[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: 16CFR1051.9]

[Page 135]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1051_PROCEDURE FOR PETITIONING FOR RULEMAKING--Table of Contents
 
Sec.  1051.9  Factors the Commission considers in granting or denying 
petitions.

    (a) The major factors the Commission considers in deciding whether 
to grant or deny a petition regarding a product include the following 
items:
    (1) Whether the product involved presents an unreasonable risk of 
injury.
    (2) Whether a rule is reasonably necessary to eliminate or reduce 
the risk of injury.
    (3) Whether failure of the Commission to initiate the rulemaking 
proceeding requested would unreasonably expose the petitioner or other 
consumers to the risk of injury which the petitioner alleges is 
presented by the product.
    (4) Whether, in the case of a petition to declare a consumer product 
a ``banned hazardous product'' under section 8 of the CPSA, the product 
is being or will be distributed in commerce and whether a feasible 
consumer product safety standard would adequately protect the public 
from the unreasonable risk of injury associated with such product.
    (b) In considering these factors, the Commission will treat as an 
important component of each one the relative priority of the risk of 
injury associated with the product about which the petition has been 
filed and the Commission's resources available for rulemaking activities 
with respect to that risk of injury. The CPSC Policy on Establishing 
Priorities for Commission Action, 16 CFR 1009.8, sets forth the criteria 
upon which Commission priorities are based.