Page:United States Statutes at Large Volume 95.djvu/735

 PUBLIC LAW 97-35—AUG. 13, 1981 specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), an existing standard or a portion of a standard as a proposed regulation under section 2(q)(l) or subsection (e) of this section; and '(6) invite any person (other than the Commission) to submit to the Commission, within such period as the Commission shall specify in the notice (which period shall not be less than 30 days after the date of publication of the notice), a statement of intention to modify or develop a voluntary standard to address the risk of injury identified in paragraph (1) together with a description of a plan to modify or develop the standard. The Commission shall transmit such notice within 10 calendar days to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. (g)(l) If the Commission determines that any standard submitted to it in response to an invitation in a notice published under subsection (f)(5) if promulgated (in whole, in part, or in combination with any other standard submitted to the Commission or any part of such a standard) as a regulation under section 2(^X1) or subsection (e) of this section, as the case may be, would elimmate or adequately reduce the risk of injury identified in the notice provided under subsection (fKD, the Commission may publish such standard, in whole, in part, or in such combination and with nonmaterial modifications, as a proposed regulation under such section or subsection. "(2) If the Commission determines that— "(A) compliance with any standard submitted to it in response to an invitation in a notice published under subsection (iD(6) is likely to result in the elimination or adequate reduction of the risk of injury identified in the notice, and "(B) it is likely that there will be substantial compliance with such standard, the Commission shall terminate any proceeding to promulgate a regulation under section 2(q)(l) or subsection (e) of this section, respecting such risk of injury and shall publish in the Federal Register a notice which includes the determination of the Commission and which notifies the public that the Commission will rely on the voluntary standard to eliminate or reduce the risk of iniury. "(h) No regulation under section 2(q)(l) classifying an article or substance as a banned hazardous substance and no regulation under subsection (e) of this section may be proposed by the Commission unless, not less than 60 days after publication of the notice required in subsection (f), the Commission publishes in the Federal Register the text of the proposed rule, including any alternatives, which the Commission proposes to promulgate, together with a preliminary regulatory analysis containing— "(1) a preliminary description of the potential benefits and potential costs of the proposed regulation, including any benefits or costs that cannot be quantified in monetary terms, and an identification of those likely to receive the benefits and bear the costs; "(2) a discussion of the reasons any standard or portion of a standard submitted to the Commission under subsection (f)(5) was not published by the Commission as the proposed regulation or part of the proposed regulation; (3) a discussion of the reasons for the Commission's preliminary determination that efforts proposed under subsection (fK6) and assisted by the Commission as required by section 5(a)(3) of

95 STAT. 709

15 USC 1261.

Transmittal to congressional committees.

Publication in Federal Register.

Publication in Federal Register.

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