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Before promulgating a- regulation under section 7'(q) ( 1) classifying <br /> e uubatanco as a. banned hazardous substance, CPSC must find that the: -. - <br /> "regulation impasas. the: least burdensome requirement which prevents or <br /> adequately reduces. the risk of injury for which the regulation is <br /> being promulgated. 1° See- section Z (1) (2) (C) . Congress specifically, - - <br /> addressed labeling as an alternative. whsn discussing the imposition of <br /> this finding,i+' stating. <br /> The. Confereos recognize the inherent difficulty in <br /> proving or disproving. the potential. err'icacy of labels and <br /> i'n:,tructional data in determining thea least burdensome. <br /> requirement which prevents or adequately reduces a risk of <br /> injury. While the: Conforees intend to: require the <br /> Commission to undertake positive steps to study <br /> cnntsmpl4ted labeling or instructional rules, they do not <br /> intend. to. requiru that ther need for performance standards <br /> or bans' be proved with• mathematical accuracy. For <br /> example, a: study of thc+ reaction of a sampleof cansumers <br /> to warning. label's or: instructions might be -sufficient to <br /> determine whzather or not performance requirements were: <br /> justified under this section_ More. general studies, Or- <br /> studies of warnings or instructipns regarding related <br /> risks. of injury, might-. be suffiriant as well . ThA <br /> Ccnfzr•ees do not intend to require the Commission to <br /> undart�xke. 5pecif.ic. otudia$ of the epecific wording for <br /> labeling or instructional rules once the agency has <br /> decided to issue Guch' rul®s. ,:.. In evaluating:. whether <br /> labels or instructions, or rules requiring, notification O.F. <br /> data,. would adequately reduce the risk: of injury <br /> addressed, the Cemmismion is er.pectc+d to consider whether <br /> the risk will. be. reduced: to a rjuf-Ficient extent that there <br /> will no. lonror exist: an unreasonable' rink of injury. <br /> gThe section 0+* the legislative history cited. references the <br /> requiryment of the, Cnnsum9r' Product Safety Act. However the <br /> report later statDa thate. "The requirements for advance notice <br /> Di proposed ruIvmaking, prel.iminary and final ruqulatory <br /> analyses, and 'the three additional findings required for <br /> rulomaking. under vection 9 of the CPSA are ext_nded to <br /> rulemaking procaedings. author,ized by section 2 (q) and section <br /> 3 (a) of the._FHSA (Federal Hazardous: Substances Act) . " Omnibus <br /> Budget Reconciliation Act of 19811 Conference Report, H.R. Rep. <br /> Nn. 97-_08, 97th Cong. , 1st Sees. 976 ( 1921) . <br /> is .: • <br /> �7_ <br />