86 STAT. ]
PUBLIC LAW 92-573-OCT. 27, 1972
1217
subsection (a)(2) of this section. It may revoke such rule only if it determines that the rule is not reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with the product. Sec- Applicability. tion 11 shall apply to any amendment of a consumer product safety rule which involves a material change and to any revocation of a consumer product safety rule, in the same manner and to the same extent as such section applies to the Commission's action in promulgating such a rule. COMMISSION RESPONSIBILITY—PETITION FOR CONSUMER PRODUCT SAFETY RULE
SEC. 10. (a) Any interested person, including a consumer or consumer organization, may petition the Commission to commence a proceeding for the issuance, amendment, or revocation of a consumer product safety rule. (b) Such petition shall be filed in the principal office of the Commission and shall set forth (1) facts which it is claimed establish that 'A consumer product safety rule or an amendment or revocation thereof is necessarj'^, and (2) a brief description of the substance of the consumer product safety rule or amendment thereof which it is claimed should be issued by the Commission. (c) The Commission may hold a public hearing or may conduct. bearing or \ '.
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such investigation or proceeding as it deems appropriate m order to determine whether or not such petition should be granted. (d) Within 120 days after filing of a petition described in subsection (b), the Commission shall either grant or deny the petition. If the Commission grants such petition, it shall promptly commence an appropriate proceeding under section 7 or 8. If the Commission denies deniii"°ubiica such petition it shall publish in the Federal Register its reasons for ti^on^ln Federal such denial. Register. (e)(1) If the Commission denies a petition made under this section u.s. district (or if it fails to grant or deny such petition within the 120-day period) actTon.*^^' the petitioner may commence a civil action in a United States district court to compel the Commission to initiate a proceeding to take the action requested. Any such action shall be filed within 60 days after the Commission's denial of the petition, or (if the Commission fails to grant or deny the petition within 120 days after filing the petition) within 60 days after the expiration of the 120-day period. (2) If the petitioner can demonstrate to the satisfaction of the court, by a preponderance of evidence in a de novo proceeding before such court, that the consumer product presents an unreasonable risk of injury, and that the failure of the Commission to initiate a rulemaking proceeding under section 7 or 8 unreasonably exposes the petitioner or other consumers to a risk of injury presented by the consumer product, the court shall order the Commission to initiate the action requested by the petitioner. (3) In any action under this subsection, the district court shall have no authority to compel the Commission to take any action other than the initiation of a rule-making proceeding in accordance with section 7 or 8. (f) The remedies under this section shall be in addition to, and not in lieu of, other remedies provided by law. (g) Subsection (e) of this section shall apply only with respect to Applicability, petitions filed more than 3 years after the date of enactment of this Act.
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