[Federal Register Volume 60, Number 142 (Tuesday, July 25, 1995)]
[Proposed Rules]
[Pages 37981-37983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17765]



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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1523 and 1552

[FRL-5260-5]


Acquisition Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed Rule.

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SUMMARY: This document proposes to add coverage to the EPA Acquisition 
Regulation (EPAAR) on energy-efficient computer equipment. This 
proposed rule is necessary for ensuring that all purchases of 
microcomputers, including personal computers, monitors, and printers 
meet ``EPA Energy Star'' requirements for energy efficiency, unless 
exempted.

DATES: Written comments on this proposed rule must be received on or 
before September 25, 1995.

ADDRESSES: Comments should be addressed to the Environmental Protection 
Agency, 401 M Street, S.W., Washington, D.C. 20460, Attn: Paul Schaffer 
(Mail Code 3802F). Comments may also be transmitted electronically by 
electronic mail (e-mail) to Schaffer.paul @ epamail.epa.gov. Electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comments will also be accepted 
on disk in Wordperfect in 5.1 file format or ASCII file format. No 
Confidential Business Information (CBI) should be submitted through e-
mail. Electronic comments of the proposed rule may be filed online at 
many Federal Deposit Libraries.

FOR FURTHER INFORMATION CONTACT: Paul Schaffer at (202) 260-9032.

SUPPLEMENTARY INFORMATION:

A. Background

    Executive Order 12845 (April 23, 1993) requires the Federal 
Government to purchase only microcomputers, including personal 
computers, monitors and printers, which meet ``EPA Energy Star'' 
requirements for energy efficiency.

B. Executive Order 12866

    This final rule is not a significant regulatory action as defined 
in Executive Order 12866. Therefore no review is required at the Office 
of Information and Regulatory Affairs within OMB.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this final rule 
does not propose any information collection requirements which would 
require the approval of OMB under 44 U.S.C. 3501, et seq.

D. Regulatory Flexibility Act

    The EPA certifies this proposed rule does not exert a significant 
economic impact on a substantial number of small entities. The proposed 
rule establishes EPA policy for purchasing microcomputers, including 
personal computers, monitors, and printers which must meet ``EPA Energy 
Star'' requirements for energy efficiency. The ``Energy Star Program'' 
is a voluntary partnership effort with the computer industry, which 
includes small entities, to promote the introduction of energy-
efficient personal computers, monitors, and printers which can reduce 
air pollution caused by utility power generation. The ``Energy Star 
Program'' has no barriers to entry for small entities to procure or 
develop the necessary technology or components to manufacture Energy 
Star compliant computers, monitors and printers. Therefore, no 
regulatory flexibility analysis has been prepared.

E. Unfunded Mandates

    This proposed rule will not impose unfunded mandates on state or 
local entities or others.

List of Subjects in 48 CFR Parts 1523 and 1552

    Environmental Conservation, and Environmental Safety, Solicitation 
Provisions and Contract Clauses.

    For the reasons set out in the preamble, Chapter 15 of Title 48 
Code of Federal Regulations is proposed to be amended as set forth 
below:
    1. The authority citation for Parts 1523 and 1552 continues to read 
as follows:

    Authority: Sec 205(c), 63 Stat. 390, as amended, 40 U.S.C. 
486(c).

    2. Subpart 1523.70 is added to read as follows:

PART 1523 ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE.

Subpart 1523.70--Energy-Efficient Computer Equipment


1523.7000  Background.

    (a) Executive Order 12845 requires the Federal Government to 
purchase only microcomputers, including personal computers, monitors 
and printers, which meet ``EPA Energy Star'' requirements for energy 
efficiency. This equipment is often identified by the Energy Star TM 
logo and is capable of entering and recovering from an energy-efficient 
low power state.
    (b) The EPA Energy Star Computer Program is a voluntary partnership 
effort with the computer industry to promote the introduction of 
energy-efficient personal computers, monitors, and printers which can 
reduce air pollution caused by utility power generation, and ease the 
burden on building air conditioning and electrical systems. The Energy 
Star Program is designed to be a self-certifying computer industry 
program, policed informally by the computer industry itself.
    (c) FIRMR Bulletin C-35 (dated 11/19/93) describes procedures that 
will promote the acquisition of energy-efficient microcomputers and 
associated computer equipment.


1523.7001  Policy.

    (a) The ``Energy Star'' Executive Order applies to the following 
equipment:
    (1) Personal Computers (stand-alone).
    (2) Personal Computers (end-user on network).
    (3) Notebook and other portable computers.
    (4) PC printers--laser, inkjet or dot matrix (stand-alone or 
networked).
    (5) High-speed printers used on a PC network (less than 
approximately 20 pages per minute).
    (6) Monitors (CRT or Flat-panel LCD).
    (b) ``Energy Star'' requirements do not apply to the following 
equipment:
    (1) Workstations.
    (2) File servers.
    (3) Mainframe equipment.
    (4) Minicomputers.
    (5) High-speed printers used with mainframe computers (30 or more 
pages per minute).
    (6) Mainframe or ``dumb'' terminals.
    (7) X-terminals.
    (c) All new acquisitions for microcomputers, including personal 
computers, monitors, and printers shall contain specifications which 
meet EPA Energy Star requirements for energy efficiency unless a waiver 
has been obtained in accordance with internal Agency procedures.
    (d) The Energy Star requirement also applies to all applicable 
equipment ordered from GSA Schedule Contracts, open market buys, 
Bankcard purchases (Bankcard purchases of equipment in excess of $1,000 
are prohibited), contractor-acquired property where title reverts to 
the Agency upon completion of the contract, and Government-furnished 
property.


1523.7002  Waivers.

    (a) There are several types of computer equipment which technically 
fall under the current Energy Star 

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Program, but for which EPA established blanket waivers because Energy 
Star compliant versions of this equipment were unavailable in the 
marketplace. Blanket waivers apply to the following types of equipment:
    (1) LAN servers, including file servers; application servers; 
communication servers; including bridges and routers;
    (2) UNIX RISC based processors with their high-end monitors;
    (3) Large LAN printers (greater than 19 pages/minute output); and
    (4) Scientific computing equipment which is used for real-time data 
acquisition and which, if subjected to a power down mode, would 
jeopardize the research project.
    (b) It is anticipated that there will be Energy Star models of this 
equipment in the future; but in the near term, EPA will not specify 
Energy Star qualifications when purchasing the above items.


1523.7003  Contract Clause.

    The Contracting Officer shall insert the clause at 1552.239-103, 
for the acquisition of microcomputers, including personal computers, 
monitors, printers, which are Energy Star compliant in all 
solicitations and contracts, including contractor-acquired property 
where the title reverts to the Agency upon completion of the contract.
    3. Section 1552.239-103 is added to read as follows:


1552.239-103  Acquisition of Energy Star Compliant Microcomputers, 
Including Personal Computers, Monitors and Printers.

Acquisition of Energy Star Compliant Microcomputers, Including 
Personal Computers, Monitors, and Printers

July 1995

    (a) The Contractor shall provide computer products that meet EPA 
Energy Star requirements for energy efficiency. By acceptance of 
this contract, the Contractor certifies that all microcomputers, 
including personal computers, monitors, and printers, meet EPA 
Energy Star requirements for energy efficiency.
    (b) The Contractor shall ship all products with the standby 
feature activated or enabled.
    (c) The Contractor shall provide models that have equivalent 
functionality to similar non-power managed models. This 
functionality should include as a minimum:
    (1) The ability to run commercial off-the-shelf software both 
before and after recovery from a low power state, including 
retention of files opened (with no loss of data) before the power 
management feature was activated.
    (2) If equipment will be used on a local area network (LAN), the 
contractor shall provide equipment that is fully compatible with 
network environments, e.g., PC's resting in a low-power state should 
not be disconnected from the network.
    (d) The contractor shall provide monitors that are capable of 
being powered down when connected to the accompanying PC.

(End of Clause)

    July 7, 1995.
Jeanette L. Brown,
Acting Director, Office of Acquisition Management.
[FR Doc. 95-17765 Filed 7-24-95; 8:45 am]
BILLING CODE 6560-50-P