Notes

Outline

"The Future of Standards Setting" The Future of Standards Setting, Legal, Marketplace and Consumer Implications September 16, 2004 George T. Willingmyre President GTW Associates

"The Business Implications of Standards" The Business Implications of Standards

"Standard" Standard Technical Regulation Standards –related measure Rule WTO TBT

19 USC Sec. 2571 (13) Standard The term ''standard'' means a document approved by a recognized body, that provides, for common and repeated use, rules, guidelines, or characteristics for products or related  processes and production methods, with which compliance is not mandatory. Such term may also include or deal exclusively with terminology, symbols, packaging, marking, or labeling requirements as they apply to a product, process, or production method.

19 USC Sec. 2571 (17) Technical regulation The term ''technical regulation'' means a document which lays down product characteristics or their related processes and production methods, including the applicable administrative provisions, with which compliance is mandatory. Such term may also include or deal exclusively with terminology, symbols, packaging, marking, or labeling requirements as they apply to a product, process, or production method.

"(14)" (14) Standards-related activity The term ''standards-related activity'' means the development,  adoption, or application of any standard, technical regulation,  or conformity assessment procedure.

"''rule'' means … designed to..." ''rule'' means … designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency ...

Slide 8

How WTO TBT applies to government setting of “Standards”  4.1 Members shall ensure that their central government standardizing bodies accept and comply with the Code of Good Practice for the Preparation, Adoption and Application of Standards…

The Code of Good Practice for the Preparation, Adoption and Application of Standards Have written procedures Publish a work plan Allow minimum of 60 days for public comment Take account of comments Consider international standards

Sec. 2532. Federal standards-related activities No Federal agency may engage in any standards-related activity that creates unnecessary obstacles to the foreign commerce of the United States, including, but not limited to, standards-related activities that violate any of the following requirements (1) Nondiscriminatory treatment  (2) Use of international standards  …  reasons for which the basing of a standard on an international standard may  not be appropriate include, but  are not limited to

Sec. 2532. Federal standards-related activities Applicable to both government setting of  “technical regulations” and to government setting of “voluntary standards” Well refined US administrative procedures apply in the case of “technical regulations” however government processes for setting “voluntary standards” may be less rigorous than those found in the conventional consensus standards community

"Technical Regulation = Rule =..." Technical Regulation = Rule = “mandatory” standard Standard = voluntary Standards related activity =  mandatory or voluntary standards setting

In the Matter of U.S. Inspection Services Nuclear Regulatory Commission FR Notice September 10, 2004 The results of this inspection indicated that the Licensee had not conducted its activities in full compliance with NRC requirements … The NRC has concluded that the violations occurred as stated and neither an adequate basis for a reduction of the severity level nor for recission or mitigation of the civil penalty was provided by the Licensee. Consequently, the proposed civil penalty in the amount of $19,200 should be imposed.

Research and Special Programs Administration (RSPA), DOT FR notice September 1, 2004 RSPA believes that New England Ski and Scuba marked and certified an undetermined number of high-pressure DOT specification and exemption cylinders as properly tested in accordance with the Hazardous Materials Regulations (HMR), when the cylinders were not hydrostatically retested, or when the cylinders were improperly tested and inspected.

DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy FR Notice August 27, 2004 Notice is given of the Decision and Order (Case No. CAC-008) granting a Waiver to Mitsubishi Electric and Electronics USA, Inc. (MEUS) from the existing Department of Energy (DOE or Department) commercial package air conditioner and heat pump test procedure for its City Multi products.

NUCLEAR REGULATORY COMMISSION FR Notice September 9. 2004 The NRC has issued for comment draft Regulatory Guide DG-1138, which is a preliminary draft of the staff's regulatory position on ANSI/ANS 58.21-2003, ``External Events PRA Methodology Standard.

Test Procedures for Testing Highway and Nonroad Engines  Proposed Rule EPPA FR Notice September 10, 2004 This proposed regulation aims to revise and harmonize test procedures from the various EPA programs for controlling engine emissions … new content that we are proposing for part 1065 is mostly a combination of content from our most recent updates to other test procedures and from test procedures specified by the International Organization for Standardization (ISO).

Standards on the Horizon Quality Management — Customer Satisfaction — Guidelines for Codes of Conduct Quality Management — Customer Satisfaction — Guidelines for Disputes Resolution Quality Management — Customer Satisfaction — Guidelines for Complaints Handling NEW WORK ITEM PROPOSED BY COPOLCO – STANDARDIZATION OF INFORMATION ON FINANCIAL SERVICES International Standard for social responsibility

Standards on the Horizon ISO/AWI 10001 Title: Quality management Customer satisfaction -- Guidelines for codes of conduct

Standards on the Horizon ISO/FDIS 10002Title: Quality management -- Customer satisfaction -- Guidelines for complaints handling in organizations.

Standards on the Horizon ISO/AWI 10003 Title: Quality management -- Customer satisfaction -- Guidelines for external customer disputes resolution     guidance for establishing, implementing, maintaining, and communicating external disputes resolution processes and for selecting satisfactory disputes resolution processes. Such processes give customers an avenue of redress when organizations offering and selling products do not remedy a complaint internally regarding its products, and thereby enhance customer satisfaction.

Standards on the Horizon NEW WORK ITEM PROPOSED BY COPOLCO – STANDARDIZATION OF INFORMATION ON FINANCIAL SERVICES intended to propose an International Standard or set of International Standards to establish a structure, order and format of consumer information related to certain particularly relevant financial services, in the form of information templates.

Standards on the Horizon ISO is to develop an International Standard for social responsibility. The objective is to produce "a guidance document, written in plain language which is understandable and usable by non-specialists" and not intended for use in certification.