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U.S. Code as of:
01/19/04
Section 1474. Regulations for special packaging standards
(a) Rule making procedure; election and application of procedure
under section 371 of title 21; publication of election and
proposal
Proceedings to issue, amend, or repeal a regulation prescribing a
standard under section 1472 of this title shall be conducted in
accordance with the procedures prescribed by section 553 (other
than paragraph (3)(B) of the last sentence of subsection (b) of
such section) of title 5 unless the Commission elects the
procedures prescribed by subsection (e) of section 371 of title 21,
in which event such subsection and subsections (f) and (g) of such
section 371 shall apply to such proceedings. If the Commission
makes such election, it shall publish that fact with the proposal
required to be published under paragraph (1) of such subsection
(e).
(b) Judicial review; petition; record; additional evidence;
jurisdiction of court of appeals; scope of review; relief pending
review; finality of judgment; review by Supreme Court
(1) In the case of any standard prescribed by a regulation issued
in accordance with section 553 of title 5, any person who will be
adversely affected by such a standard may, at any time prior to the
60th day after the regulation prescribing such standard is issued
by the Commission, file a petition with the United States Court of
Appeals for the circuit in which such person resides or has his
principal place of business for a judicial review of such standard.
A copy of the petition shall be forthwith transmitted by the clerk
of the court to the Commission or other officer designated by it
for that purpose. The Commission shall file in the court the record
of the proceedings on which the Commission based its standard, as
provided in section 2112 of title 28.
(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 was no
opportunity to adduce such evidence in the proceeding before the
Commission, the court may order such additional evidence (and
evidence in rebuttal thereof) to be taken before the Commission in
a hearing or in such other manner, and upon such terms and
conditions, as to the court may seem proper. The Commission may
modify its findings as to the facts, or make new findings, by
reason of the additional evidence so taken, and it shall file such
modified or new findings, and its recommendation, if any, for the
modification or setting aside of its original standard, with the
return of such additional evidence.
(3) Upon the filing of the petition under paragraph (1) of this
subsection the court shall have jurisdiction to review the standard
of the Commission in accordance with subparagraphs (A), (B), (C),
and (D) of paragraph (2) of section 706 of title 5. If the court
ordered additional evidence to be taken under paragraph (2) of this
subsection, the court shall also review the Commission's standard
to determine if, on the basis of the entire record before the court
pursuant to paragraphs (1) and (2) of this subsection, it is
supported by substantial evidence. If the court finds the standard
is not so supported, the court may set it aside.
(4) With respect to any standard reviewed under this subsection,
the court may grant appropriate relief pending conclusion of the
review proceedings, as provided in section 705 of such title 5.
(5) The judgment of the court affirming or setting aside, in
whole or in part, any such standard of the Commission 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.
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