81 FR 33192 - Federal Acquisition Regulation: Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (FAR Case 2015-024)
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 81, Issue 101 (May 25, 2016)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 81, Issue 101 (May 25, 2016)
| Page Range | 33192-33196 | |
| FR Document | 2016-12226 |
[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)] [Proposed Rules] [Pages 33192-33196] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12226] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1, 4, 23, and 52 [FAR Case 2015-024; Docket No. 2015-0024, Sequence No. 1] RIN 9000-AN20 Federal Acquisition Regulation: Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation (FAR Case 2015-024) AGENCY: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to create an annual representation within the System for Award Management for vendors to indicate if and where they publicly disclose greenhouse gas emissions and greenhouse gas reduction goals or targets. This information will help the Government assess supplier greenhouse gas management practices and assist agencies in developing strategies to engage with contractors to reduce supply chain emissions, as directed in the Executive Order on Planning for Federal Sustainability in the Next Decade. DATES: Interested parties should submit written comments to the Regulatory Secretariat Division at one of the addresses shown below on or before July 25, 2016 to be considered in the formation of the final rule. ADDRESSES: Submit comments in response to FAR Case 2015-024 by any of the following methods:Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for ``FAR Case 2015-024''. Select the link ``Comment Now'' that corresponds with ``FAR Case 2015-024''. Follow the instructions provided on the screen. Please include your name, company name (if any), and ``FAR Case 2015-024'' on your attached document. Mail: General Services Administration, Regulatory Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, Washington, DC 20405-0001. Instructions: Please submit comments only and cite ``FAR Case 2015- 024: Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation'' in all correspondence related to this case. Comments received generally will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). 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. SUPPLEMENTARY INFORMATION: I. Background President Obama has made greenhouse gas (GHG) emissions reduction a priority. In 2015, the Administration announced a new target to reduce Federal Government emissions by 40 percent below 2008 levels by 2025. Through Executive Order (E.O.) 13693, Planning for Federal Sustainability in the Next Decade (published at 80 FR 15871, on March 19, 2015), the President established a strategy to reduce GHG emissions across Federal operations and the supply chain, including specific actions to better understand and manage the implications of supply chain emissions. To that end, E.O. 13693 requires the seven largest procuring agencies to implement procurements that take into consideration contractor GHG emissions and directs the Council on Environmental Quality to release an annual inventory of major suppliers that includes information on whether those suppliers publicly disclose GHG emissions and GHG reduction targets. E.O. 13693 supersedes E.O.s 13423 and 13514. In order to identify opportunities to reduce supply chain emissions, develop and implement procurements that incorporate consideration of those emissions, and develop an accurate annual inventory that includes contractor GHG management practices, greater insight into the scope of GHG management by companies seeking to do business with the Federal Government is needed. This information will help the Government assess supplier GHG management practices and assist agencies in developing strategies to engage with contractors to reduce supply chain emissions as directed in E.O. 13693. Public disclosure of GHG emissions and reduction goals or targets has become standard practice in many industries, and companies are increasingly asking their own suppliers about their GHG management practices. Performing a GHG inventory provides insight into operations, spurs innovation, and helps identify opportunities for efficiency and savings that can result in both environmental and financial benefits. By asking suppliers whether or not they publicly report emissions and reduction targets, the Federal Government will have accurate, up-to- date information on its suppliers. An annual representation will promote transparency and demonstrate the Federal Government's commitment to reducing supply chain emissions. Furthermore, by promoting GHG management and emissions reductions in its supply chain, the Federal Government will encourage supplier innovation, greater efficiency, and cost savings, benefitting both the Government and suppliers and adding value to the procurement process. II. Discussion and Analysis Accordingly, DoD, GSA, and NASA are proposing to revise the FAR to add an annual representation within the System for Award Management (SAM) for offerors to indicate if and where they publicly disclose GHG emissions and GHG reduction goals or targets. This representation would be mandatory only for vendors who received $7.5 million or more in Federal contract awards in the preceding Federal fiscal year. The representation would be voluntary for all other vendors. Additionally, as long as the vendor's emissions are reported publicly--either by the entity itself or rolled up into the public emissions report of a parent company--the emissions would be considered publicly reported. In addition to adding the new representation at FAR 52.223-ZZ, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-- Representation, this rule proposes to-- Revise the definition of ``greenhouse gases'' at FAR 23.001 to add nitrogen trifluoride, in accordance [[Page 33193]] with the definition in section 19 of E.O. 13693; Update the scope sections at FAR sections 23.000 and 23.800; Revise the authorities at FAR section 23.801 to add the new E.O. and delete the superseded E.O.s 13423 and 13514; Add a new FAR section 23.803, Contractor public disclosure of greenhouse gas emissions and reduction goals (current section 23.803 is redesignated as 23.802); Add a prescription at FAR section 23.804(b) for use of the new representation provision 52.223-ZZ. The provision will be required as an annual representation whenever provision 52.204-7 is included in the solicitation. It is therefore applicable to all solicitations, including solicitations for the acquisition of commercial items (including commercially available off-the-shelf items) and acquisitions that do not exceed the simplified acquisition threshold, except as provided in FAR section 4.1102(a); and Make other conforming changes in FAR sections 4.1202, 52.204-8, and 52.212-3. Additionally, in furtherance of E.O. 13653, Preparing the United States for the Impacts of Climate Change (published at 78 FR 66819, on November 1, 2013), DOD, GSA, and NASA are considering the development of means and methods to enable agencies to evaluate and reduce climate change related risks to, and vulnerabilities in, agency operations and missions in both the short and long term, with respect to agency suppliers, supply chain, real property investments, and capital equipment purchases. This consideration reflects growing Federal and public interest in better understanding operational and supply chain risks facing agency suppliers and steps those suppliers are taking to identify and manage those risks. Agency suppliers that are public companies are already subject to requirements to disclose material risks, including relevant risks associated with climate change, per Securities and Exchange Commission Interpretation: Commission Guidance Regarding Disclosure Related to Climate Change (Release Nos. 33-9106; 34-61469; FR-82), including impacts to personnel, physical assets, supply chain and distribution chain. It is in this context that DOD, GSA, and NASA are considering approaches to make disclosures of climate change risk analyses from Government suppliers available to agencies to help inform agency inventory and management of climate related risks to Federal facilities, operations, and missions, including supply chains. Such disclosures might also include whether information is made available to the public, to allow agencies to access the information rather than asking companies to submit reports to the Government. Approaches could include representations like one or more of the following: The Offeror, or its immediate owner or highest-level owner, [ ] does, [ ] does not assess risks they face as a result of extreme weather and other effects of climate change, including physical impacts and risks. The Offeror, or its immediate owner or highest-level owner, publicly [ ] does, [ ] does not disclose risks they face as a result of extreme weather and other effects of climate change, including physical impacts and risks. If the Offeror files with the Securities and Exchange Commission (SEC), the Offeror's SEC Regulation S-K filing or that of its immediate owner or highest-level owner [ ] does, [ ] does not discuss the risks they face as a result of extreme weather and other effects of climate change, including physical impacts and risks. DOD, GSA, and NASA welcome thoughts on these and/or other possible FAR revisions addressing climate change that might be appropriately considered to further the objectives described above. III. Applicability to Acquisitions not Greater Than the Simplified Acquisition Threshold, Commercial Items, and Commercial Off-the-Shelf Items The Federal Acquisition Regulatory Council has made preliminary determinations that the rule will apply, in certain circumstances, to acquisitions under the simplified acquisition threshold (SAT), acquisitions of commercial items, and commercially available off-the- shelf (COTS) items--namely those situations where the contractor has been awarded contracts of more than $7.5 million in goods and services during the prior Government fiscal year. In making its initial determination the FAR Council considered the following factors: (i) The benefits of the policy in furthering Administration goals; (ii) the extent to which the benefits of the policy would be reduced if exemptions are provided; and (iii) the burden on contractors if the policy is applied to these categories of spend. With respect to the first factor, as explained above, the President has made GHG emissions reduction a priority and E.O. 13693 establishes a strategy to reduce GHG emissions across Federal operations and the supply chain that is rooted in developing an inventory of contractor GHG management practices so that the Government can more fully understand the current state of activity by companies doing business with the Government and work with contractors over time to develop appropriate strategies to reduce supply chain emissions. Unfortunately, there is currently no single place where this information can be easily evaluated and no established method to collect this information. This rule will address that shortcoming and facilitate the Administration's goal by making data available in a standardized format to enhance the Federal Government's ability to track GHG management trends within the Federal supply chain and help to inform agency procurement strategies to reduce supply chain emissions. With respect to the second factor--impact of excluding commercial items and COTS purchases on the overall benefits of the underlying policy--the FAR Council notes that GHG reporting is becoming increasingly commonplace in the commercial marketplace. Because reporting is done annually by contractors and not by individual acquisition, the FAR Council is concerned that if an exclusion were provided to sellers of commercial items and COTS, a large number of contractors that sell in both the commercial and Federal marketplace would be exempted and the rule would fail at providing the type of information and insight that is needed to help agencies assess supplier GHG management practices. As a general matter, the FAR Council does not seek to burden small businesses or other entities that primarily transact in amounts under the SAT and believes by setting a threshold of $7.5 million, most of those sellers will not be covered. With respect to the third factor, the FAR Council has sought to minimize burden associated with the disclosure requirement. Specifically, the disclosure will apply only to major Federal suppliers who have been awarded contracts totaling more than $7.5 million in goods and services in the prior Government fiscal year. Based on Fiscal Year (FY) 2015 data, the FAR Council expects this requirement will cover approximately 5,500 unique entities, including about 2,700 small businesses. This represents approximately 3.5 percent of total entities that did business with the Federal Government in FY 2015, and 2.6 percent of small businesses. The FAR Council projects a minimal paperwork burden associated with the disclosure, approximately .25 hours per response for annual reporting for the 5,500 contractor, or 1,375 hours (see discussion on the Paperwork Reduction Act under section VI). [[Page 33194]] Accordingly, for the reasons set forth above, the FAR Council has made a preliminary determination that it is in the best interest of the Government not to exclude application of the rule for acquisitions, or sellers, of commercial items or COTS, or purchases below the SAT. Since the rule is not based in statute, the formal determination requirements of 41 U.S.C. 1905, 1906, and 1907 do not apply, but the FAR Council is providing this discussion as part of its commitment to transparency and accountability in the application of new regulatory requirements to these purchases and will consider public feedback in response to this discussion before making a final determination on the scope of the final rule. 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 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 proposed rule is not a major rule under 5 U.S.C. 804. V. Regulatory Flexibility Act DoD, GSA, and NASA do not expect this 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. Nevertheless, an Initial Regulatory Flexibility Analysis (IRFA) has been performed, and is summarized as follows: This rule proposes to add a representation that will provide information to help the Government assess supplier greenhouse gas (GHG) management practices and assist agencies in developing strategies to engage with contractors to reduce supply chain emissions, as directed in the Executive Order (E.O.) 13693, Planning for Federal Sustainability in the Next Decade. The objective of the rule is to identify opportunities to reduce supply chain emissions, develop and implement procurements that incorporate consideration of those emissions, and develop an accurate annual inventory that includes contractor GHG management practices, greater insight into the scope of GHG management by companies seeking to do business with the Federal Government is needed. The legal basis for the rule is E.O. 13693. As only those entities that received Federal contract awards in excess of $7.5 million in the preceding Federal fiscal year are required to make the representation, we anticipate this rule will apply to approximately 2,700 small businesses based on Fiscal Year 15 Federal Procurement Data System data. The rule proposes a representation, voluntary for entities who received under $7.5 million in contract awards in the Federal fiscal year before making the representation, to indicate if and where they publicly disclose GHG emissions and GHG reduction goals or targets. There is no requirement for such public disclosure. The rule does not duplicate, overlap, or conflict with any other Federal rules. The impact of this rule on small entities has been minimized because entities need only make the representation if they received over $7.5 million in Federal contract awards in the prior Federal fiscal year before making the representation. The Regulatory Secretariat has submitted a copy of the IRFA to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the IRFA may be obtained from the Regulatory Secretariat. DoD, GSA, and NASA invite comments from small business concerns and other interested parties on the expected impact of this rule on small entities. DoD, GSA, and NASA will also consider comments from small entities concerning the existing regulations in subparts affected by the proposed rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C 610 (FAR Case 2015-024), in correspondence. VI. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) applies. The proposed rule contains information collection requirements. Accordingly, the Regulatory Secretariat has submitted a request for approval of a new information collection requirement concerning the disclosure of greenhouse gas emissions and reduction goals to the Office of Management and Budget. A. Public reporting burden for this collection of information is estimated to average .25 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The annual reporting burden estimated as follows: Respondents: 5,500. Responses per respondent: 1. Total annual responses: 5,500. Preparation hours per response: .25. Total response burden hours: 1,375. B. Request for Comments Regarding Paperwork Burden. Submit comments, including suggestions for reducing this burden, not later than July 25, 2016 to: FAR Desk Officer, OMB, Room 10102, NEOB, Washington, DC 20503, and a copy to the General Services Administration, Regulatory Secretariat Division (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, Washington, DC 20405-0001. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. Requesters may obtain a copy of the supporting statement from the General Services Administration, Regulatory Secretariat Division (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, Washington, DC 20405-0001. Please cite OMB Control Number 9000-0194, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation, in all correspondence. List of Subjects in 48 CFR Parts 1, 4, 23, and 52 Government procurement. Dated: May 19, 2016. William F. Clark, Director, Office of Government-Wide Acquisition Policy, Office of Acquisition Policy, Office of Government-Wide Policy. Therefore, the DoD, GSA, and NASA propose amending 48 CFR parts 1, 4, 23, and 52 as set forth below: 0 1. The authority citation for 48 CFR parts 1, 4, 23, and 52 continues to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM 1.106 [Amended] 0 2. Amend section 1.106 by adding to the table FAR segment ``52.223-ZZ'' and its corresponding OMB control number ``9000-XXXX'' in numerical order. [[Page 33195]] PART 4--ADMINISTRATIVE MATTERS 0 3. Amend section 4.1202 by redesignating paragraphs (a)(23) through (31) as paragraphs (a)(24) through (32), respectively; and adding new paragraph (a)(23) to read as follows: 4.1202 Solicitation provision and contract clause (a) * * * (23) 52.223-ZZ, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. * * * * * PART 23--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE 23.000 [Amended] 0 4. Amend section 23.000 by removing from the end of the introductory paragraph ``vehicles by-'' and adding ``vehicles.'' in its place; and removing paragraphs (a) through (g). 23.001 [Amended] 0 5. Amend section 23.001 by removing from the definition ``Greenhouse gases'' ``perflourocarbons, and'' and adding ``perflourocarbons, nitrogen triflouride, and'' in its place. 0 6. Revise section 23.800 to read as follows: 23.800 Scope of subpart This subpart-- (a) Sets forth policies and procedures for the acquisition of items which contain, use, or are manufactured with ozone-depleting substances; and (b) Addresses contractor public disclosure of greenhouse gas emissions and reduction goals. 0 7. Amend section 23.801 by-- 0 a. Removing from paragraph (b) ``Title'' and adding ``title'' in its place; 0 b. Revising paragraph (c); 0 c. Removing paragraph (d); and 0 d. Redesignating paragraph (e) as paragraph (d). The revisions read as follows: 23.801 Authorities * * * * * (c) Executive Order 13693 of March 19, 2015, Planning for Federal Sustainability in the Next Decade. * * * * * 23.802 [Removed] 0 8. Remove section 23.802, as amended at 81 FR 30435 (May 16, 2016), effective June 15, 2016. 23.803 [Redesignated as 23.802] 0 9. Redesignate section 23.803, as amended at 81 FR 30435 (May 16, 2016), effective June 15, 2016, as section 23.802. 0 10. Add new section 23.803, as amended at 81 FR 30435 (May 16, 2016), effective June 15, 2016, to read as follows: 23.803 Contractor public disclosure of greenhouse gas emissions and reduction goals (a) It is the policy of the Federal Government to lead efforts to reduce greenhouse gas emissions at the Federal level in accordance with Executive Order 13693 and the President's Climate Action Plan of June 2013. (b) In order to enable the Federal Government to better understand both direct and indirect greenhouse gas emissions that result from Federal activities, the Federal Government requires offerors that received Federal contracts that equal $7.5 million or more in the prior Federal fiscal year to represent whether they publicly disclose greenhouse gas emissions and/or a quantitative greenhouse gas emissions reduction goal, and provide the Web site for any such disclosures. 0 11. Amend section 23.804, as amended at 81 FR 30436 (May 16, 2016), effective June 15, 2016 by-- 0 a. Revising the section heading; 0 b. Redesignating paragraphs (a) and (b) as paragraphs (a)(1) and (2); 0 c. Redesignating the introductory text as paragraph (a) and revising it; and 0 d. Adding new paragraph (b). The revisions and addition read as follows: 23.804 Contract provision and clauses. (a) Except for contracts that will be performed outside the United States and its outlying areas, the contracting officer shall insert the following clauses: * * * * * (b) The provision at 52.223-ZZ, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation, is required as an annual representation when 52.204-7, System for Award Management, is included in the solicitation (see 52.204-8, Annual Representations and Certifications). Contracting officers shall not separately include the provision at 52.223-ZZ in solicitations that do not include the provision at 52.204-7. PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 12. Amend section 52.204-8 by-- 0 a. Revising the date of the provision; 0 b. Redesignating paragraphs (c)(1)(xvii) through (xxii) as paragraphs (c)(1)(xviii) through (xxiii), respectively; and 0 c. Adding new paragraph (c)(xvii). The revision and addition read as follows: 52.204-8 Annual Representations and Certifications * * * * * Annual Representations and Certifications (DATE) * * * * * (c)(1) * * * (xvii) 52.223-ZZ, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.) * * * * * 0 13. Amend section 52.212-3 by-- 0 a. Revising the date of the provision; 0 b. Removing from the introductory paragraph of the clause and paragraph (b)(2) ``(c) through (r)'' and adding ``(c) through (s)'' in its place; and 0 c. Adding paragraph (s). The revision and addition read as follows: 52.212-3 Offeror Representations and Certifications--Commercial Items. * * * * * Offeror Representations and Certifications--Commercial Items (DATE) * * * * * (s) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1(k)). Offeror to check applicable block(s) in paragraph (s)(1) or (2). (1) Response to this provision is optional if the Offeror received less than $7.5 million in contract awards in the Federal fiscal year preceding any representation. (2) Representation. (i) The Offeror (itself or through its immediate owner or highest-level owner) publicly [ ] does, [ ] does not disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with the Greenhouse Gas Protocol Corporate Standard or equivalent standard. A publicly accessible Web site includes the supplier's own Web site or via a recognized, third-party greenhouse gas emissions reporting program. (ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not disclose a quantitative greenhouse gas emissions reduction goal, i.e., a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (3) If the Offeror checked ``does'' in paragraphs (s)(2)(i) or (s)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:___. (End of provision) [[Page 33196]] 52.223-11 [Amended] 0 14. Amend section 52.223-11 by removing from the introductory paragraph ``in 23.804(a)'' and adding ``in 23.804(a)(1)'' in its place. 52.212-12 [Amended] 0 15. Amend section 52.223-12 by removing from the introductory paragraph ``in 23.804(b)'' and adding ``in 23.804(a)(2)'' in its place. 0 16. Add section 52.223-ZZ to read as follows: 52.223-ZZ Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. As prescribed in 23.804(b), insert the following provision: Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation (Date) (a) Response to this provision is optional if the Offeror received less than $7.5 million in contract awards in the Federal fiscal year preceding any representation. (b) Representation. [Offeror to check applicable blocks in (1) or (2).] (1) The Offeror (itself or through its immediate owner or highest-level owner) publicly [ ] does, [ ] does not disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with the Greenhouse Gas Protocol Corporate Standard or equivalent standard. A publicly accessible Web site includes the supplier's own Web site or via a recognized, third- party greenhouse gas emissions reporting program. (2) The Offeror (itself or through its immediate owner or highest-level owner [ ] does, [ ] does not disclose a quantitative greenhouse gas emissions reduction goal, i.e., a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (c) If the Offeror checked ``does'' in paragraphs (b)(1) or (b)(2) of this provision respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/ or reduction goals are reported:___. (End of provision) [FR Doc. 2016-12226 Filed 5-24-16; 8:45 am] BILLING CODE 6820-EP-P
![33192 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules
(6) Use RTT to communicate with and on the screen. Please include your annual inventory that includes
retrieve messages from messaging, name, company name (if any), and contractor GHG management practices,
automated attendant, and interactive ‘‘FAR Case 2015–024’’ on your attached greater insight into the scope of GHG
voice response systems; and document. management by companies seeking to
(7) Transmit caller identification and • Mail: General Services do business with the Federal
conduct similar telecommunication Administration, Regulatory Secretariat Government is needed. This information
functions with RTT communications. (MVCB), ATTN: Ms. Flowers, 1800 F will help the Government assess
[FR Doc. 2016–12057 Filed 5–24–16; 8:45 am] Street NW., 2nd Floor, Washington, DC supplier GHG management practices
BILLING CODE 6712–01–P 20405–0001. and assist agencies in developing
Instructions: Please submit comments strategies to engage with contractors to
only and cite ‘‘FAR Case 2015–024: reduce supply chain emissions as
DEPARTMENT OF DEFENSE Public Disclosure of Greenhouse Gas directed in E.O. 13693.
Emissions and Reduction Goals— Public disclosure of GHG emissions
GENERAL SERVICES Representation’’ in all correspondence and reduction goals or targets has
ADMINISTRATION related to this case. Comments received become standard practice in many
generally will be posted without change industries, and companies are
NATIONAL AERONAUTICS AND to http://www.regulations.gov, including increasingly asking their own suppliers
SPACE ADMINISTRATION any personal and/or business about their GHG management practices.
confidential information provided. To Performing a GHG inventory provides
48 CFR Parts 1, 4, 23, and 52 confirm receipt of your comment(s), insight into operations, spurs
please check www.regulations.gov, innovation, and helps identify
[FAR Case 2015–024; Docket No. 2015– opportunities for efficiency and savings
approximately two to three days after
0024, Sequence No. 1] that can result in both environmental
submission to verify posting (except
RIN 9000–AN20 allow 30 days for posting of comments and financial benefits. By asking
submitted by mail). suppliers whether or not they publicly
Federal Acquisition Regulation: Public report emissions and reduction targets,
FOR FURTHER INFORMATION CONTACT: Mr.
Disclosure of Greenhouse Gas the Federal Government will have
Charles Gray, Procurement Analyst, at
Emissions and Reduction Goals— accurate, up-to-date information on its
703–795–6328 for clarification of
Representation (FAR Case 2015–024) suppliers. An annual representation will
content. For information pertaining to
promote transparency and demonstrate
AGENCY: Department of Defense (DoD), status or publication schedules, contact
the Federal Government’s commitment
General Services Administration (GSA), the Regulatory Secretariat Division at
to reducing supply chain emissions.
and National Aeronautics and Space 202–501–4755.
Furthermore, by promoting GHG
Administration (NASA). SUPPLEMENTARY INFORMATION: management and emissions reductions
ACTION: Proposed rule. in its supply chain, the Federal
I. Background
SUMMARY: DoD, GSA, and NASA are Government will encourage supplier
President Obama has made innovation, greater efficiency, and cost
proposing to amend the Federal greenhouse gas (GHG) emissions savings, benefitting both the
Acquisition Regulation (FAR) to create reduction a priority. In 2015, the Government and suppliers and adding
an annual representation within the Administration announced a new target value to the procurement process.
System for Award Management for to reduce Federal Government
vendors to indicate if and where they emissions by 40 percent below 2008 II. Discussion and Analysis
publicly disclose greenhouse gas levels by 2025. Through Executive Accordingly, DoD, GSA, and NASA
emissions and greenhouse gas reduction Order (E.O.) 13693, Planning for Federal are proposing to revise the FAR to add
goals or targets. This information will Sustainability in the Next Decade an annual representation within the
help the Government assess supplier (published at 80 FR 15871, on March 19, System for Award Management (SAM)
greenhouse gas management practices 2015), the President established a for offerors to indicate if and where they
and assist agencies in developing strategy to reduce GHG emissions across publicly disclose GHG emissions and
strategies to engage with contractors to Federal operations and the supply GHG reduction goals or targets. This
reduce supply chain emissions, as chain, including specific actions to representation would be mandatory
directed in the Executive Order on better understand and manage the only for vendors who received $7.5
Planning for Federal Sustainability in implications of supply chain emissions. million or more in Federal contract
the Next Decade. To that end, E.O. 13693 requires the awards in the preceding Federal fiscal
DATES: Interested parties should submit seven largest procuring agencies to year. The representation would be
written comments to the Regulatory implement procurements that take into voluntary for all other vendors.
Secretariat Division at one of the consideration contractor GHG emissions Additionally, as long as the vendor’s
addresses shown below on or before and directs the Council on emissions are reported publicly—either
July 25, 2016 to be considered in the Environmental Quality to release an by the entity itself or rolled up into the
formation of the final rule. annual inventory of major suppliers that public emissions report of a parent
ADDRESSES: Submit comments in includes information on whether those company—the emissions would be
response to FAR Case 2015–024 by any suppliers publicly disclose GHG considered publicly reported.
of the following methods: emissions and GHG reduction targets. In addition to adding the new
Lhorne on DSK30JT082PROD with PROPOSALS
• Regulations.gov: http:// E.O. 13693 supersedes E.O.s 13423 and representation at FAR 52.223–ZZ,
www.regulations.gov. Submit comments 13514. Public Disclosure of Greenhouse Gas
via the Federal eRulemaking portal by In order to identify opportunities to Emissions and Reduction Goals—
searching for ‘‘FAR Case 2015–024’’. reduce supply chain emissions, develop Representation, this rule proposes to—
Select the link ‘‘Comment Now’’ that and implement procurements that • Revise the definition of
corresponds with ‘‘FAR Case 2015– incorporate consideration of those ‘‘greenhouse gases’’ at FAR 23.001 to
024’’. Follow the instructions provided emissions, and develop an accurate add nitrogen trifluoride, in accordance
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![Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules 33193
with the definition in section 19 of E.O. supply chains. Such disclosures might the current state of activity by
13693; also include whether information is companies doing business with the
• Update the scope sections at FAR made available to the public, to allow Government and work with contractors
sections 23.000 and 23.800; agencies to access the information rather over time to develop appropriate
• Revise the authorities at FAR than asking companies to submit reports strategies to reduce supply chain
section 23.801 to add the new E.O. and to the Government. Approaches could emissions. Unfortunately, there is
delete the superseded E.O.s 13423 and include representations like one or more currently no single place where this
13514; of the following: information can be easily evaluated and
• Add a new FAR section 23.803, no established method to collect this
The Offeror, or its immediate owner or
Contractor public disclosure of highest-level owner, [ ] does, [ ] does not information. This rule will address that
greenhouse gas emissions and reduction assess risks they face as a result of extreme shortcoming and facilitate the
goals (current section 23.803 is weather and other effects of climate change, Administration’s goal by making data
redesignated as 23.802); including physical impacts and risks. available in a standardized format to
• Add a prescription at FAR section The Offeror, or its immediate owner or enhance the Federal Government’s
23.804(b) for use of the new highest-level owner, publicly [ ] does, [ ] does ability to track GHG management trends
representation provision 52.223–ZZ. not disclose risks they face as a result of
extreme weather and other effects of climate
within the Federal supply chain and
The provision will be required as an help to inform agency procurement
change, including physical impacts and risks.
annual representation whenever strategies to reduce supply chain
If the Offeror files with the Securities and
provision 52.204–7 is included in the Exchange Commission (SEC), the Offeror’s emissions.
solicitation. It is therefore applicable to SEC Regulation S–K filing or that of its With respect to the second factor—
all solicitations, including solicitations immediate owner or highest-level owner [ ] impact of excluding commercial items
for the acquisition of commercial items does, [ ] does not discuss the risks they face and COTS purchases on the overall
(including commercially available off- as a result of extreme weather and other benefits of the underlying policy—the
the-shelf items) and acquisitions that do effects of climate change, including physical
FAR Council notes that GHG reporting
not exceed the simplified acquisition impacts and risks.
is becoming increasingly commonplace
threshold, except as provided in FAR DOD, GSA, and NASA welcome in the commercial marketplace. Because
section 4.1102(a); and thoughts on these and/or other possible reporting is done annually by
• Make other conforming changes in FAR revisions addressing climate contractors and not by individual
FAR sections 4.1202, 52.204–8, and change that might be appropriately acquisition, the FAR Council is
52.212–3. considered to further the objectives concerned that if an exclusion were
Additionally, in furtherance of E.O. described above. provided to sellers of commercial items
13653, Preparing the United States for and COTS, a large number of contractors
the Impacts of Climate Change III. Applicability to Acquisitions not
Greater Than the Simplified that sell in both the commercial and
(published at 78 FR 66819, on Federal marketplace would be exempted
November 1, 2013), DOD, GSA, and Acquisition Threshold, Commercial
Items, and Commercial Off-the-Shelf and the rule would fail at providing the
NASA are considering the development type of information and insight that is
of means and methods to enable Items
needed to help agencies assess supplier
agencies to evaluate and reduce climate The Federal Acquisition Regulatory GHG management practices. As a
change related risks to, and Council has made preliminary general matter, the FAR Council does
vulnerabilities in, agency operations determinations that the rule will apply, not seek to burden small businesses or
and missions in both the short and long in certain circumstances, to acquisitions other entities that primarily transact in
term, with respect to agency suppliers, under the simplified acquisition amounts under the SAT and believes by
supply chain, real property investments, threshold (SAT), acquisitions of setting a threshold of $7.5 million, most
and capital equipment purchases. This commercial items, and commercially of those sellers will not be covered.
consideration reflects growing Federal available off-the-shelf (COTS) items— With respect to the third factor, the
and public interest in better namely those situations where the FAR Council has sought to minimize
understanding operational and supply contractor has been awarded contracts burden associated with the disclosure
chain risks facing agency suppliers and of more than $7.5 million in goods and requirement. Specifically, the disclosure
steps those suppliers are taking to services during the prior Government will apply only to major Federal
identify and manage those risks. Agency fiscal year. In making its initial suppliers who have been awarded
suppliers that are public companies are determination the FAR Council contracts totaling more than $7.5
already subject to requirements to considered the following factors: (i) The million in goods and services in the
disclose material risks, including benefits of the policy in furthering prior Government fiscal year. Based on
relevant risks associated with climate Administration goals; (ii) the extent to Fiscal Year (FY) 2015 data, the FAR
change, per Securities and Exchange which the benefits of the policy would Council expects this requirement will
Commission Interpretation: Commission be reduced if exemptions are provided; cover approximately 5,500 unique
Guidance Regarding Disclosure Related and (iii) the burden on contractors if the entities, including about 2,700 small
to Climate Change (Release Nos. 33– policy is applied to these categories of businesses. This represents
9106; 34–61469; FR–82), including spend. approximately 3.5 percent of total
impacts to personnel, physical assets, With respect to the first factor, as entities that did business with the
supply chain and distribution chain. It explained above, the President has Federal Government in FY 2015, and 2.6
is in this context that DOD, GSA, and made GHG emissions reduction a percent of small businesses. The FAR
Lhorne on DSK30JT082PROD with PROPOSALS
NASA are considering approaches to priority and E.O. 13693 establishes a Council projects a minimal paperwork
make disclosures of climate change risk strategy to reduce GHG emissions across burden associated with the disclosure,
analyses from Government suppliers Federal operations and the supply chain approximately .25 hours per response
available to agencies to help inform that is rooted in developing an for annual reporting for the 5,500
agency inventory and management of inventory of contractor GHG contractor, or 1,375 hours (see
climate related risks to Federal facilities, management practices so that the discussion on the Paperwork Reduction
operations, and missions, including Government can more fully understand Act under section VI).
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![33194 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules
Accordingly, for the reasons set forth into the scope of GHG management by Preparation hours per response: .25.
above, the FAR Council has made a companies seeking to do business with the
Total response burden hours: 1,375.
preliminary determination that it is in Federal Government is needed. The legal
basis for the rule is E.O. 13693. B. Request for Comments Regarding
the best interest of the Government not Paperwork Burden. Submit comments,
As only those entities that received Federal
to exclude application of the rule for contract awards in excess of $7.5 million in including suggestions for reducing this
acquisitions, or sellers, of commercial the preceding Federal fiscal year are required burden, not later than July 25, 2016 to:
items or COTS, or purchases below the to make the representation, we anticipate this FAR Desk Officer, OMB, Room 10102,
SAT. rule will apply to approximately 2,700 small NEOB, Washington, DC 20503, and a
Since the rule is not based in statute, businesses based on Fiscal Year 15 Federal copy to the General Services
the formal determination requirements Procurement Data System data.
The rule proposes a representation,
Administration, Regulatory Secretariat
of 41 U.S.C. 1905, 1906, and 1907 do
voluntary for entities who received under Division (MVCB), ATTN: Ms. Flowers,
not apply, but the FAR Council is
$7.5 million in contract awards in the 1800 F Street NW., 2nd Floor,
providing this discussion as part of its
Federal fiscal year before making the Washington, DC 20405–0001.
commitment to transparency and
representation, to indicate if and where they Public comments are particularly
accountability in the application of new publicly disclose GHG emissions and GHG
regulatory requirements to these invited on: Whether this collection of
reduction goals or targets. There is no information is necessary for the proper
purchases and will consider public requirement for such public disclosure.
feedback in response to this discussion The rule does not duplicate, overlap, or
performance of functions of the FAR,
before making a final determination on conflict with any other Federal rules. and will have practical utility; whether
the scope of the final rule. The impact of this rule on small entities our estimate of the public burden of this
has been minimized because entities need collection of information is accurate,
IV. Executive Orders 12866 and 13563 only make the representation if they received and based on valid assumptions and
Executive Orders (E.O.s) 12866 and over $7.5 million in Federal contract awards methodology; ways to enhance the
13563 direct agencies to assess all costs in the prior Federal fiscal year before making quality, utility, and clarity of the
the representation. information to be collected; and ways in
and benefits of available regulatory
alternatives and, if regulation is The Regulatory Secretariat has which we can minimize the burden of
necessary, to select regulatory submitted a copy of the IRFA to the the collection of information on those
approaches that maximize net benefits Chief Counsel for Advocacy of the Small who are to respond, through the use of
(including potential economic, Business Administration. A copy of the appropriate technological collection
environmental, public health and safety IRFA may be obtained from the techniques or other forms of information
effects, distributive impacts, and Regulatory Secretariat. DoD, GSA, and technology.
equity). NASA invite comments from small Requesters may obtain a copy of the
E.O. 13563 emphasizes the business concerns and other interested supporting statement from the General
importance of quantifying both costs parties on the expected impact of this Services Administration, Regulatory
and benefits, of reducing costs, of rule on small entities. Secretariat Division (MVCB), ATTN: Ms.
harmonizing rules, and of promoting DoD, GSA, and NASA will also Flowers, 1800 F Street NW., 2nd Floor,
flexibility. This is not a significant consider comments from small entities Washington, DC 20405–0001. Please cite
regulatory action and, therefore, was not concerning the existing regulations in OMB Control Number 9000–0194,
subject to review under Section 6(b) of subparts affected by the proposed rule Public Disclosure of Greenhouse Gas
E.O. 12866, Regulatory Planning and in accordance with 5 U.S.C. 610. Emissions and Reduction Goals—
Review, dated September 30, 1993. This Interested parties must submit such Representation, in all correspondence.
proposed rule is not a major rule under comments separately and should cite 5
5 U.S.C. 804. U.S.C 610 (FAR Case 2015–024), in List of Subjects in 48 CFR Parts 1, 4, 23,
correspondence. and 52
V. Regulatory Flexibility Act
VI. Paperwork Reduction Act Government procurement.
DoD, GSA, and NASA do not expect
this rule to have a significant economic The Paperwork Reduction Act (44 Dated: May 19, 2016.
impact on a substantial number of small U.S.C. chapter 35) applies. The William F. Clark,
entities within the meaning of the proposed rule contains information Director, Office of Government-Wide
Regulatory Flexibility Act, 5 U.S.C. 601, collection requirements. Accordingly, Acquisition Policy, Office of Acquisition
et seq. Nevertheless, an Initial the Regulatory Secretariat has submitted Policy, Office of Government-Wide Policy.
Regulatory Flexibility Analysis (IRFA) a request for approval of a new Therefore, the DoD, GSA, and NASA
has been performed, and is summarized information collection requirement propose amending 48 CFR parts 1, 4, 23,
as follows: concerning the disclosure of greenhouse and 52 as set forth below:
This rule proposes to add a representation gas emissions and reduction goals to the
that will provide information to help the Office of Management and Budget. ■ 1. The authority citation for 48 CFR
Government assess supplier greenhouse gas A. Public reporting burden for this parts 1, 4, 23, and 52 continues to read
(GHG) management practices and assist collection of information is estimated to as follows:
agencies in developing strategies to engage average .25 hours per response, Authority: 40 U.S.C. 121(c); 10 U.S.C.
with contractors to reduce supply chain including the time for reviewing chapter 137; and 51 U.S.C. 20113.
emissions, as directed in the Executive Order instructions, searching existing data
(E.O.) 13693, Planning for Federal PART 1—FEDERAL ACQUISITION
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sources, gathering and maintaining the
Sustainability in the Next Decade. REGULATIONS SYSTEM
The objective of the rule is to identify
data needed, and completing and
opportunities to reduce supply chain reviewing the collection of information. 1.106 [Amended]
emissions, develop and implement The annual reporting burden
procurements that incorporate consideration estimated as follows: ■ 2. Amend section 1.106 by adding to
of those emissions, and develop an accurate Respondents: 5,500. the table FAR segment ‘‘52.223–ZZ’’ and
annual inventory that includes contractor Responses per respondent: 1. its corresponding OMB control number
GHG management practices, greater insight Total annual responses: 5,500. ‘‘9000–XXXX’’ in numerical order.
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![Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules 33195
PART 4—ADMINISTRATIVE MATTERS 23.803 [Redesignated as 23.802] (c)(1)(xviii) through (xxiii), respectively;
■ 9. Redesignate section 23.803, as and
■ 3. Amend section 4.1202 by amended at 81 FR 30435 (May 16, ■ c. Adding new paragraph (c)(xvii).
redesignating paragraphs (a)(23) through 2016), effective June 15, 2016, as section The revision and addition read as
(31) as paragraphs (a)(24) through (32), 23.802. follows:
respectively; and adding new paragraph ■ 10. Add new section 23.803, as
(a)(23) to read as follows: 52.204–8 Annual Representations and
amended at 81 FR 30435 (May 16,
Certifications
4.1202 Solicitation provision and contract
2016), effective June 15, 2016, to read as
follows: * * * * *
clause
Annual Representations and Certifications
(a) * * * 23.803 Contractor public disclosure of (DATE)
(23) 52.223–ZZ, Public Disclosure of greenhouse gas emissions and reduction
goals * * * * *
Greenhouse Gas Emissions and (c)(1) * * *
Reduction Goals—Representation. (a) It is the policy of the Federal (xvii) 52.223–ZZ, Public Disclosure of
* * * * * Government to lead efforts to reduce Greenhouse Gas Emissions and Reduction
greenhouse gas emissions at the Federal Goals—Representation. This provision
PART 23—ENVIRONMENT, ENERGY level in accordance with Executive applies to solicitations that include the
AND WATER EFFICIENCY, Order 13693 and the President’s Climate clause at 52.204–7.)
RENEWABLE ENERGY Action Plan of June 2013.
(b) In order to enable the Federal * * * * *
TECHNOLOGIES, OCCUPATIONAL
Government to better understand both ■ 13. Amend section 52.212–3 by—
SAFETY, AND DRUG-FREE ■ a. Revising the date of the provision;
WORKPLACE direct and indirect greenhouse gas
emissions that result from Federal ■ b. Removing from the introductory
23.000 [Amended] activities, the Federal Government paragraph of the clause and paragraph
requires offerors that received Federal (b)(2) ‘‘(c) through (r)’’ and adding ‘‘(c)
■ 4. Amend section 23.000 by removing
contracts that equal $7.5 million or through (s)’’ in its place; and
from the end of the introductory
more in the prior Federal fiscal year to ■ c. Adding paragraph (s).
paragraph ‘‘vehicles by–’’ and adding
represent whether they publicly The revision and addition read as
‘‘vehicles.’’ in its place; and removing
disclose greenhouse gas emissions and/ follows:
paragraphs (a) through (g).
or a quantitative greenhouse gas 52.212–3 Offeror Representations and
23.001 [Amended] emissions reduction goal, and provide Certifications—Commercial Items.
■ 5. Amend section 23.001 by removing the Web site for any such disclosures. * * * * *
from the definition ‘‘Greenhouse gases’’ ■ 11. Amend section 23.804, as
‘‘perflourocarbons, and’’ and adding amended at 81 FR 30436 (May 16, Offeror Representations and Certifications—
‘‘perflourocarbons, nitrogen triflouride, 2016), effective June 15, 2016 by— Commercial Items (DATE)
and’’ in its place. ■ a. Revising the section heading; * * * * *
■ 6. Revise section 23.800 to read as ■ b. Redesignating paragraphs (a) and (s) Public Disclosure of Greenhouse Gas
(b) as paragraphs (a)(1) and (2); Emissions and Reduction Goals. Applies in
follows: all solicitations that require offerors to
■ c. Redesignating the introductory text
23.800 Scope of subpart as paragraph (a) and revising it; and register in SAM (52.212–1(k)). Offeror to
■ d. Adding new paragraph (b). check applicable block(s) in paragraph (s)(1)
This subpart— or (2).
The revisions and addition read as
(a) Sets forth policies and procedures (1) Response to this provision is optional
follows: if the Offeror received less than $7.5 million
for the acquisition of items which
contain, use, or are manufactured with 23.804 Contract provision and clauses. in contract awards in the Federal fiscal year
ozone-depleting substances; and preceding any representation.
(a) Except for contracts that will be (2) Representation. (i) The Offeror (itself or
(b) Addresses contractor public performed outside the United States and through its immediate owner or highest-level
disclosure of greenhouse gas emissions its outlying areas, the contracting officer owner) publicly [ ] does, [ ] does not disclose
and reduction goals. shall insert the following clauses: greenhouse gas emissions, i.e., makes
■ 7. Amend section 23.801 by— * * * * * available on a publicly accessible Web site
■ a. Removing from paragraph (b) (b) The provision at 52.223–ZZ, the results of a greenhouse gas inventory,
‘‘Title’’ and adding ‘‘title’’ in its place; Public Disclosure of Greenhouse Gas performed in accordance with the
Greenhouse Gas Protocol Corporate Standard
■ b. Revising paragraph (c); Emissions and Reduction Goals— or equivalent standard. A publicly accessible
■ c. Removing paragraph (d); and Representation, is required as an annual Web site includes the supplier’s own Web
■ d. Redesignating paragraph (e) as representation when 52.204–7, System site or via a recognized, third-party
paragraph (d). for Award Management, is included in greenhouse gas emissions reporting program.
The revisions read as follows: the solicitation (see 52.204–8, Annual (ii) The Offeror (itself or through its
Representations and Certifications). immediate owner or highest-level owner) [ ]
23.801 Authorities Contracting officers shall not separately does, [ ] does not disclose a quantitative
* * * * * include the provision at 52.223–ZZ in greenhouse gas emissions reduction goal, i.e.,
solicitations that do not include the a target to reduce absolute emissions or
(c) Executive Order 13693 of March emissions intensity by a specific quantity or
19, 2015, Planning for Federal provision at 52.204–7.
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percentage.
Sustainability in the Next Decade. (3) If the Offeror checked ‘‘does’’ in
PART 52—SOLICITATION PROVISIONS paragraphs (s)(2)(i) or (s)(2)(ii) of this
* * * * *
AND CONTRACT CLAUSES provision, respectively, the Offeror shall
23.802 [Removed] provide the publicly accessible Web site(s)
■ 12. Amend section 52.204–8 by—
■ 8. Remove section 23.802, as amended ■ a. Revising the date of the provision; where greenhouse gas emissions and/or
at 81 FR 30435 (May 16, 2016), effective ■ b. Redesignating paragraphs reduction goals are reported:lll.
June 15, 2016. (c)(1)(xvii) through (xxii) as paragraphs (End of provision)
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![33196 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules
52.223–11 [Amended] Atmospheric Administration (NOAA), FOR FURTHER INFORMATION CONTACT:
■ 14. Amend section 52.223–11 by Commerce. Sarah Ellgen, Sustainable Fisheries
removing from the introductory ACTION: Notice of availability of fishery Division, NMFS PIR, 808–725–5173.
paragraph ‘‘in 23.804(a)’’ and adding ‘‘in ecosystem plan amendment; request for SUPPLEMENTARY INFORMATION: The
23.804(a)(1)’’ in its place. comments. Council and NMFS manage the
52.212–12 [Amended]
bottomfish fishery in federal waters in
SUMMARY: NMFS announces that the the CNMI under the Fishery Ecosystem
■ 15. Amend section 52.223–12 by Western Pacific Fishery Management Plan for the Mariana Archipelago
removing from the introductory Council (Council) proposes to amend (Mariana FEP). The Mariana FEP and
paragraph ‘‘in 23.804(b)’’ and adding the Fishery Ecosystem Plan for the implementing Federal regulations
‘‘in 23.804(a)(2)’’ in its place. Mariana Archipelago. If approved,
■ 16. Add section 52.223–ZZ to read as
currently prohibit medium and large
Amendment 4 would remove the vessels (vessels over 40 ft) from fishing
follows: medium and large vessel bottomfish for bottomfish in certain Federal waters
52.223–ZZ Public Disclosure of (BF) prohibited fishing areas in the around the CNMI. The prohibited areas
Greenhouse Gas Emissions and Reduction Commonwealth of the Northern Mariana include waters within approximately 50
Goals—Representation. Islands (CNMI). Amendment 4 nautical miles (nm) of the Southern
As prescribed in 23.804(b), insert the considers the best available scientific, Islands (i.e., Rota, Aquijan, Tinian,
following provision: commercial, and other information Saipan and Farallon de Medenilla) and
about the fisheries, and supports the within 10 nm of Alamagan Island.
Public Disclosure of Greenhouse Gas long-term sustainability of fishery
Emissions and Reduction Goals- The Council established the
resources. prohibited areas in 2008 in response to
Representation (Date)
(a) Response to this provision is optional DATES: NMFS must receive comments concerns expressed by CNMI fishermen
if the Offeror received less than $7.5 million on the proposed amendment by July 25, that Guam bottomfish fishermen would
in contract awards in the Federal fiscal year 2016. travel to fish in CNMI waters after
preceding any representation. ADDRESSES: You may submit comments establishment of the large vessel
(b) Representation. [Offeror to check on this document, identified by NOAA– prohibited fishing area in Guam. CNMI
applicable blocks in (1) or (2).] fishermen were concerned that such
(1) The Offeror (itself or through its
NMFS–2015–0115, by either of the
following methods: additional fishing by the vessels from
immediate owner or highest-level owner)
publicly [ ] does, [ ] does not disclose • Electronic Submission: Submit all Guam would create localized depletion
greenhouse gas emissions, i.e., makes electronic public comments via the of bottomfish, gear conflicts, and catch
available on a publicly accessible Web site Federal e-Rulemaking Portal. Go to competition.
the results of a greenhouse gas inventory, www.regulations.gov/ The CNMI bottomfish fishery has
performed in accordance with the #!docketDetail;D=NOAA-NMFS-2015- changed since 2008, and the conditions
Greenhouse Gas Protocol Corporate Standard 0115, click the ‘‘Comment Now!’’ icon, that led the Council and NMFS to
or equivalent standard. A publicly accessible establish the prohibited areas are no
Web site includes the supplier’s own Web complete the required fields, and enter
site or via a recognized, third-party or attach your comments. longer present. Large vessels from Guam
greenhouse gas emissions reporting program. • Mail: Send written comments to have not shown interest in fishing for
(2) The Offeror (itself or through its Michael D. Tosatto, Regional CNMI bottomfish. The prohibited areas
immediate owner or highest-level owner [ ] Administrator, NMFS Pacific Islands may also be negatively impacting the
does, [ ] does not disclose a quantitative Region (PIR), 1845 Wasp Blvd. Bldg. CNMI bottomfish fishery. Only a few
greenhouse gas emissions reduction goal, i.e., 176, Honolulu, HI 96818. small vessels have been operating on a
a target to reduce absolute emissions or Instructions: NMFS may not consider regular basis, and the few medium and
emissions intensity by a specific quantity or
percentage. comments sent by any other method, to large vessels have faced declining
(c) If the Offeror checked ‘‘does’’ in any other address or individual, or participation, possibly as a result of
paragraphs (b)(1) or (b)(2) of this provision received after the end of the comment higher fuel costs that prevent them from
respectively, the Offeror shall provide the period. All comments received are a traveling beyond the prohibited areas.
publicly accessible Web site(s) where part of the public record, and NMFS The CNMI bottomfish fishery may not
greenhouse gas emissions and/or reduction will generally post them for public be achieving optimum yield, and the
goals are reported:lll. viewing on www.regulations.gov prohibited areas may be contributing to
(End of provision) without change. All personal identifying the potential under-utilization of the
[FR Doc. 2016–12226 Filed 5–24–16; 8:45 am] information (e.g., name, address, etc.), bottomfish resource in CNMI.
BILLING CODE 6820–EP–P
confidential business information, or To address fishery conditions
otherwise sensitive information resulting from the BF prohibited areas,
submitted voluntarily by the sender will the Council recommended that NMFS
be publicly accessible. NMFS will remove them. The Council and NMFS
DEPARTMENT OF COMMERCE
accept anonymous comments (enter ‘‘N/ would continue to manage the fishery
National Oceanic and Atmospheric A’’ in the required fields if you wish to under a suite of management
Administration remain anonymous). requirements that include the
The Council prepared Amendment 4, specification of annual catch limits and
50 CFR Part 665 including an environmental assessment accountability measures, post-season
and regulatory impact review, that review of catches and effort including
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RIN 0648–BF37 provides background information on the against ACLs, requirements for vessel
proposed action. The amendment is markings, federal catch and sales
Mariana Archipelago Fisheries;
available from www.regulations.gov or reporting, and the vessel monitoring
Remove the CNMI Medium and Large
the Council, 1164 Bishop St., Suite system. The fishing requirements for the
Vessel Bottomfish Prohibited Areas
1400, Honolulu, HI 96813, tel 808–522– Marianas Trench Marine National
AGENCY: National Marine Fisheries 8220, fax 808–522–8226, Monument would also remain
Service (NMFS), National Oceanic and www.wpcouncil.org. unchanged.
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Document Created: 2018-02-07 15:03:29
Document Modified: 2018-02-07 15:03:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Interested parties should submit written comments to the | |
| Contact | Mr. 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. | |
| FR Citation | 81 FR 33192 | |
| RIN Number | 9000-AN20 | |
| CFR Citation | 48
CFR
1 48 CFR 23 48 CFR 4 48 CFR 52 |
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