15 USC 788 - Use of commercial standards

U.S Code last checked for updates: Nov 22, 2024

§ 788.

Use of commercial standards

(a)

General notice of proposed rulemaking

If any proposed rule by the Administrator contains any commercial standards, or specifically authorizes or requires the use of any such standards, then any general notice of the proposed rulemaking shall—

(1)

identify, by name, the organization which promulgated such standards; and

(2)

state whether or not, in the judgment of the Administrator, such organization complied with the requirements of subsection (b) in the promulgation of such standards.

(b)

Promulgation of commercial standards

An organization complies with the requirements of this subsection in promulgating any commercial standards if—

(1)

it gives interested persons adequate notice of the proposed promulgation of the standards and an opportunity to participate in the promulgation process through the presentation of their views in hearings or meetings which are open to the public;

(2)

the membership of the organization at the time of the promulgation of the standards is sufficiently balanced so as to allow for the effective representation of all interested persons;

(3)

before promulgating such standards, it makes available to the public any records of proceedings of the organization, and any documents, letters, memorandums, and materials, relating to such standards; and

(4)

it has procedures allowing interested persons to—

(A)

obtain a reconsideration of any action taken by the organization relating to the promulgation of such standards, and

(B)

obtain a review of the standards (including a review of the basis or adequacy of such standards).

(c)

Consultation with Attorney General and Chairman of Federal Trade Commission; impact of rules on competition

(d)

Rules relating to Administration procurement activities

(e)

Participation of Administration employees in organizations relating to promulgation of commercial standards

(f)

“Commercial standards” defined

As used in this section, the term “commercial standards” means—

(1)

specifications of materials;

(2)

methods of testing;

(3)

criteria for adequate performance or operation;

(4)

model codes;

(5)

classification of components;

(6)

delineation of procedures or definition of terms;

(7)

measurement of quantity or quality for evaluating or referring to materials, products, systems, services, or practices; or

(8)

similar rules, procedures, requirements, or standards;

which are promulgated by any organization which is not a Federal entity. For purposes of the preceding sentence, any revision by any such organization of any such rule, procedure, requirement, or standard shall be considered to be the same as the promulgation of such standard.

(Pub. L. 93–275, § 32, as added Pub. L. 95–70, § 9, July 21, 1977, 91 Stat. 278.)

cite as: 15 USC 788