Consumer product safety standard for portable heating devices

(a)

Consumer product safety standard required

The Consumer Product Safety Commission shall— (1)in consultation with representatives of consumer groups, portable heating device product manufacturers, and independent engineers and experts and fire safety experts, examine and assess the effectiveness of any voluntary consumer product safety standard for portable heating devices; and (2)in accordance with section 553 of title 5, United States Code, promulgate a consumer product safety standard that includes, at a minimum, a requirement that the portable heating device shut off at a threshold determined hazardous by the Commission, and that— (A)is substantially the same as such voluntary standard; or (B)is more stringent than such voluntary standard, if the Commission determines that a more stringent standard would further reduce the risk of injury associated with such device. (b)

Treatment of standard

A consumer product safety standard promulgated under subsection (a) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). (c)

Additional rulemaking

After promulgating the standard required pursuant to subsection (a), the Commission may, in accordance with section 553 of title 5, United States Code, periodically review and revise the standard to ensure the standard provides the highest level of safety for portable heating devices that is feasible. (d)

Judicial review

Any person adversely affected by a standard promulgated or revised under this section may file a petition for review under the procedures set forth in section 11(g) of the Consumer Product Safety Act (15 U.S.C. 2060(g)). (e)

Revisions to voluntary standard

(1)

Notice of adoption

Not later than 60 days after the date on which the Commission promulgates a consumer product safety standard under this section that is based, in whole or in part, on a voluntary standard, the Commission shall notify the organization that issued the voluntary standard of the Commission standard and shall provide a copy of the Commission standard to the organization. (2)

Commission action on revised voluntary standard

(A)

Notification by standards organization

Not later than 60 days after the date on which an organization revises a standard that has been adopted, in whole or in part, as a consumer product safety standard under this section, the organization shall notify the Commission of such revision. (B)

Adoption or rejection of revised standard

A revised voluntary standard described under subparagraph (A) shall be treated as a consumer product safety standard promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) effective 180 days after the date on which the organization notifies the Commission (or such later date specified by the Commission in the Federal Register) unless, within 90 days after the date on which the notice is received, the Commission notifies the organization that the Commission has determined that the revised voluntary standard does not improve the safety of the consumer product covered by the standard and that the Commission will not adopt that standard. (f)

Definitions

In this section: (1)

Commission

The term Commission means the Consumer Product Safety Commission. (2)

Portable heating device

The term portable heating device shall have the meaning given such term by the Commission.