[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Proposed Rules]
[Pages 56884-56903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23067]
[[Page 56883]]
Vol. 76
Wednesday,
No. 178
September 14, 2011
Part II
Department of Agriculture
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7 CFR Part 3201
Designation of Product Categories for Federal Procurement; Proposed
Rule
Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 /
Proposed Rules
[[Page 56884]]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 3201
RIN 0599-AA14
Designation of Product Categories for Federal Procurement
AGENCY: Office of Procurement and Property Management, USDA.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The U.S. Department of Agriculture (USDA) is proposing to
amend the Guidelines for Designating Biobased Products for Federal
Procurement (Guidelines) to add 13 sections that will designate the
following product categories within which biobased products would be
afforded Federal procurement preference: Air fresheners and
deodorizers; asphalt and tar removers; asphalt restorers; blast media;
candles and wax melts; electronic components cleaners; floor coverings
(non-carpet); foot care products; furniture cleaners and protectors;
inks; packaging and insulating materials; pneumatic equipment
lubricants; and wood and concrete stains. USDA is also proposing
minimum biobased contents for each of these product categories.
DATES: USDA will accept public comments on this proposed rule until
November 14, 2011.
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 0599-AA14.
Also, please identify submittals as pertaining to the ``Proposed
Designation of Product Categories.''
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: [email protected]. Include RIN number 0599-
AA14 and ``Proposed Designation of Product Categories'' 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
products preferred procurement program (one part of the BioPreferred
Program) is available on the Internet at http://www.biopreferred.gov.
SUPPLEMENTARY INFORMATION: The information presented in this preamble
is organized as follows:
I. Authority
II. Background
III. Summary of Today's Proposed Rule
IV. Designation of Product Categories, Minimum Biobased Contents,
and Time Frame
A. Background
B. Product Categories Proposed for Designation
C. Minimum Biobased Contents
D. Compliance Date for Procurement Preference and Incorporation
Into Specifications
V. Where can agencies get more information on these USDA-designated
product categories?
VI. Regulatory Information
A. Executive Order 12866: Regulatory Planning and Review
B. Regulatory Flexibility Act (RFA)
C. Executive Order 12630: Governmental Actions and Interference
With Constitutionally Protected Property Rights
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
H. Paperwork Reduction Act
I. E-Government Act
I. Authority
The designation of these product categories is proposed 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. 8102 (referred to in this document as
``section 9002'').
II. Background
Section 9002 provides for the preferred procurement of biobased
products by Federal procuring agencies and is referred to hereafter in
this Federal Register notice as the ``Federal preferred procurement
program.'' The definition of ``procuring agency'' in section 9002
includes both Federal agencies and ``a person that is a party to a
contract with any Federal agency, with respect to work performed under
such a contract.'' Thus, Federal contractors, as well as Federal
agencies, are expressly subject to the procurement preference
provisions of section 9002.
The term ``product category'' is used in the designation process to
mean a generic grouping of specific products that perform a similar
function, such as the various brands of foot care products or furniture
cleaners. Once USDA designates a product category, procuring agencies
are required generally to purchase biobased products within these
designated product categories where the purchase price of the
procurement product exceeds $10,000 or where the quantity of such
products or the functionally equivalent products purchased over the
preceding fiscal year equaled $10,000 or more. Procuring agencies must
procure biobased products within each product category unless they
determine that products within a product category are not reasonably
available within a reasonable period of time, fail to meet the
reasonable performance standards of the procuring agencies, or are
available only at an unreasonable price. As stated in 7 CFR part 3201--
``Guidelines for Designating Biobased Products for Federal
Procurement'' (Guidelines), biobased products that are merely
incidental to Federal funding are excluded from the Federal preferred
procurement program; that is, the requirements to purchase biobased
products do not apply to such purchases if they are unrelated to or
incidental to the purpose of the Federal contract. In implementing the
Federal preferred procurement program for biobased products, procuring
agencies should follow their procurement rules and Office of Federal
Procurement Policy guidance on buying non-biobased products when
biobased products exist and should document exceptions taken for price,
performance, and availability.
USDA recognizes that the performance needs for a given application
are important criteria in making procurement decisions. USDA is not
requiring procuring agencies to limit their choices to biobased
products that fall under the product categories proposed for
designation in this proposed rule. Rather, the effect of the
designation of the product categories is to require procuring agencies
to determine their performance needs, determine whether there are
qualified biobased products that fall under the designated product
categories that meet the reasonable performance standards for those
needs, and purchase such qualified biobased products to the maximum
extent practicable as required by section 9002.
[[Page 56885]]
Section 9002(a)(3)(B) requires USDA to provide information to
procuring agencies on the availability, relative price, performance,
and environmental and public health benefits of such product categories
and to recommend, where appropriate, the minimum level of biobased
content to be contained in the procured products.
Subcategorization. Most of the product categories USDA is
considering for designation for Federal preferred procurement cover a
wide range of products. For some product categories, there are
subgroups of products that meet different requirements, uses and/or
different performance specifications. For example, within the product
category ``hand cleaners and sanitizers,'' products that are used in
medical offices may be required to meet performance specifications for
sanitizing, while other products that are intended for general purpose
hand washing may not need to meet these specifications. Where such
subgroups exist, USDA intends to create subcategories. Thus, for
example, for the product category ``hand cleaners and sanitizers,''
USDA determined that it was reasonable to create a ``hand cleaner''
subcategory and a ``hand sanitizer'' subcategory. Sanitizing
specifications are applicable to the latter subcategory, but not the
former. In sum, USDA looks at the products within each product category
to evaluate whether there are groups of products within the category
that have different characteristics or that meet different performance
specifications and, where USDA finds these types of differences, it
intends to create subcategories with the minimum biobased content based
on the tested products within the subcategory.
For some product categories, however, USDA may not have sufficient
information at the time of proposal to create subcategories. For
example, USDA may know that there are different performance
specifications that furniture cleaners and protectors are required to
meet, but it may have information on only one type of furniture
cleaner. In such instances, USDA may either designate the product
category without creating subcategories (i.e., defer the creation of
subcategories) or designate one subcategory and defer designation of
other subcategories within the product category until additional
information is obtained. Once USDA has received sufficient additional
information to justify the designation of a subcategory, the
subcategory will be designated through the proposed final rulemaking
process.
Within today's proposed rule, USDA is proposing to subcategorize
one of the product categories. That product category is inks and the
proposed subcategories are: Specialty inks used to add extra
characteristics or features to printed material; inks used for coated
paper, paperboard, plastic, and foil (sheetfed--color and sheetfed--
black); inks used in photocopying and laser machines (printer toner--
<25 pages per minute (ppm) and printer toner-->=25 ppm); and inks used
primarily in newsprint (news). In addition, public comments and
additional data are being requested for several other product
categories and subcategories may be created in a future rulemaking.
Minimum Biobased Contents. The minimum biobased contents being
proposed with today's rule are based on products for which USDA has
biobased content test data. Because the submission of product samples
for biobased content testing is on a strictly voluntary basis, USDA was
able to obtain samples only from those manufacturers who volunteered to
invest the resources required to submit the samples.
In addition to considering the biobased content test data for each
product category, USDA also considers other factors including product
performance information. USDA evaluates this information to determine
whether some products that may have a lower biobased content also have
unique performance or applicability attributes that would justify
setting the minimum biobased content at a level that would include
these products. For example, a lubricant product that has a lower
biobased content than others within a product category but is
formulated to perform over a wider temperature range than the other
products may be more desirable to Federal agencies. Thus, it would be
beneficial to set the minimum biobased content for the product category
at a level that would include the product with superior performance
features.
USDA also considers the overall range of the tested biobased
contents within a product category, groupings of similar values, and
breaks (significant gaps between two groups of values) in the biobased
content test data array. For example, the biobased contents of five
tested products within a product category being proposed for
designation today are 14, 46, 100, 100, and 100 percent. Because this
is a very wide range, and because there is a significant gap in the
data between the 46 percent biobased product and the 100 percent
biobased products, USDA reviewed the product literature to determine
whether subcategories could be created within this product category.
USDA found that the available product information did not justify
subcategorization. Further, USDA did not find any performance claims
that would justify setting the minimum biobased content based on the 14
or 46 percent biobased content products. Thus, USDA is proposing to set
the minimum biobased content for this product category based on the
product with a tested biobased content of 100 percent. USDA believes
that this evaluation process allows it to establish minimum biobased
contents based on a broad set of factors to assist the Federal
procurement community in its decisions to purchase biobased products.
USDA makes every effort to obtain biobased content test data on
multiple products within each product category. For most designated
product categories, USDA has biobased content test data on more than
one product within the category. However, in some cases, USDA has been
able to obtain biobased content data for only a single product within a
designated product category. As USDA obtains additional data on the
biobased contents for products within these designated product
categories or their subcategories, USDA will evaluate whether the
minimum biobased content for a designated product category or
subcategory will be revised.
USDA anticipates that the minimum biobased content of a product
category that is based on a single product is more likely to change as
additional products within that category are identified and tested. In
today's proposed rule, the minimum biobased contents for the ``inks
(printer toner-->=25 ppm)'' and the ``inks (news)'' subcategories of
the inks product category are based on a single tested product within
each subcategory. Based on discussions with industry stakeholders, USDA
believes that the tested products are representative of other products
within the subcategories, but has been unable to obtain additional
products for testing. In addition to requesting comments on the
appropriateness of the proposed minimum biobased contents for these
subcategories, USDA requests that stakeholders provide biobased content
data on their products.
Where USDA receives additional biobased content test data for
products within these proposed product categories during the public
comment period, USDA will take that information into consideration when
establishing the minimum biobased content when the product categories
are designated in the final rulemaking.
Overlap with EPA's Comprehensive Procurement Guideline program for
recovered content products under the Resource Conservation and Recovery
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Act (RCRA) Section 6002. Some of the products that are within biobased
product categories designated for Federal preferred procurement under
this program may also be within categories the Environmental Protection
Agency (EPA) has designated under the EPA's Comprehensive Procurement
Guideline (CPG) for products containing recovered materials. In
situations where it believes there may be an overlap, USDA is asking
manufacturers of qualifying biobased products to make additional
product and performance information available to Federal agencies
conducting market research to assist them in determining whether the
biobased products in question are, or are not, the same products for
the same uses as the recovered content products. Manufacturers are
asked to provide information highlighting the sustainable features of
their biobased products and to indicate the various suggested uses of
their product and the performance standards against which a particular
product has been tested. In addition, depending on the type of biobased
product, manufacturers are being asked to provide other types of
information, such as whether the product contains fossil energy-based
components (including petroleum, coal, and natural gas) and whether the
product contains recovered materials. Federal agencies also may review
available information on a product's biobased content and its profile
against environmental and health measures and life-cycle costs (the
ASTM Standard D7075, ``Standard Practice for Evaluating and Reporting
Environmental Performance of Biobased Products,'' or the Building for
Environmental and Economic Sustainability (BEES) analysis for
evaluating and reporting on environmental performance of biobased
products). Federal agencies may then use this information to make
purchasing decisions based on the sustainability features of the
products. Detailed information on ASTM Standard D7075, and other ASTM
standards, can be found on ASTM's Web site at http://www.astm.org.
Information on the BEES analytical tool can be found on the Web site
http://www.bfrl.nist.gov/oae/software/bees.html.
Section 6002 of RCRA requires a procuring agency procuring a
product designated by EPA generally to procure such a product composed
of the highest percentage of recovered materials content practicable.
However, a procuring agency may decide not to procure such a product
based on a determination that it fails to meet the reasonable
performance standards or specifications of the procuring agency. A
product with recovered materials content may not meet reasonable
performance standards or specifications, for example, if the use of the
product with recovered materials content would jeopardize the intended
end use of the product.
Where a biobased product is used for the same purposes and to meet
the same Federal agency performance requirements as an EPA-designated
recovered content product, the Federal agency must purchase the
recovered content product. For example, if a biobased hydraulic fluid
is to be used as a fluid in hydraulic systems and because ``lubricating
oils containing re-refined oil'' has already been designated by EPA for
that purpose, then the Federal agency must purchase the EPA-designated
recovered content product, ``lubricating oils containing re-refined
oil.'' If, on the other hand, that biobased hydraulic fluid is to be
used to address a Federal agency's certain environmental or health
performance requirements that the EPA-designated recovered content
product would not meet, then the biobased product should be given
preference, subject to reasonable price, availability, and performance
considerations.
This proposed rule designates three product categories for Federal
preferred procurement for which there may be overlap with an EPA-
designated recovered content product. The first is blast media, which
may overlap with the EPA-designated recovered content product
``Miscellaneous products--blasting grit.'' The second is floor
coverings (non-carpet), which may overlap with the EPA-designated
recovered content product ``Floor tiles.'' The third is pneumatic
equipment lubricants, which may overlap with the EPA-designated
recovered content product ``Re-refined lubricating oils.'' EPA provides
recovered materials content recommendations for these recovered content
products in Recovered Materials Advisory Notice (RMAN) I. The RMAN
recommendations for these CPG products can be found by accessing EPA's
Web site http://www.epa.gov/epaoswer/non-hw/procure/products.htm and
then clicking on the appropriate product name.
Federal Government Purchase of Sustainable Products. The Federal
government's sustainable purchasing program includes the following
three statutory preference programs for designated products: the
BioPreferred Program, the EPA's Comprehensive Procurement Guideline for
products containing recovered materials, and the Environmentally
Preferable Purchasing program. The Office of the Federal Environmental
Executive (OFEE) and the Office of Management and Budget (OMB)
encourage agencies to implement these components comprehensively when
purchasing products and services.
Procuring agencies should note that not all biobased products are
``environmentally preferable.'' For example, unless cleaning products
contain no or reduced levels of metals and toxic and hazardous
constituents, they can be harmful to aquatic life, the environment,
and/or workers. Household cleaning products that are formulated to be
disinfectants are required, under the Federal Insecticide, Fungicide
and Rodenticide Act (FIFRA), to be registered with EPA and must meet
specific labeling requirements warning of the potential risks
associated with misuse of such products. When purchasing
environmentally preferable cleaning products, many Federal agencies
specify that products must meet Green Seal standards for institutional
cleaning products or that the products have been reformulated in
accordance with recommendations from the EPA's Design for the
Environment (DfE) program. Both the Green Seal standards and the DfE
program identify chemicals of concern in cleaning products. These
include zinc and other metals, formaldehyde, ammonia, alkyl phenol
ethoxylates, ethylene glycol, and volatile organic compounds. In
addition, both require that cleaning products have neutral or less
caustic pH.
In contrast, some biobased products may be more environmentally
preferable than some products that meet Green Seal standards for
institutional cleaning products or that have been reformulated in
accordance with EPA's DfE program. To fully compare products, one must
look at the ``cradle-to-grave'' impacts of the manufacture, use, and
disposal of products. Biobased products that will be available for
Federal preferred procurement under this program have been assessed as
to their ``cradle-to-grave'' impacts.
One consideration of a product's impact on the environment is
whether (and to what degree) it introduces new fossil carbon into the
atmosphere. Fossil carbon is derived from non-renewable sources
(typically fossil fuels such as coal and oil), whereas renewable
biomass carbon is derived from renewable sources (biomass). Qualifying
biobased products offer the user the opportunity to manage the carbon
cycle and reduce the introduction of new fossil carbon into the
atmosphere.
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Manufacturers of qualifying biobased products designated under the
Federal preferred procurement program will be able to provide, at the
request of Federal agencies, factual information on environmental and
human health effects of their products, including the results of the
ASTM D7075, or the comparable BEES analysis, which examines 12
different environmental parameters, including human health. Therefore,
USDA encourages Federal procurement agencies to consider that USDA has
already examined all available information on the environmental and
human health effects of biopreferred products when making their
purchasing decisions.
Other Federal Preferred Procurement Programs. Federal procurement
officials should also note that biobased products may be available for
purchase by Federal agencies through the AbilityOne Program (formerly
known as the Javits-Wagner-O'Day (JWOD) program). Under this program,
members of organizations including the National Industries for the
Blind (NIB) and the National Institute for the Severely Handicapped
(NISH) offer products and services for preferred procurement by Federal
agencies. A search of the AbilityOne Program's online catalog (http://www.abilityone.gov) indicated that four of the product categories being
proposed today (air fresheners and deodorizers, blast media, floor
coverings, and inks (printer toner--<25 ppm)) are available through the
AbilityOne Program. While there is no specific product within these
product categories identified in the AbilityOne online catalog as being
a biobased product, it is possible that such biobased products are
available or will be available in the future. Also, because additional
categories of products are frequently added to the AbilityOne Program,
it is possible that biobased products within other product categories
being proposed for designation today may be available through the
AbilityOne Program in the future. Procurement of biobased products
through the AbilityOne Program would further the objectives of both the
AbilityOne Program and the Federal preferred procurement program.
Outreach. To augment its own research, USDA consults with industry
and Federal stakeholders to the Federal preferred procurement program
during the development of the rulemaking packages for the designation
of product categories. USDA consults with stakeholders to gather
information used in determining the order of product category
designation and in identifying: Manufacturers producing and marketing
products that fall within a product category proposed for designation;
performance standards used by Federal agencies evaluating products to
be procured; and warranty information used by manufacturers of end user
equipment and other products with regard to biobased products.
Future Designations. In making future designations, USDA will
continue to conduct market searches to identify manufacturers of
biobased products within product categories. USDA will then contact the
identified manufacturers to solicit samples of their products for
voluntary submission for biobased content testing. Based on these
results, USDA will then propose new product categories for designation
for Federal preferred procurement.
In the preamble to the first six product categories designated for
Federal preferred procurement (71 FR 13686, March 16, 2006), USDA
stated that it planned to identify approximately 10 product categories
in each future rulemaking. In an effort to finalize the designation of
more product categories in a shorter time period, USDA now plans to
increase the number of product categories in each rulemaking, whenever
possible. Thus, today's proposed rulemaking would designate 13 product
categories for Federal preferred procurement.
USDA has developed a preliminary list of product categories for
future designation and has posted this preliminary list on the
BioPreferred Web site. While this list presents an initial
prioritization of product categories for designation, USDA cannot
identify with certainty which product categories will be presented in
each of the future rulemakings. In response to comments from other
Federal agencies, USDA intends to give increased priority to those
product categories that contain the highest biobased content. In
addition, as the program matures, manufacturers of biobased products
within some industry segments have become more responsive to USDA's
requests for technical information than those in other segments. Thus,
product categories with high biobased content and for which sufficient
technical information can be obtained quickly may be added or moved up
on the prioritization list. USDA intends to update the list of product
categories for future designation on the BioPreferred Web site every
six months, or more often if significant changes are made to the list.
III. Summary of Today's Proposed Rule
USDA is proposing to designate the following product categories for
Federal preferred procurement: Air fresheners and deodorizers; asphalt
and tar removers; asphalt restorers; blast media; candles and wax
melts; electronic components cleaners; floor coverings (non-carpet);
foot care products; furniture cleaners and protectors; inks, including
specialty inks, inks (sheetfed--color), inks (sheetfed--black), inks
(printer toner--<25 ppm), inks (printer toner-->=25 ppm), and inks
(news) as subcategories; packaging and insulating materials; pneumatic
equipment lubricants; and wood and concrete stains. USDA is also
proposing minimum biobased content for each of these product
categories. Lastly, USDA is proposing a date by which Federal agencies
must incorporate these designated product categories into their
procurement specifications (see Section IV.D).
In today's proposed rule, USDA is providing information on its
findings as to the availability, economic and technical feasibility,
environmental and public health benefits, and life-cycle costs for each
of the designated product categories. Information on the availability,
relative price, performance, and environmental and public health
benefits of individual products within each of these product categories
is not presented in this notice. Further, USDA has reached an
understanding with manufacturers not to publish their names in
conjunction with specific product data published in the Federal
Register when designating product categories. This understanding was
reached to encourage manufacturers to submit products for testing to
support the designation of a product category. Once a product category
has been designated, USDA will encourage the manufacturers of products
within the product category to voluntarily make their names and other
contact information available for the BioPreferred Web site.
Warranties. Some of the product categories being proposed for
designation today may affect original equipment manufacturers (OEMs)
warranties for equipment in which the product categories are used. For
example, the manufacturer of a piece of equipment that requires
lubrication typically includes a list of recommended lubricants in the
owner/operators manual that accompanies the equipment when purchased.
If the purchaser of the equipment uses a lubricant (including a
biobased lubricant) that is not among the lubricants recommended by the
equipment manufacturer, the manufacturer may cite that as a reason not
to honor the warranty on the equipment. At this time, USDA does not
[[Page 56888]]
have information available as to the extent that OEMs have included, or
will include, biobased products among their recommended lubricants (or
other similar operating components). This does not necessarily mean
that use of biobased products will void warranties, only that USDA does
not currently have such information. USDA is requesting comments and
information on this topic, but cannot be held responsible if damage
were to occur. USDA encourages manufacturers of biobased products to
test their products against all relevant standards, including those
that affect warranties, and to work with OEMs to ensure that biobased
products are accepted and recommended for use. Whenever manufacturers
of biobased products find that existing performance standards for
warranties are not relevant or appropriate for biobased products, USDA
is willing to assist them in working with the appropriate OEMs to
develop tests that are relevant and appropriate for the end uses in
which biobased products are intended. In addition to outreach to
biobased product manufacturers and Federal agencies, USDA will, as time
and resources allow, work with OEMs on addressing any effect the use of
biobased products may have on their warranties. If, in spite of these
efforts, there is insufficient information regarding the use of a
biobased product and its effect on warranties, the procurement agent
would not be required to buy such a product. As information is
available on warranties, USDA will make such information available on
the BioPreferred Web site.
Additional Information. USDA is working with manufacturers and
vendors to make all relevant product and manufacturer contact
information available on the BioPreferred Web site before a procuring
agency asks for it, in order to make the Federal preferred procurement
program more efficient. Steps USDA has implemented, or will implement,
include: Making direct contact with submitting companies through e-mail
and phone conversations to encourage completion of product listing;
coordinating outreach efforts with intermediate material producers to
encourage participation of their customer base; conducting targeted
outreach with industry and commodity groups to educate stakeholders on
the importance of providing complete product information; participating
in industry conferences and meetings to educate companies on program
benefits and requirements; and communicating the potential for expanded
markets beyond the Federal government to include State and local
governments, as well as the general public markets. Section V provides
instructions to agencies on how to obtain this information on products
within these product categories through the following Web site: http://www.biopreferred.gov.
Comments. USDA invites comment on the proposed designation of these
product categories, including the definition, proposed minimum biobased
content, and any of the relevant analyses performed during the
selection of these product categories. In addition, USDA invites
comments and information in the following areas:
1. Three of the product categories being proposed for designation
(blast media, floor coverings, and pneumatic equipment lubricants) may
overlap with products designated under EPA's Comprehensive Procurement
Guideline for products containing recovered material. To help procuring
agencies in making their purchasing decisions between biobased products
within the proposed designated product categories that overlap with
products containing recovered material, USDA is requesting product-
specific information on unique performance attributes, environmental
and human health effects, disposal costs, and other attributes that
would distinguish biobased products from products containing recovered
material as well as non-biobased products.
2. We have attempted to identify relevant and appropriate
performance standards and other relevant measures of performance for
each of the proposed product categories. If you know of other such
standards or relevant measures of performance for any of the proposed
product categories, USDA requests that you submit information
identifying such standards and measures, including their name (and
other identifying information as necessary), identifying who is using
the standard/measure, and describing the circumstances under which the
product is being used.
3. Many biobased products within the product categories being
proposed for designation will have positive environmental and human
health attributes. USDA is seeking comments on such attributes in order
to provide additional information on the BioPreferred Web site. This
information will then be available to Federal procuring agencies and
will assist them in making informed sustainable procurement decisions.
When possible, please provide appropriate documentation to support the
environmental and human health attributes you describe.
4. Several product categories (e.g., air fresheners and
deodorizers, electronic components cleaners, floor coverings, inks, and
wood and concrete stains) have wide ranges of tested biobased contents.
For the reasons discussed later in this preamble, USDA is proposing a
minimum biobased content that would allow many of the tested products
to be eligible for Federal preferred procurement. USDA welcomes
comments on the appropriateness of the proposed minimum biobased
contents for these product categories and whether there are potential
subcategories within the product categories that should be considered.
5. As discussed above, the effect that the use of biobased products
may have on original equipment manufacturers' warranties is uncertain.
USDA requests comments and supporting information on any aspect of this
issue.
6. Today's proposed rule is expected to have both positive and
negative impacts on individual businesses, including small businesses.
USDA anticipates that the biobased Federal preferred procurement
program will provide additional opportunities for businesses and
manufacturers to begin supplying products under the proposed designated
biobased product categories to Federal agencies and their contractors.
However, other businesses and manufacturers that supply only non-
qualifying products and do not offer biobased alternatives may
experience a decrease in demand from Federal agencies and their
contractors. Because USDA has been unable to determine the number of
businesses, including small businesses, that may be adversely affected
by today's proposed rule, USDA requests comment on how many small
entities may be affected by this rule and on the nature and extent of
that effect.
All comments should be submitted as directed in the ADDRESSES
section above.
To assist you in developing your comments, the background
information used in proposing these product categories for designation
has been assembled in a technical support document (TSD), ``Technical
Support for Proposed Rule--Round 8 Designated Product Categories,''
which is available on the BioPreferred Web site. The TSD document can
be located by clicking on the ``Federal Procurement Preference'' link
on the right side of the BioPreferred Web site's home page (http://www.biopreferred.gov) and then on the ``Rules and Regulations'' link.
At the next screen, click on the Supporting Documentation link under
Round 8
[[Page 56889]]
Designation under the Proposed Regulations section.
IV. Designation of Product Categories, Minimum Biobased Contents, and
Time Frame
A. Background
In order for USDA to designate product categories for Federal
preferred procurement, section 9002 requires USDA to consider: (1) The
availability of biobased products within the product categories and (2)
the economic and technological feasibility of using those products,
including the life-cycle costs of the products.
In considering an item's availability, USDA uses several sources of
information. USDA performs Internet searches, contacts trade
associations (such as the Bio organization) and commodity groups,
searches the Thomas Register (a database, used as a resource for
finding companies and products manufactured in North America,
containing over 173,000 entries), and contacts manufacturers and
vendors to identify those manufacturers and vendors with biobased
products within product categories being considered for designation.
USDA uses the results of these same searches to determine if an item is
generally available.
In considering a product category's economic and technological
feasibility, USDA examines evidence pointing to the general commercial
use of a product and its life-cycle cost and performance
characteristics. This information is obtained from the sources used to
assess a product's availability. Commercial use, in turn, is evidenced
by any manufacturer and vendor information on the availability,
relative prices, and performance of their products as well as by
evidence of a product being purchased by a procuring agency or other
entity, where available. In sum, USDA considers a product category
economically and technologically feasible for purposes of designation
if products within that product category are being offered and used in
the marketplace.
In considering the life-cycle costs of product categories proposed
for designation, USDA has obtained the necessary input information (on
a voluntary basis) from manufacturers of biobased products and has used
the BEES analytical tool to analyze individual products within each
proposed product category. The BEES analytical tool measures the
environmental performance and the economic performance of a product.
The environmental performance scores, impact values, and economic
performance results for products within the Round 8 designated product
categories analyzed using the BEES analytical tool can be found in
``Technical Support for Proposed Rule--Round 8 Designated Product
Categories,'' located on the BioPreferred Web site (http://www.biopreferred.gov).
In addition to the BEES analytical tool, manufacturers wishing to
make similar life-cycle information available may choose to use the
ASTM Standard D7075 analysis. The ASTM Standard D7075 product analysis
includes information on environmental performance, human health
impacts, and economic performance. USDA is working with manufacturers
and vendors to make this information available on the BioPreferred Web
site in order to make the Federal preferred procurement program more
efficient.
As discussed earlier, USDA has also implemented, or will implement,
several other steps intended to educate the manufacturers and other
stakeholders on the benefits of this program and the need to make this
information, including manufacturer contact information, available on
the BioPreferred Web site in order to then make it available to
procurement officials. Additional information on specific products
within the product categories proposed for designation may also be
obtained directly from the manufacturers of the products. USDA has also
provided a link on the BioPreferred Web site to a document that offers
useful information to manufacturers and vendors who wish to position
their businesses as BioPreferred vendors to the Federal Government.
This document can be accessed by clicking on the ``Sell Biobased
Products'' tab on the right side of the home page of the BioPreferred
Web site, then on the ``Resources for Business'' tab under ``Related
Topics'' on the right side of the next page, and then on the document
titled ``Selling Biobased Products to the Federal Government'' in the
middle of the page.
USDA recognizes that information related to the functional
performance of biobased products is a primary factor in making the
decision to purchase these products. USDA is gathering information on
industry standard test methods and performance standards that
manufacturers are using to evaluate the functional performance of their
products. (Test methods are procedures used to provide information on a
certain attribute of a product. For example, a test method might
determine how many bacteria are killed. Performance standards identify
the level at which a product must perform in order for it to be
``acceptable'' to the entity that set the performance standard. For
example, a performance standard might require that a certain percentage
(e.g., 95 percent) of the bacteria must be killed through the use of
the product.) The primary sources of information on these test methods
and performance standards are manufacturers of biobased products within
these product categories. Additional test methods and performance
standards are also identified during meetings of the Interagency
council and during the review process for each proposed rule. We have
listed, under the detailed discussion of each product category proposed
for designation (presented in Section IV.B), the functional performance
test methods, performance standards, product certifications, and other
measures of performance associated with the functional aspects of
products identified during the development of this Federal Register
notice for these product categories.
While this process identifies many of the relevant test methods and
standards, USDA recognizes that those identified herein do not
represent all of the methods and standards that may be applicable for a
product category or for any individual product within the category. As
noted earlier in this preamble, USDA is requesting identification of
other relevant performance standards and measures of performance. As
the program becomes fully implemented, these and other additional
relevant performance standards will be available on the BioPreferred
Web site.
In gathering information relevant to the analyses discussed above
for this proposed rule, USDA has made extensive efforts to contact and
request information and product samples within the product categories
proposed for designation. For product information, USDA has attempted
to contact representatives of the manufacturers of biobased products
identified by the Federal preferred procurement program. For product
samples on which to conduct biobased content tests and BEES analysis,
USDA has attempted to obtain samples and BEES input information for at
least five different suppliers of products within each product category
in today's proposed rule. However, because the submission of
information and samples is on a strictly voluntary basis, USDA was able
to obtain information and samples only from those manufacturers who
volunteered to invest the resources required to gather and submit the
information and samples. The data
[[Page 56890]]
presented are all the data that were submitted in response to USDA
requests for information from manufacturers of the products within the
product categories proposed for designation. While USDA would prefer to
have complete data on the full range of products within each product
category, the data that were submitted support designation of the
product categories in today's proposed rule.
To propose a product category for designation, USDA must have
sufficient information on a sufficient number of products within the
category to be able to assess its availability and its economic and
technological feasibility, including its life-cycle costs. For some
product categories, there may be numerous products available. For
others, there may be very few products currently available. Given the
infancy of the market for some product categories, it is expected that
categories with only a single product will be identified. Further,
given that the intent of section 9002 is largely to stimulate the
production of new biobased products and to energize emerging markets
for those products, USDA has determined it is appropriate to designate
a product category or subcategory for Federal preferred procurement
even when there is only a single product with a single supplier, though
this will generally occur once other products with high biobased
content and two or more producers are first designated. However, USDA
has also determined that in such situations it is appropriate to defer
the effective Federal preferred procurement date until such time that
more than one supplier is identified in order to provide choice to
procuring agencies. Similarly, the documented availability, benefits,
and life-cycle costs of even a very small percentage of all products
that may exist within a product category are also considered sufficient
to support designation.
B. Product Categories Proposed for Designation
USDA uses a model (as summarized below) to identify and prioritize
product categories for designation. Through this model, USDA has
identified over 100 product categories for potential designation under
the Federal preferred procurement program. A list of these product
categories and information on the model can be accessed on the
BioPreferred Web site at http://www.biopreferred.gov.
In general, product categories are developed and prioritized for
designation by evaluating them against program criteria established by
USDA and by gathering information from other government agencies,
private industry groups, and manufacturers. These evaluations begin by
looking at the cost, performance, and availability of products within
each product category. USDA then considers the following points:
Are there manufacturers interested in providing the
necessary test information on products within a particular product
category?
Are there a number of manufacturers producing biobased
products in this product category?
Are there products available in this product category?
What level of difficulty is expected when designating this
item?
Is there Federal demand for the product?
Are Federal procurement personnel looking for biobased
products?
Will a product category create a high demand for biobased
feed stock?
Does manufacturing of products within this product
category increase potential for rural development?
After completing this evaluation, USDA prioritizes the list of
product categories for designation. USDA then gathers information on
products within the highest priority product categories and, as
sufficient information becomes available for a group of product
categories, a new rulemaking package is developed to designate the
product categories within that group. USDA points out that the list of
product categories may change, with some being added or dropped, and
that the order in which they are proposed for designation is likely to
change because the information necessary to designate a product
category may take more time to obtain than one lower on the list.
In today's proposed rule, USDA is proposing to designate the
following product categories for the Federal preferred procurement
program: Air fresheners and deodorizers; asphalt and tar removers;
asphalt restorers; blast media; candles and wax melts; electronic
components cleaners; floor coverings (non-carpet); foot care products;
furniture cleaners and protectors; inks, including specialty inks, inks
(sheetfed--color), inks (sheetfed--black), inks (printer toner--<25
ppm), inks (printer toner-->=25 ppm), and inks (news) as subcategories;
packaging and insulating materials; pneumatic equipment lubricants; and
wood and concrete stains. USDA has determined that each of these
product categories meets the necessary statutory requirements--namely,
that they are being produced with biobased products and that their
procurement by procuring agencies will carry out the following
objectives of section 9002:
To increase demand for biobased products, which would in
turn increase demand for agricultural commodities that can serve as
feedstocks for the production of biobased products;
To spur development of the industrial base through value-
added agricultural processing and manufacturing in rural communities;
and
To enhance the Nation's energy security by substituting
biobased products for products derived from imported oil and natural
gas.
Further, USDA has sufficient information on these product
categories to determine their availability and to conduct the requisite
analyses to determine their biobased content and their economic and
technological feasibility, including life-cycle costs.
Overlap with EPA's Comprehensive Procurement Guideline program for
recovered content products. In today's proposed rule, three product
categories may overlap with EPA-designated recovered content products.
The first is blast media, which may overlap with the EPA-designated
recovered content product ``Miscellaneous products--blasting grit.''
The second is floor coverings (non-carpet), which may overlap with the
EPA-designated recovered content product ``Floor tiles.'' The third is
pneumatic equipment lubricants, which may overlap with the EPA-
designated recovered content product ``Re-refined lubricating oils.''
For these product categories, USDA is requesting information on
overlap situations to further help procuring agencies make informed
decisions when faced with purchasing a recovered content material
product or a biobased product. As this information is developed, USDA
will make it available on the BioPreferred Web site.
Exemptions. Products exempt from the biobased procurement
preference are military equipment, defined as any product or system
designed or procured for combat or combat-related missions, and
spacecraft systems and launch support equipment. However, agencies may
purchase biobased products wherever performance, availability and
reasonable price indicates that such purchases are justified.
Although each product category in today's proposed rule would be
exempt from the procurement preference requirement when used in
spacecraft systems or launch support application or in military
equipment used in combat and combat-related applications, this
exemption does not extend to contractors performing work other than
[[Page 56891]]
direct maintenance and support of the spacecraft or launch support
equipment or combat or combat-related missions. For example, if a
contractor is applying furniture cleaners and protectors to the
furniture in an office building on a military base, the furniture
cleaners and protectors the contractor purchases and uses in the office
building should be a qualifying biobased furniture cleaner and
protector. The exemption does apply, however, if the product being
purchased by the contractor is for use in combat or combat-related
missions or for use in space or launch applications. After reviewing
the regulatory requirement and the relevant contract, where contractors
have any questions on the exemption, they should contact the cognizant
contracting officer.
USDA points out that it is not the intent of these exemptions to
imply that biobased products are inferior to non-biobased products. If
manufacturers of biobased products can meet the concerns of these two
agencies, USDA is willing to reconsider such exemptions on a case-by-
case basis. Any changes to the current exemptions would be announced in
a proposed rule amendment with an opportunity for public comment.
Each of the proposed designated product categories are discussed in
the following sections.
1. Air Fresheners and Deodorizers (Minimum Biobased Content 97 Percent)
\1\
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\1\ Additional information on the determination of minimum
biobased contents is presented in Section IV.C of this preamble.
---------------------------------------------------------------------------
Air fresheners and deodorizers are products used to alleviate the
experience of unpleasant odors by chemical neutralization, absorption,
anesthetization, or masking.
USDA identified 44 manufacturers and suppliers of 77 air fresheners
and deodorizers. These 44 manufacturers and suppliers do not
necessarily include all manufacturers of air fresheners and
deodorizers, merely those identified during USDA information gathering
activities. Relevant product information supplied by these
manufacturers and suppliers indicates that these products are being
used commercially. In addition, manufacturers and stakeholders
identified two test methods (as shown below) used in evaluating
products within this product category. While there may be additional
test methods, as well as performance standards, product certifications,
and other measures of performance, applicable to products within this
product category, the two test methods identified by the manufacturers
are:
Test Methods
Environmental Protection Agency (EPA), 40 CFR part
797.1300, Daphnid Acute Toxicity Test. Method used to determine the
concentration of a substance that produces a toxic effect; and
EPA, 40 CFR part 797.1400, Fish Acute Toxicity Test.
Method used to determine the concentration of a substance that produces
a toxic effect.
USDA contacted procurement officials with various policy-making and
procuring agencies in an effort to gather information on the purchases
of air fresheners and deodorizers, as well as information on products
within the other 12 product categories proposed for designation today.
These agencies included GSA, several offices within the DLA, OFEE, USDA
Departmental Administration, the National Park Service, EPA, a
Department of Energy laboratory, and OMB. Communications with these
Federal officials led to the conclusion that obtaining current usage
statistics and specific potential markets within the Federal government
for biobased products within the 13 proposed designated product
categories is not possible at this time.
Most of the contacted officials reported that procurement data are
appropriately reported in higher level groupings of Federal Supply
Codes \2\ for materials and supplies, which is higher level coding than
the proposed designated product categories. Using terms that best match
the product categories in today's proposed rule, USDA queried the GSA
database for Federal purchases of products within today's proposed
product categories. The results indicate purchases of products within
product categories in today's proposed rule. The results of this
inquiry can be found in the TSD for this proposed rule. Also, the
purchasing of such materials as part of contracted services and with
individual purchase cards used to purchase products locally leads to
less accurate data on purchases of specific products.
---------------------------------------------------------------------------
\2\ The Federal Supply Code (FSC) is a four-digit code used by
government buying offices to classify and identify, in broad terms,
the products and supplies that the government buys and uses. The FSC
is the first four digits in the much more detailed 13-digit National
Stock Number (NSN) that is assigned to all government purchases for
purposes of identification and inventory control.
---------------------------------------------------------------------------
USDA also investigated the Web site FEDBIZOPPS.gov, a site which
lists Federal contract purchase opportunities and awards greater than
$25,000. The information provided on this Web site, however, is for
broad categories of services and products rather than the specific
types of products that are included in today's proposed rule.
Therefore, USDA has been unable to obtain data on the amount of air
fresheners and deodorizers purchased by procuring agencies. However,
Federal agencies routinely procure such products and contract for
lodging, cleaning, and health care related services involving the use
of such products. Thus, they have a need for air fresheners and
deodorizers and for services that use these products. Designation of
air fresheners and deodorizers will promote the use of biobased
products, furthering the objectives of this program.
Specific product information, including company contact, intended
use, biobased content, and performance characteristics, have been
collected on 14 air fresheners and deodorizers. Analyses of the
environmental and human health benefits and the life-cycle costs of
biobased air fresheners were performed for two of the products using
the BEES analytical tool. The results of those analyses are presented
in the TSD for the Round 8 product categories, which can be found on
the BioPreferred Web site.
2. Asphalt and Tar Removers (Minimum Biobased Content 80 Percent)
Asphalt and tar removers are products designed to remove asphalt or
tar from equipment, roads, or various surfaces.
USDA identified 13 manufacturers and suppliers of 16 asphalt and
tar removers. The 13 manufacturers and suppliers do not necessarily
include all manufacturers and suppliers of biobased asphalt and tar
removers, merely those identified during USDA information gathering
activities. Information supplied by these manufacturers and suppliers
indicates that these products are being used commercially. However,
manufacturers and stakeholders contacted by USDA did not identify any
applicable performance standards, test methods, or other industry
measures of performance against which these products have been tested.
USDA points out that the lack of identified performance standards is
not relevant to the designation of a product category for Federal
preferred procurement because it is not one of the criteria section
9002 requires USDA to consider. If and when performance standards, test
methods, and other relevant measures of performance are identified for
this product category, USDA will provide such information on the
BioPreferred Web site.
[[Page 56892]]
USDA attempted to gather data on the potential market for asphalt
and tar remover products within the Federal government, as discussed in
the section on air fresheners and deodorizers. These attempts were
largely unsuccessful. However, Federal agencies routinely procure such
products and perform, or procure contract services to perform, the
types of cleaning activities that would use these products. Thus, they
have a need for asphalt and tar removers and for services that require
the use of asphalt and tar removers. Designation of asphalt and tar
removers will promote the use of biobased products, furthering the
objectives of this program.
Specific product information, including company contact, intended
use, biobased content, and performance characteristics, have been
collected on eight asphalt and tar removers. Analyses of the
environmental and human health benefits and the life-cycle costs of
asphalt and tar removers were performed for two products using the BEES
analytical tool. The results of those analyses are presented in the TSD
for the Round 8 product categories, which can be found on the
BioPreferred Web site.
3. Asphalt Restorers (Minimum Biobased Content 68 Percent)
Asphalt restorers are products designed to seal, protect, or
restore poured asphalt and concrete surfaces and are typically applied
through spraying immediately after pouring of concrete or asphalt.
USDA identified five manufacturers and suppliers of seven asphalt
restorers. The five manufacturers and suppliers do not necessarily
include all manufacturers and suppliers of biobased asphalt restorers,
merely those identified during USDA information gathering activities.
Information supplied by these manufacturers and suppliers indicates
that these products are being used commercially. In addition,
manufacturers and stakeholders identified one test method (as shown
below) used in evaluating products within this product category. While
there may be additional test methods, as well as performance standards,
product certifications, and other measures of performance, applicable
to products within this product category, the one test method
identified by the manufacturers is:
Test Method
ASTM D2170--Standard Test Method for Kinematic Viscosity
of Asphalts (Bitumens).
USDA attempted to gather data on the potential market for asphalt
restorer products within the Federal government, as discussed in the
section on air fresheners and deodorizers. These attempts were largely
unsuccessful. However, many Federal agencies routinely perform, or
procure contract services to perform, the types of paving activities
that would use these products. Thus, they have a need for asphalt
restorers and for services that require the use of asphalt restorers.
Designation of asphalt restorers will promote the use of biobased
products, furthering the objectives of this program.
Specific product information, including company contact, intended
use, biobased content, and performance characteristics, have been
collected on five asphalt restorers. An analysis of the environmental
and human health benefits and the life-cycle costs of asphalt restorers
was performed for one product using the BEES analytical tool. The
results of that analysis are presented in the TSD for the Round 8
product categories, which can be found on the BioPreferred Web site.
4. Blast Media (Minimum Biobased Content 94 Percent)
Blast media are abrasive particles sprayed forcefully to clean,
remove contaminants, or condition surfaces, often preceding coating.
USDA identified 7 manufacturers and suppliers of 13 different blast
media. These seven manufacturers and suppliers do not necessarily
include all manufacturers and suppliers of biobased blast media, merely
those identified during USDA information gathering activities.
Information supplied by these manufacturers and suppliers indicates
that these products are being used commercially. In addition,
manufacturers and stakeholders identified one test method (as shown
below) used in evaluating products within this product category. While
there may be additional test methods, as well as performance standards,
product certifications, and other measures of performance, applicable
to products within this product category, the one test method
identified by the manufacturers is:
Test Method
ASTM International D2240 Standard Test Method for Rubber
Property--Durometer Hardness.
USDA attempted to gather data on the potential market for blast
media within the Federal government, as discussed in the section on air
fresheners and deodorizers. These attempts were largely unsuccessful.
However, many Federal agencies routinely use blast media in cleaning
and painting operations. In addition, Federal agencies may contract for
services involving the use of such products. Thus, they have a need for
blast media and for services that require the use of blast media.
Designation of blast media will promote the use of biobased products,
furthering the objectives of this program.
Specific product information, including company contact, intended
use, biobased content, and performance characteristics have been
collected on 13 blast media products. Analyses of the environmental and
human health benefits and the life-cycle costs of blast media were
performed for two of the products using the BEES analytical tool. The
results of those analyses are presented in the TSD for the Round 8
product categories, which can be found on the BioPreferred Web site.
5. Candles and Wax Melts (Minimum Biobased Content 88 Percent)
Candles and wax melts are products that are in the form of a solid
mass that either has an embedded wick that is burned to provide light
or aroma, or is wickless and melts when heated to produce just aroma.
USDA identified 267 manufacturers and suppliers of 708 candles and
wax melts. These 267 manufacturers and suppliers do not necessarily
include all manufacturers and suppliers of biobased candles and wax
melts, merely those identified during USDA information gathering
activities. Information supplied by these manufacturers and suppliers
indicates that these products are being used commercially. In addition,
manufacturers and stakeholders identified one test method (as shown
below) used in evaluating products within this product category. While
other test methods and measures of performance, as well as performance
standards, applicable to products within this product category may
exist, the only test method identified by manufacturers is:
Test Method
ASTM International F2417, Standard Specification for Fire
Safety for Candles.
USDA attempted to gather data on the potential market for candles
and wax melts within the Federal government, as discussed in the
section on air fresheners and deodorizers. These attempts were largely
unsuccessful. However, many Federal agencies routinely maintain, or
procure contract services to maintain, residential facilities that use
candles and wax melts. Thus, they have a need for these products.
Designation of candles and wax melts will promote the use of
[[Page 56893]]
biobased products, furthering the objectives of this program.
Specific product information, including company contact, intended
use, biobased content, and performance characteristics have been
collected on 85 candles and wax melts. Analyses of the environmental
and human health benefits and the life-cycle costs of candles and wax
melts were performed for two of the products using the BEES analytical
tool. The results of those analyses are presented in the TSD for the
Round 8 product categories, which can be found on the BioPreferred Web
site.
6. Electronic Components Cleaners (Minimum Biobased Content 91 Percent)
Electronic components cleaners are products used to wash or remove
dirt or extraneous matter from electronic parts, devices, circuits, or
systems.
USDA identified seven manufacturers and suppliers of eight
electronic components cleaners. These seven manufacturers and suppliers
do not necessarily include all manufacturers and suppliers of
electronic components cleaners, merely those identified during USDA
information gathering activities. Information supplied by these
manufacturers and suppliers indicates that these products are being
used commercially. In addition, manufacturers and stakeholders
identified one test method (as shown below) used in evaluating products
within this product category. While other test methods and measures of
performance, as well as performance standards, applicable to products
within this product category may exist, the only test method identified
by manufacturers is:
Test Method
ASTM International D86, Standard Test Method for
Distillation of Petroleum Products at Atmospheric Pressure.
USDA attempted to gather data on the potential market for
electronic components cleaners within the Federal government, as
discussed in the section on air fresheners and deodorizers. These
attempts were largely unsuccessful. However, most Federal agencies
routinely procure electronic components cleaners, or procure services
that use these products. Thus, they have a need for electronic
components cleaners and for services that require the use of electronic
components cleaners. Designation of electronic components cleaners will
promote the use of biobased products, furthering the objectives of this
program.
Specific product information, including company contact, intended
use, biobased content, and performance characteristics have been
collected on six electronic components cleaners. Analyses of the
environmental and human health benefits and the life-cycle costs of
biobased electronic components cleaners were performed for two products
using the BEES analytical tool. The results of those analyses are
presented in the TSD for the Round 8 product categories, which can be
found on the BioPreferred Web site.
7. Floor Coverings (Non-Carpet) (Minimum Biobased Content 91 Percent)
Floor coverings that are designed for use as the top layer on a
floor and that are not carpet products. Examples are bamboo, hardwood,
and cork tiles.
USDA identified 38 manufacturers and suppliers of 343 floor
coverings. These 38 manufacturers and suppliers do not necessarily
include all manufacturers and suppliers of floor coverings, merely
those identified during USDA information gathering activities.
Information supplied by these manufacturers and suppliers indicates
that these products are being used commercially. In addition,
manufacturers and stakeholders identified one test method (as shown
below) used in evaluating products within this product category. While
other test methods and measures of performance, as well as performance
standards, applicable to products within this product category may
exist, the only test method identified by manufacturers is:
Test Method
ASTM E1333--Standard Test Method for Determining
Formaldehyde Concentrations in Air and Emission Rates from Wood
Products Using a Large Chamber.
USDA attempted to gather data on the potential market for floor
coverings within the Federal government, as discussed in the section on
air fresheners and deodorizers. These attempts were largely
unsuccessful. However, many Federal agencies routinely procure floor
coverings, or contract with services that procure these products. Thus,
they have a need for floor coverings and for services that require the
use of floor coverings. Designation of floor coverings will promote the
use of biobased products, furthering the objectives of this program.
Specific product information, including company contact, intended
use, biobased content, and performance characteristics have been
collected on 45 floor coverings. An analysis of the environmental and
human health benefits and the life-cycle costs of biobased floor
coverings was performed for one product using the BEES analytical tool.
The results of that analysis are presented in the TSD for the Round 8
product categories, which can be found on the BioPreferred Web site.
8. Foot Care Products (Minimum Biobased Content 83 Percent)
Foot care products are products used in the soothing or cleaning of
feet.
USDA identified 36 manufacturers and suppliers of 62 foot care
products. These 36 manufacturers and suppliers do not necessarily
include all manufacturers and suppliers of foot care products, merely
those identified during USDA information gathering activities.
Information supplied by these manufacturers and suppliers indicates
that these products are being used commercially. In addition,
manufacturers and stakeholders identified three test methods (as shown
below) used in evaluating products within this product category. While
other test methods and measures of performance, as well as performance
standards, applicable to products within this product category may
exist, the three test methods identified by manufacturers are:
Test Methods
ASTM International E1207--Standard Practice for the
Sensory Evaluation of Axillary Deodorancy;
ASTM International E1909--Standard Guide for Time-
Intensity Evaluation of Sensory Attributes; and
ASTM International F2412--Standard Test Methods for Foot
Protection.
USDA attempted to gather data on the potential market for foot care
products within the Federal government, as discussed in the section on
air fresheners and deodorizers. These attempts were largely
unsuccessful. However, Federal agencies procure foot care products for
use in medical care or similar types of facilities, or they procure the
services that use these products. Thus, they have a need for foot care
products and for services that require the use of foot care products.
Designation of foot care products will promote the use of biobased
products, furthering the objectives of this program.
Specific product information, including company contact, intended
[[Page 56894]]
use, biobased content, and performance characteristics have been
collected on 13 foot care products. An analysis of the environmental
and human health benefits and the life-cycle costs of biobased foot
care products was performed for one product using the BEES analytical
tool. The results of that analysis are presented in the TSD for the
Round 8 product categories, which can be found on the BioPreferred Web
site.
9. Furniture Cleaners and Protectors (Minimum Biobased Content 77
Percent)
Furniture cleaners and protectors are cleaning agents designed to
clean, protect, and increase the life of household furniture, not
including upholstery.
USDA identified 24 manufacturers and suppliers of 36 furniture
cleaner and protector products. These 24 manufacturers and suppliers do
not necessarily include all manufacturers of furniture cleaners and
protectors, merely those identified during USDA information gathering
activities. Information supplied by the manufacturers and suppliers
indicates that these products are being used commercially. However,
manufacturers and stakeholders contacted by USDA did not identify any
applicable performance standards, test methods, or other industry
measures of performance against which these products have been tested.
USDA points out that the lack of identified performance standards is
not relevant to the designation of a product category for Federal
preferred procurement because it is not one of the criteria section
9002 requires USDA to consider. If and when performance standards, test
methods, and other relevant measures of performance are identified for
this product category, USDA will provide such information on the
BioPreferred Web site.
USDA attempted to gather data on the potential market for furniture
cleaners and protectors within the Federal government using the
procedure described in the section on air fresheners and deodorizers.
These attempts were largely unsuccessful. However, Federal agencies
routinely engage in operations where furniture cleaners and protectors
are used. In addition, many Federal agencies contract for lodging and
housekeeping activities involving the use of such products. Thus, they
have a need for furniture cleaners and protectors and for services that
use furniture cleaners and protectors. Designation of furniture
cleaners and protectors will promote the use of biobased products,
furthering the objectives of this program.
Specific product information including company contact, intended
use, biobased content, and performance characteristics have been
collected on eight furniture cleaners and protectors. Analyses of the
environmental and human health benefits and the life-cycle costs of two
products were performed using the BEES analytical tool. The results of
those analyses are presented in the TSD for the Round 8 product
categories, which can be found on the BioPreferred Web site.
10. Inks (Minimum Biobased Content: 66 percent for Specialty Inks; 67
Percent for Inks (Sheetfed--Color); 49 Percent for Inks (Sheetfed--
Black); 34 Percent for Inks (Printer Toner--< 25 ppm); 20 Percent for
Inks (Printer Toner-->= 25 ppm); and 32 Percent for Inks (News)
Specialty inks are products used by printers to add extra
characteristics to their prints, for special effects or functions,
including CD printing, erasable, PDA compliant, invisible, magnetic,
OCR, RFID, scratch & sniff, thermochromic and tree-marking inks. Inks
(sheetfed--color) and inks (sheetfed--black) are inks used on coated
and uncoated paper, paperboard, some plastic and foil to print items
such as annual reports, brochures, and labels. Inks (printer toner--<
25 ppm) and (printer toner-->= 25 ppm) are a powdered chemical, used in
photocopying machines and laser printers, which is transferred onto
paper to form the printed image. These inks are usually stored in a
cartridge which is placed in the printer. Inks (news) are inks used
primarily to print newspapers.
USDA identified 11 manufacturers and suppliers of 31 different
biobased specialty inks; 17 manufacturers of 53 biobased inks
(sheetfed); 28 manufacturers and suppliers of 40 different biobased
inks (printer toner); and 8 manufacturers and suppliers of 24 different
biobased inks (news). These manufacturers and suppliers do not
necessarily include all manufacturers and suppliers of biobased inks,
merely those identified during USDA information gathering activities.
Information supplied by these manufacturers and suppliers indicates
that these products are being used commercially. However, manufacturers
and stakeholders contacted by USDA did not identify any applicable
performance standards, test methods, or other industry measures of
performance against which these products have been tested. USDA points
out that the lack of identified performance standards is not relevant
to the designation of a product category for Federal preferred
procurement because it is not one of the criteria section 9002 requires
USDA to consider. If and when performance standards, test methods, and
other relevant measures of performance are identified for this product
category, USDA will provide such information on the BioPreferred Web
site.
USDA attempted to gather data on the potential market for inks
within the Federal government as discussed in the section on air
fresheners and deodorizers. These attempts were largely unsuccessful.
However, many Federal agencies perform printing operations, or procure
services that perform printing operations, that use various types of
inks. Thus, they have a need for inks and for services that require the
use of inks. Designation of inks will promote the use of biobased
products, furthering the objectives of this program.
Specific product information, including company contact, intended
use, biobased content, and performance characteristics have been
collected on 67 inks. Analyses of the environmental and human health
benefits and the life-cycle costs of biobased inks were performed for
three inks using the BEES analytical tool. The results of those
analyses are presented in the TSD for the Round 8 product categories,
which can be found on the BioPreferred Web site.
11. Packaging and Insulating Materials (Minimum Biobased Content 82
Percent)
Packaging and insulating materials are pre-formed or molded
materials used to hold package contents in place during shipping or for
insulating and sound-proofing applications. Examples include; packaging
``peanuts,'' foam packaging that is molded into specific shapes to
surround electronic items, and material molded into sheets that are
used as sound-proofing insulation for home theaters.
USDA identified 16 manufacturers of 23 biobased packaging and
insulating material products. The 16 manufacturers do not necessarily
include all manufacturers of biobased packaging and insulating
materials, merely those identified during USDA information gathering
activities. Information supplied by these manufacturers indicates that
these products are being used commercially. In addition, manufacturers
and stakeholders identified 10 methods (as shown below) used in
evaluating products within this product category. While other test
methods and other measures of performance, as well as performance
standards, applicable to
[[Page 56895]]
products within this product category may exist, those test methods and
other measures of performance identified by manufacturers are:
Test Methods
ASTM International D6400--Standard Specification for
Compostable Plastics;
ASTM International D4169--Standard Practice for
Performance Testing of Shipping Containers and Systems;
Military Specification MIL-P-1120b Cushioning material.
Uncompressed bound fiber;
Military Specification MIL-P-1120c Cushioning material.
Uncompressed bound fiber (Metric measurements);
ASTM C1338--Standard Test Method for Determining Fungi
Resistance of Insulation Materials and Facings;
ASTM D4168--Standard Test Methods for Transmitted Shock
Characteristics of Foam-in-Place Cushioning Materials;
ASTM D4236--Standard Practice for Labeling Art Materials
for Chronic Health Hazards;
ASTM D5338--Standard Test Method for Determining Aerobic
Biodegradation of Plastic Materials Under Controlled Composting
Conditions;
ASTM D6868--Standard Specification for Biodegradable
Plastics used as Coatings on Paper and Other Compostable Substrates;
and
ASTM D963--Specification for Copper Phthalcoyanine Blue
Pigment.
USDA attempted to gather data on the potential market for packaging
and insulating materials within the Federal government, as discussed in
the section on air fresheners and deodorizers. These attempts were
largely unsuccessful. However, most Federal agencies routinely use, and
procure services that use packaging and insulating materials. Thus,
they have a need for packaging and insulating materials and for
services that require the use of these materials. Designation of
packaging and insulating materials will promote the use of biobased
products, furthering the objectives of this program.
Specific product information, including company contact, intended
use, biobased content, and performance characteristics have been
collected on 15 packaging and insulating materials. An analysis of the
environmental and human health benefits and the life-cycle costs of
biobased packaging and insulating materials was performed for two
products using the BEES analytical tool. The results of those analyses
are presented in the TSD for the Round 8 product categories, which can
be found on the BioPreferred Web site.
12. Pneumatic Equipment Lubricants (Minimum Biobased Content 67
Percent)
Lubricants designed specifically for pneumatic equipment including
air compressors, vacuum pumps, in-line lubricators, rock drills,
jackhammers, etc.
USDA identified 11 manufacturers and suppliers of 25 pneumatic
equipment lubricants. These 11 manufacturers and suppliers do not
necessarily include all manufacturers and suppliers of pneumatic
equipment lubricants, merely those identified during USDA information
gathering activities. Information supplied by these manufacturers and
suppliers indicates that these products are being used commercially. In
addition, manufacturers and stakeholders identified 20 test methods (as
shown below) used in evaluating products within this product category.
While other test methods and measures of performance, as well as
performance standards, applicable to products within this product
category may exist, the only test methods identified by manufacturers
are:
Test Methods
ASTM D130--Standard Test Method for Corrosiveness to
Copper from Petroleum Products by Copper Strip Test;
ASTM D2266--Standard Test Method for Wear Preventive
Characteristics of Lubricating Grease (Four-Ball Method);
ASTM D2270--Standard Practice for Calculating Viscosity
Index From Kinematic Viscosity at 40 and 100[deg]C;
ASTM D2272--Standard Test Method for Oxidation Stability
of Steam Turbine Oils by Rotating Pressure Vessel;
ASTM D2619--Standard Test Method for Hydrolytic Stability
of Hydraulic Fluids (Beverage Bottle Method);
ASTM D287--Standard Test Method for API Gravity of Crude
Petroleum and Petroleum Products (Hydrometer Method);
ASTM D2982--Standard Test Methods for Detecting Glycol-
Base Antifreeze in Used Lubricating Oils;
ASTM D2983--Standard Test Method for Low-Temperature
Viscosity of Lubricants Measured by Brookfield Viscometer;
ASTM D445--Standard Test Method for Kinematic Viscosity of
Transparent and Opaque Liquids (the Calculation of Dynamic Viscosity);
ASTM D5864--Standard Test Method for Determining Aerobic
Aquatic Biodegradation of Lubricants or Their Components;
ASTM D5985--Standard Test Method for Pour Point of
Petroleum Products (Rotational Method);
ASTM D6400--Standard Specification for Compostable
Plastics;
ASTM D665--Standard Test Method for Rust-Preventing
Characteristics of Inhibited Mineral Oil in the Presence of Water;
ASTM D892--Standard Test Method for Foaming
Characteristics of Lubricating Oils;
ASTM D92--Standard Test Method for Flash and Fire Points
by Cleveland Open Cup Tester;
ASTM D93--Standard Test Methods for Flash-Point by Pensky-
Martens Closed Cup Tester;
ASTM D97--Standard Test Method for Pour Point of Petroleum
Products;
ISO 32--Calibration in analytical chemistry and use of
certified reference materials;
ISO VG-46--Designates oil viscosity grade; and
SAE 30--J3000 Engine Oil Viscosity Classification.
USDA attempted to gather data on the potential market for pneumatic
equipment lubricants within the Federal government, as discussed in the
section on air fresheners and deodorizers. These attempts were largely
unsuccessful. However, many Federal agencies routinely procure
pneumatic equipment lubricants, or contract with services that procure
these products. Thus, they have a need for pneumatic equipment
lubricants and for services that require the use of pneumatic equipment
lubricants. Designation of pneumatic equipment lubricants will promote
the use of biobased products, furthering the objectives of this
program.
Specific product information, including company contact, intended
use, biobased content, and performance characteristics have been
collected on 12 pneumatic equipment lubricants. Analyses of the
environmental and human health benefits and the life-cycle costs of
biobased pneumatic equipment lubricants were performed for two products
using the BEES analytical tool. The results of those analyses are
presented in the TSD for the Round 8 product categories, which can be
found on the BioPreferred Web site.
13. Wood and Concrete Stains (Minimum Biobased Content 39 Percent)
A finish for concrete and wood surfaces that contains a dye or
pigment
[[Page 56896]]
to change the color without concealing the grain pattern or surface
texture.
USDA identified 15 manufacturers and suppliers of 48 wood and
concrete stains. These 15 manufacturers and suppliers do not
necessarily include all manufacturers and suppliers of wood and
concrete stains, merely those identified during USDA information
gathering activities. Information supplied by these manufacturers and
suppliers indicates that these products are being used commercially. In
addition, manufacturers and stakeholders identified two test methods
(as shown below) used in evaluating products within this product
category. While other test methods and measures of performance, as well
as performance standards, applicable to products within this product
category may exist, the test methods identified by manufacturers are:
Test Method
GREENGUARD Indoor Air Quality Certified[supreg] standard
for indoor air quality.
DIN EN 71-3 ``Safety of Toys'' certified as suitable for
use on toys.
USDA attempted to gather data on the potential market for wood and
concrete stains within the Federal government, as discussed in the
section on air fresheners and deodorizers. These attempts were largely
unsuccessful. However, many Federal agencies routinely procure wood and
concrete stains, or contract with services that procure these products.
Thus, they have a need for wood and concrete stains and for services
that require the use of wood and concrete stains. Designation of wood
and concrete stains will promote the use of biobased products,
furthering the objectives of this program.
Specific product information, including company contact, intended
use, biobased content, and performance characteristics have been
collected on three wood and concrete stains. An analysis of the
environmental and human health benefits and the life-cycle costs of
biobased wood and concrete stains was performed for one product using
the BEES analytical tool. The results of that analysis are presented in
the TSD for the Round 8 product categories, which can be found on the
BioPreferred Web site.
C. Minimum Biobased Contents
USDA has determined that setting a minimum biobased content for
designated product categories is appropriate. Establishing a minimum
biobased content will encourage competition among manufacturers to
develop products with higher biobased contents and will prevent
products with de minimis biobased content from being purchased as a
means of satisfying the requirements of section 9002. USDA believes
that it is in the best interest of the Federal preferred procurement
program for minimum biobased contents to be set at levels that will
realistically allow products to possess the necessary performance
attributes and allow them to compete with non-biobased products in
performance and economics. Setting the minimum biobased content for a
product category at a level met by several of the tested products will
provide more products from which procurement officials may choose, will
encourage the most widespread usage of biobased products by procuring
agencies, and is expected to accomplish the objectives of section 9002.
As discussed in Section IV.A of this preamble, USDA relied entirely
on manufacturers' voluntary submission of samples to support the
proposed designation of these product categories. The data presented in
the following paragraphs are the test results from all of the product
samples that were submitted for analysis.
As a result of public comments received on the first designated
product categories rulemaking proposal, USDA decided to account for the
slight imprecision in the analytical method used to determine biobased
content of products when establishing the minimum biobased content.
Thus, rather than establishing the minimum biobased content for a
product category at the tested biobased content of the product selected
as the basis for the minimum value, USDA is establishing the minimum
biobased content at a level three (3) percentage points less than the
tested value. USDA believes that this adjustment is appropriate to
account for the expected variations in analytical results.
USDA encourages procuring agencies to seek products with the
highest biobased content that is practicable in all of the proposed
designated product categories. To assist the procuring agencies in
determining which products have the highest biobased content, USDA will
update the information in the biobased products catalog to include the
biobased content of each product. Those products within each product
category that have the highest biobased content will be listed first
and others will be listed in descending order. USDA is specifically
requesting comments on the proposed minimum biobased contents and also
requests additional data that can be used to re-evaluate the
appropriateness of the proposed minimum biobased contents. As the
market for biobased products develops and USDA obtains additional
biobased content data, it will re-evaluate the established minimum
biobased contents of designated product categories and consider raising
them whenever justified.
The following paragraphs summarize the information that USDA used
to propose minimum biobased contents within each product category
proposed for designation.
1. Air Fresheners and Deodorizers
Five of the 77 biobased air fresheners and deodorizers have been
tested for biobased content using ASTM D6866.\3\ The biobased contents
of these five biobased air fresheners and deodorizers range from 14 to
100 percent, as follows: 14, 46, 100, 100, and 100. Because there is a
wide range of tested biobased contents, and because there is a
significant break between the values for the two products with the
lowest biobased contents and the values for the three products with the
highest biobased contents, USDA considered the need to subcategorize
this product category. USDA found that there was not sufficient
information on the performance or applicability of the products to
justify subcategorization. USDA also found that the two products with
the 14 and 46 percent biobased content did not claim to offer any
unique performance or applicability features not offered by the
products with 100 percent biobased content. Because we have data
showing that at least three different products are available with a
biobased content of 100 percent, we are proposing to set the minimum
biobased content for air fresheners and deodorizers at 97 percent.
---------------------------------------------------------------------------
\3\ ASTM D6866, ``Standard Test Methods for Determining the
Biobased Content of Solid, Liquid, and Gaseous Samples Using
Radiocarbon Analysis,'' is used to distinguish between carbon from
fossil resources (non-biobased carbon) and carbon from renewable
sources (biobased carbon). The biobased content is expressed as the
percentage of total carbon that is biobased carbon.
---------------------------------------------------------------------------
2. Asphalt and Tar Removers
Four of the 16 biobased asphalt and tar removers identified have
been tested for biobased content using ASTM D6866. The biobased
contents of these four biobased asphalt and tar removers range from 83
percent to 94 percent, as follows: 83, 91, 93, and 94 percent. Because
of the narrow range of these products, USDA is proposing to set the
minimum biobased content for asphalt and tar removers at 80 percent,
based on
[[Page 56897]]
the product with a tested biobased content of 83 percent.
3. Asphalt Restorers
Three of the seven biobased asphalt restorer products identified
have been tested for biobased content using ASTM D6866. The biobased
contents of these three biobased asphalt restorer products range from
71 percent to 88 percent, as follows: 71, 88, and 88 percent. Because
the biobased contents of these three products are relatively high and
they are within a narrow range, USDA is proposing to set the minimum
biobased content for asphalt restorers at 68 percent, based on the
product with a tested biobased content of 71 percent.
4. Blast Media
Five of the 13 identified biobased blast media identified have been
tested for biobased content using ASTM D6866. The biobased contents of
these five biobased blast media products are 97, 100, 100, 100, and 100
percent. Because the range of these values is very small and the
biobased contents of all of the products are very high, USDA is
proposing a minimum biobased content of 94 percent for blast media,
based on the product with a tested biobased content of 97 percent.
5. Candles and Wax Melts
Nine of the 708 biobased candles and wax melts identified have been
tested for biobased content using ASTM D6866. The biobased contents of
these nine biobased candles and wax melts range from 91 percent to 100
percent as follows: 91, 91, 91, 92, 95, 96, 97, 100, and 100 percent.
Because of the narrow range of these products, USDA is proposing to set
the minimum biobased content for candles and wax melts at 88 percent,
based on the three products with a tested biobased content of 91
percent.
6. Electronic Components Cleaners
Four of the eight biobased electronic components cleaners
identified have been tested for biobased content using ASTM D6866. The
biobased contents of these four biobased electronic components cleaners
range from 52 percent to 100 percent as follows: 52, 94, 98, and 100
percent. There is a significant break between the 52 percent biobased
product and the 94 percent product, and USDA found no performance
features claimed for the 54 percent product that justified setting the
minimum biobased content based on that product. Because the biobased
contents of the remaining three products are within a narrow range,
USDA is proposing to set the minimum biobased content for electronic
components cleaners at 91 percent, based on the product with a tested
biobased content of 94 percent.
USDA will continue to gather information on products within this
product category and, if sufficient supporting information becomes
available, will consider establishing subcategories based on
formulation, performance, or applicability.
7. Floor Coverings (Non-Carpet)
Five of the 343 biobased floor coverings (non-carpet) identified
have been tested for biobased content using ASTM D6866. The biobased
contents of these five biobased floor coverings range from 9 percent to
100 percent, as follows: 9, 94, 95, 100, and 100.
There is a significant break between the 9 percent biobased product
and the 94 percent product, and USDA found no performance features
claimed for the 9 percent product that justified setting the minimum
biobased content based on that product. Because the biobased contents
of the remaining four products are within a narrow range, USDA is
proposing to set the minimum biobased content for floor coverings (non-
carpet) at 91 percent, based on the product with a tested biobased
content of 94 percent.
USDA will continue to gather information on products within this
product category and, if sufficient supporting information becomes
available, will consider establishing subcategories based on
formulation, performance, or applicability.
8. Foot Care Products
Five of the 62 biobased foot care products identified have been
tested for biobased content using ASTM D6866. The biobased contents of
these five biobased foot care products range from 86 percent to 100
percent, as follows: 86, 95, 97, 97, and 100 percent. Because the
biobased contents of these five products are relatively high and they
are within a narrow range, USDA is proposing to set the minimum
biobased content for foot care products at 83 percent, based on the
product with a tested biobased content of 86 percent.
9. Furniture Cleaners and Protectors
Six of the 36 biobased furniture cleaners and protectors identified
have been tested for biobased content using ASTM D6866. The biobased
contents of these six biobased furniture cleaners and protectors range
from 9 percent to 100 percent, as follows: 9, 28, 80, 91, 98, and 100.
There are two significant breaks in the range of data, one between
the 9 and 28 percent biobased products and another between the 28 and
80 percent biobased products. Considering these breaks, the tested
products within the product category fall into three groups (9 percent,
28 percent, and 80 through 100 percent). USDA evaluated the available
product information to determine if there were sufficient differences
in formulation, performance, or applicability between these product
groups to justify subcategorization. However, USDA did not find
sufficient information to justify subcategories. USDA also did not find
any features of the 9 or 28 percent biobased content products that
would justify setting the minimum biobased content at a level that
would include these products. Therefore, USDA is proposing to set the
minimum biobased content for furniture cleaners and protectors at 77
percent, based on the product with the lowest biobased content of those
products in the group of products with the highest tested biobased
content.
USDA will continue to gather information on products within this
product category and, if sufficient supporting information becomes
available, will consider establishing subcategories based on
formulation, performance, or applicability.
10. Inks
Nineteen of the 148 biobased inks identified have been tested for
biobased content using ASTM D6866. As noted earlier in this preamble,
USDA is proposing to subcategorize this product category into six
subcategories: ``specialty inks,'' ``inks (sheetfed--color),'' ``inks
(sheetfed--black),'' ``inks (printer toner--< 25 ppm),'' ``inks
(printer toner-->= 25 ppm),'' and ``inks (news).'' The following
paragraphs discuss the minimum biobased content for the six
subcategories.
Specialty inks. Six of the 31 biobased specialty inks identified
have been tested for biobased content using ASTM D6866. The biobased
contents of these six biobased specialty inks range from 69 to 85
percent, as follows: 69, 69, 71, 75, 78, and 85 percent. Because the
biobased contents of the six tested products are within a narrow range,
and there is no performance information to distinguish any one product
from the others, USDA is proposing to set the minimum biobased content
for this subcategory at 66 percent, based on the two products with a
tested biobased content of 69 percent.
Inks (sheetfed--color). Four of the 53 biobased sheetfed inks
tested for biobased content using ASTM D6866 have been identified as
being color inks. The biobased contents of these four biobased inks
range from 70 to 79
[[Page 56898]]
percent, as follows: 70, 71, 73, and 79 percent. Because this is a
narrow range and even the lowest biobased content is a fairly high
value, USDA is proposing to set the minimum biobased content for this
subcategory at 67 percent, based on the product with the tested
biobased content of 70 percent.
Inks (sheetfed--black). Five of the 53 biobased sheetfed inks
tested for biobased content using ASTM D6866 have been identified as
black inks. The biobased contents of these five biobased inks range
from 52 to 75 percent, as follows: 52, 56, 60, 71, and 75 percent.
Because three of the five products tested have a biobased content
between 52 and 60 percent, USDA is proposing to set the minimum
biobased content for this subcategory at 49 percent, based on the
product with the tested biobased content of 52 percent.
Inks (printer toner--<25 ppm). Two of the 40 biobased inks (printer
toner--<25 ppm) identified have been tested for biobased content using
ASTM D6866. The biobased content of both of these biobased inks is 37
percent. Because the biobased content of these two products is the
same, USDA is proposing to set the minimum biobased content for this
subcategory at 34 percent based on these two tested products.
Inks (printer toner--= 25 ppm). One biobased ink
(printer toner-->=25 ppm) has been tested for biobased content using
ASTM D6866. The biobased content of this biobased ink is 23 percent.
USDA believes that the one tested product is representative of biobased
inks used in this subcategory and is proposing to set the minimum
biobased content for this subcategory at 20 percent based on this one
tested product.
Inks (news). One of the 24 biobased inks (news) identified has been
tested for biobased content using ASTM D6866. The biobased content of
the one biobased ink is 35 percent. USDA believes that the one tested
product is representative of biobased inks used in this subcategory and
is proposing to set the minimum biobased content for this subcategory
at 32 percent based on this one tested product.
11. Packaging and Insulating Materials
Three of the 23 biobased packaging and insulating materials
identified have been tested for biobased content using ASTM D6866. The
biobased contents of these three biobased packaging and insulating
materials are 85, 91, and 100 percent. Because the biobased contents of
the three tested products are within a narrow range and all three
values are high, USDA is proposing to set the minimum biobased content
for packaging and insulating materials at 82 percent, based on the
product with a tested biobased content of 85 percent.
12. Pneumatic Equipment Lubricants
Five of the 25 biobased pneumatic equipment lubricants identified
have been tested for biobased content using ASTM D6866. The biobased
contents of these five biobased pneumatic equipment lubricants range
from 70 to 100 percent, as follows: 70, 79, 94, 96, and 100 percent.
Because the biobased contents of the five tested products are within a
fairly narrow range, all of the contents are relatively high, and there
is no performance information to distinguish any one product from the
others, USDA is proposing to set the minimum biobased content for
pneumatic equipment lubricants at 67 percent, based on the product with
a tested biobased content of 70 percent.
13. Wood and Concrete Stains
Four of the 48 biobased wood and concrete stains identified have
been tested for biobased content using ASTM D6866. The biobased
contents of these four biobased wood and concrete stains range from 42
percent to 88 percent, as follows: 42, 57, 87, and 88.
There are two significant breaks in the range of data, one between
the 42 and 57 percent biobased products and another between the 57 and
87 percent biobased products. USDA evaluated the available product
information to determine if there were sufficient differences in
formulation, performance, or applicability between these products to
justify subcategorization. USDA did not find sufficient information to
support creating subcategories at this time. However, USDA did find
that the 42 percent biobased content product has been certified as
complying with the German Institute for Standardization's DIN EN 71-3
``Safety of Toys.'' USDA believes that the ability of biobased wood
stains to meet this standard, and to be used on toys and other products
intended for human contact, is significant and justifies setting the
minimum biobased content for this product category at a level that
would include this product. Therefore, USDA is proposing to set the
minimum biobased content for wood and concrete stains at 39 percent,
based on the product with the tested biobased content of 42 percent.
USDA requests that stakeholders provide additional data and
recommendations on the creation of subcategories for this product
category. USDA will continue to gather and evaluate information on
products within this product category and, if sufficient supporting
information becomes available, will consider establishing subcategories
based on formulation, performance, or applicability.
D. Compliance Date for Procurement Preference and Incorporation Into
Specifications
USDA intends for the final rule to take effect thirty (30) days
after publication of the final rule. However, as proposed, procuring
agencies would have a one-year transition period, starting from the
date of publication of the final rule, before the procurement
preference for biobased products within a designated product category
would take effect.
USDA is proposing a one-year period before the procurement
preferences would take effect, because it recognizes that Federal
agencies will need time to incorporate the preferences into procurement
documents and to revise existing standardized specifications. Both
section 9002(a)(3) and 7 CFR 3201(c) explicitly acknowledge the need
for Federal agencies to have sufficient time to revise the affected
specifications to give preference to biobased products when purchasing
the designated product categories. Procuring agencies will need time to
evaluate the economic and technological feasibility of the available
biobased products for their agency-specific uses and for compliance
with agency-specific requirements, including manufacturers' warranties
for machinery in which the biobased products would be used.
By the time these product categories are promulgated for
designation, Federal agencies will have had a minimum of 18 months
(from the date of this Federal Register notice), and much longer
considering when the Guidelines were first proposed and these
requirements were first laid out, to implement these requirements.
For these reasons, USDA proposes that the mandatory preference for
biobased products under the designated product categories take effect
one year after promulgation of the final rule. The one-year period
provides these agencies with ample time to evaluate the economic and
technological feasibility of biobased products for a specific use and
to revise the specifications accordingly. However, some agencies may be
able to complete these processes more expeditiously, and not all uses
will require extensive analysis or revision of existing specifications.
Although it is allowing up to one year, USDA encourages procuring
agencies to implement the procurement preferences as early as
practicable for procurement
[[Page 56899]]
actions involving any of the designated product categories.
V. Where can agencies get more information on these USDA-designated
product categories?
Information used to develop this proposed rule can be found in the
TSD, which can be accessed on the BioPreferred Web site, which is
located at: http://www.biopreferred.gov. At the BioPreferred Web site,
click on the ``Federal Procurement Preference'' link on the right side
of the page and then on the ``Rules and Regulations'' link. At the next
screen, click on the Supporting Documentation link under Round 8
Designation Product Categories under the Proposed Regulations section.
Further, once the product category designations in today's proposal
become final, manufacturers and vendors voluntarily may make available
information on specific products, including product and contact
information, for posting by the Agency on the BioPreferred Web site.
USDA has begun performing periodic audits of the information displayed
on the BioPreferred Web site and, where questions arise, is contacting
the manufacturer or vendor to verify, correct, or remove incorrect or
out-of-date information. Procuring agencies should contact the
manufacturers and vendors directly to discuss specific needs and to
obtain detailed information on the availability and prices of biobased
products meeting those needs.
By accessing the BioPreferred Web site, agencies will also be able
to search the BioPreferred Catalog and to obtain the voluntarily-posted
information on each product concerning: Relative price; life-cycle
costs; hot links directly to a manufacturer's or vendor's Web site (if
available); performance standards (industry, government, military,
ASTM/ISO) that the product has been tested against; and environmental
and public health information from the BEES analysis or the alternative
analysis embedded in the ASTM Standard D7075, ``Standard Practice for
Evaluating and Reporting Environmental Performance of Biobased
Products.''
VI. Regulatory information
A. Executive Order 12866: Regulatory Planning and Review
Executive Order 12866 requires agencies to determine whether a
regulatory action is ``significant.'' The Order defines a ``significant
regulatory action'' as one that is likely to result in a rule that may:
``(1) Have an annual effect on the economy of $100 million or more or
adversely affect, in a material way, the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities; (2) Create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) Materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
Raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in this Executive
Order.''
Today's proposed rule has been determined by the Office of
Management and Budget to be not significant for purposes of Executive
Order 12866. We are not able to quantify the annual economic effect
associated with today's proposed rule. As discussed earlier in this
preamble, USDA made extensive efforts to obtain information on the
Federal agencies' usage within the 13 designated product categories.
These efforts were largely unsuccessful. Therefore, attempts to
determine the economic impacts of today's proposed rule would require
estimation of the anticipated market penetration of biobased products
based upon many assumptions. In addition, because agencies have the
option of not purchasing products within designated product categories
if price is ``unreasonable,'' the product is not readily available, or
the product does not demonstrate necessary performance characteristics,
certain assumptions may not be valid. While facing these quantitative
challenges, USDA relied upon a qualitative assessment to determine the
impacts of today's proposed rule. Consideration was also given to the
fact that agencies may choose not to procure products within designated
product categories due to unreasonable price.
1. Summary of Impacts
Today's proposed rule is expected to have both positive and
negative impacts to individual businesses, including small businesses.
USDA anticipates that the biobased Federal preferred procurement
program will provide additional opportunities for businesses and
manufacturers to begin supplying products under the proposed designated
biobased product categories to Federal agencies and their contractors.
However, other businesses and manufacturers that supply only non-
qualifying products and do not offer biobased alternatives may
experience a decrease in demand from Federal agencies and their
contractors. USDA is unable to determine the number of businesses,
including small businesses, that may be adversely affected by today's
proposed rule. The proposed rule, however, will not affect existing
purchase orders, nor will it preclude businesses from modifying their
product lines to meet new requirements for designated biobased
products. Because the extent to which procuring agencies will find the
performance, availability and/or price of biobased products acceptable
is unknown, it is impossible to quantify the actual economic effect of
the rule.
2. Benefits of the Proposed Rule
The designation of these product categories provides the benefits
outlined in the objectives of section 9002; to increase domestic demand
for many agricultural commodities that can serve as feedstocks for
production of biobased products, and to spur development of the
industrial base through value-added agricultural processing and
manufacturing in rural communities. On a national and regional level,
today's proposed rule can result in expanding and strengthening markets
for biobased materials used in these product categories.
3. Costs of the Proposed Rule
Like the benefits, the costs of today's proposed rule have not been
quantified. Two types of costs are involved: Costs to producers of
products that will compete with the preferred products and costs to
Federal agencies to provide procurement preference for the preferred
products. Producers of competing products may face a decrease in demand
for their products to the extent Federal agencies refrain from
purchasing their products. However, it is not known to what extent this
may occur. Pre-award procurement costs for Federal agencies may rise
minimally as the contracting officials conduct market research to
evaluate the performance, availability and price reasonableness of
preferred products before making a purchase.
B. Regulatory Flexibility Act (RFA)
The RFA, 5 U.S.C. 601-602, generally requires an agency to prepare
a regulatory flexibility analysis of any rule subject to notice and
comment rulemaking requirements under the Administrative Procedure Act
or any other statute unless the agency certifies that the rule will not
have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small
[[Page 56900]]
organizations, and small governmental jurisdictions.
USDA evaluated the potential impacts of its proposed designation of
these product categories to determine whether its actions would have a
significant impact on a substantial number of small entities. Because
the Federal preferred procurement program established under section
9002 applies only to Federal agencies and their contractors, small
governmental (city, county, etc.) agencies are not affected. Thus, the
proposal, if promulgated, will not have a significant economic impact
on small governmental jurisdictions.
USDA anticipates that this program will affect entities, both large
and small, that manufacture or sell biobased products. For example, the
designation of product categories for Federal preferred procurement
will provide additional opportunities for businesses to manufacture and
sell biobased products to Federal agencies and their contractors.
Similar opportunities will be provided for entities that supply
biobased materials to manufacturers.
The intent of section 9002 is largely to stimulate the production
of new biobased products and to energize emerging markets for those
products. Because the program is still in its infancy, however, it is
unknown how many businesses will ultimately be affected. While USDA has
no data on the number of small businesses that may choose to develop
and market biobased products within the product categories designated
by this rulemaking, the number is expected to be small. Because
biobased products represent a small emerging market, only a small
percentage of all manufacturers, large or small, are expected to
develop and market biobased products. Thus, the number of small
businesses manufacturing biobased products affected by this rulemaking
is not expected to be substantial.
The Federal preferred procurement program may decrease
opportunities for businesses that manufacture or sell non-biobased
products or provide components for the manufacturing of such products.
Most manufacturers of non-biobased products within the product
categories being proposed for designation for Federal preferred
procurement in this rule are expected to be included under the
following NAICS codes: 321918 (other millwork, including flooring),
324191 (petroleum lubricating oil and grease manufacturing), 325411
(medicinal and botanical manufacturing), 325510 (paint and coating
manufacturing), 325612 (polish and other sanitation goods
manufacturing), 325620 (toilet preparation manufacturing), 325910
(printing ink manufacturing), 325998 (other miscellaneous chemical
products and preparation manufacturing), 326150 (urethane and other
foam product manufacturing), and 313113 (thread mill products). USDA
obtained information on these 10 NAICS categories from the U.S. Census
Bureau's Economic Census database. USDA found that the Economic Census
reports about 6,963 companies within these 10 NAICS categories and that
these companies own a total of about 8,139 establishments. Thus, the
average number of establishments per company is about 1.2. The Census
data also reported that of the 8,139 individual establishments, about
8,096 (99.5 percent) have fewer than 500 employees. USDA also found
that the overall average number of employees per company among these
industries is about 42, with none of the segments reporting an average
of more than 100 employees per company. Thus, nearly all of the
businesses fall within the Small Business Administration's definition
of a small business (fewer than 500 employees, in most NAICS
categories).
USDA does not have data on the potential adverse impacts on
manufacturers of non-biobased products within the product categories
being designated, but believes that the impact will not be significant.
Most of the product categories being proposed for designation in this
rulemaking are typical consumer products widely used by the general
public and by industrial/commercial establishments that are not subject
to this rulemaking. Thus, USDA believes that the number of small
businesses manufacturing non-biobased products within the product
categories being designated and selling significant quantities of those
products to government agencies affected by this rulemaking to be
relatively low. Also, this proposed rule will not affect existing
purchase orders and it will not preclude procuring agencies from
continuing to purchase non-biobased products when biobased products do
not meet the availability, performance, or reasonable price criteria.
This proposed rule will also not preclude businesses from modifying
their product lines to meet new specifications or solicitation
requirements for those products containing biobased materials.
After considering the economic impacts of this proposed rule on
small entities, USDA certifies that this action will not have a
significant economic impact on a substantial number of small entities.
While not a factor relevant to determining whether the proposed
rule will have a significant impact for RFA purposes, USDA has
concluded that the effect of the rule will be to provide positive
opportunities to businesses engaged in the manufacture of these
biobased products. Purchase and use of these biobased products by
procuring agencies increase demand for these products and result in
private sector development of new technologies, creating business and
employment opportunities that enhance local, regional, and national
economies.
C. Executive Order 12630: Governmental Actions and Interference With
Constitutionally Protected Property Rights
This proposed 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.
D. Executive Order 13132: Federalism
This proposed rule does not have sufficient federalism implications
to warrant the preparation of a Federalism Assessment. Provisions of
this proposed 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 proposed 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 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 proposed rule does not significantly or uniquely affect
``one or more Indian tribes, * * * the
[[Page 56901]]
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 this proposed rule
is currently approved under OMB control number 0503-0011.
I. E-Government Act
USDA is committed to compliance with the E-Government Act, which
requires Government agencies, in general, to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. USDA is implementing an electronic
information system for posting information voluntarily submitted by
manufacturers or vendors on the products they intend to offer for
Federal preferred procurement under each designated item. For
information pertinent to E-Government Act compliance related to this
rule, please contact Ron Buckhalt at (202) 205-4008.
List of Subjects in 7 CFR Part 3201
Biobased products, Procurement.
For the reasons stated in the preamble, the Department of
Agriculture proposes to amend 7 CFR chapter XXXII as follows:
Chapter XXXII--Office of Procurement and Property Management
PART 3201--GUIDELINES FOR DESIGNATING BIOBASED PRODUCTS FOR FEDERAL
PROCUREMENT
1. The authority citation for part 3201 continues to read as
follows:
Authority: 7 U.S.C. 8102.
2. Add Sec. Sec. 3201.75 through 3201.87 to subpart B to read as
follows:
Sec.
3201.75 Air fresheners and deodorizers.
3201.76 Asphalt and tar removers.
3201.77 Asphalt restorers.
3201.78 Blast media.
3201.79 Candles and wax melts.
3201.80 Electronic components cleaners.
3201.81 Floor coverings (non-carpet).
3201.82 Foot care products.
3201.83 Furniture cleaners and protectors.
3201.84 Inks.
3201.85 Packaging and insulating materials.
3201.86 Pneumatic equipment lubricants.
3201.87 Wood and concrete stains.
Sec. 3201.75 Air fresheners and deodorizers.
(a) Definition. Products used to alleviate the experience of
unpleasant odors by chemical neutralization, absorption,
anesthetization, or masking.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 97 percent,
which shall be based on the amount of qualifying biobased carbon in the
product as a percent of the weight (mass) of the total organic carbon
in the finished product.
(c) Preference compliance date. No later than [date one year after
the date of publication of the final rule], procuring agencies, in
accordance with this part, will give a procurement preference for
qualifying biobased air fresheners and deodorizers. By that date,
Federal agencies that have the responsibility for drafting or reviewing
specifications for products to be procured shall ensure that the
relevant specifications require the use of biobased air fresheners and
deodorizers.
Sec. 3201.76 Asphalt and tar removers.
(a) Definition. Cleaning agents designed to remove asphalt or tar
from equipment, roads, or other surfaces.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 80 percent,
which shall be based on the amount of qualifying biobased carbon in the
product as a percent of the weight (mass) of the total organic carbon
in the finished product.
(c) Preference compliance date. No later than [date one year after
the date of publication of the final rule], procuring agencies, in
accordance with this part, will give a procurement preference for
qualifying biobased asphalt and tar removers. By that date, Federal
agencies that have the responsibility for drafting or reviewing
specifications for products to be procured shall ensure that the
relevant specifications require the use of biobased asphalt and tar
removers.
Sec. 3201.77 Asphalt restorers.
(a) Definition. Products designed to seal, protect, or restore
poured asphalt and concrete surfaces.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 68 percent,
which shall be based on the amount of qualifying biobased carbon in the
product as a percent of the weight (mass) of the total organic carbon
in the finished product.
(c) Preference compliance date. No later than [date one year after
the date of publication of the final rule], procuring agencies, in
accordance with this part, will give a procurement preference for
qualifying biobased asphalt restorers. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications
for products to be procured shall ensure that the relevant
specifications require the use of biobased asphalt restorers.
Sec. 3201.78 Blast media.
(a) Definition. Abrasive particles sprayed forcefully to clean,
remove contaminants, or condition surfaces, often preceding coating.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 94 percent,
which shall be based on the amount of qualifying biobased carbon in the
product as a percent of the weight (mass) of the total organic carbon
in the finished product.
(c) Preference compliance date. No later than [date one year after
the date of publication of the final rule], procuring agencies, in
accordance with this part, will give a procurement preference for
qualifying biobased blast media. By that date, Federal agencies that
have the responsibility for drafting or reviewing specifications for
products to be procured shall ensure that the relevant specifications
require the use of biobased blast media.
(d) Determining overlap with an EPA-designated recovered content
product. Qualifying products within this item may overlap with the EPA-
designated recovered content product: Miscellaneous products--blasting
grit. USDA is requesting that manufacturers of these qualifying
biobased products provide information on the USDA Web site of
qualifying biobased products about the intended uses of the product,
information on whether or not the product contains any recovered
material, in addition to biobased ingredients, and performance
standards against which the product has been tested. This information
will assist Federal agencies in determining whether or not a qualifying
biobased product overlaps with EPA-designated blasting grit products
and which product should be afforded the preference in purchasing.
Note to paragraph (d): Biobased blast media within this
designated product category can compete with similar blasting grit
products with recycled content. Under the Resource Conservation and
Recovery Act of 1976, section 6002, the U.S. Environmental
Protection Agency designated blasting grit products containing
recovered materials as products for which Federal agencies must give
preference in their purchasing programs. The designation can be
found in the Comprehensive Procurement Guideline, 40 CFR 247.17.
[[Page 56902]]
Sec. 3201.79 Candles and wax melts.
(a) Definition. Products composed of a solid mass and either an
embedded wick that is burned to provide light or aroma, or that are
wickless and melt when heated to produce an aroma.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 88 percent,
which shall be based on the amount of qualifying biobased carbon in the
product as a percent of the weight (mass) of the total organic carbon
in the finished product.
(c) Preference compliance date. No later than [date one year after
the date of publication of the final rule], procuring agencies, in
accordance with this part, will give a procurement preference for
qualifying biobased candles and wax melts. By that date, Federal
agencies that have the responsibility for drafting or reviewing
specifications for products to be procured shall ensure that the
relevant specifications require the use of biobased candles and wax
melts.
Sec. 3201.80 Electronic components cleaners.
(a) Definition. Products that are designed to wash or remove dirt
or extraneous matter from electronic parts, devices, circuits, or
systems.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 91 percent,
which shall be based on the amount of qualifying biobased carbon in the
product as a percent of the weight (mass) of the total organic carbon
in the finished product.
(c) Preference compliance date. No later than [date one year after
the date of publication of the final rule], procuring agencies, in
accordance with this part, will give a procurement preference for
qualifying biobased electronic components cleaners. By that date,
Federal agencies that have the responsibility for drafting or reviewing
specifications for products to be procured shall ensure that the
relevant specifications require the use of biobased electronic
components cleaners.
Sec. 3201.81 Floor coverings (non-carpet).
(a) Definition. Products, other than carpet products, that are
designed for use as the top layer on a floor. Examples are bamboo,
hardwood, and cork tiles.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 91 percent,
which shall be based on the amount of qualifying biobased carbon in the
product as a percent of the weight (mass) of the total organic carbon
in the finished product.
(c) Preference compliance date. No later than [date one year after
the date of publication of the final rule], procuring agencies, in
accordance with this part, will give a procurement preference for
qualifying biobased floor coverings (non-carpet). By that date, Federal
agencies that have the responsibility for drafting or reviewing
specifications for products to be procured shall ensure that the
relevant specifications require the use of biobased floor coverings
(non-carpet).
(d) Determining overlap with an EPA-designated recovered content
product. Qualifying products within this item may overlap with the EPA-
designated recovered content product: Construction Products--floor
tiles. USDA is requesting that manufacturers of these qualifying
biobased products provide information on the USDA Web site of
qualifying biobased products about the intended uses of the product,
information on whether or not the product contains any recovered
material, in addition to biobased ingredients, and performance
standards against which the product has been tested. This information
will assist Federal agencies in determining whether or not a qualifying
biobased product overlaps with EPA-designated floor tile products and
which product should be afforded the preference in purchasing.
Note to paragraph (d): Biobased floor coverings within this
designated product category can compete with similar floor tile
products with recycled content. Under the Resource Conservation and
Recovery Act of 1976, section 6002, the U.S. Environmental
Protection Agency designated floor tile products containing
recovered materials as products for which Federal agencies must give
preference in their purchasing programs. The designation can be
found in the Comprehensive Procurement Guideline, 40 CFR 247.17.
Sec. 3201.82 Foot care products.
(a) Definition. Products formulated to be used in the soothing or
cleaning of feet.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 83 percent,
which shall be based on the amount of qualifying biobased carbon in the
product as a percent of the weight (mass) of the total organic carbon
in the finished product.
(c) Preference compliance date. No later than [date one year after
the date of publication of the final rule], procuring agencies, in
accordance with this part, will give a procurement preference for
qualifying biobased foot care products. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications
for products to be procured shall ensure that the relevant
specifications require the use of biobased foot care products.
Sec. 3201.83 Furniture cleaners and protectors.
(a) Definition. Products designed to clean and provide protection
to the surfaces of household furniture other than the upholstery.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 77 percent,
which shall be based on the amount of qualifying biobased carbon in the
product as a percent of the weight (mass) of the total organic carbon
in the finished product.
(c) Preference compliance date. No later than [date one year after
the date of publication of the final rule], procuring agencies, in
accordance with this part, will give a procurement preference for
qualifying biobased furniture cleaners and protectors. By that date,
Federal agencies that have the responsibility for drafting or reviewing
specifications for products to be procured shall ensure that the
relevant specifications require the use of biobased furniture cleaners
and protectors.
Sec. 3201.84 Inks.
(a) Definitions. (1) Inks are liquid or powdered materials that are
available in several colors and that are used to create the visual
image on a substrate when writing, printing, and copying.
(2) Inks for which Federal preferred procurement applies are:
(i) Specialty inks. Inks used by printers to add extra
characteristics to their prints for special effects or functions.
Specialty inks include, but are not limited to: CD printing, erasable,
FDA compliant, invisible, magnetic, scratch and sniff, thermochromic,
and tree marking inks.
(ii) Inks (sheetfed--color). Pigmented inks (other than black inks)
used on coated and uncoated paper, paperboard, some plastic, and foil
to print in color on annual reports, brochures, labels, and similar
materials.
(iii) Inks (sheetfed--black). Black inks used on coated and
uncoated paper, paperboard, some plastic, and foil to print in black on
annual reports, brochures, labels, and similar materials.
(iv) Inks (printer toner--< 25 pages per minute (ppm)). Inks that
are a powdered chemical, used in photocopying machines and laser
printers, which is transferred onto paper
[[Page 56903]]
to form the printed image. These inks are formulated to be used in
printers with standard fusing mechanisms and print speeds of less than
25 ppm.
(v) Inks (printer toner--= 25 ppm). Inks that are a
powdered chemical, used in photocopying machines and laser printers,
which is transferred onto paper to form the printed image. These inks
are formulated to be used in printers with advanced fusing mechanisms
and print speeds of 25 ppm or greater.
(vi) Inks (news). Inks used primarily to print newspapers.
(b) Minimum biobased content. The minimum biobased content for all
inks shall be based on the amount of qualifying biobased carbon in the
product as a percent of the weight (mass) of the total organic carbon
in the finished product. The applicable minimum biobased contents for
the Federal preferred procurement products are:
(1) Specialty inks--66 percent.
(2) Inks (sheetfed--color)--67 percent.
(3) Inks (sheetfed--black)--49 percent.
(4) Inks (printer toner--< 25 ppm)--34 percent.
(5) Inks (printer toner--= 25 ppm)--20 percent.
(6) Inks (news)--32 percent.
(c) Preference compliance date. No later than [date one year after
the date of publication of the final rule], procuring agencies, in
accordance with this part, will give a procurement preference for
qualifying biobased inks. By that date, Federal agencies that have the
responsibility for drafting or reviewing specifications for products to
be procured shall ensure that the relevant specifications require the
use of biobased inks.
Sec. 3201.85 Packaging and insulating materials.
(a) Definition. Pre-formed and molded materials that are used to
hold package contents in place during shipping or for insulating and
sound proofing applications.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 82 percent,
which shall be based on the amount of qualifying biobased carbon in the
product as a percent of the weight (mass) of the total organic carbon
in the finished product.
(c) Preference compliance date. No later than [date one year after
the date of publication of the final rule], procuring agencies, in
accordance with this part, will give a procurement preference for
qualifying biobased packaging and insulating materials. By that date,
Federal agencies that have the responsibility for drafting or reviewing
specifications for products to be procured shall ensure that the
relevant specifications require the use of biobased packaging and
insulating materials.
Sec. 3201.86 Pneumatic equipment lubricants.
(a) Definition. Lubricants designed specifically for pneumatic
equipment, including air compressors, vacuum pumps, in-line
lubricators, rock drills, jackhammers, etc.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 67 percent,
which shall be based on the amount of qualifying biobased carbon in the
product as a percent of the weight (mass) of the total organic carbon
in the finished product.
(c) Preference compliance date. No later than [date one year after
the date of publication of the final rule], procuring agencies, in
accordance with this part, will give a procurement preference for
qualifying biobased pneumatic equipment lubricants. By that date,
Federal agencies that have the responsibility for drafting or reviewing
specifications for products to be procured shall ensure that the
relevant specifications require the use of biobased pneumatic equipment
lubricants.
(d) Determining overlap with an EPA-designated recovered content
product. Qualifying products within this item may overlap with the EPA-
designated recovered content product: Vehicular Products--re-refined
lubricating oils. USDA is requesting that manufacturers of these
qualifying biobased products provide information on the USDA Web site
of qualifying biobased products about the intended uses of the product,
information on whether or not the product contains any recovered
material, in addition to biobased ingredients, and performance
standards against which the product has been tested. This information
will assist Federal agencies in determining whether or not a qualifying
biobased product overlaps with EPA-designated re-refined lubricating
oil products and which product should be afforded the preference in
purchasing.
Note to paragraph (d): Biobased pneumatic equipment lubricants
within this designated product category can compete with similar re-
refined lubricating oil products with recycled content. Under the
Resource Conservation and Recovery Act of 1976, section 6002, the
U.S. Environmental Protection Agency designated re-refined
lubricating oil products containing recovered materials as products
for which Federal agencies must give preference in their purchasing
programs. The designation can be found in the Comprehensive
Procurement Guideline, 40 CFR 247.17.
Sec. 3201.87 Wood and concrete stains.
(a) Definition. Products that are designed to be applied as a
finish for concrete and wood surfaces and that contain dyes or pigments
to change the color without concealing the grain pattern or surface
texture.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 39 percent,
which shall be based on the amount of qualifying biobased carbon in the
product as a percent of the weight (mass) of the total organic carbon
in the finished product.
(c) Preference compliance date. No later than [date one year after
the date of publication of the final rule], procuring agencies, in
accordance with this part, will give a procurement preference for
qualifying biobased wood and concrete stains. By that date, Federal
agencies that have the responsibility for drafting or reviewing
specifications for products to be procured shall ensure that the
relevant specifications require the use of biobased wood and concrete
stains.
Dated: September 2, 2011.
Pearlie S. Reed,
Assistant Secretary for Administration, U.S. Department of Agriculture.
[FR Doc. 2011-23067 Filed 9-13-11; 8:45 am]
BILLING CODE 3410-93-P