80_FR_53607 80 FR 53436 - Federal Acquisition Regulation; EPEAT Items

80 FR 53436 - Federal Acquisition Regulation; EPEAT Items

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 171 (September 3, 2015)

Page Range53436-53438
FR Document2015-21746

DoD, GSA, and NASA are adopting as final, with changes, an interim rule amending the Federal Acquisition Regulation (FAR) to implement changes in the Electronic Product Environmental Assessment Tool (EPEAT[supreg]) registry.

Federal Register, Volume 80 Issue 171 (Thursday, September 3, 2015)
[Federal Register Volume 80, Number 171 (Thursday, September 3, 2015)]
[Rules and Regulations]
[Pages 53436-53438]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21746]


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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 7, 23, and 52

[FAC 2005-84; FAR Case 2013-016; Item I; Docket 2013-0016, Sequence 1]
RIN 9000-AM71


Federal Acquisition Regulation; EPEAT Items

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

ACTION: Final rule.

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

SUMMARY: DoD, GSA, and NASA are adopting as final, with changes, an 
interim rule amending the Federal Acquisition Regulation (FAR) to 
implement changes in the Electronic Product Environmental Assessment 
Tool (EPEAT[supreg]) registry.

DATES: Effective: October 5, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Charles Gray, Procurement Analyst, 
at 202-208-6726, for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at 202-501-4755. Please cite FAC 2005-84, FAR Case 2013-
016.

SUPPLEMENTARY INFORMATION: 

[[Page 53437]]

I. Background

    DoD, GSA and NASA published an interim rule in the Federal Register 
at 79 FR 35859 on June 24, 2014, to expand the Federal requirement to 
procure EPEAT[supreg]-registered products beyond personal computer 
products to cover imaging equipment (i.e., copiers, digital 
duplicators, facsimile machines, mailing machines, multifunction 
devices, printers, and scanners) and televisions and modify the 
existing FAR requirements to recognize the revised standard applicable 
to computer products. One respondent submitted public comments on the 
interim rule. Comments were also received informally from within the 
Government.

II. Discussion and Analysis

    The Civilian Agency Acquisition Council and the Defense Acquisition 
Regulations Council (the Councils) reviewed the comments in the 
development of the final rule. A discussion of the comments is provided 
as follows:

A. Summary of Significant Changes in Response to Public Comments

    There is no significant change in the final rule in response to the 
public comments received.

B. Analysis of Public Comments

1. EPEAT[supreg] Issues
    Comment: The respondent expressed concern about the use of 
EPEAT[supreg] standards because it is a registered trademark and 
manufacturers must purchase an annual license. The respondent also 
expressed concern over the use of a private entity as a source of 
standards for Government purchasing. The respondent recommended that 
the Government rely on the underlying ANSI-accredited technical 
standards used by EPEAT[supreg], such as the IEEE 1680\TM\ family of 
standards, and accept third party certification of conformance to the 
IEEE 1680\TM\ family of standards. The respondent recommended issuing 
further guidance clarifying the reliance on the IEEE 1680\TM\ family of 
standards when new product categories are added.
    Response: The requirement to purchase ``EPEAT[supreg]-registered'' 
electronic products was established under the interim rule for FAR Case 
2006-030 which was published in the Federal Register at 72 FR 73215 on 
December 26, 2007. The FAR case implemented section 2(h) of Executive 
Order (E.O.) 13423, Strengthening Federal Environmental, Energy, and 
Transportation Management. Subsequently, E.O. 13514, Federal Leadership 
in Environmental, Energy, and Economic Performance, directed agencies 
to purchase EPEAT[supreg]-registered products as part of a broader goal 
to advance sustainable acquisition. Although E.O.s 13423 and 13514 have 
now been superseded by E.O. 13693, Planning for Federal Sustainability 
in the Next Decade, this final rule does not change the requirement to 
purchase EPEAT[supreg]-registered products. The FAR will be revised to 
be consistent with the new E.O. 13693, which does not endorse any 
private labels. It does, however, clearly require in section 3(l) that 
Federal agencies ensure a procurement preference for environmentally 
sustainable electronic products. EPEAT[supreg] continues to be an 
important tool for agencies to utilize to comply with the electronic 
stewardship goals that are required by E.O. 13693.
2. Interim Rule
    Comment: The respondent stated that the decision to publish this 
rule as an interim rule misapplied the ``urgent and compelling'' 
exception to the standard notice and comment process.
    Response: This action was appropriate because imaging equipment and 
television items have already been added to the EPEAT[supreg] registry. 
Therefore, under the requirements of E.O.s 13423 and 13514, agencies 
are already required to fulfill at least 95 percent of their annual 
acquisition requirement for electronic products with EPEAT[supreg]-
registered electronic products.

C. Other Changes

    Based on informal comments from within the Government, the final 
rule amends FAR 23.704(a) to reflect more clearly the language in E.O. 
13423 as it pertains to the requirement for agencies, when acquiring 
electronic product, to meet at least 95 percent of those requirements 
with an EPEAT[supreg]- registered electronic product. The exceptions to 
this requirement are also amended to align with both E.O.s. Products 
that fall within the exceptions in FAR paragraphs 23.704(a)(1)(i) 
through (iii) are not included when calculating the achievement of the 
95 percent goal. A determination by the agency head is not required if 
no EPEAT[supreg]-registered product meets agency requirements, but the 
agency head may provide an exemption in accordance with FAR 23.105.
    However, a determination is required, in accordance with agency 
procedures, if the agency decides not to acquire an EPEAT[supreg]-
registered product because the product will not be cost effective over 
the life of the product (FAR 23.704(a)(2)). Because the E.O.s do not 
provide an exception based on cost, such an acquisition would be 
included as noncompliant, when calculating achievement of the 95 
percent goal.

III. Executive Orders 12866 and 13563

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

IV. Regulatory Flexibility Act

    DoD, GSA, and NASA have prepared a Final Regulatory Flexibility 
Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5 
U.S.C. 601, et seq. The FRFA is summarized as follows:

    Executive Order 13423 (signed January 24, 2007, and published in 
the Federal Register at 72 FR 3919 on January 26, 2007) requires 
Federal agencies to satisfy at least 95 percent of their 
requirements for electronic products with EPEAT[supreg]-registered 
electronic products unless there is not an EPEAT[supreg] standard 
for such product. As of today, products must conform to the IEEE 
1680\TM\ family of standards in order to be listed on the 
EPEAT[supreg] product registry. The EPEAT[supreg] requirement, 
including a specific requirement for the purchase of EPEAT[supreg]-
registered personal computer products, was added to the FAR by FAR 
Case 2006-030. Since that final rule was issued on January 15, 2009, 
the IEEE has published an updated standard for personal computer 
products and two additional standards, for imaging equipment and 
televisions, and these standards have been added to the 
EPEAT[supreg] system. The objective of this final rule is to 
implement the changes to the EPEAT[supreg] registry.
    No comments were raised by the public in response to the initial 
regulatory flexibility analysis.
    Searching within the EPEAT[supreg] registry on October 1, 2014, 
the following numbers of products were listed as registered in the 
United States:

[[Page 53438]]



----------------------------------------------------------------------------------------------------------------
                Product category                      Bronze          Silver           Gold            Total
----------------------------------------------------------------------------------------------------------------
Personal computer products......................              12             321           1,182           1,515
Imaging equipment...............................             263             450              81             794
Televisions.....................................               1             205              37             243
----------------------------------------------------------------------------------------------------------------

    These numbers refer to products, not individual companies. 
However, most (90-100 percent) of the companies with products listed 
on the EPEAT[supreg] registry are large businesses. These companies 
pay an annual fee, based on a sliding scale determined by the firm's 
revenue for that product the previous year, in order to be able to 
list the products on the EPEAT[supreg] registry.
    However, purchasers often procure EPEAT[supreg]-registered 
products through resellers or distributors rather than directly from 
the manufacturers. These resellers are often small businesses. EPA's 
Office of Small Business Programs stated that the majority of the 
resellers and distributors for EPEAT[supreg]-registered products are 
categorized as small businesses. Further, only the actual 
manufacturer pays to list products on the EPEAT[supreg] registry. 
The resellers or distributors pay no fees but reap the benefit of 
the EPEAT[supreg] categorization. Therefore, there will be little or 
no impact on small businesses due to this rule.
    There are no reporting, recordkeeping, or other compliance 
requirements associated with this rule. The only requirement is that 
businesses submitting proposals to the Government be aware of the 
EPEAT[supreg] registry and Web site and refer to it during the 
preparation of proposals. Small entities can comply with the 
requirements either as manufacturers, resellers, or distributors.

    Interested parties may obtain a copy of the FRFA from the 
Regulatory Secretariat. The Regulatory Secretariat has submitted a copy 
of the FRFA to the Chief Counsel for Advocacy of the Small Business 
Administration.

V. Paperwork Reduction Act

    The 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 7, 23, and 52

    Government procurement.

    Dated: August 26, 2015.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

Interim Rule Adopted as Final With Changes

    Accordingly, the interim rule amending 48 CFR parts 7, 23, and 52, 
which was published in the Federal Register at 79 FR 35859 on June 24, 
2014, is adopted as a final rule with the following changes:

0
1. The authority citation for 48 CFR parts 7, 23, and 52 continues to 
read as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

PART 7--ACQUISITION PLANS


7.103  [Amended]

0
2. Amend section 7.103 by removing from paragraph (p)(2) ``non-ozone 
depleting'' and adding ``non-ozone-depleting'' in its place.

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


23.000  [Amended]

0
3. Amend section 23.000 by removing from paragraph (d) ``non-ozone 
depleting'' and adding ``non-ozone-depleting'' in its place.


0
4. Amend section 23.704 by revising paragraph (a) and removing from 
paragraph (b)(1)(iii) ``Meets EPA'' and adding ``Meet EPA'' in its 
place, the revised text reads as follows:


23.704  Electronic products environmental assessment tool.

    (a) General. (1) As required by E.O.s 13423 and 13514, agencies, 
when acquiring an electronic product to meet their requirements, shall 
meet at least 95 percent of those requirements with Electronic Product 
Environmental Assessment Tool (EPEAT[supreg])-registered electronic 
products, unless--
    (i) There is no EPEAT[supreg] standard for such product;
    (ii) No EPEAT[supreg]-registered product meets agency requirements; 
or
    (iii) The agency head has provided an exemption in accordance with 
23.105.
    (2) Contracting officers, when acquiring an electronic product, 
except as specified in paragraphs (a)(1)(i), (ii), or (iii) of this 
section, shall acquire an EPEAT[supreg]-registered electronic product, 
unless the agency determines, in accordance with agency procedures, 
that the EPEAT[supreg]-registered product will not be cost effective 
over the life of the product.
    (3) This section applies to acquisitions of electronic products to 
be used in the United States, unless otherwise provided by agency 
procedures. When acquiring electronic products to be used outside the 
United States, agencies must use their best efforts to comply with this 
section.
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
5. Amend section 52.212-5 by revising the date of the clause, 
paragraphs (b)(36)(ii) and (b)(39)(i), to read as follows:


52.212-5  Contract Terms and Conditions Required To Implement Statutes 
or Executive Orders--Commercial Items.

* * * * *

Contract Terms and Conditions Required To Implement Statutes or 
Executive Orders--Commercial Items (Oct 2015)

* * * * *
    (b) * * *
    _(36)(i) * * *
    (ii) Alternate I (OCT 2015) of 52.223-13.
* * * * *
    _(39)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered 
Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
* * * * *


0
6. Amend section 52.223-13 by revising the date of the Alternate I; and 
removing from paragraph (b) of Alternate I ``EPEAT'' and adding 
``EPEAT[supreg]'' in its place. The revised text reads as follows:


52.223-13  Acquisition of EPEAT[supreg]-Registered Imaging Equipment.

* * * * *
    Alternate I (OCT 2015) * * *
* * * * *

0
7. Amend section 52.223-16 by revising the date of the clause; and 
removing from paragraph (c) ``EPEAT'' and adding ``EPEAT[supreg]'' in 
its place. The revised text reads as follows:


52.223-16  Acquisition of EPEAT[supreg]-Registered Personal Computer 
Products.

* * * * *

Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 
2015)

* * * * *
[FR Doc. 2015-21746 Filed 9-2-15; 8:45 am]
BILLING CODE 6820-EP-P



                                             53436                 Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Rules and Regulations

                                             DEPARTMENT OF DEFENSE                                                       and National Aeronautics and Space                                     DATES: For effective dates see the
                                                                                                                         Administration (NASA).                                                 separate documents, which follow.
                                             GENERAL SERVICES
                                             ADMINISTRATION                                                              ACTION:      Summary presentation of final                             FOR FURTHER INFORMATION CONTACT:    The
                                                                                                                         rules.                                                                 analyst whose name appears in the table
                                             NATIONAL AERONAUTICS AND                                                                                                                           below in relation to the FAR case.
                                             SPACE ADMINISTRATION                                                        SUMMARY:   This document summarizes                                    Please cite FAC 2005–84 and the
                                                                                                                         the Federal Acquisition Regulation                                     specific FAR case number. For
                                             48 CFR Chapter 1                                                            (FAR) rules agreed to by the Civilian                                  information pertaining to status or
                                                                                                                         Agency Acquisition Council and the                                     publication schedules, contact the
                                             [Docket No. FAR 2015–0051, Sequence No.                                     Defense Acquisition Regulations                                        Regulatory Secretariat at 202–501–4755.
                                             4]                                                                          Council (Councils) in this Federal
                                                                                                                         Acquisition Circular (FAC) 2005–84. A
                                             Federal Acquisition Regulation;
                                             Federal Acquisition Circular 2005–84;                                       companion document, the Small Entity
                                             Introduction                                                                Compliance Guide (SECG), follows this
                                                                                                                         FAC. The FAC, including the SECG, is
                                             AGENCY: Department of Defense (DoD),                                        available via the Internet at http://
                                             General Services Administration (GSA),                                      www.regulations.gov.

                                                                                                                               RULES LISTED IN FAC 2005–84
                                                                      Item                                                                                 Subject                                                       FAR Case    Analyst

                                             I .........................................................   EPEAT Items ...............................................................................................   2013–016   Gray.
                                             II ........................................................   Technical Amendments.



                                             SUPPLEMENTARY INFORMATION:                                                  Administrator of General Services, and                                 DEPARTMENT OF DEFENSE
                                             Summaries for each FAR rule follow.                                         the Administrator for the National
                                             For the actual revisions and/or                                             Aeronautics and Space Administration.                                  GENERAL SERVICES
                                             amendments made by these rules, refer                                                                                                              ADMINISTRATION
                                                                                                                           Unless otherwise specified, all
                                             to the specific item numbers and                                            Federal Acquisition Regulation (FAR)
                                             subjects set forth in the documents                                                                                                                NATIONAL AERONAUTICS AND
                                                                                                                         and other directive material contained                                 SPACE ADMINISTRATION
                                             following these item summaries. FAC
                                                                                                                         in FAC 2005–84 is effective
                                             2005–84 amends the FAR as follows:
                                                                                                                         September 3, 2015 except for item I                                    48 CFR Parts 7, 23, and 52
                                             Item I— EPEAT Items (FAR Case 2013–                                         which is effective October 5, 2015.
                                             016)
                                                                                                                         Dated: August 26, 2015.                                                [FAC 2005–84; FAR Case 2013–016; Item
                                                This rule finalizes an interim rule that                                 Claire M. Grady,                                                       I; Docket 2013–0016, Sequence 1]
                                             implemented changes in the Electronic                                       Director, Defense Procurement and
                                             Product Environmental Assessment                                            Acquisition Policy.                                                    RIN 9000–AM71
                                             Tool (EPEAT®)-registry requirements at                                      Dated: August 26, 2015.
                                             FAR subpart 23.7. The FAR requirement                                                                                                              Federal Acquisition Regulation; EPEAT
                                                                                                                         William Clark,
                                             to procure EPEAT®-registered products                                                                                                              Items
                                                                                                                         Acting Senior Procurement Executive/Deputy
                                             was revised to incorporate the revised                                      CAO, Office of Acquisition Policy, U.S.
                                             standard applicable to personal                                                                                                                    AGENCY:  Department of Defense (DoD),
                                                                                                                         General Services Administration.                                       General Services Administration (GSA),
                                             computer products and to add the
                                             standards for imaging equipment and                                         Dated: August 19, 2015.                                                and National Aeronautics and Space
                                             televisions. The final rule also amends                                     William P. McNally,                                                    Administration (NASA).
                                             the procedures relating to the                                              Assistant Administrator, Office of                                     ACTION: Final rule.
                                             exceptions to the requirement to                                            Procurement, National Aeronautics and
                                             procure EPEAT®-registered products.                                         Space Administration.                                                  SUMMARY:   DoD, GSA, and NASA are
                                             There is no significant economic impact                                     [FR Doc. 2015–21740 Filed 9–2–15; 8:45 am]                             adopting as final, with changes, an
                                             on small businesses.                                                        BILLING CODE 6820–EP–P                                                 interim rule amending the Federal
                                                                                                                                                                                                Acquisition Regulation (FAR) to
                                             Item II—Technical Amendments                                                                                                                       implement changes in the Electronic
                                               Editorial changes are made at FAR                                                                                                                Product Environmental Assessment
                                             4.605(e), 31.205–6(o)(2)(iii)(A), 35.017–7                                                                                                         Tool (EPEAT®) registry.
                                             Introductory text, 52.213–4(b)(1)(ix) and                                                                                                          DATES: Effective: October 5, 2015.
                                             52.219–1 Alternate I (c)(9).
                                                                                                                                                                                                FOR FURTHER INFORMATION CONTACT: Mr.
                                               Dated: August 26, 2015.                                                                                                                          Charles Gray, Procurement Analyst, at
                                             William Clark,                                                                                                                                     202–208–6726, for clarification of
tkelley on DSK3SPTVN1PROD with RULES3




                                             Director, Office of Government-wide                                                                                                                content. For information pertaining to
                                             Acquisition Policy, Office of Acquisition                                                                                                          status or publication schedules, contact
                                             Policy, Office of Government-wide Policy.                                                                                                          the Regulatory Secretariat at 202–501–
                                               Federal Acquisition Circular (FAC)                                                                                                               4755. Please cite FAC 2005–84, FAR
                                             2005–84 is issued under the authority of                                                                                                           Case 2013–016.
                                             the Secretary of Defense, the                                                                                                                      SUPPLEMENTARY INFORMATION:



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                                                              Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Rules and Regulations                                          53437

                                             I. Background                                           Subsequently, E.O. 13514, Federal                     EPEAT®-registered product because the
                                                DoD, GSA and NASA published an                       Leadership in Environmental, Energy,                  product will not be cost effective over
                                             interim rule in the Federal Register at                 and Economic Performance, directed                    the life of the product (FAR
                                             79 FR 35859 on June 24, 2014, to                        agencies to purchase EPEAT®-registered                23.704(a)(2)). Because the E.O.s do not
                                             expand the Federal requirement to                       products as part of a broader goal to                 provide an exception based on cost,
                                             procure EPEAT®-registered products                      advance sustainable acquisition.                      such an acquisition would be included
                                             beyond personal computer products to                    Although E.O.s 13423 and 13514 have                   as noncompliant, when calculating
                                             cover imaging equipment (i.e., copiers,                 now been superseded by E.O. 13693,                    achievement of the 95 percent goal.
                                             digital duplicators, facsimile machines,                Planning for Federal Sustainability in
                                                                                                     the Next Decade, this final rule does not             III. Executive Orders 12866 and 13563
                                             mailing machines, multifunction
                                             devices, printers, and scanners) and                    change the requirement to purchase                       Executive Orders (E.O.s) 12866 and
                                             televisions and modify the existing FAR                 EPEAT®-registered products. The FAR                   13563 direct agencies to assess all costs
                                             requirements to recognize the revised                   will be revised to be consistent with the             and benefits of available regulatory
                                             standard applicable to computer                         new E.O. 13693, which does not                        alternatives and, if regulation is
                                                                                                     endorse any private labels. It does,                  necessary, to select regulatory
                                             products. One respondent submitted
                                                                                                     however, clearly require in section 3(l)              approaches that maximize net benefits
                                             public comments on the interim rule.
                                                                                                     that Federal agencies ensure a                        (including potential economic,
                                             Comments were also received
                                                                                                     procurement preference for                            environmental, public health and safety
                                             informally from within the Government.
                                                                                                     environmentally sustainable electronic                effects, distributive impacts, and
                                             II. Discussion and Analysis                             products. EPEAT® continues to be an                   equity). E.O. 13563 emphasizes the
                                                The Civilian Agency Acquisition                      important tool for agencies to utilize to             importance of quantifying both costs
                                             Council and the Defense Acquisition                     comply with the electronic stewardship                and benefits, of reducing costs, of
                                             Regulations Council (the Councils)                      goals that are required by E.O. 13693.
                                                                                                                                                           harmonizing rules, and of promoting
                                             reviewed the comments in the                            2. Interim Rule                                       flexibility. This is not a significant
                                             development of the final rule. A                                                                              regulatory action and, therefore, was not
                                                                                                        Comment: The respondent stated that
                                             discussion of the comments is provided                  the decision to publish this rule as an               subject to review under section 6(b) of
                                             as follows:                                             interim rule misapplied the ‘‘urgent and              E.O. 12866, Regulatory Planning and
                                             A. Summary of Significant Changes in                    compelling’’ exception to the standard                Review, dated September 30, 1993. This
                                             Response to Public Comments                             notice and comment process.                           rule is not a major rule under 5 U.S.C.
                                                                                                        Response: This action was                          804.
                                                There is no significant change in the
                                                                                                     appropriate because imaging equipment                 IV. Regulatory Flexibility Act
                                             final rule in response to the public
                                                                                                     and television items have already been
                                             comments received.
                                                                                                     added to the EPEAT® registry.                           DoD, GSA, and NASA have prepared
                                             B. Analysis of Public Comments                          Therefore, under the requirements of                  a Final Regulatory Flexibility Analysis
                                                                                                     E.O.s 13423 and 13514, agencies are                   (FRFA) consistent with the Regulatory
                                             1. EPEAT® Issues
                                                                                                     already required to fulfill at least 95               Flexibility Act, 5 U.S.C. 601, et seq. The
                                                Comment: The respondent expressed                    percent of their annual acquisition                   FRFA is summarized as follows:
                                             concern about the use of EPEAT®                         requirement for electronic products                      Executive Order 13423 (signed January 24,
                                             standards because it is a registered                    with EPEAT®-registered electronic                     2007, and published in the Federal Register
                                             trademark and manufacturers must                        products.                                             at 72 FR 3919 on January 26, 2007) requires
                                             purchase an annual license. The                                                                               Federal agencies to satisfy at least 95 percent
                                             respondent also expressed concern over                  C. Other Changes
                                                                                                                                                           of their requirements for electronic products
                                             the use of a private entity as a source of                 Based on informal comments from                    with EPEAT®-registered electronic products
                                             standards for Government purchasing.                    within the Government, the final rule                 unless there is not an EPEAT® standard for
                                             The respondent recommended that the                     amends FAR 23.704(a) to reflect more                  such product. As of today, products must
                                             Government rely on the underlying                       clearly the language in E.O. 13423 as it              conform to the IEEE 1680TM family of
                                             ANSI-accredited technical standards                     pertains to the requirement for agencies,             standards in order to be listed on the
                                             used by EPEAT®, such as the IEEE                        when acquiring electronic product, to                 EPEAT® product registry. The EPEAT®
                                             1680TM family of standards, and accept                  meet at least 95 percent of those                     requirement, including a specific
                                                                                                                                                           requirement for the purchase of EPEAT®-
                                             third party certification of conformance                requirements with an EPEAT®-
                                                                                                                                                           registered personal computer products, was
                                             to the IEEE 1680TM family of standards.                 registered electronic product. The                    added to the FAR by FAR Case 2006–030.
                                             The respondent recommended issuing                      exceptions to this requirement are also               Since that final rule was issued on January
                                             further guidance clarifying the reliance                amended to align with both E.O.s.                     15, 2009, the IEEE has published an updated
                                             on the IEEE 1680TM family of standards                  Products that fall within the exceptions              standard for personal computer products and
                                             when new product categories are added.                  in FAR paragraphs 23.704(a)(1)(i)                     two additional standards, for imaging
                                                Response: The requirement to                         through (iii) are not included when                   equipment and televisions, and these
                                             purchase ‘‘EPEAT®-registered’’                          calculating the achievement of the 95                 standards have been added to the EPEAT®
                                             electronic products was established                     percent goal. A determination by the                  system. The objective of this final rule is to
                                             under the interim rule for FAR Case                     agency head is not required if no                     implement the changes to the EPEAT®
                                                                                                                                                           registry.
                                             2006–030 which was published in the                     EPEAT®-registered product meets
                                                                                                                                                              No comments were raised by the public in
                                             Federal Register at 72 FR 73215 on                      agency requirements, but the agency                   response to the initial regulatory flexibility
                                             December 26, 2007. The FAR case                         head may provide an exemption in
tkelley on DSK3SPTVN1PROD with RULES3




                                                                                                                                                           analysis.
                                             implemented section 2(h) of Executive                   accordance with FAR 23.105.                              Searching within the EPEAT® registry on
                                             Order (E.O.) 13423, Strengthening                          However, a determination is required,              October 1, 2014, the following numbers of
                                             Federal Environmental, Energy, and                      in accordance with agency procedures,                 products were listed as registered in the
                                             Transportation Management.                              if the agency decides not to acquire an               United States:




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                                             53438                Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Rules and Regulations

                                                                                         Product category                                                            Bronze               Silver                Gold             Total

                                             Personal computer products ............................................................................                           12                  321              1,182            1,515
                                             Imaging equipment ..........................................................................................                     263                  450                 81              794
                                             Televisions .......................................................................................................                1                  205                 37              243



                                                These numbers refer to products, not                                   ■ 1. The authority citation for 48 CFR                         procedures. When acquiring electronic
                                             individual companies. However, most (90–                                  parts 7, 23, and 52 continues to read as                       products to be used outside the United
                                             100 percent) of the companies with products                               follows:                                                       States, agencies must use their best
                                             listed on the EPEAT® registry are large
                                             businesses. These companies pay an annual                                   Authority: 40 U.S.C. 121(c); 10 U.S.C.                       efforts to comply with this section.
                                             fee, based on a sliding scale determined by                               chapter 137; and 51 U.S.C. 20113.                              *     *     *    *    *
                                             the firm’s revenue for that product the
                                             previous year, in order to be able to list the                            PART 7—ACQUISITION PLANS                                       PART 52—SOLICITATION PROVISIONS
                                             products on the EPEAT® registry.                                                                                                         AND CONTRACT CLAUSES
                                                However, purchasers often procure                                      7.103       [Amended]
                                             EPEAT®-registered products through                                        ■ 2. Amend section 7.103 by removing
                                             resellers or distributors rather than directly                                                                                           ■ 5. Amend section 52.212–5 by
                                                                                                                       from paragraph (p)(2) ‘‘non-ozone
                                             from the manufacturers. These resellers are
                                                                                                                       depleting’’ and adding ‘‘non-ozone-                            revising the date of the clause,
                                             often small businesses. EPA’s Office of Small                                                                                            paragraphs (b)(36)(ii) and (b)(39)(i), to
                                             Business Programs stated that the majority of                             depleting’’ in its place.
                                                                                                                                                                                      read as follows:
                                             the resellers and distributors for EPEAT®-
                                             registered products are categorized as small                              PART 23—ENVIRONMENT, ENERGY
                                                                                                                                                                                      52.212–5 Contract Terms and Conditions
                                             businesses. Further, only the actual                                      AND WATER EFFICIENCY,
                                                                                                                                                                                      Required To Implement Statutes or
                                             manufacturer pays to list products on the                                 RENEWABLE ENERGY                                               Executive Orders—Commercial Items.
                                             EPEAT® registry. The resellers or distributors                            TECHNOLOGIES, OCCUPATIONAL
                                             pay no fees but reap the benefit of the                                   SAFETY, AND DRUG–FREE                                          *        *         *      *      *
                                             EPEAT® categorization. Therefore, there will                              WORKPLACE
                                             be little or no impact on small businesses due                                                                                           Contract Terms and Conditions Required To
                                             to this rule.                                                                                                                            Implement Statutes or Executive Orders—
                                                                                                                       23.000        [Amended]
                                                There are no reporting, recordkeeping, or                                                                                             Commercial Items (Oct 2015)
                                             other compliance requirements associated                                  ■ 3. Amend section 23.000 by removing                          *        *         *      *      *
                                             with this rule. The only requirement is that                              from paragraph (d) ‘‘non-ozone                                     (b) * * *
                                             businesses submitting proposals to the                                    depleting’’ and adding ‘‘non-ozone-                                l(36)(i) * * *
                                             Government be aware of the EPEAT® registry                                depleting’’ in its place.                                          (ii) Alternate I (OCT 2015) of 52.223–13.
                                             and Web site and refer to it during the
                                                                                                                       ■ 4. Amend section 23.704 by revising                          *        *         *      *      *
                                             preparation of proposals. Small entities can
                                             comply with the requirements either as                                    paragraph (a) and removing from                                  l(39)(i) 52.223–16, Acquisition of
                                             manufacturers, resellers, or distributors.                                paragraph (b)(1)(iii) ‘‘Meets EPA’’ and                        EPEAT®-Registered Personal Computer
                                                                                                                       adding ‘‘Meet EPA’’ in its place, the                          Products (OCT 2015) (E.O.s 13423 and
                                               Interested parties may obtain a copy
                                                                                                                       revised text reads as follows:                                 13514).
                                             of the FRFA from the Regulatory
                                             Secretariat. The Regulatory Secretariat                                   23.704 Electronic products environmental                       *        *         *      *      *
                                             has submitted a copy of the FRFA to the                                   assessment tool.
                                             Chief Counsel for Advocacy of the Small                                     (a) General. (1) As required by E.O.s                        ■  6. Amend section 52.223–13 by
                                             Business Administration.                                                  13423 and 13514, agencies, when                                revising the date of the Alternate I; and
                                                                                                                       acquiring an electronic product to meet                        removing from paragraph (b) of
                                             V. Paperwork Reduction Act                                                                                                               Alternate I ‘‘EPEAT’’ and adding
                                                                                                                       their requirements, shall meet at least 95
                                               The rule does not contain any                                           percent of those requirements with                             ‘‘EPEAT®’’ in its place. The revised text
                                             information collection requirements that                                  Electronic Product Environmental                               reads as follows:
                                             require the approval of the Office of                                     Assessment Tool (EPEAT®)-registered
                                             Management and Budget under the                                                                                                          52.223–13 Acquisition of EPEAT®-
                                                                                                                       electronic products, unless—                                   Registered Imaging Equipment.
                                             Paperwork Reduction Act (44 U.S.C.                                          (i) There is no EPEAT® standard for
                                             chapter 35).                                                              such product;                                                  *    *     *    *    *
                                             List of Subjects in 48 CFR Parts 7, 23,                                     (ii) No EPEAT®-registered product                              Alternate I (OCT 2015) * * *
                                             and 52                                                                    meets agency requirements; or
                                                                                                                                                                                      *    *     *    *    *
                                                                                                                         (iii) The agency head has provided an
                                               Government procurement.                                                 exemption in accordance with 23.105.                           ■ 7. Amend section 52.223–16 by
                                               Dated: August 26, 2015.                                                   (2) Contracting officers, when                               revising the date of the clause; and
                                             William F. Clark,                                                         acquiring an electronic product, except                        removing from paragraph (c) ‘‘EPEAT’’
                                             Director, Office of Government-wide                                       as specified in paragraphs (a)(1)(i), (ii),                    and adding ‘‘EPEAT®’’ in its place. The
                                             Acquisition Policy, Office of Acquisition                                 or (iii) of this section, shall acquire an                     revised text reads as follows:
                                             Policy, Office of Government-wide Policy.                                 EPEAT®-registered electronic product,
                                                                                                                       unless the agency determines, in                               52.223–16 Acquisition of EPEAT®-
                                             Interim Rule Adopted as Final With                                        accordance with agency procedures,                             Registered Personal Computer Products.
                                             Changes                                                                   that the EPEAT®-registered product will
tkelley on DSK3SPTVN1PROD with RULES3




                                                                                                                                                                                      *        *         *      *      *
                                               Accordingly, the interim rule                                           not be cost effective over the life of the
                                             amending 48 CFR parts 7, 23, and 52,                                      product.                                                       Acquisition of         EPEAT®-Registered   Personal
                                             which was published in the Federal                                          (3) This section applies to                                  Computer Products (OCT 2015)
                                             Register at 79 FR 35859 on June 24,                                       acquisitions of electronic products to be                      *        *         *      *      *
                                             2014, is adopted as a final rule with the                                 used in the United States, unless                              [FR Doc. 2015–21746 Filed 9–2–15; 8:45 am]
                                             following changes:                                                        otherwise provided by agency                                   BILLING CODE 6820–EP–P




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Document Created: 2015-12-15 09:56:29
Document Modified: 2015-12-15 09:56:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective: October 5, 2015.
ContactMr. Charles Gray, Procurement Analyst, at 202-208-6726, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202-501-4755. Please cite FAC 2005-84, FAR Case 2013- 016.
FR Citation80 FR 53436 
RIN Number9000-AM71
CFR Citation48 CFR 23
48 CFR 52
48 CFR 7

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