[Federal Register Volume 71, Number 223 (Monday, November 20, 2006)]
[Rules and Regulations]
[Pages 67031-67032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19587]



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  Federal Register / Vol. 71, No. 223 / Monday, November 20, 2006 / 
Rules and Regulations  

[[Page 67031]]



DEPARTMENT OF AGRICULTURE

Office of Energy Policy and New Uses

7 CFR Part 2902

RIN 0503-AA29


Designation of Biobased Items for Federal Procurement

AGENCY: Office of Energy Policy and New Uses, USDA.

ACTION: Final rule; establishment of effective date.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Agriculture (USDA) is amending 7 CFR 
part 2902, Guidelines for Designating Biobased Products for Federal 
Procurement, to establish the effective date by which procuring 
agencies must give a procurement preference for qualifying biobased 
water tank coatings and bedding, bed linens, and towels. These two 
items were designated for procurement preference in a final rule 
published by USDA on March 16, 2006 (71 FR 13686). At that time, 
however, the effective date by which procuring agencies were required 
to give these two designated items procurement preference was deferred 
until such time that additional manufacturers of products within these 
designated items were identified. This final rule announces that 
additional manufacturers have been identified for each item and 
establishes the effective date by which procuring agencies must give 
these two designated items procurement preference.

DATES: This rule is effective November 20, 2006.

FOR FURTHER INFORMATION CONTACT: Marvin Duncan, USDA, Office of the 
Chief Economist, Office of Energy Policy and New Uses, Room 4059, South 
Building, 1400 Independence Avenue, SW., MS-3815, Washington, DC 20250-
3815; e-mail: [email protected]; phone: (202) 401-0461. Information 
regarding the Federal Biobased Products Preferred Procurement Program 
is available on the Internet at http://www.biobased.oce.usda.gov.

SUPPLEMENTARY INFORMATION: The information presented in this preamble 
is organized as follows:

I. Authority
II. Background
III. Summary of Changes
IV. Regulatory Information
    A. Executive Order 12866: Regulatory Planning and Review
    B. Executive Order 12630: Governmental Actions and Interference 
With Constitutionally Protected Property Rights
    C. Executive Order 12988: Civil Justice Reform
    D. Executive Order 13132: Federalism
    E. Unfunded Mandates Reform Act of 1995
    F. Executive Order 12372: Intergovernmental Review of Federal 
Programs
    G. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments

I. Authority

    The Guidelines for Designating Biobased Products for Federal 
Procurement (the Guidelines) were established under the authority of 
section 9002 of the Farm Security and Rural Investment Act of 2002 
(FSRIA), 7 U.S.C. 8102 (referred to in this document as ``section 
9002''), as amended by the Energy Policy Act of 2005 (Pub. L. 109-58).

II. Background

    On March 16, 2006, USDA published in the Federal Register (71 FR 
13686) a final rule designating six items within which biobased 
products will be afforded procurement preference, as required by 
section 9002 of FSRIA. In that final rule, USDA established an 
effective date of March 16, 2007, as the date by which procuring 
agencies must give procurement preference to four of the six items. 
However, as discussed in the preamble to the March 16, 2006, final 
rule, USDA deferred establishing an effective date for the other two 
items because only one manufacturer of a biobased product within each 
of these items had been identified. The two items for which an 
effective date was deferred were water tank coatings and bedding, bed 
linens, and towels.
    In the March 16, 2006, Federal Register notice, USDA announced that 
a preferred procurement effective date would be established for water 
tank coatings and bedding, bed linens, and towels after two or more 
manufacturers of biobased products within these items were identified. 
With today's final rule, USDA is announcing that additional 
manufacturers of products within these two designated items have been 
identified. As it has done with all manufacturers of qualifying 
biobased products, USDA invites these manufacturers of qualifying 
products to post information on the product, contact information, and 
performance testing on its FB4P Web site, http://www.biobased.oce.usda.gov. Procuring agencies will be able to utilize 
this Web site as one tool to determine the availability of qualifying 
biobased products under a designated item.

III. Summary of Changes

    This final rule amends subsections 2902.12(c) and 2902.15(c) to 
specify the dates by which procuring agencies must give procurement 
preference to biobased products within the water tank coatings and 
bedding, bed linens, and towels designated items, respectively. USDA is 
establishing a preference effective date of November 20, 2007 for these 
two designated items. This effective date allows procuring agencies a 
one-year period for the implementation of the procurement preference.

IV. Regulatory Information

A. Executive Order 12866: Regulatory Planning and Review

    This rule has been reviewed under Executive Order 12866. This rule 
has been determined to be not significant for the purposes of Executive 
Order 12866, and therefore has not been reviewed by the Office of 
Management and Budget (OMB).

B. Executive Order 12630: Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    This final rule has been reviewed in accordance with Executive 
Order 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights, and does not contain 
policies that would have implications for these rights.

[[Page 67032]]

C. Executive Order 12988: Civil Justice Reform

    This final rule has been reviewed in accordance with Executive 
Order 12988, Civil Justice Reform. This rule does not preempt State or 
local laws, is not intended to have retroactive effect, and does not 
involve administrative appeals.

D. Executive Order 13132: Federalism

    This final rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment. Provisions of this 
rule will not have a substantial direct effect on States or their 
political subdivisions or on the distribution of power and 
responsibilities among the various government levels.

E. Unfunded Mandates Reform Act of 1995

    This final rule contains no Federal mandates under the regulatory 
provisions of Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA), 2 U.S.C. 1531-1538, for State, local, and tribal governments, 
or the private sector. Therefore, a statement under section 202 of UMRA 
is not required.

F. Executive Order 12372: Intergovernmental Review of Federal Programs

    For the reasons set forth in the Final Rule Related Notice for 7 
CFR part 3015, subpart V (48 FR 29115, June 24, 1983), this program is 
excluded from the scope of the Executive Order 12372, which requires 
intergovernmental consultation with State and local officials. This 
program does not directly affect State and local governments.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Today's final rule does not significantly or uniquely affect ``one 
or more Indian tribes, * * * the relationship between the Federal 
Government and Indian tribes, or * * * the distribution of power and 
responsibilities between the Federal Government and Indian tribes.'' 
Thus, no further action is required under Executive Order 13175.

List of Subjects in 7 CFR Part 2902

    Biobased products, Procurement.


0
For the reasons stated in the preamble, the Department of Agriculture 
is amending 7 CFR chapter XXIX as follows:

CHAPTER XXIX--OFFICE OF ENERGY POLICY AND NEW USES, DEPARTMENT OF 
AGRICULTURE

PART 2902--GUIDELINES FOR DESIGNATING BIOBASED PRODUCTS FOR FEDERAL 
PROCUREMENT

0
1. The authority citation for part 2902 continues to read as follows:

    Authority: 7 U.S.C. 8102.


0
2. Revise paragraph (c) of Sec.  2902.12 to read as follows:


Sec.  2902.12  Water tank coatings.

* * * * *
    (c) Preference effective date. No later than November 20, 2007, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased water tank coatings. By 
that date, Federal agencies that have the responsibility for drafting 
or reviewing specifications for items to be procured shall ensure that 
the relevant specifications require the use of biobased water tank 
coatings.

0
3. Revise paragraph (c) of Sec.  2902.15 to read as follows:


Sec.  2902.15  Bedding, bed linens, and towels.

* * * * *
    (c) Preference effective date. No later than November 20, 2007, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased bedding, bed linens, and 
towels. By that date, Federal agencies that have the responsibility for 
drafting or reviewing specifications for items to be procured shall 
ensure that the relevant specifications require the use of biobased 
bedding, bed linens, and towels.

    Dated: November 14, 2006.
Keith Collins,
Chief Economist, U.S. Department of Agriculture.
[FR Doc. E6-19587 Filed 11-17-06; 8:45 am]
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