Amendment to Fireworks Safety Standards; Advance Notice of Proposed Rulemaking; Request for Comments and Information, 39249-39251 [E6-10881]
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Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Proposed Rules
penalty in relation to the size of the
business of the person charged. The Act
also allows the Commission to
compromise any civil penalty under
section 20. In determining the amount
of a penalty settlement, the Commission
is instructed to consider the same five
factors.
(b) Other factors. In determining the
appropriateness and the amount of any
civil penalty to be pursued in
negotiations when a violation of the
reporting requirements of section 15(b)
or other requirements of section 19(a)
have occurred, in addition to the
statutory factors set forth in section 20
of the CPSA, the Commission and the
staff may consider, as appropriate, one
or more of the following:
(1) Previous record of compliance.
The Commission and the staff may
consider whether the firm has had
previous safety, reporting or other
violations, and, if so, whether the firm
has taken action to address previous
violations and to improve compliance
with applicable CPSC safety
requirements.
(2) Timeliness of response. With
regard to the matter under review, the
Commission and the staff may consider
how quickly the firm responded to
relevant information it obtained (or
reasonably should have obtained), and
the extent to which any injuries might
reasonably have been prevented by
more timely reporting or other required
action.
(3) Safety and compliance monitoring.
The Commission and the staff may
consider the extent to which the firm
has adopted a system for collecting and
analyzing safety information and for
evaluating reporting issues (including
such system’s application in the matter
under review).
(4) Cooperation and good faith. The
Commission and the staff may consider
the degree to which the firm cooperated
and acted in good faith to address
reporting or other product safety
violations or other issues, both generally
and with regard to the specific matter
under review.
(5) Economic gain from noncompliance. The Commission and the
staff may consider the extent to which
the firm profited or otherwise benefitted
from an improper delay in reporting or
complying with other applicable CPSC
safety requirements.
(6) Product failure rate. With regard to
the product and matter under review,
the Commission and the staff may
consider the reasonably expected rate of
failure for that type of product over
time.
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(7) Any other pertinent factors. The
Commission and staff may consider any
other pertinent factors.
Dated: July 7, 2006.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. E6–10963 Filed 7–11–06; 8:45 am]
BILLING CODE 6355–01–P
16 CFR Parts 1500 and 1507
Amendment to Fireworks Safety
Standards; Advance Notice of
Proposed Rulemaking; Request for
Comments and Information
Consumer Product Safety
Commission.
ACTION: Advance notice of proposed
rulemaking.
AGENCY:
SUMMARY: The Commission is
considering whether there may be a
need to update and strengthen its
regulation of fireworks devices. This
advance notice of proposed rulemaking
(‘‘ANPR’’) initiates a rulemaking
proceeding under the Federal
Hazardous Substances Act (‘‘FHSA’’).
The Commission is soliciting written
comments concerning the risks of injury
associated with fireworks that do not
comply with the current fireworks
device regulations, the regulatory
options discussed in this notice, other
possible ways to address these risks,
and the economic impacts of the various
regulatory alternatives. The Commission
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 notice.1
DATES: Written comments and
submissions in response to this notice
must be received by September 11,
2006.
ADDRESSES: Comments should be emailed to cpsc-os@cpsc.gov. Comments
should be captioned ‘‘FIREWORKS
ANPR.’’ Comments may also be mailed,
preferably in five copies, to the Office of
the Secretary, Consumer Product Safety
Commission, Room 502, 4330 East-West
Highway, Bethesda, Maryland 20814, or
delivered to the same address
(telephone (301) 504–0800). Comments
also may be filed by facsimile to
(301)504–0127.
1 Commissioner Thomas H. Moore filed a
statement which is available from the Office of the
Secretary or on the Commission’s Web site at https://
www.cpsc.gov.
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Fmt 4702
FOR FURTHER INFORMATION CONTACT:
Barbara E. Parisi, Office of General
Counsel, Consumer Product Safety
Commission, 4330 East-West Highway,
Bethesda, Maryland 20814; telephone
(301) 504–7879 or e-mail:
bparisi@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
CONSUMER PRODUCT SAFETY
COMMISSION
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On May 14, 1973, the Consumer
Product Safety Commission, pursuant to
section 30(a) of the Consumer Product
Safety Act (CPSA) (15 U.S.C. 2079(a)),
assumed responsibility for and
administration of the FHSA. On
September 27, 1973 (38 FR 27012), the
Commission transferred existing
fireworks regulations under the FHSA
from 21 CFR parts 191 and 191d to 16
CFR parts 1500 and 1507.
In addition to these mandatory CPSC
regulations, the American Fireworks
Standards Laboratory (AFSL) has
developed voluntary standards
pertaining to fireworks. The AFSL
standards incorporate both CPSC and
Department of Transportation
regulations as well as a number of
standards developed by AFSL that are
in addition to Federal requirements.
AFSL is an independent, non-profit
corporation that was established in 1989
by members of the fireworks industry. It
is administered by a 12-member Board
of Directors representing companies that
manufacture or import fireworks into
the United States. Currently, AFSL has
approximately 140 U.S. importer
members in its program. AFSL tests
fireworks in China for its members prior
to exportation to the United States.
Other testing organizations offer similar
services in China, generally following
the AFSL standards or close variation.
B. The Product
A firecracker is a device consisting of
an explosive pyrotechnic composition
in a fused container with the primary
function of producing an audible effect.
The term ‘‘fireworks devices’’ includes
firecrackers and other devices using a
pyrotechnic composition which when
ignited produce visual and sometimes
audible effects. Fireworks devices
include consumer fireworks, which are
regulated by the CPSC, and
professional/display fireworks, which
fall under the jurisdiction of the Bureau
of Alcohol, Tobacco, Firearms and
Explosives. Consumer fireworks
generally fall into the following twelve
device classifications: (1) Combination
items; (2) Comets, Mines and Shells; (3)
Firecrackers; (4) Fountains; (5) Ground
Spinners and Chasers; (6) Specialty
Items; (7) Party, Trick and Toy Smoke
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Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Proposed Rules
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Devices; (8) Reloadable Tube Aerial
Shells; (9) Roman Candles; (10)Sky
Rockets, Missiles, and Helicopters; (11)
Hand-held Sparkling Devices; and (12)
Wheels.
According to a June 27th 2005 press
release from the U.S. Census Bureau, the
value of fireworks imported from China
into the United States in 2004 was
$164.2 million. This represented the
bulk of all U.S. firework imports ($172.5
million). By comparison, U.S. exports of
fireworks came to just $14.3 million.
The CPSC staff regularly samples
fireworks imports and tests these
samples to determine compliance with
the regulations set forth in 16 CFR Part
1507. While the overall percentage rate
of compliance of tested fireworks
remained relatively steady in the years
2002 through 2004 (71%, 73%, and
72%), the compliance rate dropped to
just 59% of the fireworks tested in 2005.
Fireworks that had been certified to the
AFSL voluntary standard enjoyed a
significantly higher percentage of
compliance with CPSC standards, i.e.,
83% compliance in 2005.
C. The Risk of Injury
In the past few years, there has been
an increase in the estimated number of
injuries due to fireworks devices. In the
Commission’s 2005 Fireworks Annual
Report, fireworks devices were involved
in an estimated 10,800 injuries requiring
treatment in U.S. hospital emergency
departments, as compared to 9,600 in
2004, 9,300 in 2003, and 8,000 in 2002.
According to that report, the
Commission had reports of four deaths
associated with fireworks during 2005.
During 2004, the Commission received
reports of eight deaths associated with
fireworks. During a one month special
study between June 18, 2005 and July
18, 2005, an estimated 6,500 fireworks
related injuries were treated in U.S.
hospital emergency departments 2
(compared with 6,600 injuries in the
2004 special study and 6,800 injuries
during the 2003 special study period).
The results of the one-month special
study conducted in 2005 by CPSC staff
showed that: injuries to children were a
major component of total fireworksrelated injuries with children under 15
accounting for 45 percent of the
estimated injuries; children and young
adults under 20 had 55 percent of the
estimated injuries; there were an
estimated 100 injuries at public
fireworks displays; the parts of the body
most often injured were hands
(estimated 2,000 injuries), eyes (1,600
injuries) and the head, face and ear
(1,300 injuries); and more than half of
2 95
percent confidence interval 4,900—8,100.
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18:09 Jul 11, 2006
Jkt 208001
the injuries involved burns. Burns were
the most common injury to all parts of
the body except the eyes, where
contusions, lacerations, and foreign
bodies in the eye occurred more
frequently.
D. Relevant Statutory Provisions
This advance notice of proposed
rulemaking initiates a rulemaking
proceeding under the FHSA. Section 3
of the FHSA specifies the procedure the
Commission follows to issue a
mandatory consumer product safety
standard. The Commission commences
the rulemaking by issuing an ANPR,
which must identify the product and the
risk of injury, summarize regulatory
alternatives, and invite comments or
suggested standards from the public. 15
U.S.C. 1262(f). After considering any
comments submitted in response to the
ANPR, the Commission will decide
whether to issue a proposed rule and a
preliminary regulatory analysis in
accordance with section 3(h) of the
FHSA.
If a proposed rule is issued, the
Commission would then consider the
comments received in response to the
proposed rule in deciding whether to
issue a final rule and a final regulatory
analysis. 15 U.S.C. 1262(i).
Additionally, Section 10 of the FHSA
provides the Commission with authority
to ‘‘promulgate regulations for the
efficient enforcement of [the FHSA].’’
One option the Commission has under
this provision is to issue a rule requiring
mandatory certification to the fireworks
device regulations of the FHSA.
E. Existing Standards
The Commission regulates fireworks
devices under the Federal Hazardous
Substances Act (‘‘FHSA’’). 15 U.S.C.
1261–1278. Under its current
regulations, the Commission has
declared certain fireworks devices to be
‘‘banned hazardous substances.’’ 16 CFR
Parts 1500.17(a)(3), (8), (9), (11) and
(12). Other fireworks devices must meet
specific requirements to avoid being
classified as banned hazardous
substances. 16 CFR Part 1507.
Commission regulations also prescribe
specific warnings required on various
legal fireworks devices, 16 CFR
1500.14(b)(7), and designate the size
and location of these warnings. 16 CFR
1500.121.
The American Fireworks Standards
Laboratory (AFSL) developed
performance and labeling standards for
twelve categories of consumer fireworks
devices. These twelve categories are: (1)
Combination items; (2) comets, mines,
and shells; (3) firecrackers; (4)
fountains; (5) ground spinners and
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chasers; (6) specialty items; (7) party,
trick, and toy smoke devices; (8)
reloadable tube aerial shells; (9) roman
candles; (10) sky rockets, missiles, and
helicopters; (11) hand-held sparkling
devices; and (12) wheels. According to
AFSL, the standards were developed by
a Standards Committee representing
various segments of the fireworks
industry, Federal and state regulatory
authorities, consumers, and technical
experts. The AFSL standards
incorporate both CPSC and Department
of Transportation mandatory regulations
as well as a number of standards
developed by AFSL that are in addition
to Federal requirements.
The Department of Transportation
incorporates by reference the American
Pyrotechnics Association Standard 87–1
(‘‘Standard’’) as part of its regulations.
The Standard applies to fireworks
devices, pyrotechnic articles, and
novelties for entertainment purposes,
and is designed to enable
manufacturers, importers and
distributors of fireworks and novelties
to provide their customers with
products that can be transported and
used safely and without unreasonable
risk.
F. Regulatory and Non-Regulatory
Alternatives To Address the Risks of
Injury
One or more of the following
alternatives could be used to reduce the
identified risks associated with
fireworks devices.
1. Mandatory Certification. The
Commission 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.
2. Mandatory Standard. The
Commission could issue a rule
specifying certain additional
requirements fireworks devices must
meet. The Commission is required to
invite any person to submit to the
Commission an existing standard or a
portion of a standard as a proposed
regulation under section 2(q)(1) or
section 3(e) of the Federal Hazardous
Substances Act. (15 U.S.C. 1262(f)(5)). If
the Commission determines that any
standard submitted to it in response to
this invitation if promulgated (in whole,
in part, or in combination with any
other standard submitted to the
Commission) as a regulation under the
FHSA would eliminate or adequately
reduce the risk of injury, the
Commission may publish the standard,
in whole, in part, or in such
combination and with nonmaterial
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Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Proposed Rules
fireworks before they are distributed,
the costs associated with testing, and
the impact that testing has on both
compliance with the CPSC mandatory
fireworks device regulations and on
injuries.
Comments should be e-mailed to
cpsc-os@cpsc.gov. and should be
captioned ‘‘FIREWORKS ANPR.’’
Comments may also be mailed,
preferably in five copies, to the Office of
the Secretary, Consumer Product Safety
Commission, Room 502, 4330 East-West
Highway, Bethesda, MD 20814, or
delivered to the same address
(telephone (301) 504–0800). Comments
also may be filed by telefacsimile to
(301) 504–0127. All comments and
submissions should be received no later
than September 11, 2006.
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modifications, as a proposed regulation.
(15 U.S.C. 1262(g)(1)).
3. Reliance on Voluntary Standard.
The Commission is required to consider
voluntary standards in its mandatory
rulemaking. Specifically, the
Commission is required to invite any
person to submit to the Commission a
statement of intention to modify or
develop a voluntary standard to address
a risk of injury together with a
description of a plan to modify or
develop the standard. (15 U.S.C.
1262(f)(6)). If the Commission
determines that compliance with a
standard submitted to it in response to
this invitation is likely to result in the
elimination or adequate reduction of the
risk of injury identified in the notice,
and it is likely that there will be
substantial compliance with such
standard, then the Commission must
terminate the proceeding to promulgate
a regulation and publish a notice in the
Federal Register which includes the
determination of the Commission and
notifies the public that the Commission
will rely on the voluntary standard to
eliminate or reduce the risk of injury.
Before relying upon any voluntary
standard, the Commission must afford
interested parties a reasonable
opportunity to submit written
comments regarding such standard. The
Commission must consider such
comments in making any determination
regarding reliance on the involved
voluntary standard.
4. Corrective Actions Under Section
15 of the FHSA. The Commission has
authority under section 15 of the FHSA,
15 U.S.C. 1274, to pursue corrective
actions on a case-by-case basis if the
Commission determines that a product
constitutes a banned hazardous
substance.
Dated: July 5, 2006.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. E6–10881 Filed 7–11–06; 8:45 am]
G. Request for Information and
Comments
In accordance with section 3(f) of the
FHSA, the Commission solicits:
1. Written comments with respect to
the risk of injury identified by the
Commission.
2. Written comments regarding the
regulatory alternatives being considered
and other possible alternatives for
addressing the risk.
3. Any existing standard or portion of
a standard which could be issued as a
proposed regulation.
4. A statement of intention to modify
or develop a voluntary standard to
address the risk of injury discussed in
this notice, along with a description of
a plan (including a schedule) to do so.
In addition, the Commission is
interested in receiving information
about the testing that is conducted on
SUMMARY: On May 19, 2006, the
Commission issued a notice of proposed
rulemaking proposing amendments to
its regulations adopted in Order Nos.
888 and 889, and to the pro forma open
access transmission tariff, to ensure that
transmission services are provided on a
basis that is just, reasonable and not
unduly discriminatory or preferential,
70 FR 32635, June 6, 2006. The reply
comment period is being extended at
the request of the Edison Electric
Institute.
DATES: Reply comments are due
September 20, 2006.
ADDRESSES: You may submit comments,
identified by Docket Nos. RM05–25–000
and RM05–17–000, by one of the
following methods:
• Agency Web site: https://
www.ferc.gov. Follow the instructions
for submitting comments via the eFiling
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18:09 Jul 11, 2006
Jkt 208001
BILLING CODE 6355–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Parts 35 and 37
[Docket Nos. RM05–25–000 and RM05–17–
000]
Preventing Undue Discrimination and
Preference in Transmission Service
June 19, 2006.
Federal Energy Regulatory
Commission.
ACTION: Notice of Proposed Rulemaking:
extension of comment period.
AGENCY:
PO 00000
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Sfmt 4702
39251
link found in the Comment Procedures
section of the preamble.
• Mail: Commenters unable to file
comments electronically must mail or
hand deliver an original and 14 copies
of their comments to: Federal Energy
Regulatory Commission, Office of the
Secretary, 888 First Street, NE.,
Washington, DC 20426. Please refer to
the Comment Procedures section of the
preamble for additional information on
how to file paper comments.
FOR FURTHER INFORMATION CONTACT:
Daniel Hedberg (Technical Information),
Office of Energy Markets and
Reliability, Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502–
6243.
´
Kathleen Barron (Legal Information),
Office of the General Counsel—Energy
Markets, Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502–
6461.
David Withnell (Legal Information),
Office of the General Counsel—Energy
Markets, Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502–
8421.
SUPPLEMENTARY INFORMATION:
Notice Extending Reply Comment
Period
On June 16, 2006, Edison Electric
Institute filed a motion for an extension
of time to file reply comments in
response to the Commission’s Notice of
Proposed Rulemaking issued May 19,
2006 in the above-docketed proceeding.
Preventing Undue Discrimination and
Preference in Transmission Service, 115
FERC ¶ 61,211 (2006). Upon
consideration, the date for filing reply
comments in this proceeding is
extended to and including September
20, 2006.
Magalie R. Salas,
Secretary.
[FR Doc. E6–10724 Filed 7–11–06; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2006–0526; FRL–8192–3]
Approval and Promulgation of
Implementation Plans; Arizona—
Phoenix PM–10 Nonattainment Area;
Salt River Area Plan for Attainment of
the 24-Hour PM–10 Standard
Environmental Protection
Agency (EPA).
AGENCY:
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]]>Agencies
[Federal Register Volume 71, Number 133 (Wednesday, July 12, 2006)]
[Proposed Rules]
[Pages 39249-39251]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10881]
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1500 and 1507
Amendment to Fireworks Safety Standards; Advance Notice of
Proposed Rulemaking; Request for Comments and Information
AGENCY: Consumer Product Safety Commission.
ACTION: Advance notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Commission is considering whether there may be a need to
update and strengthen its regulation of fireworks devices. This advance
notice of proposed rulemaking (``ANPR'') initiates a rulemaking
proceeding under the Federal Hazardous Substances Act (``FHSA''). The
Commission is soliciting written comments concerning the risks of
injury associated with fireworks that do not comply with the current
fireworks device regulations, the regulatory options discussed in this
notice, other possible ways to address these risks, and the economic
impacts of the various regulatory alternatives. The Commission 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 notice.\1\
---------------------------------------------------------------------------
\1\ Commissioner Thomas H. Moore filed a statement which is
available from the Office of the Secretary or on the Commission's
Web site at https://www.cpsc.gov.
DATES: Written comments and submissions in response to this notice must
---------------------------------------------------------------------------
be received by September 11, 2006.
ADDRESSES: Comments should be e-mailed to cpsc-os@cpsc.gov. Comments
should be captioned ``FIREWORKS ANPR.'' Comments may also be mailed,
preferably in five copies, to the Office of the Secretary, Consumer
Product Safety Commission, Room 502, 4330 East-West Highway, Bethesda,
Maryland 20814, or delivered to the same address (telephone (301) 504-
0800). Comments also may be filed by facsimile to (301)504-0127.
FOR FURTHER INFORMATION CONTACT: Barbara E. Parisi, Office of General
Counsel, Consumer Product Safety Commission, 4330 East-West Highway,
Bethesda, Maryland 20814; telephone (301) 504-7879 or e-mail:
bparisi@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
On May 14, 1973, the Consumer Product Safety Commission, pursuant
to section 30(a) of the Consumer Product Safety Act (CPSA) (15 U.S.C.
2079(a)), assumed responsibility for and administration of the FHSA. On
September 27, 1973 (38 FR 27012), the Commission transferred existing
fireworks regulations under the FHSA from 21 CFR parts 191 and 191d to
16 CFR parts 1500 and 1507.
In addition to these mandatory CPSC regulations, the American
Fireworks Standards Laboratory (AFSL) has developed voluntary standards
pertaining to fireworks. The AFSL standards incorporate both CPSC and
Department of Transportation regulations as well as a number of
standards developed by AFSL that are in addition to Federal
requirements. AFSL is an independent, non-profit corporation that was
established in 1989 by members of the fireworks industry. It is
administered by a 12-member Board of Directors representing companies
that manufacture or import fireworks into the United States. Currently,
AFSL has approximately 140 U.S. importer members in its program. AFSL
tests fireworks in China for its members prior to exportation to the
United States. Other testing organizations offer similar services in
China, generally following the AFSL standards or close variation.
B. The Product
A firecracker is a device consisting of an explosive pyrotechnic
composition in a fused container with the primary function of producing
an audible effect. The term ``fireworks devices'' includes firecrackers
and other devices using a pyrotechnic composition which when ignited
produce visual and sometimes audible effects. Fireworks devices include
consumer fireworks, which are regulated by the CPSC, and professional/
display fireworks, which fall under the jurisdiction of the Bureau of
Alcohol, Tobacco, Firearms and Explosives. Consumer fireworks generally
fall into the following twelve device classifications: (1) Combination
items; (2) Comets, Mines and Shells; (3) Firecrackers; (4) Fountains;
(5) Ground Spinners and Chasers; (6) Specialty Items; (7) Party, Trick
and Toy Smoke
[[Page 39250]]
Devices; (8) Reloadable Tube Aerial Shells; (9) Roman Candles; (10)Sky
Rockets, Missiles, and Helicopters; (11) Hand-held Sparkling Devices;
and (12) Wheels.
According to a June 27th 2005 press release from the U.S. Census
Bureau, the value of fireworks imported from China into the United
States in 2004 was $164.2 million. This represented the bulk of all
U.S. firework imports ($172.5 million). By comparison, U.S. exports of
fireworks came to just $14.3 million.
The CPSC staff regularly samples fireworks imports and tests these
samples to determine compliance with the regulations set forth in 16
CFR Part 1507. While the overall percentage rate of compliance of
tested fireworks remained relatively steady in the years 2002 through
2004 (71%, 73%, and 72%), the compliance rate dropped to just 59% of
the fireworks tested in 2005. Fireworks that had been certified to the
AFSL voluntary standard enjoyed a significantly higher percentage of
compliance with CPSC standards, i.e., 83% compliance in 2005.
C. The Risk of Injury
In the past few years, there has been an increase in the estimated
number of injuries due to fireworks devices. In the Commission's 2005
Fireworks Annual Report, fireworks devices were involved in an
estimated 10,800 injuries requiring treatment in U.S. hospital
emergency departments, as compared to 9,600 in 2004, 9,300 in 2003, and
8,000 in 2002. According to that report, the Commission had reports of
four deaths associated with fireworks during 2005. During 2004, the
Commission received reports of eight deaths associated with fireworks.
During a one month special study between June 18, 2005 and July 18,
2005, an estimated 6,500 fireworks related injuries were treated in
U.S. hospital emergency departments \2\ (compared with 6,600 injuries
in the 2004 special study and 6,800 injuries during the 2003 special
study period).
---------------------------------------------------------------------------
\2\ 95 percent confidence interval 4,900--8,100.
---------------------------------------------------------------------------
The results of the one-month special study conducted in 2005 by
CPSC staff showed that: injuries to children were a major component of
total fireworks-related injuries with children under 15 accounting for
45 percent of the estimated injuries; children and young adults under
20 had 55 percent of the estimated injuries; there were an estimated
100 injuries at public fireworks displays; the parts of the body most
often injured were hands (estimated 2,000 injuries), eyes (1,600
injuries) and the head, face and ear (1,300 injuries); and more than
half of the injuries involved burns. Burns were the most common injury
to all parts of the body except the eyes, where contusions,
lacerations, and foreign bodies in the eye occurred more frequently.
D. Relevant Statutory Provisions
This advance notice of proposed rulemaking initiates a rulemaking
proceeding under the FHSA. Section 3 of the FHSA specifies the
procedure the Commission follows to issue a mandatory consumer product
safety standard. The Commission commences the rulemaking by issuing an
ANPR, which must identify the product and the risk of injury, summarize
regulatory alternatives, and invite comments or suggested standards
from the public. 15 U.S.C. 1262(f). After considering any comments
submitted in response to the ANPR, the Commission will decide whether
to issue a proposed rule and a preliminary regulatory analysis in
accordance with section 3(h) of the FHSA.
If a proposed rule is issued, the Commission would then consider
the comments received in response to the proposed rule in deciding
whether to issue a final rule and a final regulatory analysis. 15
U.S.C. 1262(i).
Additionally, Section 10 of the FHSA provides the Commission with
authority to ``promulgate regulations for the efficient enforcement of
[the FHSA].'' One option the Commission has under this provision is to
issue a rule requiring mandatory certification to the fireworks device
regulations of the FHSA.
E. Existing Standards
The Commission regulates fireworks devices under the Federal
Hazardous Substances Act (``FHSA''). 15 U.S.C. 1261-1278. Under its
current regulations, the Commission has declared certain fireworks
devices to be ``banned hazardous substances.'' 16 CFR Parts
1500.17(a)(3), (8), (9), (11) and (12). Other fireworks devices must
meet specific requirements to avoid being classified as banned
hazardous substances. 16 CFR Part 1507. Commission regulations also
prescribe specific warnings required on various legal fireworks
devices, 16 CFR 1500.14(b)(7), and designate the size and location of
these warnings. 16 CFR 1500.121.
The American Fireworks Standards Laboratory (AFSL) developed
performance and labeling standards for twelve categories of consumer
fireworks devices. These twelve categories are: (1) Combination items;
(2) comets, mines, and shells; (3) firecrackers; (4) fountains; (5)
ground spinners and chasers; (6) specialty items; (7) party, trick, and
toy smoke devices; (8) reloadable tube aerial shells; (9) roman
candles; (10) sky rockets, missiles, and helicopters; (11) hand-held
sparkling devices; and (12) wheels. According to AFSL, the standards
were developed by a Standards Committee representing various segments
of the fireworks industry, Federal and state regulatory authorities,
consumers, and technical experts. The AFSL standards incorporate both
CPSC and Department of Transportation mandatory regulations as well as
a number of standards developed by AFSL that are in addition to Federal
requirements.
The Department of Transportation incorporates by reference the
American Pyrotechnics Association Standard 87-1 (``Standard'') as part
of its regulations. The Standard applies to fireworks devices,
pyrotechnic articles, and novelties for entertainment purposes, and is
designed to enable manufacturers, importers and distributors of
fireworks and novelties to provide their customers with products that
can be transported and used safely and without unreasonable risk.
F. Regulatory and Non-Regulatory Alternatives To Address the Risks of
Injury
One or more of the following alternatives could be used to reduce
the identified risks associated with fireworks devices.
1. Mandatory Certification. The Commission 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.
2. Mandatory Standard. The Commission could issue a rule specifying
certain additional requirements fireworks devices must meet. The
Commission is required to invite any person to submit to the Commission
an existing standard or a portion of a standard as a proposed
regulation under section 2(q)(1) or section 3(e) of the Federal
Hazardous Substances Act. (15 U.S.C. 1262(f)(5)). If the Commission
determines that any standard submitted to it in response to this
invitation if promulgated (in whole, in part, or in combination with
any other standard submitted to the Commission) as a regulation under
the FHSA would eliminate or adequately reduce the risk of injury, the
Commission may publish the standard, in whole, in part, or in such
combination and with nonmaterial
[[Page 39251]]
modifications, as a proposed regulation. (15 U.S.C. 1262(g)(1)).
3. Reliance on Voluntary Standard. The Commission is required to
consider voluntary standards in its mandatory rulemaking. Specifically,
the Commission is required to invite any person to submit to the
Commission a statement of intention to modify or develop a voluntary
standard to address a risk of injury together with a description of a
plan to modify or develop the standard. (15 U.S.C. 1262(f)(6)). If the
Commission determines that compliance with a standard submitted to it
in response to this invitation is likely to result in the elimination
or adequate reduction of the risk of injury identified in the notice,
and it is likely that there will be substantial compliance with such
standard, then the Commission must terminate the proceeding to
promulgate a regulation and publish a notice in the Federal Register
which includes the determination of the Commission and notifies the
public that the Commission will rely on the voluntary standard to
eliminate or reduce the risk of injury. Before relying upon any
voluntary standard, the Commission must afford interested parties a
reasonable opportunity to submit written comments regarding such
standard. The Commission must consider such comments in making any
determination regarding reliance on the involved voluntary standard.
4. Corrective Actions Under Section 15 of the FHSA. The Commission
has authority under section 15 of the FHSA, 15 U.S.C. 1274, to pursue
corrective actions on a case-by-case basis if the Commission determines
that a product constitutes a banned hazardous substance.
G. Request for Information and Comments
In accordance with section 3(f) of the FHSA, the Commission
solicits:
1. Written comments with respect to the risk of injury identified
by the Commission.
2. Written comments regarding the regulatory alternatives being
considered and other possible alternatives for addressing the risk.
3. Any existing standard or portion of a standard which could be
issued as a proposed regulation.
4. A statement of intention to modify or develop a voluntary
standard to address the risk of injury discussed in this notice, along
with a description of a plan (including a schedule) to do so.
In addition, the Commission is interested in receiving information
about the testing that is conducted on fireworks before they are
distributed, the costs associated with testing, and the impact that
testing has on both compliance with the CPSC mandatory fireworks device
regulations and on injuries.
Comments should be e-mailed to cpsc-os@cpsc.gov. and should be
captioned ``FIREWORKS ANPR.'' Comments may also be mailed, preferably
in five copies, to the Office of the Secretary, Consumer Product Safety
Commission, Room 502, 4330 East-West Highway, Bethesda, MD 20814, or
delivered to the same address (telephone (301) 504-0800). Comments also
may be filed by telefacsimile to (301) 504-0127. All comments and
submissions should be received no later than September 11, 2006.
Dated: July 5, 2006.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E6-10881 Filed 7-11-06; 8:45 am]
BILLING CODE 6355-01-P
