[Federal Register Volume 74, Number 206 (Tuesday, October 27, 2009)]
[Rules and Regulations]
[Pages 55089-55094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25756]
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Rules and Regulations
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Federal Register / Vol. 74, No. 206 / Tuesday, October 27, 2009 /
Rules and Regulations
[[Page 55089]]
DEPARTMENT OF AGRICULTURE
Office of Energy Policy and New Uses
7 CFR Part 2902
RIN 0503-AA33
Designation of Biobased Items for Federal Procurement
AGENCY: Departmental Administration, USDA.
ACTION: Final rule.
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SUMMARY: The U.S. Department of Agriculture (USDA) is amending its
Guidelines for Designating Biobased Products for Federal Procurement,
to add nine sections to designate items within which biobased products
will be afforded Federal procurement preference, as provided for under
section 9002 of the Farm Security and Rural Investment Act of 2002, as
amended by the Food, Conservation, and Energy Act of 2008 (FCEA)
(referred to in this document as ``section 9002''). USDA also is
establishing a minimum biobased content for each of these items.
DATES: This rule is effective November 27, 2009.
FOR FURTHER INFORMATION CONTACT: Ron Buckhalt, USDA, Office of
Procurement and Property Management, 342 Reporters Building, 300 7th
St. SW., Washington, DC 20024; e-mail: [email protected]; phone
(202) 205-4008. Information regarding the preferred procurement program
(one part of the BioPreferred Program) is available on the Internet at
http://www.biopreferred.gov.
SUPPLEMENTARY INFORMATION: The information presented in this preamble
is organized as follows:
I. Authority
II. Background
III. Discussion of Public Comments
IV. Regulatory Information
Executive Order 12866: Regulatory Planning and Review
Regulatory Flexibility Act (RFA)
Executive Order 12630: Governmental Actions and Interference
With Constitutionally Protected Property Rights
Executive Order 12988: Civil Justice Reform
Executive Order 13132: Federalism
Unfunded Mandates Reform Act of 1995
Executive Order 12372: Intergovernmental Review of Federal
Programs
Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Paperwork Reduction Act
E-Government Act Compliance
I. Authority
These items are designated under the authority of section 9002 of
the Farm Security and Rural Investment Act of 2002 (FSRIA), as amended
by the Food, Conservation, and Energy Act of 2008 (FCEA), 7 U.S.C. 8102
(referred to in this document as ``section 9002'').
II. Background
As part of the BioPreferred Program, USDA published on October 23,
2008, a proposed rule in the Federal Register (FR) for the purpose of
designating a total of nine items for the preferred procurement of
biobased products by Federal agencies (referred to hereafter in this FR
notice as the ``preferred procurement program''). This proposed rule
can be found at 73 FR 63298. This rulemaking is referred to in this
preamble as Round 5 (RIN 0503-AA33).
In the proposed rule, USDA proposed designating the following nine
items for the preferred procurement program: Chain and cable
lubricants; corrosion preventatives; food cleaners; forming lubricants;
gear lubricants; general purpose household cleaners; industrial
cleaners; multipurpose cleaners; and parts wash solutions.
Today's final rule designates the proposed items within which
biobased products will be afforded Federal procurement preference. USDA
has determined that each of the items being designated under today's
rulemaking meets the necessary statutory requirements; that they are
being produced with biobased products; and that their procurement will
carry out the following objectives of section 9002: To improve demand
for biobased products; to spur development of the industrial base
through value-added agricultural processing and manufacturing in rural
communities; and to enhance the Nation's energy security by
substituting biobased products for products derived from imported oil
and natural gas.
When USDA designates by rulemaking an item (a generic grouping of
products) for preferred procurement under the BioPreferred Program,
manufacturers of all products under the umbrella of that item that meet
the requirements to qualify for preferred procurement can claim that
status for their products. To qualify for preferred procurement, a
product must be within a designated item and must contain at least the
minimum biobased content established for the designated item. When the
designation of specific items is finalized, USDA will invite the
manufacturers of these qualifying products to post information on the
product, contacts, and performance testing on its BioPreferred Web
site, http://www.biopreferred.gov. Procuring agencies will be able to
utilize this Web site as one tool to determine the availability of
qualifying biobased products under a designated item. 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 of functionally equivalent items purchased
over the preceding fiscal year equaled $10,000 or more.
Subcategorization. Most of the items USDA is considering for
designation for preferred procurement cover a wide range of products.
For some items, there are subgroups of products within the item that
meet different markets and uses and/or different performance
specifications. Where such subgroups exist, USDA intends to create
subcategories within the designated items.
During the development of the proposal, USDA considered the
appropriateness of creating subcategories within the general purpose
household cleaners, industrial cleaners, and multipurpose cleaners
items. At that time, however, USDA did not have sufficient information
to justify creating subcategories within these items. In the proposed
rule, USDA requested additional information on the possibility of
subcategorizing these three items. USDA did not receive any additional
information on these items
[[Page 55090]]
during the public comment period that could be used to support the
creation of subcategories at this time. Thus, none of the items being
designated today have subcategories. USDA will continue to consider
additional information that may become available to support
subcategorization of these items in the future.
Overlap with EPA's Comprehensive Procurement Guideline program for
recovered content products. Some of the products that are biobased
items designated for preferred procurement may also be items the
Environmental Protection Agency (EPA) has designated under the EPA's
Comprehensive Procurement Guideline (CPG) for Products Containing
Recovered Materials. 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 as identified in 7 CFR 2902.2. In
situations where it believes there may be an overlap, USDA is asking
manufacturers of qualifying biobased products to provide additional
product and performance information to Federal agencies to assist them
in determining whether the biobased products in question are, or are
not, the same products for the same uses as the recovered content
products. As this information becomes available, USDA will place it on
the BioPreferred Web site with its catalog of qualifying biobased
products.
In cases where USDA believes an overlap with EPA-designated
recovered content products may occur, manufacturers are being asked to
indicate the various suggested uses of their product and the
performance standards against which a particular product has been
tested. In addition, depending on the type of biobased product,
manufacturers are being asked to provide other types of information,
such as whether the product contains petroleum-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 health measures and life-
cycle costs (the Building for Environmental and Economic Sustainability
(BEES) analysis or ASTM Standard D7075 for evaluating and reporting on
environmental performance of biobased products). Such information will
permit agencies to determine whether or not an overlap occurs.
Section 6002 of the Resource Conservation and Recovery Act (RCRA)
requires a procuring agency purchasing an item designated by EPA
generally to purchase such items composed of the highest percentage of
recovered materials content practicable. However, a procuring agency
may decide not to purchase such an item based on a determination that
the item fails to meet the reasonable performance standards or
specifications of the procuring agency. An item with recovered
materials content may not meet reasonable performance standards or
specifications, for example, if the use of the item with recovered
materials content would jeopardize the intended end use of the item.
Where a biobased item is used for the same purposes and to meet the
same Federal agency performance requirements as an EPA-designated
recovered content product, the Federal agency must purchase the
recovered content product. For example, if a biobased hydraulic fluid
is to be used as a fluid in hydraulic systems and because ``lubricating
oils containing re-refined oil'' has already been designated by EPA for
that purpose, then the Federal agency must purchase the EPA-designated
recovered content product, ``lubricating oils containing re-refined
oil.'' If, on the other hand, that biobased hydraulic fluid is to be
used to address a Federal agency's certain environmental or health
performance requirements that the EPA-designated recovered content
product would not meet, then the biobased product should be given
preference, subject to cost, availability, and performance.
This final rule designates one item for preferred procurement for
which there may be overlap with EPA-designated recovered content
products. This item is gear lubricants. Depending on how they are to be
used, qualifying products under this item may overlap with the EPA-
designated recovered content products ``lubricating oils containing re-
refined oil.'' EPA provides recovered materials content recommendations
for this recovered content product in a Recovered Materials Advisory
Notice (RMAN I). The RMAN recommendations for each of this CPG product
can be found by accessing EPA's Web site http://www.epa.gov/epaoswer/non-hw/procure/products.htm and then clicking on the appropriate
product name.
Minimum Biobased Contents. The minimum biobased contents being
established with today's rulemaking are based on products for which
USDA has biobased content test data. In addition to considering the
biobased content test data for each item, USDA also considers other
factors when establishing the minimum biobased content. These other
factors include: Public comments received on the proposed minimum
biobased contents; product performance information to justify the
inclusion of products at lower levels of biobased content; and the
range, groupings, and breaks in the biobased content test data array.
Consideration of this information allows USDA to establish minimum
biobased contents on a broad set of factors to assist the Federal
procurement community in its decision to purchase biobased products.
USDA makes every effort to obtain biobased content test data on
multiple products within each item. For most designated items, USDA has
biobased content test data on more than one product within a designated
item. However, USDA must rely on biobased product manufacturers to
voluntarily submit product information and, in some cases, USDA has
been able to obtain biobased content data for only a single product
within a designated item. As USDA obtains additional data on the
biobased contents for products within these nine designated items, USDA
will evaluate whether the minimum biobased content for a designated
item will be revised.
USDA anticipates that the minimum biobased content of an item that
is based on a single product is more likely to change as additional
products in those items are identified and tested. In today's
rulemaking, none of the minimum biobased contents are based on a single
tested product.
For all items where additional information indicates that it is
appropriate to revise a minimum biobased content established under
today's rulemaking, USDA will propose the change in a notice in the
Federal Register to allow public comment on the proposed revised
minimum biobased content. USDA will then consider the public comments
and issue a final rulemaking on the minimum biobased content.
Future Designations. In making future designations, USDA will
continue to conduct market searches to identify manufacturers of
biobased products within items. USDA will then contact the identified
manufacturers to solicit samples of their products for voluntary
submission for biobased content testing or for the BEES analytical
tool. Based on these results, USDA will then propose new items for
designation for preferred procurement.
USDA plans to identify approximately 10-15 items in each future
rulemaking. USDA has developed a preliminary list of items for future
designation. This list is available on the BioPreferred Web
[[Page 55091]]
site. While this list presents an initial prioritization of items for
designation, USDA cannot identify with any certainty which items will
be presented in each of the future rulemakings. In response to comments
from other Federal Agencies, USDA intends to give increased priority to
those items that contain the highest biobased content. In addition, as
the program matures, manufacturers of biobased products within some
industry segments have become more responsive to USDA's requests for
technical information than those in other segments. Thus, items with
high biobased content and for which sufficient technical information
can be obtained quickly may be added or moved up on the prioritization
list. USDA intends to update the list of items for future designation
on the Biopreferred Web site every six months, or more often if
significant changes are made to the list.
Exemptions. In earlier item designation rules, USDA created
exemptions from the preferred procurement program's requirements for
procurements involving combat or combat-related missions and for
spacecraft systems and launch support equipment. Since publication of
those final rules in the Federal Register, and in response to comments
from the Department of Defense (DoD), USDA has decided to create
``blanket'' exemptions for all items used in products or systems
designed or procured for combat or combat-related missions, which will
apply to all items designated for the procurement preference. These
``blanket'' exemptions can be found in subpart A of part 2902. Because
these blanket exemptions are included in subpart A of part 2902, it is
unnecessary to repeat them in the individual item designations in this
final rule.
III. Discussion of Public Comments
USDA solicited comments on the proposed rule for 60 days ending on
December 22, 2008. No public comments were received and no additional
technical information has been collected to justify revising the
proposed rule. Thus, today's action finalizes the designation of the
nine items within which biobased products will be afforded Federal
procurement preference, as proposed. USDA encourages manufacturers,
vendors, and purchasers of biobased products within these nine
designated items to continue to submit information relative to products
available within these items. If sufficient supporting information
becomes available, USDA will consider amending today's rulemaking by
creating subcategories within the items, raising (or lowering) the
minimum biobased content, or other appropriate actions.
IV. Regulatory Information
A. Executive Order 12866: Regulatory Planning and Review
This action has been determined significant for purposes of
Executive Order 12866 and, therefore, has been reviewed by the Office
of Management and Budget. We are not able to quantify the annual
economic effect associated with this final rule. As discussed in the
proposed rule, USDA made extensive efforts to obtain information on the
Federal agencies' usage within the nine designated items. These efforts
were largely unsuccessful. Therefore attempts to quantify the economic
impact of this rule would require estimation of the anticipated market
penetration of biobased products based upon many assumptions. In
addition, because agencies have the option of not purchasing designated
items if costs are ``unreasonable,'' the product is not readily
available, or the product does not demonstrate necessary performance
characteristics, certain assumptions may not be valid. While facing
these quantitative challenges, USDA relied upon a qualitative
assessment to determine the impacts of this rulemaking. This assessment
was based primarily on the offsetting nature of the program (an
increase in biobased products purchased with a corresponding decrease
in petroleum products purchased). Consideration was also given to the
fact that agencies may choose not procure designated items due to
unreasonable costs.
1. Summary of Impacts
This 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 and manufacturers to
begin supplying products under the designated biobased items to Federal
agencies and their contractors. However, other businesses and
manufacturers that supply only non-qualifying products and do not offer
biobased alternatives may experience a decrease in demand from Federal
agencies and their contractors. USDA is unable to determine the number
of businesses, including small businesses, that may be adversely
affected by this rule. The rule, however, will not affect existing
purchase orders, nor will it preclude businesses from modifying their
product lines to meet new requirements for designated biobased
products. Because the extent to which procuring agencies will find the
performance and costs of biobased products acceptable is unknown, it is
impossible to quantify the actual economic effect of the rule.
2. Benefits of the rule
The designation of these nine items provides the benefits outlined
in the objectives of section 9002: To increase domestic demand for many
agricultural commodities that can serve as feedstocks for production of
biobased products; 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. On a national and regional level, this rule can result
in expanding and strengthening markets for biobased materials used in
these items.
3. Costs of the rule
Like the benefits, the costs of this rule have not been quantified.
Two types of costs are involved: Costs to producers of products that
will compete with the preferred products and costs to Federal agencies
to provide procurement preference for the preferred products. Producers
of competing products may face a decrease in demand for their products
to the extent Federal agencies refrain from purchasing their products.
However, it is not known to what extent this may occur. Procurement
costs for Federal agencies may rise as they evaluate the availability
and relative cost of preferred products before making a purchase.
B. Regulatory Flexibility Act (RFA)
When an agency issues a final rule following a proposed rule, the
Regulatory Flexibility Act (RFA, 5 U.S.C. 601-612) requires the agency
to prepare a final regulatory flexibility analysis. 5 U.S.C. 604.
However, the requirement for a final regulatory flexibility analysis
does not apply if the head of the agency certifies that the rule will
not, if promulgated, have a significant economic impact on a
substantial number of small entities. 5 U.S.C. 605(b).
USDA evaluated the potential impacts of its designation of these
items to determine whether its actions would have a significant impact
on a substantial number of small entities. Because the preferred
procurement program established under section 9002 applies only to
Federal agencies and
[[Page 55092]]
their contractors, small governmental (city, county, etc.) agencies are
not affected. Thus, this rule will not have a significant economic
impact on small governmental jurisdictions.
USDA anticipates that this program will benefit 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.
The intent of section 9002 is largely to stimulate the production
of new biobased products and to energize emerging markets for those
products. Because the program is still in its infancy, however, it is
unknown how many businesses will ultimately be affected. While USDA has
no data on the number of small businesses that may choose to develop
and market biobased products within the items designated by this
rulemaking, the number is expected to be small. Because biobased
products represent a small emerging market, only a small percentage of
all manufacturers, large or small, are expected to develop and market
biobased products. Thus, the number of small businesses manufacturing
biobased products affected by this rulemaking is not expected to be
substantial.
The preferred procurement program may decrease opportunities for
businesses that manufacture or sell non-biobased products or provide
components for the manufacturing of such products. Most manufacturers
of non-biobased products within the items being designated for
preferred procurement in this final rule are expected to be included
under NAICS codes 324191 (Petroleum lubricating oil and grease
manufacturing), 325611 (Soap and other detergent manufacturing), or
325612 (Polish and other sanitation goods manufacturing). USDA obtained
information on these three NAICS categories from the U.S. Census
Bureau's Economic Census database. USDA found that the Economic Census
reports about 1,500 companies within these three NAICS categories and
that nearly all of these companies (about 1,490) report less than 500
employees. Thus, nearly all of the businesses fall within the Small
Business Administration's definition of a small business (less than 500
employees, in most NAICS categories).
USDA does not have data on the potential adverse impacts on
manufacturers of non-biobased products within the items being
designated, but believes that the impact will not be significant. The
items being designated in this rulemaking are, in general terms, either
cleaning products or lubricating products. These products are widely
used by the general public and by industrial/commercial establishments
that are not subject to this rulemaking. Thus, USDA believes that the
number of small businesses manufacturing non-biobased products within
the items being designated and selling significant quantities of those
products to government agencies affected by this rulemaking to be
relatively low. Also, this 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. This 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 this rule
are not expected to be significant.
After considering the economic impacts of this rule on small
entities, USDA certifies that this action will not have a significant
economic impact on a substantial number of small entities.
While not a factor relevant to determining whether the rule will
have a significant impact for RFA purposes, USDA has concluded that the
effect of the rule will be to provide positive opportunities to
businesses engaged in the manufacture of these biobased products.
Purchase and use of these biobased products by procuring agencies
increase demand for these products and result in private sector
development of new technologies, creating business and employment
opportunities that enhance local, regional, and national economies.
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 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 rule has been reviewed in accordance with Executive Order
12988, Civil Justice Reform. This rule does not preempt State or local
laws, is not intended to have retroactive effect, and does not involve
administrative appeals.
E. Executive Order 13132: Federalism
This rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment. Provisions of this
rule will not have a substantial direct effect on States or their
political subdivisions or on the distribution of power and
responsibilities among the various government levels.
F. Unfunded Mandates Reform Act of 1995
This rule contains no Federal mandates under the regulatory
provisions of Title II of the Unfunded Mandates Reform Act of 1995
(UMRA), 2 U.S.C. 1531-1538, for State, local, and tribal governments,
or the private sector. Therefore, a statement under section 202 of UMRA
is not required.
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. Although
there is no statutory requirement to do so, we believe that, in the
long term, many State and local governments will implement similar
purchase programs based on the BioPreferred Program. USDA has been
charged by Congress to share information on the BioPreferred Program
with State and local governments.
H. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Today's rule does not significantly or uniquely affect ``one or
more Indian tribes,* * * the relationship between the Federal
Government and Indian tribes, or * * * the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
Thus, no further action is required under Executive Order 13175.
I. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501
[[Page 55093]]
through 3520), the information collection under this rule is currently
approved under OMB control number 0503-0011.
J. E-Government Act Compliance
The Office of Procurement and Property Management is committed to
compliance with the E-Government Act, which requires Government
agencies in general to provide the public the option of submitting
information or transacting business electronically to the maximum
extent possible. USDA is implementing an electronic information system
for posting information voluntarily submitted by manufacturers or
vendors on the products they intend to offer for preferred procurement
under each designated item. For information pertinent to E-Government
Act compliance related to this rule, please contact Ron Buckhalt at
(202) 205-4008.
List of Subjects in 7 CFR Part 2902
Biobased products, Procurement.
0
For the reasons stated in the preamble, the Department of Agriculture
is amending 7 CFR chapter XXIX as follows:
CHAPTER XXIX--OFFICE OF ENERGY POLICY AND NEW USES
PART 2902--GUIDELINES FOR DESIGNATING BIOBASED PRODUCTS FOR FEDERAL
PROCUREMENT
0
1. The authority citation for part 2902 continues to read as follows:
Authority: 7 U.S.C. 8102.
0
2. Add Sec. Sec. 2902.43 through 2902.51 to subpart B to read as
follows:
Sec.
2902.43 Chain and cable lubricants.
2902.44 Corrosion preventatives.
2902.45 Food cleaners.
2902.46 Forming lubricants.
2902.47 Gear lubricants.
2902.48 General purpose household cleaners.
2902.49 Industrial cleaners.
2902.50 Multipurpose cleaners.
2902.51 Parts wash solutions.
Sec. 2902.43 Chain and cable lubricants.
(a) Definition. Products designed to provide lubrication in such
applications as bar and roller chains, sprockets, and wire ropes and
cables. Products may also prevent rust and corrosion in these
applications.
(b) Minimum biobased content. The preferred procurement product
must have a minimum biobased content of at least 77 percent, which
shall be based on the amount of qualifying biobased carbon in the
product as a percent of the weight (mass) of the total organic carbon
in the finished product.
(c) Preference compliance date. No later than October 27, 2010,
procuring agencies, in accordance with this part, will give a
procurement preference for qualifying biobased chain and cable
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
chain and cable lubricants.
Sec. 2902.44 Corrosion preventatives.
(a) Definition. Products designed to prevent the deterioration
(corrosion) of metals.
(b) Minimum biobased content. The preferred procurement product
must have a minimum biobased content of at least 53 percent, which
shall be based on the amount of qualifying biobased carbon in the
product as a percent of the weight (mass) of the total organic carbon
in the finished product.
(c) Preference compliance date. No later than October 27, 2010,
procuring agencies, in accordance with this part, will give a
procurement preference for qualifying biobased corrosion preventatives.
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
corrosion preventatives.
Sec. 2902.45 Food cleaners.
(a) Definition. Anti-microbial products designed to clean the outer
layer of various food products, such as fruit, vegetables, and meats.
(b) Minimum biobased content. The preferred procurement product
must have a minimum biobased content of at least 53 percent, which
shall be based on the amount of qualifying biobased carbon in the
product as a percent of the weight (mass) of the total organic carbon
in the finished product.
(c) Preference compliance date. No later than October 27, 2010,
procuring agencies, in accordance with this part, will give a
procurement preference for qualifying biobased food 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 food cleaners.
Sec. 2902.46 Forming lubricants.
(a) Definition. Products designed to provide lubrication during
metalworking applications that are performed under extreme pressure.
Such metalworking applications include tube bending, stretch forming,
press braking, and swaging.
(b) Minimum biobased content. The preferred procurement product
must have a minimum biobased content of at least 68 percent, which
shall be based on the amount of qualifying biobased carbon in the
product as a percent of the weight (mass) of the total organic carbon
in the finished product.
(c) Preference compliance date. No later than October 27, 2010,
procuring agencies, in accordance with this part, will give a
procurement preference for qualifying biobased forming 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 forming
lubricants.
Sec. 2902.47 Gear lubricants.
(a) Definition. Products, such as greases or oils, that are
designed to reduce friction when applied to a toothed machine part
(such as a wheel or cylinder) that meshes with another toothed part to
transmit motion or to change speed or direction.
(b) Minimum biobased content. The preferred procurement product
must have a minimum biobased content of at least 58 percent, which
shall be based on the amount of qualifying biobased carbon in the
product as a percent of the weight (mass) of the total organic carbon
in the finished product.
(c) Preference compliance date. No later than October 27, 2010,
procuring agencies, in accordance with this part, will give a
procurement preference for qualifying biobased gear 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 gear lubricants.
(d) Determining overlap with an EPA-designated recovered content
product. Qualifying biobased products that fall under this item may, in
some cases, overlap with the following EPA-designated recovered content
product: Lubricating oils containing re-refined oil. USDA is requesting
that manufacturers of these qualifying biobased products provide
information for the BioPreferred 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
[[Page 55094]]
whether or not a qualifying biobased product overlaps with EPA-
designated re-refined lubricating oils and which product should be
afforded the preference in purchasing.
Note to paragraph (d): Biobased gear lubricant products within
this designated item can compete with similar gear lubricant
products with recycled content. Under the Resource Conservation and
Recovery Act of 1976, section 6002, the U.S. Environmental
Protection Agency designated re-refined lubricating oils containing
recovered materials as items for which Federal agencies must give
preference in their purchasing programs. The designation can be
found in the Comprehensive Procurement Guideline, 40 CFR 247.11.
Sec. 2902.48 General purpose household cleaners.
(a) Definition. Products designed to clean multiple common
household surfaces. This designated item does not include products that
are formulated for use as disinfectants. Task-specific cleaning
products, such as spot and stain removers, upholstery cleaners,
bathroom cleaners, glass cleaners, etc., are not included in this item.
(b) Minimum biobased content. The preferred procurement product
must have a minimum biobased content of at least 39 percent, which
shall be based on the amount of qualifying biobased carbon in the
product as a percent of the weight (mass) of the total organic carbon
in the finished product.
(c) Preference compliance date. No later than October 27, 2010,
procuring agencies, in accordance with this part, will give a
procurement preference for qualifying biobased general purpose
household 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 general purpose household cleaners.
Sec. 2902.49 Industrial cleaners.
(a) Definition. Products used to remove contaminants, such as
adhesives, inks, paint, dirt, soil, and grease, from parts, products,
tools, machinery, equipment, vessels, floors, walls, and other
production-related work areas. The cleaning products within this item
are usually solvents, but may take other forms. They may be used in
either straight solution or diluted with water in pressure washers, or
in hand wiping applications in industrial or manufacturing settings,
such as inside vessels. Task-specific cleaners used in industrial
settings, such as parts wash solutions, are not included in this
definition.
(b) Minimum biobased content. The preferred procurement product
must have a minimum biobased content of at least 41 percent, which
shall be based on the amount of qualifying biobased carbon in the
product as a percent of the weight (mass) of the total organic carbon
in the finished product.
(c) Preference compliance date. No later than October 27, 2010,
procuring agencies, in accordance with this part, will give a
procurement preference for qualifying biobased industrial 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 industrial
cleaners.
Sec. 2902.50 Multipurpose cleaners.
(a) Definition. Products used to clean dirt, grease, and grime from
a variety of items in both industrial and domestic settings. This
designated item does not include products that are formulated for use
as disinfectants.
(b) Minimum biobased content. The preferred procurement product
must have a minimum biobased content of at least 56 percent, which
shall be based on the amount of qualifying biobased carbon in the
product as a percent of the weight (mass) of the total organic carbon
in the finished product.
(c) Preference compliance date. No later than October 27, 2010,
procuring agencies, in accordance with this part, will give a
procurement preference for qualifying biobased multipurpose 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
multipurpose cleaners.
Sec. 2902.51 Parts wash solutions.
(a) Definition. Products that are designed to clean parts in manual
or automatic cleaning systems. Such systems include, but are not
limited to, soak vats and tanks, cabinet washers, and ultrasonic
cleaners.
(b) Minimum biobased content. The preferred procurement product
must have a minimum biobased content of at least 65 percent, which
shall be based on the amount of qualifying biobased carbon in the
product as a percent of the weight (mass) of the total organic carbon
in the finished product.
(c) Preference compliance date. No later than October 27, 2010,
procuring agencies, in accordance with this part, will give a
procurement preference for qualifying biobased parts wash solutions. 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 parts wash
solutions.
Dated: October 21, 2009.
Pearlie S. Reed,
Assistant Secretary for Administration, U.S. Department of Agriculture.
[FR Doc. E9-25756 Filed 10-26-09; 8:45 am]
BILLING CODE 3410-GL-P