15 U.S.C. § 2082 — Interim cellulose insulation safety stand-

Page 1767 TITLE 15—COMMERCE AND TRADE § 2082 accumulated or accrued leave, severance pay, and any other expenses related to a reduction in force in the Commission. 1978—Subsec. (a)(5) to (7). Pub. L. 95–631 added pars. (5) to (7). 1976—Subsec. (a). Pub. L. 94–284, § 2, substituted ‘‘$51,000,000 for the fiscal year ending June 30, 1976, $14,000,000 for the period beginning July 1, 1976, and end- ing September 30, 1976, $60,000,000 for the fiscal year ending September 30, 1977, and $68,000,000 for the fiscal year ending September 30, 1978’’ for ‘‘$55,000,000 for the fiscal year ending June 30, 1973, $59,000,000 for the fiscal year ending June 30, 1974, and $64,000,000 for the fiscal year ending June 30, 1975’’. Subsec. (c). Pub. L. 94–284, § 5(b), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as a note under section 2052 of this title. EFFECTIVE DATE Section effective Oct. 27, 1972, see section 34(1) of Pub. L. 92–573, set out as a note under section 2051 of this title. § 2082. Interim cellulose insulation safety stand- ard (a) Applicability of specification of General Serv- ices Administration; authority and effect of interim standard; modifications; criteria; la- beling requirements (1) Subject to the provisions of paragraph (2), on and after the last day of the 60-day period be- ginning on July 11, 1978, the requirements for flame resistance and corrosiveness set forth in the General Services Administration’s specifica- tion for cellulose insulation, HH–I–515C (as such specification was in effect on February 1, 1978), shall be deemed to be an interim consumer prod- uct safety standard which shall have all the au- thority and effect of any other consumer prod- uct safety standard promulgated by the Com- mission under this chapter. During the 45-day period beginning on July 11, 1978, the Commis- sion may make, and shall publish in the Federal Register, such technical, nonsubstantive changes in such requirements as it deems appro- priate to make such requirements suitable for promulgation as a consumer product safety standard. At the end of the 60-day period speci- fied in the first sentence of this paragraph, the Commission shall publish in the Federal Reg- ister such interim consumer product safety standard, as altered by the Commission under this paragraph. (2) The interim consumer product safety standard established in paragraph (1) shall pro- vide that any cellulose insulation which is pro- duced or distributed for sale or use as a con- sumer product shall have a flame spread rating of 0 to 25, as such rating is set forth in the Gen- eral Services Administration’s specification for cellulose insulation, HH–I–515C. (3) During the period for which the interim consumer product safety standard established in subsection (a) is in effect, in addition to com- plying with any labeling requirement estab- lished by the Commission under this chapter, each manufacturer or private labeler of cel- lulose insulation shall include the following statement on any container of such cellulose in- sulation: ‘‘ATTENTION: This material meets the applicable minimum Federal flammability standard. This standard is based upon labora- tory tests only, which do not represent actual conditions which may occur in the home’’. Such statement shall be located in a conspicuous place on such container and shall appear in con- spicuous and legible type in contrast by typog- raphy, layout, and color with other printed mat- ter on such container. (b) Scope of judicial review Judicial review of the interim consumer prod- uct safety standard established in subsection (a), as such standard is in effect on and after the last day of the 60-day period specified in such subsection, shall be limited solely to the issue of whether any changes made by the Commission under paragraph (1) are technical, nonsub- stantive changes. For purposes of such review, any change made by the Commission under paragraph (1) which requires that any test to de- termine the flame spread rating of cellulose in- sulation shall include a correction for variations in test results caused by equipment used in the test shall be considered a technical, nonsub- stantive change. (c) Enforcement; violations; promulgation of final standard; procedures applicable to pro- mulgation; revision of interim standard; pro- cedures applicable to revision (1)(A) Any interim consumer product safety standard established pursuant to this section shall be enforced in the same manner as any other consumer product safety standard until such time as there is in effect a final consumer product safety standard promulgated by the Commission, as provided in subparagraph (B), or until such time as it is revoked by the Commis- sion under section 2058(e) of this title. A viola- tion of the interim consumer product safety standard shall be deemed to be a violation of a consumer product safety standard promulgated by the Commission under section 2058 of this title. (B) If the Commission determines that the in- terim consumer product safety standard does not adequately protect the public from the un- reasonable risk of injury associated with flam- mable or corrosive cellulose insulation, it shall promulgate a final consumer product safety standard to protect against such risk. Such final standard shall be promulgated pursuant to sec- tion 553 of title 5, except that the Commission shall give interested persons an opportunity for the oral presentation of data, views, or argu- ments, in addition to an opportunity to make written submissions. A transcript shall be kept of any oral presentation. The provisions of sec- tion 2058(b), (c), and (d) of this title shall apply to any proceeding to promulgate such final standard. In any judicial review of such final standard under section 2060 of this title, the court shall not require any demonstration that each particular finding made by the Commission under section 2058(c) of this title is supported by substantial evidence. The court shall affirm the action of the Commission unless the court deter- mines that such action is not supported by sub- stantial evidence on the record taken as a whole. Page 1768 TITLE 15—COMMERCE AND TRADE § 2082 (2)(A) Until there is in effect such a final con- sumer product safety standard, the Commission shall incorporate into the interim consumer product safety standard, in accordance with the provisions of this paragraph, each revision su- perseding the requirements for flame resistance and corrosiveness referred to in subsection (a) and promulgated by the General Services Ad- ministration. (B) At least 45 days before any revision super- seding such requirements is to become effective, the Administrator of the General Services Ad- ministration shall notify the Commission of such revision. In the case of any such revision which becomes effective during the period begin- ning on February 1, 1978, and ending on July 11, 1978, such notice from the Administrator of the General Services Administration shall be deemed to have been made on July 11, 1978. (C)(i) No later than 45 days after receiving any notice under subparagraph (B), the Commission shall publish the revision, including such changes in the revision as it considers appro- priate to make the revision suitable for promul- gation as an amendment to the interim con- sumer product safety standard, in the Federal Register as a proposed amendment to the in- terim consumer product safety standard. (ii) The Commission may extend the 45-day pe- riod specified in clause (i) for an additional pe- riod of not more than 150 days if the Commission determines that such extension is necessary to study the technical and scientific basis for the revision involved, or to study the safety and economic consequences of such revision. (D)(i) Additional extensions of the 45-day pe- riod specified in subparagraph (C)(i) may be taken by the Commission if— (I) the Commission makes the determination required in subparagraph (C)(ii) with respect to each such extension; and (II) in the case of further extensions pro- posed by the Commission after an initial ex- tension under this clause, such further exten- sions have not been disapproved under clause (iv). (ii) Any extension made by the Commission under this subparagraph shall be for a period of not more than 45 days. (iii) Prior notice of each extension made by the Commission under this subparagraph, to- gether with a statement of the reasons for such extension and an estimate of the length of time required by the Commission to complete its ac- tion upon the revision involved, shall be pub- lished in the Federal Register and shall be sub- mitted to the appropriate Congressional com- mittees. (iv) In any case in which the Commission takes an initial 45-day extension under clause (i), the Commission may not take any further extensions under clause (i) if each committee re- ferred to in clause (iii) disapproves by com- mittee resolution any such further extensions before the end of the 15-day period following no- tice of such initial extension made by the Com- mission in accordance with clause (iii). (E) The Commission shall give interested per- sons an opportunity to comment upon any pro- posed amendment to the interim consumer prod- uct safety standard during the 30-day period fol- lowing any publication by the Commission under subparagraph (C). (F) No later than 90 days after the end of the period specified in subparagraph (E), the Com- mission shall promulgate the amendment to the interim consumer product safety standard un- less the Commission determines, after consulta- tion with the Secretary of Energy, that— (i) such amendment is not necessary for the protection of consumers from the unreason- able risk of injury associated with flammable or corrosive cellulose insulation; or (ii) implementation of such amendment will create an undue burden upon persons who are subject to the interim consumer product safe- ty standard. (G) The provisions of section 2060 of this title shall not apply to any judicial review of any amendment to the interim product safety stand- ard promulgated under this paragraph. (d) Reporting requirements of other Federal de- partments, agencies, etc., of violations Any Federal department, agency, or instru- mentality, or any Federal independent regu- latory agency, which obtains information which reasonably indicates that cellulose insulation is being manufactured or distributed in violation of this chapter shall immediately inform the Commission of such information. (e) Reporting requirements of Commission to Congressional committees; contents, time of submission, etc. (1) The Commission, no later than 45 days after July 11, 1978, shall submit a report to the appropriate Congressional committees which shall contain a detailed statement of the man- ner in which the Commission intends to carry out the enforcement of this section. (2)(A) The Commission, no later than 6 months after the date upon which the report required in paragraph (1) is due (and no later than the end of each 6-month period thereafter), shall submit a report to each committee referred to in para- graph (1) which shall describe the enforcement activities of the Commission with respect to this section during the most recent 6-month pe- riod. (B) The first report which the Commission submits under subparagraph (A) shall include the results of tests of cellulose insulation manu- factured by at least 25 manufacturers which the Commission shall conduct to determine whether such cellulose insulation complies with the in- terim consumer product safety standard. The second such report shall include the results of such tests with respect to 50 manufacturers who were not included in testing conducted by the Commission for inclusion in the first report. (f) Compliance with certification requirements; implementation; waiver; rules and regula- tions (1) The Commission shall have the authority to require that any person required to comply with the certification requirements of section 2063 of this title with respect to the manufacture of cellulose insulation shall provide for the per- formance of any test or testing program re- quired for such certification through the use of an independent third party qualified to perform Page 1769 TITLE 15—COMMERCE AND TRADE § 2084 such test or testing program. The Commission may impose such requirement whether or not the Commission has established a testing pro- gram for cellulose insulation under section 2063(b) of this title. (2) The Commission, upon petition by a manu- facturer, may waive the requirements of para- graph (1) with respect to such manufacturer if the Commission determines that the use of an independent third party is not necessary in order for such manufacturer to comply with the certification requirements of section 2063 of this title. (3) The Commission may prescribe such rules as it considers necessary to carry out the provi- sions of this subsection. (g) Authorization of appropriations There are authorized to be appropriated, for each of the fiscal years 1978, 1979, 1980, and 1981, such sums as may be necessary to carry out the provisions of this section. (Pub. L. 92–573, § 35, as added Pub. L. 95–319, § 3(a), July 11, 1978, 92 Stat. 386; amended Pub. L. 103–437, § 5(c)(2), Nov. 2, 1994, 108 Stat. 4582; Pub. L. 110–314, title II, § 235(c)(3), (5), Aug. 14, 2008, 122 Stat. 3074, 3075.) Editorial Notes AMENDMENTS 2008—Subsec. (c)(2)(D)(iii). Pub. L. 110–314, § 235(c)(3), substituted ‘‘the appropriate Congressional commit- tees’’ for ‘‘the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representa- tives’’. Subsec. (e)(1). Pub. L. 110–314, § 235(c)(5), substituted ‘‘the appropriate Congressional committees’’ for ‘‘the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Energy and Commerce of the House of Representatives’’. 1994—Subsecs. (c)(2)(D)(iii), (e)(1). Pub. L. 103–437 sub- stituted ‘‘Committee on Energy and Commerce’’ for ‘‘Committee on Interstate and Foreign Commerce’’. Statutory Notes and Related Subsidiaries CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSE Pub. L. 95–319, § 2, July 11, 1978, 92 Stat. 386, provided that: ‘‘(a) The Congress finds that— ‘‘(1) existing Federal, State, and local laws and reg- ulations are insufficient to protect the consumer from improperly manufactured cellulose insulation; ‘‘(2) an unreasonably large quantity of cellulose in- sulation is being distributed that does not meet min- imum safety standards; ‘‘(3) an urgent need exists for the expedited setting of interim mandatory Federal standards for the man- ufacture of cellulose insulation; and ‘‘(4) such standards are reasonably necessary to eliminate or reduce an unreasonable risk of injury to consumers from flammable or corrosive cellulose in- sulation. ‘‘(b) It is the purpose of the Congress in this Act [en- acting this section, amending section 2068 of this title, and enacting provisions set out as notes under sections 2051 and 2082 of this title] to provide an interim manda- tory safety standard for cellulose insulation manufac- tured for use as a consumer product.’’ § 2083. Congressional veto of consumer product safety rules (a) Transmission to Congress The Commission shall transmit to the Sec- retary of the Senate and the Clerk of the House of Representatives a copy of any consumer prod- uct safety rule promulgated by the Commission under section 2058 of this title. (b) Disapproval by concurrent resolution Any rule specified in subsection (a) shall not take effect if— (1) within the 90 calendar days of continuous session of the Congress which occur after the date of the promulgation of such rule, both Houses of the Congress adopt a concurrent res- olution, the matter after the resolving clause of which is as follows (with the blank spaces appropriately filled): ‘‘That the Congress dis- approves the consumer product safety rule which was promulgated by the Consumer Product Safety Commission with respect to and which was transmitted to the Congress on and disapproves the rule for the following reasons: .’’; or (2) within the 60 calendar days of continuous session of the Congress which occur after the date of the promulgation of such rule, one House of the Congress adopts such concurrent resolution and transmits such resolution to the other House and such resolution is not dis- approved by such other House within the 30 calendar days of continuous session of the Congress which occur after the date of such transmittal. (c) Presumptions from Congressional action or inaction Congressional inaction on, or rejection of, a concurrent resolution of disapproval under this section shall not be construed as an expression of approval of the rule involved, and shall not be construed to create any presumption of validity with respect to such rule. (d) Continuous session of Congress For purposes of this section— (1) continuity of session is broken only by an adjournment of the Congress sine die; and (2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the periods of continuous session of the Congress specified in subsection (b). (Pub. L. 92–573, § 36, as added Pub. L. 97–35, title XII, § 1207(a), Aug. 13, 1981, 95 Stat. 718.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to consumer product safety rules under this chapter and regulations under chapters 25 and 30 of this title promulgated after Aug. 13, 1981, see section 1215 of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 2052 of this title. § 2084. Information reporting (a) Notification of settlements or judgments If a particular model of a consumer product is the subject of at least 3 civil actions that have been filed in Federal or State court for death or grievous bodily injury which in each of the 24- month periods defined in subsection (b) result in either a final settlement involving the manufac- turer or a court judgment in favor of the plain-