§788 Use of commercial standards

Summary

When a proposed rule uses a commercial standard, the public notice must name the group that created the standard and must say whether the Administrator believes that group followed fair procedures. Fair procedures mean the group gave people notice and a chance to speak in open meetings, had a balanced membership so all interests were represented, made its records and related documents available before adopting the standard, and had ways for people to ask for reconsideration and review of the standard. The Administrator must check with the Attorney General and the Chair of the Federal Trade Commission about how the standard affects competition and must not include the standard if either official advises against it. These rules do not apply to rules about the Administration’s buying or procurement activities. No later than 90 days after July 21, 1977, the Administrator must make rules about when Administration employees may, in their official role, take part in non‑federal groups that set commercial standards; such employees may participate but may not vote. “Commercial standards” means things like material specs, test methods, performance criteria, model codes, component classifications, procedures or definitions, measurement methods for evaluating items, or similar rules.