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Notes

16 C.F.R. §§ 1061.5–1061.10

6 sections in range

§1061.5. Form of applications for exemption.

16 C.F.R. § 1061.5

An application for exemption shall:
(a)
Be written in the English language.
(b)
Clearly indicate that it is an application for an exemption from preemption by a Commission statute, standard, or regulation.
(c)
Identify the State or local requirement that is the subject of the application and give the date it was enacted or issued in final form.
(d)
Identify the specific Commission statute, standard, or regulation that is believed to preempt the State or local requirement.
(e)
Contain the name and address of the person, branch, department, agency, or other instrumentality of the State or local government that should be notified of the Commission's actions concerning the application.
(f)
Document the applicant's authority to act for, or on behalf of, the State or local government in applying for an exemption from preemption for the particular safety requirement in question.
(g)
Be signed by an individual having authority to apply for the exemption from federal preemption on behalf of the applicant.
(h)
Be submitted, in five copies, to the Secretary, Consumer Product Safety Commission, Washington, DC 20207.
Notes, amendments, and revision history

Authority

Authority: 15 U.S.C. 2075; 15 U.S.C. 1261n; 15 U.S.C. 1203; 15 U.S.C. 1476.

Source

Source: 56 FR 3416, Jan. 30, 1991, unless otherwise noted.

§1061.6. Contents of applications for exemption.

16 C.F.R. § 1061.6

Applications for exemption shall include the information specified in §§ 1061.7 through 1061.10. More generally, a State or local government seeking an exemption should provide the Commission with the most complete information possible in support of the findings the Commission is required to make in issuing an exemption regulation. If any of the specified information is omitted because it is unavailable or not relevent, such omission should be explained in the application.
Notes, amendments, and revision history

Authority

Authority: 15 U.S.C. 2075; 15 U.S.C. 1261n; 15 U.S.C. 1203; 15 U.S.C. 1476.

Source

Source: 56 FR 3416, Jan. 30, 1991, unless otherwise noted.

§1061.7. Documentation of the State or local requirement.

16 C.F.R. § 1061.7

An application for an exemption from preemption shall contain the following information:
(a)
A copy of the State or local requirement that is the subject of the application. Where available, the application shall also include copies of any legislative history or background materials used in issuing the requirement, including hearing reports or studies concerning the development or consideration of the requirement.
(b)
A written explanation of why compliance with the State or local requirement would not cause the product to be in violation of the applicable Commission statute, standard, or regulation.
Notes, amendments, and revision history

Authority

Authority: 15 U.S.C. 2075; 15 U.S.C. 1261n; 15 U.S.C. 1203; 15 U.S.C. 1476.

Source

Source: 56 FR 3416, Jan. 30, 1991, unless otherwise noted.

§1061.8. Information on the heightened degree of protection afforded.

16 C.F.R. § 1061.8

An application for an exemption from preemption shall also contain information demonstrating that the State or local requirement provides a significantly higher degree of protection from the risk of injury or illness than the preempting Commission statute, standard, or regulation. More specifically, an application shall contain:
(a)
A description of the risk of injury or illness addressed by the State or local requirement.
(b)
A detailed explanation of the State or local requirement and its rationale.
(c)
An analysis of differences between the State or local requirement and the Commission statute, standard, or regulation.
(d)
A detailed explanation of the State or local test method and its rationale.
(e)
Information comparing available test results for the Commission statute, standard, or regulation and the State or local requirement.
(f)
Information to show hazard reduction as a result of the State or local requirement, including injury data and results of accident simulation.
(g)
Any other information that is relevant to applicant's contention that the State or local requirement provides a significantly higher degree of protection than does the Commission statute, standard, or regulation.
(h)
Information regarding enforcement of the State or local requirement and sanctions that could be imposed for noncompliance.
Notes, amendments, and revision history

Authority

Authority: 15 U.S.C. 2075; 15 U.S.C. 1261n; 15 U.S.C. 1203; 15 U.S.C. 1476.

Source

Source: 56 FR 3416, Jan. 30, 1991, unless otherwise noted.

§1061.9. Information about the effect on interstate commerce.

16 C.F.R. § 1061.9

An application for exemption from preemption shall provide information on the effect on interstate commerce a granting of the requested exemption would be expected to cause, including the extent of the burden and the benefit to public health and safety that would be provided by the State or local requirement. More specifically, applications for exemption shall include, where available, information showing:
(a)
That it is technologically feasible to comply with the State or local requirement. Evidence of technological feasibility could take the form of:
(1)
Statements by affected persons indicating ability to comply with the State or local government requirement.
(2)
Statements indicating that other jurisdictions have established similar requirements that have been, or could be, met by persons affected by the requirement that is the subject of the application.
(3)
Information as to technological product or process modifications necessary to achieve compliance with the State or local requirement.
(4)
Any other information indicating the technological feasibility of compliance with the State or local requirement.
(b)
That it is economically feasible to comply with the State or local requirement, i.e., that there would not be significant adverse effects on the production and distribution of the regulated products. Evidence of economic feasibility could take the form of:
(1)
Information showing that the State or local requirement would not result in the unavailability (or result in a significant decline in the availability) of the product, either in the interstate market or within the geographic boundary of the State or local government imposing the requirement.
(2)
Statements from persons likely to be affected by the State or local requirement concerning the anticipated effect of the requirement on the availability or continued marketing of the product.
(3)
Any other information indicating the economic impact of compliance with the State or local requirement, such as projections of the anticipated effect of the State or local requirement on the sales and prices of the product, both in interstate commerce and within the geographic area of the State or local government.
(c)
The present geographic distribution of the product to which the State or local requirement would apply, and projections of future geographic distribution. Evidence of the geographic distribution could take the form of governmental or private information or data (including statements from manufacturers, distributors, or retailers of the product) showing advertising in the interstate market, interstate retailing, or interstate distribution.
(d)
The probability of other States or local governments applying for an exemption for a similar requirement. Evidence of the probability that other States or local governments would apply for an exemption could take the form of statements from other States or local governments indicating their intentions.
(e)
That specified local conditions require the State or local government to apply with the exemption in order to adequately protect the public health or safety of the State or local area.
Notes, amendments, and revision history

Authority

Authority: 15 U.S.C. 2075; 15 U.S.C. 1261n; 15 U.S.C. 1203; 15 U.S.C. 1476.

Source

Source: 56 FR 3416, Jan. 30, 1991, unless otherwise noted.

§1061.10. Information on affected parties.

16 C.F.R. § 1061.10

An application for an exemption from preemption shall include a statement which identifies in general terms, parties potentially affected by the State or local requirement, especially small businesses, including manufacturers, distributors, retailers, consumers, and consumer groups.
Notes, amendments, and revision history

Authority

Authority: 15 U.S.C. 2075; 15 U.S.C. 1261n; 15 U.S.C. 1203; 15 U.S.C. 1476.

Source

Source: 56 FR 3416, Jan. 30, 1991, unless otherwise noted.