Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Proposed Rules 30983 

Alternative Methods of Compliance 

(j) The Manager, Engine Certification 

Office, has the authority to approve 

alternative methods of compliance for this 

AD if requested using the procedures found 

in 14 CFR 39.19. 

Related Information 

(k) IAE Alert Service Bulletin No. V2500– 

ENG–72–A0554, Revision 1, dated June 27, 

2008, also pertains to the subject of this AD. 

Contact International Aero Engines AG, 400 

Main Street, East Hartford, CT 06108; 

telephone: (860) 565–5515; fax: (860) 565– 

5510, for a copy of this service information. 

(l) Contact Mark Riley, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine & Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: mark.riley@faa.gov; telephone 

(781) 238–7758; fax (781) 238–7199, for more 

information about this AD. 

Issued in Burlington, Massachusetts, on 

June 22, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–15250 Filed 6–26–09; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1130 

Requirements for Consumer 

Registration of Durable Infant or 

Toddler Products 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: Section 104(d) of the 

Consumer Product Safety Improvement 

Act of 2008 (‘‘CPSIA’’) requires the 

United States Consumer Product Safety 

Commission (‘‘Commission’’) to 

promulgate a final consumer product 

safety rule requiring each manufacturer 

of a durable infant or toddler product to: 

Provide with each product a postagepaid consumer registration form; keep 

records of consumers who register such 

products with the manufacturer; and 

permanently place the manufacturer 

name and contact information, model 

name and number, and the date of 

manufacture on each such product. The 

Commission is proposing requirements 

that would fulfill this statutory 

direction. 

DATES: Written comments must be 

received by September 14, 2009. 

ADDRESSES: Submit your comments at 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. All comments will be posted 

as received without change, including 

any personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Patricia M. Pollitzer, Office of the 

General Counsel, Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814; 

telephone (301) 504–7634. 

SUPPLEMENTARY INFORMATION: 

A. Background 

1. The CPSIA 

The Consumer Product Safety 

Improvement Act of 2008 (‘‘CPSIA’’, 

Pub. L. 110–314) was enacted on August 

14, 2008. Section 104(d) of the CPSIA 

requires the U.S. Consumer Product 

Safety Commission (‘‘Commission’’) to 

promulgate a final consumer product 

safety rule no later than August 14, 2009 

that requires 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 

name and contact information, model 

name and number, and the date of 

manufacture on each such product. The 

authority for this registration program is 

section 16(b) of the Consumer Product 

Safety Act (‘‘CPSA’’), which authorizes 

the Commission to issue a rule requiring 

manufacturers obtain and maintain 

records as necessary to implement the 

CPSA. 15 U.S.C. 2065(b). 

Section 104(d)(2) of the CPSIA sets 

out certain requirements for registration 

forms and allows the Commission to 

prescribe the exact text and format for 

the registration form. Section 104(d)(3) 

of the CPSIA specifies recordkeeping 

and notification requirements. The 

Commission is issuing this notice of 

proposed rulemaking (‘‘NPR’’) that 

would set out the requirements stated in 

the CPSIA and specify the text and 

format for the required registration 

forms. 

The CPSIA directs the Commission to 

assess the registration requirements in 

the future. Section 104(d)(4) of the 

CPSIA requires the Commission to 

conduct a study no later than four years 

from enactment of the CPSIA on the 

effectiveness of the consumer 

registration forms required by the CPSIA 

and whether to expand registration to 

other children’s products. The 

Commission is to report its findings to 

appropriate Congressional committees. 

Section 104(e) of the CPSIA further 

requires that the Commission, beginning 

two years after the Commission has 

issued a rule implementing the 

registration requirement, regularly 

review recall notification technology 

and assess the effectiveness of such 

technology. In addition, within three 

years of the CPSIA’s enactment, and 

periodically thereafter, the Commission 

must transmit a report to appropriate 

Congressional committees on its 

assessment of such technology. If, based 

on that assessment, the Commission 

determines by rule that a recall 

notification technology is likely to be as 

effective or more effective facilitating 

recalls of durable infant and toddler 

products, the Commission, pursuant to 

section 104(e)(2) of the CPSIA, shall 

submit a report on that determination to 

appropriate Congressional committees 

and shall permit its use in lieu of 

registration forms. 

2. Previous Activities Regarding Product 

Registration 

Before the CPSIA’s enactment, the 

Commission staff studied the possibility 

of requiring registration for some 

consumer products. In 2001, the 

Commission considered issuing an 

advance notice of proposed rulemaking 

(‘‘ANPR’’) concerning the possibility of 

requiring manufacturers to create and 

maintain a system for identifying 

purchasers of certain consumer 

products in order to notify consumers in 

the event of a recall. See http:// 

www.cpsc.gov/library/foia/foia01/brief/ 

purchase.pdf. The draft ANPR prepared 

by the staff discussed the possibility 

that direct consumer notification could 

increase the effectiveness of recalls. The 

draft ANPR also discussed 

characteristics of product registration 

cards that might increase the likelihood 

that consumers would return them. 

Among the characteristics noted were: a 

standardized format, minimal 

information on the form, no marketing 

or personal information, a clear 

statement that the purpose of the form 

is for safety recalls, pre-addressed and 

postage paid forms, a design that draws 

attention to the form, pre-printed 

product and model identification 

information, ample space for the 

consumer to provide name and address, 

and attachment of the form to the 

product. Many of these characteristics 

are required explicitly in section 104(d) 

of the CPSIA. 

In developing the proposed rule, the 

staff drew from its experience with the 

2001 draft ANPR and subsequent 

activities considering how to improve 

recall effectiveness. The Commission 

also has held numerous public meetings 

discussing various aspects of recall 

effectiveness, including product 

registration. See http://www.cpsc.gov/ 

businfo/rem_sum1.pdf, http:// 

www.cpsc.gov/businfo/rem_sum2.pdf, 


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30984 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Proposed Rules 

http://www.cpsc.gov/businfo/ 

rem_sum3.pdf. 

The Commission and staff are aware 

of, and this proposal has been informed 

by, the car seat registration program 

administered by the National Highway 

Traffic Safety Administration 

(‘‘NHTSA’’). Federal Motor Vehicle 

Safety Standard No. 213 requires 

manufacturers of child restraint systems 

for automobile use to provide a 

specified registration form with each 

seat and keep records of these 

registrants for use in the event of a 

safety recall of the product. 49 CFR 

571.213 S5.8. The Commission’s 

proposed registration form has several 

similarities to the NHTSA registration 

form for child restraint systems. When 

issuing its registration requirement, 

NHTSA noted that standardizing the 

text and layout of the registration form 

increases the likelihood that a purchaser 

will register the product. 57 FR 41428 

(Sep. 10, 1992). A contractor conducted 

focus groups to evaluate registration 

forms for child restraint systems. 

NHTSA noted that participants in the 

focus groups indicated ‘‘they would be 

most likely to return a pre-addressed, 

postage-prepaid card with an 

uncluttered graphic design that clearly 

and succinctly communicates the 

benefits of recall registration, 

differentiates itself from a warranty 

registration card, and requires minimal 

time and effort on the participant’s 

part.’’ Id. The Commission believes that 

these characteristics are also appropriate 

for registration forms for durable infant 

and toddler products. 

B. Description of the Proposed Rule 

The proposed rule would create a new 

16 CFR part 1130 to establish 

requirements that manufacturers 

(including importers) of durable infant 

or toddler products must follow to 

enable consumers to register these 

products so that the consumer can be 

notified directly if the product is the 

subject of a recall or safety alert. 

1. Scope and Definitions—Proposed 

§§ 1130.1 & 1130.2 

Proposed § 1130.1 would explain that 

part 1130 prescribes requirements for 

consumer registration of durable infant 

or toddler products. The proposed 

requirements would apply to 

manufacturers (including importers) of 

durable infant or toddler products. 

Although section 104(d) of the CPSIA 

refers only to manufacturers of durable 

infant and toddler products, the 

definition of ‘‘manufacturer’’ in the 

Consumer Product Safety Act includes 

an importer. 15 U.S.C. 2052(a)(11). 

Consequently, proposed § 1130.1(b) 

would explain that the requirements 

apply to manufacturers, ‘‘including 

importers,’’ of durable infant or toddler 

products. Given that ‘‘importer’’ is 

included in the definition of 

‘‘manufacturer,’’ the Commission is 

interested in comments concerning 

which party, the importer or a 

manufacturer (which might also include 

a foreign manufacturer), should have the 

primary responsibility for the 

registration obligations mandated by 

section 104 of the CPSIA and why. The 

Commission would also like comments 

on the practical and economic 

consequences of any decision as to 

whether the manufacturer or importer 

should assume the registration 

obligations, such as the logistics of an 

importer inserting a registration card 

when a product is manufactured 

overseas or, similarly, the logistics of a 

foreign manufacturer maintaining a 

database of registration card information 

received from consumers in the United 

States. 

However, neither the CPSIA nor the 

proposed regulation requires the retailer 

of a durable infant or toddler product to 

establish or maintain a registration 

program. The Commission recognizes 

that, in some instances, a retailer may be 

the direct importer of a product and/or 

may be the only contact in the United 

States. In such circumstances, it may be 

most effective for the retailer to collect 

registration information and notify the 

consumer in the event of a recall or 

safety alert. While the Commission is 

not proposing to require retailers of 

durable infant and toddler products to 

conduct a registration program, it is 

considering whether any final rule 

based on this proposal should expressly 

allow other parties, such as retailers, 

distributors or private labelers, to 

establish and maintain a registration 

program. The Commission is interested 

in comments on whether and how it 

might allow a private labeler or retailer 

to assume the responsibility to establish 

and maintain a registration program, 

particularly when a product is produced 

by a foreign manufacturer and imported 

into the United States. 

Proposed § 1130.2 would state that 

the definitions in section 3 of the CPSA 

apply. 

Proposed § 1130.2(a) would define 

‘‘durable infant or toddler product’’ in a 

manner similar to section 104(f) of the 

CPSIA. The proposed definition would 

include products that combine multiple 

functions. The CPSIA provides a broad 

definition of the term durable infant or 

toddler product—‘‘a durable product 

intended for use, or that may be 

reasonably expected to be used, by 

children under the age of 5 years’’—and 

then lists twelve specific examples each 

of which is defined more specifically 

with reference to the applicable 

voluntary standard for such products. 

Products that are not explicitly listed 

may still be durable infant or toddler 

products under the definition and may 

fall within the registration requirement. 

The CPSIA does not define ‘‘durable,’’ 

but Webster’s dictionary defines 

‘‘durable goods’’ as ‘‘goods usable for a 

relatively long time.’’ In the economic or 

financial context, durable goods are 

generally considered to be ones that 

have a useful life of three or more years. 

The Bureau of Economic Analysis, in 

the Department of Commerce, defines 

‘‘durable goods’’ as ‘‘Tangible products 

that can be stored or inventoried and 

that have an average life of at least three 

years’’ (see Bureau of Economic 

Analysis, Department of Commerce, 

Glossary definition of ‘‘durable goods,’’ 

accessed on the Internet at http:// 

www.bea.gov/glossary/ 

glossary.cfm?letter=D on May 20, 2009). 

The economic opposite term of durable 

goods is nondurable goods, a category 

that includes such items as food, 

clothing, drugs and services. These 

definitions give some guidance on what 

would be a durable infant or toddler 

product. Thus, clothing, blankets, and 

such textile products would not be 

considered durable infant or toddler 

products. 

Additional guidance comes from 

considering the product examples in the 

statute and the ASTM voluntary 

standard subcommittees that cover such 

items. The product list in the statute, 

though not exclusive, illustrates the 

types of products covered. Likewise, 

other products involved in the ASTM 

voluntary standards committee activity 

reflect the type of products considered 

by Commission staff to be durable infant 

products which include: Children’s 

folding chairs, changing tables, 

bouncers, infant bath tubs, bed rails and 

infant slings. Thus, while a changing 

table is not listed, it is similar to other 

nursery products, such as cribs and 

cradles, which are listed, and it is under 

the same ASTM subcommittee (F15.18) 

as cribs, toddler beds, play yards, 

bassinets and cradles. Bed rails are not 

listed, but they are similar to ‘‘gates and 

other enclosures for confining a child,’’ 

an enumerated category. Some other 

types of products, such as sports 

equipment, playground equipment, or 

toys would not appropriately be 

considered durable infant or toddler 

products. These are broad categories of 

products that are not like the nurserytype of products specified in the 

examples. 


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The statutory definition leaves 

uncertainty about which products 

would be considered durable infant or 

toddler products. Many products may 

last three or more years, but that does 

not necessarily mean that Congress 

intended them to be considered durable 

infant or toddler products under this 

section. An infant sling is not 

specifically listed and might be 

considered a textile product. However, 

it could be considered a type of infant 

carrier, a category that is listed as a 

durable infant or toddler product. The 

Commission is interested in comments 

on whether the final rule should contain 

a definitive listing of products requiring 

registration cards or any other 

comments that could help to clarify 

which products are covered by the 

registration card requirement when the 

final rule is published. 

As discussed above, infant carriers 

that are used as car seats are already 

subject to registration requirements 

issued by NHTSA that are similar to the 

proposed CPSC registration 

requirements. The Commission 

proposes to exempt from this 

rulemaking car seats that are subject to 

NHTSA registration requirements. 

Proposed § 1130.2(b) and (c) would 

define ‘‘product recall’’ and ‘‘safety 

alert’’ respectively. 

2. General Requirements—Proposed 

§ 1130.3 

Proposed § 1130.3 would establish 

general requirements for consumer 

registration. In brief, proposed 

§ 1130.2(a) would require each 

manufacturer of a durable infant or 

toddler product to provide consumers 

with a postage paid consumer 

registration form with each product; 

maintain a record of the contact 

information of consumers who register 

their products with the manufacturer; 

and permanently place the 

manufacturer’s name and contact 

information, model name and number, 

and the date of manufacture on each 

durable infant or toddler product. 

Proposed § 1130.2(a) thus would 

correspond with the statutory 

requirements at section 104(d)(1) of the 

CPSIA. 

Proposed § 1130.2(b) would prohibit 

the manufacturer from using or 

disseminating the consumer information 

collected pursuant to these 

requirements to any other party for any 

purpose other than notification of the 

consumer in the event of a product 

recall or safety alert. This would be 

consistent with section 104(d)(3) of the 

CPSIA. 

3. Manufacturer and Product 

Identification on the Product—Proposed 

§ 1130.4 

Section 104(d)(1)(c) of the CPSIA 

requires the manufacturer to 

permanently place the manufacturer’s 

name and contact information, model 

name and number, and the date of 

manufacture on each durable infant or 

toddler product. Proposed § 1130.4 

would repeat this statutory requirement 

and would further specify that the 

required information must be in 

English, legible, and in a location on the 

product that is conspicuous to the 

consumer. 

Another section of the CPSIA, section 

103, requires that, beginning August 14, 

2009, all children’s products must have 

tracking labels providing certain 

identifying information (the 

manufacturer or private labeler, location 

and date of production and cohort 

information) permanently placed on the 

product. The requirements for tracking 

labels in section 103 differ from the 

product identification that section 104 

requires for durable infant or toddler 

products. This raises the question of 

how a durable infant or toddler product 

could satisfy these requirements, i.e. 

does the more specific section 104 

identification of the manufacturer on 

the product obviate the need for the 

same identification of the manufacturer 

as part of the section 103 tracking label. 

The Commission seeks comments on the 

interplay between the labeling 

requirements of these two sections given 

that their requirements differ. Several 

commenters on the tracking label 

provision raised the concern that 

requiring identification of the 

manufacturer on a tracking label could 

result in the disclosure of what they 

considered confidential business 

information. The Commission requests 

comments on whether the issue of 

confidentiality is a concern for the 

product identification requirement in 

section 104 of the CPSIA. 

4. Requirements for Registration 

Forms—Proposed § 1130.5 

Proposed § 1130.5 would establish the 

requirements for the registration forms 

themselves. In brief, proposed § 1130.5 

would require registration forms to: 

• Comply with specified text and 

format requirements; 

• State all information in English; 

• Be attached to the surface of each 

durable infant or toddler product so that 

the consumer must notice and handle 

the form after purchasing the product; 

• Include the manufacturer’s name, 

model name and number for the product 

and the date of manufacture; 

• Include an option to register using 

the Internet; and 

• Include a statement that 

information the consumer provides will 

only be used to facilitate a recall or 

safety alert. 

With the exception of requiring 

compliance with particular text and 

format specifications and requiring that 

information be in English, the proposed 

requirements for registration forms are 

explicitly directed by section 104(d)(2) 

of the CPSIA. Section 104(d)(2) of the 

CPSIA also gives the Commission the 

option of prescribing the text and format 

for the registration form. The 

Commission believes that specifying 

uniform text and format will increase 

the likelihood that consumers will 

notice the forms and complete them. 

The Commission also believes that it 

is appropriate to specify that the form be 

in the English language. This would 

clarify the language to be used for 

registration forms when a product is 

foreign-made. It also would add to the 

uniformity of the registration forms, 

increasing the effectiveness of the forms 

by increasing the likelihood that 

consumers would notice the forms and 

associate them with registrations for the 

purpose of recalls. 

5. Format Requirements—Proposed 

§ 1130.6 

Proposed § 1130.6 would prescribe 

the registration form’s size and layout. 

The top portion of the form would be 

retained by the consumer. It would 

provide the purpose statement and the 

manufacturer’s contact information. 

The lower part of the form, which 

would be returned to the manufacturer, 

would be the size of a standard post 

card, 6 inches wide by 41⁄4 inches high. 

It would have blocks for the consumer 

to provide his/her contact information 

and have pre-printed product 

information on one side of the card and 

the manufacturer’s name and mailing 

address pre-printed on the other side. 

Proposed § 1130.6 also would require 

that the registration form use Arial 

Black typeface and that the size of the 

type be at least 12-point for the purpose 

statement and no less than 10-point for 

all other information on the form. 

Typically, 12-point font size is preferred 

for instructions and long passages. Arial 

typeface is a commonly used sans serif 

typeface that presents a bold and sharp 

letter. 

The Commission is proposing to 

prescribe the formatting for the 

registration forms. However, another 

approach would be to allow 

manufacturers to determine their own 

formatting. The Commission requests 

comments on these two approaches. 


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30986 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Proposed Rules 

6. Text Requirements—Proposed 

§ 1130.7 

Proposed § 1130.7 would prescribe 

the registration form’s text. It would 

require the following statement about 

the purpose of the registration: 

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 back this 

card or visit our online registration at 

www.WEBSITE NAME.com. 

This statement is consistent with 

sections 104(d)(2)(E) and 104(d)(2)(G) of 

the CPSIA requiring that the form 

‘‘include a message explaining the 

purpose of the registration and designed 

to encourage consumers to complete the 

registration’’ and also that it ‘‘include a 

statement that information provided by 

the consumer shall not be used for any 

purpose other than to facilitate a recall 

of or safety alert regarding that 

product.’’ The staff believes that having 

a uniform message will increase the 

likelihood that consumers will 

recognize the form and respond to it. 

Additionally, based on its experience 

examining recall effectiveness, the staff 

believes that a personal appeal to the 

consumer will increase the likelihood 

that a consumer will register the 

product. 

Proposed § 1130.7(b) would require 

that the top of the registration form state 

the manufacturer’s name and contact 

information, Web site address, product 

model name and number and 

manufacture date of the product. This 

part of the form would be retained by 

the consumer. The consumer would 

have the manufacturer’s contact 

information and information identifying 

the product if needed to contact the 

manufacturer about any safety-related 

issues concerning the product. This 

aspect of the proposed rule goes beyond 

the explicit requirements of the CPSIA 

which only requires that the form 

include the manufacturer’s name, model 

name and number for the product and 

its date of manufacture. However, the 

proposed information would 

complement the requirement in section 

104(d)(1)(C) of the CPSIA which 

requires manufacturers of a durable 

infant or toddler product to 

‘‘permanently place the manufacturer 

name and contact information, model 

name and number, and the date of 

manufacture on each durable infant or 

toddler product.’’ This will enable 

consumers to easily locate the 

information they need to contact the 

manufacturer. The Commission is 

interested in comments on whether a 

consumer would save and refer to the 

registration card stub rather than look 

for the contact information on the 

product itself, particularly for larger and 

more expensive products such as cribs. 

The Commission also asks for comments 

on the practicality of pre-printing a two 

part registration form—one section for 

consumers to send back to the 

manufacturer and the added 

requirement for another section for 

consumers to tear off and keep. The 

Commission is interested in comments 

on the practical and economic effect of 

this requirement. 

Proposed § 1130.7 also would require 

blocks for the consumer to provide his/ 

her name, mailing address, telephone 

number, and e-mail address. Section 

104(d)(2)(B) of the CPSIA requires that 

the form ‘‘include space sufficiently 

large to permit easy, legible recording of 

all desired information.’’ The staff 

reviewed research regarding legible 

print for reading, and considered uses 

such as warnings and passport 

applications. Based on this review, the 

proposed rule would require that blocks 

for consumer information be 5 mm wide 

and 7 mm high. The number of blocks 

that would be required for the 

consumer’s information is based on the 

size of the blocks and the size of the 

postcard. 

The proposed rule would require preprinted product information. As noted 

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

requires that the form provide the 

manufacturer’s name, model name and 

number of the product, and the date of 

manufacture. This information will 

enable the manufacturer to match the 

consumer with the product purchased 

in the event that the product is the 

subject of a recall or safety alert. The 

proposed rule would require a 

rectangular box around the model name, 

model number, and manufacture date to 

draw the consumer’s attention to the 

information. The manufacturer could 

print this information directly on the 

form or apply a pre-printed label that 

provides the required information. 

7. Requirements for Internet 

Registration—Proposed § 1130.8 

Consistent with section 104(d)(2)(F) of 

the CPSIA, the proposed rule would 

require that the consumer have the 

option of registering the product 

through the Internet. This could be 

accomplished by registration through 

the manufacturer’s Web site. However, 

some companies, particularly smaller 

ones, may not have a Web site. Rather 

than the Commission mandating that all 

companies that sell durable infant and 

toddler products create and maintain a 

Web site, such companies could satisfy 

the statutory requirement by allowing 

consumers to send their registration 

information by e-mail. In such case a 

sentence would need to be added to the 

registration card indicating that 

registration could be made by sending 

an e-mail to the manufacturer. The 

Commission seeks comments on this 

approach. 

Proposed § 1130.8 would require the 

same purpose statement (described 

earlier in part B.6 of this preamble (see 

the discussion of proposed § 1130.7)) on 

the Web site registration page as on the 

registration form. It would restrict the 

registration page to only requesting the 

consumer’s name, address, telephone 

number, e-mail address, product name 

and number and the date of 

manufacture. The Commission seeks 

comments on whether there is a need to 

restrict navigation to other pages or Web 

sites. 

The Commission notes that on-line 

registration could be designed in a 

manner that could further increase the 

effectiveness of product registrations. 

The on-line registration could be set up 

to allow consumers to notify the 

manufacturer of a change of address for 

products the consumer has previously 

registered. Such a system could allow 

sorting by customer name, address, 

product and model so that a consumer 

could change his/her address without 

re-entering other information. The 

proposed rule would not require such a 

system, but neither would it prevent 

manufacturers from designing their online registration systems in such a 

manner. 

The Commission intends to encourage 

innovation in the use of the Internet for 

product registration and solicits 

comments on how to make the 

registration Web site easier for 

consumers to use and navigate. For 

example, Web sites could minimize the 

number of times consumers must enter 

information, could provide for 

registration at the time an item is 

purchased online, or take other 

approaches that would streamline 

registration. 

8. Recordkeeping and Notification— 

Proposed § 1130.9 

Consistent with section 104(d)(1)(B) 

of the CPSIA, proposed § 1130.9 would 

require that each manufacturer of a 

durable infant or toddler product 

maintain a record of registrants for each 

product manufactured that includes all 

of the information provided by the 

consumer. The manufacturer would be 

required to use the information 

provided to notify the registrant if the 

product is the subject of a recall or 


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Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Proposed Rules 30987 

safety alert. The proposed rule would 

require that the manufacturer maintain 

a record of the registration information 

for no less than 6 years after the date of 

manufacture of the product. 

C. Request for Comments 

The Commission requests comments 

on all aspects of this proposal, and 

specifically seeks comments concerning: 

What products are included in the 

definition of durable infant or toddler 

product; whether the Commission 

should prescribe the format of the 

registration cards or allow flexibility; 

the interplay between the permanent 

identification marking required to be 

placed on the product and the tracking 

label requirement; the party best 

situated to conduct the registrations (as 

among the manufacturer, importer, 

private labeler and retailer); the 

practical and economic impact of 

requiring an additional section on the 

registration form—one section for 

consumers to mail to the manufacturers 

and the other section for consumers to 

keep; allowing the consumer to e-mail 

registration information as an option; 

whether requirements on the ease of use 

and navigation of Web sites are 

necessary; and appropriateness of the 

proposed effective date. 

D. Effective Date 

The Administrative Procedure Act 

(‘‘APA’’) generally requires that the 

effective date of a rule be at least 30 

days after publication of the final rule. 

Id. 553(d). This is unlikely to be 

sufficient time for manufacturers to put 

a registration program in place. Thus, 

the Commission proposes that a final 

rule would become effective 180 days 

after its date of publication in the 

Federal Register. 

E. Regulatory Flexibility 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 promulgating the 

rule implementing the CPSIA’s 

consumer registration provision. 

Consequently no certification is 

necessary. 

F. Paperwork Reduction Act 

Section 104(d)(1) of the CPSIA also 

excludes this rulemaking from 

requirements of the Paperwork 

Reduction Act, 44 U.S.C. sections 3501 

through 3520. Consequently, no 

Paperwork Reduction Act analysis is 

necessary. 

G. 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 rule 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. 

Therefore, the Commission proposes 

to amend Title 16 of the Code of Federal 

Regulations by adding part 1130 to read 

as follows: 

PART 1130—REQUIREMENTS FOR 

CONSUMER REGISTRATION OF 

DURABLE INFANT OR TODDLER 

PRODUCTS 

Sec. 

1130.1 Purpose, scope, and effective date. 

1130.2 Definitions. 

1130.3 General requirements. 

1130.4 Identification on the product. 

1130.5 Requirements for registration form. 

1130.6 Requirements for format of 

registration form. 

1130.7 Requirements for text of registration 

form. 

1130.8 Requirements for Internet 

registration. 

1130.9 Recordkeeping and notification 

requirements. 

Authority: 15 U.S.C. 2056a, 2065(b). 

§ 1130.1 Purpose, scope, and effective 

date. 

(a) Purpose. This part prescribes a 

consumer product safety rule 

establishing requirements for consumer 

registration of durable infant or toddler 

products. These requirements are 

intended to improve the effectiveness of 

recalls of, and safety alerts regarding, 

such products. 

(b) Scope. Part 1130 applies to 

manufacturers, including importers, of 

durable infant or toddler products, as 

defined in § 1130.2(a). It does not apply 

to infant or child carriers intended for 

use in automobiles that are covered by 

the registration program of the National 

Highway Traffic and Safety 

Administration at 49 CFR 571.213. 

(c) Effective date. The requirements of 

this part 1130 shall become effective on 

[180 days after publication of a final 

rule] and shall apply to durable infant 

or toddler products manufactured on or 

after that date. 

§ 1130.2 Definitions. 

In addition to the definitions given in 

section 3 of the Consumer Product 

Safety Act (15 U.S.C. 2052), the 

following definitions apply: 

(a) Durable infant or toddler product 

means a durable product intended for 

use, or that may be reasonably expected 

to be used, by children under the age of 

5 years; and includes, but is not limited 

to, individual and combinations of: 

(1) Full-size cribs and non-full-size 

cribs; 

(2) Toddler beds; 

(3) High chairs, booster seats, and 

hook-on chairs; 

(4) Bath seats; 

(5) Gates and other enclosures for 

confining a child; 

(6) Play yards; 

(7) Stationary activity centers; 

(8) Infant carriers; 

(9) Strollers; 

(10) Walkers; 

(11) Swings; and 

(12) Bassinets and cradles. 

(b) Product recall means action taken 

pursuant to sections 12, 15(c) or 15(d) 

of the CPSA (15 U.S.C. 2061,2054(c), or 

2064(d)), and action taken pursuant to a 

corrective action plan implemented by a 

company in cooperation with the 

Commission, where the firm is 

conducting one or more of the 

following: repair of the product; 

replacement of the product; or refund of 

the purchase price of the product. 

(c) Safety alert means notice or 

warning of a potential problem with an 

individual or class of products so that 

consumers and other users of the 

affected products respond accordingly 

to reduce or eliminate the potential for 

injury. 

§ 1130.3 General requirements. 

(a) Each manufacturer of a durable 

infant or toddler product shall: 

(1) Provide consumers with a postagepaid consumer registration form that 

meets the requirements of this part 1130 

with each such product; 

(2) Maintain a record in accordance 

with the requirements set forth in 

§ 1130.9 of the contact information 

(names, addresses, e-mail addresses, 

and telephone numbers) of consumers 

who register their products with the 

manufacturer under this part 1130; 

(3) Permanently place the 

manufacturer name and contact 

information, model name and number, 

and the date of manufacture on each 

durable infant or toddler product in 

accordance with the requirements set 

forth in § 1130.4. 

(b) Consumer information collected 

by a manufacturer pursuant to the 

requirements of this part 1130 shall not 


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be used by the manufacturer, nor 

disseminated by the manufacturer to 

any other party, for any purpose other 

than notification to such consumer in 

the event of a product recall or safety 

alert. 

§ 1130.4 Identification on the product. 

(a) Each durable infant or toddler 

product shall be permanently marked 

with the manufacturer name, and 

contact information (U.S. address and 

telephone number, toll free if available) 

model name and number, and date of 

manufacture. 

(b) The information required by this 

section shall be in English, legible, and 

in a location that is conspicuous to the 

consumer. 

§ 1130.5 Requirements for registration 

forms. 

The registration form required under 

§ 1130.3(a)(1) shall: 

(a) Comply with the format and text 

requirements set forth in §§ 1130.6 and 

1130.7 as shown in figures 1 and 2 of 

this part; 

(b) State all information required by 

this part 1130 in the English language; 

(c) Be attached to the surface of each 

durable infant or toddler product so 

that, as a practical matter, the consumer 

must notice and handle the form after 

purchasing the product; 

(d) Include the manufacturer’s name, 

model name and number for the 

product, and the date of manufacture; 

(e) Include an option for consumers to 

register through the Internet; 

(f) Include the statement required in 

§ 1130.7(a) that information provided by 

the consumer shall not be used for any 

purpose other than to facilitate a recall 

of or safety alert regarding that product. 

§ 1130.6 Requirements for format of 

registration forms. 

(a) Size of form. The form shall be the 

size of a standard post card, 6 inches 

wide by 41⁄4 inches high. 

(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) Top of form. The top portion of the 

form is to be retained by the consumer. 

The front top portion shall provide the 

purpose statement set forth in 

§ 1130.7(a). The back of the top portion 

shall provide the manufacturer’s contact 

information as required in § 1130.7(b). 

(3) Bottom of form. The bottom 

portion of the form is to be returned to 

the manufacturer. The bottom front 

panel shall have blocks for the 

consumer to provide his/her contact 

information as required in § 1130.7(c). 

Below the consumer contact 

information shall be product 

information as required in § 1130.7(d) 

which may be printed on the form or 

provided on a pre-printed label placed 

on the form by the manufacturer. The 

back of the bottom portion of the form 

shall be pre-addressed with the 

manufacturer’s name and mailing 

address where registration information 

is to be collected. 

(c) Font size and typeface. The 

registration form shall use Arial Black 

typeface. The size of the type shall be 

at least 12-point for the purpose 

statement required in § 1130.7(a) and no 

less than 10-point for the other 

information in the registration form. 

§ 1130.7 Requirements for text of 

registration form. 

(a) Purpose statement. 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 back 

this card or visit our online registration 

at www.WEBSITE NAME.com.’’ 

(b) Manufacturer and product 

information. The back of the top portion 

of the form shall state the 

manufacturer’s name and contact 

information (a U.S. mailing address, a 

telephone number, toll free if available), 

Web site address, product model name 

and number, and manufacture date of 

the product. 

(c) Consumer information. The bottom 

front portion of the 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. There 

shall be at least 23 blocks on each of two 

lines for name and mailing address. At 

least 15 blocks shall be provided for the 

city, 2 blocks for the State and 5 blocks 

for the zip code or postal code. There 

shall be 10 blocks for the telephone 

number with a dash provided after the 

place for the area code and between the 

third and fourth blocks for the rest of 

the number, and at least 29 blocks for 

the e-mail address. 

(d) Product information. The 

following product information shall be 

provided on the back of the bottom 

portion of the form below the blocks for 

customer information printed directly 

on the form or on a pre-printed label 

that is applied to the form: the 

manufacturer’s name, the model name 

and number, and the date of 

manufacture of the product. A 

rectangular box shall be placed around 

the model name, model number and 

manufacture date. 

§ 1130.8 Requirements for Web site 

registration. 

(a) Link to registration page. The 

manufacturer’s Web site, or other Web 

site established for the purpose of 

registration under this part 1130, shall 

be designed with a link clearly 

identified on the main Web page that 

goes directly to ‘‘Product Registration.’’ 

(b) Purpose statement. The 

registration page shall have the 

following statement at the top of the 

page: ‘‘PRODUCT REGISTRATION FOR 

SAFETY ALERT OR RECALL ONLY. 

We will use the information provided 

on this page only to contact you if there 

is a safety alert or recall for this product. 

We will not sell, rent, or share your 

personal information. If you register on 

this Web site you do not need to fill out 

the card that came with your product.’’ 

(c) Content of registration page. The 

Web site registration page shall request 

only the consumer’s name, address, 

telephone number, e-mail address, 

product model name and number, and 

the date of manufacture. The 

consumer’s telephone number and email address shall not be required for 

the consumer to submit the registration 

form. 

§ 1130.9 Recordkeeping and notification 

requirements. 

(a) Each manufacturer of a durable 

infant or toddler product shall maintain 

a record of registrants for each product 

manufactured that includes all of the 

information provided by each consumer 

registered. 

(b) Each manufacturer of a durable 

infant or toddler product shall use the 

information provided by the registrant 

to notify the registrant in the event of a 

voluntary or involuntary recall of, or 

safety alert regarding, such product. 

(c) Each manufacturer of a durable 

infant or toddler product shall maintain 

a record of the information provided by 

the registrant for a period of not less 

than 6 years after the date of 

manufacture of the product. 

BILLING CODE 6355–01–P 


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30990 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Proposed Rules 

Dated: June 23, 2009. 

Todd Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E9–15242 Filed 6–26–09; 8:45 am] 

BILLING CODE 6355–01–C 


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