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CPSC ANPR Considers Mandatory Performance Standards for Portable Generators

The Consumer Product Safety Commission (CPSC) has issued an advanced notice of proposed rulemaking (ANPR) that discusses a broad range of regulatory approaches that could be used to reduce portable generator-related deaths and injuries, particularly those related to carbon monoxide (CO) poisoning, that could result in mandatory performance standards for portable generators. Written comments must be received by February 12, 2007.

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(According to the CPSC, because the majority of deaths reported involving portable generators are associated with CO poisoning, its review of the voluntary standards and proposed alternatives has focused primarily on the CO hazard.)

Possible Regulations May Include Certification Labeling, Performance, and Warning Label Requirements, Possible Ban

In this ANPR, CPSC discusses regulatory alternatives to address the risks of injury associated with portable generators, including a certification labeling requirement. Among performance requirements for portable generators, the CPSC may consider weatherization, reducing the allowable CO emission rates, and/or interlock devices. The CPSC states that it could also consider incorporating a warning label for portable generators into any standard issued, as discussed in its previous proposed rule.

According to the CPSC, it also has the authority to ban portable generators if it finds that no feasible consumer product safety rule would adequately protect the public from an unreasonable risk of injury associated with them.

(The CPSC notes that there is currently no U.S. voluntary safety standard specifically applicable to portable generators2. However, Underwriters Laboratories is currently developing the first edition of certain voluntary standards. CPSC staff has submitted comments and recommended certain performance requirements, etc. for inclusion in the proposed standard.

In December 2004, the Standards Technical Panel decided that the draft proposed standard would move forward without performance requirements to address CO emissions and weatherization or testing requirements for cold weather operation.)

CPSC Invites Comments on Regulatory Alternatives, Voluntary Standards, Etc.

The CPSC invites public comment on the regulatory alternatives and any other approaches that could reduce portable generator-related deaths and injuries due to CO poisoning, as well as shock/electrocution, fire, and burns. The CPSC also invites 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 ANPR.

1 The CPSC previously issued a proposed rule to enhance the effectiveness of warning labels for portable generators. The CPSC states that depending on the outcome of that proceeding, at some future time the result might be incorporated into any consumer product safety standard issued. (See ITT's Online Archives or 08/30/06 news, 06083025, for BP summary of the CPSC's proposed rule on requiring portable generator warning labels.)

2 The Occupational Safety and Health Administration does have regulations pertaining to portable generators used in the workplace, but these regulations focus primarily on electrical hazards.

-Written comments must be received by February 12, 2007.

CPSC Contact - Janet Buyer (301) 504-7542

CPSC ANPR (FR Pub 12/12/06) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-21131.pdf