CPSC ANPR Seeks Comments on Need to Update, Strengthen the Regulation of Fireworks Devices
The Consumer Product Safety Commission (CPSC) has issued an advance notice of proposed rulemaking (ANPR) which announces that it is considering whether there may be a need to update and strengthen its regulation of fireworks devices.
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According to CPSC, this ANPR initiates a rulemaking proceeding under the Federal Hazardous Substances Act (FHSA).
The CPSC states that it is soliciting written comments by September 11, 2006 concerning: (1) the risks of injury associated with fireworks that do not comply with the current fireworks device regulations, (2) certain regulatory options discussed in the ANPR, (3) other possible ways to address these risks, and (4) the economic impacts of the various regulatory alternatives.
The CPSC is also inviting interested persons to submit an existing standard, or a statement of intent to modify or develop a voluntary standard, to address the risk of injury described in this notice.
CPSC Cites Decreased Compliance, Increased Risk of Injury from Fireworks
According to the CPSC, the overall percentage rate of compliance with CPSC standards (16 CFR Part 1507) for tested fireworks remained relatively steady in the years 2002 through 2004 (71%, 73%, and 72%); however, the compliance rate dropped to 59% of the fireworks tested in 2005. CPSC notes that in the same year, fireworks certified to the American Fireworks Standards Laboratory (AFSL) voluntary standard enjoyed a significantly higher percentage of compliance (83%) with CPSC standards.
Furthermore, CPSC states that in the past few years, there has been an increase in the estimated number of injuries due to fireworks devices.
CPSC to Decide Whether to Issue a Proposed Rule, Outlines Alternatives to Reduce Risk
The CPSC explains that after considering any comments submitted in response to the ANPR, it will decide whether to issue a proposed rule and a preliminary regulatory analysis in accordance with section 3(h) of the FHSA.
According to the CPSC, one or more of the following alternatives could be used to reduce the identified risks associated with fireworks:
Mandatory certification. The CPSC could issue a rule requiring mandatory certification to the fireworks device regulations of the FHSA. This would encourage manufacturers to conduct testing or make use of independent testing laboratories as a basis for certification.
Mandatory standard. The CPSC could issue a rule specifying certain additional requirements fireworks devices must meet. The CPSC is required to invite any person to submit to the CPSC an existing standard or a portion of a standard as a proposed regulation under section 2(q)(1) or section 3(e) of the FHSA.
Reliance on voluntary standard. The CPSC is required to consider voluntary standards in its mandatory rulemaking. Specifically, the CPSC is required to invite any person to submit to the CPSC a statement of intention to modify or develop a voluntary standard to address the risk of injury together with a description of the plan to modify or develop the standard.
Corrective actions under section 15 of the FHSA. The CPSC has authority under section 15 of the FHSA to pursue corrective actions on a case-by-case basis if it determines that a product constitutes a banned hazardous substance.
(See ITT's Online Archives or 08/03/05 news, 05080330, for BP summary of CPSC's draft plan to improve the safety of certain consumer products from China, including fireworks. In its ANPR, the CPSC notes that the bulk of all fireworks imported into the U.S. are imported from China.)
-written comments must be received by September 11, 2006
CPSC Contact - Barbara Parisi (301) 504-7879
CPSC ANPR (FR Pub 07/12/06) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-10881.pdf