25216 Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: 

For technical questions concerning this 

action, contact Wende T. DiMuro, 

AFS–330, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–1685; email 

wende.t.dimuro@faa.gov. 

For legal questions concerning this 

action, contact Edmund Averman, 

AGC–200, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–3147, email 

ed.averman@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 4, 2015, the FAA published 

a final rule entitled, ‘‘Air Carrier 

Contract Maintenance Requirements’’ 

(80 FR 11537). 

In that final rule, the FAA revised its 

maintenance regulations for domestic, 

flag, and supplemental operations, and 

for commuter and on-demand 

operations for aircraft type certificated 

with a passenger seating configuration 

of 10 seats or more (excluding any pilot 

seat). The new rules require affected air 

carriers and operators to develop 

policies, procedures, methods, and 

instructions for performing contract 

maintenance that are acceptable to the 

FAA, and to include them in their 

maintenance manuals. The rules also 

require the air carriers and operators to 

provide a list to the FAA of all persons 

with whom they contract their 

maintenance, which also must include 

the physical address where the work 

will be carried out and a description of 

the type of work that is to be carried out 

at each location. 

In the notice of proposed rulemaking 

(NPRM) (77 FR 67584; Nov. 13, 2012), 

the FAA proposed to make the effective 

date one year after the publication of the 

final rule. The stated reason for this was 

that the agency recognized that the 

affected operators would need time to 

fully develop the policies, procedures, 

methods, and instructions for contract 

maintenance and to provide them in an 

acceptable format to the FAA. We also 

noted that operators would need time to 

prepare the list with the required 

information of their contract 

maintenance providers and to provide 

them in an acceptable format to their 

Certificate Holding District Offices (77 

FR 67587). The FAA also noted that it 

would need time to review the 

information submitted by the operators. 

In publishing the final rule, the FAA 

inadvertently overlooked this proposed 

one-year compliance time, and included 

an effective date of 60 days after 

publication. This document corrects 

that oversight so that the effective date 

is one year after the publication of the 

final rule, or March 4, 2016. 

Correction 

In FR Doc. 2015–04179, beginning on 

page 11537 in the Federal Register of 

March 4, 2015, make the following 

corrections: 

Correction 

1. On page 11537, in the second 

column, in the paragraph entitled 

‘‘DATES:’’, correct ‘‘May 4, 2015’’ to read 

‘‘March 4, 2016.’’ 

Issued under authority provided by 49 

U.S.C. 106(f) in Washington, DC, on April 29, 

2015. 

John Barbagallo, 

Acting Director, Flight Standards Office. 

[FR Doc. 2015–10423 Filed 5–1–15; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1120 

[CPSC Docket No. CPSC–2014–0024] 

Substantial Product Hazard List: 

Seasonal and Decorative Lighting 

Products 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Final rule. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘CPSC’’ or ‘‘Commission’’) 

is issuing a final rule to specify that 

seasonal and decorative lighting 

products that do not contain any one of 

three readily observable characteristics 

(minimum wire size, sufficient strain 

relief, or overcurrent protection), as 

addressed in a voluntary standard, are 

deemed a substantial product hazard 

under the Consumer Product Safety Act 

(‘‘CPSA’’). Additionally, the 

Commission is making a technical 

amendment to reformat incorporations 

by reference in this part. 

DATES: Effective date: The rule takes 

effect on June 3, 2015. The 

incorporation by reference of the 

publication listed in this rule is 

approved by the Director of the Federal 

Register as of June 3, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Mary Kroh, Office of Compliance and 

Field Operations, Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814; 

telephone: 301–987–7886; mkroh@

cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Statutory Authority 

A. 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 

substantial product hazard under 

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

A rule under section 15(j) of the CPSA 

(a ‘‘15(j) rule’’) is not a consumer 

product safety rule that imposes 

performance or labeling requirements 

for newly manufactured products. 

Rather, a 15(j) rule is a Commission 

determination of a product defect based 

upon noncompliance with specific 

product characteristics that are 

addressed in an effective voluntary 

standard. For the Commission to issue 

a 15(j) rule, the product 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. 

B. Background 

On October 16, 2014, the Commission 

issued a notice of proposed rulemaking 

(‘‘NPR’’) in the Federal Register to 

amend the substantial product hazard 

list in 16 CFR part 1120 (‘‘part 1120’’) 

to add seasonal and decorative lighting 

products that lack certain readily 

observable safety characteristics 

addressed by a voluntary standard 

because such products pose a risk of 

electrical shock or fire. 79 FR 62081. 

The comment period on the proposed 

rule closed on December 30, 2014. As 

detailed in section II of this preamble, 

the Commission received 62 comments 

on the proposed rule. 

The Commission is now issuing a 

final rule to amend part 1120 by adding 

three readily observable characteristics 

of seasonal and decorative lighting 

products: (1) Minimum wire size; (2) 

sufficient strain relief; and (3) 

overcurrent protection. After reviewing 

the comments, the Commission made 


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Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Rules and Regulations 25217 

two clarifications in the final rule to 

define more clearly products that do not 

fall within the scope of the rule. 

Additionally, based on the comments, 

the Commission has corrected a citation 

to Underwriters Laboratories (‘‘UL’’), 

Standard for Safety for Seasonal and 

Holiday Decorative Products, UL 588, 

18th Edition, approved on August 21, 

2000 (‘‘UL 588’’), in the final rule. As of 

the effective date of this rule, seasonal 

and decorative lighting products that do 

not contain any one of these three 

readily observable characteristics, as set 

forth in UL 588, are deemed to create a 

substantial product hazard under 

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

C. Seasonal and Decorative Lighting 

Products 

The final rule uses the phrase 

‘‘seasonal and decorative lighting 

products’’ to identify the lighting 

products that are within the scope of the 

rule. The final rule defines ‘‘seasonal 

and decorative lighting products’’ 

consistent with the description of 

products subject to UL 588, as set forth 

in section 1 of UL 588. ‘‘Seasonal and 

decorative lighting products’’ are 

portable, plug-connected, temporary-use 

lighting products and accessories that 

have a nominal 120-volt input voltage 

rating. Lighting products within the 

scope of the rule are factory-assembled 

with push-in, midget- or miniaturescrew base lampholders connected in 

series or with candelabra- or 

intermediate-screw base lampholders 

connected in parallel, directly across the 

120 volt input. Such lighting products 

include lighted decorative outfits, such 

as stars, wreathes, candles without 

shades, light sculptures, blow-molded 

(plastic) figures, and animated figures. 

Lighting products outside the scope of 

the rule include: Battery-operated 

products; solar-powered products; 

products that operate from a transformer 

or low-voltage power supply; flexible 

lighting products incorporating nonreplaceable series and series/parallelconnected lamps enclosed within a 

flexible polymeric tube or extrusion; 

and portable electric lamps that are used 

to illuminate seasonal decorations. 

This definition of ‘‘seasonal and 

decorative lighting products’’ is adapted 

from descriptions of lighting products 

defined in section 1 of UL 588. All inscope products are covered by UL 588. 

Lighting products within the scope of 

the rule are typically used seasonally 

and provide only decorative lumination. 

The products typically are displayed for 

a relatively short period of time and are 

then removed and stored until needed 

again. UL 588 section 2.43 defines the 

term ‘‘seasonal (holiday) product’’ as: 

‘‘[a] product painted in colors to suggest 

a holiday theme or a snow covering, a 

figure in a holiday costume, or any 

decoration associated with a holiday or 

particular season of the year.’’ UL 588 

defines ‘‘decorative light products’’ 

(decorative outfits) as factoryassembled, electrically powered units 

providing a seasonal or holiday 

decorative display having illumination 

or other decorative effects. A decorative 

product may contain a lighting string as 

part of the decorative illumination. A 

lighting string provided with decorative 

covers over the lamps is a decorative 

outfit. If not constructed properly, 

lighting powered by 120 volts can be 

damaged easily and can pose a risk of 

electrical shock or fire. 

Lighting products that are excluded 

from the scope of the rule are subject to 

different voluntary standards or do not 

present the same risk of injury. Based on 

the comments to the proposed rule, the 

final rule clarifies that ‘‘solar-powered 

products’’ are not within the scope of 

the rule because solar-powered seasonal 

lights are not connected to a 120-volt 

branch circuit and do not present the 

same risk of injury due to shock and 

fire. Additionally, the final rule clarifies 

the type of tube lighting that is not 

within the scope of the rule. The 

proposed rule used the phrase ‘‘flexible 

tube lighting strings of lights intended 

for illumination.’’ The final rule 

replaces this phrase with: ‘‘flexible 

lighting products incorporating nonreplaceable series and series/parallel 

connected lamps enclosed within a 

flexible polymeric tube or extrusion.’’ 

The description of tube lighting was 

revised to clarify that such tube lighting 

is not covered by UL 588 but is covered 

by another UL standard, UL 2388 

Flexible Lighting Products. This 

clarification is not intended to alter the 

scope of products covered by the rule; 

the revision is intended to clarify that 

flexible lighting products covered by UL 

2388 are not within the scope of the 

rule. Staff Briefing Package: Final Rule 

to Amend 16 CFR part 1120 to Add 

Seasonal and Decorative Lighting 

Products, dated April 22, 2015 (‘‘Staff 

Final Rule Briefing Package’’) at 3, 

available at: http://www.cpsc.gov/

Global/Newsroom/FOIA/Commission

BriefingPackages/2015/Final-Rule-toAmend-Substantial-Product-HazardList-to-Include-Seasonal-andDecorative-Lighting-Products.pdf. 

D. Applicable Voluntary Standard 

UL 588–2000 is the current voluntary 

standard applicable to seasonal and 

decorative lighting products. UL 588 has 

been updated over the years to address 

various safety issues to make seasonal 

and decorative lighting products safer, 

see 79 FR 62083; Staff’s Briefing 

Package on Seasonal and Decorative 

Lighting Products, dated October 2, 

2014 (‘‘Staff NPR Briefing Package’’), 

Tab B, Abbreviated History of Seasonal 

and Decorative Lighting Products and 

the Associated UL Standard, at: http:// 

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

CommissionBriefingPackages/2015/

ProposedRuletoAmendSubstantial

ProductHazardListtoIncludeSeasonal

andDecorativeLightingProducts.pdf. 

Specifically, UL 588, made effective on 

January 1, 1997, set forth the current 

requirements for overcurrent protection 

and minimum wire size; and the current 

strain relief requirement has been in 

effect since 1994. 

Table 2 in the preamble to the NPR, 

at 79 FR at 62083, summarized the 

readily observable characteristics for 

seasonal and decorative lighting 

products. Table 2 was intended to 

present a summary of the relevant 

provisions of UL 588. As one 

commenter noted, the ‘‘strain relief’’ 

column shown in Table 2 in the 

preamble to the NPR cited SB16 of UL 

588, instead of section SB15, and 

showed the strain relief load as 24 lbs. 

instead of 20 lbs. Table 1, below, is a 

revised version of Table 2 from the 

preamble to the NPR. Table 1 shows the 

correct citation to section SB15 of UL 

588 and the correct strain relief loads. 

Staff Final Rule Briefing Package 

at 3–4. 


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25218 Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Rules and Regulations 

1Staff has updated incident data from 1980 to 

2013 to include retailer reports. 

TABLE 1—READILY OBSERVABLE CHARACTERISTICS FOR SEASONAL AND DECORATIVE LIGHTING PRODUCTS

Seasonal and decorative lighting 

products 

Readily observable characteristics 

Minimum wire size (AWG) 

UL 588 Section 6 

Sufficient strain relief (load weight) 

Overcurrent 

protection qty. 

UL 588 

Section 7 

Plugs/load fittings 

UL 588 Sections 15 and 71 

Lampholders 

UL 588 

Sections 79 

and SB15 

Series-connected lighting product: 

With Load Fitting ..................... 20 (Polarized Plug) ........................

22 (Non-Polarized Plug) ................

20 lbs (smaller than 18 AWG) .......

........................................................

20 

8 

1 

2 

Without Load Fitting ................ 22 (Polarized Plug) ........................

22 (Non-Polarized Plug ..................

........................................................

........................................................

8 

8 

1 

2 

Parallel-connected light product: 

With or Without Load Fitting ... 20 (XTW), 18 (all others) ...............

All Polarized Plugs .........................

20 lbs. (20 AWG) ...........................

30 lbs. (18 AWG). ..........................

20 1 

E. Risk of Injury 

1. Electrocution and Fire Hazards 

The preamble to the NPR explained 

that consumers can be seriously injured 

or killed by electrical shocks or fires if 

seasonal and decorative lighting 

products are not made using minimum 

wire size, sufficient strain reliefs, or 

overcurrent protection. 79 FR at 62083– 

84. Lighting products that conform to 

the minimum wire size requirement in 

UL 588 will support the product’s 

electrical load without causing 

overheating. Additionally, lighting 

products that conform to the minimum 

wire size requirement provide the 

necessary mechanical strength to endure 

handling and other forces imposed on a 

seasonal lighting product during 

expected use of the product. Likewise, 

lighting products that conform to the 

strain relief requirements in UL 588 will 

endure use, including pulling and 

twisting the product, without 

mechanical damage to the electrical 

connections. Damaged electrical 

connections, such as broken strands of 

copper conductor inside the insulated 

wiring, could cause overheating (leading 

to a fire), despite overcurrent protection, 

or separation of wires from their 

terminal connections, which could 

expose bare energized conductors 

leading to electrical shock. Finally, UL 

588’s requirements for overcurrent 

protection prevent products from 

overheating and melting due to faults, 

damage, or excessive loads. Such 

failures carry a potential risk of fire. 

2. Incident Data 

For the NPR, CPSC staff conducted a 

search of the Injury or Potential Injury 

Database (‘‘IPII’’), National Electronic 

Injury Surveillance System (‘‘NEISS’’), 

and the Death Certificate Database 

(‘‘DTHS’’) for incidents that involved 

seasonal and decorative lighting 

products reported between 1980 and 

May 2014. CPSC staff has updated this 

data and found a total of 133 fatal 

incidents causing 258 deaths, and 1,405 

nonfatal incidents that involved 

seasonal and decorative lighting 

products that were in-scope and that 

occurred between 1980 and 2013.1 For 

the final rule, staff searched for in-scope 

incidents reported from January 2014 

through March 2015. CPSC staff found 

an additional 25 in-scope incidents that 

occurred in 2014, and staff identified 

seven incidents that occurred in 2015. 

All of the 25 incidents in 2014 were 

nonfatal incidents. One of the seven 

incidents in 2015 was a fatal incident 

that caused one death. 

Table 2 shows the annual average 

number of incidents for five different 

periods for each of the fatal incidents, 

deaths, and nonfatal incidents. The 35- 

year period is broken up into five, 7- 

year periods. Reporting may not be 

complete for the most recent period 

because sometimes CPSC receives 

reports of incidents years after they have 

occurred. Note that the average number 

of incidents and deaths has declined 

over the 35-year period represented in 

Table 2. See Tab E of Staff Final Rule 

Briefing Package. 

TABLE 2—SEASONAL AND DECORATIVE LIGHTING PRODUCT ANNUAL AVERAGE OF FATAL INCIDENTS, DEATHS, AND

NONFATAL INCIDENTS FROM 1980–2014 

Years Fatal incidents Deaths Nonfatal 

incidents 

1980–1986 ................................................................................................................. 6.7 12.6 54.1 

1987–1993 ................................................................................................................. 6.3 13.6 40.9 

1994–2000 ................................................................................................................. 2.9 5.9 37.4 

2001–2007 ................................................................................................................. 2.3 3.9 38.6 

2008–2014 ................................................................................................................. 0.9 1.0 33.3 

F. Compliance Efforts To Address the 

Hazard 

As noted in the preamble to the NPR, 

in numerous instances, CPSC staff has 

considered the absence of one or more 

of three readily observable 

characteristics (minimum wire size, 

sufficient strain relief, and overcurrent 

protection) to present a substantial 

product hazard and has sought 

appropriate corrective action to prevent 

injury to the public. 79 FR at 62084. 

Since the Commission published the 

NPR (from September 2014 to February 

2015), CPSC has not conducted any 

recalls of seasonal and decorative 

lighting products, and identified 11 

shipments at import involving a total of 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Rules and Regulations 25219 

approximately 37,000 lighting units, 

where the seasonal and decorative 

lighting products may not comply with 

UL 588. See Tab D of Staff Final Rule 

Briefing Package. 

II. Summary of Comments on the 

Proposed Rule and CPSC’s Responses 

The Commission received 62 

comments and questions in response to 

the NPR. Substantive comments from 

several manufacturers expressed general 

support for the proposed rule, while the 

consumer commenters were generally 

opposed to the NPR. Commenters who 

opposed the rule often appeared to 

misunderstand the nature of the 

rulemaking, the Commission’s authority 

to issue such a rule, and the effect of 

such a rule on industry and consumers. 

The Commission received one comment 

that addressed technical issues 

associated with UL 588. We summarize 

the comments and the Commission’s 

responses below. Three clarifications 

were made in the final rule based on the 

comments, described in sections I.C and 

I.D of this preamble, and in responses to 

comments 14, 15, and 18. 

A. General Comments 

Comment 1: Many commenters 

argued that the proposed rule represents 

government waste, government 

overreach, or would result in a ‘‘waste 

of money’’ because the incident data do 

not demonstrate a relationship between 

the incident data and gaps in the UL 

standard. 

Response 1: The Commission 

disagrees with these commenters. The 

CPSC’s mission is to protect consumers 

from unreasonable risks of injury or 

death from consumer products. The rule 

would further this mission by allowing 

staff to remove more effectively seasonal 

and decorative lighting products from 

commerce if these products present a 

risk of fire or electrical shock to 

consumers. The rule will not result in 

waste, nor will the rule increase costs. 

In fact, the rule should decrease CPSC’s 

costs associated with an existing 

practice of determining that seasonal 

and decorative lighting products that do 

not conform to UL 588 present a defect 

that rises to a substantial product 

hazard. 

Currently, when CPSC staff 

encounters seasonal and decorative 

lighting products that do not appear to 

meet the requirements of UL 588, field 

and import staff must collect samples of 

the products and send them to CPSC’s 

National Product Testing and 

Evaluation Center (‘‘NPTEC’’) for further 

testing. CPSC engineers evaluate and 

test the samples and provide their 

assessment to Compliance staff. 

Compliance staff, relying on CPSC 

technical staff’s assessment, makes a 

preliminary determination of whether 

the product presents a substantial 

product hazard. If Compliance staff 

makes a preliminary determination of a 

substantial product hazard, CPSC staff 

informs the manufacturer or importer of 

the defective products. Compliance staff 

then proceeds to negotiate seizure, 

destruction, or a recall (or some 

combination of actions) with the firm. 

Firms may dispute CPSC staff’s 

preliminary determination of a 

substantial product hazard for failure to 

conform to UL 588, which can add 

delay in removing defective products 

from the market and increase CPSC 

staff’s costs related to supporting a 

finding of a substantial product hazard. 

When nonconforming seasonal and 

decorative lighting products are 

identified, CPSC staff must address with 

each manufacturer or importer the 

missing safety requirements from UL 

588 that staff determined created a 

substantial product hazard. This process 

can be time-consuming and resource 

intensive. Congress has provided the 

Commission with the ability to 

streamline the administrative process of 

substantial product hazard 

determinations if certain criteria are 

met. Section 15(j) of the CPSA allows 

the Commission through a rulemaking 

to specify for consumer products, or a 

class of consumer products, 

characteristics whose presence or 

absence shall be deemed a substantial 

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

the CPSA. A ‘‘substantial product 

hazard’’ is a defined term in our statute. 

Failure to comply with a consumer 

product safety rule is one way a product 

can present a substantial product hazard 

under section 15(a)(1) of the CPSA. A 

hazard addressed under section 15(j) is 

deemed to be ‘‘a product defect which 

(because of the pattern of defect, the 

number of defective product distributed 

in commerce, the severity of the risk, or 

otherwise) creates a substantial risk of 

injury to the public’’ under section 

15(a)(2). 

A rule under section 15(j) of the CPSA 

is not a consumer product safety rule. 

Further, the Commission is not defining 

mandatory requirements for seasonal 

and decorative lighting products that 

must be tested and certified to a 

regulation, as a rule issued under 

sections 7 and 9 of the CPSA would 

require. The Commission is not required 

to provide incident data for a rule under 

section 15(j) of the CPSA to demonstrate 

‘‘gaps’’ in the UL standard, because the 

rule will not impose additional 

requirements on seasonal and 

decorative lighting products beyond the 

identified three readily observable 

characteristics embodied in UL 588. 

Instead, the Commission is determining 

that seasonal and decorative lighting 

products that do not conform to three 

elements of the voluntary standard, UL 

588, have a product defect that presents 

a substantial risk of injury to the public. 

A substantial product hazard 

determination under section 15(a)(2) of 

the CPSA seeks to remove alreadymanufactured defective products from 

the stream of commerce. 

The Commission can only determine 

that products that do not conform to a 

voluntary standard present a substantial 

product hazard under section 15(j) of 

the CPSA if four criteria are met: 

• The characteristics involved must 

be ‘‘readily observable’’; 

• the characteristics must be 

addressed by a voluntary standard; 

• 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. 

Essentially, when a voluntary 

standard is working effectively to 

reduce a risk of injury to the public, the 

Commission can rely on the voluntary 

standard and take enforcement action to 

remove products from the stream of 

commerce when products do not 

comply with that voluntary standard. 

The purpose of the NPR was to provide 

notice to the public that the 

Commission believes that UL 588 is an 

effective voluntary standard. When 

CPSC staff finds products in the stream 

of commerce that do not comply with 

one or more of three readily observable 

safety characteristics, which are defined 

in UL 588, the Commission believes that 

those products are defective and present 

a substantial risk of injury, fire and 

electrical shock. 

Codifying that the absence of any of 

three safety characteristics for seasonal 

and decorative lighting products 

constitutes a substantial product hazard 

should streamline CPSC’s enforcement 

efforts. Once the rule is final, CPSC will 

no longer need to rely on a staff 

preliminary determination of a 

substantial product hazard, and readdress this issue with each importer or 

manufacturer in each instance. Instead, 

CPSC can rely on the Commission’s 

determination of a substantial product 

hazard for seasonal and decorative 

lighting products that are missing any of 

three readily observable characteristics, 

and then staff can proceed directly to 

negotiating a recall or seizure of the 

products without delay. Finally, when 

noncompliant lighting products are 


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25220 Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Rules and Regulations 

found at the ports, CPSC can rely on the 

rule to request that Customs and Border 

Protection (‘‘CBP’’) seize the defective 

products through its authority under the 

Tariff Act. This streamlined process 

should reduce Commission staff and the 

monetary resources required to prevent 

defective products from entering the 

market. 

Comment 2: Many commenters stated 

that existing standards, such as UL 

standards, are sufficient in ‘‘regulating’’ 

seasonal lights and that the agency did 

not provide a rational basis for selecting 

seasonal and decorative lighting 

products for regulation. Another 

commenter opposed codifying the UL 

standard, arguing that codifying the 

standard would ‘‘ossify’’ the voluntary 

standards process and make the UL 

standard ‘‘rigid,’’ more difficult to 

improve, and ultimately make the 

public less safe. 

Response 2: This proceeding concerns 

a rule under section 15(j) of the CPSA 

and would not codify UL 588 or any 

other standard. Rather, under the rule, 

seasonal and decorative lighting 

products that do not have specified 

characteristics that conform to UL 588 

would be considered to present a 

substantial product hazard. This means 

that such products could be stopped at 

the ports or otherwise prevented from 

distribution in the United States. The 

rule would not replace UL 588 or 

‘‘ossify’’ the standard; rather, the rule 

would work in tandem with the UL 

standard to help provide safer products 

to consumers. If UL revises the 

referenced provisions of UL 588 in the 

future, the Commission can revise the 

rule to reference the updated version. 

Pages 62083 and 62084 of the NPR 

provided a rational basis for selecting 

seasonal and decorative lighting 

products. Lighting products that lack 

minimum safety characteristics pose a 

substantial risk of injury to consumers, 

and the Commission has the authority 

and obligation to remove such defective 

products from the stream of commerce. 

Comment 3: One commenter stated 

that the NPR violated the 

Administrative Procedure Act (‘‘APA’’), 

and was ‘‘on its face arbitrary and 

capricious and without any reasonable 

foundation’’ because no rational basis 

was described in the proposed rule for 

a new federal regulation on seasonal 

and decorative lighting products. Many 

commenters indicated that they 

considered the rule unnecessary, when 

CPSC’s own data demonstrate that the 

UL standard appears to be effective at 

reducing the risk of injury associated 

with seasonal and decorative lighting 

products. Some commenters stated that 

the proposed rule does not describe a 

‘‘substantial product hazard’’ that needs 

to be addressed by a regulation, noting 

that the UL standard has already 

addressed the hazards associated with 

seasonal and decorative lighting 

products. 

Response 3: The commenters appear 

to misunderstand the nature and 

purpose of the NPR, as well as the 

Commission’s authority to issue a rule 

under section 15(j) of the CPSA. The 

Commission disagrees that the NPR 

violated the APA and is arbitrary and 

capricious. The NPR provides adequate 

rationale for the proposed rule and 

meets the requirements of section 553(b) 

of the APA, which requires that a 

proposed rule: 

• Be published in the Federal 

Register; 

• provide a statement of the time, 

place, and nature of public rule making 

proceedings; 

• reference the legal authority under 

which the rule is proposed; and 

• provide either the terms or 

substance of the proposed rule or a 

description of the subjects and issues 

involved. 

As discussed in the NPR, seasonal 

and decorative lighting products have a 

history of causing deaths and injury. 

However, the Commission agrees with 

the commenters that UL 588 effectively 

addresses the risks caused by 

insufficient wire size, inadequate strain 

relief, and lack of overcurrent 

protection. UL 588 addresses these 

issues because the absence of these 

minimum safety characteristics poses a 

risk of injury, fire, and electric shock to 

consumers. The Commission’s 15(j) rule 

recognizes that products that do not 

conform to UL 588 regarding minimum 

wire size, sufficient strain relief, and 

overcurrent protection, present a 

substantial product hazard. 

A rule under section 15(j) of the CPSA 

is not a consumer product safety rule, 

but rather, is a Commission 

determination of a substantial product 

hazard. No injury data are required to 

find that a product presents a 

substantial product hazard under 

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

under section 15(a)(2), products are 

evaluated for defects that have the 

potential to cause a substantial risk of 

injury to the public. Even if the 

Commission has no reported injuries, 

the Commission could still find that a 

product has a defect which creates a 

substantial risk of injury to the public. 

Comment 4: One commenter stated 

that CPSC misused the data cited in the 

proposed rule, making three 

fundamental errors: 

• Implicitly assuming that no older 

versions of lighting products 

manufactured before 2000 are in use, 

which CPSC allegedly uses to show that 

UL is only partially effective. The 

commenter asserts that lighting 

products are used for many years; 

• failing to show any recent deaths or 

injuries since 2000 when UL was 

allegedly last updated; and 

• failing to show that any deaths 

associated with lighting products were 

caused by product defects related to the 

three properties that the UL standards 

address (safe wire size, safety fuse, and 

strain protection). 

The commenter stated that the 

proposed rule provides no rational basis 

for assuming that any residual hazard 

related to the UL standards exists. 

Response 4: This commenter also 

seems to misunderstand the 15(j) rule. 

The data presented in the NPR are 

intended to demonstrate the 

effectiveness of the voluntary standard, 

UL 588, not that additional regulation is 

necessary because UL 588 is only 

partially effective. 

Comment 5: One commenter 

requested confirmation that current 

certification markings from UL, Intertek 

Co (‘‘ETL’’), or the CSA Group, or 

products carrying a listing, are 

considered to be in conformance with 

these requirements and the proposed 

rule does not require any paperwork, 

such as certificates or permits. 

Response 5: The Commission agrees 

that, unless an importer or retailer has 

reason to believe that UL, ETL, or CSA 

certification markings are counterfeit, 

such marks should indicate compliance 

with UL 588. Because a rule under 

section 15(j) of the CPSA is not a 

consumer product safety rule, a final 

rule will not impose additional 

paperwork such as certificates of 

compliance on importers or 

manufacturers. 

Comment 6: One commenter 

questioned the definition of ‘‘readily 

observable,’’ and two commenters 

questioned whether all three readily 

observable characteristics need to be 

met. 

Response 6: All three readily 

observable characteristics on a seasonal 

and decorative lighting product must be 

in conformance with UL 588. Under the 

rule, if one or more characteristics are 

missing, the product presents a 

substantial product hazard under 

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

The Commission has not defined the 

term ‘‘readily observable,’’ preferring 

instead to evaluate the concept on a 

case-by-case basis. The proposed rule 

states: 

The Commission did not define a ‘‘readily 

observable’’ characteristic in either [previous] 


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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.’ ’’ Finally, the Commission stated 

its intent to evaluate ‘‘readily observable’’ 

characteristics on a case-by-case basis. 

75 FR at 27499. The Commission 

considers the three characteristics of 

seasonal and decorative lighting 

products described in the rule to be 

readily observable, consistent with the 

Commission’s previous statement. 

Comment 7: One commenter 

questioned how CPSC will enforce the 

requirements for imported products that 

are proposed in the NPR. 

Response 7: The Commission 

anticipates continuing the existing 

enforcement policy at ports of entry and 

at retail outlets, at least in the near 

future. Currently, CPSC identifies 

seasonal lighting products that lack 

certification marks or that appear to 

have irregular or counterfeit 

certification marks or that have other 

characteristics that might suggest 

noncompliance with applicable 

standards. After adoption of the rule, 

CPSC would evaluate such products to 

assess whether the products meet all 

three readily observable safety 

characteristics. If the products do not 

meet every one of the three readily 

observable safety characteristics, CPSC 

generally anticipates requesting that 

CBP detain the product if offered for 

importation. Additionally, CPSC 

practice is to inform the manufacturer or 

importer of the defect. Depending on the 

facts and circumstances, other legallyauthorized measures may be taken. 

Comment 8: One commenter asked 

whether the readily observable 

characteristics apply to both indoor and 

outdoor seasonal and decorative lighting 

products. 

Response 8: The rule applies to both 

indoor and outdoor seasonal and 

decorative lighting products. The three 

readily observable characteristics are 

independent of the environment for 

which the products are rated. 

Comment 9: Some commenters 

generally opposed the NPR, stating 

reasons such as the ‘‘lie of global 

warming,’’ limiting electrical power 

consumption by consumers, or that 

CPSC should regulate other types of 

products. 

Response 9: These comments are out 

of scope for this rulemaking. 

B. Comments on Economic Issues 

Comment 10: To demonstrate the 

potential safety benefits of the proposal, 

one commenter who supported the NPR 

suggested that the CPSC estimate the 

societal costs of fires and electrocutions 

associated with holiday and seasonal 

lights. Several commenters opposing the 

proposed rule stated that the likely 

safety benefits of the proposal would be 

small. 

Response 10: The estimated numbers 

and societal costs of deaths, injuries, 

and property damage associated with 

seasonal and decorative lighting-related 

fires and electrocutions are very small, 

and generally, the numbers have 

declined to near zero in recent years, 

consistent with safety improvements 

made over time to the voluntary 

standard, UL 588. The rule is not 

designed to yield further safety benefits; 

rather, the rule would maintain the 

current high level of safety and help 

prevent distribution of nonconforming, 

seasonal and decorative lighting 

products that present a substantial 

product hazard. 

Comment 11: Eleven consumer 

commenters opposing the proposed rule 

stated that the rule could impose 

compliance costs on industry, and that 

any such costs should be weighed 

against the minimal likely safety 

benefits of a rule. One commenter stated 

that the proposed rule failed to 

adequately address the full scope of the 

legal and financial impacts of the 

regulation. Four commenters suggested 

that cost increases would result in retail 

price increases. One commenter asked 

whether the CPSC could justify 

‘‘millions of dollars’’ in costs. 

Response 11: The final rule does not 

impose any new design, manufacturing, 

testing, certification, reporting, labeling, 

or other cost burdens on industry. 

Rather than add ‘‘millions of dollars,’’ as 

the commenter posited, because the rule 

is predicated on an existing voluntary 

standard, the cost of the rule should be 

essentially zero. In the NPR, the 

Commission estimated that the level of 

conformance to the existing voluntary 

standard is well in excess of 90 percent. 

The Commission has identified very few 

nonconforming seasonal and decorative 

lighting products on the market, even 

among the lowest-priced products. 

Thus, no significant wholesale or retail 

price increases are likely to occur as a 

result of finalizing the rule. To the 

extent that any importers market 

nonconforming seasonal and decorative 

lighting products, these firms could 

incur minimal costs of up to a few cents 

per typical 50-light string to incorporate 

the correct wire size, proper strain 

relief, and overcurrent protection. 

Nonconforming goods, however, are 

already subject to CPSC enforcement 

action, including recall, seizure, or 

forfeiture upon importation. Thus, 

because no changes to products or 

importation practices will be needed, 

the rule will likely have little, if any, 

impact on costs or consumer choice. 

As noted previously, the final rule 

will create efficiencies for the agency’s 

enforcement programs. 

Comment 12: One commenter 

opposed to the NPR asserted that a 

CPSC rule would be duplicative of other 

existing regulations (presumably 

referring to the voluntary standard), 

thereby impacting costs and consumer 

choices. 

Response 12: The final rule designates 

as a substantial product hazard any 

seasonal and decorative lighting 

products that do not conform to three 

elements of the existing voluntary 

standard, UL 588. This is consistent 

with current CPSC enforcement 

practice. The rule will impose no new 

requirements or cost burdens on 

industry. Similarly, because no products 

will have to be discontinued or 

withdrawn from the market, the final 

rule will not affect consumer choice. 

Comment 13: One commenter 

opposed to the NPR questioned whether 

the proposed rule would maintain ‘‘fair 

and equitable market access for trade 

partners,’’ and whether the Commission 

had explored less restrictive regulatory 

alternatives. 

Response 13: The final rule is not 

expected to deny or restrict market 

access in any way. All known products 

subject to a final rule are imported. 

Because virtually all such products are 

estimated to conform to the voluntary 

standard already, no new restrictions on 

importation into the United States will 

occur. Any noncomplying products will 

be subject to CPSC enforcement action. 

This has been the case in the past, and 

this will continue to be the CPSC’s 

practice even without the rule. No 

regulatory alternatives exist that would 

be less restrictive to industry. Under the 

rule, business practices will not have to 

change, and therefore, no restrictions on 

trade will result. 

C. Technical Comments 

Comment 14: One commenter asked 

the Commission to affirm that the 

proposed rule would not apply to the 

following: 

• Battery-operated products. 

• Solar-powered products (either 

direct powered solar, or one with a 

storage system that is used when the 

sun is not out, such as a rechargeable 

battery to power the lights). 


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• Transformer or low-voltage power 

supplied products, such as adaptorpowered products that use a low voltage 

Class 2 power source or ITE power 

source, that are third party certified by 

an NRTL lab. 

• Flexible Lighting Products, as 

covered in the scope of UL 2388 

(described as ‘‘Flexible Tube Lighting 

Strings’’ in the proposed rule). 

Response 14: The Commission agrees 

with the commenter that the scope of 

the rule is not intended to include the 

types of products listed above. Section 

1120.2(d) of the final rule already states 

that battery-operated products, products 

that operate from a transformer or lowvoltage power supply; flexible tube 

lighting [clarified in response 15 below] 

intended for illumination; and portable 

electric lamps that are used to 

illuminate seasonal decorations are all 

outside the scope the rule. Products 

listed as out of scope are excluded 

because they are not subject to the same 

types of hazards as products within the 

scope of the rule; or, such products are 

not subject to UL 588, but rather, are 

subject to a different voluntary standard. 

The definition in § 1120.2(d) of the final 

rule has been clarified to state that solarpowered lights are not within the scope 

of the rule because solar-powered 

seasonal lights are not connected to a 

120 volt branch circuit and do not 

present the same risk of injury of shock 

and fire. Thus, § 1120.2(d) of the final 

rule now lists ‘‘solar-powered products’’ 

as outside the scope of the final rule. 

Comment 15: One commenter stated 

that the proposed rule should clarify 

which products are addressed by the 

term ‘‘flexible tube lighting strings’’ 

because CPSC could be excluding 

products that should fall within the 

scope of the rule, as they are addressed 

in UL 588. The commenter stated that 

use of the term ‘‘flexible tube lighting 

strings’’ could describe a UL 588- 

covered product connected directly 

across a 120V supply that uses a 

standard string of lights placed inside a 

rigid or flexible tube. The commenter 

suggested changing the term ‘‘flexible 

tube lighting strings’’ to ‘‘flexible 

lighting products,’’ in accordance with 

the scope of ANSI/UL 2388, Sections 1.1 

and 1.2 and add ‘‘Flexible Lighting 

Products that conform with the ANSI/

UL 2388 scope and definitions’’ to the 

‘‘Rope, tube, . . ..’’ listing in- ‘‘out-ofscope’’ products. 

Response 15: The Commission agrees 

that the term ‘‘flexible tube lighting 

strings’’ could be misconstrued to 

exempt some products that are covered 

by UL 588. Accordingly, the definition 

of ‘‘seasonal and decorative lighting 

products’’ in § 1120.2(d) of the final rule 

has been changed from the phrase 

‘‘flexible tube lighting strings of lights 

intended for illumination’’ to the phrase 

‘‘flexible lighting products incorporating 

non-replaceable series and series/

parallel connected lamps enclosed 

within a flexible polymeric tube or 

extrusion’’ to describe out-of-scope 

lighting products. The Commission 

believes that this language, taken from 

UL 2388, the voluntary standard that 

applies to flexible lighting, will clarify 

that flexible lighting products subject to 

UL 2388 are not within the scope of the 

rule. This clarification is not intended to 

alter the scope of products covered by 

the rule; the revision merely clarifies 

that flexible tube lighting products 

covered by UL 2388 are not within the 

scope of the rule. 

Comment 16: One commenter asked 

for confirmation that seasonal and 

decorative lighting products that are 

third party certified to ANSI/UL 588 by 

a Nationally Recognized Testing 

Laboratory (‘‘NRTL’’), such as UL, CSA, 

or ETL, ‘‘would be considered in 

compliance with this rule and would 

not require further review.’’ 

Additionally, the commenter requested 

confirmation that products such as a 

pre-lit artificial tree, or a pre-lit artificial 

wreath, as long as the decorative 

lighting (for example, a 120V cord 

connected incandescent or LED light 

string that is series or parallel connected 

and has push in, screw in or nonreplaceable bulbs) is third party 

certified by an NRTL (such as UL, CSA, 

or ETL) to ANSI/UL 588, are considered 

to be in compliance with the proposed 

rule and would not require further 

review, even if the entire pre-lit 

artificial tree or wreath, as a whole with 

lights, is not UL, CSA, or ETL certified. 

Response 16: According to the 

Occupational Health and Safety 

Administration (‘‘OSHA’’), an NRTL is a 

private sector organization recognized 

by OSHA to perform required product 

certification to electrical standard 

requirements: 

Each NRTL has a scope of test standards that 

they are recognized for, and each NRTL uses 

its own unique registered certification 

mark(s) to designate product conformance to 

the applicable product safety test standards. 

After certifying a product, the NRTL 

authorizes the manufacturer to apply a 

registered certification mark to the product. 

If the certification is done under the NRTL 

program, this mark signifies that the NRTL 

tested and certified the product, and that the 

product complies with the requirements of 

one or more appropriate product safety test 

standards. Users of the product can generally 

rely on the mark as evidence that the product 

complies with the applicable OSHA approval 

requirement(s) and is safe for use in the 

workplace. 

OSHA’s Web site as of February 23, 

2015 (https://www.osha.gov/dts/otpca/

nrtl/). 

The Commission interprets the 

comment to suggest that if a product has 

a mark indicating certification by an 

NRTL, CPSC should consider the 

product to be compliant with the 

applicable provisions of UL 588 and not 

conduct any further review of the 

product. The Commission believes that 

products that are legitimately listed to 

UL 588 by an NRTL are likely to be in 

compliance with UL 588 and not likely 

to present a substantial product hazard. 

However, because such marks are 

sometimes counterfeit, CPSC will use 

product labeling as but one factor in its 

decision process when determining 

which products to investigate for 

compliance. 

Regardless of labeling, CPSC may 

evaluate any electrical product for 

whether it poses a substantial product 

hazard. For example, CPSC staff’s 

existing practice is to evaluate products 

at the ports to assess whether they 

present a substantial product hazard, 

and non-compliance to a relevant 

voluntary standard may provide 

evidence of a hazard. Even if electrical 

products are not subject to a rule under 

section 15(j) of the CPSA, CPSC field 

staff can collect samples of nonconforming products and send them to 

CPSC’s lab, NPTEC, for further testing 

and evaluation. 

Comment 17: The commenter asked 

why ‘‘unlighted ornaments that replace 

a push-in mini-bulb’’ are exempt from 

this rule, suggesting that these 

ornaments have the same fire and shock 

hazard as ornaments that are lighted, 

have the same strain relief and wire 

gauge requirements as lighted 

ornaments in UL 588, and should be 

treated as in-scope. He added that the 

only difference between lighted and 

unlighted ornaments of this type is that 

they are not required by UL 588 to have 

fusing. 

Response 17: Table 1 in the NPR 

provided a non-exhaustive list of 

examples of lighting products that fall 

within, and outside of, the scope of the 

proposed rule. Ornaments that replace a 

push-in mini-bulb do not fall within the 

definition of products in § 1120.2(d) of 

the rule because these products do not 

have 120 volt input ratings. 

Additionally, in the experience of CPSC 

staff, ornaments, regardless of whether 

they are lighted or unlighted (including 

motorized and electronic items), have 

not presented the same hazard as 

products within the scope of the rule. In 

fact, CPSC has not found any such 

products in its archives to present a 

substantial product hazard. 


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Comment 18: One commenter pointed 

out a typographical error in section II of 

the NPR, item 2, on page 62085, 

‘‘Sufficient Strain Relief,’’ of the 

preamble. The commenter states the 

correct reference for the method of 

strain relief testing demonstrated in the 

NPR should be section SB15 instead of 

section SB16, which also changes the 

strain relief load cited in Table 2 from 

24 lb. weight to a 20 lb. weight. The 

commenter also suggested changing the 

reference of section 79 to paragraph 79.2 

in section II of the NPR, item 2, on page 

62085 because of the method of testing 

demonstrated in the NPR. In addition, 

the commenter noted that the testing 

method in section II of the NPR, item 2, 

on page 62085, ‘‘Sufficient Strain 

Relief,’’ is vague and unrepeatable by 

specifying that wire is not allowed to 

‘‘stretch,’’ as the wire will normally 

stretch in this test. UL 588 specifies that 

the wire not stretch more than 1⁄16′′ at 

the entry point of the wire to the 

lampholder, not that the wire below that 

point cannot stretch. 

Response 18: The Commission agrees 

with the commenter with regard to the 

correct citation for strain relief 

requirements, and has revised the 

citation to UL 588 in § 1120.3(c)(2) 

regarding strain relief in the final rule to 

incorporate section SB15 of UL 588, 

instead of section SB16. We have also 

published a corrected version of the 

Table summarizing requirements from 

UL 588 in the preamble to the final rule, 

Table 1 in section I.D of this preamble. 

Table 1 updates the strain relief load 

from 24 lbs. to 20 lbs. and references 

SB15 instead of SB16. The Commission 

declines to revise the Table 1 to include 

paragraph 79.2, because the strain relief 

method called out in section 79 of UL 

588 includes paragraph 79.2. 

In the NPR, the Commission 

summarized the failure criteria for strain 

relief to demonstrate that strain relief is 

readily observable by hanging the 

appropriate weight and evaluating the 

results. However, the regulation text 

adopts the specific requirements for 

strain relief in UL 588. Section 

1120.3(c)(2) specifies that sufficient 

strain relief requirements are according 

to UL 588 sections 15, 71, 79, and SB15 

(changed from SB16 to SB 15). Although 

the cord is allowed to ‘‘stretch’’ within 

limits as permitted by UL 588 during 

the strain relief test, CPSC staff’s 

experience in observing non-conforming 

seasonal and decorative lighting 

products is that such non-complying 

products, in an overwhelming majority 

of observations, tend to be constructed 

in a way that they fail catastrophically— 

the conductors shred apart, with 

individual strands stretching to their 

breaking points. 

Comment 19: One commenter stated 

that, in Section II of the NPR, the 

measurement of wire size (‘‘AWG’’) as 

shown in Picture 3 is not a very accurate 

method of measurement and is intended 

for solid core wire, not stranded as 

required to be used in decorative 

lighting strings covered by UL 588. The 

commenter is concerned that using a 

wire gauge with stranded wire can give 

false positives for undersized wire, or 

false negatives for properly sized wires, 

depending on twisting and other 

relevant factors. The commenter states 

that the ANSI UL wire standard uses a 

different method of determining wire 

size by measuring the circular mil area. 

While the wire gauge method may be 

sufficient to determine the initial need 

for further examination, the commenter 

states, it should not be used as the final 

determination for undersize wiring. 

Response 19: The final rule 

incorporates by reference the minimum 

wire size requirements in section 6 of 

UL 588. Section 6 of UL 588 does not 

state a method for determining or 

measuring the wire size. Accordingly, 

the rule does not require any particular 

test; it requires compliance with section 

6 of UL 588 with regard to minimum 

wire size. The NPR provided an 

example of one method for measuring 

wire size. 

The purpose of providing a picture of 

measuring minimum wire size in the 

NPR was not to favor one method of 

measuring wire size over another, but to 

demonstrate that wire size is readily 

observable through a direct 

measurement of the wire. The 

Commission acknowledges that other 

methods of directly measuring wire size 

exist that also can be done quickly and 

easily. The Commission notes that CPSC 

staff’s experience in observing 

nonconforming seasonal and decorative 

lighting products demonstrates that 

such products typically fall short of 

conformance to wire size by a large 

margin, regardless of the method used to 

determine compliance with section 6 of 

UL 588. 

III. Information Supporting Substantial 

Product Hazard Determination 

A. Defined Characteristics Are Readily 

Observable and Addressed by UL 588 

Sections 6, 7, 15, 71, 79, and SB15 of 

UL 588 set forth the requirements for 

the three readily observable 

characteristics in the final rule: 

minimum wire size, sufficient strain 

relief, and overcurrent protection. Table 

1 in section I.D of this preamble 

summarizes the technical requirements 

for the three readily observable 

characteristics in UL 588. The final rule 

deems the absence of any one of these 

characteristics to be a substantial 

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

the CPSA. The preamble to the NPR set 

forth information to support a finding 

that minimum wire size, sufficient 

strain relief, and overcurrent protection, 

are readily observable characteristics 

from UL 588. See 79 FR 62084–86. We 

summarize and update that information 

here. 

1. Minimum Wire Size 

Section 6 of UL 588 requires that 

series-connected lighting products have 

a minimum wire size of 20 or 22 AWG, 

depending on whether the lighting 

product has a load fitting, and whether 

the plug is polarized. Minimum wire 

size, as required in section 6 of UL 588, 

is a readily observable characteristic of 

seasonal and decorative lighting 

products that can be observed visually 

by taking a measurement of the 

product’s bare wire. 79 FR 62084–85. 

2. Sufficient Strain Relief 

Sections 15, 71, 79, and SB15 of UL 

588 set forth the requirements for 

sufficient strain relief in seasonal and 

decorative lighting products. Strain 

relief is observed in several locations: At 

the plugs and load fittings, as well as at 

the lampholders. Sufficient strain relief, 

as required in sections 15, 71, 79, and 

SB15 of UL 588, is a readily observable 

characteristic of seasonal and decorative 

lighting products that can be 

determined by suspending the 

applicable load from the plug, load 

fitting, or lampholder, and by observing 

for conformance with SB15 of UL 588. 

79 FR at 62085–86. 

3. Overcurrent Protection 

Section 7 of UL 588 specifies 

overcurrent protection for every 

seasonal and decorative lighting 

product. Lighting products must contain 

at least one fuse if the plug is polarized 

(parallel-connected strings must have a 

polarized plug) or two fuses if the plug 

is not polarized. Overcurrent protection, 

as required in section 7 of UL 588, is a 

readily observable characteristic of 

seasonal and decorative lighting 

products that can be determined by a 

visual observation of whether the 

lighting product has a fuse holder 

containing the correct number of fuses. 

79 FR at 62086. 

B. Conformance to UL 588 Has Been 

Effective in Reducing the Risk of Injury 

Conformance to sections 6, 7, 15, 71, 

79, and SB15 of UL 588, as summarized 

in Table 1 in section I.D of this 


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preamble, has been effective in reducing 

the risk of injury from shock and fire 

associated with below-minimum wire 

size, insufficient strain relief, and lack 

of overcurrent protection. CPSC’s 

incident data demonstrate that 

conformance to UL 588 has coincided 

with, and may have contributed to, a 

decline in the risk of injury associated 

with seasonal and decorative lighting 

products. 

The preamble to the NPR reviewed 

the reported death and nonfatal incident 

data from 1980 through 2013, which 

demonstrated a decline during that 

period. See 79 FR at 62086–87. On 

January 1, 1997, UL 588’s requirements 

for overcurrent protection and 

minimum wire size took effect; and the 

current strain relief requirement has 

been in effect since 1994. Table 3 lists 

the incidents associated with seasonal 

and decorative lighting products for the 

periods 1980–1996 and 2000–2014. The 

years from 1997 to 1999 would have 

been transitional years, where older 

products in consumer homes were being 

replaced with light strings incorporating 

the January 1, 1997 changes (minimum 

wire size and overcurrent protection) in 

the UL standard. The average number of 

deaths per year and the average number 

of nonfatal incidents per year were 

higher before 1997, and the numbers 

dropped after 1999. See Tab E of Staff 

Final Rule Briefing Package. 

TABLE 3—INCIDENTS ASSOCIATED WITH SEASONAL AND DECORATIVE LIGHTING PRODUCTS

Period 1980–1996 2000–2014 

Deaths ...................................................................................................................................................................... 202 45 

Nonfatal Incidents .................................................................................................................................................... 762 545 

Average Deaths per year ........................................................................................................................................ 11.9 3.0 

Average Nonfatal Incidents per year ....................................................................................................................... 44.8 36.3 

C. Lighting Products Substantially 

Comply With UL 588 

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 caseby-case basis. Seasonal and decorative 

lighting products’ compliance with UL 

588 is ‘‘substantial,’’ as that term is used 

in section 15(j) of the CPSA. The 

Commission estimates that a majority of 

seasonal and decorative lighting 

products, well in excess of 90 percent, 

sold for consumer use in the United 

States, likely conforms to UL 588. See 

79 FR at 62088. Since issuing the NPR, 

CPSC has not received any information 

in the comments, or otherwise, that 

would change the estimated level of 

compliance with UL 588. 

IV. Description of the Rule 

The rule regarding seasonal and 

decorative lighting products creates two 

new paragraphs in part 1120: one 

defines the products covered by the rule 

and the other states the characteristics 

that must be present for the products 

not to present a substantial product 

hazard. 

Definition. Section 1120.2(d) defines a 

‘‘seasonal and decorative lighting 

product’’ as portable, plug-connected, 

temporary-use lighting products and 

accessories that have a nominal 120 volt 

input voltage rating. Lighting products 

within the scope of the rule are factoryassembled with push-in, midget- or 

miniature-screw base lampholders 

connected in series or with candelabraor intermediate-screw base lampholders 

connected in parallel, directly across the 

120 volt input. Such lighting products 

include lighted decorative outfits, such 

as stars, wreathes, candles without 

shades, light sculptures, blow-molded 

(plastic) figures, and animated figures. 

Lighting products outside the scope of 

the rule include: battery-operated 

products; solar-powered products; 

products that operate from a transformer 

or low-voltage power supply; flexible 

lighting products incorporating nonreplaceable series and series/parallel 

connected lamps enclosed within a 

flexible polymeric tube or extrusion; 

and portable electric lamps that are used 

to illuminate seasonal decorations. 

This definition is adapted from 

descriptions of lighting products 

defined in section 1 of UL 588. Lighting 

products within the scope of the rule are 

typically used seasonally (temporarily) 

and provide only decorative lumination. 

The products typically are displayed for 

a relatively short period of time, and 

then the lighting products are removed 

and stored until needed again. Lighting 

products that are excluded from the 

scope of the rule are subject to different 

voluntary standards or do not present 

the same risk of injury. 

Substantial product hazard list. 

Section 1120.3(c) states that seasonal 

and decorative lighting products that do 

not conform to one or more of the 

following characteristics required in 

sections 6, 7, 15, 71, 79, and SB15 of UL 

588 are deemed substantial product 

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

CPSA: 

(1) Minimum wire size requirements 

in section 6 of UL 588; 

(2) sufficient strain relief 

requirements in sections 15, 71, 79, and 

SB15 of UL 588; or 

(3) overcurrent protection 

requirements in section 7 of UL 588. 

Standards incorporated by reference. 

Additionally, at the request of the Office 

of the Federal Register (‘‘OFR’’), the 

Commission is making a technical 

amendment to part 1120. This technical 

amendment adds a new section, 1120.4, 

listing all of the incorporations by 

reference (‘‘IBR’’) for products added to 

the substantial product hazard list. 

Thus, the IBR for hand-supported hair 

dryers and draw strings on children’s 

upper outwear is moved from § 1120.3 

to the new § 1120.4. No substantive 

change is being made to the rule 

regarding hand-supported hair dryers or 

drawstrings on children’s upper 

outerwear. The IBR for seasonal and 

decorative lighting products is also 

included in the new § 1120.4. 

Incorporation by reference. The OFR 

has regulations concerning 

incorporation by reference. 1 CFR part 

51. The OFR recently revised these 

regulations to require that, for a final 

rule, agencies must discuss, in the 

preamble of the rule, ways that the 

materials the agency incorporates by 

reference are reasonably available to 

interested persons and how interested 

parties can obtain the materials. In 

addition, the preamble of the rule must 

summarize the material. 1 CFR 51.5(b). 

In accordance with the OFR’s 

requirements, this preamble summarizes 

the relevant provisions of UL 588. Table 

1 in section I.D of this preamble 

summarizes the requirements of UL 588. 

Interested persons may purchase a copy 

of UL 588 from UL either through UL’s 

Web site, www.UL.com, or by mail at the 

address provided in the rule. A copy of 

the standard also can be inspected at the 

CPSC’s Office of the Secretary, U.S. 

Consumer Product Safety Commission, 

or at NARA, as provided in the rule. 


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Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Rules and Regulations 25225 

V. Commission Determination That 

Seasonal and Decorative Lighting 

Products That Lack Any One of Three 

Readily Observable Characteristics 

Present a Substantial Product Hazard 

To place a product (or class of 

products) on the list of substantial 

product hazards pursuant to section 

15(j) of the CPSA, the Commission must 

determine that: (1) The characteristics 

involved are ‘‘readily observable’’; (2) 

the characteristics are addressed by a 

voluntary standard; (3) the voluntary 

standard is effective in reducing the risk 

of injury associated with the consumer 

products; and (4) products are in 

substantial compliance with the 

voluntary standard. Accordingly, based 

on the information provided in this 

preamble, for seasonal and decorative 

lighting products, the Commission 

determines that: 

• Minimum wire size, sufficient 

strain relief, and overcurrent protection 

are all readily observable characteristics 

of seasonal and decorative lighting 

products. Measurement of minimum 

wire size and sufficient strain relief can 

be visually observed, and the presence 

of overcurrent protection can be visually 

observed; 

• minimum wire size, sufficient 

strain relief, and overcurrent protection 

in seasonal and decorative lighting 

products are addressed by a voluntary 

standard, UL 588. Minimum wire size is 

addressed in section 6 of UL 588. 

Sufficient strain relief is addressed in 

sections 15, 71, 79, and SB15 of UL 588. 

Overcurrent protection is addressed in 

section 7 of UL 588; 

• conformance to UL 588 has been 

effective in reducing the risk of injury 

from shock and fire associated with 

seasonal and decorative lighting 

products. From 1980 to 1996, the 

reported average number of deaths per 

year was 11.9, and the reported average 

number of nonfatal incidents per year 

was 44.8. After changes to the UL 

standard, from 2000 to 2014, the 

reported average number of deaths 

dropped to 3.0, and the reported average 

number of nonfatal incidents per year 

dropped to 36.3. Although decreasing 

numbers of death and injury may be a 

result of several factors, conformance 

with UL 588 coincided with, and likely 

contributed to, the decline in deaths and 

injuries associated with seasonal and 

decorative lighting products; and 

• seasonal and decorative lighting 

products sold in the United States 

substantially comply with UL 588. We 

estimate that more than 90 percent of 

seasonal and decorative lighting 

products for sale in the United States 

comply with the minimum wire size, 

sufficient strain relief, and overcurrent 

protection provisions in UL 588. 

VI. Effect of the 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. A rule 

under section 15(j) of the CPSA is not 

a consumer product safety rule, and 

thus, does not create a mandatory 

standard that triggers 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 has 

some 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 possibly to criminal penalties 

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

2070. 

A product that is or contains a 

substantial product hazard is also 

subject to corrective action under 

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

U.S.C. 2064(c) and (d). Thus, a rule 

issued under section 15(j) for seasonal 

and decorative lighting allows the 

Commission to order that a 

manufacturer, importer, distributor, or 

retailer of lighting products that do not 

contain one or more of the three 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 merchandize 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.’’ 

VII. Regulatory Flexibility Act Analysis 

The Regulatory Flexibility Act 

(‘‘RFA’’) requires that proposed and 

final rules be reviewed for the potential 

economic impact on small entities, 

including small businesses. 5 U.S.C. 

601–612. In the preamble to the 

proposed rule (79 FR at 62089) the 

Commission stated that the rule will not 

have a significant impact on a 

substantial number of small entities. 

This statement was based on CPSC 

staff’s review of the roughly 500 

companies that import seasonal and 

decorative lighting products into the 

United States, finding that a very high 

percentage, probably in excess of 90 

percent of lighting products sold in the 

United States, already conform to UL 

588. Although the Commission received 

comments stating that a rule would 

increase costs for manufacturers and 

consumers, none of the commenters 

included any data to support their 

contention. CPSC has not found any 

data that would alter the analysis 

provided in the NPR. Accordingly, the 

Commission finds that the rule will not 

have a significant impact on a 

substantial number of small businesses. 

VIII. 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 final rule to deem 

seasonal and decorative lighting 

products that do not contain one or 

more of three readily observable 

characteristics to be a substantial 

product hazard will not 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). 

IX. Paperwork Reduction Act 

The rule does not require any 

stakeholder to create, maintain, or 

disclose information. Thus, no 

paperwork burden is associated with 

this final rule, and the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520) does not apply. 

X. Preemption 

A rule under section 15(j) of the CPSA 

does not establish a consumer product 

safety rule. Accordingly, the preemption 

provisions in section 26(a) of the CPSA, 

15 U.S.C. 2075(a), do not apply to this 

rule. 


tkelley on DSK3SPTVN1PROD with RULES
25226 Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Rules and Regulations 

XI. Effective Date 

The preamble to the proposed rule 

stated that a final rule deeming that any 

seasonal and decorative lighting product 

that does not conform to sections 6, 7, 

15, 71, 79, and SB15 of UL 588 with 

regard to minimum wire size, sufficient 

strain relief, and overcurrent protection 

is a substantial product hazard would 

take effect 30 days after publication of 

the rule in the Federal Register. We 

received no comments on the effective 

date. Accordingly, the final rule will 

apply to seasonal and decorative 

lighting products imported or 

introduced into commerce on June 3, 

2015. 

List of Subjects in 16 CFR Part 1120 

Administrative practice and 

procedure, Clothing, Consumer 

protection, Household appliances, 

Imports, Incorporation by reference, 

Infants and children, Lighting. 

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 amends 16 CFR part 1120 

to read 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 (d) to 

read as follows: 

§ 1120.2 Definitions. 

* * * * * 

(d) Seasonal and decorative lighting 

product means portable, plugconnected, temporary-use lighting 

products and accessories that have a 

nominal 120 volt input voltage rating. 

Lighting products within the scope of 

the rule are factory-assembled with 

push-in, midget- or miniature-screw 

base lampholders connected in series or 

with candelabra- or intermediate-screw 

base lampholders connected in parallel, 

directly across the 120 volt input. Such 

lighting products include lighted 

decorative outfits, such as stars, 

wreathes, candles without shades, light 

sculptures, blow-molded (plastic) 

figures, and animated figures. Lighting 

products outside the scope of the rule 

include: Battery-operated products; 

solar-powered products; products that 

operate from a transformer or lowvoltage power supply; flexible lighting 

products incorporating non-replaceable 

series and series/parallel connected 

lamps enclosed within a flexible 

polymeric tube or extrusion; and 

portable electric lamps that are used to 

illuminate seasonal decorations. 

■ 3. In § 1120.3, republish the 

introductory text, revise paragraphs (a) 

and (b)(1), and add paragraph (c), to 

read as follows: 

§ 1120.3 Products deemed to be 

substantial product hazards. 

The following products or class of 

products shall be deemed to be 

substantial product hazards under 

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

(a) Hand-supported hair dryers that 

do not provide integral immersion 

protection in compliance with the 

requirements of section 5 of UL 859, or 

section 6 of UL 1727 (incorporated by 

reference, see § 1120.4). 

(b)(1) Children’s upper outerwear in 

sizes 2T to 16 or the equivalent, and 

having one or more drawstrings, that is 

subject to, but not in conformance with, 

the requirements of ASTM F 1816–97 

(incorporated by reference, see 

§ 1120.4). 

* * * * * 

(c) Seasonal and decorative lighting 

products that lack one or more of the 

following characteristics in 

conformance with requirements in 

sections 6, 7, 15, 71, 79, and SB15 of UL 

588 (incorporated by reference, see 

§ 1120.4): 

(1) Minimum wire size requirements 

in section 6 of UL 588; 

(2) Sufficient strain relief 

requirements in sections 15, 71, 79, and 

SB15 of UL 588; or 

(3) Overcurrent protection 

requirements in section 7 of UL 588. 

■ 4. Add § 1120.4 to read as follows: 

§ 1120.4 Standards incorporated by 

reference. 

(a) The standards required in this part 

are incorporated by reference (‘‘IBR’’) 

into this section with the approval of 

the Director of the Federal Register 

under 5 U.S.C. 552(a) and 1 CFR part 51. 

You may inspect all approved material 

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. 

(b) ASTM International, 100 Barr 

Harbor Drive, P.O. Box C700, West 

Conshohocken, PA 19428–2959 USA, 

telephone: 610–832–9585; http://

www2.astm.org/. 

(1) ASTM F 1816–97, Standard Safety 

Specification for Drawstrings on 

Children’s Upper Outerwear, approved 

June 10, 1997, published August 1998 

(‘‘ASTM F 1816–97’’), IBR approved for 

§ 1120.3(b). 

(2) [Reserved] 

(c) Underwriters Laboratories, Inc 

(‘‘UL’’), 333 Pfingsten Road, Northbrook, 

IL 60062 or through UL’s Web site: 

www.UL.com. 

(1) UL 588, Standard for Safety for 

Seasonal and Holiday Decorative 

Products, 18th Edition, approved 

August 21, 2000 (‘‘UL 588’’), IBR 

approved for § 1120.3(c). 

(2) UL 859, Standard for Safety for 

Household Electric Personal Grooming 

Appliances, 10th Edition, approved 

August 30, 2002, and revised through 

June 3, 2010 (‘‘UL 859’’), IBR approved 

for § 1120.3(a). 

(3) UL 1727, Standard for Safety for 

Commercial Electric Personal Grooming 

Appliances, 4th Edition, approved 

March 25, 1999, and revised through 

June 25, 2010 (‘‘UL 1727’’), IBR 

approved for § 1120.3(a). 

Alberta E. Mills, 

Acting Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2015–10342 Filed 5–1–15; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 890 

[Docket No. FDA–2014–N–1903] 

Medical Devices; Physical Medicine 

Devices; Classification of the Powered 

Lower Extremity Exoskeleton; 

Republication 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final order; republication. 

SUMMARY: The Food and Drug 

Administration (FDA or the Agency) is 

republishing in its entirety a final order 

entitled ‘‘Medical Devices; Physical 

Medicine Devices; Classification of the 

Powered Lower Extremity Exoskeleton’’ 

that published in the Federal Register 

on February 24, 2015. FDA is 

republishing to correct an inadvertent 

omission of information. FDA is 

classifying the powered lower extremity 

exoskeleton into class II (special 

controls). The special controls that will 

apply to the device are identified in this 

order and will be part of the codified 

language for the powered lower 

extremity exoskeleton’s classification. 

The Agency is classifying the device 


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