ML20134P938

Requests Input for OMB Circular A-119 Annual Rept Federal Participation in Development & Use of Voluntary Standards. Requested Info Should Be Submitted to Gc Millman by 961213

ML20134P938
Person / Time
Issue date:	11/21/1996
From:	Jocelyn Craig NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To:	Morrison D NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
Shared Package
ML20134P934	List: ML20134P932 ML20134P938
References
NUDOCS 9611290390
Download: ML20134P938 (15)

Text

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o mossoq l

y *a UNITED STATES

5 j

NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20066 4001

\,*****/

j November 21, 1996 i

! MEMORANDUM.TO: David L. Morrison, Director

Office of Nuclear Regulatory Research j Frank J. Miraglia, Acting Director j Office of Nuclear Reactor Regulation Carl A. Paperiello, . Director SOffice of Nuclear Material Safety and fi S ard FROM

o'nW.Craig,DepufyDirector  !

/( Division of Engineeting Technology l l Office of Nuclear Regulatory Research

SUBJECT:

OFFICE INPUT FOR OMB CIRCULAR A-119 ANNUAL REPORT 1

OMB Circular A-119, " Federal Participation in the Development and Use of Voluntary Standards," (Enclosure 1) requires that each Federal agency submit ll an annual report on the status of agency interaction with voluntary standards bodies. The Circular provides for designation of an agency Standards Executive who is responsible for agency-wide implementation of the Circular's provisions. As the designated NRC Standards Executive, I am requesting input i from you for the noted annual report. Although the Circular addresses many i issues associated with staff participation on codes and standards activities,

which will be addressed in the future, the response to this memorandum focuses

! on the information needed to prepare the annual report, which must be j submitted to the Department of Commerce, National Institute of Standards and Technology by December 31, 1996.

Enclosure 2 identifies the specific information required for the annual j report. Information relevant to Item No. I has already been obtained through i a survey in March 1996 of each program, staff, and regional office; therefore, you need not address that item. Your office is requested to provide the

information identified in Enclosure 2 Item Nos. 2 through 5 for the period October 1, 1995, through September 30, 1996. Item Nos. 2 and 3 should include

the applicable standard and method of adoption, and Item Nos. 4 and 5 should 4 include the method of adoption for each standard identified.

4 Please provide the requested information to Gilbert C. Millman (Program Manager, Codes and Standards) by December 13, 1996. If your staff have 1

questions or require further information, please have them contact Mr. Millman at 415-5843.

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PDR ORG NRRA PDR

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, Enclosure 1

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Federal Register / Val 58, No. 205 / Tcsd:y, Oct:ber 26, 1993 / Notices 57643 I '

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~-t rete entided lapstient and Outpetloot Rates. N patient wi!! be responsible for both 1

the cost of the haplesale)and , ' rates.

Nees:

.:2,- The impleets and procedures used for the ougmentstjon mammaplasty are la comp!!ance with Federal Drug Administra

• Bach nelonal'lipessamy will carry a espamie staglans include bend med neck, abdomen. Banks, and higs.

3 e name ,,. _ __.mo inchasive la stie adoar i Isistems. Hewever, OtAMPUS seperstes thee as noted bere. All, charges are for the entire tresament reymDess of the number of visits required.

} For the period begleming Ossober 1,19e3, the rates prescribed herela superseded those established by the Direciar of the OfBos ofM . t and Sedsst as October 27,1992 (57 0'R ese42).

j Detsd: Omober te. sees.

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Aresser Office e/Manassenest andBudget.

{ (FR Doc. eS-36322 Ftied 10-25 43; 8:45 aml l essmeease mene w l

l Revielen of oasB circular No. A-119, the guidance letterfrom the De Policy Gaidelines Notles of Arnplementellon ofJustice that was attached to 1982 Aosucv:Of5m ofManagement and vasta of ab hlaraim b Whebd One comment was received from 6

{ Buded. to the revised Ciralar. OMB requested Enyironmelal ,

from the Department ofJustice a new '-- - ning Actioss: h OfEco of Management and Pam5r*P h a cisuse k ad[sta est Bu guidance letter, or a letter reefErming (OMB)is issuing a revised when properly conducted stan

- b 1982 letter.Jusdos has provided on of OMB CscularNo. A-119, OMB with a letter ofreafErmation.ht could " promote the concepts of "Federe! Participation in the Pollution prevention and the use of later ud the 1982 guidance IWter Dowlopment and Use of Voluntary follow the text of the Orcular. mcycled content materials. ng hes Standards."b Orcular has been been added to the Orcular.

revised to foster greater agency use of DeEnitions Numerous comments were received voluntary standards, particularly in Many commenters requested the regarding secdon 7.a. on Reliance on light of recently stated national objectives,and to inonese the deledon of the term " conformity Voluntary Standards. Many commenters assesanent procedures"as were concerned about tb terminology effectiveness of the Orcadar. definition of a "staedard.** part of the used in paragre .a.(2) governing

1. 0 la A 119 N yersielftha a in p p, g p r erona'to onelly aampted."

Private standards,and agency conformity as8es8 ment Procedures be Ntlanguage ta deleted from the document. Some of reDect the comments recel from the ges and standards.developingpedon gg,, ,w=amantsin wluntary suggestedstandards that the issue Of5ce of the United States Trade j grou Perucipation in auch grou of conformity assessment be covered in Representative (USTRJ. i occur whenitisla the pu[ic a mpush OMB h while obrs W <====% wwe roosind a believed that theissue was simpl subescaloes 7.a.(4) and 7.b.(4) giving I"'" "' "" h [ * ( I*,gH*

• e government issue. At this time,y OMB notpreference to voluntary standards pTrides, and budge resource'. s believes A-119 la not the proper vehicle roSec11ag the eestric system.Many  ;

to address the complexleeue of ---areceived - " = that cAfts:The revised Orcular is effectI" i

'"""d'"'afy tapon issuance. conformity ma-t and therefore all metric units always be tissed first with mierences to conformi a-t English unitsin theels er that POR PURmDI ofpOmeATICII 00errACT: l procedures have been metric units be only units listed.

Oirls }ordan. Policy Ofsce of Several commenters rarw ===adad Other comunenters were concerned that

. Federal Procairement ,72517th that the definitions.asrrently in use in Street NW., Washington, OMB advocating a "hard" conversion to 20503. Orcular A-119 eney be ambiguous, and snetriccouldlead to econostic Telephone (202) 395-4803. To obtain a cePy of the Orcular, please contact the therefore should be allesed to reDect the herdships in some industry sectors or definitionsbolag usedin the GATT havean adverseaffect on adety Executive OfBee of the T. ident's Standards Code. OMB camelderations.OMB believes that b

, Publications OfBee et (202) 395-7332. understands the for this suret.aserrARYINF0meATIOlg. -===dadaa it is our belief that the. Orcialer, as at is currently written.

adequately seGects the inesation of -

"""""" E*oelved current deRaitions in the Graalar are . Executive Order 12770, topromote the .

not adminterpoted and have use of the smetric system of .

Comunsets were reasived fromi43 served weIL1besefore,we menemomentsin au espects of.

private sector art""'""""' drea 12 bellow that these definitions government business,whom Federal Government marielma and imm et this time snetters and -a,=t1 feasible. As is stated at the H privateladividualsIn to the would,therefore,be i~ ,,_., Y- beginalag ph y, standards F

forcomment in the Other -a=*=s . activities, not properly conducted.

Ragleteren 30,1992.1he deSaltions abould be to the can have en adverse ofinat se health and foBowingisas analyels of the Oscader for the tenas "enviran=artally safety, trade and commerce,and can comunents received and the changes sound"and " energy am,4-e".OMB su free and fair competition. Itis made to the Q calar. ,

believes that these tenne are adequately not that the promotion of An initial m==da*t= was made described in Emscastive Order 12780, standards uslag the metric system

. by theIn Committee en

.- and therefore should not be rede$ned in supersede the concerns expreemd

'siandards .1 bey requested that en CMB Onadar. . earlier in the Orcular repuding posible EDO -- G960880

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! 57644 Federal Registir / Vcl. 58. No. 205 / Tuesday. October 26, 1993 / Notices 5

economic hardships or beslth and safety available to the public. OMB agrees with should not prove to be overly j considerations, both of these mmments, and has added burdensome. $en the important nature i

Sixteen cor'unenters including 6 a new ph s.a.(4) which states of this pohey.OMB believes that ' I f Federal agendes and the P _- "( N wili) establish ' I following the develo 1 c-ittee on Standards,.w. y rocedures by ag.ndes wm e,seort.s.b , roc.pment ofsa,JEe addmssedlasues related toagency d,evelop the harmonised direderies ladividualagency soports willbe  !

l employee parudpationla standards dancribed in paragraph g.b.(2)d and

developing bodies. A key lasue with all produced should not be excessinly  !

establish procedures to make these time consuming.

i the comunsaters loaased on ethia, and dissaories available to the public."

i under what drcumstances an Under sedian s.b.concerning the Sewre!-- =s addressed b employee an partidpate.To subjed of what spedfic data should be that responsibilities of the heads of agencies. lacluded in the report. Most of these saatter.OMB asked for an opinien there was a in sub ph 2. =====ts suggested that the proposed the 00los of Government Ethics (OGE). that the agenc designate cata request was too broad,and not opinion =pardAr=tly states that a seniorlevelofBcial"ywith agency-wide possibly. net the accessh i *froni en ethics point of view,the responsibility"to im seencies.

Orcular does not raise major concerns." Circular. At the --- plement in the past.OMB has not

' == of thethe on % subject:howeverOMB believes specific However.OMB rendads federal InteragencyCounden Standards

! employees partidpating in standards Policy, the leagunge has been mod 1Ged that in order to allow the esency to

! developing activides that they, as the develop trend data,and more l to state that the Standards Enocantive Orcular states, should refrein toni must be a senior level of5dal "who will adequately assess agency compliance I decisla=== Mag involvement in the be responsible for - -W.d- with b Orcular, sped 6c data must be latemal day.to< lay management of such implementation of tliis discular."b requested.brefore, b data request i bodies, has been changed to more adequately originallanguage was to I r- reflect current agency dpation in l; - .is ensure that the issue o y untary standards developing standards was given pro ies and b )

Another revision to the Orcular was throughout each agency;per attention extent to which this partidpetion has '

the paragroph added as section s.a.(4) bowever OMB ages that the proposed language may led to the adoption of voluntary concerning responsibilities of the standards. In addition. OMB will have been too restrictive for sorne l Secretary M Canmerce. 'Ns proposed agendes. request identification of all voluntary section read:"The Secretary will Also under section 8.b., Ian standards ado [nted by each agency for gursue,with ternational other organizations,nations theandmutual proposed in subparagroph b. tbage wouldwas[yf, P hj y]oU"bnergy

" ensure" that Iwo or more agendes .n I remgnition of standards. Including etScient materials, reducts* s 'tems'

partidpating in a given voluntary coaformance assessment procedures." standards body, coordinate their views wrvica w Pred i

OMB received many comments from on matters of great importance. Severs] Ned Omner 2o. m3.

1 industry organizations and standards commenters noted that this could be in Atlas V. Surunaa.

{ developers ====aading that h violation of some procedural rules of Administrosor, offsce ofrederof Proevirrnent i sodion be deleted.nelt concern was certain standards develop bodies. Nicy.

] primarily that b lasue of conformance and could inoense the lika of assessment was too complex for the icircular Na A-t19.Revisedl i

! scope of this Orcular. In addition, the block voting. As r===-da 1 by b To b Heads MEmacudw  !

i Interagency ra==fttee on Standards USTR stated its opposition to the Policy, the following clause has been Departments and Establishments. '

l Anclusion of this ph on the basis added to the end of that ==retaa.

Subject:

Federal Partidpadon in the 1 that delegation authority to the "*

Development and Use of Voluntary i Secretary of ca===ce would be *

• and,where not feasible,a. Standards.

j mutual tion of affmenom..

inappropriate bemuse the hade 1. Purpose. his Orcular =='ah i Agr=====*= Act states that OMB laten by making this change to b document,that, on mettare of Policy tobe followed by suscutlw i representation of the United States pararnount importance* agency agencies in working with voluntary .

before laternational standards representatives should meet and discuss standards bodies. k also setablishes developingbodies shallbe carried out by the their respealw posidens. If the licy to be followed by emacutin

' -' = asomber-4he diffmont =tdaan of the agencias agenciasin adopting and using i pdvate h'uilvidual who holds involved makea campsomise not volutitary standarda.

! membershipla thelaternational possible, then the partidpanta should 2. Famed ==laan his Orcular etandards- . ' ^E nerefore,the

,1 advocate his respective a supersedes OMB Orcular No. A-119.

enmien s.a(4) has been deleted position to the standards _4 gency's dated October 28.1982.whkh is

theOromler.

i p 8""d"d"d Severalcoussents wuse recahed (ag.OMB simply wants ency partidpents make ato ensure that 3.

i i

r -- maan concerning194i. p.io neof,rori. ion feia .nortiocoordinate strvC'en onan Navod. Government prod =as or e-vien that funalons I

these important issues. must meet rehable standards.Many widedirecaeriesof .

j standards Esporting Eageirunents ' such standards, appropriate or

'A few adaptable forthe Coverninent's indsding the Twenty an==== tare reconnaended purposes, are avulleble frean vote'

{ Comandetes en Standards to the "= voluntary standards bodies.

j t Policy.m=== dad that e comanon ne  : 'o"n participation in the standards-solated i format be used in i---S- . ^ of these Standards m - dad th'st activities of these voluntary bodies directories.Other-=" ts were insteed of the provides lacentives and opportunities to I secolved from b private secaer reporting q_ proposed _

n a biennial annual establish standards that earn national i request $ag that a provision be added to j requirernent would be sufBdent. OMB - needs,and the adoption of voluntary ensure that these directories are made believes that b annual r i,.:. i' standards # m. practicable ana j -

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Federal Register / Vol. 58. No. 205 / Tuesday, October 26, 1993 / Notices 57645

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! appropriate elim!nales b costs to b establish, or coordinate voluntary Govemment of develo its own standards.

and conflicts ofInterest. it should also i I be noted, however, that the provisions standards. untary f. Standoids.denlopinggroups are standards also of this Orcular are intended for intarael the policy of committees. boards, or any other ont purposes only and are not nliance upon thepdvetesedor to Prindpalsubdivisions of voluntary int to D)cmete delayin b I supply Government aseds for and standards bodia, established by such  !

. administrouw process, (2) provide new services asenunciatedin Orcadar bodies for the purpose of developing, da forjudidalreview,or(3)czsete i No. A-76,*'Performanos of Commerdal revising.or revie standards,and rights enforceable against agencia Acdvides.- ,

which are bound by procedures of or itofBoers.N following policy

4. A phoebility.'! bis Orcular applies those bodies. . guidelines am provided to' assist and '

t .to all tlw agency 3. Adopt #on means the use of the

petion in governimplementation ofthe policy 1 voluntary standards vities,domesde latest edition of a voluntary standard in enundstad in peregraph 6.

i ' and inurnadonal, but not 2 acdvida whole,in part, or by refsanos for a. Rebence on voluntaryStandards.

carried out P""" " 2 treades and procurement purposes and the inclusion (1) Voluntary standards that will serve intenedonaIsundsdiandon of the latest edition of a voluntary agendes' and are consistent

'8"**** standard in whole. In part, or by with a laws and tions i s mierace la ngulation(sk ' ' .

shou adopted and by Fedent O gnitions. As used in this h.secretarymeans the of agendes in the intesests of ter aJaecutiw agency (beminaAer s econceny and of5clency, they are Commma or that Secretary'f

6. Policy. It is the policy o the .I

, referred to as " agency,,) means any fically prohibited by law from executive department. Inde Covernment in'lts procurement and so.

{

cornmission, board, bureau, office,pendentregulatory acuvities to

(2 tornational standards should be agency.Gowrnment. owned or s. Rely on voluntary standards, both considwed in procurement and i dormsuc and international, whenever controlled corporation or other regulatory applications in the interests establishment of the Federal feasible and consistent with the law and of promoting trade and implementing

. Gowrnment.includingregulatory regulation pursuant io law; the provisions of the Agreement on

b. Partlopete in wtantary standards Technical Barriers to Trade and the g commission or board. It does not include the legislative or judicial bodies when such participation is in the Agreement on Government Procurement i public interest and is compatible with (commonly reformd to as the " Standards brarmhes of the Federal Govemment. agencies' missions, authorities,

} Code" and the " Procurement Code",

b. Standard means a prescribed set of prioritim. and budget resources; and respectiwly.)

j rules, conditions,or requirements

' c. Coordinate agency dpation in (3) Voluntary standards should be concerned with the definition of terms: voluntary standards 'es so that (1) i classification of com ts: given preference over non-rnandatory l

the most effective use is made of agenc delineadon or p ures,spedfication resources and representadves; and (2) ysuch Gowrnment

! of dimensions, materials. performance. voluntary standards standards would unless use of the views expressed by such adwreely affect performance or cost.

! design, or operadons; measurement of representatives am in the public interest reduce competition, or how other j quality and quantity in describing i materials, products, systems, services, and, as a minimum, do not conflict with significant disedvantages.

j the inwrests and established views of (4)In adopting and using voluntary or practices; or descripdons of fit and the agencies.

j measurement of size.

c. VoluntaryStandards are

7. Policy Guidelines. In implementin standards,d those base on perictmance crite the policy established by this Orcular.g when such criteria may reasonably be i established generally by private sector agencies should recognise the positive i used in lieu of design, material,or

' bodies, both domestic and laternational, contr'.budon of standards development construction criwria. Preference should and are available for use by any person and related activides. When properly or organisation, private or also be given. In light of stated national

conducted, standards development can goals and objecoves,to the adopdon

.u,.rM b term includes what increase productivity and emciency in and use of voluntary standards that (i) are ===anly referred to as " industry Government and industry, expand reflect the metric system of )

standards"as well as " consensus opportunities for international trade, measurement and (ii) foster materials, standards".but does not include conserve resources, improve health and products, syetans. services, or praedces j professional standards of personal safety, and promote the concepts of that are environmentally sound and conduct. lasutudonal codes of ethics pollution prevendon and the use of el5cient.

privete standards ofindividual Snns, or recycled content meterials. It also must (5 oluntary standards adopted by standards mandated by law,such as be recogniand, however, that these Federal agendes should be regeeenced, those contained in the United States activities. Ifimproperly conducted. cen along wita their detes ofissuance and Phannacopeia and the National suppress free and fair com sources ofevellability. In a priate Fonsulary, as referenced in 21 U.S.C. Impede innovedon and publicadens, regulatory ast. .and progrees, exclude safor and less relatedin.housestam==nes Such

d. Government $sandardsinclude expensive products, or otherwise adoption should take into account the ladividualagency standardsand adversely affect trade,comunerco, requirmnents ofcopyright and other apedScadens as wellas Federaland health,orsafety Fullaccountin .

similar metrictions.

Military standards and padamela== carrying out thls policy shall be taken of (6) Agencies should not be inhibited,

s. Falantarystandardsbodies are thelas on the economy,a licable if within their statutory authorities, private secsor domesdc er laternational Fed laws, lides, and na from developing and using Government organisadone- oudi as nonproSt objectives, uding. for example, laws standards in the event that voluntary organizadons. ladustry associadons, and regulations relating to andtrust, standards bodies cannot ordo not local and saaalal sociedes, national security, small business, develop a needed, acceptable standard

' 's tutes, orgroups, and moognised test product safety. enc t in a timely fashion.Nor should the laboratories-that plan, develop, metriestion, technological development, policy contained in this Orcular be

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57648 Federal Register / Vcl. 58. No. 205 / Tuesday. October 26, 1993 / Notices f ,

{ construed to commit any to the be limited to that which is clearly in 8. Responsibilities.

j use of avoluntary which, after furtherance of an agency's mission and a. The Secutary will:

! due consideration,is. in its aplat= responsibility. Normally, the total (t) Coordinate and foster executive

E--'7 % does not mest statutory amount of Federal support should be no branch implementation of the policy in

! critaria. or is otherwise inappmpnate. greater than that of all private endor - Paragraph a of thisOrcular,and may j b. Artic im Volunasy. partidpants in that activity except when Provide administrative guidance to l

) Standards It is in the dined and predominant assist agencias in implementing '

(1) by knowledgeable interest of the Government to develop a ' p'arograph s.b.(2)(d) of this Orcular, t agencyem in the standards standard or revision thereto and its (2) Establish an interagency i j acti standards bodass development appears unlikely in the consultatin Ant == to advise b l 4 and standarde developing proups, both absence of such su De form of Secretary and headsin j da==adir and 8""- should be support.su to and ' impta===arlag policy contained i actively =1 ' and authority, may ude

herein. net r=achanism shall provide

! agencyoEldalsimben promoted aimaa' (a Duod Baancial support:e.g.. for participation by all a5ected agendes

the psevisions of ph ab. grants, sustaining memberships, and . and ensure that their views are

(2) Agency who, at contracts

considered:

i Government partidpete in (b) Administretive support;e.g.,trevel (3) Report to the OfSco of

?

standards acti of voluntary costa. hosting of meetings, and Management and Budget concoming

! daada'ds bodies and standards- secretarial functions: Implementadon of this Orcular: and i developing groups should do so in their (c) Technical support; eg.. (4) Mahhah procedures by which

] goverrunental capadth as sp-h!!y cooperative testing for standards agencies will develop the directories cuthoriand tatives, evaluation and partidpotion of age described in paragraph ab(2)(d), and (3) A tion in voluntary personnelin the activith of stand s- establish procedures to make these standards and standards- developing ps and directories available to the public.

d:veloping groups does not, ofitself. (d) Joint uning with voluntary b. The heads of agencies concerned

connoteagency at with, or standards les to fedlitate a with standards will

i ondorsement of, ons reached by coordinated effort in identifyt'ng and (1) Implement the policy in paragraph such bodies and groups or of standards developing needed standards. 6 of this Greular in acx:ordance with the epproved and published by voluntary (8) Partidpation by agency policy guidelines in paragraph 7 within l st:ndards indies. representatives in the pohcymaking 120 days ofissuance; i (4) Partidpation by agency process of voluntary standards bodies. (2) \"ithin 120 days of issuance. shall l representadves should be aimed at in acx:ordance with the procedures of designate a senior level ofEdel as the i contributing to the dewtopment of those bodies, is encouraged-- Standards Executive who will be

! vsluntary standards that (a) will particularly in metters such as responsible for agency wide climinate the necessity for development establishing priorities, dowloping implementation of titis Orcular.De or maintenance of separate Government Procedures for pmparing, reviewing. Standards Executive's responsibilities standarda, and (b) will further such and approving standards, and creating will indude, but not be limited to:

i national is and obhcsives as standarde developing groups. In order to (a) Establishing procedures to ensure in use of(i) the snetnc system of maintain the private. nongowrnsmental ,

that agency representatives partidpating anassurement, and (ii) environmentally nature of such bodies however. agency in voluntary standards bodies and sound and energy of5 dent materials. repmsentatives should refrain from standards developing groups will, to the products, systems, services. or predices. decisionmaking involwment in the extent possible, ascertain the views of l (5) Agency representatives serving as intamal day-to< lay management of such the agency on metters of paremount i members of standards developing bodies (e.g., eclection of salaried offiars interest and w!!!, as a minimum.' express -

i groupe abould partidpote saively and and ornployees, establishment of staff views that are not inansistent or in -

i on a basis of equality with private sector salaries and administrative policies). conflid with established agency views:

! representatives. In doing so, agency (9) nis Orct:lar does not provide (b) Ensuring. when two or more

representatives should not seek to guidance concoming the internal agencies partidpete in a given voluntary I dominste euch groups. Actim oPereting procedures that may be standards body or standards devetoping partidpotion is intended to indude full applicable to voluntary standards bodies group, that they coordinate hir views involveseent in Atar=== tons and because of their relationships to on matters of paramount importance so i technial debstas, registering of a es under this Orcular. Agencies as to present whenever feasible, a

! cplalons and, if selected, serving as Id. bowever, carefully consider single, unined position and, where not i chairpersons or in other ofEclal what laws or rules may apply in a feasible, a mutual recognition of j capedtles. Agency ar. n8 ves may Particular ladam:n bemuse of these differences:

i vote. in accordance with the procedures mlationships. For example, theos (c) Cooperating with the Secretary in i

of b voluntary standards body, et each relationships raay involve the Federal (arrying out his responsibilities under

! stage of standards dowlopment, unless Advisory committee Act, as amended (5 this Oscular:

a specifically prohibited frosa doing so by U.S.C. App. I) or a provision of an (d) Consulting with the Secretary, as

law or their agencies. authorizing statute for a particular nama==ry. in the development and j (6)He number ofindividualagency agency. Agencies are best able tn issuance ofintomal agency procedures 4 partidpents in a given soluntary determine what iews and polides and guidance ireplementing this -

! standards activity abould be kept to b should govern particular relationships Orcular, including the development i minimum required foreffective and to assoas the estent to whidi and harmonized implementation of an i

presentation of the various program, competition may be enhanced and cost- agency-wide directory identifying

! technical, or other concerns of Federal efractiveness increased. Questions agency employees partidpatingin j agendes. - . relating to anti 4 rust impliations of standards dewtoping groups:and j (7) he. of Agency support such mlationshi should be addressed (e) Subenitting. In response to the

13avohmtary acsivfty abould to the Attorney request of the Secretary, reports on the i

a

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4 Federal Register / Vol. 58. No. 205 / Tuesday. October 26, 1993 / Notices 57647 f status of agency interedjon with the development of voluntary standards and which would ellrninete the rigid "due

', voluntary standards bodies. the me of such standards in promroment. pmoses" promedition to federal (3) Review thalt adsting standards regulatory and other applicauons. panicipation in private standards oc6vities.

! within Eve years oflasuana of this At b tinse eat Ormlar A-119 was last Such a preconditloc is overty metnchw, Circular, and at least once every five mvWd. b tdJusdce.inaJune since as a pacdcol menw ledem!'apacia

} 22.1982 letter Acting Assistaat

! years therenAer, and replace those for will often De required to adopt h standafds Attorney ceneral for Antitrust Itcoald C. dewtoped rusardless of feder:1 participeuon j , which an adequate and appropriate Carr, edvind OMB concerning &

} voluntary standard can be substituted. in their dewlopment. %us. In our view &

cornpetitive beneSts and potential problems better solution is to participate la standards j , 9. Reportmg Reguusmerris. One year that can insult Irces industry dew of setting bodies and work within them to 4

froen the date ofissuance of this voluntary standards. I have that assure that appropriate procedwes are i Orcular, and every year thereafter, the letter e copy of which is enclosed. la light odopted i Setzstary will submit to the Offi o of of CNs's current revisloa ofQ:cular A-ste no Department believes that federal j m--

1

- -~ ^ and Sudget a brief, and I how detenaland that it continues participants abould encoway the adopuon accurately to state the ?- _ . - t's views of procedures to foster ecosas to standard I, 88mmary NPen on h status dagency i interadion with voluntary standards ,_,,ning Federal participatios . untary setting activttles and tr- -- . ;y in such bodies. As a sainimum, the soport will standademetiaq assanistions. ectivides. such pmoedurd docilitate the

! Frarnthe " - - t of tion policy, developsnoot of standards acceptable to the

, include the following information: Federal employee's who in the entire aNacted lad as well as to s.The nature and extent of agency dewtopment ofladustry should be consumers. la , notice and 4 participation in the developreent and awam that the potential for anticompetitiw opportunity for comument help assure that

) utillantion of voluntary standards, harm resulting frorn ladustry standards standards will be based on adequate i including. setting can be reduced to the entsat that such information as to their utility and i (1) the nuanber of agency employees P'oC diag' 8"

• Pen and transpermet and consequences. Moreover. it is especially participating in at least one standards Provide an opportunity far notics and important that performance criteria be given

. develop P. mmad to a8y Penmi potenually a5ected a pmeninent perhaps pmdominant, place in j (2) the num cf voluntary standards by b promulgation of the proposed any standards oeuvity. Federal ocy

, the agency has adopted sina the last standards. Th adoption d performance sprosecutiva.brefore, abo ad m e.

rs.her then design standards also helps as strongly as possible, procedures designed report which result from a8ency considerably to reduce competitive concems to assure that a broad rense ofinformation is participation in a standards developing Thus,it is appropriate that Federal personnel solicited.and that performance critena em

! group: who perticipete in vuluotary standards. central elements of the resulting standards.

j 13) the number of standards the dewtoping bodies advocate these principles to addit;oo to b practial advantages of

agency has replaced as a msult of the wbeneyw possible. At th earne time. Federet open standards pmceedaags,such asfaguards a

requirsments set forth in paragraph Personnel should understand that their would mitigets the substantial 8b.(3). Participedon I. the standards-estting process enticom iuve potentiallaherent la privete

h. Identification of anI voluntary generally does not confer andtrust immunity stan ssmups. N irn of assuring i

q standards that have been adopted for the on industry panicipects, and Federal ad personnel should make clear that their wo)unto consideration o cornpeduon of private standards bodies was noted in b j Purpose of prosnoting environmentall

, sound and energy e!!ident materials. y presena does not imply Federal approval of recently by th Supreme Court la Amerscon

' any particular etendarde eetting prowns or of soewty ofMechonicof Engineere. Jae. v.

Products. qstems, services or practices. any ruulting standards. Hydrolewt Corp. W case involved a

c. An evaluation of the effectiveness sincerely, product standard which had been adopted in

of the policy promulgated in this Ana, x, sisigasean, 46 states and all but one of the Canadian

! Orcular and recoensnet5dations for Assistant Att #"*IC,"  ; Provinces.The Court observed that i changs. organisstloos cresung such senadards muld 8C 8uN*

i 10. AmficyReview.The polj be " rife with opportunities for i

. containedinthisOrcularshal be U.S. Departmesd of Justics. Aatstrust antimenpetitiw actidy." Pederal associos reviewed for .secovene.s by the ofsco Di+ies -

of Management and Budget thme years lune 22.1os2.

g,ag'a=s,',r.,,1lls*o,,T;*aan,

,,e viewpoints and intemets laduding those of j from the date of!rm Mr. Donald E. sowie consumers. and potential or existing industry l 11. Inquiries. Forinformation Administmtor for Federal Procurensent participanta.

! concerning this Carcular, contact the Policy. Offim ofMonogement and This country's laternational obligations OfEco of"- -- :nt and Budget. 8udset. WodirWfon.DC2050J. and policy, as expressed in the standards

' O!Bos of Feder"al Procausment Policy. Dear Mr. Sowk i en writing to express the code - r-"- f d the Tokyo Round of telephone 202/395-4003. Vi'ws of b E ----- ^ of Justice se the Multilateral Trade tions. ase the h E. Pensen. (DroPetition pc.Iicy issues releed by the Agreement on Ta4alcal to Trade.

MI' esser. Revised OMB Orcular No. A-119." Federal codified at 19 U.S.C.A. 2531 af seg. (1900).

Participation in the Devel and Use of peovide another lamportant reasos der lederal U.S. Department ofJustina. Amtstrust Voluntary Standards" for egency participeats to encourage the me,gsgem comment la the F Registeren April 20. edopues of opes r. - -.- _ for private July IF N iss2 (<7 Fed. Rag,14. 919). standards grou .'!his Code, appmvod by g,,,,,a a-te os previous draAs of the Congress as we as by our leading trading Mr. ABan V.Bunnan. partners, caeks to provost the creation of Adednisentor,OfPice redsrelprocwoment Orcular. dated December 2s.1976 and June hiky.Excedw - ofthePresident, 33,3373 we bay supported a federal adoption of privetely . '; i.f policy of product standards whidi disorialaste Officeof"- . __ andBudest. standards when appropriate, agalast import -n '-_'

contralgovernamatal It tottuises

^ bodies as provide IvesMqsfem.DCJoses. pdtscipedos is, and eup for, vote nouco and opportanty to cosnaset la their Deer Mr. Bannen: i ens writing la regard standards snaking activt , agencies may , own standards maklag activities, and to smemorandian ofJune 25,1993 benefit greatly frame vote and encourages governments to take ressoasble comments conceslag OMB's will avoid the d ofcost snessume to ensure that seasgovermnestal to CMB Orcadar A-116 and e5 art involved la their own bodies prwide similar protecdoaMhem the petion in the C.. .' ; t in-bouse reandards. The Department of federal goveruneet is la lect lavolved la the

' , and Use of Voluntary Standania." This Justice is not o to the private group, the obyltions of the Orcular secourages Federal participation la announced in OMB A-119, Standards Code would ePPear even stronger 1- ~, -

Enclosure 2 Individual Office Input to OMB Circular A-Il9 Annual Report Period Covered: October 1. 1995 - September 30. 1996 Item Office Input.

Information Request No* Number [ Standard Title (year Method of Adoption]d),,,,)

1 Number of agency (office) employees N/A N/A participating in at least one standards developing group [ Identify standards developing organization (SDO)]

2 Number of voluntary standards the agency (office) has adopted since 10/1/95 which resulted from agency participation in a standards developing group. [ Identify standard and method of adoption) 3 Number of internal standards agency (office) has replaced with voluntary consensus standards [ Identify standard and method of adoption]

4 Identify any voluntary standards that have been adopted for the purpose of promoting environmentally sound and energy efficient materials, products,.

systems, services, or practices.

[ Identify method of adoption]

5 Identify any voluntary standards, for -

which there is an ongoing action, that could be adopted by the agency during FY 97. [ Identify intended method of adoption]

. (2,3,4,5): Indicates applicability to item Nos.

_,,,.w, m -w --wwww-m~*"*+

• M e rn s 1s .

f;' ,

QndsJ '

EDO Principal Correspondence Control i FROM DUE: 12/13/96 EDO CONTROL: G960880 DOC DT: 10/26/93 i FINAL REPLY:

OMB

/

[TO:

JL L

NRC

((} R[,

'FOR SIGNATURE OF : ** GRN ** CRC NO:

DESCs. ROUTING:

ANNUAL REPORT TO DEPT.-OF COMMERCE ON STATUS OF Taylor

' AGENCY INTERACTIONS WITH VOLUNTARY STANDARDS Milhoan

' BODIES-Thompson Blaha DATE: 11/21/96 ASSIGi(ED TO: '

CONTACT: -

,(

RES

-(NRR Morrison  % /

NMSS MiWID Paperiello SPECIAL INSTRUCTIONS OR REMARKS:

\

RES, NRR, & NMSS provide input for report by 12/13/96-to Gilbert Millman, RES, in accordance with. instructions in the attached 11/21/96 memo from' John Craig.

RES prepare annual report to Commerce by 12/27/96.

NRR RECEIVED: NOVEMBER 21, 1996 NRR ACTION: DRPM: MARTIN

.NRR ROUTING: MIRAGLIA ACTION THADANI ~~-

E@Eli"^" i DUE TO NRR D! REC 10ffS OFFICE MARTIN t B0HRER-g g , j g I

. - _ _ _ . _ - _ _ _ . ~ _.__ _ .- _ -. . - _ . _ _ _ _ _ _ _ _ _ _ . . . _ . . - - - . _ . . . . _ _ _

. , ,, Enclosure 1 . .

'~

Federal Register */ Vcl. 58, No. 205-/ Tabsday, October 26, 1993 / Notic,s 4 .

57643

!O j

cosmetic surgery eso and et the full reimbursement rate. entitled Inpetlent and Outpatient Rates. The patient will be sosponsibl the cost of the implanlis) prescribed rates.

i.

i Nees: The implants and procedures used for the augmentation ===== plasty are in compliance with Federal Drug Administra suae::1 s.

l r Bach regional kr=*-y will carry a esperate charge. Regions include heed and neck. abdomen. Banks and hips.

e These ;ooceduses me inclusive la this minor sua les6ons. However, OfAMPUS separates them as noted here. All charg for the eethe humaneet sagentless of the number of visits requised.

f

! of"For rthe period beglanleg the4=r 1,1903. the rates prescribed herein'euperseded those established by the Director of the OfBce t and Budest onrm.,27,1992 ;57 CPR 4s042).

Dated: Ocsober 19. less.

1een E.Femena, i .

Dhector, Offin ofMaaspsasant and Buket. '

l IFR Doc. 93-26322 Filed 10-25-03; a:45 aml saAsiaonessww Revlolon of OM8 Circular No. A-119, the guldaar= leHerfross the De t Policy Gefdelines -

NoGoe ofimplementellon ofJustice that was attached to 1982 l One comment was received imm the i AcmeCV: Office ofManagement and vmsion of the Oscularalsobe stuchd

! Budgd. to the revised Orcular. OMB requested Environmental Protection Agency from the Department ofJustics a new recoinmending est in se opening

! ACTION:h OfEco of Manage: cent and guidance letter, or a letter reefErming Pamgraph a clause be added stating that l Bu (OMB)is issuing a revised when properly conducted standards

• the 1982 letter.Jusdce has provided

on of OMB Orcular No. A-119, OMB with a letter ofreefErmation.ht could " promote the concepts of I

• Federal Participation in the letter and the 1982 guidance letter Pollution prevention and the use of I

i Development and Use of Voluntary follow the text of the Orcular. recycled content materials."ht has I

Standards."W Gscular has been been added to the Orcular.

revised to foster greater agency use of DeEnitions

! Numerous comments were received voluntary standards, particularly in Many commenters requested the regard!ag section 7.a. on Ra11ance on j light of recently stated national

, objecuves,and to increase the deledon of the term " conformity Voluntary Standards. Many commenters assessment procedures"as were comarned about the terminology I effectiveness of the Oscular. definition of a " standard." part of the used in paragraph 7.a.(2) governing i

I . suan4AnY:OMB Orcular No. A-119 Consequently many of these voluntary =*==dasds "that are

! Provides policies on Federal use of commenters i lt that all reference'to internationally recognized or amepted."

Privah standards,and agency conformity assessment procedures be ht language has been to l d deleted fruen the document.Some of reflect the <===ents recel from the 1

i ges and standants developingPmu-in mmments

-i-imFsug,est.d -dm* eat ea usue Ofom of e. unit.d Stat.r,ed.

of conformity assessment be covered in Representative (USTR).

I Q.Participati uch gro a wpamh OMB dscular whib oems W n===-h m malvh gg,,,jg,",,"P*ubbwl&Pu c believed that the issue was simply not subsections 7.a.(4) and 7.b.(4)siving agenda' missions a government issue. At thletime,OMB prefwence to voluntary standards prioriti"'""d 4,ueorides, 8"""'**** believes A-119 is not the proper vehicle reGecting theinstric s to address the complexlasue of commentsreceived ystem.Many -dad ~hat DATES: h revised Oscular is effective t Isanallawly uponlasuance, conformity assessment and therefore all metric units always be listed Erst with references to conformity assessment English unitsin thesis or that

Fon runmuispososAT Oss contact: procedures have been deleted. metric units be only units listed.

! Qiris Jordan. Policy Analyst, Office of Severel,===aaters recommended

. Federal Procurement Policy, 72517th Other n==-tors were concerned that

} that the dennitions. currently in use in OMB advocating a "hard" conversion to i, Street,NW., Washington, DC 20503. Oscular A-119 may be amblguous, and metric could lead to economic g Tekphone(202) 395-4803.To obtain a 8'- therefore should be altered to reDect the hardships in sosne industry sectors or copy of the Oscular, please contact the deAnitionsbeing usedin the GATT l have an adverse affed on esfoty

. Executive OfEco of thePresident's Standards Code. Alth OMB emanidasetions. OMB believes that the l*, Publications OfBos at (202) 395-7332. understands the reti forthis . Oscular,as it is curantly written.

surrusseNTAnysooneAAf ON

m-dation, itis our belief that the adequately roGects the intention of .

4

^====e= Recoind current de8nitions in the Orcular are . Rwar dve Order 12770,topromote the c notbeing misinterpreted and have use of the anotdcsystem of I .

Conunents were received from 43 . served their well.'Iberefore, we measurennentsin allaspeds of l private sector organizations, from 12 believe that these definitions government business,where .

, Federal Governament entitles, and frosa at this time coul confuse matters and i 34 privateindividualsin -trail feasible. Asis stated at the to the would, therefore, be inappropriate. beginning paragraph 7, standards forcomument la the Other <=====* ass activities, not properlyconducted, j F Registeron 20,1992.b definitionsshouldbe to the a

can have en adverse a5ect on health and followingis an an'a lysis ofthe Q cular forthe terms"enviran-rally safety, trade and commerce,and can

<=== mats received and the changes sound"and"enagy etBelent".OMB suppress fue and fair competition. It is 1 made to the Orcular. ., , believes that these terms are adequately notintended that the promotion of j An initialm==adarian was made described in E==rnrive Order 127a0, standards using the snetricsystem i *

. by theIn comunittee on . and therefore should not be redefined in supersede the concerne expressed j . ' Standards .'Ibeyrequested that

' an OMB Q cular. . earlier in the Orcular regarding possible a ..

4 I

EDO -- G960880 t

j .

l 57644 Federal Regist:r / Vol. 58,' No. 205 / Tuesday, October 26, 1993 / Notices ,

economic hardships or health and safety evallable to the public. OMB agrees with should not prove to be overly considerations, both of these comments, and has added burdensome, given the important nature  !

Sixteen cornmenters, including a a new paragraph 8.a.(4) which states of this poli .OMB believes that Federal agencies and the P 1 y *(ne Seastary will) establish following development of <

Committee on Standards Policy, procedures by which agencies will directories,the process bywhi b addressed issues related to agency develop the harmonized directories l em individual agency reports will be pation in standards described in ph 8.b.(2)d., and d pmduced should not be excessinly bodies. A k issue with all establish uses to make these time -a== lag.

the ==n==nters facu on ethics,and directories available to the public." Several =====r s addressed b under what circumstances an Under section 8.b.concoming the subject of what specific data should be employee can partidpate.To that responsibilities of the heads of agencies, included la the report.Most of these matter.OMB asked foran opinien there was a in ph 2. comments u M thattheproposed

! the Osce ofGovernment Ethlm (OGE). that the te dets uest was too broad,and I

not opinion spedScal states that a seniorlevelom "with agency-wide Ib .netaccessible the agencies.

• froen an athlm point o the responsibili to implement the h past,OMB has not Orcular does not reise major concoms." Grcular. At as fic on of the on this subjed:however OMB lieves

'However, OMB r==Inda fedesal lateregency on Standards em partidpating in standards that in order to allow the agency to Policy, the language has been modified develop trend data, and more oplag activities that they,as b to state that the Standards Executin ad untely assess Orcular states, should refrain fresa compliance deciala=== Hag involvement in the must be a senior level ofBcial "who will wi h Orcular, speci c data must be be responsible for . wide int rnal requested.nerefore, h data request bodies , day 4o day management of such implementation of "De has been changed to more adequately originallanguage was to reDect current a rtidpation in

__m,.,

ensure that the issue v untary standards dont les and the standards was van proper attention extent to which t

Another mvision to the Orcular was throughout s partidpation has however OMB led to the ado tion of voluntary tha paragraph added as section SA(4) agrees that the pro language may conmming ponsibilities of th. standards.In ddition,OMB will have been too restrictive for some Secmtaryo Canmerce.Ws sed agencies. request identification of all voluntary l

section rud:"ne Secutary wi Also under section 8.b.,Ian age was standards ed ted by each agency for ursue,with other nations and proposed in subparagraph b. t would the purpose o remotin aternational organizations, the mutual environmentally safe ank energy

• ensure" that two or more agendes moognition ofstandards, including partid in a given vol etlicient materials, products, systems, conformana esse ==ans procedures., stan y, coordinate the ews vias or predim.

OMB received many comments from on matters of groot importana. Several Dead Mal =' 20.1993.

Industry organizations and standards mmmenters noted that this could be in Allan v.suruman.

devslopers r=ca==anding that this violation ofsome promdural rules of Administmeer.Officeofrederol,%-..... .7f section be deleted.nsitconarn was certain standards developing bodies. Policy.

primarily that the issue of conformance and could inaease the likelihood of (Orcular Nc6 A-119 Revised!

. assessment was too complex for the block voting. As recommended the ecope of this Orcular. In addition, the To the Heads of Executive Int Committee on Stan USTR stated its opposition to the Departments and Establishments.

Poli , following clause hss been inclusion of this ph on the basis add to the end of that section: SubI'd:FederalPartid tion in the that delegation authort to the ** *

• and,where not feasible, a Secretary of r%n=erce would kment and Use of Voluntary mutual tion of differences."

• in:ppropriate bemuse the'Dede OMB inten making this change to 1. Purpose.%Is Orcular estabhshes l Agreernents Act states that the document, t, on mattare of Policy to be followed by executive a tation of the United States paramount importana, agency '

agenciesin wwking with vduntary -

fore latemational standards representatives should meet and discuss standards bodies. it also establishes developing bodies shall be arried out hir respective positions.If the li to be followed b executive i by the organization - ' s--h -

different missions of the agencies agencies in ad ting and using private individual who holds involved mais a compromise not voluntary standards.

mornbershipin the intomational possible. then the partidpants should 2.Resdssions.Ms Orcular 3 standards organistion. nesefore, the advocate their respective age 's su os OMB Grcular No. A-119, reposed semian 8.a(4) has been deleted position to the standards ping da ed October 26,1962, which is -

the Orcular. group. OMB simply wants to ensure that resdnded. .

Several-===ts were received h partici ts make a good 3. Background. Government functions

dien on faith it to coo to their views on often invoin reducts a services that l concerning the L pes to the must meet

, -t o agency. these important issues. ble standards. Many ,

wide dimmeries of in such standards, appropriate or IL* Porting * . . -

standards deve .'A few adaptable for the Government's indudingthe Twenty na===nters recommended purposes, are available from private -

Comunittee on Standards changes to the reporting requirements. voluntary standards bodies. Government J Policy, m=== dad that a common %e Interagency Committeeon on in the standards-related l format be used in developenent of these Standards Policy reca== ended tl'at ' activt of these voluntary bodies j directories.Othercomments were instead of the proposed annual provides incentives and opportunities to i received from the private sector reporting requirement, a biennial establish standards that serve national j request $ag that a provision be added to trement would be sufBelent.OMB > needs,and the adoption of volun l ensure that these directories em made be eyes that the annual requiremerit

• standards,whenever practiable an l

-.w-y- - y- -m g. y w-

_ ___ _ ~ - - - - - - - - - - - - - - - - - - ' ' ~ ~ ~ ~ " ~ ~~~

1 1

l.N' * ~

l . ,

Federal Register / Vol. 58, No, ~205 / Tuesday, October 26, 1993 / Notices 57645 '

/ .* '

! appropriate, eliminates the costs to the establish, or coordinate voluntary and conflicts ofinterest. It should also Govemment of ' f -its own standards. be noted, however, that the provisions '

l standards. ofvehntary f. Standar ds.developirig groups are of this Circular are intended for intemal i standards also the policy of - a>mmittees, boards, or any other '

reliance upon thepdvete esctor to

• Principalsubdivisionsofvoluntary = --- t p)urposes intended to (t createonly delay and are not in tim '

! oupply Government needs for goods' and standards bodies, established by such

administrative process,(2) provide new servions, as ennadd=4 in OMB Orcular bodies for the purpose ofi (;' ., -

nds for judicial review,or(3) amate  :

i . No. A-76,"Perfonnance of Commen:tal revising, or reviewing standards, and rights enforceable against agencies i Activities." which are bound by the i.,+n 12 of or their officers. 'Ibe following policy i -

4. A phcohlfity.This Orcular applies thou bodies. . guidelines are pmvided teiassist and

! .to all ici g. Adoption means the use of the ,

govern implementation of the policy tive agency vities,pation in edition of a voluntary standard in enundated i voluntary standards domestic latest in paragraph 6. .

4 and latemational, but not to activities whole,la part,orby reference for l 1

a. Jiallona on VolunforyStandards.

carried out pursuant to treetles and Procurement purposes and the inclusion (t) Voluntary standards that will serve .

l I laternational standardisation of the latest edition of a voluntary agucles' and an nanaldaat i standard in whole,in part, or" by with a laws and lations

! nitions. As used in this refamace in regulation (s). shoub adopted and y Fedwal Orcule- h,_ _

f means the of agencies in the interests ofgreater s economy and efficiency, unless they are

a.Faecutim agency (hereinafter Commerce 4

referred to as , agency") means any

6. Policy.Itoris that Seastery'f the policy o the oral specifically pmhlbited 1.y law from executive department, independent Government in'lts procurement and doing so. I

. commission, board, bureau, office, regulatory activities to: (2) international standards should be

s. Rely on voluntary standards,both considered in pmcurement and agency, Govemment. owned or domestic and intomational, whenever controlled corporation orother regulatory applications in the interests establishment of the Federal feasible and consistent with the law and of promoting trade and implementing regulation pursuant to lew; the provisions of the Agreement on

. Govemment, including regulatory b. Particapate in voluntary standards commission or board. It does not Technical Barriers to Trade and the include the legislative or judicial bodies when such participation is in the Agreement on Govemment Pmcurement public interest and is compatible with (commonly referred to as the " Standards brarmhes of the Federal Govemment. agencies' missions, authorities, Code" and the " Procurement Code",

I b.Sundordmeans a prescribed set of priorities, and budget resources; and rules, conditions, or requirements c. Coordinate agency cipation in resp)ectively.)(3 Voluntary standards

! conostned with the definition of terms; voluntary standards -es so that (t) given preference over non. mandatory 3 classification of com ts; the most effective use is made of agency Government standards unless use of l delineation or p ures, specification resources and representatives; and (2) l of dimensions, materials, performance, such voluntary standards would the views expressed by such adversely afled performana or cost, i design, or operations; measurement of representatives are in the public interest reduce competition, or have other i quality and quantityin describing < and, as a minimum, do not conflict with sinnifiant d' isadvantages.

materials, products, systems, services, the interests and established views of j '[4)in adopting and using voluntary or practicos; or descriptions of fit and the agencies. standards, preference should be given to t measurement of size. 7. Policy Guidelines. In implementing those based on performance criteria l c. VoluntaryStandards are tlw policy established by this Circular, i when such criteria may reasonably be established generally by private sector agencies should recognize the positive used in lieu of design, material,or

! j bodies, both domestic and intomational, contribution of standards development construction criteria. Preference abould i and are available for use by any person and related activities. When properly also be given, in light of stated national i or organization, private or conducted, standards development an goals and objectives, to the adoption l governmental.The term includes what increase productivity and efficiency in j

and use of voluntary standards that (i) i are commonly referred to as " industry Government and industry, expand reflect the metric system of  !

q standards"as well as" consensus opportunities for international trade, measurement, and (ii) foster materials, h standards",but does not include D conserve resources, improve health and products, systems, services, or practices professional standards of personal safety, and promote the concepts of that are environmentally sound and

condud, institutional codes of ethics, pollution prevention and the use of e efRcient.

private standards ofladividual firms, or recycled content materials. It also must - (5 oluntary standards adopted by

! standards mandated bylaw, such as be recognised, however,that these Federal agencies should be referenced, those contained in the United States activities, ifimproperly conduded, can along with their dates of issuance and Pharmacopeia and the National suppress free and fair com tion, sources of availability,in appropriate Formulary, as referenced in 21 U.S.C. Irnpede innovation and Ical publications, regulatory orders, and 351. progress, exclude safer and less related in-house documents.Such 3

d. Government Standardsinclude expensive products, or otherwise adoption should take into account the j individualagencystandardsand advessely effect trede, commerce, requirements ofcopyright and other

specifimtions as wellas Federaland health,or safety. Full account in . - similar restrictions.

Military standards and specifications. carrying out this policy shall be taken of (6) Agencies should not be inhibited.

e. Voluntarystandards bodies are the impact on the economy, applicable if within their statutory authorities, private endor domestic or international Federal laws, policies, and national from developing and using Government i organisations-such as nonprofit objectives, including, for example, laws standards in the event that voluntary organisations, industry aseodations, and regulations relating to antitrust, standards bodies cannot ordo not .

I professional and techalm1 societies, national security,smallbusiness, develop a needed, acceptable standard

?

? ' institutes, or groups, and recognized test product safety, environment, in a timely fashion.Nor should the' j laboratoriee-that plan, develop, metrication, technologial development, policy contained in this Circular be 4

- .r -

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i i * +

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57646 Fedwal Register / Vol. 58, No. 205 / Tuesday, October 26, 1993 / Notices

!' construed to commit an to the be limited to that which is clearly in 8. Responsibilities.

. use of avoluntary stan after furtherance of an agency's mission and a. The Secretary will:

! due consideration, is, in its opinion, responsibility. Normally, the total (1) Coordinate and foster executive

! la ' ;- " .does not mest statutory amount of Federal support abould be no branch implementation of the policy in criteria, or is otherwise inappmpriate. greater than that of all private sector r paragraph 6 of thisOrcular,and may

b. Bertid in Voluntary, participants in that activity except when Provide administrative guidance to St ndards It is in the direct and predominant - assistagenciesinimplementing (1) by Em' '

• le 1

interest of the Government to develop a ' paragraph 8.b.(2)(d) of this Orcular; l agencyem in the standards standard or revision thereto and its (2) Establish an interagency

activities v = sand ==ds bodies development appears unlbly in the consultative inadanism to advise the

and ps,both absence of such su he form of Secretary and aponey heads in j domestic and should be agency support,su tolegaland implamaa lar une policy contained '

actively = - - ' and promoted by budgetary authority, may include: herein.n'et maA== Ism shall provide I e

agencyama.ia irban consistent with (a) Direct Snancial support; e.g., for participation by all affected agencies

} the provisions of ph ab. grants, surtaining memberships, and . and ensure that their views are

(2s Assocyem who,at contracts; considered; i i Covem==a8 expense, partidpate la (b) Administrative support;e.g.,trevel (3) Report to the Office of 1 j standards activities of voluntary costs, hosting of meetings, and Management and Budget conarning

daad-ds bodies and standards- seastarial functions; implementation of this Orcular; and j d:veloping groups should do so in their (c) Technical support; e.g., (4) Establish procedures by which i governmental capacities as speciScally cooperative testing for standards agencies will develop the directories

! cuthoriand resentatives. evaluation and participation of agency described in paragraph 8b(2)(d), and

! (3) Age tion in voluntary personnel in the activities of standards- establish procedures to make these 1 st:ndards an standards- developi ps; and directories available to the public.

j dzvtloping groups does not, of itself, (d) Joint nning with voluntary b.The heads of agencies concerned

connota agency agreement with,or standards les to facilitate a with standards will

j endorsement of, decisions reached by coordinated effort in identifying and (1) Implement the policy in paragraph j ruch bodies and groups or of standards developing needed standards. 6 of this Orcular in accordance with the j approved and published by voluntary (8) Participation by agency policy guidelines in paragraph 7 within ,

i etzndards bodaes. representatives in the policymaking 120 days ofissuance; i

(4) Participation by agency process of voluntary standards bodies, (2) Ylithin 120 days of issuance, shall I t representatives should be aimed at in accordance with the procedures of designate a senior level official as the i j contributing to the development of those bodies,is encouraged- Standards Executive who will be i voluntary standards that (a) will particularly in matters such as responsible for agency. wide i

eliminate the nemesity for development establishing priorities, developing implementation of this Circular.no cr maintenance of separate Govemment Procedures for pmparing, reviewing. Standards Executive's responsibilities l st:ndards,and (b) will furthersuch and approving standards, and creating willinclude, but not be limited to:

i a:tional is and objectives as standarde-developing groups. In order to (a) Establishing procedures to ensure in use of(1) the metric system of maintain the private, nongovernmental that agency representatives participating l* measurement, and (ii) environmentally nature of such bodies, however, agency in voluntary standards bodies and i sound and energy efficient materials, representatives should refrain from standards. developing groups will, to the l products, systems, services, or practims. decisionmaking involvement in the extent possible, ascertain the views of

(5) Agency representatives serving as intemal day 4o. day management of such the agency on matters of paramount j members of standards <leveloping bodies (e.g., selection of salaried officers interest and will, as a minimum,' express

• groups should partidpate adively and and employees, establishment of staff views that are not inconsistent or in -

on a basis of equality with private sedor salaries and adrninistrative policies). conflict with established agency views:

representatives. In doing so, agency (9) his Orcular does not provide (b) Ensuring.when two or more representatives should not seek to guidance cxmceming the intomal agencies participate in a given voluntary dominate such groups. Adive operating procedures that may be - standards body or standards.devetoping

) participation is intended to include full applicable to voluntary standards bodies group, that they mordinate their views inv:lvement in discussions and because of their relationships to on matters of paramount importance so technical debates, registering of agencies under this Orcular, Agencies as to present, whenever feasible, a epinions and,if selected, serving as should, however, carefully consider single, unified position and, where not ch:irpersons orin other official what laws or rules may apply in a feasible, a mutual recognition of cspecities. Agency representatives may Particular instance because of these differences:

vots,in econrdance with the procedums relationships. For example', these (c) Cooperating with the Secretary in cf the voluntary mandards body, at endi relationships may involve the Federal carrying out his responsibilities under strge of standards development, unless Advisory committee Ad.as amended (5 this Orcular; epedfically prohibited imm doing so by U.S.C. App. I), or a provision of an (d) Consulting with the Secretary, as law or their agendes. authorizing statute for a particular necessary,in the development and.

(6)ne numberofladividualagency agency. Agencies are best able to issuance ofintemal agency procedures.

partidpants in a given voluntary determine what laws and polides and guidance imphmenting this st:ndards activity abould be kept to the should govern particular relationships Orcular, including the development minimum requhod for effedive and to assess the extent to which and harmonized implementation of an presentation of the various program, competition may be enhanad and cost- agency-wide directory identifying technial, or other conoorns of Federal eIIectiveness Inosaned. Questions . agency employees partidpating in relating to anti 4 rust impliations of standards developing groups: and ag(tncies. - -

7)De providing of Agency support such relationships should be addressed (e) Submitting,in response to the to a vahme=ry mandaids activity abould to the Attorney General. request of the Secretary, reports on the

. - - - - i

l i

I i

1 l '. - -

Federal Register / Vol. 58, No. 205 / Tuesday, October 26, 1993 / Notices l 57647 '

} *

status of agency interodion with the development of voluntary standards and which would eliminate h rigid "due voluntary standards bodaes. the m of such standards in promrument, promss" precondition to federal l f regulatory and other applications.

(3) Review their --i= Hag standards participation in private standards acevides.

within See ofi====== of this At the time that Circular A-119 was last such a prooonditior. is overly restridive.

Orcular, revised, the since as a 4

best once'"I Ave t of)ustice.in a June 1 metter federal agencies 22.1982 letter Acting Assistant will often required to adopt b standafds i years therenher,and lace those for Attorney General for Antitrust Ronald C. developed less of federal participation l . whichanadaguatean appropnate Carr. advised OMB concerning b - in their dm t.Hus,in our view, b i voluntary standard can be substituted. cornpetiuve benefits and potential problems better solution is to participate in standards 1

. 9.Reportmg Requirements.One year that can result from industry dmlo t of setting bodies and work within them to 1 from the date of a..n==a= of this voluntary standards.1 have that assure that appropriate procedures are

! Orcular, and every year thereafter, the 3*tter, a copy of which is enclosed. in light adopted. 1

} Sometary willsubmit to the Office of of OMB's current revision of Circular A-119 The Department believes that federal l

u_ and I have detennined that it continues i

- - - ^ and W e brbf, participants should encourage the adoption j accurately to state the Department's views of procedures to foster acesse to standard ' 1 l summary report on &e status of agency concerningFederalparticipation .wantary setting activities and 1 insuch  !

i interaction with voluntary standards standards. setting organtastions. ectivities. such procedures Escilitate the

bodies. As a minimum, the report will Frorn the standpoint of competition policy, dewtopment of standards acceptable to the )

laclude the following information: Federal employees who participate in the , entire affected industry as well as to l a.De asture and extent of agency dowlopment ofindustry standards should be consumers. In particular, notice and 1 participation la the development and aware that the potential for enticompetitive opportunity for comment help assun that utilization of voluntary standards. hann resulting from industry standards standards will be based on adequate i

including: . setting can be reduced to the extent that such information as to their utility and ,

! (1) the number of agency empi Proceedings are open and transparent and consequences. Moreover. it is especially

! partici in at least one stand Pmvide an opportunity for notice and important that performana altaria be given j C mment t any Person potentially affected

• devel group. a prorninent. perhaps predominant, place in (2) number o' f voluntary standards by the promulgation of the proposed any standards activity. Federal acy standards. The adoption of performance representatives,therefore, shou advocate, the agency has adopted since the last re.her than design standards also helps , as strongly as possible, promdures designed

** Port which result from a8ency considerably to reduce competitive concerns. to assure that a bmed range ofinformation is j participation in a standards developing Thus, it is appropriate that Federal personnel solicited, and that performance criteria are

who participate in voluntary standards. central elements of the resulting standards.

group

he (3) t number of standards the developing bodies advocate these principles in addition to the practical advantages of agency has replaced as a result of the whmm possible. At the same time. Federal open standards prar==<hnge. such saisguards

!' Personnel should understand that their would mitigate the substantial I

requirements set forth in paragraph participatin in the standards.setdag proosss antican itiw potentialinherent in private generally does not confer antitrust imrnunity sten i 8b.(3)[lentification of anI volunI'#I b.1 standards that have been adopted for the on industry participants, and Federal ad s groups.The importana of assuring j personnel should make clear that their woEuste of private cunsideration of cornpetition standards bodies was noted in the i Purpose of promoting environmentally presenen does not imply Federal approval of recently by the supreme Court in American

sound and energy ofBcient materials, any particular standards.eetting pmcess or of society of Meehenica1 Engineers. Jac. v. -

4 products, systems, services or predices. any resulting standards. Hydrolewl Corp.The caos involved a

{ c. An evaluation of the effectiveness Sincerely, product standard which had been adopted in of the policy ptomulgated in this Anne K. singaman, 46 states and all but one of theran=<tian l

Orcularand :=rwnmendations for 3,,;,,on,arro,,,7 c,n,,of, Provinces.no Court observed that organisations creating such standards could Enclaur*

10. Review.ne li- be ** rife with opportunities for

. contained thisOrcularsha$l be UA D8Partment of Jweica, Antatrust antiemnpetiuve activity." Federal agencies reviewed for effectivenessIb the Office Division oughMo stmagly amumge them printo of- - gmups to ensure consideration of all relevant

t and Budget three years lune 22.1982. viewpoints and interests including those of from the~date ofissuance. Mr. Donald E. Sowie

11. Inquiries.Forinformation consumere, and potential or existing industry

' Administmtor for rederoI Procurement participanta.

concerning this Circular, contact the Policy. Office ofMonagement and

{ Budget. Washington, DC2050<t.

This country's international obligations 1 OfEco of Management and Budget. and policy, as expressed in the Standards OfEco of Federal Procurement Policy.

Dear Mr. Sowle:

I am writing to express the Code negotiated during the Tokyo Round of i telephone 202/395-6803. views of the Department of Justice on the Muhliateral Trade Negotiations. see the 4

• h F. Pensus, mmpetition policy issues raised by the Agreement on Technical Barriere to Trade.

Revised OMB Circular No. A-119, ** Federal codified at 19 U.S.C.A. 2531 et seg. (1980),

j h Participation in the Develo t and Use of provide another impostant mason for iederal UK Departmount ofJustica, Antitrust Voluntary Standards" had for egency participants to encourage the

! Division comment in the Register on April 20 edoption of open procedums for private 4

v fuyy 27.ms. 1982 (47 Fed. Reg 16,919) standards grou .%is Code, approved by Mr. Allan V. Burman, 3,,,,,=n-ts on previous drafts of the Congress as we as by ourleading trading l

} Circular, dated sw==har 26,1976 and June partners, paeks to prevent the creation of '

adm = = r. Or - orredsmi = _ nt u. im.we beve mpporied a p,oduci siendards vruch die,# i s.  !

hlicy Emacutive Ofsos of the Psesident, federal adoption of',f privately L,oner of against import comp'etition. It requhus Officeof f andBudget, standards when appropriate.nrough control,,_ ' bodies to provide WesMqssen.DCJ0$03. palticipation in, and sup for, private notics and opportunity to comment in their

Dear Mr. Burman:

I am writing in regard standards making activit ,egencies may , own standards maklag activities, and toyour memorendum of June 25,1993, benefit greatly from vote expertise and ,encxr. reges governments to taks :=-abla solici -==asa concerning OMB's willavoid the duplication ofcost enessures to ensure that nongovernmental changes to DMB Circular A-119 and effort involved in developlag their own bodies provide similar protection. Where the

, **Fpdaral Participation in the tr' .-- t in-house standards.na F z - tof federal govermnent is in fact involved in the and Useof Voluntary Standards."nis Justice is not opposed to tid icy private smop,the obligations of the .

Orcular encourages Pederal participation in announced in Revised OMB Ier A-119, Standards Code would appear even stmnger, t

p n=tiv p3  % UNITED STATES sI j t

NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20565-0001 "s***** /

November 21, 1996 MEMORANDUM T0: David L. Morrison, Director Office of Nuclear Regulatory Research Frank J. Miraglia, Acting Director Office of Nuclear Reactor Regulation Carl A. Paperiello, Director Office of Nuclear Material Safety and FROM: Jo'hn W. Craig, Depuf,y Director

/1 Division of Engineeting Technology

) Office of Nuclear Regulatory Research  ;

SUBJECT:

0FFICE INPUT FOR OMB CIRCULAR A-119 ANNUAL REPORT  !

1 OMB Circular A-119, " Federal Participation in the Development and Use of Voluntary Standards," (Enclosure 1) requires that each Federal agency submit an annual report on the status of agency interaction with voluntary standards bodies. The Circular provides for designation of an agency Standards Executive who is responsible for agency-wide implementation of the Circular's provisions. As the designated NRC Standards Executive, I am requesting input from you for the noted annual report. Although the Circular addresses many issues associated with staff participation on codes and standards activities, which will be addressed in the future, the response to this memorandum focuses on the information needed to prepare the annual report, which must be submitted to the Department of Commerce, National Institute of Standards and Technology by December 31, 1996.

Enclosure 2 identifies the specific information required for the annual s report. Information relevant to Item No. I has already been obtained through I

a survey in March 1996 of each program, staff, and regional office; therefore, you need not address that item. Your office is requested to provide the information identified in Enclosure 2 Item Nos. 2 through 5 for the period l October 1, 1995, through September 30, 1996. Item Nos. 2 and 3 should include the applicable standard and method of adoption, and Item Nos. 4 and 5 should include the method of adoption for each standard identified.

Please provide the requested information to Gilbert C. Millman (Program Manager, Codes and Standards) by December 13, 1996. If your staff have questions or require further information, please have them contact Mr. Millman at 415-5843.

. _ . . _ _ _ _ _ _ _ _ - . _ . _ . _ . . _ . _ . _ _ . . . _ - _ _ _ . . - . . . _ . _ . _ - - ~ _ . _ - - - _ - - - _ _ _ _ . . . . _ _ . . _ .

P l

Enclosure 2 t

Individual Office Input to OMB Circular A-Il9 Annual Report  :

Period Covered: October 1. 1995 - September 30. 1996

~

.0fficeiInput t Item- Information)Requesti .

iMethodTofi Adoption]!**** O' 1 Number of agency (office) employees N/A N/A  !

participating in at least one standards i developing group [ Identify standards  !

developing organization (SDO)]

2 Number of voluntary standards the agency  !

(office) has adopted since 10/1/95 which  !

resulted from agency participation'in a l standards developing group. [ Identify-standard and method of adoption] [

3 Number of internal standards agency -

(office) has replaced with voluntary l consensus standards [ Identify standard and method of adoption]

4 Identify any voluntary standards that  :

have been adopted for the purpose of promoting environmentally sound and energy efficient materials, products, i systems, services, or practices.-

[ Identify method of adoption]

5 Identify any voluntary standards, for  ;

which there is an ongoing action, that-could be adopted by the agency during .f FY 97. [ Identify intended method of adoption] t l

. (2,3,4,5): Indicates applicability to Item Nos. t

,