[Federal Register Volume 71, Number 238 (Tuesday, December 12, 2006)]
[Proposed Rules]
[Pages 74472-74474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21131]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 71, No. 238 / Tuesday, December 12, 2006 / 
Proposed Rules  

[[Page 74472]]



CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Chapter II


Portable Generators; Advance Notice of Proposed Rulemaking; 
Request for Comments and Information

AGENCY: Consumer Product Safety Commission.

ACTION: Advance notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This advance notice of proposed rulemaking (``ANPR'') 
initiates a rulemaking proceeding that could result in mandatory 
performance standards for portable generators. The notice discusses a 
broad range of regulatory approaches that could be used to reduce 
portable generator-related deaths and injuries, particularly those 
related to carbon monoxide poisoning.\1\ The Commission invites public 
comment on these alternatives and any other approaches that could 
reduce portable generator-related deaths and injuries due to carbon 
monoxide poisoning, as well as shock/electrocution, fire, and burns. 
The Commission also invites interested persons to submit an existing 
standard, or a statement of intent to modify or develop a voluntary 
standard, to address the risk of injury described in this ANPR. The 
Commission issued a separate notice of proposed rulemaking (NPR) at 71 
FR 50003 on August 24, 2006, relating specifically to enhancing the 
effectiveness of warning labels for portable generators, and invited 
public comment on its proposal.
---------------------------------------------------------------------------

    \1\ Acting Chairman Nancy A. Nord and Commissioner Thomas H. 
Moore each filed a statement. The statements are available from the 
Office of the Secretary or on the Commission's Web site at http://www.cpsc.gov.

DATES: Written comments and submissions in response to this ANPR must 
be received by the Office of the Secretary not later than February 12, 
---------------------------------------------------------------------------
2007.

ADDRESSES: Comments may be filed by e-mail to [email protected]. 
Comments may also be filed by facsimile to (301) 504-0127 or by mail or 
delivery, preferably in five copies, to the Office of the Secretary, 
Consumer Product Safety Commission, Room 502, 4330 East-West Highway, 
Bethesda, Maryland. Comments should be captioned ``Portable Generator 
ANPR.''

FOR FURTHER INFORMATION CONTACT: Janet L. Buyer, Project Manager, 
Directorate for Engineering Sciences, Consumer Product Safety 
Commission, 4330 East-West Highway, Bethesda, Maryland 20814; telephone 
(301) 504-7542; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    One of CPSC's strategic goals is to reduce the number of non-fire 
carbon monoxide (CO) poisoning deaths associated with consumer products 
by 20% from the average of the years 1999 and 2000 by the year 2013. 
The total yearly estimated non-fire related CO deaths for each of the 
years 1999 through 2002 are 109, 138, 130 and 188, respectively. Since 
1999, the percentage of estimated CO poisoning deaths specifically 
associated with generators has been increasing annually. In 1999, 
generators were associated with 7 (6%) of the total yearly estimated CO 
poisoning deaths for that year. In 2000, 2001 and 2002, they were 
associated with 19 (14%), 22 (17%) and 46 (24%) deaths out of the total 
estimates for each of those years.
    Staff began working on ways to reduce CO emissions from engine-
powered equipment, including portable generators, in 2002. This work 
included testing portable generators, analyzing the CO hazard related 
to generators, investigating the feasibility of a gas-sensing interlock 
mechanism and making recommendations to the voluntary standards 
organization, Underwriters Laboratories, on ways to reduce CO emissions 
and other hazards associated with portable generators. Staff then 
sought guidance from the Commission on how to proceed. On October 12, 
2005, Commission Chairman Hal Stratton sent a memorandum to the 
Executive Director directing the staff to undertake a thorough review 
of the status of portable generator safety in light of CO deaths and 
injuries attributable to consumer use of portable generators. The staff 
was directed to address, at a minimum, the following issues: (1) 
Feasibility of safety cut-offs that would shut down a generator before 
CO reaches unsafe levels; (2) sufficiency of warning labels to address 
the danger of CO poisoning associated with portable generators used 
within or near residences; (3) development of portable generator 
performance requirements that would substantially reduce CO emissions; 
(4) feasibility of weatherization of portable generators (including 
ground fault circuit interrupter (GFCI) protection) for use in wet and/
or cold outdoor environments; (5) creation of an information and 
education campaign; and (6) potential benefits of the creation of a 
private sector consortium made up of generator manufacturers that would 
cooperatively develop a technical solution that adequately addresses 
the current CO poisoning hazard.

B. The Product

    Portable generators offer a means of providing electrical power to 
a location that either temporarily lacks it or is not provided with 
electrical service at all. A portable generator has an internal 
combustion engine to produce rotational energy, which is used to 
generate electricity. The engine may be fueled by gasoline, diesel, 
natural gas, or liquid propane. Most importantly, it is the engine that 
produces carbon monoxide as a product of combustion.
    The estimated number of portable generators owned by households 
ranged from about 9.2 million units in 2002 to 10.6 million units in 
2005. Over 1 million units are estimated to have been purchased by 
consumers in each of the years 2003-2005. Approximately 40% of portable 
units purchased by consumers in these 3 years were in the 5.0 kilowatt 
(kW) to less than 6.5 kW power output range.

C. Risks Posed by Portable Generators

    Generators pose four main hazards: CO poisoning, shock/
electrocution, fire, and thermal contact burns. For the 16 year period 
1990 through 2005, there have been at least 351 CO poisoning fatalities 
associated with generators reported to CPSC. For the same 16-year 
period, there have been at least 10 electrocution deaths and 8 fire-
related deaths associated with generators reported to CPSC. Since some 
deaths are reported to CPSC months or years after

[[Page 74473]]

an incident occurred, counts for recent years may not be as complete as 
counts for earlier years.
    Because the majority of deaths reported to CPSC involving portable 
generators are associated with the CO poisoning hazard, the staff's 
review of the voluntary standards and proposed alternatives has focused 
primarily on the CO hazard.

D. Voluntary Standards

    Staff reviewed existing voluntary standards to determine the extent 
to which they may address CO poisoning hazards associated with 
generators. There is currently no U.S. voluntary safety standard 
specifically applicable to portable generators.\2\
---------------------------------------------------------------------------

    \2\ The Occupational Safety and Health Administration (OSHA) 
does have regulations pertaining to portable generators used in the 
workplace, but these regulations focus primarily on electrical 
hazards (see, e.g., 29 CFR 1910.303(b)(1)(i); 29 CFR 1910.304(f)(7); 
29 CFR 1910.305(a)(2); 29 CFR 1910.269(i)(3); 29 CFR 1926.403(a); 29 
CFR 1926.404(b)(1)(ii); and 16 CFR 1926.404(f)(3).
---------------------------------------------------------------------------

1. UL 2201 ``Portable Engine-Generator Assemblies,'' Proposed First 
Edition

    Underwriters Laboratories (UL) is currently developing the first 
edition of UL 2201 ``Portable Engine-Generator Assemblies,'' through an 
ANSI-accredited committee process using a Standards Technical Panel 
(STP). There have been four draft versions of the proposed UL 2201 
standard since February 2003. CPSC staff has submitted comments and 
recommended the following for inclusion in the proposed standard: (1) 
Performance requirements to address consumer exposure to unsafe CO 
emissions; (2) performance requirements that would permit safe outdoor 
use of generators in rain and other poor weather conditions; (3) 
improvements to labeling, markings and instructions for portable 
generators to adequately warn consumers of the CO hazard and inform 
them of appropriate safety measures; and (4) requirements for tests to 
verify safe generator operability when used in cold, damp weather, 
which may cause icing of the air intake tract of the generator engine, 
thereby degrading its ability to operate outdoors. In December 2004, 
the UL STP decided that the draft proposed standard would move forward 
without performance requirements to address CO emissions and 
weatherization or testing requirements for cold weather operation.
    Because consensus had not yet been achieved on the draft UL 
standard, in April 2006, UL issued an Outline of Investigation for 
portable generators which serves as the requirements with which a 
product must conform in order to be eligible to bear the UL mark. UL's 
Outline of Investigation includes requirements for cautionary markings 
and advisory information as well as features that will facilitate safe 
use in rain (rainproof enclosure, rain tight while-in-use receptacle 
covers, and ground fault circuit protection on all alternating current 
output circuits).
    Although such Outlines of Investigation are not consensus 
standards, they represent UL's judgment, together with due 
consideration of public comments. UL states that it is their intention 
that the draft proposed standard when finalized be adopted as an 
American National Standard upon consensus within the Standards 
Technical Panel (STP) at a later date.

2. International Standard ISO 8528-8:1995(e)

    International Standard ISO 8528-8:1995(e) Reciprocating internal 
combustion engine driven alternating current generating sets--Part 8: 
Requirements and tests for low-power generating sets is a standard 
applicable to portable generators sold overseas. Similar to the draft 
proposed UL 2201, its requirements regarding the CO poisoning hazard 
are limited to labels and markings. However, in contrast to the 
proposed UL 2201, it does have a requirement that the generator be able 
to start up and operate at ambient temperatures between -15 degrees C 
and 40 degrees C (5 degrees F and 104 degrees F). But this requirement 
does not specify the ambient relative humidity that is needed to 
simulate icing conditions that may degrade the engine's ability to run 
outdoors.

3. CSA C22.2 No. 100-04 Motors and Generators

    Canadian Standards Association CSA C22.2 No. 100-04 Motors and 
Generators is a standard that includes requirements for portable and 
standby generators sold in Canada. This standard lacks any performance 
requirements that address the CO poisoning hazard. Also, it does not 
have any requirements to ensure engine operability in cold, damp 
conditions.

E. Regulatory Alternatives To Address the Risks of Injury

    Following is a discussion of some possible regulatory options 
available to the Commission.
    Under section 7 of the CPSA, the Commission has the authority to 
adopt a consumer product safety standard consisting of performance 
requirements for the product and/or requirements that the product be 
marked with or accompanied by warnings or instructions when such 
requirements are reasonably necessary to prevent or reduce an 
unreasonable risk of injury and death associated with the product. Such 
a rule could also include a certification labeling requirement as 
authorized by section 14 of the CPSA.
    Among performance requirements for portable generators the staff 
may consider are weatherization, reducing the allowable CO emission 
rates, and/or interlock devices. The Commission could also consider 
incorporating a warning label for portable generators into any standard 
issued under the authority of Section 7 of the CPSA.\3\
---------------------------------------------------------------------------

    \3\ Under section 27(e) of the CPSA, the Commission has the 
authority to issue a rule requiring a consumer product manufacturer 
to provide the Commission with performance and technical data 
related to performance and safety as may be required to carry out 
the purposes of the CPSA, and to give notification of such 
performance and technical data at the time of the original purchase 
to prospective purchasers and to the first purchaser of the product. 
On August 24, 2006, the Commission issued a separate notice of 
proposed rulemaking (NPR) at 71 FR 50003 relating specifically to 
enhancing the effectiveness of warning labels for portable 
generators under authority of section 27(e) of the CPSA and invited 
public comment on its proposal. Depending on the outcome of that 
proceeding, at some future time the result might be incorporated 
into any consumer product safety standard issued under the authority 
of section 7 of the CPSA.
---------------------------------------------------------------------------

    Under section 8 of the CPSA, the Commission has the authority to 
ban portable generators if it finds that no feasible consumer product 
safety rule would adequately protect the public from an unreasonable 
risk of injury associated with them.

F. Request for Information and Comments

    This ANPR is the first step in developing regulatory actions that 
will reduce portable generator-related deaths and injuries. The 
proceeding could result in a mandatory rule for portable generators. 
All interested persons are invited to submit to the Commission their 
comments on any aspect of the alternatives discussed above or any other 
approaches.
    In accordance with section 9(a) of the CPSA, the Commission 
solicits:
    1. Written comments with respect to the risk of injury and death 
identified by the Commission.
    2. Written comments regarding the regulatory alternatives being 
considered, their costs, and other possible alternatives for addressing 
the risk.
    3. Any existing standard or portion of a standard which could be 
issued as a proposed regulation.
    4. A statement of intention to modify or develop a voluntary 
standard to

[[Page 74474]]

address the risk of injury discussed in this notice, along with a 
description of a plan (including a schedule) to do so.
    In addition, the Commission is interested in receiving the 
following information:
    1. Any information related to reducing the CO emission rate of 
engines used on portable generators, weatherization of portable 
generators, or interlocking device concepts.
    2. Information concerning consumer use of generators, specifically, 
how long they own them, how frequently they use them and for what 
duration, and product life (in years).
    3. Information on portable generator-related shock and 
electrocutions that have occurred due to use in wet conditions and what 
conditions are believed to constitute ``wet conditions''?
    4. Information or data on the primary reasons consumers purchase 
and/or use generators and for which appliances, tools, and products 
they use the generator to supply power.
    5. Any technical data on engine performance while operating in 
temperatures below 40 degrees Fahrenheit combined with high humidity 
(conditions that induce icing).
    6. Any information or technical data to support minimum clearance 
requirements for placement of an operating generator to address each of 
the following: Cooling air flow, combustion air flow, avoidance of 
exhaust impingement on combustible surfaces, and avoidance of CO 
accumulation in nearby structures.
    7. Data on any shelter concepts for generators regarding CO level 
buildup in and dissipation from the immediate area around the shelter.
    8. Any information on the application of an electrical isolation 
monitor on a generator system to actively measure the insulation 
resistance between circuit conductors and ground.
    9. Any information on death and injury incidents involving CO, 
electrocution, and thermal hazards (fire and contact burns, etc.) 
including details of incident scenarios and nature and severity of 
injuries.
    10. Any other relevant information and suggestions about ways in 
which the safety of consumer use of portable generators might be 
improved.

    Dated: December 6, 2006.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E6-21131 Filed 12-11-06; 8:45 am]
BILLING CODE 6355-01-P