such hazards or which do not comply with existing safety requirements. The Office negotiates and subsequently monitors corrective action plans designed to give public notice of hazards and recall defective or non-complying products subject to the Commission's jurisdiction, gives public warning to consumers where appropriate, and provides guidelines and directs the field in negotiating and monitoring corrective action plans designed to recall products which fail to comply with specific regulations. It gathers information on generic product hazards which may lead to subsequent initiation of safety standard setting procedures. The Office develops surveillance strategies and programs designed to assure compliance with Commission standards and regulations. It originates instructions to field offices and provides subsequent interpretations or guidance for field surveillance and enforcement activities.

[56 FR 30496, July 3, 1991, as amended at 60 FR 26825, May 19, 1995]

$1000.25 Office of Human Resources Management.

The Office of Human Resources Management, which is managed by the Director of the Office, provides human resources management support to the Commission in the areas of recruitment and placement, position classification, training and executive development, employee and labor relations, employee benefits and retirement assistance, employee assistance programs, drug testing, leave administration, disciplinary and adverse actions, grievances and appeals, and performance management.

[59 FR 66673, Dec. 28, 1994]

$1000.28 Office of Information Services.

The Office of Information Services, which is managed by the Assistant Executive Director for Information Services, is responsible for general policy, controlling and conducting managerial activities and operations relating to the collection, use, and dissemination of information by the agency. The Office manages the Commission's information system that supports all its

program activities. The Office provides automated data processing and operational support for data collection, information retrieval, report generation, electronic mail, and statistical and mathematical operations of the agency. The Office maintains the agency's local area networks and develops and supports other network applications. The Office develops plans for improving agency operations through the use of information technology. The Office's functional responsibilities include planning, organizing, and directing information resources management (including records management and related requirements), and the managing of the agency's management directives system. The Office manages the Commission's telecommunications services including the agency's toll-free Hotline by which the public reports hazardous consumer products and receives information about product recalls and product hazards. It also oversees operation of the Commission's Internet and faxon-demand services.

[60 FR 26825, May 19, 1995]

$1000.27 Directorate for Epidemiology.

The Directorate for Epidemiology, which is managed by the Associate Executive Director for Epidemiology, is responsible for injury and human factors data analysis to identify consumer-product related hazards or hazard patterns. The Directorate collects data on consumer product-related hazards and potential hazards, determines the frequency, severity, and distribution of the various types of injuries, and investigates their causes. It assesses the effects of product safety standards and programs on consumer injuries and conducts epidemiological and human factors studies and research in the field of consumer product-related injuries. The Directorate provides statistical support for all other Commission organizations, including, but not limited to, standards development, certification programs, and sampling for field inspection programs. It performs risk assessments based on injury and incident data for physical, thermal, and electrical hazards in consumer products. It maintains the National Injury Information Clearing

house and manages the National Electronic Injury Surveillance System (NEISS). The Directorate manages hazard assessment and reduction projects as assigned.

[56 FR 30496, July 3, 1991. Redesignated at 59 FR 66673, Dec. 28, 1994]

§ 1000.28 Directorate for Economic Analysis.

The Directorate for Economic Analysis, which is managed by the Associate Executive Director for Economic Analysis, is responsible for providing the Commission with advice and information on economic and environmental matters and on the economic, social and environmental effects of Commission actions. It analyzes the potential effects of CPSC actions on consumers and on industries, including effects on competitive structure and commercial practices. The Directorate acquires, compiles, and maintains economic data on movements and trends in the general economy and on the production, distribution, and sales of consumer products and their components to assist in the analysis of CPSC priorities, policies, actions, and rules. It plans and carries out economic surveys of consumers and industries. It studies the costs of accidents and injuries. It evaluates the economic, societal, and environmental impact of product safety rules and standards. It performs regulatory analyses and studies of costs - and benefits of CPSC actions as required by the Consumer Product Safety Act, The National Environmental Policy Act, the Regulatory Flexibility Act and other Acts, and by policies established by the Consumer Product Safety Commission. The Directorate manages hazard assessment and reduction projects as assigned.

[56 FR 30496, July 3, 1991. Redesignated at 59 FR 66673, Dec. 28, 1994]

projects as assigned by the Office of Hazard Identification and Reduction; develops and evaluates performance criteria, design specifications, and quality control standards for certain consumer products; provides scientific and technical expertise to the Commission and Commission staff; provides advice on proposed mandatory standards and industry voluntary standard efforts; performs or monitors research in the engineering sciences; and provides analytical services in support of the Commission's enforcement activities. It provides reliability engineering and quality control analysis in support of standards development, product certification, and compliance product testing; and provides engineering technical support to all Commission organizations, activities, and programs. The Directorate analyzes accident data, develops accident scenarios, and recommends solutions.

[59 FR 66674, Dec. 28, 1994]

The Directorate for Health Sciences, which is managed by the Associate Executive Director for Health Sciences, is responsible for developing science policy and implementing the Commission's Health Sciences program. The Directorate's functional responsibilities include development and evaluation of the content of product safety standards and test methods based on the chemical, biological and medical sciences. The Directorate also provides health sciences and medical expertise to the Commission, and develops and evaluates performance criteria, design specifications, and quality control standards for certain consumer products. It provides advice on proposed standards. It collects health sciences, exposure, and medical data, reviews and evaluates toxicological, medical, and chemical hazards, and determines exposure, uptake and metabolism, including information on population segments at risk. It performs risk assessments for chemical hazards, and physical hazards based on methods such as medical injury modeling, in consumer products. It provides the Commission's primary source of technical expertise for implementation of the Poison Pre

vention Packaging Act. It provides the expertise on how chemical products are manufactured and provides scientific support to the Commission's regulatory development and enforcement activities. It provides health sciences and medical support to all Commission organizations, activities, and programs. It manages hazard assessment and reduction projects as assigned. The Directorate provides scientific liaison with the National Toxicological Program, the Department of Health and Human Services, the Occupational Health and Safety Administration, the Environmental Protection Agency, other federal agencies and programs, and other organizations concerned with reducing the risks to consumers from exposure to chemical hazards.

[59 FR 66674, Dec. 28, 1994]

$1000.31 Directorate for Laboratory Sciences.

The Directorate for Laboratory Sciences, which is managed by the Associate Executive Director for Laboratory Sciences, is responsible for implementing the Commission's engineering and health sciences laboratories programs. The Directorate's functional responsibilities include development and evaluation of product safety standards, and product safety tests and test methods, based on engineering and other physical sciences, chemical, and biological sciences to support general agency regulatory activities. The Directorate develops and evaluates performance criteria, design specifications and quality control standards for certain consumer products. It provides engineering, scientific, and technical expertise to the Commission, conducts engineering tests and studies of the safety of consumer products, evaluates industry voluntary standards efforts, and participates in the development of product safety standards. It performs and monitors research and conducts studies of the safety of, or improving the safety of, consumer products in engineering, other physical sciences, chemical, and biological sciences. The Directorate is composed of two divisions, the Engineering Laboratory Division and the Health Sciences Laboratory Division. The Directorate provides engineering and scientific services in

support of the Commission's enforcement activities. It coordinates engineering research, testing, and evaluation activities with the National Institute of Standards and Technology and other federal agencies, private industry, and consumer interest groups. It provides the Commission's expertise and laboratory support to other laboratories and other chemical and biological testing facilities. It provides chemical and biological laboratory support to all Commission organizations, activities, and programs. The Directorate provides technical supervision and direction of engineering activities including tests and analyses conducted in the field.

[59 FR 66674, Dec. 28, 1994]

§1000.32 Directorate for Administration.

The Directorate for Administration, which is managed by the Associate Executive Director for Administration, is responsible for formulating general administrative policies supporting the Commission in the areas of financial management, procurement, and general administrative support services including property and space management, physical security, printing, and warehousing. The Directorate is responsible for the payment, accounting, and reporting of all expenditures within the Commission and for operating and maintaining the Commission's accounting system and subsidiary Management Information System which allocates staff work time and costs to programs and projects.

[60 FR 26825, May 19, 1995]

§ 1000.33 Directorate for Field Operations.

(a) The Directorate for Field Operations, which is managed by the Associate Executive Director for Field Operations, has direct line authority over all Commission field operations; develops, issues, approves, or clears proposals and instructions affecting the field activities; and provides a central point within the Commission from which Headquarters officials can obtain field support services. The Directorate provides direction and leadership to the Regional Center Directors and to all

field employees and promulgates policies and operational guidelines which form the framework for management of Commission field operations. The Directorate works closely with the other Headquarters functional units, the Regional Centers, and other field offices to assure effective Headquarters-field relationships, proper allocation of resources to support Commission priorities in the field, and effective performance of field tasks. It represents the field and prepares field program documents. It coordinates direct contact procedures between Headquarter's offices and Regional Centers. The Directorate is also responsible for liaison with State, local, and other Federal agencies on product safety programs in the field.

(b) Regional Centers are responsible for carrying out investigative, compliance, and consumer information and public affairs activities within their areas. They encourage voluntary industry compliance with the laws and regulations administered by the Commission, identify product related incidents and investigate selected injuries or deaths associated with consumer products, and implement wide-ranging public information and education programs designed to reduce consumer product injuries. They also provide support and maintain liaison with components of the Commission, other Regional Centers, and appropriate Federal, State, and local government offices.

[56 FR 30496, July 3, 1991. Redesignated at 59 FR 66673, Dec. 28, 1994]

PART 1009-GENERAL STATEMENTS OF POLICY OR INTERPRETATION

Sec.

1009.3 Policy on imported products, importers, and foreign manufacturers.

1009.8 Policy on establishing priorities for Commission action.

1009.9 Policy regarding the granting of emergency exemptions from Commission regulations.

§ 1009.3 Policy on imported products, importers, and foreign manufactur

ers.

(a) This policy states the Commission's views as to imported products

subject to the Consumer Product Safety Act (15 U.S.C. 2051) and the other Acts the Commission administers: The Federal Hazardous Substances Act (15 U.S.C. 1261), the Flammable Fabrics Act (15 U.S.C. 1191), the Poison Prevention Packaging Act (15 U.S.C. 1471), and the Refrigerator Safety Act (15 U.S.C. 1211). Basically, the Policy states that in order to fully protect the American consumer from hazardous consumer products the Commission will seek to ensure that importers and foreign manufacturers, as well as domestic manufacturers, distributors, and retailers, carry out their obligations and responsibilities under the five Acts. The Commission will also seek to establish, to the maximum extent possible, uniform import procedures for products subject to the Acts the Commission administers.

(b) The Consumer Product Safety Act recognizes the critical position of importers in protecting American consumers from unreasonably hazardous products made abroad and accordingly, under that Act, importers are made subject to the same responsibilities as domestic manufacturers. This is explicitly stated in the definition of "manufacturer" as any person who manufacturers or imports a consumer product (Section 3(a)(4); 15 U.S.C. 2052(a)(4)).

(c) The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.), the Flammable Fabrics Act (15 U.S.C. 1191 et seq.), the Poison Prevention Packaging Act (15 U.S.C. 1471 et seq.), which were transferred to the jurisdiction of the Consumer Product Safety Commission under its enabling act, all assign responsibilities to importers comparable to those of manufacturers and distributors.

(d) Historically, foreign-made products entering the United States were "cleared" by those agencies with particular jurisdiction over them. Products so cleared were limited in number relative to total imports. The Consumer Product Safety Commission has jurisdiction over a far larger number of products entering the United States through over 300 ports of entry. In addition, the total number of imports has dramatically increased over the years and modern technology has brought air transport and container

ized freight for rapid handling and distribution of consumer and other products. For the Commission to effectively “clear" such products through ports of entry could seriously impede and delay the transport of consumer products and impose additional costs to both the consumer and the importer.

(e) The Consumer Product Safety Act provides alternative means to both assure the consumer safe products and facilitate the free movement of consumer products in commerce. For example, it requires certification by manufacturers (foreign and domestic), importers and private labelers of products that are subject to a consumer product safety standard. Such certification must be based on a test of each product or upon a reasonable testing program. The other acts enforced by the Commission do not specifically require certificates; however, both the Flammable Fabrics Act and the Federal Hazardous Substances Act encourage guarantees of compliance by protecting from criminal prosecution persons who have in good faith received such guarantees (15 U.S.C. 1197(a); 16 CFR 302.11; 15 U.S.C. 1264(b)).

(f) In the interest of giving the American consumer the full measure of protection from hazardous products anticipated by the Congress, it is the Commission's policy to assure that importers and foreign manufacturers carry out their responsibilities under all laws administered by this Commission. Specifically:

(1) Importers have responsibilities and obligations comparable to those of domestic manufacturers. Rules and regulations promulgated by the Commission will reflect these responsibilities and obligations.

(2) In promulgating its rules and regulations, the Commission encourages the participation and comments of the import community, including importers and foreign manufacturers.

(3) All imported products under the jurisdiction of the Consumer Product Safety Commission shall, to the maximum extent possible, be subject to uniform import procedures. The Commission recognizes the need to establish and implement procedures that minimize delay and expense involved in inspecting cargo at a port of entry. The

Commission encourages cooperation between importers, foreign manufacturers and foreign governments, which increases the safety of the consumer and facilitates the free movement of goods between countries.

(4) When enforcement actions are appropriate, they will be directed toward the responsible officials of any import organization and will not be restricted to action solely against the product.

(5) Legal actions sought by the Commission will usually be primarily directed toward the owner or consignee of imported goods rather than against the customs broker even though his or her name may appear as the importer of record. However, the Commissioner believes it will not serve the public interest to impede the Commission's rights of investigation and enforcement by exempting a customs broker from the coverage of the law merely because of his or her title or usual form of business. It may be relevant that a customs broker, who does not have an ownership interest in the goods but who is acting as an agent for the actual owner or consignee, signs the entry documents as importer of record. What effect and possible need for inclusion this will have in a particular case can be judged by the Commission on a caseby-case basis.

(6) Commission procedures on imports shall be developed in the context of the overall responsibilities, authorities, priorities, resources, and compliance philosophy of this Commission. Any existing procedures which have been inherited from predecessor agencies will be reviewed and revised, if necessary, to be consistent with the authority and philosophy of this Commission.

(g) The Commission recognizes that the importer may not be the only person to be held responsible for protecting American Consumers from unreasonably hazardous products made abroad, but the importer is, at least, in a strategic position to guarantee the safety of imported products.

(h) Whenever, in the application of this policy, it appears that barriers to free trade may arise, the Commission may consider exceptions to this policy insofar as it can be done without compromising the Commission's respon