Page:United States Statutes at Large Volume 91.djvu/312

 91 STAT. 278

PUBLIC LAW 95-70—JULY 21, 1977 under the direct supervision and control of the General Counsel of the Administration.". USE OF COMMERCIAL

STANDARDS

SEC. 9. Part A of the Federal Energy Administration Act of 1974 (15 U.S.C. 761 et seq.) is amended by adding at the end thereof the following new section: "USE

Proposed rules.

15 USC 788.

Hearings or meetings.

Information, availability to public.

Consultation.

Guidelines and criteria.

or

COMMERCIAL STANDARDS

"SEC. 32. (a) 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) in the promulgation of such standards. "(b) 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) 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) 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) Not later than 90 days after the date of the enactment of this section, 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 stand-

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