Title 7
SECTION 1728.30
1728.30 Inclusion of an item for listing or technical acceptance.
§ 1728.30 Inclusion of an item for listing or technical acceptance.(a) Scope. RUS, through its Technical Standards Committees “A” and “B” will determine the acceptability of certain standards, standard specifications, standard drawings, and items of materials and equipment to be used in transmission, distribution and general plant (excluding office equipment, tools, and work equipment, and consumer-owned electric wiring facilities).
(b) Addresses of Committees. The address of Technical Standards Committee “A” is: Chairman, Technical Standards Committee “A” (Electric), Rural Utilities Service, U.S. Department of Agriculture, Washington, DC 20250-1500. The address of Technical Standards Committee “B” is: Chairman, Technical Standards Committee “B” (Electric), Rural Utilities Service, U.S. Department of Agriculture, Washington, DC 20250-1500.
(c) Review by Technical Standards Committee “A”. All proposals for listing a product in the List of Materials must be addressed to Technical Standards Committee “A.” This committee will consider all proposals made by sponsors of specifications, drawings, materials, or equipment in categories for which RUS has established criteria for acceptability. A sponsor may be a manufacturer, supplier, contractor or any other person or organization which has made an application for listing or has requested an action by the committee. Committee “A” will consider all relevant information presented in determining whether an item should be accepted by Technical Standards Committee “A.” Formal rules of evidence and procedure shall not apply to proceedings before this committee.
(d) Action by Technical Standards Committee “A”. (1) Committee “A” may take one of the following actions:
(i) Accept an item for listing without conditions (domestic items only),
(ii) Reject an item (domestic or nondomestic), 1
1 Nondomestic items are items which do not qualify as domestic products pursuant to RUS “Buy American” requirement.
(iii) Accept an item for listing with conditions (domestic items only),
(iv) Table an item for a time period sufficient to allow the sponsor to be notified and furnish additional information (domestic or nondomestic),
(v) Grant technical acceptance with or without conditions for a period of one year from the date of notification by RUS (nondomestic items only).
(2) All committee decisions regarding the actions listed above must be unanimous. If the vote is not unanimous, the item shall be referred to Technical Standards Committee “B.” Written notice of Technical Standards Committee “A's” decision, stating the basis for the decision, will be provided to the sponsor.
(3) Items accepted without conditions by the Technical Standards Committees will be considered to be accepted on a general basis. No restrictions as to quantity or application will be placed on items which have received general acceptance. Items accepted subject to certain conditions, such as limited use to gain service experience, or limited use appropriate to certain areas and conditions, will be considered to be accepted on a conditional basis. The conditions will be cited as a part of the listing provided for in § 1728.60, or as part of the technical acceptance for nondomestic items.
(e) Appeal to Technical Standards Committee “B”. A sponsor may request a review of an adverse decision by Technical Standards Committee “A” within ten (10) days of notification of such decision by submitting a letter requesting such review to Technical Standards Committee “B” (Electric).
(f) Action by Technical Standards Committee “B”. Committee “B” may take any of the actions listed for Committee “A” in § 1728.30(d). However, for a Committee “B” action to be effective it must be by majority vote. Failure to obtain a majority on one of the proposed actions shall mean that the product will not be listed or accepted. Committee “B's” determination shall be based on the record developed before Committee “A” and such additional information as Committee “B” may request. Formal rules of procedure and evidence shall not apply to proceedings before Committee “B.” Written notice of Committee “B's” decision, stating the basis of the decision, will be provided to the sponsor.
(g) Appeal to the Administrator. In the event of an adverse decision by Committee “B,” the sponsor may, within ten (10) days of notification of such decision, request a review of this decision by submitting a letter to the Administrator requesting such a review.
(h) Change in Design. RUS acceptance of an item will be conditioned on the understanding that no design changes (material or dimensions) affecting the quality, strength, or electrical characteristics of the item shall be made without prior concurrence of Technical Standards Committee “A.”
[50 FR 47711, Nov. 20, 1985. Redesignated at 55 FR 39395, Sept. 27, 1990]