15 U.S.C. § 2058 : US Code - Section 2058: Procedure for consumer product safety rules

Search 15 U.S.C. § 2058 : US Code - Section 2058: Procedure for consumer product safety rules

(a) Commencement of proceeding; publication of prescribed notice of
proposed rulemaking; transmittal of notice
A proceeding for the development of a consumer product safety
rule shall be commenced by the publication in the Federal Register
of an advance notice of proposed rulemaking which shall -
(1) identify the product and the nature of the risk of injury
associated with the product;
(2) include a summary of each of the regulatory alternatives
under consideration by the Commission (including voluntary
consumer product safety standards);
(3) include information with respect to any existing standard
known to the Commission which may be relevant to the proceedings,
together with a summary of the reasons why the Commission
believes preliminarily that such standard does not eliminate or
adequately reduce the risk of injury identified in paragraph (1);
(4) invite interested persons to submit to the Commission,
within such period as the Commission shall specify in the notice
(which period shall not be less than 30 days or more than 60 days
after the date of publication of the notice), comments with
respect to the risk of injury identified by the Commission, the
regulatory alternatives being considered, and other possible
alternatives for addressing the risk;
(5) invite any person (other than the Commission) to submit to
the Commission, within such period as the Commission shall
specify in the notice (which period shall not be less than 30
days after the date of publication of the notice), an existing
standard or a portion of a standard as a proposed consumer
product safety standard; and
(6) invite any person (other than the Commission) to submit to
the Commission, within such period as the Commission shall
specify in the notice (which period shall not be less than 30
days after the date of publication of the notice), a statement of
intention to modify or develop a voluntary consumer product
safety standard to address the risk of injury identified in
paragraph (1) together with a description of a plan to modify or
develop the standard.
The Commission shall transmit such notice within 10 calendar days
to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives.
(b) Voluntary standard; publication as proposed rule; notice of
reliance of Commission on standard
(1) If the Commission determines that any standard submitted to
it in response to an invitation in a notice published under
subsection (a)(5) of this section if promulgated (in whole, in
part, or in combination with any other standard submitted to the
Commission or any part of such a standard) as a consumer product
safety standard, would eliminate or adequately reduce the risk of
injury identified in the notice under subsection (a)(1) of this
section, the Commission may publish such standard, in whole, in
part, or in such combination and with nonmaterial modifications, as
a proposed consumer product safety rule.
(2) If the Commission determines that -
(A) compliance with any standard submitted to it in response to
an invitation in a notice published under subsection (a)(6) of
this section is likely to result in the elimination or adequate
reduction of the risk of injury identified in the notice, and
(B) it is likely that there will be substantial compliance with
such standard,
the Commission shall terminate any proceeding to promulgate a
consumer product safety rule respecting such risk of injury and
shall publish in the Federal Register a notice which includes the
determination of the Commission and which notifies the public that
the Commission will rely on the voluntary standard to eliminate or
reduce the risk of injury, except that the Commission shall
terminate any such proceeding and rely on a voluntary standard only
if such voluntary standard is in existence. For purposes of this
section, a voluntary standard shall be considered to be in
existence when it is finally approved by the organization or other
person which developed such standard, irrespective of the effective
date of the standard. Before relying upon any voluntary consumer
product safety standard, the Commission shall afford interested
persons (including manufacturers, consumers, and consumer
organizations) a reasonable opportunity to submit written comments
regarding such standard. The Commission shall consider such
comments in making any determination regarding reliance on the
involved voluntary standard under this subsection.
(c) Publication of proposed rule; preliminary regulatory analysis;
contents; transmittal of notice
No consumer product safety rule may be proposed by the Commission
unless, not less than 60 days after publication of the notice
required in subsection (a) of this section, the Commission
publishes in the Federal Register the text of the proposed rule,
including any alternatives, which the Commission proposes to
promulgate, together with a preliminary regulatory analysis
containing -
(1) a preliminary description of the potential benefits and
potential costs of the proposed rule, including any benefits or
costs that cannot be quantified in monetary terms, and an
identification of those likely to receive the benefits and bear
the costs;
(2) a discussion of the reasons any standard or portion of a
standard submitted to the Commission under subsection (a)(5) of
this section was not published by the Commission as the proposed
rule or part of the proposed rule;
(3) a discussion of the reasons for the Commission's
preliminary determination that efforts proposed under subsection
(a)(6) of this section and assisted by the Commission as required
by section 2054(a)(3) of this title would not, within a
reasonable period of time, be likely to result in the development
of a voluntary consumer product safety standard that would
eliminate or adequately reduce the risk of injury addressed by
the proposed rule; and
(4) a description of any reasonable alternatives to the
proposed rule, together with a summary description of their
potential costs and benefits, and a brief explanation of why such
alternatives should not be published as a proposed rule.
The Commission shall transmit such notice within 10 calendar days
to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives. Any proposed consumer product safety rule shall be
issued within twelve months after the date of publication of an
advance notice of proposed rulemaking under subsection (a) of this
section relating to the product involved, unless the Commission
determines that such proposed rule is not reasonably necessary to
eliminate or reduce the risk of injury associated with the product
or is not in the public interest. The Commission may extend the
twelve-month period for good cause. If the Commission extends such
period, it shall immediately transmit notice of such extension to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives. Such notice shall include an explanation of the
reasons for such extension, together with an estimate of the date
by which the Commission anticipates such rulemaking will be
completed. The Commission shall publish notice of such extension
and the information submitted to the Congress in the Federal
Register.
(d) Promulgation of rule; time
(1) Within 60 days after the publication under subsection (c) of
this section of a proposed consumer product safety rule respecting
a risk of injury associated with a consumer product, the Commission
shall -
(A) promulgate a consumer product safety rule respecting the
risk of injury associated with such product, if it makes the
findings required under subsection (f) of this section, or
(B) withdraw the applicable notice of proposed rulemaking if it
determines that such rule is not (i) reasonably necessary to
eliminate or reduce an unreasonable risk of injury associated
with the product, or (ii) in the public interest;
except that the Commission may extend such 60-day period for good
cause shown (if it publishes its reasons therefor in the Federal
Register).
(2) Consumer product safety rules shall be promulgated in
accordance with section 553 of title 5, except that the Commission
shall give interested persons an opportunity for the oral
presentation of data, views, or arguments, in addition to an
opportunity to make written submissions. A transcript shall be kept
of any oral presentation.
(e) Expression of risk of injury; consideration of available
product data; needs of elderly and handicapped
A consumer product safety rule shall express in the rule itself
the risk of injury which the standard is designed to eliminate or
reduce. In promulgating such a rule the Commission shall consider
relevant available product data including the results of research,
development, testing, and investigation activities conducted
generally and pursuant to this chapter. In the promulgation of such
a rule the Commission shall also consider and take into account the
special needs of elderly and handicapped persons to determine the
extent to which such persons may be adversely affected by such
rule.
(f) Findings; final regulatory analysis; judicial review of rule
(1) Prior to promulgating a consumer product safety rule, the
Commission shall consider, and shall make appropriate findings for
inclusion in such rule with respect to -
(A) the degree and nature of the risk of injury the rule is
designed to eliminate or reduce;
(B) the approximate number of consumer products, or types or
classes thereof, subject to such rule;
(C) the need of the public for the consumer products subject to
such rule, and the probable effect of such rule upon the utility,
cost, or availability of such products to meet such need; and
(D) any means of achieving the objective of the order while
minimizing adverse effects on competition or disruption or
dislocation of manufacturing and other commercial practices
consistent with the public health and safety.
(2) The Commission shall not promulgate a consumer product safety
rule unless it has prepared, on the basis of the findings of the
Commission under paragraph (1) and on other information before the
Commission, a final regulatory analysis of the rule containing the
following information:
(A) A description of the potential benefits and potential costs
of the rule, including costs and benefits that cannot be
quantified in monetary terms, and the identification of those
likely to receive the benefits and bear the costs.
(B) A description of any alternatives to the final rule which
were considered by the Commission, together with a summary
description of their potential benefits and costs and a brief
explanation of the reasons why these alternatives were not
chosen.
(C) A summary of any significant issues raised by the comments
submitted during the public comment period in response to the
preliminary regulatory analysis, and a summary of the assessment
by the Commission of such issues.
The Commission shall publish its final regulatory analysis with the
rule.
(3) The Commission shall not promulgate a consumer product safety
rule unless it finds (and includes such finding in the rule) -
(A) that the rule (including its effective date) is reasonably
necessary to eliminate or reduce an unreasonable risk of injury
associated with such product;
(B) that the promulgation of the rule is in the public
interest;
(C) in the case of a rule declaring the product a banned
hazardous product, that no feasible consumer product safety
standard under this chapter would adequately protect the public
from the unreasonable risk of injury associated with such
product;
(D) in the case of a rule which relates to a risk of injury
with respect to which persons who would be subject to such rule
have adopted and implemented a voluntary consumer product safety
standard, that -
(i) compliance with such voluntary consumer product safety
standard is not likely to result in the elimination or adequate
reduction of such risk of injury; or
(ii) it is unlikely that there will be substantial compliance
with such voluntary consumer product safety standard;
(E) that the benefits expected from the rule bear a reasonable
relationship to its costs; and
(F) that the rule imposes the least burdensome requirement
which prevents or adequately reduces the risk of injury for which
the rule is being promulgated.
(4)(A) Any preliminary or final regulatory analysis prepared
under subsection (c) or (f)(2) of this section shall not be subject
to independent judicial review, except that when an action for
judicial review of a rule is instituted, the contents of any such
regulatory analysis shall constitute part of the whole rulemaking
record of agency action in connection with such review.
(B) The provisions of subparagraph (A) shall not be construed to
alter the substantive or procedural standards otherwise applicable
to judicial review of any action by the Commission.
(g) Effective date of rule or standard; stockpiling of product
(1) Each consumer product safety rule shall specify the date such
rule is to take effect not exceeding 180 days from the date
promulgated, unless the Commission finds, for good cause shown,
that a later effective date is in the public interest and publishes
its reasons for such finding. The effective date of a consumer
product safety standard under this chapter shall be set at a date
at least 30 days after the date of promulgation unless the
Commission for good cause shown determines that an earlier
effective date is in the public interest. In no case may the
effective date be set at a date which is earlier than the date of
promulgation. A consumer product safety standard shall be
applicable only to consumer products manufactured after the
effective date.
(2) The Commission may by rule prohibit a manufacturer of a
consumer product from stockpiling any product to which a consumer
product safety rule applies, so as to prevent such manufacturer
from circumventing the purpose of such consumer product safety
rule. For purposes of this paragraph, the term "stockpiling" means
manufacturing or importing a product between the date of
promulgation of such consumer product safety rule and its effective
date at a rate which is significantly greater (as determined under
the rule under this paragraph) than the rate at which such product
was produced or imported during a base period (prescribed in the
rule under this paragraph) ending before the date of promulgation
of the consumer product safety rule.
(h) Amendment or revocation of rule
The Commission may by rule amend or revoke any consumer product
safety rule. Such amendment or revocation shall specify the date on
which it is to take effect which shall not exceed 180 days from the
date the amendment or revocation is published unless the Commission
finds for good cause shown that a later effective date is in the
public interest and publishes its reasons for such finding. Where
an amendment involves a material change in a consumer product
safety rule, sections 2056 and 2057 of this title, and subsections
(a) through (g) of this section shall apply. In order to revoke a
consumer product safety rule, the Commission shall publish a
proposal to revoke such rule in the Federal Register, and allow
oral and written presentations in accordance with subsection (d)(2)
of this section. It may revoke such rule only if it determines that
the rule is not reasonably necessary to eliminate or reduce an
unreasonable risk of injury associated with the product. Section
2060 of this title shall apply to any amendment of a consumer
product safety rule which involves a material change and to any
revocation of a consumer product safety rule, in the same manner
and to the same extent as such section applies to the Commission's
action in promulgating such a rule.
(i) Petition to initiate rulemaking
The Commission shall grant, in whole or in part, or deny any
petition under section 553(e) of title 5 requesting the Commission
to initiate a rulemaking, within a reasonable time after the date
on which such petition is filed. The Commission shall state the
reasons for granting or denying such petition. The Commission may
not deny any such petition on the basis of a voluntary standard
unless the voluntary standard is in existence at the time of the
denial of the petition, the Commission has determined that the
voluntary standard is likely to result in the elimination or
adequate reduction of the risk of injury identified in the
petition, and it is likely that there will be substantial
compliance with the standard.