Page:United States Statutes at Large Volume 82.djvu/1220

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[82 STAT. 1178]
[82 STAT. 1178]
PUBLIC LAW 90-000—MMMM. DD, 1968


PUBLIC LAW 90-602-OCT. 18, 1968

[82 STAT.

scribed procurement specifications governing emissions of electronic product radiation and provided further that such product is of a type used solely or predominantly by departments or agencies of the United States. "(b) The provisions of subchapter II of chapter 5 of title 5 of the United States Code (relating to the administrative procedure for Fus^c^ss'f 701. rulemaking), and of chapter 7 of such title (relating to judicial re' ' view), shall apply with respect to any regulation prescribing, amending, or revoking any standard prescribed under this section. F ^"^"'^l""." *" "(c) Each regulation prescribing, amending, or revoking a standegis er. ^^^^ shall specify the date on which it shall take effect which, in the case of any regulation prescribing, or amending any standard, may not be sooner than one year or not later than two years after the date on which such regulation is issued, unless the Secretary finds, for good cause shown, that an earlier or later effective date is in the public interest and publishes in the Federal Register his reason for such finding, in which case such earlier or later date shall apply. Petition for «/(j) n\ jjj g, (.^g^ ^f actual controversy as to the validity of any judicial review,

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regulation issued under this section prescribing, amending, or revoking a performance standard, any person who will be adversely affected by such regulation when it is effective may at any time prior to the sixtieth day after such regulation 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 business, for a judicial review of such regulation. 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 Secretary based the regulation, as provided in section 2112 of title 28 of the United States 72 Stat. 941; 80 Stat 1323

62 Stat. 928.

Cwle. v^'-'^^.w.

" (2) If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Secretary, the court may order such additional evidence (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, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings, and his recommendations, if any, for the modification or setting aside of his original regulation, with the return of such additional evidence. "(3) Upon the filing of the petition referred to in paragraph (1) of this subsection, the court shall have jurisdiction to review the regulation in accordance with chapter 7 of title 5 of the United States Code and to grant appropriate relief as provided in such chapter. "(4) The judgment of the court affirming or setting aside, in whole or in part, any such regulation 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 of the United States Code. "(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 subsection shall be in addition to and not in substitution for any other remedies provided by law. "(e) A certified copy of the transcript of the record and adminis-