§788 Use of Commercial Standards

Summary

When the Administrator proposes a rule that uses or requires a non‑government commercial standard, the public notice must name the group that made the standard and say whether the Administrator thinks that group followed fair procedures in making it. The law says fair procedures mean giving people notice and a chance to take part in public meetings or hearings, keeping the group's membership balanced so all interests are represented, making records and related documents public before the standard is adopted, and having ways for people to ask for reconsideration and review of the standard. The Administrator also must talk with the Attorney General and the Chair of the Federal Trade Commission about how the standard would affect competition, and cannot include the standard if either official advises against it. These rules do not apply to the Administration’s procurement rules. Within 90 days after July 21, 1977, the Administrator must make rules about how Administration employees may officially take part in non‑federal groups’ standard‑setting activities; employees allowed to participate may not vote on standard matters. “Commercial standards” means standards made by non‑federal organizations. It covers 8 types, including specifications for materials, testing methods, performance criteria, model codes, ways to classify parts, procedures or definitions, measures of quantity or quality, and similar rules. Any revision by such an organization counts as making the standard.