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[Federal Register Volume 80, Number 22 (Tuesday, February 3, 2015)]
[Proposed Rules]
[Pages 5701-5713]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02021]

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1120

[CPSC Docket No. CPSC-2015-0003]

Substantial Product Hazard List: Extension Cords

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is 
proposing a rule to specify that extension cords (both indoor and 
outdoor use extension cords) that do not contain one or more readily 
observable characteristics set forth in the proposed rule constitute a 
substantial product hazard under the Consumer Product Safety Act 
(CPSA). The rule would amend 16 CFR part 1120, which lists products 
that the Commission has determined present a substantial product hazard 
if the products have or lack specified characteristics that are readily 
observable, have been addressed by a voluntary standard, such standard 
has been effective in reducing the risk of injury associated with the 
product, and there is substantial compliance with the standard.

DATES: Written comments must be received by April 20, 2015.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2015-
0003, by any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: http://www.regulations.gov. Follow the 
instructions for submitting comments. The Commission does not accept 
comments submitted by electronic mail (email), except through 
www.regulations.gov. The Commission encourages you to submit electronic 
comments by using the Federal eRulemaking Portal, as described above.
    Written Submissions: Submit written submissions by mail/hand 
delivery/courier to: Office of the Secretary, Consumer Product Safety 
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; 
telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and docket number for this notice. All comments received may be posted 
without change, including any personal identifiers, contact 
information, or other personal information provided, to: http://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
that you do not want to be available to the public. If furnished at 
all, such information should be submitted in writing.
    Docket: For access to the docket to read background documents or 
comments received, go to: http://www.regulations.gov, and insert the 
docket number CPSC-2015-0003, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Arthur Lee, Office of Hazard 
Identification and Reduction, Consumer Product Safety Commission, 
National Product Testing and Evaluation Center, 5 Research Place, 
Rockville, MD 20850; telephone: 301-987-2008; alee@cpsc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The Commission proposes to issue a rule under section 15(j) of the 
CPSA, 15 U.S.C. 2064(j), which would amend the substantial product 
hazard list in 16 CFR part 1120 (part 1120). The substantial product 
hazard list in part 1120 would be amended to add extension cords that 
lack certain readily observable characteristics. Four characteristics 
apply to all general-use extension cords (indoor and outdoor extension 
cords including indoor seasonal extension cords):
    (1) Minimum wire size;
    (2) sufficient strain relief;
    (3) proper polarity; and
    (4) proper continuity.
    In addition, one characteristic (outlet covers) applies to certain 
2-wire indoor extension covers and one characteristic (jacketed 
insulated cord) applies to outdoor extension cords. Under the proposed 
amendment to part 1120, extension cords that do not contain one or more 
of the specified readily observable characteristics would be deemed to 
create a substantial product hazard under section 15(a)(2) of the CPSA 
because such products pose a risk of electrical shock or fire. These 
identified, readily observable characteristics for extension cords have 
been addressed in a voluntary standard, Underwriters Laboratories (UL), 
Standard for Cord Sets and Power-Supply Cords, UL 817, 11th Edition, 
dated March 16, 2001, revised February 3, 2014 (UL 817).\1\
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    \1\ The UL mark and logo are trademarks of UL, LLC (formerly 
known as Underwriters Laboratories, Inc.).
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    As detailed in this notice, the Commission determines preliminarily 
that:
     Minimum wire size; sufficient strain relief; polarization; 
continuity; outlet covers (for indoor cords); and flexible jacketed 
insulation (for outdoor cords) are all readily observable 
characteristics of extension cords;
     the identified readily observable characteristics are 
addressed by a voluntary standard, UL 817;
     conformance to UL 817 has been effective in reducing the 
risk of injury from shock and fire associated with indoor and outdoor 
extension cords; and
     extension cords sold in the United States substantially 
comply with UL 817.

A. Background and Statutory Authority

    Section 223 of the Consumer Product Safety Improvement Act of 2008 
(CPSIA), amended section 15 of the CPSA, 15 U.S.C. 2064, to add a new 
subsection (j). Section 15(j) of the CPSA provides the Commission with 
the authority to specify, by rule, for any consumer product or class of 
consumer products, characteristics whose existence or absence are 
deemed a

[[Page 5702]]

substantial product hazard under section 15(a)(2) of the CPSA. 15 
U.S.C. 2064(j). Section 15(a)(2) of the CPSA defines a ``substantial 
product hazard,'' in relevant part, as a product defect which (because 
of the pattern of defect, the number of defective products distributed 
in commerce, the severity of the risk, or otherwise) creates a 
substantial risk of injury to the public. For the Commission to issue a 
rule under section 15(j) of the CPSA, the characteristics involved must 
be ``readily observable'' and have been addressed by a voluntary 
standard. Moreover, the voluntary standard must be effective in 
reducing the risk of injury associated with the consumer products; and 
there must be substantial compliance with the voluntary standard. Id.
    The Commission has issued two previous final rules under section 
15(j) of the CPSA, codified in 16 CFR part 1120, involving drawstrings 
on children's upper outerwear (76 FR 42502, July 19, 2011) (drawstring 
rule) and integral immersion protection on handheld hair dryers (76 FR 
37636, June 28, 2011) (hair dryer rule). Additionally, on October 16, 
2014, the Commission issued a notice of proposed rulemaking to include 
seasonal and decorative lighting products in part 1120. 79 FR 62081. 
The Commission has not defined a ``readily observable'' characteristic 
in any rule. In the proposed drawstring rule (75 FR 27497, 27499, May 
17, 2010), the Commission found that the requirements detailed in the 
relevant voluntary standard could be evaluated with ``simple 
manipulations of the garment, simple measurements of portions of the 
garments, and unimpeded visual observation.'' The Commission stated: 
``more complicated or difficult actions to determine the presence or 
absence of defined product characteristics also may be consistent with 
`readily observable.''' The Commission stated its intent to evaluate 
``readily observable'' characteristics on a case-by-case basis. 75 FR 
at 27499. Finally, in the proposed rule on seasonal and decorative 
lighting, the Commission determined preliminarily that minimum wire 
size, sufficient strain relief, and overcurrent protection were 
``readily observable'' characteristics of lighting products through 
visual observation, or visual observation of a simple measurement. 79 
FR at 62082 & 62084-06.

B. Extension Cords

1. Product Description
    The proposed rule uses the phrase ``extension cord'' to identify 
the products that are within the scope of the rule. The Commission 
proposes to define an ``extension cord'' (also known as a cord set) as 
a length of factory-assembled flexible cord with an attachment plug or 
current tap as a line fitting and with a cord connector as a load 
fitting. Extension cords are used for extending a branch circuit supply 
of an electrical outlet to the power-supply cord of a portable 
appliance, in accordance with the National Electrical Code.[supreg] For 
purposes of the proposed rule, the term applies to extension cords that 
are equipped with National Electrical Manufacturer Association (NEMA) 
1-15, 5-15 and 5-20 fittings, and that are intended for indoor use only 
or for both indoor and outdoor use. We refer to cords intended for 
indoor use only as ``indoor cords'' and to cords intended for both 
indoor and outdoor use as ``outdoor cords.'' The term extension cord 
does not include detachable power supply cords, appliance cords, power 
strips and taps, and adaptor cords supplied with outdoor tools and yard 
equipment. The proposed definition is consistent with the description 
of products subject to the applicable voluntary standard, as set forth 
in section 1 of UL 817.
[GRAPHIC] [TIFF OMITTED] TP03FE15.000

    Picture 1 depicts products that come under the definition of 
``extension cord'' in the proposed rule. All in-scope products are 
covered by UL 817. Table 1 provides a non-exhaustive list of examples 
of extension cords that fall within and out of scope of the proposed 
rule. Not included in this rule are detachable power supply and 
appliance cords with non-NEMA fittings and adaptor cords supplied with 
outdoor tools and yard equipment because these are specific-purpose, 
rather than general-use, cords. The products that are out of scope for 
the proposed rule, are not subject to UL 817, or do not present the 
same risks of injury.

 Table 1--Extension Cords: Products Within and Outside the Scope of the
                              Proposed Rule
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In Scope:
Household extension cords, factory-assembled, 120 volts AC, including:
 Indoor or general-use cord sets, including seasonal indoor cord
 sets.
 Outdoor cord sets.

[[Page 5703]]

 
Out of Scope:
 Detachable power cords, either with appliance or other
 nonstandard plugs (e.g., accompanying electronic or other electrically
 powered items), or with fittings of different configurations (e.g., a
 clothes washer replacement cord with a plug at one end and individual
 wire terminals at the other end).
 Unassembled components, such as flexible cord or fittings,
 which may be assembled into extension cords or installed in permanent
 branch circuit wiring systems.
 Cord sets intended for use with non-branch-circuit household
 current, i.e., greater or less than nominal 120 volts AC (e.g., for use
 with 220 volt appliances, or for 15-50 ampere/125-250-volt recreational
 vehicles).
 Power strips, power taps, and surge protectors.
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2. Applicable Voluntary Standard
    The current voluntary standard applicable to extension cords is UL 
817-2014. UL has updated UL 817 over the years to address various 
safety issues to make extension cords safer, see Staff's Draft Proposed 
Rule to Add Extension Cords to the Substantial Product Hazard List in 
16 CFR part 1120, January 21, 2015 (Staff Briefing Package) Tab B, 
Extension Cords: Abbreviated History and the Associated UL Standards. 
The staff's briefing package is available on the CPSC's Web site at: 
http://www.cpsc.gov/Global/Newsroom/FOIA/CommissionBriefingPackages/2015/Proposed-Rule-to-Amend-Substantia-Product-Hazard-List-to-Include-Extension-Cords.pdf. Since 1987, the standard has addressed most of the 
identified, readily observable characteristics (minimum wire size, 
sufficient strain relief, proper polarization, proper continuity, 
outlet covers for indoor cords, and jacketed insulated cords for 
outdoor extension cords) that are included in this proposed rule.
    Many of the safety requirements for extension cords predate the 
existence of the CPSC. CPSC staff believes that UL incorporated 
requirements for polarized (and grounded) plugs and receptacles on cord 
sets around 1962. A CPSC staff search found that grounded plugs were 
developed as early as 1911, and polarized plugs became available in 
1914. The National Electrical Code (NEC) adopted requirements for 
polarized electrical outlets in 1948 and for grounded 120-volt 
receptacles in 1962.
    Table 2 summarizes the required characteristics in UL 817 
associated with all extension cords, as well as specific requirements 
for indoor and outdoor use extension cords.

                                             Table 2--Readily Observable Characteristics for Extension Cords
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                                                                              Readily observable characteristics
                                    --------------------------------------------------------------------------------------------------------------------
    General extension cord usage        Minimum wire size       Sufficient strain
                                              (AWG)                  relief           Proper polarization     Proper continuity      Protective feature
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Indoor, UL 817, Section 20.........  16AWG, or 17/18AWG      18AWG or larger must    Cord fittings must be  Plug and outlet        Outlet covers must be
                                      with integral           withstand 30 pound      polarized (NEMA1-15)   terminals must be      provided on unused
                                      overcurrent             force.                  or have a grounding    connected in           outlets on 2-wire
                                      protection.            UL 817, Section 84....   pin (NEMA5-15).        identical              parallel.
                                     UL 817, Sections 2.10,                          UL 817, Sections 9,     configuration (i.e.,  UL 817, Section 26.7
                                      21.                                             19.                    Hot-to-Hot, likewise
                                                                                                             for Neutral and
                                                                                                             Ground).
                                                                                                            UL 817, Sections 16,
                                                                                                             105.
Outdoor, UL 817, Section 30........  SAME..................  SAME..................  SAME.................  SAME.................  Jacketed flexible
                                     UL 817, Section 2.13,                           UL 817, Sections 31,                           cord.
                                      30.                                             32.                                          UL 817, Section 30
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3. Electrocution and Fire Hazards
    Consumers can be seriously injured or killed by electrical shocks 
or fires if extension cord products are not constructed properly. All 
extension cords covered by UL 817 must comply with requirements for 
minimum wire size, sufficient strain relief, proper polarization, and 
proper continuity. Meeting these requirements reduces the risk of 
injury caused by fires or electrical shocks.
     Wire size. Conforming to the minimum wire size requirement 
in UL 817 supports a product's electrical load to avoid the hazard of 
fire and electrical shock. When an extension cord does not contain the 
correct wire size for the load, the cord becomes hot and the insulation 
is degraded. Damaged insulation can fail by sagging, melting, or 
hardening and breaking apart, which can expose the energized wire 
inside the extension cord. Exposed energized wires present a risk of 
fire and electrical shock. Additionally, conforming to the minimum wire 
size requirement contributes to the necessary mechanical strength to 
endure handling and other forces imposed on an extension cord during 
expected use of the product.
     Strain relief. Conforming to the strain relief requirement 
in UL 817 helps to ensure that use of extension cords, including 
pulling and twisting the cords, does not cause mechanical damage to the 
connections and prevents separation of wires from their terminal 
connections during handling (pulled, twisted, etc.). Damaged 
connections, such as broken strands of copper wiring inside the 
insulated wiring, could cause overheating (leading to a fire) or 
separation of wires from their terminal connections, which could expose 
bare energized conductors, leading to electrical shock and fire.
     Proper polarity. An extension cord that conforms to the 
proper polarity requirements in UL 817 minimizes the risk of accidental 
contact with an energized conductor. Polarization clearly identifies 
the energized wire in the cord set and ensures, in conjunction with 
other construction requirements, that products, such as lighting, 
appliances, and other equipment plugged into the extension cord provide 
power in the same orientation as the

[[Page 5704]]

receptacle of the branch circuit. For example, a product that employs a 
power switch that must be located in the energized side of the power 
supply circuit will be supplied in the proper orientation, thus 
reducing the risk of electrical shock.
     Proper Continuity. An extension cord that conforms to 
continuity requirements in UL 817 provides a continuous conductive path 
from line to load fitting so that the cord can serve the function for 
which it is intended. For each terminal in the plug fitting, a 
corresponding conductor must be attached to the corresponding terminal 
in the load fitting. For example, a cord attached to a plug with a 
grounding pin must have a grounding conductor. Each wire in the cord 
also must be connected properly on each end so that, for example, the 
grounding pin of the plug on a three-wire cord is connected to the 
grounding socket on the outlet, and the energized blade on the plug is 
not wired to the non-energized receptacle on the outlet. Proper 
continuity from end to end reduces the risk of both fire and electrical 
shock.
    Indoor and outdoor extension cords each have one additional safety 
requirement that is also readily observable and reduces the risk of 
injury.
     Outlet covers. Indoor 2-wire parallel extension cords with 
polarized parallel-blade and -slot fittings must contain outlet covers. 
Outlet covers reduce the risk of injury to children, in particular, by 
minimizing the opportunity for a child to probe plugs with small 
objects or chew on the exposed receptacle surfaces, which can lead to 
hand or mouth burns and electrical shock.
     Jacketed cords. Outdoor extension cords must have jacketed 
cords. A jacketed cord protects the individual insulated wires from 
damage when exposed to weather and other conditions associated with 
outdoor use. An unjacketed extension cord used outdoors is susceptible 
to damage that can lead to exposed conductors, thus presenting a risk 
of shock and fire.
4. Risk of Injury
    CPSC has been concerned with the number of fires and injuries 
resulting from extension cords for many years. CPSC staff searched 
extension cord incident data from CPSC's Injury or Potential Injury 
Database (IPII) for both fatal and nonfatal incidents, and staff 
searched the Death Certificate Database (DTHS) for fatal incidents. 
Staff limited the scope of the incidents considered to incidents 
involving fire, burn, and shock hazards. Separate product codes do not 
exist in CPSC's databases for indoor and outdoor extension cords. 
Moreover, incident narratives often do not make clear which type of 
cord was involved. Accordingly, staff's analysis considers indoor and 
outdoor extension cords together.
    Staff's search of IPII data found 716 in-scope fatal extension cord 
incidents between 1980 and 2013. These incidents caused 1,078 deaths. 
The search of DTHS found 47 unique (not duplicates of incidents found 
in IPII) fatal, in-scope incidents that occurred between 1980 and 2013. 
These 47 incidents led to 47 deaths. In total, the two databases have 
763 fatal in-scope extension cord incidents that caused 1,125 deaths 
between 1980 and 2013.
    Table 3 shows the annual average number of incidents for five 
different periods for fatal incidents, deaths, and nonfatal incidents. 
The table breaks the 34-year period into four 7-year periods and a 6-
year period. Reporting may not be complete for the most recent period 
because sometimes CPSC receives reports of incidents years after the 
incidents have occurred. Table 3 shows a decline in the number of 
reported extension cord fire, burn, and shock fatal incidents, deaths, 
and nonfatal incidents in CPSC databases from the 1980s.

Table 3--Extension Cord Annual Average \2\ of Reported Fatal Incidents, Deaths, and Nonfatal Incidents From 1980-
                                                    2013 \3\
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                                                                       Fatal                         Nonfatal
                              Years                                  incidents        Deaths         incidents
----------------------------------------------------------------------------------------------------------------
1980-1986.......................................................            32.7            47.7           201.0
1987-1993.......................................................            27.7            46.6           178.7
1994-2000.......................................................            23.6            31.1           131.6
2001-2007.......................................................            15.9            21.7           112.3
2008-2013 \3\...................................................            10.7            15.8            51.0
----------------------------------------------------------------------------------------------------------------

5. Office of Compliance Efforts To Address Extension Cord Hazards
    In numerous instances, CPSC staff has considered the absence of one 
or more of the identified readily observable characteristics (minimum 
wire size, sufficient strain relief, proper polarization, proper 
continuity, outlet covers for indoor cords, and jacketed insulated 
cords for outdoor extension cords) to present a substantial product 
hazard and has sought appropriate corrective action to prevent injury 
to the public. From 1994 to August 2014, as shown in the Staff Briefing 
Package, Tab D, Extension Cords: Product Recalls and Import Stoppages, 
Table 1, CPSC staff obtained 29 voluntary recalls of extension cords 
involving a total of 3.2 million units. In addition to recalls, CPSC 
staff identified 54 shipments of extension cords at import involving a 
total of 160,000 units, in which extension cords may not have complied 
with UL 817. See Staff Briefing Package, Tab D, Table 2. Tables 1 and 2 
of Tab D list enforcement actions based on a staff preliminary 
determination of a substantial product hazard. Most of the hazards 
listed in Tables 1 and 2 correspond to the readily observable 
characteristics in the proposed rule. Accordingly, if the proposed rule 
is finalized, such nonconformance would constitute a Commission-
determined substantial product hazard under 16 CFR part 1120.
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    \2\ The numbers are given as annual averages instead of totals 
because the periods are not divided equally.
    \3\ A lag exists between when an incident occurs and when it 
appears in the data. The most recent years may be incomplete. For 
the IPII extension cord data, 99 percent of the nonfatal incidents 
have a lag time of less than 1 year. For the fatal IPII incidents, 
96 percent of the data have a lag time of less than 1 year. For 
DTHS, as of December 31, 2014, the database is 76 percent complete 
for 2013, 97 percent complete for 2012, 98 percent complete for 
2011, and 99 percent complete for 2009 and 2010.
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    Additionally, the Office of Compliance sent a letter dated January 
9, 2015 to manufacturers, importers, and retailers of extension cords, 
informing them that the Office of Compliance considers products that do 
not conform to the UL 817 requirements for the identified readily 
observable characteristics to be defective and to present a substantial 
product hazard. See Staff Briefing Package, Tab A, Office of Compliance 
January 9, 2015 Letter to Manufacturers, Importers, and Retailers

[[Page 5705]]

of Extension Cords. Accordingly, relevant stakeholders are on notice of 
the requirements of UL 817 and reporting requirements under section 15 
of the CPSA.

II. Preliminary Determination of Substantial Product Hazard

A. Defined Characteristics Are Readily Observable

    Sections 2, 9, 16, 19, 20, 21, 26, 30, 31, 32, 84, and 105 of UL 
817 set forth the requirements for the identified readily observable 
characteristics specified in the proposed rule: Minimum wire size, 
sufficient strain relief, proper polarization, proper continuity, 
outlet covers for certain 2-wire indoor cords, and jacketed insulated 
cords for outdoor extension cords. Table 2 in section I.B.2 of this 
preamble summarizes the technical requirements for the identified 
readily observable characteristics in UL 817. Additionally, Tab C of 
the Staff's Briefing Package, Extension Cords: Readily Observable 
Safety Characteristics, provides more detail on the information 
presented in Table 2. If finalized, the rule would deem the absence of 
any one or more of these specified characteristics to be a substantial 
product hazard under section 15(a)(2) of the CPSA.
1. Minimum Wire Size
    Section 2 of UL 817 specifies a ``general-use cord set'' using 
flexible cord as described in Table 20.1 of UL 817 with conductors 
sized 18, 17, 16, 14, 12, or 10 AWG terminated in a plug and outlet. 
Extension cords using flexible cord with conductors sized 18 or 17 AWG 
also require overcurrent protection.
    Minimum wire size is readily observable by measuring the bare 
conductors. Before measuring the wire size, staff must expose the 
conductors within the wire. Exposing the wire is done quickly and 
easily by using a small, handheld tool to strip the electrical 
insulation from the wiring. One method of measurement uses a circular 
wire gauge, which can determine if the wire size meets the minimum, as 
specified in UL 817. Picture 2 demonstrates use of a wire gauge to 
measure wire size. In Picture 2, the 16 AWG wire passes through the 16 
AWG slot but not through any of the thinner (numerically larger) AWG 
slots.
[GRAPHIC] [TIFF OMITTED] TP03FE15.001

    In CPSC staff's experience, extension cords that do not meet the 
minimum wire size requirement typically fail by using wiring that is 
substantially undersized for the product; staff has observed products 
that use wiring that is more than six wire sizes smaller than the 
minimum required.
    The Commission determines preliminarily that minimum wire size, as 
required in section 2 of UL 817, is a readily observable characteristic 
of extension cords that can be observed visually by taking a simple 
measurement of the product's bare wires.
2. Sufficient Strain Relief
    Section 84 of UL817 describes the strain relief test required for 
all extension cords. Section 84.2.1 specifies that cords with 18AWG or 
larger conductors must withstand a 30-pound pull force on the 
connection between the fitting and the cord. Section 84.2.2 of UL 817 
specifies that a weight must be steadily suspended from the cord for 1 
minute so that the cord is pulled directly from the fitting without the 
cord pulling loose or stretching from the plug/load fitting. In CPSC 
staff's experience, a lighting product with insufficient strain relief 
will typically

[[Page 5706]]

fail this test within a few seconds of suspending the applicable 
weight. CPSC engineering staff has found that equivalent results are 
accomplished by suspending a weight from the body of the fitting, as 
illustrated in Picture 3.
[GRAPHIC] [TIFF OMITTED] TP03FE15.002

    The Commission determines preliminarily that sufficient strain 
relief, as required in section 84 of UL 817, is a readily observable 
characteristic of extension cords that can be observed based on whether 
an extension cords stretches or breaks when suspending a 30-lb. weight 
from the plug and load fittings.
3. Proper Polarization
    Section 19 of UL 817 requires that all two-wire extension cords 
must have polarized fittings. Sections 31 and 32 of UL 817 require that 
all two-conductor outdoor extension cords must have polarized fittings 
and that grounding fittings must be used on three-conductor cords. 
General UL construction specifications on fittings (Section 9.3 of UL 
817) require that polarized outlets must reject improper or reversed 
insertion of polarized plugs to reduce the risk of shock.
    Proper polarization is readily observable by visually inspecting 
the plug for a difference in the slot and blade widths or for the 
presence of a grounding pin and a matching outlet opening. Another 
visually observable method to determine compliance to UL 817 is to 
insert the plug of the extension cord (or any polarized two-blade plug) 
into the outlet on the opposite end of the cord using every possible 
orientation. The plug must fit into the outlet in only one orientation. 
Pictures 4a and 4b demonstrate two types of polarized plugs. The 
extension cord shown in picture 4a meets the polarization requirement 
by using the slot and blade width method, and the extension cord shown 
in picture 4b meets the requirement using slot and blade width, and a 
grounding pin.
[GRAPHIC] [TIFF OMITTED] TP03FE15.003

    The Commission determines preliminarily that proper polarization, 
as required in sections 9, 19, 31, and 32 of UL 817, is a readily 
observable characteristic of extension cords that can be observed based 
on a visual inspection of the plug.
4. Proper Continuity
    Section 16 of UL 817 requires that corresponding terminals of line 
(plug) and load (outlet) fittings must be connected to the same 
conductor of the cord. Section 105 of UL 817 prescribes testing 
requirements for all manufactured extension cords so that the 
conductors are connected to the intended terminals of the fittings, and 
that electrical continuity exists throughout the entire length of the 
conductor/contact assembly. The wires of an extension cord must form 
continuous paths from one end to the other so the cord can serve the 
function for which it is intended. Each wire in the cord also must be 
properly connected on each end so that, for example, the grounding pin 
of the plug on a three-wire cord is connected to the grounding socket 
on the outlet, and the energized blade on the plug is not wired to the 
non-energized receptacle on the outlet.
    Continuity is readily observable by checking the plug and outlet 
connections using a simple battery-light continuity tester. A simple 
continuity tester can be purchased at hardware stores or from online 
retailers for $5 to

[[Page 5707]]

$7. For this procedure, insert one probe of the tester into a 
receptacle contact (slot or hole) of the extension cord and touch the 
other probe against each prong (blade or pin) of the extension cord 
plug. The tester light illuminates when the probes simultaneously touch 
the correct corresponding conductor terminals. An inexpensive portable 
ohmmeter or multimeter may also be used in a similar manner. The 
observation takes less than 1 minute. Picture 5 shows a battery light 
continuity tester with an extension cord.
[GRAPHIC] [TIFF OMITTED] TP03FE15.004

    The Commission determines preliminarily that proper continuity, as 
required in sections16 and 105 of UL 817, is a readily observable 
characteristic of extension cords that can be visually observed using a 
battery-light continuity tester.
5. Outlet Covers (Certain 2-Wire Indoor Extension Cords)
    Section 26.7 of UL 817 requires that an indoor 2-wire parallel 
extension cord with polarized parallel-blade and -slot fittings that 
has more than one outlet must have covers for all the additional 
outlets, as illustrated in Picture 6. Outlet covers are readily 
observable by visually verifying that all but one outlet has an outlet 
cover.
[GRAPHIC] [TIFF OMITTED] TP03FE15.005

    The Commission determines preliminarily that outlet covers on 
indoor 2-wire parallel extension cords with polarized parallel-blade 
and -slot fittings, as required in section 26 of UL 817, are a readily 
observable characteristic of indoor extension cords by visual 
inspection for the presence of the covers.
6. Jacketed Insulated Cords (Outdoor Extension Cords)
    Section 30 of UL 817 requires that extension cords for outdoor use 
be manufactured using jacketed insulated flexible cord, that is, a cord 
consisting of two or three insulated wires covered by an additional 
jacket of insulation.
    The required jacket is readily observable through visual 
observation of the thicker insulation on the cord. The jacket also is 
observable after cutting the cord. An outer insulator around the 
individual conductors is easily observed. Picture 7 depicts an example 
of a jacketed outdoor extension cord.

[[Page 5708]]

[GRAPHIC] [TIFF OMITTED] TP03FE15.006

    The Commission determines preliminarily that jacketed insulated 
cords on outdoor extension cords, as required in section 30 of UL 817, 
are a readily observable characteristic of outdoor extension cords by 
visual inspection.

B. Conformance to UL 817 Has Been Effective in Reducing the Risk of 
Injury

    The Commission determines preliminarily that conformance to 
sections 2, 9, 16, 19, 20, 21, 26, 30, 31, 32, 84, and 105 of UL 817, 
as summarized in Table 2 in section I.B.2 of this preamble, has been 
effective in reducing the risk of injury from shock and fire associated 
with extension cords. Additionally, the CPSC's incident data suggest 
that conformance to UL 817 has contributed to a decline in the risk of 
injury associated with extension cords. See Tab E of Staff's Briefing 
Package, Extension Cords: Fire or Shock Incidents from 1980 to 2013.
    Table 3 in section I.B.4 of this preamble lists the reported deaths 
associated with extension cords from 1980 to 2013.\4\ The 34-year 
period is broken up into four 7-year periods and a 6-year period. 
Although reporting may not be complete for the most recent period 
because sometimes CPSC receives reports of incidents years after the 
incidents have occurred, Table 3 demonstrates that the average numbers 
of fatal incidents, deaths, and nonfatal incidents have declined since 
1980.
---------------------------------------------------------------------------

    \4\ The numbers are given as annual averages instead of totals 
because the periods are not divided equally.
---------------------------------------------------------------------------

    Figure 1 presents a 3-year moving average for reported deaths due 
to extension cords, by year, for the period 1980-2013,\5\ for data from 
the Potential Injury Database (IPII), and the Death Certificate 
Database (DTHS). Figure 1 shows that the reported number of deaths has 
declined since as early as 1993, and continued on a downward trend to 
2013. This decrease may be due to various factors, such as changes to 
UL 817, home building codes, and fire-prevention strategies. The 
reduced number of reported deaths may be partially attributed to the 
construction and performance requirements in the current UL 817 
standard.
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    \5\ A lag exists between when an incident occurs and when it 
appears in the data. The most recent years may be incomplete. For 
the IPII extension cord data, 99 percent of the nonfatal incidents 
have a lag time of less than 1 year. For the fatal IPII incidents, 
96 percent of the data have a lag time of less than 1 year. For 
DTHS, as of December 31, 2014, the database is 76 percent complete 
for 2013, 97 percent complete for 2012, 98 percent complete for 
2011, and 99 percent complete for 2009 and 2010.
[GRAPHIC] [TIFF OMITTED] TP03FE15.007

    Figure 2 presents a 3-year moving average for nonfatal incidents 
due to extension cord products, by year, for the period 1980-2013, for 
data from IPII. Figure 2 also demonstrates an overall downward trend 
during this period, with the exceptions of yearly fluctuations. The 
decrease can be attributed to several factors, including:

[[Page 5709]]

Changes to UL 817, enhanced home building code requirements, and fire 
prevention strategies. The construction and performance requirements in 
the current UL 817 standard for extension cord products have made the 
products safer than products manufactured without these construction 
and performance requirements. As discussed above, the identified 
characteristics increase the safety of extension cords.
[GRAPHIC] [TIFF OMITTED] TP03FE15.008

C. Extension Cords Substantially Comply With UL 817

    The CPSA does not define ``substantial compliance'' with a 
voluntary standard. Legislative history of the CPSA regarding a finding 
of ``substantial compliance'' in the context of issuing a consumer 
product safety standard indicates that substantial compliance should be 
measured by considering the number of complying products rather than 
the number of manufacturers of products that comply with a standard. 
H.R. Rep. No. 208, 97th Cong., 1st Sess. 871 (1981). This same 
legislative history indicates further that substantial compliance may 
be found when an unreasonable risk of injury associated with a product 
will be eliminated or adequately reduced ``in a timely fashion.'' Id. 
The Commission has not articulated a bright line rule for substantial 
compliance. Rather, in the rulemaking context, the Commission has 
stated that the determination of substantial compliance should be made 
on a case-by-case basis.
    The Commission determines preliminarily that compliance with UL 817 
is ``substantial'' as that term is used in section 15(j) of the CPSA. 
This determination is based on CPSC staff's review of market 
information and compliance activity. Staff estimates that the current 
level of voluntary conformance to UL's standard for extension cords, UL 
817, is very high among units sold to consumers in the United States, 
likely in excess of 90 percent. See Tab F of Staff's Briefing Package, 
Extension Cords: Information about the Product and Level of Conformance 
to UL Voluntary Standard.
1. Market Data
    Limited information is available about the market for extension 
cords and about producers and sellers. A substantial majority of 
products that would be subject to the proposed rule appear to be 
imported, primarily from the People's Republic of China. Other 
exporting nations named in International Trade Commission (ITC) reports 
include Mexico, Germany, the Republic of China (Taiwan), and Canada. 
Some cord sets are produced domestically, and some of these are 
household products subject to UL 817; however, most domestically 
produced items appear to be intended for industrial or other commercial 
use. Based on contacts with industry representatives and a review of 
online listings, CPSC staff has identified only four domestic producers 
of extension cords that would be subject to the proposed rule.
    Imports of extension cords are enumerated under the ITC's 
Harmonized Tariff System of the United States (HTS) code 8544.42.9000, 
``insulated electric conductors, for a voltage not exceeding 1,000 
volts, fitted with connectors, not elsewhere specified or included.'' 
This category includes a wide variety of communication and energy 
transmission cables, components, and related products; data for 
extension cords are not reported separately. The HTS grouping is 
analogous to the North American Industry Classification System (NAICS) 
code 335999 for domestically produced miscellaneous electrical 
equipment and components; this NAICS code includes 40 distinct product 
subcategories, including many that are industrial or commercial 
products. The ITC reported that in 2013 the declared value of imports 
under this HTS code was about $2.8 billion, comprising about 775,000 
entry lines (i.e., individual shipments) by nearly 11,000 importers 
(including brokers and shipping companies that file bills of lading). 
Monthly ITC reports indicate that the category will increase by about 6 
percent in 2014, to approximately $3.0 billion in import value. 
Although no breakdowns of these published aggregate statistics are 
available, the large number of products involved suggests that only a 
small proportion of the volume and value of shipments under this HTS 
code likely are comprised of products that would be subject to the 
proposed rule.
    The ITC tariff database shows that the largest number of import 
shipments in 2013 originated from China. An online wholesale directory, 
GlobalSources.com, identified 77 suppliers (including trading 
companies) in China, Hong Kong, or Taiwan that export extension cords 
to the United States. Another product directory, Made-in-China.com, 
identified 798

[[Page 5710]]

Chinese suppliers of extension cords and other flexible cords. About 10 
to 15 members of the National Electrical Manufacturers Association 
(NEMA) produce or import extension cords, almost all from China. NEMA 
reports that all of its members market only UL-conforming products.
    Given the large number of firms involved in trade for the wide 
variety of products in the category, a small minority of such firms 
likely imports extension cords subject to UL 817; however, even if only 
10 percent were subject to the proposed rule, the number of firms would 
still be substantial at more than 1,000. Some importers market products 
only to wholesalers and retailers; other importers are also retailers 
that market directly to consumers, either online or through physical 
stores. CPSC staff has identified about 20 leading importers, most of 
which appear to be large, multinational firms; however, a great 
majority of the importers of extension cords likely are small 
businesses.
    Some of the leading importers market multiple brands of extension 
cords that would be covered by the proposed rule. Roughly 20 to 25 
national brands (including those of several major retailers) are 
dominant in the consumer market. Some of the lowest-priced products are 
unbranded.
2. Usage and Pricing
    According to the U.S. Census Bureau, from 2009 to 2013, there was 
an average of roughly 115 million U.S. households. Extension cords are 
ubiquitous; a substantial majority of households likely owns at least 
one cord set. Although no published estimates of usage are available, 
the number of extension cord-owning households may exceed 100 million. 
Furthermore, in view of the large number of electrical items found in 
homes, many households likely have multiple cord sets for indoor and 
outdoor use.
    Extension cords are generally low import value items. Based on the 
range of observed retail prices, most items probably have an import 
value (before distribution chain mark-ups) in the range of $1.00 to 
$10.00 per unit. Observed retail prices of extension cords range from a 
few dollars (for the least expensive indoor cord sets) to more than 
$100 (for the largest outdoor cord sets). CPSC staff observed that 
typical per-unit retail pricing is roughly $5.00 to $10.00 for indoor 
cord sets, and $15 to $30 for outdoor cord sets. Extension cords 
represent a minor expenditure for most households.
    Information on the numbers of indoor versus outdoor extension cords 
in use, and on the relative market share of each type, is not 
available. The indoor cord set dollar value market share is undoubtedly 
much smaller than the unit share because indoor cord sets, on average, 
are much lower in price than outdoor cord models.
3. Estimated Voluntary Conformance
    Recent data on extension cord recalls and import stoppages \6\ over 
the past decade show that relatively few of these products have been 
affected by enforcement actions. Fewer recalls occurred since 2004 (6 
recalls involving 6 importers and 775,000 units) compared to the 
previous decade (23 recalls involving 22 importers and 2.5 million 
units); this is generally consistent with the observed decline in 
reported fire and shock incidents since the late 1980s. The 54 reported 
import shipment stoppages since 2004 involved 23 importers but only 
about 160,000 units. Assuming that the Compliance data present a 
reasonably accurate view of nonconformance, the 29 importers and 
roughly 1 million products that were either involved in recalls or 
otherwise identified as potentially violative over the entire last 
decade represent less than 3 percent of the possible 1,000 importers 
and an unknown but small percentage of all units sold.
---------------------------------------------------------------------------

    \6\ Staff Briefing Package, Tab D, Extension Cords: Product 
Recalls and Import Stoppages.
---------------------------------------------------------------------------

    Three testing organizations certify U.S. market extension cords as 
conforming to UL 817: UL; Intertek Co. (ETL); and CSA Group (CSA, 
formerly known as the Canadian Standards Association). All three 
companies perform tests in accordance with the UL standard and sell 
listing mark rights to manufacturers, importers, or private labelers. 
Although some products may be defective and fail to conform even though 
the products carry a listing or certification mark, such incidents 
appear to be rare. Of the enforcement actions over the past decade 
described above, only one of the recalls and two of the import 
stoppages involved extension cords from importers who claim to offer 
only UL-conforming goods. For purposes of CPSC staff's analysis, all 
products carrying the UL, ETL, or CSA mark are presumed to be in 
conformance with UL 817. Leading major retailers appear to offer only 
UL-listed or similarly certified electrical products. Retailers' 
specifications may encourage many suppliers to offer only UL-conforming 
cord sets. Staff's review of retail store offerings and online catalogs 
and directories revealed two sellers of unlisted extension cords.
    Direct data on shipments of conforming versus nonconforming 
extension cords are not available; however, an approximation of likely 
UL 817 conformance can be made based on the following points:
     Staff's review of online catalogs and directories revealed 
20 to 25 major national brands of extension cords; such products are 
likely to represent a majority of all units sold for household use. All 
of these major brands are advertised to be UL-, ETL-, or CSA-listed. 
CPSC staff has identified only two domestic producers of cord sets that 
may not conform to UL 817 and has not identified any importers or other 
domestic manufacturers of unlisted cord sets.
     Major retailers appear to offer only products that conform 
to the UL standard; these retailers and their online affiliates account 
for an unknown but large proportion of extension cord sales.
     Available CPSC data on recalls and import violations 
suggest a very low incidence of defects and nonconformance, in the 
range of a few percent. A low number of violations is an indicator that 
conformance to the UL standard is likely very high. CPSC staff 
estimates that more than 90 percent of extension cords sold to 
consumers conform.

III. Description of the Proposed Rule

    The proposed rule would add two new paragraphs in part 1120. 
Proposed Sec.  1120.2(e) would define an ``extension cord,'' also known 
as a ``cord set,'' as a length of factory-assembled flexible cord with 
an attachment plug or current tap as a line fitting and with a cord 
connector as a load fitting. Extension cords are used for extending a 
branch circuit supply of an electrical outlet to the power-supply cord 
of a portable appliance, in accordance with the National Electrical 
Code.[supreg] As defined in the proposed rule, the term applies to 
extension cords that are equipped with National Electrical Manufacturer 
Association (NEMA) 1-15, 5-15 and 5-20 fittings, and that are intended 
for indoor use only, or for both indoor and outdoor use. The term 
``extension cord'' does not include detachable power supply cords, 
appliance cords, power strips and taps, and adaptor cords supplied with 
outdoor tools and yard equipment.
    This definition is adapted from descriptions of extension cords 
defined in section 1 of UL 817. We intend to include within the scope 
of the proposed rule, indoor and outdoor general-use extension cords 
that can be used with many different types of electrical appliances. 
All in-scope

[[Page 5711]]

products are covered by UL 817. Excluded from the definition are 
detachable power supply and appliance cords with non-NEMA fittings and 
adaptor cords supplied with outdoor tools and yard equipment because 
these are specific-purpose cords, rather than general-use cords. The 
products that would not be covered by proposed rule are not subject to 
UL 817, or they do not present the same risks of injury.
    Proposed Sec.  1120.3(d)(1) states that extension cords that lack 
the identified characteristics in accordance with the requirements 
specified in the relevant sections of UL 817 (sections 2, 9, 16, 19, 
20, 21, 26, 30, 31, 32, 84, and 105) of UL 817 are deemed substantial 
product hazards under section 15(a)(2) of the CPSA:
    (i) Minimum wire size requirements in sections 2, 20, 21, 30, and 
31 of UL 817;
    (ii) Sufficient strain relief requirements in sections 20, 30, and 
84 of UL 817;
    (iii) Proper polarization requirements in sections 9, 19, 20, 30, 
31, and 32 of UL 817;
    (iv) Proper continuity requirements in sections 16, 20, 30, and 105 
of UL 817;
    (v) Outlet cover requirement (for indoor 2-wire parallel extension 
cords with polarized parallel-blade and -slot fittings) in sections 20 
and 26 of UL 817; or
    (vi) Jacketed insulated cord requirement (for outdoor use extension 
cords) in section 30 of UL 817.
    These characteristics and the UL 817 requirements are explained in 
more detail in sections I.B.2 (Table 2) and II.A of this preamble.

IV. Effect of the Proposed 15(j) Rule

    Section 15(j) of the CPSA allows the Commission to issue a rule 
specifying that a consumer product or class of consumer products has 
characteristics whose presence or absence creates a substantial product 
hazard. Such a rule would not be a consumer product safety rule, and 
thus, would not trigger the statutory requirements of a consumer 
product safety rule. For example, a rule under section 15(j) of the 
CPSA does not trigger the testing or certification requirements under 
section 14(a) of the CPSA.
    Although a rule issued under section 15(j) of the CPSA is not a 
consumer product safety rule, placing a consumer product on the 
substantial product hazard list in 16 CFR part 1120 would have certain 
ramifications. A product that is or has a substantial product hazard is 
subject to the reporting requirements of section 15(b) of the CPSA, 15 
U.S.C. 2064(b). A manufacturer, importer, distributor, or retailer that 
fails to report a substantial product hazard to the Commission is 
subject to civil penalties under section 20 of the CPSA, 15 U.S.C. 
2069, and is possibly subject to criminal penalties under section 21 of 
the CPSA, 15 U.S.C. 2070.
    A product that is or contains a substantial product hazard also is 
subject to corrective action under sections 15(c) and (d) of the CPSA, 
15 U.S.C. 2064(c) and (d). Thus, if the Commission issues a final rule 
under section 15(j) for extension cords, the Commission could order the 
manufacturer, importer, distributor, or retailer of extension cords 
that do not contain one or more of the identified readily observable 
characteristics to offer to repair or replace the product or to refund 
the purchase price to the consumer.
    A product that is offered for import into the United States and is 
or contains a substantial product hazard shall be refused admission 
into the United States under section 17(a) of the CPSA, 15 U.S.C. 
2066(a). Additionally, CBP has the authority to seize certain products 
offered for import under the Tariff Act of 1930 (19 U.S.C. 1595a) 
(Tariff Act), and to assess civil penalties that CBP, by law, is 
authorized to impose. Section 1595a(c)(2)(A) of the Tariff Act states 
that CBP may seize merchandise, and such merchandise may be forfeited 
if: ``its importation or entry is subject to any restriction or 
prohibition which is imposed by law relating to health, safety, or 
conservation and the merchandise is not in compliance with the 
applicable rule, regulation, or statute.'' Thus, if the proposed rule 
is finalized, extension cords that violate the rule are subject to CBP 
seizure and forfeiture.

V. Regulatory Flexibility Act Analysis

    The Regulatory Flexibility Act (RFA) requires that proposed rules 
be reviewed for the potential economic impact on small entities, 
including small businesses. 5 U.S.C. 601-612. Section 603 of the RFA 
requires agencies to prepare and make available for public comment an 
Initial Regulatory Flexibility Analysis (IRFA), describing the impact 
of the proposed rule on small entities and identifying impact-reducing 
alternatives. The requirement to prepare an IRFA does not apply if the 
agency certifies that the rulemaking will not have a significant 
economic impact on a substantial number of small entities. Id. 605. 
Because the Commission expects that the economic effect on all entities 
will be minimal, the Commission certifies that the proposed rule will 
not have a significant economic impact on a substantial number of small 
entities.

Small Entities to Which the Proposed Rule Would Apply

    ITC statistics indicate that about 11,000 companies are involved in 
import trade of products covered under an aggregate HTS code 
8544.42.9000 that includes extension cords. The category includes 
imports of communications cables and many other electrical products and 
components and counts shipping companies, as well as product sellers. 
An unknown percentage of these 11,000 firms import items that would be 
within the scope of the proposed rule on extension cords. The 
proportion may be small; however, even if only 10 percent were subject 
to the proposed rule, the number of firms would still be substantial at 
more than 1,000. The latest available (2011) Census of Manufacturers 
data from the U.S. Department of Commerce indicate that there are about 
400 domestic producers of miscellaneous electrical equipment, including 
flexible cord and cord sets (North American Industry Classification 
System (NAICS) code 335999). Based on contacts with industry 
representatives and a review of online listings, CPSC staff has 
identified only four firms that manufacture consumer-market extension 
cords in the United States. Three of these four companies appear to be 
small businesses.
    CPSC staff has identified about 20 to 25 leading importers and one 
large U.S. manufacturer of extension cords. Some of the leading 
importers are large general merchandise or building material retailers 
with their own branded cord sets. Other firms among the top 20 to 25 
importers are national brand owners who specialize in wire/cable and 
related electrical products; these firms are not as large as the major 
retailers, but would not be considered small under U.S. Small Business 
Administration (SBA) size standards. Most of the remaining firms are 
likely small businesses. The total number of small firms is unknown, 
but may be in the hundreds or even a thousand.
    Manufacturers and importers of extension cords typically also 
market various kinds of electrical or other household products. CPSC 
staff has identified no companies that market only extension cords. 
Some smaller importers may not consistently market the same brands of 
cord sets or import from the same supply sources from year to year.

[[Page 5712]]

Potential Impact of the Proposed Rule

    A proposed rule designating extension cords that do not conform to 
any one of the five specified provisions of UL 817 as a substantial 
product hazard will not likely have a significant impact on a 
substantial number of small businesses or other small entities. This 
conclusion is based on the following evidence:
     CPSC staff estimates that a very high percentage, probably 
in excess of 90 percent, of extension cords already conform to UL 817. 
CPSC staff's examination of products sold by physical and online 
retailers identified only two sellers of products that did not carry a 
certification mark or label from one of the three certifying 
organizations. Manufacturers, importers, distributors, and retailers 
that market only conforming products would not experience any impacts 
under the proposed rule. Thus, a substantial majority of firms, 
including small firms, would be unaffected by the proposed rule and 
would probably experience zero economic impact.
     To the extent that small importers may market 
nonconforming cord sets, such firms may market other flexible cord or 
related products as well. CPSC staff is aware of no firms whose 
revenues are dependent solely on extension cords. Small importers could 
either discontinue marketing nonconforming extension cords, or these 
importers could acquire conforming products. Conforming cord sets are 
readily available at similar prices, so small importers' incomes would 
not be significantly affected by the proposed rule, if the firms chose 
to acquire conforming products. Moreover, product lines should not be 
significantly curtailed if the firms ceased marketing extension cords 
altogether. It is unknown whether or how the two small, domestic 
manufacturers of cord sets that may not conform would be impacted by 
the proposed rule.
     The proposed rule reflects the existing practice of the 
CPSC's Office of Compliance and Field Operations to designate extension 
cords that use undersized wiring, have insufficient strain relief, or 
lack polarized plugs, electrical continuity, outlet covers, or cord 
jackets, as substantial product hazards. CPSC staff would continue to 
seek recalls or other enforcement actions for such products, regardless 
of the rule's existence.

VI. Environmental Considerations

    Generally, the Commission's regulations are considered to have 
little or no potential for affecting the human environment, and 
environmental assessments and impact statements are not usually 
required. See 16 CFR 1021.5(a). The proposed rule to deem extension 
cords that do not contain one or more of the identified readily 
observable characteristics to be a substantial product hazard is not 
expected to have an adverse impact on the environment and is considered 
to fall within the ``categorical exclusion'' for the purposes of the 
National Environmental Policy Act. 16 CFR 1021.5(c).

VII. Paperwork Reduction Act

    The proposed rule does not require anyone to create, maintain, or 
disclose information. Thus, no paperwork burden is associated with the 
proposed rule, and the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520) does not apply.

VIII. Preemption

    The proposed rule under section 15(j) of the CPSA would not 
establish a consumer product safety rule. Accordingly, the preemption 
provisions in section 26(a) of the CPSA, 15 U.S.C. 2075(a), would not 
apply to this rule.

IX. Effective Date

    The Administrative Procedure Act (APA) generally requires that the 
effective date of a rule be at least 30 days after publication of a 
final rule. 5 U.S.C. 553(d). The Commission proposes that any extension 
cord that does not conform to the specified sections of UL 817 
regarding minimum wire size, sufficient strain relief, proper 
polarization, proper continuity, outlet covers (indoor extension 
cords), and jacketed insulated cord (outdoor extension cords), be 
deemed a substantial product hazard effective 30 days after publication 
of a final rule in the Federal Register. After that date, all extension 
cords that are subject to, but do not comply with, UL 817 regarding the 
identified readily observable characteristics, will be deemed to be a 
substantial product hazard.
    The Commission believes that a 30-day effective date is appropriate 
because substantial conformance exists and because there is 
longstanding knowledge among importers and manufacturers about the 
requirements in UL 817. The Office of Compliance sent a letter dated 
January 9, 2015, to manufacturers, importers, distributors, and 
retailers of extension cords, informing them that the Office of 
Compliance considers products that do not conform to UL 817, regarding 
minimum wire size, sufficient strain relief, proper polarization, 
proper continuity, covers for outlets (indoor use), and jacketed cords 
(outdoor), to be defective and present a substantial product hazard. 
Accordingly, relevant stakeholders are on notice of the requirements of 
UL 817. Moreover, importers likely will have ample time and opportunity 
to acquire conforming products, if necessary, from suppliers within 
normal business cycles before a final rule is promulgated. Based on the 
available information, the Commission concludes that a 30-day effective 
date would not likely result in significant impacts on industry or 
disrupt the supply of conforming products.

X. Incorporation by Reference

    The Commission proposes to incorporate by reference certain 
provisions of UL 817. The Office of the Federal Register (OFR) has 
regulations concerning incorporation by reference. 1 CFR part 51. The 
OFR recently revised these regulations to require that, for a proposed 
rule, agencies must discuss in the preamble of the NPR ways that the 
materials the agency proposes to incorporate by reference are 
reasonably available to interested persons or how the agency worked to 
make the materials reasonably available. In addition, the preamble of 
the proposed rule must summarize the material. 1 CFR 51.5(a).
    In accordance with the OFR's requirements, section I.B.2. of this 
preamble summarizes the provisions of UL 817 that the Commission 
proposes to incorporate by reference. Interested persons may purchase a 
copy of UL 817 from UL, Inc. at 333 Pfingsten Road, Northbrook, IL 
60062. The standard is also available for purchase from UL's Web site 
at http://ulstandards.ul.com/access-standards/. One may also inspect a 
copy at CPSC's Office of the Secretary, U.S. Consumer Product Safety 
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, 
telephone 301-504-7923.

XI. Request for Comments

    The Commission invites interested persons to submit their comments 
to the Commission on any aspect of the proposed rule. Comments should 
be submitted as provided in the instructions in the ADDRESSES section 
at the beginning of this notice.

List of Subjects in 16 CFR Part 1120

    Administrative practice and procedure, Clothing, Consumer 
protection, Cord sets, Extension cords, Household appliances, Lighting, 
Infants and children, Imports, Incorporation by reference.

[[Page 5713]]

    For the reasons stated above, and under the authority of 15 U.S.C. 
2064(j), 5 U.S.C. 553, and section 3 of Public Law 110-314, 122 Stat. 
3016 (August 14, 2008), the Consumer Product Safety Commission proposes 
to amend 16 CFR part 1120 as follows:

PART 1120--SUBSTANTIAL PRODUCT HAZARD LIST

0
1. The authority citation for part 1120 continues to read as follows:

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

0
2. In Sec.  1120.2, add paragraph (e) to read as follows:

Sec.  1120.2  Definitions.

* * * * *
    (e) Extension cord (also known as a cord set) means a length of 
factory-assembled flexible cord with an attachment plug or current tap 
as a line fitting and with a cord connector as a load fitting. 
Extension cords are used for extending a branch circuit supply of an 
electrical outlet to the power-supply cord of a portable appliance, in 
accordance with the National Electrical Code.[supreg] For purposes of 
this rule, the term applies to extension cords that are equipped with 
National Electrical Manufacturer Association (NEMA) 1-15, 5-15 and 5-20 
fittings, and that are intended for indoor use only, or for both indoor 
and outdoor use. The term ``extension cord'' does not include 
detachable power supply cords, appliance cords, power strips and taps, 
and adaptor cords supplied with outdoor tools and yard equipment.
0
3. In Sec.  1120.3, add paragraph (d) to read as follows:

Sec.  1120.3  Products deemed to be substantial product hazards.

* * * * *
    (d)(1) Extension cords that lack one or more of the following 
specified characteristics in conformance with requirements in sections 
2, 9, 16, 19, 20, 21, 26, 30, 31, 32, 84, and 105 of Underwriters 
Laboratories (UL) Standard for Cord Sets and Power-Supply Cords, UL 
817, 11th Edition, dated March 16, 2001, revised February 3, 2014 (UL 
817):
    (i) Minimum wire size requirement in sections 2, 20, 21, 30, and 31 
of UL 817;
    (ii) Sufficient strain relief requirement in sections 20, 30, and 
84 of UL 817;
    (iii) Proper polarization requirement in sections 9, 19, 20, 30, 
31, and 32 of UL 817;
    (iv) Proper continuity requirement in sections 16, 20, 30, and 105 
of UL 817;
    (v) Outlet cover requirement (for indoor 2-wire parallel extension 
cords with polarized parallel-blade and -slot fittings) in sections 20 
and 26 of UL 817; or
    (vi) Jacketed insulated cord requirement (for outdoor use extension 
cords) in section 30 of UL 817.
    (2) The Director of the Federal Register approves the 
incorporations by reference in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51. You may obtain a copy from UL, Inc., 333 Pfingsten Road, 
Northbrook, IL 60062. You may inspect a copy at the Office of the 
Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East 
West Highway, Bethesda, MD 20814, telephone 301-504-7923, or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal-register/cfr/ibr-locations.html.

Alberta E. Mills,
Acting Secretary, Consumer Product Safety Commission.
[FR Doc. 2015-02021 Filed 2-2-15; 8:45 am]
BILLING CODE 6355-01-P
```