27504 Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules 

List of Subjects in 16 CFR Part 1120 

Administrative practice and 

procedure, Clothing, Consumer 

protection, Infants and children, 

Imports, Incorporation by reference. 

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 proposed to be added 

elsewhere in this issue of the Federal 

Register, as follows: 

PART 1120—SUBSTANTIAL PRODUCT 

HAZARD LIST 

1. The authority citation for part 1120 

is revised to read as follows: 

Authority: 15 U.S.C. 2064(j); Sec. 3, Pub. 

L. 110–314, 122 Stat. 3016. 

2. In § 1120.2, add paragraph (c) to 

read as follows: 

§ 1120.2 Definitions. 

* * * * * 

(c) Drawstring means a non-retractable 

cord, ribbon, or tape of any material to 

pull together parts of outerwear to 

provide for closure. 

3. In § 1120.3, add paragraph (b) to 

read as follows: 

§ 1120.3 Substantial product hazard list. 

* * * * * 

(b) (1) Children’s upper outerwear in 

sizes 2T to 16 or the equivalent, and 

having one or more drawstrings, that is 

subject to, but not in conformance with, 

the requirements of ASTM F 1816–97, 

Standard Safety Specification for 

Drawstrings on Children’s Upper 

Outerwear. The Director of the Federal 

Register approves this incorporation by 

reference in accordance with 5 U.S.C. 

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

obtain a copy from ASTM International, 

100 Barr Harbor Drive, PO Box C700, 

West Conshohocken, PA 19428–2959 

USA, telephone: 610–832–9585; http:// 

www2.astm.org/. You may inspect a 

copy at the Office of the Secretary, U.S. 

Consumer Product Safety Commission, 

Room 502, 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. 

(2) At its option, the Commission may 

use one or more of the following 

methods to determine what sizes of 

children’s upper outerwear are 

equivalent to sizes 2T to 16: 

(i) Garments in girls’ size Large (L) 

and boys’ size Large (L) are equivalent 

to girls’ or boys’ size 12, respectively. 

Garments in girls’ and boys’ sizes 

smaller than Large (L), including ExtraSmall (XS), Small (S), and Medium (M), 

are equivalent to sizes smaller than size 

12. The fact that an item of children’s 

upper outerwear with a hood and neck 

drawstring is labeled as being larger 

than Large (L) does not necessarily 

mean that the item is not equivalent to 

a size in the range of 2T to 12. 

(ii) Garments in girls’ size Extra-Large 

(XL) and boys’ size Extra-Large (XL) are 

equivalent to size 16. The fact that an 

item of children’s upper outerwear with 

a waist or bottom drawstring is labeled 

as being larger than Extra-Large (XL) 

does not necessarily mean that the item 

is not equivalent to a size in the range 

of 2T to 16. 

(iii) In cases where garment labels 

give a range of sizes, if the range 

includes any size that is subject to a 

requirement in ASTM F 1816–97, the 

garment will be considered subject, 

even if other sizes in the stated range, 

taken alone, would not be subject to the 

requirement. For example, a coat sized 

12 through 14 remains subject to the 

prohibition of hood and neck area 

drawstrings, even though this 

requirement of the ASTM standard only 

applies to garments up to size 12. A size 

13 through 15 coat would not be 

considered within the scope of the 

ASTM standard’s prohibition of neck 

and hood drawstrings, but would be 

subject to the requirements for waist or 

bottom drawstrings. 

(iv) To fall within the scope of 

paragraphs (b)(2)(i) through (2)(iii) of 

this section, a garment need not state 

anywhere on it, or on its tags, labels, 

package, or any other materials 

accompanying it, the term ‘‘girls,’’ the 

term ‘‘boys,’’ or whether the garment is 

designed or intended for girls or boys. 

(v) The Commission may determine 

equivalency to be as stated in a 

manufacturer’s (including importer’s), 

distributor’s, or retailer’s statements of 

what sizes are equivalent to sizes 2T to 

16. A firm’s statement of what sizes are 

equivalent to sizes 2T to 16 may not be 

used to show that the size of a garment 

is not equivalent to a size in the range 

of 2T to 16. 

(vi) The Commission may use any 

other evidence that would tend to show 

that an item of children’s upper 

outerwear is a size that is equivalent to 

sizes 2T to 16. 

Dated: May 11, 2010. 

Todd Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2010–11622 Filed 5–14–10; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1120 

[CPSC Docket No. CPSC–2010–0042] 

Substantial Product Hazard List: HandHeld Hair Dryers 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Consumer Product Safety 

Improvement Act of 2008 (‘‘CPSIA’’), 

authorizes the United States Consumer 

Product Safety Commission 

(‘‘Commission’’) 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. In this 

document, the Commission is proposing 

a rule to determine that any hand-held 

hair dryer without integral immersion 

protection presents a substantial 

product hazard. 

DATE: Written comments in response to 

this notice must be received by August 

2, 2010. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2010– 

0042, by any of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

To ensure timely processing of 

comments, the Commission is no longer 

accepting comments submitted by 

electronic mail (e-mail) except through 

http://www.regulations.gov. 

Written Submissions 

Submit written submissions in the 

following way: 

Mail/Hand delivery/Courier (for 

paper, disk, or CD–ROM submissions), 

preferably in five copies, 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 rulemaking. All 

comments received may be posted 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules 27505 

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 

electronically. 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. 

FOR FURTHER INFORMATION CONTACT: 

Randy Butturini, Office of Hazard 

Identification and Reduction, Consumer 

Product Safety Commission, 4330 EastWest Highway, Bethesda, MD 20814; 

telephone (301) 504–7562, 

rbutturini@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 

which the U.S. Consumer Product 

Safety Commission (‘‘Commission’’ or 

‘‘CPSC’’) 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 

to the Commission authority to specify 

by rule for a consumer product or class 

of consumer products, characteristics 

whose presence or absence the 

Commission considers present a 

substantial product hazard. Those 

characteristics must be readily 

observable, have been addressed by an 

applicable voluntary standard that has 

been effective in reducing the risk of 

injury, and there must be substantial 

compliance with the voluntary 

standard. 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-held hair 

dryers. The current immersion 

protection provisions have been in 

effect since 1991. UL Standard for 

Safety for Commercial Electric Personal 

Grooming Appliances, UL 1727, 

specifies immersion protection 

requirements for grooming appliances, 

including hand-held hair dryers, which 

are ‘‘intended for use by qualified 

personnel in commercial establishments 

such as beauty parlors, barber shops, or 

cosmetic studios.’’ UL 1727 requires the 

same integral immersion protection as 

UL 859. Such ‘‘commercial’’ hand-held 

hair dryers may be consumer products 

if they are available for sale to, or use 

of, consumers. 

The Commission is proposing a rule 

to deem any hand-held hair dryer 

without integral immersion protection, 

as specified in UL 859 or UL 1727, a 

substantial product hazard. Hand-held 

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 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. 15 U.S.C. 1064(a) 

On November 25, 2002, CPSC’s 

Director of the Office of Compliance 

sent a letter to manufacturers and 

importers of hand-held 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 assure that their hand-held 

hair dryers provide immersion 

protection. The letter noted that ‘‘[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, 

the 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.’’ 

B. The Product 

A hand-held hair dryer is a portable 

electrical appliance with a cord-andplug connection. Typically, they have a 

big barrel-like body with a pistol grip 

handle. Frequently, such hair dryers 

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 

‘‘cool/low/high.’’ Hand-held 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. Being 

uninsulated, if the 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 proposed rule would define 

‘‘hand-held hair dryer’’ as ‘‘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.’’ 

The characteristics of a hand-held 

hair dryer with integral immersion 

protection are readily observable. The 

power cord of a hand-held hair dryer 

with integral immersion protection has 

a large block-shaped plug that 

incorporates a type of circuit interrupter 

which is either a Ground Fault Circuit 

Interrupter (‘‘GFCI’’), an Appliance 

Leakage Circuit Interrupter (‘‘ALCI’’), or 

an Immersion Detection Circuit 

Interrupter (‘‘IDCI’’). The plug usually 

also has buttons labeled ‘‘Test’’ and 

‘‘Reset.’’ If the hair dryer should become 

wetted or immersed in water enough to 

cause electrical current to flow beyond 

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-held hair dryers are sold annually. 

The staff does not know exactly how 

many companies supply hand-held hair 

dryers. Sixteen suppliers of hand-held 

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% of domestic 

hand-held hair dryer sales. 

C. The Risk of Injury 

The Commission has reports of 104 

deaths and 43 electric shock injuries 

due to hair dryer immersion/water 

contact from 1984 to 2004. Of the 104 

electrocutions resulting in death, the 

most incidents (91) occurred during 

1984–90 (before the current immersion 

protection provisions of UL 859 took 

effect) compared to 12 during 1991–97, 

and one during 1998–04. 

During 1980–86, 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 

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27506 Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules 

standard UL 859 to require immersion 

protection for hand-held hair dryers if 

the dryer switch was in the ‘‘off’’ 

position. During 1987–90, 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 ‘‘on’’ position took effect. During 

1991–97, after the enhanced standard 

took effect, a total of 12 electrocutions 

(1.71 annual average) were reported and 

three electrocutions (0.3 annual average) 

were reported during 1998–2007, a 

period when most hair dryers made 

before 1991 were likely to be out of use. 

Reporting is ongoing for the years 2006 

and 2007. 

D. Voluntary Standards 

Hand-held 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 NEC, 

revised its immersion protection 

standard to require that ‘‘A handsupported hair-drying appliance (such 

as a hair dryer, blower-styler, heated air 

comb, heated air hair curler, curling 

iron-hair dryer combination, a wallhung hair dryer or hand unit of a wallmounted 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 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 

document, the reported incidents of 

death from immersion-related 

electrocutions involving hand-held hair 

dryers significantly declined with 

implementation of immersion 

protection requirements in UL 859. The 

average number of reported hand-held 

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. These requirements in UL 

1727 became effective March 31, 1994. 

E. Recalls 

As noted in section A of this 

document, in November 2002, the 

director of the Office of Compliance sent 

a letter to importers and manufacturers 

of hand-held hair dryers indicating the 

staff’s expectation that such hair dryers 

should have immersion protection and 

that the staff would consider them to 

present a substantial product hazard if 

they did not. There have been numerous 

recalls of hand-held hair dryers due to 

lack of immersion protection. Since 

January 1, 1991, there have been 30 

recalls of hand-held hair dryers due to 

lack of an immersion protection device. 

Of these, three occurred during the year 

2009. 

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 differentiates 

substantial compliance from something 

that is not substantial compliance. 

Rather than any bright line, the 

Commission has been of the view in the 

rulemaking context that the 

determination needs to be made on a 

case-by-case basis. 

The staff estimates sales of hand-held 

hair dryers are about 23 million units 

annually. There are 16 suppliers of 

hand-held hair dryers listed in the UL 

Online Certifications Directory, and an 

additional 42 suppliers listed in the 

Intertek ETL Listed Mark Product 

Directory as supplying hand-held hair 

dryers 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% 

of domestic hand-held hair dryer sales. 

As discussed above, additional 

suppliers are also listed as supplying 

hand-held 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% of the domestic sales of handheld hair dryers and additional 

companies are also listed as producing 

complying hand-held hair dryers, the 

staff estimates that over 95% of handheld hair dryers for sale in this country 

comply with the UL standards. The 

Commission, therefore, determines that 

there is substantial compliance with UL 

859 and UL 1727. 

G. Effect of Section 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. Placing a 

consumer product on this substantial 

product hazard list has 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 who fails to report a 

substantial product hazard to the 

Commission is subject to civil penalties 

under section 20 of the CPSA and 

possibly to criminal penalties under 

section 21 of the CPSA. Id. 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. Id. 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 

shall be refused admission into the 

United States under section 17(a) of the 

CPSA. Id. 2066(a). 

H. Regulatory Flexibility Certification 

The Regulatory Flexibility Act 

(‘‘RFA’’) generally requires that agencies 

review proposed rules for their potential 

economic impact on small entities, 

including small businesses. 5 U.S.C. 

601–612. As noted in section B of this 

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Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules 27507 

document above, CPSC has identified 58 

suppliers of hand-held hair dryers to the 

U.S. consumer market which provide 

products listed to the UL standard. 

Three large firms supply approximately 

92% of the U.S. market share. 

According to the Small Business 

Administration Size Standards, these 

three firms are not small businesses. 

According to the UL Online 

Certifications Directory and the Intertek 

ETL Listed Mark Products Directory, 

these three firms plus an additional 55 

firms are UL listed to produce 

complying hair dryers. All but one of 

these 55 firms appears to be a small 

business. Thus, the overwhelming 

majority of hair dryers sold in the 

United States are already UL listed. 

Since the majority of businesses (both 

large and small) are already in 

compliance with the voluntary 

standard, the proposed rule is not 

expected to pose a significant burden to 

small business. Therefore, the 

Commission certifies that, in accordance 

with section 605 of the RFA, the rule, 

if promulgated, will not have a 

significant economic impact on a 

substantial number of small entities. 

I. Environmental Considerations 

A rule determining that hand-held 

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 

according to the CPSC regulations that 

cover its ‘‘environmental review’’ 

procedures (16 CFR 1021.5(c)(1)). 

J. Paperwork Reduction Act 

This proposed rule would not impose 

any information collection 

requirements. Accordingly, this rule is 

not subject to the Paperwork Reduction 

Act, 44 U.S.C. 3501–3520. 

K. Effective Date 

The proposed effective date of Part 

1120, which declares that any held-held 

hair dryer without immersion 

protection, as specified in UL 859 or UL 

1727, is a substantial product hazard, is 

30 days from issuance of any final 

regulation in the Federal Register. Thus, 

it would apply to hand-held hair dryers 

imported or introduced into commerce 

30 days or more after publication of any 

final rule in the Federal Register. 

L. Preemption 

The proposed rule would place handheld hair dryers without integral 

immersion protection on a list of 

products that present a substantial 

product hazard. The proposed 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 

would not apply to this rule. 

M. 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, Consumer protection, 

Household appliances, Imports, 

Incorporation by reference. 

Therefore, the Commission proposes 

to amend 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 Substantial product hazard list 

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

§ 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 § 1120.3 

have characteristics whose existence or 

absence presents 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. 

§ 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 

otherwise) creates a substantial risk of 

injury to the public. 

(b) Hand-held 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. 

§ 1120.3 Substantial product hazard list. 

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-held 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 859–2007, 10th Edition, approved 

March 21, 2007, or section 6 of UL 

Standard for Safety for Commercial 

Electric Personal Grooming Appliances, 

UL 1727, 4th Edition, approved March 

25, 1999. 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. 

You may inspect a copy at the Office of 

the Secretary, U.S. Consumer Product 

Safety Commission, Room 502, 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: May 11, 2010. 

Todd Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2010–11624 Filed 5–14–10; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0349] 

RIN 1625–AA08 

Safety Zone; Delaware River, Big 

Timber Creek, Westville, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of Proposed Rulemaking. 

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