Substantial Product Hazard List: Extension Cords, 44262-44269 [2015-18294]
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Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Rules and Regulations
restrictions to the contrary, organizational
approval holders may exercise their full
authority in approving installations that meet
the installation requirements of this AD.
(ii) Deviation from approved service
instructions and subsequent modifications
may be handled by normal operator
procedures without requiring approval of an
alternative method of compliance.
(n) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Transport Standards
Staff, ANM–110, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the Transport Standards
Staff, send it to the attention of the person
identified in paragraph (o) of this AD.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) AMOCs approved previously for AD
2012–11–09, Amendment 39–17072 (77 FR
38000, June 26, 2012), are approved as
AMOCs for the corresponding provisions of
this AD.
(o) Related Information
For more information about this AD,
contact Jeff Gardlin, Aerospace Engineer,
Airframe and Cabin Safety Branch, ANM–
115, FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, WA 98057–
3356; phone: 425–227–2136; fax: 425–227–
1149; email: jeff.gardlin@faa.gov.
(p) Material Incorporated by Reference
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None.
Issued in Renton, Washington, on July 17,
2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
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[CPSC Docket No. CPSC–2015–0003]
Substantial Product Hazard List:
Extension Cords
Consumer Product Safety
Commission.
ACTION: Final rule.
The Consumer Product Safety
Commission (‘‘CPSC’’ or ‘‘Commission’’)
is issuing a final rule to specify that
extension cords (both indoor and
outdoor use extension cords) that do not
contain one or more of five applicable
readily observable characteristics set
forth in the rule, as addressed in a
voluntary standard, are deemed a
substantial product hazard under the
Consumer Product Safety Act (‘‘CPSA’’).
DATES: Effective Date: The rule takes
effect on August 26, 2015. The
incorporation by reference of the
publication listed in this rule is
approved by the Director of the Federal
Register as of August 26, 2015.
FOR FURTHER INFORMATION CONTACT:
Mary Kroh, Office of Compliance and
Field Operations, Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814;
telephone: 301–504–7886; mkroh@
cpsc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
This paragraph restates the provision
specified in paragraph (m) of AD 2012–11–
09, Amendment 39–17072 (77 FR 38000,
June 26, 2012), with a change to the
identification of the Federal Aviation
Regulations citations. Notwithstanding the
requirements of sections 121.628(b)(2) and
129.14 of the Federal Aviation Regulations
(14 CFR 121.628(b)(2) and 14 CFR 129.14),
the equipment required by paragraph (l) of
this AD may be included in the MEL, as
applicable.
BILLING CODE 4910–13–P
16 CFR Part 1120
AGENCY:
(m) Retained Minimum Equipment List
(MEL) Provisions, With a Change to the
Identification of the Federal Aviation
Regulations Citations
[FR Doc. 2015–18155 Filed 7–24–15; 8:45 am]
CONSUMER PRODUCT SAFETY
COMMISSION
I. Background and Statutory Authority
A. Statutory Authority
Section 223 of the Consumer Product
Safety Improvement Act of 2008
(‘‘CPSIA’’), amended section 15 of the
CPSA, 15 U.S.C. 2064, to add a new
subsection (j). Section 15(j) of the CPSA
provides the Commission with the
authority to specify, by rule, for any
consumer product or class of consumer
products, characteristics whose
existence or absence are deemed a
substantial product hazard under
section 15(a)(2) of the CPSA. Section
15(a)(2) of the CPSA defines a
‘‘substantial product hazard,’’ in
relevant part, as a product defect which
(because of the pattern of defect, the
number of defective products
distributed in commerce, the severity of
the risk, or otherwise) creates a
substantial risk of injury to the public.
A rule under section 15(j) of the CPSA
(a ‘‘15(j) rule’’) is not a consumer
product safety rule that imposes
performance or labeling requirements
for newly manufactured products.
Rather, a 15(j) rule is a Commission
determination of a product defect, based
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upon noncompliance with specific
product characteristics that are
addressed in an effective voluntary
standard. For the Commission to issue
a 15(j) rule, the product characteristics
involved must be ‘‘readily observable’’
and have been addressed by a voluntary
standard. Moreover, the voluntary
standard must be effective in reducing
the risk of injury associated with the
consumer products, and there must be
substantial compliance with the
voluntary standard.
B. Background
On February 3, 2015, the Commission
issued a notice of proposed rulemaking
(‘‘NPR’’) in the Federal Register to
amend the substantial product hazard
list in 16 CFR part 1120 (‘‘part 1120’’)
to add extension cords that lack certain
readily observable safety characteristics
addressed by a voluntary standard
because such products pose a risk of
electrical shock or fire. 80 FR 5701. The
comment period on the proposed rule
closed on April 20, 2015. As detailed in
section II of this preamble, the
Commission received four comments on
the proposed rule, covering three issues.
The Commission is now issuing a
final rule to amend part 1120 by adding
four readily observable characteristics
that apply to all general-use extension
cords (indoor and outdoor extension
cords, including indoor seasonal
extension cords):
(1) Minimum wire size;
(2) sufficient strain relief;
(3) proper polarity; and
(4) proper continuity.
Additionally, the final rule includes
one characteristic, outlet covers, that
applies to 2-wire indoor extension
cords, and one characteristic, jacketed
cord, that applies to outdoor extension
cords. Accordingly, as of the effective
date of this rule, extension cords within
the scope of the rule that do not
conform to all five applicable
characteristics described in the
voluntary standard, Underwriters
Laboratories (‘‘UL’’), Standard for Cord
Sets and Power-Supply Cords, UL 817,
11th Edition, dated March 16, 2001, as
revised through February 3, 2014 (‘‘UL
817’’) will constitute a substantial
product hazard.1 Nonconforming
extension cords are deemed to create a
substantial product hazard under
section 15(a)(2) of the CPSA because
such products pose a risk of electrical
shock or fire.
The Commission is finalizing the rule
with two minor clarifications as
recommended by CPSC staff. First, the
1 The UL mark and logo are trademarks of
Underwriters Laboratories, Inc.
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final rule deletes an erroneous citation
to section 31 of UL 817 in § 1120.3(d)(1),
the requirements for minimum wire
size. Section 31 of UL 817 states
requirements for attachment plugs,
which are not related to minimum wire
size, and thus should not be referenced
in the section of the rule concerning
minimum wire size. Second, the term
‘‘jacketed insulated cord’’ is replaced
with ‘‘jacketed cord’’ in § 1120.3(d)(6) of
the final rule and in this preamble,
when describing a readily observable
characteristic for outdoor extension
cords. This change is not intended to
change the scope of the rule or the
requirements, but to clarify the
characteristics of UL 817 being
incorporated by reference. As explained
more fully in response to comment 3 in
section II of the preamble, the NPR
proposed (and the final rule would
require) jacketing—not insulation—as a
readily observable characteristic of
outdoor extension cords.
C. Extension Cords
The final rule uses the phrase
‘‘extension cords’’ to identify the
products that are within the scope of the
rule. The Commission received no
comments on the definition of
‘‘extension cords’’ described in the NPR;
accordingly, the final rule will continue
to define an ‘‘extension cord’’ (also
known as a cord set), consistent with
the description of products subject to
UL 817, as a length of factory-assembled
flexible cord with an attachment plug or
current tap as a line fitting and with a
cord connector as a load fitting.
Extension cords are used for extending
a branch circuit supply of an electrical
outlet to the power-supply cord of a
portable appliance, in accordance with
the National Electrical Code.® The final
rule applies to extension cords that are
equipped with National Electrical
Manufacturer Association (‘‘NEMA’’) 1–
15, 5–15 and 5–20 fittings, and that are
intended for indoor use only, or for both
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indoor and outdoor use. We refer to
cords intended for indoor use only as
‘‘indoor cords’’ and to cords intended
for both indoor and outdoor use as
‘‘outdoor cords.’’ The term ‘‘extension
cord’’ does not include detachable
power supply cords, appliance cords,
power strips and taps, and adaptor
cords supplied with outdoor tools and
yard equipment.
All products within the scope of the
final rule are covered by UL 817. Table
1 provides a non-exhaustive list of
examples of extension cords that fall
within and outside the scope of the final
rule. Not included in this rule are
detachable power supply and appliance
cords and adaptor cords supplied with
outdoor tools and yard equipment
because these cords are specificpurpose, rather than general-use cords.
The products that are outside the scope
of the final rule are not subject to UL
817, or they do not present the same
risks of injury.
TABLE 1—EXTENSION CORDS: PRODUCTS WITHIN AND OUTSIDE THE SCOPE OF THE FINAL RULE
In Scope: Household extension cords, factory-assembled, 120 volts AC, including:
• Indoor or general-use cord sets, including seasonal indoor cord sets.
• Outdoor cord sets.
Out of Scope:
• Detachable power cords, either with appliance or other nonstandard plugs (e.g., accompanying electronic or other electrically powered
items), or with fittings of different configurations (e.g., a clothes washer replacement cord with a plug at one end and individual wire terminals at the other end).
• Unassembled components, such as flexible cord or fittings, which may be assembled into extension cords or installed in permanent
branch circuit wiring systems.
• Cord sets intended for use with non-branch-circuit household current, i.e., greater or less than nominal 120 volts AC (e.g., for use with
220 volt appliances, or for 15–50 ampere/125–250-volt recreational vehicles).
• Power strips, power taps, and surge protectors.
D. Applicable Voluntary Standard
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The current voluntary standard
applicable to extension cords is UL 817–
2014. UL has updated UL 817 over the
years to address various safety issues to
make extension cords safer, see Staff’s
Draft Proposed Rule to Add Extension
Cords to the Substantial Product Hazard
List in 16 CFR part 1120, January 21,
2015 (‘‘Staff NPR Briefing Package’’) Tab
B, Extension Cords: Abbreviated History
and the Associated UL Standards. The
Staff’s NPR Briefing Package is available
on the CPSC’s Web site at: https://
www.cpsc.gov/Global/Newsroom/FOIA/
CommissionBriefingPackages/2015/
Proposed-Rule-to-Amend-Substantia-
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Product-Hazard-List-to-IncludeExtension-Cords.pdf.
Many of the safety requirements for
extension cords predate the existence of
the CPSC. For example, CPSC staff
believes that UL incorporated
requirements for polarized (and
grounded) plugs and receptacles on cord
sets around 1962. A search by CPSC
staff found that grounded plugs were
developed as early as 1911, and
polarized plugs became available in
1914. The National Electrical Code
(‘‘NEC’’) adopted requirements for
polarized electrical outlets in 1948 and
for grounded 120-volt receptacles in
1962. Since 1987, UL 817 has addressed
the identified, readily observable
characteristics that are included in the
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rule (minimum wire size, sufficient
strain relief, proper polarization, proper
continuity, outlet covers for indoor
cords, and jacketed cords for outdoor
extension cords).
Table 2, which also appeared in the
NPR at 80 FR 5703, summarizes the
required readily observable
characteristics in UL 817 associated
with all extension cords, as well as
specific requirements for indoor- and
outdoor-use extension cords. The
Commission received no comments on
these requirements for extension cords
and no comments on Table 2. Thus,
Table 2 remains an accurate summary of
the provisions of UL 817 that are being
incorporated by reference into the final
rule.
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TABLE 2—READILY OBSERVABLE CHARACTERISTICS FOR EXTENSION CORDS
Readily observable characteristics
General extension
cord usage
Minimum wire size
(AWG)
Sufficient strain relief
Proper polarization
Proper continuity
Protective feature
Plug and outlet terminals must be connected in identical
configuration (i.e.,
Hot-to-Hot, likewise
for Neutral and
Ground).
UL 817 Sections 16,
105
SAME ........................
Outlet covers must be
provided on unused
outlets on 2-wire
parallel UL 817
Section 26.7.
Indoor .........................
UL 817
Section 20
16AWG, or 17/
18AWG with integral overcurrent
protection.
UL 817 Sections
2.10, 21
18AWG or larger
must withstand 30
pound force.
UL 817 Section 84
Cord fittings must be
polarized (NEMA1–
15) or have a
grounding pin
(NEMA5–15).
UL 817 Sections 9,
19
Outdoor ......................
UL 817
Section 30
SAME ........................
UL 817 Section 2.13,
30
SAME ........................
SAME ........................
UL 817 Sections 31,
32
E. Risk of Injury
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1. Electrocution and Fire Hazards
The preamble to the NPR explained
that consumers can be seriously injured
or killed by electrical shocks or fires if
extension cord products are not
constructed properly. 80 FR at 5703–04.
To reduce the risk of injury caused by
fires or electrical shocks, the final rule
requires that all extension cords covered
by UL 817 comply with requirements
for minimum wire size, sufficient strain
relief, proper polarization, and proper
continuity.
• Wire size. Conforming to the
minimum wire size requirement in UL
817 supports a product’s electrical load
to avoid the hazard of fire and electrical
shock. When an extension cord does not
contain the correct wire size for the
load, the cord becomes hot and the
insulation is degraded. Damaged
insulation can fail by sagging, melting,
or hardening and breaking apart, which
can expose the energized wire inside the
extension cord. Exposed energized
wires present a risk of fire and electrical
shock. Additionally, conforming to the
minimum wire size requirement
contributes to the necessary mechanical
strength to endure handling and other
forces imposed on an extension cord
during expected use of the product.
• Strain relief. Conforming to the
strain relief requirement in UL 817
helps to ensure that use of extension
cords, including pulling and twisting
the cords, does not cause mechanical
damage to the connections and prevents
separation of wires from their terminal
connections during handling (e.g., being
pulled, twisted). Damaged connections,
such as broken strands of copper wiring
inside the insulated wiring, could cause
overheating (leading to a fire) or
separation of wires from their terminal
connections, which could expose bare
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energized conductors (leading to
electrical shock and fire).
• Proper polarity. An extension cord
that conforms to the proper polarity
requirements in UL 817 minimizes the
risk of accidental contact with an
energized conductor. Polarization
clearly identifies the energized wire in
the cord set and maintains, in
conjunction with other construction
requirements, the same orientation as
the receptacle of the branch circuit for
the products, such as lighting,
appliances, and other equipment
plugged into the extension cord. For
example, a product that employs a
power switch that must be located in
the energized side of the power supply
circuit will be supplied in the proper
orientation, thus reducing the risk of
electrical shock.
• Proper Continuity. An extension
cord that conforms to continuity
requirements in UL 817 provides a
continuous conductive path from line to
load fitting so that the cord can serve its
intended function. For each terminal in
the plug fitting, a corresponding
conductor must be attached to the
corresponding terminal in the load
fitting. For example, a cord attached to
a plug with a grounding pin must have
a grounding conductor. Each wire in the
cord also must be connected properly
on each end so that, for example, the
grounding pin of the plug on a threewire cord is connected to the grounding
socket on the outlet, and the energized
blade on the plug is not wired to the
non-energized receptacle on the outlet.
Proper continuity from end to end
reduces the risk of both fire and
electrical shock.
Indoor (2-wire) and outdoor extension
cords each have one additional safety
requirement that is also readily
observable and reduces the risk of
injury.
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Jacketed flexible cord
UL 817 Section 30.
• Outlet covers. Indoor 2-wire parallel
extension cords with polarized parallelblade and -slot fittings must contain
outlet covers. Outlet covers reduce the
risk of injury to children, in particular,
by minimizing the opportunity for a
child to probe plugs with small objects
or chew on the exposed receptacle
surfaces, which can lead to hand or
mouth burns and electrical shock.
• Jacketed cords. Outdoor extension
cords must have jacketed cords. A
jacketed cord protects the individual
insulated conductors from damage
when exposed to weather and other
conditions associated with outdoor use.
An unjacketed extension cord used
outdoors is susceptible to damage that
can lead to exposed conductors, and
thus, present a risk of shock and fire.
2. Incident Data
For the NPR, CPSC staff searched
extension cord incident data reported
between 1980 and May 2014 from
CPSC’s Injury or Potential Injury
Database (‘‘IPII’’) for both fatal and
nonfatal incidents; staff searched the
Death Certificate Database (‘‘DTHS’’) for
fatal incidents. Staff limited the scope of
the incidents under consideration to
incidents involving fire, burn, and
shock hazards. CPSC staff has updated
this data, and found that a total of 765
fatal incidents, 1,128 deaths, and 4,760
nonfatal incidents involving extension
cords were in-scope, and occurred
between 1980 and 2013.2 80 FR at 5704.
For the final rule, staff also searched
IPII and DTHS for in-scope incidents
reported from January 2014 through
April of 2015. CPSC staff found an
additional 21 in-scope fatal incidents
that occurred in 2014 (involving 25
deaths) and two fatal incidents (two
deaths) in 2015. CPSC staff found an
additional 83 nonfatal extension cord
2 Staff has updated incident data to include
retailer reports.
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incidents that occurred in 2014, and
staff found 11 nonfatal incidents that
occurred in 2015. See Tab E, Staff
Briefing Package: Final Rule to Amend
16 CFR part 1120 to Add Extension
Cords, dated July 15, 2015 (‘‘Staff’s
Final Rule Briefing Package’’), available
at: https://www.cpsc.gov/Global/
Newsroom/FOIA/
CommissionBriefingPackages/2015/
FinalRuletoAmendSubstantialProduct
HazardListtoIncludeExtension
Cords.pdf.
Table 3 shows the annual average
number of reported incidents associated
with extension cords for five different
periods for fatal incidents, deaths, and
nonfatal incidents. The table presents
data for the 35-year period, divided into
five 7-year periods. Reporting may not
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be complete for the most recent period
because sometimes CPSC receives
reports of incidents years after the
incidents have occurred. Table 3 shows
a steady decline in the number of
reported extension cord fire, burn, and
shock fatal incidents, deaths, and
nonfatal incidents in CPSC databases
since the 1980s.
TABLE 3—EXTENSION CORD ANNUAL AVERAGE OF REPORTED FATAL INCIDENTS, DEATHS, AND NON-FATAL INCIDENTS
FROM 1980–2014
Years
1980–1986
1987–1993
1994–2000
2001–2007
2008–2014
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
F. Compliance Efforts to Address the
Hazard
As noted in the preamble to the NPR,
the Office of Compliance sent a letter
dated January 9, 2015 to manufacturers,
importers, distributors, and retailers of
extension cords, informing them that
the Office of Compliance considers
products that do not conform to the UL
817 requirements for the five applicable
readily observable characteristics to be
defective and to present a substantial
product hazard. 80 FR at 5704–05. In
numerous instances over a period of 20
years, CPSC staff has considered the
absence of one or more of the identified
readily observable characteristics
(minimum wire size, sufficient strain
relief, proper polarization, proper
continuity, outlet covers for 2-wire
indoor cords, and jacketed cords for
outdoor extension cords) to present a
substantial product hazard and has
sought appropriate corrective action to
prevent injury to the public. Since
August 2014, however, no additional
recalls or import stoppages of extension
cords have occurred.
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Fatal incidents
II. Summary of Comments on the
Proposed Rule and CPSC’s Responses
The Commission received four
comments, comprising three issues, in
response to the NPR. No commenters
opposed the rule. One comment was
received from an industry association
and three comments were from
consumers. The industry association
expressed general support for the
proposed rule and suggested an
additional readily observable
characteristic of extension cords. The
consumer commenters were also
generally supportive of the NPR. As
explained in response to comment 3, the
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Commission made one minor
clarification to the final rule based on
the comments received. Below are
summaries of the comments and the
Commission’s responses:
Comment 1: One commenter
suggested an additional ‘‘readily
observable’’ characteristic of extension
cords, a visual check and test using a
magnet, to ensure that the wire strands
in extension cords are made of copper
instead of steel.
Response 1: UL 817, by reference to
UL 62, Standard for Safety for Flexible
Cords and Cables, requires that
extension cords be made of annealed
copper wire strands. For example,
neither aluminum nor steel is an
acceptable material for wire used in
extension cords under UL 817. Magnets
are not attracted to copper or aluminum,
but are attracted to steel. Thus, the
commenter is suggesting that CPSC use
a magnet to test for noncompliant steel
wire. Although a magnet can detect
steel, it cannot detect other
noncompliant wire materials, such as
aluminum. Accordingly, the
Commission disagrees with the
commenter’s suggestion because
magnets cannot be used to detect the
required copper wire strands, nor can
magnets be used to detect all other
noncompliant materials. A resistance
measurement could distinguish whether
a conductor is made of copper, but the
high-precision equipment required for a
sufficiently accurate measurement is
costly, and use of it may not be ‘‘readily
observable.’’
Regardless of the rule, if CPSC staff
finds that the extension cord’s
construction is noncompliant with the
voluntary standard, staff can collect
samples of such products and conduct
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32.7
27.7
23.6
15.9
12.4
Deaths
47.7
46.6
31.1
21.7
17.6
Non-fatal incidents
201.0
179.3
131.6
114.3
65.7
a preliminary determination of whether
the product presents a substantial
product hazard. If such product does
present a substantial product hazard,
CPSC can take action to remove the
products from the market.
Comment 2: Two commenters asked
whether an extension cord must include
all of the readily observable
characteristics outlined in the proposed
rule, or just one characteristic.
Response 2: Four of the six observable
characteristics apply to all general-use
extension cords (indoor and outdoor
extension cords, including indoor
seasonal extension cords): (1) Minimum
wire size; (2) sufficient strain relief; (3)
proper polarity; and (4) proper
continuity. All four characteristics must
be present for the product not to present
a substantial product hazard.
Additionally, one characteristic (outlet
covers) applies to 2-wire indoor
extension cords, and one characteristic
(jacketed cord) applies to outdoor
extension cords. Thus, 2-wire indoor
and all outdoor extension cords would
each be required to exhibit five readily
observable characteristics described in
UL 817. If one or more applicable
characteristics are missing, the product
presents a substantial product hazard
under section 15(a)(2) of the CPSA.
Comment 3: One commenter believed
that UL 817 only requires an outdoor
two-conductor extension cord to have
flexible insulation on each conductor
and does not require a jacket over the
conductors.
Response 3: Section 30.1 of UL 817
specifies the types of flexible cords that
may be used to construct outdoor
extension cords. All of the cords
specified in section 30.1 of UL 817
require a jacketed layer covering the
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conductors.3 A ‘‘jacket’’ is a layer of
flexible plastic or rubber intended to
prevent the individual insulated
conductors inside the cord from being
exposed to the environment, and to
prevent mechanical damage to the
conductors.
The commenter may misunderstand
an additional requirement stated in
section 30.1a: ‘‘A 2-wire type of
outdoor-use cord set shall contain two
insulated circuit conductors.’’ This
requirement for the individual
conductors in an extension cord to be
insulated does not eliminate the
primary requirement for a jacket to
cover the conductors on extension cords
for outdoor use.
In the NPR, the Commission
described the requirement for a jacketed
cord as a ‘‘jacketed insulated cord.’’
This designation may be confusing,
because readers may conflate the two
different requirements stated in section
30 of UL 817, one for a jacketed cord,
and the other for insulated conductors
inside the cord jacket. The NPR
proposed to require a jacketed cord, not
insulated conductors, as a readily
observable characteristic of outdoor
extension cords. Accordingly, the
Commission has replaced the term
‘‘jacketed insulated cord’’ throughout
the preamble and in the regulation text
at § 1120.3(d)(6) to ‘‘jacketed cord’’ to
clarify that the rule only applies to the
jacket requirement in section 30 of UL
817 for outdoor-use extension cords.
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III. Information Supporting Substantial
Product Hazard Determination
A. Defined Characteristics Are Readily
Observable and Addressed by UL 817
Sections 2, 9, 16, 19, 20, 21, 26, 30,
31, 32, 84, and 105 of UL 817 set forth
the requirements for the readily
observable characteristics specified in
the final rule: minimum wire size,
sufficient strain relief, proper
polarization, proper continuity, outlet
covers for 2-wire indoor cords, and
jacketed cords for outdoor extension
cords. Table 2 in section I.D of this
preamble summarizes the technical
requirements for the five applicable
readily observable characteristics in UL
817. The final rule deems the absence of
any one of these applicable
characteristics to be a substantial
product hazard under section 15(a)(2) of
the CPSA. The preamble to the NPR set
forth information to support a finding
that minimum wire size, sufficient
strain relief, proper polarization, proper
continuity, outlet covers for 2-wire
3 Wire and Cable Marking and Application Guide,
January 2014, Regulatory Services Department, UL,
Northbrook, IL.
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indoor cords, and jacketed cords for
outdoor extension cords, are readily
observable characteristics from UL 817.
See 80 FR 5705–08. We summarize that
information here.
1. Minimum Wire Size
Section 2 of UL 817 requires that a
‘‘general-use cord set’’ be made using
flexible cord, as described in Table 20.1,
with conductors sized 18, 17, 16, 14, 12,
or 10 AWG terminated in a plug and
outlet. Extension cords using flexible
cord with conductors sized 18 or 17
AWG also require overcurrent
protection. Minimum wire size, as
required in section 2 of UL 817, is a
readily observable characteristic of
extension cords that can be observed
visually by taking a measurement of the
product’s bare wires. 80 FR at 5705.
2. Sufficient Strain Relief
Section 84 of UL 817 describes the
strain relief test required for all
extension cords. Section 84.2.1 specifies
that cords with 18AWG or larger
conductors must withstand a 30-pound
pull force on the connection between
the fitting and the cord. Section 84.2.2
of UL 817 specifies that a weight must
be steadily suspended from the cord for
1 minute so that the cord is pulled
directly from the fitting without the
cord pulling loose or stretching from the
plug/load fitting. Sufficient strain relief,
as required in section 84 of UL 588, is
a readily observable characteristic of
extension cords that can be determined
by suspending a 30-lb. weight from the
plug and load fittings and observing for
conformance with section 84.2 of UL
817. 80 FR at 5705–06.
3. Proper Polarization
Section 19 of UL 817 requires that all
two-wire extension cords must have
polarized fittings. Sections 31 and 32 of
UL 817 require that all two-conductor
outdoor extension cords must have
polarized fittings and that grounding
fittings must be used on three-conductor
cords. General UL construction
specifications on fittings (Section 9.3 of
UL 817) require that polarized outlets
must reject improper or reversed
insertion of polarized plugs to reduce
the risk of shock. Proper polarization, as
required by sections 9, 19, 31, and 32 of
UL 817, is a readily observable
characteristic of extension cords, which
can be observed by visually inspecting
the plug for the polarized configuration.
80 FR at 5706.
4. Proper Continuity
Section 16 of UL 817 requires that
corresponding terminals of line (plug)
and load (outlet) fittings must be
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connected to the same conductor of the
cord. Section 105 of UL 817 prescribes
testing requirements for all
manufactured extension cords so that
the conductors are connected to the
intended terminals of the fittings, and
that electrical continuity exists
throughout the entire length of the
conductor/contact assembly. The wires
of an extension cord must form
continuous paths from one end to the
other so that the cord can serve its
intended function. Each wire in the cord
also must be properly connected on
each end so that, for example, the
grounding pin of the plug on a threewire cord is connected to the grounding
socket on the outlet, and the energized
blade on the plug is not wired to the
non-energized receptacle on the outlet.
Proper continuity, as required by
sections 16 and 105 of UL 817, is a
readily observable characteristic of
extension cords that can be visually
observed using an inexpensive and
readily available battery-light continuity
tester. 80 FR at 5705–07.
5. Outlet Covers (2-Wire Indoor
Extension Cords)
Section 26.7 of UL 817 requires that
an indoor 2-wire parallel extension cord
with polarized parallel-blade and -slot
fittings that has more than one outlet
must have covers for all the additional
outlets. Outlet covers on indoor 2-wire
parallel extension cords with polarized
parallel-blade and -slot fittings, as
required in section 26 of UL 817, are a
readily observable characteristic of
indoor extension cords, which can be
observed by visually inspecting
additional outlets for the presence of
covers.
6. Jacketed Cords (Outdoor Extension
Cords)
Section 30 of UL 817 requires that
extension cords for outdoor use be
manufactured using jacketed flexible
cord; that is, a cord consisting of two or
three insulated wires covered by an
additional flexible plastic or rubber
jacket. Jacketed cord on outdoor
extension cords, as required in section
30 of UL 817, is a readily observable
characteristic of outdoor extension
cords that can be observed by visually
inspecting for the presence of a jacketed
cord.
B. Conformance to UL 817 Has Been
Effective in Reducing the Risk of Injury
Conformance to sections 2, 9, 16, 19,
20, 21, 26, 30, 31, 32, 84, and 105 of UL
817, as summarized in Table 2 in
section I.D of this preamble, has been
effective in reducing the risk of injury
from shock and fire associated with
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extension cords. CPSC’s incident data
suggest that conformance to UL 817 has
coincided with, and may have
contributed to, a decline in the risk of
injury associated with extension cords.
See Tab A of Staff’s Final Rule Briefing
Package.
The preamble to the NPR reviewed
the reported death and nonfatal incident
data from 1980 through 2013, which
demonstrated a decline during that
period. 80 FR at 5708–09. Table 3 in
section I.E.2 of this preamble shows the
annual average number of reported
incidents for five different periods for
each of fatal incidents, deaths, and
nonfatal incidents. The 35-year period is
broken up into five 7-year periods.
Reporting may not be complete for the
most recent period because sometimes,
CPSC receives reports of incidents years
after they have occurred. Table 3 shows
an overall decrease in the number of
reported fire and shock incidents
associated with extension cords,
including fatal incidents, deaths, and
nonfatal incidents, since the 1980s and
early 1990s.
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C. Extension Cords Substantially
Comply With UL 817
The Commission has not articulated a
bright-line rule for substantial
compliance. Rather, in the rulemaking
context, the Commission has stated that
the determination of substantial
compliance should be made on a caseby-case basis. Extension cord
compliance with UL 817 is
‘‘substantial,’’ as that term is used in
section 15(j) of the CPSA. The
Commission estimates that a majority of
extension cords, likely in excess of 90
percent, sold for consumer use in the
United States, conforms to UL 817. See
80 FR at 5709–10. Since issuing the
NPR, CPSC has not received any
information in the comments, or
otherwise, that would change the
estimated level of compliance with UL
817.
IV. Description of the Final Rule
The rule regarding extension cords
creates two new paragraphs in part
1120: One defines the products covered
by the rule and the other states the
characteristics that must be present for
the products not to present a substantial
product hazard. Two minor
clarifications have been made in the
final rule: (1) In § 1120.3(d)(1), deletion
of the erroneous citation to section 31 of
UL 817, and (2) in § 1120.3(d)(6),
replacement of the phrase ‘‘jacketed
insulated cord’’ with ‘‘jacketed cord.’’
Neither clarification is intended to
change the scope or substance of the
rule.
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Definition. Section 1120.2(e) defines
an ‘‘extension cord,’’ also known as a
‘‘cord set,’’ as a length of factoryassembled flexible cord with an
attachment plug or current tap as a line
fitting and with a cord connector as a
load fitting. Extension cords are used for
extending a branch circuit supply of an
electrical outlet to the power-supply
cord of a portable appliance, in
accordance with the National Electrical
Code.® As defined in the rule, the term
applies to extension cords that are
equipped with National Electrical
Manufacturer Association (NEMA) 1–
15, 5–15 and 5–20 fittings, and that are
intended for indoor use only, or for both
indoor and outdoor use. The term
‘‘extension cord’’ does not include
detachable power supply cords,
appliance cords, power strips and taps,
and adaptor cords supplied with
outdoor tools and yard equipment.
This definition is adapted from
descriptions of extension cords defined
in section 1 of UL 817. The rule
includes indoor and outdoor general-use
extension cords that can be used with
many different types of electrical
products. All in-scope products are
covered by UL 817. Excluded from the
definition are detachable power supply
and appliance cords and adaptor cords
supplied with outdoor tools and yard
equipment because these are specificpurpose cords, rather than general-use
cords. The products that are not covered
by the rule are not subject to UL 817, or
they do not present the same risks of
injury.
Substantial product hazard list.
Section 1120.3(d) states that extension
cords that lack the identified
characteristics in accordance with the
requirements specified in the relevant
sections of UL 817 (sections 2, 9, 16, 19,
20, 21, 26, 30, 31, 32, 84, and 105) are
deemed a substantial product hazard
under section 15(a)(2) of the CPSA:
• Minimum wire size requirements in
sections 2, 20, 21, and 30 of UL 817;
• Sufficient strain relief requirements
in sections 20, 30, and 84 of UL 817;
• Proper polarization requirements in
sections 9, 19, 20, 30, 31, and 32 of UL
817;
• Proper continuity requirements in
sections 16, 20, 30, and 105 of UL 817;
• Outlet cover requirement (for
indoor 2-wire parallel extension cords
with polarized parallel-blade and -slot
fittings) in sections 20 and 26 of UL 817;
or
• Jacketed cord requirement (for
outdoor use extension cords) in section
30 of UL 817.
These characteristics and the UL 817
requirements are explained in more
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detail in sections I.D (Table 2) and III.A
of this preamble.
Standards incorporated by reference.
At the request of the Office of the
Federal Register (‘‘OFR’’), the
Commission made a formatting change
to part 1120 in the final rule for seasonal
and decorative lighting products, 80 FR
25216. This change created a new
section, 1120.4, listing all of the
incorporations by reference (‘‘IBR’’) for
products added to the substantial
product hazard list. The IBR for
extension cords is included in a new
§ 1120.4(c)(4).
Incorporation by reference. The OFR
has regulations concerning
incorporation by reference. 1 CFR part
51. The OFR recently revised these
regulations to require that, for a final
rule, agencies must discuss, in the
preamble of the rule, ways that the
materials the agency incorporates by
reference are reasonably available to
interested persons and how interested
parties can obtain the materials. In
addition, the preamble of the rule must
summarize the material. 1 CFR 51.5(b).
In accordance with the OFR’s
requirements, Table 2 in section I.D of
this preamble summarizes the
requirements of UL 817. Interested
persons may purchase a copy of UL 817
from UL, either through UL’s Web site,
www.UL.com, or by mail at the address
provided in the rule. A copy of the
standard also can be inspected at the
CPSC’s Office of the Secretary, U.S.
Consumer Product Safety Commission,
or at NARA, as provided in the rule.
V. Commission Determination That
Extension Cords That Lack Any One of
Five Applicable Readily Observable
Characteristics Present a Substantial
Product Hazard
To place a product (or class of
products) on the list of substantial
product hazards pursuant to section
15(j) of the CPSA, the Commission must
determine that: (1) The characteristics
involved are ‘‘readily observable’’; (2)
the characteristics are addressed by a
voluntary standard; (3) the voluntary
standard is effective in reducing the risk
of injury associated with the consumer
products; and (4) products are in
substantial compliance with the
voluntary standard. Accordingly, based
on the information provided in this
rulemaking, for extension cords, the
Commission determines that:
• Minimum wire size, sufficient
strain relief, proper polarization, proper
continuity, outlet covers for 2-wire
indoor extension cords, and jacketed
cords for outdoor extension cords, are
all readily observable characteristics of
extension cords. Proper polarization,
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outlet covers, and jacketed cords are all
visually observable characteristics of an
extension cord. Measurement of
minimum wire size, sufficient strain
relief, and proper continuity can be
readily conducted and visually
observed;
• the identified readily observable
safety characteristics for extension cords
are addressed in the following sections
of a voluntary standard, UL 817:
Æ Minimum wire size—sections 2, 20,
21, and 30;
Æ Sufficient strain relief—sections 20,
30, and 84;
Æ Proper polarization—9, 19, 20, 30,
31, and 32;
Æ Proper continuity—sections 16, 20,
30, and 105;
Æ Outlet cover (for indoor 2-wire
parallel extension cords with polarized
parallel-blade and -slot fittings)—
sections 20 and 26;
Æ Jacketed cord (for outdoor use
extension cords)—section 30;
• conformance to UL 817 has been
effective in reducing the risk of injury
from shock and fire associated with
extension cords. For example, the
annual average reported deaths
associated with extension cords from
1980 to 1986 was 47.7, and the annual
average number of reported non-fatal
incidents during the same time period
was 201. These death and injury
averages have declined over the years.
In the most recent 7-year period, from
2008 to 2014, the annual average
number of reported deaths fell to 17.6,
and the annual average number of
reported nonfatal incidents fell to 65.7.
Although decreasing numbers of death
and injury may be a result of several
factors, conformance with UL 817
coincided with, and likely contributed
to, the decline in deaths and injuries
associated with extension cords; and
• extension cords sold in the United
States substantially comply with UL
817. We estimate that more than 90
percent of the extension cords for sale
in the United States comply with the
readily observable safety characteristics
addressed in UL 817: Minimum wire
size, sufficient strain relief, proper
polarization, proper continuity, outlet
covers for 2-wire indoor cords, and
jacketed cords for outdoor extension
cords.
VI. Effect of the 15(j) Rule
Section 15(j) of the CPSA allows the
Commission to issue a rule specifying
that a consumer product or class of
consumer products has characteristics
whose presence or absence creates a
substantial product hazard. A rule
under section 15(j) of the CPSA is not
a consumer product safety rule, and
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thus, does not create a mandatory
standard that triggers testing or
certification requirements under section
14(a) of the CPSA.
Although a rule issued under section
15(j) of the CPSA is not a consumer
product safety rule, placing a consumer
product on the substantial product
hazard list in 16 CFR part 1120 has
some ramifications. A product that is or
has a substantial product hazard is
subject to the reporting requirements of
section 15(b) of the CPSA, 15 U.S.C.
2064(b). A manufacturer, importer,
distributor, or retailer that fails to report
a substantial product hazard to the
Commission is subject to civil penalties
under section 20 of the CPSA, 15 U.S.C.
2069, and possibly to criminal penalties
under section 21 of the CPSA, 15 U.S.C.
2070.
A product that is or contains a
substantial product hazard is also
subject to corrective action under
sections 15(c) and (d) of the CPSA, 15
U.S.C. 2064(c) and (d). Thus, a rule
issued under section 15(j) for extension
cords allows the Commission to order
that a manufacturer, importer,
distributor, or retailer of extension cords
that do not contain one or more of the
applicable readily observable
characteristics must offer to repair or
replace the product, or refund the
purchase price to the consumer.
A product that is offered for import
into the United States and is or contains
a substantial product hazard shall be
refused admission into the United States
under section 17(a) of the CPSA, 15
U.S.C. 2066(a). Additionally, CBP has
the authority to seize certain products
offered for import under the Tariff Act
of 1930 (19 U.S.C. 1595a) (‘‘Tariff Act’’),
and to assess civil penalties that CBP, by
law, is authorized to impose. Section
1595a(c)(2)(A) of the Tariff Act states
that CBP may seize merchandise, and
such merchandize may be forfeited if:
‘‘its importation or entry is subject to
any restriction or prohibition which is
imposed by law relating to health,
safety, or conservation and the
merchandise is not in compliance with
the applicable rule, regulation, or
statute.’’
VII. Regulatory Flexibility Act Analysis
The Regulatory Flexibility Act
(‘‘RFA’’) requires that proposed and
final rules be reviewed for the potential
economic impact on small entities,
including small businesses. 5 U.S.C.
601–612. In the preamble to the
proposed rule (80 FR at 5711–12) the
Commission certified that the rule will
not have a significant economic impact
on a substantial number of small
entities. The Commission received no
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comments on the RFA analysis
presented in the NPR, and we have not
found any data that would alter that
analysis.
VIII. Environmental Considerations
Generally, the Commission’s
regulations are considered to have little
or no potential for affecting the human
environment, and environmental
assessments and impact statements are
not usually required. See 16 CFR
1021.5(a). The final rule to deem
extension cords that do not contain one
or more of five applicable readily
observable characteristics to be a
substantial product hazard will not have
an adverse impact on the environment
and is considered to fall within the
‘‘categorical exclusion’’ for purposes of
the National Environmental Policy Act.
16 CFR 1021.5(c).
IX. Paperwork Reduction Act
The rule does not require any
stakeholder to create, maintain, or
disclose information. Thus, no
paperwork burden is associated with
this final rule, and the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520) does not apply.
X. Preemption
A rule under section 15(j) of the CPSA
does not establish a consumer product
safety rule. Accordingly, the preemption
provisions in section 26(a) of the CPSA,
15 U.S.C. 2075(a), do not apply to this
rule.
XI. Effective Date
The preamble to the proposed rule
stated that a final rule deeming that
extension cords that do not conform to
the specified sections of UL 817
regarding minimum wire size, sufficient
strain relief, proper polarization, proper
continuity, outlet covers (for 2-wire
indoor extension cords), and jacketed
cord (for outdoor extension cords), are
a substantial product hazard be effective
30 days after publication of a final rule
in the Federal Register. We received no
comments on the effective date.
Accordingly, the final rule will apply to
extension cords imported or introduced
into commerce on August 26, 2015.
List of Subjects in 16 CFR Part 1120
Administrative practice and
procedure, Clothing, Consumer
protection, Cord sets, Extension cords,
Household appliances, Imports,
Incorporation by reference, Infants and
children, Lighting.
For the reasons stated above, and
under the authority of 15 U.S.C. 2064(j),
5 U.S.C. 553, and section 3 of Public
Law 110–314, 122 Stat. 3016 (August
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14, 2008), the Consumer Product Safety
Commission amends 16 CFR part 1120
to read as follows:
PART 1120—SUBSTANTIAL PRODUCT
HAZARD LIST
1. The authority citation for part 1120
continues to read as follows:
■
Authority: 15 U.S.C. 2064(j).
Definitions.
*
*
*
*
*
(e) Extension cord (also known as a
cord set) means a length of factoryassembled flexible cord with an
attachment plug or current tap as a line
fitting and with a cord connector as a
load fitting. Extension cords are used for
extending a branch circuit supply of an
electrical outlet to the power-supply
cord of a portable appliance, in
accordance with the National Electrical
Code.® For purposes of this rule, the
term applies to extension cords that are
equipped with National Electrical
Manufacturer Association (‘‘NEMA’’) 1–
15, 5–15 and 5–20 fittings, and that are
intended for indoor use only, or for both
indoor and outdoor use. The term
‘‘extension cord’’ does not include
detachable power supply cords,
appliance cords, power strips and taps,
and adaptor cords supplied with
outdoor tools and yard equipment.
■ 3. In § 1120.3, add paragraph (d) to
read as follows:
§ 1120.3 Products deemed to be
substantial product hazards.
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*
*
*
*
*
(d) Extension cords that lack one or
more of the following specified
characteristics in conformance with
requirements in sections 2, 9, 16, 19, 20,
21, 26, 30, 31, 32, 84, and 105 of UL 817
(incorporated by reference, see
§ 1120.4):
(1) Minimum wire size requirement in
sections 2, 20, 21, and 30 of UL 817;
(2) Sufficient strain relief requirement
in sections 20, 30, and 84 of UL 817;
(3) Proper polarization requirement in
sections 9, 19, 20, 30, 31, and 32 of UL
817;
(4) Proper continuity requirement in
sections 16, 20, 30, and 105 of UL 817;
(5) Outlet cover requirement (for
indoor 2-wire parallel extension cords
with polarized parallel-blade and -slot
fittings) in sections 20 and 26 of UL 817;
or
(6) Jacketed cord requirement (for
outdoor use extension cords) in section
30 of UL 817.
■ 4. In § 1120.4, add paragraph (c)(4) to
read as follows:
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*
*
*
*
*
(c) * * *
(4) UL 817, Standard for Cord Sets
and Power-Supply Cords, 11th Edition,
dated March 16, 2001, as revised
through February 3, 2014 (‘‘UL 817’’),
IBR approved for § 1120.3(d).
Dated: July 22, 2015.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
2. In § 1120.2, add paragraph (e) to
read as follows:
■
§ 1120.2
§ 1120.4 Standards incorporated by
reference.
[FR Doc. 2015–18294 Filed 7–24–15; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 199
[Docket ID: DOD–2012–HA–0049]
RIN 0720–AB57
Civilian Health and Medical Program of
the Uniformed Services (CHAMPUS)/
TRICARE: TRICARE Pharmacy
Benefits Program
Office of the Secretary,
Department of Defense (DoD).
ACTION: Final rule.
AGENCY:
This final rule implements
new authority for an over-the-counter
(OTC) drug program, makes several
administrative changes to the TRICARE
Pharmacy Benefits Program regulation
in order to conform it to the statute, and
clarifies some procedures regarding the
operation of the uniform formulary.
Specifically, the final rule: Provides
implementing regulations for the OTC
drug program that has recently been
given permanent statutory authority;
conforms the pharmacy program
regulation to the statute (including
recent statutory changes contained in
the Carl Levin and Howard P. ‘‘Buck’’
McKeon National Defense Authorization
Act for Fiscal Year 2015) regarding
point-of-service availability of nonformulary drugs and copayments for all
categories of drugs; clarifies the process
for formulary placement of newly
approved drugs; and clarifies several
other uniform formulary practices.
DATES: This final rule is effective August
26, 2015.
FOR FURTHER INFORMATION CONTACT: Dr.
George E. Jones, Jr., Chief, Pharmacy
Operations Division, Defense Health
Agency, telephone 703–681–2890.
SUPPLEMENTARY INFORMATION:
SUMMARY:
PO 00000
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44269
A. Executive Summary
1. Purpose of Regulatory Action
The final rule is necessary to
incorporate new statutory authority for
a permanent OTC program, make
several administrative changes to the
TRICARE Pharmacy Benefits Program
regulation to conform to the statute (10
U.S.C. 1074g), and clarify some
procedures regarding the uniform
formulary.
Legal authority for this final rule is 10
U.S.C. 1074g.
2. Summary of the Final Rule
a. It establishes the process for
identifying select OTC products for
coverage under the pharmacy benefit
program and the rules for making these
products available to eligible DoD
beneficiaries under the new authority
enacted in section 702 of the National
Defense Authorization Act for Fiscal
Year 2013 (NDAA–13). In general,
approved OTC pharmaceuticals will
comply with the mandatory generic
policy as stated in 32 CFR 199.21(j)(2)
and will be available under terms
similar to generic prescription
medications, except that the need for a
prescription and/or a copay may be
waived in some circumstances.
b. It conforms the regulation to the
statute regarding the point of service
where non-formulary drugs are
available. They would be generally
available in the mail order program,
except that if validated as medically
necessary, they would be available from
military treatment facility pharmacies
and from retail pharmacies (at the
formulary copay level) as well.
c. It clarifies the process for formulary
placement of newly approved innovator
drugs brought to market under a New
Drug Application approved by the Food
and Drug Administration (FDA), giving
the Pharmacy and Therapeutics
Committee up to 120 days to
recommend tier placement on the
uniform formulary. During this period,
new drugs would be assigned a
classification pending status; they
would be available under terms
comparable to non-formulary drugs,
unless medically necessary, in which
case they would be available under
terms comparable to formulary drugs.
d. As a ‘‘housekeeping’’ change, it
conforms the rule to the new statutory
specifications for copayment amounts in
10 U.S.C 1074g.
3. Costs and Benefits
The benefits of this final rule are that
it will more closely conform the
regulation to the statute and facilitate
more effective administration of the
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]]>Agencies
[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Rules and Regulations]
[Pages 44262-44269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18294]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1120
[CPSC Docket No. CPSC-2015-0003]
Substantial Product Hazard List: Extension Cords
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Consumer Product Safety Commission (``CPSC'' or
``Commission'') is issuing a final rule to specify that extension cords
(both indoor and outdoor use extension cords) that do not contain one
or more of five applicable readily observable characteristics set forth
in the rule, as addressed in a voluntary standard, are deemed a
substantial product hazard under the Consumer Product Safety Act
(``CPSA'').
DATES: Effective Date: The rule takes effect on August 26, 2015. The
incorporation by reference of the publication listed in this rule is
approved by the Director of the Federal Register as of August 26, 2015.
FOR FURTHER INFORMATION CONTACT: Mary Kroh, Office of Compliance and
Field Operations, Consumer Product Safety Commission, 4330 East West
Highway, Bethesda, MD 20814; telephone: 301-504-7886; mkroh@cpsc.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Statutory Authority
A. Statutory Authority
Section 223 of the Consumer Product Safety Improvement Act of 2008
(``CPSIA''), amended section 15 of the CPSA, 15 U.S.C. 2064, to add a
new subsection (j). Section 15(j) of the CPSA provides the Commission
with the authority to specify, by rule, for any consumer product or
class of consumer products, characteristics whose existence or absence
are deemed a substantial product hazard under section 15(a)(2) of the
CPSA. Section 15(a)(2) of the CPSA defines a ``substantial product
hazard,'' in relevant part, as a product defect which (because of the
pattern of defect, the number of defective products distributed in
commerce, the severity of the risk, or otherwise) creates a substantial
risk of injury to the public. A rule under section 15(j) of the CPSA (a
``15(j) rule'') is not a consumer product safety rule that imposes
performance or labeling requirements for newly manufactured products.
Rather, a 15(j) rule is a Commission determination of a product defect,
based upon noncompliance with specific product characteristics that are
addressed in an effective voluntary standard. For the Commission to
issue a 15(j) rule, the product characteristics involved must be
``readily observable'' and have been addressed by a voluntary standard.
Moreover, the voluntary standard must be effective in reducing the risk
of injury associated with the consumer products, and there must be
substantial compliance with the voluntary standard.
B. Background
On February 3, 2015, the Commission issued a notice of proposed
rulemaking (``NPR'') in the Federal Register to amend the substantial
product hazard list in 16 CFR part 1120 (``part 1120'') to add
extension cords that lack certain readily observable safety
characteristics addressed by a voluntary standard because such products
pose a risk of electrical shock or fire. 80 FR 5701. The comment period
on the proposed rule closed on April 20, 2015. As detailed in section
II of this preamble, the Commission received four comments on the
proposed rule, covering three issues.
The Commission is now issuing a final rule to amend part 1120 by
adding four readily observable characteristics that apply to all
general-use extension cords (indoor and outdoor extension cords,
including indoor seasonal extension cords):
(1) Minimum wire size;
(2) sufficient strain relief;
(3) proper polarity; and
(4) proper continuity.
Additionally, the final rule includes one characteristic, outlet
covers, that applies to 2-wire indoor extension cords, and one
characteristic, jacketed cord, that applies to outdoor extension cords.
Accordingly, as of the effective date of this rule, extension cords
within the scope of the rule that do not conform to all five applicable
characteristics described in the voluntary standard, Underwriters
Laboratories (``UL''), Standard for Cord Sets and Power-Supply Cords,
UL 817, 11th Edition, dated March 16, 2001, as revised through February
3, 2014 (``UL 817'') will constitute a substantial product hazard.\1\
Nonconforming extension cords are deemed to create a substantial
product hazard under section 15(a)(2) of the CPSA because such products
pose a risk of electrical shock or fire.
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\1\ The UL mark and logo are trademarks of Underwriters
Laboratories, Inc.
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The Commission is finalizing the rule with two minor clarifications
as recommended by CPSC staff. First, the
[[Page 44263]]
final rule deletes an erroneous citation to section 31 of UL 817 in
Sec. 1120.3(d)(1), the requirements for minimum wire size. Section 31
of UL 817 states requirements for attachment plugs, which are not
related to minimum wire size, and thus should not be referenced in the
section of the rule concerning minimum wire size. Second, the term
``jacketed insulated cord'' is replaced with ``jacketed cord'' in Sec.
1120.3(d)(6) of the final rule and in this preamble, when describing a
readily observable characteristic for outdoor extension cords. This
change is not intended to change the scope of the rule or the
requirements, but to clarify the characteristics of UL 817 being
incorporated by reference. As explained more fully in response to
comment 3 in section II of the preamble, the NPR proposed (and the
final rule would require) jacketing--not insulation--as a readily
observable characteristic of outdoor extension cords.
C. Extension Cords
The final rule uses the phrase ``extension cords'' to identify the
products that are within the scope of the rule. The Commission received
no comments on the definition of ``extension cords'' described in the
NPR; accordingly, the final rule will continue to define an ``extension
cord'' (also known as a cord set), consistent with the description of
products subject to UL 817, as a length of factory-assembled flexible
cord with an attachment plug or current tap as a line fitting and with
a cord connector as a load fitting. Extension cords are used for
extending a branch circuit supply of an electrical outlet to the power-
supply cord of a portable appliance, in accordance with the National
Electrical Code.[supreg] The final rule applies to extension cords that
are equipped with National Electrical Manufacturer Association
(``NEMA'') 1-15, 5-15 and 5-20 fittings, and that are intended for
indoor use only, or for both indoor and outdoor use. We refer to cords
intended for indoor use only as ``indoor cords'' and to cords intended
for both indoor and outdoor use as ``outdoor cords.'' The term
``extension cord'' does not include detachable power supply cords,
appliance cords, power strips and taps, and adaptor cords supplied with
outdoor tools and yard equipment.
All products within the scope of the final rule are covered by UL
817. Table 1 provides a non-exhaustive list of examples of extension
cords that fall within and outside the scope of the final rule. Not
included in this rule are detachable power supply and appliance cords
and adaptor cords supplied with outdoor tools and yard equipment
because these cords are specific-purpose, rather than general-use
cords. The products that are outside the scope of the final rule are
not subject to UL 817, or they do not present the same risks of injury.
Table 1--Extension Cords: Products Within and Outside the Scope of the
Final Rule
------------------------------------------------------------------------
-------------------------------------------------------------------------
In Scope: Household extension cords, factory-assembled, 120 volts AC,
including:
Indoor or general-use cord sets, including seasonal indoor
cord sets.
Outdoor cord sets.
Out of Scope:
Detachable power cords, either with appliance or other
nonstandard plugs (e.g., accompanying electronic or other
electrically powered items), or with fittings of different
configurations (e.g., a clothes washer replacement cord with a plug
at one end and individual wire terminals at the other end).
Unassembled components, such as flexible cord or fittings,
which may be assembled into extension cords or installed in
permanent branch circuit wiring systems.
Cord sets intended for use with non-branch-circuit
household current, i.e., greater or less than nominal 120 volts AC
(e.g., for use with 220 volt appliances, or for 15-50 ampere/125-
250-volt recreational vehicles).
Power strips, power taps, and surge protectors.
------------------------------------------------------------------------
D. Applicable Voluntary Standard
The current voluntary standard applicable to extension cords is UL
817-2014. UL has updated UL 817 over the years to address various
safety issues to make extension cords safer, see Staff's Draft Proposed
Rule to Add Extension Cords to the Substantial Product Hazard List in
16 CFR part 1120, January 21, 2015 (``Staff NPR Briefing Package'') Tab
B, Extension Cords: Abbreviated History and the Associated UL
Standards. The Staff's NPR Briefing Package is available on the CPSC's
Web site at: https://www.cpsc.gov/Global/Newsroom/FOIA/CommissionBriefingPackages/2015/Proposed-Rule-to-Amend-Substantia-Product-Hazard-List-to-Include-Extension-Cords.pdf.
Many of the safety requirements for extension cords predate the
existence of the CPSC. For example, CPSC staff believes that UL
incorporated requirements for polarized (and grounded) plugs and
receptacles on cord sets around 1962. A search by CPSC staff found that
grounded plugs were developed as early as 1911, and polarized plugs
became available in 1914. The National Electrical Code (``NEC'')
adopted requirements for polarized electrical outlets in 1948 and for
grounded 120-volt receptacles in 1962. Since 1987, UL 817 has addressed
the identified, readily observable characteristics that are included in
the rule (minimum wire size, sufficient strain relief, proper
polarization, proper continuity, outlet covers for indoor cords, and
jacketed cords for outdoor extension cords).
Table 2, which also appeared in the NPR at 80 FR 5703, summarizes
the required readily observable characteristics in UL 817 associated
with all extension cords, as well as specific requirements for indoor-
and outdoor-use extension cords. The Commission received no comments on
these requirements for extension cords and no comments on Table 2.
Thus, Table 2 remains an accurate summary of the provisions of UL 817
that are being incorporated by reference into the final rule.
[[Page 44264]]
Table 2--Readily Observable Characteristics for Extension Cords
--------------------------------------------------------------------------------------------------------------------------------------------------------
Readily observable characteristics
--------------------------------------------------------------------------------------------------------------------
General extension cord usage Minimum wire size Sufficient strain
(AWG) relief Proper polarization Proper continuity Protective feature
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indoor............................. 16AWG, or 17/18AWG 18AWG or larger must Cord fittings must be Plug and outlet Outlet covers must be
UL 817............................. with integral withstand 30 pound polarized (NEMA1-15) terminals must be provided on unused
Section 20......................... overcurrent force. or have a grounding connected in outlets on 2-wire
protection. UL 817 Section 84..... pin (NEMA5-15). identical parallel UL 817
UL 817 Sections 2.10, UL 817 Sections 9, 19 configuration (i.e., Section 26.7.
21. Hot-to-Hot, likewise
for Neutral and
Ground).
UL 817 Sections 16,
105.
Outdoor............................ SAME.................. SAME.................. SAME................. SAME................. Jacketed flexible
UL 817............................. UL 817 Section 2.13, UL 817 Sections 31, cord
Section 30......................... 30. 32. UL 817 Section 30.
--------------------------------------------------------------------------------------------------------------------------------------------------------
E. Risk of Injury
1. Electrocution and Fire Hazards
The preamble to the NPR explained that consumers can be seriously
injured or killed by electrical shocks or fires if extension cord
products are not constructed properly. 80 FR at 5703-04. To reduce the
risk of injury caused by fires or electrical shocks, the final rule
requires that all extension cords covered by UL 817 comply with
requirements for minimum wire size, sufficient strain relief, proper
polarization, and proper continuity.
Wire size. Conforming to the minimum wire size requirement
in UL 817 supports a product's electrical load to avoid the hazard of
fire and electrical shock. When an extension cord does not contain the
correct wire size for the load, the cord becomes hot and the insulation
is degraded. Damaged insulation can fail by sagging, melting, or
hardening and breaking apart, which can expose the energized wire
inside the extension cord. Exposed energized wires present a risk of
fire and electrical shock. Additionally, conforming to the minimum wire
size requirement contributes to the necessary mechanical strength to
endure handling and other forces imposed on an extension cord during
expected use of the product.
Strain relief. Conforming to the strain relief requirement
in UL 817 helps to ensure that use of extension cords, including
pulling and twisting the cords, does not cause mechanical damage to the
connections and prevents separation of wires from their terminal
connections during handling (e.g., being pulled, twisted). Damaged
connections, such as broken strands of copper wiring inside the
insulated wiring, could cause overheating (leading to a fire) or
separation of wires from their terminal connections, which could expose
bare energized conductors (leading to electrical shock and fire).
Proper polarity. An extension cord that conforms to the
proper polarity requirements in UL 817 minimizes the risk of accidental
contact with an energized conductor. Polarization clearly identifies
the energized wire in the cord set and maintains, in conjunction with
other construction requirements, the same orientation as the receptacle
of the branch circuit for the products, such as lighting, appliances,
and other equipment plugged into the extension cord. For example, a
product that employs a power switch that must be located in the
energized side of the power supply circuit will be supplied in the
proper orientation, thus reducing the risk of electrical shock.
Proper Continuity. An extension cord that conforms to
continuity requirements in UL 817 provides a continuous conductive path
from line to load fitting so that the cord can serve its intended
function. For each terminal in the plug fitting, a corresponding
conductor must be attached to the corresponding terminal in the load
fitting. For example, a cord attached to a plug with a grounding pin
must have a grounding conductor. Each wire in the cord also must be
connected properly on each end so that, for example, the grounding pin
of the plug on a three-wire cord is connected to the grounding socket
on the outlet, and the energized blade on the plug is not wired to the
non-energized receptacle on the outlet. Proper continuity from end to
end reduces the risk of both fire and electrical shock.
Indoor (2-wire) and outdoor extension cords each have one
additional safety requirement that is also readily observable and
reduces the risk of injury.
Outlet covers. Indoor 2-wire parallel extension cords with
polarized parallel-blade and -slot fittings must contain outlet covers.
Outlet covers reduce the risk of injury to children, in particular, by
minimizing the opportunity for a child to probe plugs with small
objects or chew on the exposed receptacle surfaces, which can lead to
hand or mouth burns and electrical shock.
Jacketed cords. Outdoor extension cords must have jacketed
cords. A jacketed cord protects the individual insulated conductors
from damage when exposed to weather and other conditions associated
with outdoor use. An unjacketed extension cord used outdoors is
susceptible to damage that can lead to exposed conductors, and thus,
present a risk of shock and fire.
2. Incident Data
For the NPR, CPSC staff searched extension cord incident data
reported between 1980 and May 2014 from CPSC's Injury or Potential
Injury Database (``IPII'') for both fatal and nonfatal incidents; staff
searched the Death Certificate Database (``DTHS'') for fatal incidents.
Staff limited the scope of the incidents under consideration to
incidents involving fire, burn, and shock hazards. CPSC staff has
updated this data, and found that a total of 765 fatal incidents, 1,128
deaths, and 4,760 nonfatal incidents involving extension cords were in-
scope, and occurred between 1980 and 2013.\2\ 80 FR at 5704.
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\2\ Staff has updated incident data to include retailer reports.
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For the final rule, staff also searched IPII and DTHS for in-scope
incidents reported from January 2014 through April of 2015. CPSC staff
found an additional 21 in-scope fatal incidents that occurred in 2014
(involving 25 deaths) and two fatal incidents (two deaths) in 2015.
CPSC staff found an additional 83 nonfatal extension cord
[[Page 44265]]
incidents that occurred in 2014, and staff found 11 nonfatal incidents
that occurred in 2015. See Tab E, Staff Briefing Package: Final Rule to
Amend 16 CFR part 1120 to Add Extension Cords, dated July 15, 2015
(``Staff's Final Rule Briefing Package''), available at: https://www.cpsc.gov/Global/Newsroom/FOIA/CommissionBriefingPackages/2015/FinalRuletoAmendSubstantialProductHazardListtoIncludeExtensionCords.pdf.
Table 3 shows the annual average number of reported incidents
associated with extension cords for five different periods for fatal
incidents, deaths, and nonfatal incidents. The table presents data for
the 35-year period, divided into five 7-year periods. Reporting may not
be complete for the most recent period because sometimes CPSC receives
reports of incidents years after the incidents have occurred. Table 3
shows a steady decline in the number of reported extension cord fire,
burn, and shock fatal incidents, deaths, and nonfatal incidents in CPSC
databases since the 1980s.
Table 3--Extension Cord Annual Average of Reported Fatal Incidents, Deaths, and Non-Fatal Incidents From 1980-
2014
----------------------------------------------------------------------------------------------------------------
Fatal Non-fatal
Years incidents Deaths incidents
----------------------------------------------------------------------------------------------------------------
1980-1986....................................................... 32.7 47.7 201.0
1987-1993....................................................... 27.7 46.6 179.3
1994-2000....................................................... 23.6 31.1 131.6
2001-2007....................................................... 15.9 21.7 114.3
2008-2014....................................................... 12.4 17.6 65.7
----------------------------------------------------------------------------------------------------------------
F. Compliance Efforts to Address the Hazard
As noted in the preamble to the NPR, the Office of Compliance sent
a letter dated January 9, 2015 to manufacturers, importers,
distributors, and retailers of extension cords, informing them that the
Office of Compliance considers products that do not conform to the UL
817 requirements for the five applicable readily observable
characteristics to be defective and to present a substantial product
hazard. 80 FR at 5704-05. In numerous instances over a period of 20
years, CPSC staff has considered the absence of one or more of the
identified readily observable characteristics (minimum wire size,
sufficient strain relief, proper polarization, proper continuity,
outlet covers for 2-wire indoor cords, and jacketed cords for outdoor
extension cords) to present a substantial product hazard and has sought
appropriate corrective action to prevent injury to the public. Since
August 2014, however, no additional recalls or import stoppages of
extension cords have occurred.
II. Summary of Comments on the Proposed Rule and CPSC's Responses
The Commission received four comments, comprising three issues, in
response to the NPR. No commenters opposed the rule. One comment was
received from an industry association and three comments were from
consumers. The industry association expressed general support for the
proposed rule and suggested an additional readily observable
characteristic of extension cords. The consumer commenters were also
generally supportive of the NPR. As explained in response to comment 3,
the Commission made one minor clarification to the final rule based on
the comments received. Below are summaries of the comments and the
Commission's responses:
Comment 1: One commenter suggested an additional ``readily
observable'' characteristic of extension cords, a visual check and test
using a magnet, to ensure that the wire strands in extension cords are
made of copper instead of steel.
Response 1: UL 817, by reference to UL 62, Standard for Safety for
Flexible Cords and Cables, requires that extension cords be made of
annealed copper wire strands. For example, neither aluminum nor steel
is an acceptable material for wire used in extension cords under UL
817. Magnets are not attracted to copper or aluminum, but are attracted
to steel. Thus, the commenter is suggesting that CPSC use a magnet to
test for noncompliant steel wire. Although a magnet can detect steel,
it cannot detect other noncompliant wire materials, such as aluminum.
Accordingly, the Commission disagrees with the commenter's suggestion
because magnets cannot be used to detect the required copper wire
strands, nor can magnets be used to detect all other noncompliant
materials. A resistance measurement could distinguish whether a
conductor is made of copper, but the high-precision equipment required
for a sufficiently accurate measurement is costly, and use of it may
not be ``readily observable.''
Regardless of the rule, if CPSC staff finds that the extension
cord's construction is noncompliant with the voluntary standard, staff
can collect samples of such products and conduct a preliminary
determination of whether the product presents a substantial product
hazard. If such product does present a substantial product hazard, CPSC
can take action to remove the products from the market.
Comment 2: Two commenters asked whether an extension cord must
include all of the readily observable characteristics outlined in the
proposed rule, or just one characteristic.
Response 2: Four of the six observable characteristics apply to all
general-use extension cords (indoor and outdoor extension cords,
including indoor seasonal extension cords): (1) Minimum wire size; (2)
sufficient strain relief; (3) proper polarity; and (4) proper
continuity. All four characteristics must be present for the product
not to present a substantial product hazard. Additionally, one
characteristic (outlet covers) applies to 2-wire indoor extension
cords, and one characteristic (jacketed cord) applies to outdoor
extension cords. Thus, 2-wire indoor and all outdoor extension cords
would each be required to exhibit five readily observable
characteristics described in UL 817. If one or more applicable
characteristics are missing, the product presents a substantial product
hazard under section 15(a)(2) of the CPSA.
Comment 3: One commenter believed that UL 817 only requires an
outdoor two-conductor extension cord to have flexible insulation on
each conductor and does not require a jacket over the conductors.
Response 3: Section 30.1 of UL 817 specifies the types of flexible
cords that may be used to construct outdoor extension cords. All of the
cords specified in section 30.1 of UL 817 require a jacketed layer
covering the
[[Page 44266]]
conductors.\3\ A ``jacket'' is a layer of flexible plastic or rubber
intended to prevent the individual insulated conductors inside the cord
from being exposed to the environment, and to prevent mechanical damage
to the conductors.
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\3\ Wire and Cable Marking and Application Guide, January 2014,
Regulatory Services Department, UL, Northbrook, IL.
---------------------------------------------------------------------------
The commenter may misunderstand an additional requirement stated in
section 30.1a: ``A 2-wire type of outdoor-use cord set shall contain
two insulated circuit conductors.'' This requirement for the individual
conductors in an extension cord to be insulated does not eliminate the
primary requirement for a jacket to cover the conductors on extension
cords for outdoor use.
In the NPR, the Commission described the requirement for a jacketed
cord as a ``jacketed insulated cord.'' This designation may be
confusing, because readers may conflate the two different requirements
stated in section 30 of UL 817, one for a jacketed cord, and the other
for insulated conductors inside the cord jacket. The NPR proposed to
require a jacketed cord, not insulated conductors, as a readily
observable characteristic of outdoor extension cords. Accordingly, the
Commission has replaced the term ``jacketed insulated cord'' throughout
the preamble and in the regulation text at Sec. 1120.3(d)(6) to
``jacketed cord'' to clarify that the rule only applies to the jacket
requirement in section 30 of UL 817 for outdoor-use extension cords.
III. Information Supporting Substantial Product Hazard Determination
A. Defined Characteristics Are Readily Observable and Addressed by UL
817
Sections 2, 9, 16, 19, 20, 21, 26, 30, 31, 32, 84, and 105 of UL
817 set forth the requirements for the readily observable
characteristics specified in the final rule: minimum wire size,
sufficient strain relief, proper polarization, proper continuity,
outlet covers for 2-wire indoor cords, and jacketed cords for outdoor
extension cords. Table 2 in section I.D of this preamble summarizes the
technical requirements for the five applicable readily observable
characteristics in UL 817. The final rule deems the absence of any one
of these applicable characteristics to be a substantial product hazard
under section 15(a)(2) of the CPSA. The preamble to the NPR set forth
information to support a finding that minimum wire size, sufficient
strain relief, proper polarization, proper continuity, outlet covers
for 2-wire indoor cords, and jacketed cords for outdoor extension
cords, are readily observable characteristics from UL 817. See 80 FR
5705-08. We summarize that information here.
1. Minimum Wire Size
Section 2 of UL 817 requires that a ``general-use cord set'' be
made using flexible cord, as described in Table 20.1, with conductors
sized 18, 17, 16, 14, 12, or 10 AWG terminated in a plug and outlet.
Extension cords using flexible cord with conductors sized 18 or 17 AWG
also require overcurrent protection. Minimum wire size, as required in
section 2 of UL 817, is a readily observable characteristic of
extension cords that can be observed visually by taking a measurement
of the product's bare wires. 80 FR at 5705.
2. Sufficient Strain Relief
Section 84 of UL 817 describes the strain relief test required for
all extension cords. Section 84.2.1 specifies that cords with 18AWG or
larger conductors must withstand a 30-pound pull force on the
connection between the fitting and the cord. Section 84.2.2 of UL 817
specifies that a weight must be steadily suspended from the cord for 1
minute so that the cord is pulled directly from the fitting without the
cord pulling loose or stretching from the plug/load fitting. Sufficient
strain relief, as required in section 84 of UL 588, is a readily
observable characteristic of extension cords that can be determined by
suspending a 30-lb. weight from the plug and load fittings and
observing for conformance with section 84.2 of UL 817. 80 FR at 5705-
06.
3. Proper Polarization
Section 19 of UL 817 requires that all two-wire extension cords
must have polarized fittings. Sections 31 and 32 of UL 817 require that
all two-conductor outdoor extension cords must have polarized fittings
and that grounding fittings must be used on three-conductor cords.
General UL construction specifications on fittings (Section 9.3 of UL
817) require that polarized outlets must reject improper or reversed
insertion of polarized plugs to reduce the risk of shock. Proper
polarization, as required by sections 9, 19, 31, and 32 of UL 817, is a
readily observable characteristic of extension cords, which can be
observed by visually inspecting the plug for the polarized
configuration. 80 FR at 5706.
4. Proper Continuity
Section 16 of UL 817 requires that corresponding terminals of line
(plug) and load (outlet) fittings must be connected to the same
conductor of the cord. Section 105 of UL 817 prescribes testing
requirements for all manufactured extension cords so that the
conductors are connected to the intended terminals of the fittings, and
that electrical continuity exists throughout the entire length of the
conductor/contact assembly. The wires of an extension cord must form
continuous paths from one end to the other so that the cord can serve
its intended function. Each wire in the cord also must be properly
connected on each end so that, for example, the grounding pin of the
plug on a three-wire cord is connected to the grounding socket on the
outlet, and the energized blade on the plug is not wired to the non-
energized receptacle on the outlet. Proper continuity, as required by
sections 16 and 105 of UL 817, is a readily observable characteristic
of extension cords that can be visually observed using an inexpensive
and readily available battery-light continuity tester. 80 FR at 5705-
07.
5. Outlet Covers (2-Wire Indoor Extension Cords)
Section 26.7 of UL 817 requires that an indoor 2-wire parallel
extension cord with polarized parallel-blade and -slot fittings that
has more than one outlet must have covers for all the additional
outlets. Outlet covers on indoor 2-wire parallel extension cords with
polarized parallel-blade and -slot fittings, as required in section 26
of UL 817, are a readily observable characteristic of indoor extension
cords, which can be observed by visually inspecting additional outlets
for the presence of covers.
6. Jacketed Cords (Outdoor Extension Cords)
Section 30 of UL 817 requires that extension cords for outdoor use
be manufactured using jacketed flexible cord; that is, a cord
consisting of two or three insulated wires covered by an additional
flexible plastic or rubber jacket. Jacketed cord on outdoor extension
cords, as required in section 30 of UL 817, is a readily observable
characteristic of outdoor extension cords that can be observed by
visually inspecting for the presence of a jacketed cord.
B. Conformance to UL 817 Has Been Effective in Reducing the Risk of
Injury
Conformance to sections 2, 9, 16, 19, 20, 21, 26, 30, 31, 32, 84,
and 105 of UL 817, as summarized in Table 2 in section I.D of this
preamble, has been effective in reducing the risk of injury from shock
and fire associated with
[[Page 44267]]
extension cords. CPSC's incident data suggest that conformance to UL
817 has coincided with, and may have contributed to, a decline in the
risk of injury associated with extension cords. See Tab A of Staff's
Final Rule Briefing Package.
The preamble to the NPR reviewed the reported death and nonfatal
incident data from 1980 through 2013, which demonstrated a decline
during that period. 80 FR at 5708-09. Table 3 in section I.E.2 of this
preamble shows the annual average number of reported incidents for five
different periods for each of fatal incidents, deaths, and nonfatal
incidents. The 35-year period is broken up into five 7-year periods.
Reporting may not be complete for the most recent period because
sometimes, CPSC receives reports of incidents years after they have
occurred. Table 3 shows an overall decrease in the number of reported
fire and shock incidents associated with extension cords, including
fatal incidents, deaths, and nonfatal incidents, since the 1980s and
early 1990s.
C. Extension Cords Substantially Comply With UL 817
The Commission has not articulated a bright-line rule for
substantial compliance. Rather, in the rulemaking context, the
Commission has stated that the determination of substantial compliance
should be made on a case-by-case basis. Extension cord compliance with
UL 817 is ``substantial,'' as that term is used in section 15(j) of the
CPSA. The Commission estimates that a majority of extension cords,
likely in excess of 90 percent, sold for consumer use in the United
States, conforms to UL 817. See 80 FR at 5709-10. Since issuing the
NPR, CPSC has not received any information in the comments, or
otherwise, that would change the estimated level of compliance with UL
817.
IV. Description of the Final Rule
The rule regarding extension cords creates two new paragraphs in
part 1120: One defines the products covered by the rule and the other
states the characteristics that must be present for the products not to
present a substantial product hazard. Two minor clarifications have
been made in the final rule: (1) In Sec. 1120.3(d)(1), deletion of the
erroneous citation to section 31 of UL 817, and (2) in Sec.
1120.3(d)(6), replacement of the phrase ``jacketed insulated cord''
with ``jacketed cord.'' Neither clarification is intended to change the
scope or substance of the rule.
Definition. Section 1120.2(e) defines an ``extension cord,'' also
known as a ``cord set,'' as a length of factory-assembled flexible cord
with an attachment plug or current tap as a line fitting and with a
cord connector as a load fitting. Extension cords are used for
extending a branch circuit supply of an electrical outlet to the power-
supply cord of a portable appliance, in accordance with the National
Electrical Code.[supreg] As defined in the rule, the term applies to
extension cords that are equipped with National Electrical Manufacturer
Association (NEMA) 1-15, 5-15 and 5-20 fittings, and that are intended
for indoor use only, or for both indoor and outdoor use. The term
``extension cord'' does not include detachable power supply cords,
appliance cords, power strips and taps, and adaptor cords supplied with
outdoor tools and yard equipment.
This definition is adapted from descriptions of extension cords
defined in section 1 of UL 817. The rule includes indoor and outdoor
general-use extension cords that can be used with many different types
of electrical products. All in-scope products are covered by UL 817.
Excluded from the definition are detachable power supply and appliance
cords and adaptor cords supplied with outdoor tools and yard equipment
because these are specific-purpose cords, rather than general-use
cords. The products that are not covered by the rule are not subject to
UL 817, or they do not present the same risks of injury.
Substantial product hazard list. Section 1120.3(d) states that
extension cords that lack the identified characteristics in accordance
with the requirements specified in the relevant sections of UL 817
(sections 2, 9, 16, 19, 20, 21, 26, 30, 31, 32, 84, and 105) are deemed
a substantial product hazard under section 15(a)(2) of the CPSA:
Minimum wire size requirements in sections 2, 20, 21, and
30 of UL 817;
Sufficient strain relief requirements in sections 20, 30,
and 84 of UL 817;
Proper polarization requirements in sections 9, 19, 20,
30, 31, and 32 of UL 817;
Proper continuity requirements in sections 16, 20, 30, and
105 of UL 817;
Outlet cover requirement (for indoor 2-wire parallel
extension cords with polarized parallel-blade and -slot fittings) in
sections 20 and 26 of UL 817; or
Jacketed cord requirement (for outdoor use extension
cords) in section 30 of UL 817.
These characteristics and the UL 817 requirements are explained in
more detail in sections I.D (Table 2) and III.A of this preamble.
Standards incorporated by reference. At the request of the Office
of the Federal Register (``OFR''), the Commission made a formatting
change to part 1120 in the final rule for seasonal and decorative
lighting products, 80 FR 25216. This change created a new section,
1120.4, listing all of the incorporations by reference (``IBR'') for
products added to the substantial product hazard list. The IBR for
extension cords is included in a new Sec. 1120.4(c)(4).
Incorporation by reference. The OFR has regulations concerning
incorporation by reference. 1 CFR part 51. The OFR recently revised
these regulations to require that, for a final rule, agencies must
discuss, in the preamble of the rule, ways that the materials the
agency incorporates by reference are reasonably available to interested
persons and how interested parties can obtain the materials. In
addition, the preamble of the rule must summarize the material. 1 CFR
51.5(b).
In accordance with the OFR's requirements, Table 2 in section I.D
of this preamble summarizes the requirements of UL 817. Interested
persons may purchase a copy of UL 817 from UL, either through UL's Web
site, www.UL.com, or by mail at the address provided in the rule. A
copy of the standard also can be inspected at the CPSC's Office of the
Secretary, U.S. Consumer Product Safety Commission, or at NARA, as
provided in the rule.
V. Commission Determination That Extension Cords That Lack Any One of
Five Applicable Readily Observable Characteristics Present a
Substantial Product Hazard
To place a product (or class of products) on the list of
substantial product hazards pursuant to section 15(j) of the CPSA, the
Commission must determine that: (1) The characteristics involved are
``readily observable''; (2) the characteristics are addressed by a
voluntary standard; (3) the voluntary standard is effective in reducing
the risk of injury associated with the consumer products; and (4)
products are in substantial compliance with the voluntary standard.
Accordingly, based on the information provided in this rulemaking, for
extension cords, the Commission determines that:
Minimum wire size, sufficient strain relief, proper
polarization, proper continuity, outlet covers for 2-wire indoor
extension cords, and jacketed cords for outdoor extension cords, are
all readily observable characteristics of extension cords. Proper
polarization,
[[Page 44268]]
outlet covers, and jacketed cords are all visually observable
characteristics of an extension cord. Measurement of minimum wire size,
sufficient strain relief, and proper continuity can be readily
conducted and visually observed;
the identified readily observable safety characteristics
for extension cords are addressed in the following sections of a
voluntary standard, UL 817:
[cir] Minimum wire size--sections 2, 20, 21, and 30;
[cir] Sufficient strain relief--sections 20, 30, and 84;
[cir] Proper polarization--9, 19, 20, 30, 31, and 32;
[cir] Proper continuity--sections 16, 20, 30, and 105;
[cir] Outlet cover (for indoor 2-wire parallel extension cords with
polarized parallel-blade and -slot fittings)--sections 20 and 26;
[cir] Jacketed cord (for outdoor use extension cords)--section 30;
conformance to UL 817 has been effective in reducing the
risk of injury from shock and fire associated with extension cords. For
example, the annual average reported deaths associated with extension
cords from 1980 to 1986 was 47.7, and the annual average number of
reported non-fatal incidents during the same time period was 201. These
death and injury averages have declined over the years. In the most
recent 7-year period, from 2008 to 2014, the annual average number of
reported deaths fell to 17.6, and the annual average number of reported
nonfatal incidents fell to 65.7. Although decreasing numbers of death
and injury may be a result of several factors, conformance with UL 817
coincided with, and likely contributed to, the decline in deaths and
injuries associated with extension cords; and
extension cords sold in the United States substantially
comply with UL 817. We estimate that more than 90 percent of the
extension cords for sale in the United States comply with the readily
observable safety characteristics addressed in UL 817: Minimum wire
size, sufficient strain relief, proper polarization, proper continuity,
outlet covers for 2-wire indoor cords, and jacketed cords for outdoor
extension cords.
VI. Effect of the 15(j) Rule
Section 15(j) of the CPSA allows the Commission to issue a rule
specifying that a consumer product or class of consumer products has
characteristics whose presence or absence creates a substantial product
hazard. A rule under section 15(j) of the CPSA is not a consumer
product safety rule, and thus, does not create a mandatory standard
that triggers testing or certification requirements under section 14(a)
of the CPSA.
Although a rule issued under section 15(j) of the CPSA is not a
consumer product safety rule, placing a consumer product on the
substantial product hazard list in 16 CFR part 1120 has some
ramifications. A product that is or has a substantial product hazard is
subject to the reporting requirements of section 15(b) of the CPSA, 15
U.S.C. 2064(b). A manufacturer, importer, distributor, or retailer that
fails to report a substantial product hazard to the Commission is
subject to civil penalties under section 20 of the CPSA, 15 U.S.C.
2069, and possibly to criminal penalties under section 21 of the CPSA,
15 U.S.C. 2070.
A product that is or contains a substantial product hazard is also
subject to corrective action under sections 15(c) and (d) of the CPSA,
15 U.S.C. 2064(c) and (d). Thus, a rule issued under section 15(j) for
extension cords allows the Commission to order that a manufacturer,
importer, distributor, or retailer of extension cords that do not
contain one or more of the applicable readily observable
characteristics must offer to repair or replace the product, or refund
the purchase price to the consumer.
A product that is offered for import into the United States and is
or contains a substantial product hazard shall be refused admission
into the United States under section 17(a) of the CPSA, 15 U.S.C.
2066(a). Additionally, CBP has the authority to seize certain products
offered for import under the Tariff Act of 1930 (19 U.S.C. 1595a)
(``Tariff Act''), and to assess civil penalties that CBP, by law, is
authorized to impose. Section 1595a(c)(2)(A) of the Tariff Act states
that CBP may seize merchandise, and such merchandize may be forfeited
if: ``its importation or entry is subject to any restriction or
prohibition which is imposed by law relating to health, safety, or
conservation and the merchandise is not in compliance with the
applicable rule, regulation, or statute.''
VII. Regulatory Flexibility Act Analysis
The Regulatory Flexibility Act (``RFA'') requires that proposed and
final rules be reviewed for the potential economic impact on small
entities, including small businesses. 5 U.S.C. 601-612. In the preamble
to the proposed rule (80 FR at 5711-12) the Commission certified that
the rule will not have a significant economic impact on a substantial
number of small entities. The Commission received no comments on the
RFA analysis presented in the NPR, and we have not found any data that
would alter that analysis.
VIII. Environmental Considerations
Generally, the Commission's regulations are considered to have
little or no potential for affecting the human environment, and
environmental assessments and impact statements are not usually
required. See 16 CFR 1021.5(a). The final rule to deem extension cords
that do not contain one or more of five applicable readily observable
characteristics to be a substantial product hazard will not have an
adverse impact on the environment and is considered to fall within the
``categorical exclusion'' for purposes of the National Environmental
Policy Act. 16 CFR 1021.5(c).
IX. Paperwork Reduction Act
The rule does not require any stakeholder to create, maintain, or
disclose information. Thus, no paperwork burden is associated with this
final rule, and the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520) does not apply.
X. Preemption
A rule under section 15(j) of the CPSA does not establish a
consumer product safety rule. Accordingly, the preemption provisions in
section 26(a) of the CPSA, 15 U.S.C. 2075(a), do not apply to this
rule.
XI. Effective Date
The preamble to the proposed rule stated that a final rule deeming
that extension cords that do not conform to the specified sections of
UL 817 regarding minimum wire size, sufficient strain relief, proper
polarization, proper continuity, outlet covers (for 2-wire indoor
extension cords), and jacketed cord (for outdoor extension cords), are
a substantial product hazard be effective 30 days after publication of
a final rule in the Federal Register. We received no comments on the
effective date. Accordingly, the final rule will apply to extension
cords imported or introduced into commerce on August 26, 2015.
List of Subjects in 16 CFR Part 1120
Administrative practice and procedure, Clothing, Consumer
protection, Cord sets, Extension cords, Household appliances, Imports,
Incorporation by reference, Infants and children, Lighting.
For the reasons stated above, and under the authority of 15 U.S.C.
2064(j), 5 U.S.C. 553, and section 3 of Public Law 110-314, 122 Stat.
3016 (August
[[Page 44269]]
14, 2008), the Consumer Product Safety Commission amends 16 CFR part
1120 to read as follows:
PART 1120--SUBSTANTIAL PRODUCT HAZARD LIST
0
1. The authority citation for part 1120 continues to read as follows:
Authority: 15 U.S.C. 2064(j).
0
2. In Sec. 1120.2, add paragraph (e) to read as follows:
Sec. 1120.2 Definitions.
* * * * *
(e) Extension cord (also known as a cord set) means a length of
factory-assembled flexible cord with an attachment plug or current tap
as a line fitting and with a cord connector as a load fitting.
Extension cords are used for extending a branch circuit supply of an
electrical outlet to the power-supply cord of a portable appliance, in
accordance with the National Electrical Code.[supreg] For purposes of
this rule, the term applies to extension cords that are equipped with
National Electrical Manufacturer Association (``NEMA'') 1-15, 5-15 and
5-20 fittings, and that are intended for indoor use only, or for both
indoor and outdoor use. The term ``extension cord'' does not include
detachable power supply cords, appliance cords, power strips and taps,
and adaptor cords supplied with outdoor tools and yard equipment.
0
3. In Sec. 1120.3, add paragraph (d) to read as follows:
Sec. 1120.3 Products deemed to be substantial product hazards.
* * * * *
(d) Extension cords that lack one or more of the following
specified characteristics in conformance with requirements in sections
2, 9, 16, 19, 20, 21, 26, 30, 31, 32, 84, and 105 of UL 817
(incorporated by reference, see Sec. 1120.4):
(1) Minimum wire size requirement in sections 2, 20, 21, and 30 of
UL 817;
(2) Sufficient strain relief requirement in sections 20, 30, and 84
of UL 817;
(3) Proper polarization requirement in sections 9, 19, 20, 30, 31,
and 32 of UL 817;
(4) Proper continuity requirement in sections 16, 20, 30, and 105
of UL 817;
(5) Outlet cover requirement (for indoor 2-wire parallel extension
cords with polarized parallel-blade and -slot fittings) in sections 20
and 26 of UL 817; or
(6) Jacketed cord requirement (for outdoor use extension cords) in
section 30 of UL 817.
0
4. In Sec. 1120.4, add paragraph (c)(4) to read as follows:
Sec. 1120.4 Standards incorporated by reference.
* * * * *
(c) * * *
(4) UL 817, Standard for Cord Sets and Power-Supply Cords, 11th
Edition, dated March 16, 2001, as revised through February 3, 2014
(``UL 817''), IBR approved for Sec. 1120.3(d).
Dated: July 22, 2015.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2015-18294 Filed 7-24-15; 8:45 am]
BILLING CODE 6355-01-P
