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(ii) If 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 standard recommended by not less than 90 percent of the members of the committee eligible to vote and found acceptable by the Department, will 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 shall be distributed to those filing written requests.

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§ 10.11

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.

§ 10.12 Withdrawal of a published standard.

(a) Any standard published under these or any previous procedures may be withdrawn by the Department at any time. Such action will be taken, if, after consultation with the Standing Committee as provided in paragraph (b) of this section, and after public notice, the Department determines that the standard is obsolete, technically inadequate, no longer generally acceptable to and used by the industry, inconsistent with law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.

(b) Before withdrawing a published standard, the Department 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 within the previous 5 years.

(c) Public notice of intent to withdraw an existing standard will be given and a 30-day period will be provided for the filing of written objections to the withdrawal. Such objections to the withdrawal will be considered and analyzed by the Department before a final decision is made to withdraw the standard. The Department will give public notice of the withdrawal of an existing standard not less than 60 days prior to the effective date of such withdrawal.

(d) Withdrawal will terminate the authority to refer to the published standard as a voluntary standard developed under Department procedures, from the effective date of the withdrawal.

§ 10.13

Effect of procedures.

Nothing contained in these procedures shall be deemed to apply to the development, publication, revision, amendment, or withdrawal of any standard which is not identified as a "Voluntary Product Standard" by the Department. The authority of the Department with respect to engineering standards activities generally, including the authority to publish appropriate recommendations not identified as "Voluntary Product Standards," is not limited in any way by these procedures.

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SOURCE: The provisions of this Part 11 appear at 33 F.R. 17105, Nov. 16, 1968, unless otherwise noted.

§ 11.1

Definitions.

For the purposes of this part

(a) "Person subject to the jurisdiction of the United States" includes

(1) Any person, wherever located, who is a citizen or resident of the United States;

(2) Any partnership, association, corporation, or other organization organized under the laws of, or having its principal place of business in, the United States or any State or possession, Puerto Rico, the District of Columbia, the Virgin Islands, or the Canal Zone; and

any asbestos, iron ore, chrome, pig iron, sugar, tobacco, copper, meat, and meat products, and hides, skins, and leather originating in Southern Rhodesia and exported therefrom after December 16, 1966 (including ferrochrome produced elsewhere from chrome ore or concentrates originating in Southern Rhodesia and exported therefrom after Dec. 16, 1966) unless a license under the Rhodesian Sanctions Regulations issued by the Office of Foreign Assets Control, Department of the Treasury has been obtained.

66-032-72——-5

(c) The prohibitions of this order apply to the owner, lessee, charterer or operator of such ship and to any officer, employee or agent of such owner, lessee, charterer or operator who participates in such prohibited carriage.

§ 11.3 Application for adjustment or ex

(3) Any partnership, association, corporation, or other organization organized under the laws of, or having its principal place of business in, Southern Rhodesia, which is owned or controlled by any persons described in subparagraph (1) or (2) of this paragraph.

(b) "Person" includes an individual, partnership, association, corporation, or other organization.

§ 11.2 Prohibited transportation and discharge.

Reports.

(a) No person may carry on any ship documented under the laws of the United States or under charter to any person subject to the jurisdiction of the United States any commodity or product if he knows or has reason to believe that said commodity or product is destined directly or indirectly to any person or body in Southern Rhodesia, or to any person or body for the purposes of any business carried on in or operated from Southern Rhodesia and no person may discharge from any such ship any commodity or product at any port or place in transit to Southern Rhodesia unless there is in force a license for the shipment of such commodity or product under the Export Control Act of 1949, as amended or under the Rhodesian Sanctions Regulations issued by the Office of Foreign Assets Control, Department of the Treasury or under section 414 of the Mutual Security Act of 1954, as amended.

Persons subject to this Part 11 shall submit such reports to the Assistant Secretary of Commerce for Domestic and International Business as he shall require, subject to the terms of the Federal Reports Act.

§ 11.5

Records.

(b) No person may carry on any ship documented under the laws of the United States or under charter to any person subject to the jurisdiction of the United States any commodity or product originating in Southern Rhodesia and exported therefrom after May 29, 1968, nor

Each person participating in any transaction covered by this part shall retain in his possession, for at least 2 years, records of shipments in sufficient detail to permit an audit that determines for each transaction that the provisions of this Part 11 have been met. This does not specify any particular accounting method and does not require alteration of the system of records customarily maintained, provided such records supply an adequate basis for audit. Records may be retained in the form of microfilm or

ceptions.

Any person affected by any provisions of this Part 11 may file an application for an adjustment or exception upon the ground that such provision works an exceptional hardship upon him arising from transactions commenced before the date of the issuance of Executive Order 11419 (July 29, 1968). Such an application may be made by letter or telegram addressed to the Assistant Secretary of Commerce for Domestic and International Business, Washington, D.C. 20230, reference 15 CFR Part 11. Any such application should specify in detail the facts which support the applicant's claim for an exception or adjustment.

§ 11.4

other photographic copies instead of the originals.

§ 11.6

Violations.

(a) Attention is directed to section 5(b) of the United Nations Participation Act of 1945 (22 U.S.C. sec. 287c), which provides in part:

Any person who willfully violates or evades or attempts to violate or evade any order, rule, or regulation issued by the President pursuant to subsection (a) of this section shall, upon conviction be fined not more than $10,000, or, if a natural person, be imprisoned for not more than 10 years, or both; and the officer, director, or agent of any corporation who knowingly participates in such violation or evasion shall be punished by a like fine, imprisonment, or both, and any property, funds, securities, papers, or other articles or documents, or any vessel, together with her tackle, apparel, furniture, and equipment, or vehicle, or aircraft, concerned in such violation shall be forfeited to the United States (Dec. 20, 1945, ch. 583, sec. 5, 59 Stat. 620; Oct. 10, 1949, ch. 660, sec. 3, 63 Stat. 735). This section of the United Nations Participation Act of 1945 is applicable to violations of any provisions of this part and to violations of the provisions of any license, ruling, regulations, order, direction or instruction issued pursuant to this part or otherwise under section 5 of the United Nations Participation Act, Executive Order 11322, and Executive Order 11419.

(b) Attention is also directed to 18 U.S.C. 1001 which provides:

Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fradulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than 5 years, or both.

PART 12-FAIR PACKAGING AND

LABELING

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SOURCE: The provisions of this Part 12 appear at 32 F.R. 11074, July 29, 1967, unless otherwise noted.

Introduction.

§ 12.1

(a) These procedures apply to the discharge of the responsibility given to the Secretary of Commerce by sections 5(d) and 5(e) of the Fair Packaging and Labeling Act (Public Law 89-755, 80 Stat. 1299), hereinafter called the "Act". The word "Secretary", as used hereinafter, shall refer to the Secretary of Commerce or his authorized delegate.

(b) The Secretary does not have the responsibility or the authority under the Act to issue any regulations governing the packaging or labeling practices of private industry.

(c) The Secretary does have the responsibility and authority to:

(1) Determine whether the reasonable ability of consumers to make value comparisons with respect to any consumer commodity or reasonably comparable consumer commodities is impaired by undue proliferation of the weights, measures, or quantities in which such commodity or commodities are being distributed in packages for sale at retail.

(2) Request manufacturers, packers, and distributors, where a determination of undue proliferation has been made, to participate in the development of a voluntary product standard under the procedures governing the Department's voluntary standards program.

(3) Report to Congress with a recommendation as to whether legislation providing regulatory authority should be enacted, when after 1 year following the date private industry has been requested to participate in the development of a voluntary product standard it is determined that such a standard will not be published, or when following the publication of such a standard it is determined that the standard has not been observed.

(d) The Act does not furnish a detailed, definitive explanation of "undue proliferation". It does, however, point out that the condition of "undue proliferation" must be one which "impairs the reasonable ability of consumers to make value comparisons" with respect to consumer commodities. Generally, therefore, the Department will determine "undue proliferation" on a case-by-case basis, and, accordingly, is establishing by these procedures an orderly process for such determinations.

(e) As used hereinafter the term "undue proliferation" shall refer to such

undue proliferation-of the weights, measures or quantities in which any consumer commodity or reasonably comparable consumer commodities are being distributed for sale at retail-as impairs the reasonable ability of consumers to make value comparisons with respect to such consumer commodity or commodities, as set out in section 5(d) of the Act. § 12.2 Undue proliferation.

(a) Information as to possible undue proliferation. Any person or group, including a State or local governmental entity, is invited to communicate information to the Secretary concerning the possible existence of undue proliferation. Such communications should be in writing and include supporting information and explanations.

(b) Initiation of inquiry as to undue proliferation. Upon receipt of information regarding the possible existence of undue proliferation, the Secretary will determine whether there has been a showing of good cause warranting an inquiry. If the Secretary determines that good cause exists, he shall initiate an inquiry for the purpose of finding facts concerning the existence of undue proliferation.

(c) Procedures for Inquiry—(1) Cooperation with State and local officials. Any inquiry initiated under paragraph (b) of this section may be conducted in cooperation with State and local weights and measures officials.

(2) Participation by interested persons. The Secretary may, during the course of the inquiry, afford interested persons or groups an opportunity to submit in writing comments, data, arguments, views, or other information relevant to the inquiry.

(d) Proposed determination as to existence of undue proliferation. (1) If, after consideration of all relevant information, the Secretary concludes that undue proliferation appears to exist, he shall publish a proposed determination to this effect. The proposed determination shall identify the particular consumer commodity or commodities involved and shall be accompanied by a concise statement of the facts upon which it is based.

(2) Within 60 days after publication of the proposed determination, any interested party may submit in writing comments, data, arguments, views, or other information relevant to the proposed determination. All written sub

missions shall be made a part of the public record.

(3) Within 30 days after the proposed determination has been published, any interested party may request in writing an oral hearing to present his views. The granting of such a hearing shall be at the discretion of the Secretary. Any such hearing shall be public and notice thereof shall be published at least 15 days in advance. A transcript of the hearing. shall be made part of the public record.

(e) Final determination as to undue proliferation. As soon as practicable following the conclusion of the proceedings described in paragraph (d) of this section, the Secretary shall either publish a final determination of undue proliferation, or he shall publish a notice withdrawing his proposed determination of undue proliferation. In no event shall the withdrawal of a proposed determination operate to preclude the initiation of another inquiry regarding the same or similar subject matter under paragraph (b) of this section.

§ 12.3 Development of voluntary product standards.

(a) Invitation to participate in the development of a voluntary product standard. Whenever the Secretary publishes a final determination of undue proliferation under § 12.2 (e), he shall invite manufacturers, packers, and distributors of the commodity or commodities involved to participate in the development of a voluntary product standard in accordance with the terms of the Act and the Department's published procedures for voluntary product standards. The term "Voluntary Product Standard" as used in this section means a standard for weights, measures or quantities in which the commodity or commodities are being distributed in packages for sale at retail.

(b) Determination that voluntary product standard will not be published. (1) If a voluntary product standard has not been developed within one year from the date on which participation was invited, the Secretary may conclude that a voluntary product standard will not likely be published. Upon reaching such a conclusion, the Secretary will publish a proposed determination that a voluntary product standard will not be published.

(2) Within 60 days after publication of the proposed determination, any interested party may submit in writing

comments, data, arguments, views, or other information relevant to the proposed determination. All written submissions shall be made a part of the public record.

(3) Within 30 days after the proposed determination has been published, any interested party may request in writing an oral hearing to present his views. The granting of such a hearing shall be at the discretion of the Secretary. Any such hearing shall be public and notice thereof shall be published at least 15 days in advance. A transcript of the hearing shall be made part of the public record.

(4) As soon as practicable following the conclusion of the proceedings described in subparagraphs (2) and (3) of this paragraph, the Secretary shall either publish a final determination that a voluntary product standard will not be published, or he shall publish a notice withdrawing his proposed determination under subparagraph (1) of this paragraph. In no event shall the withdrawal of a proposed determination operate to preclude the publication of another proposed determination under subparagraph (1) of this paragraph with respect to the same or similar subject matter.

(c) Determination that a published voluntary product standard has not been observed. (1) Whenever the Secretary has reason to believe that a voluntary product standard published under these procedures is not being observed he shall initiate an inquiry to determine such fact.

(2) If, on the basis of the information developed during the inquiry, the Secretary concludes that the voluntary product standard is not being observed, he shall publish a proposed determination to this effect. The proposed determination shall identify the particular standard involved and shall be accompanied by a concise statement of the facts upon which it is based.

(3) Within 60 days after publication of the proposed determination, any interested party may submit in writing comments, data, arguments, views, or other information relevant to the proposed determination. All written submissions shall be made a part of the public record.

(4) Within 30 days after the proposed determination has been published, any interested party may request in writing an oral hearing to present his views. The granting of such a hearing shall be at the discretion of the Secretary. Any such hearing shall be public and notice thereof

shall be published at least 15 days in advance. A transcript of the hearing shall be made part of the public record.

(5) As soon as practicable following the conclusion of the proceedings described in subparagraphs (3) and (4) of this paragraph, and upon consideration of all relevant information, the Secretary shall either publish a final determination that the voluntary product standard is not being observed, or he shall publish a notice withdrawing his proposed determination under subparagraph (2) of this paragraph. In no event shall the withdrawal of a proposed determination operate to preclude the initiation of another inquiry regarding the same standard under subparagraph (1) of this paragraph.

§ 12.4

Report to the Congress.

Whenever the Secretary publishes a final determination under § 12.3 (b) (4) or 12.3(c) (5), he shall promptly report such determination to the Congress with a statement of the efforts that have been made under the voluntary standards program and his recommendation as to whether Congress should enact legislation providing regulatory authority to deal with the situation in question.

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