[Federal Register Volume 61, Number 250 (Friday, December 27, 1996)]
[Notices]
[Pages 68312-68317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32917]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF MANAGEMENT AND BUDGET
Federal Use of Standards
AGENCY: Office of Management and Budget, Executive Office of the
President.
ACTION: Notice and request for comments on proposed revision of OMB
Circular No. A-119, ``Federal Participation in the Development and Use
of Voluntary Consensus Standards and in Conformity Assessment
Activities.''
-----------------------------------------------------------------------
SUMMARY: The Office of Management and Budget (OMB) is revising Circular
A-119, ``Federal Participation in the Development and Use of Voluntary
Consensus Standards and in Conformity Assessment Activities.'' Public
Law 104-113, the National Technology Transfer Act of 1995 (hereinafter
known as P.L. 104-113), was passed by Congress to codify existing
policies in A-119, to establish additional reporting requirements, and
to authorize the National Institute of Standards and Technology (NIST)
to coordinate conformity assessment activities of the agencies. P.L.
104-113 was signed into law by the President on March 13, 1996. This
proposed revision of Circular A-119 implements the new law and makes
certain other modifications.
DATES: Comments are requested on the proposed revisions to Circular A-
119 no later than February 25, 1997.
ADDRESSES: Direct written comments to: Information Policy and
Technology Branch, Office of Information and Regulatory Affairs, Office
of Management and Budget, NEOB Room 10236, Washington, D.C., 20503. E-
mail comments may be sent to: [email protected].
FOR FURTHER INFORMATION CONTACT: Virginia Huth, Information Policy and
Technology Branch, Office of Information and Regulatory Affairs, Office
of Management and Budget, Room 10236 NEOB, Washington, D.C., 20503.
Telephone: 202-395-3785. The text of this proposed revision and of the
current OMB Circular A-119 are available electronically on the OMB Home
page in the documents section at http://www.whitehouse.gov/WH/ EOP/OMB.
The current version of A-119 is available in paper format by contacting
the OMB Publications Office at (202) 395-7332. To request a fax of the
current A-119, call (202) 395-9068.
SUPPLEMENTARY INFORMATION: Section 12(d) of the National Technology
Transfer Act of 1995 (P.L. 104-113, or ``the Act'') codified the
policies of Circular A-119. Section 12(d)(1) states that ``Except as
provided in paragraph (3) of this subsection, all Federal agencies and
departments shall use technical standards that are developed or adopted
by voluntary consensus standards bodies, using such technical standards
as a means to carry out policy objectives or activities determined by
the agencies and departments.''
To carry out this requirement, Section 12(d)(2) states that
agencies and departments ``shall consult'' with those bodies and
``shall * * * participate'' with them in developing voluntary consensus
standards ``when such participation is in the public interest and is
compatible with agency and departmental missions, authorities,
priorities, and budget resources.''
Finally, Section 12(d)(3) states that, where it would be
``inconsistent with applicable law or otherwise impractical'' to use
standards that those bodies develop or adopt, an agency or department
may use other standards; however, the head of the agency or department
must send to OMB ``an explanation of the reasons for using such
standards.'' The law states that, beginning with fiscal year 1997, OMB
will transmit to Congress and its Committees an annual report
summarizing all explanations received in the preceding year.
This Circular provides instructions, beginning with FY 97, for
agencies to report explanations of instances in which agencies used
standards which were not developed by voluntary consensus standards
bodies. For FY 96, OMB issued a letter on May 17, 1996, to the heads of
departments and agencies notifying them of the Act and of the new
reporting requirement. For the period March 13, 1996 (date of enactment
of the Act) to September 30, 1996, any explanations that agencies have
generated should be transmitted to NIST no later than January 31, 1997,
for forwarding to OMB.
The Act's legislative history confirms that Section 12(d) was
intended to codify the Circular's policies. See 142 Cong. Rec. H1265
(daily ed. February
[[Page 68313]]
27, 1996) (statement of Rep. Morella); 142 Cong. Rec. S1080-81 (daily
ed. February 7, 1996) (statement of Sen. Rockefeller); 141 Cong. Rec.
H14333-34 (daily ed. December 12, 1995) (statements of Reps. Brown and
Morella).
Accordingly, the revisions proposed to the Circular are not
intended to change the policy with respect to agencies' use of
voluntary consensus standards, but instead are intended to conform the
Circular's terminology to the Act and to increase the Circular's
clarity and effectiveness.
Summary of Changes
This proposed revision incorporates the following changes:
(1) Section 5 clarifies the definitions for ``agency'' and
``standard.'' The definition for ``adoption'' has been replaced by a
definition for ``use.'' The definition for ``voluntary standards'' has
been replaced by a definition for ``voluntary consensus standards.''
The definition for ``voluntary standards bodies'' has been replaced
with a definition for ``voluntary consensus standards bodies.'' New
definitions for ``conformity assessment,'' ``impractical,''
``performance standard,'' and ``technical standard'' have been added.
Finally, terminology throughout the Circular has been modified to
reflect these changes.
(2) Section 6a has been revised to state that these policies apply
to all policy objectives and activities, including procurement and
regulatory activities, to clarify that these policies do not pre-empt
or restrict agencies' authorities and responsibilities to regulate, and
to clarify that agencies retain discretion to decline to use an
existing voluntary consensus standard if the agency determines that
such standard is inconsistent with applicable law or otherwise
impractical.
(3) Section 6b has been modified to state that agencies are to
refrain from actively participating in standards development committees
when involvement in such committees does not clearly relate to the
mission of the agency and to avoid dominating committee proceedings.
Section 7b.6 has been modified to state that agency support for
standards development activities is not to be contingent upon the
outcome of the standards activity.
(4) Section 6c has been modified to reflect the need for greater
coordination among the federal agencies prior to their participation on
technical committees. The material in Section 7c, which provides
guidance on this subject, was formerly Sections 8b.2(a-e) and 8b.3.
Some minor changes were made to ensure consistency in terminology.
Section 9c has been added in order to make coordination of standards
activities the explicit responsibility of the Standards Executive.
(5) Section 7a.5 has been added to describe one way in which
agencies may identify voluntary consensus standards.
(6) Section 8 establishes procedures for reviewing existing
voluntary consensus standards when issuing or revising a regulation or
initiating a procurement. Such procedures provide for public notice and
comment on proposed standards and require agencies to respond to public
comment and to explain the final outcome.
(7) Section 10a establishes requirements for reporting on
exceptions to the use of voluntary consensus standards, as required by
P.L. 104-113. The reporting requirements of Section 10b, although not
required by statute, have been retained. The language has been modified
to provide for coordination with the reporting requirements in Section
10a.
(8) Section 10 directs the National Institute of Standards and
Technology to issue guidance to the agencies in order to promote the
coordination of Federal, State, and local standards activities and
conformity assessment activities with the private sector, as required
by Section 12(b) of P.L. 104-113.
Accordingly, OMB Circular A-119 is proposed to be revised as set
forth below.
Sally Katzen,
Administrator, Office of Information and Regulatory Affairs.
To the Heads of Executive Departments and Establishments
Subject: Federal Participation in the Development and Use of Voluntary
Consensus Standards and in Conformity Assessment Activities
1. Purpose. This Circular establishes policy to be followed by
agencies in working with voluntary consensus standards bodies and in
using voluntary consensus standards, in accordance with Section 12(d)
of the National Technology Transfer and Advancement Act (hereinafter
cited as P.L. 104-113). It also implements reporting requirements for
the use of voluntary consensus standards and addresses the role of the
National Institute for Standards and Technology (NIST) in coordinating
conformity assessment activities.
2. Rescissions. This Circular supersedes OMB Circular No. A-119,
dated October 20, 1993, which is rescinded.
3. Background. Many standards that are developed by voluntary
consensus standards bodies are appropriate or adaptable for the
Government's purposes. The adoption of such standards, whenever
practicable and appropriate, eliminates the cost to the Government of
developing its own standards. At the same time, Government
participation in standards-related activities provides incentives and
opportunities to establish standards that serve national needs.
Moreover, harmonization of standards promotes efficiency and economic
competition, thus encouraging long-term growth for U.S. enterprises.
Adoption of standards developed by voluntary consensus standards bodies
also furthers the policy of reliance upon the private sector to supply
Government needs for goods and services, as stated in OMB Circular No.
A-76, ``Performance of Commercial Activities.''
4. Applicability. This Circular applies to all agency participation
in voluntary consensus standards activities, domestic and
international, but not to activities carried out pursuant to treaties
and international standardization agreements.
5. Definitions. As used in this Circular:
a. Agency means any executive department, independent commission,
board, bureau, office, agency, Government-owned or controlled
corporation or other establishment of the Federal Government, including
any regulatory commission or board, except for independent regulatory
commissions insofar as they are subject to separate statutory
requirements regarding the use of voluntary consensus standards. It
does not include the legislative or judicial branches of the Federal
Government.
b. Conformity assessment means any procedures used directly or
indirectly to determine if relevant requirements in technical
regulations or standards are fulfilled. The activities which are
commonly termed ``conformity assessment'' include product testing,
inspection and/or certification, including self-certification;
accreditation of testing and calibration laboratories; and management
system registration (for both quality and environment). Conformity
assessment procedures include: sampling, testing and inspection,
evaluation, verification and assurance of conformity, laboratory
accreditation (for both testing and calibration), registration
accreditation, and approval.
[[Page 68314]]
c. Impractical, with respect to an agency's decision not to use an
existing voluntary consensus standard, includes circumstances in which
such use would demonstrably fail to serve the agency's program needs;
would be infeasible; would be unnecessarily duplicative, inadequate,
inefficient, or inconsistent with agency mission; or would impose more
burdens, or would be less useful, than the use of another standard.
d. Performance standard means a standard that states requirements
in terms of required results with criteria for verifying compliance but
without stating the methods for achieving required results. A
performance standard defines the functional requirements for the item,
the environment in which it must operate, and interface and
interchangeability characteristics, while a design standard specifies
design requirements, such as materials to be used, how a requirement is
to be achieved, or how an item is to be fabricated or constructed.
``Performance standard'' is a subset of ``standard'' as defined in
section 5f. of this Circular.
e. Secretary means the Secretary of Commerce or that Secretary's
designee.
f. Standard (or ``technical standard,'' as found in P.L. 104-113),
as used in this Circular, means: (1) Common and repeated use of rules,
conditions, guidelines or characteristics for products or related
processes and production methods; (2) the definition of terms;
classification of components; delineation of procedures; specification
of dimensions, materials, performance, designs, or operations;
measurement of quality and quantity in describing materials, products,
systems, services, or practices; or descriptions of fit and
measurements of size; (3) ``performance standard'' as defined above; or
(4) ``non-government standard'', which is defined as a standardization
document developed by a private sector association, organization or
technical society which plans, develops, establishes or coordinates
standards, specifications, handbooks, or related documents. The term
does not include professional standards of personal conduct,
institutional codes of ethics, or standards issued by individual
companies. It also does not include standards created under other legal
authority, such as those contained in the United States Pharmacopeia
and the National Formulary, as referenced in 21 U.S.C. 351. A
``Standard'' may also be a ``voluntary consensus standard,'' as defined
below, or it may be what are commonly referred to as ``industry
standards'' or ``de facto standards,'' which are developed by industry
associations which do not always adhere to the full consensus process.
g. Technical Standard, as used in this Circular, is synonymous with
``standard.'' Examples of technical standards include, but are not
limited to, size and strength specifications; technical performance
criteria for a product, process, or material; test methods; procurement
guidelines; sampling procedures; business practices; management
systems; definitional standards; and installation safety codes.
h. Use means (i) use of the latest edition of a standard in whole,
in part, or by reference for procurement purposes, and (ii) the
inclusion of the latest edition of a standard in whole, in part, or by
reference in regulation(s).
i. Voluntary consensus standards are standards developed or used by
voluntary consensus standards bodies, both domestic and international,
and which are made available in a manner which includes provisions
requiring that owners of relevant intellectual property have agreed to
make that intellectual property available on a non-discriminatory,
royalty-free or reasonable royalty basis to all interested parties. A
``Voluntary consensus standard'' may also be known in common usage as a
``voluntary standard,'' a ``consensus standard,'' or a ``consensus
technical standard.''
j. Voluntary consensus standards bodies are domestic or
international organizations which plan, develop, establish, or
coordinate voluntary standards using agreed-upon procedures. For
purposes of this Circular, ``voluntary, private sector, consensus
standards bodies,'' as cited in P.L. 104-113, is an equivalent term.
These bodies may include nonprofit organizations, industry
associations, accredited standards developers, professional and
technical societies, institutes, committees, task forces, or working
groups. P.L. 104-113 and this Circular encourage the participation of
government representatives in these bodies to increase the likelihood
that the standards they develop will meet both public and private
sector needs. A voluntary consensus standards body observes principles
such as openness, balance of interest, and due process. Further,
voluntary consensus standards bodies operate by consensus, which is
defined as general agreement, characterized by the absence of sustained
opposition to substantial issues by any important part of the concerned
interests. Consensus requires that all views and objections be
considered and that an effort be made toward their resolution.
6. Use and Development of Voluntary Consensus Standards. a.
Agencies shall use existing voluntary consensus standards, both
domestic and international, in their regulatory and procurement
activities as a means of carrying out policy objectives or activities
determined by the agencies, unless use of such standards would be
inconsistent with applicable law or otherwise impractical. Agencies
shall use such voluntary consensus standards for test methods,
procurement guidelines, management systems, sampling procedures, or
protocols to determine whether established regulatory limits or targets
have been met. This requirement does not preempt or restrict agencies'
authorities and responsibilities to make regulatory decisions
authorized by statute. Such regulatory authorities and responsibilities
include determining the level of acceptable risk; setting the level of
protection; and balancing risk, cost, and availability of technology in
establishing regulatory standards. Agencies retain discretion to
decline to use existing voluntary consensus standards if the agency
determines that such standards are inconsistent with applicable law or
otherwise impractical.
b. Agencies shall consult with voluntary consensus standards bodies
and shall participate with such bodies in their development and
adoption of voluntary consensus standards when, in the determination of
the agencies, participation is in the public interest and is compatible
with their missions, authorities, priorities, and budget resources.
Agency representatives shall refrain from actively participating in
voluntary consensus standards bodies or their committees when
involvement does not relate to the mission of the agency. In all cases,
agency representatives shall ensure that the agency's influence does
not dominate proceedings.
c. Agencies shall coordinate their participation in voluntary
consensus standards bodies so that: (1) The most effective use is made
of agency resources and representatives; (2) the views expressed by
such representatives are in the public interest and, at a minimum, do
not conflict with the interests and established views of the agencies;
(3) the positions among agencies serving on the same technical
committees are consistent with administration policy; and (4) agency
technical and policy positions are clearly defined and known in advance
to all federal participants on a given committee.
7. Guidelines. In implementing the policy established by this
Circular,
[[Page 68315]]
agencies should recognize the positive contribution of standards
development and related activities. When properly conducted, standards
development can increase productivity and efficiency in Government and
industry, expand opportunities for international trade, conserve
resources, improve health and safety, and protect the environment. It
also must be recognized, however, that these activities, if improperly
conducted, can suppress free and fair competition; impede innovation
and technical progress; exclude safer and less expensive products; or
otherwise adversely affect trade, commerce, health, or safety. Full
account in carrying out this policy shall be taken of the impact on the
economy, applicable Federal laws, policies, and national objectives,
including, for example, laws and regulations relating to antitrust,
national security, small business, product safety, environment,
metrication, technological development, and conflicts of interest. The
following guidelines are provided to assist and govern the agencies'
use of, and participation in the development and adoption of, voluntary
consensus standards.
a. Use of Voluntary Consensus Standards. (1) In the interests of
promoting trade and implementing the provisions of the Agreement on
Technical Barriers to Trade and the Agreement on Government Procurement
(commonly referred to as the Technical Barriers to Trade (TBT)
Agreement and the ``Procurement Code,'' respectively) of the World
Trade Organization, international standards (standards developed and/or
adopted by international voluntary consensus standards bodies) should
be considered in procurement and regulatory applications.
(2) In using voluntary consensus standards, preference should be
given to standards based on performance criteria when such criteria may
reasonably be used in lieu of design, material, or construction
criteria.
(3) Voluntary consensus standards used by agencies should be
referenced, along with their dates of issuance and sources of
availability, in appropriate publications, regulatory orders, and
related in-house documents. Such use should take into account the
rights of copyright holders and other similar obligations.
(4) Agencies should not be inhibited from developing and using
government standards in the event that voluntary consensus standards
bodies cannot or do not develop a needed, acceptable standard in a
timely fashion. Nor should this Circular be construed as committing any
agency to the use of a voluntary consensus standard which, after due
consideration, is determined by the agency to be inconsistent with
applicable law or otherwise impractical.
(5) Voluntary consensus standards may be identified through
databases of standards maintained by the National Institute of
Standards and Technology (NIST) or by voluntary consensus standards
bodies.
b. Participation in Voluntary Consensus Standards Bodies. (1)
Participation by knowledgeable agency employees in the standards
activities of voluntary consensus standards bodies, both domestic and
international, should be actively encouraged and promoted by agency
officials when consistent with P.L. 104-113 and this Circular.
(2) Agency employees who participate in standards activities of
voluntary consensus standards bodies shall do so as specifically
authorized agency representatives. Agency representatives shall refrain
from actively participating in standards development committees when
involvement in such committees does not relate to the mission of the
agency. Agency participation in voluntary consensus standards bodies
does not necessarily connote agency agreement with, or endorsement of,
decisions reached by such organizations.
(3) Agency representatives shall participate in such bodies'
development of voluntary consensus standards that:
(i) Will eliminate the necessity for development or maintenance of
separate Government standards; and
(ii) Will further such national goals and objectives as increased
use of the metric system of measurement; environmentally sound and
energy efficient materials, products, systems, services, or practices;
and public health and safety.
(4) Agency representatives serving as members of voluntary
consensus standards bodies should participate actively and on an equal
basis with other members. In doing so, agency representatives should
not seek to dominate such groups. Active participation includes full
involvement in discussions and technical debates, registering of
opinions and, if selected, serving as chairpersons or in other official
capacities. Agency representatives may vote, in accordance with the
procedures of the voluntary consensus standards body, at each stage of
standards development unless prohibited from doing so by law or their
agencies.
(5) The number of individual agency participants in a given
voluntary standards activity should be kept to the minimum required for
effective presentation of the various program, technical, or other
concerns of Federal agencies.
(6) Agency support provided to a voluntary consensus standards
activity shall be limited to that which is clearly in furtherance of an
agency's mission and responsibility. Agency support shall not be
contingent upon the outcome of the standards activity. Normally, the
total amount of Federal support should be no greater than that of all
other participants in that activity, except when it is in the direct
and predominant interest of the Government to develop or revise a
standard and its development or revision appears unlikely in the
absence of such support. The form of agency support, subject to legal
and budgetary authority, and availability of funds, may include:
(i) Direct financial support; e.g., grants, sustaining memberships,
and contracts;
(ii) Administrative support; e.g., travel costs, hosting of
meetings, and secretarial functions;
(iii) Technical support; e.g., cooperative testing for standards
evaluation and participation of agency personnel in the activities of
voluntary consensus standards bodies;
(iv) Joint planning with voluntary consensus standards bodies to
facilitate a coordinated effort in identifying and developing needed
standards; and
(v) Participation of agency personnel.
(7) Participation by agency representatives in the policy-making
processes of voluntary consensus standards bodies, in accordance with
the procedures of those bodies, is encouraged--particularly in matters
such as establishing priorities, developing procedures for preparing,
reviewing, and approving standards, and developing or adopting new
standards. In order to maintain the independence of such organizations,
however, agency representatives should refrain from involvement in the
internal management of such organizations (e.g., selection of salaried
officers and employees, establishment of staff salaries and
administrative policies).
(8) This Circular does not provide guidance concerning the internal
operating procedures that may be applicable to voluntary consensus
standards bodies because of their relationships to agencies under this
Circular. Agencies should, however, carefully consider what laws or
rules may apply in a particular instance because of these
relationships. For example, these relationships may involve the Federal
Advisory Committee Act, as amended (5 U.S.C. App. I), or a
[[Page 68316]]
provision of an authorizing statute for a particular agency.
c. Coordination of participation in voluntary consensus standards
bodies and standards activities. Agency Standards Executives,
designated under section 9c., shall coordinate agency participation in
voluntary consensus standards bodies. This coordination shall include,
but need not be limited to:
(1) Establishing procedures to ensure that agency representatives
participating in voluntary consensus standards bodies will, to the
extent possible, ascertain the views of the agency on matters of
paramount interest and will, at a minimum, express views that are not
inconsistent or in conflict with established agency views; and will, to
the extent possible, ensure that the agency's participation in
voluntary consensus standards bodies is consistent with agency
missions.
(2) Ensuring, when two or more agencies participate in a given
voluntary consensus standards body, that they coordinate their views on
matters of paramount importance so as to present, whenever feasible, a
single, unified position and, where not feasible, a mutual recognition
of differences;
(3) Cooperating with the Secretary in carrying out his/her
responsibilities under this Circular;
(4) Consulting with the Secretary, as necessary, in the development
and issuance of internal agency procedures and guidance implementing
this Circular, including the development and harmonized implementation
of an agency-wide directory identifying agency employees participating
in standards developing groups;
(5) Submitting, as described in section 10, in response to the
request of the Secretary, a report on exceptions to the use of existing
voluntary consensus standards and a report on the status of agency
standards policy activities; and
(6) Reviewing their existing standards within five years of
issuance of this Circular, and at least once every five years
thereafter, and replacing through applicable procedures those for which
an adequate and appropriate voluntary consensus standard can be
substituted.
8. Procedures. a. When issuing or revising a regulation, agencies
shall review for use existing voluntary consensus standards. Such
review shall include:
(1) A request for comment within the preamble of a Notice of
Proposed Rulemaking (NPRM). Such request shall provide:
(i) When an existing voluntary consensus standard is being proposed
for use, a statement which identifies such standard, as well as the
identity of any alternative voluntary consensus standards which may
have been identified and/or considered, and an explanation of why the
proposed standard should be used;
(ii) When the agency has determined to not propose for use an
existing voluntary consensus standard, a statement which identifies
such standard, provides a preliminary explanation for why such standard
would not be used, and invites the public to comment and to explain why
such standard or an alternative voluntary consensus standard should be
used; or
(iii) When no existing voluntary consensus standard has been
identified, a statement which invites the public to identify such
voluntary consensus standards and to explain why such standard should
be used; and
(2) A discussion in the preamble of a Final Rulemaking that
restates the discussion in the proposed rule, acknowledges and
summarizes any comments received and responds to them, and explains the
agency's final decision. The final rule shall provide:
(i) When an existing voluntary consensus standard is being used, a
statement that identifies such standard and any alternative voluntary
consensus standards which have been identified;
(ii) When an existing voluntary consensus standard is not being
used, a statement that identifies such standard and explains why such
use would be inconsistent with applicable law or otherwise impractical;
or
(iii) When no existing voluntary consensus standard has been
identified, a statement to that effect.
(b) When initiating a procurement, agencies shall consider using
existing voluntary consensus standards. (1) Where the solicitation is
for products that incorporate government-unique standards, the
solicitation shall include a statement which identifies the standards
to be used and provides offerors an opportunity to suggest alternatives
in the nature of existing voluntary consensus standards that meet the
government's requirements. Where such suggestions are made and do not
result in a replacement of government-unique standards by existing
voluntary consensus standards, the agency shall explain why such use is
inconsistent with law or otherwise impractical.
(2) Where the solicitation is for commercial, off-the-shelf
products, or for products that rely on existing voluntary consensus
standards, or for products that do not rely on government-unique
standards, the requirement in subsection (1) above shall not apply.
9. Responsibilities. a. The Secretary shall:
(1) Coordinate and foster executive branch implementation of this
Circular and may provide administrative guidance to assist agencies in
implementing this Circular;
(2) Continue the Interagency Committee on Standards Policy (ICSP),
chaired by the National Institute of Standards and Technology (NIST),
in order to consider their views and to advise the Secretary and agency
heads in the Circular;
(3) As described in section 10, report to the Office of Management
and Budget (OMB), with the assistance of NIST, concerning
implementation of the policy provisions of this Circular; and
(4) Establish procedures for agencies to use when developing
directories described in paragraph 7c(4) and establish procedures to
make these directories available to the public.
b. Heads of Agencies shall:
(1) Implement section 6 of this Circular in accordance with the
guidelines in section 7 and the procedures in section 8;
(2) In the case of an agency with significant interest in the use
of standards, designate a senior level official as the Standards
Executive who shall be responsible for agency-wide implementation of
this Circular and who shall represent the agency on the ICSP.
c. The Standards Executive's responsibilities shall include, but
not be limited to, those described in section 7c.
10. Reporting Requirements. a. Agency Reports on exceptions to use
of existing voluntary consensus standards. As required by P.L. 104-113,
beginning for fiscal year 1997 and every fiscal year thereafter,
agencies shall report to OMB, through NIST, no later than December 31
of the following fiscal year, any decisions by the agency during that
fiscal year to use a government-unique standard in lieu of an existing
voluntary consensus standard, along with an explanation of the
reason(s) why use of such standard would be inconsistent with
applicable law or otherwise impractical, as described in sections
8a.(2)(ii) and 8b.(1) of this Circular.
b. Agency Reports on Standards Policy Activities. To assist OMB in
its reporting to Congress, beginning for fiscal year 1996 and every
fiscal year thereafter, agencies shall submit information to OMB,
through NIST, on the status of agency interaction with voluntary
consensus standards bodies, no later than December 31 of the following
fiscal year. Such reporting
[[Page 68317]]
shall include the nature and extent of agency participation in the
development and use of voluntary consensus standards, including:
(1) The number of voluntary consensus standards bodies in which
there is agency participation;
(2) The number of voluntary consensus standards the agency has used
since the last report which have come about as a result of the
requirements set forth in sections 8a. and 8b. of this Circular;
(3) Identification of voluntary consensus standards that have been
substituted for other standards as a result of an agency review under
paragraph 7c(6) of this Circular;
(4) An evaluation of the effectiveness of the guidelines in section
7 and recommendations for any changes; and
c. No later than January 31 of the following fiscal year, NIST
shall transmit to OMB such explanations as are received under section
10a. and a summary report of the information received under section
10b.
10. Conformity Assessment. Section 12(b) of P.L. 104-113 requires
NIST to coordinate Federal, State, and local standards activities and
conformity assessment activities with private sector standards
activities and conformity assessment activities, with the goal of
eliminating unnecessary duplication and complexity in the development
and promulgation of conformity assessment requirements and measures. To
ensure effective coordination, NIST shall issue guidance to the
agencies.
11. Policy Review. This Circular shall be reviewed for
effectiveness by the OMB three years from the date of issuance.
12. Inquiries. For information concerning this Circular, contact
the Office of Management and Budget, Office of Information and
Regulatory Affairs: Telephone 202/395-3785.
[FR Doc. 96-32917 Filed 12-26-96; 8:45 am]
BILLING CODE 3110-01-P