AMERICAN SOCIETY FOR TESTING AND MATERIALS et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 204

LARGE ADDITIONAL ATTACHMENT(S) to Public Resource's Second Motion for Summary Judgment by PUBLIC.RESOURCE.ORG, INC. 202 MOTION for Summary Judgment filed by PUBLIC.RESOURCE.ORG, INC., 203 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by PUBLIC.RESOURCE.ORG, INC. (This document is SEALED and only available to authorized persons.) filed by PUBLIC.RESOURCE.ORG, INC.. (Attachments: # 1 Public Resources Statement of Disputed Facts, # 2 Public Resources Evidentiary Objections, # 3 Public Resources Request for Judicial Notice, # 4 Declaration Carl Malamud, # 5 Declaration Matthew Becker, # 6 Consolidated Index of Exhibits, # 7 Exhibit 1, # 8 Exhibit 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5, # 12 Exhibit 6, # 13 Exhibit 7, # 14 Exhibit 8, # 15 Exhibit 9, # 16 Exhibit 10, # 17 Exhibit 11, # 18 Exhibit 12, # 19 Exhibit 13, # 20 Exhibit 14, # 21 Exhibit 15, # 22 Exhibit 16, # 23 Exhibit 17, # 24 Exhibit 18, # 25 Exhibit 19, # 26 Exhibit 20, # 27 Exhibit 21, # 28 Exhibit 22, # 29 Exhibit 23, # 30 Exhibit 24, # 31 Exhibit 25, # 32 Exhibit 26, # 33 Exhibit 27, # 34 Exhibit 28, # 35 Exhibit 29, # 36 Exhibit 30, # 37 Exhibit 31, # 38 Exhibit 32, # 39 Exhibit 33, # 40 Exhibit 34, # 41 Exhibit 35, # 42 Exhibit 36, # 43 Exhibit 37, # 44 Exhibit 38, # 45 Exhibit 39, # 46 Exhibit 40, # 47 Exhibit 41, # 48 Exhibit 42, # 49 Exhibit 43, # 50 Exhibit 44, # 51 Exhibit 45, # 52 Exhibit 46, # 53 Exhibit 47, # 54 Exhibit 48, # 55 Exhibit 49, # 56 Exhibit 50, # 57 Exhibit 51, # 58 Exhibit 52, # 59 Exhibit 53, # 60 Exhibit 54, # 61 Exhibit 55, # 62 Exhibit 56, # 63 Exhibit 57, # 64 Exhibit 58, # 65 Exhibit 59, # 66 Exhibit 60, # 67 Exhibit 61, # 68 Exhibit 62, # 69 Exhibit 63, # 70 Exhibit 64, # 71 Exhibit 65, # 72 Exhibit 66, # 73 Exhibit 67, # 74 Exhibit 68, # 75 Exhibit 69, # 76 Exhibit 70, # 77 Exhibit 71, # 78 Exhibit 72, # 79 Exhibit 73, # 80 Exhibit 74, # 81 Exhibit 75, # 82 Exhibit 76, # 83 Exhibit 77, # 84 Exhibit 78, # 85 Exhibit 79, # 86 Exhibit 80, # 87 Exhibit 81, # 88 Exhibit 82, # 89 Exhibit 83, # 90 Exhibit 84, # 91 Exhibit 85, # 92 Exhibit 86, # 93 Exhibit 87, # 94 Exhibit 88, # 95 Exhibit 89, # 96 Exhibit 90, # 97 Exhibit 91, # 98 Exhibit 92, # 99 Exhibit 93, # 100 Exhibit 94, # 101 Exhibit 95, # 102 Exhibit 96, # 103 Exhibit 97, # 104 Certificate of Service)(Bridges, Andrew)

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EXHIBIT 54 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AMERICAN SOCIETY FOR TESTING AND MATERIALS d/b/a/ ASTM INTERNATIONAL; NATIONAL FIRE PROTECTION ASSOCIATION, INC.; and AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR CONDITIONING ENGINEERS, Case No. 1:13-cv-01215-EGS Plaintiffs/ Counter-Defendants, v. PUBLIC.RESOURCE.ORG, INC., Defendant/ Counter-Plaintiff. PLAINTIFF AMERICAN SOCIETY FOR TESTING AND MATERIALS’ OBJECTIONS AND RESPONSES TO FIRST SET OF INTERROGATORIES Plaintiff/Counter-Defendant American Society for Testing and Materials (“ASTM”) hereby objects, answers and otherwise responses to the First Set of Interrogatories (the “Interrogatories”) of Defendant/Counter-Plaintiff Public.Resource.Org, Inc. (“Public Resource) as follows: PRELIMINARY STATEMENT 1. This litigation is in its early stages. As such, in preparing these responses, ASTM has reviewed the documents and information reasonably available to it. Discovery in this action is continuing and ASTM may learn of additional facts pertaining to the Interrogatories. Therefore, ASTM reserves the right to change, amend, or supplement its objections and responses at a later date. If further evidence is obtained which is not protected from discovery, ASTM reserves the right to present such evidence at the time of trial. 2. ASTM’s responses are made solely for purposes of this action, and not for purposes of any other action. These responses are subject to all objections as to competence, relevance, materiality, propriety, admissibility, and any and all other objections and grounds that would require the exclusion of evidence disclosed herein if the evidence were produced and sought to be introduced into evidence in Court; all of which objections and grounds are specifically reserved, and may be interposed at the time of trial or other attempt to use one or more of these responses. 3. ASTM’s responses are made without in any way waiving or intending to waive, but on the contrary, preserving and intending to preserve, the following: a. All questions of authenticity, relevance, materiality, privilege and admissibility as evidence for any purpose of the information provided which may arise in any subsequent proceeding in, or the trial of, this or any other action; b. The right to object to the use of said information at any subsequent proceeding in, or the trial of, this or any other action, or any other grounds; c. The right to object on any other ground at any time to other interrogatories or other disclosure involving said information or subject matter thereof; and d. The right to make additions and/or amendments to these responses if further disclosure or investigation yields information called for in disclosure. GENERAL OBJECTIONS The following General Objections apply to each and every separately-numbered Interrogatory and are incorporated by reference into each and every specific response as if set forth in full in each response. From time to time, a specific response may repeat a General Objection for emphasis or some other reason. The failure to repeat any General Objection in any specific response shall not be interpreted as a waiver of any General Objection to that response. 2 1. ASTM objects to each Interrogatory to the extent that the Interrogatory attempts or purports to call for the production of any information or documentation that is privileged, that was prepared in anticipation of litigation or for trial, that reveals communications between ASTM and its co-Plaintiffs and their legal counsel, that otherwise constitutes attorney work product, privileged attorney-client communication, or that is otherwise privileged or immune from discovery. Inadvertent disclosure of any such information or documentation is not intended to and shall not constitute a waiver of any privilege or any other ground for objecting to discovery with respect to such information, or with respect to the subject matter thereof. Nor shall such inadvertent production or disclosure waive the right of ASTM to object to the use of any such information during this action or in any other subsequent proceeding. 2. ASTM objects to these Interrogatories, definitions, and instructions to the extent that they seek information or documents that include confidential, business proprietary information, trade secrets or other confidential research, development, financial or commercial information of ASTM. No such confidential or proprietary information will be produced until an appropriate protective order is in place. 3. ASTM objects to Public Resource’s definitions and instructions to the extent they are beyond the scope of the Federal Rules, the Local Rules, and the Orders of this Court. 4. ASTM objects to Public Resource’s Interrogatories to the extent they are overly broad, unduly burdensome, or not relevant or likely to lead to any relevant evidence as to any party’s claims, counterclaims, or defenses or the subject matter involved in the action. 5. ASTM objects to the Interrogatories to the extent they seek documents that are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 6. ASTM objects to the Interrogatories to the extent that they seek to impose obligations on ASTM that are unduly burdensome, especially to the extent they request information 3 that is already in the possession of Public Resource or is publicly available such that it could be derived or ascertained by Public Resource with substantially the same effort that would be required of ASTM. 7. ASTM objects to the Interrogatories to the extent that they seek information that is not limited to a relevant and reasonable period of time. 8. ASTM objects to Public Resource’s Interrogatories to the extent that they seek to require ASTM to provide documentation other than that which may be obtained through a reasonably diligent search of ASTM’s corporate records. 9. ASTM objects to each of the Interrogatories to the extent it does not describe the information sought with sufficient particularity and/or is vague, ambiguous, or unlimited in scope. 10. ASTM objects to each and every Interrogatory, definition, and instruction to the extent that it calls for a legal conclusion. Any response by ASTM shall not be construed as providing a legal conclusion regarding the meaning or application of any terms or phrases used in Public Resource’s Interrogatories, definitions, or instructions. 11. ASTM objects to each and every Interrogatory, definition, and instruction to the extent that it contains subparts or a compound, conjunctive, or disjunctive request. 12. ASTM objects to each and every Interrogatory, definition, and instruction to the extent that it is speculative, lacks foundation, or improperly assumes the existence of hypothetical facts that are incorrect or unknown to ASTM. 13. ASTM objects to each and every Interrogatory to the extent that it requests ASTM to identify “all” facts, or “every” fact, responsive to the particular Interrogatory. Discovery is ongoing, and the facts identified in ASTM’s responses are exemplary, not exhaustive. 4 14. ASTM objects to the definition of “You,” “Your” or “ASTM” on the grounds that it is vague, ambiguous, overbroad, and unduly burdensome to the extent these terms include any entity other than ASTM. 15. ASTM objects to the definition of “Standard” as overbroad and unduly burdensome to the extent it includes standards that were not developed by ASTM and about which ASTM has not asserted a claim of infringement. 16. ASTM objects to the definition of “Incorporated Standard” as overbroad and unduly burdensome to the extent it includes standards that have been incorporated into law by any jurisdiction outside the United States. ASTM will construe “Incorporated Standard” as referring to any standard that a jurisdiction within the United States has incorporated into law, including through incorporation by reference. 17. ASTM objects to the definition of “Promoted” as vague and ambiguous and overbroad and unduly burdensome to the extent it exceeds the commonly understood definition of the term. ASTM will respond to Interrogatories with the term “Promoted” based on the ordinary meaning of the term. 18. ASTM objects to the definition of “Publication” as vague and ambiguous and overbroad and unduly burdensome to the extent it exceeds the commonly understood definition of the term. ASTM will respond to Interrogatories with the term “Publication” based on the ordinary meaning of the term. 19. ASTM objects to the definition of “Access” as vague and ambiguous and overbroad and unduly burdensome to the extent it exceeds the commonly understood definition of the term. ASTM will respond to Interrogatories with the term “Access” based on the ordinary meaning of the term. 5 20. ASTM objects to the definition of “Legal Authority” as vague and ambiguous and overbroad and unduly burdensome. ASTM will define “Legal Authority” to mean statutes, regulations or ordinances of government entities within the United States of America. 21. ASTM objects to the definition of “Standards Process” as vague and ambiguous and overbroad and unduly burdensome. ASTM will respond to Interrogatories with the phrase “Standards Process” by defining the term to mean the developing, creating, drafting, revising and editing of a Standard. 22. ASTM objects to the definition of “Contribution” as vague and ambiguous and overbroad and unduly burdensome. ASTM will respond to Interrogatories with the term “Contribution” by defining the term to mean the provision of assistance, advice, or labor. 23. ASTM objects to the definitions of the terms “Identify” and “Identity” as overbroad and unduly burdensome to the extent they require ASTM to provide (a) the home address and all former titles and the period of time the person held each title for any natural person; (b) to state, for business organizations, “the identity of all persons affiliated with the organization who have knowledge of the matter with respect to which it is named in an interrogatory answer;” (c) insofar as it purports to require ASTM to state “the documentary or testimonial evidence” with regard to any fact or circumstance and “the Persons with knowledge of the fact or circumstance,” and (d) insofar as it purports to require ASTM, “when referring to advertising or promotion . . . to provide dates; medium; product, service, or feature being advertised or promoted; location (physical address; social media or World Wide Web site; print periodical page number; or analogous identifier); number of impressions, and cost.” 24. ASTM will make reasonable efforts to gather information responsive to Public Resource’s Interrogatories as they understand and interpret each Interrogatory, subject to and limited by the objections they may have to each Interrogatory, within their possession, custody or 6 control, including those contained in these General Objections and all other objections made herein, as well as any limitations agreed to by the parties. If Public Resource asserts an interpretation of any aspect of its Interrogatories different from that made by ASTM, ASTM reserves the right to supplement its objections and/or responses if such interpretations made by Public Resource are held to be the applicable interpretation. 25. No express, incidental or implied admissions are intended by ASTM’s responses and objections. The fact that ASTM agree to provide information and/or documents in response to a particular Interrogatory is not intended and shall not be construed as an admission that ASTM accepts or admits the existence of any such information and/or document set forth in or assumed by such Interrogatory, or that any such information and/or document constitutes admissible evidence. The fact that ASTM agrees to provide information and/or documents in response to a particular Interrogatory is not intended and shall not be construed as a waiver by ASTM of any part of any objection to such Interrogatory or any part of any general objection made herein. INTERROGATORIES INTERROGATORY 1: Identify all Standards that you know or believe to have been incorporated, in whole or in part, either expressly or by reference, in any Legal Authority. RESPONSE TO INTERROGATORY NO. 1: ASTM incorporates the General Objections as if fully set forth herein. ASTM objects to this Interrogatory on the ground that it is overly broad and unduly burdensome, insofar as it seeks information concerning “all Standards,” without regard to whether the Standard was developed by ASTM and without regard to whether ASTM has asserted a claim of infringement in connection with the Standard. ASTM further objects to this Interrogatory on the ground that “Legal Authority” is vague and ambiguous and overly broad and unduly burdensome. In responding to 7 this Interrogatory, ASTM will construe “Legal Authority” to refer to statutes, regulations, and ordinances of government entities within the United States of America. ASTM further objects to this Interrogatory on the ground that the term “Identify” is overly broad and unduly burdensome. ASTM also objects to this Interrogatory on the ground that it seeks information that is in the public domain, is equally available to Public Resource as it is to ASTM, or that could be derived or ascertained by Public Resource with substantially the same effort that would be required for ASTM. Subject to and without waiving the foregoing objections, attached as Exhibit A is a list of the ASTM standards in connection with which ASTM asserted claims for infringement that ASTM has reason to believe are incorporated by reference by a Legal Authority. INTERROGATORY 2: Identify every Legal Authority that you know or believe to have incorporated, in whole or in part, either expressly or by reference, any part of any Standard in which you claim rights. RESPONSE TO INTERROGATORY NO. 2: ASTM incorporates the General Objections as if fully set forth herein. ASTM objects to this Interrogatory on the ground that it is overly broad and unduly burdensome, insofar as it seeks information concerning any Standard in which ASTM claims rights without regard to whether ASTM has asserted a claim of infringement in connection with the Standard. ASTM further objects to this Interrogatory on the ground that “Legal Authority” is vague and ambiguous and overly broad and unduly burdensome. In responding to this Interrogatory, ASTM will construe “Legal Authority” to refer to statutes, regulations, and ordinances of government entities within the United States of America. ASTM further objects to this Interrogatory on the ground that the term “Identify” is overly broad and unduly burdensome. ASTM also objects to this Interrogatory on the ground that it seeks information that is generally available to the public, is equally available 8 to Public Resource as it is to ASTM, or that could be derived or ascertained by Public Resource with substantially the same effort that would be required for ASTM. ASTM further objects to this Interrogatory on the ground that it calls for legal conclusions. Subject to and without waiving the foregoing objections, ASTM responds that ASTM does not keep track of all the Legal Authorities that have incorporated by reference ASTM’s standards. The National Institute of Standards and Technology purports to maintain a database of all standards that are referenced in the Code of Federal Regulations, which is available to the public at https://standards.gov/sibr/query/index.cfm?fuseaction=home.main. INTERROGATORY 3: Identify all Persons who participated in the Standards Process of any Standard in which you claim rights. RESPONSE TO INTERROGATORY NO. 3: ASTM incorporates the General Objections as if fully set forth herein. ASTM objects to this Interrogatory on the ground that it is overly broad and unduly burdensome, insofar as it seeks information concerning any Standard in which ASTM claims rights, without regard to whether ASTM has asserted a claim of infringement in connection with the Standard and would require ASTM to identify every person who played any role in the development, creation, drafting, revision, editing, transmission, publication, distribution, display, or dissemination of hundreds of different standards over the course of many decades. ASTM further objects to this Interrogatory as vague and ambiguous with respect to the meaning of the term “participated.” ASTM further objects to this Interrogatory on the ground that the term “Identify” is overly broad and unduly burdensome. ASTM further objects that identification of the thousands of individuals who fall within the scope of this Interrogatory is not reasonably calculated to lead to the discovery of admissible evidence. 9 Subject to and without waiving the foregoing objections, ASTM responds that ASTM’s standard development process potentially includes individuals from the following categories: ASTM subcommittee and technical committee members, other ASTM members, members of the ASTM Committee on Standards, members of the ASTM Committee on Technical Committee Operations, the ASTM Board of Directors, ASTM staff, and the general public. ASTM members include individuals from a variety of trades, disciplines, and industries, including manufacturers, retailers, consumers, representatives from government agencies, academics, and researchers. The voting membership of each ASTM Technical Committee is constituted to include a balance of relevant interests. For example, producers or sellers of materials, products, systems or services covered within the scope of a given committee or subcommittee cannot exceed more than 50 percent of the voting membership of that committee or subcommittee. ASTM staff also participates in the process of editing and publishing ASTM standards. Pursuant to Fed. R. Civ. P. 33(d), ASTM will produce documents from which the identities of individuals who were involved in the development and creation of certain ASTM standards that ASTM alleges were infringed may be derived or ascertained. INTERROGATORY 4: Identify all communications in which You, or anyone acting on Your behalf, Promoted the incorporation of any of Standard, in whole or in part, either expressly or by reference, in any Legal Authority. RESPONSE TO INTERROGATORY NO. 4: ASTM incorporates the General Objections as if fully set forth herein. ASTM objects to this Interrogatory on the ground that it is overly broad and unduly burdensome to the extent that it asks for ASTM to identify communications made by any person or entity other than ASTM. ASTM further objects to this Interrogatory as unintelligible with respect to the phrase “the incorporation of 10 any of Standard”, and will construe that phrase as “the incorporation of any Standard.” ASTM further objects to this Interrogatory as overly broad and unduly burdensome insofar as it seeks information concerning any Standard, without regard to whether the Standard was developed by ASTM and without regard to whether ASTM has asserted a claim of infringement in connection with the Standard. ASTM further objects to this Interrogatory on the ground that the terms “Legal Authority,” “Promoted,” and “Identify” are overly broad and unduly burdensome. In responding to this Interrogatory, ASTM will construe “Legal Authority” to refer to statutes, regulations, and ordinances of government entities within the United States of America. In responding to this Interrogatory, ASTM will define “Promoted” based on the ordinary meaning of the term. ASTM further objects to the undefined term “communications” as vague and ambiguous. Subject to and without waiving the foregoing objections, ASTM responds that ASTM does not actively promote the incorporation of its standards in laws by any U.S. government entity. Indeed, ASTM is aware of the incorporation by reference of less than 10 percent of ASTM’s standards by the federal government. While it does not actively promote incorporation by reference, ASTM notifies its members and members of the public, which includes members of U.S. government entities, about its standards in several different ways. ASTM issues press releases regarding some of its newly published standards. ASTM also has a Standard Tracker program that allows members of the public to request to receive a notification when a new standard has been published by a specific committee or subcommittee. Consistent with the National Technology Transfer and Advancement Act’s requirement that the federal government use privately developed or adopted technical standards where possible, representatives of the federal government sometimes contact ASTM or members of ASTM committees to ask if ASTM has developed standards related to specific topics, in which case ASTM will respond to such requests. At the request of a government employee or ASTM member, ASTM employees may inform representatives of a 11 federal agency that ASTM has developed a particular standard that relates to a topic that may be of interest to that agency. Additionally, if a federal agency has indicated an intention to incorporate by reference an outdated ASTM standard, a member of the relevant ASTM technical committee may also submit a comment to the proposed rulemaking to notify the agency that the committee has approved a more recent version of the standard. INTERROGATORY 5: Identify all Contributions that any Persons made to the Standards Process of Your Standards. RESPONSE TO INTERROGATORY NO. 5: ASTM incorporates the General Objections as if fully set forth herein. ASTM objects to this Interrogatory as overly broad and unduly burdensome insofar as it seeks information concerning all ASTM Standards, without regard to whether ASTM asserted a claim of infringement in connection with the Standard. ASTM further objects to this Interrogatory as overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence on the ground that the terms “Contributions” and “Standards Process”, as defined by Public Resource and used in this Interrogatory, would require ASTM to identify every instance where any person offered any assistance, advice, financial support, labor, effort, or expenditure of time in connection with the development, creation, drafting, revision, editing, transmission, publication, distribution, display, or dissemination of hundreds of different ASTM standards over the course of many decades. ASTM will construe “Standards Process” to mean the developing, creating, drafting, revision and editing of a Standard. ASTM will construe “Contribution” to mean the provision of assistance, advice, or labor. ASTM further objects to this Interrogatory on the ground that the term “Identify” is overly broad and unduly burdensome. 12 Subject to and without waiving the foregoing objections, ASTM responds that ASTM publishes regulations, rules, and bylaws describing the actors who are involved in ASTM’s standards development process. See, e.g., http://www.astm.org/COMMIT/newcommit.html (collecting bylaws and regulations). Those documents are publicly available and speak for themselves. As described in those documents, there are several stages to the ASTM standards development process. The process of developing each ASTM standard begins when an individual submits a work item request, which either requests the development of a new standard or a revision or amendment of an existing ASTM standard. The chair or sub-chair of the relevant ASTM committee may approve or deny the work item request or the subcommittee may be asked to approve the work item at a meeting or via letter ballot. If approved, the person who submitted the work item request normally becomes the task group chairperson. Other volunteers join with the task group chairperson to formulate the initial draft of the ASTM standard or revision. Once the ASTM task group has drafted the work item and it has been reviewed and edited by ASTM staff, the ASTM task group requests a ballot, and circulates a draft document to all members of the relevant subcommittee for voting. Members of the ASTM subcommittee have an opportunity to provide input on the draft standard, including through submitting negative votes which must be resolved individually. If approved by the ASTM subcommittee, the draft standard is sent to the main ASTM committee, where all main members have an opportunity to vote on the item and submit negative votes (which must be resolved individually). While on main committee ballot, the draft item is concurrently open for peer review of the Society, where all ASTM members have an opportunity to submit negative votes (which must be resolved individually). All standards actions, including new standards as well as revisions, withdrawals and reapprovals of existing standards, must be approved by at least 66.7 percent of the voting subcommittee members 13 and 90% of the voting main committee members (excluding abstentions), with not less than 60 percent of the voting members returning ballots. Members of the public also have the opportunity to submit comments at any point in the process. Finally, the Committee on Standards, which is made up of nine ASTM members who are appointed by the Board of Directors, ensures that all ASTM processes and procedures were followed, in which case it approves the standard or revision for publication. To the extent that ASTM has retained them, pursuant to Fed. R. Civ. P. 33(d), ASTM will produce documents from which it will be possible to derive or ascertain the involvement of individuals in the development and creation of the ASTM standards at issue in this litigation. INTERROGATORY 6: Identify all means by which the general public may Access Incorporated Standards in which you claim rights. RESPONSE TO INTERROGATORY NO. 6: ASTM incorporates the General Objections as if fully set forth herein. ASTM objects to this Interrogatory as overly broad and unduly burdensome insofar as it seeks information concerning all ASTM Standards, without regard to whether ASTM asserted a claim of infringement in connection with the Standard. ASTM further objects to this Interrogatory on the ground that the term “general public” is vague and ambiguous. ASTM further objects to this Interrogatory as overly broad and unduly burdensome insofar as it includes Standards that have been incorporated by reference by jurisdictions outside of the United States, and insofar as it extends to “Access” by individuals outside the United States. ASTM will define “Access” based on the ordinary meaning of the term. ASTM further objects to this Interrogatory on the ground that the term “Identify” is overly broad and unduly burdensome. 14 Subject to and without waiving the foregoing objections, ASTM responds that there are many ways in which interested members of the public may access ASTM standards. These include, but are not limited to, the following: First, the standards may be purchased from ASTM or one of its authorized resellers. ASTM publishes its standards in a variety of hard copy and digital formats. For example, members of the public may purchase printed copies of a standard in book form or they may purchase an electronic “.pdf” file of the standard. The cost of purchasing ASTM standards is reasonable. The cost of purchasing most ASTM standards is between $25 and $35 and the most expensive ASTM standard costs $71. Upon request, ASTM has made copies of some of its standards available at reduced rates or even at no cost to individuals or groups who have demonstrated that they have a need to use the standard and cannot afford the normal fee. Second, jurisdictions that have incorporated ASTM standards by reference frequently make copies of those standards available for access by the public at no cost. For example, the Code of Federal Regulations states that any materials incorporated by reference at the federal level must be “reasonably available to and usable by the class of persons affected by the publication.” 1 C.F.R. § 51.7(a)(4). In particular, the Office of the Federal Register and the relevant agency each must maintain a hard copy of any material incorporated by reference that is available for public inspection. See 1 C.F.R. §§ 5.2, 51.9(b)(4). State and local jurisdictions frequently have similar requirements that copies of standards incorporated by reference must be made available for inspection in government offices or designated depository libraries. Third, members of the public may obtain copies of ASTM standards in a variety of other ways, including, but not limited to, through their employers, trade associations, contractors, local governments, or libraries. Additionally, ASTM offers read-only access to standards that it is aware have been incorporated by reference into federal regulations on the reading room on the ASTM website. 15 This access allows any member of the public to view the standards without cost. Similarly, when a federal agency proposes to incorporate by reference an ASTM standard in rulemaking, ASTM works with the relevant agency to provide the public with read-only access to the standard at no cost during the public comment period. INTERROGATORY 7: Identify all communications by You to the general public to identify or explain the means by which the general public may Access Incorporated Standards in which You claim rights. RESPONSE TO INTERROGATORY NO. 7: ASTM incorporates the General Objections as if fully set forth herein. ASTM further objects to this Interrogatory on the ground that it is overly broad and unduly burdensome to the extent that it asks for ASTM to identify communications made by any person or entity other than ASTM. ASTM further objects to this Interrogatory as overly broad and unduly burdensome insofar as it seeks information concerning all ASTM Standards, without regard to whether ASTM asserted a claim of infringement in connection with the Standard. ASTM further objects to this Interrogatory on the ground that the undefined term “general public” is vague and ambiguous. ASTM further objects to this Interrogatory as overly broad and unduly burdensome insofar as it includes Standards that have been incorporated by reference by jurisdictions outside of the United States, and insofar as it extend to “Access” by individuals outside the United States. ASTM will define “Access” based on the ordinary meaning of the term. ASTM further objects to the undefined term “communications” as vague and ambiguous. ASTM further objects to this Interrogatory on the ground that the term “Identify” is overly broad and unduly burdensome. Subject to and without waiving the foregoing objections, ASTM responds that it has a marketing department that advertises and promotes all ASTM publications and products, including through brochures and mailings sent to past purchasers of particular standards. ASTM also has 16 several resellers who advertise and promote the sale of ASTM’s standards. Further, ASTM maintains a website through which members of the public can purchase ASTM standards and view copies of the ASTM standards posted in the reading room at no cost. Dated: March 24, 2014 FOR THE OBJECTIONS Respectfully submitted: /s/ Michael Clayton Michael F. Clayton (D.C. Bar: 335307) J. Kevin Fee (D.C. Bar: 494016) Jordana S. Rubel (D.C. Bar: 988423) Morgan, Lewis & Bockius LLP 1111 Pennsylvania Ave., N.W. Washington, D.C. 20004 Telephone: 202.739.5215 Email: mclayton@morganlewis.com jkfee@morganlewis.com jrubel@morganlewis.com Counsel For American Society For Testing And Materials d/b/a/ ASTM International 17 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing ASTM’s Objections and Responses to Public Resource’s First Set of Interrogatories was served this 24 day of March, 2014 via email upon the following: Counsel for National Fire Protection Association, Inc. Anjan Choudhury (Anjan.Choudhury@mto.com) Kelly M. Klaus (Kelly.Klaus@mto.com) Jonathan H. Blavin (Jonathan.Blavin@mto.com) Michael J. Mongan (Michael.Mongan@mto.com) Counsel for American Society of Heating, Refrigerating, and Air Conditioning Engineers Jeffrey S. Buckholtz (jbuckholtz@kslaw.com) Kenneth L. Steinthal (ksteinthal@kslaw.com) Joseph R. Wetzel (jwetzel@kslaw.com) Andrew Zee (azee@kslaw.com) Counsel for Public.Resource.Org, Inc. Andrew Bridges (abridges@fenwick.com) Kathleen Lu (klu@fenwick.com) David Halperin (davidhalperindc@gmail.com) Mitchell L. Stoltz (mitch@eff.org) Corynne McSherry (corynne@eff.org) Joseph Gratz (jgratz@durietangri.com) Mark Lemley (mlemley@durietangri.com) /s/ Jordana Rubel Jordana Rubel 18 EXHIBIT A Edition 1977ae 1997ae1 1979 1979 1979 1997 1979 1978 1979 1994 1992 1979 1978a 1978(1984)e 1 1979 1978 1979 1978 1976 1976 1977 Designation ASTM A36 ASTM A36/A36M ASTM A82 ASTM A184 ASTM A185 ASTM A203/A 203M ASTM A242 ASTM A285 ASTM A325 ASTM A333/A 333M ASTM A369/A 369M ASTM A441 ASTM A449 ASTM A475 ASTM A490 ASTM A496 ASTM A497 ASTM A500 ASTM A501 ASTM A502 ASTM A514 Standard Specification for Quenched and Tempered Alloy Steel Bolts for Structural Steel Joints Standard Specification for Deformed Steel Wire for Concrete Reinforcement Standard Specification for Welded Deformed Steel Wire Fabric for Concrete Reinforcement Standard Specification for Cold Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes Standard Specification for Hot Formed Welded and Seamless Carbon Steel Structural Tubing Standard Specification for Steel Structural Rivets Standard Specification for High Yield Strength, Quenched and Tempered Alloy Steel Plate, Suitable for Welding Standard Specification for Pressure Vessel Plates, Carbon Steel, Low and Intermediate Tensile Strength Standard Specification for High Strength Bolts for Structural Steel Joints Standard Specification for Seamless and Welded Steel Pipe for Low Temperature Service Standard Specification for Carbon and Ferritic Alloy Steel Forged and Bored Pipe for High Temperature Service Standard Specification for High Strength Low Alloy Structural Manganese Vanadium Steel Standard Specification for Quenched and Tempered Steel Bolts and Studs Standard Specification for Zinc Coated Steel Wire Strand TX 464 573 TX 464 573 TX 464 573 TX 464 573 TX 464 573 TX 464 573 TX 464 573 TX 464 574 TX 464 573 TX 464 573 TX 4 083 251 TX 4 083 251 TX 464 573 TX 464 573 TX 464 573 TX 4 654 921 TX 464 573 TX 464 573 TX 464 573 Copyright Registration Number TX 464 573 TX 4 873 764 Title Standard Specification for Structural Steel Standard Specification for Carbon Structural Steel Standard Specification for Cold Drawn Steel Wire for Concrete Reinforcement Standard Specification for Fabricated Deformed Steel Bar Mats for Concrete Reinforcement Standard Specification for Welded Steel Wire Fabric for Concrete Reinforcement Standard Specification for Pressure Vessel Plates, Alloy Steel, Nickel Standard Specification for High Strength Low Alloy Structural Steel 1990(1996)e1 1995b 1972(1985) 1975 1979 1979 1979a 1972(1979) 1979 1979 1979 1974 1979a 1992 1996 1996 1995 ASTM A516/A 516M ASTM A522/A 522M ASTM A520 ASTM A529 ASTM A570 ASTM A572 ASTM A588 ASTM A611 ASTM A615 ASTM A616 ASTM A617 ASTM A618 ASTM A633 ASTM B16 ASTM B21 ASTM B42 ASTM B68 Standard Specification for Hot Formed Welded and Seamless High Strength Low Alloy Structural Tubing Standard Specification for Normalized High Strength Low Alloy Structural Steel Standard Specification for Free Cutting Brass Rod, Bar and Shapes for Use in Screw Machines Standard Specification for Naval Brass Rod, Bar, and Shapes Standard Specification for Seamless Copper Pipe, Standard Sizes Standard Specification for Seamless Copper Tube, Bright Annealed Standard Specification for High Strength Low Alloy Columbium Vanadium Steels of Structural Quality Standard Specification for High Strength Low Alloy Structural Steel with 50, 000 psi Minimum Yield Point to 4 in. Thick Standard Specification for Steel, Cold rolled Sheet, Carbon, Structural Standard Specification for Deformed and Plain Billet Steel Bars for Concrete Reinforcement Standard Specification for Rail Steel Deformed and Plain Bars for Concrete Reinforcement Standard Specification for Axle Steel Deformed and Plain Bars for Concrete Reinforcement Standard Specification for Forged or Rolled 8 and 9 % Nickel Alloy Steel Flanges, Fittings, Valves, and Parts for Low Temperature Service Standard Specification for Supplementary Requirements for Seamless and Electric Resistance Welded Carbon Steel Tubular Products for High Temperature Service Conforming to ISO Recommendations For Boiler Construction Standard Specification for Structural Steel with 42,000PSI (290 Mpa) Minimum Yield Point (1/2 in. (12.7 mm) Maximum Thickness Standard Specification for Hot Rolled Carbon Steel Sheet and Strip, Structural Quality Standard Specification for Pressure Vessel Plates, Carbon Steel, for Moderate and Lower Temperature Service TX 4 243 005 TX 4 497 885 TX 4 497 885 TX 3 614 178 TX 464 573 TX 464 573 TX 464 573 TX 464 573 TX 464 573 TX 464 573 TX 464 573 TX 464 573 TX 464 573 TX 464 573 TX 1 798 078 TX 4 179 992 TX 4 654 921 1997 1996 1993 1995 1995 1996 1997a 1987 1996 1980e 1 1997 1996 1993 1984 1979 1986 1995 1979(1997) 1999a ASTM B75 ASTM B88 ASTM B96 ASTM B111 ASTM B122/B 122M ASTM B124 ASTM B152 ASTM B193 ASTM B209 ASTM B224 ASTM B280 ASTM B283 ASTM B315 ASTM B557 ASTM B580 ASTM B694 ASTM B858 ASTM C5 ASTM C150 TX 4 737 834 TX 4 475 108 TX 1 228 879 TX 2 348 166 TX 4 737 834 TX 4 497 885 TX 4 243 005 TX 4 243 005 Standard Methods of Tension Testing Wrought and Cast Aluminum and Magnesium Alloy Products Standard Specification for Anodized Oxide Coatings on Aluminum Standard Specification for Copper, Copper Alloy, and Copper Clad Stainless Steel Sheet and Strip for Electrical Cable Shielding Standard Test Method for Determination of Susceptibility to Stress Corrosion Cracking in Copper Alloys Using an Ammonia Vapor Test Standard Specification for Quicklime for Structural Purposes Standard Specification for Portland Cement TX 4 787 636 TX 7 685 927 TX 4 243 005 TX 2 110 040 TX 534 160 TX 1 689 871 Standard Specification for Seamless Copper Tube for Air Conditioning and Refrigeration Field Service TX 4 497 885 Standard Specification for Copper and Copper Alloy Die Forgings (Hot Pressed) TX 4 497 885 Standard Specification for Seamless Copper Alloy Pipe and Tube TX 4 243 005 Standard Specification for Copper Nickel Tin Alloy, Copper Nickel Zinc Alloy (Nickel Silver), and Copper Nickel Alloy Plate, Sheet, Strip and Rolled Bar Standard Specification for Copper and Copper Alloy Forging Rod, Bar, and Shapes Standard Specification for Copper Sheet, Strip, Plate, and Rolled Bar Standard Test Method for Resistivity of Electrical Conductor Materials Standard Specification for Aluminum and Aluminum Alloy Sheet and Plate Standard Classification of Coppers Standard Specification for Copper and Copper Alloy Seamless Condenser Tubes and Ferrule Stock Standard Specification for Seamless Copper Water Tube TX 4 497 885 Standard Specification for Copper Silicon Alloy Plate, Sheet, Strip, and Rolled Bar for General Purposes and Pressure Vessels TX 3 883 920 Standard Specification for Seamless Copper Tube 1997 1989(1993)e 1 1984 1980(1996)e 1 1991 1981(1995)e 1 1989(1994)e 1 2007(a) 1995 1991 1992(1995) 1958(1968) 1998a 1998 1982(1993)e 1 1989(1999) 1982(1998) 1998e 1 1995 1998b 2007(b) ASTM C177 ASTM C236 ASTM C509 ASTM C516 ASTM C518 ASTM C549 ASTM C720 ASTM D86 ASTM D129 ASTM D257 ASTM D287 ASTM D323 ASTM D388 ASTM D396 ASTM D413 ASTM D512 ASTM D611 ASTM D665 ASTM D814 ASTM D975 ASTM D975 TX 4 571 119 TX 2 210 202 TX 3 972 350 TX 4 811 646 Standard Specification for Perlite Loose Fill Insulation Standard Specification for Spray Applied Fibrous Insulation for Elevated Temperature Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure Standard Test Method for Sulfur in Petroleum Products (General Bomb Method) Standard Test Method for DC Resistance of Conductance of Insulating Materials Standard Test Method for API Gravity of Crude Petroleum and Petroleum Products (Hydrometer Method) Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method) Standard Classification of Coals by Rank Standard Specification for Fuel Oils Standard Test Method for Rubber Property Adhesion to Flexible Substrate Standard Test Methods for Chloride Ion In Water Standard Test Methods for Aniline Point and Mixed Aniline Point of Petroleum Products and Hydrocarbon Solvents Standard Test Method for Rust Preventing Characteristics of Inhibited Mineral Oil in the Presence of Water Standard Test Method for Rubber Property Vapor Transmission of Volatile Liquids Standard Specification for Diesel Fuel Oils Standard Specification for Diesel Fuel Oils TX 4 320 184 TX 4 862 934 TX 7 685 915 TX 4 862 934 TX 4 862 934 TX 4 320 184 TX 5 785 473 TX 4 951 524 TX 4 862 934 TX 4 623 459 TX 3 506 922 TX 4 862 934 TX 7 685 941 TX 4 391 188 TX 4 584 449 Standard Test Method for Steady State Heat Flux Measurements and Thermal Transmission Properties by Means of the Heat Flow Meter Apparatus TX 3 278 409 Standard Test Method for Steady State Heat Flux Measurements and Thermal Transmission Properties by Means of the Guarded Hot Plate Apparatus Standard Test Method for Steady State Thermal Performance of Building Assemblies by Means of a Guarded Hot Box Standard Specification for Cellular Elastomeric Preformed Gasket and Sealing Material Standard Specification for Vermiculite Loose Fill Thermal Insulation 1991(1995)e 1 1990(1994)e 1 1977(1983) 1993(1998) 1986(1996) 1998 1999 1967(1972) 1993(1997) 1988(1994) 1993(1997) 1993(1997) 1985(1998)e1 1989 1995 1992(1996) 1995 1997 1996 1996 1996 ASTM D976 ASTM D1072 ASTM D1193 ASTM D1217 ASTM D1253 ASTM D1266 ASTM D1298 ASTM D1335 ASTM D1412 ASTM D1415 ASTM D1480 ASTM D1481 ASTM D1518 ASTM D1535 ASTM D1552 ASTM D1687 ASTM D1688 ASTM D1835 ASTM D1890 ASTM D1943 ASTM D1945 TX 4 768 933 TX 1 374 250 Standard Test Method for Total Sulfur in Fuel Gases Standard Specification for Reagent Water Standard Test Method for Density, Relative Density (Specific Gravity), or API Gravity of Crude Petroleum and Liquid Petroleum Products by Hydrometer Method Standard Method of Test for Tuft Bind of Pile Floor Coverings Standard Test Method for Equilibrium Moisture of Coal at 96 to 97 Percent Relative Humidity and 30 Degrees Celsius Standard Practice for Rubber Property International Hardness Standard Test Method for Density and Relative Density (Specific Gravity) of Viscous Materials by Bingham Pycnometer Standard Test Method for Density and Relative Density (Specific Gravity) of Viscous Materials by Lipkin Bicapillary Pycnometer Standard Test Method for Thermal Transmittance of Textile Materials Standard Test Method for Specifying Color by the Munsell System Standard Test Method for Sulfur in Petroleum Products (High Temperature Method) Standard Test Methods for Chromium in Water Standard Test Methods for Copper in Water Standard Specification for Liquefied Petroleum (LP) Gases Standard Test Method for Beta Particle Radioactivity of Water Standard Test Method for Alpha Particle Radioactivity of Water Standard Test Method for Analysis of Natural Gas By Gas Chromatography TX 4 768 933 TX 5 369 432 TX 5 369 432 TX 4 623 459 TX 4 623 459 TX 5 345 022 TX 5 345 022 TX 4 898 491 TX 2 469 775 TX 4 623 459 TX 4 623 459 TX 4 320 184 TX 4 768 933 TX 626 132 TX 5 071 596 Standard Test Method for Residual Chlorine in Water TX 5 345 022 Standard Test Method for Sulfur in Petroleum Products (Lamp Method) TX 4 862 934 Standard Test Method for Density and Relative Density (Specific Gravity) of Liquids by Bingham Pycnometer TX 4 862 934 TX 4 623 459 Standard Test Methods for Calculated Cetane Index of Distillate Fuels 1990(1994)e 1 1986(1994) 1996 1998 1991(1996) 1998 1998 1968(1973) 1997 1992(1996) 1992(1997) 1988(1998) 1994(1999) 1987(1995) 1998 1997 1974 ASTM D1946 ASTM D2013 ASTM D2015 ASTM D2036 ASTM D2163 ASTM D2216 ASTM D2234 ASTM D2247 ASTM D2460 ASTM D2502 ASTM D2503 ASTM D2505 ASTM D2597 ASTM D2724 ASTM D2777 ASTM D2879 ASTM D2908 TX 4 768 933 TX 4 768 933 TX 4 862 934 TX 4 623 459 TX 4 623 459 TX 5 369 432 TX 648 346 TX 4 951 524 TX 5 929 602 Standard Test Method for Vapor Pressure Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope TX 5 345 022 Standard Recommended Practice for Measuring Volatile Organic Matter in Water by Aqueous Injection Gas Chromatography TX 534 158 Standard Test Method for Analysis of Demethanized Hydrocarbon Liquid Mixtures Containing Nitrogen and Carbon Dioxide by Gas Chromatography TX 5 071 596 Standard Test Methods for Bonded, Fused, and Laminated Apparel Fabrics TX 5 435 937 Standard Practice for Determination of Precision and Bias of Applicable Test Methods of Committee D 19 on Water TX 5 345 022 Standard Test Method for Laboratory Determination of Water (Moisture) Content of Soil and Rock by Mass Standard Practice for Collection of a Gross Sample of Coal Standard Method for Testing Coated Metal Specimans at 100 Percent Relative Humidity Standard Test Method for Alpha Particle Emitting Isotopes of Radium in Water Standard Test Method for Estimation of Molecular Weight (Relative Molecular Mass) of Petroleum Oils from Viscosity Measurements Standard Test Method for Relative Molecular Mass (Molecular Weight) of Hydrocarbons by Thermoelectric Measurement of Vapor Pressure Standard Test Method for Ethylene, Other Hydrocarbons, and Carbon Dioxide in High Purity Ethylene by Gas Chromatography Standard Test Method for Gross Calorific Value of Coal and Coke by the Adiabatic Bomb Calorimeter TX 4 768 933 Standard Test Method for Cyanides in Water TX 5 369 432 Standard Test Method for Analysis of Liquefied Petroleum (LP) Gases and Propane Concentrates by Gas Chromatography TX 4 623 459 Standard Practice for Analysis of Reformed Gas by Gas Chromatography Standard Method of Preparing Coal Samples for Analysis 1995a(1999) 1987(1996) 1989(1997) 1989(1997) 1989(1997) 1988(1999) 1996 1996 1995 1997 1998 1992(1996) 1995e 1 1994 1995 1997e 1 1993 1998 1999 1994 ASTM D2986 ASTM D3173 ASTM D3176 ASTM D3177 ASTM D3178 ASTM D3236 ASTM D3246 ASTM D3286 ASTM D3371 ASTM D3454 ASTM D3588 ASTM D3697 ASTM D4057 ASTM D4084 ASTM D4177 ASTM D4239 ASTM D4268 ASTM D4294 ASTM D4329 ASTM D4420 TX 5 996 821 TX 4 622 434 Standard Test Method for Determination of Aromatics in Finished Gasoline by Gas Chromatography TX 4 898 490 TX 4 951 524 TX 5 435 937 TX 4 622 434 TX 4 768 933 TX 4 622 434 TX 4 951 524 TX 4 257 533 TX 4 257 410 TX 5 369 432 TX 4 951 524 TX 5 071 596 TX 5 071 596 TX 4 951 524 TX 4 951 524 TX 4 951 524 TX 4 951 524 TX 5 202 199 Standard Test Method for Analysis of Hydrogen Sulfide in Gaseous Fuels (Lead Acetate Reaction Rate Method) Standard Practice for Automatic Sampling of Petroleum and Petroleum Products Standard Test Methods for Sulfur in the Analysis Sample of Coal and Coke Using High Temperature Tube Furnace Combustion Methods Standard Test Method for Testing Fiber Ropes Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy Dispersive X Ray Fluorescence Spectrometry Standard Practice for Fluorescent UV Exposure of Plastics Standard Test Method for Gross Calorific Value of Coal and Coke by the Isoperibol Bomb Calorimeter Standard Test Method for Nitriles in Aqueous Solution by Gas Liquid Chromatography Standard Test Method for Radium 226 in Water Standard Practice for Calculating Heat Value, Compressibility Factor, and Relative Density of Gaseous Fuels Standard Test Method for Antimony in Water Standard Practice for Manual Sampling of Petroleum and Petroleum Products Standard Practice for Evaluation of Air, Assay Media by the Monodisperse DOP (Dioctyl Phthalate) Smoke Test Standard Test Method for Moisture in the Analysis Sample of Coal and Coke Standard Practice for Ultimate Analysis of Coal and Coke Standard Test Methods for Total Sulfur in the Analysis Sample of Coal and Coke Standard Test Methods for Carbon and Hydrogen in the Analysis Sample of Coal and Coke Standard Test Method for Apparent Viscosity of Hot Metal Adhesives and Coating Materials Standard Test Method for Sulfur in Petroleum Gas by Oxidative Microcoulometry 1995 1989(1994)E 1 1998 1997 1996a 1996 1998a 1998 1998 1999 1999 1995 1993a 1990 1980 1995 1994e 1 1968(1979)e 1 ASTM D4809 ASTM D4891 ASTM D4986 ASTM D5257 ASTM D5489 ASTM D5673 ASTM D5865 ASTM D6216 ASTM D6228 ASTM D6420 ASTM D6503 ASTM E11 ASTM E29 ASTM E29 ASTM E72 ASTM E96 ASTM E145 ASTM E154 TX 4 143 803 Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications Standard Methods of Conducting Strength Tests of Panels for Building Construction Standard Test Methods for Water Vapor Transmission of Materials Standard Specification for Gravity Convection and Forced Ventilation Ovens Standard Methods of Testing Materials for Use as Vapor Barriers Under Concrete Slabs and as Ground Cover in Crawl Spaces TX 5 135 299 TX 2 210 197 TX 4 952 491 TX 4 391 188 TX 3 972 350 TX 3 460 670 TX 5 369 432 TX 5 202 199 TX 4 951 524 TX 5 202 199 TX 4 951 524 TX 5 369 432 TX 4 394 571 TX 5 345 022 TX 5 570 786 TX 4 951 524 Standard Test Method for Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and Flame Photometric Detection Standard Test Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography Mass Spectrometry Standard Test Method for Enterococci in Water Using Enterolert Standard Specification for Wire Cloth and Sieves for Testing Purposes Standard Test Method for Heating Value of Gases in Natural Gas Range by Stoichiometric Combustion Standard Test Method for Horizontal Burning Characteristics of Cellular Polymeric Materials Standard Test Method for Dissolved Hexavalent Chromium in Water by Ion Chromatography Standard Guide for Care Symbols for Care Instructions Textile Products Standard Test Method for Elements in Water by Inductively Coupled Plasma Mass Spectrometry Standard Test Method for Gross Calorific Value of Coal and Coke Standard Practice for Opacity Monitor Manufacturers to Certify Conformance with Design and Performance Specifications Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method) TX 4 622 434 1988 1987 1982 1996 1991(1999) 1971 1971 1980 1985 1979(1997)e 1 1987(1992) 1997 1997 1987(1992) 1987(1992) 1988 1990(1996) 1994 ASTM E168 ASTM E169 ASTM E185 ASTM E260 ASTM E283 ASTM E408 ASTM E424 ASTM E606 ASTM E681 ASTM E695 ASTM E711 ASTM E773 ASTM E774 ASTM E775 ASTM E776 ASTM E885 ASTM E1337 ASTM E1625 TX 3 211 547 TX 3 211 547 TX 3 689 742 TX 3 689 742 TX 5 202 198 TX 5 202 198 TX 3 689 742 TX 5 641 809 TX 2 794 050 TX 1 187 015 TX 565 130 TX 565 130 Standard Test Methods for Analyses of Metals in Refuse Derived Fuel by Atomic Absorption Spectroscopy TX 3 689 742 Standard Test Method for Determining Longitudinal Peak Braking Coefficient of Paved Surfaces Using a Standard Reference Test Tire TX 5 369 425 Standard Test Method for Determining Biodegradability of Organic Chemicals in Semi Continuous Activated Sludge (SCAS) TX 4 780 430 Standard Method of Measuring Relative Resistance of Wall, Floor, and Roof Construction to Impact Loading Standard Test Method for Gross Calorific Value of Refuse Derived Fuel by the Bomb Calorimeter Standard Test Method for Accelerated Weathering of Sealed Insulating Glass Units Standard Specifications for the Classification of the Durability of Sealed Insulating Glass Units Standard Test Methods for Total Sulfur in the Analysis Sample of Refuse Derived Fuel Standard Test Method for Forms of Chlorine in Refuse Derived Fuel Standard Methods of Test for Total Normal Emittance of Surfaces Using Inspection Meter Techniques Standard Methods of Test for Solar Energy Transmittance and Reflectance (Terrestrial) of Sheet Materials Standard Recommended Practice for Constant Amplitude Low Cycle Fatigue Testing Standard Test Method for Concentration Limits of Flammability of Chemicals Standard Practice for Conducting Surveillance Tests for Light Water Cooled Nuclear Power Reactor Vessels TX 1 210 036 Standard Practice for Packed Column Gas Chromatography TX 5 202 197 Standard Test Method for Determining Rate of Air Leakage Through Exterior Windows, Curtain Walls, and Doors Under Specified Pressure Differences Across the Specimen TX 5 202 198 Standard Practices for General Techniques of Infrared Quantitative Analysis Standard Practices for General Techniques of Ultraviolet Visible Quantitative Analysis 1997 1979(1999) 1992(1999) 1980(1985) 1993 1982a(1988) 1995 1982(1988) 1983(1988)e 1 1986(1992) 1986(1997) 1986(1996)e 1 1992 1986(1996)e 1 1987(1998) 1987(1998) 1987(1998) 1987(1998) 1988(1998) 1998 1988(1998) 1995 ASTM E1719 ASTM F462 ASTM F478 ASTM F631 ASTM F631 ASTM F682 ASTM F715 ASTM F722 ASTM F808 ASTM F1003 ASTM F1006 ASTM F1007 ASTM F1014 ASTM F1020 ASTM F1120 ASTM F1121 ASTM F1122 ASTM F1123 ASTM F1139 ASTM F1155 ASTM F1172 ASTM F1173 TX 4 862 629 TX 4 862 629 TX 3 689 742 TX 3 278 410 TX 4 780 430 TX 3 278 410 TX 4 780 430 TX 4 780 430 TX 5 139 661 TX 5 641 808 TX 4 755 309 Standard Specification for Steam Traps and Drains Standard Practice for Selection and Application of Piping System Materials Standard Specification for Fuel Oil Meters of the Volumetric Positive Displacement Type Standard Specification for Thermosetting Resin Fiberglass Pipe and Fittings to be Used for Marine Applications Standard Specification for Quick Disconnect Couplings Standard Specification for Non Metallic Expansion Joints Standard Specification for Circular Metallic Bellows Type Expansion Joints for Piping Applications Standard Specification for International Shore Connections for Marine Fire Applications TX 4 862 629 TX 4 862 629 TX 4 862 629 TX 4 862 629 TX 4 862 629 TX 4 862 629 TX 4 862 629 TX 4 862 629 Standard Specification for Pipe Line Expansion Joints of the Packed Slip Type for Marine Application TX 4 862 629 Standard Specification for Flashlights on Vessels TX 4 862 629 Standard Specification for Line Blind Valves for Marine Applications TX 4 862 629 Standard Test Method for Vapor Pressure of Liquids by Ebulliometry Standard Consumer Safety Specification for Slip Resistant Bathing Facilities Standard Specification for In Service Care of Insulating Line Hose and Covers Standard Method for Testing Full Scale Advancing Spill Removal Devices Standard Guide for Collecting Skimmer Performance Data in Controlled Environments Standard Specification for Wrought Carbon Steel Sleeve Type Pipe Couplings Standard Test Methods for Coated Fabrics Used for Oil Spill Control and Storage Standard Specification for Welded Joints for Shipboard Piping Systems Standard Guide for Collecting Skimmer Performance Data in Uncontrolled Environments Standard Specification for Searchlights on Motor Lifeboats Standard Specification for Entrainment Separators for Use in Marine Piping Applications 1988(1998) 1988(1998) 1988(1998) 1990(1995)e 1 1991(1996)e 1 1992 1993 1996 1994 1999 1990 1997 2000a 1997 2006 1999 1999 ASTM F1199 ASTM F1200 ASTM F1201 ASTM F1271 ASTM F1273 ASTM F1321 ASTM F1471 ASTM F1546/F 1546M ASTM F1548 ASTM F1951 ASTM G21 ASTM G151 ASTM G154 ASTM F747 ASTM F1193 ASTM F1950 ASTM F1957 Standard Specification for Physical Information to be Transferred With Used Amusement Rides and Devices Standard Test Method for Composite Foam Hardness Durometer Hardness Standard Practice for Operating Fluorescent Light Apparatus for UV Exposure of Nonmetallic Materials Standard Terminology Relating to Amusement Rides and Devices Standard Practice for Quality, Manufacture, and Construction of Amusement Rides and Devices Standard Test Method for Air Cleaning Performance of a High Efficiency Particulate Air Filter System Standard Specification for Fire Hose Nozzles Standard Specification for the Performance of Fittings for Use with Gasketed Mechanical Couplings Used in Piping Applications Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment Standard Practice for Determining Resistance of Synthetic Polymeric Materials to Fungi Standard Practice for Exposing Nonmetallic Materials in Accelerated Test Devices that Use Laboratory Light Sources Standard Specification for Tank Vent Flame Arresters Standard Guide for Conducting a Stability Test (Lightweight Survey and Inclining Experiment) to Determine Light Ship Displacement and Centers of Gravity of a Vessel TX 5 641 808 TX 5 641 808 TX 7 685 943 TX 5 641 808 TX 4 952 491 TX 4 755 309 TX 4 143 803 TX 5 641 808 TX 4 862 629 TX 3 936 504 TX 4 862 629 TX 4 862 629 TX 4 862 629 Standard Specification for Fluid Conditioner Fittings in TX 4 862 629 Piping Applications Above Zero Degrees F Standard Specification for Impact Attenuation of Surfacing Materials Within the Use Zone of Playground Equipment TX 4 862 629 Standard Specification for Cast (All Temperatures and Pressures) and Welded Pipe Line Strainers (150 psig and 150 Degrees F Maximum) TX 4 862 629 Standard Specification for Fabricated (Welded) Pipe Line Strainers (Above 150 psig and 150°F) TX 4 862 629

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