July 17, 2017
On February 2, 2017, the Consumer Product Safety Commission (CPSC) published a proposed rule titled: Amendments to Fireworks Regulations. The U.S. Small Business Administration’s Office of Advocacy (Advocacy) applauds CPSC’s efforts to make fireworks safer for consumers, but believes that CPSC’s Initial Regulatory Flexibility Analysis (IRFA) is inadequate in assessing the costs to small business. Advocacy is concerned that CPSC improperly certifies the rule without a factual basis. Advocacy recommends that CPSC publish for public comment either a supplemental IRFA that properly assesses the costs to small businesses and includes alternatives to the rule with cost data and explanations as to why the alternatives were not selected; or if the Commission determines the rule will not have a significant impact on a substantial number of small entities, certify the rule using a proper factual basis and certification language.