[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: 16CFR1051.5]

[Page 134-135]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1051--PROCEDURE FOR PETITIONING FOR RULEMAKING--Table of Contents
 
Sec. 1051.5  Requirements and recommendations for petitions.

    (a) Requirements. To be considered a petition under this part, any 
request to issue, amend or revoke a rule shall meet the requirements of 
this paragraph (a). A petition shall:
    (1) Be written in the English language;
    (2) Contain the name and address of the petitioner;
    (3) Indicate the product (or products) regulated under the Consumer 
Product Safety Act or other statute the Commission administers for which 
a rule is sought or for which there is an existing rule sought to be 
modified or revoked. (If the petition regards a procedural or other rule 
not involving a specific product, the type of rule involved must be 
indicated.)
    (4) Set forth facts which establish the claim that the issuance, 
amendment, or revocation of the rule is necessary (for example, such 
facts may include personal experience; medical, engineering or injury 
data; or a research study); and
    (5) Contain an explicit request to initiate Commission rulemaking 
and set forth a brief description of the substance of the proposed rule 
or amendment or revocation thereof which it is claimed should be issued 
by the Commission. (A general request for regulatory action which does 
not reasonably specify the type of action requested shall not be 
sufficient for purposes of this subsection.)
    (b) Recommendations. The Commission encourages the submission of as 
much information as possible related to the petition. Thus, to assist 
the Commission in its evaluation of a petition, to

[[Page 135]]

the extent the information is known and available to the petitioner, the 
petitioner is encouraged to supply the following information or any 
other information relating to the petition. The petition will be 
considered by the Commission even if the petitioner is unable to supply 
the information recommended in this paragraph (b). However, as 
applicable, and to the extent possible, the petitioner is encouraged to:
    (1) Describe the specific risk(s) of injury to which the petition is 
addressed, including the degree (severity) and the nature of the risk(s) 
of injury associated with the product and possible reasons for the 
existence of the risk of injury (for example, product defect, poor 
design, faulty workmanship, or intentional or unintentional misuse);
    (2) State why a consumer product safety standard would not be 
feasible if the petition requests the issuance of a rule declaring the 
product to be a banned hazardous product; and
    (3) Supply or reference any known documentation, engineering 
studies, technical studies, reports of injuries, medical findings, legal 
analyses, economic analyses and environmental impact analyses relating 
to the petition.
    (c) Procedural recommendations. The following are procedural 
recommendations to help the Commission in its consideration of 
petitions. The Commission requests, but does not require, that a 
petition filed under this part:
    (1) Be typewritten,
    (2) Include the word ``petition'' in a heading preceding the text,
    (3) Specify what section of the statute administered by the 
Commission authorizes the requested rulemaking,
    (4) Include the telephone number of the petitioner, and
    (5) Be accompanied by at least five (5) copies of the petition.