[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: 16CFR1061.4]

[Page 138]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1061_APPLICATIONS FOR EXEMPTION FROM PREEMPTION--Table of Contents
 
Sec.  1061.4  Threshold requirements for applications for exemption.

    (a) The Commission will consider an application for preemption on 
its merits, only if the application demonstrates all of the following:
    (1) The State or local requirement has been enacted or issued in 
final form by an authorized official or instrumentality of the State or 
local government. For purposes of this section, a State or local 
requirement may be considered to have been enacted or issued in final 
form even though it is preempted by a Commission standard or regulation.
    (2) The applicant is an official or instrumentality of a State or 
local government having authority to act for, or on behalf of, that 
government in applying for an exemption from preemption for the safety 
requirement referred to in the application.
    (3) The State or local requirement is preempted under a Commission 
statutory preemption provision by a Commission statute, standard, or 
regulation. A State or local requirement is preempted if the following 
tests are met:
    (i) There is a Commission statute, standard, or regulation in effect 
that is applicable to the product covered by the State or local 
requirement.
    (ii) The Commission statute, standard, or regulation is designated 
as having a preemptive effect under a statutory preemption provision.
    (iii) The State or local requirement is designed to protect against 
the same risk of injury or illness as that addressed by the Commission 
statute, standard, or regulation.
    (iv) The State or local requirement is not identical to the 
Commission statute, standard, or regulation.
    (b) State and local governments may contact the Commission's Office 
of the General Counsel to obtain informal advice on whether a State or 
local requirement meets the threshold requirements of paragraph (a) of 
this section.