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[Federal Register: June 28, 2011 (Volume 76, Number 124)]
[Rules and Regulations]               
[Page 37636-37641]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn11-7]                         

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1120

 
Substantial Product Hazard List: Hand-Supported Hair Dryers

AGENCY: U.S. Consumer Product Safety Commission.

ACTION: Final rule.

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SUMMARY: The Consumer Product Safety Improvement Act of 2008 
(``CPSIA'') authorizes the U.S. Consumer Product Safety Commission 
(``Commission,'' ``CPSC,'' or ``we'') to specify, by rule, for any 
consumer product or class of consumer products, characteristics whose 
existence or absence shall be deemed a substantial product hazard under 
certain circumstances. We are issuing a final rule to determine that 
any hand-supported hair dryer without integral immersion protection 
presents a substantial product hazard.

DATES: The rule takes effect July 28, 2011. The incorporation by 
reference of the publications listed in this rule is approved by the 
Director of the Federal Register as of July 28, 2011.

[[Page 37637]]

FOR FURTHER INFORMATION CONTACT: Sheela Kadambi, Office of Compliance 
and Field Operations, U.S. Consumer Product Safety Commission, 4330 
East West Highway, Bethesda, MD 20814; telephone (301) 504-7561, 
skadambi@cpsc.gov.

SUPPLEMENTARY INFORMATION:

A. Background and Statutory Authority

    The Consumer Product Safety Improvement Act of 2008 (``CPSIA'') was 
enacted on August 14, 2008. Public Law 110-314, 122 Stat. 3016 (August 
14, 2008). The CPSIA amends statutes that the Commission administers, 
and adds certain new requirements.
    Section 223 of the CPSIA expands section 15 of the Consumer Product 
Safety Act (``CPSA'') to add a new subsection (j). That subsection 
delegates authority to the Commission to specify by rule, for a 
consumer product or class of consumer products, characteristics whose 
presence or absence the Commission considers a substantial product 
hazard. To issue such a rule, the Commission must determine that those 
characteristics are readily observable and have been addressed by an 
applicable voluntary standard. The Commission must also find that the 
standard has been effective in reducing the risk of injury and that 
there has been substantial compliance with it. 15 U.S.C. 2064(j).
    Underwriters Laboratories' (``UL'') Standard for Safety for 
Household Electric Personal Grooming Appliances, UL 859, is a voluntary 
standard that specifies immersion protection requirements for certain 
household appliances, including hand-supported hair dryers. The current 
immersion protection provisions have been in effect since 1991. UL's 
Standard for Safety for Commercial Electric Personal Grooming 
Appliances, UL 1727, specifies immersion protection requirements for 
grooming appliances, including hand-supported hair dryers, which are 
``intended for use by qualified personnel in commercial establishments 
such as beauty parlors, barber shops, or cosmetic studios.'' Since 
1994, UL 1727 has required the same integral immersion protection as UL 
859. Such ``commercial,'' hand-supported hair dryers may be consumer 
products if they are available for sale to, or use by, consumers.
    Hand-supported hair dryers, most often used in bathrooms and near 
water, are subject to accidental immersion during their use. Section 
15(a) of the CPSA defines ``substantial product hazard'' to include: A 
product defect that (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. 15 
U.S.C. 1064(a)(2).
    On November 25, 2002, the CPSC's Director of the Office of 
Compliance sent a letter to manufacturers and importers of hand-
supported hair dryers, stating that CPSC staff considers hair dryers 
available for sale to, or use by, consumers to present a substantial 
product hazard if they do not have immersion protection as required by 
UL 859. The letter urged manufacturers and importers to ensure that 
their hand-supported hair dryers provide immersion protection. The 
letter noted: ``[s]ome firms market hand held hair dryers that they 
contend are intended for professional use only, that is, for use by 
professionals in hair salons. However, CPSC staff also considers 
`professional' hair dryers that are available for sale to consumers and 
that fail to provide immersion protection to be defective and to 
present a substantial product hazard.''
    On May 17, 2010, we published a proposed rule (75 FR 27504) that 
would deem any hand-supported hair dryer without integral immersion 
protection, as specified in UL 859 or UL 1727, to be a substantial 
product hazard. (The proposal referred to ``hand-held'' hair dryers; 
however, as explained in section G.2 of this preamble, the final rule 
uses the term ``hand-supported,'' which is more consistent with the UL 
standards.)
    We received six comments in response to the proposed rule. We 
describe and respond to the comments in section G of this preamble.

B. The Product

    A hand-supported hair dryer is a portable electrical appliance with 
a cord-and-plug connection. Typically, such hair dryers have a big, 
barrel-like body with a pistol grip handle. Frequently, they have two 
control switches or knobs: One turns the unit on and off and may allow 
the user to adjust the blower speed; the second adjusts the heat 
setting, often labeled ``cool/low/high.'' Hand-supported hair dryers 
routinely contain open-coil heating elements that are, in essence, 
uninsulated, electrically energized wires, across which a fan blows 
air. These dryers are typically used in bathrooms near water sources, 
such as sinks, bathtubs, and lavatories. If the uninsulated heating 
element were to contact water, an alternative current flow path could 
easily be created, posing the risk of shock or electrocution to the 
user holding the dryer (or retrieving it after dropping it into a sink, 
bathtub, or lavatory).
    The power cords of hand-supported hair dryers with integral 
immersion protection on the market today have a large, block-shaped 
plug that incorporates a type of circuit interrupter-- a Ground Fault 
Circuit Interrupter (``GFCI''), an Appliance Leakage Circuit 
Interrupter (``ALCI''), or an Immersion Detection Circuit Interrupter 
(``IDCI''). Usually, the plug also has buttons labeled ``Test'' and 
``Reset.'' If the hair dryer should become wet or immersed in water, 
enough to cause electrical current to flow beyond the normal circuitry, 
the circuit interrupter will sense the flow and, in a fraction of a 
second, disconnect the hair dryer from its power source, preventing 
serious injury or death to a consumer.
    An estimated 23 million units of hand-supported hair dryers are 
sold annually. CPSC staff does not know exactly how many companies 
supply hand-supported hair dryers. The preamble to the proposed rule 
stated the number of companies listed as complying with the UL 
standards as follows. Sixteen suppliers of hand-supported hair dryers 
are listed in the UL Online Certifications Directory as being in 
compliance with UL 859. An additional 42 companies are listed in the 
Intertek ETL Listed Mark Product Directory as complying with the UL 859 
standard. Ten firms are listed to the UL 1727 standard on UL's Online 
Certifications Directory, and another four firms are listed in the 
Intertek ETL Listed Mark Product Directory as being in compliance with 
UL 1727. In 2007, the three largest suppliers listed accounted for 
approximately 92 percent of domestic sales of hand-supported hair 
dryers.

C. The Risk of Injury

    The proposed rule summarized relevant incident data reported during 
the period from 1980 to 2007, involving hand-supported hair dryers. We 
repeat and update that information here.

1. Incident Data in the Proposed Rule

    The preamble to the proposed rule reviewed the incident data 
available at that time. As noted in that preamble, a total of 43 
electric shock injuries due to hair dryer immersion/water contact, were 
reported to CPSC staff from 1984 through 2004. Of these electric shock 
injuries, the most incidents (33) occurred before 1990, compared to 7 
from 1991 through 1997, and 3 from 1998 through 2004. Although these 
are small numbers of reports, they indicate that the number of reported 
injuries due

[[Page 37638]]

to electric shock from hair dryer immersion/water contact decreased 
after 1990.
    During 1980 through 1986, before the introduction of the initial UL 
requirements for hair dryers, a total of 110 electrocutions (15.7 
annual average) were reported due to hair dryer immersion/water 
contact. In 1987, UL implemented a change to voluntary standard UL 859 
to require immersion protection for hand-supported hair dryers if the 
dryer switch was in the ``off'' position. During the period 1987 
through 1990, a total of 39 such electrocutions (9.75 annual average) 
were reported. In 1991, a revision to the UL standard requiring 
immersion protection in the ``off'' as well as the ``on'' position took 
effect. From 1991 through 1997, immediately following the time when the 
enhanced standard took effect, a total of 12 electrocutions (1.71 
annual average) were reported. From 1998 through 2007, a period when 
most hair dryers made before 1991 were likely to be out of use, three 
electrocutions (0.3 annual average) were reported.

2. Incident Data Update

    In preparation for the final rule, we reviewed data for the 
timeframe between 2006 and 2010. No new electrocutions associated with 
a hair dryer immersed in, or contacting water, have been reported since 
we published the proposed rule. There were reports of deaths associated 
with hair dryers, but these were not related to immersion in, or 
contact with, water. (Two reported deaths in 2008 were attributed to a 
fire started by a hairdryer igniting a couch; two reported deaths in 
2010 were attributed to a fire started by a hairdryer igniting a 
mattress; and one reported death in 2010 was attributed to thermal 
injuries resulting from a running hairdryer). Data collection is 
ongoing for the years 2008 through 2010.

D. Voluntary Standards

    Hand-supported hair dryers are included in UL 859, Standard for 
Safety for Household Electric Personal Grooming Appliances. In 1985, UL 
revised this standard to require protection against electrocution when 
a hair dryer is plugged into an electrical outlet, with its switch in 
the ``off'' position, and is immersed in water. The requirement took 
effect in October 1987. Between 1987 and 1990, the average number of 
reported deaths from hair dryer immersion/water contact dropped to 
approximately 10 deaths per year.
    In 1990, the National Electrical Code (``NEC'') (Article 422-24, 
1990 edition) instituted requirements for protection against 
electrocutions from immersion of hair dryers when the switch is in 
either the ``on'' or the ``off'' position.
    In 1987, UL, in keeping with the NEC, revised its immersion 
protection standard to require that ``a hand-supported hair-drying 
appliance (such as a hair dryer, blower-styler, heated air comb, heated 
air hair curler, curling iron-hair dryer combination, wall-hung hair 
dryer or hand unit of a wall-mounted hair dryer, or similar appliance) 
shall be constructed to reduce the risk of electric shock when the 
appliance is energized, with its power switch in either the ``on'' or 
``off'' position, and immersed in water having an electrically 
conductive path to ground.'' This revision, which took effect on 
January 1, 1991, expanded immersion protection to cover the appliance 
whether the switch was in the ``on'' or ``off'' position.
    As discussed in section C of this preamble, the reported incidents 
of death from immersion-related electrocutions involving hand-supported 
hair dryers decreased significantly with implementation of immersion 
protection requirements in UL 859. The average number of reported hand-
supported hair dryer electrocutions resulting in death is now less than 
one per year.
    UL 1727, Standard for Safety for Commercial Electric Personal 
Grooming Appliances, originally issued in 1986, was revised to include 
the same integral immersion protection as UL 859 after the full 
immersion protection requirements in UL 859 proved to be effective. The 
revised requirements in UL 1727 became effective on March 31, 1994.

E. Recalls

    As noted in section A of this preamble, in November 2002, the 
Director of the Office of Compliance sent a letter to importers and 
manufacturers of hand-supported hair dryers indicating CPSC staff's 
expectation that such hair dryers should have immersion protection and 
that staff would consider hand-supported hair dryers to present a 
substantial product hazard if they did not include such protection. The 
preamble to the proposed rule noted that, between January 1, 1991, and 
the time when we developed the proposed rule, there had been 30 recalls 
of hand-supported hair dryers due to lack of an immersion protection 
device (75 FR at 27506).
    Since April 1, 2010, there have not been any recalls of hand-
supported hair dryers without immersion protection. Shipments of hand-
supported hair dryers without immersion protection have been seized at 
ports of entry and destroyed.

F. Substantial Compliance

    There is no statutory definition of ``substantial compliance'' in 
either the CPSIA or the CPSA. Legislative history of the CPSA provision 
that is related to issuance of consumer product safety standards 
indicates that substantial compliance should be measured by reference 
to the number of complying products, rather than the number of 
manufacturers of products complying with the standard. H.R. Rep. No. 
208, 97th Cong., 1st Sess. 871 (1981). Legislative history of this CPSA 
rulemaking provision also indicates that there is substantial 
compliance when the unreasonable risk of injury associated with a 
product will be eliminated or adequately reduced ``in a timely 
fashion.'' Id. The Commission has not taken the position that there is 
any particular percentage that constitutes substantial compliance. 
Rather than any bright line, the Commission has indicated in the 
rulemaking context that the determination needs to be made on a case-
by-case basis.
    As noted in section B of this preamble, CPSC staff estimates that 
sales of hand-supported hair dryers are about 23 million units 
annually. As of the date of the publication of the proposed rule, there 
are 16 suppliers of hand-supported hair dryers listed in the UL Online 
Certifications Directory, and an additional 42 suppliers are listed in 
the Intertek ETL Listed Mark Product Directory as supplying hand-
supported hair dryers that are compliant with UL 859. Ten firms are 
listed to the UL 1727 standard on UL's Online Certifications Directory, 
and another four firms are listed in the Intertek ETL Listed Mark 
Product Directory as being in compliance with UL 1727.
    In 2007, the three largest suppliers listed accounted for 
approximately 92 percent of the domestic sales of hand-supported hair 
dryers. Additional retailers are also listed as supplying hand-
supported hair dryers that are in compliance with the UL standards. 
Since the three largest suppliers (which are listed as producing hair 
dryers that comply with the UL standards) account for 92 percent of the 
domestic sales of hand-supported hair dryers, and additional companies 
are also listed as producing complying hand-supported hair dryers, we 
estimate that more than 95 percent of hand-supported hair dryers for 
sale in this country comply with the UL standards. Therefore, the 
Commission determines that there is

[[Page 37639]]

substantial compliance with UL 859 and UL 1727.

G. Comments on the Proposed Rule and CPSC's Responses

    In the Federal Register of May 17, 2010 (75 FR 27504), we published 
a proposed rule that would specify that any hand-supported hair dryer 
without integral immersion protection presents a substantial product 
hazard. We received six comments that raised three particular issues. 
In general, all six commenters supported the proposed rule, although 
some commenters asked a question or sought clarification. We summarize 
and respond to the issues raised by those comments here.

1. Level of Compliance

    Comment: One commenter noted that, in the preamble to the proposed 
rule, we estimated that more than 95 percent of the hand-supported hair 
dryers sold in the United States comply with the applicable UL 
standards and that this constitutes substantial compliance. The 
commenter suggested that we consider 100 percent compliance to the 
standards to be substantial compliance.
    Response: Our goal is for all hand-supported hair dryers to have 
integral immersion protection. The statutory provision requires us to 
determine that there is substantial compliance with an applicable 
voluntary standard as one criterion for placing a product on the 
substantial product hazard list pursuant to section 15(j) of the CPSA. 
The Random House Dictionary of the English Language defines 
``substantial'' as ``of ample or considerable amount, quantity, size, 
etc.'' Thus ``substantial'' refers to an amount less than ``all'' or 
``total.'' We believe that, in this context, substantial compliance can 
be something less than 100 percent compliance.

2. Hand-Supported Instead of Hand-Held

    Comment: Two commenters suggested changing the term ``hand-held'' 
to ``hand-supported'' to be more consistent with the wording of UL 859 
and UL 1727. The commenters noted that the UL standards have a 
definition for ``hand-held'' that is used in a different context than 
that intended by the Commission.
    Response: We agree with the commenters. UL 859 and UL 1727 use the 
terms ``hand-held'' and ``hand-supported.'' Underwriters' Laboratories 
uses the phrase ``hand-held'' to refer to appliances that are not fully 
supported by the hand, even though they are in contact with the hand. 
An upright vacuum cleaner is an example of this meaning of ``hand-
held.'' The user's hand is in contact with the appliance and guides the 
appliance during use; but the weight of the vacuum cleaner is supported 
by the floor. UL defines a ``hand-supported'' device as ``an appliance 
that is physically supported by the hand of the user during the 
performance of its intended functions.'' Thus, the term ``hand-
supported'' describes more accurately the situation with hair dryers. 
Using the term ``hand-supported'' in the same context as the UL 
standards will promote consistency and avoid confusion. We have 
modified the definition in Sec.  1120.2(b), as well as in related text 
and preamble discussion, to refer to ``hand-supported hair dryers.''

3. Not a Consumer Product Safety Rule

    Comment: One commenter suggested that we clarify the rule to state 
explicitly that it does not establish a consumer product safety rule 
and that no general conformity certificates are required under section 
14(a) of the CPSA.
    Response: The commenter is correct that this rule does not 
establish a consumer product safety rule, so manufacturers of hand-
supported hair dryers do not have to test and certify their products 
for compliance with this rule. This point is clarified in section J of 
this preamble.

H. Description of the Final Rule

    The final rule creates a new part 1120 titled, ``Substantial 
Product Hazard List,'' and names as the first product group on the list 
any hand-supported hair dryer without integral immersion protection.

1. Authority (Sec.  1120.1)

    Section 1120.1 restates the statutory criteria required for the 
Commission to determine that a consumer product, or class of consumer 
products, have characteristics whose existence or absence present a 
substantial product hazard under section 15(a)(2) of the CPSA.

2. Definitions (Sec.  1120.2)

    Section 1120.2 defines the terms ``substantial product hazard'' and 
``hand-supported hair dryer.'' The definition of ``substantial product 
hazard'' comes from section 15(a)(2) of the CPSA and means ``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.'' This 
definition is unchanged from the proposed rule.
    As explained in section G.2 of this preamble, the final rule refers 
to ``hand-supported hair dryer'' instead of ``hand-held hair dryer.'' 
The definition remains the same as in the proposed rule and states that 
a ``hand-supported dryer'' is ``an electrical appliance, intended to be 
held with one hand during use, which creates a flow of air over or 
through a self-contained heating element for the purpose of drying 
hair.''

3. Products Deemed To Be Substantial Product Hazards (Sec.  1120.3)

    Section 1120.3 establishes a list of products, or class of 
products, that the Commission deems to be substantial product hazards 
under section 15(a)(2) of the CPSA. It states that hand-supported hair 
dryers lacking integral immersion protection in compliance with the 
requirements of section 5 of the UL Standard for Safety for Household 
Electric Personal Grooming Appliances, UL 859 (10th Edition, approved 
August 30, 2002, and revised through June 3, 2010) or section 6 of the 
UL Standard for Safety for Commercial Electric Personal Grooming 
Appliances, UL 1727 (4th Edition, approved March 25, 1999, and revised 
through June 25, 2010) are deemed substantial product hazards. The 
final rule incorporates by reference those sections of UL 859 and UL 
1727 and states where one may obtain a copy of the UL standards.

I. Commission Determination That Hand-Supported Hair Dryers Without 
Integral Immersion Protection 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, we 
must determine that: (1) The characteristics whose existence or absence 
present a substantial product hazard are readily observable; (2) those 
characteristics have been addressed by voluntary standards; (3) the 
relevant voluntary standards have been effective in reducing the risk 
of injury from the consumer product; and (4) there is substantial 
compliance with the voluntary standards. We find that hand-supported 
hair dryers without integral immersion protection meet these criteria.
     The characteristics of a hand-supported hair dryer with 
integral immersion protection are readily observable. A hair dryer that 
has such protection will have a large block-shaped plug that contains 
some type of circuit interrupter.
     Integral immersion protection has been addressed by UL 589 
and UL 1727. Both of those standards require that

[[Page 37640]]

hand-supported hair dryers have integral immersion protection.
     These standards have been very effective in reducing 
deaths and electric shock injuries due to hair dryer immersion or 
contact with water. From 1980 to 1986 (before the initial UL 
requirements took effect), a total of 110 electrocutions (15.7 annual 
average) were reportedly due to hair dryer immersion/water contact. 
Only three electrocutions were reported between 1998 and 2007, and we 
have no reports of electrocutions associated with a hair dryer immersed 
in, or contacting water, for the period from 2006 through 2010.
     There is substantial compliance with the voluntary 
standards' requirements. We estimate that more than 95 percent of hand-
supported hair dryers for sale in the United States comply with the 
immersion protection provisions of the UL standards.

J. Effect of Section 15(j) Rule

    Section 15(j) of the CPSA authorizes us 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. This rule, which falls under section 15 of the CPSA, is not a 
consumer product safety rule and does not create a consumer product 
safety standard. Thus, the rule does not trigger any testing or 
certification requirements under section 14(a) of the CPSA.
    Although the final rule does not establish a consumer product 
safety standard, placing a consumer product on this substantial product 
hazard list has certain consequences. 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 who fails 
to report a substantial product hazard to the Commission is subject to 
civil penalties under section 20 of the CPSA and possibly is subject to 
criminal penalties under section 21 of the CPSA. 15 U.S.C. 2069, 2070.
    A product that is or contains a substantial product hazard is 
subject to corrective action under section 15(c) and (d) of the CPSA. 
15 U.S.C. 2064(c), (d). Thus, the Commission can order the 
manufacturer, distributor, or retailer of the product to offer to 
repair or replace the product, or to refund the purchase price to the 
consumer.
    Finally, a product that is offered for import into the United 
States, and is or contains a substantial product hazard, must be 
refused admission into the United States under section 17(a) of the 
CPSA. 15 U.S.C. 2066(a).

K. Regulatory Flexibility Certification

    The Regulatory Flexibility Act (``RFA'') generally requires that 
agencies review proposed and final rules for their potential economic 
impact on small entities, including small businesses. 5 U.S.C. 601-612. 
In the preamble to the proposed rule (75 FR at 27506 through 27507), we 
noted that the majority of hair dryers sold in the United States are 
already UL-listed, and because the majority of businesses (both large 
and small) are already in compliance with the voluntary standard, the 
rule is not expected to pose a significant burden to small business. 
Therefore, we certified that, in accordance with section 605 of the 
RFA, the rule, if promulgated, would not have a significant economic 
impact on a substantial number of small entities. We received no 
comments concerning the rule's impact on small business, and we are not 
aware of any information that would change our certification.

L. Environmental Considerations

    In the preamble to the proposed rule (75 FR at 27507), we stated 
that a rule that determines that hand-supported hair dryers without 
immersion protection in accordance with UL 859 or UL 1727 present a 
substantial product hazard is not expected to have an adverse impact on 
the environment and is considered to be a ``categorical exclusion'' for 
the purposes of the National Environmental Policy Act (``NEPA''), 
according to the CPSC regulations that cover its ``environmental 
review'' procedures (16 CFR 1021.5(c)(1)). We did not receive any 
comments on the environmental impact of the rule. We affirm that this 
rule falls within a categorical exclusion for purposes of NEPA.

M. Paperwork Reduction Act

    The final rule does not impose any information collection 
requirements. Accordingly, the final rule is not subject to the 
Paperwork Reduction Act, 44 U.S.C. 3501-3520.

N. Effective Date

    The preamble to the proposed rule indicated that a final rule 
establishing that any hand-supported hair dryer without immersion 
protection, as specified in UL 859 or UL 1727, is a substantial product 
hazard, would take effect 30 days from its date of publication in the 
Federal Register. We received no comments regarding the effective date. 
Accordingly, the final rule will apply to hand-supported hair dryers 
imported or introduced into commerce on July 28, 2011.

O. Preemption

    The final rule places hand-supported hair dryers without integral 
immersion protection on a list of products that present a substantial 
product hazard. The rule does not establish a consumer product safety 
standard. The preemption provisions in section 26(a) of the CPSA, 15 
U.S.C. 2075(a), apply when a consumer product safety standard is in 
effect. Therefore, section 26(a) of the CPSA does not apply to this 
rule.

List of Subjects in 16 CFR 1120

    Administrative practice and procedure, Consumer protection, 
Household appliances, Imports, Incorporation by reference.

    Therefore, the Commission amends Title 16 of the Code of Federal 
Regulations by adding part 1120 to read as follows:

PART 1120--SUBSTANTIAL PRODUCT HAZARD LIST

Sec.
1120.1 Authority.
1120.2 Definitions.
1120.3 Products deemed to be substantial product hazards.

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

Sec.  1120.1  Authority.

    Under the authority of section 15(j) of the Consumer Product Safety 
Act (CPSA), the Commission determines that consumer products or classes 
of consumer products listed in Sec.  1120.3 of this part have 
characteristics whose existence or absence present a substantial 
product hazard under section 15(a)(2) of the CPSA. The Commission has 
determined that the listed products have characteristics that are 
readily observable and have been addressed by a voluntary standard, 
that the voluntary standard has been effective, and that there is 
substantial compliance with the voluntary standard. The listed products 
are subject to the reporting requirements of section 15(b) of the CPSA 
and to the recall provisions of section 15(c) and (d) of the CPSA, and 
shall be refused entry into the United States under section 17(a)(4) of 
the CPSA.

Sec.  1120.2  Definitions.

    The definitions in section 3 of the Consumer Product Safety Act (15 
U.S.C. 2052) apply to this part 1120.
    (a) Substantial product hazard means a product defect which 
(because of the pattern of defect, the number of defective products 
distributed in commerce, the severity of the risk, or

[[Page 37641]]

otherwise) creates a substantial risk of injury to the public.
    (b) Hand-supported hair dryer means an electrical appliance, 
intended to be held with one hand during use, which creates a flow of 
air over or through a self-contained heating element for the purpose of 
drying hair.

Sec.  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 Underwriters Laboratories (UL) Standard for Safety for Household 
Electric Personal Grooming Appliances, UL 859, 10th Edition, approved 
August 30, 2002, and revised through June 3, 2010, or section 6 of UL 
Standard for Safety for Commercial Electric Personal Grooming 
Appliances, UL 1727, 4th Edition, approved March 25, 1999, and revised 
through June 25, 2010. The Director of the Federal Register approves 
these 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; telephone 888-853-3503; http://www.comm-2000.com . 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/code_of_federal_regulations/ibr_locations.html.
    (b) [Reserved]

    Dated: June 22, 2011.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2011-15981 Filed 6-27-11; 8:45 am]
BILLING CODE 6355-01-P
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