Developing Solutions

Before deciding to start the rulemaking process, an agency evaluates possible alternatives. For example, agencies will evaluate whether the problem might be fixed without the issuance of a rule through what is often referred to as $$marketplace incentives.$$ They may look at whether consumer reactions to a problem will result in a manufacturer making changes to fix the problem. Agencies may also consider whether there are less burdensome alternatives than requiring such things as changing a manufacturing process or an operating procedure; for example, an agency may decide that requiring the disclosure of information on or labeling a product would achieve the agency$$s objective. The agency may also evaluate a range of possible substantive alternatives to fixing the problem. For example, it might assess whether it should require replacement of a part or more frequent inspections of it$.$ Whenever possible, agencies try to use performance standards rather than design standards. The latter would prescribe a specific fix, such as half$-$inch thick steel plating. The former sets a standard or objective that must be met. For example, if a crash test with dummies is required, the test instruments in the dummies must show that injuries did not exceed a specified level. The manufacturer can meet the performance standard through whatever means it deems best.

Agencies use economic analyses $($sometimes referred to as benefit$-$cost analyses, regulatory impact analyses, or regulatory evaluations$)$ to help them determine the best alternative and whether the benefits of the rule would justify its costs.

Refer to the passage above to answer questions $4749.$

$47.$ According to the passage, which of the following is not an alternative to initiating the rulemaking process?

a$.$ A baby$$s crib that leads to injury is recalled by a manufacturer voluntarily.

b$.$ Placing stickers on a manufactured table to indicate it is not for standing on$.$

c$.$ A stereo system is discontinued due to poor customer reviews.

d$.$ A cellphone volume control is ordered to accommodate the hearing impaired.

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$48.$ Which of the following is considered a performance standard?

a$.$ Setting the weight capacity for an elevator.

b$.$ Mandating thread count for seatbelts.

c$.$ Requiring a specific material density in brake pads.

d$.$ Imposing height demands for balcony railings.

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$49.$ Which of the following is considered a design standard?

a$.$ Requiring that paint on ceramic goods does not run off.

b$.$ Requiring a voltage maximum for specific home appliances.

c$.$ Requiring that bedsprings will not puncture a mattress.

d$.$ Requiring that plastics holding food products not release chemicals.

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