[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1051.2]

[Page 134]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1051--PROCEDURE FOR PETITIONING FOR RULEMAKING--Table of Contents
 
Sec. 1051.2  General.

    (a) Any person may file with the Commission a petition requesting 
the Commission to begin a proceeding to issue, amend or revoke a 
regulation under any of the statutes it administers.
    (b) A petition which addresses a risk of injury associated with a 
product which could be eliminated or reduced to a sufficient extent by 
action taken under the Federal Hazardous Substances Act, the Poison 
Prevention Packaging Act of 1970, or the Flammable Fabrics Act may be 
considered by the Commission under those Acts. However, if the 
Commission finds by rule, in accordance with section 30(d) of the CPSA, 
as amended by Public Law 94-284, that it is in the public interest to 
regulate such risk of injury under the CPSA, it may do so. Upon 
determination by the Office of the General Counsel that a petition 
should be considered under one of these acts rather than the CPSA, the 
Office of the Secretary shall docket and process the petition under the 
appropriate act and inform the petitioner of this determination. Such 
docketing, however, shall not preclude the Commission from proceeding to 
regulate the product under the CPSA after making the necessary findings.