§1474 — Title 15 Commerce and Trade | U.S. Code

Summary

When the agency makes, changes, or cancels a safety standard, it must follow the usual federal rulemaking steps (the notice-and-comment process), unless it chooses to use an alternate set of procedures from another federal law. If it chooses the alternate steps, those rules apply and the agency must say so when it publishes its proposal. Anyone hurt by a standard made under the usual rulemaking process can ask the U.S. Court of Appeals in their circuit to review it within 60 days after the rule is issued. The court sends a copy to the agency, which must file the rulemaking record. The court can allow new important evidence that wasn’t previously available, and the agency can change its findings. The court reviews the rule on the normal standards, can set it aside if not supported, may give temporary relief, and its judgment is final unless the Supreme Court takes the case.

Title 15, §1474

Commerce and Trade — Source: USLM XML via OLRC

(a)Proceedings to issue, amend, or repeal a regulation prescribing a standard under section 1472 of this title shall be conducted in accordance with the procedures prescribed by section 553 (other than paragraph (3)(B) of the last sentence of subsection (b) of such section) of title 5 unless the Commission elects the procedures prescribed by subsection (e) of section 371 of title 21, in which event such subsection and subsections (f) and (g) of such section 371 shall apply to such proceedings. If the Commission makes such election, it shall publish that fact with the proposal required to be published under paragraph (1) of such subsection (e).

(b)(1)In the case of any standard prescribed by a regulation issued in accordance with section 553 of title 5, any person who will be adversely affected by such a standard may, at any time prior to the 60th day after the regulation prescribing such standard is issued by the Commission, file a petition with the United States Court of Appeals for the circuit in which such person resides or has his principal place of business for a judicial review of such standard. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commission or other officer designated by it for that purpose. The Commission shall file in the court the record of the proceedings on which the Commission based its standard, as provided in section 2112 of title 28.

(2)If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there was no opportunity to adduce such evidence in the proceeding before the Commission, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Commission in a hearing or in such other manner, and upon such terms and conditions, as to the court may seem proper. The Commission may modify its findings as to the facts, or make new findings, by reason of the additional evidence so taken, and it shall file such modified or new findings, and its recommendation, if any, for the modification or setting aside of its original standard, with the return of such additional evidence.

(3)Upon the filing of the petition under paragraph (1) of this subsection the court shall have jurisdiction to review the standard of the Commission in accordance with subparagraphs (A), (B), (C), and (D) of paragraph (2) of section 706 of title 5. If the court ordered additional evidence to be taken under paragraph (2) of this subsection, the court shall also review the Commission’s standard to determine if, on the basis of the entire record before the court pursuant to paragraphs (1) and (2) of this subsection, it is supported by substantial evidence. If the court finds the standard is not so supported, the court may set it aside.

(4)With respect to any standard reviewed under this subsection, the court may grant appropriate relief pending conclusion of the review proceedings, as provided in section 705 of such title 5.

(5)The judgment of the court affirming or setting aside, in whole or in part, any such standard of the Commission shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of title 28.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Transfer of Functions

In subsec. (a), “Commission” substituted for “Secretary” and “it” substituted for “he”; in subsec. (b), “Commission” substituted for “Secretary”, “it” substituted for “him” and “he”, “its” substituted for “his”, and “Commission’s” substituted for “Secretary’s” pursuant to section 30(a) of Pub. L. 92–573, which is classified to section 2079(a) of this title and which transferred functions of Secretary of Health, Education, and Welfare under this chapter to Consumer Product Safety Commission.

§1474 Regulations for special packaging standards

Summary

Title 15, §1474

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Transfer of Functions

Citations & Metadata