§ 2082. — Interim cellulose insulation safety standard.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2082]
TITLE 15--COMMERCE AND TRADE
CHAPTER 47--CONSUMER PRODUCT SAFETY
Sec. 2082. Interim cellulose insulation safety standard
(a) Applicability of specification of General Services Administration;
authority and effect of interim standard; modifications;
criteria; labeling requirements
(1) Subject to the provisions of paragraph (2), on and after the
last day of the 60-day period beginning on July 11, 1978, the
requirements for flame resistance and corrosiveness set forth in the
General Services Administration's specification for cellulose
insulation, HH-I-515C (as such specification was in effect on February
1, 1978), shall be deemed to be an interim consumer product safety
standard which shall have all the authority and effect of any other
consumer product safety standard promulgated by the Commission under
this chapter. During the 45-day period beginning on July 11, 1978, the
Commission may make, and shall publish in the Federal Register, such
technical, nonsubstantive changes in such requirements as it deems
appropriate to make such requirements suitable for promulgation as a
consumer product safety standard. At the end to the 60-day period
specified in the first sentence of this paragraph, the Commission shall
publish in the Federal Register such interim consumer product safety
standard, as altered by the Commission under this paragraph.
(2) The interim consumer product safety standard established in
paragraph (1) shall provide that any cellulose insulation which is
produced or distributed for sale or use as a consumer product shall have
a flame spread rating of 0 to 25, as such rating is set forth in the
General Services Administration's specification for cellulose
insulation, HH-I-515C.
(3) During the period for which the interim consumer product safety
standard established in subsection (a) of this section is in effect, in
addition to complying with any labeling requirement established by the
Commission under this chapter, each manufacturer or private labeler of
cellulose insulation shall include the following statement on any
container of such cellulose insulation: ``ATTENTION: This material meets
the applicable minimum Federal flammability standard. This standard is
based upon laboratory tests only, which do not represent actual
conditions which may occur in the home.'' Such statement shall be
located in a conspicuous place on such container and shall appear in
conspicuous and legible type in contrast by typography, layout, and
color with other printed matter on such container.
(b) Scope of judicial review
Judicial review of the interim consumer product safety standard
established in subsection (a) of this section, as such standard is in
effect on and after the last day of the 60-day period specified in such
subsection, shall be limited solely to the issue of whether any changes
made by the Commission under paragraph (1) are technical, nonsubstantive
changes. For purposes of such review, any change made by the Commission
under paragraph (1) which requires that any test to determine the flame
spread rating of cellulose insulation shall include a correction for
variations in test results caused by equipment used in the test shall be
considered a technical, nonsubstantive change.
(c) Enforcement; violations; promulgation of final standard; procedures
applicable to promulgation; revision of interim standard;
procedures applicable to revision
(1)(A) Any interim consumer product safety standard established
pursuant to this section shall be enforced in the same manner as any
other consumer product safety standard until such time as there is in
effect a final consumer product safety standard promulgated by the
Commission, as provided in subparagraph (B), or until such time as it is
revoked by the Commission under section 2058(e) of this title. A
violation of the interim consumer product safety standard shall be
deemed to be a violation of a consumer product safety standard
promulgated by the Commission under section 2058 of this title.
(B) If the Commission determines that the interim consumer product
safety standard does not adequately protect the public from the
unreasonable risk of injury associated with flammable or corrosive
cellulose insulation, it shall promulgate a final consumer product
safety standard to protect against such risk. Such final standard shall
be promulgated pursuant to 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. The provisions of section 2058(b), (c), and (d) of this
title shall apply to any proceeding to promulgate such final standard.
In any judicial review of such final standard under section 2060 of this
title, the court shall not require any demonstration that each
particular finding made by the Commission under section 2058(c) of this
title is supported by substantial evidence. The court shall affirm the
action of the Commission unless the court determines that such action is
not supported by substantial evidence on the record taken as a whole.
(2)(A) Until there is in effect such a final consumer product safety
standard, the Commission shall incorporate into the interim consumer
product safety standard, in accordance with the provisions of this
paragraph, each revision superseding the requirements for flame
resistance and corrosiveness referred to in subsection (a) of this
section and promulgated by the General Services Administration.
(B) At least 45 days before any revision superseding such
requirements is to become effective, the Administrator of the General
Services Administration shall notify the Commission of such revision. In
the case of any such revision which becomes effective during the period
beginning on February 1, 1978, and ending on July 11, 1978, such notice
from the Administrator of the General Services Administration shall be
deemed to have been made on July 11, 1978.
(C)(i) No later than 45 days after receiving any notice under
subparagraph (B), the Commission shall publish the revision, including
such changes in the revision as it considers appropriate to make the
revision suitable for promulgation as an amendment to the interim
consumer product safety standard, in the Federal Register as a proposed
amendment to the interim consumer product safety standard.
(ii) The Commission may extend the 45-day period specified in clause
(i) for an additional period of not more than 150 days if the Commission
determines that such extension is necessary to study the technical and
scientific basis for the revision involved, or to study the safety and
economic consequences of such revision.
(D)(i) Additional extensions of the 45-day period specified in
subparagraph (C)(i) may be taken by the Commission if--
(I) the Commission makes the determination required in
subparagraph (C)(ii) with respect to each such extension; and
(II) in the case of further extensions proposed by the
Commission after an initial extension under this clause, such
further extensions have not been disapproved under clause (iv).
(ii) Any extension made by the Commission under this subparagraph
shall be for a period of not more than 45 days.
(iii) Prior notice of each extension made by the Commission under
this subparagraph, together with a statement of the reasons for such
extension and an estimate of the length of time required by the
Commission to complete its action upon the revision involved, shall be
published in the Federal Register and shall be submitted to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of Representatives.
(iv) In any case in which the Commission takes an initial 45-day
extension under clause (i), the Commission may not take any further
extensions under clause (i) if each committee referred to in clause
(iii) disapproves by committee resolution any such further extensions
before the end of the 15-day period following notice of such initial
extension made by the Commission in accordance with clause (iii).
(E) The Commission shall give interested persons an opportunity to
comment upon any proposed amendment to the interim consumer product
safety standard during the 30-day period following any publication by
the Commission under subparagraph (C).
(F) No later than 90 days after the end of the period specified in
subparagraph (E), the Commission shall promulgate the amendment to the
interim consumer product safety standard unless the Commission
determines, after consultation with the Secretary of Energy, that--
(i) such amendment is not necessary for the protection of
consumers from the unreasonable risk of injury associated with
flammable or corrosive cellulose insulation; or
(ii) implementation of such amendment will create an undue
burden upon persons who are subject to the interim consumer product
safety standard.
(G) The provisions of section 2060 of this title shall not apply to
any judicial review of any amendment to the interim product safety
standard promulgated under this paragraph.
(d) Reporting requirements of other Federal departments, agencies, etc.,
of violations
Any Federal department, agency, or instrumentality, or any Federal
independent regulatory agency, which obtains information which
reasonably indicates that cellulose insulation is being manufactured or
distributed in violation of this chapter shall immediately inform the
Commission of such information.
(e) Reporting requirements of Commission to Congressional committees;
contents, time of submission, etc.
(1) The Commission, no later than 45 days after July 11, 1978, shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and to the Committee on Energy and Commerce
of the House of Representatives which shall contain a detailed statement
of the manner in which the Commission intends to carry out the
enforcement of this section.
(2)(A) The Commission, no later than 6 months after the date upon
which the report required in paragraph (1) is due (and no later than the
end of each 6-month period thereafter), shall submit a report to each
committee referred to in paragraph (1) which shall describe the
enforcement activities of the Commission with respect to this section
during the most recent 6-month period.
(B) The first report which the Commission submits under subparagraph
(A) shall include the results of tests of cellulose insulation
manufactured by at least 25 manufacturers which the Commission shall
conduct to determine whether such cellulose insulation complies with the
interim consumer product safety standard. The second such report shall
include the results of such tests with respect to 50 manufacturers who
were not included in testing conducted by the Commission for inclusion
in the first report.
(f) Compliance with certification requirements; implementation; waiver;
rules and regulations
(1) The Commission shall have the authority to require that any
person required to comply with the certification requirements of section
2063 of this title with respect to the manufacture of cellulose
insulation shall provide for the performance of any test or testing
program required for such certification through the use of an
independent third party qualified to perform such test or testing
program. The Commission may impose such requirement whether or not the
Commission has established a testing program for cellulose insulation
under section 2063(b) of this title.
(2) The Commission, upon petition by a manufacturer, may waive the
requirements of paragraph (1) with respect to such manufacturer if the
Commission determines that the use of an independent third party is not
necessary in order for such manufacturer to comply with the
certification requirements of section 2063 of this title.
(3) The Commission may prescribe such rules as it considers
necessary to carry out the provisions of this subsection.
(g) Authorization of appropriations
There are authorized to be appropriated, for each of the fiscal
years 1978, 1979, 1980, and 1981, such sums as may be necessary to carry
out the provisions of this section.
(Pub. L. 92-573, Sec. 35, as added Pub. L. 95-319, Sec. 3(a), July 11,
1978, 92 Stat. 386; amended Pub. L. 103-437, Sec. 5(c)(2), Nov. 2, 1994,
108 Stat. 4582.)
Amendments
1994--Subsecs. (c)(2)(D)(iii), (e)(1). Pub. L. 103-437 substituted
``Committee on Energy and Commerce'' for ``Committee on Interstate and
Foreign Commerce''.
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.
Congressional Statement of Findings and Purpose
Section 2 of Pub. L. 95-319 provided that:
``(a) The Congress finds that--
``(1) existing Federal, State, and local laws and regulations
are insufficient to protect the consumer from improperly
manufactured cellulose insulation;
``(2) an unreasonably large quantity of cellulose insulation is
being distributed that does not meet minimum safety standards;
``(3) an urgent need exists for the expedited setting of interim
mandatory Federal standards for the manufacture of cellulose
insulation; and
``(4) such standards are reasonably necessary to eliminate or
reduce an unreasonable risk of injury to consumers from flammable or
corrosive cellulose insulation.
``(b) It is the purpose of the Congress in this Act [enacting this
section, amending section 2068 of this title, and enacting provisions
set out as notes under sections 2051 and 2082 of this title] to provide
an interim mandatory safety standard for cellulose insulation
manufactured for use as a consumer product.''
Section Referred to in Other Sections
This section is referred to in section 2068 of this title.
