§1474 Regulations for Special Packaging Standards

Summary

Create, change, or cancel a safety standard by following the rule-making steps in section 553 of Title 5, except for one specific small subpart (paragraph (3)(B) of a part of subsection (b)). The Commission may instead choose to use the procedures in subsection (e) of section 371 of Title 21; if it does, subsections (e), (f), and (g) of that section apply. If the Commission picks that option, it must say so when it publishes the proposed rule. Anyone hurt or harmed by a standard made under section 553 can ask the U.S. Court of Appeals in their circuit to review it. The petition must be filed before the 60th day after the rule is issued. The court clerk must send a copy to the Commission, and the Commission must file the record it used. If the petitioner asks to add new evidence and the court agrees it is important and wasn’t available before, the court can order that evidence taken before the Commission. The Commission can change its findings and must file any new findings and recommendations with that evidence. The court reviews the rule under the standards in section 706 of Title 5 and, if extra evidence was allowed, checks whether the rule is supported by substantial evidence. The court can set the rule aside, grant temporary relief under section 705, and its final judgment can be reviewed by the Supreme Court on certiorari under section 1254 of Title 28.