[Federal Register Volume 67, Number 200 (Wednesday, October 16, 2002)]
[Proposed Rules]
[Pages 64010-64011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26243]
[[Page 64009]]
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Part III
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Parts 2, 11, and 23
Federal Acquisition Regulation; Energy-Efficient Standby Power Devices;
Proposed Rule
Federal Register / Vol. 67, No. 200 / Wednesday, October 16, 2002 /
Proposed Rules
[[Page 64010]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 11, and 23
[FAR Case 2001-028]
RIN 9000-AJ47
Federal Acquisition Regulation; Energy-Efficient Standby Power
Devices
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to implement Executive Order
(E.O.) 13221 of July 31, 2001, Energy Efficient Standby Power Devices,
and clarify requirements for the purchase of Environmental Protection
Agency (EPA)-designated products.
DATES: Interested parties should submit comments in writing on or
before December 16, 2002 to be considered in the formulation of a final
rule.
ADDRESSES: Submit written comments to--
General Services Administration, FAR Secretariat (MVA), 1800 F Street,
NW., Room 4035, Attn: Laurie Duarte, Washington, DC 20405.
Submit electronic comments via the Internet to--farcase.2001-
[email protected].
Please submit comments only and cite FAR case 2001-028 in all
correspondence related to this case.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC, 20405, at (202) 501-4755 for information
pertaining to status or publication schedules. For clarification of
content, contact Ms. Laura Smith, Procurement Analyst, at (202) 208-
7279. Please cite FAR case 2001-028.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule amends the FAR to implement E.O. 13221 and
clarify requirements when purchasing EPA-designated products. The rule
adds--
1. A definition for ``energy-efficient standby power devices'' in
FAR Subpart 2.1, Definitions; and
2. Guidance on energy-efficient standby power devices at FAR Parts
11, Describing Agency Needs, and 23, Environment, Energy and Water
Efficiency, Renewable Energy Technologies, Occupational Safety, and
Drug-Free Workplace; and
3. Guidance on purchasing EPA-designated products in FAR sections
23.405 and 23.406.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Councils do not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because this rule simply provides additional guidance to Government
contracting and technical personnel with respect to the Government's
preference, set forth in FAR Subparts 11.1, 23.2, and 23.4, for buying
energy-efficient products and services and EPA-designated products that
meet applicable EPA minimum recovered material content recommendations.
An Initial Regulatory Flexibility Analysis has, therefore, not been
performed. We invite comments from small businesses and other
interested parties. The Councils will consider comments from small
entities concerning the affected FAR subparts in accordance with 5
U.S.C. 610. Interested parties must submit such comments separately and
should cite 5 U.S.C. 601, et seq. (FAR case 2001-028), in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FAR do not impose information collection requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 2, 11, and 23
Government procurement.
Dated: October 9, 2002.
Al Matera,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 2, 11,
and 23 as set forth below:
1. The authority citation for 48 CFR parts 2, 11, and 23 continues
to read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 2--DEFINITIONS OF WORDS AND TERMS
2. Amend section 2.101 by adding, in alphabetical order, the
definition ``Energy-efficient standby power devices'' to read as
follows:
2.101 Definitions.
* * * * *
Energy-efficient standby power devices means products that--
(1) Include an external or internal power supply; and
(2) Use no more than one watt of electricity in their standby power
consuming mode or meet recommended low standby levels as designated by
the Department of Energy Federal Energy Management Program.
* * * * *
PART 11--DESCRIBING AGENCY NEEDS
3. Amend section 11.002 by revising paragraph (d)(1) and the
introductory text of (d)(2) to read as follows:
11.002 Policy.
* * * * *
(d)(1) The Resource Conservation and Recovery Act of 1976 (42
U.S.C. 6901, et seq.), Executive Order 13101 of September 14, 1998,
Greening the Government through Waste Prevention, Recycling, and
Federal Acquisition, Executive Order 13123 of June 3, 1999, Greening
the Government through Efficient Energy Management, and Executive Order
13221 of July 31, 2001, Energy Efficient Standby Power Devices,
establish requirements for acquiring--
(i) Products containing recovered materials;
(ii) Environmentally preferable products and services;
(iii) Energy-efficient products and services;
(iv) Products and services that utilize renewable energy
technologies; and
(v) Products containing energy-efficient standby power devices.
(2) Executive agencies shall consider use of recovered materials,
energy- and water-efficient products and services, products containing
energy-efficient standby power devices, environmentally preferable
purchasing criteria developed by the EPA, and environmental objectives
(see subparts 23.2, 23.4, and 23.703(b)) when--
* * * * *
4. Amend section 11.101 in the introductory text of paragraph (b)
by removing ``must'' and adding ``shall'' in its place; and by revising
paragraph (b)(1) to read as follows:
[[Page 64011]]
11.101 Order of precedence for requirements documents.
* * * * *
(b) * * *
(1) Energy efficiency, including using products containing energy-
efficient standby power devices and renewable energy technologies; and
* * * * *
PART 23--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
5. Amend section 23.201 by adding paragraph (e) to read as follows:
23.201 Authorities.
* * * * *
(e) Executive Order 13221 of July 31, 2001, Energy Efficient
Standby Power Devices.
6. Revise section 23.203 to read as follows:
23.203 Energy-efficient products.
(a) If life-cycle cost-effective and available--
(1) When acquiring energy-using products--
(i) Agencies shall purchase ENERGY STAR[reg] or other energy-
efficient items listed on the Department of Energy's Federal Energy
Management Program (FEMP) Product Energy Efficiency Recommendations
product list; and
(ii) For products that consume power in a standby mode and are
listed on FEMP's Standby Power Devices product listing, agencies
shall--
(A) Purchase items which meet FEMP's standby power wattage
recommendation or document the reason for not purchasing such items; or
(B) If FEMP has listed a product without a corresponding wattage
recommendation, purchase items which use no more than one watt in their
standby power consuming mode. When it is impracticable to meet the one
watt requirement, agencies shall purchase items with the lowest standby
wattage practicable; and
(2) When contracting for services that will include the provision
of energy-using products, including contracts for design, construction,
renovation, or maintenance of a public building, the specifications
shall incorporate the applicable requirements in paragraph (a)(1) of
this section.
(b) The requirements in paragraph (a) of this section only apply
when the relevant product's utility and performance meet the agency's
need.
(c) Information is available via the Internet about--
(1) ENERGY STAR[reg] at http://www.energystar.gov/; and
(2) FEMP at http://www.eren.doe.gov/femp/procurement.
7. Amend section 23.405 by revising the introductory text of
paragraph (c) to read as follows:
23.405 Procedures.
* * * * *
(c) The contracting officer shall place in the contract file a
written justification if an acquisition of EPA-designated products
above the micro-purchase threshold does not meet applicable minimum
recovered material content recommended by EPA guidelines. If the agency
has designated an Environmental Executive, the contracting officer
shall give a copy of the written justification to that official. The
contracting officer shall base the justification on the inability to
acquire the product--
* * * * *
8. Amend section 23.406 by revising paragraph (a) to read as
follows:
23.406 Solicitation provision and contract clause.
(a) Insert the provision at 52.223-4, Recovered Material
Certification, in solicitations that are for, or specify the use of,
EPA-designated products containing recovered materials.
* * * * *
[FR Doc. 02-26243 Filed 10-15-02; 8:45 am]
BILLING CODE 6820-EP-P