[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1031.4]

[Page 119-120]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1031_COMMISSION PARTICIPATION AND COMMISSION EMPLOYEE INVOLVEMENT 
IN VOLUNTARY STANDARDS ACTIVITIES--Table of Contents
 
                       Subpart A_General Policies
 
Sec.  1031.4  Effect of voluntary standards activities on Commission 
activities.

    (a)(1) The Commission, in determining whether to begin proceedings 
to develop mandatory standards under the acts it administers, considers 
whether mandatory regulation is necessary or whether there is an 
existing voluntary standard that adequately addresses the problem and 
the extent to which that voluntary standard is complied with by the 
affected industry.
    (2) The Commission acknowledges that there are situations in which 
adequate voluntary standards, in combination with appropriate 
certification programs, may be appropriate to support a conclusion that 
a mandatory standard is not necessary. The Commission may find that a 
mandatory standard is not necessary where compliance with an existing 
voluntary standard would

[[Page 120]]

eliminate or adequately reduce the risk of injury associated with the 
product, contains requirements and test methods that have been evaluated 
and found acceptable by the Commission, and it is likely that there will 
be substantial and timely compliance with the voluntary standard. Under 
such circumstances, the Commission may agree to encourage industry 
compliance with the voluntary standard and subsequently evaluate the 
effectiveness of the standard in terms of accident and injury reduction 
for products produced in compliance with the standard.
    (3) In evaluating voluntary standards, the Commission will relate 
the requirements of the standard to the identified risks of injury and 
evaluate the requirements in terms of their effectiveness in eliminating 
or reducing the risks of injury. The evaluation of voluntary standards 
will be conducted by Commission staff members, including representatives 
of legal, economics, engineering, epidemiological, health sciences, 
human factors, other appropriate interests, and the Voluntary Standards 
Coordinator. The staff evaluation will be conducted in a manner similar 
to evaluations of standards being considered for promulgation as 
mandatory standards.
    (4) In the event that the Commission has evaluated an existing 
voluntary standard and found it to be adequate in all but a few areas, 
the Commission may defer the initiation of a mandatory rulemaking 
proceeding and request the voluntary standards organization to revise 
the standard to address the identified inadequacies expeditiously.
    (b) In the event the Commission determines that there is no existing 
voluntary standard that will eliminate or adequately reduce a risk of 
injury the Commission may commence a proceeding for the development of a 
consumer product safety rule or a regulation in accordance with section 
9 of the Consumer Product Safety Act, 15 U.S.C. 2058, section 3(f) of 
the Federal Hazardous Substances Act, 15 U.S.C. 1262(f), or section 4(a) 
of the Flammable Fabrics Act, 15 U.S.C. 1193(g), as may be applicable. 
In commencing such a proceeding, the Commission will publish an advance 
notice of proposed rulemaking which shall, among other things, invite 
any person to submit to the Commission an existing standard or portion 
of an existing standard, or to submit a statement of intention to modify 
or develop, within a reasonable period of time, a voluntary standard to 
address the risk of injury.
    (c) The Commission will consider those provisions of a voluntary 
standard that have been reviewed, evaluated, and deemed to be adequate 
in addressing the specified risks of injury when initiating a mandatory 
consumer product safety rule or regulation under the Consumer Product 
Safety Act, the Federal Hazardous Substances Act, or the Flammable 
Fabrics Act, as may be applicable. Comments will be requested in the 
advance notice of proposed rulemaking on the adequacy of such voluntary 
standard provisions.