§ 2058. — Procedure for consumer product safety rules.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2058]
TITLE 15--COMMERCE AND TRADE
CHAPTER 47--CONSUMER PRODUCT SAFETY
Sec. 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 containing--
(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.
(Pub. L. 92-573, Sec. 9, Oct. 27, 1972, 86 Stat. 1215; Pub. L. 94-284,
Sec. 9, May 11, 1976, 90 Stat. 506; Pub. L. 95-631, Sec. 4(d), Nov. 10,
1978, 92 Stat. 3744; Pub. L. 97-35, title XII, Sec. 1203(a), Aug. 13,
1981, 95 Stat. 704; Pub. L. 101-608, title I, Secs. 108(a), 109, 110(a),
Nov. 16, 1990, 104 Stat. 3112, 3113.)
Amendments
1990--Subsec. (b)(2). Pub. L. 101-608, Sec. 108(a), struck out
period at end and inserted ``, 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.''
Subsec. (c). Pub. L. 101-608, Sec. 109, inserted at end ``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) 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.''
Subsec. (i). Pub. L. 101-608, Sec. 110(a), added subsec. (i).
1981--Subsec. (a). Pub. L. 97-35 amended subsec. (a) generally,
substituting provisions for the commencement of rule-making proceedings
by the publication of a notice of proposed rule-making for provisions
for the promulgation of rule after publication of a notice according to
specified provisions of law and to withdraw applicable notice of
proceeding upon determination that such rule was not reasonably
necessary to eliminate or reduce an unreasonable risk of injury
associated with the product or that it was in the public interest, and
providing for certain other procedural safeguards.
Subsec. (b). Pub. L. 97-35 amended subsec. (b) generally,
substituting provisions relating to the publication of a voluntary
standard as a proposed consumer product safety rule and notice of
reliance by the Commission on such standard for provisions that a
consumer product safety rule shall express the risk of injury which the
standard is designed to eliminate or reduce.
Subsec. (c). Pub. L. 97-35 amended subsec. (c) generally,
substituting provisions relating to the publication in the Federal
Register of the text of the proposed rule, including alternatives, with
a preliminary regulatory analysis, and for the transmittal of such
notice to certain committees of Congress for provisions relating to the
requirement that the Commission make appropriate findings with respect
to certain specified factors for inclusion in a consumer product safety
rule.
Subsec. (d). Pub. L. 97-35 amended subsec. (d) generally,
substituting provisions relating to the time for promulgation of the
rule in accordance with section 553 of title 5 or withdrawal of the
applicable notice for provisions relating to the effective dates for
rules and standards and the authority of the Commission to prohibit
stockpiling.
Subsec. (e). Pub. L. 97-35 amended subsec. (e) generally,
substituting provisions relating to the requirement that the consumer
product safety rule express the risk of injury which is to be eliminated
or reduced and requiring, that in promulgating the rule, the Commission
to consider available product data and the needs of the elderly and
handicapped persons for provisions relating to the amendment and
revocation of rules.
Subsecs. (f) to (h). Pub. L. 97-35 added subsecs. (f) to (h).
1978--Subsec. (a)(1), (2). Pub. L. 95-631 substituted in pars. (1)
and (2) reference to section 2056 of this title for prior reference to
section 2056(c), (e)(1), or (f) of this title.
1976--Subsec. (b). Pub. L. 94-284 inserted provision directing the
Commission to take into consideration the special needs of the elderly
and the handicapped in promulgating a consumer product safety rule.
Change of Name
Committee on Energy and Commerce of House of Representatives treated
as referring to Committee on Commerce of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress. Committee on Commerce of House of
Representatives changed to Committee on Energy and Commerce of House of
Representatives, and jurisdiction over matters relating to securities
and exchanges and insurance generally transferred to Committee on
Financial Services of House of Representatives by House Resolution No.
5, One Hundred Seventh Congress, Jan. 3, 2001.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-35 applicable with respect to regulations
under this chapter and chapters 25 and 30 of this title for which
notices of proposed rulemaking are issued after Aug. 14, 1981, see
section 1215 of Pub. L. 97-35, set out as a note under section 2052 of
this title.
Section Referred to in Other Sections
This section is referred to in sections 2056, 2057, 2060, 2064,
2067, 2068, 2082, 6004 of this title.
