Designation of Biobased Items for Federal Procurement, 67031-67032 [E6-19587]

Download as PDF 67031 Rules and Regulations Federal Register Vol. 71, No. 223 Monday, November 20, 2006 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF AGRICULTURE Office of Energy Policy and New Uses 7 CFR Part 2902 RIN 0503–AA29 Designation of Biobased Items for Federal Procurement Office of Energy Policy and New Uses, USDA. ACTION: Final rule; establishment of effective date. sroberts on PROD1PC70 with RULES AGENCY: SUMMARY: The U.S. Department of Agriculture (USDA) is amending 7 CFR part 2902, Guidelines for Designating Biobased Products for Federal Procurement, to establish the effective date by which procuring agencies must give a procurement preference for qualifying biobased water tank coatings and bedding, bed linens, and towels. These two items were designated for procurement preference in a final rule published by USDA on March 16, 2006 (71 FR 13686). At that time, however, the effective date by which procuring agencies were required to give these two designated items procurement preference was deferred until such time that additional manufacturers of products within these designated items were identified. This final rule announces that additional manufacturers have been identified for each item and establishes the effective date by which procuring agencies must give these two designated items procurement preference. DATES: This rule is effective November 20, 2006. 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: mduncan@oce.usda.gov; phone: (202) 401–0461. Information VerDate Aug<31>2005 19:12 Nov 17, 2006 Jkt 211001 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 Changes IV. Regulatory Information A. Executive Order 12866: Regulatory Planning and Review B. Executive Order 12630: Governmental Actions and Interference With Constitutionally Protected Property Rights C. Executive Order 12988: Civil Justice Reform D. Executive Order 13132: Federalism E. Unfunded Mandates Reform Act of 1995 F. Executive Order 12372: Intergovernmental Review of Federal Programs G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments I. Authority The Guidelines for Designating Biobased Products for Federal Procurement (the Guidelines) were established 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’’), as amended by the Energy Policy Act of 2005 (Pub. L. 109–58). II. Background On March 16, 2006, USDA published in the Federal Register (71 FR 13686) a final rule designating six items within which biobased products will be afforded procurement preference, as required by section 9002 of FSRIA. In that final rule, USDA established an effective date of March 16, 2007, as the date by which procuring agencies must give procurement preference to four of the six items. However, as discussed in the preamble to the March 16, 2006, final rule, USDA deferred establishing an effective date for the other two items because only one manufacturer of a biobased product within each of these items had been identified. The two items for which an effective date was deferred were water tank coatings and bedding, bed linens, and towels. In the March 16, 2006, Federal Register notice, USDA announced that a preferred procurement effective date PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 would be established for water tank coatings and bedding, bed linens, and towels after two or more manufacturers of biobased products within these items were identified. With today’s final rule, USDA is announcing that additional manufacturers of products within these two designated items have been identified. As it has done with all manufacturers of qualifying biobased products, USDA invites these manufacturers of qualifying products to post information on the product, contact information, and performance testing on its FB4P Web site, http:// www.biobased.oce.usda.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. III. Summary of Changes This final rule amends subsections 2902.12(c) and 2902.15(c) to specify the dates by which procuring agencies must give procurement preference to biobased products within the water tank coatings and bedding, bed linens, and towels designated items, respectively. USDA is establishing a preference effective date of November 20, 2007 for these two designated items. This effective date allows procuring agencies a one-year period for the implementation of the procurement preference. IV. Regulatory Information A. Executive Order 12866: Regulatory Planning and Review This rule has been reviewed under Executive Order 12866. This rule has been determined to be not significant for the purposes of Executive Order 12866, and therefore has not been reviewed by the Office of Management and Budget (OMB). B. Executive Order 12630: Governmental Actions and Interference With Constitutionally Protected Property Rights This final rule has been reviewed in accordance with Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, and does not contain policies that would have implications for these rights. E:\FR\FM\20NOR1.SGM 20NOR1 67032 Federal Register / Vol. 71, No. 223 / Monday, November 20, 2006 / Rules and Regulations C. Executive Order 12988: Civil Justice Reform This final rule has been reviewed in accordance with Executive Order 12988, Civil Justice Reform. This rule does not preempt State or local laws, is not intended to have retroactive effect, and does not involve administrative appeals. 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: I Authority: 7 U.S.C. 8102. D. Executive Order 13132: Federalism This final 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. E. Unfunded Mandates Reform Act of 1995 This final rule contains no Federal mandates under the regulatory provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531–1538, for State, local, and tribal governments, or the private sector. Therefore, a statement under section 202 of UMRA is not required. F. Executive Order 12372: Intergovernmental Review of Federal Programs For the reasons set forth in the Final Rule Related Notice for 7 CFR part 3015, subpart V (48 FR 29115, June 24, 1983), this program is excluded from the scope of the Executive Order 12372, which requires intergovernmental consultation with State and local officials. This program does not directly affect State and local governments. G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Today’s final rule does not significantly or uniquely affect ‘‘one or more Indian tribes, * * * the relationship between the Federal Government and Indian tribes, or * * * the distribution of power and responsibilities between the Federal Government and Indian tribes.’’ Thus, no further action is required under Executive Order 13175. sroberts on PROD1PC70 with RULES For the reasons stated in the preamble, the Department of Agriculture is amending 7 CFR chapter XXIX as follows: 19:12 Nov 17, 2006 Jkt 211001 Water tank coatings. * * * * * (c) Preference effective date. No later than November 20, 2007, procuring agencies, in accordance with this part, will give a procurement preference for qualifying biobased water tank coatings. 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 water tank coatings. I 3. Revise paragraph (c) of § 2902.15 to read as follows: § 2902.15 Bedding, bed linens, and towels. * * * * * (c) Preference effective date. No later than November 20, 2007, procuring agencies, in accordance with this part, will give a procurement preference for qualifying biobased bedding, bed linens, and towels. 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 bedding, bed linens, and towels. Dated: November 14, 2006. Keith Collins, Chief Economist, U.S. Department of Agriculture. [FR Doc. E6–19587 Filed 11–17–06; 8:45 am] SUPPLEMENTARY INFORMATION: Classification This final rule has been reviewed under Executive Order 12866 and determined not to be significant and has not been reviewed by the Office of Management and Budget (OMB). Programs Affected The Catalog of Federal Domestic Assistance number for the program impacted by this action is 10.768, Business and Industry Loans. Intergovernmental Review Rural Business-Cooperative Service Business and Industry Guaranteed Loans are subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. Intergovernmental consultation is required in the manner delineated in RD Instruction 1940–J and 7 CFR part 3015, subpart V, ‘‘Intergovernmental Review of Rural Development Programs and Activities.’’ Rural Utilities Service Civil Justice Reform BILLING CODE 3410–GL–P DEPARTMENT OF AGRICULTURE 7 CFR Part 4279 Business and Industry Guaranteed Loan Program Biobased products, Procurement. VerDate Aug<31>2005 § 2902.12 RIN 0570–AA54 List of Subjects in 7 CFR Part 2902 I 2. Revise paragraph (c) of § 2902.12 to read as follows: I SUMMARY: Rural Business-Cooperative Service (RBS) amends its regulations for the Business and Industry (B&I) Guaranteed Loan Program by modifying the regulation regarding personal and corporate guarantors. This action will standardize the guarantor process. The Agency has created a guarantor form which will be used to obtain the personal or corporate guarantee of anyone owning greater than 20 percent interest in the borrower. The effect of this rule is to allow the Agency to use all remedies available to pursue collection from guarantors, including offset under the Debt Collection Improvement Act. DATES: This rule is effective December 20, 2006. FOR FURTHER INFORMATION CONTACT: David Lewis, Business and Industry Loan Servicing Branch, Rural BusinessCooperative Service, U.S. Department of Agriculture, STOP 3224, 1400 Independence Avenue, SW., Washington, DC 20250–3224, telephone (202) 690–0797, or by e-mail to david.lewis@wdc.usda.gov. Rural Business-Cooperative Service, USDA. ACTION: Final rule. AGENCY: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. In accordance with this rule, (1) All State and local laws and regulations that are in conflict with this rule will be preempted; (2) no retroactive effect will be given this rule; and (3) administrative proceedings of the National Appeals Division (7 CFR part 11) must be exhausted before bringing suit in court challenging action taken under this rule. E:\FR\FM\20NOR1.SGM 20NOR1

Agencies

[Federal Register Volume 71, Number 223 (Monday, November 20, 2006)]
[Rules and Regulations]
[Pages 67031-67032]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19587]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 71, No. 223 / Monday, November 20, 2006 / 
Rules and Regulations

[[Page 67031]]



DEPARTMENT OF AGRICULTURE

Office of Energy Policy and New Uses

7 CFR Part 2902

RIN 0503-AA29


Designation of Biobased Items for Federal Procurement

AGENCY: Office of Energy Policy and New Uses, USDA.

ACTION: Final rule; establishment of effective date.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Agriculture (USDA) is amending 7 CFR 
part 2902, Guidelines for Designating Biobased Products for Federal 
Procurement, to establish the effective date by which procuring 
agencies must give a procurement preference for qualifying biobased 
water tank coatings and bedding, bed linens, and towels. These two 
items were designated for procurement preference in a final rule 
published by USDA on March 16, 2006 (71 FR 13686). At that time, 
however, the effective date by which procuring agencies were required 
to give these two designated items procurement preference was deferred 
until such time that additional manufacturers of products within these 
designated items were identified. This final rule announces that 
additional manufacturers have been identified for each item and 
establishes the effective date by which procuring agencies must give 
these two designated items procurement preference.

DATES: This rule is effective November 20, 2006.

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: mduncan@oce.usda.gov; 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 Changes
IV. Regulatory Information
    A. Executive Order 12866: Regulatory Planning and Review
    B. Executive Order 12630: Governmental Actions and Interference 
With Constitutionally Protected Property Rights
    C. Executive Order 12988: Civil Justice Reform
    D. Executive Order 13132: Federalism
    E. Unfunded Mandates Reform Act of 1995
    F. Executive Order 12372: Intergovernmental Review of Federal 
Programs
    G. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments

I. Authority

    The Guidelines for Designating Biobased Products for Federal 
Procurement (the Guidelines) were established 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''), as amended by the Energy Policy Act of 2005 (Pub. L. 109-58).

II. Background

    On March 16, 2006, USDA published in the Federal Register (71 FR 
13686) a final rule designating six items within which biobased 
products will be afforded procurement preference, as required by 
section 9002 of FSRIA. In that final rule, USDA established an 
effective date of March 16, 2007, as the date by which procuring 
agencies must give procurement preference to four of the six items. 
However, as discussed in the preamble to the March 16, 2006, final 
rule, USDA deferred establishing an effective date for the other two 
items because only one manufacturer of a biobased product within each 
of these items had been identified. The two items for which an 
effective date was deferred were water tank coatings and bedding, bed 
linens, and towels.
    In the March 16, 2006, Federal Register notice, USDA announced that 
a preferred procurement effective date would be established for water 
tank coatings and bedding, bed linens, and towels after two or more 
manufacturers of biobased products within these items were identified. 
With today's final rule, USDA is announcing that additional 
manufacturers of products within these two designated items have been 
identified. As it has done with all manufacturers of qualifying 
biobased products, USDA invites these manufacturers of qualifying 
products to post information on the product, contact information, and 
performance testing on its FB4P Web site, http://
www.biobased.oce.usda.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.

III. Summary of Changes

    This final rule amends subsections 2902.12(c) and 2902.15(c) to 
specify the dates by which procuring agencies must give procurement 
preference to biobased products within the water tank coatings and 
bedding, bed linens, and towels designated items, respectively. USDA is 
establishing a preference effective date of November 20, 2007 for these 
two designated items. This effective date allows procuring agencies a 
one-year period for the implementation of the procurement preference.

IV. Regulatory Information

A. Executive Order 12866: Regulatory Planning and Review

    This rule has been reviewed under Executive Order 12866. This rule 
has been determined to be not significant for the purposes of Executive 
Order 12866, and therefore has not been reviewed by the Office of 
Management and Budget (OMB).

B. Executive Order 12630: Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    This final rule has been reviewed in accordance with Executive 
Order 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights, and does not contain 
policies that would have implications for these rights.

[[Page 67032]]

C. Executive Order 12988: Civil Justice Reform

    This final rule has been reviewed in accordance with Executive 
Order 12988, Civil Justice Reform. This rule does not preempt State or 
local laws, is not intended to have retroactive effect, and does not 
involve administrative appeals.

D. Executive Order 13132: Federalism

    This final 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.

E. Unfunded Mandates Reform Act of 1995

    This final rule contains no Federal mandates under the regulatory 
provisions of Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA), 2 U.S.C. 1531-1538, for State, local, and tribal governments, 
or the private sector. Therefore, a statement under section 202 of UMRA 
is not required.

F. Executive Order 12372: Intergovernmental Review of Federal Programs

    For the reasons set forth in the Final Rule Related Notice for 7 
CFR part 3015, subpart V (48 FR 29115, June 24, 1983), this program is 
excluded from the scope of the Executive Order 12372, which requires 
intergovernmental consultation with State and local officials. This 
program does not directly affect State and local governments.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Today's final rule does not significantly or uniquely affect ``one 
or more Indian tribes, * * * the relationship between the Federal 
Government and Indian tribes, or * * * the distribution of power and 
responsibilities between the Federal Government and Indian tribes.'' 
Thus, no further action is required under Executive Order 13175.

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, DEPARTMENT OF 
AGRICULTURE

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. Revise paragraph (c) of Sec.  2902.12 to read as follows:


Sec.  2902.12  Water tank coatings.

* * * * *
    (c) Preference effective date. No later than November 20, 2007, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased water tank coatings. 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 water tank 
coatings.

0
3. Revise paragraph (c) of Sec.  2902.15 to read as follows:


Sec.  2902.15  Bedding, bed linens, and towels.

* * * * *
    (c) Preference effective date. No later than November 20, 2007, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased bedding, bed linens, and 
towels. 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 
bedding, bed linens, and towels.

    Dated: November 14, 2006.
Keith Collins,
Chief Economist, U.S. Department of Agriculture.
[FR Doc. E6-19587 Filed 11-17-06; 8:45 am]
BILLING CODE 3410-GL-P