An application for an exemption from preemption shall also contain information demonstrating that the State or local requirement provides a significantly higher degree of protection from the risk of injury or illness than the preempting Commission statute, standard, or regulation. More specifically, an application shall contain:
- (a) A description of the risk of injury or illness addressed by the State or local requirement.
- (b) A detailed explanation of the State or local requirement and its rationale.
- (c) An analysis of differences between the State or local requirement and the Commission statute, standard, or regulation.
- (d) A detailed explanation of the State or local test method and its rationale.
- (e) Information comparing available test results for the Commission statute, standard, or regulation and the State or local requirement.
- (f) Information to show hazard reduction as a result of the State or local requirement, including injury data and results of accident simulation.
- (g) Any other information that is relevant to applicant's contention that the State or local requirement provides a significantly higher degree of protection than does the Commission statute, standard, or regulation.
- (h) Information regarding enforcement of the State or local requirement and sanctions that could be imposed for noncompliance.