§ 788. — Use of commercial standards.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC788]
TITLE 15--COMMERCE AND TRADE
CHAPTER 16B--FEDERAL ENERGY ADMINISTRATION
SUBCHAPTER I--FEDERAL ENERGY ADMINISTRATION
Sec. 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)
of this section 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
The Administrator shall not incorporate within any rule, nor
prescribe any rule specifically authorizing or requiring the use of, any
commercial standards unless he has consulted with the Attorney General
and the Chairman of the Federal Trade Commission concerning the impact
of such standards on competition and neither such individual recommends
against such incorporation or use.
(d) Rules relating to Administration procurement activities
The foregoing provisions of this section shall not apply with
respect to rules prescribed by the Administrator which relate to the
procurement activities of the Administration.
(e) Participation of Administration employees in organizations relating
to promulgation of commercial standards
Not later than 90 days after July 21, 1977, the Administrator shall
prescribe, by rule, guidelines or criteria which set forth the extent to
which, and the terms and conditions under which, employees of the
Administration may participate in their official capacity in the
activities of any organization (which is not a Federal entity) which
relate to the promulgation of commercial standards. Such guidelines and
criteria may allow for such participation if it is in the public
interest and relates to the purposes of this chapter, but in no event
may such employees who are participating in their official capacity be
allowed under such guidelines or criteria to vote on any matter relating
to 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, Sec. 32, as added Pub. L. 95-70, Sec. 9, July 21, 1977,
91 Stat. 278.)
Transfer of Functions
Federal Energy Administration terminated and functions vested by law
in Administrator thereof transferred to Secretary of Energy (unless
otherwise specifically provided) by sections 7151(a) and 7293 of Title
42, The Public Health and Welfare.
