Page:United States Statutes at Large Volume 90 Part 1.djvu/600

 90 STAT. 550

Audit, access to books.

Reports.

Publication in Federal Register.

PUBLIC LAW 94-295—MAY 28, 1976 mitted by any person in connection with such development, including comments and information with respect to the need for such performance standards, and (iii) such other matters as may be relevant to the evaluation of such performance standards; "(D) provide that the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and other records, relevant to the expenditure of any funds contributed by the Secretary under paragraph (3); and " (E) require the submission of such periodic reports as the Secretary may require to disclose the course of the development of performance standards proposed for promulgation. "(5) If an offer is made pursuant to a notice published pursuant to subsection (c) and the Secretary does not accept such offer, he shall publish in the Federal Register notice of that fact together with the reasons therefor. "Development of Standard by Secretary After Publication of Subsection (c) Notice

Publication in Federal Register.

Publication in Federal Register.

Publication in Federal Register.

"(f) If the Secretary has published a notice pursuant to subsection (c) and— "(1) no person makes an offer or submits a standard pursuant to the notice; "(2) the Secretary has not accepted an existing performance standard under subsection (d) or accepted an offer to develop a proposed performance standard pursuant to the notice; or "(3) the Secretary has accepted an offer or offers to develop a proposed performance standard, but determines thereafter that— "(A) the offeror under each such offer is unwilling or unable to continue the development of the performance standard which was the subject of the offer or offers, or "(B) the performance standard which has been developed is not satisfactory, and publishes notice of that determination in the Federal Register together with his reasons therefor; then the Secretary may proceed to develop a proposed performance standard. The authority provided by this subsection is in addition to the authority provided by subsection (c)(4). The requirements described in subparagraphs (B) and (C) of subsection (e)(4) shall apply to the development of a standard by the Secretary under this subsection. "Establishment of a Standard " (g)(1)(A) After publication pursuant to subsection (c) of a notice respecting a performance standard for a device, the Secretary shall either— "(i) publish, in the Federal Register in a notice of proposed rulemaking, a proposed performance standard for the device (I) developed by an offeror under such notice and accepted by the Secretary, (II) developed under subsection (c)(4), ( III) accepted by the Secretary under subsection (d), or (IV) developed by him under subsection (f), or "(ii) issue a notice in the Federal Register that the proceeding is terminated together with the reasons for such termination.

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