718 



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. 



(d) Judicial review. 



(1) In a case of actual controversy as to the 

 validity of any regulation issued under this section 

 prescribing, amending, or revoicing a performance 

 standard, any person who wUl 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 desig- 

 nated by him for that purpose. The Secretary 

 thereupon shall file in the court the record of the 

 proceedings on which the Secretary based the regu- 

 lation, 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 evi- 

 dence 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 re- 

 buttal thereof) to be taken before the Secretary, 

 and to be adduced upon the hearing, in such man- 

 ner 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 addi- 

 tional 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 accord- 

 ance with chapter 7 of Title 5 and to grant appro- 

 priate relief as provided in such chapter. 



(4) The judgment of the court affirming or set- 

 ting 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. 



<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 substitution for any 

 other remedies provided by law. 



(e) Availability of record. 



A certified copy of the transcript of the record 

 and administrative proceedings under this section 

 shall be furnished by the Secretary to any interested 

 party at his request, and payment of the costs 



thereof, and shall be admissible in any criminal, ex- 

 clusion of imports, or other proceeding arising under 

 or In respect of this subpart irrespective of whether 

 proceedings with respect to the regulation have 

 previously been initiated or become final under this 

 section. 



(f) Technical Electronic Product Radiation Safety 

 Standards Committee. 



(1)(A) The Secretary shall establish a Techni- 

 cal Electronic Product Radiation Safety Standards 

 Committee (hereafter in this subpart referred to as 

 the "Committee") which he shall consult before pre- 

 scribing any standard under this section. The Com- 

 mittee shall be appointed by the Secretary, after 

 consultation with public and private agencies con- 

 cerned with the technical aspects of electronic 

 product radiation safety, and shall be composed of 

 fifteen members each of whom shall be technically 

 qualified by training and experience in one or more 

 fields of science or engineering applicable to elec- 

 tronic product radiation safety, as follows: 



(I) Five members shall be selected from gov- 

 ernmental agencies Including State and Federal 

 Governments; 



(II) Five members shall be selected from the 

 affected industries after consultation with Indus- 

 try representatives; and 



(iii) Five members shall be selected from the 



general public, of which at least one shall be a 



representative of organized labor. 



(B) The Committee may propose electronic prod- 

 uct radiation safety standards to the Secretary for 

 his consideration All proceedings of the Committee 

 shall be recorded and the record of each such pro- 

 ceeding shall be available for public Inspection. 



(2) Payments to members of the Committee who 

 are not officers or employees of the United States pur- 

 suant to section 210(c) of this title shall not render 

 members of the Committee officers or employees of 

 the United States for any purpose. 



(g) Review and evaluation. 



The Secretary shall review and evaluate on a con- 

 tinuing basis testing programs carried out by indus- 

 try to assure the adequacy of safeguards against 

 hazardous electronic product radiation and to assure 

 that electronic products comply with standards pre- 

 scribed under this section. 



(h) Product certification. 



Every manufacturer of an electronic product to 

 which is applicable a standard In effect under this 

 section shall furnish to the distributor or dealer at 

 the time of delivery of such product, in the form of a 

 label of tag permanently affixed to such product or 

 in such manner as approved by the Secretary, the 

 certification that such product conforms to all ap- 

 plicable standards under this section. Such certifica- 

 tion shall be based upon a test, in accordance with 

 such' standard, of the individual article to which it Is 

 attached or upon a testing program which Is In ac- 

 cord with good manufacturing practice and which 

 has not been disapproved by the Secretary (in such 

 manner as he shall prescribe by regulation) on the 

 grounds that it does not assure the adequacy of safe- 

 guards against hazardous electronic product radla- 



