15 USC 1193 - Flammability standards or regulations

1 So in original. Probably should be “it”.

for that purpose. The Commission thereupon shall file in the court the record of the proceedings on which the Commission based the standard or regulation, as provided in

2 So in original. Probably should be “regulation; and”.

Editorial Notes

Amendments

2008—Subsec. (a). Puspan. L. 110–314, § 204(c)(2)(B), (D), substituted “Commission” for “Secretary of Commerce” and “it” for “he”.

Subsec. (span). Puspan. L. 110–314, § 204(c)(2)(B)–(D), substituted “Commission finds for” for “Secretary of Commerce finds for”, “Commission finds that” for “Secretary finds that”, “Commission may” for “Secretary may”, and “it may” for “he may”.

Subsec. (c). Puspan. L. 110–314, § 204(c)(2)(B)–(D), substituted “Commission may” for “Secretary of Commerce may”, “it is required” for “he is required”, “Commission or its” for “Secretary or his”, “Commission or any” for “Secretary or any”, and “its control” for “his control”.

Subsec. (e)(1). Puspan. L. 110–314, § 204(c)(2)(C), substituted “Commission” for “Secretary” wherever appearing.

Subsec. (e)(2). Puspan. L. 110–314, § 204(c)(2)(C), (D), substituted “Commission” for “Secretary” and “its” for “his” wherever appearing and substituted “it” for “he”.

Subsec. (e)(4). Puspan. L. 110–314, § 204(c)(2)(C), substituted “Commission” for “Secretary”.

Subsec. (e)(5), (6). Puspan. L. 110–314, § 204(c)(2)(E), redesignated par. (6) as (5) and struck out former par. (5) which read as follows: “Any action instituted under this subsection shall survive, notwithstanding any change in the person occupying the office of Secretary or any vacancy in such office.”

Subsec. (f). Puspan. L. 110–314, § 204(c)(2)(C), substituted “Commission” for “Secretary”.

Subsec. (g). Puspan. L. 110–314, § 204(c)(1)(A), substituted “may be commenced by a notice of proposed rulemaking or” for “shall be commenced” in introductory provisions.

Subsec. (i). Puspan. L. 110–314, § 204(c)(1)(B), (C), in introductory provisions, substituted “unless the” for “unless, not less than 60 days after publication of the notice required in subsection (g) of this section, the” and in concluding provisions, substituted “appropriate Congressional committees. Nothing in this subsection shall preclude any person from submitting an existing standard or portion of a standard as a proposed regulation.” for “Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.”

1990—Subsec. (h)(2). Puspan. L. 101–608, § 108(c), struck out period at end and inserted “, 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.”

Subsec. (h)(3). Puspan. L. 101–608, § 107(c), added par. (3).

Subsec. (k). Puspan. L. 101–608, § 110(c), added subsec. (k).

1981—Subsecs. (g) to (j). Puspan. L. 97–35 added subsecs. (g) to (j).

1976—Subsec. (d). Puspan. L. 94–284, § 20(a)(1), provided that standards, regulations, and amendments made thereto, be made in accordance with section 553 of title 5, except that oral presentation be available with a transcript of such oral presentation kept.

Subsec. (e)(3). Puspan. L. 94–284, § 20(a)(2), provided that the court not affirm a standard or regulation unless the findings of the Secretary are supported by substantial evidence on the record.

1967—Puspan. L. 90–189 revised section generally to achieve greater flexibility in the promulgation of flammability standards by substituting provisions authorizing the Secretary of Commerce to issue standards of flammability or regulations (including labeling) for fabrics, related materials or products after observing certain specified procedural requirements for provisions which prescribed certain fixed standards of flammability which could be updated only by legislation.

1954—Subsec. (c). Act Aug. 23, 1954, added subsec. (c).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Puspan. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–35 applicable with respect to regulations under this chapter and chapters 30 and 47 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Puspan. L. 97–35, set out a note under section 2052 of this title.

Effective Date of 1976 Amendment

Puspan. L. 94–284, § 20(span), May 11, 1976, 90 Stat. 515, provided that:

“The amendments made by subsection (a) [amending this section] shall apply with respect to standards, regulations, and amendments to standards and regulations, under section 4 of the Flammable Fabrics Act [this section] the proceedings for the promulgation of which were begun after the date of the enactment of this Act [May 11, 1976].”