[Federal Register Volume 71, Number 164 (Thursday, August 24, 2006)]
[Proposed Rules]
[Pages 50003-50007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7069]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 /
Proposed Rules
[[Page 50003]]
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1407
Portable Generators; Notice of Proposed Rulemaking; Proposed
Labeling Requirements; Request for Comments and Information
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: In this document the Consumer Product Safety Commission
(Commission or CPSC) proposes to require manufacturers to label
portable generators with performance and technical data related to
performance and safety. The warning label would inform purchasers that:
``Using a generator indoors will kill you in minutes;'' ``Exhaust
contains carbon monoxide, a poison gas you cannot see or smell;''
``Never use in the home or in partly enclosed areas such as garages;''
``Only use outdoors and far from open windows, doors, and vents.'' The
warning label will also include pictograms. The Commission believes
that providing this labeling information will help reduce risks to
consumers. The Commission invites public comment on this proposal.\1\
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\1\ Acting Chairman Nancy A. Nord and Commissioner Thomas H.
Moore each filed a statement. The statements are available from the
Office of the Secretary or on the Commission's Web site at http://www.cpsc.gov.
DATES: Written comments in response to this notice must be received by
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November 7, 2006.
ADDRESSES: Comments should be e-mailed to [email protected], and should
be captioned ``PORTABLE GENERATOR NPR.'' Comments may also be mailed,
preferably in five copies, to the Office of the Secretary, Consumer
Product Safety Commission, Room 502, 4330 East-West Highway, Bethesda,
MD 20814, or delivered to the same address (telephone (301) 504-0800).
Comments also may be filed by facsimile to (301) 504-0127.
FOR FURTHER INFORMATION CONTACT: Janet L. Buyer, Project Manager,
Directorate for Engineering Sciences, Consumer Product Safety
Commission, 4330 East-West Highway, Bethesda, MD; telephone (301) 504-
7542 or e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
A. Background
The total yearly estimated non-fire related carbon monoxide (CO)
deaths for each of the years 1999 through 2002 are 109, 138, 130 and
188, respectively. Since 1999, the percentage of estimated CO poisoning
deaths specifically associated with generators has been increasing
annually. In 1999, generators were associated with 7 (6%) of the total
yearly estimated CO poisoning deaths for that year. In 2000, 2001 and
2002, they were associated with 19 (14%), 22 (17%) and 46 (24%) deaths
out of the total estimates for each of those years.
On October 12, 2005, Commission Chairman Hal Stratton sent a
memorandum to the Executive Director directing the staff to undertake a
thorough review of the status of portable generator safety. As part of
this review, Chairman Stratton requested that the staff address the
sufficiency of warning labels to address the CO poisoning hazard posed
by portable generators that are used within or near residences.
B. The Product
Portable generators offer a portable means of providing electrical
power to a location that either temporarily lacks it or is not provided
with electrical service at all. A portable generator has an internal
combustion engine to produce rotational energy, which is used to
generate electricity. The engine may be fueled by gasoline, diesel,
natural gas, or liquid propane. It is the engine that is the source of
carbon monoxide.
Estimates of sales of portable generators for consumer use vary,
but could be more than a million units annually. The most popular of
these generators are gasoline-powered and are priced in the $500 to
$800 range. The output of the majority of light duty generators sold to
consumers in 2005 was in the 3.5 kW to 6.5 kW range. This is the size
of most of the units involved in the fatal CO poisoning incidents CPSC
staff investigated in which the rating of the involved generator was
identified.
C. Relevant Statutory Provisions
Section 27(e) of the Consumer Product Safety Act (CPSA) authorizes
the Commission, by rule, to ``require any manufacturer of consumer
products to provide the Commission with such performance and technical
data related to performance and safety as may be required to carry out
the purposes of this Act, and to give such notification of such
performance and technical data at the time of original purchase to
prospective purchasers and to the first purchaser of such product for
purposes other than resale, as it determines necessary to carry out the
purposes of this Act.'' As provided in section 2(b)(1) of the Consumer
Product Safety Act (15 U.S.C. 2051(b)(1)), one purpose of the CPSA is
``to protect the public against unreasonable risks of injury associated
with consumer products.''
D. Development of Proposed Rule
In 2002, CPSC staff assessed the effectiveness of current CO
poisoning warnings found on the product and within the owner's manuals
of several models of portable generators found on store shelves. Staff
found that the guidance provided for avoiding the hazard was typically
twofold: (1) Do not use in a confined or enclosed space, and (2)
provide proper ventilation. None of the evaluated warnings defined
``confined or enclosed space'' or ``proper ventilation.''
The Commission believes these ambiguous instructions and warnings
do not adequately advise the user how to avoid the CO poisoning hazard.
Furthermore, the incident data includes fatalities where it appears
that the victims attempted to provide adequate ventilation, to open
confined areas, or to do both by, for example, opening doors, opening
windows, and running exhaust fans. Prior research has shown that tools
with gasoline-powered engines produce CO that ``can rapidly accumulate,
even in areas that appear to be well-ventilated, resulting in dangerous
and fatal concentrations within minutes.'' \2\ Thus, evidence suggests
that the methods consumers typically use to
[[Page 50004]]
provide ventilation or to open confined areas are insufficient to
prevent hazardous levels of CO buildup. Even locating a generator
outdoors can be insufficient if the generator is near enough to
openings to the home or other occupied structure to allow CO to
permeate and subsequently accumulate indoors. CPSC is aware of at least
five deaths that occurred when the generator was situated outdoors but
near openings to the home. In addition, the Centers for Disease Control
and Prevention recently reported the results of a study of post-
hurricane related generator use in 2005 that found up to 50 percent of
non-fatal CO poisoning incidents involved generators operated outdoors
but within one to seven feet from the home.\3\
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\2\ Earnest, G.S., Carbon Monoxide Poisonings from Small,
Gasoline-Powered, Internal Combustion Engines: Just What is a
``Well-Ventilated Area''?, American Industrial Hygiene Association
Journal, November 1997.
\3\ CDC, Carbon Monoxide Poisoning After Two Major Hurricanes--
Alabama and Texas, August-October 2005, MMWR March 10, 2006; 55(09);
236-239.
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The staff believes that there are too many unknown variables to be
able to recommend one single safe distance for the location of a
portable generator relative to a home or dwelling. Variables such as
the wind speed and direction relative to openings to indoor spaces,
relative proximity of other structures in the area that could create
wind vortices, direction in which the engine exhaust is pointing, and a
multitude of other factors complicate attempts to define a safe
distance. Notwithstanding the issue of defining a safe operating
distance, the staff believes that warning labels must instruct
consumers to keep generators outdoors and away from air intakes during
use.
In 2003, the staff developed recommended warning language for
engine-driven tools, with particular focus on portable generators, as a
follow-up to the staff's assessment of the inadequacy of current
warnings. This was later provided to the Underwriters Laboratories (UL)
voluntary standard development committee. In February 2006, staff
developed a further refined warning label for portable generators and
presented it to UL in response to their request for CPSC staff comments
on a proposed UL Outline of Investigation. UL incorporated staff's
proposed warning label into their Outline of Investigation, which
became effective April 2006 and serves as the requirements with which a
product must conform in order to be eligible to bear the UL mark. This
document is not a consensus standard. The Commission believes the
proposed rule is needed to ensure that all products will bear the
proposed warning label as opposed to only those that seek UL's mark.
E. Description of the Proposal
The proposed warning label appears at fig. 1 (and fig. 3 for the
on-package label). The warning label provides technical data, i.e., it
indicates the presence of carbon monoxide in the portable generator
exhaust and informs that carbon monoxide is a gas you cannot see or
smell. The label uses the phrase ``you cannot see or smell'' rather
than terms such as ``odorless'' and ``colorless,'' because the latter
terminology may be less familiar and understandable to some consumers.
The label also includes statements which connect the technical data
with safety concerns. Specifically, the label warns: ``Using a
generator indoors WILL KILL YOU IN MINUTES.'' The phrase ``in minutes''
is intended to emphasize the imminence of the carbon monoxide poisoning
hazard to provide consumers with a better understanding of the speed
with which incapacitation can occur. In addition, research indicates
that information about hazard scenarios affects consumers' risk
judgments. Thus, the label includes a description not just of the
hazard, carbon monoxide, but of the primary hazard scenario associated
with CO-poisoning deaths, i.e., using a generator indoors. The label
also warns, ``NEVER use in the home or in partly enclosed areas such as
garages.'' The label warns specifically against use in the home and in
garages, since these are known places in which consumers use
generators. Furthermore, the use of a more wide-reaching phrase,
``partly enclosed,'' is intended to broaden the perceived range of
potentially dangerous areas in which to operate a generator, since this
range does include partly enclosed areas. The label includes
prescriptive advice to ``ONLY use outdoors and far from open windows,
doors, and vents,'' so consumers can know what positive action they can
take to avoid the hazard, rather than focusing exclusively on
prohibited behaviors, or what consumers should not do. This is
consistent with the requirements of ANSI Z535.4-2002, which is the
primary U.S. voluntary consensus standard on product safety signs and
labels, and with warning design guidelines in general. The accompanying
pictograms are based on the pictograms developed by the Underwriters
Laboratories Standards Technical Panel. Research shows that labels with
pictograms tend to capture a consumer's attention more readily than a
label without pictograms.
F. Unreasonable Risk of Injury
Portable generators are powered by gasoline, diesel, or propane
engines and exhaust CO. If the generator is used in enclosed or even
partially enclosed spaces, the CO can very quickly build to hazardous
levels. Serious injury can also result when the generator is placed
outdoors but near an open window or vent and the exhaust is pulled into
a house. In the 6-year period from 2000 through 2005, CPSC staff is
aware of at least 222 deaths related to CO poisoning associated with
generators.\4\ Non-fatal CO injuries can have serious consequences
since permanent brain or neurological damage can result.
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\4\ Natalie E. Marcy and Debra S. Ascone, ``Incidents, Deaths
and In-Depth Investigations Associated with Carbon Monoxide from
Engine-Driven Generators and other Engine-Driven Tools, 1990-2004,''
CPSC Memorandum to Janet Buyer, Directorate for Engineering
Sciences, U.S. Consumer Product Safety Commission, Washington, DC (1
December 2005) and Robin L. Ingle, ``Non-fire Carbon Monoxide
Fatalities Associated with Engine-Driven Generators and Other Engine
Driven Tools in 2004 and 2005,'' CPSC Memorandum to Janet Buyer,
Directorate for Engineering Sciences, U.S. Consumer Product Safety
Commission, Washington, DC (3 January 2006).
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A well-designed warning label could inform the consumer of the CO
hazard associated with generators and how to avoid the hazard while
using the generator. A label placed in a prominent position on the
generator could reinforce this information each time the consumer used
the generator. For example, the proposed label reminds the consumer
that generator exhaust contains CO, which cannot be seen or smelled,
and can quickly kill. The label also clarifies that a generator should
only be used outside and away from windows and vents and should not be
used in partly enclosed spaces such as garages. This information is
important since some consumers have apparently been aware that a CO
hazard was associated with generators, but believed that they would
avoid the hazard by running the generator in a garage with the door
open or outside the house, but did not understand that it was necessary
to place it away from open windows and vents.\5\ The costs of a warning
label include the one-time cost of designing the label and the
continuing costs of printing and applying the labels to the generators
and packages. These costs are expected to be low--less than one dollar
per generator. The Commission therefore preliminarily concludes that
there is an unreasonable risk of injury associated with portable
generators and
[[Page 50005]]
that providing the information required by the proposed rule will help
reduce the rising CO death toll associated with consumer use of
portable generators.
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\5\ Timothy P. Smith, ``Human Factors Assessment for the Small
Engine-Driven Tools Project,'' CPSC Memorandum to Janet L. Buyer,
U.S. Consumer Product Safety Commission, Washington, DC (18 June
2002).
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G. Environmental Considerations
Labeling requirements are not expected to have an adverse impact on
the environment and are considered to be ``categorical exclusions'' for
the purposes of the National Environmental Policy Act according to the
CPSC regulations that cover its ``environmental review'' procedures (16
CFR part 1021.5(c)(2)).
H. Impact on Small Business
CPSC staff has identified more than 40 suppliers of generators to
the U.S. consumer market. Although a few large firms dominate the
market, a number of these suppliers are likely to be small businesses.
The small businesses include firms that import generators from foreign
manufacturers as well as equipment assemblers, which assemble generator
sets from purchased components. The small manufacturers will be
responsible for ensuring that their generators are properly labeled.
However, the labeling requirement is not expected to pose a significant
burden to small business because the cost of adding the labels per
generator is expected to be less than a dollar per generator set.
I. Effective Date
The proposed effective date of Part 1407, which requires labeling
for portable generators, is 90 days from issuance of any final
regulation in the Federal Register. The labeling requirement would
apply to all portable generators imported or introduced into commerce
after the 89th day following publication of any final regulation in the
Federal Register.
J. Request for Information and Comments
Interested persons are invited to submit comments regarding this
proposal. The Commission specifically seeks comments on whether the
proposed new warning label should be required or permitted to appear in
a second language. If such dual language labeling is required or
permitted, the Commission seeks further comments on the most effective
manner to implement the second language warning. Comments should be e-
mailed to [email protected] and should be captioned ``PORTABLE GENERATOR
NPR.'' Comments may also be mailed, preferably in five copies, to the
Office of the Secretary, Consumer Product Safety Commission, Room 502,
4330 East-West Highway, Bethesda, MD 20814, or delivered to the same
address (telephone (301) 504-0800). Comments also may be filed by
telefacsimile to (301) 504-0127. All comments and submissions should be
received no later than November 7, 2006.
K. Conclusion and Proposal
On the basis of the information discussed above, the Commission
preliminarily finds that there is an unreasonable risk of injury
associated with portable generators, and concludes that a requirement
for a carbon monoxide identification and warning statement on portable
generators is necessary to help protect the public against the risk of
CO poisoning associated with such products.
Therefore, under provision of the Consumer Product Safety Act
(section 27(e), 86 Stat. 1227-9, as amended; 15 U.S.C. 2076(e)), the
Commission proposes that Title 16, Chapter II, be amended by adding to
Subchapter B the following new Part 1407:
List of Subjects in 16 CFR Part 1407
Consumer protection, labeling.
PART 1407--PORTABLE GENERATORS: REQUIREMENTS TO PROVIDE PERFORMANCE
AND TECHNICAL DATA BY LABELING
Sec.
1407.1 Purpose, Scope, and Effective Date.
1407.2 Definitions.
1407.3 Providing performance and technical data to purchasers by
labeling.
Authority: 15 U.S.C. 2076(e).
Sec. 1407.1 Purpose, Scope, and Effective Date.
This part 1407 establishes requirements under section 27(e) of the
Consumer Product Safety Act (15 U.S.C. 2076(e)) for manufacturers to
provide consumers with a specified notification concerning the carbon
monoxide poisoning hazard associated with the use of portable
generators. The notification is intended to provide consumers with
technical and performance information related to the safety of portable
generators. This part becomes effective [90 DAYS FROM ISSUANCE OF FINAL
RULE].
Sec. 1407.2 Definitions.
(a) The definitions in section 3 of the Consumer Product Safety Act
(15 U.S.C. 2052) apply to this part 1407.
(b) A portable generator is an internal combustion engine-driven
electric generator, which is intended to be moved for temporary use at
a location where utility-supplied electric power is not available. It
has receptacle outlets for the alternating-current output circuits and
may also have a direct current (DC) battery charging outlet.
Sec. 1407.3 Providing performance and technical data to purchasers by
labeling.
(a) Notice to purchasers. Manufacturers of portable generators
shall give notification of performance and technical data related to
performance and safety to prospective purchasers of such products at
the time of original purchase and to the first purchaser of such
product for purposes other than resale, in the manner set forth below.
(1) On-product label. The CO poisoning hazard label shown in fig. 1
shall be used on the product. A different representation of the
generator may be substituted for accuracy if consumers are more likely
to recognize the substituted representation as the generator to which
this label is affixed.
(i) The signal word ``DANGER'' shall be in letters not less than
0.15 inch (3.8 mm) high. The remaining text shall be in type whose
uppercase letters are not less than 0.1 inch (2.5 mm) high.
(ii) The signal word ``DANGER'' shall appear in white letters on a
safety red background. The safety alert symbol shown in fig. 2 shall
appear immediately before and next to the signal word and be no smaller
than the height of the signal word with the base of the triangle on the
same horizontal line as the base of the signal word. The solid portion
of the triangle (within the lines of the triangle, around the
exclamation mark) shall be white and the exclamation mark shall be
safety red. The prohibition ``X''s shall be safety red.
(iii) The on-product hazard label shown in fig. 1 shall be located:
(A) On a part of the portable generator that, if removed, would
impair the operation of the generator assembly, and
(B) On a location that is prominent and conspicuous to an operator
while performing at least two of the following actions: filling the
fuel tank, accessing the receptacle panel, and starting the engine.
(iv) The on-product hazard label shown in fig. 1 shall be designed
to remain permanently affixed, intact, legible, and largely unfaded in
the environment in which the product is expected to be operated and
stored over the life of the product.
(2) Carbon monoxide poisoning hazard label for package. The CO
poisoning hazard label shown in fig. 3 shall be affixed to the
principal display panel(s) of the package, as well as the surface
containing the top flaps of the package. The principal display panel(s)
[[Page 50006]]
of the package is the portion(s) of the outer packaging that is
designed to be most prominently displayed, shown, presented, or
examined under conditions of retail sale. Any panel of the package that
includes text in a language other than English shall also include a CO
poisoning hazard label in that language. Alternate-language versions of
this label may also appear on the top flaps of the package as long as
they are physically separate from one another. A different
representation of the generator may be substituted for accuracy if
consumers are more likely to recognize the substituted representation
as the generator contained within the packaging.
(i) The signal word ``DANGER'' shall be in letters not less than
0.15 inch (3.8 mm) high. The remaining text shall be in type whose
uppercase letters are not less than 0.1 inch (2.5 mm) high.
(ii) The signal word ``DANGER'' shall appear in white letters on a
safety red background. The safety alert symbol shown in fig. 2 shall
appear immediately before and next to the signal word and be no smaller
than the height of the signal word with the base of the triangle on the
same horizontal line as the base of the signal word. The solid portion
of the triangle (within the lines of the triangle, around the
exclamation mark) shall be white and the exclamation mark shall be
safety red. The prohibition ``X''s shall be safety red.
[GRAPHIC] [TIFF OMITTED] TP24AU06.022
[GRAPHIC] [TIFF OMITTED] TP24AU06.023
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[GRAPHIC] [TIFF OMITTED] TP24AU06.024
Dated: August 17, 2006.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 06-7069 Filed 8-23-06; 8:45 am]
BILLING CODE 6355-01-P