Federal Register / Vol. 80, No. 22 / Tuesday, February 3, 2015 / Proposed Rules 5701 

1The UL mark and logo are trademarks of UL, 

LLC (formerly known as Underwriters Laboratories, 

Inc.). 

V. Consultation Under Section 304(a)(5) 

of the National Marine Sanctuaries Act 

This document confirms that NOAA 

will fulfill its responsibility under 

section 304(a)(5) of the National Marine 

Sanctuaries Act (NMSA, 16 U.S.C. 1431 

et seq.), which states that the Gulf of 

Mexico Fishery Management Council 

(GMFMC) should be provided with the 

opportunity to prepare draft regulations 

for fishing within Federal waters, if 

NOAA pursues the addition of areas 

within the Gulf of Mexico to the 

sanctuary and if regulations regarding 

fishing are needed. The NMSA further 

declares that draft regulations prepared 

by the GMFMC, or a GMFMC 

determination that regulations are not 

necessary, shall be accepted and issued 

as proposed regulations unless the 

GMFMC’s action fails to fulfill the 

purposes and policies of the Act and the 

goals and objectives of the proposed 

designation. If the GMFMC declines to 

make a determination with respect to 

the need for regulations, makes a 

determination that is rejected by the 

Secretary of Commerce, or fails to 

prepare draft regulations in a timely 

manner, then NOAA shall prepare 

fishing regulations. 

Authority: 16 U.S.C. 1431 et seq. 

Dated: January 15, 2015. 

Daniel J. Basta, 

Director for the Office of National Marine 

Sanctuaries. 

[FR Doc. 2015–01949 Filed 2–2–15; 8:45 am] 

BILLING CODE 3510–NK–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1120 

[CPSC Docket No. CPSC–2015–0003] 

Substantial Product Hazard List: 

Extension Cords 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Consumer Product Safety 

Commission (CPSC or Commission) is 

proposing a rule to specify that 

extension cords (both indoor and 

outdoor use extension cords) that do not 

contain one or more readily observable 

characteristics set forth in the proposed 

rule constitute a substantial product 

hazard under the Consumer Product 

Safety Act (CPSA). The rule would 

amend 16 CFR part 1120, which lists 

products that the Commission has 

determined present a substantial 

product hazard if the products have or 

lack specified characteristics that are 

readily observable, have been addressed 

by a voluntary standard, such standard 

has been effective in reducing the risk 

of injury associated with the product, 

and there is substantial compliance with 

the standard. 

DATES: Written comments must be 

received by April 20, 2015. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2015– 

0003, by any of the following methods: 

Electronic Submissions: Submit 

electronic comments to the Federal 

eRulemaking Portal at: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

The Commission does not accept 

comments submitted by electronic mail 

(email), except through 

www.regulations.gov. The Commission 

encourages you to submit electronic 

comments by using the Federal 

eRulemaking Portal, as described above. 

Written Submissions: Submit written 

submissions by mail/hand delivery/

courier to: Office of the Secretary, 

Consumer Product Safety Commission, 

Room 820, 4330 East West Highway, 

Bethesda, MD 20814; telephone (301) 

504–7923. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. All 

comments received may be posted 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to: http: 

//www.regulations.gov. Do not submit 

confidential business information, trade 

secret information, or other sensitive or 

protected information that you do not 

want to be available to the public. If 

furnished at all, such information 

should be submitted in writing. 

Docket: For access to the docket to 

read background documents or 

comments received, go to: http://

www.regulations.gov, and insert the 

docket number CPSC–2015–0003, into 

the ‘‘Search’’ box, and follow the 

prompts. 

FOR FURTHER INFORMATION CONTACT: 

Arthur Lee, Office of Hazard 

Identification and Reduction, Consumer 

Product Safety Commission, National 

Product Testing and Evaluation Center, 

5 Research Place, Rockville, MD 20850; 

telephone: 301–987–2008; alee@

cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The Commission proposes to issue a 

rule under section 15(j) of the CPSA, 15 

U.S.C. 2064(j), which would amend the 

substantial product hazard list in 16 

CFR part 1120 (part 1120). The 

substantial product hazard list in part 

1120 would be amended to add 

extension cords that lack certain readily 

observable characteristics. Four 

characteristics apply to all general-use 

extension cords (indoor and outdoor 

extension cords including indoor 

seasonal extension cords): 

(1) Minimum wire size; 

(2) sufficient strain relief; 

(3) proper polarity; and 

(4) proper continuity. 

In addition, one characteristic (outlet 

covers) applies to certain 2-wire indoor 

extension covers and one characteristic 

(jacketed insulated cord) applies to 

outdoor extension cords. Under the 

proposed amendment to part 1120, 

extension cords that do not contain one 

or more of the specified readily 

observable characteristics would be 

deemed to create a substantial product 

hazard under section 15(a)(2) of the 

CPSA because such products pose a risk 

of electrical shock or fire. These 

identified, readily observable 

characteristics for extension cords have 

been addressed in a voluntary standard, 

Underwriters Laboratories (UL), 

Standard for Cord Sets and PowerSupply Cords, UL 817, 11th Edition, 

dated March 16, 2001, revised February 

3, 2014 (UL 817).1

As detailed in this notice, the 

Commission determines preliminarily 

that: 

• Minimum wire size; sufficient 

strain relief; polarization; continuity; 

outlet covers (for indoor cords); and 

flexible jacketed insulation (for outdoor 

cords) are all readily observable 

characteristics of extension cords; 

• the identified readily observable 

characteristics are addressed by a 

voluntary standard, UL 817; 

• conformance to UL 817 has been 

effective in reducing the risk of injury 

from shock and fire associated with 

indoor and outdoor extension cords; 

and 

• extension cords sold in the United 

States substantially comply with UL 

817. 

A. Background and Statutory Authority 

Section 223 of the Consumer Product 

Safety Improvement Act of 2008 

(CPSIA), amended section 15 of the 

CPSA, 15 U.S.C. 2064, to add a new 

subsection (j). Section 15(j) of the CPSA 

provides the Commission with the 

authority to specify, by rule, for any 

consumer product or class of consumer 

products, characteristics whose 

existence or absence are deemed a 


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substantial product hazard under 

section 15(a)(2) of the CPSA. 15 U.S.C. 

2064(j). Section 15(a)(2) of the CPSA 

defines a ‘‘substantial product hazard,’’ 

in relevant part, as a product defect 

which (because of the pattern of defect, 

the number of defective products 

distributed in commerce, the severity of 

the risk, or otherwise) creates a 

substantial risk of injury to the public. 

For the Commission to issue a rule 

under section 15(j) of the CPSA, the 

characteristics involved must be 

‘‘readily observable’’ and have been 

addressed by a voluntary standard. 

Moreover, the voluntary standard must 

be effective in reducing the risk of 

injury associated with the consumer 

products; and there must be substantial 

compliance with the voluntary 

standard. Id. 

The Commission has issued two 

previous final rules under section 15(j) 

of the CPSA, codified in 16 CFR part 

1120, involving drawstrings on 

children’s upper outerwear (76 FR 

42502, July 19, 2011) (drawstring rule) 

and integral immersion protection on 

handheld hair dryers (76 FR 37636, June 

28, 2011) (hair dryer rule). Additionally, 

on October 16, 2014, the Commission 

issued a notice of proposed rulemaking 

to include seasonal and decorative 

lighting products in part 1120. 79 FR 

62081. The Commission has not defined 

a ‘‘readily observable’’ characteristic in 

any rule. In the proposed drawstring 

rule (75 FR 27497, 27499, May 17, 

2010), the Commission found that the 

requirements detailed in the relevant 

voluntary standard could be evaluated 

with ‘‘simple manipulations of the 

garment, simple measurements of 

portions of the garments, and 

unimpeded visual observation.’’ The 

Commission stated: ‘‘more complicated 

or difficult actions to determine the 

presence or absence of defined product 

characteristics also may be consistent 

with ‘readily observable.’’’ The 

Commission stated its intent to evaluate 

‘‘readily observable’’ characteristics on a 

case-by-case basis. 75 FR at 27499. 

Finally, in the proposed rule on 

seasonal and decorative lighting, the 

Commission determined preliminarily 

that minimum wire size, sufficient 

strain relief, and overcurrent protection 

were ‘‘readily observable’’ 

characteristics of lighting products 

through visual observation, or visual 

observation of a simple measurement. 

79 FR at 62082 & 62084–06. 

B. Extension Cords 

1. Product Description 

The proposed rule uses the phrase 

‘‘extension cord’’ to identify the 

products that are within the scope of the 

rule. The Commission proposes to 

define an ‘‘extension cord’’ (also known 

as a cord set) as a length of factoryassembled flexible cord with an 

attachment plug or current tap as a line 

fitting and with a cord connector as a 

load fitting. Extension cords are used for 

extending a branch circuit supply of an 

electrical outlet to the power-supply 

cord of a portable appliance, in 

accordance with the National Electrical 

Code.® For purposes of the proposed 

rule, the term applies to extension cords 

that are equipped with National 

Electrical Manufacturer Association 

(NEMA) 1–15, 5–15 and 5–20 fittings, 

and that are intended for indoor use 

only or for both indoor and outdoor use. 

We refer to cords intended for indoor 

use only as ‘‘indoor cords’’ and to cords 

intended for both indoor and outdoor 

use as ‘‘outdoor cords.’’ The term 

extension cord does not include 

detachable power supply cords, 

appliance cords, power strips and taps, 

and adaptor cords supplied with 

outdoor tools and yard equipment. The 

proposed definition is consistent with 

the description of products subject to 

the applicable voluntary standard, as set 

forth in section 1 of UL 817. 

Picture 1 depicts products that come 

under the definition of ‘‘extension cord’’ 

in the proposed rule. All in-scope 

products are covered by UL 817. Table 

1 provides a non-exhaustive list of 

examples of extension cords that fall 

within and out of scope of the proposed 

rule. Not included in this rule are 

detachable power supply and appliance 

cords with non-NEMA fittings and 

adaptor cords supplied with outdoor 

tools and yard equipment because these 

are specific-purpose, rather than 

general-use, cords. The products that are 

out of scope for the proposed rule, are 

not subject to UL 817, or do not present 

the same risks of injury. 

TABLE 1—EXTENSION CORDS: PRODUCTS WITHIN AND OUTSIDE THE SCOPE OF THE PROPOSED RULE

In Scope: 

Household extension cords, factory-assembled, 120 volts AC, including: 

• Indoor or general-use cord sets, including seasonal indoor cord sets. 

• Outdoor cord sets. 


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TABLE 1—EXTENSION CORDS: PRODUCTS WITHIN AND OUTSIDE THE SCOPE OF THE PROPOSED RULE—Continued 

Out of Scope: 

• Detachable power cords, either with appliance or other nonstandard plugs (e.g., accompanying electronic or other electrically powered 

items), or with fittings of different configurations (e.g., a clothes washer replacement cord with a plug at one end and individual wire terminals at the other end). 

• Unassembled components, such as flexible cord or fittings, which may be assembled into extension cords or installed in permanent 

branch circuit wiring systems. 

• Cord sets intended for use with non-branch-circuit household current, i.e., greater or less than nominal 120 volts AC (e.g., for use with 

220 volt appliances, or for 15–50 ampere/125–250-volt recreational vehicles). 

• Power strips, power taps, and surge protectors. 

2. Applicable Voluntary Standard 

The current voluntary standard 

applicable to extension cords is UL 817– 

2014. UL has updated UL 817 over the 

years to address various safety issues to 

make extension cords safer, see Staff’s 

Draft Proposed Rule to Add Extension 

Cords to the Substantial Product Hazard 

List in 16 CFR part 1120, January 21, 

2015 (Staff Briefing Package) Tab B, 

Extension Cords: Abbreviated History 

and the Associated UL Standards. The 

staff’s briefing package is available on 

the CPSC’s Web site at: http://

www.cpsc.gov/Global/Newsroom/FOIA/

CommissionBriefingPackages/2015/

Proposed-Rule-to-Amend-SubstantiaProduct-Hazard-List-to-IncludeExtension-Cords.pdf. Since 1987, the 

standard has addressed most of the 

identified, readily observable 

characteristics (minimum wire size, 

sufficient strain relief, proper 

polarization, proper continuity, outlet 

covers for indoor cords, and jacketed 

insulated cords for outdoor extension 

cords) that are included in this 

proposed rule. 

Many of the safety requirements for 

extension cords predate the existence of 

the CPSC. CPSC staff believes that UL 

incorporated requirements for polarized 

(and grounded) plugs and receptacles on 

cord sets around 1962. A CPSC staff 

search found that grounded plugs were 

developed as early as 1911, and 

polarized plugs became available in 

1914. The National Electrical Code 

(NEC) adopted requirements for 

polarized electrical outlets in 1948 and 

for grounded 120-volt receptacles in 

1962. 

Table 2 summarizes the required 

characteristics in UL 817 associated 

with all extension cords, as well as 

specific requirements for indoor and 

outdoor use extension cords. 

TABLE 2—READILY OBSERVABLE CHARACTERISTICS FOR EXTENSION CORDS

General extension 

cord usage 

Readily observable characteristics 

Minimum wire size 

(AWG) Sufficient strain relief Proper polarization Proper continuity Protective feature 

Indoor, UL 817, Section 20.16AWG, or 17/

18AWG with integral overcurrent 

protection.

UL 817, Sections 

2.10, 21 

18AWG or larger 

must withstand 30 

pound force.

UL 817, Section 84 

Cord fittings must be 

polarized (NEMA1– 

15) or have a 

grounding pin 

(NEMA5–15).

UL 817, Sections 9, 

19 

Plug and outlet terminals must be connected in identical 

configuration (i.e., 

Hot-to-Hot, likewise 

for Neutral and 

Ground).

UL 817, Sections 16, 

105 

Outlet covers must be 

provided on unused 

outlets on 2-wire 

parallel. 

UL 817, Section 26.7 

Outdoor, UL 817, Section 30.SAME ........................

UL 817, Section 2.13, 

30 

SAME ........................ SAME ........................

UL 817, Sections 31, 

32 

SAME ........................ Jacketed flexible 

cord. 

UL 817, Section 30 

3. Electrocution and Fire Hazards 

Consumers can be seriously injured or 

killed by electrical shocks or fires if 

extension cord products are not 

constructed properly. All extension 

cords covered by UL 817 must comply 

with requirements for minimum wire 

size, sufficient strain relief, proper 

polarization, and proper continuity. 

Meeting these requirements reduces the 

risk of injury caused by fires or 

electrical shocks. 

• Wire size. Conforming to the 

minimum wire size requirement in UL 

817 supports a product’s electrical load 

to avoid the hazard of fire and electrical 

shock. When an extension cord does not 

contain the correct wire size for the 

load, the cord becomes hot and the 

insulation is degraded. Damaged 

insulation can fail by sagging, melting, 

or hardening and breaking apart, which 

can expose the energized wire inside the 

extension cord. Exposed energized 

wires present a risk of fire and electrical 

shock. Additionally, conforming to the 

minimum wire size requirement 

contributes to the necessary mechanical 

strength to endure handling and other 

forces imposed on an extension cord 

during expected use of the product. 

• Strain relief. Conforming to the 

strain relief requirement in UL 817 

helps to ensure that use of extension 

cords, including pulling and twisting 

the cords, does not cause mechanical 

damage to the connections and prevents 

separation of wires from their terminal 

connections during handling (pulled, 

twisted, etc.). Damaged connections, 

such as broken strands of copper wiring 

inside the insulated wiring, could cause 

overheating (leading to a fire) or 

separation of wires from their terminal 

connections, which could expose bare 

energized conductors, leading to 

electrical shock and fire. 

• Proper polarity. An extension cord 

that conforms to the proper polarity 

requirements in UL 817 minimizes the 

risk of accidental contact with an 

energized conductor. Polarization 

clearly identifies the energized wire in 

the cord set and ensures, in conjunction 

with other construction requirements, 

that products, such as lighting, 

appliances, and other equipment 

plugged into the extension cord provide 

power in the same orientation as the 


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2The numbers are given as annual averages 

instead of totals because the periods are not divided 

equally. 

3A lag exists between when an incident occurs 

and when it appears in the data. The most recent 

years may be incomplete. For the IPII extension 

cord data, 99 percent of the nonfatal incidents have 

a lag time of less than 1 year. For the fatal IPII 

incidents, 96 percent of the data have a lag time of 

less than 1 year. For DTHS, as of December 31, 

2014, the database is 76 percent complete for 2013, 

97 percent complete for 2012, 98 percent complete 

for 2011, and 99 percent complete for 2009 and 

2010. 

receptacle of the branch circuit. For 

example, a product that employs a 

power switch that must be located in 

the energized side of the power supply 

circuit will be supplied in the proper 

orientation, thus reducing the risk of 

electrical shock. 

• Proper Continuity. An extension 

cord that conforms to continuity 

requirements in UL 817 provides a 

continuous conductive path from line to 

load fitting so that the cord can serve 

the function for which it is intended. 

For each terminal in the plug fitting, a 

corresponding conductor must be 

attached to the corresponding terminal 

in the load fitting. For example, a cord 

attached to a plug with a grounding pin 

must have a grounding conductor. Each 

wire in the cord also must be connected 

properly on each end so that, for 

example, the grounding pin of the plug 

on a three-wire cord is connected to the 

grounding socket on the outlet, and the 

energized blade on the plug is not wired 

to the non-energized receptacle on the 

outlet. Proper continuity from end to 

end reduces the risk of both fire and 

electrical shock. 

Indoor and outdoor extension cords 

each have one additional safety 

requirement that is also readily 

observable and reduces the risk of 

injury. 

• Outlet covers. Indoor 2-wire parallel 

extension cords with polarized parallelblade and -slot fittings must contain 

outlet covers. Outlet covers reduce the 

risk of injury to children, in particular, 

by minimizing the opportunity for a 

child to probe plugs with small objects 

or chew on the exposed receptacle 

surfaces, which can lead to hand or 

mouth burns and electrical shock. 

• Jacketed cords. Outdoor extension 

cords must have jacketed cords. A 

jacketed cord protects the individual 

insulated wires from damage when 

exposed to weather and other 

conditions associated with outdoor use. 

An unjacketed extension cord used 

outdoors is susceptible to damage that 

can lead to exposed conductors, thus 

presenting a risk of shock and fire. 

4. Risk of Injury 

CPSC has been concerned with the 

number of fires and injuries resulting 

from extension cords for many years. 

CPSC staff searched extension cord 

incident data from CPSC’s Injury or 

Potential Injury Database (IPII) for both 

fatal and nonfatal incidents, and staff 

searched the Death Certificate Database 

(DTHS) for fatal incidents. Staff limited 

the scope of the incidents considered to 

incidents involving fire, burn, and 

shock hazards. Separate product codes 

do not exist in CPSC’s databases for 

indoor and outdoor extension cords. 

Moreover, incident narratives often do 

not make clear which type of cord was 

involved. Accordingly, staff’s analysis 

considers indoor and outdoor extension 

cords together. 

Staff’s search of IPII data found 716 

in-scope fatal extension cord incidents 

between 1980 and 2013. These incidents 

caused 1,078 deaths. The search of 

DTHS found 47 unique (not duplicates 

of incidents found in IPII) fatal, in-scope 

incidents that occurred between 1980 

and 2013. These 47 incidents led to 47 

deaths. In total, the two databases have 

763 fatal in-scope extension cord 

incidents that caused 1,125 deaths 

between 1980 and 2013. 

Table 3 shows the annual average 

number of incidents for five different 

periods for fatal incidents, deaths, and 

nonfatal incidents. The table breaks the 

34-year period into four 7-year periods 

and a 6-year period. Reporting may not 

be complete for the most recent period 

because sometimes CPSC receives 

reports of incidents years after the 

incidents have occurred. Table 3 shows 

a decline in the number of reported 

extension cord fire, burn, and shock 

fatal incidents, deaths, and nonfatal 

incidents in CPSC databases from the 

1980s. 

TABLE 3—EXTENSION CORD ANNUAL AVERAGE 2 OF REPORTED FATAL INCIDENTS, DEATHS, AND NONFATAL INCIDENTS

FROM 1980–2013 3

Years Fatal incidents Deaths Nonfatal 

incidents 

1980–1986 ................................................................................................................................... 32.7 47.7 201.0 

1987–1993 ................................................................................................................................... 27.7 46.6 178.7 

1994–2000 ................................................................................................................................... 23.6 31.1 131.6 

2001–2007 ................................................................................................................................... 15.9 21.7 112.3 

2008–2013 3 ................................................................................................................................. 10.7 15.8 51.0 

5. Office of Compliance Efforts To 

Address Extension Cord Hazards 

In numerous instances, CPSC staff has 

considered the absence of one or more 

of the identified readily observable 

characteristics (minimum wire size, 

sufficient strain relief, proper 

polarization, proper continuity, outlet 

covers for indoor cords, and jacketed 

insulated cords for outdoor extension 

cords) to present a substantial product 

hazard and has sought appropriate 

corrective action to prevent injury to the 

public. From 1994 to August 2014, as 

shown in the Staff Briefing Package, Tab 

D, Extension Cords: Product Recalls and 

Import Stoppages, Table 1, CPSC staff 

obtained 29 voluntary recalls of 

extension cords involving a total of 3.2 

million units. In addition to recalls, 

CPSC staff identified 54 shipments of 

extension cords at import involving a 

total of 160,000 units, in which 

extension cords may not have complied 

with UL 817. See Staff Briefing Package, 

Tab D, Table 2. Tables 1 and 2 of Tab 

D list enforcement actions based on a 

staff preliminary determination of a 

substantial product hazard. Most of the 

hazards listed in Tables 1 and 2 

correspond to the readily observable 

characteristics in the proposed rule. 

Accordingly, if the proposed rule is 

finalized, such nonconformance would 

constitute a Commission-determined 

substantial product hazard under 16 

CFR part 1120. 

Additionally, the Office of 

Compliance sent a letter dated January 

9, 2015 to manufacturers, importers, and 

retailers of extension cords, informing 

them that the Office of Compliance 

considers products that do not conform 

to the UL 817 requirements for the 

identified readily observable 

characteristics to be defective and to 

present a substantial product hazard. 

See Staff Briefing Package, Tab A, Office 

of Compliance January 9, 2015 Letter to 

Manufacturers, Importers, and Retailers 


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of Extension Cords. Accordingly, 

relevant stakeholders are on notice of 

the requirements of UL 817 and 

reporting requirements under section 15 

of the CPSA. 

II. Preliminary Determination of 

Substantial Product Hazard 

A. Defined Characteristics Are Readily 

Observable 

Sections 2, 9, 16, 19, 20, 21, 26, 30, 

31, 32, 84, and 105 of UL 817 set forth 

the requirements for the identified 

readily observable characteristics 

specified in the proposed rule: 

Minimum wire size, sufficient strain 

relief, proper polarization, proper 

continuity, outlet covers for certain 2- 

wire indoor cords, and jacketed 

insulated cords for outdoor extension 

cords. Table 2 in section I.B.2 of this 

preamble summarizes the technical 

requirements for the identified readily 

observable characteristics in UL 817. 

Additionally, Tab C of the Staff’s 

Briefing Package, Extension Cords: 

Readily Observable Safety 

Characteristics, provides more detail on 

the information presented in Table 2. If 

finalized, the rule would deem the 

absence of any one or more of these 

specified characteristics to be a 

substantial product hazard under 

section 15(a)(2) of the CPSA. 

1. Minimum Wire Size 

Section 2 of UL 817 specifies a 

‘‘general-use cord set’’ using flexible 

cord as described in Table 20.1 of UL 

817 with conductors sized 18, 17, 16, 

14, 12, or 10 AWG terminated in a plug 

and outlet. Extension cords using 

flexible cord with conductors sized 18 

or 17 AWG also require overcurrent 

protection. 

Minimum wire size is readily 

observable by measuring the bare 

conductors. Before measuring the wire 

size, staff must expose the conductors 

within the wire. Exposing the wire is 

done quickly and easily by using a 

small, handheld tool to strip the 

electrical insulation from the wiring. 

One method of measurement uses a 

circular wire gauge, which can 

determine if the wire size meets the 

minimum, as specified in UL 817. 

Picture 2 demonstrates use of a wire 

gauge to measure wire size. In Picture 2, 

the 16 AWG wire passes through the 16 

AWG slot but not through any of the 

thinner (numerically larger) AWG slots. 

In CPSC staff’s experience, extension 

cords that do not meet the minimum 

wire size requirement typically fail by 

using wiring that is substantially 

undersized for the product; staff has 

observed products that use wiring that 

is more than six wire sizes smaller than 

the minimum required. 

The Commission determines 

preliminarily that minimum wire size, 

as required in section 2 of UL 817, is a 

readily observable characteristic of 

extension cords that can be observed 

visually by taking a simple 

measurement of the product’s bare 

wires. 

2. Sufficient Strain Relief 

Section 84 of UL817 describes the 

strain relief test required for all 

extension cords. Section 84.2.1 specifies 

that cords with 18AWG or larger 

conductors must withstand a 30-pound 

pull force on the connection between 

the fitting and the cord. Section 84.2.2 

of UL 817 specifies that a weight must 

be steadily suspended from the cord for 

1 minute so that the cord is pulled 

directly from the fitting without the 

cord pulling loose or stretching from the 

plug/load fitting. In CPSC staff’s 

experience, a lighting product with 

insufficient strain relief will typically 


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fail this test within a few seconds of 

suspending the applicable weight. CPSC 

engineering staff has found that 

equivalent results are accomplished by 

suspending a weight from the body of 

the fitting, as illustrated in Picture 3. 

The Commission determines 

preliminarily that sufficient strain relief, 

as required in section 84 of UL 817, is 

a readily observable characteristic of 

extension cords that can be observed 

based on whether an extension cords 

stretches or breaks when suspending a 

30-lb. weight from the plug and load 

fittings. 

3. Proper Polarization 

Section 19 of UL 817 requires that all 

two-wire extension cords must have 

polarized fittings. Sections 31 and 32 of 

UL 817 require that all two-conductor 

outdoor extension cords must have 

polarized fittings and that grounding 

fittings must be used on three-conductor 

cords. General UL construction 

specifications on fittings (Section 9.3 of 

UL 817) require that polarized outlets 

must reject improper or reversed 

insertion of polarized plugs to reduce 

the risk of shock. 

Proper polarization is readily 

observable by visually inspecting the 

plug for a difference in the slot and 

blade widths or for the presence of a 

grounding pin and a matching outlet 

opening. Another visually observable 

method to determine compliance to UL 

817 is to insert the plug of the extension 

cord (or any polarized two-blade plug) 

into the outlet on the opposite end of 

the cord using every possible 

orientation. The plug must fit into the 

outlet in only one orientation. Pictures 

4a and 4b demonstrate two types of 

polarized plugs. The extension cord 

shown in picture 4a meets the 

polarization requirement by using the 

slot and blade width method, and the 

extension cord shown in picture 4b 

meets the requirement using slot and 

blade width, and a grounding pin. 

The Commission determines 

preliminarily that proper polarization, 

as required in sections 9, 19, 31, and 32 

of UL 817, is a readily observable 

characteristic of extension cords that 

can be observed based on a visual 

inspection of the plug. 

4. Proper Continuity 

Section 16 of UL 817 requires that 

corresponding terminals of line (plug) 

and load (outlet) fittings must be 

connected to the same conductor of the 

cord. Section 105 of UL 817 prescribes 

testing requirements for all 

manufactured extension cords so that 

the conductors are connected to the 

intended terminals of the fittings, and 

that electrical continuity exists 

throughout the entire length of the 

conductor/contact assembly. The wires 

of an extension cord must form 

continuous paths from one end to the 

other so the cord can serve the function 

for which it is intended. Each wire in 

the cord also must be properly 

connected on each end so that, for 

example, the grounding pin of the plug 

on a three-wire cord is connected to the 

grounding socket on the outlet, and the 

energized blade on the plug is not wired 

to the non-energized receptacle on the 

outlet. 

Continuity is readily observable by 

checking the plug and outlet 

connections using a simple battery-light 

continuity tester. A simple continuity 

tester can be purchased at hardware 

stores or from online retailers for $5 to 


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$7. For this procedure, insert one probe 

of the tester into a receptacle contact 

(slot or hole) of the extension cord and 

touch the other probe against each 

prong (blade or pin) of the extension 

cord plug. The tester light illuminates 

when the probes simultaneously touch 

the correct corresponding conductor 

terminals. An inexpensive portable 

ohmmeter or multimeter may also be 

used in a similar manner. The 

observation takes less than 1 minute. 

Picture 5 shows a battery light 

continuity tester with an extension cord. 

The Commission determines 

preliminarily that proper continuity, as 

required in sections16 and 105 of UL 

817, is a readily observable 

characteristic of extension cords that 

can be visually observed using a batterylight continuity tester. 

5. Outlet Covers (Certain 2-Wire Indoor 

Extension Cords) 

Section 26.7 of UL 817 requires that 

an indoor 2-wire parallel extension cord 

with polarized parallel-blade and -slot 

fittings that has more than one outlet 

must have covers for all the additional 

outlets, as illustrated in Picture 6. Outlet 

covers are readily observable by visually 

verifying that all but one outlet has an 

outlet cover. 

The Commission determines 

preliminarily that outlet covers on 

indoor 2-wire parallel extension cords 

with polarized parallel-blade and -slot 

fittings, as required in section 26 of UL 

817, are a readily observable 

characteristic of indoor extension cords 

by visual inspection for the presence of 

the covers. 

6. Jacketed Insulated Cords (Outdoor 

Extension Cords) 

Section 30 of UL 817 requires that 

extension cords for outdoor use be 

manufactured using jacketed insulated 

flexible cord, that is, a cord consisting 

of two or three insulated wires covered 

by an additional jacket of insulation. 

The required jacket is readily 

observable through visual observation of 

the thicker insulation on the cord. The 

jacket also is observable after cutting the 

cord. An outer insulator around the 

individual conductors is easily 

observed. Picture 7 depicts an example 

of a jacketed outdoor extension cord. 


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4The numbers are given as annual averages 

instead of totals because the periods are not divided 

equally. 

5A lag exists between when an incident occurs 

and when it appears in the data. The most recent 

years may be incomplete. For the IPII extension 

cord data, 99 percent of the nonfatal incidents have 

a lag time of less than 1 year. For the fatal IPII 

incidents, 96 percent of the data have a lag time of 

less than 1 year. For DTHS, as of December 31, 

2014, the database is 76 percent complete for 2013, 

97 percent complete for 2012, 98 percent complete 

for 2011, and 99 percent complete for 2009 and 

2010. 

The Commission determines 

preliminarily that jacketed insulated 

cords on outdoor extension cords, as 

required in section 30 of UL 817, are a 

readily observable characteristic of 

outdoor extension cords by visual 

inspection. 

B. Conformance to UL 817 Has Been 

Effective in Reducing the Risk of Injury 

The Commission determines 

preliminarily that conformance to 

sections 2, 9, 16, 19, 20, 21, 26, 30, 31, 

32, 84, and 105 of UL 817, as 

summarized in Table 2 in section I.B.2 

of this preamble, has been effective in 

reducing the risk of injury from shock 

and fire associated with extension 

cords. Additionally, the CPSC’s incident 

data suggest that conformance to UL 817 

has contributed to a decline in the risk 

of injury associated with extension 

cords. See Tab E of Staff’s Briefing 

Package, Extension Cords: Fire or Shock 

Incidents from 1980 to 2013. 

Table 3 in section I.B.4 of this 

preamble lists the reported deaths 

associated with extension cords from 

1980 to 2013.4 The 34-year period is 

broken up into four 7-year periods and 

a 6-year period. Although reporting may 

not be complete for the most recent 

period because sometimes CPSC 

receives reports of incidents years after 

the incidents have occurred, Table 3 

demonstrates that the average numbers 

of fatal incidents, deaths, and nonfatal 

incidents have declined since 1980. 

Figure 1 presents a 3-year moving 

average for reported deaths due to 

extension cords, by year, for the period 

1980–2013,5 for data from the Potential 

Injury Database (IPII), and the Death 

Certificate Database (DTHS). Figure 1 

shows that the reported number of 

deaths has declined since as early as 

1993, and continued on a downward 

trend to 2013. This decrease may be due 

to various factors, such as changes to UL 

817, home building codes, and fireprevention strategies. The reduced 

number of reported deaths may be 

partially attributed to the construction 

and performance requirements in the 

current UL 817 standard. 

Figure 2 presents a 3-year moving 

average for nonfatal incidents due to 

extension cord products, by year, for the 

period 1980–2013, for data from IPII. 

Figure 2 also demonstrates an overall 

downward trend during this period, 

with the exceptions of yearly 

fluctuations. The decrease can be 

attributed to several factors, including: 


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Changes to UL 817, enhanced home 

building code requirements, and fire 

prevention strategies. The construction 

and performance requirements in the 

current UL 817 standard for extension 

cord products have made the products 

safer than products manufactured 

without these construction and 

performance requirements. As discussed 

above, the identified characteristics 

increase the safety of extension cords. 

C. Extension Cords Substantially 

Comply With UL 817 

The CPSA does not define 

‘‘substantial compliance’’ with a 

voluntary standard. Legislative history 

of the CPSA regarding a finding of 

‘‘substantial compliance’’ in the context 

of issuing a consumer product safety 

standard indicates that substantial 

compliance should be measured by 

considering the number of complying 

products rather than the number of 

manufacturers of products that comply 

with a standard. H.R. Rep. No. 208, 97th 

Cong., 1st Sess. 871 (1981). This same 

legislative history indicates further that 

substantial compliance may be found 

when an unreasonable risk of injury 

associated with a product will be 

eliminated or adequately reduced ‘‘in a 

timely fashion.’’ Id. The Commission 

has not articulated a bright line rule for 

substantial compliance. Rather, in the 

rulemaking context, the Commission 

has stated that the determination of 

substantial compliance should be made 

on a case-by-case basis. 

The Commission determines 

preliminarily that compliance with UL 

817 is ‘‘substantial’’ as that term is used 

in section 15(j) of the CPSA. This 

determination is based on CPSC staff’s 

review of market information and 

compliance activity. Staff estimates that 

the current level of voluntary 

conformance to UL’s standard for 

extension cords, UL 817, is very high 

among units sold to consumers in the 

United States, likely in excess of 90 

percent. See Tab F of Staff’s Briefing 

Package, Extension Cords: Information 

about the Product and Level of 

Conformance to UL Voluntary Standard. 

1. Market Data 

Limited information is available about 

the market for extension cords and 

about producers and sellers. A 

substantial majority of products that 

would be subject to the proposed rule 

appear to be imported, primarily from 

the People’s Republic of China. Other 

exporting nations named in 

International Trade Commission (ITC) 

reports include Mexico, Germany, the 

Republic of China (Taiwan), and 

Canada. Some cord sets are produced 

domestically, and some of these are 

household products subject to UL 817; 

however, most domestically produced 

items appear to be intended for 

industrial or other commercial use. 

Based on contacts with industry 

representatives and a review of online 

listings, CPSC staff has identified only 

four domestic producers of extension 

cords that would be subject to the 

proposed rule. 

Imports of extension cords are 

enumerated under the ITC’s 

Harmonized Tariff System of the United 

States (HTS) code 8544.42.9000, 

‘‘insulated electric conductors, for a 

voltage not exceeding 1,000 volts, fitted 

with connectors, not elsewhere 

specified or included.’’ This category 

includes a wide variety of 

communication and energy 

transmission cables, components, and 

related products; data for extension 

cords are not reported separately. The 

HTS grouping is analogous to the North 

American Industry Classification 

System (NAICS) code 335999 for 

domestically produced miscellaneous 

electrical equipment and components; 

this NAICS code includes 40 distinct 

product subcategories, including many 

that are industrial or commercial 

products. The ITC reported that in 2013 

the declared value of imports under this 

HTS code was about $2.8 billion, 

comprising about 775,000 entry lines 

(i.e., individual shipments) by nearly 

11,000 importers (including brokers and 

shipping companies that file bills of 

lading). Monthly ITC reports indicate 

that the category will increase by about 

6 percent in 2014, to approximately $3.0 

billion in import value. Although no 

breakdowns of these published 

aggregate statistics are available, the 

large number of products involved 

suggests that only a small proportion of 

the volume and value of shipments 

under this HTS code likely are 

comprised of products that would be 

subject to the proposed rule. 

The ITC tariff database shows that the 

largest number of import shipments in 

2013 originated from China. An online 

wholesale directory, 

GlobalSources.com, identified 77 

suppliers (including trading companies) 

in China, Hong Kong, or Taiwan that 

export extension cords to the United 

States. Another product directory, 

Made-in-China.com, identified 798 


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5710 Federal Register / Vol. 80, No. 22 / Tuesday, February 3, 2015 / Proposed Rules 

6Staff Briefing Package, Tab D, Extension Cords: 

Product Recalls and Import Stoppages. 

Chinese suppliers of extension cords 

and other flexible cords. About 10 to 15 

members of the National Electrical 

Manufacturers Association (NEMA) 

produce or import extension cords, 

almost all from China. NEMA reports 

that all of its members market only ULconforming products. 

Given the large number of firms 

involved in trade for the wide variety of 

products in the category, a small 

minority of such firms likely imports 

extension cords subject to UL 817; 

however, even if only 10 percent were 

subject to the proposed rule, the number 

of firms would still be substantial at 

more than 1,000. Some importers 

market products only to wholesalers 

and retailers; other importers are also 

retailers that market directly to 

consumers, either online or through 

physical stores. CPSC staff has 

identified about 20 leading importers, 

most of which appear to be large, 

multinational firms; however, a great 

majority of the importers of extension 

cords likely are small businesses. 

Some of the leading importers market 

multiple brands of extension cords that 

would be covered by the proposed rule. 

Roughly 20 to 25 national brands 

(including those of several major 

retailers) are dominant in the consumer 

market. Some of the lowest-priced 

products are unbranded. 

2. Usage and Pricing 

According to the U.S. Census Bureau, 

from 2009 to 2013, there was an average 

of roughly 115 million U.S. households. 

Extension cords are ubiquitous; a 

substantial majority of households 

likely owns at least one cord set. 

Although no published estimates of 

usage are available, the number of 

extension cord-owning households may 

exceed 100 million. Furthermore, in 

view of the large number of electrical 

items found in homes, many households 

likely have multiple cord sets for indoor 

and outdoor use. 

Extension cords are generally low 

import value items. Based on the range 

of observed retail prices, most items 

probably have an import value (before 

distribution chain mark-ups) in the 

range of $1.00 to $10.00 per unit. 

Observed retail prices of extension 

cords range from a few dollars (for the 

least expensive indoor cord sets) to 

more than $100 (for the largest outdoor 

cord sets). CPSC staff observed that 

typical per-unit retail pricing is roughly 

$5.00 to $10.00 for indoor cord sets, and 

$15 to $30 for outdoor cord sets. 

Extension cords represent a minor 

expenditure for most households. 

Information on the numbers of indoor 

versus outdoor extension cords in use, 

and on the relative market share of each 

type, is not available. The indoor cord 

set dollar value market share is 

undoubtedly much smaller than the unit 

share because indoor cord sets, on 

average, are much lower in price than 

outdoor cord models. 

3. Estimated Voluntary Conformance 

Recent data on extension cord recalls 

and import stoppages 6 over the past 

decade show that relatively few of these 

products have been affected by 

enforcement actions. Fewer recalls 

occurred since 2004 (6 recalls involving 

6 importers and 775,000 units) 

compared to the previous decade (23 

recalls involving 22 importers and 2.5 

million units); this is generally 

consistent with the observed decline in 

reported fire and shock incidents since 

the late 1980s. The 54 reported import 

shipment stoppages since 2004 involved 

23 importers but only about 160,000 

units. Assuming that the Compliance 

data present a reasonably accurate view 

of nonconformance, the 29 importers 

and roughly 1 million products that 

were either involved in recalls or 

otherwise identified as potentially 

violative over the entire last decade 

represent less than 3 percent of the 

possible 1,000 importers and an 

unknown but small percentage of all 

units sold. 

Three testing organizations certify 

U.S. market extension cords as 

conforming to UL 817: UL; Intertek Co. 

(ETL); and CSA Group (CSA, formerly 

known as the Canadian Standards 

Association). All three companies 

perform tests in accordance with the UL 

standard and sell listing mark rights to 

manufacturers, importers, or private 

labelers. Although some products may 

be defective and fail to conform even 

though the products carry a listing or 

certification mark, such incidents 

appear to be rare. Of the enforcement 

actions over the past decade described 

above, only one of the recalls and two 

of the import stoppages involved 

extension cords from importers who 

claim to offer only UL-conforming 

goods. For purposes of CPSC staff’s 

analysis, all products carrying the UL, 

ETL, or CSA mark are presumed to be 

in conformance with UL 817. Leading 

major retailers appear to offer only ULlisted or similarly certified electrical 

products. Retailers’ specifications may 

encourage many suppliers to offer only 

UL-conforming cord sets. Staff’s review 

of retail store offerings and online 

catalogs and directories revealed two 

sellers of unlisted extension cords. 

Direct data on shipments of 

conforming versus nonconforming 

extension cords are not available; 

however, an approximation of likely UL 

817 conformance can be made based on 

the following points: 

• Staff’s review of online catalogs and 

directories revealed 20 to 25 major 

national brands of extension cords; such 

products are likely to represent a 

majority of all units sold for household 

use. All of these major brands are 

advertised to be UL-, ETL-, or CSAlisted. CPSC staff has identified only 

two domestic producers of cord sets that 

may not conform to UL 817 and has not 

identified any importers or other 

domestic manufacturers of unlisted cord 

sets. 

• Major retailers appear to offer only 

products that conform to the UL 

standard; these retailers and their online 

affiliates account for an unknown but 

large proportion of extension cord sales. 

• Available CPSC data on recalls and 

import violations suggest a very low 

incidence of defects and 

nonconformance, in the range of a few 

percent. A low number of violations is 

an indicator that conformance to the UL 

standard is likely very high. CPSC staff 

estimates that more than 90 percent of 

extension cords sold to consumers 

conform. 

III. Description of the Proposed Rule 

The proposed rule would add two 

new paragraphs in part 1120. Proposed 

§ 1120.2(e) would define an ‘‘extension 

cord,’’ also known as a ‘‘cord set,’’ as a 

length of factory-assembled flexible cord 

with an attachment plug or current tap 

as a line fitting and with a cord 

connector as a load fitting. Extension 

cords are used for extending a branch 

circuit supply of an electrical outlet to 

the power-supply cord of a portable 

appliance, in accordance with the 

National Electrical Code.® As defined in 

the proposed rule, the term applies to 

extension cords that are equipped with 

National Electrical Manufacturer 

Association (NEMA) 1–15, 5–15 and 5– 

20 fittings, and that are intended for 

indoor use only, or for both indoor and 

outdoor use. The term ‘‘extension cord’’ 

does not include detachable power 

supply cords, appliance cords, power 

strips and taps, and adaptor cords 

supplied with outdoor tools and yard 

equipment. 

This definition is adapted from 

descriptions of extension cords defined 

in section 1 of UL 817. We intend to 

include within the scope of the 

proposed rule, indoor and outdoor 

general-use extension cords that can be 

used with many different types of 

electrical appliances. All in-scope 


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products are covered by UL 817. 

Excluded from the definition are 

detachable power supply and appliance 

cords with non-NEMA fittings and 

adaptor cords supplied with outdoor 

tools and yard equipment because these 

are specific-purpose cords, rather than 

general-use cords. The products that 

would not be covered by proposed rule 

are not subject to UL 817, or they do not 

present the same risks of injury. 

Proposed § 1120.3(d)(1) states that 

extension cords that lack the identified 

characteristics in accordance with the 

requirements specified in the relevant 

sections of UL 817 (sections 2, 9, 16, 19, 

20, 21, 26, 30, 31, 32, 84, and 105) of 

UL 817 are deemed substantial product 

hazards under section 15(a)(2) of the 

CPSA: 

(i) Minimum wire size requirements 

in sections 2, 20, 21, 30, and 31 of UL 

817; 

(ii) Sufficient strain relief 

requirements in sections 20, 30, and 84 

of UL 817; 

(iii) Proper polarization requirements 

in sections 9, 19, 20, 30, 31, and 32 of 

UL 817; 

(iv) Proper continuity requirements in 

sections 16, 20, 30, and 105 of UL 817; 

(v) Outlet cover requirement (for 

indoor 2-wire parallel extension cords 

with polarized parallel-blade and -slot 

fittings) in sections 20 and 26 of UL 817; 

or 

(vi) Jacketed insulated cord 

requirement (for outdoor use extension 

cords) in section 30 of UL 817. 

These characteristics and the UL 817 

requirements are explained in more 

detail in sections I.B.2 (Table 2) and II.A 

of this preamble. 

IV. Effect of the Proposed 15(j) Rule 

Section 15(j) of the CPSA allows the 

Commission to issue a rule specifying 

that a consumer product or class of 

consumer products has characteristics 

whose presence or absence creates a 

substantial product hazard. Such a rule 

would not be a consumer product safety 

rule, and thus, would not trigger the 

statutory requirements of a consumer 

product safety rule. For example, a rule 

under section 15(j) of the CPSA does not 

trigger the testing or certification 

requirements under section 14(a) of the 

CPSA. 

Although a rule issued under section 

15(j) of the CPSA is not a consumer 

product safety rule, placing a consumer 

product on the substantial product 

hazard list in 16 CFR part 1120 would 

have certain ramifications. A product 

that is or has a substantial product 

hazard is subject to the reporting 

requirements of section 15(b) of the 

CPSA, 15 U.S.C. 2064(b). A 

manufacturer, importer, distributor, or 

retailer that fails to report a substantial 

product hazard to the Commission is 

subject to civil penalties under section 

20 of the CPSA, 15 U.S.C. 2069, and is 

possibly subject to criminal penalties 

under section 21 of the CPSA, 15 U.S.C. 

2070. 

A product that is or contains a 

substantial product hazard also is 

subject to corrective action under 

sections 15(c) and (d) of the CPSA, 15 

U.S.C. 2064(c) and (d). Thus, if the 

Commission issues a final rule under 

section 15(j) for extension cords, the 

Commission could order the 

manufacturer, importer, distributor, or 

retailer of extension cords that do not 

contain one or more of the identified 

readily observable characteristics to 

offer to repair or replace the product or 

to refund the purchase price to the 

consumer. 

A product that is offered for import 

into the United States and is or contains 

a substantial product hazard shall be 

refused admission into the United States 

under section 17(a) of the CPSA, 15 

U.S.C. 2066(a). Additionally, CBP has 

the authority to seize certain products 

offered for import under the Tariff Act 

of 1930 (19 U.S.C. 1595a) (Tariff Act), 

and to assess civil penalties that CBP, by 

law, is authorized to impose. Section 

1595a(c)(2)(A) of the Tariff Act states 

that CBP may seize merchandise, and 

such merchandise may be forfeited if: 

‘‘its importation or entry is subject to 

any restriction or prohibition which is 

imposed by law relating to health, 

safety, or conservation and the 

merchandise is not in compliance with 

the applicable rule, regulation, or 

statute.’’ Thus, if the proposed rule is 

finalized, extension cords that violate 

the rule are subject to CBP seizure and 

forfeiture. 

V. Regulatory Flexibility Act Analysis 

The Regulatory Flexibility Act (RFA) 

requires that proposed rules be 

reviewed for the potential economic 

impact on small entities, including 

small businesses. 5 U.S.C. 601–612. 

Section 603 of the RFA requires 

agencies to prepare and make available 

for public comment an Initial 

Regulatory Flexibility Analysis (IRFA), 

describing the impact of the proposed 

rule on small entities and identifying 

impact-reducing alternatives. The 

requirement to prepare an IRFA does 

not apply if the agency certifies that the 

rulemaking will not have a significant 

economic impact on a substantial 

number of small entities. Id. 605. 

Because the Commission expects that 

the economic effect on all entities will 

be minimal, the Commission certifies 

that the proposed rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small Entities to Which the Proposed 

Rule Would Apply 

ITC statistics indicate that about 

11,000 companies are involved in 

import trade of products covered under 

an aggregate HTS code 8544.42.9000 

that includes extension cords. The 

category includes imports of 

communications cables and many other 

electrical products and components and 

counts shipping companies, as well as 

product sellers. An unknown percentage 

of these 11,000 firms import items that 

would be within the scope of the 

proposed rule on extension cords. The 

proportion may be small; however, even 

if only 10 percent were subject to the 

proposed rule, the number of firms 

would still be substantial at more than 

1,000. The latest available (2011) Census 

of Manufacturers data from the U.S. 

Department of Commerce indicate that 

there are about 400 domestic producers 

of miscellaneous electrical equipment, 

including flexible cord and cord sets 

(North American Industry Classification 

System (NAICS) code 335999). Based on 

contacts with industry representatives 

and a review of online listings, CPSC 

staff has identified only four firms that 

manufacture consumer-market 

extension cords in the United States. 

Three of these four companies appear to 

be small businesses. 

CPSC staff has identified about 20 to 

25 leading importers and one large U.S. 

manufacturer of extension cords. Some 

of the leading importers are large 

general merchandise or building 

material retailers with their own 

branded cord sets. Other firms among 

the top 20 to 25 importers are national 

brand owners who specialize in wire/ 

cable and related electrical products; 

these firms are not as large as the major 

retailers, but would not be considered 

small under U.S. Small Business 

Administration (SBA) size standards. 

Most of the remaining firms are likely 

small businesses. The total number of 

small firms is unknown, but may be in 

the hundreds or even a thousand. 

Manufacturers and importers of 

extension cords typically also market 

various kinds of electrical or other 

household products. CPSC staff has 

identified no companies that market 

only extension cords. Some smaller 

importers may not consistently market 

the same brands of cord sets or import 

from the same supply sources from year 

to year. 


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5712 Federal Register / Vol. 80, No. 22 / Tuesday, February 3, 2015 / Proposed Rules 

Potential Impact of the Proposed Rule 

A proposed rule designating 

extension cords that do not conform to 

any one of the five specified provisions 

of UL 817 as a substantial product 

hazard will not likely have a significant 

impact on a substantial number of small 

businesses or other small entities. This 

conclusion is based on the following 

evidence: 

• CPSC staff estimates that a very 

high percentage, probably in excess of 

90 percent, of extension cords already 

conform to UL 817. CPSC staff’s 

examination of products sold by 

physical and online retailers identified 

only two sellers of products that did not 

carry a certification mark or label from 

one of the three certifying organizations. 

Manufacturers, importers, distributors, 

and retailers that market only 

conforming products would not 

experience any impacts under the 

proposed rule. Thus, a substantial 

majority of firms, including small firms, 

would be unaffected by the proposed 

rule and would probably experience 

zero economic impact. 

• To the extent that small importers 

may market nonconforming cord sets, 

such firms may market other flexible 

cord or related products as well. CPSC 

staff is aware of no firms whose 

revenues are dependent solely on 

extension cords. Small importers could 

either discontinue marketing 

nonconforming extension cords, or 

these importers could acquire 

conforming products. Conforming cord 

sets are readily available at similar 

prices, so small importers’ incomes 

would not be significantly affected by 

the proposed rule, if the firms chose to 

acquire conforming products. Moreover, 

product lines should not be significantly 

curtailed if the firms ceased marketing 

extension cords altogether. It is 

unknown whether or how the two 

small, domestic manufacturers of cord 

sets that may not conform would be 

impacted by the proposed rule. 

• The proposed rule reflects the 

existing practice of the CPSC’s Office of 

Compliance and Field Operations to 

designate extension cords that use 

undersized wiring, have insufficient 

strain relief, or lack polarized plugs, 

electrical continuity, outlet covers, or 

cord jackets, as substantial product 

hazards. CPSC staff would continue to 

seek recalls or other enforcement 

actions for such products, regardless of 

the rule’s existence. 

VI. Environmental Considerations 

Generally, the Commission’s 

regulations are considered to have little 

or no potential for affecting the human 

environment, and environmental 

assessments and impact statements are 

not usually required. See 16 CFR 

1021.5(a). The proposed rule to deem 

extension cords that do not contain one 

or more of the identified readily 

observable characteristics to be a 

substantial product hazard is not 

expected to have an adverse impact on 

the environment and is considered to 

fall within the ‘‘categorical exclusion’’ 

for the purposes of the National 

Environmental Policy Act. 16 CFR 

1021.5(c). 

VII. Paperwork Reduction Act 

The proposed rule does not require 

anyone to create, maintain, or disclose 

information. Thus, no paperwork 

burden is associated with the proposed 

rule, and the Paperwork Reduction Act 

of 1995 (44 U.S.C. 3501–3520) does not 

apply. 

VIII. Preemption 

The proposed rule under section 15(j) 

of the CPSA would not establish a 

consumer product safety rule. 

Accordingly, the preemption provisions 

in section 26(a) of the CPSA, 15 U.S.C. 

2075(a), would not apply to this rule. 

IX. Effective Date 

The Administrative Procedure Act 

(APA) generally requires that the 

effective date of a rule be at least 30 

days after publication of a final rule. 5 

U.S.C. 553(d). The Commission 

proposes that any extension cord that 

does not conform to the specified 

sections of UL 817 regarding minimum 

wire size, sufficient strain relief, proper 

polarization, proper continuity, outlet 

covers (indoor extension cords), and 

jacketed insulated cord (outdoor 

extension cords), be deemed a 

substantial product hazard effective 30 

days after publication of a final rule in 

the Federal Register. After that date, all 

extension cords that are subject to, but 

do not comply with, UL 817 regarding 

the identified readily observable 

characteristics, will be deemed to be a 

substantial product hazard. 

The Commission believes that a 30- 

day effective date is appropriate because 

substantial conformance exists and 

because there is longstanding 

knowledge among importers and 

manufacturers about the requirements 

in UL 817. The Office of Compliance 

sent a letter dated January 9, 2015, to 

manufacturers, importers, distributors, 

and retailers of extension cords, 

informing them that the Office of 

Compliance considers products that do 

not conform to UL 817, regarding 

minimum wire size, sufficient strain 

relief, proper polarization, proper 

continuity, covers for outlets (indoor 

use), and jacketed cords (outdoor), to be 

defective and present a substantial 

product hazard. Accordingly, relevant 

stakeholders are on notice of the 

requirements of UL 817. Moreover, 

importers likely will have ample time 

and opportunity to acquire conforming 

products, if necessary, from suppliers 

within normal business cycles before a 

final rule is promulgated. Based on the 

available information, the Commission 

concludes that a 30-day effective date 

would not likely result in significant 

impacts on industry or disrupt the 

supply of conforming products. 

X. Incorporation by Reference 

The Commission proposes to 

incorporate by reference certain 

provisions of UL 817. The Office of the 

Federal Register (OFR) has regulations 

concerning incorporation by reference. 1 

CFR part 51. The OFR recently revised 

these regulations to require that, for a 

proposed rule, agencies must discuss in 

the preamble of the NPR ways that the 

materials the agency proposes to 

incorporate by reference are reasonably 

available to interested persons or how 

the agency worked to make the 

materials reasonably available. In 

addition, the preamble of the proposed 

rule must summarize the material. 1 

CFR 51.5(a). 

In accordance with the OFR’s 

requirements, section I.B.2. of this 

preamble summarizes the provisions of 

UL 817 that the Commission proposes to 

incorporate by reference. Interested 

persons may purchase a copy of UL 817 

from UL, Inc. at 333 Pfingsten Road, 

Northbrook, IL 60062. The standard is 

also available for purchase from UL’s 

Web site at http://ulstandards.ul.com/ 

access-standards/. One may also inspect 

a copy at CPSC’s Office of the Secretary, 

U.S. Consumer Product Safety 

Commission, Room 820, 4330 East West 

Highway, Bethesda, MD 20814, 

telephone 301–504–7923. 

XI. Request for Comments 

The Commission invites interested 

persons to submit their comments to the 

Commission on any aspect of the 

proposed rule. Comments should be 

submitted as provided in the 

instructions in the ADDRESSES section at 

the beginning of this notice. 

List of Subjects in 16 CFR Part 1120 

Administrative practice and 

procedure, Clothing, Consumer 

protection, Cord sets, Extension cords, 

Household appliances, Lighting, Infants 

and children, Imports, Incorporation by 

reference. 


rljohnson on DSK3VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 22 / Tuesday, February 3, 2015 / Proposed Rules 5713 

For the reasons stated above, and 

under the authority of 15 U.S.C. 2064(j), 

5 U.S.C. 553, and section 3 of Public 

Law 110–314, 122 Stat. 3016 (August 

14, 2008), the Consumer Product Safety 

Commission proposes to amend 16 CFR 

part 1120 as follows: 

PART 1120—SUBSTANTIAL PRODUCT 

HAZARD LIST 

■ 1. The authority citation for part 1120 

continues to read as follows: 

Authority: 15 U.S.C. 2064(j). 

■ 2. In § 1120.2, add paragraph (e) to 

read as follows: 

§ 1120.2 Definitions. 

* * * * * 

(e) Extension cord (also known as a 

cord set) means a length of factoryassembled flexible cord with an 

attachment plug or current tap as a line 

fitting and with a cord connector as a 

load fitting. Extension cords are used for 

extending a branch circuit supply of an 

electrical outlet to the power-supply 

cord of a portable appliance, in 

accordance with the National Electrical 

Code.® For purposes of this rule, the 

term applies to extension cords that are 

equipped with National Electrical 

Manufacturer Association (NEMA) 1– 

15, 5–15 and 5–20 fittings, and that are 

intended for indoor use only, or for both 

indoor and outdoor use. The term 

‘‘extension cord’’ does not include 

detachable power supply cords, 

appliance cords, power strips and taps, 

and adaptor cords supplied with 

outdoor tools and yard equipment. 

■ 3. In § 1120.3, add paragraph (d) to 

read as follows: 

§ 1120.3 Products deemed to be 

substantial product hazards. 

* * * * * 

(d)(1) Extension cords that lack one or 

more of the following specified 

characteristics in conformance with 

requirements in sections 2, 9, 16, 19, 20, 

21, 26, 30, 31, 32, 84, and 105 of 

Underwriters Laboratories (UL) 

Standard for Cord Sets and PowerSupply Cords, UL 817, 11th Edition, 

dated March 16, 2001, revised February 

3, 2014 (UL 817): 

(i) Minimum wire size requirement in 

sections 2, 20, 21, 30, and 31 of UL 817; 

(ii) Sufficient strain relief requirement 

in sections 20, 30, and 84 of UL 817; 

(iii) Proper polarization requirement 

in sections 9, 19, 20, 30, 31, and 32 of 

UL 817; 

(iv) Proper continuity requirement in 

sections 16, 20, 30, and 105 of UL 817; 

(v) Outlet cover requirement (for 

indoor 2-wire parallel extension cords 

with polarized parallel-blade and -slot 

fittings) in sections 20 and 26 of UL 817; 

or 

(vi) Jacketed insulated cord 

requirement (for outdoor use extension 

cords) in section 30 of UL 817. 

(2) The Director of the Federal 

Register approves the incorporations by 

reference in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. You may 

obtain a copy from UL, Inc., 333 

Pfingsten Road, Northbrook, IL 60062. 

You may inspect a copy at the Office of 

the Secretary, U.S. Consumer Product 

Safety Commission, Room 820, 4330 

East West Highway, Bethesda, MD 

20814, telephone 301–504–7923, or at 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

Alberta E. Mills, 

Acting Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2015–02021 Filed 2–2–15; 8:45 am] 

BILLING CODE 6355–01–P 

FEDERAL TRADE COMMISSION 

16 CFR Chapter I 

Regulatory Review Schedule 

AGENCY: Federal Trade Commission. 

ACTION: Notice of intent to request 

public comments. 

SUMMARY: As part of its ongoing, 

systematic review of all Federal Trade 

Commission rules and guides, the 

Commission announces a modified tenyear regulatory review schedule. No 

Commission determination on the need 

for, or the substance of, the rules and 

guides listed below should be inferred 

from the notice of intent to publish 

requests for comments. 

DATES: February 3, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Further details about particular rules or 

guides may be obtained from the contact 

person listed below for the rule or 

guide. 

SUPPLEMENTARY INFORMATION: To ensure 

that its rules and industry guides remain 

relevant and are not unduly 

burdensome, the Commission reviews 

them on a ten-year schedule. Each year 

the Commission publishes its review 

schedule, with adjustments made in 

response to public input, changes in the 

marketplace, and resource demands. 

When the Commission reviews a rule 

or guide, it publishes a document in the 

Federal Register seeking public 

comment on the continuing need for the 

rule or guide as well as the rule’s or 

guide’s costs and benefits to consumers 

and businesses. Based on this feedback, 

the Commission may modify or repeal 

the rule or guide to address public 

concerns or changed conditions, or to 

reduce undue regulatory burden. 

The Commission posts information 

about its review schedule on its Web 

site, at http://www.ftc.gov/enforcement/ 

rules/rulemaking-regulatory-reformproceedings, to facilitate comment about 

rules and guides. This Web site provides 

links in one location to Federal Register 

documents requesting comments, and 

comments for rules and guides that are 

currently under review. The Web site 

also contains an updated review 

schedule, a list of rules and guides 

previously eliminated in the regulatory 

review process, and the Commission’s 

regulatory review plan. 

Modified Ten-Year Schedule for 

Review of FTC Rules and Guides 

For 2015, the Commission intends to 

initiate reviews of, and solicit public 

comments on, the following rules: 

(1) Contact Lens Rule, 16 CFR part 

315. Agency Contact: Alysa Bernstein, 

(202)–326–3289, Federal Trade 

Commission, Bureau of Consumer 

Protection, Division of Advertising 

Practices, 600 Pennsylvania Ave. NW., 

Washington, DC 20580. 

(2) Preservation of Consumers’ Claims 

and Defenses [Holder in Due Course 

Rule], 16 CFR part 433. Agency Contact: 

Heather Allen, (202)–326–2038, Federal 

Trade Commission, Bureau of Consumer 

Protection, Division of Financial 

Practices, 600 Pennsylvania Ave. NW., 

Washington, DC 20580. 

(3) Ophthalmic Practice Rules 

(Eyeglass Rule), 16 CFR part 456. 

Agency Contact: Alysa Bernstein, (202)– 

326–3289, Federal Trade Commission, 

Bureau of Consumer Protection, 

Division of Advertising Practices, 600 

Pennsylvania Ave. NW., Washington, 

DC 20580. 

The Commission is currently 

reviewing 18 of the 65 rules and guides 

within its jurisdiction. The Commission 

is postponing review of the following 

matters previously scheduled for review 

in 2014 and 2015 until 2016: Standards 

for Safeguarding Customer Information, 

16 CFR part 314; and the CAN–SPAM 

Rule, 16 CFR part 316. 

A copy of the Commission’s modified 

regulatory review schedule for 2015 

through 2025 is appended. The 

Commission, in its discretion, may 

modify or reorder the schedule in the 

future to incorporate new rules, or to 

respond to external factors (such as 

changes in the law) or other 

considerations. 


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