Federal Acquisition Regulation; EPEAT Items, 53436-53438 [2015-21746]
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53436
Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Rules and Regulations
and National Aeronautics and Space
Administration (NASA).
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
ACTION:
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
SUMMARY:
Summary presentation of final
rules.
48 CFR Chapter 1
[Docket No. FAR 2015–0051, Sequence No.
4]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–84;
Introduction
Department of Defense (DoD),
General Services Administration (GSA),
AGENCY:
This document summarizes
the Federal Acquisition Regulation
(FAR) rules agreed to by the Civilian
Agency Acquisition Council and the
Defense Acquisition Regulations
Council (Councils) in this Federal
Acquisition Circular (FAC) 2005–84. A
companion document, the Small Entity
Compliance Guide (SECG), follows this
FAC. The FAC, including the SECG, is
available via the Internet at https://
www.regulations.gov.
For effective dates see the
separate documents, which follow.
DATES:
The
analyst whose name appears in the table
below in relation to the FAR case.
Please cite FAC 2005–84 and the
specific FAR case number. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat at 202–501–4755.
FOR FURTHER INFORMATION CONTACT:
RULES LISTED IN FAC 2005–84
Item
Subject
FAR Case
I .........................................................
II ........................................................
EPEAT Items ...............................................................................................
Technical Amendments.
2013–016
SUPPLEMENTARY INFORMATION:
Summaries for each FAR rule follow.
For the actual revisions and/or
amendments made by these rules, refer
to the specific item numbers and
subjects set forth in the documents
following these item summaries. FAC
2005–84 amends the FAR as follows:
Item I— EPEAT Items (FAR Case 2013–
016)
This rule finalizes an interim rule that
implemented changes in the Electronic
Product Environmental Assessment
Tool (EPEAT®)-registry requirements at
FAR subpart 23.7. The FAR requirement
to procure EPEAT®-registered products
was revised to incorporate the revised
standard applicable to personal
computer products and to add the
standards for imaging equipment and
televisions. The final rule also amends
the procedures relating to the
exceptions to the requirement to
procure EPEAT®-registered products.
There is no significant economic impact
on small businesses.
DEPARTMENT OF DEFENSE
Dated: August 26, 2015.
Claire M. Grady,
Director, Defense Procurement and
Acquisition Policy.
Dated: August 26, 2015.
William Clark,
Acting Senior Procurement Executive/Deputy
CAO, Office of Acquisition Policy, U.S.
General Services Administration.
Dated: August 19, 2015.
William P. McNally,
Assistant Administrator, Office of
Procurement, National Aeronautics and
Space Administration.
[FAC 2005–84; FAR Case 2013–016; Item
I; Docket 2013–0016, Sequence 1]
[FR Doc. 2015–21740 Filed 9–2–15; 8:45 am]
BILLING CODE 6820–EP–P
tkelley on DSK3SPTVN1PROD with RULES3
Editorial changes are made at FAR
4.605(e), 31.205–6(o)(2)(iii)(A), 35.017–7
Introductory text, 52.213–4(b)(1)(ix) and
52.219–1 Alternate I (c)(9).
Dated: August 26, 2015.
William Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC)
2005–84 is issued under the authority of
the Secretary of Defense, the
16:50 Sep 02, 2015
Jkt 235001
Gray.
Administrator of General Services, and
the Administrator for the National
Aeronautics and Space Administration.
Unless otherwise specified, all
Federal Acquisition Regulation (FAR)
and other directive material contained
in FAC 2005–84 is effective
September 3, 2015 except for item I
which is effective October 5, 2015.
Item II—Technical Amendments
VerDate Sep<11>2014
Analyst
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Fmt 4701
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GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 7, 23, and 52
RIN 9000–AM71
Federal Acquisition Regulation; EPEAT
Items
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
DoD, GSA, and NASA are
adopting as final, with changes, an
interim rule amending the Federal
Acquisition Regulation (FAR) to
implement changes in the Electronic
Product Environmental Assessment
Tool (EPEAT®) registry.
DATES: Effective: October 5, 2015.
FOR FURTHER INFORMATION CONTACT: Mr.
Charles Gray, Procurement Analyst, at
202–208–6726, for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at 202–501–
4755. Please cite FAC 2005–84, FAR
Case 2013–016.
SUPPLEMENTARY INFORMATION:
SUMMARY:
E:\FR\FM\03SER3.SGM
03SER3
Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Rules and Regulations
I. Background
DoD, GSA and NASA published an
interim rule in the Federal Register at
79 FR 35859 on June 24, 2014, to
expand the Federal requirement to
procure EPEAT®-registered products
beyond personal computer products to
cover imaging equipment (i.e., copiers,
digital duplicators, facsimile machines,
mailing machines, multifunction
devices, printers, and scanners) and
televisions and modify the existing FAR
requirements to recognize the revised
standard applicable to computer
products. One respondent submitted
public comments on the interim rule.
Comments were also received
informally from within the Government.
II. Discussion and Analysis
The Civilian Agency Acquisition
Council and the Defense Acquisition
Regulations Council (the Councils)
reviewed the comments in the
development of the final rule. A
discussion of the comments is provided
as follows:
A. Summary of Significant Changes in
Response to Public Comments
There is no significant change in the
final rule in response to the public
comments received.
tkelley on DSK3SPTVN1PROD with RULES3
B. Analysis of Public Comments
1. EPEAT® Issues
Comment: The respondent expressed
concern about the use of EPEAT®
standards because it is a registered
trademark and manufacturers must
purchase an annual license. The
respondent also expressed concern over
the use of a private entity as a source of
standards for Government purchasing.
The respondent recommended that the
Government rely on the underlying
ANSI-accredited technical standards
used by EPEAT®, such as the IEEE
1680TM family of standards, and accept
third party certification of conformance
to the IEEE 1680TM family of standards.
The respondent recommended issuing
further guidance clarifying the reliance
on the IEEE 1680TM family of standards
when new product categories are added.
Response: The requirement to
purchase ‘‘EPEAT®-registered’’
electronic products was established
under the interim rule for FAR Case
2006–030 which was published in the
Federal Register at 72 FR 73215 on
December 26, 2007. The FAR case
implemented section 2(h) of Executive
Order (E.O.) 13423, Strengthening
Federal Environmental, Energy, and
Transportation Management.
VerDate Sep<11>2014
16:50 Sep 02, 2015
Jkt 235001
Subsequently, E.O. 13514, Federal
Leadership in Environmental, Energy,
and Economic Performance, directed
agencies to purchase EPEAT®-registered
products as part of a broader goal to
advance sustainable acquisition.
Although E.O.s 13423 and 13514 have
now been superseded by E.O. 13693,
Planning for Federal Sustainability in
the Next Decade, this final rule does not
change the requirement to purchase
EPEAT®-registered products. The FAR
will be revised to be consistent with the
new E.O. 13693, which does not
endorse any private labels. It does,
however, clearly require in section 3(l)
that Federal agencies ensure a
procurement preference for
environmentally sustainable electronic
products. EPEAT® continues to be an
important tool for agencies to utilize to
comply with the electronic stewardship
goals that are required by E.O. 13693.
2. Interim Rule
Comment: The respondent stated that
the decision to publish this rule as an
interim rule misapplied the ‘‘urgent and
compelling’’ exception to the standard
notice and comment process.
Response: This action was
appropriate because imaging equipment
and television items have already been
added to the EPEAT® registry.
Therefore, under the requirements of
E.O.s 13423 and 13514, agencies are
already required to fulfill at least 95
percent of their annual acquisition
requirement for electronic products
with EPEAT®-registered electronic
products.
C. Other Changes
Based on informal comments from
within the Government, the final rule
amends FAR 23.704(a) to reflect more
clearly the language in E.O. 13423 as it
pertains to the requirement for agencies,
when acquiring electronic product, to
meet at least 95 percent of those
requirements with an EPEAT®registered electronic product. The
exceptions to this requirement are also
amended to align with both E.O.s.
Products that fall within the exceptions
in FAR paragraphs 23.704(a)(1)(i)
through (iii) are not included when
calculating the achievement of the 95
percent goal. A determination by the
agency head is not required if no
EPEAT®-registered product meets
agency requirements, but the agency
head may provide an exemption in
accordance with FAR 23.105.
However, a determination is required,
in accordance with agency procedures,
if the agency decides not to acquire an
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53437
EPEAT®-registered product because the
product will not be cost effective over
the life of the product (FAR
23.704(a)(2)). Because the E.O.s do not
provide an exception based on cost,
such an acquisition would be included
as noncompliant, when calculating
achievement of the 95 percent goal.
III. 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.
IV. Regulatory Flexibility Act
DoD, GSA, and NASA have prepared
a Final Regulatory Flexibility Analysis
(FRFA) consistent with the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq. The
FRFA is summarized as follows:
Executive Order 13423 (signed January 24,
2007, and published in the Federal Register
at 72 FR 3919 on January 26, 2007) requires
Federal agencies to satisfy at least 95 percent
of their requirements for electronic products
with EPEAT®-registered electronic products
unless there is not an EPEAT® standard for
such product. As of today, products must
conform to the IEEE 1680TM family of
standards in order to be listed on the
EPEAT® product registry. The EPEAT®
requirement, including a specific
requirement for the purchase of EPEAT®registered personal computer products, was
added to the FAR by FAR Case 2006–030.
Since that final rule was issued on January
15, 2009, the IEEE has published an updated
standard for personal computer products and
two additional standards, for imaging
equipment and televisions, and these
standards have been added to the EPEAT®
system. The objective of this final rule is to
implement the changes to the EPEAT®
registry.
No comments were raised by the public in
response to the initial regulatory flexibility
analysis.
Searching within the EPEAT® registry on
October 1, 2014, the following numbers of
products were listed as registered in the
United States:
E:\FR\FM\03SER3.SGM
03SER3
53438
Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Rules and Regulations
Product category
Bronze
Personal computer products ............................................................................
Imaging equipment ..........................................................................................
Televisions .......................................................................................................
These numbers refer to products, not
individual companies. However, most (90–
100 percent) of the companies with products
listed on the EPEAT® registry are large
businesses. These companies pay an annual
fee, based on a sliding scale determined by
the firm’s revenue for that product the
previous year, in order to be able to list the
products on the EPEAT® registry.
However, purchasers often procure
EPEAT®-registered products through
resellers or distributors rather than directly
from the manufacturers. These resellers are
often small businesses. EPA’s Office of Small
Business Programs stated that the majority of
the resellers and distributors for EPEAT®registered products are categorized as small
businesses. Further, only the actual
manufacturer pays to list products on the
EPEAT® registry. The resellers or distributors
pay no fees but reap the benefit of the
EPEAT® categorization. Therefore, there will
be little or no impact on small businesses due
to this rule.
There are no reporting, recordkeeping, or
other compliance requirements associated
with this rule. The only requirement is that
businesses submitting proposals to the
Government be aware of the EPEAT® registry
and Web site and refer to it during the
preparation of proposals. Small entities can
comply with the requirements either as
manufacturers, resellers, or distributors.
Interested parties may obtain a copy
of the FRFA from the Regulatory
Secretariat. The Regulatory Secretariat
has submitted a copy of the FRFA to the
Chief Counsel for Advocacy of the Small
Business Administration.
V. Paperwork Reduction Act
The 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 7, 23,
and 52
Government procurement.
tkelley on DSK3SPTVN1PROD with RULES3
Dated: August 26, 2015.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Interim Rule Adopted as Final With
Changes
Accordingly, the interim rule
amending 48 CFR parts 7, 23, and 52,
which was published in the Federal
Register at 79 FR 35859 on June 24,
2014, is adopted as a final rule with the
following changes:
VerDate Sep<11>2014
16:50 Sep 02, 2015
Jkt 235001
Silver
12
263
1
1. The authority citation for 48 CFR
parts 7, 23, and 52 continues to read as
follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
PART 7—ACQUISITION PLANS
7.103
[Amended]
2. Amend section 7.103 by removing
from paragraph (p)(2) ‘‘non-ozone
depleting’’ and adding ‘‘non-ozonedepleting’’ in its place.
■
PART 23—ENVIRONMENT, ENERGY
AND WATER EFFICIENCY,
RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL
SAFETY, AND DRUG–FREE
WORKPLACE
23.000
[Amended]
3. Amend section 23.000 by removing
from paragraph (d) ‘‘non-ozone
depleting’’ and adding ‘‘non-ozonedepleting’’ in its place.
■ 4. Amend section 23.704 by revising
paragraph (a) and removing from
paragraph (b)(1)(iii) ‘‘Meets EPA’’ and
adding ‘‘Meet EPA’’ in its place, the
revised text reads as follows:
■
23.704 Electronic products environmental
assessment tool.
(a) General. (1) As required by E.O.s
13423 and 13514, agencies, when
acquiring an electronic product to meet
their requirements, shall meet at least 95
percent of those requirements with
Electronic Product Environmental
Assessment Tool (EPEAT®)-registered
electronic products, unless—
(i) There is no EPEAT® standard for
such product;
(ii) No EPEAT®-registered product
meets agency requirements; or
(iii) The agency head has provided an
exemption in accordance with 23.105.
(2) Contracting officers, when
acquiring an electronic product, except
as specified in paragraphs (a)(1)(i), (ii),
or (iii) of this section, shall acquire an
EPEAT®-registered electronic product,
unless the agency determines, in
accordance with agency procedures,
that the EPEAT®-registered product will
not be cost effective over the life of the
product.
(3) This section applies to
acquisitions of electronic products to be
used in the United States, unless
otherwise provided by agency
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Gold
321
450
205
Total
1,182
81
37
1,515
794
243
procedures. When acquiring electronic
products to be used outside the United
States, agencies must use their best
efforts to comply with this section.
*
*
*
*
*
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
5. Amend section 52.212–5 by
revising the date of the clause,
paragraphs (b)(36)(ii) and (b)(39)(i), to
read as follows:
■
52.212–5 Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Items.
*
*
*
*
*
Contract Terms and Conditions Required To
Implement Statutes or Executive Orders—
Commercial Items (Oct 2015)
*
*
*
*
*
(b) * * *
l(36)(i) * * *
(ii) Alternate I (OCT 2015) of 52.223–13.
*
*
*
*
*
*
*
*
*
*
l(39)(i) 52.223–16, Acquisition of
EPEAT®-Registered Personal Computer
Products (OCT 2015) (E.O.s 13423 and
13514).
6. Amend section 52.223–13 by
revising the date of the Alternate I; and
removing from paragraph (b) of
Alternate I ‘‘EPEAT’’ and adding
‘‘EPEAT®’’ in its place. The revised text
reads as follows:
■
52.223–13 Acquisition of EPEAT®Registered Imaging Equipment.
*
*
*
*
*
Alternate I (OCT 2015) * * *
*
*
*
*
*
7. Amend section 52.223–16 by
revising the date of the clause; and
removing from paragraph (c) ‘‘EPEAT’’
and adding ‘‘EPEAT®’’ in its place. The
revised text reads as follows:
■
52.223–16 Acquisition of EPEAT®Registered Personal Computer Products.
*
*
*
*
*
EPEAT®-Registered
Acquisition of
Computer Products (OCT 2015)
*
*
*
*
Personal
*
[FR Doc. 2015–21746 Filed 9–2–15; 8:45 am]
BILLING CODE 6820–EP–P
E:\FR\FM\03SER3.SGM
03SER3
]]>Agencies
[Federal Register Volume 80, Number 171 (Thursday, September 3, 2015)]
[Rules and Regulations]
[Pages 53436-53438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21746]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 7, 23, and 52
[FAC 2005-84; FAR Case 2013-016; Item I; Docket 2013-0016, Sequence 1]
RIN 9000-AM71
Federal Acquisition Regulation; EPEAT Items
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are adopting as final, with changes, an
interim rule amending the Federal Acquisition Regulation (FAR) to
implement changes in the Electronic Product Environmental Assessment
Tool (EPEAT[supreg]) registry.
DATES: Effective: October 5, 2015.
FOR FURTHER INFORMATION CONTACT: Mr. Charles Gray, Procurement Analyst,
at 202-208-6726, for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at 202-501-4755. Please cite FAC 2005-84, FAR Case 2013-
016.
SUPPLEMENTARY INFORMATION:
[[Page 53437]]
I. Background
DoD, GSA and NASA published an interim rule in the Federal Register
at 79 FR 35859 on June 24, 2014, to expand the Federal requirement to
procure EPEAT[supreg]-registered products beyond personal computer
products to cover imaging equipment (i.e., copiers, digital
duplicators, facsimile machines, mailing machines, multifunction
devices, printers, and scanners) and televisions and modify the
existing FAR requirements to recognize the revised standard applicable
to computer products. One respondent submitted public comments on the
interim rule. Comments were also received informally from within the
Government.
II. Discussion and Analysis
The Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (the Councils) reviewed the comments in the
development of the final rule. A discussion of the comments is provided
as follows:
A. Summary of Significant Changes in Response to Public Comments
There is no significant change in the final rule in response to the
public comments received.
B. Analysis of Public Comments
1. EPEAT[supreg] Issues
Comment: The respondent expressed concern about the use of
EPEAT[supreg] standards because it is a registered trademark and
manufacturers must purchase an annual license. The respondent also
expressed concern over the use of a private entity as a source of
standards for Government purchasing. The respondent recommended that
the Government rely on the underlying ANSI-accredited technical
standards used by EPEAT[supreg], such as the IEEE 1680\TM\ family of
standards, and accept third party certification of conformance to the
IEEE 1680\TM\ family of standards. The respondent recommended issuing
further guidance clarifying the reliance on the IEEE 1680\TM\ family of
standards when new product categories are added.
Response: The requirement to purchase ``EPEAT[supreg]-registered''
electronic products was established under the interim rule for FAR Case
2006-030 which was published in the Federal Register at 72 FR 73215 on
December 26, 2007. The FAR case implemented section 2(h) of Executive
Order (E.O.) 13423, Strengthening Federal Environmental, Energy, and
Transportation Management. Subsequently, E.O. 13514, Federal Leadership
in Environmental, Energy, and Economic Performance, directed agencies
to purchase EPEAT[supreg]-registered products as part of a broader goal
to advance sustainable acquisition. Although E.O.s 13423 and 13514 have
now been superseded by E.O. 13693, Planning for Federal Sustainability
in the Next Decade, this final rule does not change the requirement to
purchase EPEAT[supreg]-registered products. The FAR will be revised to
be consistent with the new E.O. 13693, which does not endorse any
private labels. It does, however, clearly require in section 3(l) that
Federal agencies ensure a procurement preference for environmentally
sustainable electronic products. EPEAT[supreg] continues to be an
important tool for agencies to utilize to comply with the electronic
stewardship goals that are required by E.O. 13693.
2. Interim Rule
Comment: The respondent stated that the decision to publish this
rule as an interim rule misapplied the ``urgent and compelling''
exception to the standard notice and comment process.
Response: This action was appropriate because imaging equipment and
television items have already been added to the EPEAT[supreg] registry.
Therefore, under the requirements of E.O.s 13423 and 13514, agencies
are already required to fulfill at least 95 percent of their annual
acquisition requirement for electronic products with EPEAT[supreg]-
registered electronic products.
C. Other Changes
Based on informal comments from within the Government, the final
rule amends FAR 23.704(a) to reflect more clearly the language in E.O.
13423 as it pertains to the requirement for agencies, when acquiring
electronic product, to meet at least 95 percent of those requirements
with an EPEAT[supreg]- registered electronic product. The exceptions to
this requirement are also amended to align with both E.O.s. Products
that fall within the exceptions in FAR paragraphs 23.704(a)(1)(i)
through (iii) are not included when calculating the achievement of the
95 percent goal. A determination by the agency head is not required if
no EPEAT[supreg]-registered product meets agency requirements, but the
agency head may provide an exemption in accordance with FAR 23.105.
However, a determination is required, in accordance with agency
procedures, if the agency decides not to acquire an EPEAT[supreg]-
registered product because the product will not be cost effective over
the life of the product (FAR 23.704(a)(2)). Because the E.O.s do not
provide an exception based on cost, such an acquisition would be
included as noncompliant, when calculating achievement of the 95
percent goal.
III. 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.
IV. Regulatory Flexibility Act
DoD, GSA, and NASA have prepared a Final Regulatory Flexibility
Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. The FRFA is summarized as follows:
Executive Order 13423 (signed January 24, 2007, and published in
the Federal Register at 72 FR 3919 on January 26, 2007) requires
Federal agencies to satisfy at least 95 percent of their
requirements for electronic products with EPEAT[supreg]-registered
electronic products unless there is not an EPEAT[supreg] standard
for such product. As of today, products must conform to the IEEE
1680\TM\ family of standards in order to be listed on the
EPEAT[supreg] product registry. The EPEAT[supreg] requirement,
including a specific requirement for the purchase of EPEAT[supreg]-
registered personal computer products, was added to the FAR by FAR
Case 2006-030. Since that final rule was issued on January 15, 2009,
the IEEE has published an updated standard for personal computer
products and two additional standards, for imaging equipment and
televisions, and these standards have been added to the
EPEAT[supreg] system. The objective of this final rule is to
implement the changes to the EPEAT[supreg] registry.
No comments were raised by the public in response to the initial
regulatory flexibility analysis.
Searching within the EPEAT[supreg] registry on October 1, 2014,
the following numbers of products were listed as registered in the
United States:
[[Page 53438]]
----------------------------------------------------------------------------------------------------------------
Product category Bronze Silver Gold Total
----------------------------------------------------------------------------------------------------------------
Personal computer products...................... 12 321 1,182 1,515
Imaging equipment............................... 263 450 81 794
Televisions..................................... 1 205 37 243
----------------------------------------------------------------------------------------------------------------
These numbers refer to products, not individual companies.
However, most (90-100 percent) of the companies with products listed
on the EPEAT[supreg] registry are large businesses. These companies
pay an annual fee, based on a sliding scale determined by the firm's
revenue for that product the previous year, in order to be able to
list the products on the EPEAT[supreg] registry.
However, purchasers often procure EPEAT[supreg]-registered
products through resellers or distributors rather than directly from
the manufacturers. These resellers are often small businesses. EPA's
Office of Small Business Programs stated that the majority of the
resellers and distributors for EPEAT[supreg]-registered products are
categorized as small businesses. Further, only the actual
manufacturer pays to list products on the EPEAT[supreg] registry.
The resellers or distributors pay no fees but reap the benefit of
the EPEAT[supreg] categorization. Therefore, there will be little or
no impact on small businesses due to this rule.
There are no reporting, recordkeeping, or other compliance
requirements associated with this rule. The only requirement is that
businesses submitting proposals to the Government be aware of the
EPEAT[supreg] registry and Web site and refer to it during the
preparation of proposals. Small entities can comply with the
requirements either as manufacturers, resellers, or distributors.
Interested parties may obtain a copy of the FRFA from the
Regulatory Secretariat. The Regulatory Secretariat has submitted a copy
of the FRFA to the Chief Counsel for Advocacy of the Small Business
Administration.
V. Paperwork Reduction Act
The 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 7, 23, and 52
Government procurement.
Dated: August 26, 2015.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Interim Rule Adopted as Final With Changes
Accordingly, the interim rule amending 48 CFR parts 7, 23, and 52,
which was published in the Federal Register at 79 FR 35859 on June 24,
2014, is adopted as a final rule with the following changes:
0
1. The authority citation for 48 CFR parts 7, 23, and 52 continues to
read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 7--ACQUISITION PLANS
7.103 [Amended]
0
2. Amend section 7.103 by removing from paragraph (p)(2) ``non-ozone
depleting'' and adding ``non-ozone-depleting'' in its place.
PART 23--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
23.000 [Amended]
0
3. Amend section 23.000 by removing from paragraph (d) ``non-ozone
depleting'' and adding ``non-ozone-depleting'' in its place.
0
4. Amend section 23.704 by revising paragraph (a) and removing from
paragraph (b)(1)(iii) ``Meets EPA'' and adding ``Meet EPA'' in its
place, the revised text reads as follows:
23.704 Electronic products environmental assessment tool.
(a) General. (1) As required by E.O.s 13423 and 13514, agencies,
when acquiring an electronic product to meet their requirements, shall
meet at least 95 percent of those requirements with Electronic Product
Environmental Assessment Tool (EPEAT[supreg])-registered electronic
products, unless--
(i) There is no EPEAT[supreg] standard for such product;
(ii) No EPEAT[supreg]-registered product meets agency requirements;
or
(iii) The agency head has provided an exemption in accordance with
23.105.
(2) Contracting officers, when acquiring an electronic product,
except as specified in paragraphs (a)(1)(i), (ii), or (iii) of this
section, shall acquire an EPEAT[supreg]-registered electronic product,
unless the agency determines, in accordance with agency procedures,
that the EPEAT[supreg]-registered product will not be cost effective
over the life of the product.
(3) This section applies to acquisitions of electronic products to
be used in the United States, unless otherwise provided by agency
procedures. When acquiring electronic products to be used outside the
United States, agencies must use their best efforts to comply with this
section.
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
5. Amend section 52.212-5 by revising the date of the clause,
paragraphs (b)(36)(ii) and (b)(39)(i), to read as follows:
52.212-5 Contract Terms and Conditions Required To Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
Contract Terms and Conditions Required To Implement Statutes or
Executive Orders--Commercial Items (Oct 2015)
* * * * *
(b) * * *
_(36)(i) * * *
(ii) Alternate I (OCT 2015) of 52.223-13.
* * * * *
_(39)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered
Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
* * * * *
0
6. Amend section 52.223-13 by revising the date of the Alternate I; and
removing from paragraph (b) of Alternate I ``EPEAT'' and adding
``EPEAT[supreg]'' in its place. The revised text reads as follows:
52.223-13 Acquisition of EPEAT[supreg]-Registered Imaging Equipment.
* * * * *
Alternate I (OCT 2015) * * *
* * * * *
0
7. Amend section 52.223-16 by revising the date of the clause; and
removing from paragraph (c) ``EPEAT'' and adding ``EPEAT[supreg]'' in
its place. The revised text reads as follows:
52.223-16 Acquisition of EPEAT[supreg]-Registered Personal Computer
Products.
* * * * *
Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT
2015)
* * * * *
[FR Doc. 2015-21746 Filed 9-2-15; 8:45 am]
BILLING CODE 6820-EP-P
