[Code of Federal Regulations]
[Title 15, Volume 1, Parts 0 to 299]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR285.12]

[Page 413-414]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
 CHAPTER II--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, DEPARTMENT 
                               OF COMMERCE
 
PART 285--NATIONAL VOLUNTARY LABORATORY ACCREDITATION PROGRAM--Table of Contents
 
                      Subpart B--Establishing a LAP
 
Sec. 285.12  LAP development decision.

    (a) The Chief of NVLAP shall establish all LAPs on the basis of 
need.
    (1) A mandate to develop a LAP by NVLAP will be interpreted as a de 
facto decision to develop the specified LAP, and a LAP will be developed 
(or existing LAPs modified, if practical) following these procedures.
    (2) Government agencies may document the need by using Sec. 285.13, 
and private sector organizations by using Sec. 285.14.
    (b) After receipt of the request, the Chief of NVLAP shall analyze 
it to determine if a need exists for the requested LAP. In making this 
determination, the Chief of NVLAP shall consider the following:
    (1) The needs and scope of the LAP initially requested;
    (2) The needs and scope of the user population;
    (3) The nature and content of other relevant public and private 
sector laboratory accreditation programs;
    (4) Compatibility with the criteria referenced in Sec. 7.33;
    (5) The importance of the requested LAP to commerce, consumer well-
being, or the public health and safety;

[[Page 414]]

    (6) The economic and technical feasibility of accrediting 
laboratories for the calibration or test methods, types of calibration 
or test methods, products, services, or standards requested; and
    (7) Recommendations from written comments for altering the scope of 
the requested LAP by adding or deleting test methods, types of test 
methods, products, services, or standards.
    (c) If the Chief of NVLAP decides that a need has been demonstrated, 
and if resources are available to develop a LAP, NVLAP shall notify 
interested persons of the decision to proceed with development of a LAP.
    (d) If the Chief of NVLAP concludes that there is a need for a LAP 
but there are no resources for development, NVLAP shall notify the 
requestor and other interested persons of the decision not to proceed 
until resources become available.
    (e) If the Chief of NVLAP decides that a need for a LAP has not been 
demonstrated, NVLAP shall notify the requestor and other interested 
persons of the decision and the reasons not to proceed with development 
of a LAP.

[49 FR 44623, Nov. 8, 1984, as amended at 55 FR 38314, Sept. 18, 1990. 
Redesignated and amended at 59 FR 27748, May 3, 1994; 64 FR 59617, Nov. 
3, 1999]