[Federal Register Volume 71, Number 196 (Wednesday, October 11, 2006)]
[Proposed Rules]
[Pages 59862-59883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8368]
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Part II
Department of Agriculture
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Office of Energy Policy and New Uses
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7 CFR Part 2902
Designation of Biobased Items for Federal Procurement; Proposed Rule
Federal Register / Vol. 71, No. 196 / Wednesday, October 11, 2006 /
Proposed Rules
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DEPARTMENT OF AGRICULTURE
Office of Energy Policy and New Uses
7 CFR Part 2902
RIN 0503-AA32
Designation of Biobased Items for Federal Procurement
AGENCY: Office of Energy Policy and New Uses, 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, to add 10 sections to designate the following 10 items
within which biobased products would be afforded Federal procurement
preference, as provided for under section 9002 of the Farm Security and
Rural Investment Act of 2002: Bath and tile cleaners; clothing
products; concrete and asphalt release fluids; cutting, drilling, and
tapping oils; de-icers; durable films; firearm lubricants; floor
strippers; laundry products; and wood and concrete sealers. USDA also
is proposing minimum biobased content for each of these items. Once
USDA designates an item, procuring agencies are required generally to
purchase biobased products within these designated items where the
purchase price of the procurement item exceeds $10,000 or where the
quantity of such items or the functionally equivalent items purchased
over the preceding fiscal year equaled $10,000 or more.
DATES: USDA will accept public comments on this proposed rule until
December 11, 2006.
ADDRESSES: You may submit comments by any of the following methods. All
submissions received must include the agency name and Regulatory
Information Number (RIN). The RIN for this rulemaking is 0503-AA32.
Also, please identify submittals as pertaining to the ``Proposed
Designation of Items.''
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: [email protected]. Include RIN number 0503-AA32
and ``Proposed Designation of Items'' on the subject line. Please
include your name and address in your message.
Mail/commercial/hand delivery: Mail or deliver your
comments to: Marvin Duncan, USDA, Office of the Chief Economist, Office
of Energy Policy and New Uses, Room 4059, South Building, 1400
Independence Avenue, SW., MS-3815, Washington, DC 20250-3815.
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)401-4133 (TDD).
FOR FURTHER INFORMATION CONTACT: Marvin Duncan, USDA, Office of the
Chief Economist, Office of Energy Policy and New Uses, Room 4059, South
Building, 1400 Independence Avenue SW., MS-3815, Washington, DC 20250-
3815; e-mail: [email protected]; phone (202) 401-0461. Information
regarding the Federal Biobased Products Preferred Procurement Program
is available on the Internet at http://www.biobased.oce.usda.gov.
SUPPLEMENTARY INFORMATION: The information presented in this preamble
is organized as follows:
I. Authority
II. Background
III. Summary of Today's Proposed Rulemaking
IV. Designation of Items, Minimum Biobased Contents, and Time Frame
A. Background
B. Items Proposed for Designation
C. Minimum Biobased Contents
D. Effective Date for Procurement Preference and Incorporation
Into Specifications
V. Where Can Agencies Get More Information on These USDA-Designated
Items?
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 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 Compliance
I. Authority
The designation of these items is proposed under the authority of
section 9002 of the Farm Security and Rural Investment Act of 2002
(FSRIA), 7 U.S.C. 8102 (referred to in this document as ``section
9002'').
II. Background
Section 9002 of FSRIA, as amended by section 943 of the Energy
Policy Act of 2005, Pub. L. 109-58 (Energy Policy Act), provides for
the preferred procurement of biobased products by procuring agencies.
Section 943 of the Energy Policy Act amended the definitions section of
FSRIA, 7 U.S.C. 8101, by adding a definition of ``procuring agency''
that includes both Federal agencies and ``any person contracting with
any Federal agency with respect to work performed under that
contract.'' The amendment also made Federal contractors, as well as
Federal agencies, expressly subject to the procurement preference
provisions of section 9002 of FSRIA. However, because this program
requires agencies to incorporate the preference for biobased products
into procurement specifications, the statutory amendment makes no
substantive change to the program. USDA amended the Guidelines to
incorporate the new definition of ``procuring agency'' through an
interim final rule.
Procuring agencies must procure biobased products within each
designated item unless they determine that products within a designated
item 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
the Guidelines, biobased products that are merely incidental to Federal
funding are excluded from the preferred procurement program. In
implementing the 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 items for designation in this proposed
rule. Rather, the effect of the designation of the items is to require
procuring agencies to determine their performance needs, determine
whether there are qualified biobased products that fall under the
designated items 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.
Section 9002 also requires USDA to provide information to procuring
agencies on the availability, relative price, performance, and
environmental and public health benefits of such items and, under
section 9002(e)(1)(c), to recommend where appropriate the
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minimum level of biobased content to be contained in the procured
products.
Overlap with EPA Comprehensive Procurement Guidelines program for
recovered content products. Some of the biobased items designated for
preferred procurement may overlap with products designated under the
Environmental Protection Agency's (EPA) Comprehensive Procurement
Guidelines program for recovered content products. Where that occurs,
an EPA-designated recovered content product (also known as ``recycled
content products'' or ``EPA-designated products'') has priority in
Federal procurement over the qualifying biobased product. In situations
where USDA believes there may be an overlap, it plans to ask
manufacturers of qualifying biobased products to provide additional
product and performance information including 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 may also be asked to provide other
types of information, such as whether the product contains petroleum-,
coal-, or natural gas-based components and whether the product contains
recovered materials. Federal agencies may also ask manufacturers for
information on a product's biobased content and its profile against
environmental and human health measures and life cycle costs (the
Building for Environmental and Economic Sustainability (BEES) analysis
or ASTM International (ASTM) Standard D7075 for evaluating and
reporting on environmental performance of biobased products). Such
information will assist Federal agencies in determining whether the
biobased products in question are, or are not, the same products for
the same uses as the recovered content products and will be available
on USDA's Web site with its catalog of qualifying biobased products.
Where a biobased item is used for the same purposes and to meet the
same 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
certain environmental or health requirements that the EPA-designated
recovered content product would not meet, then the biobased product
should be given preference, subject to cost, availability, and
performance.
Federal Government Purchase of ``Green'' Products. Three components
of the Federal government's green purchasing program are the Biobased
Products Preferred Purchasing Program, the Environmental Protection
Agency's Comprehensive Procurement Guidelines for products containing
recovered materials, and the Environmentally Preferable Products
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, or
workers. When purchasing environmentally preferable cleaning products,
many Federal agencies specify that products must meet Green Seal
standards for institutional cleaning products or that products have
been reformulated in accordance with recommendations from the U.S.
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.
On the other hand, some biobased products may be better for the
environment 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
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 it introduces (and to what degree) new, fossil carbon into the
atmosphere. Qualifying biobased products offer the user the opportunity
to manage the carbon cycle and limit the introduction of new, fossil
carbon into the atmosphere, whereas non-biobased products derived from
fossil fuels add new, fossil carbon to the atmosphere.
Manufacturers of qualifying biobased products under the Federal
Biobased Products Preferred Procurement Program (FB4P) 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 BEES analysis, which examines 11 different environmental
parameters, including human health, or the comparable ASTM D7505.
Therefore, USDA encourages Federal procurement agencies to examine all
available information on the environmental and human health effects of
products when making their purchasing decisions.
Green Building Council. More than a dozen Federal agencies use the
U.S. Green Building Council's Leadership in Energy and Environmental
Design (LEED) Green Building Rating Systems for new construction,
building renovation, and building operation and maintenance. The
systems provide criteria for implementing sustainable design principles
in building design, construction, operation, and maintenance. Points
are assigned to each criterion, and building projects can be certified
to be ``certified,'' ``silver,'' ``gold,'' or ``platinum'' depending on
the number of points for which the project qualifies. LEED for New
Construction and Major Renovations (LEED-NC) includes a ``Materials &
Resources'' criterion, with one point allocated for the use of rapidly
renewable materials. Thus, the use of biobased construction products
can help agencies obtain LEED certification for their building
construction projects.
Interagency Council. USDA has created, and is chairing, an
``interagency council,'' with membership selected from among Federal
stakeholders to the FB4P. To augment its own research, USDA consults
with this council in identifying the order of item designation,
manufacturers producing and marketing products that fall within an item
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.
Other Preferred Procurement Programs. Federal procurement officials
should also note that biobased products may be available for purchase
by Federal agencies through the Javits-Wagner-O'Day (JWOD) program.
Under this program, members of organizations including the National
Industries for the Blind and the National Industries for the
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Severely Handicapped offer products and services for preferred
procurement by Federal agencies. A search of the JWOD online catalog
(www.jwod.com) indicated that three of the items being proposed today
(bath and tile cleaners, floor strippers, and laundry products) are
available through the JWOD program. While none of the specific products
within these items are identified in the JWOD online catalog as being
biobased products, it is possible that biobased products are available
or will be available in the future. Also, because additional categories
of products are frequently added to the JWOD program, it is possible
that biobased products within other items being proposed for
designation today may be available through the JWOD program in the
future. Procurement of biobased products through the JWOD program would
further the objectives of both the JWOD program and the FB4P program.
III. Summary of Today's Proposed Rulemaking
Today, USDA is proposing to designate the following 10 items for
preferred procurement: Bath and tile cleaners; clothing products;
concrete and asphalt release fluids; cutting, drilling, and tapping
oils; de-icers; durable films; firearm lubricants; floor strippers;
laundry products; and wood and concrete sealers. USDA is also proposing
minimum biobased content for each of these items (see Section IV.C).
Lastly, USDA is proposing a date by which Federal agencies must
incorporate designated items into their procurement specifications (see
Section IV.D).
In today's proposed rulemaking, 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 10 designated items. Information on the
availability, relative price, performance, and environmental and public
health benefits of individual products within each of these 10 items is
not presented in this notice. Further, USDA has reached an agreement
with manufacturers not to publish their names in the Federal Register
when designating items. This agreement was reached to encourage
manufacturers to submit products for testing to support the designation
of an item. Once an item has been designated, USDA will encourage the
manufacturers of products within the designated item to voluntarily
post their names and other contact information on the USDA FB4P Web
site.
Warranties. Some of the items being proposed for designation today
may affect maintenance warranties. As time and resources allow, USDA
will work with manufacturers on addressing any effect the use of
biobased products may have on maintenance warranties. At this time,
however, USDA does not have information available as to whether or not
the manufacturers will state that the use of these products will void
maintenance warranties. USDA encourages manufacturers of biobased
products to work with original equipment manufacturers (OEMs) to ensure
that biobased products will not void maintenance warranties when used.
USDA is willing to assist manufacturers of the biobased products, if
they find that existing performance standards for maintenance
warranties are not relevant or appropriate for biobased products, in
working with the appropriate OEMs to develop tests that are relevant
and appropriate for the end uses in which biobased products are
intended. If despite these efforts there is insufficient information
regarding the use of a biobased product and its effect of maintenance
warranties, USDA notes that 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 its FB4P Web site.
Additional Information. USDA is working with manufacturers and
vendors to post all relevant product and manufacturer contact
information on the FB4P Web site before a procuring agency asks for it,
in order to make the preferred program more efficient. Steps USDA has
implemented, or will implement, include: making direct contact with
submitting companies through email 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 items through
the following Web site: http://www.biobased.oce.usda.gov.
Comments. USDA invites comment on the proposed designation of these
10 items, including the definition, proposed minimum biobased content,
and any of the relevant analyses performed during the selection of
these items. In addition, USDA invites comments and information in the
following areas:
1. One of the items being proposed for designation (durable plastic
films) may overlap with one of the products designated under EPA's
Comprehensive Procurement Guidelines for products containing recovered
material. To help procuring agencies in making their purchasing
decisions between biobased products within the proposed designated
items 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. De-icers are used in a variety of applications and settings. In
today's proposed rulemaking, this item would not apply to de-icers used
at airports to de-ice airplanes and runways. USDA is seeking comment on
whether this is appropriate; that is, whether there are differences in
the de-icers used at airports and the de-icers used elsewhere that
would preclude this item from including airport de-icers. Please
provide detailed rationale and information to support your comments.
3. We are proposing a single item designation for bath and tile
cleaners. We are seeking comment as to whether there are different
performance standards for this item and, if so, whether USDA should
consider either creating subcategories within this item, each with its
own minimum biobased content, or limiting the scope of the current item
and proposing one or more new items for bath and tile cleaners. In your
comments, please be sure to identify specific performance standards and
rationale for either subdividing the current proposed item or for
limiting the scope of the current proposed item and proposing one or
more new items for bath and tile cleaners.
4. We have attempted to identify relevant and appropriate
performance standards and other relevant measures of performance for
each of the proposed items. If you know of other such standards or
relevant measures of performance for the proposed items, 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
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standard/measure, and describing the circumstances under which the
product is being used.
5. We are proposing a minimum biobased content for biobased
clothing based on a projected blend of biobased material with non-
qualifying biobased material or with non-biobased material. USDA
requests information from manufacturers of biobased clothing on what
blends are being used today or that might be reasonably forecast to be
used in the future. Please provide specific information, including
discussion on why you use or will use particular blends and what those
blends levels are or are projected to be.
6. Many biobased products within the items 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 FB4P Web site. This information
will then be available to Federal procuring agencies and will assist
them in making ``best value'' purchase decisions. When possible, please
provide appropriate documentation to support the environmental and
human health attributes you describe.
To assist you in developing your comments, the background
information used in proposing these items for designation can be found
on the FB4P Web site. All comments should be submitted as directed in
the ADDRESSES section above.
IV. Designation of Items, Minimum Biobased Contents, and Time Frame
A. Background
In order to designate items (generic groupings of specific products
such as crankcase oils or products that contain qualifying biobased
fibers) for preferred procurement, section 9002 requires USDA to
consider: (1) The availability of items; and (2) the economic and
technological feasibility of using the items, including the life cycle
costs of the items.
In considering an item's availability, USDA uses several sources of
information. USDA performs Internet searches, contacts trade
associations (such as the Biobased Manufacturers Association) 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 individual
manufacturers and vendors to identify those manufacturers and vendors
with biobased products within items being considered for designation.
USDA uses the results of these same searches to determine if an item is
generally available.
In considering an item's economic and technological feasibility,
USDA examines evidence pointing to the general commercial use of an
item and its cost and performance characteristics. This information is
obtained from the sources used to assess an item'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 an item being purchased by a
procuring agency or other entity, where available. In sum, USDA
considers an item economically and technologically feasible for
purposes of designation if products within that item are being offered
and used in the marketplace.
In considering the life cycle costs of items proposed for
designation, USDA uses the BEES analytical tool to test individual
products within each proposed item. (Detailed information on this
analytical tool can be found on the Web site http://www.bfrl.nist.gov/oae/software/bees.html.) The BEES analytical tool measures the
environmental performance and the economic performance of a product.
Environmental performance is measured in the BEES analytical tool
using the internationally-standardized and science-based life cycle
assessment approach specified in the International Organization for
Standardization (ISO) 14000 standards. The BEES environmental
performance analysis includes human health as one of its components.
All stages in the life of a product are analyzed: Raw material
production; manufacture; transportation; installation; use; and
recycling and waste management. The time period over which
environmental performance is measured begins with raw material
production and ends with disposal (waste management). The BEES
environmental performance analysis also addresses products made from
biobased feedstocks.
Economic performance in the BEES analysis is measured using the
ASTM standard life cycle cost method (ASTM E917), which covers the
costs of initial investment, replacement, operation, maintenance and
repair, and disposal. The time frame for economic performance extends
from the purchase of the product to final disposal.
USDA then utilizes the BEES results of individual products within a
designated item in its consideration of the life cycle costs at the
item level. There is a single unit of comparison associated with each
designated item. The basis for the unit of comparison is the
``functional unit,'' defined so that the products compared are true
substitutes for one another. If significant differences have been
identified in the useful lives of alternative products within a
designated item (e.g., if one product lasts twice as long as another),
the functional unit will include reference to a time dimension to
account for the frequency of product replacement. The functional unit
also will account for products used in different amounts for equivalent
service. For example, one surface coating product may be
environmentally and economically preferable to another on a pound-for-
pound basis, but may require twice the mass to cover one square foot of
surface, and last half as long, as the other product. To account for
these performance differences, the functional unit for the surface
coating item could be ``one square foot of application for 20 years''
instead of ``one pound of surface coating product.'' The functional
unit provides the critical reference point to which all BEES results
for products within an item are scaled. Because functional units vary
from item to item, performance comparisons are valid only among
products within a designated item.
The complete results of the BEES analysis, extrapolated to the item
level, for each item proposed for designation in today's proposed
rulemaking can be found at http://www.biobased.oce.usda.gov.
As discussed above, the BEES analysis includes information on the
environmental performance, human health impacts, and economic
performance. In addition, ASTM D7505, which manufacturers may use in
lieu of the BEES analytical tool, provides similar information. USDA is
working with manufacturers and vendors to post this information on the
FB4P Web site before a procuring agency asks for it, in order to make
the 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 post this information,
including manufacturer contact information, on the FB4P Web site to
make it available to procurement officials. Additional information on
specific products within the items proposed for designation may also be
obtained directly from the manufacturers of the products.
USDA recognizes that information related to the functional
performance of biobased products is a primary factor in making the
decision to purchase these
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products. USDA is gathering from manufacturers of biobased products
being considered for designation information on industry standard test
methods that they are using to evaluate the functional performance of
their products. Additional standards are also being 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 item proposed for designation (presented in Section IV.B) the
functional performance test methods identified during the development
of this Federal Register notice for these 10 items. While this process
identifies many of the relevant standards, USDA recognizes that the
performance test methods identified herein do not represent all of the
methods that may be applicable for a designated item or for any
individual product within the designated item. 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 FB4P Web site.
In gathering information relevant to the analyses discussed above,
USDA has made extensive efforts to contact and request information and
product samples from representatives of all known manufacturers of
products within the items proposed for designation. However, because
the submission of information is on a strictly voluntary basis, USDA
was able to obtain information and samples only from those
manufacturers who were willing voluntarily to invest the resources
required to gather and submit the information and samples. USDA used
the samples to test for biobased content and the information to conduct
the BEES analyses. The data presented are all the data that were
submitted in response to USDA requests for information from all known
manufacturers of the products within the 10 items proposed for
designation. While USDA would prefer to have complete data on the full
range of products within each item, the data that were submitted are
sufficient to support designation of the items in today's proposed
rulemaking.
To propose an item for designation, USDA must have sufficient
information on a sufficient number of products within an item to be
able to assess its availability and its economic and technological
feasibility, including its life cycle costs. For some items, there may
be numerous products available. For other items, there may be very few
products currently available. Given the infancy of the market for some
items, it is not unexpected that even single-product items 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 that the
identification of two or more biobased products within an item, or even
a single product with two or more suppliers, is sufficient to consider
the designation of that item. Similarly, the documented availability,
benefits, and life cycle costs of even a very small percentage of all
products that may exist within an item are also considered sufficient
to support designation.
B. Items Proposed for Designation
USDA uses a model (as summarized below) to identify and prioritize
items for designation. Through this model, USDA has identified over 100
items for potential designation under the preferred procurement
program. A list of these items and information on the model can be
accessed on the USDA biobased program Web site at http://www.biobased.oce.usda.gov.
In general, items 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 independent manufacturers. These evaluations begin by
asking the following questions about the products within an item:
Are they cost competitive with non-biobased products?
Do they meet industry performance standards?
Are they readily available on the commercial market?
In addition to these primary concerns, USDA then considers the
following points:
Are there manufacturers interested in providing the
necessary test information on products within a particular item?
Are there a number of manufacturers producing biobased
products in this item?
Are there products available in this item?
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 an item create a high demand for biobased feed stock?
Does manufacturing of products within this item increase
potential for rural development?
After completing this evaluation, USDA prioritizes the list of
items for designation. USDA then gathers information on products within
the highest priority items and, as sufficient information becomes
available for groups of approximately 10 items, a new rulemaking
package will be developed to designate the items within that group. The
list of items may change, with items being added or dropped, and the
order in which items are proposed for designation is likely to change
because the information necessary to designate an item may take more
time to obtain than an item lower on the list.
In today's proposed rulemaking, USDA is proposing to designate 10
items for the preferred procurement program: Bath and tile cleaners;
clothing products; concrete and asphalt release fluids; cutting,
drilling, and tapping oils; de-icers; durable films; firearm
lubricants; floor strippers; laundry products; and wood and concrete
sealers. USDA has determined that each of these 10 items 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 10 items 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.
Mature Markets. Section 2902.5(c)(2) of the final guidelines states
that USDA will not designate items for preferred procurement that are
determined to have mature markets. Mature markets are described as
items that had significant national market penetration in 1972. USDA
contacted manufacturers, manufacturing associations, and industry
researchers to determine if, in 1972, biobased products had a
significant market share within
[[Page 59867]]
any of the items proposed for designation today. USDA found that
biobased products within none of the 10 items proposed for designation
today had a significant market share in 1972 and that, generally, the
companies that produce biobased products within these proposed
designated items have been in business for only 10 to 20 years.
Overlap with EPA-Designated Recovered Content Products. In today's
proposed rule, one of the 10 items may overlap with the EPA-designated
recovered content product ``Nonpaper Office Products: Plastic trash
bags.'' This item is durable plastic films. For this item, USDA is
requesting that certain information on the qualifying biobased products
be made available by its manufacturers to assist Federal agencies in
determining if an overlap exists between durable plastic films and
plastic trash bags (the applicable EPA-designated recovered content
product). As noted earlier in this preamble, 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 FB4P Web site.
Exemptions. When proposing items for preferred procurement under
the FB4P, USDA will identify, on an item-by-item basis, any item that
would be exempt from preferred procurement on the basis of their use in
products and systems designed or procured for combat or combat-related
missions. USDA believes it is inappropriate to apply the biobased
purchasing requirement to tactical equipment unless the Department of
Defense has documented that these products can meet the performance
requirements for such equipment and are available in sufficient supply
to meet domestic and overseas deployment needs. After evaluating these
situations for each of the 10 items being proposed for designation,
USDA is proposing to exempt firearm lubricants, de-icers, and clothing
products from preferred procurement under the FB4P when used in combat
or combat-related missions.
USDA is proposing an exemption for all designated items when used
in spacecraft systems and launch support equipment, because failure of
such items could lead to catastrophic consequences. Many, if not all,
items that USDA is or is planning to designate for preferred
procurement are or will be used in space applications. Frequently, such
applications used these items in ways that are different from their
more ``conventional'' use on Earth. It is difficult, if not impossible,
to forecast what situations may occur when these items are used in
space and how they will perform. Therefore, USDA believes it is
reasonable to limit the preferred procurement program to items used in
more conventional applications and is proposing to exempt all
designated items used in space applications from the FB4P.
For each item being proposed for exemption, the exemption does not
extend to contractors performing work for DoD or NASA. For example, if
a contractor is producing a part for use on the space shuttle, the
metalworking fluid the contractor uses to produce the part should be
biobased (provided it meets the specifications for metalworking). 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 applications. For example, if the part being produced by the
contractor would actually be part of the space shuttle, then the
exemption applies.
Each of the 10 proposed designated items are discussed in the
following sections.
1. Bath and Tile Cleaners
Bath and tile cleaners are products designed to clean deposits on
bath tubs, shower doors, shower curtains, bathroom tiles, floors,
doors, counter tops, etc. They are available both in concentrated and
ready-to-use forms.
As noted earlier in this preamble, USDA is requesting comment on
whether there should be one or more subcategories within this item
based on required performance properties of the item. For example, bath
and tile cleaners used in medical situations might be required to meet
different performance standards from those used in households. If this
is the case, then there may be differences in the level of biobased
content depending on the performance standard to be met. As proposed,
USDA is not differentiating between settings in which bath and tile
cleaners are used.
Procuring agencies should note that, as discussed in section II of
this preamble, not all biobased cleaning products are ``environmentally
preferable'' to non-biobased products. Unless cleaning products have
been formulated to contain no (or reduced levels of) metals and toxic
and hazardous constituents, they can be harmful to aquatic life, the
environment, or workers. When purchasing environmentally preferable
cleaning products, Federal agencies must compare the ``cradle-to-
grave'' impacts of the manufacture, use, and disposal of both biobased
and non-biobased products.
For bath and tile cleaners, USDA identified 16 different
manufacturers producing 29 individual biobased products. These 16
manufacturers do not necessarily include all manufacturers of biobased
bath and tile cleaners, merely those identified during USDA information
gathering activities. Information supplied by these manufacturers
indicates that these products are typically tested against an industry
performance standard and are being used commercially. While other
applicable performance standards may exist, applicable industry
performance standards against which these products have been typically
tested, as identified by manufacturers of products within this item,
include:
Boeing Specification D6-7127, Cleaning Interiors
of Commercial Transport Aircraft.
Green Seal GS-37, Green Seal Environmental
Standard for General-Purpose, Bathroom, Glass, and Carpet Cleaners Used
for Industrial and Institutional Purposes.
USDA contacted procurement officials with various procuring
agencies including GSA, several offices within the Defense Logistics
Agency, the OFEE, USDA Departmental Administration, the National Park
Service, EPA, Oak Ridge National Laboratory, and OMB in an effort to
gather information on the purchases of bath and tile cleaners and
products within the other nine items proposed for designation today.
Communications with these officials lead to the conclusion that
obtaining credible current usage statistics and specific potential
markets within the Federal government for biobased products within the
10 proposed designated items is not possible at this time. Most of the
contacted officials reported that procurement data are reported in
higher level groupings of materials and supplies than the proposed
designated items. Also, the purchasing of such materials as part of
contracted services and with individual purchase cards used to purchase
products locally further obscures credible data on purchases of
specific products.
USDA also investigated the Web site FEDBIZOPPS.gov, a site which
lists Federal contract purchase opportunities greater than $25,000. The
information provided on this Web site, however, is for broad categories
of products rather than the specific types of products that are
included in today's rulemaking. Therefore, USDA has been unable to
obtain data on the amount of bath and
[[Page 59868]]
tile cleaners purchased by procuring agencies. However, Federal
agencies routinely perform cleaning activities, or procure contract
services, for cleaning their bathroom facilities. Thus, they have a
need for bath and tile cleaners and for services that require the use
of bath and tile cleaners. Designation of bath and tile cleaners will
promote the use of biobased products, furthering the objectives of this
program.
An analysis of the environmental and human health benefits and the
life cycle costs of biobased bath and tile cleaners was performed for
two of the products using the BEES analytical tool. Table 1 summarizes
the BEES results for the two bath and tile cleaners. As seen in Table
1, the environmental performance score, which includes human health,
ranges from 0.0129 to 0.0130 points per gallon of bath and tile
cleaner. The environmental performance score indicates the share of
annual per capita U.S. environmental impacts that is attributable to
one gallon of the product, expressed in 100ths of 1 percent. For
example, the total amount of criteria air pollutants emitted in the
U.S. in one year was divided by the total U.S. population to derive a
``criteria air pollutants per person value.'' The production and use of
one gallon of bath and tile cleaner sample A was estimated to
contribute 0.000002 percent of this value.
Table 1.--Summary of BEES Results for Bath and Tile Cleaners
------------------------------------------------------------------------
Bath and tile cleaners
Parameters -------------------------------
Sample A Sample B
------------------------------------------------------------------------
BEES Environmental Performance--Total 0.0130 0.0129
Score\1\...............................
Acidification (5%).................. 0.0000 0.0000
Criteria Air Pollutants (6%)........ 0.0002 0.0001
Ecological Toxicity (11%)........... 0.0004 0.0052
Eutrophication (5%)................. 0.0044 0.0003
Fossil Fuel Depletion (5%).......... 0.0029 0.0031
Global Warming (16%)................ 0.0024 0.0011
Habitat Alteration (16%)............ 0.0000 0.0000
Human Health (11%).................. 0.0010 0.0013
Indoor Air (11%).................... 0.0000 0.0000
Ozone Depletion (5%)................ 0.0000 0.0000
Smog (6%)........................... 0.0015 0.0005
Water Intake (3%)................... 0.0002 0.0013
Economic Performance (Life Cycle Costs 1.69 7.43
($)) \2\...............................
First Cost.......................... 1.69 7.43
Future Cost (3.9%).................. (\3\) (\3\)
-------------------------------
Functional Unit......................... 1 gallon of bath and tile
cleaner.
------------------------------------------------------------------------
\1\ Numbers in parentheses indicate weighting factor.
\2\ Costs are per functional unit.
\3\ For this item, no significant/quantifiable performance or durability
differences were identified among competing alternative products.
Therefore, future costs were not calculated.
When evaluating the information presented in Table 1, as well as in
the subsequent tables presented in this preamble, it should be noted
that comparisons of the environmental performance scores are valid only
among products within a designated item. Thus, comparisons of the
scores presented in Table 1 and the scores presented in tables for
other proposed designated items are not meaningful.
The numbers in parentheses following each of the 12 environmental
impacts listed in the tables in this preamble indicate weighting
factors. The weighting factors represent the relative importance of the
12 environmental impacts, including human health impacts, that
contribute to the BEES Environmental Score. They are derived from lists
of the relative importance of these impacts developed by the EPA
Science Advisory Board for the purpose of advising EPA as to how best
to allocate its limited resources among environmental impact areas.
Note that a lower Environmental Performance score is better than a
higher score.
Life cycle costs presented in the tables in this preamble are per
the appropriate functional unit for the proposed designated item.
Future costs are discounted to present value using the OMB discount
rate of 3.9 percent.
The life cycle costs of the submitted bath and tile cleaners range
from $1.69 to $7.43 (present value dollars) per gallon. Present value
dollars presented in this preamble represent the sum of all costs
associated with a product over a fixed period of time, including any
applicable costs for purchase, installation, replacement, operation,
maintenance and repair, and disposal. Present value dollars presented
in this preamble reflect 2006 dollars. Dollars are expressed in present
value terms to adjust for the effects of inflation. The complete
results of the BEES analysis, extrapolated to the item level, for each
item proposed for designation in today's proposed rulemaking can be
found at http://www.biobased.oce.usda.gov.
2. Clothing Products
Clothing products are coverings designed to be worn on a person's
body. These products include coverings for the torso and limbs, as well
as coverings for the hands, feet, and head. While this item applies to
all types of clothing, some products within this item may not be
applicable to specialized types of clothing, such as those categorized
as person protective devices. Procuring agencies, therefore, need to
assess an individual product's performance specifications for
applicability for such specialized types of clothing.
For the reasons cited earlier in this notice, USDA is proposing to
exempt this item from preferred procurement under the FB4P when used in
products and systems designed or procured for combat or combat-related
missions and in spacecraft systems and launch support equipment.
For biobased clothing products, USDA identified 3 different
manufacturers producing 5 individual biobased products. These 3
[[Page 59869]]
manufacturers do not necessarily include all manufacturers of biobased
clothing products, merely those identified during USDA information
gathering activities. Information supplied by these manufacturers
indicates that many of these products are typically tested against
multiple industry standards and are being used commercially. While
other applicable performance standards may exist, applicable industry
performance standards against which these products have been typically
tested, as identified by manufacturers of products within this item,
include:
NATICK Military Wicking Rate of Fabric;
NATICK Military Air Permeability;
NATICK Military Fabric Count;
NATICK Military Weight;
NATICK Military Seam Strength;
NATICK Military Burst Strength;
NATICK Military MVT Rate;
NATICK Military pH; and
NATICK Military Dimensional Stability.
USDA attempted to gather data on the potential market for biobased
products within the Federal government as discussed in the section on
bath and tile cleaners. These attempts were largely unsuccessful.
However, various Federal agencies procure clothing products for use by
their employees. Thus, they have a need for clothing products.
Designation of clothing products will promote the use of biobased
products, furthering the objectives of this program.
An analysis of the environmental and human health benefits and the
life cycle costs of biobased clothing products was performed for one of
the products using the BEES analytical tool. Table 2 summarizes the
BEES results for the clothing product. As seen in Table 2, the
environmental performance score, which includes human health, is 0.0143
points per one XL T-shirt. The environmental performance score
indicates the share of annual per capita U.S. environmental impacts
that is attributable to one case of the product, expressed in 100ths of
1 percent.
Table 2.--Summary of BEES Results for Clothing Products
------------------------------------------------------------------------
Clothing
products
Parameters -----------------
Sample A
------------------------------------------------------------------------
BEES Environmental Performance--Total Score \1\....... 0.0143
Acidification (5%)................................ 0.0000
Criteria Air Pollutants (6%)...................... 0.0001
Ecological Toxicity (11%)......................... 0.0010
Eutrophication (5%)............................... 0.0002
Fossil Fuel Depletion (5%)........................ 0.0073
Global Warming (16%).............................. 0.0019
Habitat Alteration (16%).......................... 0.0000
Human Health (11%)................................ 0.0024
Indoor Air (11%).................................. 0.0000
Ozone Depletion (5%).............................. 0.0000
Smog (6%)......................................... 0.0006
Water Intake (3%)................................. 0.0008
Economic Performance (Life Cycle Costs ($)) \2\....... 12.50
First Cost........................................ 12.50
Future Cost (3.9%)................................ (\3\)
Functional Unit................................... (\4\)
------------------------------------------------------------------------
\1\ Numbers in parentheses indicate weighting factor.
\2\ Costs are per functional unit.
\3\ For this item, no significant/quantifiable performance or durability
differences were identified among competing alternative products.
Therefore, future costs were not calculated.
\4\ One XL T-shirt.
The life cycle costs of the submitted clothing product is $12.50
(present value dollars) per XL T-shirt.
3. Concrete and Asphalt Release Fluids
Concrete and asphalt release fluids are products designed to
provide a lubricating barrier between the composite surface materials
(e.g., concrete or asphalt) and the container (e.g., wood or metal
forms, truck beds, roller surfaces, etc.). They provide a non-sticking
surface to help prevent waste and to improve clean up procedures.
For reasons cited earlier in this notice, USDA is proposing to
exempt this item from preferred procurement under FB4P when used in
spacecraft systems and launch support equipment.
For biobased concrete and asphalt release fluids, USDA identified
23 different manufacturers producing 37 individual products. These 23
manufacturers do not necessarily include all manufacturers of biobased
concrete and asphalt release fluids, merely those identified during
USDA information gathering activities. Information supplied by these
manufacturers indicates that these products are typically tested
against multiple industry performance standards and are being used
commercially. While other applicable performance standards may exist,
applicable industry performance standards against which these products
have been typically tested, as identified by manufacturers of products
within this item, include:
ASTM D445-04e2, Standard Test Method for Kinematic
Viscosity of Transparent and Opaque Liquids (and the Calculation of
Dynamic Viscosity);
ASTM 5864-00, Standard Test Method for Determining Aerobic
Aquatic Biodegradation of Lubricants or Their Components;
ASTM D92, Standard Test Method for Flash and Fire Points
by Cleveland Open Cup Tester; and
ASTM D97, Standard Test Method for Pour Point of Petroleum
Products.
USDA attempted to gather data on the potential market for biobased
products within the Federal government as discussed in the section on
bath and tile cleaners. These attempts were largely unsuccessful.
However, Federal agencies routinely procure such products for paving
and construction, or contract for paving and construction services
involving the use of such products. Thus, they have a need for
[[Page 59870]]
concrete and asphalt release fluids and for services that use concrete
and asphalt release fluids. Designation of biobased concrete and
asphalt release fluids will promote the use of biobased products,
furthering the objectives of this program.
An analysis of the environmental and human health benefits and the
life cycle costs of biobased concrete and asphalt release fluids was
performed for two of the products using the BEES analytical tool. Table
3 summarizes the BEES results for the two biobased concrete and asphalt
release fluids. As seen in Table 3, the environmental performance
score, which includes human health, ranges from 0.5194 to 0.7453 points
per 1000 gallons of release product (diluted and ready for use). The
environmental performance score indicates the share of annual per
capita U.S. environmental impacts that is attributable to 1000 gallons
of the product (diluted and ready for use), expressed in 100ths of 1
percent.
Table 3.--Summary of BEES Results for Concrete and Asphalt Release
Fluids
------------------------------------------------------------------------
Concrete and asphalt release
fluids
Parameters -------------------------------
Sample A Sample B
------------------------------------------------------------------------
BEES Environmental Performance--Total 0.7453 0.5194
Score \1\..............................
Acidification (5%).................. 0.0001 0.0000
Criteria Air Pollutants (6%)........ 0.0077 0.0053
Ecological Toxicity (11%)........... 0.0827 0.0252
Eutrophication (5%)................. 0.0121 0.0290
Fossil Fuel Depletion (5%).......... 0.3097 0.2624
Global Warming (16%)................ 0.0927 0.0616
Habitat Alteration (16%)............ 0.0000 0.0000
Human Health (11%).................. 0.1203 0.0883
Indoor Air (11%).................... 0.0000 0.0000
Ozone Depletion (5%)................ 0.0000 0.0000
Smog (6%)........................... 0.0526 0.0123
Water Intake (3%)................... 0.0674 0.0353
Economic Performance (Life Cycle Costs 604.82 154.97
($)) \2\...............................
First Cost.......................... 604.82 154.97
Future Cost (3.9%).................. (\3\) (\3\)
-------------------------------
Functional Unit......................... 1,000 gallons of release
product (diluted and ready for
use).
------------------------------------------------------------------------
\1\ Numbers in parentheses indicate weighting factor.
\2\ Costs are per functional unit.
\3\ For this item, no significant/quantifiable performance or durability
differences were identified among competing alternative products.
Therefore, future costs were not calculated.
The life cycle cost of the submitted concrete and asphalt release
fluids was $154.97 to $604.82 (present value dollars) per 1000 gallons
of product, diluted and ready for use.
4. Cutting, Drilling, and Tapping Oils
Cutting, drilling, and tapping oils are products designed to
provide lubrication and reduce wear and friction on the contact parts
for cutting, drilling, and tapping machinery, helping these parts last
longer. This item only applies to neat oils, and does not apply to
water emulsions.
For the reasons cited earlier in this notice, USDA is proposing to
exempt this item from preferred procurement under the FB4P when used in
products and systems designed or procured for spacecraft systems and
launch support equipment.
For biobased cutting, drilling, and tapping oils, USDA identified
13 different manufacturers producing 33 individual biobased products.
These 13 manufacturers do not necessarily include all manufacturers of
biobased cutting, drilling, and tapping oils, merely those identified
during USDA information gathering activities. Information supplied by
these manufacturers indicates that many of these products have been
tested against multiple industry performance standards and are being
used commercially. While other applicable performance standards may
exist, applicable industry performance standards against which these
products have been typically tested, as identified by manufacturers of
products within this item, include:
ASTM D130, Standard Test Method for Corrosiveness to
Copper from Petroleum Products by Copper Strip Test;
ASTM D1401-02, Standard Test Method for Water Separability
of Petroleum Oils and Synthetic Fluids;
ASTM D1748-02, Standard Test Method for Rust Protection by
Metal Preservatives in the Humidity Cabinet;
ASTM D2266-01, Standard Test Method for Wear Preventive
Characteristics of Lubricating Grease (Four-Ball Method);
ASTM D2270-04, Standard Practice for Calculating Viscosity
Index From Kinematic Viscosity at 40 and 100 [deg]C;
ASTM D2783-03, Standard Test Method for Measurement of
Extreme-Pressure Properties of Lubricating Fluids (Four-Ball Method);
ASTM D287-92(2000)e1, Standard Test Method for API Gravity
of Crude Petroleum and Petroleum Products (Hydrometer Method);
ASTM D2982-98(2004), Standard Test Method for Detecting
Glycol-Base Antifreeze in Used Lubricating Oils;
ASTM D2983-04a, Standard Test Method for Low-Temperature
Viscosity of Lubricants Measured by Brookfield Viscometer;
ASTM D3233-93(2003), Standard Test Methods for Measurement
of Extreme Pressure Properties of Fluid Lubricants (Falex Pin and Vee
Block Methods);
ASTM D455, Standard Test Method for Kinematic Viscosity of
Transparent and Opaque Liquids (and the Calculation of Dynamic
Viscosity);
ASTM D56-05, Standard Test Method for Flash Point by Tag
Closed Cup Tester;
ASTM D5864-00, Standard Test Method for Determining
Aerobic
[[Page 59871]]
Aquatic Biodegradation of Lubricants or Their Components;
ASTM D5985, Standard Test Method for Pour Point of
Petroleum Products (Rotational Method);
ASTM D665, Standard Test Method for Rust-Preventing
Characteristics of Inhibited Mineral Oil in the Presence of Water;
ASTM D92, Standard Test Method for Flash and Fire Points
by Cleveland Open Cup Tester;
ASTM D97, Standard Test Method for Pour Point of Petroleum
Products;
Environmental Protection Agency 600/4-90-027,
Methods for Measuring the Acute Toxicity of Effluents and Receiving
Waters to Freshwater and Marine Organisms; and
Environmental Protection Agency 560/6-82-003,
Biodegradability.
USDA attempted to gather data on the potential market for biobased
products within the Federal government as discussed in the section on
bath and tile cleaners. These attempts were largely unsuccessful.
However, Federal agencies routinely own and operate cutting, drilling,
and tapping machinery. In addition, many Federal agencies contract for
services involving the use of such equipment. Thus, they have a need
for cutting, drilling, and tapping oils and for services that require
the use of machinery which requires cutting, drilling, and tapping
oils. Designation of cutting, drilling, and tapping oils will promote
the use of biobased products, furthering the objectives of this
program.
An analysis of the environmental and human health benefits and the
life cycle costs of cutting, drilling, and tapping oils was performed
for two of the products using the BEES analytical tool. Table 4
summarizes the BEES results for the two tapping oils. As seen in Table
4, the environmental performance score, which includes human health,
ranges from 0.0296 to 0.0607 points per gallon of tapping oil. The
environmental performance score indicates the share of annual per
capita U.S. environmental impacts that is attributable to one gallon of
tapping oil, expressed in 100ths of 1 percent.
Table 4.--Summary of BEES Results for Cutting, Drilling, and Tapping
Oils
------------------------------------------------------------------------
Cutting, drilling, and tapping
oils
Parameters -------------------------------
Sample A Sample B
------------------------------------------------------------------------
BEES Environmental Performance--Total 0.0607 0.0296
Score \1\..............................
Acidification (5%).................. 0.0000 0.0000
Criteria Air Pollutants (6%)........ 0.0002 0.0002
Ecological Toxicity (11%)........... 0.0018 0.0067
Eutrophication (5%)................. 0.0003 0.0051
Fossil Fuel Depletion (5%).......... 0.0163 0.0070
Global Warming (16%)................ 0.0334 0.0038
Habitat Alteration (16%)............ 0.0000 0.0000
Human Health (11%).................. 0.0068 0.0027
Indoor Air (11%).................... 0.0000 0.0000
Ozone Depletion (5%)................ 0.0000 0.0000
Smog (6%)........................... 0.0012 0.0017
Water Intake (3%)................... 0.0007 0.0024
Economic Performance (Life Cycle 152.15 20.00
Costs($)) \2\......................
First Cost.......................... 152.15 20.00
Future Cost (3.9%).................. (\3\) (\3\)
-------------------------------
Functional Unit......................... One gallon of tapping oil
------------------------------------------------------------------------
\1\ Numbers in parentheses indicate weighting factor.
\2\ Costs are per functional unit.
\3\ For this item, no significant/quantifiable performance or durability
differences were identified among competing alternative products.
Therefore, future costs were not calculated.
The life cycle cost of the submitted tapping oils range from $20.00
to $152.15 (present value dollars) per gallon of tapping oil.
5. De-icers
De-icers are agents that aid in the removal of snow and ice. For
the purposes of this rulemaking, this category does not include de-
icers used at airports to de-ice airplanes and runways.
For the reasons cited earlier in this notice, USDA is proposing to
exempt this item from preferred procurement under the FB4P when used in
products and systems designed or procured for combat or combat-related
missions and in spacecraft systems and launch support equipment.
For biobased de-icers, USDA identified 3 different manufacturers
producing 9 individual biobased products. These 3 manufacturers do not
necessarily include all manufacturers of biobased de-icers, merely
those identified during USDA information gathering activities.
Information supplied by these manufacturers indicates that these
products are typically tested against one or more industry performance
standards and are being used commercially. While other applicable
performance standards may exist, applicable industry performance
standards against which these products have been typically tested, as
identified by manufacturers of products within this item, include:
National Association of Corrosion Engineers Standard TM-
01-69 (1976 rev.)--Standardizes immersion corrosion testing and
provides a consensus on the technology in this field of laboratory
corrosion testing;
Pacific Northwest Snowfighters--Standard Methods for the
Examination of Water and Wastewater; and
American Association of State Highway & Transportation
Officials.
USDA attempted to gather data on the potential market for biobased
products within the Federal government as discussed in the section on
bath and tile cleaners. These attempts were largely unsuccessful.
However, many Federal agencies routinely perform, or procure contract
services to perform, snow and ice removal activities. Thus, they have a
need for de-icers. Designation of biobased de-icers will promote the
use of biobased products, furthering the objectives of this program.
[[Page 59872]]
An analysis of the environmental and human health benefits and the
life cycle costs of biobased de-icers was performed for one of the
products using the BEES analytical tool. Table 5 summarizes the BEES
results for this biobased de-icer. As seen in Table 5, the
environmental performance score, which includes human health, is 0.0173
points per 1,500 square yards of surface area. The environmental
performance score indicates the share of annual per capita U.S.
environmental impacts that is attributable to 1,500 square yards of
surface area, expressed in 100ths of 1 percent.
Table 5.--Summary of BEES Results for De-Icers
------------------------------------------------------------------------
De-icer
Parameters -----------------
Sample A
------------------------------------------------------------------------
BEES Environmental Performance--Total Score \1\....... 0.0173
Acidification (5%)................................ 0.0000
Criteria Air Pollutants (6%)...................... 0.0001
Ecological Toxicity (11%)......................... 0.0025
Eutrophication (5%)............................... 0.0002
Fossil Fuel Depletion (5%)........................ 0.0072
Global Warming (16%).............................. 0.0024
Habitat Alteration (16%).......................... 0.0000
Human Health (11%)................................ 0.0037
Indoor Air (11%).................................. 0.0000
Ozone Depletion (5%).............................. 0.0000
Smog (6%)......................................... 0.0010
Water Intake (3%)................................. 0.0002
Economic Performance (Life Cycle Costs($)) \2\........ 3.75
First Cost........................................ 3.75
Future Cost (3.9%)................................ (\3\)
Functional Unit....................................... (\4\)
------------------------------------------------------------------------
\1\ Numbers in parentheses indicate weighting factor.
\2\ Costs are per functional unit.
\3\ For this item, no significant/quantifiable performance or durability
differences were identified among competing alternative products.
Therefore, future costs were not calculated.
\4\ 1,500 square yards of surface area.
The life cycle cost of the submitted biodegradable cutlery was
$3.75 (present value dollars) per 1,500 square yards of surface area.
6. Durable Plastic Films
Durable plastic films are products such as bags and packaging
materials. They are designed to resist water, ammonia, and other
compounds, and do not readily biodegrade. This item applies to all
types of applications, including construction barriers. However, some
products within this item may not be applicable to all applications,
such as construction barriers, which may require specific moisture
protection properties. Procuring agencies, therefore, need to assess an
individual product's performance specifications before using in
specific applications, such as construction barriers.
Qualifying products within this item may overlap with the EPA-
designated recovered content product: Nonpaper Office Products: Plastic
trash bags.
For the reasons cited earlier in this notice, USDA is proposing to
exempt this item from preferred procurement under the FB4P when used in
spacecraft systems and launch support equipment.
For biobased durable plastic films, USDA identified 2 different
manufacturers producing 2 individual biobased products. These 2
manufacturers do not necessarily include all manufacturers of biobased
durable plastic films, merely those identified during USDA information
gathering activities. Information supplied by these manufacturers
indicates that these products are typically tested against one relevant
measure of performance and are being used commercially. While
applicable performance standards and other measures of performance may
exist, applicable industry performance standards and relevant measures
of performance against which these products have been typically tested,
as identified by manufacturers of products within this item and by
others, include:
Building Performance Institute, Inc.
USDA attempted to gather data on the potential market for biobased
products within the Federal government as discussed in the section on
bath and tile cleaners. These attempts were largely unsuccessful.
However, Federal agencies routinely utilize durable plastic films in a
variety of applications, including building cleaning and maintenance,
landscaping and construction activities, and packaging activities, or
procure services that use these products. Thus, they have a need for
durable plastic films and for services that require the use of durable
plastic films. Designation of durable plastic films will promote the
use of biobased products, furthering the objectives of this program.
An analysis of the environmental and human health benefits and the
life cycle costs of biobased durable plastic films was performed for
one of the products using the BEES analytical tool. Table 6 summarizes
the BEES results for this durable plastic film. As seen in Table 6, the
environmental performance score, which includes human health, is 0.0125
per kilogram of durable film. The environmental performance score
indicates the share of annual per capita U.S. environmental impacts
that is attributable to one kilogram of durable film, expressed in
100ths of 1 percent.
[[Page 59873]]
Table 6.--Summary of BEES Results for Durable Plastic Films
------------------------------------------------------------------------
Durable plastic
film
Parameters -----------------
Sample A
------------------------------------------------------------------------
BEES Environmental Performance--Total Score\1\........ 0.0125
Acidification (5%)................................ 0.0000
Criteria Air Pollutants (6%)...................... 0.0001
Ecological Toxicity (11%)......................... 0.0004
Eutrophication (5%)............................... 0.0004
Fossil Fuel Depletion (5%)........................ 0.0077
Global Warming (16%).............................. 0.0013
Habitat Alteration (16%).......................... 0.0000
Human Health (11%)................................ 0.0016
Indoor Air (11%).................................. 0.0000
Ozone Depletion (5%).............................. 0.0000
Smog (6%)......................................... 0.0008
Water Intake (3%)................................. 0.0002
Economic Performance (Life Cycle Costs($))\2\......... 2.32
First Cost........................................ 2.32
Future Cost (3.9%)................................ (\3\)
Functional Unit....................................... (\4\)
------------------------------------------------------------------------
\1\ Numbers in parentheses indicate weighting factor.
\2\ Costs are per functional unit.
\3\ For this item, no significant/quantifiable performance or durability
differences were identified among competing alternative products.
Therefore, future costs were not calculated.
\4\ One kilogram of durable film.
The life cycle cost of the submitted durable plastic film is $2.32
(present value dollars) per kilogram of durable plastic film.
7. Firearm Lubricants
Firearm lubricants are used in firearms to reduce the friction and
wear between the moving parts of a firearm. They may also help keep the
weapon clean and prevent the formation of deposits that could cause the
weapon to jam.
For the reasons cited earlier in this notice, USDA is proposing to
exempt this item from preferred procurement under the FB4P when used in
products and systems designed or procured for combat or combat-related
missions and in spacecraft systems and launch support equipment.
For biobased firearm lubricants, USDA identified 2 different
manufacturers producing 2 individual biobased products. The 2
manufacturers do not necessarily include all manufacturers of biobased
firearm lubricants, merely those identified during USDA information
gathering activities.
Information supplied by these manufacturers indicates that these
products have been tested against multiple industry performance
standards and are being used commercially. While other applicable
performance standards may exist, applicable industry performance
standards against which these products have been typically tested, as
identified by manufacturers of products within this item, include:
ASTM D130, Standard Test Method for Corrosiveness to
Copper from Petroleum Products by Copper Strip Test;
ASTM D445, Standard Test Method for Kinematic Viscosity of
Transparent and Opaque Liquids (and the Calculation of Dynamic
Viscosity);
ASTM D5864-00, 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 D665, Standard Test Method for Rust-Preventing
Characteristics of Inhibited Mineral Oil in the Presence of Water; and
ASTM D93, Standard Test Methods for Flash-Point by Pensky-
Martens Closed Cup Tester.
USDA attempted to gather data on the potential market for biobased
products within the Federal government as discussed in the section on
bath and tile cleaners. These attempts were largely unsuccessful.
However, Federal agencies routinely use, or procure contract services
to provide, the types of firearms that require the use of firearm
lubricants. Thus, they have a need for firearm lubricants. Designation
of firearm lubricants will promote the use of biobased products,
furthering the objectives of this program.
An analysis of the environmental and human health benefits and the
life cycle costs of biobased firearm lubricants was performed for two
of the products using the BEES analytical tool. Table 7 summarizes the
BEES results for the two firearm lubricants. As seen in Table 7, the
environmental performance score, which includes human health, ranges
from 0.0236 to 0.0501 points per gallon of firearm lubricant. The
environmental performance score indicates the share of annual per
capita U.S. environmental impacts that is attributable to one gallon of
firearm lubricant, expressed in 100ths of 1 percent.
Table 7.--Summary of BEES Results for Firearm Lubricants
------------------------------------------------------------------------
Firearm lubricants
Parameters -------------------------------
Sample A Sample B
------------------------------------------------------------------------
BEES Environmental Performance--Total 0.0501 0.0236
Score \1\..............................
Acidification (5%).................. 0.0000 0.0000
[[Page 59874]]
Criteria Air Pollutants (6%)........ 0.0002 0.0002
Ecological Toxicity (11%)........... 0.0061 0.0043
Eutrophication (5%)................. 0.0110 0.0007
Fossil Fuel Depletion (5%).......... 0.0154 0.0091
Global Warming (16%)................ 0.0044 0.0040
Habitat Alteration (16%)............ 0.0000 0.0000
Human Health (11%).................. 0.0056 0.0035
Indoor Air (11%).................... 0.0000 0.0000
Ozone Depletion (5%)................ 0.0000 0.0000
Smog (6%)........................... 0.0032 0.0010
Water Intake (3%)................... 0.0042 0.0008
Economic Performance (Life Cycle 42.13 4.00
Costs($)) \2\..........................
First Cost.......................... 42.13 4.00
Future Cost (3.9%).................. (\3\) (\3\)
-------------------------------
Functional Unit......................... One gallon of firearm
lubricant.
------------------------------------------------------------------------
\1\ Numbers in parentheses indicate weighting factor.
\2\ Costs are per functional unit.
\3\ For this item, no significant/quantifiable performance or durability
differences were identified among competing alternative products.
Therefore, future costs were not calculated.
The life cycle cost of the submitted firearm lubricants ranges from
$4.00 to $42.13 (present value dollars) per gallon of firearm
lubricant.
8. Floor Strippers
Floor strippers are products formulated to loosen waxes, resins, or
varnishes from floor surfaces. They can be in either liquid or gel
form, and may also be used with or without mechanical assistance.
For the reasons cited earlier in this notice, USDA is proposing to
exempt this item from preferred procurement under the FB4P when used in
spacecraft systems and launch support equipment.
Procuring agencies should note that, as discussed in section II of
this preamble, not all biobased cleaning products are ``environmentally
preferable'' to non-biobased products. Unless cleaning products have
been formulated to contain no (or reduced levels of) metals and toxic
and hazardous constituents, they can be harmful to aquatic life, the
environment, or workers. When purchasing environmentally preferable
cleaning products, Federal agencies must compare the ``cradle-to-
grave'' impacts of the manufacture, use, and disposal of both biobased
and non-biobased products.
For biobased floor strippers, USDA identified 10 different
manufacturers producing 12 individual biobased products. These 12
manufacturers do not necessarily include all manufacturers of biobased
floor strippers, merely those identified during USDA information
gathering activities. Information supplied by these manufacturers
indicates that these products are typically tested against one or more
industry performance standards and are being used commercially. While
other applicable performance standards may exist, applicable industry
performance standards against which these products have been typically
tested, as identified by manufacturers of products within this item,
include:
ASTM D6400-04, Standard Specification for Compostable
Plastics;
ASTM D877-02e1, Standard Test Method for Dielectric
Breakdown Voltage of Insulating Liquids Using Disk Electrodes;
Boeing Specification D6-7127--Cleaning Interiors
of Commercial Transport Aircraft;
Federal Test Method Standard No. 536A;
South Coast Air Quality Management District Method
313-91--Determination of volatile organic compounds (VOCs) by
gas chromatography/mass spectrometry;
ARP 1755B--Effect of Cleaning Agents on Aircraft Engine
Material; and
U.S. Navy Navsea 6840--U.S. Navy surface ship
(non-submarine) authorized chemical cleaning products and dispensing
systems.
Green Seal GS-34--Standard establishing
environmental requirements for cleaning/degreasing agents;
USDA attempted to gather data on the potential market for biobased
products within the Federal government as discussed in the section on
bath and tile cleaners. These attempts were largely unsuccessful.
However, Federal agencies routinely use, or procure contract services
that use, floor strippers in cleaning and maintenance activities. Thus,
they have a need for floor strippers and for services that require the
use of floor strippers. Designation of floor strippers will promote the
use of biobased products, furthering the objectives of this program.
An analysis of the environmental and human health benefits and the
life cycle costs of biobased floor strippers was performed for one of
the products using the BEES analytical tool. Table 8 summarizes the
BEES results for this floor stripper. As seen in Table 8, the
environmental performance score, which includes human health, is 0.0559
points per treatment of 2,500 square feet of floor. The environmental
performance score indicates the share of annual per capita U.S.
environmental impacts that is attributable to 2,500 square feet of
application, expressed in 100ths of 1 percent.
[[Page 59875]]
Table 8.--Summary of BEES Results for Floor Strippers
------------------------------------------------------------------------
Floor strippers
Parameters -----------------
Sample A
------------------------------------------------------------------------
BEES Environmental Performance--Total Score\1\........ 0.0559
Acidification (5%)................................ 0.0000
Criteria Air Pollutants (6%)...................... 0.0005
Ecological Toxicity (11%)......................... 0.0272
Eutrophication (5%)............................... 0.0028
Fossil Fuel Depletion (5%)........................ 0.0103
Global Warming (16%).............................. 0.0041
Habitat Alteration (16%).......................... 0.0000
Human Health (11%)................................ 0.0035
Indoor Air (11%).................................. 0.0024
Ozone Depletion (5%).............................. 0.0000
Smog (6%)......................................... 0.0035
Water Intake (3%)................................. 0.0016
Economic Performance (Life Cycle Costs ($)) \2\....... 8.50
First Cost........................................ 8.50
Future Cost (3.9%)................................ (\3\)
-----------------
Functional Unit....................................... \4\ 2,500
------------------------------------------------------------------------
\1\ Numbers in parentheses indicate weighting factor.
\2\ Costs are per functional unit.
\3\ For this item, no significant/quantifiable performance or durability
differences were identified among competing alternative products.
Therefore, future costs were not calculated.
\4\ Square feet of application.
The life cycle cost of the submitted floor stripper is $8.50
(present value dollars) per 2,500 square feet of application.
9. Laundry Products
Laundry products include laundry detergents, bleach, stain
removers, fabric softeners, etc., that do not leave skin-irritating
residues and that clean effectively without the use of toxic chemicals.
These products are generally safe for all washable fabrics.
Based on the information acquired, USDA is proposing to
subcategorize this item into two primary types as follows: (1)
Pretreatment and spot remover products and (2) general purpose
products. USDA believes this is reasonable because of the varying
concentrations of the products required to perform satisfactorily.
For the reasons cited earlier in this notice, USDA is proposing to
exempt this item from preferred procurement under the FB4P when used in
spacecraft systems and launch support equipment.
For biobased laundry products, USDA identified 17 different
manufacturers producing 45 individual biobased products. These 17
manufacturers do not necessarily include all manufacturers of biobased
laundry products, merely those identified during USDA information
gathering activities. Information supplied by these manufacturers
indicates that these products are typically tested against an industry
performance standard and are being used commercially. While other
applicable performance standards may exist, applicable industry
performance standards against which these products have been typically
tested, as identified by manufacturers of products within this item,
include:
Boeing Specification D6-7127--Cleaning Interiors
of Commercial Transport Aircraft.
USDA attempted to gather data on the potential market for biobased
products within the Federal government as discussed in the section on
bath and tile cleaners. These attempts were largely unsuccessful.
However, Federal agencies routinely use, or procure contract services
that use, laundry products in cleaning and maintenance activities.
Thus, they have a need for laundry products and for services that
require the use of laundry products. Designation of laundry products
will promote the use of biobased products, furthering the objectives of
this program.
An analysis of the environmental and human health benefits and the
life cycle costs of biobased laundry products was performed for one of
the products using the BEES analytical tool. Table 9 summarizes the
BEES results for this laundry product. As seen in Table 9, the
environmental performance score, which includes human health, is 0.1362
per a quantity of laundry product sufficient to wash 1,000 loads of
laundry. The environmental performance score indicates the share of
annual per capita U.S. environmental impacts that is attributable to
washing 1,000 loads of laundry, expressed in 100ths of 1 percent.
Table 9.--Summary of BEES Results for Laundry Products
------------------------------------------------------------------------
Laundry products
Parameters -----------------
Sample A
------------------------------------------------------------------------
BEES Environmental Performance--Total Score \1\....... 0.1362
Acidification (5%)................................ 0.0000
Criteria Air Pollutants (6%)...................... 0.0012
Ecological Toxicity (11%)......................... 0.0269
Eutrophication (5%)............................... 0.0032
Fossil Fuel Depletion (5%)........................ 0.0609
Global Warming (16%).............................. 0.0119
[[Page 59876]]
Habitat Alteration (16%).......................... 0.0000
Human Health (11%)................................ 0.0216
Indoor Air (11%).................................. 0.0000
Ozone Depletion (5%).............................. 0.0000
Smog (6%)......................................... 0.0043
Water Intake (3%)................................. 0.0062
Economic Performance (Life Cycle Costs ($)) \2\....... 84.54
First Cost........................................ 84.54
Future Cost (3.9%)................................ (\3\)
Functional Unit....................................... (\4\)
------------------------------------------------------------------------
\1\ Numbers in parentheses indicate weighting factor.
\2\ Costs are per functional unit.
\3\ For this item, no significant/quantifiable performance or durability
differences were identified among competing alternative products.
Therefore, future costs were not calculated.
\4\ Amount required to wash 1,000 loads of laundry.
The life cycle cost of the submitted laundry product was $84.54 per
1,000 loads of laundry washed.
10. Wood and Concrete Sealers
Wood and concrete sealers are products used to protect wood and/or
concrete from damage caused by insects, moisture, and decaying fungi
and to make surfaces water resistant.
For the reasons cited earlier in this notice, USDA is proposing to
exempt this item from preferred procurement under the FB4P when used in
spacecraft systems and launch support equipment.
For biobased wood and concrete sealers, USDA identified 17
different manufacturers producing 30 individual biobased products.
These 17 manufacturers do not necessarily include all manufacturers of
biobased wood and concrete sealers, merely those identified during USDA
information gathering activities. Information supplied by these
manufacturers indicates that these products are typically tested
against multiple measures of performance and are being used
commercially. While other relevant measurements of performance may
exist, applicable relevant measurements of performance against which
these products have been typically tested, as identified by
manufacturers of products within this item, include:
ASTM D4446-05, Standard Test Method for Anti-Swelling
Effectiveness of Water-Repellent Formulations and Differential Swelling
of Untreated Wood When Exposed to Liquid Water Environments;
ASTM D5401-03, Standard Test Method for Evaluating Clear
Water Repellent Coatings on Wood;
ASTM D92-05a, Standard Test Method for Flash and Fire
Points by Cleveland Open Cup Tester; and
ASTM E84-05e1, Standard Test Method for Surface Burning
Characteristics of Building Materials.
USDA attempted to gather data on the potential market for biobased
products within the Federal government as discussed in the section on
bath and tile cleaners. These attempts were largely unsuccessful.
However, Federal agencies routinely perform, and procure services that
perform, the types of construction and paving activities that utilize
wood and concrete sealers. Thus, they have a need for wood and concrete
sealers and for services that require the use of wood and concrete
sealers. Designation of wood and concrete sealers will promote the use
of biobased products, furthering the objectives of this program.
An analysis of the environmental and human health benefits and the
life cycle costs of biobased wood and concrete sealers was performed
for two of the products using the BEES analytical tool. Table 10
summarizes the BEES results for the two wood and concrete sealers. As
seen in Table 10, the environmental performance score, which includes
human health, ranges from 0.0336 to 2.4769 points per 250 square feet
of surface area sealed. The environmental performance score indicates
the share of annual per capita U.S. environmental impacts that is
attributable to 250 square feet of surface area sealed, expressed in
100ths of 1 percent.
Table 10.--Summary of BEES Results for Wood and Concrete Sealers
------------------------------------------------------------------------
Wood and concrete sealers
Parameters -----------------------------------
Sample A Sample B
------------------------------------------------------------------------
BEES Environmental Performance-- 0.0336 2.4769
Total Score \1\....................
Acidification (5%).............. 0.0000 0.0000
Criteria Air Pollutants (6%).... 0.0003 0.0027
Ecological Toxicity (11%)....... 0.0048 0.0397
Eutrophication (5%)............. 0.0017 0.3876
Fossil Fuel Depletion (5%)...... 0.0144 0.0559
Global Warming (16%)............ 0.0047 0.0203
Habitat Alteration (16%)........ 0.0000 0.0000
Human Health (11%).............. 0.0054 1.9630
Indoor Air (11%)................ 0.0000 0.0000
Ozone Depletion (5%)............ 0.0000 0.0000
Smog (6%)....................... 0.0016 0.0050
Water Intake (3%)............... 0.0007 0.0027
Economic Performance (Life Cycle 18.00 200.00
Costs($)) \2\......................
[[Page 59877]]
First Cost...................... 18.00 200.00
Future Cost (3.9%).............. (\3\) (\3\)
-----------------------------------
Functional Unit..................... 250 square feet of surface area
sealed.
------------------------------------------------------------------------
\1\ Numbers in parentheses indicate weighting factor.
\2\ Costs are per functional unit.
\3\ For this item, no significant/quantifiable performance or durability
differences were identified among competing alternative products.
Therefore, future costs were not calculated.
The life cycle cost of the submitted wood and concrete sealers
range from $18.00 to $200.00 (present value dollars) per 250 square
feet of surface area sealed.
C. Minimum Biobased Contents
Section 9002(e)(1)(c) directs USDA to recommend minimum biobased
content levels where appropriate. In today's proposed rulemaking, USDA
is proposing minimum biobased content for each of the 10 items proposed
for designation based on information currently available to USDA.
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 10 items. The data presented in the
following paragraphs are the test results from all of the product
samples that were submitted for analysis. It is the responsibility of
the manufacturers to ``self-certify'' that each product being offered
as a biobased product for preferred procurement contains qualifying
feedstock. As contained in the Guidelines, the FB4P program will
consider qualifying feedstocks for biobased products as originating
from ``designated countries'' (as that term is defined in the Federal
Acquisition Regulation (FAR) Sec. 25.003)) as well as from the United
States. USDA will develop a monitoring process for these self-
certifications to ensure manufacturers are using qualifying feedstocks.
If misrepresentations are found, USDA will remove the subject biobased
product from the preferred procurement program and may take further
actions as deemed appropriate.
As a result of public comments received on the first designated
items 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 an item 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 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 has determined that setting a minimum biobased content for
designated items 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 minimus 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 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 an item 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. Procuring agencies are
encouraged to seek products with the highest biobased content that is
practicable in all 10 of the proposed designated items.
The following paragraphs summarize the information that USDA used
to propose minimum biobased contents within each proposed designated
item.
1. Bath and Tile Cleaners
Eight of the 29 biobased bath and tile cleaners identified have
been tested for biobased content using ASTM D6866 \1\ The biobased
content of these 8 samples ranged from 16 percent to 100 percent.
---------------------------------------------------------------------------
\1\ASTM D6866 (Standard Test Methods for Determining the
Biobased Content of Natural Range Materials Using Radiocarbon and
Isotope Ratio Mass Spectrometry 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.
---------------------------------------------------------------------------
USDA evaluated the manufacturer's performance claims for the
product whose biobased content was tested at 16 percent. The available
information for this product did not indicate any unique performance
characteristics or features not found in products with a higher
biobased content. In addition, the tested biobased content of this
product was substantially lower than the next lowest tested biobased
content of 77 percent. Therefore, USDA dropped this product from
consideration in setting the minimum biobased content for the item.
The remaining 7 tested products have biobased contents ranging from
77 to 100 percent. USDA is proposing to set the minimum biobased
content for this item at 74 percent, based on the product with a tested
biobased content of 77 percent. Setting the minimum biobased content
level based on the product with a tested biobased content of 77 percent
will offer procuring agencies more choices in selecting products to
purchase and will encourage the most widespread usage of biobased
products by procuring agencies. To account for possible variability in
the results of ASTM D6866, as discussed earlier, the tested 77 percent
value was then adjusted to 74 percent.
2. Clothing Products
Two of the 5 available biobased clothing products have been tested
for biobased content using ASTM D6866. The biobased content of these
two clothing products was 99 percent and 100 percent.
Both of the products tested were composed of essentially 100
percent polylactic acid (PLA) fibers, which are a 100 percent biobased
material. Another synthetic fiber made with qualifying biobased
material is also available for clothing manufacture. When tested for
the blankets, bedding, and bed linens item, the biobased
[[Page 59878]]
content of this other synthetic fiber was 29 percent. USDA knows that
clothing can be and is being manufactured using this other synthetic
fiber. Based on percent blends typically found in clothing, USDA
believes that it is reasonable that both synthetic fibers will be used
in blends where their content may be around 25 percent with the other
75 percent being non-qualifying biobased/non-biobased material.
Given the potential for the manufacture of biobased clothing as
described above, USDA is proposing to set the minimum biobased content
for this item at 6 percent. This is based on a clothing product
composed of 25 percent of the synthetic fiber with the lower biobased
content and 75 percent non-qualifying biobased content or non-biobased
content. The 6 percent is calculated by lowering the 29 percent
biobased content by 3 percentage points (to account for the variability
in the ASTM D6866), multiply the result (i.e., 26) by 25 percent, and
then rounding down to the next whole integer (26 x 0.25 = 6.5, rounded
down to 6).
USDA believes that this is a reasonable methodology for setting the
minimum biobased content for biobased clothing and will offer procuring
agencies more choices in selecting products to purchase and will
encourage the most widespread usage of biobased products by procuring
agencies. As noted earlier in this preamble, USDA welcomes comments
specifically on the methodology used to set the proposed minimum
biobased content for biobased clothing.
3. Concrete and Asphalt Release Fluids
Eight of the 37 biobased concrete and asphalt release fluids
identified have been tested for biobased content using ASTM D6866. The
biobased content of these 8 biobased concrete and asphalt release
fluids ranged from 90 percent to 98 percent.
USDA is proposing to set the minimum biobased content for this item
at 87 percent, based on the product with a tested biobased content of
90 percent. Given that the range of tested biobased contents is narrow,
USDA is proposing to set the minimum biobased content at the lowest
tested level, which will allow all of the products sampled to meet the
minimum biobased content. Setting the minimum biobased content level
based on the lowest level found among the sampled products will offer
procuring agencies more choices in selecting products to purchase and
will encourage the most widespread usage of biobased products by
procuring agencies.
4. Cutting, Drilling, and Tapping Oils
Twelve of the 33 biobased cutting, drilling, and tapping oils
identified have been tested for biobased content using ASTM D6866. The
biobased content of these 12 biobased cutting, drilling, and tapping
oils ranged from 67 percent to 100 percent.
USDA is proposing to set the minimum biobased content for this item
at 64 percent, based on the product with a tested biobased content of
67. Cutting, drilling, and tapping oils can be formulated to meet a
wide range of demands. For example, one of the products with a tested
biobased content of 67 percent is a heavy duty oil. Because of the
resulting range in product characteristics, USDA is proposing to set
the minimum biobased content at a level that will include all of the
products sampled. USDA believes that it is in the best interest of the
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. Furthermore, setting
the minimum biobased content level based on the lowest level found
among the sampled products will offer procuring agencies more choices
in selecting products to purchase and will encourage the most
widespread usage of biobased products by procuring agencies.
5. De-Icers
Two of the 9 biobased de-icers identified have been tested for
biobased content using ASTM D6866. The biobased content of both of
these biobased de-icers was 100 percent. Therefore, USDA is proposing
to set the minimum biobased content for this item at 97 percent.
6. Durable Plastic Films
One of the 2 biobased durable plastic films identified have been
tested for biobased content using ASTM D6866. The biobased contents of
this durable plastic film was 64 percent. Therefore, USDA is proposing
to set the minimum biobased content for this item at 61 percent.
7. Firearm Lubricants
Both biobased firearm lubricants identified have been tested for
biobased content using ASTM D6866. The tested biobased contents for
these samples ranged were 52 percent and 95 percent.
USDA is proposing to set the minimum biobased content for firearm
lubricants at 49 percent, based on the product with a tested biobased
content of 52 percent. The firearm lubricant with the lower biobased
content was specifically formulated for use in cold weather regions.
Because of this range in product characteristics, USDA is proposing to
set the minimum biobased content at a level that will include both
products sampled. USDA believes that it is in the best interest of the
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 level based on the lowest level found among the
sampled products will offer procuring agencies more choices in
selecting products to purchase and will encourage the most widespread
usage of biobased products by procuring agencies.
8. Floor Strippers
Three of the 12 biobased floor strippers identified have been
tested for biobased content using ASTM D6866. The biobased contents of
these 3 biobased floor strippers ranged from 82 percent to 96 percent.
USDA is proposing to set the minimum biobased content for this item
at 79 percent, based on the product with a tested biobased content of
82 percent. USDA is proposing to set the minimum biobased content at a
level that will include all of the products sampled, including the
product with 82 percent biobased content. USDA believes that it is in
the best interest of the 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.
Furthermore, setting the minimum biobased content level based on the
lowest level found among the sampled products will offer procuring
agencies more choices in selecting products to purchase and will
encourage the most widespread usage of biobased products by procuring
agencies.
9. Laundry Products
Five of the 45 biobased laundry products identified have been
tested for biobased content using ASTM D6866--one pretreatment or spot
remover biobased laundry product and 4 general purpose biobased laundry
products. The biobased content of the one pretreatment or spot remover
product was 11 percent. The biobased contents of the 4 general purpose
biobased
[[Page 59879]]
laundry products ranged from 37 percent to 83 percent.
For pretreatment or spot remover biobased laundry products, USDA is
proposing to set the minimum biobased content at 8 percent, based on
the one product tested.
For general purpose biobased laundry products, USDA is proposing to
set the minimum biobased content at 34 percent, based on the product
with a tested biobased content of 37 percent. Three of the 4 general
purpose biobased laundry products had tested biobased contents between
37 and 40 percent. While USDA knows of no performance differences
between the four general purpose biobased products, USDA is proposing
to set the minimum biobased content at a level that will include all of
the general purpose biobased laundry products sampled. Furthermore,
setting the minimum biobased content level based on the lowest level
found among these sampled products will provide more products from
which procurement officials may choose and will encourage the most
widespread usage of biobased products by procuring agencies.
10. Wood and Concrete Sealers
Five of the 17 biobased wood and concrete sealers identified have
been tested for biobased content using ASTM D6866. The biobased content
of these 5 biobased wood and concrete sealers ranged from 82 percent to
91 percent.
USDA is proposing to set the minimum biobased content for this item
at 79 percent, based on the products with a biobased content of 82
percent. USDA is proposing to set the minimum biobased content at a
level that will include all of the products sampled. USDA believes that
it is in the best interest of the 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. Furthermore, setting the minimum biobased content level
based on the lowest level found among the sampled products will offer
procuring agencies more choices in selecting products to purchase and
will encourage the most widespread usage of biobased products by
procuring agencies.
D. Effective 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, under the terms of the
proposed rule, 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
item would take effect.
USDA proposes a one-year period before the procurement preferences
would take effect based on an understanding that Federal agencies will
need time to incorporate the preferences into procurement documents and
to revise existing standardized specifications. Section 9002(d) of
FSRIA and section 2902(c) of 7 CFR part 2902 explicitly acknowledge the
latter need for Federal agencies to have sufficient time to revise the
affected specifications to give preference to biobased products when
purchasing the designated items. 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 items are promulgated for designation, Federal
agencies will have had a minimum of 18 months (from when these
designated items were proposed), 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 items 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 actions involving any of the designated
items.
V. Where Can Agencies Get More Information on These USDA-Designated
Items?
Once the item designations in today's proposal become final,
manufacturers and vendors voluntarily may post information on specific
products, including product and contact information, on the USDA
biobased products Web site http://www.biobased.oce.usda.gov. USDA will
periodically audit the information displayed on the Web site and, where
questions arise, contact 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 Web site, agencies will also be able 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.''
USDA has linked its Web site to DoD's list of specifications and
standards, which can be used as guidance when procuring products. To
access this list, go to USDA's FB4P Web site and click on the ``Product
Submission'' tab and look for the DoD Specifications link.
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.''
[[Page 59880]]
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866. The
annual economic effect associated with today's proposed rule has not
been quantified because the information necessary to estimate the
effect does not exist. As was discussed earlier in this preamble, USDA
made extensive efforts to obtain information on the Federal agencies'
usage of the 10 items proposed for designation. These efforts were
largely unsuccessful. Therefore, attempts to determine the economic
impacts of today's proposed rule would necessitate estimating the
anticipated market penetration of biobased products, which would entail
many assumptions and, thus, be of questionable value. Also, the program
allows procuring agencies the option of not purchasing biobased
products if the costs are deemed ``unreasonable.'' Under this program,
the determination of ``unreasonable'' costs will be made by individual
agencies. USDA knows these agencies will consider such factors as
price, life-cycle costs, and environmental benefits in determining
whether the cost of a biobased product is determined to be
``reasonable'' or ``unreasonable.'' However, until the program is
actually implemented by the various agencies, it is impossible to
quantify the impact this option would have on the economic effect of
the rule. Therefore, USDA relied on a qualitative assessment to reach
the judgment that the annual economic effect of the designation of
these 10 items is less than $100 million, and likely to be
substantially less than $100 million. This judgment was based primarily
on the offsetting nature of the program (an increase in biobased
products purchased with a corresponding decrease in petroleum products
purchased) and, secondarily, on the ability of procuring agencies not
to purchase these items if costs are judged unreasonable, which would
reduce the economic effect.
1. Summary of Impacts
Today's proposed rulemaking 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 to begin supplying
biobased materials to manufacturers of bath and tile cleaners, clothing
products, concrete and asphalt release fluids, cutting, drilling, and
tapping oils, de-icers, durable plastic films, firearm lubricants,
floor strippers, laundry products, and wood and concrete sealers and to
begin supplying these products made with biobased materials to Federal
agencies and their contractors. In addition, other businesses,
including small businesses, that do not directly contract with
procuring agencies may be affected positively by the increased demand
for these biobased materials and products. However, other businesses
that manufacture and supply only non-qualifying products and do not
offer a biobased alternative product may experience a decrease in
demand for their products. Thus, today's proposed rule will likely
increase the demand for biobased products, while decreasing the demand
for non-qualifying products. It is anticipated that this will create a
largely ``offsetting'' economic impact.
USDA is unable to determine the number of businesses, including
small businesses, that may be adversely affected by today's proposed
rule. If a business currently supplies any of the items proposed for
designation to a procuring agency and those products do not qualify as
biobased products, the proposed rule may reduce that company's ability
to compete for future contracts. However, the proposed rule will not
affect existing purchase orders, nor will it preclude businesses from
modifying their product lines to meet new specifications or
solicitation requirements for these products containing biobased
materials. Thus, many businesses, including small businesses, that
market to Federal agencies and their contractors have the option of
modifying their product lines to meet the new biobased specifications.
2. Summary of Benefits
The designation of these 10 items provides the benefits outlined in
the objectives of section 9002: To increase domestic demand for
biobased products and, thus, for the many agricultural commodities that
can serve as feedstocks for 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. The increased demand for
biobased products will also lead to the substitution of products with a
possibly more benign or beneficial environmental impact, as compared to
the use of non-biobased products. By purchasing these biobased
products, procuring agencies can increase opportunities for all of
these benefits. On a national and regional level, today's proposed rule
can result in expanding and strengthening markets for biobased
materials used in these 10 items. However, because the extent to which
procuring agencies will find the performance and costs of biobased
products acceptable is unknown, it is impossible to quantify the actual
economic effect of today's proposed rule. USDA, however, anticipates
the annual economic effect of the designation of these 10 items to be
substantially below the $100 million threshold. In addition, today's
proposed rule does not: Create serious inconsistency or otherwise
interfere with an action taken or planned by another agency; materially
alter the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or raise
novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in Executive Order
12866.
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 proposed designation of
these 10 items to determine whether its actions would have a
significant impact on a substantial number of small entities. Because
the Federal Biobased Products Preferred Procurement Program in section
9002 of FSRIA 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
items 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.
Conversely, the biobased procurement program may decrease opportunities
for businesses that manufacture or sell non-biobased products or
provide components for the manufacturing of such products. However, the
proposed
[[Page 59881]]
rule will not affect existing purchase orders and it will not preclude
procuring agencies from continuing to purchase non-biobased items under
certain conditions relating to the availability, performance, or cost
of biobased items. Today's proposed rule will also not preclude
businesses from modifying their product lines to meet new
specifications or solicitation requirements for these products
containing biobased materials. Thus, the economic impacts of today's
proposed rule are not expected to be significant.
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 products within the 10 items proposed for designation by
today's proposed rulemaking, the number is expected to be small.
Because biobased products represent an 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 affected by today's proposed rulemaking is not expected to
be substantial.
After considering the economic impacts of today's proposed rule on
small entities, USDA certifies that this action will not have a
significant economic impact on a substantial number of small entities.
This rule, therefore, does not require a regulatory flexibility
analysis.
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 today's proposed rule would 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. Technological innovation associated with the use of biobased
materials can translate into economic growth and increased industry
competitiveness worldwide, thereby, creating opportunities for small
entities.
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 12988: Civil Justice Reform
This proposed rule has been reviewed in accordance with Executive
Order 12988, Civil Justice Reform. This proposed 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 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.
F. 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.
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 the 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
Today's proposed 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 proposed rule
is currently approved under OMB control number 0503-0011.
J. E-Government Act Compliance
The Office of Energy Policy and New Uses is committed to compliance
with the E-Government Act, to promote the use of the Internet and other
information technologies to provide increased opportunities for citizen
access to Government information and services, and for other purposes.
USDA is implementing an electronic information system for posting
information voluntarily submitted by manufacturers or vendors on the
products they intend to offer for preferred procurement under each item
designated. For information pertinent to GPEA compliance related to
this rule, please contact Marvin Duncan at (202) 401-0461.
List of Subjects in 7 CFR Part 2902
Biobased products, Procurement.
For the reasons stated in the preamble, the Department of
Agriculture proposes to amend 7 CFR chapter XXIX as follows:
CHAPTER XXIX--OFFICE OF ENERGY POLICY AND NEW USES, DEPARTMENT OF
AGRICULTURE
PART 2902--GUIDELINES FOR DESIGNATING BIOBASED PRODUCTS FOR FEDERAL
PROCUREMENT
1. The authority citation for part 2902 continues to read as
follows:
Authority: 7 U.S.C. 8102.
2. Add Sec. Sec. 2902.36 through 2902.45 to subpart B to read as
follows:
Sec. 2902.36 Bath and tile cleaners.
(a) Definition. Bath and tile cleaners are products designed to
clean deposits on bath tubs, shower doors, shower curtains, bathroom
tiles, floors, doors, counter tops, etc. They are available both in
concentrated and ready-to-use forms.
(b) Minimum biobased content. The minimum biobased content is 74
percent and 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 effective date. No later than [date one year after
the date of publication of the final rule], procuring
[[Page 59882]]
agencies, in accordance with this part, will give a procurement
preference for qualifying biobased bath and tile cleaners. By that
date, Federal agencies that have the responsibility for drafting or
reviewing specifications for items to be procured shall ensure that the
relevant specifications require the use of biobased bath and tile
cleaners.
(d) Exemptions. Spacecraft systems and launch support equipment
applications are exempt from the preferred procurement requirement for
this item.
Sec. 2902.37 Clothing products.
(a) Definition. Clothing products are coverings designed to be worn
on a person's body. These products include coverings for the torso and
limbs, as well as coverings for the hands, feet, and head.
(b) Minimum biobased content. The minimum biobased content is 6
percent and 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 effective 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 clothing products. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications
for items to be procured shall ensure that the relevant specifications
require the use of biobased clothing products.
(d) Exemptions. The following applications are exempt for the
preferred procurement requirement for this item:
(1) Military equipment: Product or system designed or procured for
combat or combat-related missions.
(2) Spacecraft systems and launch support equipment.
Sec. 2902.38 Concrete and asphalt release fluids.
(a) Definition. Concrete and asphalt release fluids are products
designed to provide a lubricating barrier between the composite surface
materials (e.g., concrete or asphalt) and the container (e.g., wood or
metal forms, truck beds, roller surfaces, etc.).
(b) Minimum biobased content. The minimum biobased content is 87
percent and 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 effective 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 concrete and asphalt release fluids. By that date,
Federal agencies that have the responsibility for drafting or reviewing
specifications for items to be procured shall ensure that the relevant
specifications require the use of biobased concrete and asphalt release
fluids.
(d) Exemptions. Spacecraft systems and launch support equipment
applications are exempt from the preferred procurement requirement for
this item.
Sec. 2902.39 Cutting, drilling, and tapping oils.
(a) Definition. Cutting, drilling, and tapping oils are products
designed to provide lubrication and reduce wear on the contact parts
for cutting, drilling, and tapping machinery. This item applies only to
neat oils.
(b) Minimum biobased content. The minimum biobased content is 64
percent and 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 effective 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 cutting, drilling, and tapping oils. By that date,
Federal agencies that have the responsibility for drafting or reviewing
specifications for items to be procured shall ensure that the relevant
specifications require the use of biobased cutting, drilling, and
tapping oils.
(d) Exemptions. Spacecraft systems and launch support equipment are
exempt for the preferred procurement requirement for this item.
Sec. 2902.40 De-icers.
(a) Definition. De-icers are agents that aid in the removal of snow
and ice. For the purposes of this rule, de-icers do not include
materials used to de-ice aircraft and airport runways.
(b) Minimum biobased content. The minimum biobased content is 97
percent and 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 effective 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 de-icers. By that date, Federal agencies that have
the responsibility for drafting or reviewing specifications for items
to be procured shall ensure that the relevant specifications require
the use of biobased de-icers.
(d) Exemptions. The following applications are exempt for the
preferred procurement requirement for this item:
(1) Military equipment: Product or system designed or procured for
combat or combat-related missions.
(2) Spacecraft systems and launch support equipment.
Sec. 2902.41 Durable plastic films.
(a) Definition. Durable plastic films are products typically used
in the production of bags and packaging materials, and designed to
resist water, ammonia, and other compounds, and to not readily
biodegrade.
(b) Minimum biobased content. The minimum biobased content is 61
percent and 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 effective 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 durable plastic films. By that date, Federal
agencies that have the responsibility for drafting or reviewing
specifications for items to be procured shall ensure that the relevant
specifications require the use of biobased durable plastic films.
(d) Determining overlap with an EPA-designated recovered content
product. Qualifying products within this item may overlap with the EPA-
designated recovered content product: Nonpaper Office Products: Plastic
trash bags. 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 nonpaper office products
(plastic trash bags) and which product should be afforded the
preference in purchasing.
(e) Exemptions. Spacecraft systems and launch support equipment
applications are exempt from the
[[Page 59883]]
preferred procurement requirement for this item.
Sec. 2902.42 Firearm lubricants.
(a) Definition. Firearm lubricants are used in firearms to reduce
the friction and wear between the moving parts of a firearm, and to
keep the weapon clean and prevent the formation of deposits that could
cause the weapon to jam.
(b) Minimum biobased content. The minimum biobased content is 49
percent and 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 effective 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 firearm lubricants. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications
for items to be procured shall ensure that the relevant specifications
require the use of biobased firearm lubricants.
(d) Exemptions. The following applications are exempt for the
preferred procurement requirement for this item:
(1) Military equipment: Product or system designed or procured for
combat or combat-related missions.
(2) Spacecraft systems and launch support equipment.
Sec. 2902.43 Floor Strippers.
(a) Definition. Floor strippers are products formulated to loosen
waxes, resins, or varnishes from floor surfaces. They can be in either
liquid or gel form, and may also be used with or without mechanical
assistance.
(b) Minimum biobased content. The minimum biobased content is 79
percent and 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 effective 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 strippers. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications
for items to be procured shall ensure that the relevant specifications
require the use of biobased floor strippers.
(d) Exemptions. Spacecraft systems and launch support equipment
applications are exempt from the preferred procurement requirement for
this item.
Sec. 2902.44 Laundry products.
(a) Definition. (1) Laundry products include laundry detergents,
bleach, stain removers, fabric softeners, etc., that do not leave skin-
irritating residues and that clean effectively without the use of toxic
chemicals.
(2) The two types of laundry products for which minimum biobased
contents under paragraph (b) of this section apply are:
(i) Pretreatment or spot removers. Laundry products specifically
used to pretreat laundry to remove spots and stains.
(ii) General purpose laundry products. Laundry products used for
regular cleaning activities.
(b) Minimum biobased content. The minimum biobased content 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 are:
(1) Pretreatment and spot removers--8 percent.
(2) General purpose laundry products--34 percent.
(c) Preference effective 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 laundry products. By that date, Federal agencies
that have the responsibility for drafting or reviewing specifications
for items to be procured shall ensure that the relevant specifications
require the use of biobased laundry products.
(d) Exemptions. Spacecraft systems and launch support equipment
applications are exempt from the preferred procurement requirement for
this item.
Sec. 2902.45 Wood and concrete sealers.
(a) Definition. Wood and concrete sealers are products used to
protect wood and/or concrete from damage caused by insects, moisture,
and decaying fungi and to make surfaces water resistant.
(b) Minimum biobased content. The minimum biobased content is 79
percent and 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 effective 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 sealers. By that date, Federal
agencies that have the responsibility for drafting or reviewing
specifications for items to be procured shall ensure that the relevant
specifications require the use of biobased wood and concrete sealers.
(d) Exemptions. Spacecraft systems and launch support equipment
applications are exempt from the preferred procurement requirement for
this item.
Dated: September 26, 2006.
Roger Conway,
Director, Office of Energy Policy and New Uses , U.S. Department of
Agriculture.
[FR Doc. 06-8368 Filed 10-10-06; 8:45 am]
BILLING CODE 3410-GL-P