Environmental Engineering Reference
In-Depth Information
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Balance
rules are permissible. All members must be eligible
to vote, and may change their votes. Comments
accompanying votes are recorded. Written or
absentee balloting (e.g., electronic proxy) must be
accommodated. The final results of voting must
be reported. These complex voting procedures
imply recursive negotiations. The SDO body
must provide for appeals from complaints that
protect participants' direct and materially affected
interests. Appeal procedures should be fair for
the impartial handling of procedural complaints
and the appeals tribunal remains unbiased and
conducted promptly. All SDO bodies make their
procedures available in writing.
In the U.S., federal regulatory agencies must
use technical standards developed or adopted by
VCS bodies whenever possible. The National
Technology Transfer and Advancement Act (NT-
TAA) of 1996 requires most agencies to consult
and participate with VCS bodies if it is in the public
interest and compatible with the agency's missions,
authorities, priorities, and budget resources (NT-
TAA 1996). Such VCS standards help to reduce
government costs for the development of de jure
standards, control procurement costs, and help
to harmonize standards that promote societal ef-
ficiency and rigorous competition. OMB Circular
A-119 has a due process requirements approach
that parallels the ANSI's due process requirements.
All forms of intellectual property (IP) are im-
portant to standardization. Patent rights are most
important, they are controversial and discussed
below. However, the three other IP rights can
also be important: copyright, trade secrets and
trademarks. First, copyright is involved because
standards are nearly always recorded in docu-
ments generally protected by national copyright
laws and international copyright treaties because
standards are expression affixed in a tangible
medium. Copyright is typically held by the SDO
body because this enables a business model that
funds the SDO body through the sale of printed
or electronic copies of the standards. Selling
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Notification
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Consideration
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Consensus
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Appeals
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Written procedures
Participation opportunities for consumers and
any person with a direct financial interest in the
proceeding is required by the openness due pro-
cess requirement. No undue financial barriers are
permitted. Voting eligibility requirements cannot
be unreasonably based on organizational affiliation
or technical qualifications. The lack of dominance
standard requires a fair and equitable consider-
ation of viewpoints by prohibiting domination
by any single interest, category, individual, or
organization. Dominance can arise from a position
or exercise of dominant authority, leadership, or
influence by reason of superior leverage, strength,
or representation, including voting blocs. The
balance standard also requires participants from
a range of diverse interest categories and may
depend on the impact that a developing standard
might have on the group's interests. Quantitative
thresholds of imbalance (proportional represen-
tation) are no longer required, but, a minimum,
participation should include producers, users, and
the general public. Sometimes other constituen-
cies are appropriate: consumers, directly affected
public, distributors and retailers, industrial and/
or commercial interests, insurance industry, labor,
manufacturers, professional societies, regulatory
agencies, testing laboratories, and trade associa-
tions. Notice is required that clearly describes the
SDA purpose, identify details about participants,
and make available attendance relevant infor-
mation. Notice is also required when particular
participants' views are accommodated or are not
accommodated. Prompt consideration must be
given to all participants' views and objections.
The democratic process envisioned is one of
consensus, usually manifest through voting. Voter
