Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Proposed Rules 20533 

20-mile arc of I–HPI to the point of 

beginning. 

Area F. That airspace extending upward 

from 5,000 feet MSL to and including 8,000 

feet MSL starting at point lat. 41°16′17′′ N., 

long. 82°16′56′′ W., then southwest to point 

lat. 41°09′35′′ N., long. 82°27′23′′ W., then 

southeast along the 30-mile arc of I–HPI to 

point lat. 41°04′24′′ N., long. 82°22′43′′ W., 

then northeast to point lat. 41°10′52′′ N., 

long. 82°12′37′′ W., then northwest along the 

20-mile arc of I–HPI to the point of 

beginning. 

Area G. That airspace extending upward 

from 6,000 feet MSL to and including 8,000 

feet MSL starting at point lat. 41°06′13′′ N., 

long. 82°05′07′′ W., then southwest to point 

lat. 40°59′08′′ N., long. 82°15′03′′ W., then 

northwest along the 30-mile arc of I–HPI to 

point lat. 41°04′24′′ N., long. 82°22′43′′ W., 

then northeast to point lat. 41°10′52′′ N, long. 

82°12′37′′ W, then southeast along the 

20-mile arc of I–HPI to the point of 

beginning. 

Issued in Washington, DC, on April 13, 

2010. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. 2010–9024 Filed 4–19–10; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1500 

[Docket No. CPSC–2010–0029] 

Interpretation of ‘‘Children’s Product’’ 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Proposed interpretative rule. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘CPSC,’’ ‘‘Commission,’’ or 

‘‘we’’) is issuing a proposed 

interpretative rule that would interpret 

the term ‘‘children’s product’’ as used in 

the Consumer Product Safety 

Improvement Act of 2008 (‘‘CPSIA’’), 

Public Law 110–314. The proposal 

would provide additional guidance on 

the factors that must be considered 

when evaluating what is a children’s 

product. 

DATES: Written comments and 

submissions in response to this notice 

must be received by June 21, 2010. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2010– 

0029, 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 502, 

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 

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: 

Jonathan D. Midgett, Office of Hazard 

Identification, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814; telephone 


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20534 Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Proposed Rules 

1The Commission voted 5–0 to publish this 

proposed interpretative rule, with changes, in the 

Federal Register. Chairman Inez M. Tenenbaum, 

and Commissioners Thomas H. Moore, Nancy Nord, 

Robert Adler, and Anne Northup voted to publish 

the notice with changes. Chairman Tenenbaum 

issued a statement, and the statement can be found 

at http://www.cpsc.gov/PR/ 

tenenbaum03312010.pdf. Commissioner Northup 

also issued a statement, and the statement can be 

found at http://www.cpsc.gov/pr/ 

northup03312010.pdf. 

(301) 504–7692, e-mail 

jmidgett@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 235(a) of the CPSIA amended 

section 3(a)(2) the Consumer Product 

Safety Act (‘‘CPSA’’) by creating a new 

definition of ‘‘children’s product.’’ 15 

U.S.C. 2052(a)(2). ‘‘Children’s product’’ 

is defined as ‘‘a consumer product 

designed or intended primarily for 

children 12 years of age or younger.’’ 

Several CPSIA provisions use the term 

‘‘children’s product.’’ For example, 

section 101(a) of the CPSIA provides 

that, as of August 14, 2009, children’s 

products may not contain more than 300 

parts per million (ppm) of lead. On 

August 14, 2011, the limit shall be 

reduced to 100 ppm, unless the 

Commission determines that it is not 

technologically feasible to move to this 

lower limit for a particular product or 

product category. As another example, 

section 102 of the CPSIA requires third 

party testing of certain children’s 

products, and section 103 of the CPSIA 

requires tracking labels for children’s 

products. 

The statutory definition of ‘‘children’s 

product’’ also specifies certain factors 

that are to be taken into consideration 

when making a determination about 

‘‘whether a consumer product is 

primarily intended for a child 12 years 

of age or younger.’’ These factors are: 

• A statement by a manufacturer 

about the intended use of such product, 

including a label on such product if 

such statement is reasonable; 

• Whether the product is represented 

in its packaging, display, promotion, or 

advertising as appropriate for use by 

children 12 years of age or younger; 

• Whether the product is commonly 

recognized by consumers as being 

intended for use by a child 12 years of 

age or younger; and 

• The Age Determination Guidelines 

issued by the Commission staff in 

September 2002 and any successor to 

such guidelines. 

The proposed interpretative rule 

would create a new § 1500.92, 

‘‘Definition of Children’s Product.’’ 1 The 

proposal would discuss the statutory 

definition and accompanying factors to 

provide guidance on how manufacturers 

can evaluate consumer products to 

determine whether such products are 

children’s products. The additional 

guidance will provide a better 

understanding by manufacturers and the 

public of our approach to evaluating 

children’s products. 

II. Description of the Proposed 

Interpretative Rule 

A. Designed or Intended ‘‘Primarily’’ for 

Children 

Section 3(a)(2) of the CPSA defines a 

‘‘children’s product’’ as ‘‘a consumer 

product designed or intended primarily 

for children 12 years of age or younger.’’ 

We interpret the term ‘‘designed or 

intended primarily’’ to apply to those 

consumer products mainly for children 

12 years old or younger. A 

determination of whether a product is a 

‘‘children’s product’’ will be based on 

consideration of the four specified 

statutory factors as further described in 

the discussion and examples provided 

in this interpretative rule. Because each 

of those four factors incorporates the 

concept of ‘‘use’’ by the child in some 

manner, we further interpret the term 

‘‘for use’’ by children 12 years or 

younger to generally mean that children 

will physically interact with such 

products based on the reasonably 

foreseeable use and misuse of such 

product. 

In contrast, products intended for 

general use, are products that are not 

designed or intended primarily for use 

by children 12 years old or younger. 

General use products are those 

consumer products mainly for 

consumers older than 12 years of age. 

Some products may be designed or 

intended for consumers of all ages, 

including children 12 years old or 

younger, but are intended mainly for 

consumers older than 12 years of age. 

The Commission has given examples of 

what it considers to be general use 

products. For example, most pens, or 

other office supplies, are not considered 

children’s products because they are 

mainly used by the general public. The 

fact that pens or other office supplies 

may also be used by children does not 

convert them into children’s products. 

However, when a general use product, 

such as a pen, is decorated or 

embellished by adding certain features 

that may appeal to children, such as 

childish themes or play value, the 

general use product may be converted or 

transformed into a children’s product 

due to these additional features or 

characteristics. A further evaluation 

would be made regarding whether, in 

fact, a child would be likely to 

physically interact with such a pen, and 

how such interactions would occur, 

including the reasonably foreseeable use 

and misuse of the product by the child. 

If a child is unlikely to interact with the 

pen because the theme would not be of 

interest, or if an older child or adult is 

as likely, or more likely to interact with 

the pen than a child, such a pen would 

not be a product designed or intended 

primarily for children 12 years of age or 

younger, and thus, would not be 

considered a children’s product. 

Where a product such as a backpack 

or certain recreational equipment may 

be just as appealing for a child older 

than 12, or if consumers older than 12 

years of age are as likely or more likely 

to use the product, those products may 

not be considered children’s products. 

Although these products can be used by 

children under the age of 12, the longterm use of these products would 

extend to consumers older than 12 years 

of age. However, other products used by 

12-year-olds (e.g., child-themed 

lunchboxes) have a declining appeal for 

teenagers. Where a product’s appeal 

lessens as a child moves past the age of 

12, it is likely that the product may be 

considered as designed or intended 

primarily for children 12 years of age or 

younger. 

Other products are specifically not 

intended for use by children 12 years of 

age or younger. These products, such as 

cigarette lighters, candles, and 

fireworks, which the Commission has 

traditionally warned adults to keep 

away from children, are not subject to 

the CPSIA’s lead limits, tracking label 

requirement, and third-party testing and 

certification provisions. Similarly, we 

have indicated that products that 

incorporate performance requirements 

for child resistance are not children’s 

products as they are designed 

specifically to ensure that children 

cannot access the contents. This would 

include products such as portable 

gasoline containers and special 

packaging under the Poison Prevention 

Packaging Act. 

In evaluating whether a particular 

product is designed or intended 

primarily for a child, the CPSC staff 

makes an age determination for the 

product which considers all of the facets 

of a product and the following statutory 

factors. 

B. Factors Considered (Proposed 

§ 1500.92(a) Through 1500.92(d)) 

1. Manufacturer’s Statement 

Section 3(a)(2)(A) of the CPSA lists a 

statement by a manufacturer about the 

product’s intended use, ‘‘including a 

label on such product if such statement 


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Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Proposed Rules 20535 

is reasonable,’’ as a factor to be 

considered in determining whether a 

product is primarily intended for a child 

12 years of age or younger. 15 U.S.C. 

2052(a)(2)(A). A manufacturer’s 

statement that the product is not 

intended for children does not preclude 

a product from being regulated as a 

children’s product if the primary appeal 

of the product is to children 12 years of 

age or younger. Similarly, a label 

indicating that a product is for ages 10 

and up does not necessarily make it a 

children’s product if it is a general use 

product. Such a label may recommend 

10 years old as the earliest age for a 

prospective user, not necessarily the age 

for which the product is primarily 

intended. 

A manufacturer’s statement about a 

product’s intended use, including the 

product’s label, should be reasonably 

consistent with the expected use 

patterns for a product. The Commission 

will examine the labeling to determine 

whether a product is appropriately age 

graded consistent with the foreseeable 

uses and abuses of that product. The 

Commission has never considered a 

manufacturer’s label with regard to age 

to be determinative where the stated age 

does not take into account the 

foreseeable use and abuse of a product 

attractive to children. The 

manufacturer’s label, in and of itself, is 

not considered to be determinative. We 

discuss common use patterns in further 

detail under part I.B.3 of this preamble 

below. 

2. Product Presentation 

Another factor, at section 3(a)(2)(B) of 

the CPSA, is whether the product is 

represented in its packaging, display, 

promotion, or advertising as appropriate 

for use by children 12 years of age or 

younger. 15 U.S.C. 2052(a)(2)(B). These 

representations can be express (such as 

product advertising declaring that the 

product is for use by children 12 years 

of age or younger) or implied (such as 

product advertising showing the 

product being used by young children). 

These representations may be found in 

packaging, text, illustrations and/or 

photographs depicting consumers using 

the product, instructions, assembly 

manuals, or advertising media used to 

market the product. The prominence, 

conspicuousness, and or other emphasis 

given to each portrayal of a product’s 

uses or intended users on packaging or 

in advertising media can be weighted 

differently according to which images or 

messages are the strongest and most 

obvious to the consumer at the point of 

purchase. For example, labeling in large, 

high contrast letters on the front of a 

package sends a stronger message than 

block letters in a small box on the 

package’s side panel. 

Besides labeling and illustrations, a 

product’s physical location in a retail 

outlet or visual associations in the pages 

of an online distributor’s Web site could 

imply its suitability for a certain age 

group. The close association of a 

product in a store or on a Web site with 

other products that are clearly intended 

for children 12 years of age or younger 

could affect consumer perceptions of 

the intended age group for that product. 

However, the retail location of a product 

may not be dispositive of a children’s 

product determination. For example, if 

an electronic media device, such as a 

video game console, were sold at toy 

stores, but were also sold in electronics 

stores or department stores and 

marketed to consumers older than 12 

years of age, then that video game 

console likely would be considered a 

general use product rather than a 

children’s product. The Commission 

recognizes that manufacturers need 

some certainty about whether their 

products are children’s products long 

before they reach store shelves, as 

tracking labels must be applied and 

third-party testing must occur much 

earlier in the chain of commerce. The 

Commission generally evaluates 

products based on the entire domestic 

market as opposed to conducting a 

shelf-by-shelf or store-by-store analysis. 

As a result, for instance, inclusion in a 

catalogue focused exclusively on 

furnishings for babies and toddlers does 

not necessarily convert a product that 

may have more general appeal, such as 

a plain light blue, yellow, or ivory rug, 

into a children’s product. 

Manufacturers may also include a 

general use item as one of several items 

packaged together, such as a paper clip 

included in a magnet set primarily 

intended for children ages 7 through 10 

years old. The paper clip may be a 

general use item but when included as 

part of the magnet set, it would need to 

be tested to the applicable children’s 

product safety rules since the product is 

targeted primarily to children 12 years 

of age or younger. 

Sometimes a product commonly 

recognized as primarily intended for 

children is packaged with an adult 

product complicating the determination 

of the intended recipient. Take, for 

example, a stuffed animal packaged 

with a candle as a sentimental gift for 

Valentine’s Day or some other holiday. 

The candle is not a children’s product 

and need not comply with the 

requirements for children’s products. 

The stuffed animal, on the other hand, 

is likely to be considered a children’s 

product even though it has been 

combined in a promotion with a general 

use or adult product. The stuffed animal 

must meet all the applicable children’s 

safety rules for the stuffed animal (i.e., 

small parts and sharp edges under 16 

CFR 1500.49 through 1500.53, the lead 

content or lead paint limits under 

section 101 of the CPSIA and 16 CFR 

part 1303). The manufacturer should 

expect that an adult will use the candle 

but likely might give the stuffed animal 

to a child. In other words, a children’s 

product that is packaged with a general 

use product is likely to remain a 

children’s product. 

3. Commonly Recognized by Consumers 

Another factor, at section 3(a)(2)(C) of 

the CPSA, in determining whether a 

consumer product is designed or 

intended primarily for a child 12 years 

of age or younger is whether the product 

is commonly recognized by consumers 

as being intended for use by a child 12 

years of age or younger. 15 U.S.C. 

2052(a)(2)(C). For example, traditional 

board and table games like chess, 

checkers, backgammon, playing cards, 

or Chinese checkers are commonly 

recognized as equally attractive to 

children and adults because the level of 

difficulty increases or decreases 

depending on the player’s skill. 

Versions of these games, and similar 

games commonly considered by 

consumers to appeal to a general 

audience, are not considered children’s 

products. However, if a manufacturer 

adds marketing portrayals or other 

features to the game or its packaging 

that make it more attractive to or 

suitable for children than a general use 

product would normally be, then the 

game could be considered a children’s 

product. Specifically, where a product 

such as a board game exists in junior 

and regular versions, the junior version 

likely would be considered a children’s 

product and the regular version likely 

would be considered a general use 

product. 

To assess whether a product is 

commonly recognized by consumers as 

being primarily intended for a child, a 

manufacturer should evaluate the 

reasonably foreseeable uses and misuses 

of a product to determine how the 

product will be perceived and used by 

consumers of that product. 

Manufacturers could also refer to sales 

data, market analyses, focus groups, or 

other marketing studies for their 

analyses of consumer perceptions of 

their products as described further 

below. 


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20536 Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Proposed Rules 

(i). Features and Characteristics of 

Children’s Products 

A consumer product will commonly 

be recognized by consumers as being 

intended for use by a child 12 years of 

age or younger based on certain product 

features or characteristics. Certain 

childish features or characteristics of 

children’s products can be defined 

generally, although there may be 

exceptions. Features that distinguish 

children’s products from adult products 

include, but are not limited to, such 

factors as: 

• Small sizes that would not be 

comfortable for the average adult; 

• Exaggerated features (large buttons, 

bright indicators) that simplify the 

product’s use; 

• Safety features that are not found on 

similar products intended for adults; 

• Colors commonly associated with 

childhood (pinks, blues, bright primary 

colors); 

• Decorative motifs commonly 

associated with childhood (such as 

animals, insects, small vehicles, 

alphabets, dolls, clowns, and puppets); 

• Features that do not enhance the 

product’s utility, (such as cartoons), but 

contribute to its attractiveness to 

children 12 years of age or younger; and 

• Play value, i.e., features primarily 

attractive to children 12 years of age or 

younger that promote interactive 

exploration and imagination for fanciful 

purposes (whimsical activities lacking 

utility for accomplishing mundane 

tasks; actions performed for 

entertainment and amusement). 

The more of these types of 

characteristics that a product has, the 

greater the likelihood that the product is 

a children’s product. For example, a pen 

which is decorated or whose advertising 

and marketing features themes that 

correspond to obvious children’s 

interests, e.g., preschool characters, will 

greatly influence the purchase for 

preschool children. 

However, there also are ‘‘novelty’’ 

pens that could appeal to children 12 

years of age or younger as well as older 

children and adults; such novelty pens 

would not be considered to be primarily 

intended for children. For example, a 

simple ball point stick pen bearing an 

elementary school’s name, without any 

other decorations, would likely appeal 

to anyone (i.e. students, teachers, 

parents) connected with the school. A 

pen with a silly head on the top, not 

associated with any particular mass 

media (and not sold in toy stores), may 

have just as much appeal to adults as it 

would to children. Pens with puzzle 

features that allow the user to take them 

apart and reconfigure the design also are 

likely to appeal to children and adults 

alike, and thus, are not likely to be 

considered children’s products because 

they are not primarily intended for 

children. 

(ii). Principal Perceived Uses 

When making a determination about 

the intended age of a product’s users, an 

evaluation of the product’s reasonably 

foreseeable uses and misuses should 

take into account the possible actions 

that a product makes available. In 

essence, this is an analysis of what uses 

a consumer perceives a subject product 

affords, even if what the product does 

is unintended. For example, the 

principal use of a screwdriver is turning 

screws, but it may also be used to stir 

paint. The principal use for a broom is 

floor cleaning, but a broom may also be 

used as an imaginary knight’s lance, a 

horse, a magical flying vehicle, or 

another role-playing prop. However, in 

the age determination analysis, the 

principal uses take precedence over 

other actions that are less likely to be 

performed with a product, so even 

though a product could present some 

uses that appeal to children, like the 

broom being used as an imagined 

magical flying vehicle, that fact does not 

necessarily mean that the broom is a 

children’s product. The individual 

features of a product may be weighted 

in the analysis with more obvious uses 

given a greater weight than less obvious 

uses. 

(iii). Cost Considerations 

A product’s cost may also be 

considered in evaluating whether a 

consumer product is primarily intended 

for use by a child or an adult. The cost 

of a given product may influence the 

determination of the age of intended 

users. Very expensive items are less 

likely to be given to children 12 years 

of age or younger, depending on the 

product. We have not identified a price 

point where any given product achieves 

automatic adult status but, in general 

terms, within a given product category 

(like models or remote controlled 

vehicles), products intended for adults 

cost more than products intended for 

children because children are often less 

careful with their belongings than adults 

and therefore are more likely to be 

entrusted with less expensive models. 

(iv). Children’s Interaction With the 

Product 

In making an age determination, the 

foreseeable use or misuse of the product 

by a child must be evaluated. Most 

products intended for children will 

involve the child having physical 

interaction with the product. There are 

a few products that are intended for use 

in a child’s environment, but such 

products are not for use by a child. 

These products are unlikely to be 

handled by children and children do 

not physically interact with such 

products. Such products may include a 

nursery-themed lamp or clock, or 

nursery decorations that are 

manufactured for placement in an 

infant’s room but are not operated or 

handled by children, because such 

infants lack the motor skills or physical 

capacity to interact with such items. 

These types of products are considered 

to be home furnishings or decorations 

primarily intended for use by adults, 

rather than products intended for use by 

children. 

Home furnishings or fixtures that are 

embellished with features or 

characteristics that incorporate elements 

of play value (a toy train on a lamp) for 

an older child, would be evaluated to 

ascertain the appropriate age group for 

which the product was intended given 

the product’s design, marketing and 

advertising, the child’s physical 

interaction, if any, with the product, 

and consideration of any other factors 

which may be relevant to the age 

grading determination. 

Other products that are intended for 

use by adults with children, such as 

diaper bags, diaper pails, wipe warmers, 

bottle warmers, and baby monitors 

would not be considered children’s 

products because such products are 

primarily designed and intended for use 

by the adult or caregiver. 

4. The Age Determination Guidelines 

(2002) 

The final statutory factor, at section 

3(a)(2)(D) of the CPSA, is the Age 

Determination Guidelines (‘‘Guidelines’’) 

issued by the CPSC staff in 2002. 15 

U.S.C. 2052(a)(2)(D). The Guidelines 

help answer questions regarding 

children’s interactions with consumer 

products. The Guidelines can be 

downloaded in a searchable file format 

on the CPSC Web site at this link: http:// 

www.cpsc.gov/businfo/corrective.html. 

The Guidelines address questions 

such as, ‘‘Does the subject product 

appeal to children?’’ and ‘‘Can a child 

properly use the subject product?’’ The 

Guidelines describe the capabilities and 

skills that children of various age groups 

can be reasonably expected to use in 

interactions with consumer products. 

We consider those actions that children 

of certain ages can successfully perform 

when making determinations about the 

appropriate user groups for products 

even if the specific product or type of 

product is not specifically mentioned by 

the Guidelines. 


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Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Proposed Rules 20537 

i. Appeal of the Product for Different 

Age Groups 

When making an age determination 

for a given product’s intended user 

group, the Guidelines provide 

information about the primary goals of 

play that are seen for different ages 

throughout childhood. For example, 

toddlers consistently want to mouth 

objects because mouthing is a primary 

strategy for exploration of any object at 

that age. Early childhood entails lots of 

exploration and discovery. High levels 

of detail in their toys are not necessary, 

and toddlers like bright colors. 

However, during middle childhood, 

children become very interested in roleplaying, and they desire increasingly 

more realistic props during their 

playtime, and more realistic colors 

become important. After a certain age, 

children do not consider the simplistic, 

brightly colored toys intended for 

toddlers to be intended for them and 

may find them very unappealing or even 

insulting. Nine to 12 year old children 

are interested in developing new motor 

skills and exercising their increasingly 

complex problem solving abilities. They 

consistently want to learn and practice 

new skills to approximate adult 

performances in activities like playing 

sports, working with hand tools and 

simple machines, and solving complex 

puzzles. During this age range, children 

progress from concrete to abstract 

thinking. Their consumer behaviors are 

more heavily influenced than younger 

children by peers and popular mass 

media celebrities and events. The 

factors that make various objects 

appealing to children of different ages 

are discussed at length in the 

Guidelines. 

ii. Capabilities of Various Age Groups 

Whether or not a product appeals to 

a child is just one consideration because 

the child also needs to be able to 

manipulate and operate a product in the 

manner that takes advantage of most, if 

not all, of that product’s features to be 

appropriate for a child that age. The 

physical, social and cognitive 

milestones that contribute to a child’s 

ability to play with various types of 

products are described in detail in the 

Guidelines to help match a product with 

the user group of the proper age. For 

example, a magnifying glass is very 

attractive to a toddler because it is 

novel, visually intriguing, and has an 

easily grasped handle with easily 

mouthed edges, but toddlers are usually 

unable to position a magnifying glass in 

the proper manner to magnify objects to 

their eyes. A toddler’s hand-eye 

coordination and his or her visual 

attention are usually not developed 

enough for a toddler to find the focal 

point needed to see something 

magnified in the glass. Despite this, a 

toddler might want to hold and mouth 

a magnifying glass. This appeal does not 

make the magnifying glass appropriate 

for toddlers. Magnifying glasses are 

suitable for older children and 

individuals older than 12 years of age 

who have the necessary hand-eye 

coordination to use the product for 

magnification without the risk of 

breaking it. Because a magnifying glass 

is generally marketed to the adult 

population, it would not be considered 

a children’s product. 

III. Examples (Proposed § 1500.92(d)(1) 

through (d)(9)) 

To help manufacturers and other 

interested parties understand the 

concepts discussed above (in part II of 

this document) for evaluating what is a 

children’s product under the CPSA, we 

provide the following additional 

examples. 

(A) Furnishings and Fixtures 

General home furnishings and 

fixtures, such as rocking chairs, shelving 

units, televisions, digital music players, 

ceiling fans, humidifiers, air purifiers, 

window curtains, tissue boxes, clothing 

hooks and racks, often are found in 

children’s rooms or schools. The 

Commission will generally consider 

such furnishings and fixtures to be 

intended for adult use even if they 

happen to be used in a children’s room 

or classroom, as they would be 

considered general use products. A 

humidifier may be used in a children’s 

room, but this does not make it for 

children to use; instead, adult caregivers 

use the humidifier to modify the air in 

a child’s room. Similarly, a hook used 

to hang coats is a general use item, even 

if a child’s coat is occasionally hung on 

the hook at home or at school. However, 

if a manufacturer attaches the hook to a 

children’s product, such as a child-sized 

desk, or embellishes the hook with a 

child’s theme (thereby making it clear 

that the hook is intended to be used 

primarily by a child), then that hook 

would be considered a children’s 

product. 

Some home or school furnishings, 

such as infant tubs, bath seats, small 

beanbag chairs with childish 

decorations, bunk beds with children’s 

themes, child-sized desks, and childsized chairs, are primarily intended for 

use by children 12 years of age or 

younger and would need to comply 

with all applicable children’s product 

safety rules. 

Other products may have a childish 

theme incorporated into the product. 

For example, a lamp featuring a fire 

station that has posable figurines of 

firefighters has play value and would 

likely be considered a children’s 

product. If a lamp has no features that 

add play value, or any other features 

that would invite physical interaction 

with the lamp beyond turning the lamp 

on or off, it would likely be considered 

a general use product, since it would be 

indistinguishable from a lamp for 

consumers older than 12 years of age. 

Decorative items, such as holiday 

decorations and household seasonal 

items that are intended only for display, 

with which children are not likely to 

interact, are generally not considered 

children’s products, since they are 

intended to be used by adults. 

(B) Collectibles 

Certain products that were originally 

intended for children may become 

collector’s items and find an adult 

market. However, many collectibles are 

interesting to children, and children 12 

years of age or younger often have 

collections. Adult collectibles are 

intended solely for use by adults as 

display items and are often labeled in 

such a manner that conveys this 

intention. They may be (but are not 

always) distinguishable from 

collectibles intended for children by 

themes that are inappropriate for 

children 12 years of age or younger. 

Adult collectibles also have features that 

preclude use by children during play, 

such as high costs, limited production, 

and display features like hooks or 

pedestals, and are not marketed 

alongside children’s products. For 

example, collectible plush bears have 

highly detailed and fragile accessories, 

display cases, platforms to pose and 

hold the bear, and very high costs. Plush 

bears intended for children are more 

affordable and have more simple 

accessories that children can handle 

without damaging the product or the 

accessory. 

(C) Jewelry 

Jewelry intended for children is sized, 

themed, and marketed to children. 

Many features of adult jewelry may be 

attractive to children 12 years old or 

younger, but potential attractiveness to 

children, alone, does not make a piece 

of jewelry into a product intended for 

children. One or more of the following 

characteristics of jewelry could cause an 

item to be considered primarily a 

children’s product: 

• Size; 


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• Cost—it would be unusual for an 

adult to wear jewelry that is available at 

very low cost; 

• Marketing in conjunction with 

other children’s products, such as a 

child’s dress, children’s book, or toy; 

• Play value; 

• Sale at an entertainment or 

educational event (such as a circus) 

attended primarily by children; 

• Use of childish themes, such as 

animals, vehicles, or toys; 

• Sale at a store containing mostly 

children’s products; and 

• Sale in a vending machine. 

In addition, many aspects of an item’s 

design and marketing are considered 

when determining the age of consumers 

for whom the product is intended and 

will be purchased. These aspects 

include: 

• Marketing, advertising, and 

promotional materials; 

• Packaging graphics and text; 

• Size; 

• Dexterity requirements for wearing; 

• Appearance (coloring, textures, 

materials, design themes, licensing, 

level of realism); and 

• Cost. 

These aspects or characteristics will 

help inform jewelry manufacturers and 

consumers whether a particular piece of 

jewelry is designed or intended 

primarily for children 12 years of age or 

younger, or whether it more frequently 

appeals to consumers older than 12 

years of age. 

(D) DVDs, Video Games, and Computers 

Most computer products and 

electronic media devices, such as CDs, 

DVDs, and DVD players, are considered 

general use products. However, some 

CDs and DVDs may have encoded 

content that is intended for and 

marketed to children, such as children’s 

movies, games or educational software. 

CPSC staff may consider ratings given 

by entertainment industries and 

software rating systems when making an 

age determination. However, we note 

that among the CDs and DVDs that have 

content embedded that is intended for 

children, certain CDs and DVDs that 

contain content for very young children 

would not be handled or otherwise 

touched by children because they do not 

have the motor skills to operate media 

players and because such products, by 

themselves, do not have any appeal to 

children. These types of DVDs or CDs 

would not be considered children’s 

products because they are not used ‘‘by’’ 

children and children do not physically 

interact with such products. However, 

DVDs and CDs and other digital media 

that may be handled by older children 

could be considered children’s products 

if such movies, video games, or music 

were specifically aimed at and marketed 

to children 12 years of age or younger 

and have no appeal to older audiences. 

Video game consoles also are 

considered general use products 

because a significant portion of the 

market for such items consists of 

teenagers and young adults. However, 

handheld video games with software 

intended for children 12 years of age or 

younger would fall within the scope of 

a children’s product if the products are 

produced without software available 

that is appealing to older children and 

adults. Such products would be more 

likely to be perceived as intended for 

children 12 years of age or younger. 

Also, the controllers for certain console 

games or other accessories of electronic 

equipment that are sized for or 

otherwise intended for only children’s 

games could be a children’s product 

because of their size (or other childish 

features), even though the game console 

could be a general use product. 

Likewise, keyboards, computer input 

devices, and other peripherals that are 

sized, decorated, or otherwise marketed 

for children 12 years of age or younger 

would be considered children’s 

products, even though the computer 

itself is a general use item. 

(E) Art Materials 

Materials sized, decorated, and 

marketed to children 12 years of age or 

younger, such as crayons, finger paints 

and modeling dough, would be 

considered children’s products. Crafting 

kits and supplies that are not 

specifically marketed to children 12 

years of age or younger would likely be 

considered products intended for 

general use. The marketing and labeling 

of raw materials (such as modeling clay 

and paint) may often be given high 

priority in an age determination for 

these art materials because the appeal 

and utility of these raw materials has 

such a wide audience. 

(F) Books 

The content of a book can determine 

its intended audience. Children’s books 

have themes, vocabularies, illustrations, 

and covers that match the interests and 

cognitive capabilities of children 12 

years of age or younger. Librarians, 

education professionals, and publishers 

commonly make determinations 

regarding the expected audiences for 

books based on vocabulary, grammar, 

themes, and content. Some children’s 

books have a wide appeal to the general 

public, and, in those instances, further 

analysis may be required to assess who 

the primary intended audience is based 

on consideration of relevant additional 

factors such as product design, 

packaging, marketing and sales data. 

(G) Science Equipment 

Microscopes, telescopes, and other 

scientific equipment that would be used 

by an adult, as well as a child, are 

considered general use products. 

Equipment with a marketing strategy 

that targets schools, such as scientific 

instrument rentals, would not convert 

such products into children’s products 

if such products are intended for general 

use, regardless of how the equipment is 

leased, rented, or sold. This equipment 

is intended by the manufacturer for use 

primarily by adults, although there may 

be incidental use by children through 

such programs. In general, scientific 

equipment that is specifically sized for 

children and/or has childish themes or 

decorations intended to attract children 

is considered a children’s product. Toy 

versions of such items are also 

considered children’s products. 

(H) Sporting Goods and Recreational 

Equipment 

Sporting goods that are primarily 

intended for consumers older than 12 

years of age are considered general use 

items. Regulation-sized sporting 

equipment, such as basketballs, 

baseballs, bats, racquets, and hockey 

pucks, are general use items even 

though some children 12 years of age or 

younger will use them. Sporting goods 

become children’s products when they 

are sized to fit children or are otherwise 

decorated with childish features that are 

intended to attract child consumers. 

Likewise, recreational equipment, 

such as roller blades, skateboards, 

bicycles, camping gear, and fitness 

equipment, are considered general use 

products unless they are sized to fit 

children 12 years of age or younger and/ 

or are decorated with childish features. 

For example, scooters have been made 

for children and for adults. Children’s 

scooters are distinguished by shorter 

handlebar heights and have lower 

maximum weight limits than adult 

scooters. Children’s scooters also may 

have childish decorations with themes 

that appeal to children. 

Wading pools are primarily intended 

for children and can be distinguished 

from general use pools by their depth. 

Children’s pools are shallow and have 

extra play features that promote playful 

interactions beyond the primary use of 

holding water for a bather. 

Aquatic products primarily intended 

for children can be distinguished from 

general use recreational equipment for 

deep water, such as towables and rafting 

equipment, by design, cost and intended 

use. Children’s aquatic products are 


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relatively low cost, small items intended 

for individual use and generally are 

decorated with childish themes and 

colors. Recreational equipment, such as 

towables and rafting equipment, have 

durable materials and high-capacity, 

weight-bearing capabilities. 

(I) Musical Instruments 

Musical instruments suited for an 

adult musician as well as a child are 

general use products. Instruments 

primarily intended for children can be 

distinguished from adult instruments by 

their size and marketing themes. 

Products with a marketing strategy that 

targets schools, such as instrument 

rentals, would not convert such 

products into children’s products if 

such products are intended for general 

use, regardless of how the instruments 

are leased, rented, or sold. These 

instruments are intended by the 

manufacturer for use primarily by 

adults, although there also may be 

incidental use by children through such 

programs. However, products that 

produce music or sounds in a manner 

that simplifies the process so that 

children can pretend to play an 

instrument are considered toys 

primarily intended for children 12 years 

of age or younger. In general, 

instruments that are specifically sized 

for children and/or have childish 

themes or decorations intended to 

attract children are considered 

children’s products. 

IV. Request for Comments and Effective 

Date 

We are providing a sixty (60) day 

opportunity for public comment, 

although we recognize that, as an 

interpretative rule, the proposal is 

exempt from the notice and comment 

provisions of the Administrative 

Procedure Act (15 U.S.C. 553). We 

believe it is important to invite 

comment from interested parties before 

issuing a final interpretative rule. The 

Commission also seeks comments on 

how manufacturers generally determine 

the age of the consumers for whom their 

products are primarily intended. In 

addition, comments are sought on what 

other criteria, if any, should be 

considered in determining whether a 

consumer product is a children’s 

product. Because this is an 

interpretative rule, a delayed effective 

date is not required by the 

Administrative Procedure Act (5 U.S.C. 

553(d)). Therefore, any final rule based 

on this proposal would become effective 

upon publication of a final 

interpretative rule in the Federal 

Register. 

List of Subjects in 16 CFR Part 1500 

Consumer protection, Hazardous 

materials, Hazardous substances, 

Imports, Infants and children, Labeling, 

Law enforcement, and Toys. 

V. Conclusion 

For the reasons stated above, the 

Commission proposes to amend Chapter 

II of Title 16 of the Code of Federal 

Regulations as follows: 

PART 1500—HAZARDOUS 

SUBSTANCES AND ARTICLES: 

ADMINISTRATION AND 

ENFORCEMENT REGULATIONS 

1. The authority citation for part 1500 

continues to read as follows: 

Authority: 15 U.S.C. 1261–1278, 122 Stat. 

3016. 

2. Add a new § 1500.92 to read as 

follows: 

§ 1500.92 Definition of children’s product. 

(a) Definition of ‘‘children’s 

product’’—Under section 3(a)(2) of the 

Consumer Product Safety Act (CPSA), a 

children’s product means a consumer 

product designed or intended primarily 

for children 12 years of age or younger. 

The term ‘‘designed or intended 

primarily’’ applies to those consumer 

products mainly for children 12 years 

old or younger. Whether a product is a 

children’s product is determined by 

considering the four specified statutory 

factors. The examples discussed herein 

may also be illustrative in making such 

determinations. The term ‘‘for use’’ by 

children 12 years or younger generally 

means that children will physically 

interact with such products based on 

the reasonably foreseeable use and 

misuse of such product. 

(b) Definition of ‘‘general use 

product’’— 

(1) A general use product means a 

consumer product that is not designed 

or intended primarily for use by 

children 12 years old or younger. 

General use products are those 

consumer products mainly for 

consumers older than age 12. Some 

products may be designed or intended 

for consumers of all ages, including 

children 12 years old or younger, but are 

intended mainly for consumers older 

than 12 years of age. Examples of 

general use products may include 

products that a child would not be 

likely to interact with, or products that 

consumers older than 12 would be as 

likely, or more likely to interact with. 

Products used by children 12 years of 

age or younger that have a declining 

appeal for teenagers are likely to be 

considered children’s products. 

(2) Other products are specifically not 

intended for use by children 12 years of 

age or younger. These products, such as 

cigarette lighters, candles, and 

fireworks, which the Commission has 

traditionally warned adults to keep 

away from children, are not subject to 

the CPSIA’s lead limits, tracking label 

requirement, and third-party testing and 

certification provisions. Similarly, 

products that incorporate performance 

requirements for child resistance are not 

children’s products as they are designed 

specifically to ensure that children 

cannot access the contents. This would 

include products such as portable 

gasoline containers and special 

packaging under the Poison Prevention 

Packaging Act. 

(c) Factors considered—To determine 

whether a consumer product is 

primarily intended for a child 12 years 

of age or younger, the following factors 

must be considered: 

(1) A statement by a manufacturer 

about the intended use of such product, 

including a label on such product if 

such statement is reasonable. A 

manufacturer’s statement about the 

product’s intended use, including the 

product’s label, should be reasonably 

consistent with the expected use 

patterns for a product. A manufacturer’s 

statement that the product is not 

intended for children does not preclude 

a product from being regulated as a 

children’s product if the primary appeal 

of the product is to children 12 years of 

age or younger. Similarly, a label 

indicating that a product is for ages 10 

and up does not necessarily make it a 

children’s product if it is a general use 

product. The manufacturer’s label, in 

and of itself, is not considered to be 

determinative. 

(2) Whether the product is 

represented in its packaging, display, 

promotion, or advertising as appropriate 

for use by children 12 years of age or 

younger. 

(i) These representations may be 

express or implied. For example, 

advertising expressly declaring that the 

product is intended for children 12 

years of age or younger will support a 

determination that a product is a 

children’s product. Advertising showing 

children 12 years of age or younger 

using the product may support a 

determination that the product is a 

children’s product. These 

representations may be found in 

packaging, text, illustrations and/or 

photographs depicting consumers using 

the product, instructions, assembly 

manuals, or advertising media used to 

market the product. 

(ii) The product’s physical location 

near or visual association with 


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children’s products may be a factor in 

making an age determination, but is not 

determinative. For example, a product 

displayed in a children’s toy section of 

a store may support a determination that 

the product is a children’s product. 

However, where that same product is 

also sold in department stores and 

marketed for general use, further 

evaluation would be necessary. The 

Commission generally evaluates 

products based on the entire domestic 

market as opposed to a shelf-by-shelf or 

store-by-store analysis. 

(iii) The product’s association or 

marketing in conjunction with 

nonchildren’s products may not be 

determinative as to whether the product 

is a children’s product. For example, 

packaging and selling a stuffed animal 

with a candle would not preclude a 

determination that the stuffed animal is 

a children’s product since stuffed 

animals are commonly recognized as 

being primarily intended for children. 

(3) Whether the product is commonly 

recognized by consumers as being 

intended for use by children 12 years of 

age or younger. Consumer perception of 

the product’s use by children, including 

its reasonably foreseeable use and 

misuse, will be evaluated. Sales data, 

market analyses, focus group testing, 

and other marketing studies may help 

support an analysis regarding this 

factor. 

(i) Features and Characteristics— 

additional considerations that may help 

distinguish children’s products from 

nonchildren’s products include: 

(A) Small sizes that would not be 

comfortable for the average adult; 

(B) Exaggerated features (large 

buttons, bright indicators) that simplify 

the product’s use; 

(C) Safety features that are not found 

on similar products intended for adults; 

(D) Colors commonly associated with 

childhood (pinks, blues, bright primary 

colors); 

(E) Decorative motifs commonly 

associated with childhood (such as 

animals, insects, small vehicles, 

alphabets, dolls, clowns, and puppets); 

(F) Features that do not enhance the 

product’s utility, (such as cartoons), but 

contribute to its attractiveness to 

children 12 years of age or younger; and 

(G) Play value, i.e., features primarily 

attractive to children 12 year of age or 

younger that promote interactive 

exploration and imagination for fanciful 

purposes (whimsical activities lacking 

utility for accomplishing mundane 

tasks; actions performed for 

entertainment and amusement). 

(ii) Principal use of the product—just 

because an item could be used as a 

children’s product, such as when a 

child pretends that a broom is a horse, 

does not mean the item should be 

regulated as a children’s product where 

the principal use is for sweeping; 

(iii) Cost—the cost of a given product 

may influence the determination of the 

age of intended users; and 

(iv) Children’s interactions, if any, 

with the product—products for use in a 

child’s environment by the caregiver but 

not for use by the child would not be 

considered primarily intended for a 

child 12 years of age or younger. 

(4) The Age Determination Guidelines 

issued by the Consumer Product Safety 

Commission staff in September 2002, 

and any successor to such guidelines. 

The product’s appeal to different age 

groups and the capabilities of those age 

groups may be considered when making 

determinations about the appropriate 

user groups for products. 

(d) Examples—To help manufacturers 

understand what constitutes a 

children’s product under the CPSA, the 

following additional examples are 

offered. 

(1) Furnishings and fixtures—general 

home furnishings and fixtures 

(including, but not limited to: rocking 

chairs, shelving units, televisions, 

digital music players, ceiling fans, 

humidifiers, air purifiers, window 

curtains, tissue boxes, clothing hooks 

and racks) that often are found in 

children’s rooms or schools would not 

be considered children’s products 

unless they are decorated or 

embellished with a childish theme, have 

play value, and/or are sized for a child. 

Examples of home or school furnishings 

that are primarily intended for use by 

children and considered children’s 

products include infant tubs, bath seats, 

small bean bag chairs with childish 

decorations, bunk beds with children’s 

themes, child-sized desks, and childsized chairs. Decorative items, such as 

holiday decorations and household 

seasonal items that are intended only for 

display, with which children are not 

likely to interact, are generally not 

considered children’s products, since 

they are intended to be used by adults. 

(2) Collectibles—Adult collectibles 

may be distinguishable from children’s 

collectibles by themes that are 

inappropriate for children 12 years of 

age or younger, have features that 

preclude use by children during play, 

such as high cost, limited production, 

display features (such as hooks or 

pedestals), and are not marketed 

alongside children’s products. For 

example, collectible plush bears have 

high cost, are highly detailed, with 

fragile accessories, display cases, 

platforms on which to pose and hold the 

bears. Children’s bears have lower costs 

and simple accessories that can be 

handled without fear of damage to the 

product. 

(3) Jewelry— 

(i) Jewelry intended for children is 

generally sized, themed, and marketed 

to children. One or more of the 

following characteristics of jewelry may 

cause a piece of jewelry to be 

considered primarily a children’s 

product: size; very low cost; play value; 

childish themes on the jewelry; sale 

with children’s products (such as a 

child’s dress); sale with a child’s book, 

a toy, or party favors; sale with 

children’s cereal or snacks; sale at an 

entertainment or educational event 

attended primarily by children; sale in 

a store that contains mostly children’s 

products; and sale in a vending 

machine. 

(ii) In addition, many aspects of an 

item’s design and marketing are 

considered when determining the age of 

consumers for whom the product is 

intended and will be purchased: 

marketing; advertising; promotional 

materials; packaging graphics and text; 

size; dexterity requirements for wearing; 

appearance (coloring, textures, 

materials, design themes, licensing, 

level of realism); and cost. These 

characteristics will help jewelry 

manufacturers and consumers 

determine whether a particular piece of 

jewelry is designed or intended 

primarily for children 12 years of age or 

younger, or whether it more frequently 

appeals to consumers older than 12 

years of age. 

(4) DVDs, video games, and 

computers—Most computer products 

and electronic media devices, such as 

CDs, DVDs, and DVD players, are 

considered general use products. 

However, some CDs and DVDs may 

have encoded content that is intended 

for and marketed to children, such as 

children’s movies, games or educational 

software. CPSC staff may consider 

ratings given by entertainment 

industries and software rating systems 

when making an age determination. 

However, we note that among the CDs 

and DVDs that have content embedded 

that is intended for children, certain 

CDs and DVDs that contain content for 

very young children would not be 

handled or otherwise touched by 

children because they do not have the 

motor skills to operate media players 

and because such products, by 

themselves, do not have any appeal to 

children. These types of DVDs or CDs 

would not be considered children’s 

products because they are not used ‘‘by’’ 

children and children do not physically 

interact with such products. However, 

DVDs and CDs and other digital media 


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that may be handled by older children 

could be considered children’s products 

if such movies, video games, or music 

were specifically aimed at and marketed 

to children 12 years of age or younger 

and have no appeal to older audiences. 

(5) Art materials—Materials sized, 

decorated, and marketed to children 12 

years of age or younger, such as crayons, 

finger paints and modeling dough, 

would be considered children’s 

products. Crafting kits and supplies that 

are not specifically marketed to children 

12 years of age or younger likely would 

be considered products intended for 

general use. The marketing and labeling 

of raw materials (such as modeling clay, 

paint and paint brushes) may often be 

given high priority in an age 

determination for these art materials 

because the appeal and utility of these 

raw materials has such a wide audience. 

(6) Books—The content of a book can 

determine its intended audience. 

Children’s books have themes, 

vocabularies, illustrations, and covers 

that match the interests and cognitive 

capabilities of children 12 years of age 

or younger. The age guidelines provided 

by librarians, education professionals, 

and publishers may be dispositive for 

determining the intended audience. 

Some children’s books have a wide 

appeal to the general public, and in 

those instances, further analysis may be 

necessary to assess who the primary 

intended audience is based on 

consideration of relevant additional 

factors such as product design, 

packaging, marketing and sales data. 

(7) Science equipment—Microscopes, 

telescopes, and other scientific 

equipment that would be used by an 

adult, as well as a child, are considered 

general use products. Equipment with a 

marketing strategy that targets schools, 

such as scientific instrument rentals, 

would not convert such products into 

children’s products if such products are 

intended for general use, regardless of 

how the equipment is leased, rented, or 

sold. This equipment is intended by the 

manufacturer for use primarily by 

adults, although there may be incidental 

use by children through such programs. 

In general, scientific equipment that is 

specifically sized for children and/or 

has childish themes or decorations 

intended to attract children is 

considered a children’s product. Toy 

versions of such items are also 

considered children’s products. 

(8) Sporting goods and recreational 

equipment—Sporting goods that are 

primarily intended for consumers older 

than 12 years of age are considered 

general use items. Regulation-sized 

sporting equipment, such as basketballs, 

baseballs, bats, racquets, and hockey 

pucks, are general use items even 

though some children 12 years of age or 

younger will use them. Sporting goods 

become children’s products when they 

are sized to fit children or are otherwise 

decorated with childish features that are 

intended to attract child consumers. 

Likewise, recreational equipment, such 

as roller blades, skateboards, bicycles, 

camping gear, and fitness equipment, 

are considered general use products 

unless they are sized to fit children 12 

years of age or younger and/or are 

decorated with childish features by the 

manufacturer. 

(9) Musical instruments—Musical 

instruments suited for an adult 

musician as well as a child are general 

use products. Instruments primarily 

intended for children can be 

distinguished from adult instruments by 

their size and marketing themes. 

Products with a marketing strategy that 

targets schools, such as instrument 

rentals, would not convert such 

products into children’s products if 

such products are intended for general 

use, regardless of how the instruments 

are leased, rented, or sold. These 

instruments are intended by the 

manufacturer for use primarily by 

adults, although there also may be 

incidental use by children through such 

programs. However, products that 

produce music or sounds in a manner 

that simplifies the process so that 

children can pretend to play an 

instrument are considered toys 

primarily intended for children 12 years 

of age or younger. In general, 

instruments that are specifically sized 

for children and/or have childish 

themes or decorations intended to 

attract children are considered 

children’s products. 

Dated: April 7, 2010. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2010–8431 Filed 4–19–10; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 577 

[Docket No. FR–5333–P–01] 

RIN 2506–AC26 

Homeless Emergency Assistance and 

Rapid Transition to Housing: Defining 

‘‘Homeless’’ 

AGENCY: Office of the Assistant 

Secretary for Community Planning and 

Development. 

ACTION: Proposed rule. 

SUMMARY: This rule commences HUD’s 

regulatory implementation of the 

Homeless Emergency Assistance and 

Rapid Transition to Housing Act of 2009 

(HEARTH Act), enacted into law on 

May 20, 2009. The HEARTH Act 

consolidates three of the separate 

homeless assistance programs 

administered by HUD under the 

McKinney-Vento Homeless Assistance 

Act into a single grant program and 

creates the Emergency Solutions Grant 

Program and the Rural Housing Stability 

Program. The HEARTH Act also codifies 

in statutory law the Continuum of Care 

planning process, long a part of HUD’s 

application process to assist homeless 

persons by providing greater 

coordination in responding to their 

needs. The HEARTH Act defines the 

terms ‘‘homeless,’’ ‘‘homeless 

individual,’’ ‘‘homeless person,’’ and 

‘‘homeless individual with a disability,’’ 

but these definitions contain terms that 

require further elaboration. Since the 

scope of these terms is essential to the 

development of an appropriate 

regulatory structure for the homeless 

assistance programs as consolidated and 

amended by the HEARTH Act, HUD is 

initiating the rulemaking process with 

this proposed rule, which solely 

addresses the definition of these terms. 

DATES: Comment Due Date. June 21, 

2010 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this rule to the Regulations Division, 

Office of General Counsel, 451 7th 

Street, SW., Room 10276, Department of 

Housing and Urban Development, 

Washington, DC 20410–0500. 

Communications must refer to the above 

docket number and title. There are two 

methods for submitting public 

comments. All submissions must refer 

to the above docket number and title. 

1. Submission of Comments by Mail. 

Comments may be submitted by mail to 

the Regulations Division, Office of 

General Counsel, Department of 

Housing and Urban Development, 451 

7th Street, SW., Room 10276, 

Washington, DC 20410–0500. 

2. Electronic Submission of 

Comments. Interested persons may 

submit comments electronically through 

the Federal eRulemaking Portal at http: 

//www.regulations.gov. HUD strongly 

encourages commenters to submit 

comments electronically. Electronic 

submission of comments allows the 

commenter maximum time to prepare 

and submit a comment, ensures timely 

receipt by HUD, and enables HUD to 

make them immediately available to the 


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