Page:United States Statutes at Large Volume 86.djvu/1257

 86 STAT. ]

PUBLIC LAW 92-573-OCT. 27, 1972

(ii) the date on which it determines (in accordance with such procedures as it may by rule prescribe) that no offeror whose offer was accepted is able and willing to continue satisfactorily the development of the proposed standard which was the subject of the off'er, or (iii) the date on which an offeror whose offer was accepted submits such a recommended standard to the Commission, (f) Not more than 210 days after its publication of a notice of proceeding pursuant to subsection (b) (which time may be extended by the Commission by a notice published in the Federal Register stating good cause therefor), the Commission shall publish in the Federal Register a notice withdrawing such notice of proceeding or publish a proposed rule which either proposes a product safety standard applicable to any consumer product subject to such notice, or proposes to declare any such subject product a banned hazardous consumer product.

1215

Withdrawal notice or proposed rule, publication in Federal Register.

B A N N E D HAZARDOUS PRODUCTS

SEC. 8, Whenever the Commission finds that— (1) a consumer product is being, or will be, distributed in commerce and such consumer product presents an unreasonable risk of injury; and (2) no feasible consumer product safety standard under this Act would adequately protect the public from the unreasonable risk of injury associated with such product, the Commission may propose and, in accordance with section 9, promulgate a rule declaring such product a banned hazardous product. ADMINISTRATIVE PROCEDURE APPLICABLE TO PROMULGATION OF CONSUMER PRODUCT SAFETY RULES

SEC. 9. (a)(1) Within 60 days after the publication under section 7(c), (e)(1), or (f) or section 8 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 (c), or (B) withdraw by rule the applicable notice of proceeding 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 which have been proposed under section 7(c), (e)(1), or (f) or section 8 shall be promulgated pursuant to section 553 of title 5, United States Code, 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. (b) A consumer product safety rule shall express in the rule itself the risk of injury which the standard is designed to eliminate or reduce. I n 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 Act.

80 Stat. 383.

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