[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: 16CFR1061.9]

[Page 139-140]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1061_APPLICATIONS FOR EXEMPTION FROM PREEMPTION--Table of Contents
 
Sec.  1061.9  Information about the effect on interstate commerce.

    An application for exemption from preemption shall provide 
information on the effect on interstate commerce a granting of the 
requested exemption would be expected to cause, including the extent of 
the burden and the benefit to public health and safety that would be 
provided by the State or local requirement. More specifically, 
applications for exemption shall include, where available, information 
showing:

[[Page 140]]

    (a) That it is technologically feasible to comply with the State or 
local requirement. Evidence of technological feasibility could take the 
form of:
    (1) Statements by affected persons indicating ability to comply with 
the State or local government requirement.
    (2) Statements indicating that other jurisdictions have established 
similar requirements that have been, or could be, met by persons 
affected by the requirement that is the subject of the application.
    (3) Information as to technological product or process modifications 
necessary to achieve compliance with the State or local requirement.
    (4) Any other information indicating the technological feasibility 
of compliance with the State or local requirement.
    (b) That it is economically feasible to comply with the State or 
local requirement, i.e., that there would not be significant adverse 
effects on the production and distribution of the regulated products. 
Evidence of economic feasibility could take the form of:
    (1) Information showing that the State or local requirement would 
not result in the unavailability (or result in a significant decline in 
the availability) of the product, either in the interstate market or 
within the geographic boundary of the State or local government imposing 
the requirement.
    (2) Statements from persons likely to be affected by the State or 
local requirement concerning the anticipated effect of the requirement 
on the availability or continued marketing of the product.
    (3) Any other information indicating the economic impact of 
compliance with the State or local requirement, such as projections of 
the anticipated effect of the State or local requirement on the sales 
and prices of the product, both in interstate commerce and within the 
geographic area of the State or local government.
    (c) The present geographic distribution of the product to which the 
State or local requirement would apply, and projections of future 
geographic distribution. Evidence of the geographic distribution could 
take the form of governmental or private information or data (including 
statements from manufacturers, distributors, or retailers of the 
product) showing advertising in the interstate market, interstate 
retailing, or interstate distribution.
    (d) The probability of other States or local governments applying 
for an exemption for a similar requirement. Evidence of the probability 
that other States or local governments would apply for an exemption 
could take the form of statements from other States or local governments 
indicating their intentions.
    (e) That specified local conditions require the State or local 
government to apply with the exemption in order to adequately protect 
the public health or safety of the State or local area.