[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: 16CFR1061.12]

[Page 141-142]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1061--APPLICATIONS FOR EXEMPTION FROM PREEMPTION--Table of Contents
 
Sec. 1061.12  Commission consideration on merits.

    (a) If the Commission proposes to grant an application for exemption 
it will, in accordance with 5 U.S.C. 553, publish a notice of that fact 
in the Federal Register, including a proposed exemption regulation, and 
provide an opportunity for written and oral comments on the proposed 
exemption by any interested party.
    (b) The Commission will evaluate all timely written and oral 
submissions received from interested parties, as well as any other 
available and relevant information on the proposal.
    (c) The Commission's evaluation will focus on:
    (1) Whether the State or local requirement provides a significantly 
higher degree of protection than the Commission statute or regulation 
from the risk of injury or illness that they both address.

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    (2) Whether the State or local requirement would unduly burden 
interstate commerce if the grant of the exemption from preemption allows 
it to go into effect. The Commission will evaluate these factors in 
accordance with the Commission's statutory preemption provisions and 
their legislative history.
    (3) Whether compliance with the State or local requirements would 
not cause the product to be in violation of the applicable Commission 
statute, standard, or regulation.
    (d) If, after evaluating the record, the Commission determines to 
grant an exemption, it will publish a final exemption regulation, 
including the findings required by the statutory preemption provisions, 
in the Federal Register.
    (e) If the Commission denies an application, whether or not 
published for comment, it will publish its reasons for doing so in the 
Federal Register.

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