Designation of Product Categories for Federal Procurement, 32015-32028 [2019-14038]

Agencies

• DEPARTMENT OF AGRICULTURE
• Office of Procurement and Property Management

[Federal Register Volume 84, Number 129 (Friday, July 5, 2019)]
[Rules and Regulations]
[Pages 32015-32028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14038]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 84, No. 129 / Friday, July 5, 2019 / Rules 
and Regulations

[[Page 32015]]



DEPARTMENT OF AGRICULTURE

Office of Procurement and Property Management

7 CFR Part 3201

RIN 0599-AA26


Designation of Product Categories for Federal Procurement

AGENCY: Office of Procurement and Property Management, USDA.

ACTION: Final rule.

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SUMMARY: The U.S. Department of Agriculture (USDA) is amending the 
Guidelines for Designating Biobased Products for Federal Procurement 
(Guidelines) to add 30 sections that will designate the product 
categories within which biobased products would be afforded procurement 
preference by Federal agencies and their contractors. These 30 product 
categories contain finished products that are made, in large part, from 
intermediate ingredients that have been designated for Federal 
procurement preference. Additionally, USDA is amending the existing 
designated product categories of general purpose de-icers, firearm 
lubricants, laundry products, and water clarifying agents.

DATES: This rule is effective August 5, 2019.

FOR FURTHER INFORMATION CONTACT: Karen Zhang, USDA, Office of 
Procurement and Property Management, Room 1640, USDA South Building, 
1400 Independence Avenue SW, Washington, DC 20250; email: 
[email protected]; phone 919-765-9969. Information 
regarding the Federal preferred procurement program (one initiative of 
the BioPreferred Program) is available at https://www.biopreferred.gov.

SUPPLEMENTARY INFORMATION: The information presented in this preamble 
is organized as follows:

I. Authority
II. Background
III. Discussion of Public Comments
IV. Summary of Changes
V. Regulatory Information
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Regulatory Flexibility Act (RFA)
    C. Executive Order 12630: Governmental Actions and Interference 
With Constitutionally Protected Property Rights
    D. Executive Order 12988: Civil Justice Reform
    E. Executive Order 13132: Federalism
    F. Unfunded Mandates Reform Act of 1995
    G. Executive Order 12372: Intergovernmental Review of Federal 
Programs
    H. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    I. Paperwork Reduction Act
    J. E-Government Act
    K. Congressional Review Act

I. Authority

    These product categories are designated under the authority of 
section 9002 of the Farm Security and Rural Investment Act of 2002 (the 
2002 Farm Bill), as amended by the Food, Conservation, and Energy Act 
of 2008 (the 2008 Farm Bill), and further amended by the Agricultural 
Act of 2014 (the 2014 Farm Bill) and the Agricultural Improvement Act 
of 2018 (the 2018 Farm Bill), 7 U.S.C. 8102. (Section 9002 of the 2002 
Farm Bill, as amended by the 2008, 2014, and 2018 Farm Bills, is 
referred to in this document as ``section 9002''.)

II. Background

    As part of the BioPreferred Program, USDA published, on September 
14, 2018, a proposed rule in the Federal Register (FR) for the purpose 
of designating a total of 30 product categories for the preferred 
procurement of biobased products by Federal agencies (referred to 
hereafter in this FR document as the ``preferred procurement 
program''). This proposed rule can be found at 83 FR 46780.
    Section 9002 provides for the preferred procurement of biobased 
products by Federal procuring agencies and is referred to hereafter in 
this Federal Register document as the ``Federal preferred procurement 
program.'' Under the provisions specified in the ``Guidelines for 
Designating Biobased Products for Federal Procurement'' in title 7 of 
the U.S. Code of Federal Regulations (CFR), part 3201 (Guidelines), the 
USDA BioPreferred Program ``designates'' product categories to which 
the preferred procurement requirements apply by listing them in subpart 
B of 7 CFR part 3201.
    The term ``product category'' is used as a generic term in the 
designation process to mean a grouping of specific products that 
perform a similar function. As originally finalized, the Guidelines 
included provisions for the designation of product categories that were 
composed of finished, consumer products such as mobile equipment 
hydraulic fluids, penetrating lubricants, or hand cleaners and 
sanitizers.
    The 2008, 2014, and 2018 Farm Bills directed USDA to expand the 
scope of the Guidelines to include the designation of product 
categories composed of both intermediate ingredients and feedstock 
materials and finished products made from those materials. 
Specifically, the 2008 Farm Bill stated that USDA shall ``designate 
those items (including finished products) that are or can be produced 
with biobased products (including biobased products for which there is 
only a single product or manufacturer in the category) that will be 
subject to'' Federal preferred procurement, ``designate those 
intermediate ingredients and feedstocks that are or can be used to 
produce items that will be subject'' to Federal preferred procurement, 
and ``automatically designate items composed of [designated] 
intermediate ingredients and feedstocks . . . if the content of the 
designated intermediate ingredients and feedstocks exceeds 50 percent 
of the item (unless the Secretary determines a different composition 
percentage is appropriate).''
    In the proposed rule, USDA proposed to designate 30 product 
categories that contain finished products made from biobased 
intermediate ingredients and feedstocks. USDA also proposed to amend 
the existing designated product categories of general purpose de-icers, 
firearm lubricants, laundry products, and water clarifying agents.
    This final rule designates the proposed product categories within 
which biobased products will be afforded Federal procurement 
preference. USDA has determined that

[[Page 32016]]

each of the product categories being designated under this rulemaking 
meets the necessary statutory requirements; that they are being 
produced with biobased products; and that their procurement will carry 
out the following objectives of section 9002: To improve demand for 
biobased products; to spur development of the industrial base through 
value-added agricultural processing and manufacturing in rural 
communities; and to enhance the Nation's energy security by 
substituting biobased products for products derived from imported oil 
and natural gas.
    When USDA designates by rulemaking a product category for preferred 
procurement under the BioPreferred Program, manufacturers of all 
products under the umbrella of that product category that meet the 
requirements to qualify for preferred procurement can claim that status 
for their products. To qualify for preferred procurement, a product 
must be within a designated product category and must contain at least 
the minimum biobased content established for the designated product 
category. With the designation of these specific product categories, 
USDA invites the manufacturers and vendors of qualifying products to 
provide information on the product, contacts, and performance testing 
for posting on its BioPreferred website, https://www.biopreferred.gov. 
Procuring agencies will be able to utilize this website as one tool to 
determine the availability of qualifying biobased products under a 
designated product category. Once USDA designates a product category, 
procuring agencies are required generally to purchase biobased products 
within the designated product category where the purchase price of the 
procurement product exceeds $10,000 or where the quantity of such 
products or of functionally equivalent products purchased over the 
preceding fiscal year equaled $10,000 or more.
    Subcategorization. In this final rule, USDA is subcategorizing one 
of the product categories. That product category is concrete repair 
materials, and the proposed subcategories are: Concrete leveling and 
concrete patching. USDA is also adding a new subcategory for dryer 
sheets to the laundry products product category that was designated 
previously (73 FR 27994, May 14, 2008).
    Minimum Biobased Contents. The minimum biobased contents being 
established in this rule are based on products for which USDA has 
biobased content test data. USDA obtains biobased content data in 
conjunction with product manufacturers' and vendors' applications for 
certification to use the USDA Certified Biobased Product label. 
Products that are certified to display the label must undergo biobased 
content testing by an independent, third-party testing lab using ASTM 
D6866, ``Standard Test Methods for Determining the Biobased Content of 
Solid, Liquid, and Gaseous Samples Using Radiocarbon Analysis.'' These 
test data are maintained in the BioPreferred Program database, and 
their use in setting the minimum biobased content for designated 
product categories results in a more efficient process for both the 
Program and manufacturers and vendors of products within the product 
categories.
    Overlap with the U.S. Environmental Protection Agency's (EPA) 
Comprehensive Procurement Guideline program for recovered content 
products under the Resource Conservation and Recovery Act (RCRA) 
section 6002. Some of the products that are categorized in biobased 
product categories that are designated for Federal preferred 
procurement under the BioPreferred Program may overlap with product 
categories that the U.S. Environmental Protection Agency (EPA) has 
designated under its Comprehensive Procurement Guideline (CPG) for 
products containing recovered (or recycled) materials. A list of EPA's 
CPG program product categories may be found on its website (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program) and in 
40 CFR part 247. In this final rule, some products that are categorized 
in the product categories of concrete curing agents; concrete repair 
materials--concrete leveling; concrete repair materials--concrete 
patching; exterior paints and coatings; folders and filing products; 
other lubricants; playground and athletic surface materials; product 
packaging; rugs or floor mats; shopping and trash bags; soil 
amendments; and transmission fluids may also be categorized in one or 
more of the following product categories that are designated in EPA's 
CPG program:
     Construction Products: Cement and Concrete; Consolidated 
and Reprocessed Latex Paint for Specified Uses;
     Landscaping Products: Compost Made From Recovered Organic 
Materials; Fertilizer Made From Recovered Organic Materials;
     Miscellaneous Products: Mats;
     Non-Paper Office Products: Binders, Clipboards, File 
Folders, Clip Portfolios, and Presentation Folders; Plastic Envelopes; 
Plastic Trash Bags;
     Paper Products: Paperboard and Packaging;
     Parks and Recreation Products: Playground Surfaces; 
Running Tracks; and
     Vehicular Products: Re-refined Lubricating Oil.
    Federal Government Purchase of Sustainable Products. The Federal 
government's sustainable purchasing program includes the following 
three mandatory preference programs for designated products: The 
BioPreferred Program, the EPA's CPG program, and the Environmentally 
Preferable Purchasing program. The Council on Environmental Quality 
(CEQ) and the Office of Management and Budget (OMB) encourage agencies 
to implement these components comprehensively when purchasing products 
and services.
    Other Federal Preferred Procurement Programs. Federal procurement 
officials should also note that many biobased products may be available 
for purchase by Federal agencies through the AbilityOne Program 
(formerly known as the Javits-Wagner-O'Day (JWOD) program). Under this 
program, members of organizations including the National Industries for 
the Blind (NIB) and SourceAmerica (formerly known as the National 
Industries for the Severely Handicapped) offer products and services 
for preferred procurement by Federal agencies.
    Some biobased products that are categorized in the product 
categories of adhesives; cleaning tools; clothing; de-icers; durable 
cutlery; durable tableware; exterior paints and coatings; feminine care 
products; folders and filing products; gardening supplies and 
accessories; kitchenware and accessories; other lubricants; rugs and 
floor mats; and toys and sporting gear could be available for purchase 
in one or more of the following product categories in the AbilityOne 
Catalog:
     Cleaning and Janitorial Products,
     Clothing,
     Furniture,
     Hardware and Paints,
     Kitchen and Breakroom Supplies,
     Mailing and Shipping Supplies,
     Office Supplies,
     Outdoor Supplies, and
     Skin and Personal Care.
    Because additional categories of products are frequently added to 
the AbilityOne Program, it is possible that biobased products within 
other product categories being designated today may be available 
through the AbilityOne Program in the future. Procurement of biobased 
products through the AbilityOne Program would further the objectives of 
both the AbilityOne Program and the Federal preferred procurement 
program.

[[Page 32017]]

    Outreach. To augment its own research, USDA consults with industry 
and Federal stakeholders to the Federal preferred procurement program 
during the development of the rulemaking packages for the designation 
of product categories. USDA consults with stakeholders to gather 
information used in determining the order of product category 
designation and in identifying the following: Manufacturers producing 
and marketing products that are categorized within a product category 
proposed for designation; performance standards used by Federal 
agencies evaluating products to be procured; and warranty information 
used by manufacturers of end-user equipment and other products with 
regard to biobased products.

III. Discussion of Public Comments

    USDA solicited comments on the proposed rule for 90 days ending on 
November 13, 2018. USDA received five comments by that date. All of the 
comments were from manufacturers of biobased products. The comments are 
presented below, along with USDA's responses, and are shown under the 
product categories to which they apply.

Concrete Repair Materials

    Comment: Two commenters recommend including an additional sub-
category under Concrete Repair Materials that would include products 
designed to preserve concrete. The commenters note that the two 
subcategories that were included in the proposed rule, Concrete Repair 
Materials--Concrete Leveling and Concrete Repair Materials--Concrete 
Patching, do not take into consideration products that work to preserve 
the concrete instead of repairing it. The commenters suggest including 
a third subcategory called ``Concrete Repair Materials--Concrete 
Preservation'' that would include products that are designed to protect 
concrete from further deterioration.
    Response: USDA thanks the commenters for their suggestions 
regarding an additional subcategory for the Concrete Repair Materials 
category. USDA agrees that Concrete Repair Materials--Concrete 
Preservation sounds like a reasonable subcategory. However, the 
commenters have not supplied enough information to designate this 
additional subcategory at this time. USDA will continue to collect 
information about concrete preservation products, and a concrete 
preservation subcategory will be evaluated for inclusion in future 
rulemaking actions. In the meantime, USDA would like to encourage 
manufacturers of concrete preservation products who would like to 
participate in the BioPreferred Program to use the product category 
``Wood and Concrete Sealers'' found in Sec.  3201.42.

Epoxy Systems

    Comment: One commenter supports the creation of the Epoxy Systems 
category and agrees that biobased technologies exist that can provide 
performance properties that meet market requirements as well as the 
proposed 23 percent minimum biobased content requirement.
    Response: USDA thanks the commenter for their support of the 
proposed designation of the Epoxy Systems product category.

Exterior Paints and Coatings

    Comment: One commenter suggests adding performance criteria to the 
description for this category. The commenter expresses concern that 
without performance test standards associated with the category, higher 
performing biobased products with less than 83 percent biobased content 
would be excluded.
    Response: USDA agrees that some exterior paint and coating products 
may not meet the 83 percent minimum biobased content requirement; 
however, the data available to USDA show that there are exterior paint 
and coating products that are capable of meeting the 83 percent 
minimum. USDA does not generally consider performance criteria when 
establishing product categories. USDA does give manufacturers an 
opportunity to provide data on performance criteria as supplemental 
information when submitting information about their products. While 
this information is not considered when determining criteria for 
eligibility to participate in the BioPreferred Program, performance 
criteria may be taken into consideration when determining the need to 
establish subcategories. In the future, USDA may add subcategories to 
the Exterior Paints and Coatings category based on performance criteria 
if the data support this.

Rugs and Floor Mats

    Comment: One commenter believes that the proposed minimum biobased 
content (23 percent) will be extremely difficult to achieve for fiber-
based rugs, runners, and floor mats due to the carpet-like structure of 
these types of floor coverings. The commenter states that the carpet 
structure of carpet-based rugs, which does not lend itself to be coated 
with a backing system with enough biobased formulation to reach the 23 
percent biobased content requirement, accounts for 70 percent of the 
structure of the rug. Thus, the commenter recommends adding language to 
clarify that carpet-like rugs and floor coverings be included in the 
previously designated Carpets category rather than in the proposed Rugs 
and Floor Mats category. The commenter believes that non-fiber-based 
chair pads or floor mats would not have this issue and would be able to 
meet the 23 percent biobased content requirement.
    Response: USDA reviewed the commenter's suggestions and agreed that 
it would add clarity to revise the definition. USDA's intent was not to 
supersede the designated product category ``Carpets'' (found in Sec.  
3201.33) for products composed of woven, tufted, or knitted fiber and a 
backing system, regardless of whether or not they are wall-to-wall 
carpet products. USDA has revised the proposed definition to clarify 
that products that include backing systems would fall under the Carpets 
category rather than the Rugs and Floor Mats category. Loose fiber, 
woven rugs or plastic-type floor mats will fall under the Rugs and 
Floor Mats category.

Traffic and Zone Marking Paints

    Comment: One commenter suggests that the category name be changed 
to ``Parking Lot and Road Marking Paints.'' The commenter states that 
while ``Traffic and Zone Marking Paints'' is common verbiage in the 
pavement maintenance industry, the phrase does not adequately convey 
the types of products that might fall into the category to individuals 
who are not overly familiar with the industry, including federal 
purchasing agents and specifiers. The commenter believes that changing 
the category name to ``Parking Lot and Road Marking Paints'' will make 
it more obvious to specifiers that biobased alternatives exist for 
their parking lot and road marking projects. The commenter also 
suggests changing the minimum biobased content to 32 percent rather 
than the proposed 30 percent.
    Response: USDA agrees that finding a name for a product category 
that will be familiar to all users of these types of products is 
difficult. Because ``Traffic and Zone Marking Paints'' is a common 
phrase used by those in the industry, and it has been used for the 
Voluntary Labeling initiative for a significant period of time, USDA 
believes this is a reasonable name for the category. Although the name 
of the product category will not be revised, USDA agrees that the 
definition of the category can be revised to clarify the types of 
products that are included in this

[[Page 32018]]

category. To promote awareness of newly designated product categories, 
USDA prepares ``Fact Sheets'' describing the new designated categories 
and their definitions and posts this information on the BioPreferred 
website so that it is available to federal purchasing agents. Procuring 
agencies will be able to utilize the information available on the 
website as one tool to determine and become familiar with the 
categories of products that are designated for Federal procurement 
preference, as well as the availability of qualifying biobased products 
under a designated product category.
    USDA did not revise the proposed minimum biobased content for this 
product category. As discussed in the Preamble to the proposed rule, 
USDA has biobased content data on five traffic and zone marking paints, 
and these products have biobased contents ranging from 33 to 38 
percent. USDA set the minimum for this category based on the products 
with tested biobased contents of 33 percent, taking into account the 
slight imprecision of three percentage points in the ASTM D6866 test 
method used to measure biobased content.

IV. Summary of Changes

    After consideration of the public comments received in response to 
the proposed rule, USDA made some changes in the final rule. These 
changes are summarized below. In the final rule, USDA has revised the 
definitions of the categories Rugs and Floors Mats and Traffic and Zone 
Marking Paints. These changes were made to clarify or add examples of 
the types of products that will be included or excluded in each of 
these categories. The definition for the Rugs and Floor Mats category 
has been revised to clarify that products composed of woven, tufted, or 
knitted fiber and a backing system are excluded from this category as 
they are already included in the designated product category 
``Carpets.'' The definition for the Traffic and Zone Marking Paints 
category has been revised to clarify the types of products (and the 
common usages of these products) that would fall into this category for 
those who may not be familiar with the traffic and zone marking paint 
industry.
    In addition, USDA has revised the minimum biobased content 
requirement for the Folders and Filing Products category to account for 
new data that USDA obtained. After the proposed rule was published, 
USDA obtained new biobased content data regarding the products upon 
which the proposed minimum for this category was set. These products 
were reformulated and now each contain 59 percent biobased content, as 
measured by ASTM D6866. USDA did not find a reason to exclude either of 
these products and has determined that it is reasonable to change the 
minimum biobased content for this category to include these products. 
Thus, the minimum biobased content for this product category is 56 
percent, based on the products with tested biobased content of 59 
percent.

V. Regulatory Information

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    Executive Order 12866, as supplemented by Executive Order 13563, 
requires agencies to determine whether a regulatory action is 
``significant.'' The Order defines a ``significant regulatory action'' 
as one that is likely to result in a rule that may: (1) Have an annual 
effect on the economy of $100 million or more or adversely affect, in a 
material way, the economy, a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local, or tribal governments or communities; (2) Create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency; (3) Materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or the rights and 
obligations of recipients thereof; or (4) Raise novel legal or policy 
issues arising out of legal mandates, the President's priorities, or 
the principles set forth in the Executive Order.
    This final rule has been determined by the Office of Management and 
Budget to be not significant for purposes of Executive Order 12866. We 
are not able to quantify the annual economic effect associated with 
this final rule. USDA attempted to obtain information on the Federal 
agencies' usage within the proposed new product categories being added 
and the existing categories being amended. These efforts were largely 
unsuccessful. Therefore, attempts to determine the economic impacts of 
this final rule would require estimation of the anticipated market 
penetration of biobased products based upon many assumptions. In 
addition, because agencies have the option of not purchasing products 
within designated product categories if price is ``unreasonable,'' the 
product is not readily available, or the product does not demonstrate 
necessary performance characteristics, certain assumptions may not be 
valid. While facing these quantitative challenges, USDA relied upon a 
qualitative assessment to determine the impacts of this final rule.
1. Summary of Impacts
    This final rule is expected to have both positive and negative 
impacts to individual businesses, including small businesses. USDA 
anticipates that the Federal preferred procurement program will 
ultimately provide additional opportunities for businesses and 
manufacturers to begin supplying products under the proposed designated 
biobased product categories to Federal agencies and their contractors. 
However, other businesses and manufacturers that supply only non-
qualifying products and do not offer biobased alternatives may 
experience a decrease in demand from Federal agencies and their 
contractors. USDA is unable to determine the number of businesses, 
including small businesses, that may be adversely affected by this 
final rule. The final rule, however, will not affect existing purchase 
orders, nor will it preclude businesses from modifying their product 
lines to meet new requirements for designated biobased products. 
Because the extent to which procuring agencies will find the 
performance, availability and/or price of biobased products acceptable 
is unknown, it is impossible to quantify the actual economic effect of 
the rule.
2. Benefits of the Final Rule
    The designation of these product categories provides the benefits 
outlined in the objectives of section 9002: To increase domestic demand 
for many agricultural commodities that can serve as feedstocks for 
production of biobased products and to spur development of the 
industrial base through value-added agricultural processing and 
manufacturing in rural communities. On a national and regional level, 
this final rule can result in expanding and strengthening markets for 
biobased materials used in these product categories.
3. Costs of the Final Rule
    Like the benefits, the costs of this final rule have not been 
quantified. Two types of costs are involved: Costs to producers of 
products that will compete with the preferred products and costs to 
Federal agencies to provide procurement preference for the preferred 
products. Producers of competing products may face a decrease in demand 
for their products to the extent Federal agencies refrain from 
purchasing their products. However, it is not known to what extent this 
may occur. Pre-award procurement costs for

[[Page 32019]]

Federal agencies may rise minimally as the contracting officials 
conduct market research to evaluate the performance, availability, and 
price reasonableness of preferred products before making a purchase.

B. Regulatory Flexibility Act (RFA)

    The RFA, 5 U.S.C. 601-602, generally requires an agency to prepare 
a regulatory flexibility analysis of any rule subject to notice and 
comment rulemaking requirements under the Administrative Procedure Act 
or any other statute unless the agency certifies that the rule will not 
have a significant economic impact on a substantial number of small 
entities. Small entities include small businesses, small organizations, 
and small governmental jurisdictions.
    USDA evaluated the potential impacts of its proposed designation of 
these product categories to determine whether its actions would have a 
significant impact on a substantial number of small entities. Because 
the Federal preferred procurement program established under section 
9002 applies only to Federal agencies and their contractors, small 
governmental (city, county, etc.) agencies are not affected. Thus, this 
final rule will not have a significant economic impact on small 
governmental jurisdictions.
    USDA anticipates that this program will affect entities, both large 
and small, that manufacture or sell biobased products. For example, the 
designation of product categories for Federal preferred procurement 
will provide additional opportunities for businesses to manufacture and 
sell biobased products to Federal agencies and their contractors. 
Similar opportunities will be provided for entities that supply 
biobased materials to manufacturers.
    The intent of section 9002 is largely to stimulate the production 
of new biobased products and to energize emerging markets for those 
products. Because the program continues to evolve, however, it is 
unknown how many businesses will ultimately be affected. While USDA has 
no data on the number of small businesses that may choose to develop 
and market biobased products within the product categories designated 
by this rulemaking, the number is expected to be small. Because 
biobased products represent an emerging market for products that are 
alternatives to traditional products with well-established market 
shares, only a small percentage of all manufacturers, large or small, 
are expected to develop and market biobased products. Thus, the number 
of small businesses manufacturing biobased products affected by this 
rulemaking is not expected to be substantial.
    The Federal preferred procurement program may decrease 
opportunities for businesses that manufacture or sell non-biobased 
products or provide components for the manufacturing of such products. 
Most manufacturers of non-biobased products within the product 
categories being proposed for designation for Federal preferred 
procurement in this rule are expected to be included under the 
following North American Industry Classification System (NAICS) codes:
     314 Textile Product Mills;
     3169 Other Leather and Allied Product Manufacturing;
     32419 Other Petroleum and Coal Products Manufacturing;
     3255 Paint, Coating, and Adhesive Manufacturing;
     3256 Soap, Cleaning Compound, and Toilet Preparation 
Manufacturing;
     325212 Synthetic Rubber Manufacturing;
     325998 All Other Miscellaneous Chemical Product and 
Preparation Manufacturing;
     325220 Artificial and Synthetic Fibers and Filaments 
Manufacturing;
     32611 Plastics Packaging Materials and Unlaminated Film 
and Sheet Manufacturing;
     32614 Polystyrene Foam Product Manufacturing;
     32615 Urethane and Other Foam Product (except Polystyrene) 
Manufacturing;
     32616 Plastics Bottle Manufacturing;
     32619 Other Plastics Product Manufacturing;
     3262 Rubber Product Manufacturing;
     3322 Cutlery and Handtool Manufacturing;
     3324 Boiler, Tank, and Shipping Container Manufacturing;
     3328 Coating, Engraving, Heat Treating, and Allied 
Activities;
     33992 Sporting and Athletic Goods Manufacturing;
     33993 Doll, Toy, and Game Manufacturing;
     33994 Office Supplies (except Paper) Manufacturing;
     339994 Broom, Brush, and Mop Manufacturing; and
     339999 All Other Miscellaneous Manufacturing.
    USDA obtained information on these 24 NAICS categories from the 
U.S. Census Bureau's Economic Census database. USDA found that in 2012, 
the Survey of Business Owners data indicate that there were about 
42,365 firms with paid employees within these 24 NAICS categories. When 
considering the 2012 Business Patterns Geography Area Series data in 
conjunction, these firms owned a total of about 48,532 individual 
establishments. Thus, the average number of establishments per company 
is about 1.15. The 2012 Business Patterns Geography Area Series data 
also reported that of the 48,532 individual establishments, about 
48,306 (99.5 percent) had fewer than 500 paid employees. USDA also 
found that the average number of paid employees per firm among these 
industries was about 35. Thus, nearly all of the businesses meet the 
Small Business Administration's definition of a small business (less 
than 500 employees, in most NAICS categories).
    USDA does not have data on the potential adverse impacts on 
manufacturers of non-biobased products within the product categories 
being designated by this final rule, but believes that the impact will 
not be significant. The ratio of the total number of companies with 
USDA Certified Biobased Products that are categorized in the product 
categories included in this final rule to the total number of firms 
with paid employees in each of the NAICS codes listed above is 0.0038. 
Thus, USDA believes that the number of small businesses manufacturing 
non-biobased products within these product categories and selling 
significant quantities of those products to government agencies that 
would be affected by this rulemaking to be relatively low. Also, this 
final rule will not affect existing purchase orders, and it will not 
preclude procuring agencies from continuing to purchase non-biobased 
products when biobased products do not meet the availability, 
performance, or reasonable price criteria. This final rule will also 
not preclude businesses from modifying their product lines to meet new 
specifications or solicitation requirements for these products 
containing biobased materials.
    After considering the economic impacts of this final rule on small 
entities, USDA certifies that this action will not have a significant 
economic impact on a substantial number of small entities.
    While not a factor relevant to determining whether the final rule 
will have a significant impact for RFA purposes, USDA has concluded 
that the effect of the rule will be to provide positive opportunities 
for businesses engaged in the manufacture of these biobased products. 
Purchase and use of these biobased products by procuring agencies 
increases demand for these products and results in private sector 
development of new technologies,

[[Page 32020]]

creating business and employment opportunities that enhance local, 
regional, and national economies.

C. Executive Order 12630: Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    This final rule has been reviewed in accordance with Executive 
Order 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights, and does not contain 
policies that would have implications for these rights.

D. Executive Order 12988: Civil Justice Reform

    This final rule has been reviewed in accordance with Executive 
Order 12988, Civil Justice Reform. This final rule does not preempt 
State or local laws, is not intended to have retroactive effect, and 
does not involve administrative appeals.

E. Executive Order 13132: Federalism

    This final rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment. Provisions of this 
final rule will not have a substantial direct effect on States or their 
political subdivisions or on the distribution of power and 
responsibilities among the various government levels.

F. Unfunded Mandates Reform Act of 1995

    This final rule contains no Federal mandates under the regulatory 
provisions of Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA), 2 U.S.C. 1531-1538, for State, local, and tribal governments, 
or the private sector. Therefore, a statement under section 202 of UMRA 
is not required.

G. Executive Order 12372: Intergovernmental Review of Federal Programs

    For the reasons set forth in the final rule related notice for 7 
CFR part 3015, subpart V (48 FR 29115, June 24, 1983), this program is 
excluded from the scope of Executive Order 12372, which requires 
intergovernmental consultation with State and local officials. This 
program does not directly affect State and local governments.

H. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This final rule does not significantly or uniquely affect ``one or 
more Indian tribes . . . the relationship between the Federal 
Government and Indian tribes, or . . . the distribution of power and 
responsibilities between the Federal Government and Indian tribes.'' 
Thus, no further action is required under Executive Order 13175.

I. Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 through 3520), the information collection under this final rule is 
currently approved under OMB control number 0503-0011.

J. E-Government Act Compliance

    USDA is committed to compliance with the E-Government Act, which 
requires Government agencies in general to provide the public the 
option of submitting information or transacting business electronically 
to the maximum extent possible. USDA is implementing an electronic 
information system for posting information voluntarily submitted by 
manufacturers or vendors on the products they intend to offer for 
Federal preferred procurement under each designated product category. 
For information pertinent to E-Government Act compliance related to 
this rule, please contact Karen Zhang at (202) 401-4747.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, that includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. USDA has submitted a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register.

List of Subjects in 7 CFR Part 3201

    Biobased products, Business and industry, Government procurement.

    For the reasons stated in the preamble, the Department of 
Agriculture is amending 7 CFR part 3201 as follows:

PART 3201--GUIDELINES FOR DESIGNATING BIOBASED PRODUCTS FOR FEDERAL 
PROCUREMENT

0
1. The authority citation for part 3201 continues to read as follows:

    Authority: 7 U.S.C. 8102.

0
2. Section 3201.37 is amended by revising the section heading and 
paragraphs (a) and (c) to read as follows:


Sec.  3201.37  De-Icers.

    (a) Definition. Chemical products (e.g., salts, fluids) that are 
designed to aid in the removal of snow and/or ice, and/or in the 
prevention of the buildup of snow and/or ice, by lowering the freezing 
point of water.
* * * * *
    (c) Preference compliance dates. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased de-icers. By that date, 
Federal agencies responsible for drafting or reviewing specifications 
for products to be procured shall ensure that the relevant 
specifications require the use of biobased de-icers.
0
3. Section 3201.38 is revised to read as follows:


Sec.  3201.38  Firearm cleaners, lubricants, and protectants.

    (a) Definition. Products that are designed to care for firearms by 
cleaning, lubricating, protecting, or any combination thereof. Examples 
include products that are designed for use in firearms to reduce the 
friction and wear between the moving parts of a firearm, to keep the 
weapon clean, and/or to prevent the formation of deposits that could 
cause the weapon to jam.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 32 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance dates. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased firearm cleaners, 
lubricants, and protectants. By that date, Federal agencies responsible 
for drafting or reviewing specifications for products to be procured 
shall ensure that the relevant specifications require the use of 
biobased firearm cleaners, lubricants, and protectants.

0
4. Section 3201.40 is amended by adding paragraphs (a)(2)(iii) and 
(b)(3) and revising paragraph (c) to read as follows:


Sec.  3201.40  Laundry products.

    (a) * * *
    (2) * * *
    (iii) Dryer sheets. These are small sheets that are added to 
laundry in clothes dryers to eliminate static cling, soften fabrics, or 
otherwise improve the characteristics of the fabric.
    (b) * * *
    (3) Dryer sheets--90 percent.

[[Page 32021]]

    (c) Preference compliance dates. (1) No later than May 14, 2009, 
procuring agencies, in accordance with this part, will give a 
procurement preference for those qualifying biobased laundry products 
specified in paragraphs (a)(2)(i) and (ii) of this section. By that 
date, Federal agencies that have the responsibility for drafting or 
reviewing specifications for items to be procured shall ensure that the 
relevant specifications require the use of biobased laundry products.
    (2) No later than July 6, 2020, procuring agencies, in accordance 
with this part, will give a procurement preference for those qualifying 
biobased laundry products specified in paragraph (a)(2)(iii) of this 
section. By that date, Federal agencies responsible for drafting or 
reviewing specifications for products to be procured shall ensure that 
the relevant specifications require the use of biobased laundry 
products.

0
5. Section 3201.99 is revised to read as follows:


Sec.  3201.99  Water and wastewater treatment chemicals.

    (a) Definition. Chemicals that are specifically formulated to 
purify raw water or to treat and purify wastewater from residential, 
commercial, industrial, and agricultural systems. Examples include 
coagulants, flocculants, neutralizing agents, activated carbon, or 
defoamers. This category excludes microbial cleaning products.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 87 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased water and wastewater 
treatment chemicals. By that date, Federal agencies responsible for 
drafting or reviewing specifications for products to be procured shall 
ensure that the relevant specifications require the use of biobased 
water and wastewater treatment chemicals.

0
6. Add Sec. Sec.  3201.120 through 3201.149 to subpart B to read as 
follows:

Subpart B--Designated Product Categories and Intermediate 
Ingredients or Feedstocks

Sec.
* * * * *
3201.120 Adhesives.
3201.121 Animal habitat care products.
3201.122 Cleaning tools.
3201.123 Concrete curing agents.
3201.124 Concrete repair materials.
3201.125 Durable cutlery.
3201.126 Durable tableware.
3201.127 Epoxy systems.
3201.128 Exterior paints and coatings.
3201.129 Facial care products.
3201.130 Feminine care products.
3201.131 Fire logs and fire starters.
3201.132 Folders and filing products.
3201.133 Foliar sprays.
3201.134 Gardening supplies and accessories.
3201.135 Heating fuels and wick lamps.
3201.136 Kitchenware and accessories.
3201.137 Other lubricants.
3201.138 Phase change materials.
3201.139 Playground and athletic surface materials.
3201.140 Powder coatings.
3201.141 Product packaging.
3201.142 Rugs and floor mats.
3201.143 Shopping and trash bags.
3201.144 Soil amendments.
3201.145 Surface guards, molding, and trim.
3201.146 Toys and sporting gear.
3201.147 Traffic and zone marking paints.
3201.148 Transmission fluids.
3201.149 Wall coverings.


Sec.  3201.120  Adhesives.

    (a) Definition. Adhesives are compounds that temporarily or 
permanently bind two item surfaces together. These products include 
glues and sticky tapes used in construction, household, flooring, and 
industrial settings. This category excludes epoxy systems.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 24 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased adhesives. By that date, 
Federal agencies responsible for drafting or reviewing specifications 
for products to be procured shall ensure that the relevant 
specifications require the use of biobased adhesives.


Sec.  3201.121  Animal habitat care products.

    (a) Definition. Animal habitat care products are products that are 
intended to improve the quality of animal habitats such as cleaning 
supplies, sanitizers, feeders, and products that control, mask, or 
suppress pet odors. This category excludes animal bedding or litter 
products and animal cleaning products.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 22 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased animal habitat care 
products. By that date, Federal agencies responsible for drafting or 
reviewing specifications for products to be procured shall ensure that 
the relevant specifications require the use of biobased animal habitat 
care products.


Sec.  3201.122  Cleaning tools.

    (a) Definition. Cleaning tools are objects that are used to clean a 
variety of surfaces or items and can be used multiple times. This 
category includes tools such as brushes, scrapers, abrasive pads, and 
gloves that are used for cleaning. The expendable materials used in 
cleaning, such as glass cleaners, single-use wipes, and all-purpose 
cleaners, are excluded from this category, as these materials better 
fit in other categories.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 22 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased cleaning tools. By that 
date, Federal agencies responsible for drafting or reviewing 
specifications for products to be procured shall ensure that the 
relevant specifications require the use of biobased cleaning tools.


Sec.  3201.123  Concrete curing agents.

    (a) Definition. Concrete curing agents are products that are 
designed to enhance and control the curing process of concrete.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 59 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased concrete curing agents. 
By that date, Federal agencies

[[Page 32022]]

responsible for drafting or reviewing specifications for products to be 
procured shall ensure that the relevant specifications require the use 
of biobased concrete curing agents.
    (d) Determining overlap with a designated product category in the 
EPA's Comprehensive Procurement Guideline (CPG) program. Qualifying 
products within this product category may overlap with the EPA's CPG-
designated recovered content product category of Construction Products: 
Cement and Concrete. USDA is requesting that manufacturers of these 
qualifying biobased products provide information on the BioPreferred 
Program's website about the intended uses of the product, information 
on whether the product contains any recovered material, in addition to 
biobased ingredients, and performance standards against which the 
product has been tested. This information will assist Federal agencies 
in determining whether a qualifying biobased product overlaps with the 
EPA's CPG-designated product category of Construction Products: Cement 
and Concrete and which product should be afforded the preference in 
purchasing.

    Note 1 to Paragraph (d):  Concrete curing agents within this 
designated product category can compete with similar concrete curing 
agents with recycled content. Under the Resource Conservation and 
Recovery Act of 1976, section 6002, the U.S. Environmental 
Protection Agency CPG-designated Construction Products: Cement and 
Concrete containing recovered materials as products for which 
Federal agencies must give preference in their purchasing programs. 
The designation can be found in the Comprehensive Procurement 
Guideline, 40 CFR 247.12.

Sec.  3201.124  Concrete repair materials.

    (a) Definition. (1) Products that are designed to repair cracks and 
other damage to concrete.
    (2) Concrete repair materials for which preferred procurement 
applies are:
    (i) Concrete repair materials--concrete leveling. Concrete repair 
materials--concrete leveling are products that are designed to repair 
cracks and other damage to concrete by raising or stabilizing concrete.
    (ii) Concrete repair materials--concrete patching. Concrete repair 
materials--concrete patching are products that are designed to repair 
cracks and other damage to concrete by filling and patching the 
concrete.
    (b) Minimum biobased content. The minimum biobased content for all 
concrete repair materials shall be based on the amount of qualifying 
biobased carbon in the product as a percent of the total organic carbon 
in the finished product. The applicable minimum biobased contents are:
    (1) Concrete repair materials--concrete leveling--23 percent.
    (2) Concrete repair materials--concrete patching--69 percent.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased concrete repair 
materials. By that date, Federal agencies responsible for drafting or 
reviewing specifications for products to be procured shall ensure that 
the relevant specifications require the use of biobased concrete repair 
materials.
    (d) Determining overlap with a designated product category in the 
EPA's CPG program. Qualifying products within this product category may 
overlap with the EPA's CPG-designated recovered content product 
category of Construction Products: Cement and Concrete. USDA is 
requesting that manufacturers of these qualifying biobased products 
provide information on the BioPreferred Program's website about the 
intended uses of the product, information on whether the product 
contains any recovered material, in addition to biobased ingredients, 
and performance standards against which the product has been tested. 
This information will assist Federal agencies in determining whether a 
qualifying biobased product overlaps with the EPA's CPG-designated 
product category of Construction Products: Cement and Concrete and 
which product should be afforded the preference in purchasing.

    Note 1 to Paragraph (d):  Concrete repair materials within this 
designated product category can compete with similar concrete repair 
materials with recycled content. Under the Resource Conservation and 
Recovery Act of 1976, section 6002, the U.S. Environmental 
Protection Agency CPG-designated Construction Products: Cement and 
Concrete containing recovered materials as products for which 
Federal agencies must give preference in their purchasing programs. 
The designation can be found in the Comprehensive Procurement 
Guideline, 40 CFR 247.12.

Sec.  3201.125  Durable cutlery.

    (a) Definition. Durable cutlery consists of dining utensils that 
are designed to be used multiple times.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 28 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased durable cutlery. By that 
date, Federal agencies responsible for drafting or reviewing 
specifications for products to be procured shall ensure that the 
relevant specifications require the use of biobased durable cutlery.


Sec.  3201.126  Durable tableware.

    (a) Definition. Durable tableware consists of multiple-use 
drinkware and dishware including cups, plates, bowls, and serving 
platters.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 28 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased durable tableware. By 
that date, Federal agencies responsible for drafting or reviewing 
specifications for products to be procured shall ensure that the 
relevant specifications require the use of biobased durable tableware.


Sec.  3201.127  Epoxy systems.

    (a) Definition. Epoxy systems are two-component systems that are 
epoxy-based and are used as coatings, adhesives, surface fillers, and 
composite matrices.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 23 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased epoxy systems. By that 
date, Federal agencies responsible for drafting or reviewing 
specifications for products to be procured shall ensure that the 
relevant specifications require the use of biobased epoxy systems.


Sec.  3201.128  Exterior paints and coatings.

    (a) Definition. Exterior paints and coatings are pigmented liquid 
products that typically contain pigments to add color and are 
formulated for use on outdoor surfaces. When these products

[[Page 32023]]

dry, they typically form a protective layer and provide a coat of color 
to the applied surface. This category includes paint and primers but 
excludes wood and concrete sealers and stains and specialty coatings 
such as roof coatings, wastewater system coatings, and water tank 
coatings.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 83 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased exterior paints and 
coatings. By that date, Federal agencies responsible for drafting or 
reviewing specifications for products to be procured shall ensure that 
the relevant specifications require the use of biobased exterior paints 
and coatings.
    (d) Determining overlap with a designated product category in the 
EPA's CPG program. Qualifying products within this product category may 
overlap with the EPA's CPG-designated recovered content product 
category of Construction Products: Consolidated and Reprocessed Latex 
Paint for Specified Uses. USDA is requesting that manufacturers of 
these qualifying biobased products provide information on the 
BioPreferred Program's website about the intended uses of the product, 
information on whether the product contains any recovered material, in 
addition to biobased ingredients, and performance standards against 
which the product has been tested. This information will assist Federal 
agencies in determining whether a qualifying biobased product overlaps 
with the EPA's CPG-designated product category of Construction 
Products: Consolidated and Reprocessed Latex Paint for Specified Uses 
and which product should be afforded the preference in purchasing.

    Note 1 to Paragraph (d): Exterior paints and coatings within 
this designated product category can compete with similar exterior 
paints and coatings with recycled content. Under the Resource 
Conservation and Recovery Act of 1976, section 6002, the U.S. 
Environmental Protection Agency CPG-designated Construction 
Products: Consolidated and Reprocessed Latex Paint for Specified 
Uses containing recovered materials as products for which Federal 
agencies must give preference in their purchasing programs. The 
designation can be found in the Comprehensive Procurement Guideline, 
40 CFR 247.12.

Sec.  3201.129  Facial care products.

    (a) Definition. Facial care products are cleansers, moisturizers, 
and treatments specifically designed for the face. These products are 
used to care for the condition of the face by supporting skin 
integrity, enhancing its appearance, and relieving skin conditions. 
This category does not include tools and applicators, such as those 
used to apply facial care products.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 88 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased facial care products. By 
that date, Federal agencies responsible for drafting or reviewing 
specifications for products to be procured shall ensure that the 
relevant specifications require the use of biobased facial care 
products.


Sec.  3201.130  Feminine care products.

    (a) Definition. Feminine care products are products that are 
designed for maintaining feminine health and hygiene. This category 
includes sanitary napkins, panty liners, and tampons.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 65 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased feminine care products. 
By that date, Federal agencies responsible for drafting or reviewing 
specifications for products to be procured shall ensure that the 
relevant specifications require the use of biobased feminine care 
products.


Sec.  3201.131  Fire logs and fire starters.

    (a) Definition. Fire logs and fire starters are devices or 
substances that are used to start a fire intended for uses such as 
comfort heat, decoration, or cooking. Examples include fire logs and 
lighter fluid. This category excludes heating fuels for chafing dishes, 
beverage urns, warming boxes, and wick lamps.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 92 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased fire logs and fire 
starters. By that date, Federal agencies responsible for drafting or 
reviewing specifications for products to be procured shall ensure that 
the relevant specifications require the use of biobased fire logs and 
fire starters.


Sec.  3201.132  Folders and filing products.

    (a) Definition. Folders and filing products are products that are 
designed to hold together items such as loose sheets of paper, 
documents, and photographs with clasps, fasteners, rings, or folders. 
This category includes binders, folders, and document covers.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 56 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased folders and filing 
products. By that date, Federal agencies responsible for drafting or 
reviewing specifications for products to be procured shall ensure that 
the relevant specifications require the use of biobased folders and 
filing products.
    (d) Determining overlap with a designated product category in the 
EPA's CPG program. Qualifying products within this product category may 
overlap with the EPA's CPG-designated recovered content product 
categories of Non-Paper Office Products: Binders, Clipboards, File 
Folders, Clip Portfolios, and Presentation Folders and Non-Paper Office 
Products: Plastic Envelopes. USDA is requesting that manufacturers of 
these qualifying biobased products provide information on the 
BioPreferred Program's website about the intended uses of the product, 
information on whether the product contains any recovered material, in 
addition to biobased ingredients, and performance standards against 
which the product has been tested. This information will assist Federal 
agencies in determining whether a qualifying biobased product overlaps 
with the EPA's CPG-designated product

[[Page 32024]]

categories of Non-Paper Office Products: Binders, Clipboards, File 
Folders, Clip Portfolios, and Presentation Folders and Non-Paper Office 
Products: Plastic Envelopes and which product should be afforded the 
preference in purchasing.

    Note 1 to Paragraph (d): Biobased folders and filing products 
within this designated product category can compete with similar 
folders and filing products with recycled content. Under the 
Resource Conservation and Recovery Act of 1976, section 6002, the 
U.S. Environmental Protection Agency CPG-designated Non-Paper Office 
Products: Binders, Clipboards, File Folders, Clip Portfolios, and 
Presentation Folders and Non-Paper Office Products: Plastic 
Envelopes containing recovered materials as products for which 
Federal agencies must give preference in their purchasing programs. 
The designation can be found in the Comprehensive Procurement 
Guideline, 40 CFR 247.16.

Sec.  3201.133  Foliar sprays.

    (a) Definition. Foliar sprays are products that are applied to the 
leaves of plants and provide plants with nutrients. These products may 
also repair plants from previous pest attacks. Examples include liquid 
fertilizers, foliar feeds, and micronutrient solutions.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 50 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased foliar sprays. By that 
date, Federal agencies responsible for drafting or reviewing 
specifications for products to be procured shall ensure that the 
relevant specifications require the use of biobased foliar sprays.


Sec.  3201.134  Gardening supplies and accessories.

    (a) Definition. Gardening supplies and accessories are products 
that are used to grow plants in outdoor and indoor settings. Examples 
include seedling starter trays, nonwoven mats or substrates for 
hydroponics, and flower or plant pots. This category excludes compost 
activators and accelerators; erosion control materials; fertilizers, 
including soil inoculants; foliar sprays; mulch and compost materials; 
and soil amendments.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 43 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased gardening supplies and 
accessories. By that date, Federal agencies responsible for drafting or 
reviewing specifications for products to be procured shall ensure that 
the relevant specifications require the use of biobased gardening 
supplies and accessories.


Sec.  3201.135  Heating fuels and wick lamps.

    (a) Definition. Heating fuels and wick lamps are products that 
create controlled sources of heat or sustain controlled open flames 
that are used for warming food, portable stoves, beverage urns, or 
fondue pots. This category also includes wick lamps and their fuels 
that create controlled sources of light indoors and in camping or 
emergency preparedness situations. This category excludes fire logs and 
fire starters and candles and wax melts.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 75 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased heating fuels and wick 
lamps. By that date, Federal agencies responsible for drafting or 
reviewing specifications for products to be procured shall ensure that 
the relevant specifications require the use of biobased heating fuels 
and wick lamps.


Sec.  3201.136  Kitchenware and accessories.

    (a) Definition. Kitchenware and accessories are products designed 
for food or drink preparation. These products include cookware and 
bakeware, such as baking cups, cookie sheets, parchment paper, and 
roasting bags or pans; cooking utensils, such as brushes, tongs, 
spatulas, and ladles; and food preparation items, such as cutting 
boards, measuring cups, mixing bowls, coffee filters, food preparation 
gloves, and sandwich and snack bags. These products exclude kitchen 
appliances, such as toasters, blenders, and coffee makers; disposable 
tableware; disposable cutlery; disposable containers; durable 
tableware; durable cutlery; and cleaning tools.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 22 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased kitchenware and 
accessories. By that date, Federal agencies responsible for drafting or 
reviewing specifications for products to be procured shall ensure that 
the relevant specifications require the use of biobased kitchenware and 
accessories.


Sec.  3201.137  Other lubricants.

    (a) Definition. Other lubricants are lubricant products that do not 
fit into any of the BioPreferred Program's specific lubricant 
categories. This category includes lubricants that are formulated for 
specialized uses. Examples of other lubricants include lubricants used 
for sporting or exercise gear and equipment, musical instruments, and 
specialized equipment such as tree shakers. This category excludes 
lubricants that are covered by the specific lubricant categories such 
as chain and cable lubricants, firearm lubricants, forming lubricants, 
gear lubricants, multi-purpose lubricants, penetrating lubricants, 
pneumatic equipment lubricants, and slide way lubricants.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 39 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased other lubricants. By 
that date, Federal agencies responsible for drafting or reviewing 
specifications for products to be procured shall ensure that the 
relevant specifications require the use of biobased other lubricants.
    (d) Determining overlap with a designated product category in the 
EPA's CPG program. Qualifying products within this product category may 
overlap with the EPA's CPG-designated recovered content product 
category of Vehicular Products: Re-Refined Lubricating Oil. USDA is 
requesting that manufacturers of these qualifying biobased products 
provide information on the BioPreferred

[[Page 32025]]

Program's website about the intended uses of the product, information 
on whether the product contains any recovered material, in addition to 
biobased ingredients, and performance standards against which the 
product has been tested. This information will assist Federal agencies 
in determining whether a qualifying biobased product overlaps with the 
EPA's CPG-designated product category of Vehicular Products: Re-Refined 
Lubricating Oil and which product should be afforded the preference in 
purchasing.

    Note 1 to Paragraph (d): Other lubricants within this designated 
product category can compete with similar other lubricants with 
recycled content. According to the Resource Conservation and 
Recovery Act of 1976, section 6002, Federal agencies must give 
preference in their purchasing programs for the U.S. Environmental 
Protection Agency's CPG-designated Vehicular Products: Re-Refined 
Lubricating Oil containing recovered materials as products. The 
designation can be found in the Comprehensive Procurement Guideline, 
40 CFR 247.11.

Sec.  3201.138  Phase change materials.

    (a) Definition. Phase change materials are products that are 
capable of absorbing and releasing large amounts of thermal energy by 
freezing and thawing at certain temperatures. Heat is absorbed or 
released when the material changes from solid to liquid and vice versa. 
Applications may include, but are not limited to, conditioning of 
buildings, medical applications, thermal energy storage, or cooling of 
food. Materials such as animal fats and plant oils that melt at 
desirable temperatures are typically used to make products in this 
category.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 71 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased phase change materials. 
By that date, Federal agencies responsible for drafting or reviewing 
specifications for products to be procured shall ensure that the 
relevant specifications require the use of biobased phase change 
materials.


Sec.  3201.139  Playground and athletic surface materials.

    (a) Definition. Playground and athletic surface materials are 
products that are designed for use on playgrounds and athletic 
surfaces. Examples include materials that are applied to the surfaces 
of playgrounds, athletic fields, and other sports surfaces to enhance 
or change the color or general appearance of the surface and to provide 
safety and/or performance benefits. Such materials include, but are not 
limited to, top coatings, primers, line marking paints, and rubberized 
pellets that are used on athletic courts, tracks, natural or artificial 
turf, and other playing surfaces. This category does not include the 
artificial turf or surface itself, as that is included in the carpets 
product category.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 22 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased playground and athletic 
surface materials. By that date, Federal agencies responsible for 
drafting or reviewing specifications for products to be procured shall 
ensure that the relevant specifications require the use of biobased 
playground and athletic surface materials.
    (d) Determining overlap with a designated product category in the 
EPA's CPG program. Qualifying products within this product category may 
overlap with the EPA's CPG-designated recovered content product 
categories of Parks and Recreation Products: Playground Surfaces and 
Running Tracks. USDA is requesting that manufacturers of these 
qualifying biobased products provide information on the BioPreferred 
Program's website about the intended uses of the product, information 
on whether the product contains any recovered material, in addition to 
biobased ingredients, and performance standards against which the 
product has been tested. This information will assist Federal agencies 
in determining whether a qualifying biobased product overlaps with the 
EPA's CPG-designated product categories of Parks and Recreation 
Products: Playground Surfaces and Running Tracks and which product 
should be afforded the preference in purchasing.

    Note 1 to Paragraph (d): Playground and athletic surface 
materials within this designated product category can compete with 
similar playground and athletic surface materials with recycled 
content. According to the Resource Conservation and Recovery Act of 
1976, section 6002, Federal agencies must give preference in their 
purchasing programs for the U.S. Environmental Protection Agency's 
CPG-designated product categories of Parks and Recreation Products: 
Playground Surfaces and Running Tracks containing recovered 
materials as products. The designation can be found in the 
Comprehensive Procurement Guideline, 40 CFR 247.10.

Sec.  3201.140  Powder coatings.

    (a) Definition. Powder coatings are polymer resin systems that are 
combined with stabilizers, curatives, pigments, and other additives and 
ground into a powder. These coatings are applied electrostatically to 
metallic surfaces and then cured under heat. Powder coatings are 
typically used for coating metals, such as vehicle and bicycle parts, 
household appliances, and aluminum extrusions.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 34 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased powder coatings. By that 
date, Federal agencies responsible for drafting or reviewing 
specifications for products to be procured shall ensure that the 
relevant specifications require the use of biobased powder coatings.


Sec.  3201.141  Product packaging.

    (a) Definition. Product packaging items are used to protect, 
handle, and retain a product during activities related but not limited 
to its storage, distribution, sale, and use. These containers are 
typically designed to be used once. This category excludes packing and 
insulating materials and shopping and trash bags.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 25 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased product packaging. By 
that date, Federal agencies responsible for drafting or reviewing 
specifications for products to be procured shall ensure that the 
relevant specifications require the use of biobased product packaging.

[[Page 32026]]

    (d) Determining overlap with a designated product category in the 
EPA's CPG program. Qualifying products within this product category may 
overlap with the EPA's CPG-designated recovered content product 
category of Paper Products: Paperboard and Packaging. USDA is 
requesting that manufacturers of these qualifying biobased products 
provide information on the BioPreferred Program's website about the 
intended uses of the product, information on whether the product 
contains any recovered material, in addition to biobased ingredients, 
and performance standards against which the product has been tested. 
This information will assist Federal agencies in determining whether a 
qualifying biobased product overlaps with the EPA's CPG-designated 
product category of Paper Products: Paperboard and Packaging and which 
product should be afforded the preference in purchasing.

    Note 1 to Paragraph (d): Product packaging within this 
designated product category can compete with similar product 
packaging with recycled content. Under the Resource Conservation and 
Recovery Act of 1976, section 6002, the U.S. Environmental 
Protection Agency CPG-designated Paper Products: Paperboard and 
Packaging containing recovered materials as products for which 
Federal agencies must give preference in their purchasing programs. 
The designation can be found in the Comprehensive Procurement 
Guideline, 40 CFR 247.10.

Sec.  3201.142  Rugs and floor mats.

    (a) Definition. Rugs or floor mats are floor coverings that are 
used for decorative or ergonomic purposes and that are not attached to 
the floor. This category includes items such as area rugs, rug runners, 
chair mats, and bathroom and kitchen mats. This category excludes 
products composed of woven, tufted, or knitted fiber and a backing 
system because these products fall under the ``Carpets'' product 
category.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 23 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased rugs and floor mats. By 
that date, Federal agencies responsible for drafting or reviewing 
specifications for products to be procured shall ensure that the 
relevant specifications require the use of biobased rugs and floor 
mats.
    (d) Determining overlap with a designated product category in the 
EPA's CPG program. Qualifying products within this product category may 
overlap with the EPA's CPG-designated recovered content product 
category of Miscellaneous Products: Mats. USDA is requesting that 
manufacturers of these qualifying biobased products provide information 
on the BioPreferred Program's website about the intended uses of the 
product, information on whether the product contains any recovered 
material, in addition to biobased ingredients, and performance 
standards against which the product has been tested. This information 
will assist Federal agencies in determining whether a qualifying 
biobased product overlaps with the EPA's CPG-designated product 
category of Miscellaneous Products: Mats and which product should be 
afforded the preference in purchasing.

    Note 1 to Paragraph (d): Rugs and floor mats within this 
designated product category can compete with similar rugs or floor 
mats with recycled content. Under the Resource Conservation and 
Recovery Act of 1976, section 6002, the U.S. Environmental 
Protection Agency CPG-designated Miscellaneous Products: Mats 
containing recovered materials as products for which Federal 
agencies must give preference in their purchasing programs. The 
designation can be found in the Comprehensive Procurement Guideline, 
40 CFR 247.17.

Sec.  3201.143  Shopping and trash bags.

    (a) Definition. Shopping and trash bags are open-ended bags that 
are typically made of thin, flexible film and are used for containing 
and transporting items such as consumer goods and waste. Examples 
include trash bags, can liners, shopping or grocery bags, pet waste 
bags, compost bags, and yard waste bags. This category does not include 
product packaging, disposable containers, or semi-durable and non-
durable films.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 22 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased shopping and trash bags. 
By that date, Federal agencies responsible for drafting or reviewing 
specifications for products to be procured shall ensure that the 
relevant specifications require the use of biobased shopping and trash 
bags.
    (d) Determining overlap with a designated product category in the 
EPA's CPG program. Qualifying products within this product category may 
overlap with the EPA's CPG-designated recovered content product 
category of Non-Paper Office Products: Plastic Trash Bags. USDA is 
requesting that manufacturers of these qualifying biobased products 
provide information on the BioPreferred Program's website about the 
intended uses of the product, information on whether the product 
contains any recovered material, in addition to biobased ingredients, 
and performance standards against which the product has been tested. 
This information will assist Federal agencies in determining whether a 
qualifying biobased product overlaps with the EPA's CPG-designated 
product category of Non-Paper Office Products: Trash Bags and which 
product should be afforded the preference in purchasing.

    Note 1 to Paragraph (d): Shopping and trash bags within this 
designated product category can compete with similar shopping and 
trash bags with recycled content. Under the Resource Conservation 
and Recovery Act of 1976, section 6002, the U.S. Environmental 
Protection Agency CPG-designated Non-Paper Office Products: Trash 
Bags containing recovered materials as products for which Federal 
agencies must give preference in their purchasing programs. The 
designation can be found in the Comprehensive Procurement Guideline, 
40 CFR 247.17.

Sec.  3201.144  Soil amendments.

    (a) Definition. Soil amendments are materials that enhance the 
physical characteristics of soil through improving water retention or 
drainage, improving nutrient cycling, promoting microbial growth, or 
changing the soil's pH. This category excludes foliar sprays and 
chemical fertilizers.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 72 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased soil amendments. By that 
date, Federal agencies responsible for drafting or reviewing 
specifications for products to be procured shall ensure that the 
relevant specifications require the use of biobased soil amendments.

[[Page 32027]]

    (d) Determining overlap with a designated product category in the 
EPA's CPG program. Qualifying products within this product category may 
overlap with the EPA's CPG-designated recovered content product 
categories of Landscaping Products: Compost Made From Recovered Organic 
Materials and Landscaping Products: Fertilizer Made From Recovered 
Organic Materials. USDA is requesting that manufacturers of these 
qualifying biobased products provide information on the BioPreferred 
Program's website about the intended uses of the product, information 
on whether the product contains any recovered material, in addition to 
biobased ingredients, and performance standards against which the 
product has been tested. This information will assist Federal agencies 
in determining whether a qualifying biobased product overlaps with the 
EPA's CPG-designated product categories Landscaping Products: Compost 
Made From Recovered Organic Materials and Landscaping Products: 
Fertilizer Made From Recovered Organic Materials and which product 
should be afforded the preference in purchasing.

    Note 1 to Paragraph (d): Soil amendments within this designated 
product category can compete with similar soil amendments with 
recycled content. Under the Resource Conservation and Recovery Act 
of 1976, section 6002, the U.S. Environmental Protection Agency CPG-
designated Landscaping Products: Compost Made From Recovered Organic 
Materials and Landscaping Products: Fertilizer Made From Recovered 
Organic Materials containing recovered materials as products for 
which Federal agencies must give preference in their purchasing 
programs. The designation can be found in the Comprehensive 
Procurement Guideline, 40 CFR 247.15.

Sec.  3201.145  Surface guards, molding, and trim.

    (a) Definition. Surface guards, molding, and trim products are 
typically used during construction or manufacturing. These products are 
designed to protect surfaces, such as walls and floors, from damage or 
to cover the exposed edges of furniture or floors.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 26 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased surface guards, molding, 
and trim. By that date, Federal agencies responsible for drafting or 
reviewing specifications for products to be procured shall ensure that 
the relevant specifications require the use of biobased surface guards, 
molding, and trim.


Sec.  3201.146  Toys and sporting gear.

    (a) Definition. Toys and sporting gear are products that are 
designed for indoor or outdoor recreational use including, but not 
limited to, toys; games; and sporting equipment and accessories such as 
balls, bats, racquets, nets, and bicycle seats. This category does not 
include products such as cleaners, lubricants, and oils that are used 
to maintain or clean toys and sporting gear.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 32 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased toys and sporting gear. 
By that date, Federal agencies responsible for drafting or reviewing 
specifications for products to be procured shall ensure that the 
relevant specifications require the use of biobased toys and sporting 
gear.


Sec.  3201.147  Traffic and zone marking paints.

    (a) Definition. Traffic and zone marking paints are products that 
are formulated and marketed for marking and striping parking lots, 
roads, streets, highways, or other traffic surfaces including, but not 
limited to, curbs, crosswalks, driveways, sidewalks, and airport 
runways.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 30 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased traffic and zone marking 
paints. By that date, Federal agencies responsible for drafting or 
reviewing specifications for products to be procured shall ensure that 
the relevant specifications require the use of biobased traffic and 
zone marking paints.


Sec.  3201.148  Transmission fluids.

    (a) Definition. Transmission fluids are liquids that lubricate and 
cool the moving parts in a transmission to prevent wearing and to 
ensure smooth performance.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 60 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased transmission fluids. By 
that date, Federal agencies responsible for drafting or reviewing 
specifications for products to be procured shall ensure that the 
relevant specifications require the use of biobased transmission 
fluids.
    (d) Determining overlap with a designated product category in the 
EPA's CPG program. Qualifying products within this product category may 
overlap with the EPA's CPG-designated recovered content product 
category of Vehicular Products: Re-refined Lubricating Oil. USDA is 
requesting that manufacturers of these qualifying biobased products 
provide information on the BioPreferred Program's website about the 
intended uses of the product, information on whether the product 
contains any recovered material, in addition to biobased ingredients, 
and performance standards against which the product has been tested. 
This information will assist Federal agencies in determining whether a 
qualifying biobased product overlaps with the EPA's CPG-designated 
Vehicular Products: Re-Refined Lubricating Oil and which product should 
be afforded the preference in purchasing.

    Note 1 to Paragraph (d): Transmission fluids within this 
designated product category can compete with similar transmission 
fluids with recycled content. Under the Resource Conservation and 
Recovery Act of 1976, section 6002, the U.S. Environmental 
Protection Agency CPG-designated product categories Vehicular 
Products: Re-Refined Lubricating Oil containing recovered materials 
as products for which Federal agencies must give preference in their 
purchasing programs. The designation can be found in the 
Comprehensive Procurement Guideline, 40 CFR 247.11.


[[Page 32028]]




Sec.  3201.149  Wall coverings.

    (a) Definition. Wall coverings are materials that are applied to 
walls using an adhesive. This category includes, but is not limited to, 
wallpaper, vinyl wall coverings, and wall fabrics. This category 
excludes all types of paints or coatings.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 62 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than July 6, 2020, 
procuring agencies, in accordance with this part, will give a 
procurement preference for qualifying biobased wall coverings. By that 
date, Federal agencies responsible for drafting or reviewing 
specifications for products to be procured shall ensure that the 
relevant specifications require the use of biobased wall coverings.

Donald K. Bice,
Deputy Assistant Secretary for Administration, U.S. Department of 
Agriculture.
[FR Doc. 2019-14038 Filed 7-3-19; 8:45 am]
BILLING CODE 3410-93-P