Page:United States Statutes at Large Volume 122.djvu/3057

 12 2 STA T .30 3 4PUBLIC LA W 110 – 314 — AU G .14 , 200 8(d)CONSIDERAT ION O FR E M AININ GASTM STANDARDS .— A fterp r omulga t in gt h e rule s re q uired by subse c tion (b) , the Commission shall— ( 1 ) in consultation w ith representati v es of consumer groups, j uvenile product manufacturers, and independent child product engineers and e x perts, examine and assess the effectiveness of ASTM F963 (and alternative health protective requirements to prevent or minimi z e flammability of children ’ s products) or its successor standard, and shall assess the adequacy of such standards in protecting children from safety hazards and ( 2 ) in accordance with section 5 53 of title 5, U nited States Code, promulgate consumer product safety rules that— (A) ta k e into account other children’s product safety rules; and ( B ) are more stringent than such standards, if the Commission determines that more stringent standards would further reduce the risk of injury associated with such toys. (e) P RIORITI Z ATION.—The Commission shall promulgate rules beginning with the product categories that the Commission deter - mines to be of highest priority, until the Commission has promul- gated standards for all such product categories. (f) TREATMENT AS CONS U MER PRODU C T SAFET Y STANDARDS.— Rules issued under this section shall be considered consumer product safety standards issued by the Commission under section 9 of the Consumer Product Safety Act (15 U.S.C. 2 0 5 8 ). (g) RE V ISIONS.— I f ASTM International (or its successor entity) proposes to revise ASTM F963 – 0 7, or a successor standard, it shall notify the Commission of the proposed revision. The Commis- sion shall incorporate the revision or a section of the revision into the consumer product safety rule. The revised standard shall be considered to be a consumer product safety standard issued by the Consumer Product Safety Commission under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), effective 180 days after the date on which ASTM International notifies the Commission of the revision unless, within 90 days after receiving that notice, the Commission notifies ASTM International that it has determined that the proposed revision does not improve the safety of the consumer product covered by the standard. If the Commission so notifies ASTM International with respect to a pro- posed revision of the standard, the existing standard shall continue to be considered to be a consumer product safety rule without regard to the proposed revision. (h) RU L EMA K ING TO CONSIDER EX EM P TION FROM PREEMPTION.— (1) EXEMPTION OF STATE LA W FROM PREEMPTION.—Upon application of a State or political subdivision of a State, the Commission shall, after notice and opportunity for oral presen- tation of views, consider a rulemaking to exempt from the provisions of section 26(a) of the Consumer Product Safety Act (under such conditions as it may impose in the rule) any proposed safety standard or regulation which is described in such application and which is designed to protect against a risk of injury associated with a children’s product subject to the consumer product safety standards described in subsection (a) or any rule promulgated under this section. The Commission shall grant such an exemption if the State or political subdivi- sion standard or regulation— Ef f ectiv e da te s.No tificatio n . R e gul ations. Regulations.

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