§788 Use of Commercial Standards

Summary

When a proposed rule would use or require any commercial standards, the Administrator must name the organization that created those standards and say whether, in the Administrator’s view, that organization followed certain openness rules. Those openness rules mean the group gave public notice and open chances to comment, had a balanced membership so different interests were represented, made relevant records and documents available to the public, and had procedures for people to ask for reconsideration and review of the standards. Before putting a commercial standard into a rule, the Administrator must talk with the Attorney General and the Chair of the Federal Trade Commission about how the standard would affect competition, and cannot use the standard if either official objects. These requirements do not apply to rules about the Administration’s own purchasing. Within 90 days after July 21, 1977, the Administrator had to make rules about when employees may officially take part in nonfederal groups that set commercial standards; such employees may participate but may not vote on matters about those standards. "Commercial standards" means things like material specifications, test methods, performance criteria, model codes, component classifications, definitions or procedures, ways to measure quantity or quality, and similar rules.