80 FR 36248 - General Services Administration Acquisition Regulation; GSAR Case 2006-G506; Environmental, Conservation, Occupational Safety and Drug-Free Workplace

GENERAL SERVICES ADMINISTRATION

Federal Register Volume 80, Issue 121 (June 24, 2015)

The General Services Administration (GSA) is issuing a final rule to amend the General Services Administration Acquisition Regulation (GSAR) to update the text and clauses regarding Hazardous Materials Identification and Material Safety Data.

[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Rules and Regulations]
[Pages 36248-36249]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15413]



[[Page 36248]]

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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 523 and 552

[GSAR Change 64; GSAR Case 2006-G506; Docket No. 2009-0005; Sequence 
No. 1]
RIN 3090-A182


General Services Administration Acquisition Regulation; GSAR Case 
2006-G506; Environmental, Conservation, Occupational Safety and Drug-
Free Workplace

AGENCY: Office of Acquisition Policy, General Services Administration 
(GSA).

ACTION: Final rule.

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SUMMARY: The General Services Administration (GSA) is issuing a final 
rule to amend the General Services Administration Acquisition 
Regulation (GSAR) to update the text and clauses regarding Hazardous 
Materials Identification and Material Safety Data.

DATES: Effective: June 24, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Kevin Funk, Procurement Analyst, 
at 215-446-4860, for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat Division at 202-501-4755. Please cite GSAR Case 2006-G506.

SUPPLEMENTARY INFORMATION: 

I. Background

    GSA published a proposed rule in 2009 to update the text and 
clauses regarding Hazardous Materials Identification and Material 
Safety Data. A second proposed rule was issued in the Federal Register 
at 80 FR 8278, on February 17, 2015, due to the length of time since 
the original proposed rule was published in 2009 and updates to the 
regulations referenced in GSAM Subpart 523.3. No public comments were 
received on the proposed rule. One change was made for this final rule, 
which clarifies that the new GSAR clause 552.223-73 is only required in 
solicitations and contracts for packaged items containing hazardous 
materials.

II. Discussion and Analysis

    The final rule changes the title of Part 523 to ``Environment, 
Energy and Water Efficiency, Renewable Energy Technologies, 
Occupational Safety, and Drug-Free Workplace,'' to correspond to the 
title in FAR Part 23. The title for Subpart 523.3 is changed to 
``Hazardous Material Identification and Material Safety Data'' to be 
consistent with the corresponding FAR subpart.
    In addition, this final rule adds a new hazardous materials clause, 
GSAR clause 552.223-73. GSAR clause 552.223-73 Preservation, Packaging, 
Packing, Marking and Labeling of Hazardous Materials (HAZMAT) For 
Shipments is added to require compliance by contractors regarding 
preservation, packaging, packing, marking, and labeling of hazardous 
materials. This clause is also added to the Provision and Clause 
Matrixes.
    The GSAR provision at 552.212-72, Contract Terms and Conditions 
Required to Implement Statutes or Executive Orders Applicable to GSA 
Acquisition of Commercial Items, is updated to include the new 
hazardous material clause 552.223-73.

III. Executive Order 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    The General Services Administration certifies that this final rule 
will not 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 these changes will not substantively 
change the reporting, recordkeeping, or compliance requirements for 
contractors.

V. Paperwork Reduction Act

    This final rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Parts 523 and 552

    Government procurement.

    Dated: June 17, 2015.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Government-wide Policy.

    Therefore, GSA amends 48 CFR parts 523 and 552 as set forth below:

PART 523--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE 
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

0
1. Revise the authority citation for 48 CFR part 523 to read as 
follows:

    Authority:  40 U.S.C. 121(c).


0
2. Revise the part heading to read as set forth above.
0
3. Revise subpart heading 523.3 to read as set forth below.

Subpart 523.3--Hazardous Material Identification and Material 
Safety Data

0
4. Amend section 523.303 by revising the section heading; and adding a 
new paragraph (c) to read as follows:
    523.303 Contract clauses.
* * * * *
    (c) Insert 552.223-73, Preservation, Packaging, Packing, Marking 
and Labeling of Hazardous Materials (HAZMAT) for Shipments, in 
solicitations and contracts for packaged items containing hazardous 
materials.

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
5. The authority citation for part 552 continues to read as follows:

    Authority:  40 U.S.C. 121(c).
0
6. Amend section 552.212-72 by revising the date of the clause and 
paragraph (b) to read as follows:


552.212-72   Contract Terms and Conditions Required to Implement 
Statutes or Executive Orders Applicable to GSA Acquisition of 
Commercial Items.

* * * * *

Contract Terms and Conditions Required To Implement Statutes or 
Executive Orders Applicable to GSA Acquisition of Commercial Items [JUN 
2015]

* * * * *
    (b) Clauses.
__552.223-70 Hazardous Substances.
__552.223-71 Nonconforming Hazardous Material.
__552.223-73 Preservation, Packaging, Packing, Marking and Labeling 
of Hazardous Materials (HAZMAT) for Shipments.

[[Page 36249]]

__552.238-70 Identification of Electronic Office Equipment Providing 
Accessibility for the Handicapped.
__552.238-72 Identification of Products That Have Environmental 
Attributes.


(End of clause)

0
7. Add section 552.223-73 to read as follows:


552.223-73  Preservation, Packaging, Packing, Marking and Labeling of 
Hazardous Materials (HAZMAT) For Shipments.

    As prescribed in 523.303(c), insert the following clause:

Preservation, Packaging, Packing, Marking and Labeling of Hazardous 
Materials (HAZMAT) For Shipments [JUN 2015]

    (a) Definition. United States, as used in this clause, means the 
48 adjoining U.S. States, Alaska, Hawaii, and U.S. territories and 
possessions, such as Puerto Rico.
    (b) Preservation, packaging, packing, marking and labeling of 
hazardous materials for export shipment outside the United States in 
all transport modes shall comply with the following, as applicable:
    (1) International Maritime Dangerous Goods (IMDG) Code as 
established by the International Maritime Organization (IMO).
    (2) U.S. Department of Transportation (DOT) Hazardous Material 
Regulation (HMR) 49 CFR parts 171 through 180. (Note: 
Classifications permitted by the HMR, but not permitted by the IMDG 
code, such as Consumer Commodities classed as ORM-D, shall be 
packaged in accordance with the IMDG Code and dual-marked with both 
Consumer Commodity and IMDG marking and labeling.)
    (3) Occupational Safety and Health Administration (OSHA) 
Regulation 29 CFR part 1910.1200.
    (4) International Air Transport Association (IATA), Dangerous 
Goods Regulation and/or International Civil Aviation Organization 
(ICAO), Technical Instructions.
    (5) AFMAN 24-204, Air Force Inter-Service Manual, Preparing 
Hazardous Materials For Military Air Shipments.
    (6) Any preservation, packaging, packing, marking and labeling 
requirements contained elsewhere in this solicitation and contract.
    (c) Preservation, packaging, packing, marking and labeling of 
hazardous materials for domestic shipments within the United States 
in all transport modes shall comply with the following; as 
applicable:
    (1) U.S. Department of Transportation (DOT) Hazardous Material 
Regulation (HMR) 49 CFR parts 171 through 180.
    (2) Occupational Safety and Health Administration (OSHA) 
Regulation 29 CFR part 1910.1200.
    (3) Any preservation, packaging, packing, marking and labeling 
requirements contained elsewhere in this solicitation and contract.
    (d) Hazardous Material Packages designated for outside the 
United States destinations through Forwarding Points, Distribution 
Centers, or Container Consolidation Points (CCPs) shall comply with 
the IMDG, IATA, ICAO or AFMAN 24-204 codes, as applicable.
    (e) The test certification data showing compliance with 
performance-oriented packaging or UN-approved packaging requirements 
shall be made available to GSA contract administration/management 
representatives or regulatory inspectors upon request.


(End of clause)

[FR Doc. 2015-15413 Filed 6-23-15; 8:45 am]
 BILLING CODE 6820-61-P