Document 8VeXw5kv8e6DgRrxG8518apV5

22502 Federal Register / Vol. 51, No. 119 / Friday, June 20, 1986 / Rules and Regulations against the interest of users, consumers, or the public in general. (b) A revision of a standard shall be considered by the Department to include changes which are comprehensive in nature, which have a substantive effect on the standards, which change the level of performance or safety or the design characteristics of the product being standardized, or which cannot reasonably be injected into a standard without disturbing the general applicability of the standard. Each suggestion for revision shall be submitted by the Department to the ' Standing Committee for appropriate consideration: The Standing Committee. shall serve the same functions in the revision of a standard as the Standard Review Committee serves in the development of a new standard. The processing of a revision of a slundard shall be dependent upon the age of the standard as computed from its effective date and shall be accomplished as follows: (1) A proposed revision of a standard older than 5 years at the time such proposed revision is submitted to the Standing Committee by the Department shall be processed as a new standard under these procedures and, when approved for publication, the standard shall be republished and reidentified to indicate the year in.which the revision became effective. The revised standard shall supersede the previously published standard. (2) A proposed revision of a standard less than 5 years, at the time such proposed revision is submitted to the Standing Committee by the Department. shall be processed as a new standard except that: (i) Distribution for acceptance or rejection shall be made to an appropriate list of producers, distributors, and users and consumers compiled by the Department; (ii) Tf the revision affects only one subsection of the requirement section and/or only one subsection of the test methods section, it may be circulated separately for determining consensus and subsequently published as an addendum to the standard with appropriate dissemination and public notice of the addendum; and (iii) If the revision does not change the level of performance or safety or the design characteristics of the product being standardized, the standard need not be reidentified. (c) An amendment to a standard shall be considered by the Department to be any non-editorial change which is not comprehensive in nature, which has no substantive effect on the standard, which does not change the level of performance or safety or the design characteristics of the product being standardized, and which reasonably can be injected into a standard without disturbing the general applicability of the standard. Each suggestion for amendment shall be submitted by the Department to the Standing Committee for appropriate consideration. An amendment to a standard recommended by not less than 90 percent of the members of the committee eligible to vote and found acceptable by the Department, shall be published as an addendum (until the standard is republished) and distributed to acceptors of record. Public notice of the amendment shall be given and copies of the amendment Bhall be distributed to those filing written requests. to. 12 Editorial changes. The Department may. without prior notice, make such editorial or other minor changes as it deems necessary to reduce ambiguity or to improve clarity in any proposed, recommended, or published standard, or revision or amendment thereof. 10.13 Withdrawal ol a published standard. (a) Standards published under these and previous procedures may be withdrawn by the Director of the National Bureau of Standards at any time. Such action will be taken If, after consultation with the Standing Committee as provided in paragraph (a)(1) of this section and after public notice, the Director determines that the standard is: Obsolete; technically inadequate; no longer generally acceptable to and used by the industry; inconsistent with law or established public policy; not in the public interest; or otherwise inappropriate; and revision or amendment is not feasible or would serve no useful purpose. Additionally, a standard may be withdrawn if it cannot be demonstrated that a particular standard has substantial public impact, that it does not duplicate a standard published by a private standards-writing organization, or that lack of government sponsorship would result in significant public disadvantage for legal reasons or for reasons of domestic arid international trade. The Director may withdraw a standard if costs to maintain such a standard are not reimbursed by the proponent or other government agencies. (1) Before withdrawing a standard published under these procedures, the Director will review the relative advantages and disadvantages of amendment, revision, development of a new standard, or withdrawal with the members of the Standing Committee, if such committee was appointed or reappointed within the previous five years. (2) Public notice of intent to withdraw an existing standard published under these procedures shall be given and a 30-day period will be provided for the filing with the Director or written objections to the withdrawal. Such objections will be considered and analyzed by the Director before a determination is made to withdraw the standard. If the Director determines that a particular standard does not meet the criteria set out in 10.0(b). the standard will be withdrawn. (b) The filing under paragraph (a) of this section of a request to retain a standard or standards shall operate to stay the withdrawal of such standard or standards until the Director's determination has been made. If the Director determines that the requested standard or standards shall be withdrawn, the stay will remain in effect, if an appeal is filed in accordance with the requirements of 10.14, until the decision of the Director is announced in the Federal Register. If, however, no appeal is received, the Director shall announce withdrawal of the particular standard or. standards. (c) Notice of the withdrawal action will be published in the Federal Register and such withdrawal will take effect 60 days from the date the withdrawal notice is published. 10.14 Appeals. (a) Any person directly affected by a procedural action taken by NBS or die Standard Review Committee under 10.5,10.6 or 10.7 regarding the development of a standard, by NBS or the Standing Committee under 8 10.10 regarding the review of a published standard, or under 8 10.11 regarding the revision of a standard, or under $ 10.13 regarding the withdrawal of a standard, may appeal such action: (b) Such appeal shall be filed in written form with the body taking the action complained of (NBS, the Standard Review Committee, or the Standing Committee) within 30 days after the date of announcement of the action. (c) If appeal is Tiled with the Standard Review Committee or the Standing Committee, the Committee shall attempt to resolve the appeal informally. If the appeal is filed with NBS, NBS with the consultation and advice of the Standard Review Committee or the Standing Committee, whichever is appropriate, shall attempt to resolve the appeal informally. GLEASON-000767