15 U.S.C. § 1203 — Preemption of Federal standards
submitted 73 years ago by Pub. L. 90-189 to r/title-15-COMMERCE-AND-TRADE · 667 words · no verdicts yet
This section generally prevents States from having different flammability rules protecting against the same fire risk as a federal rule. It permits stronger rules for the government’s own use and allows Commission exemptions when strict conditions and procedures are met.
(a) Unless (b) or (c) applies, while a federal flammability standard or regulation is effective, a State or political subdivision may not establish or keep a rule for the same fabric*, related material*, or product* protecting against the same fire risk unless it is identical to the federal rule. (b) The Federal Government, a State, or a subdivision may adopt a nonidentical rule for its own use if it protects more strongly against the covered fire risk. (c)(1) On a State or subdivision application, the Commission* may exempt its rule by regulation if compliance would not violate the federal rule, the State rule gives significantly more protection, and it does not unduly burden interstate commerce. The Commission must consider technological and economic feasibility, compliance cost, geographic distribution, likely similar exemption requests, and the need for one national rule. (2) The Commission may issue the exemption regulation only after title 5 section 553(b) notice and an opportunity to present views orally. (d) The federal-rule reference includes a flammability standard continued by section 11 of the December 14, 1967 Act.
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.
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.
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—
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
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.
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.
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).
Source credit: (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.)
- 1953Enacted · Pub. L. 90-189 · 81 Stat. 574
- 1976Amended · Pub. L. 94-284 · 90 Stat. 512
- 2008Amended · Pub. L. 110-314 · 122 Stat. 3043
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-189 on 1953-06-30.
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