80 FR 8278 - General Services Administration Acquisition Regulation (GSAR); Environmental, Conservation, Occupational Safety and Drug-Free Workplace
GENERAL SERVICES ADMINISTRATION Federal Register Volume 80, Issue 31 (February 17, 2015)
Federal Register Volume 80, Issue 31 (February 17, 2015)
| Page Range | 8278-8280 | |
| FR Document | 2015-03164 |
[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)] [Proposed Rules] [Pages 8278-8280] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03164] ----------------------------------------------------------------------- GENERAL SERVICES ADMINISTRATION 48 CFR Parts 523 and 552 [GSAR Case 2006-G506; Docket No. 2009-0005; Sequence No. 2] RIN 3090-AI82 General Services Administration Acquisition Regulation (GSAR); Environmental, Conservation, Occupational Safety and Drug-Free Workplace AGENCY: Office of Acquisition Policy, General Services Administration. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Administration Acquisition Regulation (GSAR) to update the text and clauses regarding Hazardous Materials Identification and Material Safety Data. The second proposed rule incorporates many of the changes of the proposed rule and makes additional modifications to the text. DATES: Interested parties should submit written comments to the Regulatory Secretariat at one of the addressees shown below on or before April 20, 2015 to be considered in the formation of the final rule. ADDRESSES: Submit comments in response to GSAR Case 2006-G506 by any of the following methods:Regulations.gov: http://www.regulations.gov. Submit comments by searching for ``GSAR Case 2006-G506.'' Select the link ``Comment Now'' that corresponds with ``GSAR Case 2006-G506.'' Follow the instructions provided at the ``Comment Now'' screen. Please include your name, company name (if any), and ``GSAR Case 2006-G506'' on your attached document. Fax: 202-501-4067. Mail: General Services Administration, Regulatory Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, Washington, DC 20405. Instructions: Please submit comments only and cite GSAR Case 2006- G506, in all correspondence related to this case. All comments received will be posted without change to http://www.regulations.gov, including any [[Page 8279]] personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: Mr. Kevin Funk, Program Analyst, at 215-446-4860 or [email protected], 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 is proposing to amend the GSAR to update the text and clauses regarding Subpart 523.3-Hazardous Materials Identification and Material Safety Data. GSA published a proposed rule in the Federal Register at 74 FR 11889 on March 20, 2009 to update the text and clauses regarding Hazardous Materials Identification and Material Safety Data. No comments were received in response to the proposed rule. This case is issued as a second proposed rule due to the length of time since the original proposed rule was published in 2009 and updates to the regulations referenced in the General Services Administration Manual (GSAM) Subpart 523.3. This proposed rule changes the title of GSAR part 523 to ``Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace'', to correspond to the title in Federal Acquisition Regulation (FAR) part 23. The title for GSAR Subpart 523.3 is changed to ``Hazardous Material Identification and Material Safety Data'' to be consistent with the corresponding FAR subpart. In addition, this rule adds a new hazardous materials 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 matrix. In addition, the GSAR clause 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. II. 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. III. Regulatory Flexibility Act GSA does 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 there are no substantive changes. Therefore, an Initial Regulatory Flexibility Analysis (IRFA) has not been performed. GSA invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities. GSA will also consider comments from small entities concerning the existing regulations in subparts affected by the rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (GSAR Case 2006-G506), in correspondence. IV. Paperwork Reduction Act The proposed 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: February 11, 2015. Jeffrey A. Koses, Senior Procurement Executive, Office of Acquisition Policy, Office of Government-Wide Policy, General Services Administration. Therefore, GSA proposes to amend 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. The authority citation for 48 CFR part 523 is revised to read as follows: Authority: 40 U.S.C. 121(c). 0 2. Revise the heading of part 523 to read as set forth above. 0 3. Amend section 523.303 by revising the section heading and adding 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 subject to the Occupational Safety and Health Act and the Hazardous Materials Transportation Act. PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 4. The authority citation for 48 CFR part 552 continues to read as follows: Authority: 40 U.S.C. 121(c). 0 5. Amend section 552.212-72 by revising the introductory text, 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. As prescribed in 512.301(a)(2), insert the following clause: Contract Terms and Conditions Required To Implement Statutes or Executive Orders Applicable to GSA Acquisition of Commercial Items (Date) * * * * * (b) Clauses. (1) _552.223-70 Hazardous Substances. (2) _552.223-71 Nonconforming Hazardous Material. (3) _552.223-73 Preservation, Packaging, Packing, Marking and Labeling of Hazardous Materials (HAZMAT) for Shipments. (4) _552.238-70 Identification of Electronic Office Equipment Providing Accessibility for the Handicapped. (5) _552.238-72 Identification of Products that have Environmental Attributes. * * * * * 0 6. 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 (Date) (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. [[Page 8280]] (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. 2015-03164 Filed 2-13-15; 8:45 am] BILLING CODE 6820-61-P
![8278 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Proposed Rules
rule this spring. If EPA has not yet taken any new requirements, but rather Dated: February 9, 2015.
final action to reclassify the DFW area applies the requirements contained in Ron Curry,
for the 1997 ozone standard before a the Clean Air Act. For these reasons, Regional Administrator, Region 6.
final rulemaking revoking the 1997 this proposed action: [FR Doc. 2015–03152 Filed 2–13–15; 8:45 am]
ozone NAAQS for all purposes is • Is not a ‘‘significant regulatory BILLING CODE 6560–50–P
effective, and that rulemaking is action’’ subject to review by the Office
finalized as proposed with respect to of Management and Budget under
EPA’s obligation concerning Executive Order 12866 (58 FR 51735, GENERAL SERVICES
reclassification of areas for the revoked October 4, 1993); ADMINISTRATION
standard, then EPA will not finalize this • Does not impose an information
proposed reclassification for DFW. collection burden under the provisions 48 CFR Parts 523 and 552
However, the DFW area will still be of the Paperwork Reduction Act (44 [GSAR Case 2006–G506; Docket No. 2009–
subject to appropriate ‘‘anti-
U.S.C. 3501 et seq.); 0005; Sequence No. 2]
backsliding’’ requirements for the 1997
ozone NAAQS as established in any • Is certified as not having a RIN 3090–AI82
final rule EPA may promulgate in significant economic impact on a
connection with any revocation of the substantial number of small entities General Services Administration
1997 standard. Anti-backsliding under the Regulatory Flexibility Act (5 Acquisition Regulation (GSAR);
provides protection against degradation U.S.C. 601 et seq.); Environmental, Conservation,
of air quality (e.g., the DFW area does • Does not contain any unfunded Occupational Safety and Drug-Free
not ‘‘backslide’’) and ensures the area mandate or significantly or uniquely Workplace
continues to make progress toward affect small governments, as described AGENCY: Office of Acquisition Policy,
attainment of the new, more stringent in the Unfunded Mandates Reform Act General Services Administration.
NAAQS. Anti-backsliding also ensures of 1995 (Pub. L. 104–4);
ACTION: Proposed rule.
there is consistency with the ozone • Does not have federalism
NAAQS implementation framework implications as specified in Executive SUMMARY: The General Services
outlined in subpart 2 of Part D of the Order 13132 (64 FR 43255, August 10, Administration (GSA) is proposing to
CAA (78 FR 34178, 34211). 1999); amend the General Services
V. Proposed Action • Is not an economically significant Administration Acquisition Regulation
regulatory action based on health or (GSAR) to update the text and clauses
Pursuant to section 181(b)(2) of the regarding Hazardous Materials
safety risks subject to Executive Order
Act, the EPA is proposing to determine, Identification and Material Safety Data.
13045 (62 FR 19885, April 23, 1997);
based on certified, quality-assured
monitoring data for 2010–2012 that the • Is not a significant regulatory action The second proposed rule incorporates
subject to Executive Order 13211 (66 FR many of the changes of the proposed
DFW area did not attain the 1997 ozone
28355, May 22, 2001); rule and makes additional modifications
standard by the applicable June 15, 2013
• Is not subject to requirements of to the text.
attainment deadline. If the EPA finalizes
this determination, upon the effective section 12(d) of the National DATES: Interested parties should submit
date of the final determination the DFW Technology Transfer and Advancement written comments to the Regulatory
9-county nonattainment area will be Act of 1995 (15 U.S.C. 272 note) because Secretariat at one of the addressees
reclassified by operation of law as a application of those requirements would shown below on or before April 20,
Severe ozone nonattainment area under be inconsistent with the CAA; and 2015 to be considered in the formation
the 1997 ozone standard. Pursuant to • Does not provide EPA with the of the final rule.
section 182(i) of the Act, the EPA is also discretionary authority to address, as ADDRESSES: Submit comments in
proposing the schedule for submittal of appropriate, disproportionate human response to GSAR Case 2006–G506 by
the SIP revisions required for Severe health or environmental effects, using any of the following methods:
areas once the DFW area is reclassified. practicable and legally permissible • Regulations.gov: http://
The EPA is proposing that Texas submit methods, under Executive Order 12898 www.regulations.gov. Submit comments
to the EPA the required SIP revisions for (59 FR 7629, February 16, 1994). by searching for ‘‘GSAR Case 2006–
the Severe attainment demonstration, G506.’’ Select the link ‘‘Comment Now’’
In addition, this proposed rule does not that corresponds with ‘‘GSAR Case
RFP and for all other Severe area have tribal implications because it will
measures required under sections 172, 2006–G506.’’ Follow the instructions
not have a substantial direct effect on provided at the ‘‘Comment Now’’
182(c), 182(d) and 185 of the Act no any Indian reservation land or in any
later than one year after the effective screen. Please include your name,
other area where EPA or an Indian tribe company name (if any), and ‘‘GSAR
date of the final rulemaking for this has demonstrated that a tribe has
reclassification. Case 2006–G506’’ on your attached
jurisdiction. In those areas of Indian document.
VI. Statutory and Executive Order country, this proposed rule does not • Fax: 202–501–4067.
Reviews have tribal implications as specified by • Mail: General Services
Under section 181(b)(2) of the CAA, a Executive Order 13175 (65 FR 67249, Administration, Regulatory Secretariat
determination of nonattainment is a November 9, 2000), nor will it impose (MVCB), ATTN: Ms. Flowers, 1800 F
substantial direct costs on tribal
tkelley on DSK3SPTVN1PROD with PROPOSALS
factual determination based upon air Street NW., 2nd Floor, Washington, DC
quality considerations and the resulting governments or preempt tribal law. 20405.
reclassification must occur by operation List of Subjects in 40 CFR Part 81 Instructions: Please submit comments
of law. A determination of only and cite GSAR Case 2006–G506, in
nonattainment and the resulting Environmental protection, Air all correspondence related to this case.
reclassification of a nonattainment area pollution control, National parks, All comments received will be posted
by operation of law under section Wilderness areas. without change to http://
181(b)(2) does not in and of itself create Authority: 42 U.S.C. 7401 et seq. www.regulations.gov, including any
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![8280 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Proposed Rules
(b) Preservation, packaging, packing, DEPARTMENT OF COMMERCE Instructions: Comments sent by any
marking and labeling of hazardous materials other method, to any other address or
for export shipment outside the United States National Oceanic and Atmospheric individual, or received after the end of
in all transport modes shall comply with the Administration the comment period, may not be
following, as applicable: considered by NMFS. All comments
(1) International Maritime Dangerous 50 CFR Part 660 received are a part of the public record
Goods (IMDG) Code as established by the and will generally be posted for public
International Maritime Organization (IMO). [Docket No. 141222999–5114–01] viewing on www.regulations.gov
(2) U.S. Department of Transportation without change. All personal identifying
(DOT) Hazardous Material Regulation (HMR) RIN 0648–BE72
information (e.g., name, address, etc.),
49 CFR parts 171 through 180. (Note: confidential business information, or
Classifications permitted by the HMR, but
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; otherwise sensitive information
not permitted by the IMDG code, such as submitted voluntarily by the sender will
Consumer Commodities classed as ORM–D Trawl Rationalization Program;
Midwater Trawl Fishery Season Date be publicly accessible. NMFS will
shall be packaged in accordance with the accept anonymous comments (enter ‘‘N/
IMDG Code and dual marked with both Change
A’’ in the required fields if you wish to
Consumer Commodity and IMDG marking AGENCY: National Marine Fisheries remain anonymous). Attachments to
and labeling.) Service (NMFS), National Oceanic and electronic comments will be accepted in
(3) Occupational Safety and Health Atmospheric Administration (NOAA), Microsoft Word, Excel, or Adobe PDF
Administration (OSHA) Regulation 29 (CFR) Commerce. file formats only.
part 1910.1200.
ACTION: Proposed rule; request for FOR FURTHER INFORMATION CONTACT:
(4) International Air Transport Association
(IATA), Dangerous Goods Regulation and/or comments. Jamie Goen, 206–526–4656;
International Civil Aviation Organization SUMMARY: This action would implement jamie.goen@noaa.gov.
(ICAO), Technical Instructions. revisions to the Pacific Coast SUPPLEMENTARY INFORMATION:
(5) AFMAN 24–204, Air Force Inter- Groundfish Trawl Rationalization
Service Manual, Preparing Hazardous Background
Program affecting the limited entry
Materials For Military Air Shipments.
midwater trawl fisheries managed under In January 2011, NMFS implemented
(6) Any preservation, packaging, packing,
the Pacific Coast Groundfish Fishery a trawl rationalization program, a type
marking and labeling requirements contained
Management Plan (FMP). This action of catch share program, for the Pacific
elsewhere in this solicitation and contract.
would revise the Shorebased Individual coast groundfish fishery’s trawl fleet.
(c) Preservation, packaging, packing,
Fishing Quota (IFQ) Program regulations The program was adopted through
marking and labeling of hazardous materials
for domestic shipments within the United
to change the primary season opening Amendment 20 to the FMP and consists
States in all transport modes shall comply
date for the shorebased whiting fishery of three sectors: An IFQ program for the
with the following; as applicable:
and the shorebased non-whiting shorebased trawl fleet (including vessels
(1) U.S. Department of Transportation midwater trawl fishery to May 15 north targeting whiting and non-whiting with
(DOT) Hazardous Material Regulation (HMR) of 40°30′ N. lat. to the U.S./Canada midwater trawl gear); and cooperative
49, CFR parts 171 through 180. border. This moves the season a month (coop) programs for the at-sea
(2) Occupational Safety and Health earlier off Washington and Oregon, and mothership (MS) and catcher/processor
Administration (OSHA) Regulation 29 CFR a month and half later off northern (C/P) trawl fleets (whiting only).
part 1910.1200. California (north of 40°30′ N. lat.), Since implementation, the Pacific
(3) Any preservation, packaging, packing, increasing consistency in the season Fishery Management Council (Council)
marking and labeling requirements contained start date along the coast and between and NMFS have been working to
elsewhere in this solicitation and contract. the shorebased and at-sea midwater implement additional regulatory
(d) Hazardous Material Packages trawl fleets. changes to further improve the trawl
designated for outside the United States DATES: Comments on this proposed rule rationalization program and respond to
destinations through Forwarding Points, must be received on or before March 19, industry requests. Changing the
Distribution Centers, or Container 2015. midwater trawl fishery season date
Consolidation Points (CCPs) shall comply ADDRESSES: You may submit comments would further increase consistency in
with the IMDG, IATA, ICAO or AFMAN 24– on this document, identified by NOAA– the season start date along the coast and
204 codes, as applicable. NMFS–2015–0016, by any of the between the shorebased and at-sea
(e) The test certification data showing following methods: midwater trawl fleets. This rule would
compliance with performance-oriented • Electronic Submission: Submit all revise the Shorebased IFQ Program
packaging or UN approved packaging electronic public comments via the regulations to change the primary
requirements shall be made available to GSA Federal e-Rulemaking Portal. Go to season opening date for the midwater
contract administration/management trawl fishery (whiting and non-whiting)
www.regulations.gov/
representatives or regulatory inspectors upon to May 15 north of 40°30′ N. lat. to the
#!docketDetail;D=NOAA-NMFS-2015-
request. U.S./Canada border. This would move
0016, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter the season a month earlier off
(End of clause)
or attach your comments. Washington and Oregon and a month
[FR Doc. 2015–03164 Filed 2–13–15; 8:45 am]
• Mail: Submit written comments to and half later off northern California
tkelley on DSK3SPTVN1PROD with PROPOSALS
BILLING CODE 6820–61–P William W. Stelle, Jr., Regional (north of 40°30′ N. lat.).
Administrator, West Coast Region, The Council discussed the season
NMFS, 7600 Sand Point Way NE., date change at its March and April 2012
Seattle, WA 98115–0070; Attn: Jamie meetings, with final Council
Goen. recommendations to NMFS during the
• Fax: 206–526–6426; Attn: Jamie September 2012 Council meeting. In
Goen. addition, NMFS received further
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Document Created: 2015-12-18 13:19:30
Document Modified: 2015-12-18 13:19:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Interested parties should submit written comments to the | |
| Contact | Mr. Kevin Funk, Program Analyst, at 215-446-4860 or [email protected], 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. | |
| FR Citation | 80 FR 8278 | |
| RIN Number | 3090-AI82 | |
| CFR Citation | 48
CFR
523 48 CFR 552 |
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