15 U.S.C. § 2082 : US Code - Section 2082: Interim cellulose insulation safety standard

Search 15 U.S.C. § 2082 : US Code - Section 2082: Interim cellulose insulation safety standard

(a) Applicability of specification of General Services
Administration; authority and effect of interim standard;
modifications; criteria; labeling requirements
(1) Subject to the provisions of paragraph (2), on and after the
last day of the 60-day period beginning on July 11, 1978, the
requirements for flame resistance and corrosiveness set forth in
the General Services Administration's specification for cellulose
insulation, HH-I-515C (as such specification was in effect on
February 1, 1978), shall be deemed to be an interim consumer
product safety standard which shall have all the authority and
effect of any other consumer product safety standard promulgated by
the Commission under this chapter. During the 45-day period
beginning on July 11, 1978, the Commission may make, and shall
publish in the Federal Register, such technical, nonsubstantive
changes in such requirements as it deems appropriate to make such
requirements suitable for promulgation as a consumer product safety
standard. At the end to the 60-day period specified in the first
sentence of this paragraph, the Commission shall publish in the
Federal Register such interim consumer product safety standard, as
altered by the Commission under this paragraph.
(2) The interim consumer product safety standard established in
paragraph (1) shall provide that any cellulose insulation which is
produced or distributed for sale or use as a consumer product shall
have a flame spread rating of 0 to 25, as such rating is set forth
in the General Services Administration's specification for
cellulose insulation, HH-I-515C.
(3) During the period for which the interim consumer product
safety standard established in subsection (a) of this section is in
effect, in addition to complying with any labeling requirement
established by the Commission under this chapter, each manufacturer
or private labeler of cellulose insulation shall include the
following statement on any container of such cellulose insulation:
"ATTENTION: This material meets the applicable minimum Federal
flammability standard. This standard is based upon laboratory tests
only, which do not represent actual conditions which may occur in
the home." Such statement shall be located in a conspicuous place
on such container and shall appear in conspicuous and legible type
in contrast by typography, layout, and color with other printed
matter on such container.
(b) Scope of judicial review
Judicial review of the interim consumer product safety standard
established in subsection (a) of this section, as such standard is
in effect on and after the last day of the 60-day period specified
in such subsection, shall be limited solely to the issue of whether
any changes made by the Commission under paragraph (1) are
technical, nonsubstantive changes. For purposes of such review, any
change made by the Commission under paragraph (1) which requires
that any test to determine the flame spread rating of cellulose
insulation shall include a correction for variations in test
results caused by equipment used in the test shall be considered a
technical, nonsubstantive change.
(c) Enforcement; violations; promulgation of final standard;
procedures applicable to promulgation; revision of interim
standard; procedures applicable to revision
(1)(A) Any interim consumer product safety standard established
pursuant to this section shall be enforced in the same manner as
any other consumer product safety standard until such time as there
is in effect a final consumer product safety standard promulgated
by the Commission, as provided in subparagraph (B), or until such
time as it is revoked by the Commission under section 2058(e) of
this title. A violation of the interim consumer product safety
standard shall be deemed to be a violation of a consumer product
safety standard promulgated by the Commission under section 2058 of
this title.
(B) If the Commission determines that the interim consumer
product safety standard does not adequately protect the public from
the unreasonable risk of injury associated with flammable or
corrosive cellulose insulation, it shall promulgate a final
consumer product safety standard to protect against such risk. Such
final standard shall be promulgated pursuant to 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.
The provisions of section 2058(b), (c), and (d) of this title shall
apply to any proceeding to promulgate such final standard. In any
judicial review of such final standard under section 2060 of this
title, the court shall not require any demonstration that each
particular finding made by the Commission under section 2058(c) of
this title is supported by substantial evidence. The court shall
affirm the action of the Commission unless the court determines
that such action is not supported by substantial evidence on the
record taken as a whole.
(2)(A) Until there is in effect such a final consumer product
safety standard, the Commission shall incorporate into the interim
consumer product safety standard, in accordance with the provisions
of this paragraph, each revision superseding the requirements for
flame resistance and corrosiveness referred to in subsection (a) of
this section and promulgated by the General Services
Administration.
(B) At least 45 days before any revision superseding such
requirements is to become effective, the Administrator of the
General Services Administration shall notify the Commission of such
revision. In the case of any such revision which becomes effective
during the period beginning on February 1, 1978, and ending on July
11, 1978, such notice from the Administrator of the General
Services Administration shall be deemed to have been made on July
11, 1978.
(C)(i) No later than 45 days after receiving any notice under
subparagraph (B), the Commission shall publish the revision,
including such changes in the revision as it considers appropriate
to make the revision suitable for promulgation as an amendment to
the interim consumer product safety standard, in the Federal
Register as a proposed amendment to the interim consumer product
safety standard.
(ii) The Commission may extend the 45-day period specified in
clause (i) for an additional period of not more than 150 days if
the Commission determines that such extension is necessary to study
the technical and scientific basis for the revision involved, or to
study the safety and economic consequences of such revision.
(D)(i) Additional extensions of the 45-day period specified in
subparagraph (C)(i) may be taken by the Commission if -
(I) the Commission makes the determination required in
subparagraph (C)(ii) with respect to each such extension; and
(II) in the case of further extensions proposed by the
Commission after an initial extension under this clause, such
further extensions have not been disapproved under clause (iv).
(ii) Any extension made by the Commission under this subparagraph
shall be for a period of not more than 45 days.
(iii) Prior notice of each extension made by the Commission under
this subparagraph, together with a statement of the reasons for
such extension and an estimate of the length of time required by
the Commission to complete its action upon the revision involved,
shall be published in the Federal Register and shall be submitted
to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives.
(iv) In any case in which the Commission takes an initial 45-day
extension under clause (i), the Commission may not take any further
extensions under clause (i) if each committee referred to in clause
(iii) disapproves by committee resolution any such further
extensions before the end of the 15-day period following notice of
such initial extension made by the Commission in accordance with
clause (iii).
(E) The Commission shall give interested persons an opportunity
to comment upon any proposed amendment to the interim consumer
product safety standard during the 30-day period following any
publication by the Commission under subparagraph (C).
(F) No later than 90 days after the end of the period specified
in subparagraph (E), the Commission shall promulgate the amendment
to the interim consumer product safety standard unless the
Commission determines, after consultation with the Secretary of
Energy, that -
(i) such amendment is not necessary for the protection of
consumers from the unreasonable risk of injury associated with
flammable or corrosive cellulose insulation; or
(ii) implementation of such amendment will create an undue
burden upon persons who are subject to the interim consumer
product safety standard.
(G) The provisions of section 2060 of this title shall not apply
to any judicial review of any amendment to the interim product
safety standard promulgated under this paragraph.
(d) Reporting requirements of other Federal departments, agencies,
etc., of violations
Any Federal department, agency, or instrumentality, or any
Federal independent regulatory agency, which obtains information
which reasonably indicates that cellulose insulation is being
manufactured or distributed in violation of this chapter shall
immediately inform the Commission of such information.
(e) Reporting requirements of Commission to Congressional
committees; contents, time of submission, etc.
(1) The Commission, no later than 45 days after July 11, 1978,
shall submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and to the Committee on Energy and
Commerce of the House of Representatives which shall contain a
detailed statement of the manner in which the Commission intends to
carry out the enforcement of this section.
(2)(A) The Commission, no later than 6 months after the date upon
which the report required in paragraph (1) is due (and no later
than the end of each 6-month period thereafter), shall submit a
report to each committee referred to in paragraph (1) which shall
describe the enforcement activities of the Commission with respect
to this section during the most recent 6-month period.
(B) The first report which the Commission submits under
subparagraph (A) shall include the results of tests of cellulose
insulation manufactured by at least 25 manufacturers which the
Commission shall conduct to determine whether such cellulose
insulation complies with the interim consumer product safety
standard. The second such report shall include the results of such
tests with respect to 50 manufacturers who were not included in
testing conducted by the Commission for inclusion in the first
report.
(f) Compliance with certification requirements; implementation;
waiver; rules and regulations
(1) The Commission shall have the authority to require that any
person required to comply with the certification requirements of
section 2063 of this title with respect to the manufacture of
cellulose insulation shall provide for the performance of any test
or testing program required for such certification through the use
of an independent third party qualified to perform such test or
testing program. The Commission may impose such requirement whether
or not the Commission has established a testing program for
cellulose insulation under section 2063(b) of this title.
(2) The Commission, upon petition by a manufacturer, may waive
the requirements of paragraph (1) with respect to such manufacturer
if the Commission determines that the use of an independent third
party is not necessary in order for such manufacturer to comply
with the certification requirements of section 2063 of this title.
(3) The Commission may prescribe such rules as it considers
necessary to carry out the provisions of this subsection.
(g) Authorization of appropriations
There are authorized to be appropriated, for each of the fiscal
years 1978, 1979, 1980, and 1981, such sums as may be necessary to
carry out the provisions of this section.