Page:United States Statutes at Large Volume 114 Part 5.djvu/991

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PUBLIC LAW 106-569—DEC. 27, 2000 114 STAT. 3005 Federal Register, publication. to clarify the meaning of any Federal manufactured home construction and safety standard or procedural and enforcement regulation. "(3) REVIEW BY CONSENSUS COMMITTEE.— Before issuing a procedural or enforcement regulation or an interpretative bulletin— "(A) the Secretary shall— "(i) submit the proposed procedural or enforcement regulation or interpretative bulletin to the consensus committee; and "(ii) provide the consensus committee with a period of 120 days to submit written comments to the Secretary on the proposed procedural or enforcement regulation or the interpretative bulletin; and "(B) if the Secretary rejects any significant comment provided by the consensus committee under subparagraph (A), the Secretary shall provide a written explanation of the reasons for the rejection to the consensus committee; and "(C) following compliance with subparagraphs (A) and (B), the Secretary shall— "(i) cause the proposed regulation or interpretative bulletin and the consensus committee's written comments, along with the Secretary response thereto, to be published in the Federal Register; and "(ii) provide an opportunity for public comment in accordance with section 553 of title 5, United States Code. "(4) REQUIRED ACTION.— Not later than 120 days after the Deadline date on which the Secretary receives a proposed regulation or interpretative bulletin submitted by the consensus committee, the Secretary shall— "(A) approve the proposal and cause the proposed regulation or interpretative bulletin to be published for public comment in accordance with section 553 of title 5, United States Code; or "(B) reject the proposed regulation or interpretative bulletin and— "(i) provide to the consensus committee a written explanation of the reasons for rejection; and "(ii) cause to be published in the Federal Register the rejected proposed regulation or interpretive bulletin, the reasons for rejection, and any recommended modifications set forth. " (5) AUTHORITY TO ACT AND EMERGENCY.— If the Secretary determines, in writing, that such action is necessary to address an issue on which the Secretary determines that the consensus committee has not made a timely recommendation following a request by the Secretary, or in order to respond to an emergency that jeopardizes the public health or safety, the Secretary may issue an order that is not developed under the procedures set forth in subsection (a) or in this subsection, if the Secretary— "(A) provides to the consensus committee a written description and sets forth the reasons why action is necessary and all supporting documentation; and Federal Register, publication.