[Federal Register Volume 76, Number 167 (Monday, August 29, 2011)]
[Rules and Regulations]
[Pages 53631-53633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21694]



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 Rules and Regulations
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  Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Rules 
and Regulations  

[[Page 53631]]



DEPARTMENT OF AGRICULTURE

7 CFR Parts 2902, 3201, and 3202

RIN 0503-AA41


BioPreferred Program

AGENCY: Office of Procurement and Property Management, USDA.

ACTION: Direct final rule.

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

SUMMARY: The U.S. Department of Agriculture (USDA) is taking direct 
final action to relocate the BioPreferred Program, established under 
the authority of section 9002 of the Farm Security and Rural Investment 
Act of 2002 (FSRIA), as amended by the Food, Conservation, and Energy 
Act of 2008 (FCEA), 7 U.S.C. 81027, from chapter XXIX of title 7 of the 
Code of Federal Regulations (CFR) to chapter XXXII of title 7 of the 
CFR.

DATES: This rule is effective October 28, 2011. Submit comments on the 
direct final rule by September 28, 2011. If we receive any timely 
significant adverse comment, we will withdraw this final rule in part 
or in whole by publication of a document in the Federal Register within 
30 days after the comment period ends.

ADDRESSES: You may submit comments by any of the following methods. All 
submissions received must include the agency name and Regulatory 
Information Number (RIN). The RIN for this rulemaking is 0503-AA41. 
Also, please identify submittals as pertaining to the ``Redesignation 
of the BioPreferred Program.''
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include RIN number 0503-
AA41 and ``Redesignation of the BioPreferred Program'' on the subject 
line. Please include your name and address in your message.
     Mail/commercial/hand delivery: Mail or deliver your 
comments to: Ron Buckhalt, USDA, Office of Procurement and Property 
Management, Room 361, Reporters Building, 300 7th St., SW., Washington, 
DC 20024.
     Persons with disabilities who require alternative means 
for communication for regulatory information (Braille, large print, 
audiotape, etc.) should contact the USDA TARGET Center at (202) 720-
2600 (voice) and (202) 690-0942 (TTY).

FOR FURTHER INFORMATION CONTACT: Ron Buckhalt, USDA, Office of 
Procurement and Property Management, Room 361, Reporters Building, 300 
7th St., SW., Washington, DC 20024; e-mail: [email protected]; 
phone (202) 205-4008. Information regarding the Federal biobased 
preferred procurement program (one part of the BioPreferred Program) is 
available on the Internet at http://www.biopreferred.gov.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose of the Final Rule

    The USDA BioPreferred Program provides for the preferred 
procurement of biobased products by Federal agencies as well as a 
voluntary labeling program for biobased products. The BioPreferred 
Program was established under the authority of section 9002 of the Farm 
Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102, as 
amended by the Food, Conservation, and Energy Act of 2008 (FCEA). 
USDA's Office of Energy Policy and New Uses (OEPNU) began development 
of the regulatory framework to implement the BioPreferred Program soon 
after passage of FSRIA and promulgated the ``Guidelines for Designating 
Biobased Products for Federal Procurement'' on January 11, 2005. The 
Guidelines are contained in part 2902 of chapter XXIX of title 7 of the 
Code of Federal Regulations (CFR) and that chapter is assigned to 
OEPNU. In addition to the Guidelines, OEPNU completed, and added to 
part 2902, regulations designating 33 categories of biobased products 
for Federal procurement preference.
    In October, 2008, the regulatory development and implementation 
efforts for the BioPreferred Program were transferred from OEPNU to 
USDA's Office of Procurement and Property Management (OPPM). Subsequent 
rulemaking actions completed by OPPM (including the additional 
designations of categories of biobased products for Federal procurement 
preference (part 2902) and the promulgation of the Voluntary Labeling 
program for biobased products (part 2904)) have continued to appear in 
7 CFR chapter XXIX, even though chapter XXXII of the CFR is assigned to 
OPPM. This direct final rule will relocate all elements of the 
BioPreferred Program from chapter XXIX of the CFR to chapter XXXII, as 
OPPM has sole responsibility for administering the program. USDA is 
establishing, within chapter XXXII of the CFR, a new part 3201 and 
relocating all of the regulatory text relating to the Federal 
procurement preference from part 2902 into the newly created part 3201. 
In addition, USDA is establishing a new part 3202 and relocating the 
regulatory text relating to the Voluntary Labeling program from part 
2904 into the newly created part 3202.

II. Regulatory Information

A. Executive Order 12866: Regulatory Planning and Review

    This rule has been reviewed under Executive Order 12866. It has 
been determined that this rule is not a ``significant regulatory 
action'' under the terms of Executive Order 12866, because its purpose 
is only to transfer existing regulatory text from one chapter of the 
CFR to another. Therefore, this rule 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 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.

C. Executive Order 12988: Civil Justice Reform

    This 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.

[[Page 53632]]

D. Executive Order 13132: Federalism

    This 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 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 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.

H. Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 through 3520), the information collection under the BioPreferred 
Program is currently approved under OMB control numbers 0503-0011 and 
0503-0020.

List of Subjects in 7 CFR Parts 2902, 2904, 3201, and 3202

    Biobased products, Labeling, Procurement.

    For the reasons stated in the preamble, the Department of 
Agriculture amends chapters XXIX and XXXII of title 7 of the Code of 
Federal Regulations as follows:

 CHAPTER XXXII--OFFICE OF PROCUREMENT AND PROPERTY MANAGEMENT

0
1. Amend title 7 CFR chapter XXXII by establishing parts 3201 and 3202 
to read as follows:

PART 3201--GUIDELINES FOR DESIGNATING BIOBASED PRODUCTS FOR FEDERAL 
PROCUREMENT

PART 3202--VOLUNTARY LABELING PROGRAM FOR BIOBASED PRODUCTS

CHAPTER XXIX--OFFICE OF ENERGY POLICY AND NEW USES

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

0
2. Transfer 7 CFR part 2902, Subpart A--General, Sec. Sec.  2902.1 
through 2902.9 from chapter XXIX to chapter XXXII and redesignate as 7 
CFR part 3201, Subpart A--General, Sec. Sec.  3201.1 through 3201.9.

0
3. Transfer 7 CFR part 2902, Subpart B--Designated Items, Sec. Sec.  
2902.10 through 2902.74 from chapter XXIX to chapter XXXII and 
redesignate as 7 CFR part 3201, Subpart B--Designated Items, Sec. Sec.  
3201.10 through 3201.74.

PART 2904--VOLUNTARY LABELING PROGRAM FOR BIOBASED PRODUCTS

0
4. Transfer 7 CFR part 2904, Sec. Sec.  2904.1 through 2904.10 from 
chapter XXIX to chapter XXXII and redesignate as 7 CFR part 3202, 
Sec. Sec.  3202.1 through 3202.10.

CHAPTER XXXII--OFFICE OF PROCUREMENT AND PROPERTY MANAGEMENT

PART 3201--GUIDELINES FOR DESIGNATING BIOBASED PRODUCTS FOR FEDERAL 
PROCUREMENT

0
5. The authority citation for the newly established part 3201 reads as 
follows:

    Authority:  7 U.S.C. 8102.


0
6. In newly redesignated Sec.  3201.9, revise the reference to ``Sec.  
2902.8'' to read ``Sec.  3201.8''.

PART 3202--VOLUNTARY LABELING PROGRAM FOR BIOBASED PRODUCTS

0
7. The authority citation for the newly established part 3202 reads as 
follows:

    Authority: 7 U.S.C. 8102.


0
8. Amend the newly redesignated part 3202 as follows:

----------------------------------------------------------------------------------------------------------------
                                             By removing the reference
                  Amend:                                to:                      And adding in its place:
----------------------------------------------------------------------------------------------------------------
Sec.   2904.2, definition of ``Biobased    part 2902...................  part 3201.
 content''.
Sec.   2904.2, definition of               part 2902...................  part 3201.
 ``BioPreferred Product''.
Sec.   2904.2, definition of ``Designated  part 2902...................  part 3201.
 item''.
Sec.   2904.2, definition of ``Mature      part 2902...................  part 3201.
 market product''.
Sec.   2904.4(a).........................  Sec.   2904.2...............  Sec.   3202.2.
Sec.   2904.4(b)(1)(i)...................  part 2902...................  part 3201.
Sec.   2904.4(b)(2)(ii)..................  part 2902...................  part 3201.
Sec.   2904.4(b)(3)(iii).................  part 2902...................  part 3201.
Sec.   2904.5(a)(2)......................  Sec.   2904.2...............  Sec.   3202.2.
Sec.   2904.5(b)(2)(i)...................  Sec.   2904.4...............  Sec.   3202.4.
Sec.   2904.5(b)(2)(iii).................  Sec.   2904.6...............  Sec.   3202.6.
Sec.   2904.6(c).........................  Sec.   2904.5(a)............  Sec.   3202.5(a).
Sec.   2904.8(a).........................  Sec.   2904.6...............  Sec.   3202.6.
Sec.   2904.8(a).........................  Sec.   2904.5...............  Sec.   3202.5.
Sec.   2904.8(b)(2)(i)...................  Sec.   2904.7...............  Sec.   3202.7.
Sec.   2904.8(c).........................  Sec.   2904.6...............  Sec.   3202.6.
Sec.   2904.10(b)........................  Sec.   2904.8(b)(1).........  Sec.   3202.8(b)(1).
Sec.   2904.10(c)........................  Sec.   2904.9...............  Sec.   3202.9.
----------------------------------------------------------------------------------------------------------------



[[Page 53633]]

    Dated: August 17, 2011.
Pearlie S. Reed,
Assistant Secretary for Administration, U.S. Department of Agriculture.
[FR Doc. 2011-21694 Filed 8-26-11; 8:45 am]
BILLING CODE 3410-93-P