[Federal Register Volume 79, Number 28 (Tuesday, February 11, 2014)]
[Notices]
[Pages 8207-8208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02891]


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OFFICE OF MANAGEMENT AND BUDGET


Request for Comments on a Proposed Revision of OMB Circular No. 
A-119, ``Federal Participation in the Development and Use of Voluntary 
Consensus Standards and in Conformity Assessment Activities''

AGENCY: Executive Office of the President, Office of Management and 
Budget.

ACTION: Notice of availability and request for comments.

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SUMMARY: The Office of Management and Budget (OMB) request comments on 
proposed revisions to Circular A-119, ``Federal Participation in the 
Development and Use of Voluntary Consensus Standards and in Conformity 
Assessment Activities'' (hereinafter, Circular A-119, or, the Circular) 
in light of changes that have taken place in the world of regulation, 
standards, and conformity assessment since the Circular was last 
revised in 1998. These materials are available at http://www.whitehouse.gov/omb/inforeg_infopoltech.
    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113; hereinafter known as the NTTAA) codified pre-existing 
policies on the development and use of voluntary consensus standards in 
Circular A-119, established additional reporting requirements for 
agencies, and authorized the National Institute of Standards and 
Technology (NIST) to coordinate conformity assessment activities. In 
response, OMB in 1998 issued a revised version of Circular A-119, which 
remains the current version.
    In this notice, OMB is seeking public comment on proposed revisions 
to the Circular. These proposed revisions reflect the experience gained 
by U. S. agencies in implementing the Circular since 1998; domestic and 
international developments in regulatory, standards, and conformity 
assessment policy; concluding and implementing U.S. trade agreements; 
and comments received in response to OMB's March 2012 Request for 
Information on whether and how to supplement Circular A-119.
    The proposed revision to Circular A-119 includes the following 
elements:
    Preference for voluntary consensus standards. The revised Circular 
would maintain a strong preference for using voluntary consensus 
standards in Federal regulation and procurement. It would also 
acknowledge, however, that there may be some standards not developed 
using a consensus-driven process that are in use in the market--
particularly in the information technology space--and that may be 
relevant (and necessary) in meeting agency missions and priorities.
    Guidance on use of standards and participation in standards 
development. The revised Circular would provide more detailed guidance 
on how Federal representatives should participate in standards 
development activities. It would also strengthen the role of agency 
Standards Executives, encourage better internal coordination and 
training on standards, and update the provisions on how the U.S. 
Government manages and reports on the development and use of standards. 
The Circular would also provide criteria for agencies to consider when 
examining whether a standard meets agency needs and should be adopted.
    Guidance on conformity assessment. The revised Circular would 
encourage agencies to consider international conformity assessment 
schemes and private sector conformity assessment activities in lieu of 
conformity assessment activities or schemes developed or carried out by 
the government, and set out criteria for agencies to consider when they 
are selecting or designing an appropriate conformity assessment 
procedure.
    Enhanced transparency. The proposed revisions would provide 
guidance to agencies on how they should discuss implementation of the 
Circular in their rulemakings and guidance documents; encourage 
agencies to alert the public when considering whether to participate in 
standards development activities; and set out factors for agencies to 
consider when incorporating standards by reference in regulation.
    Burden reduction. The proposed revisions would require agencies to 
utilize the retrospective review mechanism set out in Executive Orders 
13563 and 13610 to implement the Circular, including ensuring that 
standards incorporated by reference in regulation are updated on a 
timely basis. The revisions also encourage agencies to work together to 
reference the same version of a standard in regulation and procurements 
and coordinate on conformity assessment requirements, where feasible.
    International considerations. The proposed revisions incorporate 
references to trade-related statutory obligations on standards-related 
measures and direct Federal agencies to consult with USTR on how to 
comply with international obligations with regard to standards and 
conformity assessment. They provide guidance on how to identify such 
obligations, direct agencies to take into account their obligations 
under Executive Order 13609 when they engage in standards and 
conformity assessment activities, and encourage greater coordination 
with respect to the Government's formulation of global strategies on 
standards, regulation, and international trade.

DATES: Comments are requested on the proposed revision to Circular A-
119 no later than May 12, 2014.

ADDRESSES: All comments should be submitted via http://www.regulations.gov or faxed to 202-395-5167. Please submit comments 
only and include your name, company name (if any), and cite ``Federal 
Participation in the Development and Use of Voluntary Consensus 
Standards and in Conformity Assessment Activities'' in all 
correspondence. All comments received will be posted, without change or 
redaction, to www.regulations.gov, so commenters should not include 
information they do not wish to be posted (e.g., personal or 
confidential business information).

FOR FURTHER INFORMATION CONTACT  Jasmeet Seehra, Office of Management 
and Budget, Office of Information and Regulatory Affairs, at 
[email protected].

SUPPLEMENTARY INFORMATION: In Section 12(d) of the NTTAA, Congress 
stated that Federal agencies ``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,'' except when an agency determines that such use ``is 
inconsistent with applicable law or otherwise impractical.'' (Section 
12(d), as amended, is found as a ``note'' to 15 U.S.C. 272. Congress 
amended Section 12(d) in 2001, in Section 1115 of Pub. L. 107-107, to 
include paragraph (4) on ``expenses of government personnel.'')
    In response to the enactment of the NTTAA, OMB prepared a proposed 
revision to Circular A-119 and issued a Federal Register notice seeking 
public comment on the proposal (see 61 FR 68312 (December 27, 1996)). 
Following OMB's consideration of the comments, OMB issued a final 
revision of the

[[Page 8208]]

Circular in 1998 63 FR 8546 (February 19, 1998) which can be found on 
OMB's Web site at http://www.whitehouse.gov/omb/circulars_a119/.
    The policies in the Circular are intended to maximize the reliance 
by agencies on voluntary consensus standards and reduce to a minimum 
agency reliance on standards other than voluntary consensus standards, 
including reliance on government-unique standards. The Circular also 
provides guidance for agencies participating in the work of bodies that 
develop voluntary consensus standards and describes procedures for 
satisfying the NTTAA's agency-reporting requirements. In addition, 
consistent with section 12(b) of the NTTAA, the Circular directs the 
Secretary of Commerce to issue guidance to agencies in order to 
coordinate conformity assessment activities. The NIST conformity 
assessment guidelines, which were issued in 2000, are available at 
http://gsi.nist.gov/global/docs/FR_FedGuidanceCA.pdf.
    OMB's proposed revisions are meant to provide more detailed 
guidance to agencies to take into account agency experience under the 
current Circular in several areas including the Administration's 
current work in Open Government, developments in regulatory policy and 
international trade, and changes in technology.

Howard Shelanski,
Administrator, Office of Information and Regulatory Affairs.
[FR Doc. 2014-02891 Filed 2-10-14; 8:45 am]
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