ML20217C433
| ML20217C433 | |
| Person / Time | |
|---|---|
| Issue date: | 03/10/1998 |
| From: | Knapp M NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Hedden O AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 9803270005 | |
| Download: ML20217C433 (18) | |
Text
March 10, 1998 Mr. Owen F. Hidden, Chiirman ASME Secti:n XI, SC on Nucle r Inservice inspection
' ABB/CE Nucl;cr Operations Departmsnt 9841-1934 2000 Dayhill Road Windsor, CT 06095-0500
Dear Mr. Hedden:
I would like to nominste Mrs. Andrea D. Lee to replace Mr. David Terao, as the authorized NRC staff representative on the ASME Section XI Working Group on Pressure Testing. Mrs. Lee is j
on the staff of the branch within the Office of Nuclear Reactor Regulation that has primary responsibility for reviewing pressure-temperature limit evaluations. The completed ASME Codes & Standards Personnel Form (PF-1) for Mrs. Lee is enclosed.
In accordance with OMB Circular A-119, " Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities," February 19,1998, the participation on a committee of an authorized NRC staff representative does not connote agency agreement with, or endorsement of, decisions reached by the committee, or of standaids approved and published as a result of the committee's efforts. Agency representatives participating on standards developing groups will, to the extent possible, ascertain the views of the agency on matters of interest and will express views that are consistent with established agency views. I have enclosed the full text of the circular for your information.
Correspondence should be addressed to: ATTN: Andrea D. Lee, U.S. Nuclear Regulatory Commission, M/S O-7D4, Washington DC 20555. (voice: (301) 415-2735; fax: (301) 415-2444
- or E-mail: adwi@nrc. gov)
Thank you very much for the opportunity to participue in the activity of your Committee.
Sincerely,
-/s/ Joseph A. Murphy for Malcolm R Knapp, Acting Director Office of Nuclear Regulatory Research U.S. Nuclear Regulatory Commission cc:
G. Fec%, ASME F. Schaet, Jr., Chairman ASME WGOPT DISTRIBUTION:kCenter EMCB RF PUBLIC JStrosnider DOCUMENT NAME: G:\\ LEE \\ NOMINATE.WPD *PREVIOUSLY CONCURRED To receive a copy of this document. indicate in the box C= Copy w/o attachment / enclosure E= Copy with attachment / enclosure N = No copy OFFICE EMCB/DE-RES b EMCB/DE (A)D/DE (A)ADT/NRR Alee * -GMillmank NAME ESullivan* -KWichman*
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DATE 2/11 /98 3/3 /98 2/19/98 2/19/98 2/20 /98 2/23/98 mung uma u
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Mr. Owen F. Hedden, Chairm:n ASME Section XI, SC on Nuclerr Inservice inspecti:n h.
ABB/CE Nucle:r Operations Dep rtm:nt 9841-1934 2000 Dayhill Road Windsor, CT 06095-0500
Dear Mr. Hedden:
I would like to nominate Mrs. Andrea D. Lee to replace Mr. David Terao, as the authorized NRC staff representative on the ASME Section XI Working Group on Pressure Testing. Mrs.
Lee is on the staff of the branch within the Office of Nuclear Reactor Regulation that has primary responsibility for reviewing pressure-temperature limit evaluations. The completed i
j ASME Codes & Standards Personnel From (PF-1) for Mrs. Lee is enclosed.
In accordance with OMB Circular A-119, " Federal Participation in the Development and Use of Voluntary Standards," October 20,1993, the participation on a committee of an authorized NRC staff representative does not connote agency agreement with, or endorsement of, i
decisions reached by the committee, or of standards approved and published as a result of the committee's efforts. Agency representatives participating on standards developing groups will, to the extent possible, ascertain the views of the agency on matters of interest and will express views that are consistent with established agency views. I have enclosed the full text of the Circular for your information.
Correspondence should be addressed to:
f i
Andrea D. Lee U.S. Nuclear Regulatory Commission i
Mail Stop O-7D4 Washington DC 20555 voice: (301) 415-2735 fax:
(301) 415-2444 E-mail: adwi@nrc. gov Sincerely, Malcolm R Knapp, Acting Director Office of Nuclear Regulatory Research U.S. Nuclear Regulatory Commission cc:
G. Fechter, ASME F. Schaaf, Jr., Chairman ASME WGOPT DISTRIBUTION: File Center EMCB RF PUBLIC JStrosnider DOCUMENT NAME: G:\\ LEE \\ NOMINATE.
D To receive a copy of this document. indicate in the C= Copy w/o attachment / enclosure E= copy with attachment / enclosure N. No copy dE[(fk C
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March 10, 1998 Mr. Owen F. Hodden, Chairman ASME Section XI, SC on Nuclear Inservice inspection ABB/CE Nuclear Operations Department 9841-1934 l
2000 Dayhill Road l
Windsor, CT 06095-0500
Dear Mr. Hedden:
I would like to nominate Mrs. Andrea D. Lee to replace Mr. David Terao, as the authorized NRC l
staff representative on the ASME Section XI Working Group on Pressure Testing Mrs. Lee is on the staff of the branch within the Office of Nuclear Reactor Regulation that has primary responsibility for reviewing pressure-temperature limit evaluations. The completed ASME Codes & Standards Personnel Form (PF-1) for Mrs. Lee is enclosed.
In accordance with OMB Circular A-119, " Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities," February 19,1998, the participation on a committee of an authorized NRC staff representative does not connote agency agreement with, or endorsement of, decisions reached by the committee, or of standards approved and published as a result of the committee's efforts. Agency representatives participating on standards developing groups will, to the extent possible, ascertain the views of the agency on matters of interest and will express views that are consistent with established agency views. I have enclosed the full text of the circular for your i
information.
Correspondence should be addressed to: ATTN: Andrea D. Lee, U.S. Nuclear Regulatory Commission, M/S O-7D4, Washington DC 2.0555. (voice: (301) 415-2735; fax: (301) 415-2444 or E-mail: adwi@nrc. gov)
Thank you very much for the opportunity to participate in the activity of your Committee.
Sincerely, j
rP leo R. Knapp, Acting Director Office of Nuclear Regulatory Research U.S. Nuclear Regulatory Commission cc: G. Fechter, ASME F. Schaaf, Jr., Chairman ASME WGOPT
ASME International f
Codes and Standards l
Tel: 212 705-6500 345 hst 47tn $1reet Fa 212 705-8501 New Yuk.NY 10017 23912 USA ASME CODES & STANDARDS PERS'ONNEL FORM (PF-1 10/96) i Name:
Andrea D. Lee Date:
3/10/98
Title:
Materials Engineer Committee:SXI WG on Pressure Testing Company:U.S. Nuclear Regul atory Comm.__
Address:M/S 0-7D4 j
O Member O Alt. To:
Ci ty:
Washington, D.C.
O officer:
State:
D.C.
Zip 20555 -0001 E-Mail:
ADW1@NRC.G0V (301) 415-2735 Tel. #:
FAX #:
(301) 415-2444 i
IF YOU ARE A MEMBER OF ASME, FILL IN YOUR MEMBER NUMBER BELOW j
MEMBER NLMBER Professional Engineers License:
0 Yes O No States Degrees:
BS, MS Materials Science Engineering ASME Committee membership and offices held:
G None O Listed below:
Membership in other technical organizations:
00 None O Listed be, low:
Experience and qualifications for appointment (use attachment if necessary):
Materials Engineer in the Office of Nuclear Reactor Regulation, Materials and Chemical Engineering Branch.
Frequently provide safety evaluation reports for pressure-temperature limit submittals.
l Staff Use:
Interest Class:
Designated Liaison (if applicable):
Staff
Contact:
The American Society of Mechanical Engineers
P 8548 Fed:rd Register /Vol. 63, No. 33/ Thursday, February 19,1998 / Notices 5
EXECUTIVE OFFICE OF THE
' stated that th'e policy of the federal committees an annual report PRESIDENT government,in its procurement and summarizing all explanations received regulatory activities, is to: (1) *lrlely on in the precedin8 year.
Office of Management and Budget voluntary standards, both domestic and OMB Circular A-119; Fpdoral intemational, whenever feasible and HI. Notice and Roguest forComments Participation in the DeJolopment and consistent with law and regulation;"(2) on Proposed Rmason of OMB Gscular Use of Voluntary Consensus "lp}articipate in voluntary standards A-119 8tandards and in Conformity bodies when such participation is in the On December 27,1996 OMB Assessment Activities public interest and is compatible with published a " Notice and for
~
agencies' missions, authorities, Comments on Proposed on of AGENCY: Office of Management and Priorities, and budget resources;" and OMB Circular A-119" (61 FR 68312).
Budget. EOP' (3)"Ic}oordinate agency participation in The purpose of the proposed revision.
ACTION: Final Revision of Circular A-voluntary standards bodies so that was to provide policy guidance to the 119.
- *
- the most effective use is made of agencies, to provide instructions on the agency resources * *
- and (that) the new reporting requirements, to" conform l
summeARy:The Office of Mana ment views expreued by such representatives the Orcular's terminol to the Act, and Budget (OMB) has revise [ Circular are in the public interest and * *
- do and to improve the
's clarity and i
A-119 on federal use and development not conflict with the interests and effectiveness.
of voluntary standards. OMP has established views of the agencies."[See On February 10,1997.OMB revised this Circular in orden to make section 6 entitled " Policy *].
conducted a public meeting to receive the terminology of the Circular II. Authority comments and answer questions, consistent with the National Technology Transfer and Advancement Act of 1995' Authority for this Orcular is based on O rece ved mme ts from er 5 to issue guidance to the agencias on 31 U.S.C.1111, which gives OMB broad sources, including voluntary conaannus authority to establish policies for the standards bodies or standards the born etc improved management of the Executive development organizations (SDOs),
.a
.i sue Branch.
policy guidance for conformity assessment, and to make changes for in February 1996, Section 12(d) of Industry organizations, private clarity.
Public 1.aw 104-113, the " National companies, federal agencies, and individuals.
~
Technology Transfer and Advanament oAtas: Effective February 19,1998.
Act of 1995," (or "the Act") was passed IV. Discussion of Signiacant Commesmes ADOREssEs: Direct any comments or by the Congress in order to estebush the and Changes y,
inquirier to the Office ofInformation Policies of the existing OMB Grcular A-Although some ca===ntatore'ipesis','
and Regulatory Affairs, Office of 119 in law. [See 142 Cong. Rec. H1264-Management and Budget. NEOB Room 1267 (daily ed. February 27,1996) critical of speciBo aspects of that '..b 1.,b proposed mvision, the ma}arity d'. ; '. f q 10236. Washington, D.C. 20503.
(statement of Rep. Morella); 142 Cong.
commentatore expressed su fores Available at http://
Rec. S1078-1082 (daily ed. February 7, overall policies of the www.whitehouse. gov /WH/EOP/omb or 1996) (statement of Sen. Rockefeller);
approaches taken. 'the mose : q' " ^ j at (202) 395-7332.
141 Cong. Rec. H14333-34 (daily ed.
comments are suinmerisse FOR PURTHER eromeATIM CONTACT.
December 12,1995)(statements of
. with OMB'sresponse.'.' 7u Virginia Huth (202) 395-3785.
Brown and Morella)L The purposes o The Circular nas also,
samme prom 4ATION:
Section 12(d) of the Act are:(1) To into " Plain English"
{I s n NB Grcular A-119
' direct " federal agencies to focus upon Speci$celly, the " "- ' - - "
g increasing their use of(voluntary made. We placed M.
(
III. Notice and Request for Comments on consensusj standards whenever Proposed Revision of OMB Circular 119.-
Possible, ' thus, reducing federal term is nrst used;replacedlbe i
"must"with"shall w'beseHie-A Procurement and operating costs: and wasto establish a r " ' " ^
3
(
IV. Discussion of Sign 16 cant Comrnents and (2) to authorise the National Institute of a question and answer fod_
V Hg l
Changes Standards and Technology (NIST) as the "you" and d!*; and'added a b
- 1. Existing OMB Circular A-119
" federal c rdinator for government Contents. 'ce'dgM$"
?.
entitles responsible for the development We re Standards developed by voluntary of technical standards and conformity and to(ple "Po
?
consensus standards bodies are often ap priate for use la achieving federal assessment activities," thus stiminating " Conformity C
"^")eidth
" unnecessary duplication of conformit cy objectives and in conducting assessment activities." (See Cong. Rec,y sections 6,7, and 8, widch ' ' '
the material. We'
' W eral activities, including H1262 (daily ed. February 27,1996) de$nitions for"
' 7, '
procurement and regulation. The '
(statements of Rep. Morella)l.
standard." and "
policies of OMB Orcular A-119 are.
The. Act gives the agencies discretion standard." Wai Intended to:(1) Encourage federal to use other standards in lieu of section 8 on '
agencies te banefit from the expsrtise of voluntary consensus standards where 9,10,11,12.For
'y the private sector; (2) promote federal use of the latter would be " inconsistent-agency participation in such bodies to with applicable law or otherwise mferenced provisions Guk both in the pro Anal Orcular. posed Circ'ulariand ensure creation of standards that are impractical." However,in such cases.
useable b federal agencies; and (3) the head of an agency or department
- ' %..., t b A
- 7*
reduce r lance on government. unique must send to OMB, through NIST,"an Proposed Section 24 pose.Mp.
standards where an existing voluntary explanation of the reasons for using Section 2 y,
,j.
')g;w standard would suffice.
such standards."The Act states that
- 1. Severalcommentators OMB Grcular A-119 was last revised beginning with fiscal year 1997, OMB that this section should be m to $ 12 G-on October 20,1993. This revision will transmit to Congress and its make clear that the primary of i
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Federal Register /Vol. 63. No. 33 / Thursday, February 19,1998 / Notices 8547
? ithe povision of the Circular is to Circular's policy statement on
- 14. A few commentators suggested
. interpret the provisions of section 12(d) conformity assessment is limited to the substituting the term " prescriptive" for of Pub. L.104-113 so that federal statutory language.
" design"because of the multiple i
aganda can properly implement the statutory ents. We revised the Proposed Section Sc-Definition of conn,otat,i,ons associatod with the term I
of s section to reflect this Impractical. FinalSection 6a(2) design. In addition, several commentators suggested related i
.L t/
on.
- 8. A commentator suggested that if an clarifying language. We agree, and we 1
agency determines the use of a standard modified the hnal Circular.
l,,,. Oropded Section 2-flescissions. Final is impractical, the agency must develop Prop 3,g,,
an explanation of the reasons for l..,
.3.pdWe smoved this section to Final Standard
- FinalSection 3
.4
- ardam't '.
~
impracticality and the steps necessary to overcome the use of the impractical
- 15. Several commentators suggested l.
['
Meccan 3-Bockground. Final H
e ed e og,eis yl{i{eo orbd the co ntat e l
5 E~
gg I a ~ f 3.Several-==ntators suggestedalready require sgencies to provide an Proposed section. One commentator
" explanation of the reasons." Requiring suggested that " clarification is necessary
' g.m ' ^ ^' ;"ess" for " adoption"in this agencies to describe the steps necessary to distinguish the appropriate use of
- section to conform to the new set of "to overcome the use of the impractical different types of standards for different l=A=Ma== We agree, and we modified reason"is unnecessarily burdensome Purposes (i.e., acquisition, procurement,
.*;the Real Chcular.
and not required by the Act.
regulato )."This commentator
- 'hSedan 4-Applicability.
- 9. A commentator suggested that the fgenc Fo example, regulatory at MaelSedoa 5 definition of"Im]eth nabonal voluntary consensus standards rectical"is too broad o
o y re y upon d
oudd rds ch
- 4.'8everal-==ntators found this
""gg(;[i,.' or "ined uste." e have
.(as defined in Section 5j) for use as
...' =retaa
, One canmentatw decided that the defin7 tion is technical criteria in regulations but a sugested deletag"intomational to riste becausethin sthatare federal agency may want to use
'7easfble or inadequate an commonly industry-developed standards (without dan %IiseHon ents," suggesting eis section coul{be interpreted as in e=Mure6mg with proposed section 7a(1) considered to be impractical. Thus, we a full consensus pmcess) for certain 4
made no chan8
acquisition purposes if there are no
'h'y. which encouraged consideration of 4
comparable consensus standards." We heernananal standards developed by
[h^,
5ent$a sugge I
dards. We
,p
,m arily do not agree with this proposal.The
.%;M'"IIann-n=uo same general rinciples apply in the P
duplicative" because it is unlikel that a,
,d we modified the final a voluntary consensus standard tfat was (r curement context as in the regulato
<e considered " impractical" would also be
'b i d t Moposed Section so-Definition of
" unnecessarily duplicative." We agree-de o
stan Assney.FinalSection 5 and the final Circular is modified
- 5. A mmmentator suggested defining accordingly.
ensure that agencies are only required to consider adopting voluntary " technical" the term "agancy mission." Upon
- 11. A few commentators suggested standards. The final Circular clarifies consideration, we have decided that this adding " ineffectual" to the definition. A this by clearly equating "standa.-d" with term is sufBelently well understood as few other commentators suggested
" technical standard."
to not require further elaboration;it adding the phrase "too costly or
- 17. One commentator recommended refers to the particular statutes and burdensome to the agency or regulated adding to the definition of " standard" programs implemented by the agencies, community." Another commentator an exclusion for State and local statutes, which vary from one agency to the next. suggested the same phrase but codes, and ordinances, because agency hs.we did not add a definition, substituted the term "affected" for contracts often require contractors to
- 6. A rnmmentator questioned whether " regulated." We have decided that meet State and local building codes, laderal contractors are intended to be concems for regulatory cost and burden which contain technical standards included within the definition of fall under the term " inefficient" which may not be consensus-based. For
" agency." Federal contractors do not fall contained in this definition. Thus we example, the Department of Energy within the definition of" agency."
made no change.
builds facilities that must be compliant However,if a federal contractor
- 12. A few commentators suggested with local building codes, which may be participates in a voluntary consensus deleting the term " demonstrably" as it more strict than nationally accepted standards body on behalf of an egency traplies a greater level of proof than that codes. It is not the intent ' f this policy o
(i.e., as an agency representative or required in the Act. Upon consideration, to preclude agencies from complying liaison), then the contractor must we have decided that the term with State and local statutes, codes, and comply with the " participation"
" demonstrably" is unnecessary, as the ordinances. No change is necessary, licies in section 7 of this Circular (i.e.,
Act already requires an explanation. and because the Act already states that,"If Ft may not dominate the proceedings of it may be reasonably inferred that an compliance * *
- is inconsistent with a voluntary consensus standards body.). explanation can be demonstrated. Thus, applicable law * *
- a Federal agency we deleted the term.
g g
may elect to use technical standards that Assessment.FinalSection a ProposedSection 5d-Definition of are not developed or adopted by
- 7. In response to the large number of Performance Standard. Finoi Section Je voluntary consensus standards bodies.,,
commentators with concems over the
- 13. A commentator suggested deleting Proposed Section 5f-Defi.mtion of definition of conformity assessment, we the "and"in the definition. We have Standard.finalSection 4 have decided to not define the term in decided that this suggestion would
- 18. Several commentate.s had this Circular but to defer to NIST when distort the meaning. Therefore, no concems with this sectior,. believing it issues its guidance on the subject. The change is made, that the final sentence in the proposed
-.u__-
i I
W i
8548 FcdIril Regist:r/Vol. 63. No. 33/ Thursday, February 19,1998 / Notices version might imply that other than-We agree, and we modified the final inappropriate to mandate use of consensus standards may qualify as Circular.
voluntary consensus standards for consensus processes. This is not the
- 24. A commentator suggested deleting " procurement guidelines or case. We have clarified this point the examples of voluntary consensus procedures." We have decided to delete through the reorganization of final standards bodies. We agree that the the reference to " procurement sections 3 and 4 and through minor examples were unnecessary and guidelines." The Circular says nothing clarifying language. In addition, we note confusing, and we modified the final about " procurement procedures."
that the subject of the Circular is Circular.
- 31. The same commentator suggested
" voluntary consensus standards,"
- 25. A few commentators suggested adding in section 6a " monitoring which are a subset of " standards."
that the Circular acknowledge the objectives"as part of an agency's Consistent with the 1993 version, the American National Standards Institute regulatory authorities and final Circular defines " standard" (ANSI) as the means ofidentifying responsibilities. We have decided that, generally to describe all the different voluntary consensus standards bodies.
under the Act and the Orcular, agencies types of standards, whether or not they Since the purpose of the Circular is to stready have sufficient discretion are consensus-based, or industry-or Provide general principles, rather than regarding the use and non-use of company-based. Accordingly, we have make determinations about specific standards relating to such authorities inserted the phrase " government.
organizations or guides, these and responsibilities. Thus, we have unique" in final section 4b(2) in order determinations will be made by made no change.
i to provide a complete picture of the agencies in their implementation of the different sources of standards, while Act. Thus, we made no change.
Proposed Section 6a. Final Sect /on 6f also adding a reference to " company
- 26. A commentator suggested that the
- 32. Some commentators expressed standards"in final section 4b(1),
definition be modified so "that only concern that once a standard was previously found in the definition of th se organizations that permit an determined to be a voluntary consensus
" standard'"
acceptable level of participation and standard, an agency might incorporate approval by U.S. Interests can be such standard into a reguidion without Proposed Section Sg-Definition of considered to qualify." We have performing the proper regulebry Technical Standard. Final Section Ja decided that no change is necessary, analysis. To address this concern.
- 19. Several commentators suggested because the requirements of another commentator suggested adding combining this term with the definition consensus-openness, balance of language referencin3 "The Principles of of standard. We agree, and the terms interests, and due process-likewise Regulation enumerated in Section 1(b) have been me'8ed' apply to international organizations, of Executive Order 12866. We agree, and, '
- 27. The same commentator su ested we modified the finalOrcular.
- 20. Another commentator suggested adding the phrase "the absence o adding the phrase "and, because this sustained opposition" to the definition PrDPosed Section 6b. FinalSec related management practices, of" consensus." Although we did not Orcular, sections 6b and 7b(2)W
- 33. In the proposed revision oW-phrase appears in Section 12(d)(4) of the Act. We agree, and we modified the make this change, we added other
^
final Orcular.
language that improves the definition.
strengthened by adding language abs (
- 28. Several commentators proposed directed agency representatives _to4 Proposed Section Sh-Definition of Use. that the Orcular further clarify aspects refrain from actively partici Final Section 6a(J) of this section, including further -
. voluntary consensus standa
.e definitions of " balance of interest "
their committees when participatlagdidg pJ
- 21. Several commentators suggested
" openness," and "due process." We not relate to the mission of the agency, y',.
al that limiting an agency's use to the have decided that the definition Several commentators were not. n
+
latest edition of a voluntary consensus provided is sufficient at this time, and satisfied with these changes and remain,.
standard was unnecessarily restrictive.
no change is made, concerned that an agency member migh,t.
i We agree, and we modified the final
- 29. Several commentators proposed dominate a voluntary consensus 'W'.O J' j Circular.
that this definition should be "clari6ed standards body as s' result of the agency Pro osed Section Si-Definition of to state the Federal agencies considermg member chairia d/orproviding.A -
Vo ntary Consensus Standards. Final the use of voluntary consensus funding to such y,thus maklaglinsj.
Section 4 standards, not the organizations Process not truly consensus.' thens y themselves, are to decide whether commentators urBed additional y v4.f
' 22. Several commentators objected to particular organizations qualify as limitations on agency participatido ib the phrase regarding making voluntary consensus standards bodies voluntary consensus standards bodies, !, ",
" intellectual property available on a by meeting the operational requirements including: Prohibiting federal ag non-discriminatory, royalty-free or set out in the definition." For purposes representatives from
- y. %
reasonable royalty basis to all interested of complying with the policies of this committees or voting (orif a...
parties." Several commentators also Circular, agencies may determine, committee, then denying them the # g,.y 7
supported this language. This section according to criteria enumerated in final authority to select committee memberh';
does not limit the ability of copyright section 4, whether a standards body havirg only an advisory rolar M /,p",. q holders to receive reasonable and fair qualifies. However, it is the domain of participating only if dirsetly related to,., ',' 2 royalties. Accordingly, we made no the private sector to accredit voluntary an agency's misslon or stat n'
change.
consensus standards organizations, and authority;and participating' ylf there.
Proposed Section Sj-Voluntary accordingly, we have inserted clarifying is an opportunity for a third part Consensus Standards Bodies. Final language in Snnl section 6l.
a en the participation a
Section 4a(1)
Proposed Section Sa. Final Section 6c on the other hand. most c
- 23. Several commentators proposed
- 30. A commentator proposed deleting commentators supported the proposed f
that the words "but not necessarily in section 6a " procurement guidelines" changes and agreed that federal.
unanimity" be inserted for clarification. suggesting it was confusing and participation in voluntary enna=nana c
f,
.M
M Federal Register /Vol. 63, No. 33/ Thursday, F1brutry 19,1998 / Notices 8549 w@.
standards bodies should not be further voluntary consensus standards bodies or Circular. Agencies should monitor their
" Ilimited,because federal participation standards development organintions participation in voluntary consensus beno6ted both the government and the (SDOs) by proscribing the activities of standards bodies to prevent situations in private sector. These commentators any of its members. The membership of which the agency could dominate noted that agencies must be involved in an SDO is free to choose a chair, to proceedings or have the appearance of the standards development process to establish voting procedures, and to impropriety provide a true consensus and to help accept funding as deemed appropriate.
, Agencies should also work closely
^ support the creation of standards for We expect that the SDO itself or a with private sector oversight agency use.These purposes are related parent or accrediting organiations to ensure that no abuses consistent with the intent of the Act.
organiution would act to ensure that occur. Comments provided by ANSI In the final Circular, we have added the organintion's proceedings remain described the extensive oversight language to clarify the authorities in the fair and balanced. An SDO has a vested mechanisms it maintains in order to 10rcular. We have also strengthened the interest in ensuring that its consensus ensure that such abuses do not occur.
" N 5aal Clicular by adding language in procedures and policies are followed in we encourage this kind of active final section 7f that diacts agency order to maintain its credibility.
oversight on the part of the private employees to avoid the brectice or the Pmposed Section 6b. Final Sections 7e, sector, and we hope to promote appearance of undue in uenos relating
. O their agency apresentation in 7f, and 7h cooperation between the agencies and the private sector to ensure that federal voluntary exmsensus standards
- 34. Other commentators were participation remains fair and equal.
activities. We would also like to concerned that an agency representative Nunderscore.the'importance of close could participate in the proceedings of ProposedSection 7-PolicyGuidelines.
~ Doperation with the private sector,
' a voluntary consensus standards body FinalSection 6c including standards acx:reditors, in for which the agency has no mission-
- 35. A few commentators inquired
- ensuring that federal participation is fair related or statutorily-based rationale to whether the Circular applies to a and appmpriate, become involved. For example, a
" regulatory standards." In response, the
- 5. -With respect to imposing specific situation might exist in which a final Circular distinguishes between a
, limitations on agency participation in technical standard developed by the
" technical standard," which may be
. suchbodies, which would result in private sector could be so widely referenced in a regulation, and a unequal participation relative to other adoptai as to result in the emergence of " regulatory standard " which members, we have decided that such a de facto regulatory standard, albeit one establishes overall regulatory goals or (11oittations would (1) not further the endorsed by the private sector rather outcomes. The Act and the Circular yarposes of the Act and (2)could than by the government. For example, a apply to the former, but not to the latter.
itaterfere with the internal operations of construction standard for buildings As described in the legislative history, 7. ; soluntary consensus standards coutrl become so widely accepted in the technical standards pertain to " products ans.
private sector that the result is that the and processes, such as the size, strength, the Act requires agencies to construction community acts as ifit is or technical performance of a product,
. consult with voluntary consensus regulated by such standards. The process or material" and as such may be standards bodies and to participate with commentator suggested that if an agency incorporated into a regulation. (See 142 such bodies in the development of were to participate in the development Cong. Rec. S1080 (daily ed. February 7, technical standards "when such of such a technical standard, in an area-1996)(Statement of Sen. Rockefeller.)]
participation is in the public interest for which it has no specific statutory Neither the Act nor the Circular require and is compatible with agency and authority to regulate, that agency could any agency to use private sector departmental missions, authorities, and be perceived as attempting to regulate standards which would set regulatory budget resources." The legislative the private sector "through the back standards or requirements, history indicates that one of the door." A perception of such activity, purposes of the Act is to promote whether or not based in fact, would be Proposed Section 7. FinolSection 6g federal participation. ISee 141 Cong.
detrimental to the interests of the
- 36. A commentator inquired whether Rec. H14334 (daily ed. December 12 federal government, and agencies the use of non voluntary consensus 1995)(Statement of Rep. Morella.)]
should avoid such involvement.
standards meant use of any standards Moreover, neither the Act nor its In response to this copcern, we feel developed outside the voluntary legislative history indicate that federal that changes initiated in the proposed consensus process, or just use of agency repmsentatives are to have less revision and continued in the final government-unique standards. The than full and equal representation in Circular sufficiently strengthened the intent of the Circular over the years has such bodies.Given the explicit Circular in this regard. In particular, been to discourage the government's requirement to consult and participate section 7 expressly limits agency reliance on government-unique and no concomitant statement as to any support (e.g., funding, participation, standards and to encourage agencies to limitation on this participation, we etc.) to "that which clearly furthers instead rely on voluntary consensus believe the Act was intended to promote agency and departmental missions, standards. It is has not been the intent full and equal participation in voluntary authorities, priorities, and budget of the Circular to create the basis for consensus standards bodies by federal resources." Moreover, this language is discrimination among standards agencies.
consistent with the Act.Thus,if an developed in the private sector, whether Second, although an aEency is agency has no mission-related or consensus based or, alternatively, ultimately responsible for ensuring that statutory related purpose in industry based or company-based.
Its members are not participating in participation, then its participation Accordingly, we added language to viluntary consensus standards bodies in would be contrary to the Circular.
clarify this point.
a manner inconsistent with the Circular An agency is ultimately responsible and the Act, it would be inappropriate for ensurin8 that its employees are not Proposed Section 7. Finol Section 6f for the federal government to direct the participating in such bodies in a manner 37, One commentator inquired how internal operations of private sector inconsistent with the Act or this OMB planned to carry out the " full er.
.--e.4-~*y 9 7p,.y
8550 Federal Register /Vol. 63, No. 33/ Thursday, February 19,1998 / Notices 1
account" of the impact of this policy on consensus standards body" has already too strong. We have decided that the the economy, applicable federal laws, been defined. Moreover, the distinction language is just right.
policies, and national objectives. This between "intemational standards" and language is from the curmnt Orcular
" domestic standards"is not relevant to PT PosedSecuon 7a(UnalSedon and refers to the considerations agencies the essential policies of the Orcular, 61, 7/
should make when considering using a and this point is clariSed in this section.
- 46. One commentator suggested that standard. No change is necessary.
- 42. Several commentators also noted legal obligations that supersede the Proposed Section 7. FinalSection 27 that two trade agreements ("TBT" and Orcular and cost and time burdens need the " Procurement Code") of the World to be emphasized as factors supporting
- 38. Several commentators noted that the proposed revision eliminated Trade Organization were mentioned but agencies' developing and their i
language from the current Orcular inquired as to why other international e.own government unique stan agreements like the World Trade Anotuer commentator suggested that which stated that its provisions, are Organization Agreement on Sanitary untimeliness or unavailability of intended for internal management and Phytosanitwy Wasures or the voluntary consensus starulands purposes only and are not intended to North American Free Trade Agreement development should be a Me (1) create delay in the administrative were not mentioned. We did not intend Jusd6 cation for creation of a process,(2) provide new grounds for this list to be exhaustive. Therefore, we government standard. On the Arst point, judicial review, or (3) create legal rights deleted this phrase to emphasize the thwe specific changes are not n officers.,ble against agencies or theirmain point of this section.
because the Act and the Orcular y
enforcea We have decided that, while a me sedi ns of the Orcular
- 43. Several commentators questioned state that agencies may choose their incorporate statutory requirements, why the Orcular included language that own standard "where inconsistent with 1
other sections remain internal Executive standards developed by intemational applicable law or otherwise i
volunt consensus standards bodies im rectical." On the second point, we Branch management pobey.
,,hul considered in procurement di clarify the language in Anal sections Accordingly, we have retained the l
6k and 7).
language, with minor revisions.
and regulatoNt$ ications." We
- 47. Ano&wcornnetstesuspeed recognize tha domestic and Proposed Section 7a international voluntary consensus that the Orcular should denne in this c rs6a em to be
- 39. One commentator inquired as to standards may exist, sometimes in whether the use of a voluntary harmony, sometimes in competition.
consensus standard by one agency This language, which is unchanged from { posed section Sc. W' mad would mandate that another agency the curmut version of the Cimular.
F-must use such standard.
states only that such intemational Proposed Section 7a(51. FinalSection, sl.
Implementation of the policies of the standards should be " considered," not
- 48. This sectio'n is intended to glee 4 Orcular are on an agency by agency that they are mandated or that they agencies guidance on wbsse they seqyfa. -4 basis, and in fact, on a case by case should be given any preference. In go to identify vohmtary nnpe===== +P.N 4 basis. Agencies may have different addition, some confusion has emerged mandards. One hM needs and requirements, and the use of based on a perceived confilet between leguay to indicah &at,Wddidon a voluntary consensus standard by one the cenitments of the United States NIST. volunury r an====== W agency does not require that another with respect to international treatles and
&% t-agency must use the same standard, this Orcular. No part of this Orcular is may also b identined WnnmadminadiOTi '4 fedwal
. Ancew Each agency has the authority to decide intended to preempt intomational languay est such standWW O 1
whether, for a program, use of a treaties. Nor is this Orcular intended to pro
~ ' '
'M"P $
may also be identi8ed voluntary consensus standard would be create the basis for discrimination
'N
~
dudards publi
~ com contrary to law or otherwise between an intemational and a domestic T.h'.G'?
agree, and the la M(
im rectical voluntary consensus standard. However,
.. +
- 40. Another comment suggested that whomver possible, agencies should Proposed Sectica 76 o g'g K.
the Orcular did not contain sufBcient considu the use ofinternational
- 49. Other r a===n*=a==
' ~ hisn ".'
assurance that the standards chosen voluntary consensus standards.
Federal Register notices he
T cf WC*
would be true consensus standards. We Proposed Section 7a(2). Final Section si whenever a federa have expanded the guidance in the Orcular to address this concem by first
- 44. One commentator suspsted that standards body. We have dadded tIint*
this would be overly burdensome asetb5 E expanding the definition of" consensus" the Orcular promote the concept of A
in final section 4a(1)(v). Second, we Pufwmancebased requimments when spacies and woulsf M t>
agencies may identify voluntary or health reasons (e g.. safety standards). pub Moreover,eech
' hr D
have described in final section 61 how regulating the conduct of work for safety com ' tively little' consensus standards. Third, we have Where performance standards can be alread uimd in== ret WA develo d reporting procedures that used in lieu of other ofstandards publin offederalWM$h allow public comment.
(or technical stand
, the Orcular participants in s*sndards-1 "O"
My We made na change. %*@@l.
M already accomplishes this by stating in Proposed yion 7b(2Mine(Sectie Proposed Section 7a(1). Final Section 6h final section 6i that " preference should
- 41. Several commentators suggested be given to standards based on that " international voluntary consensus performance criteria."
- 50. Some commentators noted that tish, *,.
standards body" be defined in proposed Proposed Section 7a(3). Final Section 6f curmnt Orcular's langu, which sums section 5. We have decided that this that agency employees e at.
definition is not necessary, as the term
- 45. One commentator suggested using government expense" partici in y. 9 "intemational" is sufficiently well stronger language to protect the rights of voluntary consensus bodiesjtf 3 ;
understood in the standards copyright holders when referenced in a shall do so as specifically authorised.2-g agency representatives, has besa dele community, and the term " voluntary regulation. Others thought the language q
7Q,g " ER"-N
- ;i
%:.m$
h.E
. w.2..
N fk" hM..
Federal Register /Vol. 83, No. 33/Thursdzy, Fabrutry 19,1998 / Notices 8551 1
phe;pr9poemd revision.These support should be made public or at standards every five years and to replace this deletion.
least made known to the supported through applicable procedures such J
has reinstated. Federal committee of the voluntary consensus standards that can be replaced with "4;
'.wboare, Mag their standards body or SDO. We have voluntary consensus standards. Several W
must do so athl expense.
decided that this is unnecessary because commentators suggested adding gj.;
... hand, employees are free we expect that the amount of federal language that either requires agencies to p='=aa= F --
.:.ips in support will already be known to a review standards referenced in
-, unless the comraittee rocsiving the funds.
regulations on an annual basis or an
-^'
' hasa g',,*.for Proposed Section 7b(7). Final Section 7g proposed extending the review period to ongoing basis. Other commentators
p,,
pmm w m + -
pation in
- 55. A commentator suggested either ten years (in order to mirror the review a
e deleung "and administrative policies" cycle of the Regulatory Flexibility Act)
.jesels, such as or inserting " internal" before or to eliminate the review entirely or
~ on boards, will
" administrative policies" to clarify that because it was burdensome.
addbinumi scrutiny,Eusployees the prohibition is intended to apply to We decided to change this
.iwah theiragency othia the internal management of a voluntary _ requirement to one in which agencies
. ubet restrictions may ran=nsus standard body. This phrase is are responsible for " establishing a f
g S. N 7-parenthetical to the words " internal process for ongoing mview of the
" ' 'M management;" thus, the suggested agency's use of standards for purposes E
revision is unn==-y.
of updating such use." We decided that wm
"{Ph "ill *"Qm***g*
~
pg g,gg, Ptoposed Section 7b(8). Final Section 71 g
{
ggancy participation
- 56. One commentator questioned the which may r1e erence obsolete and out-
"a relationship of the Circular to the dated standards in a timely manner.
h- ' liTein' gencymission,"to 'T ';y7"" when
' Federal Advisory Committee Act Agencies are encours d to undertake a 9
ame (FACA). Federal participation in review of their uses ofobsolete or antharities, standants activities would not government unique standards as soon as
]
have decided to FACA applies to circumstances in
- 60. A commentator proposed language ressusces *.'as ordinarily be ' ubject to FACA, because practicable.
s
~
and the Circular which private individuals would be to require agencies to respond to f
rNy :A..
advising the government. The private requests from voluntary consensus sector members of standards standards bodies to replace existing I,q,M? ? -
O w. '8I organizations are not advising b federal standards, s ifications, or government, but are developing regulations with vobtary consensus sugested that standards. Nevertheless, issues may standards. his change is not necessary, dainauld prohibitagency arise in which agencies should be aware because the Circular already requires
.luem' sed as chairs or of FACA.
agencies to establish a process for
' ofvoluntary conaanaus reviewing standards. (See comment 59.)
Ly,g,,,,,g,,,,g,g Proposed Section 7b. Final Sections 7e-We made no change.
\\
~bom or
- 57. Several commentators, fearing No n 8. Mn cuon n y
members of voluntary cxmeensus agency dominance, criticized the
- 61. Several commentators suggested Ardendenis bodies. However, we have -
proposed revision of the Circular for elimh.ating the requirement in the
~
E;=aamad Analesction 73 to clarify that promoting increased agency PmPosed Circular for an analysis of the '
d.f assocy.e, mployees, whether or not in a participation. We have decided that the use and non-use of voluntary consensus
?M. = position of leadership in a voluntary revisions to the Circular are balanced, in standards in both the Notice of
=d===== standhrdsbody, must avoid that they encourage agency participation Proposed Rulemaking (NPRM) and the M the peacdce or appearena of undue while also discouraging agency final rule in order to simplify and clarify 4 suff==pm relating to the agency's dominance. Moreover, legislative Federal Register notices. As an W:
+= and activities in the history states,"in fact, it is my hope that altemative, these commentators h'eddition, we added lenguage in final uatary consensus standards bodies.
this section will help convince the PmPosed including such analysis in a pTle Federal Govemment to participate more separate' document that accompanies the y esctica 7d to resnind agencies to involve fully in these organir.ations' standards NPRM and the subsequent final rule.
N 'tboir~ agency ~ ethics olBoers, as developing activities." ISee 141 Cong.
. We have decided tlist, rether than
-' appropsiste, prior to authorising Rec. H14334 (daily ed. December 12, simplifying the rulemaking process, this forcr participation in a 1995)(Statement of Rep. Morella.)]
change would make it more difficult for M..
untary consensus standards body.
the public ta comment on the rule and gnoposed Section 7b(51. Final Section 7h Pmposed 7c (4). FinalSection 156 would complicate the process by adding a7
- 58. A commentator suggested another source ofinformation in a 53.One commentator suggested changin groups"g " standards developing separate location. However, we did the word "should" to "shall" N
to " voluntary consensus make some minor changes to this
.regardi ping the number of standards bodies" for consistency. We section to clarify that agencies are not
, individ agency participants to a agree, and we modified the final expected to provide an extensive report minimum. We decided that this change Circular.
with each NPRM, Interim Final is "=== _ rj and made no change.
" "* "E' * "*' " ' ' ' ****"*"
Proposed 7c(6). Finoi Section 15b(7) f was also modified to improve the ability
^
c,#oposedSection 7b(6)
- 59. The current and proposed of agencies to identify voluntary 50 A few commentators suggested versions of the Circular required consensus standards that could be used requiring that the amount of federal agencies to review their existing in their regulations, to ensure public Q.m c+
9)$?
&=
4m e - l*w-e 5 Me
..vp
.rr*,-
e var t
- y 99
,e q 39 9 w-w.n.. g. 9 ig 4.g,-
sm,
j 8552 Federtl Regist;r/Vol. 63, No. 33/ Thursday, February 19,1998 / Notices notice, and to minimize burden. First, lack of clear procedures on how (COTS) products as a decision not to the notice required in the NPRM may voluntary consensus standards bodies rely on voluntary consensus standards.
merely contain/ include (1) a few handle public comments and whether The Act and the Circular do not limit sentences to identify the proposed those comments are available to
. agencies' abilities to purchase COTS or standard,if any;and,if apphcable,(2) interested persons or organizations.
other products or services containing a simple explanation of why the a8ency OMB has determined that these private sector standards.The Circular proposes to use a government. unique responsibilities fall within the specifically excludes reporting of COTS standard in lieu of a voluntary jurisdiction of voluntary consensus procurements in final section 12 and consensus standard. This step places the standards bodies and are outside the nnal sections 9a and 12 require agencies public on notice and gives them an scope of the Act and the Circular, to report only when an agency uses a opportunity to comment formally.
Accordingly, we made no change.
Bovernment. unique standard in lieu of -
j Second, we expect that the majority of rulemakings will not reference Pro sed Section s. FinalSections 6g an existing voluntary consensus -
standards at all. In these cases, the an 12c standard. Accordingly, we made no '
change.
agency is not required to make a
- 65. A few commentators mquested statement or to file a report. In those clarification on the use of commercial-g ygg instances where an a8ency proposes a off.the-shelf ( COTS ) products as Standards PolicyActivities. Final government umque standard, the they relate to voluntary consensus Section sb public, through the public comment standards. In response, we have
- 69. One commentator suggested that process, will have an opportunity to clarified final section 6g to state that agencies also report the identity of identify a voluntary consensus standard this policy does not establish standards development bodies whose (when the agency was not aware ofit) preferences between products standards the agency relies on and the or to argue that the agency should have developed in the private sector. Final identities of all the standards developed used the voluntary consensus standard section 12c clarified that there is no or used by such bodies. We have (when the agency had identified one, reportin8 mquirement for such decided that it would be unnecessary,-
but rejected it).
products.
duplicative, and burdensome to require-
- 62. Several commentators suggested es.
i adding a new section entitled Proposed Section 9-Responsibilits.
agencies to identify this level of detall'
" Sufficiency of Agertcy Search." The FmalSections 23,24,25 in the annual report.The identity of individual standards developed by a.
purpose of this new section would be to
- 66. Several commentators proposed standards body may be obtained either.
limit an agency's obligation to search for that OMB have more defined oversight through the standards body or15 rough '
existing voluntary consensus standards iesponsibility in determining whether a standards publishing com yA
.3 y j under the requirements of this section.
an agency's participatio.n in a voluntary addition, agencies are alrea requiredp We have decided that this section is consensus standards body is consistent - to provide in their annual under,l - 4 unnecessary in light of the requirements with the Circular. We did not make this section 9b(1),'the number
' Yf elsewhere in the Circular for identifying change. Agency Standards Executives, consensus ahndards bodies in aM j
voluntary consensus standards.
with the advice of the Chair of the ICSP, agency participotes. M'aech f " '
~
Accordingly, we made no change.
are responsible for ensuring that agency is required under asettarit
- 63. One commentator suggested that agencies are in compliance with the toidentify the standards bodies tai f'
agencies be required to fully investigate requirements of this Circular, made no change.which it isinvolve and review the intent and capabilities of With respect to the issue of" agency i
a standard before making a decision to dominance" of SDOs we expect that Pmposed16 U M,, g~,
- 70. A commentator sugges f
use a particular voluntary consensus SDOs will likewise ensure that members standard. We have decided that the abide by their rules of conduct and effort an agency would have to participation. working closely with agencies should be required to identify undertake to conduct its own scientific review of a voluntary, consensus Standards Executives where necessary federal regulations and p'be standar rocurement.C. A standard is unnecessary, as SDOs and appropriate. We inserted minor,
specifications in which t w :' -
clarifying language in new sections 13, were " withdrawn"and aced with,<;j.
adhere to lengthy and complex 14, and 15.
procedures which already closely voluntary consensus shn
'We bevel,.gi scrutinize the uses and capabilities of a Pmposed 9M2A FinalSection f de decided that this requirement IsFFMy unnecessary, because informatiost IM standard. However, in adopting a
- 67. A commentator suggested standard for use, whether in broadening the category of agencies that already provided in the annual r described in final section 9b(3)#KtX 9.:
procurement or in regulation, agencies must designate a standards executive.
Accordingly, weinede nodiengeD9Y are already required to undertake the from designating those agencies with a TFG review under the Act and the Circular.
"significant interest"in the use of Pmposedgg2@yI
>' Ngg g as well as the review and analysis, standards, to those agencies having AssessmentJFinalSectiorgggy, I described in other sources, such as the either " regulatory or procurement"
- 71. A commentator expressed canaan. N that the coordinationli,y theNaticad Federal Acquisition Regulation or the responsibilities. We decided that this Executive Order 12866 on Regulatory proposed change was vague and would Institute of Standards ~end Technology. d.i Planning and Review. Accordingly, we only confuse the scope of the Circular.
(NIST) of standards activt6esbetwesof 4. '
made no change.
Accordingly, we made no change, the public and private sector will O' M i! '
- 64. A few commentators suggested that the Circular should ensure prompt Pmf20osed Section 20. FinalSections 9 undermine the coordination that ANSI '
has performed for many~ years for the #
notification to interested parties when on private sector.
voluntary consensus standards activities
- 68. One commentator expressed In addition, the commentator -
are about to begin and should encoura8e concern that the reporting requirements expressed. concern that NIST's greater public participation in such would require agencies to report involvement in such coordination will;,
6!
activities. Another commentator noted a reliance on commercial-off-the. shelf underraine the United States'shility to'
..n
^
to p q'4.:R
y l
Federal Register / Vel. 63, No. 33 / Thursday, February 19,1998 / Notic:s 8553 h. osupeteinternations as two EXECITTIVE OFFICE OF 1HE PRESIDENT
. a. What are the purposes of agency Parti ation?
tions are n ng s
OfBce of Managessent and Budget g
g I -'
Act sta that NISTis to " coordinate Washington, D.C. 20503 apply to agency support?
l'
. Federal. State, and local technical February 10,1998.
c.
t forms of support may my agency standards activities and conformity Circular No. A-119
- d. Must agency participants be authorized?
essessment activities with private sector Revised
- e. Does agency participation indicate
- sachnical standards activities and endorsement of any decisions reached by To the Heads of Executive Departments and voluntary consensus standards bodies?
l l
', conformity assessment activities."ThisEdhnu
!f-lenguage snakes clear that NIST will
- f. Do agency representatives participate 1
q[.J p he,e -
- lity for coordinating
Subject:
Federal Participation in the equally with other members?
3e p.e i asc( and for worki"8 Development and Use of Voluntary
- g. Are there any limitations on i A $;/
$privatd sector. In addition.
Consensus Standards and in Conformity participation by agency representatives?
Assessment Activities
- h. Are there any limits on the number of
, qQ@;/.5' ANN's rono le aRirmed in the federal icipants in voluntary consensus l
@ hiesocrendum Of Understanding (MOU) TABLE OF CONWIS stand s bodies?
^. leeued on July 24,1995, between NIST BACKCROUND L is there anything else agency l
and ANSic1he MOU states"Itlhis MOU
- 1. What is The Purpou Of This Circulart representatives should know?
I gf. t
'Is hstanded to facilitate and strengthen
- 2. What Are The Goals Of The Government
). What if a voluntary consensus standards 4 Abe in8usace of ANSI and the entire Using voluntary consensus Standards 7 body is likely to develop an acceptable,
/j o ',' U 8. standards mmmualty at the DEFINrr10NS OF STANDARDS Whfts I
Po i n
ity laissaaticeallevel
- and ensure *
- 3. What is A Standardt Assessment?
...,that ANSPs representation of U.S.
4 What AreVoluntary twm3 l C
' v,8.W-Wa= saa is seepected the other Standards?
Management and Reportig of Standards U**
fa'i en the inte anal scene."
- a. Definition of voluntary, masensus I d.$,,
we made no change.
standard.
- 9. What is My Agency Required To Re rt?
y #=r=whngly,OMB Circular A-119 is
) fini n of voluntary, consensus 1 H (Age n8 U
, g,.
avvisedas eeM below,
- b. Other types of standards.
Standardst
- EeE E88mE.
(1) Non-consensus standards, industry
- 11. What Are The Procedures For F
"~
M=desnoemr, Offim offnformation and standards, company standards, or de facto fePorting My Agency's Use Of Standards in egu ations l
M<.
gaisesryAf) bits.
standards.
A (2) Government-uni us standards'
- 12. What Are The Procedures For i
hr.:EERMM MH M ME PRESIDENT (3) Standards mandated by law.
Reporting My Agency's Use Of Standards in g,.. ^
Procurements?
U Mese&.
^ nd Budget POUCY
- a. How does my agency report the use of l
a b)~~ " * = D.C 20503
- 5. Who Does This Policy Apply Tot standards in procurements on a categorical
' #t,h..
"o
~
- 6. What is The Policy For Federal Use Of basis?
g WO,1998.
Standardst
- b. How does my agency report the use of Cleader No. A-119
- a. When roust my agency use voluntary standards in procurements on a transaction Reviend consensus standardst basist (1) Definition of"Use."
Age Ras asibilities Masacrandum for Heads of Executive (2) Definition of" Impractical."
- 13. What Are The Res asibilities Of The Departments and Agencie8
- b. What must my agency do when such use
Subject:
Federal Participation in the is determined by my agency to be QafAre e$esponsibilities Of The Development and Use of Voluntary inconsistent with applicable law or o*herwise f5 -
m_!! Standards and in Conformity impracticalf HeadsOf Agencies?
Assessment Activities
- c. How does this policy affect my agency's
- 15. What Are The Responsibilities Of Revised OMB Circular A-119 establishes mgulatory authorities and responsibilitiest Agency Standards Executives?
policies on Federal use and development of
- d. Hcw does this policy affect my agency's Supplementary Information voluntary consensus standards and on Procurement authority.
- 16. When Will This Circular Be Reviewed?
8 8'"
u conformity assessment activities. Pub. L yd at is The legal Effect Of This hW'You Have Further Quest con sus andards 104-113, the " National TechnoloSy Transfer
- f. What considerations should my agency 18.Do and Advancement Act of1995 " codified make when it is considering using a existing policies in A-119, established standardt
Background
reporting requirements, and authorized the
- g. Does this policy establish a preference
- 1. What Is The Purpose Of This Nationalinstitute of Standards and between consensus and non-consensus Circular?
Technology to coordinate conformity e
standards that are developed in the private This C'ircular establishes Poficies to
' ama====aot activities of the agencies. OMB is sector.
issuing this revision of the Circular in order
- h. Does this policy establish a preference improve the internag management o the
,make b wrminology of b Circular between domestic and international Executive Branch. Consistent with consistent with the National Technology y luntary consensus standards?
Secti,on 12(d) of Pub. L 104-113, the l
Transfer and Advancement Act of 1995, to L h uld my age cy give prefere ce to National Tecimology Transfer and performance standards?
Advancement Act of1995 (hereinafter issue guidance to the agencies on making
- 1. How should sny agency reference "the Act"), this Circular directs agencies their soports to OMB, to direct the Secretary voluntary consensus standardst to use voluntary consensus standards in i
of Commerce to issue policy guidance for
- k. What if no voluntary consensus standard conformity assessment, and to make changes exists?
lieu of government u,nique standards for clarity.
- l. How may my agency identify voluntary except where inconsistent with law or
]
Franh D. Raines, consensus standards?
otherwise impractical. It also provides i
- 7. What Is The Policy For Federal guidance for agencies participating in Participation in Voluntary Consensus voluntary consensus standards bodies Att=Amant Standards Bodies?
and describes procedures for satisfying t
N.
' s
I P
i l
8554 Fcdird Registtr/Vol. 63 No. 33/ Thursday, February 19,1998 / Notices l'
the reporting requirements in the Act.
- c. Performance standard is a standard each objector is advised of the l
The policies in this Circular are as defined above that states disposition of his or her objection (s) and intended to reduce to a minimum the requirements in terms of required the reasons why, and the consensus reliance by agencies on govemment-results with criteria for verifying body members are given an opportunity unique standards. These policies do not compliance but without stating the to change their votes after reviewing the create the bases for discrimination in methods for achieving required results.
comments.
agency procurement or regulatory A performance standard may define the
- b. Other types of standards, which are l
activities among standards developed in functional requirements for the item, distinct from voluntary consensus the private sector, whether or not they operational requirements, and/or standards, are the following:.
are developed by voluntary consensus interface and interchangeability (1)"Non-consensus standards,"
I standards bodies. Consistent with characteristics. A performance standard " Industry standards,"" Company l
Section 12(b) of the Act, this Circular may be viewed in juxtaposition to a standards," or "de facto standards,"
directs the Secretary of Commerce to prescriptive standard which may which are developed in the private issue guidance to the agencies in order specify design requirements, such as sector but not in the full consensus j
to coordinate conformity assessment materials to be used, how a requirement process.
activities. This Circular replaces OMB is to be achieved, or how an item is to (2)" Government unique >tandands,"
Circular No. A-119 dated October 20, ' be fabricated or constructed.
which are developed by the government.
1993.
- d. Non-government standardis a for its own uses.
- 2. What Are The Goals Of The standard as defined above that is in the (3) Standards mandated bylaw, such Government In Using Voluntary form of a standardization document as those contained in the United States Consensus Standards?
develcped by a private sector Pharmacopeia ud the National Many voluntary consensus standards association, organization or technical Formulary, as referenced in 21 U.S.C.
are appicpriate or adaptable for the society which plans, develops,
- 351, Government's purposes. The use of such establishes or coordinates standards, standards, whenever practicable and specifications, handbooks, or related pog;cy appropriate,is intended to achieve the documents.
YAPP Y l
following goals:
- 4. What Are Voluntary, Consensus This Circular applies to all agencies Standards?
and agency employees who use -
i Gove nt i eve opin isown
- a. For purposes of this policy, standards and participate in vohmtary standards and decrease the cost of oods v luntmyconsensus standards are consensus str.ndards activities, domantie B
l l
procured and the burden of complying standards developed or adopted by and international, except for activities.
,_a
.th I ti v luntary consensus standards bodies, carried out pursuant to treaties.. -
- b. Provide centives and both domestic and international. These "A8ency" maars any tipojQ.,,4 Q i
opportunities to establish standards that standards include provisions requiring ePartment. in 1
d' that owners of relevant intellectual board, bureau, o ce, agency,,p -, y q..,. j l
age long-term growth for PmPerty have agreed to make that Government-owned or c py < 3 U.S. enterprises and promote efficiency intellectual property available on a non, corporation or other estabnah p
i P
" through discriminatory ro Ity free or the Federal Governmedt41 aled n
n of ta ds reasonable royalty sis to allinterested any regulato
- d. Further the poIicy of re1f ance upon Parties. For p oses of this Circular, except forin opender.tcommf== ta j
the pnvate sector to supply Government " technical sta ards that are developed comrnissions insgfar
&re,
.1 i
needs for goods and services.
oradoptedb voluntaryconsensus to separate statutory rsq'airements :
6,,,
standard bo es" is an equivalent term.
regarding the use of voluntarf consensus standards. It does n?/
l Definitions of 5 Jarda (1) Voluntary consensus standards ot taglude ?O l
- 3. What is A &
hodies are domestic or international the legislative or judicial brohches4f thei;,J f
~
organizations which plan, develop, Federal Government. ? - %V4 WF' '9
- a. The term st$
sechm. cal standard as ch ct, includes all establish, or coordinate voluntary
- 6. What Is 'Ihe Policy,For Federellies 2 $r of the follow ing:
consensus standards using agreed upon Of Standards? N 5 7,QXgh.c d (1) Common ana repeated use of procedures. For purposes of this All federal agencies usust'uasGMNAh voluntary consensos'standirdsin IIshof M rules, conditlons, guidelines or Circular, "volunta private sector, characteristi 3 fo roducts or reltted consensus standa bodies," as cited in government unique mad =dsla 1$1:j l
processes an I p uction methods, and Act,is an equivalent term. The Act and Procurement and regulatorypcGetties, MM l
related management systems practices.
the Circular encourage the participation exc'Pt where InconsistaintNrith intr'erQ7 (2)The definition of terms:
of federal representatives in these otherwise impracticalj,In;thesi6
'y bodies to increase the likelihood that circumstances.)ingthefeason(4 out agencyVn y
classification of computes: specification the standards they develop will meet nents:
a Aport desdb delineation of proce of dimensions, materials, performance, both public and private sector needs. A use of government 41alqu's)s
. lieu of uluntary.conboar#fe==dgdyp designs, or operations; measurement of voluntary consensus standards body is i
quality and quantity in describmg defined by the following attributes:
the Office of,Managenant and, Qh materials, processes, products, systems, (i) O[alance ofinterest.
[OMB) through th'e National
-9 enness.
( g)
(iii) Due process.
StandardsandTechnology.Qb,j [h services, or practices: test methods and
- a. When must my time w - -
s sampling procedures; or descriptions of (vi) An appeals process.
Your agency must use volu voluntary consensus
- ardsTffj,
^@
fit and measurements of size or strength.
(v) Consensus, which is defined as
- b. The term standard does not include general agreement, but not necessarily consensus standards, both domestic and.'
the following:
unanimity, and includes a process for international, in its regulatory and.
(1) Professional standards of personal attempting to resolve objections by procurement activities in lieu of *:
conduct.
3,-
interested parties, as long as all government unique standarda,unises;q e '.i (2) Institutional codes of ethics.
comments have been fairly considered, use of such standards would be :.w%...i
' ~ 7 : h.x up?'O%g
- ?.
u[
t.
a Wr s.
.,,. r w
h%dl[.
- Federal Register /Vol. 63 No. 33/ Thursday, February 19,1998 / Notices 8555
' ll l
' Ip,, t. a ~n.,.
..with applicable law or '
~ development and related activities.
provisions ofinternational treaty
. san==s etherwise lespractical. in all cases, your When properly conducted, standards agreements, your agency should ogsacy has the discretion to decline to development can increase productivity consider international standards in
'une esdating voluntary consensus and efficiency in Government and procurement and regulatory
" standards if your agency determines that industry, expand opportunities for applications.
- such standards are inconsistent with international trade, conserve resources, I. Should my agency give preferer.ce a pplicehle low or otherwise impractical. improve health and safety, and protect - toperformance standards?
W@?mammain=d in whole,in part, or byn)"Use"means lacorporation of a the environment.
In using voluntary consensus f.What considerations should my standards, your agency should give
- -lQ* sederanse for procurement purposes, and agency make when it is consider preference to performance standards s
standard in whole,in : usi a standard?
when such standards may reasonably be h7*4the N
asisusfacein (s).
considering using a standard, used in lieu of prescriptive standards.
i n
- anr1 your agency abould take full account of
- l. How should my agency reference
~
. P
^ 'in which such use would the effect of using the standard on the voluntary consensus standards?
2 h ~ 'the ~ ~
's needs; economy,and of applicable federallaws Your agency shou;d reference A auseets44 be and policies, including laws and voluntary consensus standards, along d%
ineSectual,las riant,or regulations relating to antitrust, national with sources of availability,in m
N
'with'egency mission:or security, small business, product safety, appropriate publications, regulatory N - troultimpbesmoreburdens,orwould environment, metrication, technology orders, and avlated internal documents.
Q.dhe ledsf usefd*then the use of another development, and conflicts of interest.
In regulations, the reference must N.
' ' Mu e.c '
Yourage should also recognize that include the date ofissuana. For all y- ~ '
4 dhMhat'austheagency do when -
use of stan s,ifimproperly other uses, your agency must determine Maoismos is dan.-nana,a by my agency to conducted, can suppress free and fair the most appropriate form of reference,
- .We nnamalan==eweek pficable law or competition; impede innovation and which may exclude the date ofissuance l
e W
technical p ss; exclude saler or less-as long as users are elsewhere directed l 'b : otheredes he band your egency must expensive ucts; or otharwise to the latest issue. If a voluntary
[ (,....tamamit to the OtBce of M nt adversely frect trade, commerce, standard is used and published in an
- Read Budget (OMB), through the National health, or safety, if your agency is agency document, your agency must proposing to incorporate a standard into observe and protect the rights of the l* b ]nstitute of Standards and Technology an== plan =81 ara of the reason (s). a proposed or final rulemaking, your copyright holder and any other similar tsinggovernasot-unique standards agency must comply with the obligations.
k haulofvoluntarycan=aamu.
" Principles of Regulation"(enumerated
- k. What if no voluntary consensus Formore information on in Section 1(b)) and with the other standard exists?
'section 9.
analytical requiremen's of Executive.
In cases where no voluntary
,q%
this policy affect my Order 12866," Regulatory Planning and consensus standards exist, an agency
- ) agency"'s regulatory authorities and '
Review."
may use government-unique standards
't-2=t
- g. Does this policy establish a -
(in addition to other standards, see
_ _This policy does not preempt or preference be' ween consensus and non-Section 6g) and is not required to file a l P, restrkat agencies' authorities e.id consensus standards that are developed report on its use of government unique
- sampan.edlities to make reg htory in the private sector?
standards. As explained above (see darialana authorised by steate. Such This policy does not establish a Section sa), an agency may use regulatory authoritier and
' Preference among standards developed government unique standards in lieu of responsibilities include determining the in the private sector. Specifically, voluntary consensus standards if the use level of acceptable risk: setting tne level agencies that promulgate regulations of such standards would be inconsistent of protection; and balancing risk, cost, reforencing non-consensus standards with applicable law or otherwise and availability of technology in developed in the private sector are not impractical;in such cases, the agency establishing regulatory standards.
required to report on these actions, and must file a report under Section 9a However,to determine whether agencies that procure products or regarding its use of government-unique l
[7 established regulatory limits or targets services based on non consensus standards.
l
. have been met, agencies should use standards are not required to report on
- 1. How may my agency identify i.
, voluntary consensus standards for test such procurements. For example, this voluntaryconsensus standards?
methods, sampling procedures, or Policy allows agencies to select a non-Your agency may identify voluntary i
protocols. -
consensus standard develo d in the consensus standards through databases
- d. How does this policy affect my private sector as a means o establishing of standards maintained by the National l
agency's procurement authority?
testing methods in a regulation and to Institute of Standards and Technology his policy does not preempt or choose among commercial-off-the-shelf (NIST), or by other organizations restrict agencies' authorities and products, regardless of whether the including voluntary consensus responsibilities to identify the underlying standards are developed by standards bodies. other federal agencies, capabilities that they need to obtain voluntary consensus standards bodies or or standards publishing companies.
through procurements. Rather, this not.
- 7. What Is The Policy For Federal policy limits an agency's authority to -
- h. Does this policy establish a Participation In Voluntary Consensus pursue an identified capability through ' preference between domestic and Standards Bodies?
reliance on a government unique international voluntary consensus Agencies must consult with voluntary
- standard when a voluntary consensus standards?
consonsus standards bodies. both standard exists (see Section 6a).
This policy does not establish a domestic and international, and must
- o. What are the goals of agency use of preference between domestic and participate with such bodies in the viluntary consensus standards?
international voluntary consensus development of voluntary consensus Agencies should recognize the standards. However, in the interests of standards when consultation and positive contribution of standards promoting trade and implementing the participation is in the public interest
~. _.. _
i P
i 8556 Federal Register /Vol. 63, No. 33/ Thursday, February 19,1998 / Notices l
l anu is compatible with their missions, regulations. For example, agency proceedings by any individual.
I authorities, pricrities, and budget support is subject to legal and budgetary Regardless, such agency employees, i
l resources.
authority and availability of funds.
must avoid the practice or the l
- u. What are the purposes of agency Similarly, participation by agency appearance of undue influence relating l
participation?
employees (whether or not on behalf of to their agency representation and l
ngency representatives should the agency) in the activities of voluntary activities in voluntary consensus participate in voluntary consensus consensus standards bodies is subject to standards bodies.
standards activities in order to the laws and regulations that apply to
- h. Are there any limits on the number accomylish the following purposes:
panicipation by federal employees in of federal participants in voluntary l1) tdiminate the necessity for the activities of outside organizations.
consensus standards bodies?
>L development or maintenance of separate While we anticipate that participation The number ofindividual q Government-unique standards.
in a committee that is developing a participants in a given voluntary (2) Fmther such national goals and standard would generally not raise standards activity should be kept to the
(
objectives as increased use of the metric significant issues, participation as an minimum required for. effective system of measurement; use of officer, director, or trustee of an representation of the various program, environmentally sound and energy organization would raise more technical, or other concems of federal efficient materials, products, systems, significant issues. An agency should agencies.
~
o.
services, or practices; and improvement involve its agency ethics officer, as
- 1. Is there anything else agency i
i of public health and safety.
appropriate, before authorizing support representatives should know?
- b. What are the general principles that for or participation in a voluntary This Circular does not provide apply to agency support?
' consensus standards body.
guidance concerning the internal Agency support provided to a
- e. Does agency participation indicate operating procedures that may be whmtarv consensus standards activity endorsement of any decisions reached applicable to voluntary consensus I
must be limited to that which clearly by voluntary consensus standards standards bodies because of their,
funhers agency and departmental bodies?
relationships to agencies under thia. -
missions, authorities, priorities, and is Agency participation in voluntarv Circular. Agencies should, however,'
l cont,istent with budget resources.
consensus standards bodies does not carefully consider what laws or rules l
Agency support must not be contingent necessarily connote agency agreement may apply in a particular instance upon the outcome of the standards with, or endorsement of, decisions because of these relationships. For activity. Normally, the total amount of reached by such organizations.
example, these relationships may federal support should be no greater
- f. Do agency representatives involve the Federal Advisory r'anmie m.
, 4' than that of other participants in that Participate equally with other members? Act, as amended (5 U.S.C. App.1), ora
- i activity, except when it is in the direct Agency representatives serving as provision of an authorizing statute for a 4 "
I and predominant interest of the members of voluntary consensus particular agency, C.- M W M i Government to develop or revise a standards bodies should articipate J. What if a volun consaneus&gg~ i standard, and its timely development or actively and on an equal asis with standards body is lik to i
revision appears unlikely in the absence other members, consistent with the acceptable, needed standisd.
of such support.
Procedures of those bodies, particularly fashion?.
% 11 4
- c. What forms of support may my in matters such as establishing body is in the process ofdeW ' h.
If a voluntary consensus etsiidsr
' i agency provide?
Priorities, developing procedures for I
The form of agency support, may Prepanng, reviewing, and approving adopting a voluatary conannans cQ b include the following:
standards, and developing or adopting standard that would,likely be 1swlmiqfg (1) Direct financial support; e.g.,
new standards. Active participation and practical for an agonicy teens.,aTads 7 J I
grants, memberships, and contracts.
includes fullinvolvement in would likely be develop ~ ed pr~
WM (2) Administrative support; e.g., travel discussions and technical debates, on a timely basis,an agency
'metj costs, hosting of meetings, and registering of opinions and,if selected, be developing its own governmentit-f@
as chairpersons or in other uni u'e standard and instead =hninMiifdM servinf capacities. Agency secretarial functions.
voluntary consensus meandaw (3) Technical support; e.g.,
officia par cipating in the activitled tsf abbh.
cooperative testing for standards representatives may vote,in accordance
$p. i
- 8. What Is The Policy On r' ansa =mit evaluation and participation of agency with the procedures of the voluntary '
personnel in the activities of soluntary consensus standards body, at each stage Assessment?
s : AMSGMN..
Section 12(b)of thii ActaequiresMIST to coordinate Federal, S consensus standards bodies.
of the standards development process (4) Joint planning with voluntary unless prohibited from doing so by law d
I consensus standards bodies to promote or their agencies, standards activities and comformitp h w l
the identification and development of
- g. Are there any limitations on assessment activities with pdvatesealer f,. 0 l
needed standards, participation by agency representatives? standards activities and mnfnenderg-g-l (5) Participation of agency personnel.
In order to maintain the assessment activities, with'ths'ged.shLw l
- d. Must agency participants be independence of voluntary consensus eliminating unn du cetion;w..n authorized?
standards bodies, agency representatives and complexity in the e pena =8' sed'.%
Agency employees who, at must refrain from involvement in the promulgation of mar-mHy"aaessemeisth $
l Government expense, participate in internal management of such requirements and measures, To ensure F 3 standards activities of voluntary organizations (e.g., selection of salaried effective coordination, the Secretary of i, i ?
consensus standards bodies on behalf of officers and employees, establishment of Commerce must issue guidance to thei the agency must do so as specifically staff salaries and administrative agencies.
v
- ~
authorized agency representatives.
policies). Agency representatives must and Reporting of Agency support for, and participation not dominate such bodies, and in any ag]e g
j.
by agency personnelin, voluntary case are bound by voluntary consensus
_a consensus standards bodies must be in standards bodies' rules and procedures,
- 9. What is My Agency Raquired to? N.' - 4 compliance with applicable laws and including those regarding domination of Report?
s g 9/J m
.,.,.kd N
. c. +
[
,W r-
!k Mr.;-. Federal Register /Vcl. 83, No. 33/ Thursday, Ftbruary 19,1998 / Notices 8557 c
Q(t imigelsed.the Act, your agency. use of voluntary consensus standards ~, as voluntary consensus stand s mus is.
, nointer than described in section 9b. This policy identified, provide a statement to that Q~
St ofeach year,the decasions establishes two ways, category based effect.
your assocy in the previous fiscal reporting and transaction based
- 12. What Are The Procedures For year to use government unique reporting, for agencies to manage and Reporting My Agency's Use Of standards in lieu of voluntary consensus report their use of standards. Your Standards in Procurements?
- f. dandssds. If no voluntary consensus agency must report all uses of standards To identify, manage, and review the
.:.-Miended suists, your agency does not in one or both ways.
standards used in your agency's govemment.
- 11. What Are The Procedures For procurements, your agency must either M'isse81o leport its use ofdditiati, an Membique standesqls;(la a Reporting My Agency's Use Of report on a categorical basis or on a la mot seguired to on its Standards In Regulations?
transaction basis.
1
' 'itandards.~See on og.)
Your agency should use transaction
- a. How does my agency report the use agiinftmut include an.
based reporting if your agency issues of standards in procurements on a
^'of the reason (s) why use of regulations that use or reference categorical basis?
- .c
^ ^ ^bWim4E=a======= standard standards. If your agency is issuing or Your agency must report on a category y
Q.[ '
=Immat with applicable revising a regulation that contains a basis when your agency idenufies, 1sf adherwiseimprareir=1 as standard, your agency must follow these manages, and reviews the use of
'~
4 h _^'-- 11b(2),12a(3),and procedures:
standards by group or category. Category A
- s(
Orcular.Your
- a. Publish a request for comment based reporting is especially useful M.iqbustssportla encordance format within the preamble of a Notice of when your agency either conducts large
,N " b,Touragency must sepost to NIST,
^
- -- Assued by NIST.'
Proposed Rulemaking (NPRM) or procurements or large numbers of f%
Interim Final Rule (IFR). Such request procurements using government unique g selstarthann=a==har 31 of each year, must provide the appropriate standards, or is involved in long term Qdadessestine en the nature and extent of information, as follows:
procurement contracts which require '
< Gegencyperticipation in the development (1) When your agency is proposing to replacement parts based on gove,rnment-
.:. Mund use of voluntary conemanus use a voluntary consensus standard, unique standards. To report use of
[ standards Emsn the previous fiscal year. provide a statement which identifies government unique standards on a AJour agency must report in accordance such standard.
categorical basis, your agency must:
ne.:with forenst instructions issued by (2) When your agency is proposing to (1) Maintain a centrauzed standards bl34BEST. Such reporting must include the use a govemment-unique standard in management system that identUles how uses both govemmer.t-
)
at lieu of a voluntary consensus standard,
<$@"Winun$s.,,
your agenc[ voluntary consensus st of voluntary provide a statement which identifies unique an standards bodies in which such standards and provides a standards.
l 4
je participation,as well as preliminary explanation for the (2) Systematically review your t
egency employees proposed use of a govemment-unique -
agency's use of govemment-unique
^
participating standard in lieu of a voluntary standards for conversion to voluntary
- 4 ytaline number of voluntary consensus standard.
consensus standards.
. -== standards the
- has (3) When your agency is proposing to (3) Maintain records on the groups or A usedsince the last report, on the use a govemment-unique standard, and categories in which your agency uses i
__ _ set forth in sections 11 and no voluntary consensus standard has government-unique standards in lieu of 12 of this Circular.
been identified, a statement to that voluntary consensus standards.
(3) Identification of voluntary effect and an invitation to identify any including an explanation of the reasons
~ consensus standards that havebeen such standard and to explain why such for such use, which must be transmitted substituted for govemment-unique standard should be used.
according to Section 9a.
standards as a result of an agency
- b. Publish a discussion in the (4) Eriable potential offerors to suggest review under section ISb(7) of this preamble of a Final Rulemaking that voluntary consensus standards that can
- Chcular, restates the statement in the NPRM or replace government unique standards.
(4) An evaluation of the effectiveness IFR, acknowledges and summarizes any
- b. How does my agency report the use of this policy and recommendations for comments received and responds to of standards in procurements on a them, and explains the agency's final transaction basist
- any changes.
- c. No laiter than the folio January decision.This discussion must provide Your agency should repott on a 31 NIST must transmit to a
the appropriate information, as follows: transaction basis when your agency
=9 mary report of the information (1) When a voluntary consensus identifies, manages, and reviews the use seceived..
standard is being used, provide a of standards on a transaction basis
,10. How Does My Agency Manage statement that identifies such standard rather than a category basis. Transaction And Itaport its Development and Use Of. and any altemative voluntary consensus based reporting is especially useful Standards? :
standards which have been identified.
when your agency conducts
.Your must establish a process
- (2) When a government-unique procurement mostly through h
, manage, and review your.
standard is being used in lieu of a commercial products and services, but s development and use of agency'ds. At =laimum, your agency voluntary consensus standard, provide a is' occasionally involved in a standar statement that identifies the standards procurement involving govemment-inust have the ability to (1) report to and explains why using the voluntary unique standards.To report use of mfB through NIST on the agency's use consensus standard would be government unique standards on a of government-unique standards in lieu inconsistent with applicable law or transaction basis, your agency must i
of voluntary consensus standards, along otherwise impractical. Such explanation follow the following procedures:
, with an explanation of the reasons for must be transmitted in accordance with (1)In each solicitation which
- such non-usage, as described in section the requirements of Section 9a.
references government-unique en,and (2) report on your agency's (3) When a govemment-unique standards, the solicitation must:
participation in the development and standard is being used, and no (i) Identify such standards.
w..
E i
8558 Federal Register /Vol. 63. No. 33/ Thursday, February 19,1998 / Noticer (11) Provide potential offerors an
- c. In the case of an agency with Orcular, including the development opportunity to suggest alternadve significant interest in the use of and implementation of an agency-wide voluntary consensus standards that standards, designate a senior level directory identifying agency employees meet the agency's requirements.
official as the Standards ExecutT e who participating in voluntary consensus (2)If such suggestions are made and will be responsible for the agency's standards bodies and b identification the agency decides to use government-implementation of this Circuar and of voluntary consensus standards unique standards in lieu of voluntary who will represent the agency on the bodies.
consensus standards, the agency must ICSP.
(6) Preparing, as described in Section explain in its report to OMB as
- d. Transmit the annual report
- 9. a report on uses of governmane-described in Section 9a why using such prepared by the Agency Standards unique standards in lieu of voluntary voluntary consensus standards is Executive as described in Sections 9 and consensus standards and a re on the inconsistent with applicable law or 15b(6).
status Mapacy standards po otherwise impractical.
- 15. What Are The Responsibilities Of acuvitin.
- c. For those solicitadons that are for Agency Standards Executivest commercial-off the-shelf products An Agency Standards Executive:
(7) Establishing a process for (CCTI S), or for products or services that
- a. Promotes the following goals miew d se agency's use M l
rely on voluntary consensus standards (1) Effective use of agency resources for purposes of updating such use.
or non. consensus standards developed and participation.
(8) Coordinating with ap in the private sector, or for products that (2) The development of agency a6ency offices (e.g., budget legal otherwise do not rely on government.
positions that are in the public internt omces) to ensure that e5sotive unique standards, the requirements in and that do not conflict with each other. promsses exist for the miew of this section do not apply.
(3) The development of agency proposed agency support for, and positions that are consistent with participatJon in, voluntary ev=====us I
Agency Responsibilities administradon policy.
standards bodies, so that agency pport
- 13. What Are The Responsibilities Of (4) The development of agency and participation will comply The Secretary Of Commerce?
technical and policy positions that are applicable laws and rad =&
l The Secretary of Commerce:
clearly defined and known in advance S*PP ematary Inferenetion l
- a. Coordinates and fosters executive to all federal participants on a given branch implementation of this Orcular committee.
- 16. When WillThis Orcular Be and, as appropriate. provides
- b. Coordinates his or her agency's Reviewed?
administrative guidana to assist Participation in voluntary consensus This OrculWilbe M for -
agencies in implementing this Circular standards bodies by:
eHocdveness by b OMB em P*"
~
including guidance on identifying (1) Establishing procedures to ensure h mwd h
- voluntary consensus standards bodies that agency representatives who and voluntary consensus standards.
Participate in voluntary consensus
- 17. What la De legalE, 5ect Of, Dis 2; :
- b. Sponsors and supports &
standards bodies will, to the extent _.
Orcularf
,j g Interagency Committee on Standards Possible, ascertain the views of the Authority for this Q cularinhened Policy (ICSP), chaired by the Nadonal agency on matters of paramount interest 31 U.S.C.1111, which gives CNB Institute of Standards and Technology, and will, at a minimum, express views authority to==*.hu.h policissierensh$e which considers agency views and that are not inconsistent or in rannW improved====g===n* of the IN=rmined.,
advises the Secretary and agency heads with established agency views.
Branch. %is Orcular is latended tou. ^
on b Crcular.
(2) To the extent possible, enauring implement Sarrian 12(d)afPublicImur, 4N
- c. Reports to the Director of OMB that the agency's participation in 104.-113 and to a=*=hkah policies 4hatfi.
concerning the implementauon of the voluntary consensus standards bodiea is willimprove the internal 4
policy provisions of this Circular consistent with agency missions, of the Executive Branch.hindssulards
- d. Establishes procedures for agencies authoritias, priorities, and budget not intended to creats delay in the ppfM '
to use when developing directories resources, admf al=*>stive process, provideJoew, C, g described in Section 15b(5) and (3) Ensuring, when two or more grounds for judicial miew, er asente W 0 establish procedures to make these agencies participate in a givenvoluntary new ts or beneSta,substasilee er 4C
~
directories available to the public.
consensus standards activity, that they p
ural, enforceable et law er ognity. -
- e. Issues guidance to the agencies to coordinate their views on matters of by a party against the United Seite paramount importance so as to es or instr====saussam. grles A,c whenever feasible, a single, unigresent, cars or employees. ' +.v6 AA f improve coordination on conformity ed assessment in accordance with secuan 8.
position and,where not feasible, a
- 18. Do You Have Further tha==*a.==.e-N (.
- 14. What Are The Responsibilities Of mutual recognition of differences.
For inforadon 4W'N"' li The Heads Of Agencies?
(4) Cooperating with the Secretary in. Orcula M *d
' S' The Heads of Agencies:
carryin out his or her responsibilities Mans and Bu
- a. Implement the policies of this under
's Circular.
""d
&JU
.Inyf Orcular in accordance with procedures (5) Consulting with the
, as as; % Q. ' w y" ".
p P 2
described, necessary,in the development an
- b. Ensure agency compliance with the issuance ofinternal agency procedures IFR Doc. 96-4177 Filed '3 -18hteg eses sed.i,, ;,
policies of the Circular.
and guidance implementing this suas caos somew
<1A N'T w.
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O b
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-