Federal Acquisition Regulation: Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (FAR Case 2015-024), 33192-33196 [2016-12226]

Download as PDF 33192 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules (6) Use RTT to communicate with and retrieve messages from messaging, automated attendant, and interactive voice response systems; and (7) Transmit caller identification and conduct similar telecommunication functions with RTT communications. [FR Doc. 2016–12057 Filed 5–24–16; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1, 4, 23, and 52 [FAR Case 2015–024; Docket No. 2015– 0024, Sequence No. 1] RIN 9000–AN20 Federal Acquisition Regulation: Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation (FAR Case 2015–024) Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. AGENCY: DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to create an annual representation within the System for Award Management for vendors to indicate if and where they publicly disclose greenhouse gas emissions and greenhouse gas reduction goals or targets. This information will help the Government assess supplier greenhouse gas management practices and assist agencies in developing strategies to engage with contractors to reduce supply chain emissions, as directed in the Executive Order on Planning for Federal Sustainability in the Next Decade. DATES: Interested parties should submit written comments to the Regulatory Secretariat Division at one of the addresses shown below on or before July 25, 2016 to be considered in the formation of the final rule. ADDRESSES: Submit comments in response to FAR Case 2015–024 by any of the following methods: • Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for ‘‘FAR Case 2015–024’’. Select the link ‘‘Comment Now’’ that corresponds with ‘‘FAR Case 2015– 024’’. Follow the instructions provided Lhorne on DSK30JT082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 14:52 May 24, 2016 Jkt 238001 on the screen. Please include your name, company name (if any), and ‘‘FAR Case 2015–024’’ on your attached document. • Mail: General Services Administration, Regulatory Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, Washington, DC 20405–0001. Instructions: Please submit comments only and cite ‘‘FAR Case 2015–024: Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation’’ in all correspondence related to this case. Comments received generally will be posted without change to https://www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Mr. Charles Gray, Procurement Analyst, at 703–795–6328 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202–501–4755. SUPPLEMENTARY INFORMATION: I. Background President Obama has made greenhouse gas (GHG) emissions reduction a priority. In 2015, the Administration announced a new target to reduce Federal Government emissions by 40 percent below 2008 levels by 2025. Through Executive Order (E.O.) 13693, Planning for Federal Sustainability in the Next Decade (published at 80 FR 15871, on March 19, 2015), the President established a strategy to reduce GHG emissions across Federal operations and the supply chain, including specific actions to better understand and manage the implications of supply chain emissions. To that end, E.O. 13693 requires the seven largest procuring agencies to implement procurements that take into consideration contractor GHG emissions and directs the Council on Environmental Quality to release an annual inventory of major suppliers that includes information on whether those suppliers publicly disclose GHG emissions and GHG reduction targets. E.O. 13693 supersedes E.O.s 13423 and 13514. In order to identify opportunities to reduce supply chain emissions, develop and implement procurements that incorporate consideration of those emissions, and develop an accurate PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 annual inventory that includes contractor GHG management practices, greater insight into the scope of GHG management by companies seeking to do business with the Federal Government is needed. This information will help the Government assess supplier GHG management practices and assist agencies in developing strategies to engage with contractors to reduce supply chain emissions as directed in E.O. 13693. Public disclosure of GHG emissions and reduction goals or targets has become standard practice in many industries, and companies are increasingly asking their own suppliers about their GHG management practices. Performing a GHG inventory provides insight into operations, spurs innovation, and helps identify opportunities for efficiency and savings that can result in both environmental and financial benefits. By asking suppliers whether or not they publicly report emissions and reduction targets, the Federal Government will have accurate, up-to-date information on its suppliers. An annual representation will promote transparency and demonstrate the Federal Government’s commitment to reducing supply chain emissions. Furthermore, by promoting GHG management and emissions reductions in its supply chain, the Federal Government will encourage supplier innovation, greater efficiency, and cost savings, benefitting both the Government and suppliers and adding value to the procurement process. II. Discussion and Analysis Accordingly, DoD, GSA, and NASA are proposing to revise the FAR to add an annual representation within the System for Award Management (SAM) for offerors to indicate if and where they publicly disclose GHG emissions and GHG reduction goals or targets. This representation would be mandatory only for vendors who received $7.5 million or more in Federal contract awards in the preceding Federal fiscal year. The representation would be voluntary for all other vendors. Additionally, as long as the vendor’s emissions are reported publicly—either by the entity itself or rolled up into the public emissions report of a parent company—the emissions would be considered publicly reported. In addition to adding the new representation at FAR 52.223–ZZ, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation, this rule proposes to— • Revise the definition of ‘‘greenhouse gases’’ at FAR 23.001 to add nitrogen trifluoride, in accordance E:\FR\FM\25MYP1.SGM 25MYP1 Lhorne on DSK30JT082PROD with PROPOSALS Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules with the definition in section 19 of E.O. 13693; • Update the scope sections at FAR sections 23.000 and 23.800; • Revise the authorities at FAR section 23.801 to add the new E.O. and delete the superseded E.O.s 13423 and 13514; • Add a new FAR section 23.803, Contractor public disclosure of greenhouse gas emissions and reduction goals (current section 23.803 is redesignated as 23.802); • Add a prescription at FAR section 23.804(b) for use of the new representation provision 52.223–ZZ. The provision will be required as an annual representation whenever provision 52.204–7 is included in the solicitation. It is therefore applicable to all solicitations, including solicitations for the acquisition of commercial items (including commercially available offthe-shelf items) and acquisitions that do not exceed the simplified acquisition threshold, except as provided in FAR section 4.1102(a); and • Make other conforming changes in FAR sections 4.1202, 52.204–8, and 52.212–3. Additionally, in furtherance of E.O. 13653, Preparing the United States for the Impacts of Climate Change (published at 78 FR 66819, on November 1, 2013), DOD, GSA, and NASA are considering the development of means and methods to enable agencies to evaluate and reduce climate change related risks to, and vulnerabilities in, agency operations and missions in both the short and long term, with respect to agency suppliers, supply chain, real property investments, and capital equipment purchases. This consideration reflects growing Federal and public interest in better understanding operational and supply chain risks facing agency suppliers and steps those suppliers are taking to identify and manage those risks. Agency suppliers that are public companies are already subject to requirements to disclose material risks, including relevant risks associated with climate change, per Securities and Exchange Commission Interpretation: Commission Guidance Regarding Disclosure Related to Climate Change (Release Nos. 33– 9106; 34–61469; FR–82), including impacts to personnel, physical assets, supply chain and distribution chain. It is in this context that DOD, GSA, and NASA are considering approaches to make disclosures of climate change risk analyses from Government suppliers available to agencies to help inform agency inventory and management of climate related risks to Federal facilities, operations, and missions, including VerDate Sep<11>2014 14:52 May 24, 2016 Jkt 238001 supply chains. Such disclosures might also include whether information is made available to the public, to allow agencies to access the information rather than asking companies to submit reports to the Government. Approaches could include representations like one or more of the following: The Offeror, or its immediate owner or highest-level owner, [ ] does, [ ] does not assess risks they face as a result of extreme weather and other effects of climate change, including physical impacts and risks. The Offeror, or its immediate owner or highest-level owner, publicly [ ] does, [ ] does not disclose risks they face as a result of extreme weather and other effects of climate change, including physical impacts and risks. If the Offeror files with the Securities and Exchange Commission (SEC), the Offeror’s SEC Regulation S–K filing or that of its immediate owner or highest-level owner [ ] does, [ ] does not discuss the risks they face as a result of extreme weather and other effects of climate change, including physical impacts and risks. DOD, GSA, and NASA welcome thoughts on these and/or other possible FAR revisions addressing climate change that might be appropriately considered to further the objectives described above. III. Applicability to Acquisitions not Greater Than the Simplified Acquisition Threshold, Commercial Items, and Commercial Off-the-Shelf Items The Federal Acquisition Regulatory Council has made preliminary determinations that the rule will apply, in certain circumstances, to acquisitions under the simplified acquisition threshold (SAT), acquisitions of commercial items, and commercially available off-the-shelf (COTS) items— namely those situations where the contractor has been awarded contracts of more than $7.5 million in goods and services during the prior Government fiscal year. In making its initial determination the FAR Council considered the following factors: (i) The benefits of the policy in furthering Administration goals; (ii) the extent to which the benefits of the policy would be reduced if exemptions are provided; and (iii) the burden on contractors if the policy is applied to these categories of spend. With respect to the first factor, as explained above, the President has made GHG emissions reduction a priority and E.O. 13693 establishes a strategy to reduce GHG emissions across Federal operations and the supply chain that is rooted in developing an inventory of contractor GHG management practices so that the Government can more fully understand PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 33193 the current state of activity by companies doing business with the Government and work with contractors over time to develop appropriate strategies to reduce supply chain emissions. Unfortunately, there is currently no single place where this information can be easily evaluated and no established method to collect this information. This rule will address that shortcoming and facilitate the Administration’s goal by making data available in a standardized format to enhance the Federal Government’s ability to track GHG management trends within the Federal supply chain and help to inform agency procurement strategies to reduce supply chain emissions. With respect to the second factor— impact of excluding commercial items and COTS purchases on the overall benefits of the underlying policy—the FAR Council notes that GHG reporting is becoming increasingly commonplace in the commercial marketplace. Because reporting is done annually by contractors and not by individual acquisition, the FAR Council is concerned that if an exclusion were provided to sellers of commercial items and COTS, a large number of contractors that sell in both the commercial and Federal marketplace would be exempted and the rule would fail at providing the type of information and insight that is needed to help agencies assess supplier GHG management practices. As a general matter, the FAR Council does not seek to burden small businesses or other entities that primarily transact in amounts under the SAT and believes by setting a threshold of $7.5 million, most of those sellers will not be covered. With respect to the third factor, the FAR Council has sought to minimize burden associated with the disclosure requirement. Specifically, the disclosure will apply only to major Federal suppliers who have been awarded contracts totaling more than $7.5 million in goods and services in the prior Government fiscal year. Based on Fiscal Year (FY) 2015 data, the FAR Council expects this requirement will cover approximately 5,500 unique entities, including about 2,700 small businesses. This represents approximately 3.5 percent of total entities that did business with the Federal Government in FY 2015, and 2.6 percent of small businesses. The FAR Council projects a minimal paperwork burden associated with the disclosure, approximately .25 hours per response for annual reporting for the 5,500 contractor, or 1,375 hours (see discussion on the Paperwork Reduction Act under section VI). E:\FR\FM\25MYP1.SGM 25MYP1 33194 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules Accordingly, for the reasons set forth above, the FAR Council has made a preliminary determination that it is in the best interest of the Government not to exclude application of the rule for acquisitions, or sellers, of commercial items or COTS, or purchases below the SAT. Since the rule is not based in statute, the formal determination requirements of 41 U.S.C. 1905, 1906, and 1907 do not apply, but the FAR Council is providing this discussion as part of its commitment to transparency and accountability in the application of new regulatory requirements to these purchases and will consider public feedback in response to this discussion before making a final determination on the scope of the final rule. IV. 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 proposed rule is not a major rule under 5 U.S.C. 804. Lhorne on DSK30JT082PROD with PROPOSALS V. Regulatory Flexibility Act DoD, GSA, and NASA do not expect this 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. Nevertheless, an Initial Regulatory Flexibility Analysis (IRFA) has been performed, and is summarized as follows: This rule proposes to add a representation that will provide information to help the Government assess supplier greenhouse gas (GHG) management practices and assist agencies in developing strategies to engage with contractors to reduce supply chain emissions, as directed in the Executive Order (E.O.) 13693, Planning for Federal Sustainability in the Next Decade. The objective of the rule is to identify opportunities to reduce supply chain emissions, develop and implement procurements that incorporate consideration of those emissions, and develop an accurate annual inventory that includes contractor GHG management practices, greater insight VerDate Sep<11>2014 14:52 May 24, 2016 Jkt 238001 into the scope of GHG management by companies seeking to do business with the Federal Government is needed. The legal basis for the rule is E.O. 13693. As only those entities that received Federal contract awards in excess of $7.5 million in the preceding Federal fiscal year are required to make the representation, we anticipate this rule will apply to approximately 2,700 small businesses based on Fiscal Year 15 Federal Procurement Data System data. The rule proposes a representation, voluntary for entities who received under $7.5 million in contract awards in the Federal fiscal year before making the representation, to indicate if and where they publicly disclose GHG emissions and GHG reduction goals or targets. There is no requirement for such public disclosure. The rule does not duplicate, overlap, or conflict with any other Federal rules. The impact of this rule on small entities has been minimized because entities need only make the representation if they received over $7.5 million in Federal contract awards in the prior Federal fiscal year before making the representation. The Regulatory Secretariat has submitted a copy of the IRFA to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the IRFA may be obtained from the Regulatory Secretariat. DoD, GSA, and NASA invite comments from small business concerns and other interested parties on the expected impact of this rule on small entities. DoD, GSA, and NASA will also consider comments from small entities concerning the existing regulations in subparts affected by the proposed rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C 610 (FAR Case 2015–024), in correspondence. VI. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) applies. The proposed rule contains information collection requirements. Accordingly, the Regulatory Secretariat has submitted a request for approval of a new information collection requirement concerning the disclosure of greenhouse gas emissions and reduction goals to the Office of Management and Budget. A. Public reporting burden for this collection of information is estimated to average .25 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 estimated as follows: Respondents: 5,500. Responses per respondent: 1. Total annual responses: 5,500. PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 Preparation hours per response: .25. Total response burden hours: 1,375. B. Request for Comments Regarding Paperwork Burden. Submit comments, including suggestions for reducing this burden, not later than July 25, 2016 to: FAR Desk Officer, OMB, Room 10102, NEOB, Washington, DC 20503, and a copy to the General Services Administration, Regulatory Secretariat Division (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, Washington, DC 20405–0001. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, 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. Requesters may obtain a copy of the supporting statement from the General Services Administration, Regulatory Secretariat Division (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, Washington, DC 20405–0001. Please cite OMB Control Number 9000–0194, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation, in all correspondence. List of Subjects in 48 CFR Parts 1, 4, 23, and 52 Government procurement. Dated: May 19, 2016. William F. Clark, Director, Office of Government-Wide Acquisition Policy, Office of Acquisition Policy, Office of Government-Wide Policy. Therefore, the DoD, GSA, and NASA propose amending 48 CFR parts 1, 4, 23, and 52 as set forth below: 1. The authority citation for 48 CFR parts 1, 4, 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 1—FEDERAL ACQUISITION REGULATIONS SYSTEM 1.106 [Amended] 2. Amend section 1.106 by adding to the table FAR segment ‘‘52.223–ZZ’’ and its corresponding OMB control number ‘‘9000–XXXX’’ in numerical order. ■ E:\FR\FM\25MYP1.SGM 25MYP1 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules PART 4—ADMINISTRATIVE MATTERS 3. Amend section 4.1202 by redesignating paragraphs (a)(23) through (31) as paragraphs (a)(24) through (32), respectively; and adding new paragraph (a)(23) to read as follows: ■ 4.1202 Solicitation provision and contract clause (a) * * * (23) 52.223–ZZ, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation. * * * * * PART 23—ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE 23.000 [Amended] 4. Amend section 23.000 by removing from the end of the introductory paragraph ‘‘vehicles by–’’ and adding ‘‘vehicles.’’ in its place; and removing paragraphs (a) through (g). ■ 23.001 [Amended] 5. Amend section 23.001 by removing from the definition ‘‘Greenhouse gases’’ ‘‘perflourocarbons, and’’ and adding ‘‘perflourocarbons, nitrogen triflouride, and’’ in its place. ■ 6. Revise section 23.800 to read as follows: ■ 23.800 Scope of subpart This subpart— (a) Sets forth policies and procedures for the acquisition of items which contain, use, or are manufactured with ozone-depleting substances; and (b) Addresses contractor public disclosure of greenhouse gas emissions and reduction goals. ■ 7. Amend section 23.801 by— ■ a. Removing from paragraph (b) ‘‘Title’’ and adding ‘‘title’’ in its place; ■ b. Revising paragraph (c); ■ c. Removing paragraph (d); and ■ d. Redesignating paragraph (e) as paragraph (d). The revisions read as follows: 23.801 Authorities Lhorne on DSK30JT082PROD with PROPOSALS * * * * * (c) Executive Order 13693 of March 19, 2015, Planning for Federal Sustainability in the Next Decade. * * * * * 23.802 [Removed] VerDate Sep<11>2014 14:52 May 24, 2016 Jkt 238001 [Redesignated as 23.802] 9. Redesignate section 23.803, as amended at 81 FR 30435 (May 16, 2016), effective June 15, 2016, as section 23.802. ■ 10. Add new section 23.803, as amended at 81 FR 30435 (May 16, 2016), effective June 15, 2016, to read as follows: ■ 23.803 Contractor public disclosure of greenhouse gas emissions and reduction goals (a) It is the policy of the Federal Government to lead efforts to reduce greenhouse gas emissions at the Federal level in accordance with Executive Order 13693 and the President’s Climate Action Plan of June 2013. (b) In order to enable the Federal Government to better understand both direct and indirect greenhouse gas emissions that result from Federal activities, the Federal Government requires offerors that received Federal contracts that equal $7.5 million or more in the prior Federal fiscal year to represent whether they publicly disclose greenhouse gas emissions and/ or a quantitative greenhouse gas emissions reduction goal, and provide the Web site for any such disclosures. ■ 11. Amend section 23.804, as amended at 81 FR 30436 (May 16, 2016), effective June 15, 2016 by— ■ a. Revising the section heading; ■ b. Redesignating paragraphs (a) and (b) as paragraphs (a)(1) and (2); ■ c. Redesignating the introductory text as paragraph (a) and revising it; and ■ d. Adding new paragraph (b). The revisions and addition read as follows: 23.804 Contract provision and clauses. (a) Except for contracts that will be performed outside the United States and its outlying areas, the contracting officer shall insert the following clauses: * * * * * (b) The provision at 52.223–ZZ, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation, is required as an annual representation when 52.204–7, System for Award Management, is included in the solicitation (see 52.204–8, Annual Representations and Certifications). Contracting officers shall not separately include the provision at 52.223–ZZ in solicitations that do not include the provision at 52.204–7. PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 8. Remove section 23.802, as amended at 81 FR 30435 (May 16, 2016), effective June 15, 2016. ■ 23.803 12. Amend section 52.204–8 by— a. Revising the date of the provision; b. Redesignating paragraphs (c)(1)(xvii) through (xxii) as paragraphs ■ ■ ■ PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 33195 (c)(1)(xviii) through (xxiii), respectively; and ■ c. Adding new paragraph (c)(xvii). The revision and addition read as follows: 52.204–8 Annual Representations and Certifications * * * * * Annual Representations and Certifications (DATE) * * * * * (c)(1) * * * (xvii) 52.223–ZZ, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation. This provision applies to solicitations that include the clause at 52.204–7.) * * * * * 13. Amend section 52.212–3 by— a. Revising the date of the provision; b. Removing from the introductory paragraph of the clause and paragraph (b)(2) ‘‘(c) through (r)’’ and adding ‘‘(c) through (s)’’ in its place; and ■ c. Adding paragraph (s). The revision and addition read as follows: ■ ■ ■ 52.212–3 Offeror Representations and Certifications—Commercial Items. * * * * * Offeror Representations and Certifications— Commercial Items (DATE) * * * * * (s) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (52.212–1(k)). Offeror to check applicable block(s) in paragraph (s)(1) or (2). (1) Response to this provision is optional if the Offeror received less than $7.5 million in contract awards in the Federal fiscal year preceding any representation. (2) Representation. (i) The Offeror (itself or through its immediate owner or highest-level owner) publicly [ ] does, [ ] does not disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with the Greenhouse Gas Protocol Corporate Standard or equivalent standard. A publicly accessible Web site includes the supplier’s own Web site or via a recognized, third-party greenhouse gas emissions reporting program. (ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not disclose a quantitative greenhouse gas emissions reduction goal, i.e., a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (3) If the Offeror checked ‘‘does’’ in paragraphs (s)(2)(i) or (s)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:lll. (End of provision) E:\FR\FM\25MYP1.SGM 25MYP1 33196 52.223–11 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules [Amended] 14. Amend section 52.223–11 by removing from the introductory paragraph ‘‘in 23.804(a)’’ and adding ‘‘in 23.804(a)(1)’’ in its place. Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability of fishery ecosystem plan amendment; request for comments. 52.212–12 SUMMARY: ■ [Amended] 15. Amend section 52.223–12 by removing from the introductory paragraph ‘‘in 23.804(b)’’ and adding ‘‘in 23.804(a)(2)’’ in its place. ■ 16. Add section 52.223–ZZ to read as follows: ■ 52.223–ZZ Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation. As prescribed in 23.804(b), insert the following provision: Public Disclosure of Greenhouse Gas Emissions and Reduction GoalsRepresentation (Date) (a) Response to this provision is optional if the Offeror received less than $7.5 million in contract awards in the Federal fiscal year preceding any representation. (b) Representation. [Offeror to check applicable blocks in (1) or (2).] (1) The Offeror (itself or through its immediate owner or highest-level owner) publicly [ ] does, [ ] does not disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with the Greenhouse Gas Protocol Corporate Standard or equivalent standard. A publicly accessible Web site includes the supplier’s own Web site or via a recognized, third-party greenhouse gas emissions reporting program. (2) The Offeror (itself or through its immediate owner or highest-level owner [ ] does, [ ] does not disclose a quantitative greenhouse gas emissions reduction goal, i.e., a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (c) If the Offeror checked ‘‘does’’ in paragraphs (b)(1) or (b)(2) of this provision respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:lll. (End of provision) [FR Doc. 2016–12226 Filed 5–24–16; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Lhorne on DSK30JT082PROD with PROPOSALS 50 CFR Part 665 RIN 0648–BF37 Mariana Archipelago Fisheries; Remove the CNMI Medium and Large Vessel Bottomfish Prohibited Areas National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: VerDate Sep<11>2014 14:52 May 24, 2016 Jkt 238001 NMFS announces that the Western Pacific Fishery Management Council (Council) proposes to amend the Fishery Ecosystem Plan for the Mariana Archipelago. If approved, Amendment 4 would remove the medium and large vessel bottomfish (BF) prohibited fishing areas in the Commonwealth of the Northern Mariana Islands (CNMI). Amendment 4 considers the best available scientific, commercial, and other information about the fisheries, and supports the long-term sustainability of fishery resources. NMFS must receive comments on the proposed amendment by July 25, 2016. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2015–0115, by either 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-20150115, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Send written comments to Michael D. Tosatto, Regional Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp Blvd. Bldg. 176, Honolulu, HI 96818. Instructions: NMFS may not consider comments sent by any other method, to any other address or individual, or received after the end of the comment period. All comments received are a part of the public record, and NMFS will generally post them 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). The Council prepared Amendment 4, including an environmental assessment and regulatory impact review, that provides background information on the proposed action. The amendment is available from www.regulations.gov or the Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808–522– 8220, fax 808–522–8226, www.wpcouncil.org. DATES: PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 FOR FURTHER INFORMATION CONTACT: Sarah Ellgen, Sustainable Fisheries Division, NMFS PIR, 808–725–5173. SUPPLEMENTARY INFORMATION: The Council and NMFS manage the bottomfish fishery in federal waters in the CNMI under the Fishery Ecosystem Plan for the Mariana Archipelago (Mariana FEP). The Mariana FEP and implementing Federal regulations currently prohibit medium and large vessels (vessels over 40 ft) from fishing for bottomfish in certain Federal waters around the CNMI. The prohibited areas include waters within approximately 50 nautical miles (nm) of the Southern Islands (i.e., Rota, Aquijan, Tinian, Saipan and Farallon de Medenilla) and within 10 nm of Alamagan Island. The Council established the prohibited areas in 2008 in response to concerns expressed by CNMI fishermen that Guam bottomfish fishermen would travel to fish in CNMI waters after establishment of the large vessel prohibited fishing area in Guam. CNMI fishermen were concerned that such additional fishing by the vessels from Guam would create localized depletion of bottomfish, gear conflicts, and catch competition. The CNMI bottomfish fishery has changed since 2008, and the conditions that led the Council and NMFS to establish the prohibited areas are no longer present. Large vessels from Guam have not shown interest in fishing for CNMI bottomfish. The prohibited areas may also be negatively impacting the CNMI bottomfish fishery. Only a few small vessels have been operating on a regular basis, and the few medium and large vessels have faced declining participation, possibly as a result of higher fuel costs that prevent them from traveling beyond the prohibited areas. The CNMI bottomfish fishery may not be achieving optimum yield, and the prohibited areas may be contributing to the potential under-utilization of the bottomfish resource in CNMI. To address fishery conditions resulting from the BF prohibited areas, the Council recommended that NMFS remove them. The Council and NMFS would continue to manage the fishery under a suite of management requirements that include the specification of annual catch limits and accountability measures, post-season review of catches and effort including against ACLs, requirements for vessel markings, federal catch and sales reporting, and the vessel monitoring system. The fishing requirements for the Marianas Trench Marine National Monument would also remain unchanged. E:\FR\FM\25MYP1.SGM 25MYP1

Agencies

[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Proposed Rules]
[Pages 33192-33196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12226]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 4, 23, and 52

[FAR Case 2015-024; Docket No. 2015-0024, Sequence No. 1]
RIN 9000-AN20


Federal Acquisition Regulation: Public Disclosure of Greenhouse 
Gas Emissions and Reduction Goals--Representation (FAR Case 2015-024)

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

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

SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal 
Acquisition Regulation (FAR) to create an annual representation within 
the System for Award Management for vendors to indicate if and where 
they publicly disclose greenhouse gas emissions and greenhouse gas 
reduction goals or targets. This information will help the Government 
assess supplier greenhouse gas management practices and assist agencies 
in developing strategies to engage with contractors to reduce supply 
chain emissions, as directed in the Executive Order on Planning for 
Federal Sustainability in the Next Decade.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat Division at one of the addresses shown below on 
or before July 25, 2016 to be considered in the formation of the final 
rule.

ADDRESSES: Submit comments in response to FAR Case 2015-024 by any of 
the following methods:
     Regulations.gov: https://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching for ``FAR Case 
2015-024''. Select the link ``Comment Now'' that corresponds with ``FAR 
Case 2015-024''. Follow the instructions provided on the screen. Please 
include your name, company name (if any), and ``FAR Case 2015-024'' on 
your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, 
Washington, DC 20405-0001.
    Instructions: Please submit comments only and cite ``FAR Case 2015-
024: Public Disclosure of Greenhouse Gas Emissions and Reduction 
Goals--Representation'' in all correspondence related to this case. 
Comments received generally will be posted without change to https://www.regulations.gov, including any personal and/or business 
confidential information provided. To confirm receipt of your 
comment(s), please check www.regulations.gov, approximately two to 
three days after submission to verify posting (except allow 30 days for 
posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: Mr. Charles Gray, Procurement Analyst, 
at 703-795-6328 for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat Division at 202-501-4755.

SUPPLEMENTARY INFORMATION:

I. Background

    President Obama has made greenhouse gas (GHG) emissions reduction a 
priority. In 2015, the Administration announced a new target to reduce 
Federal Government emissions by 40 percent below 2008 levels by 2025. 
Through Executive Order (E.O.) 13693, Planning for Federal 
Sustainability in the Next Decade (published at 80 FR 15871, on March 
19, 2015), the President established a strategy to reduce GHG emissions 
across Federal operations and the supply chain, including specific 
actions to better understand and manage the implications of supply 
chain emissions. To that end, E.O. 13693 requires the seven largest 
procuring agencies to implement procurements that take into 
consideration contractor GHG emissions and directs the Council on 
Environmental Quality to release an annual inventory of major suppliers 
that includes information on whether those suppliers publicly disclose 
GHG emissions and GHG reduction targets. E.O. 13693 supersedes E.O.s 
13423 and 13514.
    In order to identify opportunities to reduce supply chain 
emissions, develop and implement procurements that incorporate 
consideration of those emissions, and develop an accurate annual 
inventory that includes contractor GHG management practices, greater 
insight into the scope of GHG management by companies seeking to do 
business with the Federal Government is needed. This information will 
help the Government assess supplier GHG management practices and assist 
agencies in developing strategies to engage with contractors to reduce 
supply chain emissions as directed in E.O. 13693.
    Public disclosure of GHG emissions and reduction goals or targets 
has become standard practice in many industries, and companies are 
increasingly asking their own suppliers about their GHG management 
practices. Performing a GHG inventory provides insight into operations, 
spurs innovation, and helps identify opportunities for efficiency and 
savings that can result in both environmental and financial benefits. 
By asking suppliers whether or not they publicly report emissions and 
reduction targets, the Federal Government will have accurate, up-to-
date information on its suppliers. An annual representation will 
promote transparency and demonstrate the Federal Government's 
commitment to reducing supply chain emissions. Furthermore, by 
promoting GHG management and emissions reductions in its supply chain, 
the Federal Government will encourage supplier innovation, greater 
efficiency, and cost savings, benefitting both the Government and 
suppliers and adding value to the procurement process.

II. Discussion and Analysis

    Accordingly, DoD, GSA, and NASA are proposing to revise the FAR to 
add an annual representation within the System for Award Management 
(SAM) for offerors to indicate if and where they publicly disclose GHG 
emissions and GHG reduction goals or targets. This representation would 
be mandatory only for vendors who received $7.5 million or more in 
Federal contract awards in the preceding Federal fiscal year. The 
representation would be voluntary for all other vendors. Additionally, 
as long as the vendor's emissions are reported publicly--either by the 
entity itself or rolled up into the public emissions report of a parent 
company--the emissions would be considered publicly reported.
    In addition to adding the new representation at FAR 52.223-ZZ, 
Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--
Representation, this rule proposes to--
     Revise the definition of ``greenhouse gases'' at FAR 
23.001 to add nitrogen trifluoride, in accordance

[[Page 33193]]

with the definition in section 19 of E.O. 13693;
     Update the scope sections at FAR sections 23.000 and 
23.800;
     Revise the authorities at FAR section 23.801 to add the 
new E.O. and delete the superseded E.O.s 13423 and 13514;
     Add a new FAR section 23.803, Contractor public disclosure 
of greenhouse gas emissions and reduction goals (current section 23.803 
is redesignated as 23.802);
     Add a prescription at FAR section 23.804(b) for use of the 
new representation provision 52.223-ZZ. The provision will be required 
as an annual representation whenever provision 52.204-7 is included in 
the solicitation. It is therefore applicable to all solicitations, 
including solicitations for the acquisition of commercial items 
(including commercially available off-the-shelf items) and acquisitions 
that do not exceed the simplified acquisition threshold, except as 
provided in FAR section 4.1102(a); and
     Make other conforming changes in FAR sections 4.1202, 
52.204-8, and 52.212-3.
    Additionally, in furtherance of E.O. 13653, Preparing the United 
States for the Impacts of Climate Change (published at 78 FR 66819, on 
November 1, 2013), DOD, GSA, and NASA are considering the development 
of means and methods to enable agencies to evaluate and reduce climate 
change related risks to, and vulnerabilities in, agency operations and 
missions in both the short and long term, with respect to agency 
suppliers, supply chain, real property investments, and capital 
equipment purchases. This consideration reflects growing Federal and 
public interest in better understanding operational and supply chain 
risks facing agency suppliers and steps those suppliers are taking to 
identify and manage those risks. Agency suppliers that are public 
companies are already subject to requirements to disclose material 
risks, including relevant risks associated with climate change, per 
Securities and Exchange Commission Interpretation: Commission Guidance 
Regarding Disclosure Related to Climate Change (Release Nos. 33-9106; 
34-61469; FR-82), including impacts to personnel, physical assets, 
supply chain and distribution chain. It is in this context that DOD, 
GSA, and NASA are considering approaches to make disclosures of climate 
change risk analyses from Government suppliers available to agencies to 
help inform agency inventory and management of climate related risks to 
Federal facilities, operations, and missions, including supply chains. 
Such disclosures might also include whether information is made 
available to the public, to allow agencies to access the information 
rather than asking companies to submit reports to the Government. 
Approaches could include representations like one or more of the 
following:

    The Offeror, or its immediate owner or highest-level owner, [ ] 
does, [ ] does not assess risks they face as a result of extreme 
weather and other effects of climate change, including physical 
impacts and risks.
    The Offeror, or its immediate owner or highest-level owner, 
publicly [ ] does, [ ] does not disclose risks they face as a result 
of extreme weather and other effects of climate change, including 
physical impacts and risks.
    If the Offeror files with the Securities and Exchange Commission 
(SEC), the Offeror's SEC Regulation S-K filing or that of its 
immediate owner or highest-level owner [ ] does, [ ] does not 
discuss the risks they face as a result of extreme weather and other 
effects of climate change, including physical impacts and risks.

    DOD, GSA, and NASA welcome thoughts on these and/or other possible 
FAR revisions addressing climate change that might be appropriately 
considered to further the objectives described above.

III. Applicability to Acquisitions not Greater Than the Simplified 
Acquisition Threshold, Commercial Items, and Commercial Off-the-Shelf 
Items

    The Federal Acquisition Regulatory Council has made preliminary 
determinations that the rule will apply, in certain circumstances, to 
acquisitions under the simplified acquisition threshold (SAT), 
acquisitions of commercial items, and commercially available off-the-
shelf (COTS) items--namely those situations where the contractor has 
been awarded contracts of more than $7.5 million in goods and services 
during the prior Government fiscal year. In making its initial 
determination the FAR Council considered the following factors: (i) The 
benefits of the policy in furthering Administration goals; (ii) the 
extent to which the benefits of the policy would be reduced if 
exemptions are provided; and (iii) the burden on contractors if the 
policy is applied to these categories of spend.
    With respect to the first factor, as explained above, the President 
has made GHG emissions reduction a priority and E.O. 13693 establishes 
a strategy to reduce GHG emissions across Federal operations and the 
supply chain that is rooted in developing an inventory of contractor 
GHG management practices so that the Government can more fully 
understand the current state of activity by companies doing business 
with the Government and work with contractors over time to develop 
appropriate strategies to reduce supply chain emissions. Unfortunately, 
there is currently no single place where this information can be easily 
evaluated and no established method to collect this information. This 
rule will address that shortcoming and facilitate the Administration's 
goal by making data available in a standardized format to enhance the 
Federal Government's ability to track GHG management trends within the 
Federal supply chain and help to inform agency procurement strategies 
to reduce supply chain emissions.
    With respect to the second factor--impact of excluding commercial 
items and COTS purchases on the overall benefits of the underlying 
policy--the FAR Council notes that GHG reporting is becoming 
increasingly commonplace in the commercial marketplace. Because 
reporting is done annually by contractors and not by individual 
acquisition, the FAR Council is concerned that if an exclusion were 
provided to sellers of commercial items and COTS, a large number of 
contractors that sell in both the commercial and Federal marketplace 
would be exempted and the rule would fail at providing the type of 
information and insight that is needed to help agencies assess supplier 
GHG management practices. As a general matter, the FAR Council does not 
seek to burden small businesses or other entities that primarily 
transact in amounts under the SAT and believes by setting a threshold 
of $7.5 million, most of those sellers will not be covered.
    With respect to the third factor, the FAR Council has sought to 
minimize burden associated with the disclosure requirement. 
Specifically, the disclosure will apply only to major Federal suppliers 
who have been awarded contracts totaling more than $7.5 million in 
goods and services in the prior Government fiscal year. Based on Fiscal 
Year (FY) 2015 data, the FAR Council expects this requirement will 
cover approximately 5,500 unique entities, including about 2,700 small 
businesses. This represents approximately 3.5 percent of total entities 
that did business with the Federal Government in FY 2015, and 2.6 
percent of small businesses. The FAR Council projects a minimal 
paperwork burden associated with the disclosure, approximately .25 
hours per response for annual reporting for the 5,500 contractor, or 
1,375 hours (see discussion on the Paperwork Reduction Act under 
section VI).

[[Page 33194]]

    Accordingly, for the reasons set forth above, the FAR Council has 
made a preliminary determination that it is in the best interest of the 
Government not to exclude application of the rule for acquisitions, or 
sellers, of commercial items or COTS, or purchases below the SAT.
    Since the rule is not based in statute, the formal determination 
requirements of 41 U.S.C. 1905, 1906, and 1907 do not apply, but the 
FAR Council is providing this discussion as part of its commitment to 
transparency and accountability in the application of new regulatory 
requirements to these purchases and will consider public feedback in 
response to this discussion before making a final determination on the 
scope of the final rule.

IV. 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 proposed 
rule is not a major rule under 5 U.S.C. 804.

V. Regulatory Flexibility Act

    DoD, GSA, and NASA do not expect this 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. 
Nevertheless, an Initial Regulatory Flexibility Analysis (IRFA) has 
been performed, and is summarized as follows:

    This rule proposes to add a representation that will provide 
information to help the Government assess supplier greenhouse gas 
(GHG) management practices and assist agencies in developing 
strategies to engage with contractors to reduce supply chain 
emissions, as directed in the Executive Order (E.O.) 13693, Planning 
for Federal Sustainability in the Next Decade.
    The objective of the rule is to identify opportunities to reduce 
supply chain emissions, develop and implement procurements that 
incorporate consideration of those emissions, and develop an 
accurate annual inventory that includes contractor GHG management 
practices, greater insight into the scope of GHG management by 
companies seeking to do business with the Federal Government is 
needed. The legal basis for the rule is E.O. 13693.
    As only those entities that received Federal contract awards in 
excess of $7.5 million in the preceding Federal fiscal year are 
required to make the representation, we anticipate this rule will 
apply to approximately 2,700 small businesses based on Fiscal Year 
15 Federal Procurement Data System data.
    The rule proposes a representation, voluntary for entities who 
received under $7.5 million in contract awards in the Federal fiscal 
year before making the representation, to indicate if and where they 
publicly disclose GHG emissions and GHG reduction goals or targets. 
There is no requirement for such public disclosure.
    The rule does not duplicate, overlap, or conflict with any other 
Federal rules.
    The impact of this rule on small entities has been minimized 
because entities need only make the representation if they received 
over $7.5 million in Federal contract awards in the prior Federal 
fiscal year before making the representation.

    The Regulatory Secretariat has submitted a copy of the IRFA to the 
Chief Counsel for Advocacy of the Small Business Administration. A copy 
of the IRFA may be obtained from the Regulatory Secretariat. DoD, GSA, 
and NASA invite comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    DoD, GSA, and NASA will also consider comments from small entities 
concerning the existing regulations in subparts affected by the 
proposed rule in accordance with 5 U.S.C. 610. Interested parties must 
submit such comments separately and should cite 5 U.S.C 610 (FAR Case 
2015-024), in correspondence.

VI. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) applies. The 
proposed rule contains information collection requirements. 
Accordingly, the Regulatory Secretariat has submitted a request for 
approval of a new information collection requirement concerning the 
disclosure of greenhouse gas emissions and reduction goals to the 
Office of Management and Budget.
    A. Public reporting burden for this collection of information is 
estimated to average .25 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 estimated as follows:
    Respondents: 5,500.
    Responses per respondent: 1.
    Total annual responses: 5,500.
    Preparation hours per response: .25.
    Total response burden hours: 1,375.
    B. Request for Comments Regarding Paperwork Burden. Submit 
comments, including suggestions for reducing this burden, not later 
than July 25, 2016 to: FAR Desk Officer, OMB, Room 10102, NEOB, 
Washington, DC 20503, and a copy to the General Services 
Administration, Regulatory Secretariat Division (MVCB), ATTN: Ms. 
Flowers, 1800 F Street NW., 2nd Floor, Washington, DC 20405-0001.
    Public comments are particularly invited on: Whether this 
collection of information is necessary for the proper performance of 
functions of the FAR, 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.
    Requesters may obtain a copy of the supporting statement from the 
General Services Administration, Regulatory Secretariat Division 
(MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, Washington, DC 
20405-0001. Please cite OMB Control Number 9000-0194, Public Disclosure 
of Greenhouse Gas Emissions and Reduction Goals--Representation, in all 
correspondence.

List of Subjects in 48 CFR Parts 1, 4, 23, and 52

    Government procurement.

    Dated: May 19, 2016.
William F. Clark,
Director, Office of Government-Wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-Wide Policy.

    Therefore, the DoD, GSA, and NASA propose amending 48 CFR parts 1, 
4, 23, and 52 as set forth below:

0
1. The authority citation for 48 CFR parts 1, 4, 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 1--FEDERAL ACQUISITION REGULATIONS SYSTEM


1.106  [Amended]

0
2. Amend section 1.106 by adding to the table FAR segment ``52.223-ZZ'' 
and its corresponding OMB control number ``9000-XXXX'' in numerical 
order.

[[Page 33195]]

PART 4--ADMINISTRATIVE MATTERS

0
3. Amend section 4.1202 by redesignating paragraphs (a)(23) through 
(31) as paragraphs (a)(24) through (32), respectively; and adding new 
paragraph (a)(23) to read as follows:


4.1202  Solicitation provision and contract clause

    (a) * * *
    (23) 52.223-ZZ, Public Disclosure of Greenhouse Gas Emissions and 
Reduction Goals--Representation.
* * * * *

PART 23--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY 
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE


23.000  [Amended]

0
4. Amend section 23.000 by removing from the end of the introductory 
paragraph ``vehicles by-'' and adding ``vehicles.'' in its place; and 
removing paragraphs (a) through (g).


23.001  [Amended]

0
5. Amend section 23.001 by removing from the definition ``Greenhouse 
gases'' ``perflourocarbons, and'' and adding ``perflourocarbons, 
nitrogen triflouride, and'' in its place.
0
6. Revise section 23.800 to read as follows:


23.800  Scope of subpart

    This subpart--
    (a) Sets forth policies and procedures for the acquisition of items 
which contain, use, or are manufactured with ozone-depleting 
substances; and
    (b) Addresses contractor public disclosure of greenhouse gas 
emissions and reduction goals.
0
7. Amend section 23.801 by--
0
a. Removing from paragraph (b) ``Title'' and adding ``title'' in its 
place;
0
b. Revising paragraph (c);
0
c. Removing paragraph (d); and
0
d. Redesignating paragraph (e) as paragraph (d).
    The revisions read as follows:


23.801  Authorities

* * * * *
    (c) Executive Order 13693 of March 19, 2015, Planning for Federal 
Sustainability in the Next Decade.
* * * * *


23.802  [Removed]

0
8. Remove section 23.802, as amended at 81 FR 30435 (May 16, 2016), 
effective June 15, 2016.


23.803  [Redesignated as 23.802]

0
9. Redesignate section 23.803, as amended at 81 FR 30435 (May 16, 
2016), effective June 15, 2016, as section 23.802.
0
10. Add new section 23.803, as amended at 81 FR 30435 (May 16, 2016), 
effective June 15, 2016, to read as follows:


23.803  Contractor public disclosure of greenhouse gas emissions and 
reduction goals

    (a) It is the policy of the Federal Government to lead efforts to 
reduce greenhouse gas emissions at the Federal level in accordance with 
Executive Order 13693 and the President's Climate Action Plan of June 
2013.
    (b) In order to enable the Federal Government to better understand 
both direct and indirect greenhouse gas emissions that result from 
Federal activities, the Federal Government requires offerors that 
received Federal contracts that equal $7.5 million or more in the prior 
Federal fiscal year to represent whether they publicly disclose 
greenhouse gas emissions and/or a quantitative greenhouse gas emissions 
reduction goal, and provide the Web site for any such disclosures.
0
11. Amend section 23.804, as amended at 81 FR 30436 (May 16, 2016), 
effective June 15, 2016 by--
0
a. Revising the section heading;
0
b. Redesignating paragraphs (a) and (b) as paragraphs (a)(1) and (2);
0
c. Redesignating the introductory text as paragraph (a) and revising 
it; and
0
d. Adding new paragraph (b).
    The revisions and addition read as follows:


23.804   Contract provision and clauses.

    (a) Except for contracts that will be performed outside the United 
States and its outlying areas, the contracting officer shall insert the 
following clauses:
* * * * *
    (b) The provision at 52.223-ZZ, Public Disclosure of Greenhouse Gas 
Emissions and Reduction Goals--Representation, is required as an annual 
representation when 52.204-7, System for Award Management, is included 
in the solicitation (see 52.204-8, Annual Representations and 
Certifications). Contracting officers shall not separately include the 
provision at 52.223-ZZ in solicitations that do not include the 
provision at 52.204-7.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
12. Amend section 52.204-8 by--
0
a. Revising the date of the provision;
0
b. Redesignating paragraphs (c)(1)(xvii) through (xxii) as paragraphs 
(c)(1)(xviii) through (xxiii), respectively; and
0
c. Adding new paragraph (c)(xvii).
    The revision and addition read as follows:


52.204-8  Annual Representations and Certifications

* * * * *

Annual Representations and Certifications (DATE)

* * * * *
    (c)(1) * * *
    (xvii) 52.223-ZZ, Public Disclosure of Greenhouse Gas Emissions 
and Reduction Goals--Representation. This provision applies to 
solicitations that include the clause at 52.204-7.)

* * * * *
0
13. Amend section 52.212-3 by--
0
a. Revising the date of the provision;
0
b. Removing from the introductory paragraph of the clause and paragraph 
(b)(2) ``(c) through (r)'' and adding ``(c) through (s)'' in its place; 
and
0
c. Adding paragraph (s).
    The revision and addition read as follows:


52.212-3   Offeror Representations and Certifications--Commercial 
Items.

* * * * *

Offeror Representations and Certifications--Commercial Items (DATE)

* * * * *
    (s) Public Disclosure of Greenhouse Gas Emissions and Reduction 
Goals. Applies in all solicitations that require offerors to 
register in SAM (52.212-1(k)). Offeror to check applicable block(s) 
in paragraph (s)(1) or (2).
    (1) Response to this provision is optional if the Offeror 
received less than $7.5 million in contract awards in the Federal 
fiscal year preceding any representation.
    (2) Representation. (i) The Offeror (itself or through its 
immediate owner or highest-level owner) publicly [ ] does, [ ] does 
not disclose greenhouse gas emissions, i.e., makes available on a 
publicly accessible Web site the results of a greenhouse gas 
inventory, performed in accordance with the Greenhouse Gas Protocol 
Corporate Standard or equivalent standard. A publicly accessible Web 
site includes the supplier's own Web site or via a recognized, 
third-party greenhouse gas emissions reporting program.
    (ii) The Offeror (itself or through its immediate owner or 
highest-level owner) [ ] does, [ ] does not disclose a quantitative 
greenhouse gas emissions reduction goal, i.e., a target to reduce 
absolute emissions or emissions intensity by a specific quantity or 
percentage.
    (3) If the Offeror checked ``does'' in paragraphs (s)(2)(i) or 
(s)(2)(ii) of this provision, respectively, the Offeror shall 
provide the publicly accessible Web site(s) where greenhouse gas 
emissions and/or reduction goals are reported:___.

    (End of provision)

[[Page 33196]]

52.223-11   [Amended]

0
14. Amend section 52.223-11 by removing from the introductory paragraph 
``in 23.804(a)'' and adding ``in 23.804(a)(1)'' in its place.


52.212-12   [Amended]

0
15. Amend section 52.223-12 by removing from the introductory paragraph 
``in 23.804(b)'' and adding ``in 23.804(a)(2)'' in its place.
0
16. Add section 52.223-ZZ to read as follows:


52.223-ZZ   Public Disclosure of Greenhouse Gas Emissions and Reduction 
Goals--Representation.

    As prescribed in 23.804(b), insert the following provision:

Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-
Representation (Date)

    (a) Response to this provision is optional if the Offeror 
received less than $7.5 million in contract awards in the Federal 
fiscal year preceding any representation.
    (b) Representation. [Offeror to check applicable blocks in (1) 
or (2).]
    (1) The Offeror (itself or through its immediate owner or 
highest-level owner) publicly [ ] does, [ ] does not disclose 
greenhouse gas emissions, i.e., makes available on a publicly 
accessible Web site the results of a greenhouse gas inventory, 
performed in accordance with the Greenhouse Gas Protocol Corporate 
Standard or equivalent standard. A publicly accessible Web site 
includes the supplier's own Web site or via a recognized, third-
party greenhouse gas emissions reporting program.
    (2) The Offeror (itself or through its immediate owner or 
highest-level owner [ ] does, [ ] does not disclose a quantitative 
greenhouse gas emissions reduction goal, i.e., a target to reduce 
absolute emissions or emissions intensity by a specific quantity or 
percentage.
    (c) If the Offeror checked ``does'' in paragraphs (b)(1) or 
(b)(2) of this provision respectively, the Offeror shall provide the 
publicly accessible Web site(s) where greenhouse gas emissions and/
or reduction goals are reported:___.

    (End of provision)

[FR Doc. 2016-12226 Filed 5-24-16; 8:45 am]
 BILLING CODE 6820-EP-P

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