Page:United States Statutes at Large Volume 92 Part 3.djvu/1111

 PUBLIC LAW 95-631—NOV. 10, 1978 i?'

92 STAT. 3743

" (E) specify the period of time in which the offeror of an accepted offer and the Commission, or the Commission acting by itself, is to develop the proposed standard.", (b) Section 7(b) of the Consumer Product Safety Act, as amended in subsection (a) is further amended by adding at the end thereof the 15 USC 2056. following new paragraph: "(2) After consultation with such interested parties as the Commis- Standards, sion shall deem necessary, the Commission may develop a consumer consultation and product safety standard without making any invitation specified in publication, paragraph (l)(D) ( i i)(I) and may publish such standard as a proposed consumer product safety rule whenever the Commission determines, taking into account— "(i) the nature of the risk of injury associated with such product; "(ii) the expertise of the Commission with respect to such risk of injury, " (iii) the expertise of the Commission in developing consumer product safety standards, and " (iv) the resources available to the Commission and the priorities established by the Commission, that to develop a consumer product safety standard which would adeq^uately protect the public from such risk of injury, it is more expeditious for the Commission to develop the standard than to proceed under paragraph (l)(D) ( i i)(I) for its development. The Commission shall Comments, give interested persons opportunity to submit written comments to the Commission during the thirty-day period following publication of such determination under paragraph (1).". SEC. 4. (a)(1) Section 7(d)(1) of the Consumer Product Safety Act (15 U.S.C. 2056(d)(1)) is amended by inserting "subsection(b) (2) and by" after "as provided by", by striking out "subsection (b) (4)(B) " and inserting in lieu thereof "subsection (b)(1)(D) (ii)(I)", and by striking out "subsection (b)" and inserting in lieu thereof "subsection (b)(1)(E) ". (2) the first sentence of section 7(d)(2) of the Consumer Product Safety Act (15 U.S.C. 2056(d)(2)) is amended— (A) by inserting "or if any person participates with the Commission in the development of a consumer product safety standard under subsection (b)(2)(A) or subsection (e)," after "under this subsection"; (B) by inserting "or the person's cost with respect to such participation" after "safety standard"; and (C) by inserting "or person" after "offeror". (3) Section 7(d) of the Consumer Product Safety Act (15 U.S.C. Regulations. 2056(d)) is amended by adding at the end thereof the following new paragraph: "(4) The Commission shall prescribe regulations governing the development of proposed consumer product safety rules by the Commission under subsection (b)(2) and subsection (e)(1). Such regulations shall include the requirements specified in subparagraphs (B), (C), and (D) of paragraph (3).". (b) Section 7(e) of the Consumer Product Safety Act (15 U.S.C. 2056(e)) is amended to read as follows: "(e)(1) If the Commission publishes a notice pursuant to subsection (b)(l)(D) ( i i)(I) for the development of a consumer product safety standard and if the Commission does not, within 30 days after

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