ii), 

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, we proposed revising the 

wording in the purpose statement to 

clarify that consumers should mail the 

bottom part of the form. As originally 

published, § 1130.7(a) and Figure 1 

stated: ‘‘please complete and mail this 

card.’’ We proposed that § 1130.6(c)(1) 

and Figure 1 state: ‘‘please complete and 

mail the bottom part of this card.’’ 

As discussed in section C of this 

preamble, we received a comment 

asking us to allow the brand name in 

lieu of the manufacturer’s name on 

registration cards. We are accepting this 

suggestion in part and have revised 

§ 1130.6(d)(1)(i) to allow the 

manufacturer to list the brand name in 

addition to the manufacturer’s name. 

4. Omitting Manufacturer’s Name on the 

Back Bottom of the Form (§ 1130.6(d)(2)) 

As originally published, (and then 

corrected in February 2010), § 1130.7(d) 

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 

pointed out that there is limited space 

on this part of the form, and they 

suggested that omitting the 

manufacturer’s name would allow more 

space for the consumer’s information. 

We proposed (in § 1130.6(d)(2)) 

omitting the requirement that the 

manufacturer’s name be stated along 

with the product information at the back 

bottom portion of the form. We stated in 

the preamble to the proposed rule that 

we will allow a manufacturer to include 

its name on the back portion of the card 

if it wants to do so. 

We received no negative comments on 

proposed § 1130.6(d)(2) and are 

finalizing it without change. 

5. Identifying a Third Party That Is 

Processing the Forms (§ 1130.6(c)(2)) 

As originally published, § 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 asked whether the third 

party’s name could appear in the 

mailing information on the form in 

these circumstances. 

We proposed stating in § 1130.6(c)(2) 

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. As discussed in 

section C of this preamble, we received 

a comment asking us to allow a ‘‘brand 

name’’ in lieu of the manufacturer’s 

name. In response to the comment, we 

have revised § 1130.6(c)(2) to allow the 

manufacturer to add a brand name on 

the bottom front of the registration form. 

6. Clarifying the Location Where 

Registration Information Is To Be 

Maintained (§ 1130.8(d)) 

Several manufacturers asked whether 

the consumer registration information 

they receive must be maintained at a 

location in the United States. As 

originally published, the rule does not 

specifically address this issue. 

In the preamble to the proposed rule, 

we stated that because so much data and 

information are kept electronically and 

can be retrieved quickly, we do not 

believe that it is necessary to require 

that registration information be 

maintained in the United States. 76 FR 

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9524 Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Rules and Regulations 

48054. However, manufacturers must be 

able to access the information when 

requested. Therefore, we proposed 

stating in § 1130.8(d) that registration 

records shall be made available within 

24 hours of a request by the CPSC. 

We received no negative comments on 

this provision and are finalizing it 

without change. 

7. Correcting Text Requirement for 

Purpose Statement To Match Figure 1 

(§ 1130.6(c)(1)) 

As originally published, § 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 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.Web sitename.com.’ ’’ In the 

preamble to the proposed rule, 76 FR 

48054, we noted that there are two 

discrepancies between the wording of 

the text and the illustration in Figure 1. 

To make the text and Figure 1 

consistent, we proposed making two 

changes to the text in § 1130.6(c)(1): 

Adding the word ‘‘ONLY’’ at the end of 

the first sentence, and deleting 

‘‘http//from the Web site name. 

We received no comment on this 

provision and are finalizing it without 

change. 

8. Barcodes (§ 1130.6(e)) 

As discussed in section C of this 

preamble, we received a comment 

asking us to allow QR codes on 

registration forms. We are adding a new 

paragraph (e) to § 1130.6 to give 

manufacturers the option of including a 

barcode, or other machine readable data, 

that would provide a link for the 

consumer to register the product. If 

manufacturers use this technology they 

must comply with all the requirements 

of the rule. 

E. Effective Date 

We stated in the preamble to the 

proposed rule, 76 FR 48055, that we 

recognize that manufacturers may have 

an existing inventory of registration 

forms and that the changes to the forms 

are minor and would not affect safety. 

We proposed that the amendment 

would take effect 12 months after 

publication of a final rule. We also 

stated that until the amendment takes 

effect, we would consider registration 

forms to be in compliance that meet 

either the existing rule or the 

amendment. Id. We received one 

comment in favor of the proposed 

effective date. Therefore, the final rule 

provides a 12-month effective date. 

F. 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, as 

we noted in the preamble to the 

proposed rule, id., 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 changes are minor 

and will not alter the impact that the 

registration rule has on small entities. 

G. 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 amendment clarifying 

and correcting the consumer registration 

rule. Moreover, the changes are minor 

and will not alter any collection of 

information required under the 

registration rule. 

H. Environmental Considerations 

Our regulations provide a categorical 

exemption for our 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 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 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). 

§ 1130.3 [Amended] 

■ 2. In § 1130.3(a)(2), remove ‘‘§ 1130.9’’ 

and add in its place ‘‘§ 1130.8’’. 

§ 1130.5 [Amended] 

■ 3. Section 1130.5 is amended as 

follows: 

■ a. In paragraph (a), remove ‘‘and 

1130.7’’; and 

■ b. In paragraph (f), remove 

‘‘1130.7(a)’’ and add, in its place 

‘‘1130.6(c)(1)’’. 

■ 4. Revise § 1130.6 to read as follows: 

§ 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 31⁄2 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 paragraph (c)(1) of 

this section, 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 paragraph (d)(2) of 

this section 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: www.Web 

sitename.com.’’ Manufacturers that do 

not have a Web site may provide an 

email 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 email 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. A 

manufacturer may list a brand name in 

addition to the manufacturer’s name. If 

a manufacturer uses a third party to 

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Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Rules and Regulations 9525 

process registration forms, the third 

party’s name may be included as a 

‘‘c/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, Web site 

address, a telephone number, toll-free, if 

available); product model name and 

number (or other identifier as described 

in § 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. A manufacturer may 

list the brand name in addition to the 

manufacturer’s name. 

(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 email 

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 

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 § 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. 

§ 1130.7 [Removed] 

■ 5. Remove § 1130.7. 

§§ 1130.8 and 1130.9 [Redesignated as 

§§ 1130.7 and 1130.8] 

■ 6. Redesignate §§ 1130.8 and 1130.9 

as §§ 1130.7 and 1130.8, respectively. 

■ 7. In newly redesignated § 1130.8, add 

paragraphs (d) and (e) to read as follows: 

§ 1130.8 Requirements for Web site 

registration or alternative email registration. 

* * * * * 

(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 U.S. Consumer Product 

Safety Commission. 

(e) Optional barcode. (1) A 

manufacturer may include a barcode, or 

other machine readable data, that when 

scanned would provide a direct link for 

the consumer to register the product. 

(2) Such a link must comply with all 

the requirements of this part 1130, 

including those in § 1130.7 and the 

restriction that the manufacturer shall 

not use or disseminate the consumer 

registration information for any purpose 

other than notifying the consumer of a 

safety alert or recall. 

■ 8. Revise Figure 1 to Part 1130—Front 

of Registration Form to read as follows: 

BILLING CODE 6355–01–P 

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9526 Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Rules and Regulations 

■ 9. Revise Figure 2 to Part 1130—Back 

of Registration Form to read as follows: 


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Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Rules and Regulations 9527 

Dated: February 13, 2012. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2012–3712 Filed 2–16–12; 8:45 am] 

BILLING CODE 6355–01–C 


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