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r american national stan ards institute, inc. 1430 broadway, new york, n.y. 10018 (212) 354-3300 AMERICAN NATIONAL STANDARDS INSTITUTE OPERATING PROCEDURES OF THE BOARD OF STANDARDS REVIEW Approved by ANSI Board of Directors September 6, 1979 Revised to Include Subsequent Modifications to BSR8.1 and BSR8.8 on Appeals Approved March 19, 1980 r ~

r -1- BOARD OF STANDARDS REVIEW BSR1. Responsibilities of the Board of Standards Review BSR1.1 The authority for the establishment of a Board of Standards Review is granted in Article C8 of the Constitution of the American National Standards Institute (hereinafter referred to as the Institute). The responsibilities and authority of the Board of Standards Review are described in B7.7 of the Bylaws of the Institute. BSR2. Membership BSR2.1 The Board of Standards Review shall be composed of not less than nine nor more than eighteen members appointed by the president of the Institute, with the approval of the Board of Directors. Appointments shall be made by October 1 of the year preceding the beginning of the appointee's term (Bylaws, B7.7.2). The members of the Board of Standards Review shall serve as individuals, not as members or representatives of any organization. Their competence and ability to render impartial judgment in the approval or withdrawal of American National Standards shall be the major criteria for appointment. BSR2.2 Term of Membership. The term of membership shall be for three years. Members may serve for a maximum of three consecutive full terms. BSR2.3 Vacancies. Vacancies in the membership of the Board of Standards Review shall be filled for the remainder of the term by the president of the Institute, with the approval of the Board of Directors. BSR2.4 Officers. The officers of the Board of Standards Review shall be a Chairman and a Vice-Chairman who shall each serve for a term of one calendar year or until a successor takes office. Each officer shall be eligible for re- election except that he may serve not more than three consecutive terms. In the event of the disability or failure of,the Chairman to perform his duties for any cause, the Vice-Chairman shall act in his stead. A nonvoting Secretary shall be appointed by the Chief Staff Executive of the Institute. BSR2.5 Election of Officers. The Chairman of the Board of Standards Review shall appoint, before September 1 of each year, a nominating committee of not less than three persons from among the members of the Board. This committee shall nominate, on or before October 15 of the same year, candidates for the following year to serve as Chairman and Vice-Chairman of the Board. The Secretary of the Board of Standards Review shall forward, by November 1 of the same year, to the members of the Board of Standards Review, a ballot containing the names of those nominated. Those receiving a plurality of the votes cast by December 15 shall be declared elected.

C -2- BSR3. Meetings BSR3.1 The Board of Standards Review shall meet at such times as may be determined by the Chairman, based on the need for holding such meetings. BSR4. Approval and Withdrawal of American National Standards (see ANSI Procedures, 7.1-7.3) BSR4.1 General. The Institute Bylaws, B7.7.1, states "Approval of standards as American National Standards is delegated to the Board of Standards Review by the Board of Directors." The types of'action to be taken by the Board of Standards Review shall be approval of (1) Proposed new American National Standards (2) Proposed revisions of American National Standards (3) Reaffirmation of American National Standards (4) Withdrawal of American National Standards BSR4.1.1 Criteria for Approval (see ANSI Procedures, 7.2). The approval of a standard by the Institute implies a consensus which is defined as: Substantial agreement reache&by concerned interests according to the judgment of a duly appointed authority. Note 1: Consensus implies that all dissenting viewpoints have been considered, and that an objective effort has been made toward their resolution. Note 2: Substantial agreement means much more than simple majority but not necessarily unanimity. Note 3: The duly appointe&authority is the Board of Standards Review. In addition to the determination of consensus the following criteria shall have been considered: (1) All substantially concerned parties shall have had an opportunity to express their views and an objective effort shall have been made to resolve dissenting viewpoints. (2) There shall be evidence of national use or potential national use of a proposed American National Standard. (3) Before a proposed American National Standard is approved, any recognized significant conflict with another American National Standard shall have been resolved. C W (4) Due consideration shall have been given to the existence of other W, standards having national or international acceptance in the given field. C!t r, ,l) (5) There is no evidence that the proposed American National Standard Ot . is contrary to the public interest. t y

- 3- (6) There is no evidence that the proposed American National Standard contains unfair provisions. (7) There is no evidence of technical inadequacy of the proposed American National Standard. (8) There shall be evidence of compliance with the procedures of the Institute. BSR4.1.2 Criteria for Withdrawal. Withdrawal of an American National Standard shall be based on lack of consensus for continued approval. Also, the Board of Standards Review, at any time, may withdraw approval of an American National Standard upon (a) advice of counsel, based on evidence of a legal nature; or (b) consideration of facts which have subsequently come to the attention of the Board which affect consensus or compliance with ANSI procedures. BSR4.2 Voting Requirements. Actions on standards shall require an affirmative vote of not less than 2/3 of the entire Board. When a Board vote is taken on a standard with which a Board member is associated in such a way as to introduce the possibility of conflict of interest, the member shall abstain from voting and the abstention shall be so noted. When one or more conflict of interest abstentions are declared, the number of members comprising the entire Board shall, for purposes of the vote, be reduced by the number of such abstentions. Any Board member may request that letter ballot action on a standard be suspended pending discussion at a Board meeting. A quorum at a meeting shall consist of the presence of a majority of the members (Bylaws, B7.7.5). Unless otherwise specified, actions of the Board which do not involve approval of standards shall require an affirmative vote of (a) a majority of those voting at a meeting, or (b) a majority of those voting by letter ballot. BSR5. Public Review Process for Proposed~New American National Standards, Proposed Revisions of American National Standards, and Proposed Reaffirmations of American National Standards (for WithdrawaLs, see BS R7 ) BSR5.1 Public review is required~of all proposed American National Standards by means of the appropriate official publication of the Znstitute. The submitter shall indicate whether the review is to be concurrent* or nonconcurrent. The Institute staff shall complete the following steps within 20 working days after the receipt of the request: (1) Assign a proposed new standard to the appropriate standards management board or, when no appropriate standards management board exists, to the Executive Standards Council. (2) Refer proposals which directly affect the consumer to the Standards Screening and Review Committee of the Consumer Council. 03'735~.2, 9 *Review is concurrent when a proposal is listed for public review by the Institute at the same time that the subznitter is developing evidence of consensus. i

-4- (3) Refer requests for public review to the Institute's Communications Department for publication in the appropriate official publication of the Institute. The request shall include the title of the standard, a description of its contents, the name and address of the submitter, and the comment period as determined in accordance with BSR5.2. BSR5.2 The period of time for review and comment on a proposal shall be 60 days from the publication date of the appropriate official publication of the Institute, or for other periods of time as determined by the Board of Standards Review. If, after announcement, the submitter delays furnishing a copy of a proposal to anyone who wishes to review it, an appropriate extension of the original comment period shall be made. BSR5.3 Commentors shall mail their comments to the submitter, with copy to the Board of Standards Review. The submitter shall make a objective effort to resolve dissenting viewpoints and shall respond to all negative or adverse comments within 3 months from the close of the comment period (6 months if concurrent review). The submitter shall also inform commentors that if they believe their objections have not been answered satisfactorily, they should so notify the Chairman of the Board of Standards Review within 15 working days from the date of response by the submitter stating their reasons for continued objection. The submitter shall send a copy of the response to the Board Chairman. Failure by the submitter to consider and respond to comments within 3 months from the close of the comment period (6 months if concurrent review) shall result in automatic removal of the proposal from further consideration by the Institute, unless an extension is requested from the Board of Standards Review in writing stating the reasons for delay and indicating a proposed time schedule for action. If substantive modifications are made in a proposal another public review shall be required (BSR5.2). BSR6. Submittal Process for Proposed New American National Standards, Proposed Revisions of American National Standards, and Proposed Reaffirmations of American National Standards (for Withdrawals, see BSR7) BSR6.1 No Negative or Adverse Comments. A formal submittal of a proposal must be made to the Institute within 3 months from the close of the comment period (6 months if concurrent review). Failure to make the submittal within the time specifie&shall result in automatic removal of the proposal from further consideration by the Institute, unless an extension is requested from the Board of Standards Review in writing stating the reasons for delay and indicating a proposed time schedule for action. , ;

C -5- BSR 6.2 Negative or Adverse Comments. At the close of the comment period, the submitter shall advise the Institute of the approximate date on which a formal submittal of a proposal will be made. Failure to make the submittal within 3 months from the close of the comment period (6 months if concurrent review) shall result in automatic removal of the proposal from further consideration~by the Institute, unless an extension is requested from the B'oard of Standards Review in writing stating the reasons for delay and indicating a proposed time schedule for action. BSR 6.3 When a proposal is formally submitted to the Institute for approval, the Institute staff shall complete the following steps: (1) Within 20 working days after receipt of the submittal, determine evidence of compliance with BSR4.1.1 has been provided. that (2) If evidence of compliance with BSR4.1.1 has not been provided, request that the submitter provide the necessary information with 15 working days. BSR6.4 Upon completion of BSR6.1 through BSR6.3, the proposal shall be referred to the Board of Standards Review for action on its approval. BSR6.5 The Board of Standards Review shall consider the evidence furnished indicating consensus and compliance with the requirements of the Institute (BSR4.1.1, BSR5.1, BSR5.2, and BSR5.3). If necessary, the Board of Standards Review may seek the advice of the cognizant standards management board or may ask the Executive Standards Council to establish an ad hoc committee to hear divergent views and recommend action to the Board. ' BSR6.6 Notification of Approval. When a proposal is approved by the Board of Standards Review, the Institute staff shall notify (a) the submitter, (b) those on record at the Institute who have objected to approval, and (c) the Chairman and Secretary of the cognizant standards management board. Notice of action on approval shall also be published in the appropriate official publication of the Institute, and the standard shall be listed in the Catalog of American National Standards. BSR6.7 Notification of Denial of Approval. When approval of a proposal is denied by the Board of Standards Review, the Institute staff shall notify (a) the submitter and (b) the Chairman and Secretary of the cognizant standards management board, giving the reasons for denial. Notice that the proposal was not approved shall also be published in the appropriate official publication of the Institute. BSR6.8 Appeal of Action. Action by the Board of Standards Review (BSR6.6 and BSR6.7) may be appealed in accordance with the procedures for appeal in BSR8. C BSR7. Withdrawal of American National Standards (J . ~ BSR7.1 Withdrawal of an American National Standard may be initiated by a CJ C!1 standards management board or by any party having substantial concern with thet•:; scope of the standard. Reasons for withdrawal, together with appropriate ~~ supporting information (e.g., results of a canvass or letter ballot of those ~ substantially concerned) shall be furnished to the Institute. '~ ~

-6- BSR7.2 The Institute staff shall review the request for withdrawal and~supporting information within 20 working days after receipt of the request. If additional information is required, the staff shall request that the submitter furnish such information within 15 working days of the time the request for information is made. BSR7.3 If the submitter is not the sponsor or secretariat responsible for the American National Standard proposed for withdrawal, the Institute staff shall refer the request for withdrawal to the sponsor or secretariat for review and comment within 30 working days after receipt of the request. (1) If the sponsor or secretariat concurs in the proposed withdrawal, the same procedures given in BSR5 and BSR6 shall apply. Note: Reasons for withdrawal must be published in the appropriate official publication of the Institute. (2) If the sponsor or secretariat does not concur in the proposed withdrawal, the submitter shall be informed of the reasons. The submitter shall advise the Board of Standards Review within 30 working days whether the Institute shall continue to process the proposed withdrawal. If the submitter requests continuance of the withdrawal process, the matter shall be referred to the Board of Standards Review for review and a decision on subsequent action. BSR7.4 The withdrawal of'an American National Standard which has not been reaffirmed or revised within the five-year period required by the Institute (ANSI Procedures, 6.1), and which has been recommended for withdrawal by the cognizant standards management board, shall be processed in accordance with BSR5 and BSR6. If the Board of Standards Review finds evidence to support withdrawal on the basis of noncompliance with Institute procedures for updating American National Standards the Board is authorized to withdraw approval of the standard, subject to the right of appeal provided in BSRB. BSRB. Appeal of Action on American National Standards BSR8.1 An appeal of a decision of the Board of Standards Review on a proposed new American National Standard or on a revisiom, reaffirmation, or withdrawal of an American NationaL Standard' shall be made to the Board~of Standards Review. A further appeal may be made to the Board of Directors of the Institute under the provisions of BSR8.5. An appeal may be made on procedural or substantive grounds, or both. BSR8.2 The appeal shall be filed in writing with the Chairman of the Board of Standards Review within 15 working days after notific:ation by the Institute of an action by the Board of Standards Review. The appeal shall include a statement as to why the Board of Standards Review action should be modified. In the event an appeal is filed, the submitter shall be notified and the original action of the Board of Standards Review shall be appeal. suspended pending adjudication of theC W .~ W ?J

-7_ BSR8.3 The Board of Standards Review shall hear the appeal at a meeting to be held within 30 calendar days after the date of the request for a hearing, or on a date mutually agreeable to all parties concerned. Both the appellant and the submitter shall be notified of the date selected at least 15 working days in advance of the date set and'shall be invited to be represented at the hearing. BSR8.4 The Board of Standards Review, having heard an appeal, may modify its previous action by a vote of 2/3 of the Board. The Institute shall promptly notify both the appellant and the submitter of the decision of the Board. BSRB.S Any party who feels he has been unfairly treated at a BSR hearing may appeal the decision of the Board of Standards Review to the Board of Directors of the Institute. The appeal shall be filed in writing with the Chief Staff Executive of the Institute within 15 working days after notification by the Institute of the results of the BSR hearing. The appeal shall include a state- ment as to why the Board of Standards Review action should be modified. In the event an appeal is filed, each party to a dispute shall be notified and shall select one individual from the Appeals Panel of the Board of Directors to sit on the Appeals Board. The president of the Institute shall designate one of the members of the Appeals Panel, who is also a Director of the Institute, as the third member and Chairman of the Appeals Board. The action of the Board of Standards Review shall be suspended pending adjudication of the appeal. BSR8.6 The Appeals Board shall decide, based on the grounds furnished, whether or not to hear the appeal. BSR8.7 If the appeal is heard, both parties shall appear before the Appeals Board, together with the Chairman of the Board of Standards Review or a BSR member acting as its representative. BSR8.8 The Appeals Board will normally base its decision on the evidence pre- sented to the Board of Standards Review. However, if evidence is presented not previously available and in the record, or if justified by other considerations, the Appeals Board may return the case to the Boardof Standards Review for rehearing. BSR8.9 The action of the Appeals Board shall be final, except that the Board of Directors, at its discretion, may elect to rehear the appeal by majority vote in letter ballot or at a meeting. BSR8.10 The Institute shall promptly notify both the appellant and the submitter of the decision of the Appeals Board. BSR9. Amendtnents BSR9.1 The Board of Directors may make changes to these Operating Procedures at any time after consultation with the Board of Standards Review, or upon its recommendation (Bylaws, B7.1.2). 03";35.i. -J3 BSR9.2 Recommendations of the Board of Standards Review to the Board of Directors to amend these Procedures shall require approval by letter ballot action of 2/3 of the Board of Standards Review.