12 2 STA T .3059PUBLIC LA W 110 – 31 4— AU G .14 , 200 8busine sses ,a n d su chot he rf actors as a p propriate ’ ’ before the period
and ( ii ) in subsection (c) — ( I )b y insertin g‘ ‘, inc l uding ho w to m itigate undue ad v erse economic impacts on small businesses, the nature, circumstances, e x tent, and gravity of the violation, including’’ after ‘‘person charged’’; and (II) by inserting ‘‘, and such other factors as appropriate’’ after ‘‘products distributed’’ . ( B ) FED E RALH A Z ARD OUS SU B S T A NC ES ACT.— S ection 5 (c) of the Federal H a z ardous Substances A ct( 1 5 U .S. C . 1 264 (c)) is amended— (i) in paragraph ( 3 )— (I) by inserting ‘‘the nature, circumstances, extent, and gravity of the violation, including’’ after ‘‘shall consider’’; (II) by stri k ing ‘‘substance distributed, and’’ and inserting ‘‘substance distributed,’’; and (III) by inserting ‘‘, including how to mitigate undue adverse economic impacts on small businesses, and such other factors as appropriate’’ before the period; and (ii) in paragraph (4)— (I) by inserting ‘‘, including how to mitigate undue adverse economic impacts on small businesses, the nature, circumstances, extent, and gravity of the violation, including’’ after ‘‘person charged’’; and (II) by inserting ‘‘, and such other factors as appropriate’’ after ‘‘substance distributed’’. (C) FLA M MABLE F ABR I CS ACT.—Section 5(e) of the Flam - mable Fabrics Act (15 U.S.C. 11 9 4(e)) is amended— (i) in paragraph (2)— (I) by striking ‘‘nature and number’’ and inserting ‘‘nature, circumstances, extent, and gravity’’; (II) by striking ‘‘absence of in j ury, and’’ and inserting ‘‘absence of injury,’’; and (III) by inserting ‘‘, and such other factors as appropriate’’ before the period; and (ii) in paragraph (3)— (I) by striking ‘‘nature and number’’ and inserting ‘‘nature, circumstances, extent, and gravity’’; (II) by striking ‘‘absence of injury, and’’ and inserting ‘‘absence of injury,’’; and (III) by inserting ‘‘, and such other factors as appropriate’’ before the period. (2) CI V IL P ENALT Y CRITERIA.— N ot later than 1 year after the date of enactment of this Act, and in accordance with the procedures of section 553 of title 5, United States Code, the Commission shall issue a final regulation providing its interpretation of the penalty factors described in section 2 0 (b) of the Consumer P roduct Safety Act (15 U.S.C. 2069(b)), section 5(c)(3) of the Federal Hazardous Substances Act (15 U.S.C. Deadlin e .R e gu la t i o n s . 15USC2069 note.
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