Consumer Product Safety Commission § 1204.1

PART 1204—SAFETY STANDARD between the antenna and the mast or FOR OMNIDIRECTIONAL CITIZENS other supporting structure, so that a BAND BASE STATION ANTENNAS harmful electric current will not pass from the antenna to a person in con- Subpart A—The Standard tact with the mast. (If this alternative were chosen, the feed cable from the Sec. antenna would have to be insulated or 1204.1 Scope of the standard. otherwise protected so that it would 1204.2 Definitions. not provide an electrical path to the 1204.3 Requirements. mast or a person touching the cable.) 1204.4 Electric shock protection tests. 1204.5 Manufacturer’s instructions. (b) Description of the standard—(1) Per- 1204.6 Findings. formance tests. The standard describes two performance tests to determine if Subpart B—Certification the means chosen by the manufacturer to protect against the shock hazard 1204.11 General. will provide adequate protection. 1204.12 Definitions. 1204.13 Certificate of compliance. (i) First, there is an Insulating Mate- 1204.14 Certification tests. rial Effectiveness Test (§ 1204.4(d) of 1204.15 Qualification testing. this subpart) in which a high voltage 1204.16 Production testing. electrode or test rod is brought into 1204.17 Records. contact with the antenna at any point FIGURES 1 AND 2 TO PART 1204—SUGGESTED IN- within the protection zone established STRUMENTATION FOR CURRENT MONI- by § 1204.2(k) of this subpart to ensure TORING DEVICE AND HIGH VOLTAGE FACIL- that the insulation can withstand the ITY voltage for 5 minutes without trans- FIGURES 3 AND 4 TO PART 1204—HIGH VOLTAGE TEST FACILITY AND ANTENNA SYSTEM mitting more than 5 milliamperes (mA) TEST SETUP root-mean-square (rms) of electric cur- rent. AUTHORITY: Secs. 2, 3, 5, 7, 9, 14, 16, 19, 25, Pub. L. 92–573, 86 Stat. 1207, 1208, 1211–17, 1220, (ii) The other test is an Antenna- as amended Pub. L. 95–319, sec. 1, 92 Stat. 386, Mast System Test (§ 1204.4(e) of this Pub. L. 94–284, 90 Stat. 503; 15 U.S.C. 2051, subpart) which is intended to deter- 2052, 2054, 2056, 2058, 2063, 2065, 2068, 2074. mine whether the means provided to SOURCE: 47 FR 36201, Aug. 19, 1982, unless protect against electrocution will otherwise noted. withstand the stress imposed when an antenna-mast system falls onto a Subpart A—The Standard power line. This test consists of mount- ing the antenna to be tested on a speci- § 1204.1 Scope of the standard. fied mast and allowing the assembled (a) General. This subpart A of part antenna and mast to fall onto a power 1204 is a consumer product safety line of 14,500 volts rms phase to ground. standard which prescribes safety re- (2) Recommended materials. (i) Since a quirements for Citizens Band substantial portion of the accidents ad- omnidirectional base station antennas. dressed by this standard occur when The standard is intended to reduce the the antenna is being taken down after risk of electrocution or serious injuries it has been installed in an outdoor en- occurring if the antenna contacts an vironment for a number of years, the electric power line while the antenna is materials selected to provide protec- being put up or taken down. One way tion from shock should be weather re- that this can be accomplished is to in- sistant. sulate the antenna so that if it con- (ii) Although other materials may tacts the power line, there is less of a also be suitable, materials meeting the likelihood that a harmful electric cur- following criteria should be reasonably rent will be transmitted from the weather resistant: power line through the antenna and (A) Material composition includes an mast and ultimately through a person ultraviolet stabilizer or screen. holding the antenna mast. Another (B) Heat resistance of 212 °F (100 °C) possible way to provide this protection without loss of elasticity (ANSI/ASTM is to incorporate an insulating barrier D 746–79).

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(C) Moisture absorption of not more firm having more than 750 employees, than 0.2 percent (ANSI/ASTM D 570–77). and which manufactures or imports (D) For heat shrinkable sleeving, products subject to the standard, upon temperature flexibility to ¥40 °F (¥40 written application, addressed to the °C) with no cracks (Mil Spec. MIL-I- Associate Executive Director for Com- 23053C, 20 May 1976). pliance and Administrative litigation, (3) Warning: Section 1204.5 of this Consumer Product Safety Commission, subpart requires a statement in the in- Washington, D.C. 20207, received not structions that the standard will not later than January 17, 1983. An applica- protect in every instance against elec- tion for extension of the effective date trocution caused by contact with shall: power lines. This is because the stand- (i) Identify the requesting firm as a ard is intended to provide protection manufacturer or importer of products for power line voltages of up to 14,500 subject to the standard. volts. Some power lines carry more (ii) State the total number of em- voltage than this. In addition, not all ployees of the firm, including all em- portions of the antenna are required to ployees of any subsidiary or division, be insulated, and the antenna’s mast is and all employees of any firm of which not required to be insulated. If the the requesting firm is a subsidiary or power line were to contact one of these division. uninsulated areas, an electrocution (iii) Request extension of the effec- could occur. Furthermore, when the tive date to a specific date not later antenna was manufactured it may not than May 27, 1983. in fact have complied with the stand- (iv) Explain why the requested exten- ard, or the insulation may have dete- sion of the effective date is needed. riorated or been damaged since the an- (v) Describe all activities undertaken tenna was manufactured. In addition, by the requesting firm to achieve com- the insulation cannot withstand high pliance with the requirements of the voltages indefinitely, and, after a pe- standard. riod of time, the current may penetrate the insulation. Therefore, even if a (vi) State that the requesting firm harmful amount of current is not will market complying products after transmitted immediately, the user the extended effective date. should not attempt to remove an an- (3) The Associate Executive Director tenna that falls into electric power for Compliance and Administrative lines, since the insulation could break Litigation will evaluate each request down while the antenna is being re- for extension of the effective date. The moved. For these reasons, persons han- following criteria will be used in deter- dling these antennas should ensure mining whether to grant an application that the antennas are kept away from for extension of the effective date: power lines so that the antenna cannot (i) Does the application demonstrate contact the line while being trans- that the requesting firm cannot meet ported, installed, or removed, even if the general effective date, the antenna is dropped. The Commis- (ii) Does the application demonstrate sion recommends that antennas be lo- that the requesting firm has made a cated at least twice the combined good faith effort to achieve compliance length of the antenna and mast from with the requirements of the standard the nearest power line. by the general effective date. (c) Scope. (1) Except as noted below, (iii) Does the application dem- the standard applies to all onstrate that the firm is likely to omnidirectional CB base station anten- produce or market complying products nas that are consumer products and are if the requested extension is granted. manufactured or imported on or after (4) The Associate Executive Director May 24, 1983. will advise each requesting firm in (2) The Commission may extend the writing if the requested extension is effective date of the standard for as granted or denied. If the Associate Ex- long as an additional 90 days for any ecutive Director for Compliance and firm which has 750 employees or fewer Administrative Litigation denies a re- and, is not a subsidiary or division of a quest for extension of the effective

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date, the firm may request the Com- (c) Base station means a transmitter mission to reconsider the denial. and/or receiver in a fixed location. (5) Section 3(a)(1) of the Consumer (d) Citizens Band (CB) means the fre- Product Safety Act (CPSA, 15 U.S.C. quency band allocated for citizen’s 2052(a)(1) defines the term consumer band radio service. product as an ‘‘article, or component (e) Current means the total rate at part thereof, produced or distributed (i) which electrical charge is transported for sale to a consumer for use in or through the antenna-mast system in around a permanent or temporary response to the applied test voltage, in- household or residence, a school, in cluding both capacitive and resistive recreation, or otherwise, or (ii) for the components. personal use, consumption or enjoy- (f) Electrical breakdown means a fail- ment of a consumer in or around a per- ure of the insulating material used manent or temporary household or res- with the antenna, such that in the An- idence, a school, in recreation, or oth- tenna-Mast System Test of § 1204.4(e) of erwise.’’ The term does not include products that are not customarily pro- this subpart, the current flowing duced or distributed for sale to, or for through the antenna-mast system is the use or consumption by, or enjoy- sufficient to actuate the automatic in- ment of, a consumer. A limited excep- ternal cut-off of the high voltage tion from coverage of the standard is source or exceeds the current that can provided by section 18(a) of the CPSA, be measured by the current monitoring 15 U.S.C. 2067, for certain products in- device. tended for export and meeting the re- (g) Feed cable means the electrical quirements of section 18(b) of the cable that connects the antenna sys- CPSA. tem to the transmitter and/or receiver. (d) Prohibited acts. It is unlawful to (h) Field joint means any joint be- manufacture for sale, offer for sale, dis- tween antenna system sections or tribute in commerce, or import into parts, or between the antenna system the United States any product subject and the mast, that is not assembled by to this standard that does not conform the antenna manufacturer. with the standard. (i) Insulating material and insulation mean a material that has a very small (Sec. 9(h), Pub. L. 92–573, 86 Stat. 1207, as amended, Pub. L. 95–319, 92 Stat. 386, Pub. L. electric conductivity. 95–631, 92 Stat. 3742, Pub. L. 96–373, 94 Stat. (j) Omnidirectional antenna means an 1366, Pub. L. 97–35, 95 Stat. 703, 15 U.S.C. antenna system designed or intended 2058(h)) primarily to exhibit approximately [47 FR 36201, Aug. 19, 1982, as amended at 48 equal signal transmission or reception FR 29683, June 28, 1983] capabilities in all horizontal directions simultaneously. § 1204.2 Definitions. (k) Protection zone means that por- In addition to the definitions given in tion of an antenna system which can section 3 of the Consumer Product contact the test rod during the Insu- Safety Act (15 U.S.C. 2052), the fol- lating Material Effectiveness Test or lowing definitions apply for the pur- can contact the power line during the poses of this standard. Antenna-Mast System Test. This zone (a) Antenna system means a device for consists of those elements of the an- radiating and/or receiving radio waves. tenna system extending from the up- Where they are present, the antenna permost tip of an upright antenna system includes active elements, downward to a point that is 12.0 inches ground plane elements, matching net- (30.5 cm) above the top of the mast works, element-connecting hardware, when the antenna system is mounted mounting hardware, feed cable, and according to the manufacturer’s in- other functional or non-functional ele- structions. ments. (l) Voltage, phase to ground, means (b) Antenna-mast system means the that voltage which exists between a completed assembly of the antenna single phase of a three phase power sys- system and the mast. tem and ground.

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§ 1204.3 Requirements. (5) ‘‘High Voltage Test’’ warning de- vices should be activated before start All omnidirectional CB base station of a test. antennas are required to comply with (6) Emergency phone numbers should the following requirements. be posted. (a) Field joints. Parts or accessories (b) Test conditions—(1) Specimens. All intended to protect a field joint so that specimens shall be tested as supplied it will meet any other requirement of by the manufacturer, following assem- this standard, and that must be put bly in accordance with the manufactur- into place by the person assembling the er’s instructions except as provided in antenna system, shall be integral with, paragraph (e)(2) of this section. or not readily removable from, at least (2) Temperature. Ambient tempera- one of the antenna sections or parts in- ture shall be in the range from 32 °F (0 volved in the joint or shall be nec- °C) to 104 °F (40 °C) essary in order to complete the joint. (3) Relative humidity. Ambient rel- (b) Feed cable. When compliance with ative humidity shall be in the range of the requirements of this standard de- from 10 to 90 percent. pends on the insulating or other prop- (4) Voltage. Voltage, phase to ground, erties of the feed cable, at least 50 feet of the power line or test probe shall be of the cable shall be supplied by the 14.5 kilovolts rms, 60 hertz. manufacturer with the antenna sys- tem. (5) Conditioning. Prior to testing, all specimens shall be exposed for at least (c) Electrical protection. Antenna sys- 4 hours to the ambient test area envi- tems shall be manufactured so that if ronment. all points within the protection zone of (c) Test equipment. (1) High voltage an antenna system were tested by the source capable of delivering at least 15 Insulating Material Effectiveness Test mA rms at 14.5 kV rms, 60 Hz. The of § 1204.4(d) of this subpart, and the source should have an automatic inter- Antenna-Mast System Test of § 1204.4(e) nal cut-off actuated by a preset current of this subpart, the current measured level. by the current monitoring device con- nected to the mast would be no greater (2) Instrumentation to measure the than 5.0 milliamperes rms and no elec- rms voltage applied to the antenna sys- tem. trical breakdown of the antenna sys- tem’s insulating material would occur. (3) Current monitoring device to indi- cate hazardous components of the total § 1204.4 Electric shock protection rms current flowing to ground through tests. the mast. One configuration of the cir- cuitry for the current monitoring de- (a) Safety precautions. For tests in- vice (shown in Figure 1) consists of volving high voltage, the following rec- three parallel branches as follows. One ommended minimum safety pre- branch consists of a resistor in series cautions should be followed: with a true-rms milliammeter with a (1) At least one test operator and one maximum error of 5% of the reading in test observer (preferably one with the frequency range of 50Hz to 10MHz cardiopulmonary resusitation (CPR) (the total of the resistor and the inter- training) should be present at every nal resistance of the milliammeter is test. to be 1000 ohms). A parallel branch con- (2) The test area (outdoors or in- sists of a 1000 ohm resistor in series doors) should secure against accidental with a 0.08 microfarad capacitor. An- intrusion by other persons during tests. other parallel branch should consist of (3) Test areas located indoors should a spark gap rated at 50 to 100 volts as be ventilated to avoid buildup of poten- a meter protection device. A different tially hazardous concentrations of gas- current monitoring device may be used eous byproducts which may result from if the measured value of the rms cur- the tests. rent corresponds to that indicated by (4) Fire extinguishers should be eas- the configuration described above. ily accessible in case materials on the (4) For the Insulating Material Effec- test specimen ignite. tiveness Test:

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(i) High voltage electrode or test rod (e) Antenna-Mast System Test proce- consisting of 1⁄4 in. (6.4 mm) diameter dure. (1) The antenna system to be test- aluminum rod. ed shall be attached to a mast in ac- (ii) Support jig, structure, or hanger cordance with mounting instructions made of insulating material which is provided by the manufacturer. The capable of holding antenna system test mast shall be assembled of commer- specimens electrically isolated from all cially available 11⁄4 inch outside diame- surrounding structures or ground. ter 16 gauge tubular steel sections, (5) For the Antenna-Mast System commonly sold for antenna-mast in- Test, a high voltage test facility, as stallations in 5 and 10 feet lengths. The shown in Figures 2 and 3, which in- slip joints between the mast sections cludes a single power line spanning be- shall be secured (as with screws) to tween two poles 95 to 105 feet (29 to 32 prohibit rotational or longitudinal meters) apart, a tensioning device to movement at the joint. The length of adjust the cable sag to from 9 to 12 the mast shall be such that when it is inches (23 to 30 cm), and a pivot fixture mounted in the pivot fixture of the (Figure 2), for holding the base of an high voltage test facility, the distance antenna-mast system, which can be from the pivot to the uppermost point moved horizontally to adjust the dis- on the antenna system is 41.75 to 42.25 tance to the cable. The cable consists feet (12.7 to 12.9 meters). of 1⁄4 in. diameter 7 by 19 galvanized (2) If a feed cable is provided with the steel aircraft cable. The low point of antenna system, it shall be used in the the cable shall be between 28 and 29 test. If no cable is provided with the feet (8.5 to 8.8 meters) above a hori- antenna system, a RG–213 feed cable zontal plane through the pivot axis of shall be used in the test for specifica- the pivot fixture. tion of an RG–213 cable see (Mil. Spec. (d) Insulating Material Effectiveness MIL-C-17/75C, 15 March 1977). In either Test procedure. (1) A short piece of typ- case, the cable shall be connected to ical tubular mast shall be attached to the antenna system, installed parallel the antenna system to be tested, in ac- to the mast, and secured by taping or cordance with mounting instructions similar means every two feet along the provided with the antenna system by length of the mast. The side of the bot- the manufacturer. tom end of the cable also shall be se- (2) If a feed cable is provided with the cured to the mast. antenna system, it shall be used in the (3) The antenna-mast system shall be test. If no cable is provided with the mounted in the pivot fixture. The pivot antenna system, a RG–213 cable shall fixture shall be adjusted so that the be used in the test (Mil Spec. MIL-C-17/ point of impact between the antenna 75C, 15 March 1977). In either case, the and the power line takes place at any cable shall be connected to the antenna desired point within the antenna’s pro- system, installed parallel to the mast, tection zone. The antenna-mast system and secured by taping or similar means shall then be erected to a position of up at one point on the mast. The side of to 5° from the vertical, leaning toward the bottom end of the cable also shall the simulated power line (see Figure 4). be secured to the mast. The antenna-mast system shall then be (3) With the antenna system properly released and allowed to fall against the supported and isolated from ground power line. The test may be performed and with the current monitoring device with different test positions such that connected to the mast, the test rod the antenna system flexes after impact shall be connected to the high voltage and slides off the power line and or so source and brought into contact with that it remains in contact with the the antenna system at any point with- power line for 5.0 minutes. Current flow in the protection zone (see § 1204.2(k) of from the antenna-mast system to this subpart). For each contact point, ground shall be monitored and recorded the voltage shall be increased from 0 to for each test. 14.5 kV at a rate of at least 2 kV per (f) Interpretation of Results. An an- second and held at 14.5 kV for 5.0 min- tenna shall pass the Insulating Mate- utes. Current shall be monitored and rial Effectiveness Test or the Antenna- the maximum recorded. Mast System Test if no electrical

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breakdown occurs and if no current (3) The Commission’s staff has esti- reading exceeds 5 mA rms. mated that since 1979 about 20 percent of the accidents involved antennas less § 1204.5 Manufacturer’s instructions. than a year old, resulting in about 8 (a) For all antennas covered under deaths in 1980. this part 1204, the following statement (4) Since a substantial portion of the shall be included in the manufacturer’s accidents associated with these anten- instructions, in addition to the mate- nas occur when the antenna is being rial required by 16 CFR 1402.4(a)(1)(ii): taken down after it has been installed in an outdoor environment for a num- Under some conditions, this antenna may not prevent electrocution. Users should keep ber of years, the standard recommends antenna away from any overhead wires. If that materials selected to provide pro- antenna contacts a power line, any initial tection from shock be weather resist- protection could fail at any time. IF AN- ant. TENNA NEARS ANY OVERHEAD WIRES, (5) The standard specifies that pro- IMMEDIATELY LET GO, STAY AWAY, AND tection shall be provided against CALL UTILITY COMPANY. voltages of 14,500 volts phase-to- (b) This warning statement shall be ground. Voltages of this level or less in a separate paragraph immediately are involved in 98 percent of the acci- following the warning statement re- dents and 95 percent of the total circuit quired by 16 CFR 1402.4(a)(1)(ii)(A). mileage of distribution circuits. (c) This warning statement shall be (b) The approximate number of con- legible and conspicuous and shall be in sumer products, or types or classes there- type that is at least as large as the of, subject to the rule. (1) The standard largest type used on the remainder of applies to omnidirectional CB base sta- the page, with the exception of the logo tion antennas. The Commission esti- and any identification of the manufac- mates that there were approximately 5 turer, brand, model, or similar designa- million omnidirectional base station tions, and that is preferably no smaller antennas in use in 1981, and at that than 10 point type. time as many as 75,000 of these anten- nas were expected to be sold each year § 1204.6 Findings. for the next several years. As required by section 9 (b) and (c) of (2) [Reserved] the Consumer Product Safety Act, 15 (c)(1) The need of the public for the U.S.C. 2058 (b) and (c), the Commission consumer products subject to the rule. makes the following findings: Omnidirectional CB base station an- (a) The degree and nature of the risk of tennas are used in non-mobile applica- injury the rule is designed to reduce. (1) tions to obtain essentially uniform re- The rule addresses the risk of injury or ceiving and transmitting capabilities death caused by electric shock in all directions simultaneously. Al- occuring when the antenna comes into though directional antennas can obtain contact with electrical power lines greater reception and transmitting ca- while the antenna is being put up or pabilities in one or more directions taken down. than can omnidirectionals, directionals (2) About 175 fatalities were esti- are generally more expensive and must mated to be associated with be oriented so that they point in the omnidirectional CB antennas in 1976. desired direction. Therefore, The estimated number of fatalities de- omnidirectional antennas are preferred clined to about 125 in 1977 and to about by many base station operators, and 55 in 1978. Since then, the number of fa- they can also be used in conjunction talities appears to have leveled off at with a directional antenna to locate about 45–50 each year. In addition to another station to which the direc- the 45–50 deaths, it is estimated that a tional antenna can then be oriented. somewhat greater number of injuries (2) CB stations are used by individ- occur annually and that about half of uals as a communications device for them are serious enough to require sur- both practical and personal enjoyment gery, amputation, skin grafts, etc. It is purposes. Some operators volunteer to common for multiple deaths or injuries monitor the commonly used and/or to occur in a single accident. emergency channels for distress calls

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and summon aid where appropriate, by as much as half, after product line relay messages, and aid local authori- changes are made to meet the stand- ties and motorists in monitoring traf- ard. The difference among some of the fic conditions and accidents. models likely to be discontinued are (3) Although operators can fabricate small (often relating only to primarily their own antennas, and antennas cosmetic features that provide a cer- made for other purposes can be adapted tain degree of product differentiation for CB use, for most operators there is but do not significantly affect perform- no adequate substitute for the commer- ance). Changes in product lines may be cial CB base station antennas subject discernible to some consumers, how- to this rule. ever, since different brands and models (d) The probable effect of the rule upon of antennas will tend to look more the utility, cost, and availability of the alike (i.e., without upper radials, product—(1) Utility. Tests performed for ‘‘hats’’ or other physical appendages the Commission have shown that an previously incorporated). The avail- external layer of insulation that will ability of replacement components for enable the antenna to comply with this older antennas may also be restricted standard can be provided that will have somewhat if new, complying compo- no significant effect on the perform- nents are not compatible with some ance of the antenna that cannot be older models. Production of complying compensated for by minor changes in antennas is expected to be sufficient to the antenna. It is also likely that an satisfy demand; no overall ‘‘shortage’’ insulated antenna’s useful life would be of antennas is anticipated as a result of somewhat longer than that of an the standard. Sales will, instead, shift uninsulated antenna. To the extent from relatively low levels for each of that manufacturers minimize the num- many models to relatively higher lev- ber of antenna elements in the protec- els for fewer models. tion zone, antennas should become less complex and bulky, and installation (e) Means of achieving the objective of may also be eased. This may tend to the order while minimizing adverse effects make installation and removal of the on competition or disruption or disloca- antenna somewhat safer as well. If the tion of manufacturing and other commer- isolation technique were used to com- cial practices consistent with the public ply with the standard, there should be health and safety. (1) The standard may no effect on the performance of the an- have significant adverse effects on tenna. competition among antenna producers. (2) Cost. For the simpler designs of The additional costs associated with omnidirectional CB base station anten- the standard, coupled with the recent nas, the manufacturers’ production history of decreasing sales, may cause costs will be increased by approxi- a number of manufacturers, including mately 20 percent, or $4 per antenna. one or two of the major producers, to For a few models, the production cost abandon production of omnidirectional increase could be as much as 50 per- CB base station antennas. The stand- cent. Some models of antennas for ard is likely to impact most heavily on which cost increases could be expected smaller manufacturers, which may to be substantially greater will likely have smaller and fewer capital sources be discontinued. Some manufacturers from which to draw funds for product already make antennas that either design and production changes and for comply with the standard or can be product testing. made to do so with changes that in- (2) Concentration of sales among the volve no significant cost increases. The two largest manufacturers will prob- average rise in retail prices due to the ably increase as a result of the stand- standard is expected to be from 20 per- ard. However, the shrinking size of the cent, or about $10 per antenna. market itself may prompt some major (3) Availability. The 30 or more dif- firms to drop this product line. Compa- ferent models of omnidirectional CB nies currently making antennas that base station antennas available to con- substantially comply with the standard sumers in 1981 are expected to be re- will probably gain a significant short- duced in number substantially, perhaps run competitive advantage over other

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producers whose products do not al- because of the cost involved in such an ready comply with the standard’s basic approach, and because consumers could provisions. install an antenna even though the (3) Compliance with the standard presence of a powerline is indicated. may be relatively more burdensome for (6) The Commission considered mak- the smaller firms in the producing in- ing the provisions of the standard less dustry. Several small firms which en- stringent and eliminating require- tered the market in the early- and mid- ments applicable to the antenna’s feed 1970’s have already left the market due cable, in order to lessen the adverse to the overall decrease in demand for impact of the standard on competition the product. Those that remain ac- and manufacturing practices. However, count for less than 10 percent of annual it was determined that such changes to unit shipments. None of these small the standard would reduce the effec- firms is expected to go out of business tiveness of the standard and thus were as a result of issuance of the standard not consistent with the public health because most also produce directional and safety. Furthermore, these changes CB and other base and mobile commu- would not significantly reduce the ad- nications antennas and equipment. verse effects on competition and manu- However, the Commission anticipates facturing practices. The elimination of that most of these small firms will requirements applicable to the feed probably discontinue omnidirectional cable would, with known technology, CB base station antenna production, at result in almost completely negating least temporarily, until a supplier of the benefits of the standard and is thus complying components is found, or not consistent with the public health until a decision can be made about and safety. long-term prospects. (7) The Commission also considered (4) In order to minimize the adverse the possibility of issuing the require- effects on competition and manufac- ments of the standard as a voluntary turing and other commercial practices, test method rather than as a manda- the standard is a performance standard tory standard. The Commission esti- defined in terms of the factors the mated that if the provisions of the Commission determined to be signifi- standard were issued as a voluntary cant for the protection of consumers. test method, the total cost of such a Thus, manufacturers have a maximum voluntary test method to consumers degree of flexibility in how to meet the during the first year after issuance standard, since the standard does not would be about 30 percent of the total specify how the protection perform- cost to consumers expected to result ance is to be obtained. from promulgation of a mandatory (5) The Commission also considered standard. However, the Commission es- alternative technical approaches to re- timated that a voluntary test method ducing or eliminating unreasonable would prevent only about 25 percent of risks of injury associated with the deaths and injuries which may be omnidirectional CB base station anten- avoided by issuance of a mandatory nas, including incorporation of provi- standard. The Commission declined to sions in the standard which would issue the provisions of the standard as allow the antenna to meet its require- a voluntary test method because it ments by grounding. The Commission concluded that such an approach would rejected this approach because of the not only prevent fewer deaths and inju- absence of any practical means for a ries each year than a mandatory stand- consumer to ensure that the ground ard, but would also have a less favor- system will be adequate to dissipate able ratio of benefits to costs than a the large amounts of power involved in mandatory standard. a powerline contact accident. Addition- (8) The Commission also considered ally, the Commission considered the the possibility of undertaking a joint possibility that the standard might re- effort with a trade association to in- quire CB base station antennas to in- form all users of CB antennas of the corporate a device to sense the electro- dangers which can result from contact magnetic field of a powerline. The with overhead powerlines as an alter- Commission rejected this alternative native to issuance of a mandatory

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standard. The Commission observed (3) As to the benefits from reduced that this alternative would have a rel- injuries, the Commission estimates atively small economic impact on the that, if 8 injuries are prevented during industry. The Commission also ob- the first year the standard is in effect, served that extensive efforts to pro- the actual costs saved by the accidents mote public awareness of the dangers prevented by the standard will amount of contacting overhead powerlines have to up to $21,000 to $37,000, exclusive of been conducted in the past by the Com- pain, suffering, or disability. If a mone- mission, antenna manufacturers, and tary factor for these less quantifiable utility companies, and that electro- components is included, annual injury cutions and serious injuries continue reduction benefits could be about to occur during installation and re- $288,000 to $1,680,000. moval of CB base station antennas. For (4) The effective date of the standard this reason, the Commission concluded was selected after balancing the in- that a public information campaign creased costs to manufacturers and would prevent fewer deaths and inju- consumers that are associated with ries than issuance of a mandatory shorter effective dates against the ben- standard, and rejected such a campaign efits to the public that would be caused as an alternative to issuance of the by having the effective date as soon as standard. possible. (f) The rule, including its effective date, (5) The requirement for the cau- is reasonably necessary to eliminate or re- tionary statement in the instructions duce an unreasonable risk of injury asso- for the antenna is intended to ensure ciated with the product. (1) The provi- the effectiveness of the standard by discouraging any relaxation of present sions of the standard constitute a re- safety practices involving staying lated system of performance param- away from powerlines. Since instruc- eters which are needed as a group to tions for this product are already re- ensure that the performance of new an- quired by 16 CFR part 1402, the addi- tennas will provide the degree of safety tional statement should have little or which the Commission has determined no adverse economic impact. is reasonably necessary. Minor changes (6) After considering the costs and in the value of each parameter would benefits associated with the standard, not significantly reduce the costs of the Commission concludes that the the standard, although in some cases standard, including its effective date, they could substantially reduce the is reasonably necessary to eliminate or standard’s effectiveness. reduce an unreasonable risk of electric (2) The Commission estimates that shock injury associated with increased retail prices due to the omnidirectional CB base station anten- standard will cost consumers up to nas and that promulgation of the rule about $750,000 per year. The Commis- is in the public interest. sion also estimates that the standard will prevent approximately 8 deaths and 8 or more injuries during the first Subpart B—Certification year the standard is in effect. Thus, if § 1204.11 General. the standard saves 8 lives per year, the cost of the standard will be about Section 14(a) of the Consumer Prod- $94,000 for each life saved. 1 uct Safety Act (‘‘the act’’), 15 U.S.C. 2063(a), requires each manufacturer, 1 The Commission believes that, in the area private labeler, or importer of a prod- of consumer product safety, it is not gen- uct which is subject to a Consumer erally necessary or appropriate to assign a Product Safety Standard and which is specific monetary value to human life. How- distributed in commerce to issue a cer- ever, several studies on the costs of injuries tificate of compliance with the applica- and deaths have been conducted in recent ble standard and to base that certifi- years. Value-of-life estimates based on dis- cate upon a test of each item or upon counted future earnings and the willingness- to-pay approach range from about $200,000 to about $3 million. The estimated costs of the or within the range suggested by these CB antenna standard per life saved fall below value-of-life estimating methodologies.

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a reasonable testing program. The pur- by or for the foreign manufacturer of a pose of this subpart B of part 1204 is to product, the importer may rely on such establish requirements that manufac- tests to support the certificate of com- turers and importers must follow to pliance if the importer is a resident of certify that their products comply with the United States or has a resident the Safety Standard for agent in the U.S., and the records are Omnidirectional CB base Station An- maintained in the U.S. The importer is tennas (16 CFR part 1204, subpart A). responsible for ensuring that the for- Private labelers of CB antennas subject eign manufacturer’s records show that to the standard need not issue a certifi- all testing used to support the certifi- cate of compliance if they have been cate of compliance has been performed furnished a certificate issued by the properly with passing or acceptable re- manufacturer or importer of the anten- sults and that the records provide a nas. This subpart B describes the min- reasonable assurance that all antennas imum features of a reasonable testing imported comply with the standard. program and includes requirements for (b) A certificate of compliance must recordkeeping. accompany each product or otherwise be furnished to any distributor or re- § 1204.12 Definitions. tailer to whom the product is delivered In addition to the definitions set by the manufacturer or importer. forth in section 3 of the act, and in (c) The certificate shall state: § 1204.2 of the standard, the following (1) That the product ‘‘complies with definitions shall apply to this subpart all applicable consumer product safety B of part 1204: standards (16 CFR part 1204)’’, (a) Private labeler means an owner of (2) The name and address of the man- a brand or trademark which is used on ufacturer or importer issuing the cer- the label of a CB antenna subject to tificate, and the standard, which bears a private (3) The date of manufacture and, if label as defined in section 3(a)(7) of the different from the address in paragraph act, 15 U.S.C. 2052(a)(7). (c)(2) of this section, the place of man- (b) Production interval means a period ufacture. of time determined by the manufac- turer or importer that is appropriate § 1204.14 Certification tests. for conducting a test on one or more (a) General. As explained in § 1204.11 of samples of the CB antennas produced this subpart, certificates of compliance during that period in order to provide a required by section 14(a) of the act high degree of assurance that all of the must be based on either a test of each products manufactured during that pe- item or on a reasonable testing pro- riod meet the requirements of the gram. standard. An appropriate production (b) Tests of each item. If the certificate interval may vary depending on the is based on tests of each item, the tests construction of the antenna, the likeli- may be either those prescribed by the hood of variations in the production standard or any other test procedure process, and the severity of the test that will determine that the item test- that is used. The time period for a pro- ed will comply with the standard. duction interval shall be short enough (c) Reasonable testing programs—(1) to provide a high degree of assurance Requirements. (i) A reasonable testing that if the samples selected for testing program for a particular model of CB pass the test, all other CB antennas antennas is one which demonstrates produced during the period will meet with a high degree of assurance that all the standard. the antennas of that model will meet all requirements of the standard. Man- § 1204.13 Certificate of compliance. ufacturers and importers shall deter- (a) The manufacturer or importer of mine the types and frequency of test- any product subject to the standard ing for their own reasonable testing must issue the certificate of compli- programs. A reasonable testing pro- ance required by section 14(a) of the gram which does not test each item act. If the testing required by this sub- produced should be sufficiently strin- part B of part 1204 has been performed gent that any variations in production,

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etc., over the production interval initial qualification testing, that could would not cause any antenna to fail if affect the ability of the product to tested according to the requirements of meet the requirements of the standard, the standard. additional qualification tests must be (ii) All reasonable testing programs made before the changed antennas are shall include qualification tests, which manufactured for sale or distributed in must be performed on one or more sam- commerce. ples of the CB antennas representative of each model produced, or to be pro- § 1204.16 Production testing. duced, to demonstrate that the product (a) General. Manufacturers and im- is capable of passing the tests pre- porters shall test antennas subject to scribed by the standard and shall also include production tests, which must the standard periodically as they are be performed during appropriate pro- manufactured, to demonstrate that the duction intervals as long as the prod- antennas meet the requirements of the uct is being manufactured. standard. (iii) Corrective action and/or addi- (b) Types and frequency of testing. tional testing must be performed when- Manufacturers and importers shall de- ever certification tests of samples of termine the types of tests for produc- the product give results that do not tion testing. Each production test shall provide a high degree of assurance that be conducted at a production interval all antennas manufactured during the short enough to provide a high degree applicable production interval will pass of assurance that, if the samples se- the tests of the standard. lected for testing pass the production (2) Testing by third parties. At the op- tests, all other antennas produced dur- tion of the manufacturer or importer, ing the interval will meet the standard. some or all of the testing of each item (c) Test failure—(1) Sale of antennas. If or of the reasonable testing program any test yields results which do not in- may be performed by a commercial dicate that all antennas manufactured testing laboratory or other third party. during the production interval will However, the manufacturer or importer meet the standard, production must is responsible for ensuring that all cer- cease and the faulty manufacturing tification testing has been properly process or design must be corrected. In performed with passing or acceptable addition, products manufactured before results and for maintaining all records the appropriate corrective action is of such tests in accordance with taken may not be distributed in com- § 1204.17 of this subpart. merce unless they meet the standard. § 1204.15 Qualification testing. It may be necessary to modify the an- tennas or perform additional tests to (a) Testing. Before any manufacturer ensure that only complying antennas or importer of CB antennas which are are distributed in commerce. Antennas subject to the standard distributes them in commerce, one or more sam- which are subject to the standard but ples of each model shall be tested to do not comply with the requirements determine that all such antennas man- of the standard cannot be offered for ufactured after the effective date of the sale, distributed in commerce, or im- standard will comply with the stand- ported in the United States. ard. The type of tests and the manner (2) Corrective actions. When any pro- of selecting samples shall be deter- duction test fails to provide a high de- mined by the manufacturer or importer gree of assurance that all antennas to provide a reasonable assurance that comply with the standard, corrective all antennas subject to the standard action must be taken. Corrective ac- will comply with the standard. Any or tion may include changes in the manu- all of the qualification testing required facturing and/or assembly process, by this paragraph may be performed equipment adjustment, repair or re- before the effective date of the stand- placement, or other action deemed ap- ard. propriate by the manufacturer or im- (b) Product modifications. If any porter to achieve passing production changes are made to a product, after test results.

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§ 1204.17 Records. and results of the tests, and the pro- duction interval selected for the per- Each manufacturer or importer of CB formance of the production testing. antennas subject to the standard shall (b) Records of all corrective actions maintain the following records, which taken, including the specific actions shall be maintained for 3 years after taken to improve the design or manu- the creation of the records and shall be facture and to correct any noncom- available to any designated officer or plying antenna produced during the pe- employee of the Commission in accord- riod, the date the action was taken, ance with section 16(b) of the Consumer and the test failure which necessitated Product Safety Act (15 U.S.C. 2065(b)): the action. (a) Records of the qualification and (Information collection requirements con- production testing required by this tained in paragraph (a) were approved by the subpart B, including a description of Office of Management and Budget under con- the types of tests conducted, the dates trol number 3041–0006)

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FIGURES 1 AND 2 TO PART 1204—SUGGESTED INSTRUMENTATION FOR CURRENT MONITORING DEVICE AND HIGH VOLTAGE FACILITY

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FIGURES 3 AND 4 TO PART 1204—HIGH VOLTAGE TEST FACILITY AND ANTENNA SYSTEM TEST SETUP

[47 FR 36201, Aug. 19, 1982; 48 FR 57125, Dec. 28, 1983]

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PART 1205—SAFETY STANDARD mowers manufactured or imported on FOR WALK-BEHIND POWER LAWN or after the effective date of the stand- MOWERS ard are subject to the requirements of this standard if they are ‘‘consumer Subpart A—The Standard products’’. ‘‘Walk behind power lawn mower’’ is defined as a grass cutting Sec. machine with a minimum cutting 1205.1 Scope of the standard. width of 12 in (305 mm) that employs an 1205.2 Effective date. engine or motor as a power source. Sec- 1205.3 Definitions. 1205.4 Walk-behind rotary power mower pro- tion 3(a)(1) of the Consumer Product tective shields. Safety Act (‘‘CPSA’’), 15 U.S.C. 1205.5 Walk-behind rotary power mower 2052(a)(1), defines the term consumer controls. product as an ‘‘article, or component 1205.6 Warning labels for reel-type and ro- part thereof, produced or distributed (i) tary power mowers. for sale to a consumer for use in or 1205.7 Prohibited stockpiling. 1205.8 Findings. around a permanent or temporary household or residence, a school, in Subpart B—Certification recreation, or otherwise, or (ii) for the personal use, consumption or enjoy- 1205.30 Purpose, scope, and application. ment of a consumer in or around a per- 1205.31 Effective date. 1205.32 Definitions. manent or temporary household or res- 1205.33 Certification testing. idence, a school, in recreation, or oth- 1205.34 Recordkeeping requirements. erwise.’’ The term does not include 1205.35 Product certification and labeling by products that are not customarily pro- manufacturers. duced or distributed for sale to, or for 1205.36 Product certification and labeling by the use or consumption by, or enjoy- importers. ment of, a consumer. AUTHORITY: Secs. 2, 3, 7, 9, 14, 19, Pub. L. (2) It is unlawful to manufacture for 92–573, 86 Stat. 1207, 1208, 1212–1217, 1220, 1224; sale, offer for sale, distribute in com- 15 U.S.C. 2051, 2052, 2056, 2058, 2063, 2068; sec. merce, or import into the United 1212, Pub. L. 97–35, 95 Stat. 357. States any product subject to this SOURCE: 44 FR 10024, Feb. 15, 1979, unless standard that is not in conformity with otherwise noted. the standard. The Commission is not applying the standard to rental trans- Subpart A—The Standard actions or to the ultimate sale of used rental mowers by rental firms. § 1205.1 Scope of the standard. (c) Exclusions—(1) General. Mowers (a) General. This subpart A of part that have all three of the following 1205 is a consumer product safety characteristics are not covered by the standard which prescribes safety re- standard: quirements for certain walk-behind (i) A cutting width of 30 in (762 mm) power lawn mowers, including labeling or greater, and performance requirements. The (ii) A weight of 200 lb (90.7 kg) or performance requirements of the stand- more, and ard apply to rotary mowers. The label- ing requirements apply to both rotary (iii) For engine-powered mowers, an and reel-type mowers. The standard is engine of 8 horsepower (6 kw) or more. intended to reduce the risk of injury to (2) Reel-type mowers. Reel-type power consumers caused by contact, pri- lawn mowers need not meet the per- marily of the foot and hand, with the formance requirements of the standard rotating blade of the mower. A detailed but they must be labeled as required by discussion of the risk of injury and of § 1205.6. the anticipated costs, benefits, and other factors associated with the § 1205.2 Effective date. standard is contained in § 1205.8 Find- This standard applies to all rotary ings. walk behind power lawn mowers manu- (b) Scope. (1) Except as provided in factured after June 30, 1982, except paragraph (c) of this section, all walk- § 1205.6 Warning labels, applies to rotary behind rotary and reel-type power lawn and reel-type walk-behind power lawn

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