General Services Acquisition Regulation; GSAR Case 2006-G506; Rewrite of Part 523, Environment, Conservation, Occupational Safety and Drug-Free Workplace, 11889-11891 [E9-5876]

Download as PDF Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Proposed Rules 116—Control of Air Pollution by Permits for New Construction or Modification. The July 22, 1998, revision repeals and replaces the Renewal Application Fees section with a new section. The October 4, 2002, revision increases the determination of fees for NSR permits, corrects addresses, and makes other administrative changes. The September 25, 2003, revision clarifies that an emission reduction credit must be certified and banked to be creditable as an offset in the NSR permitting program, repeals and replaces the section that addresses the use of emission reductions as offsets for NSR permitting and the definition of ‘‘offset ratio,’’ and makes administrative changes. EPA has determined that these SIP revisions comply with the Clean Air Act and EPA regulations, are consistent with EPA policies, and will improve air quality. This action is being taken under section 110 and parts C and D of the Federal Clean Air Act (the Act or CAA). DATES: Comments must be received on or before April 20, 2009. ADDRESSES: Comments may be mailed to Mr. Jeff Robinson, Chief, Air Permits Section (6PD–R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Comments may also be submitted electronically or through hand delivery/ courier by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this Federal Register. FOR FURTHER INFORMATION CONTACT: If you have questions concerning today’s proposal, please contact Ms. Melanie Magee (6PD–R), Air Permits Section, Environmental Protection Agency, Region 6, 1445 Ross Avenue (6PD–R), Suite 1200, Dallas, TX 75202–2733. The telephone number is (214) 665–7161. Ms. Magee can also be reached via electronic mail at magee.melanie@epa.gov. In the final rules section of this Federal Register, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no relevant adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action, no further activity is contemplated. If EPA receives relevant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 16:19 Mar 19, 2009 Jkt 217001 second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of the rule, and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the rules section of this Federal Register. Dated: February 26, 2009. Lawrence E. Starfield, Acting Regional Administrator, Region 6. [FR Doc. E9–5836 Filed 3–19–09; 8:45 am] BILLING CODE 6560–50–P GENERAL SERVICES ADMINISTRATION 48 CFR Parts 523 and 552 [GSAR Case 2006–G506; Docket 2009–0005; Sequence 1] RIN 3090–AI82 General Services Acquisition Regulation; GSAR Case 2006–G506; Rewrite of Part 523, Environment, Conservation, Occupational Safety and Drug-Free Workplace AGENCY: Office of the Chief Acquisition Officer, General Services Administration (GSA). ACTION: Proposed rule. SUMMARY: The GSA is proposing to amend the General Services Acquisition Regulation (GSAR) to update the text addressing environment, conservation, occupational safety and drug-free workplace. DATES: Interested parties should submit written comments to the Regulatory Secretariat on or before May 19, 2009 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by GSAR Case 2006–G506 by any of the following methods: • Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘GSAR Case 2006–G506’’ under the heading ‘‘Comment or Submission’’. Select the link ‘‘Send a Comment or Submission’’ that corresponds with GSAR Case 2006– G506. Follow the instructions provided to complete the ‘‘Public Comment and Submission Form’’. Please include your name, company name (if any), and ‘‘GSAR Case 2006–G506’’ on your attached document. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 11889 • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers, Washington, DC 20405. Instructions: Please submit comments only and cite GSAR Case 2006–G506 in all correspondence related to this case. All comments received will be posted without change to https:// www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Mr. William Clark at (202) 219–1813, or by e-mail at william.clark@gsa.gov. For information pertaining to the status or publication schedules, contact the Regulatory Secretariat (VPR), Room 4041, GS Building, Washington, DC 20405, (202) 501–4755. Please cite GSAR Case 2006–G506. SUPPLEMENTARY INFORMATION: A. Background The GSA is amending the GSAR to update the text addressing GSAR Part 523, Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace. This rule is a result of the GSA Acquisition Manual (GSAM) rewrite initiative undertaken by GSA to revise the GSAM to maintain consistency with the FAR and implement streamlined and innovative acquisition procedures that contractors, offerors, and GSA contracting personnel can utilize when entering into and administering contractual relationships. The GSAM incorporates the GSAR as well as internal agency acquisition policy. The GSA will rewrite each part of the GSAR and GSAM, and as each GSAR part is rewritten, will publish it in the Federal Register. This proposed rule changes the title of Part 523 to ‘‘Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace,’’ to correspond to the title in FAR Part 23. The title for Subpart 523.3 is changed to ‘‘Hazardous Material Identification and Material Safety Data’’ to be consistent with the corresponding FAR subpart. In addition, this proposed rule amends the GSAR to delete clause 552.223–70, Hazardous Substances, in its entirety because it does not contain all of the required statutes for shipping hazardous materials. It is replaced with two new hazardous materials clauses. Clause 552.223–70, Preservation, Packaging, Packing, Marking and Labeling of Hazardous Materials E:\FR\FM\20MRP1.SGM 20MRP1 11890 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Proposed Rules (HAZMAT) for Export Shipment, is added to require compliance by contractors with the International Maritime Dangerous Goods (IMDG) Code, the Occupational Safety and Health Regulation, and the applicable Modal Regulation, which are mandated in the new GSAR clause as they pertain to export shipping. This clause also contains a requirement for compliance by contractors with the Air Force InterService Manual (AFIM) 24–204 for military aircraft shipments. Clause 552.223–73, Preservation, Packaging, Packing, Marking and Labeling of Hazardous Materials (HAZMAT) for Domestic Shipment, is added to require compliance by contractors with the U.S. Department of Transportation Hazardous Material Regulation and the Occupational Safety and Health Administration Regulation. In addition, the provision at 552.212– 72, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to GSA Acquisition of Commercial Items, is updated to include the new hazardous material clauses. The GSA published an Advance Notice of Proposed Rulemaking (ANPR) in the Federal Register at 71 FR 7910 on February 15, 2006, with request for comments on the GSAM rewrite initiative. The GSA did not receive any comments pertaining to GSAR Part 523. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. B. Regulatory Flexibility Act The GSA does not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because there are no substantive changes. An Initial Regulatory Flexibility Analysis has, therefore, not been performed. We invite comments from small businesses and other interested parties. The GSA will consider comments from small entities concerning the affected GSAR Part 523 and 552 in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 601, et seq. (GSAR case 2006– G506), in correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act (Pub. L. 104–13) applies because the proposed rule contains information collection requirements. Accordingly, the VerDate Nov<24>2008 16:19 Mar 19, 2009 Jkt 217001 Regulatory Secretariat has submitted a request for reinstatement with changes to the information collection requirement concerning Environment, Conservation, Occupational Safety and Drug-free Workplace, to the Office of Management and Budget under 44 U.S.C. 35, et seq. Annual Reporting Burden Public reporting burden for this collection of information is estimated to average .658 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The annual reporting burden is estimated as follows: Respondents: 563. Responses per respondent: 3. Total annual responses: 1689. Preparation hours per response: .658. Total response burden hours: 1111. D. Request for Comments Regarding Paperwork Burden Submit comments, including suggestions for reducing this burden, not later than May 19, 2009 to: GSAR Desk Officer, OMB, Room 10102, NEOB, Washington, DC 20503, and a copy to the General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4041, Washington, DC 20405. Public comments are particularly invited on: whether this collection of information is necessary for the proper performance of functions of the GSAR, and will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. Requester may obtain a copy of the justification from the General Services Administration, Regulatory Secretariat (VPR), Room 4041, Washington, DC 20405, telephone (202) 208–7312. Please cite OMB Control Number 3090–0205, GSAR Case 2006–G506, Environment, Conservation, Occupational Safety and Drug-Free Workplace, in all correspondence. List of Subjects in 48 CFR Parts 523 and 552 Government procurement. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 Dated: January 13, 2009. Al Matera, Director, Office of Acquisition Policy. Therefore, GSA proposes to amend 48 CFR parts 523 and 552 as set forth below: 1. The authority citation for 48 CFR parts 523 and 552 continues to read as follows: Authority: 40 U.S.C. 121(c). PART 523—ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY AND DRUG-FREE WORKPLACE 2. Revise the heading of part 523 as set forth above. 3. Amend section 523.303 by revising the section heading, and paragraph (a); and adding new paragraph (c) to read as follows: 523.303 Contract clauses. (a) Insert 552.223–70, Preservation, Packaging, Packing, Marking and Labeling of Hazardous Materials (HAZMAT) for Export Shipment in solicitations and contracts for packaged items subject to the Occupational Safety and Health Act and the Hazardous Materials Transportation Act. * * * * * (c) Insert 552.223–73, Preservation, Packaging, Packing, Marking and Labeling of Hazardous Materials (HAZMAT) For Domestic Shipment, in solicitations and contracts for packaged items subject to the Occupational Safety and Health Act and the Hazardous Materials Transportation Act. PART 552—SOLICITATION PROVISION AND CONTRACT CLAUSES 4. Amend section 552.212–72 by revising the date of the clause and paragraph (b) to read as follows: 552.212–72 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to GSA Acquisition of Commercial Items. * * * * * CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL ITEMS (DATE) * * * * * (b) Clauses. lll552.223–70 Preservation, Packaging, Packing, Marking and Labeling of Hazardous Materials (HAZMAT) for Export Shipment lll552.223–71 Nonconforming Hazardous Material E:\FR\FM\20MRP1.SGM 20MRP1 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Proposed Rules lll552.223–73 Preservation, Packaging, Packing, Marking and Labeling of Hazardous Materials (Hazmat) For Domestic Shipment lll552.238–70 Identification of Electronic Office Equipment Providing Accessibility for the Handicapped lll 552.238–72 Identification of Products that have Environmental Attributes (End of clause) 5. Amend section 552.223–70 by revising the section heading, date of the clause, and clause to read as follows: 552.223–70 Preservation, Packaging, Packing, Marking and Labeling of Hazardous Materials (HAZMAT) for Export Shipment. * * * * * PRESERVATION, PACKAGING, PACKING, MARKING AND LABELING OF HAZARDOUS MATERIALS (HAZMAT) FOR EXPORT SHIPMENT (DATE) (a) Preservation, packaging, packing, marking and labeling of hazardous materials for shipment overseas (includes Hawaii, Puerto Rico and U.S. territories) shall comply with all requirements of the following: (1) International Maritime Dangerous Goods (IMDG) Code as established by the International Maritime Organization. (2) Items which qualify for U.S. Department of Transportation Consumer Commodity classifications shall be packaged in accordance with the IMDG Code and dual marked with both Consumer Commodity and IMDG marking and labeling. (3) Occupational Safety and Health Administration (OSHA) Regulation 29 (CFR) part 1910.1200. (4) Any preservation, packaging, packing, marking and labeling requirements contained elsewhere in this solicitation. (b) Preservation, packaging, packing, marking and labeling of overseas hazardous materials via commercial aircraft shall comply with the International Air Transport Association, Dangerous Goods Regulation (IATA). (c) Preservation, packaging, packing, marking and labeling of HAZMAT military aircraft shipments shall comply with the requirement of AFIM 24–204, Air Force InterService Manual 24–204, Preparing Hazardous Materials For Military Air Shipments. (d) The test certification data showing compliance with performance-oriented packaging requirements shall be made available to GSA contract administration/ management representatives or regulatory inspectors upon request. (End of clause) 6. Add section 552.223–73 to read as follows: 552.223–73 Preservation, Packaging, Packing, Marking and Labeling of Hazardous Materials (Hazmat) For Domestic Shipment. As prescribed in 523.303(c), insert the following clause: PRESERVATION, PACKAGING, PACKING, MARKING AND LABELING VerDate Nov<24>2008 18:26 Mar 19, 2009 Jkt 217001 OF HAZARDOUS MATERIALS (HAZMAT) FOR DOMESTIC SHIPMENT (DATE) (a) Preservation, packaging, packing, marking and labeling of hazardous materials within the continental United States shall comply with all requirements of the following: (1) U.S. Department of Transportation (DOT) Hazardous Material Regulation 49, CFR parts 171 through 180. (2) Occupational Safety and Health Administration (OSHA) Regulation 29 CFR part 1910.1200. (3) All preservation, packaging, packing, marking and labeling requirements contained elsewhere in this solicitation. (b) Hazardous Material Packages designated for overseas destinations through the GSA Distribution Centers shall comply with the International Maritime Dangerous Goods (IMDG) Code. (End of clause) [FR Doc. E9–5876 Filed 3–19–09; 8:45 am] BILLING CODE 6820–61–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 216 [Docket No. 090218189–9251–01] RIN 0648–AX29 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Target and Missile Launch Activities at San Nicolas Island, CA AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. SUMMARY: NMFS has received a request from the U.S. Navy (Navy) for authorization for the take of marine mammals, by harassment, incidental to vehicle launch operations from San Nicolas Island (SNI), California. By this document, NMFS is proposing regulations to govern that take. In order to issue a Letter of Authorization (LOA) and to issue final regulations governing the take, NMFS must determine that the taking will have a negligible impact on the species or stocks and will not have an unmitigable adverse impact on the availability of such species or stock for taking for subsistence uses. NMFS must also prescribe the means of effecting the least practicable adverse impact on such species or stock and their habitats. DATES: Comments and information must be received no later than April 20, 2009. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 11891 ADDRESSES: You may submit comments, identified by 0648–AX29, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal: https:// www.regulations.gov. • Hand delivery or mailing of paper, disk, or CD-ROM comments should be addressed to P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910–3225. Instructions: All comments received are a part of the public record and will generally be posted to https:// www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter N/A in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. A copy of the application containing a list of references used in this document and the Draft Environmental Assessment (EA) may be obtained by writing to the above address, by telephoning the contact listed under FOR FURTHER INFORMATION CONTACT, or on the Internet at: https://www.nmfs.noaa.gov/ pr/permits/incidental.htm#applications. Documents cited in this proposed rule may also be viewed, by appointment, during regular business hours at the above address. To help NMFS process and review comments more efficiently, please use only one method to submit comments. FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected Resources, NMFS, (301) 713–2289, ext. 156, or Monica DeAngelis, Southwest Regional Office, (562) 980–3232. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act (MMPA; 16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (Secretary) to allow, upon request, the incidental, but not intentional taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations E:\FR\FM\20MRP1.SGM 20MRP1

Agencies

General Services Administration

[Federal Register Volume 74, Number 53 (Friday, March 20, 2009)]
[Proposed Rules]
[Pages 11889-11891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5876]


=======================================================================
-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION

48 CFR Parts 523 and 552

[GSAR Case 2006-G506; Docket 2009-0005; Sequence 1]
RIN 3090-AI82


General Services Acquisition Regulation; GSAR Case 2006-G506; 
Rewrite of Part 523, Environment, Conservation, Occupational Safety and 
Drug-Free Workplace

AGENCY: Office of the Chief Acquisition Officer, General Services 
Administration (GSA).

ACTION: Proposed rule.

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

SUMMARY: The GSA is proposing to amend the General Services Acquisition 
Regulation (GSAR) to update the text addressing environment, 
conservation, occupational safety and drug-free workplace.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat on or before May 19, 2009 to be considered in 
the formulation of a final rule.

ADDRESSES: Submit comments identified by GSAR Case 2006-G506 by any of 
the following methods:
     Regulations.gov: https://www.regulations.gov.
    Submit comments via the Federal eRulemaking portal by inputting 
``GSAR Case 2006-G506'' under the heading ``Comment or Submission''. 
Select the link ``Send a Comment or Submission'' that corresponds with 
GSAR Case 2006-G506. Follow the instructions provided to complete the 
``Public Comment and Submission Form''. Please include your name, 
company name (if any), and ``GSAR Case 2006-G506'' on your attached 
document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (VPR), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers, 
Washington, DC 20405.
    Instructions: Please submit comments only and cite GSAR Case 2006-
G506 in all correspondence related to this case. All comments received 
will be posted without change to https://www.regulations.gov, including 
any personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. William Clark at (202) 219-1813, or by e-mail at 
william.clark@gsa.gov. For information pertaining to the status or 
publication schedules, contact the Regulatory Secretariat (VPR), Room 
4041, GS Building, Washington, DC 20405, (202) 501-4755. Please cite 
GSAR Case 2006-G506.

SUPPLEMENTARY INFORMATION:

A. Background

    The GSA is amending the GSAR to update the text addressing GSAR 
Part 523, Environment, Energy and Water Efficiency, Renewable Energy 
Technologies, Occupational Safety, and Drug-Free Workplace. This rule 
is a result of the GSA Acquisition Manual (GSAM) rewrite initiative 
undertaken by GSA to revise the GSAM to maintain consistency with the 
FAR and implement streamlined and innovative acquisition procedures 
that contractors, offerors, and GSA contracting personnel can utilize 
when entering into and administering contractual relationships. The 
GSAM incorporates the GSAR as well as internal agency acquisition 
policy. The GSA will rewrite each part of the GSAR and GSAM, and as 
each GSAR part is rewritten, will publish it in the Federal Register.
    This proposed rule changes the title of Part 523 to ``Environment, 
Energy and Water Efficiency, Renewable Energy Technologies, 
Occupational Safety, and Drug-Free Workplace,'' to correspond to the 
title in FAR Part 23. The title for Subpart 523.3 is changed to 
``Hazardous Material Identification and Material Safety Data'' to be 
consistent with the corresponding FAR subpart.
    In addition, this proposed rule amends the GSAR to delete clause 
552.223-70, Hazardous Substances, in its entirety because it does not 
contain all of the required statutes for shipping hazardous materials. 
It is replaced with two new hazardous materials clauses.
    Clause 552.223-70, Preservation, Packaging, Packing, Marking and 
Labeling of Hazardous Materials

[[Page 11890]]

(HAZMAT) for Export Shipment, is added to require compliance by 
contractors with the International Maritime Dangerous Goods (IMDG) 
Code, the Occupational Safety and Health Regulation, and the applicable 
Modal Regulation, which are mandated in the new GSAR clause as they 
pertain to export shipping. This clause also contains a requirement for 
compliance by contractors with the Air Force Inter-Service Manual 
(AFIM) 24-204 for military aircraft shipments.
    Clause 552.223-73, Preservation, Packaging, Packing, Marking and 
Labeling of Hazardous Materials (HAZMAT) for Domestic Shipment, is 
added to require compliance by contractors with the U.S. Department of 
Transportation Hazardous Material Regulation and the Occupational 
Safety and Health Administration Regulation.
    In addition, the provision at 552.212-72, Contract Terms and 
Conditions Required to Implement Statutes or Executive Orders 
Applicable to GSA Acquisition of Commercial Items, is updated to 
include the new hazardous material clauses.
    The GSA published an Advance Notice of Proposed Rulemaking (ANPR) 
in the Federal Register at 71 FR 7910 on February 15, 2006, with 
request for comments on the GSAM rewrite initiative. The GSA did not 
receive any comments pertaining to GSAR Part 523.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The GSA does not expect this proposed rule to have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because there are no substantive changes. An Initial Regulatory 
Flexibility Analysis has, therefore, not been performed. We invite 
comments from small businesses and other interested parties. The GSA 
will consider comments from small entities concerning the affected GSAR 
Part 523 and 552 in accordance with 5 U.S.C. 610. Interested parties 
must submit such comments separately and should cite 5 U.S.C. 601, et 
seq. (GSAR case 2006-G506), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act (Pub. L. 104-13) applies because the 
proposed rule contains information collection requirements. 
Accordingly, the Regulatory Secretariat has submitted a request for 
reinstatement with changes to the information collection requirement 
concerning Environment, Conservation, Occupational Safety and Drug-free 
Workplace, to the Office of Management and Budget under 44 U.S.C. 35, 
et seq.

Annual Reporting Burden

    Public reporting burden for this collection of information is 
estimated to average .658 hours per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    The annual reporting burden is estimated as follows:
    Respondents: 563.
    Responses per respondent: 3.
    Total annual responses: 1689.
    Preparation hours per response: .658.
    Total response burden hours: 1111.

D. Request for Comments Regarding Paperwork Burden

    Submit comments, including suggestions for reducing this burden, 
not later than May 19, 2009 to: GSAR Desk Officer, OMB, Room 10102, 
NEOB, Washington, DC 20503, and a copy to the General Services 
Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 
4041, Washington, DC 20405.
    Public comments are particularly invited on: whether this 
collection of information is necessary for the proper performance of 
functions of the GSAR, and will have practical utility; whether our 
estimate of the public burden of this collection of information is 
accurate, and based on valid assumptions and methodology; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways in which we can minimize the burden of the 
collection of information on those who are to respond, through the use 
of appropriate technological collection techniques or other forms of 
information technology.
    Requester may obtain a copy of the justification from the General 
Services Administration, Regulatory Secretariat (VPR), Room 4041, 
Washington, DC 20405, telephone (202) 208-7312. Please cite OMB Control 
Number 3090-0205, GSAR Case 2006-G506, Environment, Conservation, 
Occupational Safety and Drug-Free Workplace, in all correspondence.

List of Subjects in 48 CFR Parts 523 and 552

    Government procurement.

    Dated: January 13, 2009.
Al Matera,
Director, Office of Acquisition Policy.

    Therefore, GSA proposes to amend 48 CFR parts 523 and 552 as set 
forth below:
    1. The authority citation for 48 CFR parts 523 and 552 continues to 
read as follows:

    Authority:  40 U.S.C. 121(c).

PART 523--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE 
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY AND DRUG-FREE WORKPLACE

    2. Revise the heading of part 523 as set forth above.
    3. Amend section 523.303 by revising the section heading, and 
paragraph (a); and adding new paragraph (c) to read as follows:


523.303  Contract clauses.

    (a) Insert 552.223-70, Preservation, Packaging, Packing, Marking 
and Labeling of Hazardous Materials (HAZMAT) for Export Shipment in 
solicitations and contracts for packaged items subject to the 
Occupational Safety and Health Act and the Hazardous Materials 
Transportation Act.
* * * * *
    (c) Insert 552.223-73, Preservation, Packaging, Packing, Marking 
and Labeling of Hazardous Materials (HAZMAT) For Domestic Shipment, in 
solicitations and contracts for packaged items subject to the 
Occupational Safety and Health Act and the Hazardous Materials 
Transportation Act.

PART 552--SOLICITATION PROVISION AND CONTRACT CLAUSES

    4. Amend section 552.212-72 by revising the date of the clause and 
paragraph (b) to read as follows:


552.212-72  Contract Terms and Conditions Required to Implement 
Statutes or Executive Orders Applicable to GSA Acquisition of 
Commercial Items.

* * * * *
    CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR 
EXECUTIVE ORDERS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL ITEMS 
(DATE)
* * * * *
    (b) Clauses.
    ------552.223-70 Preservation, Packaging, Packing, Marking and 
Labeling of Hazardous Materials (HAZMAT) for Export Shipment
    ------552.223-71 Nonconforming Hazardous Material

[[Page 11891]]

    ------552.223-73 Preservation, Packaging, Packing, Marking and 
Labeling of Hazardous Materials (Hazmat) For Domestic Shipment
    ------552.238-70 Identification of Electronic Office Equipment 
Providing Accessibility for the Handicapped
    ------ 552.238-72 Identification of Products that have 
Environmental Attributes
    (End of clause)

    5. Amend section 552.223-70 by revising the section heading, date 
of the clause, and clause to read as follows:


552.223-70  Preservation, Packaging, Packing, Marking and Labeling of 
Hazardous Materials (HAZMAT) for Export Shipment.

* * * * *
    PRESERVATION, PACKAGING, PACKING, MARKING AND LABELING OF HAZARDOUS 
MATERIALS (HAZMAT) FOR EXPORT SHIPMENT (DATE)

    (a) Preservation, packaging, packing, marking and labeling of 
hazardous materials for shipment overseas (includes Hawaii, Puerto 
Rico and U.S. territories) shall comply with all requirements of the 
following:
    (1) International Maritime Dangerous Goods (IMDG) Code as 
established by the International Maritime Organization.
    (2) Items which qualify for U.S. Department of Transportation 
Consumer Commodity classifications shall be packaged in accordance 
with the IMDG Code and dual marked with both Consumer Commodity and 
IMDG marking and labeling.
    (3) Occupational Safety and Health Administration (OSHA) 
Regulation 29 (CFR) part 1910.1200.
    (4) Any preservation, packaging, packing, marking and labeling 
requirements contained elsewhere in this solicitation.
    (b) Preservation, packaging, packing, marking and labeling of 
overseas hazardous materials via commercial aircraft shall comply 
with the International Air Transport Association, Dangerous Goods 
Regulation (IATA).
    (c) Preservation, packaging, packing, marking and labeling of 
HAZMAT military aircraft shipments shall comply with the requirement 
of AFIM 24-204, Air Force Inter-Service Manual 24-204, Preparing 
Hazardous Materials For Military Air Shipments.
    (d) The test certification data showing compliance with 
performance-oriented packaging requirements shall be made available 
to GSA contract administration/management representatives or 
regulatory inspectors upon request.

    (End of clause)
    6. Add section 552.223-73 to read as follows:


552.223-73  Preservation, Packaging, Packing, Marking and Labeling of 
Hazardous Materials (Hazmat) For Domestic Shipment.

    As prescribed in 523.303(c), insert the following clause:

    PRESERVATION, PACKAGING, PACKING, MARKING AND LABELING OF HAZARDOUS 
MATERIALS (HAZMAT) FOR DOMESTIC SHIPMENT (DATE)
    (a) Preservation, packaging, packing, marking and labeling of 
hazardous materials within the continental United States shall 
comply with all requirements of the following:
    (1) U.S. Department of Transportation (DOT) Hazardous Material 
Regulation 49, CFR parts 171 through 180.
    (2) Occupational Safety and Health Administration (OSHA) 
Regulation 29 CFR part 1910.1200.
    (3) All preservation, packaging, packing, marking and labeling 
requirements contained elsewhere in this solicitation.
    (b) Hazardous Material Packages designated for overseas 
destinations through the GSA Distribution Centers shall comply with 
the International Maritime Dangerous Goods (IMDG) Code.
    (End of clause)

[FR Doc. E9-5876 Filed 3-19-09; 8:45 am]
BILLING CODE 6820-61-S

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