Page:United States Statutes at Large Volume 104 Part 4.djvu/797

 PUBLIC LAW 101-608 —NOV. 16, 1990 104 STAT. 3113 making any determination regarding reliance on the involved voluntary standard under this subsection.". (c) FLAMMABLE FABRICS ACT.— Section 4(h)(2) of the Flammable Fabrics Act (15 U.S.C. 1193(h)(2)) is amended by striking out the period and inserting the following: ", 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 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.". SEC. 109. PROPOSED RULES. Section 9(c) (15 U.S.C. 2058(c)) is amended by adding at the end the following: "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 Federal Commission shall publish notice of such extension and the informa- ^sister, tion submitted to the Congress in the Federal Register.". publication. SEC. 110. PETITIONS AND VOLUNTARY STANDARDS. (a) CONSUMER PRODUCT SAFETY ACT. —Section 9 (15 U.S.C. 2058) is amended by adding at the end the following: "(i) The Commission shall grant, in whole or in part, or deny any petition under section 553(e) of title 5, United States Code, 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.". (b) FEDERAL HAZARDOUS SUBSTANCES ACT.— Section 3 of the Federal Hazardous Substances Act (15 U.S.C. 1262) is amended by adding at the end the following: "(j) The Commission shall grant, in whole or in part, or deny any petition under section 553(e) of title 5, United States Code, request-

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