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)

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.

[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]


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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.

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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