[Federal Register Volume 60, Number 104 (Wednesday, May 31, 1995)]
[Rules and Regulations]
[Pages 28500-28501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13256]



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DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 23 and 52

[FAC 90-27, FAR Case 93-307, Item III]
RIN 9000-AG42


Federal Acquisition Regulation; Ozone Executive Order

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Interim rule with request for comment.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed to an interim rule which 
amends the Federal Acquisition Regulation (FAR) to provide policy for 
the acquisition of items that contain, use, or are manufactured with 
ozone-depleting substances. This regulatory action was not subject to 
Office of Management and Budget review under Executive Order 12866, 
dated September 30, 1993.

DATES: Effective Date: May 31, 1995.
    Comment Date: Comments should be submitted to the FAR Secretariat 
at the address shown below on or before July 31, 1995 to be considered 
in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (VRS), 18th & F 
Streets, NW., Room 4035, Attn: Ms. Beverly Fayson, Washington, DC 
20405.
    Please cite FAC 90-27, FAR case 93-307 in all correspondence 
related to this case.

FOR FURTHER INFORMATION CONTACT: Mr. Ralph DeStefano at (202) 501-1758 
in reference to this FAR case. For general information, contact the FAR 
Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-27, FAR case 93-307.

SUPPLEMENTARY INFORMATION:

A. Background

    The Environmental Protection Agency (EPA) promulgated 40 CFR Part 
82, Subpart D (rule) to satisfy EPA's obligation under Section 613, 
Title VI of the Clean Air Act Amendments of 1990. The EPA rule requires 
each department, agency, and instrumentality of the United States to 
conform its procurement regulations to the policies and requirements of 
Title VI of the Clean Air Act and to maximize the substitution of safe 
alternatives for ozone-depleting substances as identified under Section 
612 of the Act. The EPA rule also requires each department, agency, and 
instrumentality of the United States to certify to OMB, within twelve 
months of the final publication of the rule, that its procurement 
regulations have been modified in accordance with the rule. The EPA 
rule complements Executive Order 12843, Procurement Requirements and 
Policies for Federal Agencies for Ozone-Depleting Substances (58 FR 
21881, April 23, 1993). Both the Executive Order and the EPA rule 
require that new contracts provide that any acquired products 
containing or manufactured with class I or class II ozone-depleting 
substances, or containers of class I or class II ozone-depleting 
substances, be labeled in accordance with Section 611 of the 1990 
amendments to the Clean Air Act.
    This interim FAR rule implements the requirements of Executive 
Order 12843 and 40 CFR Part 82. The rule contains two clauses; one 
clause requires contractors to label products containing ozone-
depleting substances, and the other clause requires contractors to 
comply with Sections 608 and 609 of the Clean Air Act (42 U.S.C. 7671g 
and 7671h) as each or both apply to the contract. 42 U.S.C. 7671g 
addresses a national recycling and emission reduction program, and 42 
U.S.C. 7671h addresses servicing of motor vehicle air conditioners.

B. Regulatory Flexibility Act

    This interim rule is not expected to have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the 
Clean Air Act requirements are already applicable to companies in 
industries supplying goods and services made with or containing ozone-
depleting substances. An Initial Regulatory Flexibility Analysis has, 
therefore, not been performed. Comments from small entities concerning 
the affected FAR subpart will be considered in accordance with 5 U.S.C. 
610. Such comments must be submitted separately and cite 5 U.S.C. 601, 
et seq. (FAC 90-27, FAR Case 93-307), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose recordkeeping or information collection 
requirements, or collection of information from offerors, contractors, 
or members of the public which require the approval of OMB under 44 
U.S.C. 3501, et seq.

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense (DOD), the Administrator of General Services (GSA), and the 
Administrator of the National Aeronautics and Space Administration 
(NASA) that compelling reasons exist to promulgate this interim rule 
without prior opportunity for public comment. This action is necessary 
because this rule implements Executive Order 12843, which required FAR 
revisions by October 18, 1993, and 42 CFR Part 82, which required 
agency acquisition regulation revisions by October 24, 1994. Further, 
42 CFR 82.84 states that, for agencies subject to the FAR (48 CFR 
Chapter 1), amendment of the FAR consistent with 42 CFR 82.84 shall 
satisfy, for those agencies, the requirement of 42 CFR 82.84 to revise 
agency acquisition regulations. However, pursuant to Public Law 98-577 
and FAR 1.501, public comments received in response to this interim 
rule will be considered in the formation of a final rule.

List of Subjects in 48 CFR Parts 23 and 52

    Government procurement.

    Dated: May 24, 1995.
C. Allen Olson,
Director, Office of Federal Acquisition Policy.
    Therefore, 48 CFR Parts 23 and 52 are amended as set forth below:
    1. The authority citation for 48 CFR Parts 23 and 52 continues to 
read as follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 23--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE

    2. Subpart 23.8 is added to read as follows: [[Page 28501]] 

Subpart 23.8--Ozone-Depleting Substances

Sec.
23.800  Scope of subpart.
23.801  Authorities.
23.802  Definitions.
23.803  Policy.
23.804  Contract clauses.


23.800  Scope of subpart.

    This subpart sets forth policies and procedures for the acquisition 
of items which contain, use, or are manufactured with ozone-depleting 
substances. This subpart does not apply to contracts performed outside 
the United States, its possessions, and Puerto Rico.


23.801  Authorities.

    (a) Title VI of the Clean Air Act (42 U.S.C. 7671, et seq.).
    (b) Executive Order 12843, April 21, 1993.
    (c) Environmental Protection Agency (EPA) regulations, Protection 
of Stratospheric Ozone (40 CFR part 82).


23.802  Definitions.

    Class I substance means any substance designated as class I by EPA 
(40 CFR part 82), including but not limited to chlorofluorocarbons, 
halons, carbon tetrachloride, and methyl chloroform.
    Class II substance means any substance designated as class II by 
EPA (40 CFR part 82), including but not limited to 
hydrochlorofluorocarbons.


23.803  Policy.

    (a) It is the policy of the Federal Government that Federal 
agencies:
    (1) Implement cost-effective programs to minimize the procurement 
of materials and substances that contribute to the depletion of 
stratospheric ozone; and
    (2) Give preference to the procurement of alternative chemicals, 
products, and manufacturing processes that reduce overall risks to 
human health and the environment by lessening the depletion of ozone in 
the upper atmosphere.
    (b) In preparing specifications and purchase descriptions, and in 
the acquisition of supplies and services, agencies shall ensure that 
acquisitions:
    (1) Comply with the requirements of Title VI of the Clean Air Act, 
Executive Order 12843, and 40 CFR 82.84(a) (2), (3), (4), and (5); and
    (2) Substitute safe alternatives to ozone-depleting substances, as 
identified under 42 U.S.C. 7671k, to the maximum extent practicable, as 
provided in 40 CFR 82.84(a)(1).


23.804  Contract clauses.

    (a) The contracting officer shall insert the clause at 52.223-11, 
Ozone-Depleting Substances, in solicitations and contracts for supplies 
containing or manufactured with class I or class II ozone-depleting 
substances or containers of class I or class II ozone-depleting 
substances.
    (b) The contracting officer shall insert the clause at 52.223-12, 
Refrigeration Equipment and Air Conditioners, in solicitations and 
contracts for services when the contract includes the maintenance, 
repair, or disposal of any equipment or appliance using class I or 
class II ozone-depleting substances as a refrigerant, such as air 
conditioners, including motor vehicle, refrigerators, chillers, or 
freezers.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. and 4. Section 52.223-11 and 52.223-12 are added to read as 
follows:


52.223-11  Ozone-Depleting Substances.

    As prescribed in 23.804(a), insert the following clause:

OZONE-DEPLETING SUBSTANCES (MAY 1995)

    (a) Definitions.
    Class I substance, as used in this clause, means any substance 
designated as class I by the Environmental Protection Agency (EPA) 
(40 CFR Part 82), including but not limited to chlorofluorocarbons, 
halons, carbon tetrachloride, and methyl chloroform.
    Class II substance, as used in this clause, means any substance 
designated as class II by EPA (40 CFR Part 82), including but not 
limited to hydrochlorofluorocarbons.
    (b) As required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR 
Part 82, Subpart E, the Contractor shall label products which 
contain a class I or class II ozone-depleting substance or are 
manufactured with a process that uses class I or class II ozone-
depleting substances, or containers of class I or class II ozone-
depleting substances, as follows:
    ``WARNING: Contains (or manufactured with, if applicable) 
________*________, a substance(s) which harm(s) public health and 
environment by destroying ozone in the upper atmosphere.''
*The Contractor shall insert the name of the substance(s).

(End of clause)


52.223-12  Refrigeration Equipment and Air Conditioners.

    As prescribed in 23.804(b), insert the following clause:

REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (MAY 1995)

    The Contractor shall comply with the applicable requirements of 
Sections 608 and 609 of the Clean Air Act (42 U.S.C. 7671g and 
7671h) as each or both apply to this contract.

(End of clause)

[FR Doc. 95-13256 Filed 5-30-95; 8:45 am]
BILLING CODE 6820-EPD-M