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

Summary

When the Commission issues, changes, or cancels a rule that sets a special packaging standard, it must follow the usual federal notice-and-comment rulemaking process unless it picks an alternate procedure under another federal law. If it picks the alternate process, it must say so when it publishes the proposal. Any person harmed or affected by such a rule may file a petition for review in the U.S. Court of Appeals for their circuit within 60 days after the rule is issued. The court clerk must send a copy to the Commission, and the Commission must file the record it used to make the rule. The court can allow new evidence to be taken before the Commission if the petitioner shows it is important and could not have been submitted earlier; the Commission can change its findings after that. The court reviews the rule under the usual standards for agency actions, can grant temporary relief during review, and may set the rule aside if it is not supported by the record. Final judgments can be reviewed by the Supreme Court.

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