§ 1262. Declaration of hazardous substances

Footnotes

1. 1 So in original. Probably should be “it”.
2. 2 So in original. Probably should be “Commission’s”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1960

   Federal Hazardous Substances Labeling Act

   Pub. L. 86–613 § 3 · 74 Stat. 372

   Enacted · 15 U.S.C. § 1262

   Pub. L. 86–613, § 3, July 12, 1960, 74 Stat. 374

   Source evidence

   Code source credit
   Pub. L. 86–613, § 3, July 12, 1960, 74 Stat. 374

   Enacted provision · exact public law section
   Sec. 3. regulations declaring hazardous substances and establishing variations and exemptions (a) 1. Whenever in the judgment of the Secretary such action will promote the objectives of this Act by avoiding or resolving uncertainty as to its application, the Secretary may by regulation declare to be a hazardous substance, for the purposes of this Act, any substance or mixture of substances which he finds meets the requirements of subparagraph (1)(A) of section 2(f). 2. Proceedings for the issuance, amendment, or repeal of regulations under this subsection and the admissibility of the record of such proceedings in other proceedings, shall in all respects be governed by the provisions of section 701(e), (f), and (g) of the Federal Food, Drug, 21 USC 371. and Cosmetic Act, except that— (A) the Secretary’s order after public hearing (acting upon objections filed to an order made prior to hearing) shall be subject to the requirements of section 409(f)(2) of the Federal Food, 21 USC 348. Drug, and Cosmetic Act; and (B) the scope of judicial review of such order shall be in accordance with the fourth sentence of paragraph (2), and with the provisions of paragraph (3), of section 409(g) of the Federal Food, Drug, and Cosmetic Act. (b) If the Secretary finds that the requirements of section 2(p)(1) are not adequate for the protection of the public health and safety in view of the special hazard presented by any particular hazardous substance, he may by regulation establish such reasonable variations or additional label requirements as he finds necessary for the pro-tection of the public health and safety; and any container of such hazardous substance, intended or suitable for household use, which fails to bear a label in accordance with such regulations shall be deemed to be a misbranded package of a hazardous substance. (c) If the Secretary finds that, because of the size of the package involved or because of the minor hazard presented by the substance contained therein, or for other good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under this Act is impracticable or is not necessary for the adequate protection of the public health and safety, the Secretary shall promulgate regulations exempting such substance from these requirements to the extent he determines to be consistent with adequate protection of the public health and safety. (d) The Secretary may exempt from the requirements established by or pursuant to this Act any container of a hazardous substance with respect to which he finds that adequate requirements satisfying the purposes of this Act have been established by or pursuant to any other Act of Congress.

2. 1966

   Child Protection Act of 1966

   Pub. L. 89–756 § 2(d) · 80 Stat. 1303

   Substituted · 15 U.S.C. § 1262(b)

   Pub. L. 89–756, § 2(d), substituted “any such hazardous substance intended, or packaged in a form suitable, for use in the household or by children, which fails to bear a label in accordance with such regulations shall be deemed to be a misbranded hazardous substance” for “any container of such hazardous substance, intended or suitable for household use, which fails to bear a label in accordance with such regulations shall be deemed to be a misbranded package of a hazardous substance”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 89–756, § 2(d), substituted “any such hazardous substance intended, or packaged in a form suitable, for use in the household or by children, which fails to bear a label in accordance with such regulations shall be deemed to be a misbranded hazardous substance” for “any container of such hazardous substance, intended or suitable for household use, which fails to bear a label in accordance with such regulations shall be deemed to be a misbranded package of a hazardous substance”.

   Enacted provision · exact public law section
   (d) Section 3(b) of such Act (15 U.S.C. 1262(b)), authorizing the Secretary to establish reasonable variations or additional label requirements necessary for the protection of the public health and safety, is amended by changing so much of such subsection as follows the semicolon to read as follows: “and any such hazardous substance intended, or packaged in a form suitable, for use in the household or by children, which fails to bear a label in accordance with such regulations shall be deemed to be a misbranded hazardous substance.”

3. 1966

   Child Protection Act of 1966

   Pub. L. 89–756 § 2(e) · 80 Stat. 1303

   Inserted · 15 U.S.C. § 1262(d)

   Pub. L. 89–756, § 2(e), inserted “hazardous substance or” before “container of a hazardous substance”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 89–756, § 2(e), inserted “hazardous substance or” before “container of a hazardous substance”.

   Enacted provision · exact public law section
   (e) Subsection (d) of section 3 of such Act (15 U.S.C. 1262(d)), authorizing the Secretary to except containers of hazardous substances with respect to which adequate requirements satisfying the purposes of such Act have been established by or pursuant to another Act, is amended by inserting “hazardous substance or” before “container of a hazardous substance”.

4. 1969

   Child Protection and Toy Safety Act of 1969

   Pub. L. 91–113 § 2(b) · 83 Stat. 187

   Added · 15 U.S.C. § 1262(e)

   Pub. L. 91–113 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 91–113 added subsec. (e).

   Enacted provision · exact public law section
   (b) Section 3 of such Act (15 U.S.C. 1262) is amended by adding at Regulations. the end thereof the following new subsection: “(e) (1) A determination by the Secretary that a toy or other article intended for use by children presents an electrical, mechanical, or thermal hazard shall be made by regulation in accordance with the procedures prescribed by section 553 (other than clause (B) of the last sentence of subsection (b) of such section) of title 5 of the United States Code unless the Secretary elects the procedures prescribed by 80 Stat. 383. subsection (e) of section 701 of the Federal Food, Drug, and Cosmetic Act, in which event such subsection and subsections (f) and (g) of 70 Stat. 919. such section 701 shall apply to the making of such determination. If 52 Stat. 1055. 21 USC 371. the Secretary makes such election, he shall publish that fact with the proposal required to be published under paragraph (1) of such subsection (e). “(2) If, before or during a proceeding pursuant to paragraph (1) Notice of finding. of this subsection, the Secretary finds that, because of an electrical, mechanical, or thermal hazard, distribution of the toy or other article involved presents an imminent hazard to the public health and he, by order published in the Federal Register, gives notice of such finding, Publication in Federal Register. such toy or other article shall be deemed to be a banned hazardous substance for purposes of this Act until the proceeding has been completed. If not yet initiated when such order is published, such a proceeding shall be initiated as promptly as possible. “(3) (A) In the case of any toy or other article intended for use by children which is determined by the Secretary, in accordance with 89 Stat. 383. section 553 of title 5 of the United States Code, to present an electrical, mechanical, or thermal hazard, any person who will be adversely affected by such a determination may, at any time prior to the 60th day after the regulation making such determination is issued by the Secretary, file a petition with the United States Court of Appeals for the circuit in which such person resides or has his principal place of business for a judicial review of such determination. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary or other officer designated by him for that purpose. The Secretary shall file in the court the record of the proceedings on which the Secretary based his determination, as provided in section 2112 of 72 Stat. 941. title 28 of the United States Code. “(B) If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there was no opportunity to adduce such evidence in the proceeding before the Secretary, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Secretary in a hearing or in such other manner, and upon such terms and conditions, as to the court may seem proper. Modification of findings. The Secretary may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original determination, with the return of such additional evidence. “(C) Upon the filing of the petition under this paragraph, the court shall have jurisdiction to review the determination of the Secretary in accordance with subparagraphs (A), (B), (C), and (D) of paragraph (2) of the second sentence of section 706 of title 5 of the United States 80 Stat. 393. Code. If the court ordered additional evidence to be taken under subparagraph (B) of this paragraph, the court shall also review the Secretary’s determination to determine if, on the basis of the entire record before the court pursuant to subparagraphs (A) and (B) of this paragraph, it is supported by substantial evidence. If the court finds the determination is not so supported, the court may set. it aside. With respect to any determination reviewed under this paragraph, the court may grant appropriate relief pending conclusion of the review proceedings, as provided in section 705 of such title. “(D) The judgment of the court affirming or setting aside, in whole or in part, any such determination of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of title 28 of the 62 Stat. 928. United States Code.”

5. 1981

   Pub. L. 97–35 title XII § 1203(b)(1) · 95 Stat. 357

   Added · 15 U.S.C. § 1262(f)(i)

   Pub. L. 97–35 added subsecs. (f) to (i)

   Source evidence

   Code amendment note
   Subsecs. (f) to (i). Pub. L. 97–35 added subsecs. (f) to (i).

   Enacted provision · exact public law section
   (1) Section 3 of the Federal Hazardous Substances Act (15 U.S.C. 1262) is amended by adding at the end the following new subsections: “(f) A proceeding for the promulgation of a regulation under section 2(q)(1) classifying an article or substance as a banned hazardous substance or a regulation under subsection (e) of this section shall be commenced by the publication in the Federal Register of an advance notice of proposed rulemaking which shall— “(1) identify the article or substance and the nature of the risk of injury associated with the article or substance; “(2) include a summary of each of the regulatory alternatives under consideration by the Commission (including voluntary standards); “(3) include information with respect to any existing standard known to the Commission which may be relevant to the proceedings, together with a summary of the reasons why the Commission believes preliminarily that such standard does not eliminate or adequately reduce the risk of injury identified in paragraph (1); “(4) invite interested persons 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 or more than 60 days after the date of publication of the notice), comments with respect to the risk of injury identified by the Commission, the regulatory alternatives being considered, and other possible alternatives for addressing the risk; “(5) 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), an existing standard or a portion of a standard as a proposed regulation under section 2(q)(1) or subsection (e) of this section; and 15 USC 1261. “(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 Transmittal to congressional committees. to the Committee an Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. “(g) (1) 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(q)(1) or subsection (e) of this section, as the case may be, would eliminate or adequately reduce the risk of injury identified in the notice provided under subsection (f)(1), 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 (f)(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 Publication in Federal Register. regulation under section 2(q)(1) 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 injury. “(h) No regulation under section 2(q)(1) classifying an article or Publication in Federal Register. 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 (f)(6) and assisted by the Commission as required by section 5(a)(3) of Post, p. 720. the Consumer Product Safety Act would not, within a reasonable period of time, be likely to result in the development of a voluntary standard that would eliminate or adequately reduce the risk of injury identified in the notice provided under subsection (f)(1); and “(4) a description of any reasonable alternatives to the proposed regulation, together with a summary description of their potential costs and benefits, and a brief explanation of why such alternatives should not be published as a proposed regulation. Transmittal to congressional committees. 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. “(i) (1) The Commission shall not promulgate a regulation under 15 USC 1261. section 2(q)(1) classifying an article or substance as a banned hazardous substance or a regulation under subsection (e) of this section unless it has prepared a final regulatory analysis of the regulation containing the following information: “(A) A description of the potential benefits and potential costs of the regulation, including costs and benefits that cannot be quantified in monetary terms, and the identification of those likely to receive the benefits and bear the costs. “(B) A description of any alternatives to the final regulation which were considered by the Commission, together with a summary description of their potential benefits and costs and a brief explanation of the reasons why these alternatives were not chosen. “(C) A summary of any significant issues raised by the comments submitted during the public comment period in response to the preliminary regulatory analysis, and a summary of the assessment by the Commission of such issues. The Commission shall publish its final regulatory analysis with the regulation. “(2) The Commission shall not promulgate a regulation under section 2(q)(1) classifying an article or substance as a banned hazardous substance or a regulation under subsection (e) of this section unless it finds (and includes such finding in the regulation)— “(A) in the case of a regulation which relates to a risk of injury with respect to which persons who would be subject to such regulation have adopted and implemented a voluntary standard, that— “(i) compliance with such voluntary standard is not likely to result in the elimination or adequate reduction of such risk of injury; or “(ii) it is unlikely that there will be substantial compliance with such voluntary standard; “(B) that the benefits expected from the regulation bear a reasonable relationship to its costs; and “(C) that the regulation imposes the least burdensome requirement which prevents or adequately reduces the risk of injury for which the regulation is being promulgated. “(3) (A) Any regulatory analysis prepared under subsection (h) or paragraph (1) shall not be subject to independent judicial review, except that when an action for judicial review of a regulation is instituted, the contents of any such regulatory analysis shall constitute part of the whole rulemaking record of agency action in connection with such review. “(B) The provisions of subparagraph (A) shall not be construed to alter the substantive or procedural standards otherwise applicable to judicial review of any action by the Commission.”.

   Effective date note
   Amendment by Pub. L. 97–35 applicable with respect to regulations under this chapter and chapters 25 and 47 of this title for which notices of proposed rulemaking are issued after Aug. 14, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title.

6. 1990

   Consumer Product Safety Improvement Act of 1990

   Pub. L. 101–608 § 108(b) · 104 Stat. 3110

   Struck and inserted · 15 U.S.C. § 1262(g)(2)

   Pub. L. 101–608, § 108(b), 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.”

   Source evidence

   Code amendment note
   Subsec. (g)(2). Pub. L. 101–608, § 108(b), 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.”

   Enacted provision · exact public law section
   (b) Federal Hazardous Substances Act.— Section 3(g)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1262(g)(2)) is amended by striking out the period and inserting the following: “, 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.”.

7. 1990

   Consumer Product Safety Improvement Act of 1990

   Pub. L. 101–608 § 107(b) · 104 Stat. 3110

   Added · 15 U.S.C. § 1262(g)(3)

   Pub. L. 101–608, § 107(b), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (g)(3). Pub. L. 101–608, § 107(b), added par. (3).

   Enacted provision · exact public law section
   (b) Federal Hazardous Substances Act.— Section 3(g) of the Federal Hazardous Substances Act (15 U.S.C. 1262(g)) is amended by adding at the end the following: “(3) The Commission shall devise procedures to monitor compliance with any voluntary standards— “(A) upon which the Commission has relied under paragraph (2) of this subsection; “(B) which were developed with the participation of the Commission; or “(C) whose development the Commission has monitored.”.

8. 1990

   Consumer Product Safety Improvement Act of 1990

   Pub. L. 101–608 § 110(b) · 104 Stat. 3110

   Added · 15 U.S.C. § 1262(j)

   Pub. L. 101–608, § 110(b), added subsec. (j)

   Source evidence

   Code amendment note
   Subsec. (j). Pub. L. 101–608, § 110(b), added subsec. (j).

   Enacted provision · exact public law section
   (b) Federal Hazardous Substances Act.— Section 3 of the Federal Hazardous Substances Act (15 U.S.C. 1262) is amended by adding at the end the following: “(j) The Commission shall grant, in whole or in part, or deny any petition under section 553(e) of title 5, United States Code, request-ing the Commission to initiate a rulemaking, within a reasonable time after the date on which such petition is filed. The Commission shall state the reasons for granting or denying such petition. The Commission may not deny any such petition on the basis of a voluntary standard unless the voluntary standard is in existence at the time of the denial of the petition, the Commission has determined that the voluntary standard is likely to result in the elimination or adequate reduction of the risk of injury identified in the petition, and it is likely that there will be substantial compliance with the standard.”.

9. 2008

   Consumer Product Safety Improvement Act of 2008

   Pub. L. 110–314 § 204(b)(1) · 122 Stat. 3016

   Repealed · 15 U.S.C. § 1262(a)

   Pub. L. 110–314, § 204(b)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) authorized the Commission to declare hazardous substances by regulation and detailed proceedings for the issuance, amendment, or repeal of such regulations

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–314, § 204(b)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) authorized the Commission to declare hazardous substances by regulation and detailed proceedings for the issuance, amendment, or repeal of such regulations.

   Enacted provision · exact public law section
   (1) In general.— Section 3(a) of the Federal Hazardous Substances Act (15 U.S.C. 1262(a)) is amended to read as follows: “(a) Rulemaking.— “(1) In general.— Whenever in the judgment of the Commission such action will promote the objectives of this Act by avoiding or resolving uncertainty as to its application, the Commission may by regulation declare to be a hazardous substance, for the purposes of this Act, any substance or mixture of substances, which it finds meets the requirements of section 2(f)(1)(A). “(2) Procedure.— Proceedings for the issuance, amendment, or repeal of regulations under this subsection and the admissibility of the record of such proceedings in other proceedings, shall be governed by the provisions of subsections (f) through (i) of this section.” .

10. 2008

    Consumer Product Safety Improvement Act of 2008

    Pub. L. 110–314 § 204(b)(4)(D) · 122 Stat. 3016

    1. Substituted · 15 U.S.C. § 1262(b)(e)

       Pub. L. 110–314, § 204(b)(4)(D), substituted “it” for “he” wherever appearing in reference to the Secretary of Health, Education, and Welfare

    2. Substituted · 15 U.S.C. § 1262(b)(e)

       Pub. L. 110–314, § 204(b)(4)(D), substituted “its” for “his” wherever appearing in reference to the Secretary of Health, Education, and Welfare

    Source evidence

    Code amendment note
    Subsecs. (b) to (e). Pub. L. 110–314, § 204(b)(4)(D), substituted “it” for “he” and “its” for “his” wherever appearing in reference to the Secretary of Health, Education, and Welfare.

    Enacted provision · exact public law section
    (D) by striking “he” and “his” each place they appear in reference to the Secretary and inserting “it” and “its”, respectively;

11. 2008

    Consumer Product Safety Improvement Act of 2008

    Pub. L. 110–314 § 204(b)(4)(B) · 122 Stat. 3016

    Substituted · 15 U.S.C. § 1262(b)(e)

    Pub. L. 110–314, § 204(b)(4)(B), substituted “Commission” for “Secretary” wherever appearing

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–314, § 204(b)(4)(B), substituted “Commission” for “Secretary” wherever appearing.

    Enacted provision · exact public law section
    (B) by striking “Secretary” each place it appears and inserting “Commission” except— (i) in section 10(b) (15 U.S.C. 1269(b)); (ii) in section 14 (15 U.S.C. 1273); and (iii) in section 21(a) (15 U.S.C. 1276(a));

12. 2008

    Consumer Product Safety Improvement Act of 2008

    Pub. L. 110–314 § 204(b)(3)(A) · 122 Stat. 3016

    Substituted · 15 U.S.C. § 1262(f)

    Pub. L. 110–314, § 204(b)(3)(A), substituted “may be commenced” for “shall be commenced” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 110–314, § 204(b)(3)(A), substituted “may be commenced” for “shall be commenced” in introductory provisions.

    Enacted provision · exact public law section
    (A) by striking “shall be commenced” in subsection (f) and inserting “may be commenced”;

13. 2008

    Consumer Product Safety Improvement Act of 2008

    Pub. L. 110–314 § 204(b)(3)(B) · 122 Stat. 3016

    Substituted · 15 U.S.C. § 1262(g)(1)

    Pub. L. 110–314, § 204(b)(3)(B), substituted “identified in a notice” for “identified in the notice”

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 110–314, § 204(b)(3)(B), substituted “identified in a notice” for “identified in the notice”.

    Enacted provision · exact public law section
    (B) by striking “in the notice” in subsection (g)(1) and inserting “in a notice”;

14. 2008

    Consumer Product Safety Improvement Act of 2008

    Pub. L. 110–314 § 204(b)(3)(C) · 122 Stat. 3016

    1. Substituted · 15 U.S.C. § 1262(h)

       Pub. L. 110–314, § 204(b)(3)(C), (D), in introductory provisions, substituted “unless the” for “unless, not less than 60 days after publication of the notice required in subsection (f) of this section, the” and in concluding provisions

    2. Substituted · 15 U.S.C. § 1262(h)

       Pub. L. 110–314, § 204(b)(3)(C), (D), in introductory 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.”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 110–314, § 204(b)(3)(C), (D), in introductory provisions, substituted “unless the” for “unless, not less than 60 days after publication of the notice required in subsection (f) 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.”

    Enacted provision · exact public law section
    (C) by striking “unless, not less than 60 days after publication of the notice required in subsection (f), the” in subsection (h) and inserting “unless the”; and

16 of 16 references resolved to an enrolled provision