[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1061.8]

[Page 140]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1061--APPLICATIONS FOR EXEMPTION FROM PREEMPTION--Table of Contents
 
Sec.  1061.8  Information on the heightened degree of protection afforded.

    An application for an exemption from preemption shall also contain 
information demonstrating that the State or local requirement provides a 
significantly higher degree of protection from the risk of injury or 
illness than the preempting Commission statute, standard, or regulation. 
More specifically, an application shall contain:
    (a) A description of the risk of injury or illness addressed by the 
State or local requirement.
    (b) A detailed explanation of the State or local requirement and its 
rationale.
    (c) An analysis of differences between the State or local 
requirement and the Commission statute, standard, or regulation.
    (d) A detailed explanation of the State or local test method and its 
rationale.
    (e) Information comparing available test results for the Commission 
statute, standard, or regulation and the State or local requirement.
    (f) Information to show hazard reduction as a result of the State or 
local requirement, including injury data and results of accident 
simulation.
    (g) Any other information that is relevant to applicant's contention 
that the State or local requirement provides a significantly higher 
degree of protection than does the Commission statute, standard, or 
regulation.
    (h) Information regarding enforcement of the State or local 
requirement and sanctions that could be imposed for noncompliance.