[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Rules and Regulations]
[Pages 31841-31850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14594]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Rules
and Regulations
[[Page 31841]]
DEPARTMENT OF AGRICULTURE
Office of Procurement and Property Management
7 CFR Part 3201
RIN 0599-AA27
Designation of Product Categories for Federal Procurement
AGENCY: Office of Procurement and Property Management, USDA.
ACTION: Final rule.
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SUMMARY: The U.S. Department of Agriculture (USDA) is amending the
Guidelines for Designating Biobased Products for Federal Procurement to
add 12 sections that designate product categories within which biobased
products will be afforded Federal procurement preference by Federal
agencies and their contractors.
DATES: This rule is effective August 9, 2018.
FOR FURTHER INFORMATION CONTACT: Karen Zhang, USDA, Office of
Procurement and Property Management, 1400 Independence Ave. SW,
Washington, DC 20250; email: [email protected]; phone
(202) 401-4747. Information regarding the Federal 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. Discussion of Public Comments
IV. Summary of Changes
V. Regulatory Information
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Regulatory Flexibility Act (RFA)
C. Executive Order 12630: Governmental Actions and Interference
With Constitutionally Protected Property Rights
D. Executive Order 12988: Civil Justice Reform
E. Executive Order 13132: Federalism
F. Unfunded Mandates Reform Act of 1995
G. Executive Order 12372: Intergovernmental Review of Federal
Programs
H. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
I. Paperwork Reduction Act
J. E-Government Act
K. Congressional Review Act
I. Authority
These product categories are designated under the authority of
section 9002 of the Farm Security and Rural Investment Act of 2002 (the
2002 Farm Bill), as amended by the Food, Conservation, and Energy Act
of 2008 (the 2008 Farm Bill), and further amended by the Agricultural
Act of 2014 (the 2014 Farm Bill), 7 U.S.C. 8102. (Section 9002 of the
2002 Farm Bill, as amended by the 2008 and the 2014 Farm Bills, is
referred to in this document as ``section 9002''.)
II. Background
As part of the BioPreferred Program, USDA published, on January 13,
2017, a proposed rule in the Federal Register (FR) for the purpose of
designating a total of 12 product categories for the preferred
procurement of biobased products by Federal agencies (referred to
hereafter in this FR notice as the ``preferred procurement program'').
This proposed rule can be found at 82 FR 4206. This rulemaking is
referred to in this preamble as Round 11 (RIN 0599-AA24).
The term ``product category'' is used as a generic term in the
designation process to mean a grouping of specific products that
perform a similar function. As originally finalized, the Guidelines
included provisions for the designation of product categories that were
composed of finished, consumer products such as mobile equipment
hydraulic fluids, penetrating lubricants, or hand cleaners and
sanitizers.
The 2008 and 2014 Farm Bills directed USDA to expand the scope of
the Guidelines to include the designation of product categories
composed of intermediate ingredients and feedstock materials.
Specifically, the 2008 Farm Bill stated that USDA shall ``designate
those intermediate ingredients and feedstocks that are or can be used
to produce items that will be subject'' to the Federal preferred
procurement program. The term ``intermediate ingredient and feedstock''
is defined in the Farm Bill as ``a material or compound made in whole
or in significant part from biological products, including renewable
agricultural materials (including plant, animal, and marine materials)
or forestry materials, that are subsequently used to make a more
complex compound or product.'' The term ``intermediates'' is used in
the titles of the product categories being designated today to
distinguish these categories from the finished, consumer products
previously designated by USDA. Although the Federal government does not
typically purchase large quantities of intermediate ingredients and
feedstock materials, designating such materials represents a means to
identify and include finished products made from such designated
materials in the Federal preferred procurement program. In the proposed
rule, USDA proposed designating the following 12 product categories for
the preferred procurement program: Intermediates--Plastic Resins;
Intermediates--Chemicals; Intermediates--Paint and Coating Components;
Intermediates--Textile Processing Materials; Intermediates--Foams;
Intermediates--Fibers and Fabrics; Intermediates--Lubricant Components;
Intermediates--Binders; Intermediates--Cleaner Components;
Intermediates--Personal Care Product Components; Intermediates--Oils,
Fats, and Waxes; and Intermediates--Rubber Materials.
This final rule designates the proposed product categories within
which biobased products will be afforded Federal procurement
preference. USDA has determined that each of the product categories
being designated under this rulemaking meets the necessary statutory
requirements; that they are being produced with biobased products; and
that their procurement will carry out the following objectives of
section 9002: to improve demand for 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
[[Page 31842]]
biobased products for products derived from imported oil and natural
gas.
When USDA designates by rulemaking a product category for preferred
procurement under the BioPreferred Program, manufacturers of all
products under the umbrella of that product category that meet the
requirements to qualify for preferred procurement can claim that status
for their products. To qualify for preferred procurement, a product
must be within a designated product category and must contain at least
the minimum biobased content established for the designated product
category. With the designation of these specific product categories,
USDA invites the manufacturers and vendors of qualifying products to
provide information on the product, contacts, and performance testing
for posting on its BioPreferred website, http://www.biopreferred.gov.
Procuring agencies will be able to utilize this website as one tool to
determine the availability of qualifying biobased products under a
designated product category. Once USDA designates a product category,
procuring agencies are required generally to purchase biobased products
within the designated product category where the purchase price of the
procurement product exceeds $10,000 or where the quantity of such
products or of functionally equivalent products purchased over the
preceding fiscal year equaled $10,000 or more.
Minimum Biobased Contents. The minimum biobased contents being
established with this rulemaking are based on products for which USDA
has biobased content test data. USDA obtains biobased content data in
conjunction with product manufacturer's applications for certification
to use the USDA Certified Biobased Product label. Products that are
certified to display the label must undergo biobased content testing by
an independent, third party testing lab using ASTM D6866, ``Standard
Test Methods for Determining the Biobased Content of Solid, Liquid, and
Gaseous Samples Using Radiocarbon Analysis''. These test data become
part of the BioPreferred Program database and their use in setting the
minimum biobased content for designated product categories results in a
more efficient process for both the Program and manufacturers of
products within the product categories.
Overlap with EPA's Comprehensive Procurement Guideline program for
recovered content products under the Resource Conservation and Recovery
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 (or recycled)
materials. Because this rule designates intermediate ingredient product
categories rather than categories of finished, consumer-use products,
USDA does not believe that there is a direct overlap between these
categories and CPG categories. However, if such an overlap situation is
discovered, 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.
Federal Government Purchase of Sustainable Products. The Federal
government's sustainable purchasing program includes the following
three mandatory 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.
Other Preferred Procurement Programs. Federal procurement officials
should also note that many 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 SourceAmerica (formerly known as the National
Industries for the Severely Handicapped) offer products and services
for preferred procurement by Federal agencies. A search of the
AbilityOne Program's online catalog (www.abilityone.gov) indicated that
the types of intermediate ingredient product categories being
designated in this final rule are not available through the AbilityOne
Program. USDA notes, however, that if such materials are offered at
some point in the future, their procurement 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 are categorized within a product category being
designated; 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.
III. Discussion of Public Comments
USDA solicited comments on the proposed rule for 90 days ending on
April 13, 2017. USDA received eight comments by that date. Four of the
comments were from manufacturers of biobased products, and four were
from trade associations. The comments are presented below, along with
USDA's responses, and are shown under the product categories to which
they apply.
General Process Comments
Comment: One commenter believes that the scope of the proposed
intermediate categories is too broad and that the proposed categories
are too widely defined. The commenter recommends categorizing
intermediates based on functional use descriptions. Further, the
commenter notes that by defining intermediates according to their
function in finished products, USDA can refine the minimum percent
biobased content required for each group.
Response: USDA agrees that the scope of many of the proposed
intermediate ingredient product categories is broad. That is by design.
There were, however, several factors that had to be considered in
creating the product categories. USDA first considered the primary
rationale for the designation of these intermediate ingredients.
Section 9002 directs USDA to designate intermediate ingredients and
also to designate finished products made from those intermediate
ingredients. The designation of intermediate ingredients as proposed
was intended to facilitate the future designation of the finished
products that are made from the intermediate ingredients. USDA believes
that the designation of finished products made from intermediate
ingredients will provide a significant boost in the market for these
products. The Federal government is not expected to purchase
significant quantities of intermediate materials even after they are
designated for the preferred procurement.
USDA also had to consider the potentially conflicting goals of
keeping the proposed number of intermediate
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ingredient product categories reasonable while creating a mechanism for
the subsequent designation of as many finished product categories as
possible. The decision was made that one way to accomplish this was to
define many of the intermediate ingredient product categories broadly.
One example of this is the proposed category of ``intermediate
ingredients--plastic resins.'' There are numerous types of biobased
plastic resins either already in use or under development. These resins
are then used to make a vast number of biobased plastic finished
products. USDA chose to propose a product category that included
essentially all plastic resins to be as inclusive as possible.
Another significant factor that affected USDA's decision-making
when creating the intermediate ingredient product categories was the
availability of product data. USDA created more specific product
categories where data were available to support creating those
categories. For example, USDA had data supporting the designation of
categories specifically for biobased ingredients that are used in the
manufacturing of finished products in the textiles, lubricants,
cleaners, and personal care industries. Thus, the decision was made to
go with a broad definition in hopes that most, if not all, biobased
chemicals that are used as intermediate ingredients would be covered.
Finally, USDA points out that the BioPreferred Program has
traditionally created product categories that are defined by their
function and intends to continue to do so when creating product
categories for the finished products that are made from the
intermediate ingredients being designated in this rulemaking. USDA has
taken the approach that for the designation of intermediate
ingredients, however, the designation of broadly defined categories is
more reasonable and more inclusive than attempting to create a very
large number of function-specific categories.
Comment: One commenter recommends that a validation study be
performed to better understand the ranges of inaccuracies of the test
method, ASTM D6866, across a number of intermediates and products.
Response: USDA relies on ASTM and the relevant stakeholder
committee to confirm the validity of the test method. ASTM D6866
underwent a review and revision during 2016, and USDA is confident that
the method yields results that are reliable.
Comment: One commenter supports the designation of intermediate
product categories and encourages USDA to develop a more efficient
mechanism for adding future new product categories. The commenter
acknowledges that the Federal government may not acquire significant
amounts of biobased intermediates, but the commenter believes that
having product categories that cover renewable chemicals used in final
products allows for greater flexibility in the acquisition of biobased
products and easier identification of biobased products that would
qualify as biobased under the Program.
Further, the commenter notes that the development of biobased
products and renewable chemicals is occurring at a rapid pace. Thus,
the commenter encourages USDA to explore opportunities to streamline
the process of designating new product categories.
Response: USDA appreciates the commenter's support for the proposed
designation of intermediate ingredient product categories. USDA agrees
that innovation is constantly occurring in the biobased products
industry; the development of these biobased intermediate ingredients,
and the products made from them, is progressing rapidly. The process of
designating new product categories is one that USDA is constantly
seeking to improve. USDA will continue to evaluate changes to the
Program that have the potential to streamline the process for
designating product categories.
Comment: One commenter supports the purpose and implementation of
the USDA BioPreferred Program and acknowledges the challenge of
identifying the wide range of biobased intermediate ingredients and
feedstock materials. The commenter encourages USDA to carefully review
the technical information it receives regarding finished products that
are being made from these intermediates or feedstocks. The commenter
believes that after reviewing this technical information, USDA may want
to consider adjusting the definitions, setting subcategories, or
adjusting the minimum biobased content requirements for the twelve
proposed intermediates categories.
The commenter also supports the use of subcategories at the
finished product level and not at the intermediate ingredient or
feedstock material level. Further, the commenter believes USDA should
consider the need to create subcategories to allow for variations in
the minimum biobased content of different end use products. When
setting the minimum biobased content for finished products, the
commenter encourages USDA to verify that there are products within a
given category or subcategory that are commercially available.
The commenter believes that the designation of intermediate
categories will have a positive impact on many small businesses that
are now using or would like to use biobased materials in their finished
products.
The commenter also believes that the designation of intermediate
ingredients and feedstocks will allow small businesses easy access to
useable information on the types and categories of biobased materials
that are available for use in finished products. The commenter states
that the use of biobased materials is one way for small businesses to
distinguish themselves in both the government and private sector
marketplaces.
The commenter also supports and encourages USDA to continue and
expand outreach efforts as stated in the Federal Register.
Response: USDA thanks the commenter for their support of the
BioPreferred Program and for their suggestions on technical
considerations such as revising the definitions, creating
subcategories, and adjusting the minimum biobased contents of the
intermediate ingredient product categories. USDA is aware that the
information used to support the designation of these intermediate
ingredient product categories is often a small sample of the universe
of knowledge related to a specific biobased technology or material. As
additional information becomes available, USDA will evaluate the need
to revise or adjust the technical components of the rulemaking (such as
definitions, subcategories, and minimum biobased content requirements).
If such revisions or adjustments are found to be warranted, USDA will
undertake a new rulemaking to amend the Guidelines as needed. In the
case of upcoming rulemakings to designate finished products, USDA will
continue to gather and evaluate technical information from the biobased
products industry to support the decisions that go into the rulemaking.
USDA appreciates the support for the approach of defining product
categories at the finished product level as opposed to the intermediate
ingredient level. As discussed earlier, USDA believes that broad
definitions of the intermediate ingredient product categories and,
subsequently, more specific functional definitions at the finished
product category level is a reasonable approach.
USDA also appreciates the commenter's statements regarding the
positive impact of the BioPreferred
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Program and biobased products on the industry's small businesses.
Intermediates--Plastic Resins
Comment: One commenter suggests that the proposed definition be
amended to include polymers.
Response: Although the name of the product category was not
changed, USDA has revised the proposed definition of this product
category to include the term ``polymers.''
Comment: One commenter supports designating the proposed
intermediates--plastic resins category. The commenter believes that the
proposal to certify intermediates has the potential to streamline the
certification process for future finished products.
Response: USDA thanks the commenter for their support of the
proposed designation of the intermediate ingredients product
categories.
Comment: One commenter believes the minimum biobased content should
be set at 17%. The commenter states that there are commercial plastic
films available that contain 20% biobased content, and these films are
stronger than films made from petro-based resins. The commenter
believes that setting the minimum biobased content at 17% could have a
significant positive impact by encouraging more recycling of films and
bags.
Response: USDA did not revise the proposed minimum biobased content
for this product category. As discussed in the Preamble to the proposed
rule, USDA has data from over 60 manufacturers who make about 150
biobased plastic resins. These resins are used to make a wide variety
of finished products. The biobased contents of the resins in the
database range from 25 percent to 100 percent. USDA believes that
setting the minimum biobased content requirement for this product
category at 22 percent is reasonable. USDA also points out that the
product mentioned by the commenter (plastic film) is already included
in the designated product category ``Films'' found in Sec. 3201.27.
The Films product category includes subcategories for semi-durable
films and non-durable films and the minimum biobased content
requirements are 45 percent and 85 percent, respectively.
Intermediates--Chemicals
Comment: One commenter states that the proposed intermediates--
chemicals category is too widely defined as it includes reactants,
building block chemicals, secondary chemicals, and chemicals with
specific functional properties. Moreover, the commenter believes that
the proposed minimum of 22 percent gives no incentive for chemical
producers to increase biobased content. The commenter recommends that
USDA instead categorize by function, which will allow for increased
minimums for several functional classes.
Response: As discussed in previous responses, USDA believes that
creating more specific definitions based on the product's function is
more appropriate for the finished products made from intermediate
ingredients. USDA also believes that the goal of including as many
renewable chemicals in the Program as possible is best met by being
more inclusive when designating the intermediate ingredient product
categories. USDA also believes that for the broadly defined product
category setting the minimum biobased content at the proposed 22
percent level is appropriate and that competition among manufacturers
will tend to drive the actual biobased contents higher than the
required minimum. Maintaining the level at 22 percent will also allow
many chemical producers to participate in the Program while they make
technological improvements that increase the biobased content rather
than excluding them from the Program as they strive for improvement.
USDA also believes that it is appropriate to set more specific minimum
biobased content requirements at the finished product level. The
consumers of finished products are expected to be the motivating force
that encourages manufacturers to increase the biobased content of the
products they make and hope to sell. USDA believes that the most
reasonable approach is to include a wide range of intermediate
ingredients in the Program and then let the demand for finished
products with high biobased contents encourage advances in intermediate
ingredients.
Comment: One commenter suggests that the proposed definition be
amended to include viscosity reducers, rheology modifiers, adhesion
agents, polyols, and polymers.
Response: The definition, as proposed, was not intended to be an
all-inclusive list. USDA agrees with the commenter that the materials
they listed are reasonable additions to the proposed definition and has
revised the final definition to include them. However, USDA points out
that the list is still not considered to be all-inclusive. It is likely
that biobased intermediate ingredients exist that are not specifically
included in the definition and it is USDA's intention that they be
eligible for preferred procurement under the Program.
Intermediates--Paint and Coating Components
Comment: One commenter suggests that the proposed definition be
amended to include humectants/open time additives, coalescent alkyd
latex resins, and polymers.
Response: The definition, as proposed, included examples of the
types of components intended to be covered by the product category and
was not intended to be an all-inclusive list. USDA agrees with the
commenter that the materials they listed are reasonable additions to
the proposed definition and has revised the final definition to include
them. However, USDA points out that the list is still not considered to
be all-inclusive. It is likely that biobased intermediate ingredients
exist that are not specifically included in the definition and it is
USDA's intention that they be eligible for preferred procurement under
the Program.
Intermediates--Foams
Comment: One commenter states that foams are used in a wide variety
of products, and as such, there is a wide variety of foams with
biobased contents that have been developed to meet the performance
needs of the foam containing products. The commenter believes that the
proposed intermediates--foams category is one for which USDA should
establish subcategories based on the types of end uses and
corresponding performance requirements of the foams. Further, the
commenter believes that USDA should set minimum biobased contents for
these subcategories, noting that the proposed 22% minimum for
intermediates--foams will be too high for some applications.
Response: USDA thanks the commenter for their input regarding this
proposed product category. USDA also agrees that this product category
certainly includes a wide variety of products used to make a large
number of finished products. As the commenter pointed out, USDA
requested information from intermediate ingredient manufacturers on
finished products made from their intermediates. Unfortunately, for the
product category intermediates-foams, no additional information was
provided. USDA is, therefore, finalizing this product category as
proposed; however, USDA is continuing the process of gathering data to
support the upcoming designation of finished products make from these
designated intermediate ingredients. As additional product data are
obtained and evaluated, USDA will consider
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revisions or adjustments that may need to be made in this (and all
other) intermediate ingredient product categories. Such revisions could
include creating subcategories, clarifying changes to the definitions,
or adjustments to the required minimum biobased content.
Intermediates--Binders
Comment: One commenter suggests that the proposed definition be
amended to include ``binders are generally polymers or polymer
precursors (such as epoxies) and include the polymeric materials used
to formulate coatings, adhesives, sealants and elastomers.'' The
commenter also believes that the proposed definition should include
adhesives and glues that are finished products.
Response: USDA has revised the proposed definition to include the
phrase recommended by the commenter. As discussed earlier, USDA agrees
that including examples in the definitions may provide more clarity but
cautions that such examples are not intended to be all-inclusive or to
restrict the definition so that it only applies to those examples.
USDA disagrees with the commenter's suggestion to revise the
proposed definition so that it includes finished product adhesives and
glues. These types of products will be included in the upcoming
rulemaking that designates finished products made from designated
intermediate ingredients.
Intermediates--Cleaner Components
Comment: One commenter notes that the proposed intermediates--
cleaner components category includes a wide range of substances that
perform very different functions in cleaning products. The commenter
further states that this definition does not include an exhaustive list
of cleaning ingredients.
Response: As discussed in previous responses, USDA has
intentionally established intermediate ingredient product categories
that are very broad in scope. The commenter is also correct that the
definitions do not attempt to include exhaustive lists of materials
that are covered by the definition. Examples of the types of materials
that fit within the definition are provided in most cases. Because of
the continuing technological advances within the biobased products
industry, USDA does not believe it is reasonable to attempt to create
exhaustive or all-inclusive lists of materials that could result in the
exclusion of materials still under development.
Intermediates--Personal Care Product Components
Comment: One commenter states that the personal care product
industry and the cleaning industry use many of the same ingredients.
Thus, the commenter believes that the proposed intermediates--personal
care product components category overlaps with the proposed
intermediates--cleaner components category and is redundant.
Response: USDA agrees that there is a strong probability that some
intermediate ingredients may be used in both the personal care product
components and the cleaner components categories. Because many of the
intermediate ingredient materials being designated are very basic,
multi-purpose chemicals, their use in multiple finished product
categories is expected. There are also expected to be some ingredients
that are unique to one category or the other. USDA believes that
creating these intermediate ingredient product categories (and others
with potential overlapping materials) will ultimately make the process
of cataloging product information simpler for the BioPreferred Program
and will make it easier for manufacturers of finished products, Federal
procuring officials, and the consuming public, to identify and locate
biobased products that are available to them.
Intermediates--Oils, Fats and Waxes
Comment: One commenter notes that the proposed minimum biobased
content is lower than the content found naturally in oils, fats, and
waxes.
Response: USDA evaluated data on 24 intermediate ingredient
materials within this category. These materials ranged in biobased
content from 68 percent to 100 percent. The proposed 65 percent minimum
biobased content was based on the sample with the lowest biobased
content. Raw materials that are 100 percent fats and oils derived from
animals and plants would be expected to be essentially 100 percent
biobased. However, it is likely that many of the products that would
fall into this category have been modified, blended, or in some way
altered in the process of extracting or refining them. It is also
likely that the commercial products that are produced within this
category are a combination of ingredients, not all of which may be 100
percent biobased. Because of these possibilities, USDA has not changed
the minimum biobased content proposed for this product category.
Comment: One commenter suggests that the proposed definition be
amended to include proteins and carbohydrates.
Response: USDA has not revised the proposed definition because the
term ``oils, fats, and waxes'' is believed to be sufficiently broad to
cover the materials that are expected to be found in this product
category. Also, proteins and carbohydrates are, generally, chemically
different from oils, fats, and waxes. Oils, fats, and waxes are
typically made up of long carbon chains where proteins and
carbohydrates have a lower carbon to non-carbon molecule ratio. USDA
believes that the types of intermediate ingredient materials derived
from proteins and carbohydrates are more likely to be included in the
intermediate--chemicals product category.
New Categories
Comment: One commenter suggests designating a product category for
``can liners.'' The commenter notes that the Federal government uses a
large number of can liners and that can liners are typically made from
non-biobased materials. Thus, the commenter believes that there would
be significant benefit in designating a ``can liners'' category in the
next round.
Another commenter believes that it is important to have a product
category designation for FSC code 4253 Hazardous Material Spill
Containment and Clean-up Equipment.
Response: USDA thanks the commenters for their interest in the
BioPreferred Program and their suggestions regarding possible new
product categories. The product categories suggested by these
commenters will be evaluated along with the potential categories of
finished products made from designated intermediate ingredients. USDA
plans to propose a rulemaking action that will identify those
categories selected for possible designation and the public will be
invited to submit comments.
IV. Summary of Changes
After consideration of the public comments received in response to
the proposed rule, USDA made several changes in the final rule. These
changes are summarized below.
In the final rule, USDA has revised the definition of the
categories intermediates--plastic resins, intermediates--chemicals,
intermediates--paint and coating components, and intermediates--binders
as explained in the following paragraph. These changes were made to
clarify or add examples of intermediates that can be included in each
of these categories.
[[Page 31846]]
The definition for the intermediate--plastic resins category has
been revised to include the term ``polymers.'' The definition for the
intermediates--chemicals category has been revised to list additional
materials such as viscosity reducers, rheology modifiers, adhesion
agents, polyols, and polymers. Additional examples of paint and coating
components, such as humectants, open time additives, and polymers, have
been added to the definition of the intermediates--paint and coating
components category. The intermediates--binders category definition has
been revised to expand on the types of chemicals that typically make up
binders. Additionally, the definition has been expanded to include
examples of materials that binders can be used to formulate. The
definition for this category has been revised to include the phrase
``binders are generally polymers or polymer precursors (such as
epoxies) and include the polymeric materials used to formulate
coatings, adhesives, sealants and elastomers.''
V. Regulatory Information
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
Executive Order 12866, as supplemented by Executive Order 13563,
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.''
This final 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
this final rule. As discussed in the preamble to the proposed
rulemaking, USDA made extensive efforts to obtain information on the
Federal agencies' usage within the 12 designated product categories.
These efforts were largely unsuccessful. Therefore, attempts to
determine the economic impacts of this final 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 biobased 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 this final rule. Consideration
was also given to the fact that agencies may choose not to procure
designated items due to unreasonable price.
1. Summary of Impacts
This final rule is expected to have both positive and negative
impacts to individual businesses, including small businesses. USDA
anticipates that the biobased preferred procurement program will
provide additional opportunities for businesses and manufacturers to
begin supplying products under the 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 this final rule. The final 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 Final Rule
The designation of these 12 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,
this final rule can result in expanding and strengthening markets for
biobased materials used in these product categories.
3. Costs of the Final Rule
Like the benefits, the costs of this final 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 organizations,
and small governmental jurisdictions.
USDA evaluated the potential impacts of its designation of these
product categories to determine whether its actions would have a
significant impact on a substantial number of small entities. Because
the 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
final rule 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 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
[[Page 31847]]
biobased products and to energize emerging markets for those products.
Because the program is focused on innovative developments within the
biobased products industry, which is still in its infancy, 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 this
industry is still materializing. As such, USDA anticipates that 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 designated for Federal preferred procurement in this
rule are expected to be included under the following NAICS codes:
324191 (petroleum lubricating oil and grease manufacturing), 325320
(pesticide and other agricultural chemicals manufacturing), 325411
(medicinal and botanical manufacturing), 325412 (pharmaceutical
preparation manufacturing), 325510 (paint and coating manufacturing),
325612 (polish and other sanitation goods manufacturing), and 325620
(toilet preparation manufacturing). USDA obtained information on these
seven NAICS categories from the U.S. Census Bureau's Economic Census
database. USDA found that the Economic Census reports about 4,756
companies within these 7 NAICS categories and that these companies own
a total of about 5,374 establishments. Thus, the average number of
establishments per company is about 1.13. The Census data also reported
that of the 5,374 individual establishments, about 5,228 (97.3 percent)
have fewer than 500 employees. USDA also found that the overall average
number of employees per company among these industries is about 92 and
that the pharmaceutical preparation manufacturing segment (with an
average of about 250) is the only segment reporting an average of more
than 100 employees per company. Thus, nearly all of the businesses meet
the Small Business Administration's definition of a small business
(less 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 designated in this rulemaking are
not 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 will be relatively low.
Also, this final 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 final rule will also
not preclude businesses from modifying their product lines to meet new
specifications or solicitation requirements for these products
containing biobased materials.
After considering the economic impacts of this final 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 final 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 final rule has been reviewed in accordance with Executive
Order 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights, and does not contain
policies that would have implications for these rights.
D. Executive Order 12988: Civil Justice Reform
This final rule has been reviewed in accordance with Executive
Order 12988, Civil Justice Reform. This rule does not preempt State or
local laws, is not intended to have retroactive effect, and does not
involve administrative appeals.
E. Executive Order 13132: Federalism
This final rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment. Provisions of this
final 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.
F. Unfunded Mandates Reform Act of 1995
This final rule contains no Federal mandates under the regulatory
provisions of Title II of the Unfunded Mandates Reform Act of 1995
(UMRA), 2 U.S.C. 1531-1538, for State, local, and tribal governments,
or the private sector. Therefore, a statement under section 202 of UMRA
is not required.
G. 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.
H. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This final rule does not significantly or uniquely affect ``one or
more Indian tribes . . . the relationship between the Federal
Government and Indian tribes, or . . . the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
Thus, no further action is required under Executive Order 13175.
I. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 through 3520), the information collection under this final rule is
currently approved under OMB control number 0503-0011.
J. E-Government Act Compliance
USDA is committed to compliance with the E-Government Act, which
requires Government agencies, in
[[Page 31848]]
general, to provide the public the option of submitting information or
transacting business electronically to the maximum extent possible.
USDA allows for posting information voluntarily submitted by
manufacturers or vendors on the products they intend to offer for
preferred procurement under each designated product category at http://www.biopreferred.gov. For information pertinent to E-Government Act
compliance related to this rule, please contact Karen Zhang at (202)
401-4747.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, that includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. USDA has submitted a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register.
List of Subjects in 7 CFR Part 3201
Biobased products, Procurement.
For the reasons stated in the preamble, the Department of
Agriculture is amending 7 CFR chapter XXXII as follows:
CHAPTER XXXII--OFFICE OF PROCUREMENT AND PROPERTY MANAGEMENT
PART 3201--GUIDELINES FOR DESIGNATING BIOBASED PRODUCTS FOR FEDERAL
PROCUREMENT
0
1. The authority citation for part 3201 continues to read as follows:
Authority: 7 U.S.C. 8102.
0
2. Add Sec. Sec. 3201.108 through 3201.119 to subpart B to read as
follows:
Sec.
3201.108 Intermediates--Plastic Resins.
3201.109 Intermediates--Chemicals.
3201.110 Intermediates--Paint and Coating Components.
3201.111 Intermediates--Textile Processing Materials.
3201.112 Intermediates--Foams.
3201.113 Intermediates--Fibers and Fabrics.
3201.114 Intermediates--Lubricant Components.
3201.115 Intermediates--Binders.
3201.116 Intermediates--Cleaner Components.
3201.117 Intermediates--Personal Care Product Components.
3201.118 Intermediates--Oils, Fats, and Waxes.
3201.119 Intermediates--Rubber Materials.
Sec. 3201.108 Intermediates--Plastic Resins.
(a) Definition. Intermediates--Plastic Resins are materials that
are typically viscous liquids with the ability to harden permanently
and may exist in liquid or solid (powder or pellets) states.
Intermediates--Plastic Resins may be used in a variety of finished
products neat, consisting of a single resin or polymer, or a
homogeneous blend of two or more neat resins or polymers, or a
composite, containing two or more distinct materials such as fiber-
reinforced resins. Additionally, Intermediates--Plastic Resins may be
used in finished products as additives such as plasticizers, pigments,
thermal stability agents, or impact modifiers.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 22 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 July 10, 2019,
procuring agencies, in accordance with this part, will give a
procurement preference for qualifying biobased Intermediates--Plastic
Resins. By that date, Federal agencies responsible for drafting or
reviewing specifications for products to be procured shall ensure that
the relevant specifications require the use of biobased Intermediates--
Plastic Resins.
Sec. 3201.109 Intermediates--Chemicals.
(a) Definition. Intermediates--Chemicals are those used as
reactants for organic synthesis reactions rather than for their
functional properties in a chemical mixture; those used as building
block chemicals and secondary chemicals such as glycerol, succinic
acid, propanediol, and monomers such as lactic acid and propylene;
those used for specific functional properties during manufacturing of
other products such as pH regulators, flocculants, precipitants,
neutralizing agents, emulsifiers, viscosity reducers, rheology
modifiers, adhesion agents, detergents, wetting agents, foaming agents,
or dispersants; those that are added to end-use products for their
specific functional properties including polyols, polymers, and
solvents for thinning and drying applications but excluding solvents
used for cleaning; and those used for dyes, pigments, and scents
including flavorings for non-food products such as lip balm.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 22 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 July 10, 2019,
procuring agencies, in accordance with this part, will give a
procurement preference for qualifying biobased Intermediates--
Chemicals. By that date, Federal agencies responsible for drafting or
reviewing specifications for products to be procured shall ensure that
the relevant specifications require the use of biobased Intermediates--
Chemicals.
Sec. 3201.110 Intermediates--Paint and Coating Components.
(a) Definition. Intermediates--Paint and Coating Components are
ingredients used to formulate finished waterborne or solvent borne
paint and coating products. Examples of Intermediates--Paint and
Coating Components include binders, pigments, thickeners, curing
agents, modifiers, humectants, open time additives, alkyd latex resins,
polymers, polyols, reactive oligomers, or reactive diluents.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 22 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 July 10, 2019,
procuring agencies, in accordance with this part, will give a
procurement preference for qualifying biobased Intermediates--Paint and
Coating Components. By that date, Federal agencies responsible for
drafting or reviewing specifications for products to be procured shall
ensure that the relevant specifications require the use of biobased
Intermediates--Paint and Coating Components.
Sec. 3201.111 Intermediates--Textile Processing Materials.
(a) Definition. Intermediates--Textile Processing Materials are
used to treat or finish textiles for the purposes of altering textile
characteristics such as color, fading, wrinkle resistance, texture, or
moisture management.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 22 percent,
which shall be based on the amount of qualifying biobased carbon in the
product as a
[[Page 31849]]
percent of the weight (mass) of the total organic carbon in the
finished product.
(c) Preference compliance date. No later than July 10, 2019,
procuring agencies, in accordance with this part, will give a
procurement preference for qualifying biobased Intermediates--Textile
Processing Materials. By that date, Federal agencies responsible for
drafting or reviewing specifications for products to be procured shall
ensure that the relevant specifications require the use of biobased
Intermediates--Textile Processing Materials.
Sec. 3201.112 Intermediates--Foams.
(a) Definition. Intermediates--Foams are dry polymer foams used for
non-construction purposes, such as cushions for furniture.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 22 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 July 10, 2019,
procuring agencies, in accordance with this part, will give a
procurement preference for qualifying biobased Intermediates--Foams. By
that date, Federal agencies responsible for drafting or reviewing
specifications for products to be procured shall ensure that the
relevant specifications require the use of biobased Intermediates--
Foams.
Sec. 3201.113 Intermediates--Fibers and Fabrics.
(a) Definition. Intermediates--Fibers and Fabrics encompasses plant
and animal fibers, fibers made from plant-derived polymers that are not
yet formed into more complex products such as carpet or fabrics,
fabrics made from natural fibers, fabrics made from synthetic fibers,
or fabrics made from a blend of the two. These materials are used to
manufacture finished products such as clothing, upholstery, or drapes.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 25 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 July 10, 2019,
procuring agencies, in accordance with this part, will give a
procurement preference for qualifying biobased Intermediates--Fibers
and Fabrics. By that date, Federal agencies responsible for drafting or
reviewing specifications for products to be procured shall ensure that
the relevant specifications require the use of biobased Intermediates--
Fibers and Fabrics.
Sec. 3201.114 Intermediates--Lubricant Components.
(a) Definition. Intermediates--Lubricant Components are ingredients
that used specifically to formulate finished lubricant products.
Examples of Intermediates--Lubricant Components include base oils, base
fluids, additives, or friction modifiers.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 44 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 July 10, 2019,
procuring agencies, in accordance with this part, will give a
procurement preference for qualifying biobased Intermediates--Lubricant
Components. By that date, Federal agencies responsible for drafting or
reviewing specifications for products to be procured shall ensure that
the relevant specifications require the use of biobased Intermediates--
Lubricant Components.
Sec. 3201.115 Intermediates--Binders.
(a) Definition. Intermediates--Binders are materials used to
provide cohesiveness throughout an entire finished product. Binders are
generally polymers or polymer precursors (such as epoxies) and include
the polymeric materials used to formulate coatings, adhesives,
sealants, and elastomers. The product category does not include
adhesives and glues that are finished products used to attach the
surfaces of two or more distinct and separate components to one
another.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 47 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 July 10, 2019,
procuring agencies, in accordance with this part, will give a
procurement preference for qualifying biobased Intermediates--Binders.
By that date, Federal agencies responsible for drafting or reviewing
specifications for products to be procured shall ensure that the
relevant specifications require the use of biobased Intermediates--
Binders.
Sec. 3201.116 Intermediates--Cleaner Components.
(a) Definition. Intermediates--Cleaner Components are intermediate
ingredients used specifically for formulating finished cleaning
products. Examples of Intermediates--Cleaner Components include
chelating agents, surfactants, hydrotropes, fatty acids, or solvents.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 55 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 July 10, 2019,
procuring agencies, in accordance with this part, will give a
procurement preference for qualifying biobased Intermediates--Cleaner
Components. By that date, Federal agencies responsible for drafting or
reviewing specifications for products to be procured shall ensure that
the relevant specifications require the use of biobased Intermediates--
Cleaner Components.
Sec. 3201.117 Intermediates--Personal Care Product Components.
(a) Definition. Intermediates--Personal Care Product Components are
ingredients used to formulate finished personal care products. Examples
of Intermediates--Personal Care Product Components include surfactants,
oils, humectants, emollients, or emulsifiers.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 62 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 July 10, 2019,
procuring agencies, in accordance with this part, will give a
procurement preference for qualifying biobased Intermediates--Personal
Care Product Components. By that date, Federal agencies responsible for
drafting or reviewing specifications for products to be procured shall
ensure that the relevant specifications require the use of biobased
Intermediates--Personal Care Product Components.
Sec. 3201.118 Intermediates--Oils, Fats, and Waxes.
(a) Definition. Intermediates--Oils, Fats, and Waxes include raw or
modified fats and oils derived from plants or animals.
(b) Minimum biobased content. The Federal preferred procurement
product
[[Page 31850]]
must have a minimum biobased content of at least 65 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 July 10, 2019,
procuring agencies, in accordance with this part, will give a
procurement preference for qualifying biobased Intermediates--Oils,
Fats, and Waxes. By that date, Federal agencies responsible for
drafting or reviewing specifications for products to be procured shall
ensure that the relevant specifications require the use of biobased
Intermediates--Oils, Fats, and Waxes.
Sec. 3201.119 Intermediates--Rubber Materials.
(a) Definition. Intermediates--Rubber Materials are used in
finished products such as rubber gloves, vehicle tires, footwear,
sports apparel and equipment, bedding and pillow foams, tubing,
catheters, gasketing, or cosmetic adhesives and bases.
(b) Minimum biobased content. The Federal preferred procurement
product must have a minimum biobased content of at least 96 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 July 10, 2019,
procuring agencies, in accordance with this part, will give a
procurement preference for qualifying biobased Intermediates--Rubber
Materials. By that date, Federal agencies responsible for drafting or
reviewing specifications for products to be procured shall ensure that
the relevant specifications require the use of biobased Intermediates--
Rubber Materials.
Donald K. Bice,
Deputy Assistant Secretary For Administration, U.S. Department of
Agriculture.
[FR Doc. 2018-14594 Filed 7-9-18; 8:45 am]
BILLING CODE 3410-TX-P