15 U.S.C. § 788 — Use of commercial standards

(a) If a proposed rule contains commercial standards or specifically allows or requires their use, the general notice of proposed rulemaking must identify the organization that made the standards and state whether the Administrator believes it followed subsection (b). (b) An organization follows this subsection if it: (1) gives interested people adequate notice and a chance to participate through public hearings or meetings; (2) has balanced membership that effectively represents all interested people; (3) makes proceedings records and related documents available to the public before adopting the standards; and (4) lets interested people seek reconsideration of the organization’s action and review of the standards, including their basis or adequacy. (c) The Administrator may not put commercial standards into a rule or specifically require or authorize their use without consulting the Attorney General and the Federal Trade Commission Chairman about competition, and neither recommends against doing so. (d) These rules do not apply to rules about the Administration’s procurement activities. (e) Within 90 days after July 21, 1977, the Administrator must issue rules setting guidelines for when and how Administration employees may officially participate in non-Federal organizations’ standards work. Participation may be allowed if in the public interest and related to this chapter, but such employees may never vote on a commercial-standard matter. (f) “Commercial standards” means material specifications; testing methods; adequate-performance or operation criteria; model codes; component classifications; procedures or definitions; measurements of quantity or quality for evaluating or referring to materials, products, systems, services, or practices; and similar rules, procedures, requirements, or standards made by a non-Federal organization. A revision by such an organization counts as promulgating the standard.