12 2 STA T .3054PUBLIC LA W 110 – 314 — AU G .14 , 200 8(B)byinsert in ga tt h een d the fol lo w ing
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‘( 2 ) T he re qu ire m ent for a hearing in p aragraph ( 1 ) shall not apply to an order issued under subse c tion (c) or (d) relating to an imminently ha z ardous consumer product with regard to which the C ommission has filed an action under section 12 .’ ’. (b) C OR R ECTIV E A CTIO NPLA N S . —S ection 1 5 (d) (15 U .S.C. 2 064 (d)) is amended— (1) by inserting ‘‘(1)’’ after the subsection designation
(2) by inserting ‘‘to pro v ide the notice required by sub - section (c) and’’ after ‘‘such product’’ the first place it appears; ( 3 ) by stri k ing ‘‘whichever of the following actions the per- son to whom the order is directed elects:’’ and inserting ‘‘any one or more of the following actions it determines to be in the public interest:’’; (4) by redesignating paragraphs (1) , (2), and (3) as subpara- graphs (A), (B), and (C); (5) in each of subparagraphs (A) and (B) (as so redesig- nated), by striking ‘‘consumer product safety rule’’ each place it appears and inserting ‘‘rule, regulation, standard, or ban’’; (6) by striking ‘‘more (A)’’ in subparagraph (C), as redesig- nated, and inserting ‘‘more (i)’’; ( 7 ) by striking ‘‘or (B)’’ in subparagraph (C), as redesig- nated, and inserting ‘‘or (ii)’’; ( 8 ) by striking ‘‘An order under this subsection may’’ and inserting: ‘‘(2) An order under this subsection shall’’; ( 9 ) by striking ‘‘satisfactory to the Commission,’’ and inserting ‘‘for approval by the Commission,’’; (10) by striking ‘‘paragraphs of this subsection under which such person has elected to act’’ and inserting ‘‘subparagraphs under which such person has been ordered to act’’; (11) by striking ‘‘if the person to whom the order is directed elects to take the action described in paragraph (3)’’ and insert ‘‘if the Commission orders the action described in subparagraph (C)’’; (12) by striking ‘‘ I f an order under this subsection is directed’’ and all that follows through ‘‘has the election under this subsection’’; (13) by striking ‘‘described in paragraph (3).’’ and inserting ‘‘described in paragraph (1)(C).’’; and (14) by adding at the end the following: ‘‘(3)(A) If the Commission approves an action plan, it shall indicate its approval in writing. ‘‘(B) If the Commission finds that an approved action plan is not effective or appropriate under the circumstances, or that the manufacturer, retailer, or distributor is not e x ecuting an approved action plan effectively, the Commission may, by order, amend, or require amendment of, the action plan. In determining whether an approved plan is effective or appropriate under the circumstances, the Commission shall consider whether a repair or replacement changes the intended functionality of the product. ‘‘(C) If the Commission determines, after notice and opportunity for comment, that a manufacturer, retailer, or distributor has failed to comply substantially with its obligations under its action plan, the Commission may revoke its approval of the action plan. The manufacturer, retailer, or distributor to which the action plan applies may not distribute in commerce the product to which the
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