Requirements for Consumer Registration of Durable Infant or Toddler Products, 9522-9527 [2012-3712]

Agencies

• Consumer Product Safety Commission

[Federal Register Volume 77, Number 33 (Friday, February 17, 2012)]
[Rules and Regulations]
[Pages 9522-9527]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3712]



[[Page 9522]]

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1130


Requirements for Consumer Registration of Durable Infant or 
Toddler Products

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

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SUMMARY: In accordance with the Consumer Product Safety Improvement Act 
of 2008 (``CPSIA''), the Consumer Product Safety Commission 
(``Commission,'' ``CPSC,'' or ``we'') issued a final consumer product 
safety rule requiring manufacturers of durable infant or toddler 
products to establish a consumer registration program. The Commission 
is amending that rule to clarify and correct some of its requirements.

DATES: The rule is effective February 18, 2013.

FOR FURTHER INFORMATION CONTACT: Keysha Watson, Office of Compliance 
and Field Operations, U.S. Consumer Product Safety Commission, 4330 
East-West Highway, Bethesda, MD 20814; telephone (301) 504-6820; 
kwatson@cpsc.gov.

SUPPLEMENTARY INFORMATION:

A. Background

    On December 29, 2009, we published a final rule requiring 
manufacturers of durable infant or toddler products to: (1) Provide 
with each product a postage-paid consumer registration form; (2) keep 
records of consumers who register such products with the manufacturer; 
and (3) permanently place the manufacturer's name and contact 
information, model name and number, and the date of manufacture on each 
such product. 74 FR 68668. The rule specified formatting and text 
requirements for the registration forms. Subsequently, we published a 
correction notice on February 22, 2010. 75 FR 7550. Since December 29, 
2010, registration forms have been required for all durable infant or 
toddler products covered by the rule.
    On August 8, 2011, we published a notice of proposed rulemaking to 
amend the rule in order to clarify or correct certain aspects of the 
rule. 76 FR 48053. Through this document, we are finalizing the 
amendment.
    We note that, although manufacturers of durable infant or toddler 
products must comply with the registration requirements, they are not 
required to have a third party testing laboratory ``test'' their 
product's compliance with the registration requirements.

B. Statutory Provisions

    The CPSIA directed us to promulgate a final consumer product safety 
rule requiring manufacturers of durable infant or toddler products to 
establish and maintain consumer registration programs for such 
products. Section 104(d) of the CPSIA specified numerous requirements 
for the manufacturer's registration programs and for the Commission's 
rule. The rule we published on December 29, 2009 (74 FR 68668) carried 
out that statutory direction.

C. Response to Comments on the Proposed Rule

    We received three comments on the proposed amendment that we had 
published on August 8, 2011. 76 FR 48053. These three comments raised 
four issues. One comment was from a consumer who generally supported 
the proposed amendment; the remaining two comments addressed particular 
aspects of the proposed amendment. We describe and respond to the 
comments in section C of this document and describe the final rule in 
section D. To make it easier to identify the comments and our 
responses, the word ``Comment,'' in parentheses, will appear before the 
comment's description, and the word ``Response,'' in parentheses, will 
appear before our response. We also have numbered each comment issue to 
help distinguish between different issues. The number assigned to each 
comment issue is purely for organizational purposes and does not 
signify the comment's value or importance, or the order in which it was 
received.
    (Comment 1): As noted, one comment was from a consumer who 
generally supported the proposed amendment.
    (Response 1): We agree that the changes will clarify the 
registration rule requirements.
    (Comment 2): Another comment also supported the amendment, but 
requested that ``if a third party is used for collecting the 
registration cards, then the manufacturer should be allowed to put the 
third party vendor or a `brand name' in lieu of a manufacturer's 
name.'' The commenter explained that ``[S]ometimes the manufacturer or 
importer's name may have little meaning to consumers who may be more 
inclined to fill out a registration card with a reputable processor 
they believe will be more likely to adhere to confidential treatment of 
submitted information or by identification of a product description 
with ``Brand Name'' that they more readily recognize than an unknown 
legal entity that is the manufacturer of the product.''
    (Response 2): We proposed to amend the rule to state that if a 
manufacturer uses a third party to process the registration cards, the 
third party's name could be included as ``in care of'' (``c/o'') as 
part of the address on the form. The third party processor's name would 
be in addition to the manufacturer's name. Allowing a brand name to 
replace the manufacturer's name entirely, we believe, could confuse 
consumers and make it more difficult for consumers to report a problem 
with the product. Moreover, section 104(d)(2)(D) of the CPSIA requires 
that the manufacturer's name be on the registration form. However, we 
do agree that a consumer may be more likely to submit a registration 
card with a brand name that he or she is familiar with. For these 
reasons, we accept this suggestion in part. A manufacturer may list the 
brand name in addition to the manufacturer's name on the bottom front 
and the top back of the form, with the brand owner's permission.
    (Comment 3): A third comment suggested that we allow Quick Response 
(``QR'') codes on registration cards. The comment explained that QR 
codes ``are a type of matrix barcode that allow[s] storage of 
information, including links that direct consumers to a Web site when 
read with a readily available QR reader on a smart phone or other 
device.''
    (Response 3): We agree that QR codes and other barcode technologies 
that allow consumers to use a smart phone or other device to reach a 
registration page may facilitate product registration; therefore, we 
have added paragraph (e) (Optional Barcode) to section 1130.6. 
Manufacturers who use these technologies must comply with all the 
requirements of this part 1130, including those in section 1130.7 and 
the restriction that the manufacturer shall not use or disseminate the 
consumer registration information for any purpose other than notifying 
the consumer of a safety alert or recall.
    (Comment 4): One comment agreed with the proposed 12-month 
effective date, stating that it ``is a reasonable time frame for all 
manufacturers to deplete their current inventory of registration 
cards.''
    (Response 4): We agree with the comment and are finalizing the 
proposed effective date.

[[Page 9523]]

D. The Clarifications and Corrections in the Final Rule

1. Simplifying the Provisions for the Format and Text of Registration 
Forms (Sec.  1130.6)

    As originally published, Sec.  1130.6 specifies requirements for 
the format of registration forms, and Sec.  1130.7 specifies the 
requirements for the text of registration forms. In the preamble to the 
proposal, we stated that we believe explaining the requirements in this 
way may be confusing. 76 FR 48053-54. Therefore, we proposed 
eliminating this framework and collapsing the requirements from 
Sec. Sec.  1130.6 and 1130.7 into one section and clarifying them. Id. 
We proposed describing the registration form more clearly, moving 
logically from the front top of the form to the front bottom of the 
form, to the back top of the form, and ending with the back bottom of 
the form. We proposed the following corresponding changes: combining 
the existing Sec. Sec.  1130.6 and 1130.7 into a revised Sec.  1130.6; 
renumbering existing Sec. Sec.  1130.8 and 1130.9 as Sec. Sec.  1130.7 
and 1130.8, respectively; and changing references to Sec. Sec.  1130.6 
through 1130.9 (such as Sec.  1130.3(a)(2), which refers to Sec.  
1130.9) to reflect the renumbered sections. Id.
    We did not receive any negative comments on proposed Sec.  1130.6 
and the proposed corresponding references, and so we are finalizing 
them without change.

2. Clarifying the Required Font Size (Sec.  1130.6(b)(2))

    As originally published, Sec.  1130.6(c) requires that registration 
forms use 12-point and 10-point type. Manufacturers and testing labs 
reported confusion concerning the physical size required for the type. 
The dictionary defines a ``point'' as \1/72\ of an inch. However, 
according to font charts, font sizes used in printing do not follow 
this formula and are actually smaller than this measurement.
    We proposed specifying the physical measurement of the type, rather 
than referring to ``point.'' For example, instead of requiring ``12-
point'' type, we proposed stating in Sec.  1130.6(b)(2) that ``0.12-
inch (3.0 mm) type'' is required.
    We did not receive any negative comments on proposed Sec.  
1130.6(b)(2) and are finalizing it without change.

3. Changes To Clarify That Consumers Should Return the Bottom Part of 
the Form Only (Sec.  1130.6(c)(1) and (d)(1))

    Section 1130.6(a) of the rule requires firms to provide a form at 
least the size of two standard postcards, connected together by a 
perforated line, so that the two portions can be separated. The 
consumer retains the top portion, which contains a statement of the 
purpose of the card and the manufacturer's contact information. 
According to several manufacturers, consumers have been confused about 
what they need to return to the manufacturer, and some consumers have 
been sending in the entire form or the top portion of the form only.
    As originally published, Sec.  1130.7(b) requires that the back of 
the top portion of the form state the manufacturer's name and contact 
information (a U.S. mailing address, a telephone number, toll-free, if 
available), among other things. The example shown in Figure 1 of the 
rule shows this information to be center justified, which makes this 
look like a mailing address.
    We proposed amending Sec.  1130.6(d)(1)(i) to specify that the 
manufacturer's name and contact information on the top portion of the 
form is to be stated in sentence format and appear underneath the 
heading: ``Manufacturer's Contact Information.'' In Figure 2, we 
proposed that the order of the manufacturer's contact information and 
the model name, model number, and manufacture date would be reversed 
from the order in the original Figure 2. This places the manufacturer's 
contact information on top and decreases the likelihood that a consumer 
would return the top part of the form.
    In addition, we proposed adding a new provision in Sec.  
1130.6(d)(1)(ii), requiring that just above the perforation line, each 
form must state in capital letters: ``KEEP THIS TOP PART FOR YOUR 
RECORDS. FILL OUT AND RETURN BOTTOM PART.''
    Finally, we proposed revising the wording in the purpose statement 
to clarify that consumers should mail the bottom part of the form. As 
originally published, Sec.  1130.7(a) and Figure 1 stated: ``please 
complete and mail this card.'' We proposed that Sec.  1130.6(c)(1) and 
Figure 1 state: ``please complete and mail the bottom part of this 
card.''
    As discussed in section C of this preamble, we received a comment 
asking us to allow the brand name in lieu of the manufacturer's name on 
registration cards. We are accepting this suggestion in part and have 
revised Sec.  1130.6(d)(1)(i) to allow the manufacturer to list the 
brand name in addition to the manufacturer's name.

4. Omitting Manufacturer's Name on the Back Bottom of the Form (Sec.  
1130.6(d)(2))

    As originally published, (and then corrected in February 2010), 
Sec.  1130.7(d) requires that the bottom back portion of the form state 
the manufacturer's name with the product information. However, the 
illustration in Figure 2 of the rule does not show the manufacturer's 
name in this location. Some manufacturers pointed out that there is 
limited space on this part of the form, and they suggested that 
omitting the manufacturer's name would allow more space for the 
consumer's information.
    We proposed (in Sec.  1130.6(d)(2)) omitting the requirement that 
the manufacturer's name be stated along with the product information at 
the back bottom portion of the form. We stated in the preamble to the 
proposed rule that we will allow a manufacturer to include its name on 
the back portion of the card if it wants to do so.
    We received no negative comments on proposed Sec.  1130.6(d)(2) and 
are finalizing it without change.

5. Identifying a Third Party That Is Processing the Forms (Sec.  
1130.6(c)(2))

    As originally published, Sec.  1130.6(b)(3) requires that the 
registration form be pre-addressed ``with the manufacturer's name and 
mailing address where registration information is to be collected.'' As 
discussed in the preamble to the final rule (74 FR at 68670), a 
manufacturer is allowed to contract with a third party who would be 
responsible for maintaining the registration information. Some 
manufacturers asked whether the third party's name could appear in the 
mailing information on the form in these circumstances.
    We proposed stating in Sec.  1130.6(c)(2) that, if a manufacturer 
uses a third party to process the registration forms, the third party's 
name may be included as a ``c/o'' on the form. As discussed in section 
C of this preamble, we received a comment asking us to allow a ``brand 
name'' in lieu of the manufacturer's name. In response to the comment, 
we have revised Sec.  1130.6(c)(2) to allow the manufacturer to add a 
brand name on the bottom front of the registration form.

6. Clarifying the Location Where Registration Information Is To Be 
Maintained (Sec.  1130.8(d))

    Several manufacturers asked whether the consumer registration 
information they receive must be maintained at a location in the United 
States. As originally published, the rule does not specifically address 
this issue.
    In the preamble to the proposed rule, we stated that because so 
much data and information are kept electronically and can be retrieved 
quickly, we do not believe that it is necessary to require that 
registration information be maintained in the United States. 76 FR

[[Page 9524]]

48054. However, manufacturers must be able to access the information 
when requested. Therefore, we proposed stating in Sec.  1130.8(d) that 
registration records shall be made available within 24 hours of a 
request by the CPSC.
    We received no negative comments on this provision and are 
finalizing it without change.

7. Correcting Text Requirement for Purpose Statement To Match Figure 1 
(Sec.  1130.6(c)(1))

    As originally published, Sec.  1130.7(a) provides, in part, that: 
``The front top portion of each form shall state `PRODUCT REGISTRATION 
FOR SAFETY ALERT OR RECALL. We will use the information provided on 
this card to contact you only if there is a safety alert or recall for 
this product. We will not sell, rent, or share your personal 
information. To register your product, please complete and mail this 
card or visit our online registration at https://www.Web sitename.com.' 
'' In the preamble to the proposed rule, 76 FR 48054, we noted that 
there are two discrepancies between the wording of the text and the 
illustration in Figure 1.
    To make the text and Figure 1 consistent, we proposed making two 
changes to the text in Sec.  1130.6(c)(1): Adding the word ``ONLY'' at 
the end of the first sentence, and deleting ``http//from the Web site 
name.
    We received no comment on this provision and are finalizing it 
without change.

8. Barcodes (Sec.  1130.6(e))

    As discussed in section C of this preamble, we received a comment 
asking us to allow QR codes on registration forms. We are adding a new 
paragraph (e) to Sec.  1130.6 to give manufacturers the option of 
including a barcode, or other machine readable data, that would provide 
a link for the consumer to register the product. If manufacturers use 
this technology they must comply with all the requirements of the rule.

E. Effective Date

    We stated in the preamble to the proposed rule, 76 FR 48055, that 
we recognize that manufacturers may have an existing inventory of 
registration forms and that the changes to the forms are minor and 
would not affect safety. We proposed that the amendment would take 
effect 12 months after publication of a final rule. We also stated that 
until the amendment takes effect, we would consider registration forms 
to be in compliance that meet either the existing rule or the 
amendment. Id. We received one comment in favor of the proposed 
effective date. Therefore, the final rule provides a 12-month effective 
date.

F. Regulatory Flexibility Analysis or Certification

    The Regulatory Flexibility Act (``RFA'') generally requires that 
agencies review proposed rules for their potential economic impact on 
small entities, including small businesses. However, as we noted in the 
preamble to the proposed rule, id., section 104(d)(1) of the CPSIA 
removes this requirement for the rule implementing the CPSIA's consumer 
registration provision. Consequently, no regulatory flexibility 
analysis or certification is necessary for this proposed amendment 
clarifying and correcting the consumer registration rule. Moreover, the 
changes are minor and will not alter the impact that the registration 
rule has on small entities.

G. Paperwork Reduction Act

    Section 104(d)(1) of the CPSIA also excludes the consumer 
registration rule from requirements of the Paperwork Reduction Act, 44 
U.S.C. sections 3501 through 3520. Consequently, no Paperwork Reduction 
Act analysis is necessary for this amendment clarifying and correcting 
the consumer registration rule. Moreover, the changes are minor and 
will not alter any collection of information required under the 
registration rule.

H. Environmental Considerations

    Our regulations provide a categorical exemption for our rules from 
any requirement to prepare an environmental assessment or an 
environmental impact statement as they ``have little or no potential 
for affecting the human environment.'' 16 CFR 1021.5(c)(2). This 
amendment falls within the categorical exemption.

List of Subjects in 16 CFR 1130

    Administrative practice and procedure, Business and industry, 
Consumer protection, Reporting and recordkeeping requirements.

    Accordingly, we amend 16 CFR part 1130 as follows:

PART 1130--REQUIREMENTS FOR CONSUMER REGISTRATION OF DURABLE INFANT 
OR TODDLER PRODUCTS

0
1. The authority citation for part 1130 continues to read as follows:

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


Sec.  1130.3  [Amended]

0
2. In Sec.  1130.3(a)(2), remove ``Sec.  1130.9'' and add in its place 
``Sec.  1130.8''.


Sec.  1130.5  [Amended]

0
3. Section 1130.5 is amended as follows:
0
a. In paragraph (a), remove ``and 1130.7''; and
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b. In paragraph (f), remove ``1130.7(a)'' and add, in its place 
``1130.6(c)(1)''.

0
4. Revise Sec.  1130.6 to read as follows:


Sec.  1130.6  Requirements for format and text of registration forms.

    (a) Size of form. The form shall be at least the size of two 
standard post cards, connected with perforation for later separation, 
so that each of the two portions is at least 3\1/2\ inches high x 5 
inches wide x 0.007 inches thick.
    (b) Layout of form. (1) General. The form shall consist of four 
parts: top and bottom, divided by perforations for easy separation, and 
front and back.
    (2) Font size and typeface. The registration form shall use bold 
black typeface. The size of the type shall be at least 0.12 in (3.0 mm) 
for the purpose statement required in paragraph (c)(1) of this section, 
and no less than 0.10 in (2.5 mm) for the other information in the 
registration form. The title of the purpose statement and the retention 
statement required in paragraph (d)(2) of this section shall be in all 
capitals. All other information shall be in capital and lowercase type.
    (c) Front of form. (1) Top front of form: Purpose statement. The 
top portion of the front of each form shall state: ``PRODUCT 
REGISTRATION FOR SAFETY ALERT OR RECALL ONLY. We will use the 
information provided on this card to contact you only if there is a 
safety alert or recall for this product. We will not sell, rent, or 
share your personal information. To register your product, please 
complete and mail the bottom part of this card, or visit our online 
registration at: www.Web sitename.com.'' Manufacturers that do not have 
a Web site may provide an email address and state at the end of the 
purpose statement: ``To register your product, please complete and mail 
the bottom part of this card, or email your contact information, the 
model name and number, and date of manufacture of the product, as 
provided on this card, to: name@firmname.com.''
    (2) Bottom front of form: Manufacturer's mailing address. The 
bottom portion of the front of each form shall be pre-addressed and 
postage-paid with the manufacturer's name and mailing address where 
registration information is to be collected. A manufacturer may list a 
brand name in addition to the manufacturer's name. If a manufacturer 
uses a third party to

[[Page 9525]]

process registration forms, the third party's name may be included as a 
``c/o'' (``in care of'') in the address on the form.
    (d) Back of the form. (1) Top back of form. (i) Product information 
and manufacturer's identification. The top portion of the back of each 
form shall state: ``Manufacturer's Contact Information'' and provide 
the manufacturer's name and contact information (a U.S. mailing address 
displayed in sentence format, Web site address, a telephone number, 
toll-free, if available); product model name and number (or other 
identifier as described in Sec.  1130.4(a)(1) and (2)); and manufacture 
date of the product. A rectangular box shall be placed around the model 
name, model number, and manufacture date. A manufacturer may list the 
brand name in addition to the manufacturer's name.
    (ii) Retention statement. On the back of each form, just above the 
perforation line, the form shall state: ``KEEP THIS TOP PART FOR YOUR 
RECORDS. FILL OUT AND RETURN BOTTOM PART.''
    (2) Bottom back of form. (i) Consumer information. The bottom 
portion of the back of each form shall have blocks for the consumer to 
provide his/her name, address, telephone number, and email address. 
These blocks shall be 5 mm wide and 7 mm high, with as many blocks as 
possible to fill the width of the card allowing for normal printing 
practices.
    (ii) Product information. The following product information shall 
be provided on the bottom portion of the back of each form below the 
blocks for consumer information printed directly on the form or on a 
pre-printed label that is applied to the form: the model name and 
number (or other identifier as described in Sec.  1130.4(a)(1) and 
(2)), and the date of manufacture of the product. A rectangular box 
shall be placed around the model name, model number, and manufacture 
date. A manufacturer may include its name on the bottom portion of the 
back of the form if they choose to do so.


Sec.  1130.7  [Removed]

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5. Remove Sec.  1130.7.


Sec. Sec.  1130.8 and 1130.9  [Redesignated as Sec. Sec.  1130.7 and 
1130.8]

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6. Redesignate Sec. Sec.  1130.8 and 1130.9 as Sec. Sec.  1130.7 and 
1130.8, respectively.

0
7. In newly redesignated Sec.  1130.8, add paragraphs (d) and (e) to 
read as follows:


Sec.  1130.8  Requirements for Web site registration or alternative 
email registration.

* * * * *
    (d) Records required under this section shall be made available 
within 24 hours, upon the request of any officer, employee, or agent 
acting on behalf of the U.S. Consumer Product Safety Commission.
    (e) Optional barcode. (1) A manufacturer may include a barcode, or 
other machine readable data, that when scanned would provide a direct 
link for the consumer to register the product.
    (2) Such a link must comply with all the requirements of this part 
1130, including those in Sec.  1130.7 and the restriction that the 
manufacturer shall not use or disseminate the consumer registration 
information for any purpose other than notifying the consumer of a 
safety alert or recall.

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8. Revise Figure 1 to Part 1130--Front of Registration Form to read as 
follows:
BILLING CODE 6355-01-P

[[Page 9526]]

[GRAPHIC] [TIFF OMITTED] TR17FE12.006


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9. Revise Figure 2 to Part 1130--Back of Registration Form to read as 
follows:

[[Page 9527]]

[GRAPHIC] [TIFF OMITTED] TR17FE12.007


    Dated: February 13, 2012.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2012-3712 Filed 2-16-12; 8:45 am]
BILLING CODE 6355-01-C