42 U.S.C. § 5405 — Judicial review of orders establishing

Page 6557 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5405 (4) Issuance The model manufactured home installation standards shall be issued after notice and an opportunity for public comment in accordance with section 553 of title 5. (c) Manufactured home installation programs (1) Protection of manufactured housing resi- dents during initial period During the 5-year period beginning on De- cember 27, 2000, no State or manufacturer may establish or implement any installation stand- ards that, in the determination of the Sec- retary, provide less protection to the residents of manufactured homes than the protection provided by the installation standards in ef- fect with respect to the State or manufac- turer, as applicable, on December 27, 2000. (2) Installation standards (A) Establishment of installation program Not later than the expiration of the 5-year period described in paragraph (1), the Sec- retary shall establish an installation pro- gram that meets the requirements of para- graph (3) for the enforcement of installation standards in each State described in sub- paragraph (B) of this paragraph. (B) Implementation of installation program Beginning on the expiration of the 5-year period described in paragraph (1), the Sec- retary shall implement the installation pro- gram established under subparagraph (A) in each State that does not have an installa- tion program established by State law that meets the requirements of paragraph (3). (C) Contracting out of implementation In carrying out subparagraph (B), the Sec- retary may contract with an appropriate agent to implement the installation pro- gram established under that subparagraph, except that such agent shall not be a person or entity other than a government, nor an affiliate or subsidiary of such a person or en- tity, that has entered into a contract with the Secretary to implement any other regu- latory program under this chapter. (3) Requirements An installation program meets the require- ments of this paragraph if it is a program reg- ulating the installation of manufactured homes that includes— (A) installation standards that, in the de- termination of the Secretary, provide pro- tection to the residents of manufactured homes that equals or exceeds the protection provided to those residents by— (i) the model manufactured home instal- lation standards established by the Sec- retary under subsection (b)(2); or (ii) the designs and instructions provided by manufacturers under subsection (a), if the Secretary determines that such de- signs and instructions provide protection to the residents of manufactured homes that equals or exceeds the protection pro- vided by the model manufactured home in- stallation standards established by the Secretary under subsection (b)(2); (B) the training and licensing of manufac- tured home installers; and (C) inspection of the installation of manu- factured homes. (Pub. L. 93–383, title VI, § 605, Aug. 22, 1974, 88 Stat. 702; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. L. 106–569, title VI, § 605(a), Dec. 27, 2000, 114 Stat. 3006.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–569 amended section catchline and text generally, substituting provisions relating to man- ufactured home installation for provisions relating to National Manufactured Home Advisory Council. 1980—Subsecs. (a) to (c). Pub. L. 96–399 substituted ‘‘Manufactured Home’’ for ‘‘Mobile Home’’ and ‘‘manu- factured home’’ for ‘‘mobile home’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–569 effective Dec. 27, 2000, except that amendment has no effect on any order or interpretative bulletin issued under this chapter and published as a proposed rule pursuant to 5 U.S.C. 553 on or before Dec. 27, 2000, see section 612 of Pub. L. 106–569, set out as a note under section 5401 of this title. EFFECTIVE DATE Section effective upon the expiration of 180 days fol- lowing Aug. 22, 1974, see section 627 of Pub. L. 93–383, set out as a note under section 5401 of this title. § 5405. Judicial review of orders establishing standards; petition; additional evidence be- fore Secretary; certified copy of transcript (a)(1) In a case of actual controversy as to the validity of any order under section 5403 of this title, any person who may be adversely affected by such order when it is effective may at any time prior to the sixtieth day after such order is issued file a petition with the United States court of appeals for the circuit wherein such person resides or has his principal place of busi- ness, for judicial review of such order. 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 thereupon shall file in the court the record of the proceedings on which the Sec- retary based his order, as provided in section 2112 of title 28. (2) If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such addi- tional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Sec- retary, the court may order such additional evi- dence (and evidence in rebuttal thereof) to be taken before the Secretary, and to be adduced upon the hearing, in such manner and upon such terms and conditions as to the court may seem proper. 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 rec- ommendation, if any, for the modification or setting aside of his original order, with the re- turn of such additional evidence. Page 6558 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5406 (3) Upon the filing of the petition referred to in paragraph (1) of this subsection, the court shall have jurisdiction to review the order in ac- cordance with the provisions of sections 701 through 706 of title 5, and to grant appropriate relief. (4) The judgment of the court affirming or set- ting aside, in whole or in part, any such order 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. (5) 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. (6) The remedies provided for in this sub- section shall be in addition to and not in substi- tution for any other remedies provided by law. (b) A certified copy of the transcript of the record and proceedings under this section shall be furnished by the Secretary to any interested party at his request and payment of the costs thereof, and shall be admissible in any criminal, exclusion of imports, or other proceeding arising under or in respect of this chapter, irrespective of whether proceedings with respect to the order have previously been initiated or become final under subsection (a). (Pub. L. 93–383, title VI, § 606, Aug. 22, 1974, 88 Stat. 702.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon the expiration of 180 days fol- lowing Aug. 22, 1974, see section 627 of Pub. L. 93–383, set out as a note under section 5401 of this title. § 5406. Submission of cost or other information by manufacturer (a) Purpose of submission; detail of information Whenever any manufacturer is opposed to any action of the Secretary under section 5403 of this title or under any other provision of this chap- ter on the grounds of increased cost or for other reasons, the manufacturer shall submit to the Secretary such cost and other information (in such detail as the Secretary may by rule or order prescribe) as may be necessary in order to properly evaluate the manufacturer’s state- ment. The Secretary shall submit such cost and other information to the consensus committee for evaluation. (b) Conditions upon availability to public of sub- mitted information Such information shall be available to the public unless the manufacturer establishes that it contains a trade secret or that disclosure of any portion of such information would put the manufacturer at a substantial competitive dis- advantage. Notice of the availability of such in- formation shall be published promptly in the Federal Register. If the Secretary determines that any portion of such information contains a trade secret or that the disclosure of any por- tion of such information would put the manufac- turer at a substantial competitive disadvantage, such portion may be disclosed to the public only in such manner as to preserve the confiden- tiality of such trade secret or in such combined or summary form so as not to disclose the iden- tity of any individual manufacturer, except that any such information may be disclosed to other officers or employees concerned with carrying out this chapter or when relevant in any pro- ceeding under this chapter. Nothing in this sub- section shall authorize the withholding of infor- mation by the Secretary or any officer or em- ployee under his control from the duly author- ized committees of the Congress. (c) ‘‘Cost information’’ defined For purposes of this section, ‘‘cost informa- tion’’ means information with respect to alleged cost increases resulting from action by the Sec- retary, in such a form as to permit the public, the consensus committee, and the Secretary to make an informed judgment on the validity of the manufacturer’s statements. Such term in- cludes both the manufacturer’s cost and the cost to retail purchasers. (d) Power of Secretary to obtain or require sub- mission of information under other provi- sions unaffected Nothing in this section shall be construed to restrict the authority of the Secretary to obtain or require submission of information under any other provision of this chapter. (Pub. L. 93–383, title VI, § 607, Aug. 22, 1974, 88 Stat. 703; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. L. 106–569, title VI, § 606, Dec. 27, 2000, 114 Stat. 3009.) Editorial Notes AMENDMENTS 2000—Subsec. (a). Pub. L. 106–569, § 606(1), inserted ‘‘to the Secretary’’ after ‘‘manufacturer shall submit’’ and inserted at end ‘‘The Secretary shall submit such cost and other information to the consensus committee for evaluation.’’ Subsec. (c). Pub. L. 106–569, § 606(3), redesignated sub- sec. (d) as (c) and struck out former subsec. (c) which read as follows: ‘‘If the Secretary proposes to establish, amend, or revoke a Federal manufactured home con- struction and safety standard under section 5403 of this title on the basis of information submitted pursuant to subsection (a) of this section, he shall publish a notice of such proposed action, together with the reasons therefor, in the Federal Register at least thirty days in advance of making a final determination, in order to allow interested parties an opportunity to comment.’’ Subsec. (d). Pub. L. 106–569, § 606(3), redesignated sub- sec. (e) as (d). Former subsec. (d) redesignated (c). Pub. L. 106–569, § 606(2), inserted ‘‘, the consensus committee,’’ after ‘‘permit the public’’. Subsec. (e). Pub. L. 106–569, § 606(3), redesignated sub- sec. (e) as (d). 1980—Subsec. (c). Pub. L. 96–399 substituted ‘‘manu- factured home’’ for ‘‘mobile home’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–569 effective Dec. 27, 2000, except that amendment has no effect on any order or interpretative bulletin issued under this chapter and published as a proposed rule pursuant to 5 U.S.C. 553 on or before Dec. 27, 2000, see section 612 of Pub. L. 106–569, set out as a note under section 5401 of this title. EFFECTIVE DATE Section effective upon the expiration of 180 days fol- lowing Aug. 22, 1974, see section 627 of Pub. L. 93–383, set out as a note under section 5401 of this title.