717 



X-ray equipment, without upgrading such prod- 

 ucts to meet the standards for new products or 

 separate standards for used products; 



iD) measures to assure consistent and effective 

 control of the aforementioned health hazards; 



(E) measures to strengthen radiological health 

 programs of State governments; and 



(F) the feasibility of authorizing the Secretary 

 to enter into arrangements with individual States 

 or groups of States to define their respective func- 

 tions and responsibilities for the control of elec- 

 tronic product radiation and other Ionizing 

 radiation; 



(2) A study to determine the necessity for the de- 

 velopment of standards for the use of nonmedical 

 electronic products for commercial and Industrial 

 purposes: and 



(3) A study of the development of practicable 

 procedures for the detection and measurement of 

 electronic product radiation which may be emitted 

 from electronic products manufactured or Imported 

 prior to the effective date of any applicable stand- 

 ard established pursuant to this subpart. 



(b) Participation of other Federal agencies. 



In carrying out these studies, the Secretary shall 

 invite the participation of other Federal depart- 

 ments and agencies having related responsibilities 

 and Interests, State governments — particularly 

 those of States which regulate radioactive materials 

 under section 2021 of this title and Interested pro- 

 fessional, labor, and Industrial organizations. Upon 

 request from congressional committees Interested In 

 these studies, the Secretary shall keep these com- 

 mittees currently informed as to the progress of the 

 studies and shall permit the committees to send ob- 

 servers to meetings of the study groups. 



(c) Organization of studies and participation. 



The Secretary or his designee shall organize the 

 studies and the participation of the invited partic- 

 ipants as he deems best. Any dissent from the find- 

 ings and recommendations of the Secretary shall be 

 included in the report if so requested by the dis- 

 senter. (July 1, 1944, ch. 373, tiUe Ul, § 357, as added 

 Oct. 18. 1968, Pub. L. 90-602. § 2(3), 82 Stat. 1176.) 



§263f. Performance standards for electronic products. 

 (a) Promulgation of regulations. 



(1) The Secretary shall by regulation prescribe 

 performance standards for electronic products to 

 control the emission of electronic product radiation 

 from such products if he determines that such 

 standards are necessary for the protection of the 

 public health and safety. Such standards may In- 

 clude provisions for the testing of such products 

 and the measurement of their electronic product 

 radiation emissions, may require the attachment of 

 warning signs and labels, and may require the pro- 

 vision of instructions for the Installation, opera- 

 tion, and use of such products. Such standards may 

 be prescribed from time to time whenever such 

 determinations are made, but the first of such 

 standards shall be prescribed prior to January 1. 

 1970. In the development of such standards, the 

 Secretary shall consult with Federal and State de- 

 partments and agencies having related responsi- 



bilities or Interests and with appropriate profession- 

 al organizations and interested persons, including 

 representatives of industries and labor organizations 

 which would be affected by such standards, and 

 shall give consideration to — 



(A) the latest available scientific and medi- 

 cal data in the field of electronic product 

 radiation ; 



(B) the standards currently recommended by 



(1) other Federal agencies having responsibilities 

 relating to the control and measurement of elec- 

 tronic product radiation, and (ii) public or pri- 

 vate groups having an expertise in the field of 

 electronic product radiation; 



(C) the reasonableness and technical feasi- 

 bility of such standards as applied to a particular 

 electronic product; 



(D) the adaptability of such standards to the 

 need for uniformity and reliability of testing and 

 measuring procedures and equipment; and 



(E) In the case of a component, or accessory 

 described in paragraph (2) (B) of section 263c 

 of this title, the performance of such article in 

 the manufactured or assembled product for which 

 It is designed. 



(2) The Secretary may prescribe different and In- 

 dividual performance standards, to the extent ap- 

 propriate and feasible, for different electronic prod- 

 ucts so as to recognize their different operating 

 characteristics and uses. 



(3) The performance standards prescribed under 

 this section shall not apply to any electronic prod- 

 uct which Is intended solely for export If (A) such 

 product and the outside of any shipping container 

 used In the export of such product are labeled or 

 tagged to show that such product Is Intended for 

 export, and (B) such product meets all the appli- 

 cable requirements of the country to which such 

 product is intended for export. 



(4) The Secretary may by regulation amend or 

 revoke any performance standard prescribed under 

 this section. 



(5) The Secretary may exempt from the provi- 

 sions of this section any electronic product Intended 

 for use by departments or agencies of the United 

 States provided such department or agency has 

 prescribed procurement specifications governing 

 emissions of electronic product radiation and pro- 

 vided further that such product is of a type used 

 solely or predominantly by departments or agencies 

 of the United States. 



(b) Administrative procedure. 



The provisions of subchapter II of chapter 5 of 

 Title 5 (relating to the administrative procedure for 

 rulemaking), and of chapter 7 of Title 5 (relating 

 to judicial review), shall apply with respect to any 

 regulation prescribing, amending, or revoking any 

 standard prescribed under this section. 



(c) Publication in Federal Register. 



Each regulation prescribing, amending, or revok- 

 ing a standard shall specify the date on which It 

 shall take effect which, in the case of any regulation 



