81 FR 30429 - Federal Acquisition Regulation: High Global Warming Potential Hydrofluorocarbons
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 81, Issue 94 (May 16, 2016)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 81, Issue 94 (May 16, 2016)
| Page Range | 30429-30438 | |
| FR Document | 2016-10998 |
[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)] [Rules and Regulations] [Pages 30429-30438] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-10998] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1, 2, 7, 11, 23, 25, and 52 [FAC 2005-88; FAR Case 2014-026; Item I; Docket No. 2014-0026; Sequence 1] RIN 9000-AM87 Federal Acquisition Regulation: High Global Warming Potential Hydrofluorocarbons 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 issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement Executive branch policy in the President's Climate Action Plan to procure, when feasible, alternatives to high global warming potential (GWP) hydrofluorocarbons (HFCs). This final rule will allow agencies to better meet the greenhouse gas emission reduction goals and reporting requirements of the Executive Order on Planning for Sustainability in the Next Decade. DATES: Effective: June 15, 2016. FOR FURTHER INFORMATION CONTACT: Mr. Charles Gray, Procurement Analyst, at 703-795-6328, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite FAC 2005-88, FAR Case 2014-026. SUPPLEMENTARY INFORMATION: I. Background DoD, GSA, and NASA published a proposed rule at 80 FR 26883, on May 11, 2015, to implement Executive branch policy in the President's Climate Action Plan to procure, when feasible, alternatives to high GWP HFCs. This final rule will allow agencies to better meet the greenhouse gas emission reduction goals and reporting requirements of the Executive Order 13693, Planning for Federal Sustainability in the Next Decade, of March 25, 2015. Sixteen respondents submitted comments on the proposed rule. II. Discussion and Analysis The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) reviewed the public comments in the development of the final rule. A discussion of the comments and the changes made to the rule as a result of those comments are provided as follows: A. Summary of Significant Changes From the Proposed Rule In response to public comments received, the final rule contains the following changes from the proposed rule:Clarified the definition of ``high global warming potential hydrofluorocarbons'' to make it specific to a particular end use. Included the use of reclaimed HFCs as products that minimize or eliminate the use, release, or emission of high GWP HFCs. Clarified that the clause prescription exception is for supplies that will be delivered outside the United States and its outlying areas as well as for contracts for services performed outside the United States and its outlying areas. Added in the clauses at 52.223-20 and 52.223-21 environmental, technical, and economic factors to consider when determining feasibility. B. Analysis of Public Comments 1. General a. Support the Objectives of the Rule Comments: Many of the respondents expressed specific support for the objectives of the rule. Several respondents applauded DoD, GSA, and NASA in proposing that Federal agencies procure, when feasible, alternatives to high-GWP HFC refrigerants. Other respondents stated that the proposed rule is a step in the right direction and could have considerable impact on reducing the Government's greenhouse gas emissions and helping Federal agencies and departments meet several Executive actions and orders pertaining to HFCs. Response: Noted. b. Oppose the Objectives of the Rule Comment: One respondent believed that global warming is a farce and that the Government should not be allowed to acquire anything because of global warming. Response: The FAR Council is responsible for the implementation of the Executive orders and policies of the Administration. DoD, NASA, and GSA have prepared this rule to implement and facilitate compliance with Executive Order 13693, Planning for Sustainability in the Next Decade, and the President's Climate Action Plan. 2. Definition of ``high global warming potential hydrofluorocarbons'' Various respondents commented on the definition of ``high global warming potential hydrofluorocarbons.'' One of these respondents questioned whether the identification of a lower GWP HFC alternative pursuant to the SNAP program meant that the Government would be required to use the alternative. Response: The Councils have further clarified in the final rule that the term ``high global warming potential hydrofluorocarbons'' means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives [[Page 30430]] is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at http://www.epa.gov/snap. For every end use, the SNAP program lists include several different alternatives as acceptable for the same end use or application and provides information, including the GWPs of alternatives. The decision as to which of the SNAP-listed acceptable alternatives to select in a particular end use should emphasize the alternative with the lowest GWP that meets the needs of the user. With regard to the required use of a lower GWP HFC product identified in the SNAP list of alternatives products, the Government's decision to do so must take into consideration the feasibility of moving on to an alternative. This decision will require the assessment of a number of factors, including lifecycle costs and the overall energy efficiency achieved through the substitution of a lower GWP HFC product. Comment: One respondent criticized the SNAP program, upon which the proposed definition is based. Among other concerns, the respondent believes that the SNAP program has identified some substitutes that have significant drawbacks, including poor thermal efficiency, flammability issues, processing difficulties, and limited global availability. Similarly, another respondent did not agree that the definition of high GWP HFCs should be created by simple reference to the SNAP program, because other relevant factors need to be considered (see also section 3.d.). Another respondent commented that the term ``high global warming potential hydrofluorocarbons'' was defined solely in term of relative GWP (compared to alternatives approved under the EPA's SNAP program.) The respondent is concerned that the policies based on this definition fail to take into account other major causes of climate impact. Response: In response to the concern raised by one respondent regarding significant drawbacks of some substitutes identified by SNAP, it is helpful to understand the SNAP program's framework for review and listings. EPA applies seven specific criteria for determining whether a substitute is acceptable or unacceptable. These criteria, which can be found at 40 CFR 82.180(a)(7), include atmospheric effects and related health and environmental effects, ecosystem risks, consumer risks, flammability, and cost and availability of the substitute. To enable EPA to assess these criteria, EPA requires submitters to include various information including ozone depletion potential (ODP), GWP, toxicity, flammability, and the potential for human exposure. The SNAP program does not review for a substitute's performance or efficacy. The SNAP list of alternatives evolves as new substitutes become available and substitutes that pose significantly greater risk than other available substitutes are determined to no longer be acceptable for use. These changes occur because of the changing availability of substitutes for a specific use as well as EPA's overall understanding of the environmental and human health impacts of substitutes already listed as compared with new substitutes. However, as changes are made to the SNAP lists, EPA assures users that multiple substitutes are available for any given end use and that end users continue to have options. In its recent final rule, published at 80 FR 42869, on July 20, 2015, EPA modified the listings for certain HFCs and HFC blends in various end uses in the aerosols, foam blowing, and refrigeration and air conditioning sectors where other alternatives were available or potentially available that posed lower overall risk to human health and the environment. Pursuant to the guiding principles of the SNAP program, the action did not specify that any HFCs are unacceptable across all sectors and end uses. Consistent with section 612 of the Clean Air Act (42 U.S.C. 7671k) as EPA has historically interpreted it under the SNAP program, EPA made the modifications based on evaluation of the substitutes addressed in that action using the SNAP criteria for evaluation and considering the current suite of other available and potentially available substitutes. For the refrigerant and foam blowing agent end uses, equipment design is critical. Thus, there is a range of thermal conductivity and insulation values among the acceptable alternatives, with some having lower values than the HFCs previously used (as well as ozone-depleting substances (ODS)) some having higher values, and others having comparable values. In EPA's recent rulemaking published at 80 FR 42869, on July 20, 2015, EPA noted that no information provided to EPA suggests that the alternatives that remain acceptable result in lower energy efficiency. In fact, as stated in the preamble to the rule, available information indicates that the opposite can be true, that the acceptable alternatives not subject to a status change have been used in equipment or used to produce insulating foam that provide for better energy efficiency. In response to the respondent who disagreed that the definition of high GWP HFCs should refer just to the SNAP program, the Councils note that the definition does not bind the end user to select any specific alternative or to ignore assessment of the unique needs that end user may be facing. Rather, requiring activities can use the information provided by the SNAP list of alternatives, including information on the GWP of alternatives, in addition to other factors, in the selection of products and equipment that best meet their needs. Please see related response below regarding comments on the feasibility of moving to alternatives. In response to the respondent who commented that the term ``high global warming potential hydrofluorocarbons'' was defined solely in terms of relative GWP (compared to other alternatives approved under the EPA's SNAP program) and was concerned that this failed to take into account other major causes of climate impact, the term is intended to reflect differences in GWP. This is consistent with how climate impacts are considered under the SNAP program (See section VII.A.3., GWP Considerations, in the preamble to the recent EPA SNAP final rule published at 80 FR 42870 at 42937, on July 20, 2015). Users may take into account additional factors, such as energy efficiency, in deciding which of the lower-GWP alternatives listed as acceptable under SNAP meet their needs. For clarification, please also see the response below that discusses other factors such as energy efficiency, which are related to the performance of the equipment, whereas GWP relates to the intrinsic characteristic and potential environmental impact of the chemical itself. 3. Policy. a. Lower vs. lowest/climate-friendly Comment: One respondent, primarily addressing refrigerants, recommended addition of the following definitions to the rule: ``Climate-friendly'' alternative means an alternative that is listed as acceptable under the EPA's SNAP program (40 CFR part 82, subpart G) that has a GWP of less than 150. ``Lowest GWP alternative'' means an alternative that is identified as acceptable under the EPA's SNAP program and has the lowest GWP compared to all other acceptable alternatives for the relevant end use and has a GWP under 150 for new equipment and a GWP at least 50 percent lower than the current refrigerant for retrofits. [[Page 30431]] The respondent further recommended a policy that would avoid procurement of mid-range GWP alternatives (from 300 to 1500 GWP) if truly low GWP alternatives have been proven and commercialized, because use of mid-range alternatives would set up a circumstance where a future phase-out in just a few years will be necessary to remove these mid-range GWP alternatives due to their impact on the climate. Consistent with the definition recommended by the respondent, the respondent also recommended that the Government should not purchase any new equipment or product unless it has a refrigerant with a GWP of less than 150 and for retrofits, higher GWP refrigerants can be used if they have GWPs of at least 50 percent less than the current refrigerant that will be replaced. Otherwise, the respondent recommended that the old system should be decommissioned and replaced. Response: While GWP is an important criterion, it should not be the sole criterion for consideration. The EPA SNAP program conducts comparative risk analyses for each end use and alternative, and has not set specific GWP limits for acceptable alternatives in a specific end use. For example, while an alternative refrigerant in one application might have a GWP that meets the respondent's proposed GWP limit of 150, there may be other human health or environmental considerations for the particular end use or application (e.g., toxicity limits, flammability) that may lead the user to determine that another alternative is more suitable for that particular application. For this reason and others, Federal agency requiring activities and contractors need the flexibility to be able to evaluate the entire suite of lower GWP alternatives and to balance direct climate impacts, energy efficiency, safety, performance, and other user needs before selecting the one most appropriate for their specific use. b. Timing Various respondents commented on the timing of when the FAR rule should take effect. Comment: Several respondents recommended that the enactment of this rule should be tied to the HFC conversion timelines within the EPA SNAP rule published at 80 FR 42870, on July 20, 2015, and that this rule is imposing use of lower GWP alternatives ``earlier than required.'' Unless otherwise noted, all references to a SNAP rule in this document are in reference to the final rule published at 80 FR 42870, on July 20, 2015. According to one of the respondents, the SNAP final rule specified that use of HFC-134a would be unacceptable for use in polystyrene extruded boardstock and billet as of January 1, 2021. Response: It is not the intent of this rule to require conversion to alternatives on earlier timelines than in the SNAP final rule. Rather, as stated in the background section of the proposed FAR rule, the purpose of this final rule is to facilitate the purchase of cleaner alternatives to HFCs whenever feasible and transition over time to equipment that uses safer and more sustainable alternatives. Comment: A respondent also recommended coordinating with Department of Energy rulemaking on energy efficiency and conservation standards. Companies are working to comply with these stringent new standards. Response: The Councils are aware of the Department of Energy (DOE) rulemaking titled, ``Energy Efficiency Standards for New Federal Commercial and Multi-Family High-Rise Residential Buildings' Baseline Standards Update'', published at 80 FR 68749, on November 6, 2015, and have taken the DOE rules into account in drafting this final rule. The rule requires reduction in the use, release, and emissions of high GWP HFCs only when feasible. The clauses state that a determination of feasibility would include consideration of energy efficiency. Comment: One respondent noted that there is a great range of speeds by which the sectors, and the companies within them, who use HFCs, can transition into lower GWP alternatives. Another respondent stated that a transition to low GWP blowing agents must be conducted over a timeline that allows individual manufacturers to identify suitable alternatives and conduct necessary product development and testing to fully commercialize new formulations. Another respondent recommended modifying the clause at FAR 52.223-12(c)(1) to require transitioning ``at the earliest feasible time'' from high GWP HFCs to acceptable alternatives. Response: The President's Climate Action Plan specifically directs agencies to purchase cleaner alternatives to HFCs whenever feasible and transition over time to equipment that uses safer and more sustainable alternatives. The language used in the Climate Action Plan: (1) Recognizes that there are technical hurdles that must be overcome to identify suitable alternatives, conduct necessary product development and testing, and fully commercialize new formulations; and (2) envisions a transition ``over time.'' Accordingly, this final rule allows existing Government equipment to be utilized until the end of its useful life, thus minimizing stranded capital. c. Acceptability and Feasibility Comments: More than half of the respondents commented on the need to consider factors other than low GWP value in determining the acceptability and/or feasibility of using a lower GWP alternative. According to many respondents, lower GWP alternatives must be both environmentally and economically acceptable. One respondent stated that considering only the GWP of a compound may not be appropriate, depending on the circumstances of a particular use. This respondent also stated that GWP alone is an insufficient measure of a product's impact on human health and the environment. A few respondents stated the need for a definition of ``feasible.'' They noted that without a definition, contractors will have little guidance as to when adoption of low GWP substances would be appropriate and/or required and the rule will have little impact on procurement decisions. i. Life Cycle/Energy Efficiency Many of the respondents recommended consideration of the total life-cycle of an alternative product, such as in-use emission rates and energy efficiency benefits. With regard to refrigerants, a respondent commented that the majority of the climate impact from refrigerant used results from the energy consumed by the air conditioning system (i.e., the indirect impact) and not from the GWP of the refrigerant itself (i.e., the direct climate impact). According to the respondent, refrigerant selection has a substantial impact on the energy efficiency of the air conditioning system in which the refrigerant will be used. With regard to foam insulation, a respondent commented on the importance of the use of thermal insulation for increased energy efficiency to reduce global warming. Likewise, another respondent pointed out the need to consider the life-cycle benefits of products, because if less energy efficient insulation products are used in the construction of a building the result may be increased greenhouse gas emissions over the life of the building or facility. ii. Safety--Flammability Several respondents commented on the need to consider key product attributes that affect safety, such as [[Page 30432]] flammability. Another respondent mentioned that feasible alternatives should consider standards and codes compliance (such as safety standards). iii. Technical Capability Several respondents commented on the necessity to consider technical capability of the proposed alternative to avoid inadvertently selecting a product that will prove to be less energy efficient. iv. Commercial Availability Several respondents commented on the need for alternatives to be commercially available. One respondent recommended that absence of commercially available alternatives should constitute a viable exemption from the provisions of the rule. One respondent recommended that decisions on feasibility of low GWP alternatives need to be assessed based on available technologies. v. Cost Several respondents mentioned cost as another factor for consideration. One respondent asked whether the taxpayer should be forced to pay more than the general public, by adopting lower GWP products earlier than required. vi. Definition One of the respondents recommended defining ``feasibility'' as ``a commercially available alternative with a GWP lower than that of the currently used substance in the relevant application, that (1) is identified by EPA as an acceptable alternative under 40 CFR part 82, which increases the total cost of the installation or bid by not more than 10 percent more than would be the cost if high GWP substances were used.'' Response: The concerns raised by the respondents in paragraphs 3.c.i. through vi. of this analysis of the public comments are issues considered by EPA in making listing decisions under the SNAP program. Section 612 of the Clean Air Act provides that EPA must prohibit the use of a substitute where EPA has determined that there are other available substitutes that pose less overall risk to human health and the environment for that use. EPA reviews substitutes using a comparative risk framework and GWP is only one of several criteria EPA considers in its overall evaluation. EPA also considers factors such as ozone depletion potential, exposure assessments, flammability, toxicity, and other environmental impacts. In addition, in the recent change of status rule in which EPA changed the status of a number of high GWP substitutes from acceptable to unacceptable, EPA considered the technical challenges of a transition and the supply of other alternatives in establishing the transition date. As the term is used in this rule, ``feasible'' means not only capable of being accomplished, but capable of being accomplished successfully and suitably. All of the factors mentioned by respondents are relevant in the decision as to which acceptable alternative is preferable in a given application. Alternatives that have been determined acceptable by EPA under the SNAP Program should still be evaluated in each particular application in terms of environmental, technical, and economic feasibility. The FAR Council does not have a basis (such as statute or Executive Order) upon which to establish a specific cost differential that would constitute an unreasonable cost. An assessment of whether a cost is unreasonable depends partly on the benefits to be derived from use of the alternative and other economic factors. Therefore, the final rule does not define the term ``feasibility,'' but provides direction to the Federal user and contractor in terms of factors to be considered when determining the feasibility of using an acceptable lower GWP alternative (FAR 52.223-20, Aerosols, and 52.223-21, Foams). d. Refrigerant Management Comment: Many of the respondents commented on the need for better refrigerant management, including the recovery, reclamation, and reuse of refrigerant. Leaks and accidental or intentional venting of refrigerant. As stated by one respondent, refrigeration and air conditioning systems are prone to leaks during normal operations. Even with aggressive leak detection, these appliances and systems require servicing to maintain the proper refrigerant change and performance. Another respondent emphasized that air conditioning and refrigeration systems are actually non-emissive uses of HFCs since these are closed systems. The concern with HFCs, therefore, is not the use, but the misuse. According to the respondent, the vast amount of HFC emissions result from leaks and accidental or intentional venting of refrigerant. Increase the use of reclaimed refrigerants. According to one respondent, nearly all lost refrigerant is replaced with newly produced virgin refrigerant. Another respondent recommended that the benefits of the proposed rule could be significantly enhanced by defining acceptable low GWP alternatives to include reclaimed refrigerants. Rather than wait for low GWP alternatives to be deployed in retrofitted or newly installed equipment, the Federal Government can significantly reduce greenhouse gas emissions in the near-term by including reclaimed HFC refrigerant as part of the procurement priorities. Another respondent recommended that the Government should give preference to the use of reclaimed refrigerant to service existing Federal buildings and facilities, just like the Federal Government promotes recycled paper and other consumer goods. Improved refrigerant management. As stated by a respondent, a Federal program promoting reclaimed refrigerant will encourage better refrigerant management practices in the private sector, because companies will recognize that their used refrigerant has an economic value. Another respondent noted that the policy would provide incentive for recovery of HFC refrigerant from older end-of- life equipment (currently only approximately 10 percent is recovered and reclaimed). Less production of virgin HFC refrigerants. One respondent stated that the goal should be to limit production of all virgin refrigerants, including lower GWP HFCs. As stated by another respondent, use of reclaimed refrigerant displaces additional production of new HFC refrigerant, thereby preventing greenhouse gas emissions that would otherwise occur. Response: The Councils recognize that refrigerant management is an important way to reduce climate-damaging and ozone-depleting emissions from equipment used for air-conditioning and refrigeration. While the existing EPA regulations prohibit any person from knowingly venting, releasing, or disposing into the environment any ozone-depleting or HFC refrigerant in the course of maintaining, servicing, repairing, or disposing of air-conditioning or refrigeration appliances, they do not establish requirements to repair leaks or specify other servicing requirements for equipment containing HFCs. EPA has recently proposed updating the existing refrigerant management requirements under section 608 of the Clean Air Act and extending them to cover servicing practices for HFCs (see 80 FR 69457, dated November 9, 2015). There are also environmental benefits to promoting the use of reclaimed material over virgin production. Both newly-produced and reclaimed refrigerants must meet the same purity requirements and thus reclaimed refrigerant can be used instead of newly produced refrigerants. This final rule [[Page 30433]] provides use of reclaimed HFCs as an example of sustainable acquisition under FAR 11.002(d)(1) and encourages their use at FAR clause 52.223- 12(c)(4). 4. Exceptions a. Outside the United States Various respondents commented on the exception in the proposed rule for contracts that will be performed outside the United States and its outlying areas. Comment: One respondent requested clarification of what ``performed outside the United States and its outlying areas'' means for the acquisition of supplies. Another respondent stated that the rule should apply to both domestic and foreign procurement decisions, because limiting the scope to domestic acquisitions misses an opportunity to further reduce greenhouse gas emissions. Other respondents stated that an effective means of reducing the future climate change contribution of HFCs must be global in nature. One respondent recommended that that application to contracts outside to United States and its outlying areas should be excepted only if proven to be unfeasible. Response: The clause prescription at FAR 23.804 has been clarified by specifying that the exception to use of the clause is for contracts for supplies to be delivered outside the United States and its outlying areas, or contracts for services to be performed outside the United States and its outlying areas. This rule only applies to contracts for supplies to be delivered within the United States or its outlying areas or to services to be performed within the United States or its outlying areas. b. Military and Space Activities Comment: One respondent asked whether DoD, GSA, and NASA would be prohibited from taking advantage of the SNAP exemptions provided for military and space activities. Response: Nothing in this rule precludes Federal agencies from taking advantage of the exemptions to the SNAP requirements, as currently provided in the SNAP final rule for military and space- and aeronautics-related applications. However, this rule, unlike the SNAP Program, requires transitioning in advance of the SNAP deadlines, only when feasible. Therefore, an exception for military and space activities is unnecessary. In accordance with the overall construction of the rule, exemptions for military and space activities would fall under the general exemption as infeasible. In addition, the FAR clauses state that a contractor shall transition to lower GWP alternatives ``unless otherwise specified in the contract.'' In those cases where a Federal agency has critical uses where only qualified high GWP HFCs may be used, these would be specified in a contract and unqualified lower GWP alternatives would not be allowed. c. Low Temperature Refrigeration Systems Comment: One respondent recommended an exemption for low temperature refrigeration systems operating below -50 [deg]C. The respondent stated that in both the EU and Canada, similar low GWP initiatives have allowed such an exemption. According to the respondent, due to issues of flammability, energy efficiency, and technical capability, the respondent does not know of any low GWP solutions that meet the needs of ultra-low temperature refrigeration systems. Response: There is no need for a special exemption for a low temperature refrigeration system. The concept of feasibility is addressed and an exemption arises if use of lower GWP alternatives is found to be infeasible. If low GWP alternatives do not meet the needs of ultra-low temperature refrigeration systems, then transition is not feasible and, therefore, not required by this rule. 5. Other a. Labeling Comment: One respondent recommended that contractors should also be required to label products which contain or are manufactured with HFCs. Response: The labeling requirement for products that contain or are manufactured with Ozone-Depleting Substances (ODS) at paragraph (b) of FAR clause 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons, is required by statute (42 U.S.C. 7671j) and EPA regulations (40 CFR part 82, subpart E). There is not a comparable requirement for high GWP HFCs. b. Buildings With Multiple Systems Comment: With regard to the reporting requirement in FAR 52.223- 12(d), the respondent recommended changing ``50 or more pounds'' to ``25 or more pounds'' and that a building containing multiple systems that each contain individually less than 25 pounds of HFCs or refrigerant blends containing HFCs should be assessed as the entire building's refrigerant use and not on an individual system level. Response: When drafting the proposed rule, the 50-pound threshold was chosen in order to eliminate tracking and reporting on thousands of pieces of smaller equipment, thereby minimizing administrative burden and costs to contractors, including many small businesses; and also recognizing that larger systems such as building chillers, commissary/ large commercial refrigeration systems, and industrial process refrigeration systems likely contribute the largest percentage of total HFC emissions. This 50-pound threshold is also consistent with other existing regulatory requirements for refrigerants imposed under the Clean Air Act and 40 CFR part 82. Recognizing that EPA has proposed (see 80 FR 69457, dated November 9, 2015) updating and expanding the coverage of the refrigerant management requirements established under section 608 of the Clean Air Act, if those requirements are amended, they would be applicable to the public and private sectors. c. Foreign Acquisition Comment: One respondent recommended that the rule should clarify that if certain products identified as acceptable under the EPA SNAP program are available in other markets but not available or not available at commercial levels in the U.S., then the products may be acquired under the nonavailability exception to the Buy American statute (see FAR 25.103). Response: FAR part 25, Foreign Acquisition, addresses domestic source restrictions, including the Buy American Act. However, not all acquisitions are subject to the Buy American Act (e.g., when the acquisition is covered by the World Trade Organization Government Procurement Agreement). Other domestic source restrictions may also apply, and there are sanctions against purchases from certain countries. FAR part 23 must be read in conjunction with FAR part 25. d. Ozone-Depleting Substances Comment: One respondent is concerned that the proposed clause at FAR 52.223-12, Maintenance, Service, Repair, Recycling, or Disposal of Refrigeration Equipment and Air Conditioners, does not include ODS within its scope. Response: This rule is not intended to suggest that users revert to an ODS in lieu of a high-GWP HFC. The language in the rule leaves the current ODS regulatory language, currently at FAR subpart 23.8, in place and only adds language dealing with high GWP HFCs. The definition of ``ozone-depleting substance'' as any substance designated by the EPA in 40 CFR part 82 also [[Page 30434]] remains in FAR part 2. The language also maintains the current FAR 23.803(a)(2) preference to the procurement of substances that reduce overall risks to human health and the environment by the depletion of ozone in the upper atmosphere. e. Specific Refrigerants, Foams, and Aerosols Comments: Several respondents commented on specific refrigerants, foams, or aerosols and lower GWP alternatives. One respondent sent information on a low GWP substitute for HFC-134a. One respondent included a list of some examples of available low GWP replacements for high GWP HFCs by application (i.e., refrigerants, foam, and aerosols). Another respondent was concerned that the rule does not require an alternative to the most commonly used refrigerant, HCFC-22, which is both an ODS and has a high GWP, because it is determined to be acceptable by EPA under SNAP. Response: The information on the low GWP alternatives is noted. While the revised FAR subpart 23.8 makes no explicit mention of HCFC- 22, or any other specific substance, the regulation refers to EPA's SNAP program for the list of acceptable alternatives. HCFC-22 remains acceptable as a refrigerant under SNAP. However, existing regulations effectively prohibit the use of virgin HCFC-22 to manufacture a new appliance or retrofit an existing appliance (see 40 CFR 82.15(g)(2)). This restriction does not affect the use of used, recovered, and recycled HCFC-22. Regulations also effectively prohibit the manufacture or import of appliances and appliance components that are pre-charged with HCFC-22 (see 40 CFR 82.304). Comment: One respondent recommended an additional clause to address clean agent fire suppression. Response: The suggested clause is outside the scope of this case and could not be included in the final rule without publishing for public comment. III. Applicability This rule will apply to all acquisitions inside the United States and its outlying areas of products or services containing or using high GWP HFCs, including-- Acquisitions that do not exceed the simplified acquisition threshold; and Commercial items (including commercially available off- the-shelf items) that use FAR part 12 procedures. A majority of the acquisitions involving high GWP HFCs do not exceed the simplified acquisition threshold. Applicability of the requirements below the simplified acquisition threshold is necessary to be effective and to cover a significant number of actions and dollars that fall below this threshold. However, the reporting requirement applies only for delivery of, or maintenance, service, repair and disposal of, equipment or appliances normally containing 50 pounds or more of HFCs or refrigerant blends containing HFCs. Likewise, a majority of the acquisitions involving high GWP HFCs involve the acquisition of commercial items. Applicability of the requirements to commercial items is necessary to be effective and include a significant number of actions and dollars for commercial item acquisitions. IV. 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 a significant regulatory action and, therefore, was 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. V. 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: This rule is necessary to implement Executive branch policy stated in the President's Climate Action Plan. The objective of this rule is to require Federal agencies to procure climate-friendly chemical alternatives to high global warming potential (GWP) hydrofluorocarbons (HFCs) and allow agencies to better meet the greenhouse gas emission reduction goals and reporting requirements of Executive Order 13693, Planning for Sustainability in the Next Decade. There were no issues raised by the public comments in response to the initial regulatory flexibility analysis. Based on FPDS data for Fiscal Year 2015, this rule will apply to approximately 1400 small business contractors that provide certain supplies (including equipment and appliances) that contain HFCs to the Federal Government and about 347 small business contractors that provide maintenance, service, repair, or disposal of refrigeration equipment or air conditioners. In addition, although the clauses at 52.223-20, Aerosols, and 52.223-21, Foams, do not contain any reporting requirements, these clauses also apply respectively to solicitations and contracts that involve repair or maintenance of electronic or mechanical devices and construction of buildings and facilities. DoD, GSA, and NASA estimate an average reporting burden of about 8 hours per year for each small business providing supplies that contain high GWP HFCs or maintenance, repair, or disposal of refrigeration equipment or air conditioners. DoD, GSA, and NASA did not identify any significant alternatives to the rule that would accomplish the stated objectives of the President's Climate Action Plan and the Executive Order. It is necessary for the rule to apply to small entities, because about three-quarters of the affected contractors are small businesses and excluding them would minimize the importance of this policy and may prevent the Government from meeting the objective of this policy. Every effort has been made to minimize the burdens imposed. For example, this rule only requires tracking and reporting on equipment that normally contain 50 or more pounds of HFCs. In addition, this rule does not impose a labeling requirement for products that contain or are manufactured with HFCs, unlike the labeling requirement that is required by statute for ozone-depleting substances. Interested parties may obtain a copy of the FRFA from the Regulatory Secretariat Division. The Regulatory Secretariat Division has submitted a copy of the FRFA to the Chief Counsel for Advocacy of the Small Business Administration. VI. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. Chapter 35) applies. The rule contains information collection requirements. OMB has cleared this information collection requirement under OMB Control Number 9000-0191, titled: ``High Global Warming Potential Hydrofluorocarbons.'' List of Subjects in 48 CFR Parts 1, 2, 7, 11, 23, 25, and 52 Government procurement. Dated: May 5, 2016. William Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Therefore, DoD, GSA and NASA amend 48 CFR parts 1, 2, 7, 11, 23, 25, and 52 as set forth below: 0 1. The authority citation for 48 CFR parts 1, 2, 7, 11, 23, 25, 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. [[Page 30435]] PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM 1.106 [Amended] 0 2. Amend section 1.106 by adding to the table, in numerical order, FAR segments ``52.223-11'' and ``52.223-12'' with their corresponding OMB control number ``9000-0191''. PART 2--DEFINITIONS OF WORDS AND TERMS 0 3. Amend section 2.101 in paragraph (b)(2) by adding, in alphabetical order, the definitions ``Global warming potential'', ``High global warming potential hydrofluorocarbons'', ``Hydrofluorocarbons'', ``Manufactured end product'', and ``Products'' to read as follows: 2.101 Definitions. * * * * * (b) * * * (2) * * * Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0. * * * * * High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at http://www.epa.gov/snap/). * * * * * Hydrofluorocarbons means compounds that contain only hydrogen, fluorine, and carbon. * * * * * Manufactured end product means any end product in product and service codes (PSC) 1000-9999, except-- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or service group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. * * * * * Products has the same meaning as supplies. * * * * * PART 7--ACQUISITION PLANNING 0 4. Amend section 7.103 by revising paragraph (p)(2) to read as follows: 7.103 Agency-head responsibilities. * * * * * (p) * * * (2) Comply with the policy in 11.002(d) regarding procurement of biobased products, products containing recovered materials, environmentally preferable products and services (including Electronic Product Environmental Assessment Tool (EPEAT[supreg])-registered electronic products, nontoxic or low-toxic alternatives), ENERGY STAR[supreg] and Federal Energy Management Program-designated products, renewable energy, water-efficient products, non-ozone-depleting products, and products and services that minimize or eliminate, when feasible, the use, release, or emission of high global warming potential hydrofluorocarbons, such as by using reclaimed instead of virgin hydrofluorocarbons; * * * * * PART 11--DESCRIBING AGENCY NEEDS 0 5. Amend section 11.002 by revising paragraph (d)(1)(vi) to read as follows: 11.002 Policy. * * * * * (d)(1) * * * (vi) Non-ozone-depleting substances, and products and services that minimize or eliminate, when feasible, the use, release, or emission of high global warming potential hydrofluorocarbons, such as by using reclaimed instead of virgin hydrofluorocarbons (subpart 23.8). * * * * * PART 23--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE 0 6. Amend section 23.000 by revising paragraph (d) to read as follows: 23.000 Scope. * * * * * (d) Acquiring energy-efficient and water-efficient products and services, environmentally preferable (including EPEAT[supreg]- registered, and non-toxic and less toxic) products, products containing recovered materials, biobased products, non-ozone-depleting products, and products and services that minimize or eliminate, when feasible, the use, release, or emission of high global warming potential hydrofluorocarbons, such as by using reclaimed instead of virgin hydrofluorocarbons; * * * * * 0 7. Revise the heading of subpart 23.8 to read as follows: Subpart 23.8--Ozone-Depleting Substances and Hydrofluorocarbons 0 8. Revise section 23.800 to read as follows: 23.800 Scope of subpart. This subpart sets forth policies and procedures for the acquisition of items that-- (a) Contain, use, or are manufactured with ozone-depleting substances; or (b) Contain or use high global warming potential hydrofluorocarbons. 0 9. Revise section 23.801 to read as follows: 23.801 Authorities. (a) Title VI of the Clean Air Act (42 U.S.C. 7671, et seq.). (b) Section 706 of division D, title VII of the Omnibus Appropriations Act, 2009 (Public Law 111-8). (c) Executive Order 13693 of March 25, 2015, Planning for Federal Sustainability in the Next Decade. (d) Environmental Protection Agency (EPA) regulations, Protection of Stratospheric Ozone (40 CFR part 82). 23.802 [Removed] 0 10. Remove section 23.802. 23.803 [Redesignated as 23.802 and Amended] 0 11. Redesignate section 23.803 as 23.802 and revise newly redesignated 23.802 to read as follows: 23.802 Policy. It is the policy of the Federal Government that Federal agencies-- (a) Implement cost-effective programs to minimize the procurement of materials and substances that contribute to the depletion of stratospheric ozone and/or result in the use, release or emission of high global warming potential hydrofluorocarbons; and (b) Give preference to the procurement of acceptable alternative chemicals, products, and manufacturing processes that reduce overall risks to [[Page 30436]] human health and the environment by minimizing-- (1) The depletion of ozone in the upper atmosphere; and (2) The potential use, release, or emission of high global warming potential hydrofluorocarbons. 0 12. Add new section 23.803 to read as follows: 23.803 Procedures. In preparing specifications and purchase descriptions, and in the acquisition of products and services, agencies shall-- (a) Comply with the requirements of title VI of the Clean Air Act, section 706 of division D, title VII of Public Law 111-8, Executive Order 13693, and 40 CFR 82.84(a)(2), (3), (4), and (5); (b) Substitute acceptable alternatives to ozone-depleting substances, as identified under 42 U.S.C. 7671k, to the maximum extent practicable, as provided in 40 CFR 82.84(a)(1), except in the case of Class I substances being used for specified essential uses, as identified under 40 CFR 82.4(n); (c) Unless a particular contract requires otherwise, specify that, when feasible, contractors shall use another acceptable alternative in lieu of a high global warming potential hydrofluorocarbon in products and services in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential; and (d) Refer to EPA's SNAP program for the list of alternatives, found at 40 CFR part 82, subpart G, as well as supplemental tables of alternatives (available at http://www.epa.gov/snap). 0 13. Revise section 23.804 to read as follows: 23.804 Contract clauses. Except for contracts for supplies that will be delivered outside the United States and its outlying areas, or contracts for services that will be performed outside the United States and its outlying areas, insert the following clauses: (a) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons, in solicitations and contracts for-- (1) Refrigeration equipment (in product or service code (PSC) 4110); (2) Air conditioning equipment (PSC 4120); (3) Clean agent fire suppression systems/equipment (e.g., installed room flooding systems, portable fire extinguishers, aircraft/tactical vehicle fire/explosion suppression systems) (in PSC 4210); (4) Bulk refrigerants and fire suppressants (in PSC 6830); (5) Solvents, dusters, freezing compounds, mold release agents, and any other miscellaneous chemical specialty that may contain ozone- depleting substances or high global warming potential hydrofluorocarbons (in PSC 6850); (6) Corrosion prevention compounds, foam sealants, aerosol mold release agents, and any other preservative or sealing compound that may contain ozone-depleting substances or high global warming potential hydrofluorocarbons (in PSC 8030); (7) Fluorocarbon lubricants (primarily aerosols) (in PSC 9150); and (8) Any other manufactured end products that may contain or be manufactured with ozone-depleting substances. (b) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners, in solicitations and contracts that include the maintenance, service, repair, or disposal of-- (1) Refrigeration equipment, such as refrigerators, chillers, or freezers; or (2) Air conditioners, including air conditioning systems in motor vehicles. (c) 52.223-20, Aerosols, in solicitations and contracts-- (1) For products that may contain high global warming potential hydrofluorocarbons as a propellant, or as a solvent; or (2) That involve maintenance or repair of electronic or mechanical devices. (d) 52.223-21, Foams, in solicitations and contracts for-- (1) Products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent, such as building foam insulation or appliance foam insulation; or (2) Construction of buildings or facilities. PART 25--FOREIGN ACQUISITION 25.1101 [Amended] 0 14. Amend section 25.1101 by removing from paragraph (f) ``, as defined in the provision at 52.225-18''. PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 15. Amend section 52.212-5 by-- 0 a. Revising the date of the clause; and 0 b. In paragraph (b)-- 0 i. Redesignating paragraphs (b)(36) through (54) as paragraphs (b)(38) through (56), respectively; 0 ii. Adding new paragraphs (b)(36) and (37); 0 iii. Further redesignating newly redesignated paragraphs (b)(43) through (56) as paragraphs (b)(45) through (58), respectively; and 0 iv. Adding new paragraphs (b)(43) and (44). The revision and additions reads 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 (June, 2016) * * * * * (b) * * * ____(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693). ____(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693). * * * * * ____(43) 52.223-20, Aerosols (June, 2016) (E.O. 13693). ____(44) 52.223-21, Foams (June, 2016) (E.O. 13693). * * * * * 0 16. Amend section 52.213-4 by-- 0 a. Revising the date of the clause; and 0 b. In paragraph (b)(1)-- 0 i. Redesignating paragraphs (b)(1)(xi) through (xvi) as (b)(1)(xiii) through (xviii), respectively; 0 ii. Adding new paragraphs (b)(1)(xi) and (xii); 0 iii. Further redesignating newly redesignated paragraphs (b)(1)(xiv) through (xviii) as paragraphs (b)(1)(xvi) through (xx), respectively; and 0 iv. Adding new paragraphs (b)(1)(xiv) and (xv). The revision and additions read as follows: 52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than Commercial Items). * * * * * Terms and Conditions--Simplified Acquisitions (Other Than Commercial Items) (June, 2016) * * * * * (b) * * * (1) * * * (xi) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) [[Page 30437]] (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)). (xii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners). * * * * * (xiv) 52.223-20, Aerosols (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices). (xv) 52.223-21, Foams (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities. * * * * * 0 17. Amend section 52.223-11 by revising the section heading, clause heading, and clause to read as follows: 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. * * * * * Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (a) Definitions. As used in this clause-- Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0. High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at (http://www.epa.gov/snap/). Hydrofluorocarbons means compounds that only contain hydrogen, fluorine, and carbon. Ozone-depleting substance means any substance the Environmental Protection Agency designates in 40 CFR part 82 as-- (1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or (2) Class II, including, but not limited to, hydrochlorofluorocarbons. (b) The Contractor shall label products that contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 40 CFR part 82, subpart E, as follows: Warning: Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere. * The Contractor shall insert the name of the substance(s). (c) Reporting. For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons, the Contractor shall-- (1) Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons contained in the equipment and appliances delivered to the Government under this contract by-- (i) Type of hydrofluorocarbon (e.g., HFC-134a, HFC-125, R-410A, R-404A, etc.); (ii) Contract number; and (iii) Equipment/appliance; (2) Report that information to the Contracting Officer for FY16 and to www.sam.gov, for FY17 and after-- (i) Annually by November 30 of each year during contract performance; and (ii) At the end of contract performance. (d) The Contractor shall refer to EPA's SNAP program (available at http://www.epa.gov/snap) to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap. (End of clause) 0 18. Amend section 52.223-12 by revising the section heading, clause heading, and clause to read as follows: 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners. * * * * * Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (a) Definitions. As used in this clause-- Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0. High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at (http://www.epa.gov/snap/). Hydrofluorocarbons means compounds that contain only hydrogen, fluorine, and carbon. (b) The Contractor shall comply with the applicable requirements of sections 608 and 609 of the Clean Air Act (42 U.S.C. 7671g and 7671h) as each or both apply to this contract. (c) Unless otherwise specified in the contract, the Contractor shall reduce the use, release, or emissions of high global warming potential hydrofluorocarbons under this contract by-- (1) Transitioning over time to the use of another acceptable alternative in lieu of high global warming potential hydrofluorocarbons in a particular end use for which EPA's SNAP program has identified other acceptable alternatives that have lower global warming potential. (2) Preventing and repairing refrigerant leaks through service and maintenance during contract performance; (3) Implementing recovery, recycling, and responsible disposal programs that avoid release or emissions during equipment service and as the equipment reaches the end of its useful life; and (4) Using reclaimed hydrofluorocarbons, where feasible. (d) For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons, that will be maintained, serviced, repaired, or disposed under this contract, the Contractor shall-- (1) Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons added or taken out of equipment or appliances under this contract by-- (i) Type of hydrofluorocarbon (e.g., HFC-134a, HFC-125, R-410A, R-404A, etc.); (ii) Contract number; (iii) Equipment/appliance; and (2) Report that information to the Contracting Officer for FY16 and to www.sam.gov, for FY17 and after-- (i) No later than November 30 of each year during contract performance; and (ii) At the end of contract performance. (e) The Contractor shall refer to EPA's SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap/. (End of clause) 0 19. Add section 52.223-20 to read as follows: 52.223-20 Aerosols. As prescribed in 23.804(c), insert the following clause: Aerosols (June, 2016) (a) Definitions. As used in this clause-- Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0. High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at http://www.epa.gov/snap/). Hydrofluorocarbons means compounds that contain only hydrogen, fluorine, and carbon. (b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, or emissions of high global warming [[Page 30438]] potential hydrofluorocarbons, when feasible, from aerosol propellants or solvents under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as-- (1) In-use emission rates, energy efficiency; (2) Safety, such as flammability or toxicity; (3) Ability to meet technical performance requirements; and (4) Commercial availability at a reasonable cost. (c) The Contractor shall refer to EPA's SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap/. (End of clause) 0 20. Add section 52.223-21 to read as follows: 52.223-21 Foams. As prescribed in 23.804(d), insert the following clause: Foams (June, 2016) (a) Definitions. As used in this clause-- Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0. High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at http://www.epa.gov/snap/. Hydrofluorocarbons means compounds that contain only hydrogen, fluorine, and carbon. (b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, and emissions of high global warming potential hydrofluorocarbons and refrigerant blends containing hydrofluorocarbons, when feasible, from foam blowing agents, under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as-- (1) In-use emission rates, energy efficiency, and safety; (2) Ability to meet performance requirements; and (3) Commercial availability at a reasonable cost. (c) The Contractor shall refer to EPA's SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap/. (End of clause) [FR Doc. 2016-10998 Filed 5-13-16; 8:45 am] BILLING CODE 6820-EP-P
![Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations 30429
activity to approve a contracting officer ACTION: Final rule. • Clarified that the clause
determination to select more than five prescription exception is for supplies
offerors to submit phase-two proposals. SUMMARY: DoD, GSA, and NASA are that will be delivered outside the United
The approval level is delegable no lower issuing a final rule amending the States and its outlying areas as well as
than the senior contracting official Federal Acquisition Regulation (FAR) to for contracts for services performed
within the contracting activity. This rule implement Executive branch policy in outside the United States and its
change does not place any new the President’s Climate Action Plan to outlying areas.
requirements on small entities. procure, when feasible, alternatives to • Added in the clauses at 52.223–20
high global warming potential (GWP) and 52.223–21 environmental,
Item V—Technical Amendments hydrofluorocarbons (HFCs). This final technical, and economic factors to
Editorial changes are made at FAR rule will allow agencies to better meet consider when determining feasibility.
1.106. the greenhouse gas emission reduction
goals and reporting requirements of the B. Analysis of Public Comments
Dated: May 5, 2016.
William Clark, Executive Order on Planning for 1. General
Director, Office of Government-wide
Sustainability in the Next Decade.
a. Support the Objectives of the Rule
Acquisition Policy, Office of Acquisition DATES: Effective: June 15, 2016.
Policy, Office of Government-wide Policy. Comments: Many of the respondents
FOR FURTHER INFORMATION CONTACT: Mr.
expressed specific support for the
Federal Acquisition Circular (FAC) Charles Gray, Procurement Analyst, at objectives of the rule. Several
2005–88 is issued under the authority of 703–795–6328, for clarification of respondents applauded DoD, GSA, and
the Secretary of Defense, the content. For information pertaining to NASA in proposing that Federal
Administrator of General Services, and status or publication schedules, contact agencies procure, when feasible,
the Administrator for the National the Regulatory Secretariat Division at alternatives to high-GWP HFC
Aeronautics and Space Administration. 202–501–4755. Please cite FAC 2005–
Unless otherwise specified, all refrigerants. Other respondents stated
88, FAR Case 2014–026. that the proposed rule is a step in the
Federal Acquisition Regulation (FAR) SUPPLEMENTARY INFORMATION:
and other directive material contained right direction and could have
in FAC 2005–88 is effective May 16, I. Background considerable impact on reducing the
2016 except for items I, II, III, and IV, Government’s greenhouse gas emissions
DoD, GSA, and NASA published a and helping Federal agencies and
which are effective June 15, 2016. proposed rule at 80 FR 26883, on May departments meet several Executive
Dated: May 4, 2016. 11, 2015, to implement Executive actions and orders pertaining to HFCs.
Claire M. Grady, branch policy in the President’s Climate Response: Noted.
Director, Defense Procurement and Action Plan to procure, when feasible,
Acquisition Policy. alternatives to high GWP HFCs. This b. Oppose the Objectives of the Rule
Dated: May 5, 2016. final rule will allow agencies to better Comment: One respondent believed
Jeffrey A. Koses, meet the greenhouse gas emission that global warming is a farce and that
Senior Procurement Executive/Deputy CAO, reduction goals and reporting the Government should not be allowed
Office of Acquisition Policy, U.S. General requirements of the Executive Order to acquire anything because of global
Services Administration. 13693, Planning for Federal warming.
Dated: April 28, 2016. Sustainability in the Next Decade, of Response: The FAR Council is
William P. McNally, March 25, 2015. responsible for the implementation of
Assistant Administrator, Office of Sixteen respondents submitted the Executive orders and policies of the
Procurement National Aeronautics and comments on the proposed rule. Administration. DoD, NASA, and GSA
Space Administration. have prepared this rule to implement
II. Discussion and Analysis
[FR Doc. 2016–10995 Filed 5–13–16; 8:45 am] and facilitate compliance with
BILLING CODE 6820–EP–P
The Civilian Agency Acquisition Executive Order 13693, Planning for
Council and the Defense Acquisition Sustainability in the Next Decade, and
Regulations Council (the Councils) the President’s Climate Action Plan.
DEPARTMENT OF DEFENSE reviewed the public comments in the
development of the final rule. A 2. Definition of ‘‘high global warming
GENERAL SERVICES discussion of the comments and the potential hydrofluorocarbons’’
ADMINISTRATION changes made to the rule as a result of Various respondents commented on
those comments are provided as the definition of ‘‘high global warming
NATIONAL AERONAUTICS AND follows: potential hydrofluorocarbons.’’ One of
SPACE ADMINISTRATION these respondents questioned whether
A. Summary of Significant Changes
the identification of a lower GWP HFC
48 CFR Parts 1, 2, 7, 11, 23, 25, and 52 From the Proposed Rule
alternative pursuant to the SNAP
[FAC 2005–88; FAR Case 2014–026; Item
In response to public comments program meant that the Government
I; Docket No. 2014–0026; Sequence 1] received, the final rule contains the would be required to use the alternative.
following changes from the proposed Response: The Councils have further
RIN 9000–AM87 rule: clarified in the final rule that the term
asabaliauskas on DSK3SPTVN1PROD with RULES
• Clarified the definition of ‘‘high ‘‘high global warming potential
Federal Acquisition Regulation: High
global warming potential hydrofluorocarbons’’ means any
Global Warming Potential
hydrofluorocarbons’’ to make it specific hydrofluorocarbons in a particular end
Hydrofluorocarbons
to a particular end use. use for which EPA’s Significant New
AGENCY: Department of Defense (DoD), • Included the use of reclaimed HFCs Alternatives Policy (SNAP) program has
General Services Administration (GSA), as products that minimize or eliminate identified other acceptable alternatives
and National Aeronautics and Space the use, release, or emission of high that have lower global warming
Administration (NASA). GWP HFCs. potential. The SNAP list of alternatives
VerDate Sep<11>2014 18:51 May 13, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\16MYR2.SGM 16MYR2](https://thefederalregister.org/doc/81_FR_30523/page/1.svg)
![Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations 30435
PART 1—FEDERAL ACQUISITION (10) PSC 9630, Additive Metal environmentally preferable (including
REGULATIONS SYSTEM Materials. EPEAT®-registered, and non-toxic and
* * * * * less toxic) products, products
1.106 [Amended] containing recovered materials,
Products has the same meaning as
■ 2. Amend section 1.106 by adding to supplies. biobased products, non-ozone-depleting
the table, in numerical order, FAR * * * * * products, and products and services that
segments ‘‘52.223–11’’ and ‘‘52.223–12’’ minimize or eliminate, when feasible,
with their corresponding OMB control PART 7—ACQUISITION PLANNING the use, release, or emission of high
number ‘‘9000–0191’’. global warming potential
■ 4. Amend section 7.103 by revising hydrofluorocarbons, such as by using
PART 2—DEFINITIONS OF WORDS paragraph (p)(2) to read as follows: reclaimed instead of virgin
AND TERMS hydrofluorocarbons;
7.103 Agency-head responsibilities.
* * * * * * * * * *
■ 3. Amend section 2.101 in paragraph
(b)(2) by adding, in alphabetical order, (p) * * * ■ 7. Revise the heading of subpart 23.8
the definitions ‘‘Global warming (2) Comply with the policy in to read as follows:
potential’’, ‘‘High global warming 11.002(d) regarding procurement of
biobased products, products containing Subpart 23.8—Ozone-Depleting
potential hydrofluorocarbons’’,
recovered materials, environmentally Substances and Hydrofluorocarbons
‘‘Hydrofluorocarbons’’, ‘‘Manufactured
end product’’, and ‘‘Products’’ to read as preferable products and services
(including Electronic Product ■ 8. Revise section 23.800 to read as
follows: follows:
Environmental Assessment Tool
2.101 Definitions. (EPEAT®)-registered electronic 23.800 Scope of subpart.
* * * * * products, nontoxic or low-toxic This subpart sets forth policies and
(b) * * * alternatives), ENERGY STAR® and procedures for the acquisition of items
(2) * * * Federal Energy Management Program- that—
Global warming potential means how designated products, renewable energy, (a) Contain, use, or are manufactured
much a given mass of a chemical water-efficient products, non-ozone- with ozone-depleting substances; or
contributes to global warming over a depleting products, and products and (b) Contain or use high global
given time period compared to the same services that minimize or eliminate, warming potential hydrofluorocarbons.
mass of carbon dioxide. Carbon when feasible, the use, release, or
■ 9. Revise section 23.801 to read as
dioxide’s global warming potential is emission of high global warming
follows:
defined as 1.0. potential hydrofluorocarbons, such as
* * * * * by using reclaimed instead of virgin 23.801 Authorities.
High global warming potential hydrofluorocarbons; (a) Title VI of the Clean Air Act (42
hydrofluorocarbons means any * * * * * U.S.C. 7671, et seq.).
hydrofluorocarbons in a particular end (b) Section 706 of division D, title VII
use for which EPA’s Significant New PART 11—DESCRIBING AGENCY of the Omnibus Appropriations Act,
Alternatives Policy (SNAP) program has NEEDS 2009 (Public Law 111–8).
identified other acceptable alternatives ■ 5. Amend section 11.002 by revising (c) Executive Order 13693 of March
that have lower global warming paragraph (d)(1)(vi) to read as follows: 25, 2015, Planning for Federal
potential. The SNAP list of alternatives Sustainability in the Next Decade.
is found at 40 CFR part 82, subpart G, 11.002 Policy. (d) Environmental Protection Agency
with supplemental tables of alternatives * * * * * (EPA) regulations, Protection of
available at http://www.epa.gov/snap/). (d)(1) * * * Stratospheric Ozone (40 CFR part 82).
* * * * * (vi) Non-ozone-depleting substances,
23.802 [Removed]
Hydrofluorocarbons means and products and services that
compounds that contain only hydrogen, minimize or eliminate, when feasible, ■ 10. Remove section 23.802.
fluorine, and carbon. the use, release, or emission of high
23.803 [Redesignated as 23.802 and
* * * * * global warming potential Amended]
Manufactured end product means any hydrofluorocarbons, such as by using
reclaimed instead of virgin ■ 11. Redesignate section 23.803 as
end product in product and service 23.802 and revise newly redesignated
codes (PSC) 1000–9999, except— hydrofluorocarbons (subpart 23.8).
23.802 to read as follows:
(1) PSC 5510, Lumber and Related * * * * *
Basic Wood Materials; 23.802 Policy.
(2) Product or service group (PSG) 87, PART 23—ENVIRONMENT, ENERGY It is the policy of the Federal
Agricultural Supplies; AND WATER EFFICIENCY, Government that Federal agencies—
(3) PSG 88, Live Animals; RENEWABLE ENERGY (a) Implement cost-effective programs
(4) PSG 89, Subsistence; TECHNOLOGIES, OCCUPATIONAL to minimize the procurement of
(5) PSC 9410, Crude Grades of Plant SAFETY, AND DRUG-FREE materials and substances that contribute
WORKPLACE
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Materials; to the depletion of stratospheric ozone
(6) PSC 9430, Miscellaneous Crude ■ 6. Amend section 23.000 by revising and/or result in the use, release or
Animal Products, Inedible; paragraph (d) to read as follows: emission of high global warming
(7) PSC 9440, Miscellaneous Crude potential hydrofluorocarbons; and
Agricultural and Forestry Products; 23.000 Scope. (b) Give preference to the
(8) PSC 9610, Ores; * * * * * procurement of acceptable alternative
(9) PSC 9620, Minerals, Natural and (d) Acquiring energy-efficient and chemicals, products, and manufacturing
Synthetic; and water-efficient products and services, processes that reduce overall risks to
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![30436 Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations
human health and the environment by fire/explosion suppression systems) (in ■ i. Redesignating paragraphs (b)(36)
minimizing— PSC 4210); through (54) as paragraphs (b)(38)
(1) The depletion of ozone in the (4) Bulk refrigerants and fire through (56), respectively;
upper atmosphere; and suppressants (in PSC 6830); ■ ii. Adding new paragraphs (b)(36) and
(2) The potential use, release, or (5) Solvents, dusters, freezing (37);
emission of high global warming compounds, mold release agents, and ■ iii. Further redesignating newly
potential hydrofluorocarbons. any other miscellaneous chemical redesignated paragraphs (b)(43) through
■ 12. Add new section 23.803 to read as specialty that may contain ozone- (56) as paragraphs (b)(45) through (58),
follows: depleting substances or high global respectively; and
warming potential hydrofluorocarbons ■ iv. Adding new paragraphs (b)(43) and
23.803 Procedures. (in PSC 6850); (44).
In preparing specifications and (6) Corrosion prevention compounds, The revision and additions reads as
purchase descriptions, and in the foam sealants, aerosol mold release follows:
acquisition of products and services, agents, and any other preservative or 52.212–5 Contract Terms and Conditions
agencies shall— sealing compound that may contain Required To Implement Statutes or
(a) Comply with the requirements of ozone-depleting substances or high Executive Orders—Commercial Items.
title VI of the Clean Air Act, section 706 global warming potential * * * * *
of division D, title VII of Public Law hydrofluorocarbons (in PSC 8030);
111–8, Executive Order 13693, and 40 (7) Fluorocarbon lubricants (primarily Contract Terms and Conditions
CFR 82.84(a)(2), (3), (4), and (5); aerosols) (in PSC 9150); and Required to Implement Statutes or
(b) Substitute acceptable alternatives (8) Any other manufactured end Executive Orders—Commercial Items
to ozone-depleting substances, as products that may contain or be (June, 2016)
identified under 42 U.S.C. 7671k, to the manufactured with ozone-depleting
maximum extent practicable, as * * * * *
substances. (b) * * *
provided in 40 CFR 82.84(a)(1), except (b) 52.223–12, Maintenance, Service, ____(36) 52.223–11, Ozone-Depleting
in the case of Class I substances being Repair, or Disposal of Refrigeration Substances and High Global Warming
used for specified essential uses, as Equipment and Air Conditioners, in Potential Hydrofluorocarbons (June, 2016)
identified under 40 CFR 82.4(n); solicitations and contracts that include (E.O. 13693).
(c) Unless a particular contract the maintenance, service, repair, or ____(37) 52.223–12, Maintenance, Service,
requires otherwise, specify that, when disposal of— Repair, or Disposal of Refrigeration
feasible, contractors shall use another Equipment and Air Conditioners (June, 2016)
(1) Refrigeration equipment, such as
acceptable alternative in lieu of a high (E.O. 13693).
refrigerators, chillers, or freezers; or
global warming potential (2) Air conditioners, including air * * * * *
hydrofluorocarbon in products and ____(43) 52.223–20, Aerosols (June, 2016)
conditioning systems in motor vehicles. (E.O. 13693).
services in a particular end use for (c) 52.223–20, Aerosols, in
which EPA’s Significant New ____(44) 52.223–21, Foams (June, 2016)
solicitations and contracts— (E.O. 13693).
Alternatives Policy (SNAP) program has (1) For products that may contain
identified other acceptable alternatives high global warming potential * * * * *
that have lower global warming hydrofluorocarbons as a propellant, or ■ 16. Amend section 52.213–4 by—
potential; and as a solvent; or ■ a. Revising the date of the clause; and
(d) Refer to EPA’s SNAP program for (2) That involve maintenance or ■ b. In paragraph (b)(1)—
the list of alternatives, found at 40 CFR repair of electronic or mechanical ■ i. Redesignating paragraphs (b)(1)(xi)
part 82, subpart G, as well as devices. through (xvi) as (b)(1)(xiii) through
supplemental tables of alternatives (d) 52.223–21, Foams, in solicitations (xviii), respectively;
(available at http://www.epa.gov/snap). and contracts for— ■ ii. Adding new paragraphs (b)(1)(xi)
■ 13. Revise section 23.804 to read as (1) Products that may contain high and (xii);
follows: global warming potential ■ iii. Further redesignating newly
hydrofluorocarbons or refrigerant blends redesignated paragraphs (b)(1)(xiv)
23.804 Contract clauses. through (xviii) as paragraphs (b)(1)(xvi)
containing hydrofluorocarbons as a
Except for contracts for supplies that foam blowing agent, such as building through (xx), respectively; and
will be delivered outside the United foam insulation or appliance foam ■ iv. Adding new paragraphs (b)(1)(xiv)
States and its outlying areas, or insulation; or and (xv).
contracts for services that will be The revision and additions read as
(2) Construction of buildings or
performed outside the United States and follows:
facilities.
its outlying areas, insert the following
clauses: 52.213–4 Terms and Conditions—
PART 25—FOREIGN ACQUISITION Simplified Acquisitions (Other Than
(a) 52.223–11, Ozone-Depleting Commercial Items).
Substances and High Global Warming 25.1101 [Amended]
Potential Hydrofluorocarbons, in * * * * *
■ 14. Amend section 25.1101 by
solicitations and contracts for— removing from paragraph (f) ‘‘, as Terms and Conditions—Simplified
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(1) Refrigeration equipment (in defined in the provision at 52.225–18’’. Acquisitions (Other Than Commercial
product or service code (PSC) 4110); Items) (June, 2016)
(2) Air conditioning equipment (PSC PART 52—SOLICITATION PROVISIONS * * * * *
4120); AND CONTRACT CLAUSES (b) * * *
(3) Clean agent fire suppression (1) * * *
systems/equipment (e.g., installed room ■ 15. Amend section 52.212–5 by— (xi) 52.223–11, Ozone-Depleting
flooding systems, portable fire ■ a. Revising the date of the clause; and Substances and High Global Warming
extinguishers, aircraft/tactical vehicle ■ b. In paragraph (b)— Potential Hydrofluorocarbons (June, 2016)
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![30438 Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations
potential hydrofluorocarbons, when feasible, DEPARTMENT OF DEFENSE purpose of this rule is to reinstate the
from aerosol propellants or solvents under increased SAT for overseas acquisitions
this contract. When determining feasibility of GENERAL SERVICES for peacekeeping or humanitarian
using a particular alternative, the Contractor ADMINISTRATION operations. Conforming changes are
shall consider environmental, technical, and
made in FAR parts 4, 13, 18, and 19.
economic factors such as— NATIONAL AERONAUTICS AND
(1) In-use emission rates, energy efficiency; One public comment was received.
(2) Safety, such as flammability or toxicity;
SPACE ADMINISTRATION
II. Discussion and Analysis
(3) Ability to meet technical performance
requirements; and 48 CFR Parts 2, 4, 13, 18, and 19 The Civilian Agency Acquisition
(4) Commercial availability at a reasonable [FAC 2005–88; FAR Case 2015–020; Item Council and the Defense Acquisition
cost. II; Docket No. 2015–0020; Sequence No. 1] Regulations Council (the Councils)
(c) The Contractor shall refer to EPA’s reviewed the public comment in
SNAP program to identify alternatives. The RIN 9000–AN09
development of the final rule.
SNAP list of alternatives is found at 40 CFR
part 82, subpart G, with supplemental tables Federal Acquisition Regulation: A. Summary of Significant Changes
available at http://www.epa.gov/snap/. Simplified Acquisition Threshold for
(End of clause) Overseas Acquisitions in Support of There were no changes made to the
Humanitarian or Peacekeeping rule as a result of the comment received.
■ 20. Add section 52.223–21 to read as Operations There were no comments on the Initial
follows: Regulatory Flexibility Analysis.
AGENCY: Department of Defense (DoD),
General Services Administration (GSA), B. Analysis of Public Comments
52.223–21 Foams.
and National Aeronautics and Space Comment: One respondent stated that
As prescribed in 23.804(d), insert the Administration (NASA). the FAR definition of simplified
following clause:
ACTION: Final rule. acquisition needed to clarify that
Foams (June, 2016) construction is included as part of
SUMMARY: DoD, GSA, and NASA are supplies or services in a contingency
(a) Definitions. As used in this clause— issuing a final rule to amend the Federal
Global warming potential means how environment, noting that construction
Acquisition Regulation (FAR) to projects are very important to
much a given mass of a chemical contributes
to global warming over a given time period
implement a section of U.S. Code which contingency operations. The respondent
compared to the same mass of carbon establishes a higher simplified indicated that contracting professionals
dioxide. Carbon dioxide’s global warming acquisition threshold for overseas generally understand that the FAR
potential is defined as 1.0. acquisitions in support of humanitarian covers two broad categories of
High global warming potential or peacekeeping operations. acquisition: Supplies and services.
hydrofluorocarbons means any DATES: Effective June 15, 2016. Services include everything that is not
hydrofluorocarbons in a particular end use FOR FURTHER INFORMATION CONTACT: Ms. a commodity (supplies), and is therefore
for which EPA’s Significant New Alternatives inclusive of construction, which is a
Camara Francis, Procurement Analyst,
Policy (SNAP) program has identified other
at 202–550–0935, for clarification of type of service.
acceptable alternatives that have lower global
warming potential. The SNAP list of content. For information pertaining to Response: The Councils appreciate
alternatives is found at 40 CFR part 82, status or publication schedules, contact the comment and acknowledge the
subpart G, with supplemental tables of the Regulatory Secretariat Division at broad understanding that services are
alternatives available at http://www.epa.gov/ 202–501–4755. Please cite FAC 2005– inclusive of construction services.
snap/. 88, FAR Case 2015–020.
Hydrofluorocarbons means compounds III. Executive Orders 12866 and 13563
SUPPLEMENTARY INFORMATION:
that contain only hydrogen, fluorine, and Executive Orders (E.O.s) 12866 and
carbon. I. Background 13563 direct agencies to assess all costs
(b) Unless otherwise specified in the
DoD, GSA, and NASA published a and benefits of available regulatory
contract, the Contractor shall reduce its use,
release, and emissions of high global proposed rule in the Federal Register at alternatives and, if regulation is
warming potential hydrofluorocarbons and 80 FR 60832 on October 8, 2015, necessary, to select regulatory
refrigerant blends containing soliciting public comments on this rule, approaches that maximize net benefits
hydrofluorocarbons, when feasible, from drafted to implement 41 U.S.C. 153, (including potential economic,
foam blowing agents, under this contract. which establishes a higher simplified environmental, public health and safety
When determining feasibility of using a acquisition threshold (SAT) for overseas effects, distributive impacts, and
particular alternative, the Contractor shall acquisitions in support of humanitarian equity). E.O. 13563 emphasizes the
consider environmental, technical, and or peacekeeping operations. FAR Case importance of quantifying both costs
economic factors such as— 2003–022 was published in the Federal and benefits, of reducing costs, of
(1) In-use emission rates, energy efficiency,
Register as an interim rule at 69 FR harmonizing rules, and of promoting
and safety;
(2) Ability to meet performance 8312, on February 23, 2004, and as a flexibility. This is not a significant
requirements; and final rule published at 69 FR 76350, on regulatory action and, therefore, was not
(3) Commercial availability at a reasonable December 20, 2004. Drafters of that rule subject to review under section 6(b) of
cost. had revised the definition for SAT E.O. 12866, Regulatory Planning and
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(c) The Contractor shall refer to EPA’s contained at FAR 2.101: Definitions, but Review, dated September 30, 1993. This
SNAP program to identify alternatives. The had also inadvertently deleted the rule is not a major rule under 5 U.S.C.
SNAP list of alternatives is found at 40 CFR reference to overseas humanitarian or 804.
part 82, subpart G, with supplemental tables peacekeeping missions and the requisite
available at http://www.epa.gov/snap/. IV. Regulatory Flexibility Act
doubling of the SAT in those
(End of clause)
circumstances. The civilian statute at DoD, GSA and NASA have prepared
[FR Doc. 2016–10998 Filed 5–13–16; 8:45 am] the time was numbered 41 U.S.C. a Final Regulatory Flexibility Analysis
BILLING CODE 6820–EP–P 259(d)(1); it is now at 41 U.S.C. 153. The (FRFA) consistent with the Regulatory
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Document Created: 2016-05-14 01:16:42
Document Modified: 2016-05-14 01:16:42
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective: June 15, 2016. | |
| Contact | Mr. Charles Gray, Procurement Analyst, at 703-795-6328, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite FAC 2005-88, FAR Case 2014-026. | |
| FR Citation | 81 FR 30429 | |
| RIN Number | 9000-AM87 | |
| CFR Citation | 48
CFR
11 48 CFR 1 48 CFR 2 48 CFR 23 48 CFR 25 48 CFR 52 48 CFR 7 |
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