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Consumer Product Safety Act
15 U.S.C. Section 2058
§ 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 containin:
(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.
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