U.S. Code » Title 15 » Chapter CHAPTER 16B— FEDERAL ENERGY ADMINISTRATION › Subchapter SUBCHAPTER I— FEDERAL ENERGY ADMINISTRATION

15 U.S.C. § 788

Use of commercial standards

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 15 CasesGoogle Scholar
(a) General notice of proposed rulemakingIf any proposed rule by the Administrator contains any commercial standards, or specifically authorizes or requires the use of any such standards, then any general notice of the proposed rulemaking shall—(1) identify, by name, the organization which promulgated such standards; and(2) state whether or not, in the judgment of the Administrator, such organization complied with the requirements of subsection (b) in the promulgation of such standards.(b) Promulgation of commercial standardsAn organization complies with the requirements of this subsection in promulgating any commercial standards if—(1) it gives interested persons adequate notice of the proposed promulgation of the standards and an opportunity to participate in the promulgation process through the presentation of their views in hearings or meetings which are open to the public;(2) the membership of the organization at the time of the promulgation of the standards is sufficiently balanced so as to allow for the effective representation of all interested persons;(3) before promulgating such standards, it makes available to the public any records of proceedings of the organization, and any documents, letters, memorandums, and materials, relating to such standards; and(4) it has procedures allowing interested persons to—(A) obtain a reconsideration of any action taken by the organization relating to the promulgation of such standards, and(B) obtain a review of the standards (including a review of the basis or adequacy of such standards).(c) Consultation with Attorney General and Chairman of Federal Trade Commission; impact of rules on competition

The Administrator shall not incorporate within any rule, nor prescribe any rule specifically authorizing or requiring the use of, any commercial standards unless he has consulted with the Attorney General and the Chairman of the Federal Trade Commission concerning the impact of such standards on competition and neither such individual recommends against such incorporation or use.

(d) Rules relating to Administration procurement activities

The foregoing provisions of this section shall not apply with respect to rules prescribed by the Administrator which relate to the procurement activities of the Administration.

(e) Participation of Administration employees in organizations relating to promulgation of commercial standards

Not later than 90 days after July 21, 1977, the Administrator shall prescribe, by rule, guidelines or criteria which set forth the extent to which, and the terms and conditions under which, employees of the Administration may participate in their official capacity in the activities of any organization (which is not a Federal entity) which relate to the promulgation of commercial standards. Such guidelines and criteria may allow for such participation if it is in the public interest and relates to the purposes of this chapter, but in no event may such employees who are participating in their official capacity be allowed under such guidelines or criteria to vote on any matter relating to commercial standards.

(f) “Commercial standards” definedAs used in this section, the term “commercial standards” means—(1) specifications of materials;(2) methods of testing;(3) criteria for adequate performance or operation;(4) model codes;(5) classification of components;(6) delineation of procedures or definition of terms;(7) measurement of quantity or quality for evaluating or referring to materials, products, systems, services, or practices; or(8) similar rules, procedures, requirements, or standards;which are promulgated by any organization which is not a Federal entity. For purposes of the preceding sentence, any revision by any such organization of any such rule, procedure, requirement, or standard shall be considered to be the same as the promulgation of such standard.(Pub. L. 93–275, § 32, as added Pub. L. 95–70, § 9, July 21, 1977, 91 Stat. 278.)Statutory Notes and Related SubsidiariesTransfer of Functions

Federal Energy Administration terminated and functions vested by law in Administrator thereof transferred to Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of Title 42, The Public Health and Welfare.

Notes of Decisions
Cited in 68 cases, 1978–2015 · leading case: Operating Local 649 Annuity Trust Fund v. Smith Barney Fund Mgmt. LLC, 595 F.3d 86 (2d Cir. 2010).
Sort: Relevance Newest Treatment
Operating Local 649 Annuity Trust Fund v. Smith Barney Fund Mgmt. LLC, 595 F.3d 86 (2d Cir. 2010). “1 See 15 U.S.C. § 788 (b); 17 C.F.R. § 240 .10b-5; 15 U.”
Frank v. Dana Corp., 547 F.3d 564 (6th Cir. 2008). “Plaintiffs’ class-action complaint alleges violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 788 (b) and 78t(a), and Rule 10b-5 promulgated thereunder by the Securities and Exchange Commission, 17 C.”
Regina Warshaw & John D. Kaufman, on Behalf of Themselves & All Others Similarly Situated v. Xoma Corp. Steven C. Mendell, 74 F.3d 955 (9th Cir. 1996). “*957 PREGERSON, Circuit Judge: This is a class action brought under Section 10(b) of the Securities and Exchange Act of 1934, 15 U.S.C. § 788 (b), and Rule 10b-5 promulgated by the Securities and Exchange Commission, 17 C.”
In Re Enron Corp. Sec., Derivative & ERISA Lit., 235 F. Supp. 2d 549 (S.D. Tex. 2002). “15 U.S.C. § 788 (b). Rule 10b-5, which implements § 10(b), in turn provides in relevant part, It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails or of any facility of any national…”
United States v. Mandell, 752 F.3d 544 (2d Cir. 2014). “§ 371 ; (2) securities fraud, in violation of 15 U.S.C. §§ 788 (b) & 78ff, 17 C.F.R. § 240 .”
United States v. Rigas, 605 F.3d 194 (3rd Cir. 2010). “The objects alleged by the conspiracy count were numerous: securities fraud in violation of 15 U.S.C. §§ 788 (b) and 78ff and 17 C.F.”
In Re Enron Corp. Sec., Derivative & ERISA Lit., 258 F. Supp. 2d 576 (S.D. Tex. 2003). “§§ 77k and 77o; (2) Sections 10(b), 20(a), and 20A of the Securities Exchange Act of 1934 (“Exchange Act” or “the 1934 Act”), 15 U.S.C. §§ 788 (b), 78t(a), and 78W 1, and Rule 10b-5 promulgated thereunder by the Securities and Exchange Commission (“SEC”), 17 C.”
In Re Qwest Commc'ns Int'l, Inc. Sec. Litig., 387 F. Supp. 2d 1130 (D. Colo. 2005). · cites it 2× “10b-5; 4) A claim against the Andersen defendants under Section 10(b) of the 1934 Act, 15 U.S.C. § 788 (b), and Rule 10(b)(5) of the Securities and Exchange Commission, 17 C.”
DeAngelis v. Corzine, 982 F. Supp. 2d 277 (S.D.N.Y. 2013). “330) asserts violations of Section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”), 15 U.S.C. § 788 (b) (“Section 10(b)”); Rule 10b-5 promulgated thereunder, 17 C.”
In Re Beacon Assocs. Litig., 745 F. Supp. 2d 386 (S.D.N.Y. 2010). “15 U.S.C. § 788 (b). Accordingly, Plaintiffs state a viable claim for securities fraud against Ivy under section 10(b).”
Lopes v. Vieira, 543 F. Supp. 2d 1149 (E.D. Cal. 2008). “aterials used to induce plaintiffs to enter into the “milk for equity” contracts contained, served as manipulative and deceptive devices and contrivances intended to contravene the rules and regulations of the Securities and Exchange Commission as necessary and appropriate for…”
United States v. George Georgiou, 777 F.3d 125 (3rd Cir. 2015). “2869 (quoting 15 U.S.C. § 788 (b)). Because Georgiou raised neither argument below, we review for plain error.”
Show all 68 citing cases →
— 15 U.S.C. § 788(b) — 1 case
Sheldon Gordon v. David Dadante, 336 F. App'x 540 (6th Cir. 2009).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.