Amendment to Requirements for Consumer Registration of Durable Infant or Toddler Products, 50542-50545 [2018-21865]
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Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Proposed Rules
(i) Other FAA AD Provisions
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has the authority to approve AMOCs for this
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inspector, the manager of the local flight
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district office.
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(j) Related Information
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(1) Refer to Mandatory Continuing
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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,
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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
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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
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:
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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.
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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
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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.
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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.
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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 § 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.
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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.’’
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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.
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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.
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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
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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.
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*
*
*
*
(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
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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
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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
[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