[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Proposed Rules]
[Pages 40476-40477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14403]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 523 and 552

[GSAR Case 2022-G517; Docket No. GSA-GSAR-2022-0014; Sequence No. 1]
RIN 3090-AK60


General Services Administration Acquisition Regulation (GSAR); 
Single-Use Plastics and Packaging

AGENCY: Office of Acquisition Policy, General Services Administration 
(GSA).

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The General Services Administration (GSA) is publishing this 
advance notice of proposed rulemaking (ANPR) to seek public feedback 
pertaining to the use of plastic consumed in both packaging and 
shipping, as well as other single-use plastics for which the agency 
contracts. The issues raised in the comments submitted in response to 
this ANPR will inform future rulemaking to establish requirements and 
reporting mechanisms for reducing unnecessary single-use plastic, to 
include plastic packaging and shipping materials.

DATES: Interested parties should submit written comments at the address 
shown below on or before September 6, 2022 to be considered in the 
formulation of a proposed rule.

ADDRESSES: Submit comments in response to GSAR Case 2022-G517 to the 
Federal eRulemaking portal at https://www.regulations.gov by searching 
for ``GSAR Case 2022-G517''. Select the link ``Comment Now'' that 
corresponds with GSAR Case 2022-G517. Follow the instructions provided 
at the ``Comment Now'' screen. Please include your name, company name 
(if any), and ``GSAR Case 2022-G517'' on your attached document. If 
your comment cannot be submitted using https://www.regulations.gov, 
call or email the points of contact in the FOR FURTHER INFORMATION 
CONTACT section of this document for alternate instructions.
    Instructions: Please submit comments only and cite GSAR Case 2022-
G517 in all correspondence related to this case. Comments received 
generally will be posted without change to https://www.regulations.gov, 
including any personal and/or business confidential information 
provided. To confirm receipt of your comment(s), please check https://www.regulations.gov approximately two to three days after submission to 
verify posting.

FOR FURTHER INFORMATION CONTACT: Ms. Adina Torberntsson, Procurement 
Analyst, at 303-236-2677 or [email protected], for clarification of 
content. For information pertaining to status or publication schedules, 
contact the Regulatory Secretariat Division at 202-501-4755 or 
[email protected]. Please cite GSAR Case 2022-G517 in your email 
subject line.

SUPPLEMENTARY INFORMATION: 

I. Background

    This ANPR concerns reducing single-use plastics, to include those 
used in packaging and shipping required for the delivery of products 
under General Services Administration (GSA) contracts as well as items 
included on the contracts. For this ANPR, plastic materials that are 
used and then immediately disposed of once the item is delivered are 
considered single-use plastics.
    Executive Order 14008 states ``it is the policy of my 
Administration to lead the Nation's effort to combat the climate crisis 
by example-specifically, by aligning the management of Federal 
procurement and real property, public lands and waters, and financial 
programs to support robust climate action.'' As America's Buyer, GSA is 
interested in its potential to play a supporting role including by 
reducing single use plastics. GSA has taken some initial internal 
policy steps towards a leadership role in using the Federal 
Government's buying power towards this goal. The GSA Acquisition Manual 
(GSAM) was amended in October 2021 through Change 138 \1\ to require 
consideration to reduce content waste as part of requirements planning 
for GSA acquisitions. One of the contents highlighted in this GSAM 
amendment is packaging.
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    \1\ https://acquisition-staging.gsa.gov/sites/default/files/archives/loose_leaf/GSAM_Latest_Change_Order_1382021528_0.pdf.
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    Since the last sustainability GSAM change, E.O. 14057 Catalyzing 
Clean Energy Industries and Jobs Through Federal Sustainability \2\ was 
issued. Section 207 of the E.O. instructs each agency to reduce waste 
to include supporting a recycled content market and circular economy 
approaches.
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    \2\ E.O. 14057 of December 8, 2021, 86 FR 70935.
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    GSA will consider comments received in response to this ANPR in 
future rulemaking to amend the GSAR through a proposed rule, and to 
revise other GSA policies, procedures, and guidance that further 
support GSAM Change 138 and address E.O. 14057 regarding single-use 
plastics.

II. Discussion and Analysis

A. Evaluating the Need for Regulatory Change

    GSA is a leader in acquisition and provides supplies and services 
across the Federal government through the agency's acquisition vehicles 
to include the Federal Supply Schedule program. Also known as the 
Government's landlord, GSA has the ability to make a difference by 
addressing single-use plastics in our construction, concession, and 
facility maintenance contracts as well.
    GSA continues to provide the best customer service experience by 
providing access to thousands of products and services. Our agency also 
looks for the most advantageous solutions, remaining ahead of problems 
before they culminate, and making the best decisions on behalf of the 
American taxpayer. To do this, GSA has adopted internal policy changes 
to address sustainability in our acquisitions. With single-use plastics 
being a significant contributor to the global plastic pollution 
concern, it is a logical step for the agency to examine this.

B. The Petition for Rulemaking

    The Center for Biological Diversity, along with 180 signatories, 
submitted a petition to GSA on February 3, 2022, requesting that the 
agency address single-use plastics through rulemaking. This ANPR, among 
other things, seeks to better understand the implications of any such 
rulemaking.

[[Page 40477]]

III. Request for Public Feedback

    GSA invites comment on the issues discussed in this ANPR to help 
inform future rulemaking on how to best reduce single-use plastics from 
packaging, while limiting burden and liability on our industry and 
logistics partners. Specifically, GSA seeks responses to the questions 
listed below. Please explain the reasoning behind your responses in 
detail. Also, provide any data, studies, or other evidence that 
supports your response. You do not have to answer all the questions in 
your response.
    To help GSA review comments efficiently, identify the question to 
which you are responding by its associated number and letter (e.g., 
``III. a'') or whether you are commenting on a topic not listed below.
    1. What is your role in your product's supply chain?
    Are you a manufacturer, distributor, reseller, or other (comments 
are encouraged from any impacted parties including local municipalities 
and economically and/or disadvantaged communities)?
    2. Does your company have control over the methodology in which 
your product is packaged for shipment?
    3. What are the differences between a paper based, aluminum based, 
or compostable packaging and a single-use plastic based packaging?
    a. What are the performance differences?
    b. What are the cost differences?
    4. Does your company have experience using environmentally 
preferable packaging?
    a. If an environmentally preferable option was utilized, what 
benefits did your company experience from such a change?
    b. What is the relationship between your packaging and your product 
branding?
    c. Will packaging be considered as part of your company's climate 
financial disclosure, if applicable?
    5. What is the best way for GSA to aid its contractors in moving to 
environmentally preferable packing and packaging? How quickly should it 
move?
    6. Are there any market, regulatory, statutory or cost barriers to 
selecting environmentally preferable packaging such as paper based or 
biodegradable packaging?
    If yes, please specify what the barrier is and what is creating the 
barrier (i.e., the product's casing or the shipment packaging).
    7. What should be considered when developing a timeline to 
implement regulatory changes in reducing single use plastic as either 
the primary product, or as the packaging material?
    8. Which, if any, single use plastic items GSA should choose not to 
contract for through its federal supply schedules? Are there exceptions 
GSA should make to ensure no harm to customer agency missions?
    9. How could compliance with reduced or eliminated plastic content 
be verified?
    a. How can GSA and industry take advantage of innovative 
technologies or business practices to improve accuracy of verification 
while minimizing the administrative burden on companies?
    b. Are there private sector standards, ecolabels, and/or 
certifications your company is using to meet environmentally preferred 
packaging goals?

IV. Request for Economic Data and Consumer Research

    Aside from the feedback questions listed above, GSA also seeks to 
better understand the economic impact regarding single-use plastic 
products, and single-use plastics in packaging and shipping, and what 
industry changes are feasible. GSA seeks economic data and consumer 
research to help increase its understanding of the market. In your 
response please consider the intent and details of the questions below. 
You do not have to answer all the questions in your response.
    To help GSA review comments efficiently, identify the question to 
which you are responding by its associated number and letter (e.g., 
``IV.1'') or whether you are commenting on a topic not listed below.
    1. What will the estimated cost be to change, reduce, or eliminate 
single-use plastic from your product lines?
    2. What will the estimated costs be to change, reduce, or eliminate 
single-use plastic packaging?
    3. Will a change from single-use plastic packaging result in a 
reduced cost in freight?
    4. What reporting or monitoring standards, if any, exist to track 
the use of more environmentally preferable packaging material?
    5. What is the liability risk of any of the purchased goods being 
damaged if packaging is reduced or changed?
    6. What other identifiable risks are posed to industry, the 
government, and overall economy if packaging is reduced or changed?

Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Governmentwide Policy, General Services Administration.
[FR Doc. 2022-14403 Filed 7-6-22; 8:45 am]
BILLING CODE 6820-61-P