General Services Administration Acquisition Regulation (GSAR); Environmental, Conservation, Occupational Safety and Drug-Free Workplace, 8278-8280 [2015-03164]
Download as PDF
<![CDATA[
8278
Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Proposed Rules
rule this spring. If EPA has not yet taken
final action to reclassify the DFW area
for the 1997 ozone standard before a
final rulemaking revoking the 1997
ozone NAAQS for all purposes is
effective, and that rulemaking is
finalized as proposed with respect to
EPA’s obligation concerning
reclassification of areas for the revoked
standard, then EPA will not finalize this
proposed reclassification for DFW.
However, the DFW area will still be
subject to appropriate ‘‘antibacksliding’’ requirements for the 1997
ozone NAAQS as established in any
final rule EPA may promulgate in
connection with any revocation of the
1997 standard. Anti-backsliding
provides protection against degradation
of air quality (e.g., the DFW area does
not ‘‘backslide’’) and ensures the area
continues to make progress toward
attainment of the new, more stringent
NAAQS. Anti-backsliding also ensures
there is consistency with the ozone
NAAQS implementation framework
outlined in subpart 2 of Part D of the
CAA (78 FR 34178, 34211).
tkelley on DSK3SPTVN1PROD with PROPOSALS
V. Proposed Action
Pursuant to section 181(b)(2) of the
Act, the EPA is proposing to determine,
based on certified, quality-assured
monitoring data for 2010–2012 that the
DFW area did not attain the 1997 ozone
standard by the applicable June 15, 2013
attainment deadline. If the EPA finalizes
this determination, upon the effective
date of the final determination the DFW
9-county nonattainment area will be
reclassified by operation of law as a
Severe ozone nonattainment area under
the 1997 ozone standard. Pursuant to
section 182(i) of the Act, the EPA is also
proposing the schedule for submittal of
the SIP revisions required for Severe
areas once the DFW area is reclassified.
The EPA is proposing that Texas submit
to the EPA the required SIP revisions for
the Severe attainment demonstration,
RFP and for all other Severe area
measures required under sections 172,
182(c), 182(d) and 185 of the Act no
later than one year after the effective
date of the final rulemaking for this
reclassification.
VI. Statutory and Executive Order
Reviews
Under section 181(b)(2) of the CAA, a
determination of nonattainment is a
factual determination based upon air
quality considerations and the resulting
reclassification must occur by operation
of law. A determination of
nonattainment and the resulting
reclassification of a nonattainment area
by operation of law under section
181(b)(2) does not in and of itself create
VerDate Sep<11>2014
16:34 Feb 13, 2015
Jkt 235001
any new requirements, but rather
applies the requirements contained in
the Clean Air Act. For these reasons,
this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rule does not
have tribal implications because it will
not have a substantial direct effect on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, this proposed rule does not
have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
Dated: February 9, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015–03152 Filed 2–13–15; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 523 and 552
[GSAR Case 2006–G506; Docket No. 2009–
0005; Sequence No. 2]
RIN 3090–AI82
General Services Administration
Acquisition Regulation (GSAR);
Environmental, Conservation,
Occupational Safety and Drug-Free
Workplace
Office of Acquisition Policy,
General Services Administration.
ACTION: Proposed rule.
AGENCY:
The General Services
Administration (GSA) is proposing to
amend the General Services
Administration Acquisition Regulation
(GSAR) to update the text and clauses
regarding Hazardous Materials
Identification and Material Safety Data.
The second proposed rule incorporates
many of the changes of the proposed
rule and makes additional modifications
to the text.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat at one of the addressees
shown below on or before April 20,
2015 to be considered in the formation
of the final rule.
ADDRESSES: Submit comments in
response to GSAR Case 2006–G506 by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
by searching for ‘‘GSAR Case 2006–
G506.’’ Select the link ‘‘Comment Now’’
that corresponds with ‘‘GSAR Case
2006–G506.’’ Follow the instructions
provided at the ‘‘Comment Now’’
screen. 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
(MVCB), ATTN: Ms. Flowers, 1800 F
Street NW., 2nd Floor, 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
SUMMARY:
E:\FR\FM\17FEP1.SGM
17FEP1
Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Proposed Rules
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
Kevin Funk, Program Analyst, at 215–
446–4860 or kevin.funk@gsa.gov, for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755.
Please cite GSAR Case 2006–G506.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with PROPOSALS
I. Background
GSA is proposing to amend the GSAR
to update the text and clauses regarding
Subpart 523.3-Hazardous Materials
Identification and Material Safety Data.
GSA published a proposed rule in the
Federal Register at 74 FR 11889 on
March 20, 2009 to update the text and
clauses regarding Hazardous Materials
Identification and Material Safety Data.
No comments were received in response
to the proposed rule. This case is issued
as a second proposed rule due to the
length of time since the original
proposed rule was published in 2009
and updates to the regulations
referenced in the General Services
Administration Manual (GSAM)
Subpart 523.3.
This proposed rule changes the title of
GSAR part 523 to ‘‘Environment, Energy
and Water Efficiency, Renewable Energy
Technologies, Occupational Safety, and
Drug-Free Workplace’’, to correspond to
the title in Federal Acquisition
Regulation (FAR) part 23. The title for
GSAR Subpart 523.3 is changed to
‘‘Hazardous Material Identification and
Material Safety Data’’ to be consistent
with the corresponding FAR subpart.
In addition, this rule adds a new
hazardous materials GSAR clause
552.223–73. GSAR clause 552.223–73,
Preservation, Packaging, Packing,
Marking and Labeling of Hazardous
Materials (HAZMAT) for Shipments is
added to require compliance by
contractors regarding preservation,
packaging, packing, marking and
labeling of hazardous materials. This
clause is also added to the provision
and clause matrix.
In addition, the GSAR clause
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 clause 552.223–73.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
VerDate Sep<11>2014
16:34 Feb 13, 2015
Jkt 235001
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
III. Regulatory Flexibility Act
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. Therefore, an Initial Regulatory
Flexibility Analysis (IRFA) has not been
performed. GSA invites comments from
small business concerns and other
interested parties on the expected
impact of this rule on small entities.
GSA will also consider comments
from small entities concerning the
existing regulations in subparts affected
by the rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (GSAR Case 2006–G506), in
correspondence.
IV. Paperwork Reduction Act
The proposed rule does not contain
any information collection requirements
that require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 523 and
552
Government procurement.
Dated: February 11, 2015.
Jeffrey A. Koses,
Senior Procurement Executive, Office of
Acquisition Policy, Office of GovernmentWide Policy, General Services
Administration.
Therefore, GSA proposes to amend 48
CFR parts 523 and 552 as set forth
below:
PART 523—ENVIRONMENT, ENERGY
AND WATER EFFICIENCY,
RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL
SAFETY, AND DRUG-FREE
WORKPLACE
1. The authority citation for 48 CFR
part 523 is revised to read as follows:
■
Authority: 40 U.S.C. 121(c).
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
8279
2. Revise the heading of part 523 to
read as set forth above.
■ 3. Amend section 523.303 by revising
the section heading and adding
paragraph (c) to read as follows:
■
523.303
Contract clauses.
*
*
*
*
*
(c) Insert 552.223–73, Preservation,
Packaging, Packing, Marking and
Labeling of Hazardous Materials
(HAZMAT) for Shipments, in
solicitations and contracts for packaged
items subject to the Occupational Safety
and Health Act and the Hazardous
Materials Transportation Act.
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
4. The authority citation for 48 CFR
part 552 continues to read as follows:
■
Authority: 40 U.S.C. 121(c).
5. Amend section 552.212–72 by
revising the introductory text, 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.
As prescribed in 512.301(a)(2), insert
the following clause:
Contract Terms and Conditions Required To
Implement Statutes or Executive Orders
Applicable to GSA Acquisition of
Commercial Items (Date)
*
*
*
*
*
(b) Clauses.
(1) l552.223–70 Hazardous Substances.
(2) l552.223–71 Nonconforming
Hazardous Material.
(3) l552.223–73 Preservation, Packaging,
Packing, Marking and Labeling of Hazardous
Materials (HAZMAT) for Shipments.
(4) l552.238–70 Identification of
Electronic Office Equipment Providing
Accessibility for the Handicapped.
(5) l552.238–72 Identification of Products
that have Environmental Attributes.
*
*
*
*
*
6. Add section 552.223–73 to read as
follows:
■
552.223–73 Preservation, Packaging,
Packing, Marking and Labeling of
Hazardous Materials (HAZMAT) for
Shipments.
As prescribed in 523.303(c), insert the
following clause:
Preservation, Packaging, Packing, Marking
and Labeling of Hazardous Materials
(HAZMAT) for Shipments (Date)
(a) Definition. United States, as used in this
clause, means the 48 adjoining U.S. States,
Alaska, Hawaii, and U.S. territories and
possessions, such as Puerto Rico.
E:\FR\FM\17FEP1.SGM
17FEP1
8280
Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Proposed Rules
(b) Preservation, packaging, packing,
marking and labeling of hazardous materials
for export shipment outside the United States
in all transport modes shall comply with the
following, as applicable:
(1) International Maritime Dangerous
Goods (IMDG) Code as established by the
International Maritime Organization (IMO).
(2) U.S. Department of Transportation
(DOT) Hazardous Material Regulation (HMR)
49 CFR parts 171 through 180. (Note:
Classifications permitted by the HMR, but
not permitted by the IMDG code, such as
Consumer Commodities classed as ORM–D
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) International Air Transport Association
(IATA), Dangerous Goods Regulation and/or
International Civil Aviation Organization
(ICAO), Technical Instructions.
(5) AFMAN 24–204, Air Force InterService Manual, Preparing Hazardous
Materials For Military Air Shipments.
(6) Any preservation, packaging, packing,
marking and labeling requirements contained
elsewhere in this solicitation and contract.
(c) Preservation, packaging, packing,
marking and labeling of hazardous materials
for domestic shipments within the United
States in all transport modes shall comply
with the following; as applicable:
(1) U.S. Department of Transportation
(DOT) Hazardous Material Regulation (HMR)
49, CFR parts 171 through 180.
(2) Occupational Safety and Health
Administration (OSHA) Regulation 29 CFR
part 1910.1200.
(3) Any preservation, packaging, packing,
marking and labeling requirements contained
elsewhere in this solicitation and contract.
(d) Hazardous Material Packages
designated for outside the United States
destinations through Forwarding Points,
Distribution Centers, or Container
Consolidation Points (CCPs) shall comply
with the IMDG, IATA, ICAO or AFMAN 24–
204 codes, as applicable.
(e) The test certification data showing
compliance with performance-oriented
packaging or UN approved packaging
requirements shall be made available to GSA
contract administration/management
representatives or regulatory inspectors upon
request.
tkelley on DSK3SPTVN1PROD with PROPOSALS
(End of clause)
[FR Doc. 2015–03164 Filed 2–13–15; 8:45 am]
BILLING CODE 6820–61–P
VerDate Sep<11>2014
16:34 Feb 13, 2015
Jkt 235001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 141222999–5114–01]
RIN 0648–BE72
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Trawl Rationalization Program;
Midwater Trawl Fishery Season Date
Change
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
This action would implement
revisions to the Pacific Coast
Groundfish Trawl Rationalization
Program affecting the limited entry
midwater trawl fisheries managed under
the Pacific Coast Groundfish Fishery
Management Plan (FMP). This action
would revise the Shorebased Individual
Fishing Quota (IFQ) Program regulations
to change the primary season opening
date for the shorebased whiting fishery
and the shorebased non-whiting
midwater trawl fishery to May 15 north
of 40°30′ N. lat. to the U.S./Canada
border. This moves the season a month
earlier off Washington and Oregon, and
a month and half later off northern
California (north of 40°30′ N. lat.),
increasing consistency in the season
start date along the coast and between
the shorebased and at-sea midwater
trawl fleets.
DATES: Comments on this proposed rule
must be received on or before March 19,
2015.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2015–0016, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20150016, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
William W. Stelle, Jr., Regional
Administrator, West Coast Region,
NMFS, 7600 Sand Point Way NE.,
Seattle, WA 98115–0070; Attn: Jamie
Goen.
• Fax: 206–526–6426; Attn: Jamie
Goen.
SUMMARY:
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. 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, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT:
Jamie Goen, 206–526–4656;
jamie.goen@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
In January 2011, NMFS implemented
a trawl rationalization program, a type
of catch share program, for the Pacific
coast groundfish fishery’s trawl fleet.
The program was adopted through
Amendment 20 to the FMP and consists
of three sectors: An IFQ program for the
shorebased trawl fleet (including vessels
targeting whiting and non-whiting with
midwater trawl gear); and cooperative
(coop) programs for the at-sea
mothership (MS) and catcher/processor
(C/P) trawl fleets (whiting only).
Since implementation, the Pacific
Fishery Management Council (Council)
and NMFS have been working to
implement additional regulatory
changes to further improve the trawl
rationalization program and respond to
industry requests. Changing the
midwater trawl fishery season date
would further increase consistency in
the season start date along the coast and
between the shorebased and at-sea
midwater trawl fleets. This rule would
revise the Shorebased IFQ Program
regulations to change the primary
season opening date for the midwater
trawl fishery (whiting and non-whiting)
to May 15 north of 40°30′ N. lat. to the
U.S./Canada border. This would move
the season a month earlier off
Washington and Oregon and a month
and half later off northern California
(north of 40°30′ N. lat.).
The Council discussed the season
date change at its March and April 2012
meetings, with final Council
recommendations to NMFS during the
September 2012 Council meeting. In
addition, NMFS received further
E:\FR\FM\17FEP1.SGM
17FEP1
]]>Agencies
[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)]
[Proposed Rules]
[Pages 8278-8280]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03164]
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 523 and 552
[GSAR Case 2006-G506; Docket No. 2009-0005; Sequence No. 2]
RIN 3090-AI82
General Services Administration Acquisition Regulation (GSAR);
Environmental, Conservation, Occupational Safety and Drug-Free
Workplace
AGENCY: Office of Acquisition Policy, General Services Administration.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is proposing to
amend the General Services Administration Acquisition Regulation (GSAR)
to update the text and clauses regarding Hazardous Materials
Identification and Material Safety Data. The second proposed rule
incorporates many of the changes of the proposed rule and makes
additional modifications to the text.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat at one of the addressees shown below on or
before April 20, 2015 to be considered in the formation of the final
rule.
ADDRESSES: Submit comments in response to GSAR Case 2006-G506 by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments by searching for ``GSAR Case 2006-G506.'' Select the link
``Comment Now'' that corresponds with ``GSAR Case 2006-G506.'' Follow
the instructions provided at the ``Comment Now'' screen. 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 (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor,
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
[[Page 8279]]
personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Kevin Funk, Program Analyst, at
215-446-4860 or kevin.funk@gsa.gov, for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat Division at 202-501-4755. Please cite GSAR Case
2006-G506.
SUPPLEMENTARY INFORMATION:
I. Background
GSA is proposing to amend the GSAR to update the text and clauses
regarding Subpart 523.3-Hazardous Materials Identification and Material
Safety Data.
GSA published a proposed rule in the Federal Register at 74 FR
11889 on March 20, 2009 to update the text and clauses regarding
Hazardous Materials Identification and Material Safety Data. No
comments were received in response to the proposed rule. This case is
issued as a second proposed rule due to the length of time since the
original proposed rule was published in 2009 and updates to the
regulations referenced in the General Services Administration Manual
(GSAM) Subpart 523.3.
This proposed rule changes the title of GSAR part 523 to
``Environment, Energy and Water Efficiency, Renewable Energy
Technologies, Occupational Safety, and Drug-Free Workplace'', to
correspond to the title in Federal Acquisition Regulation (FAR) part
23. The title for GSAR Subpart 523.3 is changed to ``Hazardous Material
Identification and Material Safety Data'' to be consistent with the
corresponding FAR subpart.
In addition, this rule adds a new hazardous materials GSAR clause
552.223-73. GSAR clause 552.223-73, Preservation, Packaging, Packing,
Marking and Labeling of Hazardous Materials (HAZMAT) for Shipments is
added to require compliance by contractors regarding preservation,
packaging, packing, marking and labeling of hazardous materials. This
clause is also added to the provision and clause matrix.
In addition, the GSAR clause 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 clause 552.223-73.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
III. Regulatory Flexibility Act
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. Therefore, an Initial
Regulatory Flexibility Analysis (IRFA) has not been performed. GSA
invites comments from small business concerns and other interested
parties on the expected impact of this rule on small entities.
GSA will also consider comments from small entities concerning the
existing regulations in subparts affected by the rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (GSAR Case 2006-G506), in
correspondence.
IV. Paperwork Reduction Act
The proposed rule does not contain any information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 523 and 552
Government procurement.
Dated: February 11, 2015.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Government-Wide Policy, General Services Administration.
Therefore, GSA proposes to amend 48 CFR parts 523 and 552 as set
forth below:
PART 523--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
0
1. The authority citation for 48 CFR part 523 is revised to read as
follows:
Authority: 40 U.S.C. 121(c).
0
2. Revise the heading of part 523 to read as set forth above.
0
3. Amend section 523.303 by revising the section heading and adding
paragraph (c) to read as follows:
523.303 Contract clauses.
* * * * *
(c) Insert 552.223-73, Preservation, Packaging, Packing, Marking
and Labeling of Hazardous Materials (HAZMAT) for Shipments, in
solicitations and contracts for packaged items subject to the
Occupational Safety and Health Act and the Hazardous Materials
Transportation Act.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. The authority citation for 48 CFR part 552 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
0
5. Amend section 552.212-72 by revising the introductory text, 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.
As prescribed in 512.301(a)(2), insert the following clause:
Contract Terms and Conditions Required To Implement Statutes or
Executive Orders Applicable to GSA Acquisition of Commercial Items
(Date)
* * * * *
(b) Clauses.
(1) _552.223-70 Hazardous Substances.
(2) _552.223-71 Nonconforming Hazardous Material.
(3) _552.223-73 Preservation, Packaging, Packing, Marking and
Labeling of Hazardous Materials (HAZMAT) for Shipments.
(4) _552.238-70 Identification of Electronic Office Equipment
Providing Accessibility for the Handicapped.
(5) _552.238-72 Identification of Products that have
Environmental Attributes.
* * * * *
0
6. Add section 552.223-73 to read as follows:
552.223-73 Preservation, Packaging, Packing, Marking and Labeling of
Hazardous Materials (HAZMAT) for Shipments.
As prescribed in 523.303(c), insert the following clause:
Preservation, Packaging, Packing, Marking and Labeling of Hazardous
Materials (HAZMAT) for Shipments (Date)
(a) Definition. United States, as used in this clause, means the
48 adjoining U.S. States, Alaska, Hawaii, and U.S. territories and
possessions, such as Puerto Rico.
[[Page 8280]]
(b) Preservation, packaging, packing, marking and labeling of
hazardous materials for export shipment outside the United States in
all transport modes shall comply with the following, as applicable:
(1) International Maritime Dangerous Goods (IMDG) Code as
established by the International Maritime Organization (IMO).
(2) U.S. Department of Transportation (DOT) Hazardous Material
Regulation (HMR) 49 CFR parts 171 through 180. (Note:
Classifications permitted by the HMR, but not permitted by the IMDG
code, such as Consumer Commodities classed as ORM-D 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) International Air Transport Association (IATA), Dangerous
Goods Regulation and/or International Civil Aviation Organization
(ICAO), Technical Instructions.
(5) AFMAN 24-204, Air Force Inter-Service Manual, Preparing
Hazardous Materials For Military Air Shipments.
(6) Any preservation, packaging, packing, marking and labeling
requirements contained elsewhere in this solicitation and contract.
(c) Preservation, packaging, packing, marking and labeling of
hazardous materials for domestic shipments within the United States
in all transport modes shall comply with the following; as
applicable:
(1) U.S. Department of Transportation (DOT) Hazardous Material
Regulation (HMR) 49, CFR parts 171 through 180.
(2) Occupational Safety and Health Administration (OSHA)
Regulation 29 CFR part 1910.1200.
(3) Any preservation, packaging, packing, marking and labeling
requirements contained elsewhere in this solicitation and contract.
(d) Hazardous Material Packages designated for outside the
United States destinations through Forwarding Points, Distribution
Centers, or Container Consolidation Points (CCPs) shall comply with
the IMDG, IATA, ICAO or AFMAN 24-204 codes, as applicable.
(e) The test certification data showing compliance with
performance-oriented packaging or UN approved packaging requirements
shall be made available to GSA contract administration/management
representatives or regulatory inspectors upon request.
(End of clause)
[FR Doc. 2015-03164 Filed 2-13-15; 8:45 am]
BILLING CODE 6820-61-P
