Portable Generators; Notice of Proposed Rulemaking; Proposed Labeling Requirements; Request for Comments and Information, 50003-50007 [06-7069]
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50003
Proposed Rules
Federal Register
Vol. 71, No. 164
Thursday, August 24, 2006
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
A. Background
16 CFR Part 1407
Portable Generators; Notice of
Proposed Rulemaking; Proposed
Labeling Requirements; Request for
Comments and Information
Consumer Product Safety
Commission.
ACTION: Notice of proposed rulemaking.
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AGENCY:
SUMMARY: In this document the
Consumer Product Safety Commission
(Commission or CPSC) proposes to
require manufacturers to label portable
generators with performance and
technical data related to performance
and safety. The warning label would
inform purchasers that: ‘‘Using a
generator indoors will kill you in
minutes;’’ ‘‘Exhaust contains carbon
monoxide, a poison gas you cannot see
or smell;’’ ‘‘Never use in the home or in
partly enclosed areas such as garages;’’
‘‘Only use outdoors and far from open
windows, doors, and vents.’’ The
warning label will also include
pictograms. The Commission believes
that providing this labeling information
will help reduce risks to consumers.
The Commission invites public
comment on this proposal.1
DATES: Written comments in response to
this notice must be received by
November 7, 2006.
ADDRESSES: Comments should be emailed to cpsc-os@cpsc.gov, and should
be captioned ‘‘PORTABLE GENERATOR
NPR.’’ 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 facsimile to (301)
504–0127.
1 Acting Chairman Nancy A. Nord and
Commissioner Thomas H. Moore each filed a
statement. The statements are available from the
Office of the Secretary or on the Commission’s Web
site at https://www.cpsc.gov.
14:27 Aug 23, 2006
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Janet L. Buyer, Project Manager,
Directorate for Engineering Sciences,
Consumer Product Safety Commission,
4330 East-West Highway, Bethesda, MD;
telephone (301) 504–7542 or e-mail:
jbuyer@cpsc.gov.
SUPPLEMENTARY INFORMATION:
CONSUMER PRODUCT SAFETY
COMMISSION
VerDate Aug<31>2005
FOR FURTHER INFORMATION CONTACT:
The total yearly estimated non-fire
related carbon monoxide (CO) deaths for
each of the years 1999 through 2002 are
109, 138, 130 and 188, respectively.
Since 1999, the percentage of estimated
CO poisoning deaths specifically
associated with generators has been
increasing annually. In 1999, generators
were associated with 7 (6%) of the total
yearly estimated CO poisoning deaths
for that year. In 2000, 2001 and 2002,
they were associated with 19 (14%), 22
(17%) and 46 (24%) deaths out of the
total estimates for each of those years.
On October 12, 2005, Commission
Chairman Hal Stratton sent a
memorandum to the Executive Director
directing the staff to undertake a
thorough review of the status of portable
generator safety. As part of this review,
Chairman Stratton requested that the
staff address the sufficiency of warning
labels to address the CO poisoning
hazard posed by portable generators that
are used within or near residences.
B. The Product
Portable generators offer a portable
means of providing electrical power to
a location that either temporarily lacks
it or is not provided with electrical
service at all. A portable generator has
an internal combustion engine to
produce rotational energy, which is
used to generate electricity. The engine
may be fueled by gasoline, diesel,
natural gas, or liquid propane. It is the
engine that is the source of carbon
monoxide.
Estimates of sales of portable
generators for consumer use vary, but
could be more than a million units
annually. The most popular of these
generators are gasoline-powered and are
priced in the $500 to $800 range. The
output of the majority of light duty
generators sold to consumers in 2005
was in the 3.5 kW to 6.5 kW range. This
is the size of most of the units involved
in the fatal CO poisoning incidents
CPSC staff investigated in which the
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rating of the involved generator was
identified.
C. Relevant Statutory Provisions
Section 27(e) of the Consumer
Product Safety Act (CPSA) authorizes
the Commission, by rule, to ‘‘require
any manufacturer of consumer products
to provide the Commission with such
performance and technical data related
to performance and safety as may be
required to carry out the purposes of
this Act, and to give such notification of
such performance and technical data at
the time of original purchase to
prospective purchasers and to the first
purchaser of such product for purposes
other than resale, as it determines
necessary to carry out the purposes of
this Act.’’ As provided in section 2(b)(1)
of the Consumer Product Safety Act (15
U.S.C. 2051(b)(1)), one purpose of the
CPSA is ‘‘to protect the public against
unreasonable risks of injury associated
with consumer products.’’
D. Development of Proposed Rule
In 2002, CPSC staff assessed the
effectiveness of current CO poisoning
warnings found on the product and
within the owner’s manuals of several
models of portable generators found on
store shelves. Staff found that the
guidance provided for avoiding the
hazard was typically twofold: (1) Do not
use in a confined or enclosed space, and
(2) provide proper ventilation. None of
the evaluated warnings defined
‘‘confined or enclosed space’’ or ‘‘proper
ventilation.’’
The Commission believes these
ambiguous instructions and warnings
do not adequately advise the user how
to avoid the CO poisoning hazard.
Furthermore, the incident data includes
fatalities where it appears that the
victims attempted to provide adequate
ventilation, to open confined areas, or to
do both by, for example, opening doors,
opening windows, and running exhaust
fans. Prior research has shown that tools
with gasoline-powered engines produce
CO that ‘‘can rapidly accumulate, even
in areas that appear to be wellventilated, resulting in dangerous and
fatal concentrations within minutes.’’ 2
Thus, evidence suggests that the
methods consumers typically use to
2 Earnest, G.S., Carbon Monoxide Poisonings from
Small, Gasoline-Powered, Internal Combustion
Engines: Just What is a ‘‘Well-Ventilated Area’’?,
American Industrial Hygiene Association Journal,
November 1997.
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Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules
provide ventilation or to open confined
areas are insufficient to prevent
hazardous levels of CO buildup. Even
locating a generator outdoors can be
insufficient if the generator is near
enough to openings to the home or other
occupied structure to allow CO to
permeate and subsequently accumulate
indoors. CPSC is aware of at least five
deaths that occurred when the generator
was situated outdoors but near openings
to the home. In addition, the Centers for
Disease Control and Prevention recently
reported the results of a study of posthurricane related generator use in 2005
that found up to 50 percent of non-fatal
CO poisoning incidents involved
generators operated outdoors but within
one to seven feet from the home.3
The staff believes that there are too
many unknown variables to be able to
recommend one single safe distance for
the location of a portable generator
relative to a home or dwelling. Variables
such as the wind speed and direction
relative to openings to indoor spaces,
relative proximity of other structures in
the area that could create wind vortices,
direction in which the engine exhaust is
pointing, and a multitude of other
factors complicate attempts to define a
safe distance. Notwithstanding the issue
of defining a safe operating distance, the
staff believes that warning labels must
instruct consumers to keep generators
outdoors and away from air intakes
during use.
In 2003, the staff developed
recommended warning language for
engine-driven tools, with particular
focus on portable generators, as a
follow-up to the staff’s assessment of the
inadequacy of current warnings. This
was later provided to the Underwriters
Laboratories (UL) voluntary standard
development committee. In February
2006, staff developed a further refined
warning label for portable generators
and presented it to UL in response to
their request for CPSC staff comments
on a proposed UL Outline of
Investigation. UL incorporated staff’s
proposed warning label into their
Outline of Investigation, which became
effective April 2006 and serves as the
requirements with which a product
must conform in order to be eligible to
bear the UL mark. This document is not
a consensus standard. The Commission
believes the proposed rule is needed to
ensure that all products will bear the
proposed warning label as opposed to
only those that seek UL’s mark.
3 CDC, Carbon Monoxide Poisoning After Two
Major Hurricanes—Alabama and Texas, August–
October 2005, MMWR March 10, 2006; 55(09); 236–
239.
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14:27 Aug 23, 2006
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E. Description of the Proposal
The proposed warning label appears
at fig. 1 (and fig. 3 for the on-package
label). The warning label provides
technical data, i.e., it indicates the
presence of carbon monoxide in the
portable generator exhaust and informs
that carbon monoxide is a gas you
cannot see or smell. The label uses the
phrase ‘‘you cannot see or smell’’ rather
than terms such as ‘‘odorless’’ and
‘‘colorless,’’ because the latter
terminology may be less familiar and
understandable to some consumers.
The label also includes statements
which connect the technical data with
safety concerns. Specifically, the label
warns: ‘‘Using a generator indoors WILL
KILL YOU IN MINUTES.’’ The phrase
‘‘in minutes’’ is intended to emphasize
the imminence of the carbon monoxide
poisoning hazard to provide consumers
with a better understanding of the speed
with which incapacitation can occur. In
addition, research indicates that
information about hazard scenarios
affects consumers’ risk judgments. Thus,
the label includes a description not just
of the hazard, carbon monoxide, but of
the primary hazard scenario associated
with CO-poisoning deaths, i.e., using a
generator indoors. The label also warns,
‘‘NEVER use in the home or in partly
enclosed areas such as garages.’’ The
label warns specifically against use in
the home and in garages, since these are
known places in which consumers use
generators. Furthermore, the use of a
more wide-reaching phrase, ‘‘partly
enclosed,’’ is intended to broaden the
perceived range of potentially
dangerous areas in which to operate a
generator, since this range does include
partly enclosed areas. The label
includes prescriptive advice to ‘‘ONLY
use outdoors and far from open
windows, doors, and vents,’’ so
consumers can know what positive
action they can take to avoid the hazard,
rather than focusing exclusively on
prohibited behaviors, or what
consumers should not do. This is
consistent with the requirements of
ANSI Z535.4–2002, which is the
primary U.S. voluntary consensus
standard on product safety signs and
labels, and with warning design
guidelines in general. The
accompanying pictograms are based on
the pictograms developed by the
Underwriters Laboratories Standards
Technical Panel. Research shows that
labels with pictograms tend to capture
a consumer’s attention more readily
than a label without pictograms.
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F. Unreasonable Risk of Injury
Portable generators are powered by
gasoline, diesel, or propane engines and
exhaust CO. If the generator is used in
enclosed or even partially enclosed
spaces, the CO can very quickly build to
hazardous levels. Serious injury can
also result when the generator is placed
outdoors but near an open window or
vent and the exhaust is pulled into a
house. In the 6-year period from 2000
through 2005, CPSC staff is aware of at
least 222 deaths related to CO poisoning
associated with generators.4 Non-fatal
CO injuries can have serious
consequences since permanent brain or
neurological damage can result.
A well-designed warning label could
inform the consumer of the CO hazard
associated with generators and how to
avoid the hazard while using the
generator. A label placed in a prominent
position on the generator could
reinforce this information each time the
consumer used the generator. For
example, the proposed label reminds
the consumer that generator exhaust
contains CO, which cannot be seen or
smelled, and can quickly kill. The label
also clarifies that a generator should
only be used outside and away from
windows and vents and should not be
used in partly enclosed spaces such as
garages. This information is important
since some consumers have apparently
been aware that a CO hazard was
associated with generators, but believed
that they would avoid the hazard by
running the generator in a garage with
the door open or outside the house, but
did not understand that it was necessary
to place it away from open windows
and vents.5 The costs of a warning label
include the one-time cost of designing
the label and the continuing costs of
printing and applying the labels to the
generators and packages. These costs are
expected to be low—less than one dollar
per generator. The Commission
therefore preliminarily concludes that
there is an unreasonable risk of injury
associated with portable generators and
4 Natalie E. Marcy and Debra S. Ascone,
‘‘Incidents, Deaths and In-Depth Investigations
Associated with Carbon Monoxide from EngineDriven Generators and other Engine-Driven Tools,
1990–2004,’’ CPSC Memorandum to Janet Buyer,
Directorate for Engineering Sciences, U.S.
Consumer Product Safety Commission, Washington,
DC (1 December 2005) and Robin L. Ingle, ‘‘Nonfire Carbon Monoxide Fatalities Associated with
Engine-Driven Generators and Other Engine Driven
Tools in 2004 and 2005,’’ CPSC Memorandum to
Janet Buyer, Directorate for Engineering Sciences,
U.S. Consumer Product Safety Commission,
Washington, DC (3 January 2006).
5 Timothy P. Smith, ‘‘Human Factors Assessment
for the Small Engine-Driven Tools Project,’’ CPSC
Memorandum to Janet L. Buyer, U.S. Consumer
Product Safety Commission, Washington, DC (18
June 2002).
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that providing the information required
by the proposed rule will help reduce
the rising CO death toll associated with
consumer use of portable generators.
G. Environmental Considerations
Labeling requirements are not
expected to have an adverse impact on
the environment and are considered to
be ‘‘categorical exclusions’’ for the
purposes of the National Environmental
Policy Act according to the CPSC
regulations that cover its
‘‘environmental review’’ procedures (16
CFR part 1021.5(c)(2)).
H. Impact on Small Business
CPSC staff has identified more than
40 suppliers of generators to the U.S.
consumer market. Although a few large
firms dominate the market, a number of
these suppliers are likely to be small
businesses. The small businesses
include firms that import generators
from foreign manufacturers as well as
equipment assemblers, which assemble
generator sets from purchased
components. The small manufacturers
will be responsible for ensuring that
their generators are properly labeled.
However, the labeling requirement is
not expected to pose a significant
burden to small business because the
cost of adding the labels per generator
is expected to be less than a dollar per
generator set.
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I. Effective Date
The proposed effective date of Part
1407, which requires labeling for
portable generators, is 90 days from
issuance of any final regulation in the
Federal Register. The labeling
requirement would apply to all portable
generators imported or introduced into
commerce after the 89th day following
publication of any final regulation in the
Federal Register.
J. Request for Information and
Comments
Interested persons are invited to
submit comments regarding this
proposal. The Commission specifically
seeks comments on whether the
proposed new warning label should be
required or permitted to appear in a
second language. If such dual language
labeling is required or permitted, the
Commission seeks further comments on
the most effective manner to implement
the second language warning.
Comments should be e-mailed to
cpsc-os@cpsc.gov and should be
captioned ‘‘PORTABLE GENERATOR
NPR.’’ Comments may also be mailed,
preferably in five copies, to the Office of
the Secretary, Consumer Product Safety
Commission, Room 502, 4330 East-West
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14:27 Aug 23, 2006
Jkt 208001
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 November 7, 2006.
K. Conclusion and Proposal
On the basis of the information
discussed above, the Commission
preliminarily finds that there is an
unreasonable risk of injury associated
with portable generators, and concludes
that a requirement for a carbon
monoxide identification and warning
statement on portable generators is
necessary to help protect the public
against the risk of CO poisoning
associated with such products.
Therefore, under provision of the
Consumer Product Safety Act (section
27(e), 86 Stat. 1227–9, as amended; 15
U.S.C. 2076(e)), the Commission
proposes that Title 16, Chapter II, be
amended by adding to Subchapter B the
following new Part 1407:
List of Subjects in 16 CFR Part 1407
Consumer protection, labeling.
PART 1407—PORTABLE
GENERATORS: REQUIREMENTS TO
PROVIDE PERFORMANCE AND
TECHNICAL DATA BY LABELING
Sec.
1407.1 Purpose, Scope, and Effective Date.
1407.2 Definitions.
1407.3 Providing performance and
technical data to purchasers by labeling.
Authority: 15 U.S.C. 2076(e).
§ 1407.1
Date.
Purpose, Scope, and Effective
This part 1407 establishes
requirements under section 27(e) of the
Consumer Product Safety Act (15 U.S.C.
2076(e)) for manufacturers to provide
consumers with a specified notification
concerning the carbon monoxide
poisoning hazard associated with the
use of portable generators. The
notification is intended to provide
consumers with technical and
performance information related to the
safety of portable generators. This part
becomes effective [90 DAYS FROM
ISSUANCE OF FINAL RULE].
§ 1407.2
Definitions.
(a) The definitions in section 3 of the
Consumer Product Safety Act (15 U.S.C.
2052) apply to this part 1407.
(b) A portable generator is an internal
combustion engine-driven electric
generator, which is intended to be
moved for temporary use at a location
where utility-supplied electric power is
not available. It has receptacle outlets
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50005
for the alternating-current output
circuits and may also have a direct
current (DC) battery charging outlet.
§ 1407.3 Providing performance and
technical data to purchasers by labeling.
(a) Notice to purchasers.
Manufacturers of portable generators
shall give notification of performance
and technical data related to
performance and safety to prospective
purchasers of such products at the time
of original purchase and to the first
purchaser of such product for purposes
other than resale, in the manner set
forth below.
(1) On-product label. The CO
poisoning hazard label shown in fig. 1
shall be used on the product. A different
representation of the generator may be
substituted for accuracy if consumers
are more likely to recognize the
substituted representation as the
generator to which this label is affixed.
(i) The signal word ‘‘DANGER’’ shall
be in letters not less than 0.15 inch (3.8
mm) high. The remaining text shall be
in type whose uppercase letters are not
less than 0.1 inch (2.5 mm) high.
(ii) The signal word ‘‘DANGER’’ shall
appear in white letters on a safety red
background. The safety alert symbol
shown in fig. 2 shall appear
immediately before and next to the
signal word and be no smaller than the
height of the signal word with the base
of the triangle on the same horizontal
line as the base of the signal word. The
solid portion of the triangle (within the
lines of the triangle, around the
exclamation mark) shall be white and
the exclamation mark shall be safety
red. The prohibition ‘‘X’’s shall be safety
red.
(iii) The on-product hazard label
shown in fig. 1 shall be located:
(A) On a part of the portable generator
that, if removed, would impair the
operation of the generator assembly, and
(B) On a location that is prominent
and conspicuous to an operator while
performing at least two of the following
actions: filling the fuel tank, accessing
the receptacle panel, and starting the
engine.
(iv) The on-product hazard label
shown in fig. 1 shall be designed to
remain permanently affixed, intact,
legible, and largely unfaded in the
environment in which the product is
expected to be operated and stored over
the life of the product.
(2) Carbon monoxide poisoning
hazard label for package. The CO
poisoning hazard label shown in fig. 3
shall be affixed to the principal display
panel(s) of the package, as well as the
surface containing the top flaps of the
package. The principal display panel(s)
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Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules
shown in fig. 2 shall appear
immediately before and next to the
signal word and be no smaller than the
height of the signal word with the base
of the triangle on the same horizontal
line as the base of the signal word. The
solid portion of the triangle (within the
lines of the triangle, around the
exclamation mark) shall be white and
the exclamation mark shall be safety
red. The prohibition ‘‘X’’s shall be safety
red.
EP24AU06.023
the generator may be substituted for
accuracy if consumers are more likely to
recognize the substituted representation
as the generator contained within the
packaging.
(i) The signal word ‘‘DANGER’’ shall
be in letters not less than 0.15 inch (3.8
mm) high. The remaining text shall be
in type whose uppercase letters are not
less than 0.1 inch (2.5 mm) high.
(ii) The signal word ‘‘DANGER’’ shall
appear in white letters on a safety red
background. The safety alert symbol
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of the package is the portion(s) of the
outer packaging that is designed to be
most prominently displayed, shown,
presented, or examined under
conditions of retail sale. Any panel of
the package that includes text in a
language other than English shall also
include a CO poisoning hazard label in
that language. Alternate-language
versions of this label may also appear on
the top flaps of the package as long as
they are physically separate from one
another. A different representation of
Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Proposed Rules
Dated: August 17, 2006.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 06–7069 Filed 8–23–06; 8:45 am]
50007
Background
The notice of proposed rulemaking
(REG–109367–06) that is the subject of
this correction is under section 1221 of
the Internal Revenue Code.
BILLING CODE 6355–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Need for Correction
26 CFR Part 1
[REG–158677–05]
RIN 1545–BF24
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
Correction of Publication
[REG–109367–06]
Accordingly, the publication of the
proposed regulations (REG–109367–06)
which was the subject of FR Doc. E6–
12789, is corrected as follows:
1. On page 44600, column 1, in the
preamble, under the caption FOR
FURTHER INFORMATION CONTACT, line 2,
the language ‘‘Scott Brown (202) 622–
3920 (not a toll-’’ is corrected to read
‘‘Scott Brown (202) 622–7454 (not a
toll-’’.
RIN 1545–BF52
Section 1221(a)(4) Capital Asset
Exclusion for Accounts and Notes
Receivable
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction notice.
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AGENCY:
SUMMARY: This document corrects a
notice of proposed rulemaking (REG–
109367–06) that was published in the
Federal Register on Monday, August 7,
2006 (71 FR 44600) clarifying the
circumstances in which accounts or
notes receivable are ‘‘acquired * * * for
services rendered’’ within the meaning
of section 1221(a)(4) of the Internal
Revenue Code.
FOR FURTHER INFORMATION CONTACT: K.
Scott Brown (202) 622–7454 (not a tollfree number).
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
14:27 Aug 23, 2006
Jkt 208001
Guy Traynor,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. E6–14003 Filed 8–23–06; 8:45 am]
BILLING CODE 4830–01–P
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Effect of Election on Corporation
Internal Revenue Service (IRS),
Treasury.
ACTION: Proposed regulations and notice
of public hearing.
AGENCY:
SUMMARY: These proposed regulations
clarify that if a bank is an S corporation
within the meaning of section
1361(a)(1), its status as an S corporation
does not affect the applicability of the
special rules for banks under the
Internal Revenue Code.
DATES: Written or electronic comments
and requests for a public hearing must
be received by November 22, 2006.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–158677–05), Room
5203, Internal Revenue Service, POB
7604, Ben Franklin Station, Washington
DC 20044. Alternatively, taxpayers may
submit comments electronically via the
IRS Internet site at https://www.irs.gov/
regs or via the Federal eRulemaking
Portal at https://www.regulations.gov
(IRS—REG–158677–05). If a public
hearing is requested, the public hearing
will be held in the Auditorium, New
Carrollton Federal Building, 5000 Ellin
Road, Lanham, MD.
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EP24AU06.024
As published, REG–109367–06
contains an error that may prove to be
misleading and is in need of
clarification.
Agencies
[Federal Register Volume 71, Number 164 (Thursday, August 24, 2006)]
[Proposed Rules]
[Pages 50003-50007]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7069]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 /
Proposed Rules
[[Page 50003]]
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1407
Portable Generators; Notice of Proposed Rulemaking; Proposed
Labeling Requirements; Request for Comments and Information
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: In this document the Consumer Product Safety Commission
(Commission or CPSC) proposes to require manufacturers to label
portable generators with performance and technical data related to
performance and safety. The warning label would inform purchasers that:
``Using a generator indoors will kill you in minutes;'' ``Exhaust
contains carbon monoxide, a poison gas you cannot see or smell;''
``Never use in the home or in partly enclosed areas such as garages;''
``Only use outdoors and far from open windows, doors, and vents.'' The
warning label will also include pictograms. The Commission believes
that providing this labeling information will help reduce risks to
consumers. The Commission invites public comment on this proposal.\1\
---------------------------------------------------------------------------
\1\ Acting Chairman Nancy A. Nord and Commissioner Thomas H.
Moore each filed a statement. The statements are available from the
Office of the Secretary or on the Commission's Web site at https://
www.cpsc.gov.
DATES: Written comments in response to this notice must be received by
---------------------------------------------------------------------------
November 7, 2006.
ADDRESSES: Comments should be e-mailed to cpsc-os@cpsc.gov, and should
be captioned ``PORTABLE GENERATOR NPR.'' 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 facsimile to (301) 504-0127.
FOR FURTHER INFORMATION CONTACT: Janet L. Buyer, Project Manager,
Directorate for Engineering Sciences, Consumer Product Safety
Commission, 4330 East-West Highway, Bethesda, MD; telephone (301) 504-
7542 or e-mail: jbuyer@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
The total yearly estimated non-fire related carbon monoxide (CO)
deaths for each of the years 1999 through 2002 are 109, 138, 130 and
188, respectively. Since 1999, the percentage of estimated CO poisoning
deaths specifically associated with generators has been increasing
annually. In 1999, generators were associated with 7 (6%) of the total
yearly estimated CO poisoning deaths for that year. In 2000, 2001 and
2002, they were associated with 19 (14%), 22 (17%) and 46 (24%) deaths
out of the total estimates for each of those years.
On October 12, 2005, Commission Chairman Hal Stratton sent a
memorandum to the Executive Director directing the staff to undertake a
thorough review of the status of portable generator safety. As part of
this review, Chairman Stratton requested that the staff address the
sufficiency of warning labels to address the CO poisoning hazard posed
by portable generators that are used within or near residences.
B. The Product
Portable generators offer a portable means of providing electrical
power to a location that either temporarily lacks it or is not provided
with electrical service at all. A portable generator has an internal
combustion engine to produce rotational energy, which is used to
generate electricity. The engine may be fueled by gasoline, diesel,
natural gas, or liquid propane. It is the engine that is the source of
carbon monoxide.
Estimates of sales of portable generators for consumer use vary,
but could be more than a million units annually. The most popular of
these generators are gasoline-powered and are priced in the $500 to
$800 range. The output of the majority of light duty generators sold to
consumers in 2005 was in the 3.5 kW to 6.5 kW range. This is the size
of most of the units involved in the fatal CO poisoning incidents CPSC
staff investigated in which the rating of the involved generator was
identified.
C. Relevant Statutory Provisions
Section 27(e) of the Consumer Product Safety Act (CPSA) authorizes
the Commission, by rule, to ``require any manufacturer of consumer
products to provide the Commission with such performance and technical
data related to performance and safety as may be required to carry out
the purposes of this Act, and to give such notification of such
performance and technical data at the time of original purchase to
prospective purchasers and to the first purchaser of such product for
purposes other than resale, as it determines necessary to carry out the
purposes of this Act.'' As provided in section 2(b)(1) of the Consumer
Product Safety Act (15 U.S.C. 2051(b)(1)), one purpose of the CPSA is
``to protect the public against unreasonable risks of injury associated
with consumer products.''
D. Development of Proposed Rule
In 2002, CPSC staff assessed the effectiveness of current CO
poisoning warnings found on the product and within the owner's manuals
of several models of portable generators found on store shelves. Staff
found that the guidance provided for avoiding the hazard was typically
twofold: (1) Do not use in a confined or enclosed space, and (2)
provide proper ventilation. None of the evaluated warnings defined
``confined or enclosed space'' or ``proper ventilation.''
The Commission believes these ambiguous instructions and warnings
do not adequately advise the user how to avoid the CO poisoning hazard.
Furthermore, the incident data includes fatalities where it appears
that the victims attempted to provide adequate ventilation, to open
confined areas, or to do both by, for example, opening doors, opening
windows, and running exhaust fans. Prior research has shown that tools
with gasoline-powered engines produce CO that ``can rapidly accumulate,
even in areas that appear to be well-ventilated, resulting in dangerous
and fatal concentrations within minutes.'' \2\ Thus, evidence suggests
that the methods consumers typically use to
[[Page 50004]]
provide ventilation or to open confined areas are insufficient to
prevent hazardous levels of CO buildup. Even locating a generator
outdoors can be insufficient if the generator is near enough to
openings to the home or other occupied structure to allow CO to
permeate and subsequently accumulate indoors. CPSC is aware of at least
five deaths that occurred when the generator was situated outdoors but
near openings to the home. In addition, the Centers for Disease Control
and Prevention recently reported the results of a study of post-
hurricane related generator use in 2005 that found up to 50 percent of
non-fatal CO poisoning incidents involved generators operated outdoors
but within one to seven feet from the home.\3\
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\2\ Earnest, G.S., Carbon Monoxide Poisonings from Small,
Gasoline-Powered, Internal Combustion Engines: Just What is a
``Well-Ventilated Area''?, American Industrial Hygiene Association
Journal, November 1997.
\3\ CDC, Carbon Monoxide Poisoning After Two Major Hurricanes--
Alabama and Texas, August-October 2005, MMWR March 10, 2006; 55(09);
236-239.
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The staff believes that there are too many unknown variables to be
able to recommend one single safe distance for the location of a
portable generator relative to a home or dwelling. Variables such as
the wind speed and direction relative to openings to indoor spaces,
relative proximity of other structures in the area that could create
wind vortices, direction in which the engine exhaust is pointing, and a
multitude of other factors complicate attempts to define a safe
distance. Notwithstanding the issue of defining a safe operating
distance, the staff believes that warning labels must instruct
consumers to keep generators outdoors and away from air intakes during
use.
In 2003, the staff developed recommended warning language for
engine-driven tools, with particular focus on portable generators, as a
follow-up to the staff's assessment of the inadequacy of current
warnings. This was later provided to the Underwriters Laboratories (UL)
voluntary standard development committee. In February 2006, staff
developed a further refined warning label for portable generators and
presented it to UL in response to their request for CPSC staff comments
on a proposed UL Outline of Investigation. UL incorporated staff's
proposed warning label into their Outline of Investigation, which
became effective April 2006 and serves as the requirements with which a
product must conform in order to be eligible to bear the UL mark. This
document is not a consensus standard. The Commission believes the
proposed rule is needed to ensure that all products will bear the
proposed warning label as opposed to only those that seek UL's mark.
E. Description of the Proposal
The proposed warning label appears at fig. 1 (and fig. 3 for the
on-package label). The warning label provides technical data, i.e., it
indicates the presence of carbon monoxide in the portable generator
exhaust and informs that carbon monoxide is a gas you cannot see or
smell. The label uses the phrase ``you cannot see or smell'' rather
than terms such as ``odorless'' and ``colorless,'' because the latter
terminology may be less familiar and understandable to some consumers.
The label also includes statements which connect the technical data
with safety concerns. Specifically, the label warns: ``Using a
generator indoors WILL KILL YOU IN MINUTES.'' The phrase ``in minutes''
is intended to emphasize the imminence of the carbon monoxide poisoning
hazard to provide consumers with a better understanding of the speed
with which incapacitation can occur. In addition, research indicates
that information about hazard scenarios affects consumers' risk
judgments. Thus, the label includes a description not just of the
hazard, carbon monoxide, but of the primary hazard scenario associated
with CO-poisoning deaths, i.e., using a generator indoors. The label
also warns, ``NEVER use in the home or in partly enclosed areas such as
garages.'' The label warns specifically against use in the home and in
garages, since these are known places in which consumers use
generators. Furthermore, the use of a more wide-reaching phrase,
``partly enclosed,'' is intended to broaden the perceived range of
potentially dangerous areas in which to operate a generator, since this
range does include partly enclosed areas. The label includes
prescriptive advice to ``ONLY use outdoors and far from open windows,
doors, and vents,'' so consumers can know what positive action they can
take to avoid the hazard, rather than focusing exclusively on
prohibited behaviors, or what consumers should not do. This is
consistent with the requirements of ANSI Z535.4-2002, which is the
primary U.S. voluntary consensus standard on product safety signs and
labels, and with warning design guidelines in general. The accompanying
pictograms are based on the pictograms developed by the Underwriters
Laboratories Standards Technical Panel. Research shows that labels with
pictograms tend to capture a consumer's attention more readily than a
label without pictograms.
F. Unreasonable Risk of Injury
Portable generators are powered by gasoline, diesel, or propane
engines and exhaust CO. If the generator is used in enclosed or even
partially enclosed spaces, the CO can very quickly build to hazardous
levels. Serious injury can also result when the generator is placed
outdoors but near an open window or vent and the exhaust is pulled into
a house. In the 6-year period from 2000 through 2005, CPSC staff is
aware of at least 222 deaths related to CO poisoning associated with
generators.\4\ Non-fatal CO injuries can have serious consequences
since permanent brain or neurological damage can result.
---------------------------------------------------------------------------
\4\ Natalie E. Marcy and Debra S. Ascone, ``Incidents, Deaths
and In-Depth Investigations Associated with Carbon Monoxide from
Engine-Driven Generators and other Engine-Driven Tools, 1990-2004,''
CPSC Memorandum to Janet Buyer, Directorate for Engineering
Sciences, U.S. Consumer Product Safety Commission, Washington, DC (1
December 2005) and Robin L. Ingle, ``Non-fire Carbon Monoxide
Fatalities Associated with Engine-Driven Generators and Other Engine
Driven Tools in 2004 and 2005,'' CPSC Memorandum to Janet Buyer,
Directorate for Engineering Sciences, U.S. Consumer Product Safety
Commission, Washington, DC (3 January 2006).
---------------------------------------------------------------------------
A well-designed warning label could inform the consumer of the CO
hazard associated with generators and how to avoid the hazard while
using the generator. A label placed in a prominent position on the
generator could reinforce this information each time the consumer used
the generator. For example, the proposed label reminds the consumer
that generator exhaust contains CO, which cannot be seen or smelled,
and can quickly kill. The label also clarifies that a generator should
only be used outside and away from windows and vents and should not be
used in partly enclosed spaces such as garages. This information is
important since some consumers have apparently been aware that a CO
hazard was associated with generators, but believed that they would
avoid the hazard by running the generator in a garage with the door
open or outside the house, but did not understand that it was necessary
to place it away from open windows and vents.\5\ The costs of a warning
label include the one-time cost of designing the label and the
continuing costs of printing and applying the labels to the generators
and packages. These costs are expected to be low--less than one dollar
per generator. The Commission therefore preliminarily concludes that
there is an unreasonable risk of injury associated with portable
generators and
[[Page 50005]]
that providing the information required by the proposed rule will help
reduce the rising CO death toll associated with consumer use of
portable generators.
---------------------------------------------------------------------------
\5\ Timothy P. Smith, ``Human Factors Assessment for the Small
Engine-Driven Tools Project,'' CPSC Memorandum to Janet L. Buyer,
U.S. Consumer Product Safety Commission, Washington, DC (18 June
2002).
---------------------------------------------------------------------------
G. Environmental Considerations
Labeling requirements are not expected to have an adverse impact on
the environment and are considered to be ``categorical exclusions'' for
the purposes of the National Environmental Policy Act according to the
CPSC regulations that cover its ``environmental review'' procedures (16
CFR part 1021.5(c)(2)).
H. Impact on Small Business
CPSC staff has identified more than 40 suppliers of generators to
the U.S. consumer market. Although a few large firms dominate the
market, a number of these suppliers are likely to be small businesses.
The small businesses include firms that import generators from foreign
manufacturers as well as equipment assemblers, which assemble generator
sets from purchased components. The small manufacturers will be
responsible for ensuring that their generators are properly labeled.
However, the labeling requirement is not expected to pose a significant
burden to small business because the cost of adding the labels per
generator is expected to be less than a dollar per generator set.
I. Effective Date
The proposed effective date of Part 1407, which requires labeling
for portable generators, is 90 days from issuance of any final
regulation in the Federal Register. The labeling requirement would
apply to all portable generators imported or introduced into commerce
after the 89th day following publication of any final regulation in the
Federal Register.
J. Request for Information and Comments
Interested persons are invited to submit comments regarding this
proposal. The Commission specifically seeks comments on whether the
proposed new warning label should be required or permitted to appear in
a second language. If such dual language labeling is required or
permitted, the Commission seeks further comments on the most effective
manner to implement the second language warning. Comments should be e-
mailed to cpsc-os@cpsc.gov and should be captioned ``PORTABLE GENERATOR
NPR.'' 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 November 7, 2006.
K. Conclusion and Proposal
On the basis of the information discussed above, the Commission
preliminarily finds that there is an unreasonable risk of injury
associated with portable generators, and concludes that a requirement
for a carbon monoxide identification and warning statement on portable
generators is necessary to help protect the public against the risk of
CO poisoning associated with such products.
Therefore, under provision of the Consumer Product Safety Act
(section 27(e), 86 Stat. 1227-9, as amended; 15 U.S.C. 2076(e)), the
Commission proposes that Title 16, Chapter II, be amended by adding to
Subchapter B the following new Part 1407:
List of Subjects in 16 CFR Part 1407
Consumer protection, labeling.
PART 1407--PORTABLE GENERATORS: REQUIREMENTS TO PROVIDE PERFORMANCE
AND TECHNICAL DATA BY LABELING
Sec.
1407.1 Purpose, Scope, and Effective Date.
1407.2 Definitions.
1407.3 Providing performance and technical data to purchasers by
labeling.
Authority: 15 U.S.C. 2076(e).
Sec. 1407.1 Purpose, Scope, and Effective Date.
This part 1407 establishes requirements under section 27(e) of the
Consumer Product Safety Act (15 U.S.C. 2076(e)) for manufacturers to
provide consumers with a specified notification concerning the carbon
monoxide poisoning hazard associated with the use of portable
generators. The notification is intended to provide consumers with
technical and performance information related to the safety of portable
generators. This part becomes effective [90 DAYS FROM ISSUANCE OF FINAL
RULE].
Sec. 1407.2 Definitions.
(a) The definitions in section 3 of the Consumer Product Safety Act
(15 U.S.C. 2052) apply to this part 1407.
(b) A portable generator is an internal combustion engine-driven
electric generator, which is intended to be moved for temporary use at
a location where utility-supplied electric power is not available. It
has receptacle outlets for the alternating-current output circuits and
may also have a direct current (DC) battery charging outlet.
Sec. 1407.3 Providing performance and technical data to purchasers by
labeling.
(a) Notice to purchasers. Manufacturers of portable generators
shall give notification of performance and technical data related to
performance and safety to prospective purchasers of such products at
the time of original purchase and to the first purchaser of such
product for purposes other than resale, in the manner set forth below.
(1) On-product label. The CO poisoning hazard label shown in fig. 1
shall be used on the product. A different representation of the
generator may be substituted for accuracy if consumers are more likely
to recognize the substituted representation as the generator to which
this label is affixed.
(i) The signal word ``DANGER'' shall be in letters not less than
0.15 inch (3.8 mm) high. The remaining text shall be in type whose
uppercase letters are not less than 0.1 inch (2.5 mm) high.
(ii) The signal word ``DANGER'' shall appear in white letters on a
safety red background. The safety alert symbol shown in fig. 2 shall
appear immediately before and next to the signal word and be no smaller
than the height of the signal word with the base of the triangle on the
same horizontal line as the base of the signal word. The solid portion
of the triangle (within the lines of the triangle, around the
exclamation mark) shall be white and the exclamation mark shall be
safety red. The prohibition ``X''s shall be safety red.
(iii) The on-product hazard label shown in fig. 1 shall be located:
(A) On a part of the portable generator that, if removed, would
impair the operation of the generator assembly, and
(B) On a location that is prominent and conspicuous to an operator
while performing at least two of the following actions: filling the
fuel tank, accessing the receptacle panel, and starting the engine.
(iv) The on-product hazard label shown in fig. 1 shall be designed
to remain permanently affixed, intact, legible, and largely unfaded in
the environment in which the product is expected to be operated and
stored over the life of the product.
(2) Carbon monoxide poisoning hazard label for package. The CO
poisoning hazard label shown in fig. 3 shall be affixed to the
principal display panel(s) of the package, as well as the surface
containing the top flaps of the package. The principal display panel(s)
[[Page 50006]]
of the package is the portion(s) of the outer packaging that is
designed to be most prominently displayed, shown, presented, or
examined under conditions of retail sale. Any panel of the package that
includes text in a language other than English shall also include a CO
poisoning hazard label in that language. Alternate-language versions of
this label may also appear on the top flaps of the package as long as
they are physically separate from one another. A different
representation of the generator may be substituted for accuracy if
consumers are more likely to recognize the substituted representation
as the generator contained within the packaging.
(i) The signal word ``DANGER'' shall be in letters not less than
0.15 inch (3.8 mm) high. The remaining text shall be in type whose
uppercase letters are not less than 0.1 inch (2.5 mm) high.
(ii) The signal word ``DANGER'' shall appear in white letters on a
safety red background. The safety alert symbol shown in fig. 2 shall
appear immediately before and next to the signal word and be no smaller
than the height of the signal word with the base of the triangle on the
same horizontal line as the base of the signal word. The solid portion
of the triangle (within the lines of the triangle, around the
exclamation mark) shall be white and the exclamation mark shall be
safety red. The prohibition ``X''s shall be safety red.
[GRAPHIC] [TIFF OMITTED] TP24AU06.022
[GRAPHIC] [TIFF OMITTED] TP24AU06.023
[[Page 50007]]
[GRAPHIC] [TIFF OMITTED] TP24AU06.024
Dated: August 17, 2006.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 06-7069 Filed 8-23-06; 8:45 am]
BILLING CODE 6355-01-P