Amendment to Requirements for Consumer Registration of Durable Infant or Toddler Products, 50542-50545 [2018-21865]

Download as PDF 50542 Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules (i) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Section, Transport Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Section, send it to the attention of the person identified in paragraph (j)(2) of this AD. Information may be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or the European Aviation Safety Agency (EASA); or Airbus Defense and Space S.A.’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (j) Related Information amozie on DSK3GDR082PROD with PROPOSALS1 (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2018–0134, dated June 25, 2018, for related information. This MCAI may be found in the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2018–0805. (2) For more information about this AD, contact Shahram Daneshmandi, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3220. (3) For service information identified in this AD, Airbus Defense and Space, Services/ Engineering support, Avenida de Arago´n 404, 28022 Madrid, Spain; telephone: +34 91 585 55 84; fax: +34 91 585 31 27; email: MTA.TechnicalService@airbus.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. Issued in Des Moines, Washington, on September 19, 2018. John P. Piccola, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2018–21608 Filed 10–5–18; 8:45 am] BILLING CODE 4910–13–P VerDate Sep<11>2014 18:49 Oct 05, 2018 Jkt 247001 CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1130 [Docket No. CPSC–2018–0018] Amendment to Requirements for Consumer Registration of Durable Infant or Toddler Products Consumer Product Safety Commission. ACTION: Proposed rule. AGENCY: In 2009, the Consumer Product Safety Commission (CPSC) fulfilled a statutory requirement in the Consumer Product Safety Improvement Act of 2008 (CPSIA) to issue a rule requiring manufacturers of durable infant or toddler products to establish a consumer registration program. The Commission now proposes to amend the definition of ‘‘durable infant or toddler product’’ in the rule to include the full statutory definition; clarify that the scope of each listed product category is further defined in the applicable mandatory standard; clarify listed product categories using the product name in the applicable mandatory standard; and clarify the scope of the infant carriers and bassinets and cradles product categories. DATES: Submit comments by December 24, 2018. ADDRESSES: Comments, identified by Docket No. CPSC–2018–0018, may be submitted electronically or in writing: Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at: https:// www.regulations.gov. Follow the instructions for submitting comments. CPSC does not accept comments submitted by electronic mail (email), except through www.regulations.gov. CPSC encourages you to submit electronic comments by using the Federal eRulemaking Portal, as described above. Written Submissions: Submit written submissions in the following way: Mail/ Hand delivery/Courier (for paper, disk, or CD–ROM submissions) to: Division of the Secretariat, Consumer Product Safety Commission, Room 820, 4330 East-West Highway, Bethesda, MD 20814; telephone (301) 504–7923. Instructions: All submissions received must include the agency name and docket number for this proposed rulemaking. All comments received may be posted without change, including any personal identifiers, contact information, or other personal information provided, to: https:// www.regulations.gov. Do not submit SUMMARY: PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 electronically any confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If you wish to provide such information, please submit it in writing. Docket: For access to the docket to read background documents or comments received, go to: https:// www.regulations.gov, and insert the docket number, CPSC–2018–0018, into the ‘‘Search’’ box, and follow the prompts. FOR FURTHER INFORMATION CONTACT: Hope EJ Nesteruk, Project Manager, Children’s Program Manager, Division of Mechanical and Combustion Engineering, Consumer Product Safety Commission, 5 Research Place, Rockville, MD 20850; telephone: 301– 987–2579; email: HNesteruk@cpsc.gov. SUPPLEMENTARY INFORMATION: I. Background and Statutory Authority Section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) is the Danny Keysar Child Product Safety Notification Act. Section 104 of the CPSIA requires that for ‘‘durable infant or toddler products,’’ the U.S. Consumer Product Safety Commission (CPSC) must (1) issue a mandatory rule for each product based on the applicable voluntary standard, and (2) issue a rule requiring consumer registration for such products. 15 U.S.C. 2056a(b) and (d).1 In 2009, the Commission issued a regulation to implement the second requirement, that manufacturers provide a means for consumers to register ‘‘durable infant or toddler products,’’ so that consumers can receive direct notification in the event of a product recall. The rule is codified at 16 CFR part 1130, Requirements for Consumer Registration of Durable Infant or Toddler Products (‘‘part 1130’’ or the ‘‘consumer registration rule’’). The two aspects of section 104, consumer registration and product standards, are both based on the definition of ‘‘durable infant or toddler product’’ set forth in section 104(f) of the CPSIA: ‘‘durable products intended for use, or that may be reasonably expected to be used, by children under the age of 5 years.’’ The statute lists 12 product categories included within the definition, such as cribs, toddler beds, high chairs, strollers, and swings. In a 1 Since 2009, the Commission has issued final rules for 22 durable infant or toddler products, and issued one proposed rule for Inclined Infant Sleep Products that has not yet been finalized. Mandatory standards for durable infant or toddler products are codified in 16 CFR parts 1215 through 1235, and part 1237. Part 1236 is reserved for Inclined Infant Sleep Products. E:\FR\FM\09OCP1.SGM 09OCP1 Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules 2009 rulemaking, the Commission explained that the list of products in section 104(f), and codified in the Commission’s consumer registration rule in 16 CFR 1130.2, is not static. At that time, the Commission added six product categories to the 12 listed in the CPSIA. 74 FR 68668, 68669 (Dec. 29, 2009). The Commission proposes to make the following changes to part 1130 to clarify the products the rule covers: • State the full statutory definition of ‘‘durable infant or toddler product’’ in section 104(f)(1); • Specify that the listed product categories are further defined in the applicable mandatory standards; • List ‘‘sling carriers,’’ ‘‘soft infant and toddler carriers,’’ ‘‘handheld infant carriers,’’ and ‘‘frame child carriers’’ as a subset of infant carriers, to avoid confusion regarding whether they are subject to the consumer registration rule and to reflect each product category using the name of the applicable mandatory standard; • Clarify that ‘‘bedside sleepers’’ are a subset of bassinets, to avoid confusion regarding whether they are subject to the consumer registration rule and to reflect the product name used in the mandatory standard; and • Revise the term ‘‘changing tables’’ to ‘‘baby changing products,’’ to reflect the product name used in the mandatory standard. This proposed rule is based on a briefing package CPSC staff provided to the Commission on September 26, 2018, Notice of Proposed Rulemaking: Updates to 16 CFR part 1130, Consumer Registration of Durable Infant or Toddler Products (Staff Briefing Package).2 II. Description of the Proposed Rule amozie on DSK3GDR082PROD with PROPOSALS1 A. Definition The Commission proposes to update the definition of ‘‘durable infant or toddler product’’ in 16 CFR 1130.2(a) to state the full statutory definition of ‘‘durable infant or toddler product’’ and to clarify that the scope of the product categories listed can be found in the applicable mandatory standard. Section 104(f) of the CPSIA defines the term ‘‘durable infant or toddler product’’ as ‘‘a durable product intended for use, or that may be reasonably expected to be used, by children under the age of 5 2 Staff Briefing Package available at: https:// www.cpsc.gov/s3fs-public/NPR%20%20Amendment%20to%20Requirements%20 for%20Consumer%20Registration%20Durable %20Infant%20or%20Toddler%20Products%20%20September%2026%202018.pdf?mYkYTfN kAYZ9KDgLEmbA.Mv5s.4P9UqW. VerDate Sep<11>2014 18:49 Oct 05, 2018 Jkt 247001 years,’’ and states that the definition ‘‘includes’’ 12 categories of products: (A) full-size cribs and nonfull-size cribs; (B) toddler beds; (C) high chairs; booster chairs, and hookon-chairs; (D) bath seats; (E) gates and other enclosures for confining a child; (F) play yards; (G) stationary activity centers; (H) infant carriers; (I) strollers; (J) walkers; (K) swings; and (L) bassinets and cradles. When the Commission finalized the consumer registration rule in 2009, the Commission listed the 12 statutory product categories, as well as six additional product categories the Commission determined fell within the scope of a ‘‘durable infant or toddler product’’: Children’s folding chairs, changing tables, infant bouncers, infant bathtubs, bed rails, and infant slings. 74 FR at 68669–70. However, the rule did not repeat the statutory phrase: ‘‘a durable product intended for use, or that may be reasonably expected to be used, by children under the age of 5 years.’’ Thus, currently one must look at both section 104(f) of the CPSIA and 16 CFR 1130.2 of the regulation to understand the full definition of ‘‘durable infant or toddler product.’’ B. Product Categories Since 2009, as the Commission has issued mandatory rules for the durable infant or toddler products, occasionally the name of the product category in the defined list does not match the name of the product category covered by a mandatory standard, or the scope of the products covered within a product category may be unclear. To clarify the product categories subject to the consumer registration rule, the Commission proposes to list in the rule the name of each product category that aligns with the name of the product category used in the applicable voluntary or mandatory standard.3 Further, to provide information on the scope of the products covered by a product category, the Commission proposes to state in the rule that the scope of the product category is further defined in the applicable mandatory standard. 3 Some products may be listed in part 1130 before the Commission issues the corresponding mandatory standard. In those cases, the Commission will list the product category as defined in the current voluntary standard, which typically provides specificity about the scope of the product category. PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 50543 1. Infant Carriers Section 104(f)(H) of the CPSIA lists ‘‘infant carriers’’ as a product category included in the term ‘‘durable infant or toddler products.’’ However, ASTM international has four separate voluntary standards for infant carriers, and the Commission has now issued four separate mandatory standards, one for each subtype of infant carrier: • 16 CFR 1225, Hand-Held Infant Carriers • 16 CFR 1226, Soft Infant and Toddler Carriers • 16 CFR 1228, Sling Carriers • 16 CFR 1230, Frame Child Carriers Although the Commission added ‘‘Infant Slings’’ to the list of products in 16 CFR 1130.2(a) when finalizing the 2009 consumer registration rule, the registration rule does not list the other sub-categories of infant carriers. To clarify that all four types of infant carriers are subject to the consumer registration requirement, the Commission proposes to list each type of infant carrier in § 1130.2(a)(8) as a subset of the infant carrier category, using the name in the applicable mandatory standard. Accordingly, the Commission proposes to revise § 1130.2(a)(8), which currently states ‘‘Infant carriers,’’ to state: ‘‘Infant carriers, including soft infant and toddler carriers, hand-held infant carriers, sling carriers, and frame child carriers.’’ The Commission also proposes to delete ‘‘infant slings’’ as a separate product category in § 1130.2(a)(18), and to change the product name from ‘‘infant slings’’ to ‘‘sling carriers’’ in the revised § 1130.2(a)(8), to align with the name of the mandatory rule in part 1228. Thus, the proposed language retains the statutorily-defined category of ‘‘infant carrier’’ while clarifying the four types of infant carriers subject to part 1130. 2. Bedside Sleepers Currently, the product ‘‘bedside sleepers’’ 4 is not listed in part 1130. However, when the Commission issued a mandatory rule pursuant to section 104(b) of the CPSIA (codified at 16 CFR part 1222) for bedside sleepers, the Commission considered bedside sleepers to be a subset of ‘‘bassinets and cradles.’’ In fact, the bedside sleeper voluntary standard, ASTM F2906, 4 A bedside sleeper is a bassinet-type product, intended to provide a sleeping environment for an infant up to approximately 5 months of age, or when a child begins to push up on his or her hands and knees, whichever comes first. These products are designed to be secured to an adult bed, for the purpose of having a baby sleep in close proximity to an adult. E:\FR\FM\09OCP1.SGM 09OCP1 50544 Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules requires testing to ASTM F2194, Standard Consumer Safety Specification for Bassinets and Cradles, as the fundamental safety requirement for bedside sleepers. 79 FR 2581, 2583 (Jan. 15, 2014). Many bedside sleepers on the market are multi-use products that also function as play yards or stand-alone bassinets; such multi-use products are required to provide a consumer registration for their play yard or bassinet mode. However, because bedside sleepers are not specifically listed in part 1130, it may be unclear whether a stand-alone bedside sleeper, i.e., without a secondary use mode, is subject to the consumer registration rule. To resolve any confusion, the Commission proposes to list ‘‘bedside sleepers’’ as a type of bassinet. Accordingly, the Commission proposes to revise § 1130.2(a)(12), which currently states: ‘‘Bassinets and cradles,’’ to state: ‘‘Bassinets and cradles, including bedside sleepers.’’ amozie on DSK3GDR082PROD with PROPOSALS1 3. Changing Tables Currently, ‘‘changing tables’’ is listed as a durable infant or toddler product in 16 CFR 1130.2(14). However, the Commission’s standard for these products is called ‘‘Safety Standard for Baby Changing Products,’’ codified at 16 CFR part 1235.5 CPSC’s standard covers products that are included in the scope of the voluntary standard on which it is based, ASTM F2388–18, Standard Consumer Safety Specification for Baby Changing Products for Domestic Use. Accordingly, CPSC’s standard includes changing tables, changing table accessories, contoured changing pads, and add-on changing units. Changing table accessories attach to another product to allow it to function as a changing table, and are typically included with the purchase of another product (e.g., crib or play yard) that currently requires product registration. Contoured changing pads and add-on changing units are typically sold independently of other products requiring registration. The Commission proposes revising § 1130.2(a)(14) to change the term ‘‘changing tables’’ to ‘‘baby changing products’’ to be consistent with the Commission’s mandatory standard. III. Effective Date The Administrative Procedure Act generally requires that the effective date of a rule be at least 30 days after publication of the final rule. This 5 The final rule for baby changing products was published June 26, 2018, and will become effective 12 months later. VerDate Sep<11>2014 18:49 Oct 05, 2018 Jkt 247001 proposed rule clarifies existing product categories and expands one product category. Accordingly, the Commission proposes two effective dates. A. Thirty-Day Effective Date Most of the changes in this proposed rule are clarifications to the definition of ‘‘durable infant or toddler product’’ to state the full statutory definition, and to more clearly identify product categories that already are subject to the consumer registration rule (i.e., the statutory definition, infant carrier list, and bedside sleepers). Because these revisions clarify the text of the rule, and do not impose new burden on any manufacturer, the Commission proposes a 30-day effective date for the addition of the statutory language in § 1130.2(a), as well as the clarifications to product categories in sections 1130.2(a)(8), (a)(11), and (a)(12). B. Twelve-Month Effective Date A thirty day effective date is likely insufficient for products that have not previously been required to establish a consumer registration program. In the 2009 registration rulemaking the Commission provided a 12-month effective date for the six product categories the Commission added and six months for the other aspects of the rule. The Commission’s decision to allow a 12-month effective date for added product categories was based on three comments expressing concern that 6 months would be insufficient to establish a consumer registration program, and requesting a one year effective date instead. Contoured changing pads have not previously been subject to the registration requirement. Although some manufacturers and importers of contoured changing pads likely distribute other durable infant and toddler products and would, therefore, have an established consumer registration program, the staff briefing package for the final rule for baby changing products identified 25 firms that supply only contoured changing pads to the market and no other changing products.6 At least 13 of these firms are not otherwise in the durable infant and toddler product market; therefore, they are unlikely to have an existing consumer registration program. Accordingly, the Commission proposes a 12-month effective date for contoured changing pads. The other types of ‘‘baby changing products,’’ (changing tables, changing table accessories, and add-on 6 Available at: https://www.cpsc.gov/s3fs-public/ Final%20Rule%20-%20Safety%20Standard%20for %20Baby%20Changing%20Products%20-%20June %2013%202018.pdf. PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 changing units) have all been required to be in compliance with part 1130 since December 29, 2010 under the previously listed category ‘‘changing tables.’’ 74 FR at 68669. Therefore, the 12-month effective date would only apply to contoured changing pads. IV. Regulatory Flexibility Act Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601–612, when a notice of proposed rulemaking is required, agencies must review the proposed rule for the rule’s potential economic impact on small entities, including small businesses. Section 603 of the RFA generally requires that agencies prepare an initial regulatory flexibility analysis (IRFA) and make it available to the public for comment when the NPR is published, unless the head of the agency certifies that the rule will not have a significant economic impact on a substantial number small entities. However, pursuant to section 104(d)(1) of the CPSIA, the provision that establishes the requirement for a consumer registration rule, the RFA does not apply when promulgating a rule under this provision. Consequently, the Commission has not prepared an IRFA and no certification is necessary. We note that the amendment mostly provides clarifications that would not have any economic impact. Providing a 12 month effective date for the one product that has not been subject to the registration rule, contoured changing pads, should reduce the economic impact on manufacturers of those products. V. Environmental Considerations The Commission’s regulations address whether the agency is required to prepare an environmental assessment or an environmental impact statement. Under these regulations, certain categories of CPSC actions normally have ‘‘little or no potential for affecting the human environment,’’ and therefore, they do not require an environmental assessment or an environmental impact statement. 16 CFR 1021.5. This proposed rule falls within the categorical exclusion to prepare an environmental impact statement. VI. Paperwork Reduction Act Section 104(d)(1) of the CPSIA excludes this rulemaking from the requirements of the Paperwork Reduction Act, 44 U.S.C. 3501 through 3520. Consequently, no Paperwork Reduction Act analysis is necessary. VII. Preemption Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that when a consumer E:\FR\FM\09OCP1.SGM 09OCP1 Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules product safety standard is in effect and applies to a product, no state or political subdivision of a state may either establish or continue in effect a standard or regulation that prescribes requirements for the performance, composition, contents, design, finish, construction, packaging, or labeling of such product dealing with the same risk of injury unless the state requirement is identical to the federal standard. The Commission’s authority to issue this consumer registration rule is section 16(b) of the CPSA, 15 U.S.C. 2065(b). Accordingly, this rule is not a consumer product safety standard, and the preemption provision of section 26(a) of the CPSA does not apply to any final rule issued by the Commission. the Commission issues under section 104(b) of the Consumer Product Safety Improvement Act of 2008, and include products that are combinations of the following product categories: * * * * * (8) Infant carrier, including soft infant and toddler carriers, hand-held infant carriers, sling carriers, and frame child carriers; * * * * * (11) Swings; (12) Bassinets and cradles, including bedside sleepers; * * * * * (14) Baby changing products; * * * * * (17) Bed rails. List of Subjects in 16 CFR Part 1130 Alberta E. Mills, Secretary, Consumer Product Safety Commission. Administrative practice and procedure, Business and industry, Consumer protection, Reporting and recordkeeping requirements. [FR Doc. 2018–21865 Filed 10–5–18; 8:45 am] BILLING CODE 6355–01–P For the reasons discussed in the preamble, the Commission proposes to amend part 1130 of title 16 of the Code of Federal Regulations as follows: Coast Guard PART 1130—REQUIREMENTS FOR CONSUMER REGISTRATION OF DURABLE INFANT OR TODDLER PRODUCTS 33 CFR Part 165 [Docket Number USCG–2018–0843] 1. The authority citation for part 1130 continues to read as follows: ■ Authority: 15 U.S.C. 2056a, 2065(b). 2. Amend § 1130.1 by revising the last sentence in paragraph (c) to read as follows: ■ § 1130.1 date. amozie on DSK3GDR082PROD with PROPOSALS1 * * * * (c) * * * Compliance with this part 1130 shall be required on [DATE THAT IS 12 MONTHS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER] for contoured changing pads (a type of baby changing product). The rule shall apply to durable infant or toddler products, as defined in § 1130.2(a), that are manufactured on or after those dates. ■ 3. Amend § 1130.2 by: ■ a. Revising paragraphs (a) introductory text and (a)(8), (11), (12), (14), and (17); and ■ c. Removing paragraph (a)(18). The revision reads as follows: (a) Definition of Durable Infant or Toddler Product means the following products intended for use, or that may be reasonably expected to be used, by children under the age of 5 years. The listed product categories are further defined in the applicable standards that VerDate Sep<11>2014 18:49 Oct 05, 2018 Jkt 247001 RIN 1625–AA00 Safety Zone; Barters Island Bridge, Back River, Barters Island, ME Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to establish a safety zone for the navigable waters within a 50 yard radius from the center point of the Barters Island Bridge, on the Back River, ME, approximately 4.6 miles north of the mouth of the waterway. When enforced, this proposed rulemaking would prohibit persons and vessels from being in the safety zone during bridge replacement operations unless authorized by the Captain of the Port Northern New England or a designated representative, which could pose as imminent hazard to persons and vessels operating in the area. The safety zone is necessary to protect personnel, vessels, and the marine environment from potential hazards created by the demolition, subsequent removal, and replacement of the Barters Island Bridge and a temporary bridge. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before November 8, 2018. SUMMARY: Purpose, scope, and effective * DEPARTMENT OF HOMELAND SECURITY PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 50545 You may submit comments identified by docket number USCG– 2018–0843 using the Federal eRulemaking Portal at https:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email LT Matthew Odom, Waterways Management Division, U.S. Coast Guard Sector Northern New England, telephone 207– 347–5015, email Matthew.T.Odom@ uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code MEDOT Maine Department of Transportation II. Background, Purpose, and Legal Basis On April 27, 2018, the Maine Department of Transportation (MEDOT) applied for a bridge construction permit for Barter’s Island Bridge with the Coast Guard. On June 22, 2018, the Coast Guard issued Public Notice 1–164, published it on the USCG Navigation Center website, and solicited comments through July 23, 2018. Three comments were received in response to the public notice: One commenter requested the project be stopped if any human remains, archaeological properties or other items of historical importance are unearthed and we report the findings. A second commenter notified us this project will not affect any Penobscot cultural/historic properties or interests and had no objection. A third commenter stated that Tennessee Gas Pipeline currently does not have facilities within the area. There were no statements of objection. On August 22, 2018, MEDOT requested by letter that the Coast Guard impose waterway restrictions on the Back River around the Barters Island Bridge between Hodgdon Island and Barters Island in Boothbay Harbor in support of the bridge improvements. The project includes the replacement of the swing span of the bridge and the existing center pier. A temporary fixed bridge will be used to maintain vehicle traffic during construction of the new bridge. The temporary fixed bridge will E:\FR\FM\09OCP1.SGM 09OCP1

Agencies

Consumer Product Safety Commission

[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Proposed Rules]
[Pages 50542-50545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21865]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1130

[Docket No. CPSC-2018-0018]


Amendment to Requirements for Consumer Registration of Durable 
Infant or Toddler Products

AGENCY: Consumer Product Safety Commission.

ACTION: Proposed rule.

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SUMMARY: In 2009, the Consumer Product Safety Commission (CPSC) 
fulfilled a statutory requirement in the Consumer Product Safety 
Improvement Act of 2008 (CPSIA) to issue a rule requiring manufacturers 
of durable infant or toddler products to establish a consumer 
registration program. The Commission now proposes to amend the 
definition of ``durable infant or toddler product'' in the rule to 
include the full statutory definition; clarify that the scope of each 
listed product category is further defined in the applicable mandatory 
standard; clarify listed product categories using the product name in 
the applicable mandatory standard; and clarify the scope of the infant 
carriers and bassinets and cradles product categories.

DATES: Submit comments by December 24, 2018.

ADDRESSES: Comments, identified by Docket No. CPSC-2018-0018, may be 
submitted electronically or in writing:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: https://www.regulations.gov. Follow the 
instructions for submitting comments. CPSC does not accept comments 
submitted by electronic mail (email), except through 
www.regulations.gov. CPSC encourages you to submit electronic comments 
by using the Federal eRulemaking Portal, as described above.
    Written Submissions: Submit written submissions in the following 
way: Mail/Hand delivery/Courier (for paper, disk, or CD-ROM 
submissions) to: Division of the Secretariat, Consumer Product Safety 
Commission, Room 820, 4330 East-West Highway, Bethesda, MD 20814; 
telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and docket number for this proposed rulemaking. All comments received 
may be posted without change, including any personal identifiers, 
contact information, or other personal information provided, to: https://www.regulations.gov. Do not submit electronically any confidential 
business information, trade secret information, or other sensitive or 
protected information that you do not want to be available to the 
public. If you wish to provide such information, please submit it in 
writing.
    Docket: For access to the docket to read background documents or 
comments received, go to: https://www.regulations.gov, and insert the 
docket number, CPSC-2018-0018, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Hope EJ Nesteruk, Project Manager, 
Children's Program Manager, Division of Mechanical and Combustion 
Engineering, Consumer Product Safety Commission, 5 Research Place, 
Rockville, MD 20850; telephone: 301-987-2579; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Statutory Authority

    Section 104 of the Consumer Product Safety Improvement Act of 2008 
(CPSIA) is the Danny Keysar Child Product Safety Notification Act. 
Section 104 of the CPSIA requires that for ``durable infant or toddler 
products,'' the U.S. Consumer Product Safety Commission (CPSC) must (1) 
issue a mandatory rule for each product based on the applicable 
voluntary standard, and (2) issue a rule requiring consumer 
registration for such products. 15 U.S.C. 2056a(b) and (d).\1\ In 2009, 
the Commission issued a regulation to implement the second requirement, 
that manufacturers provide a means for consumers to register ``durable 
infant or toddler products,'' so that consumers can receive direct 
notification in the event of a product recall. The rule is codified at 
16 CFR part 1130, Requirements for Consumer Registration of Durable 
Infant or Toddler Products (``part 1130'' or the ``consumer 
registration rule'').
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    \1\ Since 2009, the Commission has issued final rules for 22 
durable infant or toddler products, and issued one proposed rule for 
Inclined Infant Sleep Products that has not yet been finalized. 
Mandatory standards for durable infant or toddler products are 
codified in 16 CFR parts 1215 through 1235, and part 1237. Part 1236 
is reserved for Inclined Infant Sleep Products.
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    The two aspects of section 104, consumer registration and product 
standards, are both based on the definition of ``durable infant or 
toddler product'' set forth in section 104(f) of the CPSIA: ``durable 
products intended for use, or that may be reasonably expected to be 
used, by children under the age of 5 years.'' The statute lists 12 
product categories included within the definition, such as cribs, 
toddler beds, high chairs, strollers, and swings. In a

[[Page 50543]]

2009 rulemaking, the Commission explained that the list of products in 
section 104(f), and codified in the Commission's consumer registration 
rule in 16 CFR 1130.2, is not static. At that time, the Commission 
added six product categories to the 12 listed in the CPSIA. 74 FR 
68668, 68669 (Dec. 29, 2009).
    The Commission proposes to make the following changes to part 1130 
to clarify the products the rule covers:
     State the full statutory definition of ``durable infant or 
toddler product'' in section 104(f)(1);
     Specify that the listed product categories are further 
defined in the applicable mandatory standards;
     List ``sling carriers,'' ``soft infant and toddler 
carriers,'' ``handheld infant carriers,'' and ``frame child carriers'' 
as a subset of infant carriers, to avoid confusion regarding whether 
they are subject to the consumer registration rule and to reflect each 
product category using the name of the applicable mandatory standard;
     Clarify that ``bedside sleepers'' are a subset of 
bassinets, to avoid confusion regarding whether they are subject to the 
consumer registration rule and to reflect the product name used in the 
mandatory standard; and
     Revise the term ``changing tables'' to ``baby changing 
products,'' to reflect the product name used in the mandatory standard.
    This proposed rule is based on a briefing package CPSC staff 
provided to the Commission on September 26, 2018, Notice of Proposed 
Rulemaking: Updates to 16 CFR part 1130, Consumer Registration of 
Durable Infant or Toddler Products (Staff Briefing Package).\2\
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    \2\ Staff Briefing Package available at: https://www.cpsc.gov/s3fs-public/NPR%20-%20Amendment%20to%20Requirements%20for%20Consumer%20Registration%20Durable%20Infant%20or%20Toddler%20Products%20-%20September%2026%202018.pdf?mYkYTfNkAYZ9KDgLEmbA.Mv5s.4P9UqW.
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II. Description of the Proposed Rule

A. Definition

    The Commission proposes to update the definition of ``durable 
infant or toddler product'' in 16 CFR 1130.2(a) to state the full 
statutory definition of ``durable infant or toddler product'' and to 
clarify that the scope of the product categories listed can be found in 
the applicable mandatory standard. Section 104(f) of the CPSIA defines 
the term ``durable infant or toddler product'' as ``a durable product 
intended for use, or that may be reasonably expected to be used, by 
children under the age of 5 years,'' and states that the definition 
``includes'' 12 categories of products:

    (A) full-size cribs and nonfull-size cribs;
    (B) toddler beds;
    (C) high chairs; booster chairs, and hook-on-chairs;
    (D) bath seats;
    (E) gates and other enclosures for confining a child;
    (F) play yards;
    (G) stationary activity centers;
    (H) infant carriers;
    (I) strollers;
    (J) walkers;
    (K) swings; and
    (L) bassinets and cradles.

    When the Commission finalized the consumer registration rule in 
2009, the Commission listed the 12 statutory product categories, as 
well as six additional product categories the Commission determined 
fell within the scope of a ``durable infant or toddler product'': 
Children's folding chairs, changing tables, infant bouncers, infant 
bathtubs, bed rails, and infant slings. 74 FR at 68669-70. However, the 
rule did not repeat the statutory phrase: ``a durable product intended 
for use, or that may be reasonably expected to be used, by children 
under the age of 5 years.'' Thus, currently one must look at both 
section 104(f) of the CPSIA and 16 CFR 1130.2 of the regulation to 
understand the full definition of ``durable infant or toddler 
product.''

B. Product Categories

    Since 2009, as the Commission has issued mandatory rules for the 
durable infant or toddler products, occasionally the name of the 
product category in the defined list does not match the name of the 
product category covered by a mandatory standard, or the scope of the 
products covered within a product category may be unclear. To clarify 
the product categories subject to the consumer registration rule, the 
Commission proposes to list in the rule the name of each product 
category that aligns with the name of the product category used in the 
applicable voluntary or mandatory standard.\3\ Further, to provide 
information on the scope of the products covered by a product category, 
the Commission proposes to state in the rule that the scope of the 
product category is further defined in the applicable mandatory 
standard.
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    \3\ Some products may be listed in part 1130 before the 
Commission issues the corresponding mandatory standard. In those 
cases, the Commission will list the product category as defined in 
the current voluntary standard, which typically provides specificity 
about the scope of the product category.
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1. Infant Carriers
    Section 104(f)(H) of the CPSIA lists ``infant carriers'' as a 
product category included in the term ``durable infant or toddler 
products.'' However, ASTM international has four separate voluntary 
standards for infant carriers, and the Commission has now issued four 
separate mandatory standards, one for each subtype of infant carrier:

 16 CFR 1225, Hand-Held Infant Carriers
 16 CFR 1226, Soft Infant and Toddler Carriers
 16 CFR 1228, Sling Carriers
 16 CFR 1230, Frame Child Carriers

    Although the Commission added ``Infant Slings'' to the list of 
products in 16 CFR 1130.2(a) when finalizing the 2009 consumer 
registration rule, the registration rule does not list the other sub-
categories of infant carriers. To clarify that all four types of infant 
carriers are subject to the consumer registration requirement, the 
Commission proposes to list each type of infant carrier in Sec.  
1130.2(a)(8) as a subset of the infant carrier category, using the name 
in the applicable mandatory standard.
    Accordingly, the Commission proposes to revise Sec.  1130.2(a)(8), 
which currently states ``Infant carriers,'' to state: ``Infant 
carriers, including soft infant and toddler carriers, hand-held infant 
carriers, sling carriers, and frame child carriers.'' The Commission 
also proposes to delete ``infant slings'' as a separate product 
category in Sec.  1130.2(a)(18), and to change the product name from 
``infant slings'' to ``sling carriers'' in the revised Sec.  
1130.2(a)(8), to align with the name of the mandatory rule in part 
1228. Thus, the proposed language retains the statutorily-defined 
category of ``infant carrier'' while clarifying the four types of 
infant carriers subject to part 1130.
2. Bedside Sleepers
    Currently, the product ``bedside sleepers'' \4\ is not listed in 
part 1130. However, when the Commission issued a mandatory rule 
pursuant to section 104(b) of the CPSIA (codified at 16 CFR part 1222) 
for bedside sleepers, the Commission considered bedside sleepers to be 
a subset of ``bassinets and cradles.'' In fact, the bedside sleeper 
voluntary standard, ASTM F2906,

[[Page 50544]]

requires testing to ASTM F2194, Standard Consumer Safety Specification 
for Bassinets and Cradles, as the fundamental safety requirement for 
bedside sleepers. 79 FR 2581, 2583 (Jan. 15, 2014).
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    \4\ A bedside sleeper is a bassinet-type product, intended to 
provide a sleeping environment for an infant up to approximately 5 
months of age, or when a child begins to push up on his or her hands 
and knees, whichever comes first. These products are designed to be 
secured to an adult bed, for the purpose of having a baby sleep in 
close proximity to an adult.
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    Many bedside sleepers on the market are multi-use products that 
also function as play yards or stand-alone bassinets; such multi-use 
products are required to provide a consumer registration for their play 
yard or bassinet mode. However, because bedside sleepers are not 
specifically listed in part 1130, it may be unclear whether a stand-
alone bedside sleeper, i.e., without a secondary use mode, is subject 
to the consumer registration rule. To resolve any confusion, the 
Commission proposes to list ``bedside sleepers'' as a type of bassinet. 
Accordingly, the Commission proposes to revise Sec.  1130.2(a)(12), 
which currently states: ``Bassinets and cradles,'' to state: 
``Bassinets and cradles, including bedside sleepers.''
3. Changing Tables
    Currently, ``changing tables'' is listed as a durable infant or 
toddler product in 16 CFR 1130.2(14). However, the Commission's 
standard for these products is called ``Safety Standard for Baby 
Changing Products,'' codified at 16 CFR part 1235.\5\ CPSC's standard 
covers products that are included in the scope of the voluntary 
standard on which it is based, ASTM F2388-18, Standard Consumer Safety 
Specification for Baby Changing Products for Domestic Use. Accordingly, 
CPSC's standard includes changing tables, changing table accessories, 
contoured changing pads, and add-on changing units. Changing table 
accessories attach to another product to allow it to function as a 
changing table, and are typically included with the purchase of another 
product (e.g., crib or play yard) that currently requires product 
registration. Contoured changing pads and add-on changing units are 
typically sold independently of other products requiring registration. 
The Commission proposes revising Sec.  1130.2(a)(14) to change the term 
``changing tables'' to ``baby changing products'' to be consistent with 
the Commission's mandatory standard.
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    \5\ The final rule for baby changing products was published June 
26, 2018, and will become effective 12 months later.
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III. Effective Date

    The Administrative Procedure Act generally requires that the 
effective date of a rule be at least 30 days after publication of the 
final rule. This proposed rule clarifies existing product categories 
and expands one product category. Accordingly, the Commission proposes 
two effective dates.

A. Thirty-Day Effective Date

    Most of the changes in this proposed rule are clarifications to the 
definition of ``durable infant or toddler product'' to state the full 
statutory definition, and to more clearly identify product categories 
that already are subject to the consumer registration rule (i.e., the 
statutory definition, infant carrier list, and bedside sleepers). 
Because these revisions clarify the text of the rule, and do not impose 
new burden on any manufacturer, the Commission proposes a 30-day 
effective date for the addition of the statutory language in Sec.  
1130.2(a), as well as the clarifications to product categories in 
sections 1130.2(a)(8), (a)(11), and (a)(12).

B. Twelve-Month Effective Date

    A thirty day effective date is likely insufficient for products 
that have not previously been required to establish a consumer 
registration program. In the 2009 registration rulemaking the 
Commission provided a 12-month effective date for the six product 
categories the Commission added and six months for the other aspects of 
the rule. The Commission's decision to allow a 12-month effective date 
for added product categories was based on three comments expressing 
concern that 6 months would be insufficient to establish a consumer 
registration program, and requesting a one year effective date instead.
    Contoured changing pads have not previously been subject to the 
registration requirement. Although some manufacturers and importers of 
contoured changing pads likely distribute other durable infant and 
toddler products and would, therefore, have an established consumer 
registration program, the staff briefing package for the final rule for 
baby changing products identified 25 firms that supply only contoured 
changing pads to the market and no other changing products.\6\ At least 
13 of these firms are not otherwise in the durable infant and toddler 
product market; therefore, they are unlikely to have an existing 
consumer registration program. Accordingly, the Commission proposes a 
12-month effective date for contoured changing pads. The other types of 
``baby changing products,'' (changing tables, changing table 
accessories, and add-on changing units) have all been required to be in 
compliance with part 1130 since December 29, 2010 under the previously 
listed category ``changing tables.'' 74 FR at 68669. Therefore, the 12-
month effective date would only apply to contoured changing pads.
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    \6\ Available at: https://www.cpsc.gov/s3fs-public/Final%20Rule%20-%20Safety%20Standard%20for%20Baby%20Changing%20Products%20-%20June%2013%202018.pdf.
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IV. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, when 
a notice of proposed rulemaking is required, agencies must review the 
proposed rule for the rule's potential economic impact on small 
entities, including small businesses. Section 603 of the RFA generally 
requires that agencies prepare an initial regulatory flexibility 
analysis (IRFA) and make it available to the public for comment when 
the NPR is published, unless the head of the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number small entities. However, pursuant to section 104(d)(1) of the 
CPSIA, the provision that establishes the requirement for a consumer 
registration rule, the RFA does not apply when promulgating a rule 
under this provision. Consequently, the Commission has not prepared an 
IRFA and no certification is necessary. We note that the amendment 
mostly provides clarifications that would not have any economic impact. 
Providing a 12 month effective date for the one product that has not 
been subject to the registration rule, contoured changing pads, should 
reduce the economic impact on manufacturers of those products.

V. Environmental Considerations

    The Commission's regulations address whether the agency is required 
to prepare an environmental assessment or an environmental impact 
statement. Under these regulations, certain categories of CPSC actions 
normally have ``little or no potential for affecting the human 
environment,'' and therefore, they do not require an environmental 
assessment or an environmental impact statement. 16 CFR 1021.5. This 
proposed rule falls within the categorical exclusion to prepare an 
environmental impact statement.

VI. Paperwork Reduction Act

    Section 104(d)(1) of the CPSIA excludes this rulemaking from the 
requirements of the Paperwork Reduction Act, 44 U.S.C. 3501 through 
3520. Consequently, no Paperwork Reduction Act analysis is necessary.

VII. Preemption

    Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that when a 
consumer

[[Page 50545]]

product safety standard is in effect and applies to a product, no state 
or political subdivision of a state may either establish or continue in 
effect a standard or regulation that prescribes requirements for the 
performance, composition, contents, design, finish, construction, 
packaging, or labeling of such product dealing with the same risk of 
injury unless the state requirement is identical to the federal 
standard. The Commission's authority to issue this consumer 
registration rule is section 16(b) of the CPSA, 15 U.S.C. 2065(b). 
Accordingly, this rule is not a consumer product safety standard, and 
the preemption provision of section 26(a) of the CPSA does not apply to 
any final rule issued by the Commission.

List of Subjects in 16 CFR Part 1130

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

    For the reasons discussed in the preamble, the Commission proposes 
to amend part 1130 of title 16 of the Code of Federal Regulations 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).

0
2. Amend Sec.  1130.1 by revising the last sentence in paragraph (c) to 
read as follows:


Sec.  1130.1  Purpose, scope, and effective date.

* * * * *
    (c) * * * Compliance with this part 1130 shall be required on [DATE 
THAT IS 12 MONTHS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL 
REGISTER] for contoured changing pads (a type of baby changing 
product). The rule shall apply to durable infant or toddler products, 
as defined in Sec.  1130.2(a), that are manufactured on or after those 
dates.
0
3. Amend Sec.  1130.2 by:
0
a. Revising paragraphs (a) introductory text and (a)(8), (11), (12), 
(14), and (17); and
0
c. Removing paragraph (a)(18).
    The revision reads as follows:
    (a) Definition of Durable Infant or Toddler Product means the 
following products intended for use, or that may be reasonably expected 
to be used, by children under the age of 5 years. The listed product 
categories are further defined in the applicable standards that the 
Commission issues under section 104(b) of the Consumer Product Safety 
Improvement Act of 2008, and include products that are combinations of 
the following product categories:
* * * * *
    (8) Infant carrier, including soft infant and toddler carriers, 
hand-held infant carriers, sling carriers, and frame child carriers;
* * * * *
    (11) Swings;
    (12) Bassinets and cradles, including bedside sleepers;
* * * * *
    (14) Baby changing products;
* * * * *
    (17) Bed rails.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2018-21865 Filed 10-5-18; 8:45 am]
 BILLING CODE 6355-01-P

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