Submission for OMB Review; Federal Acquisition Regulation Part 23 Requirements, 3781-3783 [2019-02131]

Download as PDF Federal Register / Vol. 84, No. 30 / Wednesday, February 13, 2019 / Notices (ROD). A public meeting for the FEIS will be held on March 7th, 2019. ADDRESSES: Further information, including an electronic copy of the FEIS, may be found online on the following website: https://www.gsa.gov/ about-us/regions/welcome-to-thepacific-rim-region-9/land-ports-of-entry/ otay-mesa-land-port-of-entry/otay-mesaenvironmental-review. Questions or comments concerning the FEIS should be directed to: Osmahn Kadri, NEPA Project Manager, 50 United Nations Plaza, 3345 Mailbox #9, San Francisco, CA 94102, or via email to osmahn.kadri@gsa.gov. SUPPLEMENTARY INFORMATION: The Otay Mesa LPOE is located approximately 17 miles southeast of downtown San Diego, just north of the U.S. border and the Baja California Peninsula of Mexico. When it was constructed in 1983, its primary purpose was to divert growing commercial truck traffic from the increasingly busy San Ysidro LPOE to the west at the southern terminus of Interstate 5. The LPOE handles commercial and privately-owned vehicle and pedestrian traffic. Since the LPOE opened, vehicle and pedestrian traffic and the population and general development in the area have grown. It is now one of the ten busiest land ports in the country and is the busiest commercial port on the CaliforniaMexico border, handling the second highest volume of trucks, and third highest dollar volume of trade among all U.S.-Mexico LPOEs. Ever-increasing traffic loads and new security initiatives require increased capacity and new inspection technology to be installed and implemented at the existing facilities. khammond on DSKBBV9HB2PROD with NOTICES Background The Project’s purpose is to improve the efficiency, effectiveness, security and safety at the existing Otay Mesa LPOE. The Project’s need, or the need to which the GSA is responding, is to increase the LPOE’s capacity due to increased demand, and to address public and employee safety and border security concerns. The FEIS considers two ‘‘action’’ alternatives and one ‘‘no action’’ alternative. The Preferred Alternative would include the development of an approximately 10-acre GSA-owned plot of land to the immediate east of the existing commercial import lot. The new lot would be used to construct commercial inspection buildings and additional commercial import lanes. Improvements to existing pedestrian lanes and personal vehicle inspection lanes; relocation of personnel currently VerDate Sep<11>2014 17:22 Feb 12, 2019 Jkt 247001 housed in the Pedestrian, Commercial Import and Commercial Export buildings; renovation of existing facilities throughout the Otay Mesa LPOE; and demolition of facilities that would no longer be needed would also occur. New construction would include commercial import and exit booths, six additional pedestrian lanes in the Pedestrian Building, a Commercial Annex Building (CAB), a return-toMexico lane for commercial traffic, a pedestrian ramp and parking areas for the new commercial lot. Building renovations would include the installation of energy conservation measures and water conservation measures across the Otay Mesa LPOE, the correction of deficiencies throughout existing facilities (e.g., updating security systems, updating HVAC systems, improving lighting and repaving old asphalt surfaces), and refurbishing the interiors of the Pedestrian, Commercial Import and Commercial Export buildings including repainting and replacing flooring. The Reduced Build Alternative would include many of the same activities as under the Preferred Alternative; however, the overall activity level would be lower. Notably, no new construction would occur on the 10-acre GSA-owned plot of land, and the CAB would not be constructed; instead, the plot of land would be paved and used as additional space for the commercial vehicle inspection booths which would be reconfigured to increase traffic flow. Renovation of existing facilities would still occur, but activities would be limited to updating security and HVAC systems and repainting interiors. The No Action Alternative assumes that modernization and expansion of the existing LPOE would not occur and that a new facility would not be constructed adjacent to the existing LPOE. The LPOE would continue to operate under current conditions. Public Meeting A public meeting for the FEIS will be held on Thursday, March 7th from 4 to 6 p.m. at: Holiday Inn Express and Suites San Diego, 2296 Niels Bohr Court, San Diego, CA 92154, 619–710– 0900. The meeting will be conducted in an open house format, where project information will be presented and distributed. Interested parties are encouraged to attend and provide written comments on the FEIS. Comments must be received by March 11th, 2019 and emailed to osmahn.kadri@gsa.gov or sent to: General Services Administration, Attention: Osmahn Kadri, NEPA Project PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 3781 Manager, 50 United Nations Plaza, 3345 Mailbox #9, San Francisco, CA 94102. Next Steps After comments are received from the public and reviewing agencies, GSA may 1. Give environmental approval to the Project by signing a ROD no sooner than 30 days after the FEIS is issued. In the ROD, GSA will explain all the factors that were considered in reaching its final decision, including the environmental factors. GSA will identify the environmentally preferable alternative or alternatives and may select one of the alternatives or a combination of alternatives analyzed in the EIS. 2. Undertake additional environmental studies, or 3. Abandon the Project. If the Project is given environmental approval and funding is appropriated, the GSA could design and construct all or part of the Project. FOR FURTHER INFORMATION CONTACT: Osmahn A. Kadri, NEPA Project Manager, General Services Administration at 415–522–3617. Please also call this number if special assistance is needed to attend and participate in the public meeting. Dated: February 6, 2019. Matthew Jear, Director, Portfolio Management Division, Pacific Rim Region, Public Buildings Service. [FR Doc. 2019–02205 Filed 2–12–19; 8:45 am] BILLING CODE 6820–YF–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0107; Docket No. 2018–0003; Sequence No. 22] Submission for OMB Review; Federal Acquisition Regulation Part 23 Requirements Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice. AGENCY: Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement regarding FAR part 23 requirements. SUMMARY: E:\FR\FM\13FEN1.SGM 13FEN1 3782 Federal Register / Vol. 84, No. 30 / Wednesday, February 13, 2019 / Notices Submit comments on or before March 15, 2019. ADDRESSES: Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Office of Information and Regulatory Affairs of OMB, Attention: Desk Officer for GSA, Room 10236, NEOB, Washington, DC 20503. Additionally submit a copy to GSA by any of the following methods: • Federal eRulemaking Portal: This website provides the ability to type short comments directly into the comment field or attach a file for lengthier comments. Go to https:// www.regulations.gov and follow the instructions on the site. • Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405. ATTN: Ms. Mandell/IC 9000–0107, Federal Acquisition Regulation Part 23 Requirements. Instructions: Please submit comments only and cite Information Collection 9000–0107, Federal Acquisition Regulation Part 23 Requirements, in all correspondence related to this collection. 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: Ms. Mahruba Uddowla, Procurement Analyst, at telephone 703–605–2868, or email mahruba.uddowla@gsa.gov. SUPPLEMENTARY INFORMATION: DATES: khammond on DSKBBV9HB2PROD with NOTICES A. Purpose This information collection requirement, OMB Control No. 9000– 0107, currently titled ‘‘Notice of Radioactive Materials,’’ is proposed to be retitled ‘‘Federal Acquisition Regulation Part 23 Requirements’’ due to consolidation with currently approved information collection requirements OMB Control No. 9000– 0101, Drug-Free Workplace; 9000–0191, High Global Warming Potential Hydrofluorocarbons; 9000–0194, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation; 9000–0147, Pollution Prevention and Right-to-Know Information; 9000–0134, Environmentally Sound Products; and 9000–0180, Affirmative Procurement of VerDate Sep<11>2014 17:22 Feb 12, 2019 Jkt 247001 Biobased Products Under Service and Construction Contracts. This information collection requirement pertains to information that a contractor must submit in response to a number of requirements from FAR Part 23, which are as follows: 1. Notice of Radioactive Materials. The Atomic Energy Act of 1954, (42 U.S.C. 2011), as amended, establishes requirements for protecting radioactive materials. The requirements of this Act are implemented in the FAR at clause 52.223–7, Notice of Radioactive Materials. This clause requires contractors to notify the Government prior to delivery of items containing radioactive materials. 2. Drug-Free Workplace. As mandated in Public Law 100–690, the Drug-Free Workplace Act of 1988, and as enacted in Public Law 111–350, which recodifies Title 41—Public Contracts of the United States Code: (1) Government contractor employees are required to notify their employer of any criminal drug statute conviction for a violation occurring in the workplace; and (2) Government contractors, after receiving notice of such conviction, must notify the Government contracting officer. FAR clause 52.223–6, Drug-Free Workplace, implements the Act. 3. High Global Warming Potential Hydrofluorocarbons. FAR clauses 52.223–11, Ozone-Depleting Substances, and 52.223–12, Refrigeration Equipment and Air Conditioners, address high global warming potential (GWP) hydrofluorocarbons (HFCs). For equipment and appliances that normally contain 50 or more pounds of HFCs or HFC blends, the clauses include requirements to track by type, equipment/application, contract, agency, and location, the amount in pounds of HFCs or HFC blends— i. Contained in such equipment and appliances delivered to the Government; or ii. Added or taken out of such equipment and appliances that will be maintained, repaired, or disposed under the contract. The contractor is required to report the HFC information annually to a centralized Government website. 4. Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation. FAR provision 52.223– 22 contains an annual representation for vendors to indicate if and where they publicly disclose greenhouse gas emissions and greenhouse gas reduction goals or targets. Public disclosure of greenhouse gas emission management is increasingly becoming standard practice in many industries, because an inventory of this information provides PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 insight into operations, spurs innovation, and helps identify opportunities for efficiency and savings, outcomes which can translate into both environmental and financial benefits. Executive Order (E.O.) 13693, Planning for Federal Sustainability in the Next Decade, March 25, 2015, serves as the legal underpinning for this collection of information, as it prescribes the continuation of the Federal policy that agencies shall increase their efficiency and improve their environmental performance, including the reduction of greenhouse gas emissions across Federal operations and the Federal supply chain (e.g., Federal contractors). 5. Pollution Prevention and Right-toKnow Information. The Emergency Planning and Community Right-toKnow Act of 1986 (EPCRA) (42 U.S.C. 11001–11050) and the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13101–13109), require that Federal facilities maintain reports on hazardous materials and toxic chemicals and pollution prevention efforts. In keeping with these mandates, FAR clause 52.223–5, Pollution Prevention and Right-to-Know Information, requires Federal contractors performing at a Federal facility to provide sufficient information to the Government to ensure that the facility is compliant with the PPA and EPCRA. This information pertains to the Toxic Release Inventory and PPA reports; other reports required by the EPCRA; implementation of Environmental Management Systems; and completion of Facility Compliance Audits. 6. Environmentally Sound Products. Section 6002 of the Resource Conservation and Recovery Act (RCRA), Public Law 94–580, (42 U.S.C. 6962), requires Federal agencies to develop affirmative procurement programs to ensure that items composed of recovered materials will be purchased to the maximum extent practicable. Each agency’s affirmative procurement program must provide estimates of the total percentage of recovered materials used in the performance of a contract, certification of minimum recovered material content actually used, where appropriate, and reasonable verification procedures for estimates and certifications. The minimum recovered material content standards are designated by the Environmental Protection Agency (EPA). These standards are grouped into eight categories— (i) Construction products; (ii) Landscaping products; (iii) Non-paper paper office supplies; (iv) Paper and paper products; (v) Park and recreation products; E:\FR\FM\13FEN1.SGM 13FEN1 Federal Register / Vol. 84, No. 30 / Wednesday, February 13, 2019 / Notices khammond on DSKBBV9HB2PROD with NOTICES (vi) Transportation products; (vii) Vehicular products; and (viii) Miscellaneous products. FAR clause 52.223–9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items, was created to assist agencies with compliance with section 6002. Clause 52.223–9 requires a contractor, on completion of the contract that is for or specifies the use of EPA-designated items containing recovered materials, to (a) estimate the percentage of the total recovered material content delivered or used in performance of the contract, including, if applicable, the percentage of post-consumer material content and (b) submit an estimate to the contracting agency. Although section 6002 requires that agencies develop these estimates whenever an acquisition sets forth minimum percentages of recovered materials, when the price of the item exceeds $10,000, or when the aggregate amount paid for the item or functionally equivalent items in the preceding fiscal year was $10,000 or more, the clause at 52.223–9 is only used in solicitations and contracts exceeding $150,000. Acquisitions of commercially available off-the-shelf (COTS) items are excluded from this requirement. 7. Affirmative Procurement of Biobased Products Under Service and Construction Contracts. FAR clause 52.223–2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, requires prime contractors to report annually the product types and dollar values of U.S. Department of Agriculture (USDA)designated biobased products purchased. The information reported by prime contractors enables Federal agencies to report annually to the Office of Federal Procurement Policy (OFPP) concerning actions taken to implement and measure progress in carrying out the preference for biobased products required under section 9002 of the Farm Security and Rural Investment Act of 2002, codified at 7 U.S.C. 8102. B. Public Comment A 60-day notice published in the Federal Register at 83 FR 51462 on October 11, 2018. Two comments were received; however, they did not change the estimate of the burden. Comment 1: The commenter is concerned with potential changes to regulations concerning HFCs. Comment 2: The commenter asked the General Services Administration to implement a rule requiring all federal facilities under their management to procure 100% of their electricity needs from carbon-neutral sources by 2035. VerDate Sep<11>2014 18:04 Feb 12, 2019 Jkt 247001 The commenter stated this request is a public right to petition for the issuance, amendment, or repeal of a rule under the Administrative Procedures Act, codified in 5 U.S.C. 553(e). Response: These comments are out of scope because they did not express an opinion on whether the stated number of burden hours is accurate for what they believe to be the actual number of hours an offeror/contractor expend to comply with the FAR part 23 requirements. 1. Notice of Radioactive Materials. Respondents: 500. Responses per Respondent: 5. Total Annual Responses: 2,500. Hours per Response: 1. Total Burden Hours: 2,500. 2. Drug-Free Workplace. Respondents: 205. Responses per Respondent: 1. Total Annual Responses: 205. Hours per Response: 0.5. Total Burden Hours: 102.5. 3. High Global Warming Potential Hydrofluorocarbons. Respondents: 2,337. Responses per Respondent: 1. Total Annual Responses: 2,337. Hours per Response: 8. Total Burden Hours: 18,696. 4. Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation. Respondents: 7,740. Responses per Respondent: 1. Total Annual Responses: 7,740. Hours per Response: 0.25. Total Burden Hours: 1,935. 5. Pollution Prevention and Right-toKnow Information. Respondents: 3,148. Total Annual Responses: 4,713. Hours per Response: 3.9622. Total Burden Hours: 18,674. 6. Environmentally Sound Products. Respondents: 585. Responses per Respondent: 1. Total Annual Responses: 585. Hours per Response: 0.5. Total Burden Hours: 292.5. 7. Affirmative Procurement of Biobased Products Under Service and Construction Contracts. Respondents: 29,612. Responses per Respondent: 5. Total Annual Responses: 148,060. Hours per Response: 5. Total Burden Hours: 740,300. 8. Summary. Respondents: 44,127. Total Annual Responses: 166,140. Total Burden Hours: 782,520. Obtaining Copies: Requesters may obtain a copy of the information collection documents from the General Frm 00037 Fmt 4703 Sfmt 4703 Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405, telephone 202–501–4755. Please cite OMB Control No. 9000–0107, Federal Acquisition Regulation Part 23 Requirements, in all correspondence. Dated: February 7, 2019. Janet Fry, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2019–02131 Filed 2–12–19; 8:45 am] C. Annual Reporting Burden PO 00000 3783 BILLING CODE 6820–EP–P GENERAL SERVICES ADMINISTRATION [Notice–MA–2019–01; Docket No. 2019– 0001, Sequence No. 3] Federal Travel Regulation: Reimbursement of Fees for Nonconventional Lodging Office of Government-wide Policy (OGP), General Services Administration (GSA). ACTION: Notice of Federal Travel Regulation (FTR) Bulletin 19–04, Reimbursement of fees for conventional and nonconventional lodging. AGENCY: Per the Federal Travel Regulation (FTR), agencies may reimburse employees for the use of nonconventional lodging ‘‘when there are no conventional lodging facilities in the area (e.g., in remote areas) or when conventional facilities are in short supply.’’ As the use of nonconventional lodging amongst Federal travelers has grown, so have questions about the associated fees agencies may reimburse. FTR Bulletin 19–04 clarifies what fees agencies may reimburse when employees use either conventional or nonconventional lodging while on official temporary duty (TDY) travel. This Bulletin is located at www.gsa.gov/ ftr under the ‘‘FTR & Related Files’’ tab. DATES: Applicable date: February 13, 2019. FOR FURTHER INFORMATION CONTACT: For clarification of content, please contact Jill Denning, Program Analyst, Office of Government-wide Policy, Office of Asset and Transportation Management, at 202–208–7642, or by email at travelpolicy@gsa.gov. Please cite Notice of FTR Bulletin 19–04. SUMMARY: Dated: February 7, 2019. Jessica Salmoiraghi, Associate Administrator, Office of Government-wide Policy. [FR Doc. 2019–02138 Filed 2–12–19; 8:45 am] BILLING CODE 6820–14–P E:\FR\FM\13FEN1.SGM 13FEN1

Agencies

[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Notices]
[Pages 3781-3783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02131]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0107; Docket No. 2018-0003; Sequence No. 22]


Submission for OMB Review; Federal Acquisition Regulation Part 23 
Requirements

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

ACTION: Notice.

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

SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat Division will be submitting to the Office of 
Management and Budget (OMB) a request to review and approve an 
extension of a previously approved information collection requirement 
regarding FAR part 23 requirements.

[[Page 3782]]


DATES: Submit comments on or before March 15, 2019.

ADDRESSES: Submit comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing this burden to: Office of Information and Regulatory Affairs 
of OMB, Attention: Desk Officer for GSA, Room 10236, NEOB, Washington, 
DC 20503. Additionally submit a copy to GSA by any of the following 
methods:
     Federal eRulemaking Portal: This website provides the 
ability to type short comments directly into the comment field or 
attach a file for lengthier comments. Go to https://www.regulations.gov 
and follow the instructions on the site.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405. 
ATTN: Ms. Mandell/IC 9000-0107, Federal Acquisition Regulation Part 23 
Requirements.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0107, Federal Acquisition Regulation Part 23 
Requirements, in all correspondence related to this collection. 
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: Ms. Mahruba Uddowla, Procurement 
Analyst, at telephone 703-605-2868, or email mahruba.uddowla@gsa.gov.

SUPPLEMENTARY INFORMATION:

A. Purpose

    This information collection requirement, OMB Control No. 9000-0107, 
currently titled ``Notice of Radioactive Materials,'' is proposed to be 
retitled ``Federal Acquisition Regulation Part 23 Requirements'' due to 
consolidation with currently approved information collection 
requirements OMB Control No. 9000-0101, Drug-Free Workplace; 9000-0191, 
High Global Warming Potential Hydrofluorocarbons; 9000-0194, Public 
Disclosure of Greenhouse Gas Emissions and Reduction Goals--
Representation; 9000-0147, Pollution Prevention and Right-to-Know 
Information; 9000-0134, Environmentally Sound Products; and 9000-0180, 
Affirmative Procurement of Biobased Products Under Service and 
Construction Contracts.
    This information collection requirement pertains to information 
that a contractor must submit in response to a number of requirements 
from FAR Part 23, which are as follows:
    1. Notice of Radioactive Materials. The Atomic Energy Act of 1954, 
(42 U.S.C. 2011), as amended, establishes requirements for protecting 
radioactive materials. The requirements of this Act are implemented in 
the FAR at clause 52.223-7, Notice of Radioactive Materials. This 
clause requires contractors to notify the Government prior to delivery 
of items containing radioactive materials.
    2. Drug-Free Workplace. As mandated in Public Law 100-690, the 
Drug-Free Workplace Act of 1988, and as enacted in Public Law 111-350, 
which recodifies Title 41--Public Contracts of the United States Code: 
(1) Government contractor employees are required to notify their 
employer of any criminal drug statute conviction for a violation 
occurring in the workplace; and (2) Government contractors, after 
receiving notice of such conviction, must notify the Government 
contracting officer. FAR clause 52.223-6, Drug-Free Workplace, 
implements the Act.
    3. High Global Warming Potential Hydrofluorocarbons. FAR clauses 
52.223-11, Ozone-Depleting Substances, and 52.223-12, Refrigeration 
Equipment and Air Conditioners, address high global warming potential 
(GWP) hydrofluorocarbons (HFCs). For equipment and appliances that 
normally contain 50 or more pounds of HFCs or HFC blends, the clauses 
include requirements to track by type, equipment/application, contract, 
agency, and location, the amount in pounds of HFCs or HFC blends--
    i. Contained in such equipment and appliances delivered to the 
Government; or
    ii. Added or taken out of such equipment and appliances that will 
be maintained, repaired, or disposed under the contract.
    The contractor is required to report the HFC information annually 
to a centralized Government website.
    4. Public Disclosure of Greenhouse Gas Emissions and Reduction 
Goals--Representation. FAR provision 52.223-22 contains an annual 
representation for vendors to indicate if and where they publicly 
disclose greenhouse gas emissions and greenhouse gas reduction goals or 
targets. Public disclosure of greenhouse gas emission management is 
increasingly becoming standard practice in many industries, because an 
inventory of this information provides insight into operations, spurs 
innovation, and helps identify opportunities for efficiency and 
savings, outcomes which can translate into both environmental and 
financial benefits. Executive Order (E.O.) 13693, Planning for Federal 
Sustainability in the Next Decade, March 25, 2015, serves as the legal 
underpinning for this collection of information, as it prescribes the 
continuation of the Federal policy that agencies shall increase their 
efficiency and improve their environmental performance, including the 
reduction of greenhouse gas emissions across Federal operations and the 
Federal supply chain (e.g., Federal contractors).
    5. Pollution Prevention and Right-to-Know Information. The 
Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 
U.S.C. 11001-11050) and the Pollution Prevention Act of 1990 (PPA) (42 
U.S.C. 13101-13109), require that Federal facilities maintain reports 
on hazardous materials and toxic chemicals and pollution prevention 
efforts. In keeping with these mandates, FAR clause 52.223-5, Pollution 
Prevention and Right-to-Know Information, requires Federal contractors 
performing at a Federal facility to provide sufficient information to 
the Government to ensure that the facility is compliant with the PPA 
and EPCRA. This information pertains to the Toxic Release Inventory and 
PPA reports; other reports required by the EPCRA; implementation of 
Environmental Management Systems; and completion of Facility Compliance 
Audits.
    6. Environmentally Sound Products. Section 6002 of the Resource 
Conservation and Recovery Act (RCRA), Public Law 94-580, (42 U.S.C. 
6962), requires Federal agencies to develop affirmative procurement 
programs to ensure that items composed of recovered materials will be 
purchased to the maximum extent practicable. Each agency's affirmative 
procurement program must provide estimates of the total percentage of 
recovered materials used in the performance of a contract, 
certification of minimum recovered material content actually used, 
where appropriate, and reasonable verification procedures for estimates 
and certifications. The minimum recovered material content standards 
are designated by the Environmental Protection Agency (EPA). These 
standards are grouped into eight categories--
    (i) Construction products;
    (ii) Landscaping products;
    (iii) Non-paper paper office supplies;
    (iv) Paper and paper products;
    (v) Park and recreation products;

[[Page 3783]]

    (vi) Transportation products;
    (vii) Vehicular products; and
    (viii) Miscellaneous products.
    FAR clause 52.223-9, Estimate of Percentage of Recovered Material 
Content for EPA-Designated Items, was created to assist agencies with 
compliance with section 6002. Clause 52.223-9 requires a contractor, on 
completion of the contract that is for or specifies the use of EPA-
designated items containing recovered materials, to (a) estimate the 
percentage of the total recovered material content delivered or used in 
performance of the contract, including, if applicable, the percentage 
of post-consumer material content and (b) submit an estimate to the 
contracting agency.
    Although section 6002 requires that agencies develop these 
estimates whenever an acquisition sets forth minimum percentages of 
recovered materials, when the price of the item exceeds $10,000, or 
when the aggregate amount paid for the item or functionally equivalent 
items in the preceding fiscal year was $10,000 or more, the clause at 
52.223-9 is only used in solicitations and contracts exceeding 
$150,000. Acquisitions of commercially available off-the-shelf (COTS) 
items are excluded from this requirement.
    7. Affirmative Procurement of Biobased Products Under Service and 
Construction Contracts. FAR clause 52.223-2, Affirmative Procurement of 
Biobased Products Under Service and Construction Contracts, requires 
prime contractors to report annually the product types and dollar 
values of U.S. Department of Agriculture (USDA)-designated biobased 
products purchased. The information reported by prime contractors 
enables Federal agencies to report annually to the Office of Federal 
Procurement Policy (OFPP) concerning actions taken to implement and 
measure progress in carrying out the preference for biobased products 
required under section 9002 of the Farm Security and Rural Investment 
Act of 2002, codified at 7 U.S.C. 8102.

B. Public Comment

    A 60-day notice published in the Federal Register at 83 FR 51462 on 
October 11, 2018. Two comments were received; however, they did not 
change the estimate of the burden.
    Comment 1: The commenter is concerned with potential changes to 
regulations concerning HFCs.
    Comment 2: The commenter asked the General Services Administration 
to implement a rule requiring all federal facilities under their 
management to procure 100% of their electricity needs from carbon-
neutral sources by 2035. The commenter stated this request is a public 
right to petition for the issuance, amendment, or repeal of a rule 
under the Administrative Procedures Act, codified in 5 U.S.C. 553(e).
    Response: These comments are out of scope because they did not 
express an opinion on whether the stated number of burden hours is 
accurate for what they believe to be the actual number of hours an 
offeror/contractor expend to comply with the FAR part 23 requirements.

C. Annual Reporting Burden

    1. Notice of Radioactive Materials.
    Respondents: 500.
    Responses per Respondent: 5.
    Total Annual Responses: 2,500.
    Hours per Response: 1.
    Total Burden Hours: 2,500.
    2. Drug-Free Workplace.
    Respondents: 205.
    Responses per Respondent: 1.
    Total Annual Responses: 205.
    Hours per Response: 0.5.
    Total Burden Hours: 102.5.
    3. High Global Warming Potential Hydrofluorocarbons.
    Respondents: 2,337.
    Responses per Respondent: 1.
    Total Annual Responses: 2,337.
    Hours per Response: 8.
    Total Burden Hours: 18,696.
    4. Public Disclosure of Greenhouse Gas Emissions and Reduction 
Goals--Representation.
    Respondents: 7,740.
    Responses per Respondent: 1.
    Total Annual Responses: 7,740.
    Hours per Response: 0.25.
    Total Burden Hours: 1,935.
    5. Pollution Prevention and Right-to-Know Information.
    Respondents: 3,148.
    Total Annual Responses: 4,713.
    Hours per Response: 3.9622.
    Total Burden Hours: 18,674.
    6. Environmentally Sound Products.
    Respondents: 585.
    Responses per Respondent: 1.
    Total Annual Responses: 585.
    Hours per Response: 0.5.
    Total Burden Hours: 292.5.
    7. Affirmative Procurement of Biobased Products Under Service and 
Construction Contracts.
    Respondents: 29,612.
    Responses per Respondent: 5.
    Total Annual Responses: 148,060.
    Hours per Response: 5.
    Total Burden Hours: 740,300.
    8. Summary.
    Respondents: 44,127.
    Total Annual Responses: 166,140.
    Total Burden Hours: 782,520.
    Obtaining Copies: Requesters may obtain a copy of the information 
collection documents from the General Services Administration, 
Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington, 
DC 20405, telephone 202-501-4755. Please cite OMB Control No. 9000-
0107, Federal Acquisition Regulation Part 23 Requirements, in all 
correspondence.

    Dated: February 7, 2019.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2019-02131 Filed 2-12-19; 8:45 am]
 BILLING CODE 6820-EP-P
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