Document ygEa2pOEzzbgMzxJkKnk1YE3

Federal Register / Vol. 51, No. 119 / Friday, June 20, 1986 / Rules and Regulations Z--Miawn--I--Mimi --B-- 22499 Standing Committee. Funds may also be provided by a government agency at the request of a proponent organization or when acting on its own behalf for the development or maintenance of a Voluntary Product Standard. Proponents of standards that meet sponsorship criteria established in these procedures shall furnish' an initial deposit of funds sufficient to cover the first year's services and other costs. Estimated annual costs will be based on an hourly rate for salary and overhead established by the Department for the National Bureau of Standards' administrative and technical support services plus estimates of direct costs to provide funds for such items as the travel of consumer representatives unable to otherwise attend committee meetings, travel for Department staff, and printing costs. Project funds will be reviewed annually. Excess funds may be refunded or applied to the next accounting period. Should funds from depbsits be inadequate during an accounting period, work on the project will continue only if funds are restored to a level estimated adequate to complete the 12-month period. 10.3 Development of a proposed standard. () A proposed standard as submitted to the Department: (1) Shall be based on adequate technical information, or, in the case of size standards (including standards covering the quantities for packaged consumer commodities], on adequate marketing information, or both, as determined to be appropriate by the Department: (2) Shall not be contrary to the public interest; (3) Shall be. technically appropriate and such that conformance or nonconformance with the standard can be determined either during or after the manufacturing process by inspection or other procedures'which may be utilized by either an individual or a testing facility competent in the particular field; (4) Shall follow the format prescribed by the National Bureau of Standards. (Copies of the recommended format may be obtained from the Office of Product Standards Policy. National Bureau of Standards, Gaithersburg, Maryland 20899.); (5) Shall include performance requirements if such are deemed by the Department to be technically sound, feasible, and practical, and the inclusion of such is deemed to be appropriate; () May include dimensions, sizes, material specifications, product requirements, design stipulations, component requirements, test methods. testing equipment descriptions, and Department, project funds under 10.2 installation procedures. The may be made available to assure appropriateness of the inclusion in a participation by consumer interests on standard of any particular item listed in the committee at required meetings. this subparagraph shall be determined (b) A Standard Review Committee by the Department; and (7] Shall be accompanied by rational statements pertaining to the requirements and test methods contained in the standard, if deemed necessary by the Department. (b) A proposed standard that is determined by the Department to meet the criteria set forth in paragraph (a) of this section may be subjected to further review by an appropriate individual, committee, organization, or agency (either government or nongovernment, but not associated with the proponent group). (c) A proposed standard may be circulated by the Department to appropriate producers, distributors, users, consumers, and other interested groups for consideration and comment as well as to others requesting the opportunity to comment. (d) The proponent group or may remain in existence for a period necessary for the final development of the standard, or for 2 years, whichever is less. (c) The Department shall be responsible for the organization of the committee. Any formal operating procedures developed by the committee shall be subject to approval by the Department. The committee may conduct business either in a meeting or through correspondence, but only if a quorum participates. A quorum shall consist of two-thirds of all voting members of the committee. A majority of the voting members of the committee participating shall be required to approve any actions taken by the committee except for the action of recommending a standard to the Department, the requirements for which are contained in 10.5(b). appropriate committee which drafted 10.5 Development ot a recommended the initial proposal under $ 10.1(d) shall standard. consider all comments and suggestions submitted by the reviewer designated under paragraph (b) of this section, and those received by the Department as a result of any circulation under paragraph (c) of this section, and may make such adjustments in the proposal as are technically sound and as are believed to cause the standard to be generally acceptable to producers, distributors, users, consumers, and other interested parties. The proposal will then be submitted to the Department forfurther processing. (a) The Standard Review Committee, with the guidance and assistance of the Department and, if appropriate, the reviewer designated under 10.3(b). shall review a proposed standard promptly. If the committee finds that the proposal meets the requirements set forth in 10.3(a). it may recommend to the Department that the proposal be circulated for acceptance under 10.6. If, however, the committee finds that the proposal being reviewed does not meet the requirements set forth in 10.3(a), the committee shall change the proposal, 5 10.4 Establishment ot the Standard Review Committee. after consulting with the proponent group, so that these requirements are (a) The Department shall establish met, before recommending such and appoint the members of a Standard proposal to the Department. Review Committee within a reasonable (b) The recommendation of a standard time after receiving a proposed by the Standard Review Committee standard. The committee shall consist of shall be approved by at least three- qualified representatives of producers, quarters, or rejected by more than one- distributors, and users or consumers of . quarter, of all of the members of the product for which a standard is sought committee eligible to vote. The voting on or any other appropriate general interest the recommendation of a standard shall groups such as State and Federal be conducted by the Department if agencies. When requested by the conducted by letter ballot. If such voting Standard Review Committee, the is accomplished at a meeting of the Department shall appoint one voting committee, the balloting shall be either member from among the representatives by roll call or by signed written ballot of the Federal agencies, other than the conducted by the Department or the Department of Commerce. All other chairman of this committee. If representatives of Federal agencies on conducted by the chairman, a report of the Standard Review Committees shall the vote shall be made to the be advisory nonvoting members. Department within 15 days. If the . (Alternates to committee members may balloting at the meeting does not result be designated by the Department.) in either approval by at least three- When deemed appropriate by the quarters of all members (or alternates) GLEASON-000764