12 2 STA T .304 1 PUBLIC LA W 110 – 314 — AU G .14 , 200 8(2)CONF O RMI N GA M E N D MEN T.—Section5 ( a )( 3 )( 1 5 U .S.C. 2 0 5 4 (a)(3)) i s a m en d ed by st r i k in g‘ ‘an ad v ance notice o fp ro - posed r ul emaking or ’ ’. (b) RUL EMA K ING UNDER F EDERAL H A Z ARDOU S SU B STAN C ES A CT.— (1) I N GENERAL.—Section 3(a) of t h e Federal Ha z ardous Substances Act (15 U.S.C. 12 6 2(a)) is amended to read as follo w s
‘‘(a) RULEMAKING.— ‘‘(1) IN GENERAL.— W henever in the j udgment of the Commission such action will promote the objectives of this Act by avoiding or resolving uncertainty as to its application , the Commission may by regulation declare to be a hazardous substance, for the purposes of this Act, any substance or mi x - ture of substances, which it finds meets the re q uirements of section 2(f)(1)(A). ‘‘(2) P ROCEDURE.—Proceedings for the issuance, amend- ment, or repeal of regulations under this subsection and the admissibility of the record of such proceedings in other pro- ceedings, shall be governed by the provisions of subsections (f) through (i) of this section.’’. (2) PROCEDURE.—Section 2(q)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)(2)) is amended by striking ‘‘Proceedings for the issuance, amendment, or repeal of regula- tions pursuant to clause ( B ) of subparagraph (1) of this para- graph shall be governed by the provisions of sections 7 01(e), (f), and (g) of the Federal Food, D rug, and Cosmetic Act: Pro- vided, T hat if’’ and inserting ‘‘Proceedings for the issuance, amendment, or repeal of regulations pursuant to clause (B) of subparagraph (1) of this paragraph shall be governed by the provisions of subsections (f) through (i) of section 3 of this Act, except that if’’. (3) A N PR RE Q UIREMENT.—Section 3 of the Federal Haz- ardous Substances Act (15 U.S.C. 1262) is amended— (A) by striking ‘‘shall be commenced’’ in subsection (f) and inserting ‘‘may be commenced’’
(B) by striking ‘‘in the notice’’ in subsection (g)(1) and inserting ‘‘in a notice’’; (C) by striking ‘‘unless, not less than 60 days after publication of the notice required in subsection (f), the’’ in subsection (h) and inserting ‘‘unless the’’; and (D) by striking ‘‘Committee on Commerce’’ and all that follows through ‘‘Representatives.’’ in subsection (h), and inserting ‘‘appropriate Congressional committees. Nothing in this subsection shall preclude any person from submit- ting an existing standard or portion of a standard as a proposed regulation.’’ (4) O T H ER CONFORMING AMENDMENTS.—The Federal Haz- ardous Substances Act (15 U.S.C. 1261 et seq.) is amended— (A) by striking paragraphs (c) and (d) of section 2 and inserting the following: ‘‘(c) The term ‘Commission’ means the Consumer Product Safety Commission.’’; (B) by striking ‘‘Secretary’’ each place it appears and inserting ‘‘Commission’’ except— (i) in section 10(b) (15 U.S.C. 126 9 (b)); (ii) in section 14 (15 U.S.C. 1273); and
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