§ 1203. Preemption of Federal standards

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(a)Standards or regulations designed to protect against same risk as State standards or regulations; identical State standards Except as provided in subsections

(b)and (c), whenever a flammability standard or other regulation for a fabric, related material, or product is in effect under this chapter, no State or political subdivision of a State may establish or continue in effect a flammability standard or other regulation for such fabric, related material, or product if the standard or other regulation is designed to protect against the same risk of occurrence of fire with respect to which the standard or other regulation under this chapter is in effect unless the State or political subdivision standard or other regulation is identical to the Federal standard or other regulation.

(b)State standards or regulations which afford a higher degree of protection The Federal Government and the government of any State or political subdivision of a State may establish and continue in effect a flammability standard or other regulation applicable to a fabric, related material, or product for its own use which standard or other regulation is designed to protect against a risk of occurrence of fire with respect to which a flammability standard or other regulation is in effect under this chapter and which is not identical to such standard or other regulation if the Federal, State, or political subdivision standard or other regulation provides a higher degree of protection from such risk of occurrence of fire than the standard or other regulation in effect under this chapter.

(c)Exemption for State standards or regulations; requirements; determination of burden on interstate commerce; notice and hearing

(1)Upon application of a State or political subdivision of a State, the Commission may, by regulation promulgated in accordance with paragraph (2), exempt from subsection (a), under such conditions as may be prescribed in such regulation, any flammability standard or other regulation of such State or political subdivision applicable to a fabric, related material, or product subject to a standard or other regulation in effect under this chapter, if—

(A)compliance with the State or political subdivision requirement would not cause the fabric, related material, or product to be in violation of the standard or other regulation in effect under this chapter, and

(B)the State or political subdivision standard or other regulation

(i)provides a significantly higher degree of protection from the risk of occurrence of fire with respect to which the Federal standard or other regulation is in effect, and

(ii)does not unduly burden interstate commerce.

In determining the burden, if any, of a State or political subdivision flammability standard or other regulation on interstate commerce the Commission shall consider and make appropriate (as determined by the Commission in its discretion) findings on the technological and economic feasibility of complying with such flammability standard or other regulation, the cost of complying with such flammability standard or other regulation, the geographic distribution of the fabric, related material, or product to which the flammability standard or other regulation would apply, the probability of other States or political subdivisions applying for an exemption under this subsection for a similar flammability standard or other regulation, and the need for a national, uniform flammability standard or other regulation under this chapter for such fabric, related material, or product.

(2)A regulation under paragraph

(1)granting an exemption for a flammability standard or other regulation of a State or political subdivision of a State may be promulgated by the Commission only after it has provided, in accordance with section 553(b) of title 5, notice with respect to the promulgation of the regulation and has provided opportunity for the oral presentation of views respecting its promulgation.

(d)Flammability standards or regulations In this section, a reference to a flammability standard or other regulation for a fabric, related material, or product in effect under this chapter includes a standard of flammability continued in effect by section 11 of the Act of December 14, 1967 (Public Law 90–189).

(June 30, 1953, ch. 164, § 16, as added Pub. L. 90–189, § 10, Dec. 14, 1967, 81 Stat. 574; amended Pub. L. 94–284, § 17(b), May 11, 1976, 90 Stat. 512; Pub. L. 110–314, title II, § 204(c)(2)(G), Aug. 14, 2008, 122 Stat. 3043.)

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section 11 of the Act of December 14, 1967
Public Law 90–189
June 30, 1953, ch. 164, § 16
Pub. L. 90–189, § 10
81 Stat. 574
Pub. L. 94–284, § 17(b)
90 Stat. 512
Pub. L. 110–314, title II, § 204(c)(2)(G)
122 Stat. 3043
Section 11 of the Act of December 14, 1967
Pub. L. 110–314
Pub. L. 94–284
section 231 of Pub. L. 110–314

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§ 1203

Preemption of Federal standards

Fed. Reg.×16

Bills×16

Stat.×4

C.F.R.×3

U.S.C.×2

Stat. Comp.×2

Pub. L.×1

U.S.C.§ 553

U.S.C.§ 1191

U.S.C.§ 2051

Actsection 11 of the Act of December 14, 1967

Pub. L.Public Law 90–189

ActJune 30, 1953, ch. 164, § 16

Pub. L.Pub. L. 90–189, § 10

Stat.81 Stat. 574

Cites 16 · showing 8Cited by 44 across 7 sources