80 FR 25216 - Substantial Product Hazard List: Seasonal and Decorative Lighting Products
CONSUMER PRODUCT SAFETY COMMISSION Federal Register Volume 80, Issue 85 (May 4, 2015)
Federal Register Volume 80, Issue 85 (May 4, 2015)
| Page Range | 25216-25226 | |
| FR Document | 2015-10342 |
[Federal Register Volume 80, Number 85 (Monday, May 4, 2015)] [Rules and Regulations] [Pages 25216-25226] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-10342] ======================================================================= ----------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1120 [CPSC Docket No. CPSC-2014-0024] Substantial Product Hazard List: Seasonal and Decorative Lighting Products AGENCY: Consumer Product Safety Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Consumer Product Safety Commission (``CPSC'' or ``Commission'') is issuing a final rule to specify that seasonal and decorative lighting products that do not contain any one of three readily observable characteristics (minimum wire size, sufficient strain relief, or overcurrent protection), as addressed in a voluntary standard, are deemed a substantial product hazard under the Consumer Product Safety Act (``CPSA''). Additionally, the Commission is making a technical amendment to reformat incorporations by reference in this part. DATES: Effective date: The rule takes effect on June 3, 2015. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of June 3, 2015. FOR FURTHER INFORMATION CONTACT: Mary Kroh, Office of Compliance and Field Operations, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone: 301-987-7886; [email protected]. SUPPLEMENTARY INFORMATION: I. Background and Statutory Authority A. Statutory Authority Section 223 of the Consumer Product Safety Improvement Act of 2008 (``CPSIA''), amended section 15 of the CPSA, 15 U.S.C. 2064, to add a new subsection (j). Section 15(j) of the CPSA provides the Commission with the authority to specify, by rule, for any consumer product or class of consumer products, characteristics whose existence or absence are deemed a substantial product hazard under section 15(a)(2) of the CPSA. Section 15(a)(2) of the CPSA defines a ``substantial product hazard,'' in relevant part, as a product defect which (because of the pattern of defect, the number of defective products distributed in commerce, the severity of the risk, or otherwise) creates a substantial risk of injury to the public. A rule under section 15(j) of the CPSA (a ``15(j) rule'') is not a consumer product safety rule that imposes performance or labeling requirements for newly manufactured products. Rather, a 15(j) rule is a Commission determination of a product defect based upon noncompliance with specific product characteristics that are addressed in an effective voluntary standard. For the Commission to issue a 15(j) rule, the product characteristics involved must be ``readily observable'' and have been addressed by a voluntary standard. Moreover, the voluntary standard must be effective in reducing the risk of injury associated with the consumer products, and there must be substantial compliance with the voluntary standard. B. Background On October 16, 2014, the Commission issued a notice of proposed rulemaking (``NPR'') in the Federal Register to amend the substantial product hazard list in 16 CFR part 1120 (``part 1120'') to add seasonal and decorative lighting products that lack certain readily observable safety characteristics addressed by a voluntary standard because such products pose a risk of electrical shock or fire. 79 FR 62081. The comment period on the proposed rule closed on December 30, 2014. As detailed in section II of this preamble, the Commission received 62 comments on the proposed rule. The Commission is now issuing a final rule to amend part 1120 by adding three readily observable characteristics of seasonal and decorative lighting products: (1) Minimum wire size; (2) sufficient strain relief; and (3) overcurrent protection. After reviewing the comments, the Commission made [[Page 25217]] two clarifications in the final rule to define more clearly products that do not fall within the scope of the rule. Additionally, based on the comments, the Commission has corrected a citation to Underwriters Laboratories (``UL''), Standard for Safety for Seasonal and Holiday Decorative Products, UL 588, 18th Edition, approved on August 21, 2000 (``UL 588''), in the final rule. As of the effective date of this rule, seasonal and decorative lighting products that do not contain any one of these three readily observable characteristics, as set forth in UL 588, are deemed to create a substantial product hazard under section 15(a)(2) of the CPSA. C. Seasonal and Decorative Lighting Products The final rule uses the phrase ``seasonal and decorative lighting products'' to identify the lighting products that are within the scope of the rule. The final rule defines ``seasonal and decorative lighting products'' consistent with the description of products subject to UL 588, as set forth in section 1 of UL 588. ``Seasonal and decorative lighting products'' are portable, plug-connected, temporary-use lighting products and accessories that have a nominal 120-volt input voltage rating. Lighting products within the scope of the rule are factory-assembled with push-in, midget- or miniature-screw base lampholders connected in series or with candelabra- or intermediate- screw base lampholders connected in parallel, directly across the 120 volt input. Such lighting products include lighted decorative outfits, such as stars, wreathes, candles without shades, light sculptures, blow-molded (plastic) figures, and animated figures. Lighting products outside the scope of the rule include: Battery-operated products; solar-powered products; products that operate from a transformer or low-voltage power supply; flexible lighting products incorporating non- replaceable series and series/parallel-connected lamps enclosed within a flexible polymeric tube or extrusion; and portable electric lamps that are used to illuminate seasonal decorations. This definition of ``seasonal and decorative lighting products'' is adapted from descriptions of lighting products defined in section 1 of UL 588. All in-scope products are covered by UL 588. Lighting products within the scope of the rule are typically used seasonally and provide only decorative lumination. The products typically are displayed for a relatively short period of time and are then removed and stored until needed again. UL 588 section 2.43 defines the term ``seasonal (holiday) product'' as: ``[a] product painted in colors to suggest a holiday theme or a snow covering, a figure in a holiday costume, or any decoration associated with a holiday or particular season of the year.'' UL 588 defines ``decorative light products'' (decorative outfits) as factory-assembled, electrically powered units providing a seasonal or holiday decorative display having illumination or other decorative effects. A decorative product may contain a lighting string as part of the decorative illumination. A lighting string provided with decorative covers over the lamps is a decorative outfit. If not constructed properly, lighting powered by 120 volts can be damaged easily and can pose a risk of electrical shock or fire. Lighting products that are excluded from the scope of the rule are subject to different voluntary standards or do not present the same risk of injury. Based on the comments to the proposed rule, the final rule clarifies that ``solar-powered products'' are not within the scope of the rule because solar-powered seasonal lights are not connected to a 120-volt branch circuit and do not present the same risk of injury due to shock and fire. Additionally, the final rule clarifies the type of tube lighting that is not within the scope of the rule. The proposed rule used the phrase ``flexible tube lighting strings of lights intended for illumination.'' The final rule replaces this phrase with: ``flexible lighting products incorporating non-replaceable series and series/parallel connected lamps enclosed within a flexible polymeric tube or extrusion.'' The description of tube lighting was revised to clarify that such tube lighting is not covered by UL 588 but is covered by another UL standard, UL 2388 Flexible Lighting Products. This clarification is not intended to alter the scope of products covered by the rule; the revision is intended to clarify that flexible lighting products covered by UL 2388 are not within the scope of the rule. Staff Briefing Package: Final Rule to Amend 16 CFR part 1120 to Add Seasonal and Decorative Lighting Products, dated April 22, 2015 (``Staff Final Rule Briefing Package'') at 3, available at: http://www.cpsc.gov/Global/Newsroom/FOIA/CommissionBriefingPackages/2015/Final-Rule-to-Amend-Substantial-Product-Hazard-List-to-Include-Seasonal-and-Decorative-Lighting-Products.pdf. D. Applicable Voluntary Standard UL 588-2000 is the current voluntary standard applicable to seasonal and decorative lighting products. UL 588 has been updated over the years to address various safety issues to make seasonal and decorative lighting products safer, see 79 FR 62083; Staff's Briefing Package on Seasonal and Decorative Lighting Products, dated October 2, 2014 (``Staff NPR Briefing Package''), Tab B, Abbreviated History of Seasonal and Decorative Lighting Products and the Associated UL Standard, at: http://www.cpsc.gov/Global/Newsroom/FOIA/CommissionBriefingPackages/2015/ProposedRuletoAmendSubstantialProductHazardListtoIncludeSeasonalandDecorativeLightingProducts.pdf. Specifically, UL 588, made effective on January 1, 1997, set forth the current requirements for overcurrent protection and minimum wire size; and the current strain relief requirement has been in effect since 1994. Table 2 in the preamble to the NPR, at 79 FR at 62083, summarized the readily observable characteristics for seasonal and decorative lighting products. Table 2 was intended to present a summary of the relevant provisions of UL 588. As one commenter noted, the ``strain relief'' column shown in Table 2 in the preamble to the NPR cited SB16 of UL 588, instead of section SB15, and showed the strain relief load as 24 lbs. instead of 20 lbs. Table 1, below, is a revised version of Table 2 from the preamble to the NPR. Table 1 shows the correct citation to section SB15 of UL 588 and the correct strain relief loads. Staff Final Rule Briefing Package at 3-4. [[Page 25218]] Table 1--Readily Observable Characteristics for Seasonal and Decorative Lighting Products ---------------------------------------------------------------------------------------------------------------- Readily observable characteristics ----------------------------------------------------------------------------- Sufficient strain relief (load Seasonal and decorative lighting weight) Overcurrent products Minimum wire size --------------------------------------- protection (AWG) UL 588 Section Plugs/load fittings Lampholders UL qty. UL 588 6 UL 588 Sections 15 588 Sections Section 7 and 71 79 and SB15 ---------------------------------------------------------------------------------------------------------------- Series-connected lighting product: With Load Fitting............. 20 (Polarized Plug).. 20 lbs (smaller than 20 1 22 (Non-Polarized 18 AWG). 8 2 Plug). ..................... Without Load Fitting.......... 22 (Polarized Plug).. ..................... 8 1 22 (Non-Polarized ..................... 8 2 Plug. Parallel-connected light product: With or Without Load Fitting.. 20 (XTW), 18 (all 20 lbs. (20 AWG)..... 20 1 others). 30 lbs. (18 AWG)..... All Polarized Plugs.. ---------------------------------------------------------------------------------------------------------------- E. Risk of Injury 1. Electrocution and Fire Hazards The preamble to the NPR explained that consumers can be seriously injured or killed by electrical shocks or fires if seasonal and decorative lighting products are not made using minimum wire size, sufficient strain reliefs, or overcurrent protection. 79 FR at 62083- 84. Lighting products that conform to the minimum wire size requirement in UL 588 will support the product's electrical load without causing overheating. Additionally, lighting products that conform to the minimum wire size requirement provide the necessary mechanical strength to endure handling and other forces imposed on a seasonal lighting product during expected use of the product. Likewise, lighting products that conform to the strain relief requirements in UL 588 will endure use, including pulling and twisting the product, without mechanical damage to the electrical connections. Damaged electrical connections, such as broken strands of copper conductor inside the insulated wiring, could cause overheating (leading to a fire), despite overcurrent protection, or separation of wires from their terminal connections, which could expose bare energized conductors leading to electrical shock. Finally, UL 588's requirements for overcurrent protection prevent products from overheating and melting due to faults, damage, or excessive loads. Such failures carry a potential risk of fire. 2. Incident Data For the NPR, CPSC staff conducted a search of the Injury or Potential Injury Database (``IPII''), National Electronic Injury Surveillance System (``NEISS''), and the Death Certificate Database (``DTHS'') for incidents that involved seasonal and decorative lighting products reported between 1980 and May 2014. CPSC staff has updated this data and found a total of 133 fatal incidents causing 258 deaths, and 1,405 nonfatal incidents that involved seasonal and decorative lighting products that were in-scope and that occurred between 1980 and 2013.\1\ For the final rule, staff searched for in-scope incidents reported from January 2014 through March 2015. CPSC staff found an additional 25 in-scope incidents that occurred in 2014, and staff identified seven incidents that occurred in 2015. All of the 25 incidents in 2014 were nonfatal incidents. One of the seven incidents in 2015 was a fatal incident that caused one death. --------------------------------------------------------------------------- \1\ Staff has updated incident data from 1980 to 2013 to include retailer reports. --------------------------------------------------------------------------- Table 2 shows the annual average number of incidents for five different periods for each of the fatal incidents, deaths, and nonfatal incidents. The 35-year period is broken up into five, 7-year periods. Reporting may not be complete for the most recent period because sometimes CPSC receives reports of incidents years after they have occurred. Note that the average number of incidents and deaths has declined over the 35-year period represented in Table 2. See Tab E of Staff Final Rule Briefing Package. Table 2--Seasonal and Decorative Lighting Product Annual Average of Fatal Incidents, Deaths, and Nonfatal Incidents From 1980-2014 ---------------------------------------------------------------------------------------------------------------- Nonfatal Years Fatal incidents Deaths incidents ---------------------------------------------------------------------------------------------------------------- 1980-1986.............................................. 6.7 12.6 54.1 1987-1993.............................................. 6.3 13.6 40.9 1994-2000.............................................. 2.9 5.9 37.4 2001-2007.............................................. 2.3 3.9 38.6 2008-2014.............................................. 0.9 1.0 33.3 ---------------------------------------------------------------------------------------------------------------- F. Compliance Efforts To Address the Hazard As noted in the preamble to the NPR, in numerous instances, CPSC staff has considered the absence of one or more of three readily observable characteristics (minimum wire size, sufficient strain relief, and overcurrent protection) to present a substantial product hazard and has sought appropriate corrective action to prevent injury to the public. 79 FR at 62084. Since the Commission published the NPR (from September 2014 to February 2015), CPSC has not conducted any recalls of seasonal and decorative lighting products, and identified 11 shipments at import involving a total of [[Page 25219]] approximately 37,000 lighting units, where the seasonal and decorative lighting products may not comply with UL 588. See Tab D of Staff Final Rule Briefing Package. II. Summary of Comments on the Proposed Rule and CPSC's Responses The Commission received 62 comments and questions in response to the NPR. Substantive comments from several manufacturers expressed general support for the proposed rule, while the consumer commenters were generally opposed to the NPR. Commenters who opposed the rule often appeared to misunderstand the nature of the rulemaking, the Commission's authority to issue such a rule, and the effect of such a rule on industry and consumers. The Commission received one comment that addressed technical issues associated with UL 588. We summarize the comments and the Commission's responses below. Three clarifications were made in the final rule based on the comments, described in sections I.C and I.D of this preamble, and in responses to comments 14, 15, and 18. A. General Comments Comment 1: Many commenters argued that the proposed rule represents government waste, government overreach, or would result in a ``waste of money'' because the incident data do not demonstrate a relationship between the incident data and gaps in the UL standard. Response 1: The Commission disagrees with these commenters. The CPSC's mission is to protect consumers from unreasonable risks of injury or death from consumer products. The rule would further this mission by allowing staff to remove more effectively seasonal and decorative lighting products from commerce if these products present a risk of fire or electrical shock to consumers. The rule will not result in waste, nor will the rule increase costs. In fact, the rule should decrease CPSC's costs associated with an existing practice of determining that seasonal and decorative lighting products that do not conform to UL 588 present a defect that rises to a substantial product hazard. Currently, when CPSC staff encounters seasonal and decorative lighting products that do not appear to meet the requirements of UL 588, field and import staff must collect samples of the products and send them to CPSC's National Product Testing and Evaluation Center (``NPTEC'') for further testing. CPSC engineers evaluate and test the samples and provide their assessment to Compliance staff. Compliance staff, relying on CPSC technical staff's assessment, makes a preliminary determination of whether the product presents a substantial product hazard. If Compliance staff makes a preliminary determination of a substantial product hazard, CPSC staff informs the manufacturer or importer of the defective products. Compliance staff then proceeds to negotiate seizure, destruction, or a recall (or some combination of actions) with the firm. Firms may dispute CPSC staff's preliminary determination of a substantial product hazard for failure to conform to UL 588, which can add delay in removing defective products from the market and increase CPSC staff's costs related to supporting a finding of a substantial product hazard. When nonconforming seasonal and decorative lighting products are identified, CPSC staff must address with each manufacturer or importer the missing safety requirements from UL 588 that staff determined created a substantial product hazard. This process can be time- consuming and resource intensive. Congress has provided the Commission with the ability to streamline the administrative process of substantial product hazard determinations if certain criteria are met. Section 15(j) of the CPSA allows the Commission through a rulemaking to specify for consumer products, or a class of consumer products, characteristics whose presence or absence shall be deemed a substantial product hazard under section 15(a)(2) of the CPSA. A ``substantial product hazard'' is a defined term in our statute. Failure to comply with a consumer product safety rule is one way a product can present a substantial product hazard under section 15(a)(1) of the CPSA. A hazard addressed under section 15(j) is deemed to be ``a product defect which (because of the pattern of defect, the number of defective product distributed in commerce, the severity of the risk, or otherwise) creates a substantial risk of injury to the public'' under section 15(a)(2). A rule under section 15(j) of the CPSA is not a consumer product safety rule. Further, the Commission is not defining mandatory requirements for seasonal and decorative lighting products that must be tested and certified to a regulation, as a rule issued under sections 7 and 9 of the CPSA would require. The Commission is not required to provide incident data for a rule under section 15(j) of the CPSA to demonstrate ``gaps'' in the UL standard, because the rule will not impose additional requirements on seasonal and decorative lighting products beyond the identified three readily observable characteristics embodied in UL 588. Instead, the Commission is determining that seasonal and decorative lighting products that do not conform to three elements of the voluntary standard, UL 588, have a product defect that presents a substantial risk of injury to the public. A substantial product hazard determination under section 15(a)(2) of the CPSA seeks to remove already-manufactured defective products from the stream of commerce. The Commission can only determine that products that do not conform to a voluntary standard present a substantial product hazard under section 15(j) of the CPSA if four criteria are met:The characteristics involved must be ``readily observable''; the characteristics must be addressed by a voluntary standard; the voluntary standard must be effective in reducing the risk of injury associated with the consumer products; and there must be substantial compliance with the voluntary standard. Essentially, when a voluntary standard is working effectively to reduce a risk of injury to the public, the Commission can rely on the voluntary standard and take enforcement action to remove products from the stream of commerce when products do not comply with that voluntary standard. The purpose of the NPR was to provide notice to the public that the Commission believes that UL 588 is an effective voluntary standard. When CPSC staff finds products in the stream of commerce that do not comply with one or more of three readily observable safety characteristics, which are defined in UL 588, the Commission believes that those products are defective and present a substantial risk of injury, fire and electrical shock. Codifying that the absence of any of three safety characteristics for seasonal and decorative lighting products constitutes a substantial product hazard should streamline CPSC's enforcement efforts. Once the rule is final, CPSC will no longer need to rely on a staff preliminary determination of a substantial product hazard, and re-address this issue with each importer or manufacturer in each instance. Instead, CPSC can rely on the Commission's determination of a substantial product hazard for seasonal and decorative lighting products that are missing any of three readily observable characteristics, and then staff can proceed directly to negotiating a recall or seizure of the products without delay. Finally, when noncompliant lighting products are [[Page 25220]] found at the ports, CPSC can rely on the rule to request that Customs and Border Protection (``CBP'') seize the defective products through its authority under the Tariff Act. This streamlined process should reduce Commission staff and the monetary resources required to prevent defective products from entering the market. Comment 2: Many commenters stated that existing standards, such as UL standards, are sufficient in ``regulating'' seasonal lights and that the agency did not provide a rational basis for selecting seasonal and decorative lighting products for regulation. Another commenter opposed codifying the UL standard, arguing that codifying the standard would ``ossify'' the voluntary standards process and make the UL standard ``rigid,'' more difficult to improve, and ultimately make the public less safe. Response 2: This proceeding concerns a rule under section 15(j) of the CPSA and would not codify UL 588 or any other standard. Rather, under the rule, seasonal and decorative lighting products that do not have specified characteristics that conform to UL 588 would be considered to present a substantial product hazard. This means that such products could be stopped at the ports or otherwise prevented from distribution in the United States. The rule would not replace UL 588 or ``ossify'' the standard; rather, the rule would work in tandem with the UL standard to help provide safer products to consumers. If UL revises the referenced provisions of UL 588 in the future, the Commission can revise the rule to reference the updated version. Pages 62083 and 62084 of the NPR provided a rational basis for selecting seasonal and decorative lighting products. Lighting products that lack minimum safety characteristics pose a substantial risk of injury to consumers, and the Commission has the authority and obligation to remove such defective products from the stream of commerce. Comment 3: One commenter stated that the NPR violated the Administrative Procedure Act (``APA''), and was ``on its face arbitrary and capricious and without any reasonable foundation'' because no rational basis was described in the proposed rule for a new federal regulation on seasonal and decorative lighting products. Many commenters indicated that they considered the rule unnecessary, when CPSC's own data demonstrate that the UL standard appears to be effective at reducing the risk of injury associated with seasonal and decorative lighting products. Some commenters stated that the proposed rule does not describe a ``substantial product hazard'' that needs to be addressed by a regulation, noting that the UL standard has already addressed the hazards associated with seasonal and decorative lighting products. Response 3: The commenters appear to misunderstand the nature and purpose of the NPR, as well as the Commission's authority to issue a rule under section 15(j) of the CPSA. The Commission disagrees that the NPR violated the APA and is arbitrary and capricious. The NPR provides adequate rationale for the proposed rule and meets the requirements of section 553(b) of the APA, which requires that a proposed rule: Be published in the Federal Register; provide a statement of the time, place, and nature of public rule making proceedings; reference the legal authority under which the rule is proposed; and provide either the terms or substance of the proposed rule or a description of the subjects and issues involved. As discussed in the NPR, seasonal and decorative lighting products have a history of causing deaths and injury. However, the Commission agrees with the commenters that UL 588 effectively addresses the risks caused by insufficient wire size, inadequate strain relief, and lack of overcurrent protection. UL 588 addresses these issues because the absence of these minimum safety characteristics poses a risk of injury, fire, and electric shock to consumers. The Commission's 15(j) rule recognizes that products that do not conform to UL 588 regarding minimum wire size, sufficient strain relief, and overcurrent protection, present a substantial product hazard. A rule under section 15(j) of the CPSA is not a consumer product safety rule, but rather, is a Commission determination of a substantial product hazard. No injury data are required to find that a product presents a substantial product hazard under section 15(a)(2) of the CPSA. Instead, under section 15(a)(2), products are evaluated for defects that have the potential to cause a substantial risk of injury to the public. Even if the Commission has no reported injuries, the Commission could still find that a product has a defect which creates a substantial risk of injury to the public. Comment 4: One commenter stated that CPSC misused the data cited in the proposed rule, making three fundamental errors: Implicitly assuming that no older versions of lighting products manufactured before 2000 are in use, which CPSC allegedly uses to show that UL is only partially effective. The commenter asserts that lighting products are used for many years; failing to show any recent deaths or injuries since 2000 when UL was allegedly last updated; and failing to show that any deaths associated with lighting products were caused by product defects related to the three properties that the UL standards address (safe wire size, safety fuse, and strain protection). The commenter stated that the proposed rule provides no rational basis for assuming that any residual hazard related to the UL standards exists. Response 4: This commenter also seems to misunderstand the 15(j) rule. The data presented in the NPR are intended to demonstrate the effectiveness of the voluntary standard, UL 588, not that additional regulation is necessary because UL 588 is only partially effective. Comment 5: One commenter requested confirmation that current certification markings from UL, Intertek Co (``ETL''), or the CSA Group, or products carrying a listing, are considered to be in conformance with these requirements and the proposed rule does not require any paperwork, such as certificates or permits. Response 5: The Commission agrees that, unless an importer or retailer has reason to believe that UL, ETL, or CSA certification markings are counterfeit, such marks should indicate compliance with UL 588. Because a rule under section 15(j) of the CPSA is not a consumer product safety rule, a final rule will not impose additional paperwork such as certificates of compliance on importers or manufacturers. Comment 6: One commenter questioned the definition of ``readily observable,'' and two commenters questioned whether all three readily observable characteristics need to be met. Response 6: All three readily observable characteristics on a seasonal and decorative lighting product must be in conformance with UL 588. Under the rule, if one or more characteristics are missing, the product presents a substantial product hazard under section 15(a)(2) of the CPSA. The Commission has not defined the term ``readily observable,'' preferring instead to evaluate the concept on a case-by-case basis. The proposed rule states: The Commission did not define a ``readily observable'' characteristic in either [previous] [[Page 25221]] rule. In the proposed drawstring rule (75 FR 27497, 27499, May 17, 2010), the Commission found that the requirements detailed in the relevant voluntary standard could be evaluated with ``simple manipulations of the garment, simple measurements of portions of the garments, and unimpeded visual observation.'' The Commission stated: ``more complicated or difficult actions to determine the presence or absence of defined product characteristics also may be consistent with `readily observable.' '' Finally, the Commission stated its intent to evaluate ``readily observable'' characteristics on a case- by-case basis. 75 FR at 27499. The Commission considers the three characteristics of seasonal and decorative lighting products described in the rule to be readily observable, consistent with the Commission's previous statement. Comment 7: One commenter questioned how CPSC will enforce the requirements for imported products that are proposed in the NPR. Response 7: The Commission anticipates continuing the existing enforcement policy at ports of entry and at retail outlets, at least in the near future. Currently, CPSC identifies seasonal lighting products that lack certification marks or that appear to have irregular or counterfeit certification marks or that have other characteristics that might suggest noncompliance with applicable standards. After adoption of the rule, CPSC would evaluate such products to assess whether the products meet all three readily observable safety characteristics. If the products do not meet every one of the three readily observable safety characteristics, CPSC generally anticipates requesting that CBP detain the product if offered for importation. Additionally, CPSC practice is to inform the manufacturer or importer of the defect. Depending on the facts and circumstances, other legally-authorized measures may be taken. Comment 8: One commenter asked whether the readily observable characteristics apply to both indoor and outdoor seasonal and decorative lighting products. Response 8: The rule applies to both indoor and outdoor seasonal and decorative lighting products. The three readily observable characteristics are independent of the environment for which the products are rated. Comment 9: Some commenters generally opposed the NPR, stating reasons such as the ``lie of global warming,'' limiting electrical power consumption by consumers, or that CPSC should regulate other types of products. Response 9: These comments are out of scope for this rulemaking. B. Comments on Economic Issues Comment 10: To demonstrate the potential safety benefits of the proposal, one commenter who supported the NPR suggested that the CPSC estimate the societal costs of fires and electrocutions associated with holiday and seasonal lights. Several commenters opposing the proposed rule stated that the likely safety benefits of the proposal would be small. Response 10: The estimated numbers and societal costs of deaths, injuries, and property damage associated with seasonal and decorative lighting-related fires and electrocutions are very small, and generally, the numbers have declined to near zero in recent years, consistent with safety improvements made over time to the voluntary standard, UL 588. The rule is not designed to yield further safety benefits; rather, the rule would maintain the current high level of safety and help prevent distribution of nonconforming, seasonal and decorative lighting products that present a substantial product hazard. Comment 11: Eleven consumer commenters opposing the proposed rule stated that the rule could impose compliance costs on industry, and that any such costs should be weighed against the minimal likely safety benefits of a rule. One commenter stated that the proposed rule failed to adequately address the full scope of the legal and financial impacts of the regulation. Four commenters suggested that cost increases would result in retail price increases. One commenter asked whether the CPSC could justify ``millions of dollars'' in costs. Response 11: The final rule does not impose any new design, manufacturing, testing, certification, reporting, labeling, or other cost burdens on industry. Rather than add ``millions of dollars,'' as the commenter posited, because the rule is predicated on an existing voluntary standard, the cost of the rule should be essentially zero. In the NPR, the Commission estimated that the level of conformance to the existing voluntary standard is well in excess of 90 percent. The Commission has identified very few nonconforming seasonal and decorative lighting products on the market, even among the lowest- priced products. Thus, no significant wholesale or retail price increases are likely to occur as a result of finalizing the rule. To the extent that any importers market nonconforming seasonal and decorative lighting products, these firms could incur minimal costs of up to a few cents per typical 50-light string to incorporate the correct wire size, proper strain relief, and overcurrent protection. Nonconforming goods, however, are already subject to CPSC enforcement action, including recall, seizure, or forfeiture upon importation. Thus, because no changes to products or importation practices will be needed, the rule will likely have little, if any, impact on costs or consumer choice. As noted previously, the final rule will create efficiencies for the agency's enforcement programs. Comment 12: One commenter opposed to the NPR asserted that a CPSC rule would be duplicative of other existing regulations (presumably referring to the voluntary standard), thereby impacting costs and consumer choices. Response 12: The final rule designates as a substantial product hazard any seasonal and decorative lighting products that do not conform to three elements of the existing voluntary standard, UL 588. This is consistent with current CPSC enforcement practice. The rule will impose no new requirements or cost burdens on industry. Similarly, because no products will have to be discontinued or withdrawn from the market, the final rule will not affect consumer choice. Comment 13: One commenter opposed to the NPR questioned whether the proposed rule would maintain ``fair and equitable market access for trade partners,'' and whether the Commission had explored less restrictive regulatory alternatives. Response 13: The final rule is not expected to deny or restrict market access in any way. All known products subject to a final rule are imported. Because virtually all such products are estimated to conform to the voluntary standard already, no new restrictions on importation into the United States will occur. Any noncomplying products will be subject to CPSC enforcement action. This has been the case in the past, and this will continue to be the CPSC's practice even without the rule. No regulatory alternatives exist that would be less restrictive to industry. Under the rule, business practices will not have to change, and therefore, no restrictions on trade will result. C. Technical Comments Comment 14: One commenter asked the Commission to affirm that the proposed rule would not apply to the following: Battery-operated products. Solar-powered products (either direct powered solar, or one with a storage system that is used when the sun is not out, such as a rechargeable battery to power the lights). [[Page 25222]] Transformer or low-voltage power supplied products, such as adaptor-powered products that use a low voltage Class 2 power source or ITE power source, that are third party certified by an NRTL lab. Flexible Lighting Products, as covered in the scope of UL 2388 (described as ``Flexible Tube Lighting Strings'' in the proposed rule). Response 14: The Commission agrees with the commenter that the scope of the rule is not intended to include the types of products listed above. Section 1120.2(d) of the final rule already states that battery-operated products, products that operate from a transformer or low-voltage power supply; flexible tube lighting [clarified in response 15 below] intended for illumination; and portable electric lamps that are used to illuminate seasonal decorations are all outside the scope the rule. Products listed as out of scope are excluded because they are not subject to the same types of hazards as products within the scope of the rule; or, such products are not subject to UL 588, but rather, are subject to a different voluntary standard. The definition in Sec. 1120.2(d) of the final rule has been clarified to state that solar- powered lights are not within the scope of the rule because solar- powered seasonal lights are not connected to a 120 volt branch circuit and do not present the same risk of injury of shock and fire. Thus, Sec. 1120.2(d) of the final rule now lists ``solar-powered products'' as outside the scope of the final rule. Comment 15: One commenter stated that the proposed rule should clarify which products are addressed by the term ``flexible tube lighting strings'' because CPSC could be excluding products that should fall within the scope of the rule, as they are addressed in UL 588. The commenter stated that use of the term ``flexible tube lighting strings'' could describe a UL 588-covered product connected directly across a 120V supply that uses a standard string of lights placed inside a rigid or flexible tube. The commenter suggested changing the term ``flexible tube lighting strings'' to ``flexible lighting products,'' in accordance with the scope of ANSI/UL 2388, Sections 1.1 and 1.2 and add ``Flexible Lighting Products that conform with the ANSI/UL 2388 scope and definitions'' to the ``Rope, tube, . . ..'' listing in- ``out-of-scope'' products. Response 15: The Commission agrees that the term ``flexible tube lighting strings'' could be misconstrued to exempt some products that are covered by UL 588. Accordingly, the definition of ``seasonal and decorative lighting products'' in Sec. 1120.2(d) of the final rule has been changed from the phrase ``flexible tube lighting strings of lights intended for illumination'' to the phrase ``flexible lighting products incorporating non-replaceable series and series/parallel connected lamps enclosed within a flexible polymeric tube or extrusion'' to describe out-of-scope lighting products. The Commission believes that this language, taken from UL 2388, the voluntary standard that applies to flexible lighting, will clarify that flexible lighting products subject to UL 2388 are not within the scope of the rule. This clarification is not intended to alter the scope of products covered by the rule; the revision merely clarifies that flexible tube lighting products covered by UL 2388 are not within the scope of the rule. Comment 16: One commenter asked for confirmation that seasonal and decorative lighting products that are third party certified to ANSI/UL 588 by a Nationally Recognized Testing Laboratory (``NRTL''), such as UL, CSA, or ETL, ``would be considered in compliance with this rule and would not require further review.'' Additionally, the commenter requested confirmation that products such as a pre-lit artificial tree, or a pre-lit artificial wreath, as long as the decorative lighting (for example, a 120V cord connected incandescent or LED light string that is series or parallel connected and has push in, screw in or non- replaceable bulbs) is third party certified by an NRTL (such as UL, CSA, or ETL) to ANSI/UL 588, are considered to be in compliance with the proposed rule and would not require further review, even if the entire pre-lit artificial tree or wreath, as a whole with lights, is not UL, CSA, or ETL certified. Response 16: According to the Occupational Health and Safety Administration (``OSHA''), an NRTL is a private sector organization recognized by OSHA to perform required product certification to electrical standard requirements: Each NRTL has a scope of test standards that they are recognized for, and each NRTL uses its own unique registered certification mark(s) to designate product conformance to the applicable product safety test standards. After certifying a product, the NRTL authorizes the manufacturer to apply a registered certification mark to the product. If the certification is done under the NRTL program, this mark signifies that the NRTL tested and certified the product, and that the product complies with the requirements of one or more appropriate product safety test standards. Users of the product can generally rely on the mark as evidence that the product complies with the applicable OSHA approval requirement(s) and is safe for use in the workplace. OSHA's Web site as of February 23, 2015 (https://www.osha.gov/dts/otpca/nrtl/). The Commission interprets the comment to suggest that if a product has a mark indicating certification by an NRTL, CPSC should consider the product to be compliant with the applicable provisions of UL 588 and not conduct any further review of the product. The Commission believes that products that are legitimately listed to UL 588 by an NRTL are likely to be in compliance with UL 588 and not likely to present a substantial product hazard. However, because such marks are sometimes counterfeit, CPSC will use product labeling as but one factor in its decision process when determining which products to investigate for compliance. Regardless of labeling, CPSC may evaluate any electrical product for whether it poses a substantial product hazard. For example, CPSC staff's existing practice is to evaluate products at the ports to assess whether they present a substantial product hazard, and non- compliance to a relevant voluntary standard may provide evidence of a hazard. Even if electrical products are not subject to a rule under section 15(j) of the CPSA, CPSC field staff can collect samples of non- conforming products and send them to CPSC's lab, NPTEC, for further testing and evaluation. Comment 17: The commenter asked why ``unlighted ornaments that replace a push-in mini-bulb'' are exempt from this rule, suggesting that these ornaments have the same fire and shock hazard as ornaments that are lighted, have the same strain relief and wire gauge requirements as lighted ornaments in UL 588, and should be treated as in-scope. He added that the only difference between lighted and unlighted ornaments of this type is that they are not required by UL 588 to have fusing. Response 17: Table 1 in the NPR provided a non-exhaustive list of examples of lighting products that fall within, and outside of, the scope of the proposed rule. Ornaments that replace a push-in mini-bulb do not fall within the definition of products in Sec. 1120.2(d) of the rule because these products do not have 120 volt input ratings. Additionally, in the experience of CPSC staff, ornaments, regardless of whether they are lighted or unlighted (including motorized and electronic items), have not presented the same hazard as products within the scope of the rule. In fact, CPSC has not found any such products in its archives to present a substantial product hazard. [[Page 25223]] Comment 18: One commenter pointed out a typographical error in section II of the NPR, item 2, on page 62085, ``Sufficient Strain Relief,'' of the preamble. The commenter states the correct reference for the method of strain relief testing demonstrated in the NPR should be section SB15 instead of section SB16, which also changes the strain relief load cited in Table 2 from 24 lb. weight to a 20 lb. weight. The commenter also suggested changing the reference of section 79 to paragraph 79.2 in section II of the NPR, item 2, on page 62085 because of the method of testing demonstrated in the NPR. In addition, the commenter noted that the testing method in section II of the NPR, item 2, on page 62085, ``Sufficient Strain Relief,'' is vague and unrepeatable by specifying that wire is not allowed to ``stretch,'' as the wire will normally stretch in this test. UL 588 specifies that the wire not stretch more than \1/16\'' at the entry point of the wire to the lampholder, not that the wire below that point cannot stretch. Response 18: The Commission agrees with the commenter with regard to the correct citation for strain relief requirements, and has revised the citation to UL 588 in Sec. 1120.3(c)(2) regarding strain relief in the final rule to incorporate section SB15 of UL 588, instead of section SB16. We have also published a corrected version of the Table summarizing requirements from UL 588 in the preamble to the final rule, Table 1 in section I.D of this preamble. Table 1 updates the strain relief load from 24 lbs. to 20 lbs. and references SB15 instead of SB16. The Commission declines to revise the Table 1 to include paragraph 79.2, because the strain relief method called out in section 79 of UL 588 includes paragraph 79.2. In the NPR, the Commission summarized the failure criteria for strain relief to demonstrate that strain relief is readily observable by hanging the appropriate weight and evaluating the results. However, the regulation text adopts the specific requirements for strain relief in UL 588. Section 1120.3(c)(2) specifies that sufficient strain relief requirements are according to UL 588 sections 15, 71, 79, and SB15 (changed from SB16 to SB 15). Although the cord is allowed to ``stretch'' within limits as permitted by UL 588 during the strain relief test, CPSC staff's experience in observing non-conforming seasonal and decorative lighting products is that such non-complying products, in an overwhelming majority of observations, tend to be constructed in a way that they fail catastrophically--the conductors shred apart, with individual strands stretching to their breaking points. Comment 19: One commenter stated that, in Section II of the NPR, the measurement of wire size (``AWG'') as shown in Picture 3 is not a very accurate method of measurement and is intended for solid core wire, not stranded as required to be used in decorative lighting strings covered by UL 588. The commenter is concerned that using a wire gauge with stranded wire can give false positives for undersized wire, or false negatives for properly sized wires, depending on twisting and other relevant factors. The commenter states that the ANSI UL wire standard uses a different method of determining wire size by measuring the circular mil area. While the wire gauge method may be sufficient to determine the initial need for further examination, the commenter states, it should not be used as the final determination for undersize wiring. Response 19: The final rule incorporates by reference the minimum wire size requirements in section 6 of UL 588. Section 6 of UL 588 does not state a method for determining or measuring the wire size. Accordingly, the rule does not require any particular test; it requires compliance with section 6 of UL 588 with regard to minimum wire size. The NPR provided an example of one method for measuring wire size. The purpose of providing a picture of measuring minimum wire size in the NPR was not to favor one method of measuring wire size over another, but to demonstrate that wire size is readily observable through a direct measurement of the wire. The Commission acknowledges that other methods of directly measuring wire size exist that also can be done quickly and easily. The Commission notes that CPSC staff's experience in observing nonconforming seasonal and decorative lighting products demonstrates that such products typically fall short of conformance to wire size by a large margin, regardless of the method used to determine compliance with section 6 of UL 588. III. Information Supporting Substantial Product Hazard Determination A. Defined Characteristics Are Readily Observable and Addressed by UL 588 Sections 6, 7, 15, 71, 79, and SB15 of UL 588 set forth the requirements for the three readily observable characteristics in the final rule: minimum wire size, sufficient strain relief, and overcurrent protection. Table 1 in section I.D of this preamble summarizes the technical requirements for the three readily observable characteristics in UL 588. The final rule deems the absence of any one of these characteristics to be a substantial product hazard under section 15(a)(2) of the CPSA. The preamble to the NPR set forth information to support a finding that minimum wire size, sufficient strain relief, and overcurrent protection, are readily observable characteristics from UL 588. See 79 FR 62084-86. We summarize and update that information here. 1. Minimum Wire Size Section 6 of UL 588 requires that series-connected lighting products have a minimum wire size of 20 or 22 AWG, depending on whether the lighting product has a load fitting, and whether the plug is polarized. Minimum wire size, as required in section 6 of UL 588, is a readily observable characteristic of seasonal and decorative lighting products that can be observed visually by taking a measurement of the product's bare wire. 79 FR 62084-85. 2. Sufficient Strain Relief Sections 15, 71, 79, and SB15 of UL 588 set forth the requirements for sufficient strain relief in seasonal and decorative lighting products. Strain relief is observed in several locations: At the plugs and load fittings, as well as at the lampholders. Sufficient strain relief, as required in sections 15, 71, 79, and SB15 of UL 588, is a readily observable characteristic of seasonal and decorative lighting products that can be determined by suspending the applicable load from the plug, load fitting, or lampholder, and by observing for conformance with SB15 of UL 588. 79 FR at 62085-86. 3. Overcurrent Protection Section 7 of UL 588 specifies overcurrent protection for every seasonal and decorative lighting product. Lighting products must contain at least one fuse if the plug is polarized (parallel-connected strings must have a polarized plug) or two fuses if the plug is not polarized. Overcurrent protection, as required in section 7 of UL 588, is a readily observable characteristic of seasonal and decorative lighting products that can be determined by a visual observation of whether the lighting product has a fuse holder containing the correct number of fuses. 79 FR at 62086. B. Conformance to UL 588 Has Been Effective in Reducing the Risk of Injury Conformance to sections 6, 7, 15, 71, 79, and SB15 of UL 588, as summarized in Table 1 in section I.D of this [[Page 25224]] preamble, has been effective in reducing the risk of injury from shock and fire associated with below-minimum wire size, insufficient strain relief, and lack of overcurrent protection. CPSC's incident data demonstrate that conformance to UL 588 has coincided with, and may have contributed to, a decline in the risk of injury associated with seasonal and decorative lighting products. The preamble to the NPR reviewed the reported death and nonfatal incident data from 1980 through 2013, which demonstrated a decline during that period. See 79 FR at 62086-87. On January 1, 1997, UL 588's requirements for overcurrent protection and minimum wire size took effect; and the current strain relief requirement has been in effect since 1994. Table 3 lists the incidents associated with seasonal and decorative lighting products for the periods 1980-1996 and 2000-2014. The years from 1997 to 1999 would have been transitional years, where older products in consumer homes were being replaced with light strings incorporating the January 1, 1997 changes (minimum wire size and overcurrent protection) in the UL standard. The average number of deaths per year and the average number of nonfatal incidents per year were higher before 1997, and the numbers dropped after 1999. See Tab E of Staff Final Rule Briefing Package. Table 3--Incidents Associated With Seasonal and Decorative Lighting Products ------------------------------------------------------------------------ Period 1980-1996 2000-2014 ------------------------------------------------------------------------ Deaths.................................. 202 45 Nonfatal Incidents...................... 762 545 Average Deaths per year................. 11.9 3.0 Average Nonfatal Incidents per year..... 44.8 36.3 ------------------------------------------------------------------------ C. Lighting Products Substantially Comply With UL 588 The Commission has not articulated a bright-line rule for substantial compliance. Rather, in the rulemaking context, the Commission has stated that the determination of substantial compliance should be made on a case-by-case basis. Seasonal and decorative lighting products' compliance with UL 588 is ``substantial,'' as that term is used in section 15(j) of the CPSA. The Commission estimates that a majority of seasonal and decorative lighting products, well in excess of 90 percent, sold for consumer use in the United States, likely conforms to UL 588. See 79 FR at 62088. Since issuing the NPR, CPSC has not received any information in the comments, or otherwise, that would change the estimated level of compliance with UL 588. IV. Description of the Rule The rule regarding seasonal and decorative lighting products creates two new paragraphs in part 1120: one defines the products covered by the rule and the other states the characteristics that must be present for the products not to present a substantial product hazard. Definition. Section 1120.2(d) defines a ``seasonal and decorative lighting product'' as portable, plug-connected, temporary-use lighting products and accessories that have a nominal 120 volt input voltage rating. Lighting products within the scope of the rule are factory- assembled with push-in, midget- or miniature-screw base lampholders connected in series or with candelabra- or intermediate-screw base lampholders connected in parallel, directly across the 120 volt input. Such lighting products include lighted decorative outfits, such as stars, wreathes, candles without shades, light sculptures, blow-molded (plastic) figures, and animated figures. Lighting products outside the scope of the rule include: battery-operated products; solar-powered products; products that operate from a transformer or low-voltage power supply; flexible lighting products incorporating non-replaceable series and series/parallel connected lamps enclosed within a flexible polymeric tube or extrusion; and portable electric lamps that are used to illuminate seasonal decorations. This definition is adapted from descriptions of lighting products defined in section 1 of UL 588. Lighting products within the scope of the rule are typically used seasonally (temporarily) and provide only decorative lumination. The products typically are displayed for a relatively short period of time, and then the lighting products are removed and stored until needed again. Lighting products that are excluded from the scope of the rule are subject to different voluntary standards or do not present the same risk of injury. Substantial product hazard list. Section 1120.3(c) states that seasonal and decorative lighting products that do not conform to one or more of the following characteristics required in sections 6, 7, 15, 71, 79, and SB15 of UL 588 are deemed substantial product hazards under section 15(a)(2) of the CPSA: (1) Minimum wire size requirements in section 6 of UL 588; (2) sufficient strain relief requirements in sections 15, 71, 79, and SB15 of UL 588; or (3) overcurrent protection requirements in section 7 of UL 588. Standards incorporated by reference. Additionally, at the request of the Office of the Federal Register (``OFR''), the Commission is making a technical amendment to part 1120. This technical amendment adds a new section, 1120.4, listing all of the incorporations by reference (``IBR'') for products added to the substantial product hazard list. Thus, the IBR for hand-supported hair dryers and draw strings on children's upper outwear is moved from Sec. 1120.3 to the new Sec. 1120.4. No substantive change is being made to the rule regarding hand-supported hair dryers or drawstrings on children's upper outerwear. The IBR for seasonal and decorative lighting products is also included in the new Sec. 1120.4. Incorporation by reference. The OFR has regulations concerning incorporation by reference. 1 CFR part 51. The OFR recently revised these regulations to require that, for a final rule, agencies must discuss, in the preamble of the rule, ways that the materials the agency incorporates by reference are reasonably available to interested persons and how interested parties can obtain the materials. In addition, the preamble of the rule must summarize the material. 1 CFR 51.5(b). In accordance with the OFR's requirements, this preamble summarizes the relevant provisions of UL 588. Table 1 in section I.D of this preamble summarizes the requirements of UL 588. Interested persons may purchase a copy of UL 588 from UL either through UL's Web site, www.UL.com, or by mail at the address provided in the rule. A copy of the standard also can be inspected at the CPSC's Office of the Secretary, U.S. Consumer Product Safety Commission, or at NARA, as provided in the rule. [[Page 25225]] V. Commission Determination That Seasonal and Decorative Lighting Products That Lack Any One of Three Readily Observable Characteristics Present a Substantial Product Hazard To place a product (or class of products) on the list of substantial product hazards pursuant to section 15(j) of the CPSA, the Commission must determine that: (1) The characteristics involved are ``readily observable''; (2) the characteristics are addressed by a voluntary standard; (3) the voluntary standard is effective in reducing the risk of injury associated with the consumer products; and (4) products are in substantial compliance with the voluntary standard. Accordingly, based on the information provided in this preamble, for seasonal and decorative lighting products, the Commission determines that: Minimum wire size, sufficient strain relief, and overcurrent protection are all readily observable characteristics of seasonal and decorative lighting products. Measurement of minimum wire size and sufficient strain relief can be visually observed, and the presence of overcurrent protection can be visually observed; minimum wire size, sufficient strain relief, and overcurrent protection in seasonal and decorative lighting products are addressed by a voluntary standard, UL 588. Minimum wire size is addressed in section 6 of UL 588. Sufficient strain relief is addressed in sections 15, 71, 79, and SB15 of UL 588. Overcurrent protection is addressed in section 7 of UL 588; conformance to UL 588 has been effective in reducing the risk of injury from shock and fire associated with seasonal and decorative lighting products. From 1980 to 1996, the reported average number of deaths per year was 11.9, and the reported average number of nonfatal incidents per year was 44.8. After changes to the UL standard, from 2000 to 2014, the reported average number of deaths dropped to 3.0, and the reported average number of nonfatal incidents per year dropped to 36.3. Although decreasing numbers of death and injury may be a result of several factors, conformance with UL 588 coincided with, and likely contributed to, the decline in deaths and injuries associated with seasonal and decorative lighting products; and seasonal and decorative lighting products sold in the United States substantially comply with UL 588. We estimate that more than 90 percent of seasonal and decorative lighting products for sale in the United States comply with the minimum wire size, sufficient strain relief, and overcurrent protection provisions in UL 588. VI. Effect of the 15(j) Rule Section 15(j) of the CPSA allows the Commission to issue a rule specifying that a consumer product or class of consumer products has characteristics whose presence or absence creates a substantial product hazard. A rule under section 15(j) of the CPSA is not a consumer product safety rule, and thus, does not create a mandatory standard that triggers testing or certification requirements under section 14(a) of the CPSA. Although a rule issued under section 15(j) of the CPSA is not a consumer product safety rule, placing a consumer product on the substantial product hazard list in 16 CFR part 1120 has some ramifications. A product that is or has a substantial product hazard is subject to the reporting requirements of section 15(b) of the CPSA, 15 U.S.C. 2064(b). A manufacturer, importer, distributor, or retailer that fails to report a substantial product hazard to the Commission is subject to civil penalties under section 20 of the CPSA, 15 U.S.C. 2069, and possibly to criminal penalties under section 21 of the CPSA, 15 U.S.C. 2070. A product that is or contains a substantial product hazard is also subject to corrective action under sections 15(c) and (d) of the CPSA, 15 U.S.C. 2064(c) and (d). Thus, a rule issued under section 15(j) for seasonal and decorative lighting allows the Commission to order that a manufacturer, importer, distributor, or retailer of lighting products that do not contain one or more of the three readily observable characteristics to offer to repair or replace the product, or to refund the purchase price to the consumer. A product that is offered for import into the United States and is or contains a substantial product hazard shall be refused admission into the United States under section 17(a) of the CPSA, 15 U.S.C. 2066(a). Additionally, CBP has the authority to seize certain products offered for import under the Tariff Act of 1930 (19 U.S.C. 1595a) (``Tariff Act''), and to assess civil penalties that CBP, by law, is authorized to impose. Section 1595a(c)(2)(A) of the Tariff Act states that CBP may seize merchandise, and such merchandize may be forfeited if: ``its importation or entry is subject to any restriction or prohibition which is imposed by law relating to health, safety, or conservation and the merchandise is not in compliance with the applicable rule, regulation, or statute.'' VII. Regulatory Flexibility Act Analysis The Regulatory Flexibility Act (``RFA'') requires that proposed and final rules be reviewed for the potential economic impact on small entities, including small businesses. 5 U.S.C. 601-612. In the preamble to the proposed rule (79 FR at 62089) the Commission stated that the rule will not have a significant impact on a substantial number of small entities. This statement was based on CPSC staff's review of the roughly 500 companies that import seasonal and decorative lighting products into the United States, finding that a very high percentage, probably in excess of 90 percent of lighting products sold in the United States, already conform to UL 588. Although the Commission received comments stating that a rule would increase costs for manufacturers and consumers, none of the commenters included any data to support their contention. CPSC has not found any data that would alter the analysis provided in the NPR. Accordingly, the Commission finds that the rule will not have a significant impact on a substantial number of small businesses. VIII. Environmental Considerations Generally, the Commission's regulations are considered to have little or no potential for affecting the human environment, and environmental assessments and impact statements are not usually required. See 16 CFR 1021.5(a). The final rule to deem seasonal and decorative lighting products that do not contain one or more of three readily observable characteristics to be a substantial product hazard will not have an adverse impact on the environment and is considered to fall within the ``categorical exclusion'' for the purposes of the National Environmental Policy Act. 16 CFR 1021.5(c). IX. Paperwork Reduction Act The rule does not require any stakeholder to create, maintain, or disclose information. Thus, no paperwork burden is associated with this final rule, and the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520) does not apply. X. Preemption A rule under section 15(j) of the CPSA does not establish a consumer product safety rule. Accordingly, the preemption provisions in section 26(a) of the CPSA, 15 U.S.C. 2075(a), do not apply to this rule. [[Page 25226]] XI. Effective Date The preamble to the proposed rule stated that a final rule deeming that any seasonal and decorative lighting product that does not conform to sections 6, 7, 15, 71, 79, and SB15 of UL 588 with regard to minimum wire size, sufficient strain relief, and overcurrent protection is a substantial product hazard would take effect 30 days after publication of the rule in the Federal Register. We received no comments on the effective date. Accordingly, the final rule will apply to seasonal and decorative lighting products imported or introduced into commerce on June 3, 2015. List of Subjects in 16 CFR Part 1120 Administrative practice and procedure, Clothing, Consumer protection, Household appliances, Imports, Incorporation by reference, Infants and children, Lighting. For the reasons stated above, and under the authority of 15 U.S.C. 2064(j), 5 U.S.C. 553, and section 3 of Public Law 110-314, 122 Stat. 3016 (August 14, 2008), the Consumer Product Safety Commission amends 16 CFR part 1120 to read as follows: PART 1120--SUBSTANTIAL PRODUCT HAZARD LIST 0 1. The authority citation for part 1120 continues to read as follows: Authority: 15 U.S.C. 2064(j). 0 2. In Sec. 1120.2, add paragraph (d) to read as follows: Sec. 1120.2 Definitions. * * * * * (d) Seasonal and decorative lighting product means portable, plug- connected, temporary-use lighting products and accessories that have a nominal 120 volt input voltage rating. Lighting products within the scope of the rule are factory-assembled with push-in, midget- or miniature-screw base lampholders connected in series or with candelabra- or intermediate-screw base lampholders connected in parallel, directly across the 120 volt input. Such lighting products include lighted decorative outfits, such as stars, wreathes, candles without shades, light sculptures, blow-molded (plastic) figures, and animated figures. Lighting products outside the scope of the rule include: Battery-operated products; solar-powered products; products that operate from a transformer or low-voltage power supply; flexible lighting products incorporating non-replaceable series and series/ parallel connected lamps enclosed within a flexible polymeric tube or extrusion; and portable electric lamps that are used to illuminate seasonal decorations. 0 3. In Sec. 1120.3, republish the introductory text, revise paragraphs (a) and (b)(1), and add paragraph (c), to read as follows: Sec. 1120.3 Products deemed to be substantial product hazards. The following products or class of products shall be deemed to be substantial product hazards under section 15(a)(2) of the CPSA: (a) Hand-supported hair dryers that do not provide integral immersion protection in compliance with the requirements of section 5 of UL 859, or section 6 of UL 1727 (incorporated by reference, see Sec. 1120.4). (b)(1) Children's upper outerwear in sizes 2T to 16 or the equivalent, and having one or more drawstrings, that is subject to, but not in conformance with, the requirements of ASTM F 1816-97 (incorporated by reference, see Sec. 1120.4). * * * * * (c) Seasonal and decorative lighting products that lack one or more of the following characteristics in conformance with requirements in sections 6, 7, 15, 71, 79, and SB15 of UL 588 (incorporated by reference, see Sec. 1120.4): (1) Minimum wire size requirements in section 6 of UL 588; (2) Sufficient strain relief requirements in sections 15, 71, 79, and SB15 of UL 588; or (3) Overcurrent protection requirements in section 7 of UL 588. 0 4. Add Sec. 1120.4 to read as follows: Sec. 1120.4 Standards incorporated by reference. (a) The standards required in this part are incorporated by reference (``IBR'') into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. You may inspect all approved material at the Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone 301-504-7923, or at the National Archives and Records Administration (``NARA''). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. (b) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 USA, telephone: 610-832-9585; http://www2.astm.org/. (1) ASTM F 1816-97, Standard Safety Specification for Drawstrings on Children's Upper Outerwear, approved June 10, 1997, published August 1998 (``ASTM F 1816-97''), IBR approved for Sec. 1120.3(b). (2) [Reserved] (c) Underwriters Laboratories, Inc (``UL''), 333 Pfingsten Road, Northbrook, IL 60062 or through UL's Web site: www.UL.com. (1) UL 588, Standard for Safety for Seasonal and Holiday Decorative Products, 18th Edition, approved August 21, 2000 (``UL 588''), IBR approved for Sec. 1120.3(c). (2) UL 859, Standard for Safety for Household Electric Personal Grooming Appliances, 10th Edition, approved August 30, 2002, and revised through June 3, 2010 (``UL 859''), IBR approved for Sec. 1120.3(a). (3) UL 1727, Standard for Safety for Commercial Electric Personal Grooming Appliances, 4th Edition, approved March 25, 1999, and revised through June 25, 2010 (``UL 1727''), IBR approved for Sec. 1120.3(a). Alberta E. Mills, Acting Secretary, Consumer Product Safety Commission. [FR Doc. 2015-10342 Filed 5-1-15; 8:45 am] BILLING CODE 6355-01-P
![25216 Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT: that oversight so that the effective date I. Background and Statutory Authority
For technical questions concerning this is one year after the publication of the
action, contact Wende T. DiMuro, A. Statutory Authority
final rule, or March 4, 2016.
AFS–330, Federal Aviation Section 223 of the Consumer Product
Administration, 800 Independence Correction Safety Improvement Act of 2008
Avenue SW., Washington, DC 20591; In FR Doc. 2015–04179, beginning on (‘‘CPSIA’’), amended section 15 of the
telephone (202) 267–1685; email page 11537 in the Federal Register of CPSA, 15 U.S.C. 2064, to add a new
wende.t.dimuro@faa.gov. March 4, 2015, make the following subsection (j). Section 15(j) of the CPSA
For legal questions concerning this corrections: provides the Commission with the
action, contact Edmund Averman, authority to specify, by rule, for any
AGC–200, Federal Aviation Correction consumer product or class of consumer
Administration, 800 Independence 1. On page 11537, in the second products, characteristics whose
Avenue SW., Washington, DC 20591; column, in the paragraph entitled existence or absence are deemed a
telephone (202) 267–3147, email ‘‘DATES:’’, correct ‘‘May 4, 2015’’ to read substantial product hazard under
ed.averman@faa.gov. ‘‘March 4, 2016.’’ section 15(a)(2) of the CPSA. Section
SUPPLEMENTARY INFORMATION: Issued under authority provided by 49
15(a)(2) of the CPSA defines a
U.S.C. 106(f) in Washington, DC, on April 29, ‘‘substantial product hazard,’’ in
Background relevant part, as a product defect which
2015.
On March 4, 2015, the FAA published John Barbagallo, (because of the pattern of defect, the
a final rule entitled, ‘‘Air Carrier number of defective products
Acting Director, Flight Standards Office.
Contract Maintenance Requirements’’ distributed in commerce, the severity of
[FR Doc. 2015–10423 Filed 5–1–15; 8:45 am]
(80 FR 11537). the risk, or otherwise) creates a
In that final rule, the FAA revised its BILLING CODE 4910–13–P
substantial risk of injury to the public.
maintenance regulations for domestic, A rule under section 15(j) of the CPSA
flag, and supplemental operations, and (a ‘‘15(j) rule’’) is not a consumer
for commuter and on-demand CONSUMER PRODUCT SAFETY product safety rule that imposes
operations for aircraft type certificated COMMISSION performance or labeling requirements
with a passenger seating configuration for newly manufactured products.
of 10 seats or more (excluding any pilot 16 CFR Part 1120 Rather, a 15(j) rule is a Commission
seat). The new rules require affected air determination of a product defect based
carriers and operators to develop [CPSC Docket No. CPSC–2014–0024]
upon noncompliance with specific
policies, procedures, methods, and Substantial Product Hazard List: product characteristics that are
instructions for performing contract Seasonal and Decorative Lighting addressed in an effective voluntary
maintenance that are acceptable to the standard. For the Commission to issue
Products
FAA, and to include them in their a 15(j) rule, the product characteristics
maintenance manuals. The rules also AGENCY: Consumer Product Safety involved must be ‘‘readily observable’’
require the air carriers and operators to Commission. and have been addressed by a voluntary
provide a list to the FAA of all persons ACTION: Final rule. standard. Moreover, the voluntary
with whom they contract their standard must be effective in reducing
maintenance, which also must include SUMMARY: The Consumer Product Safety the risk of injury associated with the
the physical address where the work Commission (‘‘CPSC’’ or ‘‘Commission’’) consumer products, and there must be
will be carried out and a description of is issuing a final rule to specify that substantial compliance with the
the type of work that is to be carried out seasonal and decorative lighting voluntary standard.
at each location. products that do not contain any one of
In the notice of proposed rulemaking three readily observable characteristics B. Background
(NPRM) (77 FR 67584; Nov. 13, 2012), (minimum wire size, sufficient strain On October 16, 2014, the Commission
the FAA proposed to make the effective relief, or overcurrent protection), as issued a notice of proposed rulemaking
date one year after the publication of the addressed in a voluntary standard, are (‘‘NPR’’) in the Federal Register to
final rule. The stated reason for this was deemed a substantial product hazard amend the substantial product hazard
that the agency recognized that the under the Consumer Product Safety Act list in 16 CFR part 1120 (‘‘part 1120’’)
affected operators would need time to (‘‘CPSA’’). Additionally, the to add seasonal and decorative lighting
fully develop the policies, procedures, Commission is making a technical products that lack certain readily
methods, and instructions for contract amendment to reformat incorporations observable safety characteristics
maintenance and to provide them in an by reference in this part. addressed by a voluntary standard
acceptable format to the FAA. We also DATES: Effective date: The rule takes because such products pose a risk of
noted that operators would need time to effect on June 3, 2015. The electrical shock or fire. 79 FR 62081.
prepare the list with the required incorporation by reference of the The comment period on the proposed
information of their contract publication listed in this rule is rule closed on December 30, 2014. As
maintenance providers and to provide approved by the Director of the Federal detailed in section II of this preamble,
them in an acceptable format to their Register as of June 3, 2015. the Commission received 62 comments
Certificate Holding District Offices (77 on the proposed rule.
FOR FURTHER INFORMATION CONTACT:
FR 67587). The FAA also noted that it The Commission is now issuing a
would need time to review the Mary Kroh, Office of Compliance and final rule to amend part 1120 by adding
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information submitted by the operators. Field Operations, Consumer Product three readily observable characteristics
In publishing the final rule, the FAA Safety Commission, 4330 East West of seasonal and decorative lighting
inadvertently overlooked this proposed Highway, Bethesda, MD 20814; products: (1) Minimum wire size; (2)
one-year compliance time, and included telephone: 301–987–7886; mkroh@ sufficient strain relief; and (3)
an effective date of 60 days after cpsc.gov. overcurrent protection. After reviewing
publication. This document corrects SUPPLEMENTARY INFORMATION: the comments, the Commission made
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![Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Rules and Regulations 25217
two clarifications in the final rule to defined in section 1 of UL 588. All in- flexible lighting products covered by UL
define more clearly products that do not scope products are covered by UL 588. 2388 are not within the scope of the
fall within the scope of the rule. Lighting products within the scope of rule. Staff Briefing Package: Final Rule
Additionally, based on the comments, the rule are typically used seasonally to Amend 16 CFR part 1120 to Add
the Commission has corrected a citation and provide only decorative lumination. Seasonal and Decorative Lighting
to Underwriters Laboratories (‘‘UL’’), The products typically are displayed for Products, dated April 22, 2015 (‘‘Staff
Standard for Safety for Seasonal and a relatively short period of time and are Final Rule Briefing Package’’) at 3,
Holiday Decorative Products, UL 588, then removed and stored until needed available at: http://www.cpsc.gov/
18th Edition, approved on August 21, again. UL 588 section 2.43 defines the Global/Newsroom/FOIA/Commission
2000 (‘‘UL 588’’), in the final rule. As of term ‘‘seasonal (holiday) product’’ as: BriefingPackages/2015/Final-Rule-to-
the effective date of this rule, seasonal ‘‘[a] product painted in colors to suggest Amend-Substantial-Product-Hazard-
and decorative lighting products that do a holiday theme or a snow covering, a List-to-Include-Seasonal-and-
not contain any one of these three figure in a holiday costume, or any Decorative-Lighting-Products.pdf.
readily observable characteristics, as set decoration associated with a holiday or
forth in UL 588, are deemed to create a particular season of the year.’’ UL 588 D. Applicable Voluntary Standard
substantial product hazard under defines ‘‘decorative light products’’ UL 588–2000 is the current voluntary
section 15(a)(2) of the CPSA. (decorative outfits) as factory- standard applicable to seasonal and
assembled, electrically powered units decorative lighting products. UL 588 has
C. Seasonal and Decorative Lighting
providing a seasonal or holiday
Products been updated over the years to address
decorative display having illumination
The final rule uses the phrase various safety issues to make seasonal
or other decorative effects. A decorative
‘‘seasonal and decorative lighting and decorative lighting products safer,
product may contain a lighting string as
products’’ to identify the lighting see 79 FR 62083; Staff’s Briefing
part of the decorative illumination. A
products that are within the scope of the Package on Seasonal and Decorative
lighting string provided with decorative
rule. The final rule defines ‘‘seasonal Lighting Products, dated October 2,
covers over the lamps is a decorative
and decorative lighting products’’ 2014 (‘‘Staff NPR Briefing Package’’),
outfit. If not constructed properly,
consistent with the description of Tab B, Abbreviated History of Seasonal
lighting powered by 120 volts can be
products subject to UL 588, as set forth and Decorative Lighting Products and
damaged easily and can pose a risk of
in section 1 of UL 588. ‘‘Seasonal and electrical shock or fire. the Associated UL Standard, at: http://
decorative lighting products’’ are Lighting products that are excluded www.cpsc.gov/Global/Newsroom/FOIA/
portable, plug-connected, temporary-use from the scope of the rule are subject to CommissionBriefingPackages/2015/
lighting products and accessories that different voluntary standards or do not ProposedRuletoAmendSubstantial
have a nominal 120-volt input voltage present the same risk of injury. Based on ProductHazardListtoIncludeSeasonal
rating. Lighting products within the the comments to the proposed rule, the andDecorativeLightingProducts.pdf.
scope of the rule are factory-assembled final rule clarifies that ‘‘solar-powered Specifically, UL 588, made effective on
with push-in, midget- or miniature- products’’ are not within the scope of January 1, 1997, set forth the current
screw base lampholders connected in the rule because solar-powered seasonal requirements for overcurrent protection
series or with candelabra- or lights are not connected to a 120-volt and minimum wire size; and the current
intermediate-screw base lampholders branch circuit and do not present the strain relief requirement has been in
connected in parallel, directly across the same risk of injury due to shock and effect since 1994.
120 volt input. Such lighting products fire. Additionally, the final rule clarifies Table 2 in the preamble to the NPR,
include lighted decorative outfits, such the type of tube lighting that is not at 79 FR at 62083, summarized the
as stars, wreathes, candles without within the scope of the rule. The readily observable characteristics for
shades, light sculptures, blow-molded proposed rule used the phrase ‘‘flexible seasonal and decorative lighting
(plastic) figures, and animated figures. tube lighting strings of lights intended products. Table 2 was intended to
Lighting products outside the scope of for illumination.’’ The final rule present a summary of the relevant
the rule include: Battery-operated replaces this phrase with: ‘‘flexible provisions of UL 588. As one
products; solar-powered products; lighting products incorporating non- commenter noted, the ‘‘strain relief’’
products that operate from a transformer replaceable series and series/parallel column shown in Table 2 in the
or low-voltage power supply; flexible connected lamps enclosed within a preamble to the NPR cited SB16 of UL
lighting products incorporating non- flexible polymeric tube or extrusion.’’ 588, instead of section SB15, and
replaceable series and series/parallel- The description of tube lighting was showed the strain relief load as 24 lbs.
connected lamps enclosed within a revised to clarify that such tube lighting instead of 20 lbs. Table 1, below, is a
flexible polymeric tube or extrusion; is not covered by UL 588 but is covered revised version of Table 2 from the
and portable electric lamps that are used by another UL standard, UL 2388 preamble to the NPR. Table 1 shows the
to illuminate seasonal decorations. Flexible Lighting Products. This correct citation to section SB15 of UL
This definition of ‘‘seasonal and clarification is not intended to alter the 588 and the correct strain relief loads.
decorative lighting products’’ is adapted scope of products covered by the rule; Staff Final Rule Briefing Package
from descriptions of lighting products the revision is intended to clarify that at 3–4.
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![25220 Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Rules and Regulations
found at the ports, CPSC can rely on the ‘‘substantial product hazard’’ that needs manufactured before 2000 are in use,
rule to request that Customs and Border to be addressed by a regulation, noting which CPSC allegedly uses to show that
Protection (‘‘CBP’’) seize the defective that the UL standard has already UL is only partially effective. The
products through its authority under the addressed the hazards associated with commenter asserts that lighting
Tariff Act. This streamlined process seasonal and decorative lighting products are used for many years;
should reduce Commission staff and the products. • failing to show any recent deaths or
monetary resources required to prevent Response 3: The commenters appear injuries since 2000 when UL was
defective products from entering the to misunderstand the nature and allegedly last updated; and
market. purpose of the NPR, as well as the • failing to show that any deaths
Comment 2: Many commenters stated Commission’s authority to issue a rule associated with lighting products were
that existing standards, such as UL under section 15(j) of the CPSA. The caused by product defects related to the
standards, are sufficient in ‘‘regulating’’ Commission disagrees that the NPR three properties that the UL standards
seasonal lights and that the agency did violated the APA and is arbitrary and address (safe wire size, safety fuse, and
not provide a rational basis for selecting capricious. The NPR provides adequate strain protection).
seasonal and decorative lighting rationale for the proposed rule and The commenter stated that the
products for regulation. Another meets the requirements of section 553(b) proposed rule provides no rational basis
commenter opposed codifying the UL of the APA, which requires that a for assuming that any residual hazard
standard, arguing that codifying the proposed rule: related to the UL standards exists.
standard would ‘‘ossify’’ the voluntary • Be published in the Federal Response 4: This commenter also
standards process and make the UL Register; seems to misunderstand the 15(j) rule.
standard ‘‘rigid,’’ more difficult to • provide a statement of the time, The data presented in the NPR are
improve, and ultimately make the place, and nature of public rule making intended to demonstrate the
public less safe. proceedings; effectiveness of the voluntary standard,
Response 2: This proceeding concerns • reference the legal authority under UL 588, not that additional regulation is
a rule under section 15(j) of the CPSA which the rule is proposed; and necessary because UL 588 is only
and would not codify UL 588 or any • provide either the terms or
partially effective.
other standard. Rather, under the rule, substance of the proposed rule or a
Comment 5: One commenter
seasonal and decorative lighting description of the subjects and issues
requested confirmation that current
products that do not have specified involved.
As discussed in the NPR, seasonal certification markings from UL, Intertek
characteristics that conform to UL 588 Co (‘‘ETL’’), or the CSA Group, or
would be considered to present a and decorative lighting products have a
history of causing deaths and injury. products carrying a listing, are
substantial product hazard. This means considered to be in conformance with
that such products could be stopped at However, the Commission agrees with
the commenters that UL 588 effectively these requirements and the proposed
the ports or otherwise prevented from
addresses the risks caused by rule does not require any paperwork,
distribution in the United States. The
insufficient wire size, inadequate strain such as certificates or permits.
rule would not replace UL 588 or
relief, and lack of overcurrent Response 5: The Commission agrees
‘‘ossify’’ the standard; rather, the rule
protection. UL 588 addresses these that, unless an importer or retailer has
would work in tandem with the UL
issues because the absence of these reason to believe that UL, ETL, or CSA
standard to help provide safer products
minimum safety characteristics poses a certification markings are counterfeit,
to consumers. If UL revises the
risk of injury, fire, and electric shock to such marks should indicate compliance
referenced provisions of UL 588 in the
consumers. The Commission’s 15(j) rule with UL 588. Because a rule under
future, the Commission can revise the
recognizes that products that do not section 15(j) of the CPSA is not a
rule to reference the updated version.
Pages 62083 and 62084 of the NPR conform to UL 588 regarding minimum consumer product safety rule, a final
provided a rational basis for selecting wire size, sufficient strain relief, and rule will not impose additional
seasonal and decorative lighting overcurrent protection, present a paperwork such as certificates of
products. Lighting products that lack substantial product hazard. compliance on importers or
minimum safety characteristics pose a A rule under section 15(j) of the CPSA manufacturers.
substantial risk of injury to consumers, is not a consumer product safety rule, Comment 6: One commenter
and the Commission has the authority but rather, is a Commission questioned the definition of ‘‘readily
and obligation to remove such defective determination of a substantial product observable,’’ and two commenters
products from the stream of commerce. hazard. No injury data are required to questioned whether all three readily
Comment 3: One commenter stated find that a product presents a observable characteristics need to be
that the NPR violated the substantial product hazard under met.
Administrative Procedure Act (‘‘APA’’), section 15(a)(2) of the CPSA. Instead, Response 6: All three readily
and was ‘‘on its face arbitrary and under section 15(a)(2), products are observable characteristics on a seasonal
capricious and without any reasonable evaluated for defects that have the and decorative lighting product must be
foundation’’ because no rational basis potential to cause a substantial risk of in conformance with UL 588. Under the
was described in the proposed rule for injury to the public. Even if the rule, if one or more characteristics are
a new federal regulation on seasonal Commission has no reported injuries, missing, the product presents a
and decorative lighting products. Many the Commission could still find that a substantial product hazard under
commenters indicated that they product has a defect which creates a section 15(a)(2) of the CPSA.
considered the rule unnecessary, when substantial risk of injury to the public. The Commission has not defined the
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CPSC’s own data demonstrate that the Comment 4: One commenter stated term ‘‘readily observable,’’ preferring
UL standard appears to be effective at that CPSC misused the data cited in the instead to evaluate the concept on a
reducing the risk of injury associated proposed rule, making three case-by-case basis. The proposed rule
with seasonal and decorative lighting fundamental errors: states:
products. Some commenters stated that • Implicitly assuming that no older The Commission did not define a ‘‘readily
the proposed rule does not describe a versions of lighting products observable’’ characteristic in either [previous]
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![25222 Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Rules and Regulations
• Transformer or low-voltage power has been changed from the phrase OSHA’s Web site as of February 23,
supplied products, such as adaptor- ‘‘flexible tube lighting strings of lights 2015 (https://www.osha.gov/dts/otpca/
powered products that use a low voltage intended for illumination’’ to the phrase nrtl/).
Class 2 power source or ITE power ‘‘flexible lighting products incorporating The Commission interprets the
source, that are third party certified by non-replaceable series and series/ comment to suggest that if a product has
an NRTL lab. parallel connected lamps enclosed a mark indicating certification by an
• Flexible Lighting Products, as within a flexible polymeric tube or NRTL, CPSC should consider the
covered in the scope of UL 2388 extrusion’’ to describe out-of-scope product to be compliant with the
(described as ‘‘Flexible Tube Lighting lighting products. The Commission applicable provisions of UL 588 and not
Strings’’ in the proposed rule). believes that this language, taken from conduct any further review of the
Response 14: The Commission agrees UL 2388, the voluntary standard that product. The Commission believes that
with the commenter that the scope of applies to flexible lighting, will clarify products that are legitimately listed to
the rule is not intended to include the that flexible lighting products subject to UL 588 by an NRTL are likely to be in
types of products listed above. Section UL 2388 are not within the scope of the compliance with UL 588 and not likely
1120.2(d) of the final rule already states rule. This clarification is not intended to to present a substantial product hazard.
that battery-operated products, products alter the scope of products covered by However, because such marks are
that operate from a transformer or low- the rule; the revision merely clarifies sometimes counterfeit, CPSC will use
voltage power supply; flexible tube that flexible tube lighting products product labeling as but one factor in its
lighting [clarified in response 15 below] covered by UL 2388 are not within the decision process when determining
intended for illumination; and portable scope of the rule. which products to investigate for
electric lamps that are used to Comment 16: One commenter asked compliance.
illuminate seasonal decorations are all for confirmation that seasonal and Regardless of labeling, CPSC may
outside the scope the rule. Products decorative lighting products that are evaluate any electrical product for
listed as out of scope are excluded third party certified to ANSI/UL 588 by whether it poses a substantial product
because they are not subject to the same a Nationally Recognized Testing hazard. For example, CPSC staff’s
types of hazards as products within the Laboratory (‘‘NRTL’’), such as UL, CSA, existing practice is to evaluate products
scope of the rule; or, such products are or ETL, ‘‘would be considered in at the ports to assess whether they
not subject to UL 588, but rather, are compliance with this rule and would present a substantial product hazard,
subject to a different voluntary standard. not require further review.’’ and non-compliance to a relevant
The definition in § 1120.2(d) of the final Additionally, the commenter requested voluntary standard may provide
rule has been clarified to state that solar- confirmation that products such as a evidence of a hazard. Even if electrical
powered lights are not within the scope pre-lit artificial tree, or a pre-lit artificial products are not subject to a rule under
of the rule because solar-powered wreath, as long as the decorative section 15(j) of the CPSA, CPSC field
seasonal lights are not connected to a lighting (for example, a 120V cord staff can collect samples of non-
120 volt branch circuit and do not connected incandescent or LED light conforming products and send them to
present the same risk of injury of shock string that is series or parallel connected CPSC’s lab, NPTEC, for further testing
and fire. Thus, § 1120.2(d) of the final and has push in, screw in or non- and evaluation.
rule now lists ‘‘solar-powered products’’ Comment 17: The commenter asked
replaceable bulbs) is third party
as outside the scope of the final rule. why ‘‘unlighted ornaments that replace
certified by an NRTL (such as UL, CSA,
Comment 15: One commenter stated a push-in mini-bulb’’ are exempt from
or ETL) to ANSI/UL 588, are considered
that the proposed rule should clarify this rule, suggesting that these
to be in compliance with the proposed
which products are addressed by the ornaments have the same fire and shock
rule and would not require further
term ‘‘flexible tube lighting strings’’ hazard as ornaments that are lighted,
because CPSC could be excluding review, even if the entire pre-lit have the same strain relief and wire
products that should fall within the artificial tree or wreath, as a whole with gauge requirements as lighted
scope of the rule, as they are addressed lights, is not UL, CSA, or ETL certified. ornaments in UL 588, and should be
Response 16: According to the
in UL 588. The commenter stated that treated as in-scope. He added that the
Occupational Health and Safety
use of the term ‘‘flexible tube lighting only difference between lighted and
Administration (‘‘OSHA’’), an NRTL is a
strings’’ could describe a UL 588- unlighted ornaments of this type is that
private sector organization recognized
covered product connected directly they are not required by UL 588 to have
by OSHA to perform required product
across a 120V supply that uses a fusing.
standard string of lights placed inside a certification to electrical standard Response 17: Table 1 in the NPR
rigid or flexible tube. The commenter requirements: provided a non-exhaustive list of
suggested changing the term ‘‘flexible Each NRTL has a scope of test standards that examples of lighting products that fall
tube lighting strings’’ to ‘‘flexible they are recognized for, and each NRTL uses within, and outside of, the scope of the
lighting products,’’ in accordance with its own unique registered certification proposed rule. Ornaments that replace a
mark(s) to designate product conformance to
the scope of ANSI/UL 2388, Sections 1.1 the applicable product safety test standards.
push-in mini-bulb do not fall within the
and 1.2 and add ‘‘Flexible Lighting After certifying a product, the NRTL definition of products in § 1120.2(d) of
Products that conform with the ANSI/ authorizes the manufacturer to apply a the rule because these products do not
UL 2388 scope and definitions’’ to the registered certification mark to the product. have 120 volt input ratings.
‘‘Rope, tube, . . ..’’ listing in- ‘‘out-of- If the certification is done under the NRTL Additionally, in the experience of CPSC
scope’’ products. program, this mark signifies that the NRTL staff, ornaments, regardless of whether
Response 15: The Commission agrees tested and certified the product, and that the they are lighted or unlighted (including
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that the term ‘‘flexible tube lighting product complies with the requirements of motorized and electronic items), have
one or more appropriate product safety test
strings’’ could be misconstrued to standards. Users of the product can generally
not presented the same hazard as
exempt some products that are covered rely on the mark as evidence that the product products within the scope of the rule. In
by UL 588. Accordingly, the definition complies with the applicable OSHA approval fact, CPSC has not found any such
of ‘‘seasonal and decorative lighting requirement(s) and is safe for use in the products in its archives to present a
products’’ in § 1120.2(d) of the final rule workplace. substantial product hazard.
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XI. Effective Date polymeric tube or extrusion; and Children’s Upper Outerwear, approved
The preamble to the proposed rule portable electric lamps that are used to June 10, 1997, published August 1998
stated that a final rule deeming that any illuminate seasonal decorations. (‘‘ASTM F 1816–97’’), IBR approved for
seasonal and decorative lighting product ■ 3. In § 1120.3, republish the § 1120.3(b).
that does not conform to sections 6, 7, introductory text, revise paragraphs (a) (2) [Reserved]
15, 71, 79, and SB15 of UL 588 with and (b)(1), and add paragraph (c), to (c) Underwriters Laboratories, Inc
regard to minimum wire size, sufficient read as follows: (‘‘UL’’), 333 Pfingsten Road, Northbrook,
strain relief, and overcurrent protection IL 60062 or through UL’s Web site:
§ 1120.3 Products deemed to be www.UL.com.
is a substantial product hazard would substantial product hazards.
take effect 30 days after publication of (1) UL 588, Standard for Safety for
The following products or class of Seasonal and Holiday Decorative
the rule in the Federal Register. We products shall be deemed to be
received no comments on the effective Products, 18th Edition, approved
substantial product hazards under August 21, 2000 (‘‘UL 588’’), IBR
date. Accordingly, the final rule will section 15(a)(2) of the CPSA:
apply to seasonal and decorative approved for § 1120.3(c).
(a) Hand-supported hair dryers that (2) UL 859, Standard for Safety for
lighting products imported or do not provide integral immersion
introduced into commerce on June 3, Household Electric Personal Grooming
protection in compliance with the Appliances, 10th Edition, approved
2015. requirements of section 5 of UL 859, or August 30, 2002, and revised through
List of Subjects in 16 CFR Part 1120 section 6 of UL 1727 (incorporated by June 3, 2010 (‘‘UL 859’’), IBR approved
reference, see § 1120.4). for § 1120.3(a).
Administrative practice and
(b)(1) Children’s upper outerwear in (3) UL 1727, Standard for Safety for
procedure, Clothing, Consumer
sizes 2T to 16 or the equivalent, and Commercial Electric Personal Grooming
protection, Household appliances,
having one or more drawstrings, that is Appliances, 4th Edition, approved
Imports, Incorporation by reference,
subject to, but not in conformance with, March 25, 1999, and revised through
Infants and children, Lighting.
the requirements of ASTM F 1816–97 June 25, 2010 (‘‘UL 1727’’), IBR
For the reasons stated above, and (incorporated by reference, see
under the authority of 15 U.S.C. 2064(j), approved for § 1120.3(a).
§ 1120.4).
5 U.S.C. 553, and section 3 of Public Alberta E. Mills,
* * * * *
Law 110–314, 122 Stat. 3016 (August Acting Secretary, Consumer Product Safety
(c) Seasonal and decorative lighting
14, 2008), the Consumer Product Safety Commission.
products that lack one or more of the
Commission amends 16 CFR part 1120 [FR Doc. 2015–10342 Filed 5–1–15; 8:45 am]
following characteristics in
to read as follows:
conformance with requirements in BILLING CODE 6355–01–P
PART 1120—SUBSTANTIAL PRODUCT sections 6, 7, 15, 71, 79, and SB15 of UL
HAZARD LIST 588 (incorporated by reference, see
§ 1120.4): DEPARTMENT OF HEALTH AND
■ 1. The authority citation for part 1120 (1) Minimum wire size requirements HUMAN SERVICES
continues to read as follows: in section 6 of UL 588;
(2) Sufficient strain relief Food and Drug Administration
Authority: 15 U.S.C. 2064(j).
requirements in sections 15, 71, 79, and
■ 2. In § 1120.2, add paragraph (d) to SB15 of UL 588; or 21 CFR Part 890
read as follows: (3) Overcurrent protection [Docket No. FDA–2014–N–1903]
requirements in section 7 of UL 588.
§ 1120.2 Definitions.
■ 4. Add § 1120.4 to read as follows: Medical Devices; Physical Medicine
* * * * *
Devices; Classification of the Powered
(d) Seasonal and decorative lighting § 1120.4 Standards incorporated by
Lower Extremity Exoskeleton;
product means portable, plug- reference.
Republication
connected, temporary-use lighting (a) The standards required in this part
products and accessories that have a are incorporated by reference (‘‘IBR’’) AGENCY: Food and Drug Administration,
nominal 120 volt input voltage rating. into this section with the approval of HHS.
Lighting products within the scope of the Director of the Federal Register ACTION: Final order; republication.
the rule are factory-assembled with under 5 U.S.C. 552(a) and 1 CFR part 51.
push-in, midget- or miniature-screw You may inspect all approved material SUMMARY: The Food and Drug
base lampholders connected in series or at the Office of the Secretary, U.S. Administration (FDA or the Agency) is
with candelabra- or intermediate-screw Consumer Product Safety Commission, republishing in its entirety a final order
base lampholders connected in parallel, Room 820, 4330 East West Highway, entitled ‘‘Medical Devices; Physical
directly across the 120 volt input. Such Bethesda, MD 20814, telephone 301– Medicine Devices; Classification of the
lighting products include lighted 504–7923, or at the National Archives Powered Lower Extremity Exoskeleton’’
decorative outfits, such as stars, and Records Administration (‘‘NARA’’). that published in the Federal Register
wreathes, candles without shades, light For information on the availability of on February 24, 2015. FDA is
sculptures, blow-molded (plastic) this material at NARA, call 202–741– republishing to correct an inadvertent
figures, and animated figures. Lighting 6030, or go to: http://www.archives.gov/ omission of information. FDA is
products outside the scope of the rule federal-register/cfr/ibr-locations.html. classifying the powered lower extremity
include: Battery-operated products; (b) ASTM International, 100 Barr exoskeleton into class II (special
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solar-powered products; products that Harbor Drive, P.O. Box C700, West controls). The special controls that will
operate from a transformer or low- Conshohocken, PA 19428–2959 USA, apply to the device are identified in this
voltage power supply; flexible lighting telephone: 610–832–9585; http:// order and will be part of the codified
products incorporating non-replaceable www2.astm.org/. language for the powered lower
series and series/parallel connected (1) ASTM F 1816–97, Standard Safety extremity exoskeleton’s classification.
lamps enclosed within a flexible Specification for Drawstrings on The Agency is classifying the device
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Document Created: 2018-02-21 10:22:34
Document Modified: 2018-02-21 10:22:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective date: The rule takes effect on June 3, 2015. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of June 3, 2015. | |
| Contact | Mary Kroh, Office of Compliance and Field Operations, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone: 301-987-7886; [email protected] | |
| FR Citation | 80 FR 25216 | |
| CFR Associated | Administrative Practice and Procedure; Clothing; Consumer Protection; Household Appliances; Imports; Incorporation by Reference; Infants and Children and Lighting |
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