[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Notices]
[Pages 76397-76399]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30864]
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DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
[Docket No. 0909100442-0563-02]
Effectiveness of Federal Agency Participation in Standardization
in Select Technology Sectors for National Science and Technology
Council's Sub-Committee on Standardization
AGENCY: National Institute of Standards and Technology, Department of
Commerce.
ACTION: Request for Information.
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SUMMARY: The National Institute of Standards and Technology, on behalf
of the National Science and Technology Council's Sub-Committee on
Standards, invites interested parties to provide their perspectives on
the effectiveness of Federal agencies' participation in the development
and implementation of standards and conformity assessment activities
and programs. This information will help the Sub-Committee on Standards
develop case studies that Federal agencies can consider in their future
engagement in standards development and conformity assessment,
particularly for multi-disciplinary technologies, or for technologies
involving engagement from multiple Federal agencies.
DATES: Comments are due on or before 11:59 p.m. on February 7, 2011.
ADDRESSES: Comments will be accepted by e-mail only. Comments should be
sent to SOS_RFI@nist.gov with the subject line ``Standardization
feedback for Sub-Committee on Standards.''
FOR FURTHER INFORMATION CONTACT: Ajit Jillavenkatesa, 100 Bureau Drive,
Stop 1060, Gaithersburg, MD 20899-1060, 301-975-8519,
ajit.jilla@nist.gov.
SUPPLEMENTARY INFORMATION: On March 24, 2010, the U.S. Chief Technology
Officer and Associate Director for Technology in the White House Office
of Science and Technology Policy, Aneesh Chopra, announced the
establishment of a Sub-Committee on Standards under the National
Science and Technology Council's Committee of Technology. (http://www.whitehouse.gov/blog/2010/03/24/providing-leadership-standards-address-national-challenges). The Sub-Committee includes leaders of
executive branch agencies and commissions that have an interest in, or
are involved with, technical standards. It is co-chaired by Patrick
Gallagher (Director, National Institute of Standards and Technology,
U.S. Department of Commerce). Information about agencies participating
in this Sub-Committee, and its charter is available at: http://www.standards.gov/standards_gov/nstcsubcommitteeonstandards.cfm. By
examining the various methods that Federal agencies use to engage in
standards-development activities in partnership with the private
sector, the Sub-Committee on Standards intends to develop information
on how Federal agencies may engage more effectively in the
standardization system in a manner that is consistent with the National
Technology Transfer and Advancement Act of 1995 \1\ and the Office of
Management and Budget Circular A-119.\2\ In support of this objective,
the Sub-Committee is interested in perspectives on (1) the
effectiveness of the methods Federal agencies have used to engage in
standards-setting activities by identifying which methods have enhanced
or limited the public-private standards-setting processes; (2) the
effectiveness of Federal agencies coordination with the private sector;
and (3) the adequacy and availability of Federal resources; and (4)
other issues that arise and are considered during the standards setting
process which impact the process, and the timeliness, adoption and use
of the resulting standards.
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\1\ National Technology Transfer and Advancement Act of 1995,
Public Law 104-113, 110 Stat. 775--784 (1996).
\2\ OMB Circular A-119 Revised, Federal Participation in the
Development and Use of Voluntary Consensus Standards and in
Conformity Assessment Activities (rev. Feb. 10, 1998) ] 3, available
at http://www.whitehouse.gov/omb/rewrite/circulars/a119/a119.html.
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Request for Information
The objective of this request is to inform the development of case
studies that will examine the effectiveness of Federal agencies'
participation in standards-setting efforts led by the private sector.
The case studies would provide agencies information on lessons learned
from Federal agency engagement in standards development for
technologies that are complex, multi-disciplinary, exhibit system-type
characteristics, and involve multiple government agencies, and
addressed specific national priorities. Issues impacting U.S.
competitiveness such as the interplay of standards with intellectual
property, competition, and innovation are also significant
considerations in these technology areas. These case studies may inform
decisions about Federal agencies' engagement in standardization for
technologies with similar characteristics. The questions below are
intended to help frame the issues and should not be construed as a
limitation on comments that parties may submit. Comments containing
references, studies, research, and other empirical data that are not
widely published should include copies of the referenced materials. All
comments will be made publicly available.
The Sub-Committee on Standards is specifically interested in
comments that address the questions below as they relate to the
following technologies:
1. Smart Grid.
2. Health Information Technology.
3. Cyber Security.
4. Emergency Communications Interoperability.
5. Radioactivity Detectors and Radiation Monitors (ANSI N42.3x and
N42.4x).
6. Other technologies involving significant Federal agency
participation in standards setting.
For the purposes of this notice, the term ``standards'' and the
phrase ``standards setting'' is used in a generic manner to cover both
standards and conformity assessment development. State and local
governments, standards-setting organizations, industry, consumers,
manufacturers, solution providers, and other stakeholders are invited
to respond. Responses should identify the technologies involved as
appropriate.
Standards-Setting Processes, Reasons for Participation and the Benefits
of Standardization
Emerging technologies offer great potential for delivering new and
improved products and services in the global economy. Standards can
enable further innovation and enhance the value of these new
technologies. Federal law and associated policy guidance has expressed
a general preference for Federal agencies to rely on voluntary
consensus standards, in lieu of government unique standards, through
the National Technology Transfer and Advancement Act of 1995 and Office
of Management and Budget Circular A-119, which encourage agency staff
to participate in standards-development activities led by the private
sector, as appropriate.
Recognizing that stakeholders participate in standards-setting
activities for varying reasons, and in
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order to evaluate the effectiveness of Federal agencies' participation
in standards-setting efforts led by the private sector, the Sub-
Committee invites organizations to provide information on their
participation, and their perceptions of Federal participation in
standards-setting activities related to the case-study technologies
listed above, as well as the current status of the standardization
process for these technologies. The Sub-Committee is interested in
better understanding: Who participates in standards-setting activities?
What are the most important reasons for participation? What are the
benefits of developing standards for this sector? How do the standards
impact organizations and their competitiveness? How has standardization
spurred innovation in the technology sector(s) that is the subject of
your comment? What is the current phase of the standards development
process for this technology? How has the process worked so far? When
developing standards, how are the standards-setting processes managed
and coordinated? Is there a strategic plan that identifies the
standards needs and defines the standards development life cycle? Are
there barriers to developing high level strategies for standard-setting
activities?
Perspectives on Government's Approach to Standards Activities
The Sub-Committee would like to identify and assess the methods by
which Federal agencies work with standards-setting organizations,
industry, State and local governments, and consumers to develop
standards. The Federal Government approaches standard setting in
various ways. Sometimes staff members from Federal agencies participate
directly as subject matter experts in standards-setting activities that
are led by the private sector. At other times, agencies identify their
standards needs and requirements, and then reach out to the private
sector to develop the standards. Sometimes, agencies fund private
standards-setting activities to develop standards needed by that
agency. At other times, agencies take an active role in both
identifying standards needs and leading the standards development
process in collaboration with the private sector. In many technology
sectors, multiple Federal agencies with differing roles and mandates
participate in standards-development activities.
Responses to the following questions will help the Sub-Committee to
better understand which methods of engagement by Federal agencies are
most effective and why. What methods of engagement are used by Federal
agencies to participate in private sector-led standards development?
How transparent is each method? How effective is each method? How could
the methods be improved? What other methods should the Federal agencies
explore? What impact have Federal agencies had on standards activities?
How well do Federal agencies coordinate their roles in standards
activities in the sector of interest? When Federal agencies have been
involved in standards setting efforts in a technology sector, how has
the progress of standards setting efforts in this technology sector
changed after Federal agencies became involved? Are Federal agencies
generally receptive to input from other participants in standards-
setting activities? Does receptiveness tend to depend on whether the
Federal agency is a regulator or a customer? In those sectors where
Federal agencies plays a significant role in standards activities, how
valuable and timely is the work product associated with this effort?
Issues Considered During the Standards Setting Process
Various factors (e.g., technology, competition, innovation,
intellectual property rights, foreign regulations, etc.) arise and are
considered and addressed during standards development. These aspects
play a role in the adoption and use of the standard. The Sub-Committee
is interested in understanding the types of issues that have been
considered, and how these have been addressed/are being addressed. Has
Federal agency participation in standards-setting impacted the
consideration and resolution of these issues, and the standards setting
processes?
With respect to foreign regulations, the Subcommittee is interested
in understanding how foreign technical regulations are considered and
addressed during standards setting or conformity assessment activities.
Are efforts made to determine whether there is potential for overlap or
duplication with existing international standards? How are other
appropriate international standards that may be of interest identified?
Are efforts made to identify existing or planned regional or national
standards that may be considered for use as the basis for foreign
technical regulations, rather than the international standard being
considered by the committee?
With respect to intellectual property, the Sub-Committee would like
to understand the approaches you have experienced or found most
appropriate for handling patents and/or other types of intellectual
property rights that are necessary to implement a standard. How does
the need for access to intellectual property rights by Federal agencies
factor into the use or development of standards? To what extent, if
any, has the development, adoption or use of a standard, by Federal
agencies in this technology sector been affected by holders of
intellectual property? How have such circumstances been addressed? Are
there particular obstacles that either prevent intellectual property
owners from obtaining reasonable returns or cause intellectual property
owners to make IP available on terms resulting in unreasonable returns
when their IP is included in the standard? What strategies have been
effective in mitigating risks, if any, associated with hold-up or
buyers' cartels?
Adequacy of Resources
The availability and commitment of financial resources, personnel,
and industry expertise may impact the success of standards development.
In some instances, changing priorities or changes in an organization's
budget may impact the resources an agency commits to an ongoing
project. The Sub-Committee would like to better understand the
resources that both private sector organizations and Federal agencies
commit to standards-setting activities, constraints on those resources,
and how the level of resources affects the success of the effort. What
resources are needed to successfully complete the efforts? Taking into
account budget constraints and competing initiatives, have Federal
agencies committed adequate resources? What resource constraints impact
the successful completion of the standards efforts?
Process Review and Improvement Metrics
The success and limitations of standards-setting activities and the
associated outcomes may be studied, understood and implemented for
continuous process improvement. Such improvements can help ensure that
Federal agencies participation in standards activities is cost-
effective and will lead to optimal results. Responses to the questions
that follow will help the Sub-Committee better understand what methods
have facilitated or hindered Federal agencies participation in
standardization, recognizing that some standards-setting activities in
the case-study technologies may be not yet be completed. What lessons
about standards development in complex
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technologies have been learned so far? How have these lessons learned
been implemented? Have there been any impediments to implementing these
lessons? How has this information been documented or disseminated, and
implemented? What kinds of performance metrics are appropriate to
measure the effectiveness of the standards-setting process? If any such
performance metrics have been used, what are the results?
Dated: December 2, 2010.
Patrick Gallagher,
Director, National Institute of Standards and Technology, Co-Chair,
National Science and Technology Council's Sub-Committee on Technology.
[FR Doc. 2010-30864 Filed 12-7-10; 8:45 am]
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