Category : Science and Education
Archive   : METRIC-X.ZIP
Filename : 15CFR-19.TXT

Billing Code 3510-18

DEPARTMENT OF COMMERCE

Office of the Secretary

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 19 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:
A. S. Whelihan, Office of Metric Programs, Rm 4845,
U.S. Department of Commerce, Washington, D.C. 20230;
Phone (202) 377-0944.


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 19.23 (a),
encouraging DoC to continue to coordinate federal agency metrication
activities. That section was modified in the final, although it
never mentioned DoC. However 19.22(a) refers to the Department's
coordination role; (2) Section 19.23(b), asking for a clarification
of "areas where metrication is dependent on agency initiatives."
That language was clarified and became Section 19.23(c); and (3)
Section 19.23(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
19.24(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 19 of Title 15 of the Code of
Federal Regulations is amended as follows:

1. The authority for 15 CFR 19 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

2. Subpart B is revised to read as follows:

SUBPART B - METRIC CONVERSION POLICY FOR FEDERAL AGENCIES

Sec. 19.20 Purpose.
19.21 Definition.
19.22 General Policy.
19.23 Guidelines.
19.24 Recommendations for Agency Organizations.
19.25 Reporting Requirement
19.26 thru 19.199 reserved

Sec. 19.20 Purpose.

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

Sec. 19.21 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. 19.22 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. 19.23 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. 19.24 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. 19.25 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. 19.26 thru 19.199 (Reserved)


Date:

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