Page:United States Statutes at Large Volume 92 Part 3.djvu/1112

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 3744

PUBLIC LAW 95-631—NOV. 10, 1978

the date of publication of such notice, accept an offer to develop such a standard, then the Commission may develop a proposed consumer safety rule with respect to such product and publish such proposed rule. h,;? "(2) If the Commission accepts an offer to develop a proposed consumer product safety standard under subsection (b)(1)(D) (ii)(I), the Commission may not develop a proposed consumer product safety ' rule or publish such proposed rule unless— "(A) the development period specified in subsection (b)(1) (E) for such standard ends; " (B) no offeror whose offer was accepted is making satisfactory progress in the development of such proposed standard; or i, "(C) the sole offer accepted under subsection (b)(1)(D) (ii) (I) is that of an offeror which is the manufacturer, distributor, or retailer of a consumer product proposed to be regulated by the consumer product safety standard.". (c) Section 7(f) of the Consumer Product Safety Act (15 U.S.C 2056(f)) is amended to read as follows: "(f) If the Commission publishes a notice pursuant to subsection (b) and the Commission does not publish a proposed consumer product safety standard within forty-five days after the expiration of the period specified in subsection (b)(1)(E), the Commission shall— Publication in "(1) by notice published in the Federal Register, terminate the Federal Register. proceeding begun by such notice published pursuant to subsection (b); or ^ "(2) publish in the Federal Register the reasons for not publishing the proposed standard, and specify the time period within which either such standard will be published or the proceeding begun by such notice published pursuant to subsection (b) will be terminated without publication of such proposed standard. The reasons referred to in paragraph (2) may include a statement that the Commission is considering other approaches (such as a voluntary consumer safety standard adopted by persons who would be subject to such proposed standard) to eliminate the unreasonable risk of injury that is the subject of such proceeding.". (d) Paragraphs (1) and (2) of section 9(a) of the Consumer Product Safety Act (15 U.S.C. 2058(a)) are each amended by striking out "section 7(c), (e)(1), or (f) or section 8" and inserting in lieu thereof "section 7 or 8". SEC. 5. Section 7(c) of the Consumer Product Safety Act (15 U.S.C. 2056(c)) is amended to read as follows: "(c) If the Commission determines— „ (,„,; "(1) that any standard submitted to it pursuant to an invitation made under subsection (b)(l)(D)(i), o r "(2) that any standard (other than one submitted under subsection (b)(1)(D)(i)) issued, adopted, or proposed by any Federal department or agency (other than the Commission) or by any other qualified agency, organization, or institution, if promulgated (in whole, in part, or in combination with any other standard described in paragraph (1) or (2) or any part of such a standard) as a consumer product safety rule, would eliminate or reduce an unreasonable risk of injury associated with a consumer product, the Commission may publish such standard, in whole, in part, or in such combination and with nonmaterial modifications, as a proposed consumer product safety rule. In the case of a standard