---
kind: "section"
citation: "16 C.F.R. § 1061.8"
title: "16"
number: "1061.8"
heading: "Information on the heightened degree of protection afforded."
url: "https://uscodex.org/cfr/16/1061.8"
---

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


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

### 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.