Compu-Fix/Compu-Fix.iso/misc/program1/fed_mcp.doc

Text File | 1993-03-01 | 15.4 KB | 310 lines

        DEPARTMENT OF COMMERCE

        Office of the Secretary

        15 CFR Part 1170                         * (formerly 15 CFR Part 19) *

        Docket #   90913-0259
                   RIN. 0692-AA07


        Metric Conversion Policy for Federal Agencies


        AGENCY:    Office of the Secretary, Under Secretary for Technology,
                   U.S. Department of Commerce

        ACTION:    Final rule


        SUMMARY:  15 CFR Part 1170, Subpart B sets out Federal Government
                  policy on the voluntary use of the metric system of
                  measurement by agencies, industry and the public.  In
                  conformance with the Omnibus Trade and Competitiveness
                  Act of 1988 (Pub. L. 100-418, Sec 5164), we are
                  revising that Subpart to remove the voluntary aspect of
                  metric transition for Federal agencies.  The amended
                  Subpart B provides policy direction to assist Federal
                  agencies in their transition to use of the metric
                  system of measurement.

        EFFECTIVE DATE:  [insert date 30 day subsequent to date of
                  publication.]

        FOR FURTHER INFORMATION CONTACT: * (modified to reflect new address) *
                  A. S. Whelihan, Office of Metric Programs
                  National Institute of Standards and Technology
                  Bldg. 101 - Room A820
                  Gaitherburg, MD 20899
                  Phone: [phone]


        SUPPLEMENTARY INFORMATION:

        Background:

        The Omnibus Trade and Competitiveness Act of 1988 (Pub. L. 100-418,
        Sec 5164) declares the metric system to be the "preferred measurement
        system for U.S. trade and commerce."  Federal agencies are also now
        required to use the metric system in procurement, grants and other
        business-related activities, by a date certain and to the extent
        economically feasible by the end of fiscal year 1992, except to the
        extent that such use is impractical or is likely to cause significant
        inefficiencies or loss of markets to United States firms, such as when
        foreign competitors are producing competing products in non-metric
        units.


        These declarations and the accompanying report of the Congressional
        conferees require this updating of the existing Federal policy
        document.  The policy set out below was issued as a proposed rule:
        "Metric Conversion Policy for Federal Agencies," 54 F.R. 41848,
        October 12, 1989, which updated the policy stated in a prior notice:
        "Metric Conversion Policy for Federal Agencies," 50 F.R. 27577, July
        5, 1985.  The updated policy has been taken directly from the 1985
        notice.  However, this rule amends the earlier policy to bring the
        references and text up-to-date.  The policy clarifies and strengthens
        Federal program requirements. Implementing agency initiatives are
        expected.

        The current text reflects comments received from the public (1
        comment) as well as from the Federal Metrication Operating Committee
        (MOC.)  The text of the policy has been approved by the Federal
        Interagency Council on Metric Policy (ICMP.)  Recommended changes
        from the representatives of the ICMP/MOC included updating the
        Federal Register notice defining the "metric system," clarifying the
        term "other business-related activities," and adding agency reporting
        requirements.  These changes were made and are incorporated in the
        rule.

        The only private sector response was from the American Petroleum
        Institute (API.)  The API commented on: (1) Section 1170.4(a),
        encouraging DoC to continue to coordinate federal agency metrication
        activities.  That section was modified in the final, although it
        never mentioned DoC.  However 1170.3(a) refers to the Department's
        coordination role; (2) Section 1170.4(b), asking for a clarification
        of "areas where metrication is dependent on agency initiatives."
        That language was clarified and became Section 1170.4(c); and (3)
        Section 1170.4(d) pointing out that the American National Metric
        Council and the U.S. Metric Association are good sources for agencies
        seeking information on private sector metrication efforts. Section
        1170.5(d) recommends that agencies "maintain liaison with private
        sector groups (such as the American National Metric Council and the
        U.S. Metric Association) that are involved in planning for or
        coordinating National transition to the metric system."

        Rulemaking Requirements:

        Under Executive Order 12291 the Department must judge whether a
        regulation is major within the meaning of Section 1 of the Order and,
        therefore, subject to the requirement that a Regulatory Impact
        Analysis be prepared.  This policy statement is not a major rule
        because it is not likely to result in (1) an annual effect on the
        economy of $100,000,000 or more; (2) a major increase in costs or
        prices for consumers, individual industries, Federal, state or local
        government agencies, or geographic regions; or (3) significant adverse
        effects on competition, employment, investment, productivity,
        innovation, or in the ability of United States-based enterprises to
        compete with foreign-based enterprises in domestic or export markets.
        Therefore, a Regulatory Impact Analysis will not be prepared.

        This policy statement contains no policies with Federalism
        implications sufficient to warrant preparation of a Federalism
        assessment under Executive Order 12612.


        This action is exempt from the analysis requirements of the Regulatory
        Flexibility Act because notice and opportunity for comment are not
        required for this policy statement by section 553 of the
        Administrative Procedure Act or any other law.  Therefore, no initial
        or final regulatory flexibility analysis was prepared.

        This policy statement does not contain a collection of information
        for purposes of the Paperwork Reduction Act.

        List of Subjects:  Science and Technology; Metric System For the
        reasons set out in the preamble, Part 1170 of Title 15 of the Code
        of Federal Regulations is amended as follows:

        1.  The authority for 15 CFR 1170 is revised to read as follows:

        AUTHORITY:  15 U.S.C. 1512 and 3710, 15 U.S.C. 205a et seq and
                    DOO 10-17 and DOO 10-18

        2.  Subpart B is revised to read as follows:

        SUBPART B - METRIC CONVERSION POLICY FOR FEDERAL AGENCIES

        Sec.       1170.1  Purpose.
                   1170.2  Definition.
                   1170.3  General Policy.
                   1170.4  Guidelines.
                   1170.5  Recommendations for Agency Organizations.
                   1170.6  Reporting Requirement
                   1170.7  thru 1170.99 reserved

        Sec. 1170.1 Purpose.

             To provide policy direction for Federal agencies in their
             transition to use of the metric system of measurement.

        Sec. 1170.2 Definition.

        The term "metric system", as used in this document, means the
        International System of Units (SI) established by the General
        Conference of Weights and Measures in 1960, as interpreted or modified
        from time to time for the United States by the Secretary of Commerce
        under the authority of the Metric Conversion Act of 1975 and the
        Metric Education Act of 1978.


        The term "other business-related activities", as used in this
        document, means measurement sensitive commercial or business directed
        transactions or programs, i.e. standard or specification development,
        publications, or agency statements of general applicability and future
        effect designed to implement, interpret, or prescribe law or policy or
        describing the procedure or practice requirements of an agency.
        "Measurement sensitive" means the choice of measurement unit is a
        critical component of the activity, i.e. an agency rule/regulation to
        collect samples or measure something at specific distances or to
        specific depths, specifications requiring intake or discharge of a
        product to certain volumes or flow rates, guidelines for clearances
        between objects for safety, security or environmental purposes, etc.


        Sec. 1170.3 General Policy.

        The Omnibus Trade and Competitiveness Act of 1988 (Pub. L. 100-418,
        Sec 5164) amended the Metric Conversion Act of 1975 to, among other
        things, require that each Federal agency, by a date certain and to the
        extent economically feasible by the end of the fiscal year 1992, use
        the metric system of measurement in its procurements, grants, and
        other business-related activities, except to the extent that such use
        is impractical or is likely to cause significant inefficiencies or
        loss of markets to United States firms, such as when foreign
        competitors are producing competing products in non-metric units.

        (a)  The Secretary of Commerce will appoint a Commerce Department
             Under Secretary to assist in coordinating the efforts of
             Federal agencies in meeting their obligations under the Metric
             Conversion Act, as amended.

        (b)  Federal agencies shall coordinate and plan for the use of the
             metric system in their procurements, grants and other business-
             related activities consistent with the requirements of the Metric
             Conversion Act, as amended.  Federal agencies shall encourage and
             support an environment which will facilitate the transition
             process.  When taking initiatives, they shall give due
             consideration to known effects of their actions on State and
             local governments and the private sector, paying particular
             attention to effects on small business.

        (c)  Each Federal agency shall be responsible for developing plans,
             establishing necessary organizational structure, and allocating
             appropriate resources to carry out this policy.

        Sec. 1170.4 Guidelines.

        Each agency shall:

        (a)  Establish plans and dates for use of the metric system in
             procurements, grants and other business-related activities;

        (b)  Coordinate metric transition plans with other Federal agencies,
             State and local governments and the private sector;

        (c)  Require maximum practical use of metric in areas where Federal
             procurement and activity represents a predominant influence on
             industry standards (eg: weapon systems or space exploration).
             Strongly encourage metrication in industry standards where
             Federal procurement and activity is not the predominant
             influence, consistent with the legal status of the metric system
             as the preferred system of weights and measures for United States
             trade and commerce;

        (d)  Assist in resolving metric-related problems brought to the
             attention of the agency that are associated with agency actions,
             activities or programs undertaken in compliance with these
             guidelines or other laws or regulations;

        (e)  Identify measurement-sensitive agency policies and procedures and
             ensure that regulations, standards, specifications, procurement
             policies and appropriate legislative proposals are updated to
             remove barriers to transition to the metric system;


        (f)  Consider cost effects of metric use in setting agency policies,
             programs and actions and determine criteria for the assessment of
             their economic feasibility.  Such criteria should appropriately
             weigh both agency costs and national economic benefits related to
             changing to the use of metric;

        (g)  Provide for full public involvement and timely information about
             significant metrication policies, programs and actions;

        (h)  Seek out ways to increase understanding of the metric system of
             measurement through educational information and guidance and in
             agency publications;

        (i)  Consider, particularly, the effects of agency metric policies and
             practices on small business; and

        (j)  Consistent with the Federal Acquisition Regulation System (48
             CFR), accept, without prejudice, products and services
             dimensioned in metric when they are offered at competitive prices
             and meet the needs of the Government, and ensure that acquisition
             planning considers metric requirements.

        Sec. 1170.5 Recommendations for Agency Organization.

             Each agency shall:

        (a)  Participate, as appropriate, in the Interagency Council on Metric
             Policy (ICMP), and/or its working committee, the Metrication
             Operating Committee (MOC), in coordinating and providing policy
             guidance for the U.S. Government's transition to use of the
             metric system.

        (b)  Designate a senior policy official to be responsible for agency
             metric policy and to represent the agency on the ICMP.

        (c)  Designate an appropriate official to represent the agency on the
             Metrication Operating Committee (MOC), an interagency committee
             reporting to the ICMP.

        (d)  Maintain liaison with private sector groups (such as the American
             National Metric Council and the U.S. Metric Association) that are
             involved in planning for or coordinating National transition to
             the metric system.

        (e)  Provide for internal guidelines, training and documentation to
             assure employee awareness and understanding of agency metric
             policies and programs.



        Sec. 1170.6 Reporting Requirement.

        Each Federal agency shall, as part of its annual budget submission
        each fiscal year, report to the Congress on the metric implementation
        actions it has taken during the previous fiscal year. The report will
        include the agency's implementation plans, with a current timetable
        for the agency's transition to the metric system, as well as actions
        planned for the budget year involved to implement fully the metric
        system, in accordance with this policy.  Reporting shall cease for an
        agency in the fiscal year after it has fully implemented metric usage,
        as prescribed by the Metric Conversion Act (15 U.S.C. Sec 205b(2).)

        Sec. 1170.7 thru 1170.99 [Reserved]


        Date: December 19, 1990

        Robert M. White, Ph.D.
        Under Secretary for Technology

                               Billing Code 3510-18