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Thursday,

August 17, 2006

Part II

Department of
Agriculture
Office of Energy Policy and New Uses

7 CFR Part 2902


Designation of Biobased Items for Federal
Procurement; Proposed Rule
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47566 Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 / Proposed Rules

DEPARTMENT OF AGRICULTURE SW., MS–3815, Washington, DC 20250– of 2005, Public Law 109–58 (Energy
3815. Policy Act), provides for the preferred
Office of Energy Policy and New Uses • Persons with disabilities who procurement of biobased products by
require alternative means for procuring agencies. Section 943 of the
7 CFR Part 2902 communication for regulatory Energy Policy Act amended the
information (braille, large print, definitions section of FSRIA, 7 U.S.C.
RIN 0503–AA30
audiotape, etc.) should contact the 8101, by adding a definition of
Designation of Biobased Items for USDA TARGET Center at (202) 720– ‘‘procuring agency’’ that includes both
Federal Procurement 2600 (voice) and (202) 401–4133 (TDD). Federal agencies and ‘‘any person
FOR FURTHER INFORMATION CONTACT: contracting with any Federal agency
AGENCY: Office of Energy Policy and Marvin Duncan, USDA, Office of the with respect to work performed under
New Uses, USDA. Chief Economist, Office of Energy Policy that contract.’’ The amendment also
ACTION: Notice of proposed rulemaking. and New Uses, Room 4059, South made Federal contractors, as well as
Building, 1400 Independence Avenue, Federal agencies, expressly subject to
SUMMARY: The U.S. Department of SW., MS–3815, Washington, DC 20250– the procurement preference provisions
Agriculture (USDA) is proposing to 3815; e-mail: mduncan@oce.usda.gov; of section 9002 of FSRIA. However,
amend 7 CFR part 2902, Guidelines for phone (202) 401–0461. Information because this program requires agencies
Designating Biobased Products for regarding the Federal Biobased Products to incorporate the preference for
Federal Procurement, to add 10 sections Preferred Procurement Program is biobased products into procurement
to designate the following 10 items available on the Internet at http:// specifications, the statutory amendment
within which biobased products would www.biobased.oce.usda.gov. makes no substantive change to the
be afforded Federal procurement program. USDA amended the
preference, as provided for under SUPPLEMENTARY INFORMATION: The Guidelines to incorporate the new
section 9002 of the Farm Security and information presented in this preamble definition of ‘‘procuring agency’’
Rural Investment Act of 2002: Adhesive is organized as follows: through an interim final rule.
and mastic removers; insulating foam I. Authority Procuring agencies must procure
for wall construction; hand cleaners and II. Background biobased products within each
sanitizers; composite panels; fluid-filled III. Summary of Today’s Proposed designated item unless they determine
transformers; biodegradable containers; Rulemaking that products within a designated item
fertilizers; metalworking fluids; IV. Designation of Items, Minimum Biobased are not reasonably available within a
Contents, and Time Frame reasonable period of time, fail to meet
sorbents; and graffiti and grease A. Background
removers. USDA also is proposing the reasonable performance standards of
B. Items Proposed for Designation
minimum biobased content for each of C. Minimum Biobased Contents
the procuring agencies, or are available
these items. Once USDA designates an D. Effective Date for Procurement only at an unreasonable price. As stated
item, procuring agencies are required Preference and Incorporation Into in the Guidelines, biobased products
generally to purchase biobased products Specifications that are merely incidental to Federal
within these designated items where the V. Where Can Agencies Get More Information funding are excluded from the preferred
purchase price of the procurement item on These USDA-Designated Items? procurement program. In implementing
exceeds $10,000 or where the quantity VI. Regulatory Information the preferred procurement program for
A. Executive Order 12866: Regulatory biobased products, procuring agencies
of such items or the functionally Planning and Review
equivalent items purchased over the should follow their procurement rules
B. Regulatory Flexibility Act (RFA) and Office of Federal Procurement
preceding fiscal year equaled $10,000 or C. Executive Order 12630: Governmental
more. Actions and Interference With
Policy guidance on buying non-biobased
Constitutionally Protected Property products when biobased products exist
DATES: USDA will accept public
Rights and should document exceptions taken
comments on this proposed rule until
D. Executive Order 12988: Civil Justice for price, performance, and availability.
October 16, 2006. USDA recognizes that the
Reform
ADDRESSES: You may submit comments E. Executive Order 13132: Federalism performance needs for a given
by any of the following methods. All F. Unfunded Mandates Reform Act of 1995 application are important criteria in
submissions received must include the G. Executive Order 12372: making procurement decisions. USDA is
agency name and Regulatory Intergovernmental Review of Federal not requiring procuring agencies to limit
Information Number (RIN). The RIN for Programs their choices to biobased products that
this rulemaking is 0503–AA30. Also, H. Executive Order 13175: Consultation fall under the items for designation in
please identify submittals as pertaining and Coordination With Indian Tribal
Governments
this proposed rule. Rather, the effect of
to the ‘‘Proposed Designation of Items.’’ I. Paperwork Reduction Act the designation of the items is to require
• Federal eRulemaking Portal: http:// J. Government Paperwork Elimination Act procuring agencies to determine their
www.regulations.gov. Follow the Compliance performance needs, determine whether
instructions for submitting comments. there are qualified biobased products
• E-mail: fb4p@oce.usda.gov. Include I. Authority that fall under the designated items that
RIN number 0503–AA30 and ‘‘Proposed The designation of these items is meet the reasonable performance
Designation of Items’’ on the subject proposed under the authority of section standards for those needs, and purchase
line. Please include your name and 9002 of the Farm Security and Rural such qualified biobased products to the
address in your message. Investment Act of 2002 (FSRIA), 7 maximum extent practicable as required
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• Mail/commercial/hand delivery: U.S.C. 8102 (referred to in this by section 9002.


Mail or deliver your comments to: document as ‘‘section 9002’’). Section 9002 also requires USDA to
Marvin Duncan, USDA, Office of the provide information to procuring
Chief Economist, Office of Energy Policy II. Background agencies on the availability, relative
and New Uses, Room 4059, South Section 9002 of FSRIA, as amended price, performance, and environmental
Building, 1400 Independence Avenue, by section 943 of the Energy Policy Act and public health benefits of such items

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Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 / Proposed Rules 47567

and, under section 9002(e)(1)(C), to certain environmental or health carbon cycle and limit the introduction
recommend where appropriate the requirements that the EPA-designated of new fossil carbon into the
minimum level of biobased content to recovered content product would not atmosphere, whereas non-biobased
be contained in the procured products. meet, then the biobased product should products derived from fossil fuels add
Overlap with EPA Comprehensive be given preference, subject to cost, new fossil carbon to the atmosphere.
Procurement Guidelines program for availability, and performance. Manufacturers of qualifying biobased
recovered content products. Some of the Federal Government Purchase of products under the Federal Biobased
biobased items designated for preferred ‘‘Green’’ Products. Three components of Products Preferred Procurement
procurement may overlap with products the Federal government’s green Program (FB4P) will be able to provide,
designated under the Environmental purchasing program are the Biobased at the request of Federal agencies,
Protection Agency’s (EPA) Products Preferred Purchasing Program, factual information on environmental
Comprehensive Procurement Guidelines the Environmental Protection Agency’s and human health effects of their
program for recovered content products. Comprehensive Procurement Guidelines products, including the results of the
Where that occurs, an EPA-designated for products containing recovered BEES analysis, which examines 11
recovered content product (also known materials, and the Environmentally different environmental parameters,
as ‘‘recycled content products’’ or ‘‘EPA- Preferable Products Program. The Office including human health, or the
designated products’’) has priority in of the Federal Environmental Executive comparable ASTM D7505. Therefore,
Federal procurement over the qualifying (OFEE) and the Office of Management USDA encourages Federal procurement
biobased product. In situations where and Budget (OMB) encourage agencies agencies to examine all available
USDA believes there may be an overlap, to implement these components information on the environmental and
it plans to ask manufacturers of comprehensively when purchasing human health effects of cleaning
qualifying biobased products to provide products and services. products when making their purchasing
additional product and performance In the case of cleaning products, decisions.
information including the various procuring agencies should note that not Green Building Council. More than a
suggested uses of their product and the all biobased products are dozen Federal agencies use the U.S.
performance standards against which a ‘‘environmentally preferable.’’ Unless Green Building Council’s Leadership in
particular product has been tested. In the cleaning products contain no or Energy and Environmental Design
addition, depending on the type of reduced levels of metals and toxic and (LEED) Green Building Rating Systems
biobased product, manufacturers may hazardous constituents, they can be for new construction, building
also be asked to provide other types of harmful to aquatic life, the environment, renovation, and building operation and
information, such as whether the or workers. When purchasing maintenance. The systems provide
product contains petroleum-, coal-, or environmentally preferable cleaning criteria for implementing sustainable
natural gas-based components and products, many Federal agencies specify design principles in building design,
whether the product contains recovered that products must meet Green Seal construction, operation, and
materials. Federal agencies may also ask standards for institutional cleaning maintenance. Points are assigned to
manufacturers for information on a products or that products have been each criterion, and building projects can
product’s biobased content and its reformulated in accordance with be certified as ‘‘certified,’’ ‘‘silver,’’
profile against environmental and recommendations from the U.S. EPA’s ‘‘gold,’’ or ‘‘platinum,’’ depending on
human health measures and life cycle Design for the Environment (DfE) the number of points for which the
costs (the Building for Environmental program. Both the Green Seal standards project qualifies. LEED for New
and Economic Sustainability (BEES) and the DfE program identify chemicals Construction and Major Renovations
analysis or ASTM International (ASTM) of concern in cleaning products. These (LEED–NC) includes a ‘‘Materials &
Standard D7075 for evaluating and include zinc and other metals, Resources’’ criterion, with one point
reporting on environmental formaldehyde, ammonia, alkylphenol allocated for the use of rapidly
performance of biobased products). ethoxylates, ethylene glycol, and renewable materials. Thus, the use of
Such information will assist Federal volatile organic compounds. In biobased construction products can help
agencies in determining whether the addition, both require that cleaning agencies obtain LEED certification for
biobased products in question are, or are products have neutral or less caustic their building construction projects.
not, the same products for the same uses pH. Interagency Council. USDA has
as the recovered content products and On the other hand, some biobased created, and is chairing, an ‘‘interagency
will be available on USDA’s Web site products may be better for the council,’’ with membership selected
with its catalog of qualifying biobased environment than some products that from among Federal stakeholders to the
products. meet Green Seal standards for FB4P. To augment its own research,
Where a biobased item is used for the institutional cleaning products or that USDA consults with this council in
same purposes and to meet the same have been reformulated in accordance identifying the order of item
requirements as an EPA-designated with the DfE program. To fully compare designation, manufacturers producing
recovered content product, the Federal products, one must look at the ‘‘cradle- and marketing products that fall within
agency must purchase the recovered to-grave’’ impacts of the manufacture, an item proposed for designation,
content product. For example, if a use, and disposal of products. Biobased performance standards used by Federal
biobased hydraulic fluid is to be used as products that will be available for agencies evaluating products to be
a fluid in hydraulic systems and preferred procurement under this procured, and warranty information
‘‘lubricating oils containing re-refined program have been assessed as to their used by manufacturers of end user
oil’’ has already been designated by EPA ‘‘cradle-to-grave’’ impacts. equipment and other products with
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for that purpose, then the Federal One consideration of a product’s regard to biobased products.
agency must purchase the EPA- impact on the environment is whether
designated recovered content product, (and to what degree) it introduces new III. Summary of Today’s Proposed
‘‘lubricating oils containing re-refined fossil carbon into the atmosphere. Rulemaking
oil.’’ If, on the other hand, that biobased Qualifying biobased products offer the Today, USDA is proposing to
hydraulic fluid is to be used to address user the opportunity to manage the designate the following 10 items for

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47568 Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 / Proposed Rules

preferred procurement: Adhesive and that the procurement agent would not 2. We are proposing a single item
mastic removers; insulating foam for be required to buy such a product. As designation for hand cleaners and
wall construction; hand cleaners and information is available on warranties, sanitizers. We are seeking comment as
sanitizers; composite panels; fluid-filled USDA will make such information to whether there are different
transformers; biodegradable containers; available on its FB4P Web site. performance standards for this item and,
fertilizers; metalworking fluids; Additional Information. USDA is if so, whether USDA should consider
sorbents; and graffiti and grease working with manufacturers and either creating subcategories within this
removers. USDA is also proposing vendors to post all relevant product and item, each with its own minimum
minimum biobased content for each of manufacturer contact information on the biobased content, or limiting the scope
these items (see Section IV.C). Lastly, FB4P Web site before a procuring of the current item and proposing one
USDA is proposing a date by which agency asks for it, in order to make the or more new items for hand cleaners
Federal agencies must incorporate preferred program more efficient. Steps and sanitizers. In your comments,
designated items into their procurement USDA has implemented, or will please be sure to identify specific
specifications (see Section IV.D). implement, include: Making direct performance standards and rationale for
In today’s proposed rulemaking, contact with submitting companies either subdividing the current proposed
USDA is providing information on its through email and phone conversations item or for limiting the scope of the
findings as to the availability, economic to encourage completion of product current proposed item and proposing
and technical feasibility, environmental listing; coordinating outreach efforts one or more new items for hand
and public health benefits, and life with intermediate material producers to cleaners and sanitizers.
cycle costs for each of the 10 designated encourage participation of their 3. We are proposing a single
items. Information on the availability, customer base; conducting targeted minimum biobased content for the item
relative price, performance, and outreach with industry and commodity insulation foam for wall construction.
environmental and public health groups to educate stakeholders on the The proposed minimum biobased
benefits of individual products within importance of providing complete content is based on two measured
each of these 10 items is not presented product information; participating in biobased contents, one for a spray foam
in this notice. Further, USDA has industry conferences and meetings to product and one for a rigid foam
reached an agreement with educate companies on program benefits product. USDA is interested in receiving
manufacturers not to publish their and requirements; and communicating comments as to whether USDA should
names in the Federal Register when the potential for expanded markets set a minimum biobased content for
designating items. This agreement was beyond the Federal government, to spray foam products and one for rigid
reached to encourage manufacturers to include State and local governments, as foam products. Please be sure to provide
submit products for testing to support well as the general public markets. your rationale for your comments.
the designation of an item. Once an item Section V provides instructions to
4. We have attempted to identify
has been designated, USDA will agencies on how to obtain this
relevant and appropriate performance
encourage the manufacturers of information on products within these
standards and other relevant measures
products within the designated item to items through the following Web site:
of performance for each of the proposed
voluntarily post their names and other http://www.biobased.oce.usda.gov.
Comments. USDA invites comment items. If you know of other such
contact information on the USDA FB4P
on the proposed designation of these 10 standards or relevant measures of
Web site.
Warranties. Some of the items being items, including the definition, performance for the proposed items,
proposed for designation today may proposed minimum biobased content, USDA requests that you submit
affect maintenance warranties. As time and any of the relevant analyses information identifying such standards
and resources allow, USDA will work performed during the selection of these and measures, including their name
with manufacturers on addressing any items. In addition, USDA invites (and other identifying information as
effect the use of biobased products may comments and information in the necessary), identifying who is using the
have on maintenance warranties. At this following areas: standard/measure, and describing the
time, however, USDA does not have 1. Four of the items being proposed circumstances under which the product
information available as to whether or for designation (insulating foam, is being used.
not the manufacturers will state that the composite panels, fertilizers, and 5. Many biobased products within the
use of these products will void sorbents) may overlap with products items being proposed for designation
maintenance warranties. USDA designated under EPA’s Comprehensive will have positive environmental and
encourages manufacturers of biobased Procurement Guidelines for products human health attributes. USDA is
products to work with original containing recovered material. To help seeking comments on such attributes in
equipment manufacturers (OEMs) to procuring agencies in making their order to provide additional information
ensure that biobased products will not purchasing decisions between biobased on the FB4P Web site. This information
void maintenance warranties when products within the proposed will then be available to Federal
used. USDA is willing to assist designated items that overlap with procuring agencies and will assist them
manufacturers of the biobased products, products containing recovered material, in making ‘‘best value’’ purchase
if they find that existing performance USDA is requesting from manufacturers decisions. When possible, please
standards for maintenance warranties and users product specific information provide appropriate documentation to
are not relevant or appropriate for on unique performance attributes, support the environmental and human
biobased products, in working with the environmental and human health health attributes you describe.
appropriate OEMs to develop tests that effects, disposal costs, and other To assist you in developing your
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are relevant and appropriate for the end attributes that would distinguish comments, the background information
uses in which biobased products are biobased products from products used in proposing these items for
intended. If despite these efforts there is containing recovered material, as well designation can be found on the FB4P
insufficient information regarding the as non-biobased products. USDA will Web site. All comments should be
use of a biobased product and its effect post this information on the FB4P Web submitted as directed in the ADDRESSES
on maintenance warranties, USDA notes site. section above.

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IV. Designation of Items, Minimum environmental performance analysis As discussed above, the BEES
Biobased Contents, and Time Frame includes human health as one of its analysis includes information on the
components. All stages in the life of a environmental performance, human
A. Background
product are analyzed: Raw material health impacts, and economic
In order to designate items (generic production; manufacture; performance. In addition, ASTM D7505,
groupings of specific products such as transportation; installation; use; and which manufacturers may use in lieu of
crankcase oils or products that contain recycling and waste management. The the BEES analytical tool, provides
qualifying biobased fibers) for preferred time period over which environmental similar information. USDA is working
procurement, section 9002 requires performance is measured begins with with manufacturers and vendors to post
USDA to consider: (1) The availability raw material production and ends with this information on the FB4P Web site
of items; and (2) the economic and disposal (waste management). The BEES before a procuring agency asks for it, in
technological feasibility of using the environmental performance analysis order to make the preferred
items, including the life cycle costs of also addresses products made from procurement program more efficient. As
the items. biobased feedstocks. discussed earlier, USDA has also
In considering an item’s availability, Economic performance in the BEES implemented, or will implement,
USDA uses several sources of several other steps intended to educate
analysis is measured using the ASTM
information. USDA performs Internet the manufacturers and other
standard life cycle cost method (ASTM
searches, contacts trade associations stakeholders on the benefits of this
E917), which covers the costs of initial
(such as the Biobased Manufacturers program and the need to post this
investment, replacement, operation,
Association) and commodity groups, information, including manufacturer
maintenance and repair, and disposal.
searches the Thomas Register (a contact information, on the FB4P Web
The time frame for economic
database, used as a resource for finding site to make it available to procurement
performance extends from the purchase
companies and products manufactured officials. Additional information on
of the product to final disposal.
in North America, containing over specific products within the items
173,000 entries), and contacts USDA then utilizes the BEES results
of individual products within a proposed for designation may also be
individual manufacturers and vendors obtained directly from the
to identify those manufacturers and designated item in its consideration of
the life cycle costs at the item level. manufacturers of the products.
vendors with biobased products within USDA recognizes that information
items being considered for designation. There is a single unit of comparison
related to the functional performance of
USDA uses the results of these same associated with each designated item.
biobased products is a primary factor in
searches to determine if an item is The basis for the unit of comparison is
making the decision to purchase these
generally available. the ‘‘functional unit,’’ defined so that
products. USDA is gathering from
In considering an item’s economic the products compared are true
manufacturers of biobased products
and technological feasibility, USDA substitutes for one another. If significant
being considered for designation
examines evidence pointing to the differences have been identified in the information on industry standard test
general commercial use of an item and useful lives of alternative products methods that they are using to evaluate
its cost and performance characteristics. within a designated item (e.g., if one the functional performance of their
This information is obtained from the product lasts twice as long as another), products. Additional standards are also
sources used to assess an item’s the functional unit will include being identified during meetings of the
availability. Commercial use, in turn, is reference to a time dimension to Interagency Council and during the
evidenced by any manufacturer and account for the frequency of product review process for each proposed rule.
vendor information on the availability, replacement. The functional unit also We have listed under the detailed
relative prices, and performance of their will account for products used in discussion of each item proposed for
products as well as by evidence of an different amounts for equivalent service. designation (presented in Section IV.B)
item being purchased by a procuring For example, one surface coating the functional performance test methods
agency or other entity, where available. product may be environmentally and identified during the development of
In sum, USDA considers an item economically preferable to another on a this Federal Register notice for these 10
economically and technologically pound-for-pound basis, but may require items. While this process identifies
feasible for purposes of designation if twice the mass to cover one square foot many of the relevant standards, USDA
products within that item are being of surface, and last half as long, as the recognizes that the performance test
offered and used in the marketplace. other product. To account for these methods identified herein do not
In considering the life cycle costs of performance differences, the functional represent all of the methods that may be
items proposed for designation, USDA unit for the surface coating item could applicable for a designated item or for
uses the BEES analytical tool to test be ‘‘one square foot of application for 20 any individual product within the
individual products within each years’’ instead of ‘‘one pound of surface designated item. As noted earlier in this
proposed item. (Detailed information on coating product.’’ The functional unit preamble, USDA is requesting
this analytical tool can be found on the provides the critical reference point to identification of other relevant
Web site http://www.bfrl.nist.gov/oae/ which all BEES results for products performance standards and measures of
software/bees.html.) The BEES within an item are scaled. Because performance. As the program becomes
analytical tool measures the functional units vary from item to item, fully implemented, these and other
environmental performance and the performance comparisons are valid only additional relevant performance
economic performance of a product. among products within a designated standards will be available on the FB4P
Environmental performance is item. Web site.
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measured in the BEES analytical tool The complete results of the BEES In gathering information relevant to
using the internationally-standardized analysis, extrapolated to the item level, the analyses discussed above, USDA has
and science-based life cycle assessment for each item proposed for designation made extensive efforts to contact and
approach specified in the International in today’s proposed rulemaking can be request information and product
Organization for Standardization (ISO) found at http:// samples from representatives of all
14000 standards. The BEES www.biobased.oce.usda.gov. known manufacturers of products

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within the items proposed for independent manufacturers. These demand for agricultural commodities
designation. However, because the evaluations begin by asking the that can serve as feedstocks for the
submission of information is on a following questions about the products production of biobased products;
strictly voluntary basis, USDA was able within an item: • To spur development of the
to obtain information and samples only • Are they cost competitive with non- industrial base through value-added
from those manufacturers who were biobased products? agricultural processing and
willing voluntarily to invest the • Do they meet industry performance manufacturing in rural communities;
resources required to gather and submit standards? and
the information and samples. USDA • Are they readily available on the • To enhance the nation’s energy
used the samples to test for biobased commercial market? security by substituting biobased
content and the information to conduct In addition to these primary concerns, products for products derived from
the BEES analyses. The data presented USDA then considers the following imported oil and natural gas.
are all the data that were submitted in points: Further, USDA has sufficient
response to USDA requests for • Are there manufacturers interested information on these 10 items to
information from all known in providing the necessary test determine their availability and to
manufacturers of the products within information on products within a conduct the requisite analyses to
the 10 items proposed for designation. particular item? determine their biobased content and
While USDA would prefer to have • Are there a number of their economic and technological
complete data on the full range of manufacturers producing biobased feasibility, including life cycle costs.
products within each item, the data that products in this item? Mature Markets. Section 2902.5(c)(2)
were submitted are sufficient to support • Are there products available in this of the final guidelines states that USDA
designation of the items in today’s item? will not designate items for preferred
proposed rulemaking. • What level of difficulty is expected procurement that are determined to
To propose an item for designation, when designating this item? have mature markets. Mature markets
USDA must have sufficient information • Is there Federal demand for the are described as items that had
on a sufficient number of products product? significant national market penetration
within an item to be able to assess its • Are Federal procurement personnel in 1972. USDA contacted
availability and its economic and looking for biobased products? manufacturers, manufacturing
technological feasibility, including its • Will an item create a high demand associations, and industry researchers to
life cycle costs. For some items, there for biobased feed stock? determine if, in 1972, biobased products
may be numerous products available. • Does manufacturing of products had a significant market share within
For other items, there may be very few within this item increase potential for any of the items proposed for
products currently available. Given the rural development? designation today. USDA found that
infancy of the market for some items, it After completing this evaluation, biobased products within none of the 10
is not unexpected that even single- USDA prioritizes the list of items for items proposed for designation today
product items will be identified. designation. USDA then gathers had a significant market share in 1972
Further, given that the intent of section information on products within the and that, generally, the companies that
9002 is largely to stimulate the highest priority items and, as sufficient produce biobased products within these
production of new biobased products information becomes available for proposed designated items have been in
and to energize emerging markets for groups of approximately 10 items, a new business for only 10 to 20 years.
those products, USDA has determined rulemaking package will be developed Overlap with EPA-Designated
that the identification of two or more to designate the items within that group. Recovered Content Products. In today’s
biobased products within an item, or The list of items may change, with items proposed rule, 4 of the 10 items may
even a single product with two or more being added or dropped, and the order overlap with EPA-designated recovered
suppliers, is sufficient to consider the in which items are proposed for content products. These four items are:
designation of that item. Similarly, the designation is likely to change because Insulating foam, composite panels,
documented availability, benefits, and the information necessary to designate fertilizers, and sorbents. For these four
life cycle costs of even a very small an item may take more time to obtain items, USDA is requesting that certain
percentage of all products that may exist than an item lower on the list. information on the qualifying biobased
within an item are also considered In today’s proposed rulemaking, products be made available by their
sufficient to support designation. USDA is proposing to designate 10 manufacturers to assist Federal agencies
items for the preferred procurement in determining if an overlap exists
B. Items Proposed for Designation program: Adhesive and mastic between the qualifying biobased
USDA uses a model (as summarized removers; insulating foam for wall product and the applicable EPA-
below) to identify and prioritize items construction; hand cleaners and designated recovered content product.
for designation. Through this model, sanitizers; composite panels; fluid-filled As noted earlier in this preamble, USDA
USDA has identified over 100 items for transformers; biodegradable containers; is requesting information on overlap
potential designation under the fertilizers; metalworking fluids; situations to further help procuring
preferred procurement program. A list sorbents; and graffiti and grease agencies make informed decisions when
of these items and information on the removers. USDA has determined that faced with purchasing a recovered
model can be accessed on the USDA each of these 10 items meets the content material product or a biobased
biobased program Web site at http:// necessary statutory requirements— product. As this information is
www.biobased.oce.usda.gov. namely, that they are being produced developed, USDA will make it available
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In general, items are developed and with biobased products and that their on the FB4P Web site.
prioritized for designation by evaluating procurement by procuring agencies will Exemptions. When proposing items
them against program criteria carry out the following objectives of for preferred procurement under the
established by USDA and by gathering section 9002: FB4P, USDA will identify, on an item-
information from other government • To increase demand for biobased by-item basis, items that would be
agencies, private industry groups, and products, which would in turn increase exempt from preferred procurement on

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the basis of their use in products and Each of the 10 proposed designated that procurement data are reported in
systems designed or procured for items are discussed in the following higher level groupings of materials and
combat or combat-related missions. sections. supplies than the proposed designated
USDA believes it is inappropriate to items. Also, the purchasing of such
1. Adhesive and Mastic Removers
apply the biobased purchasing materials as part of contracted services
requirement to tactical equipment Adhesive and mastic removers and with individual purchase cards
unless the Department of Defense has represent that group of industrial used to purchase products locally
documented that these products can cleaning solvent products formulated further obscures credible data on
meet the performance requirements for for use in removing asbestos, carpet, and purchases of specific products.
such equipment and are available in ceramic tile mastics as well as adhesive
materials, including glue, tape, and USDA also investigated the Web site
sufficient supply to meet domestic and http://www.fedbizopps.gov, a site which
overseas deployment needs. After gum, from various surface types.
Products in this item eliminate the need lists Federal contract purchase
evaluating these situations for each of opportunities greater than $25,000. The
the 10 items being proposed for to sand and grind glue and adhesives
from parts, floors, or walls, significantly information provided on this Web site,
designation, USDA is proposing to however, is for broad categories of
exempt fluid-filled transformers from reducing the time required on a project.
These products are typically formulated products rather than the specific types
preferred procurement under the FB4P
from natural soy-based or citrus-based of products that are included in today’s
when used in combat or combat-related
feedstocks. rulemaking. Therefore, USDA has been
missions.
For the reasons cited earlier in this unable to obtain data on the amount of
USDA is proposing an exemption for
notice, USDA is proposing to exempt adhesive and mastic removers
all designated items when used in
this item from preferred procurement purchased by procuring agencies.
spacecraft systems and launch support
under the FB4P when used in spacecraft However, Federal agencies routinely
equipment, because failure of such
systems and launch support equipment. procure building construction,
items could lead to catastrophic For biobased adhesive and mastic renovation, cleaning, and repair services
consequences. Many, if not all, items removers, USDA identified 11 different and materials, including adhesive and
that USDA is or is planning to designate manufacturers producing 13 individual mastic removers. Thus, they have a need
for preferred procurement are or will be biobased products. These 11 for adhesive and mastic removers and
used in space applications. Frequently, manufacturers do not necessarily for services that require the use of
such applications used these items in include all manufacturers of biobased
ways that are different from their more adhesive and mastic removers.
adhesive and mastic removers, merely Designation of adhesive and mastic
‘‘conventional’’ use on Earth. It is those identified during USDA
difficult, if not impossible, to forecast removers will promote the use of
information gathering activities. biobased products, furthering the
what situations may occur when these Information supplied by these
items are used in space and how they objectives of this program.
manufacturers indicates that each of
will perform. Therefore, USDA believes these products is being used An analysis of the environmental and
is it reasonable to limit the preferred commercially. Using the procedure human health benefits and the life cycle
procurement program to items used in described earlier in this notice, no costs of biobased adhesive and mastic
more conventional applications and is industry standard performance tests removers was performed for two of the
proposing to exempt all designated were identified by the manufacturers products using the BEES analytical tool.
items used in space applications from who submitted information on these Table 1 summarizes the BEES results for
the FB4P. products or others. the two adhesive and mastic removers.
For each item being proposed for USDA contacted procurement As seen in Table 1, the environmental
exemption, the exemption does not officials with various procuring performance score, which includes
extend to contractors performing work agencies, including the General Services human health, ranges from 0.0257 to
for DoD or NASA. For example, if a Administration, several offices within 0.0625 points per gallon. The
contractor is producing a part for use on the Defense Logistics Agency, OFEE, environmental performance score
the space shuttle, the metalworking USDA Departmental Administration, indicates the share of annual per capita
fluid the contractor uses to produce the the National Park Service, the EPA, Oak U.S. environmental impacts that is
part should be biobased (provided it Ridge National Laboratory, and OMB, in attributable to one gallon of the product,
meets the specifications for an effort to gather information on the expressed in 100ths of 1 percent. For
metalworking). The exemption does purchases of products within the 10 example, the total amount of criteria air
apply, however, if the product being items proposed for designation today. pollutants emitted in the U.S. in one
purchased by the contractor is for use in Communications with these officials year was divided by the total U.S.
combat or combat-related missions or lead to the conclusion that obtaining population to derive a ‘‘criteria air
for use in space applications. For credible current usage statistics and pollutants per person value.’’ The
example, if the part being produced by specific potential markets within the production and use of one gallon of
the contractor would actually be part of Federal government for biobased adhesive and mastic remover sample A
the space shuttle, then the exemption products is not possible at this time. was estimated to contribute 0.000002
applies. Most of the contacted officials reported percent of this value.

TABLE 1.—SUMMARY OF BEES RESULTS FOR ADHESIVE AND MASTIC REMOVERS


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Adhesive and mastic


removers
Parameters
Sample A Sample B

BEES Environmental Performance—Total Score 1 ..................................................................................................... 0.0257 0.0625


Acidification (5%) ......................................................................................................................................................... 0.0000 0.0000

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47572 Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 / Proposed Rules

TABLE 1.—SUMMARY OF BEES RESULTS FOR ADHESIVE AND MASTIC REMOVERS—Continued


Adhesive and mastic
removers
Parameters
Sample A Sample B

Criteria Air Pollutants (6%) .......................................................................................................................................... 0.0002 0.0007


Ecological Toxicity (11%) ............................................................................................................................................ 0.0052 0.0170
Eutrophication (5%) ..................................................................................................................................................... 0.0015 0.0111
Fossil Fuel Depletion (5%) .......................................................................................................................................... 0.0110 0.0157
Global Warming (16%) ................................................................................................................................................ 0.0035 0.0062
Habitat Alteration (16%) .............................................................................................................................................. 0.0000 0.0000
Human Health (11%) ................................................................................................................................................... 0.0025 0.0085
Indoor Air (11%) .......................................................................................................................................................... 0.0000 0.0000
Ozone Depletion (5%) ................................................................................................................................................. 0.0000 0.0000
Smog (6%) ................................................................................................................................................................... 0.0011 0.0019
Water Intake (3%) ........................................................................................................................................................ 0.0007 0.0014
Economic Performance (Life Cycle Costs($)) 2 ........................................................................................................... 15.99 17.66
First Cost ..................................................................................................................................................................... 15.99 17.66
Future Cost (3.9%) ...................................................................................................................................................... (3) ( 3)
Functional Unit ............................................................................................................................................................. 1 gallon.
1 Numbers in parentheses indicate weighting factor.
2 Costs are per functional unit.
3 For this item, no significant/quantifiable performance or durability differences were identified among competing alternative products. There-
fore, future costs were not calculated.

When evaluating the information Present value dollars presented in this insulating foam for wall construction,
presented in Table 1, as well as in the preamble reflect 2005 dollars. Dollars merely those identified during USDA
subsequent tables presented in this are expressed in present value terms to information gathering activities.
preamble, the reader should be aware adjust for the effects of inflation. Future Information supplied by these
that comparisons of the environmental costs are discounted to present value manufacturers indicates that each of
performance scores are valid only using the OMB discount rate of 3.9 these products has been tested against
among products within a designated percent. one or more industry performance
item. Thus, comparisons of the scores The complete results of the BEES standards and is being used
presented in Table 1 and the scores analysis, extrapolated to the item level, commercially. While other applicable
presented in Tables 2 through 10 for for each item proposed for designation performance standards may exist,
other proposed designated items in this in today’s proposed rulemaking can be applicable industry performance
preamble are not meaningful. found at http:// standards against which these products
The numbers in parentheses following www.biobased.oce.usda.gov. have been typically tested, as identified
each of the 12 environmental impacts by manufacturers of products within
listed in the tables in this preamble 2. Insulating Foam for Wall
this item, include:
Construction
indicate weighting factors. The • ASTM E84–05, Standard Test
weighting factors represent the relative Insulating foam for wall construction Method for Surface Burning
importance of the 12 environmental represents that group of products Characteristics of Building Materials;
impacts, including human health designed as spray-in-place insulation • ASTM C177–04, Standard Test
impacts, that contribute to the BEES systems for residential or commercial Method for Steady-State Heat Flux
Environmental Score. They are derived construction applications. Products in Measurements and Thermal
from lists of the relative importance of this item provide a sealed thermal Transmission Properties by Means of
these impacts developed by the EPA barrier, which significantly simplifies the Guarded-Hot-Plate Apparatus;
Science Advisory Board for the purpose construction and reduces the effort • ASTM E283–04, Standard Test
of advising EPA as to how best to required on a project. Biobased Method for Determining Rate of Air
allocate its limited resources among insulating foams are typically Leakage Through Exterior Windows,
environmental impact areas. Note that a formulated from natural soy-based Curtain Walls, and Doors Under
lower Environmental Performance score feedstocks. Specified Pressure Differences Across
is better than a higher score. Qualifying products within this item the Specimen;
Life cycle costs presented in Tables 1 may overlap with the EPA-designated • ASTM D1622–03, Standard Test
through 10 in this preamble are per the recovered content product: Method for Apparent Density of Rigid
appropriate functional unit for the Construction—Building Insulation. Cellular Plastics;
proposed designated item. The life cycle For the reasons cited earlier in this • ASTM E96/E96M–05, Standard Test
costs of the submitted adhesive and notice, USDA is proposing to exempt Methods for Water Vapor Transmission
mastic removers range from $15.99 to this item from preferred procurement of Materials;
$17.66 (present value dollars) per under the FB4P when used in spacecraft • ASTM 90–04, Standard Test
gallon. Present value dollars presented systems and launch support equipment. Method for Laboratory Measurement of
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in this preamble represent the sum of all For biobased insulating foam for wall Airborne Sound Transmission Loss of
costs associated with a product over a construction, USDA identified 14 Building Partitions and Elements;
fixed period of time, including any different manufacturers producing 21 • ASTM C423–02a, Standard Test
applicable costs for purchase, individual biobased products. These 14 Method for Sound Absorption and
installation, replacement, operation, manufacturers do not necessarily Sound Absorption Coefficients by the
maintenance and repair, and disposal. include all manufacturers of biobased Reverberation Room Method;

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• ASTM C518–04, Standard Test insulating foam for wall construction. insulating foam for wall construction.
Method for Steady-State Thermal Thus, they have a need for insulating As seen in Table 2, the environmental
Transmission Properties by Means of foam for wall construction and for performance score, which includes
the Heat Flow Meter Apparatus; and services that require the use of human health, was 0.0018 points for a
• ASTM E84–05e1, Standard Test insulating foam for wall construction. quantity of material necessary to
Method for Surface Burning Designation of insulating foam for wall provide one square foot of insulated
Characteristics of Building Materials. construction will promote the use of wall surface for a period of 50 years.
USDA attempted to gather data on the biobased products, furthering the The environmental performance score
potential market for biobased products objectives of this program. indicates the share of annual per capita
within the Federal government as An analysis of the environmental and
described in the section on adhesive U.S. environmental impacts that is
human health benefits and the life cycle
and mastic removers. These attempts costs of biobased insulating foam for attributable to the quantity of material
were largely unsuccessful. However, wall construction was performed for one necessary to provide one square foot of
Federal agencies routinely procure of the products using the BEES insulated wall surface for a period of 50
building construction, renovation, and analytical tool. Table 2 summarizes the years, expressed in 100ths of 1 percent.
repair services and materials, including BEES results for the one sample of

TABLE 2.—SUMMARY OF BEES RESULTS FOR INSULATING FOAM FOR WALL CONSTRUCTION
Insulating
Parameters foam for wall
construction

BEES Environmental Performance—Total Score 1 ............................................................................................................................... 0.0018


Acidification (5%) ................................................................................................................................................................................... 0.0000
Criteria Air Pollutants (6%) .................................................................................................................................................................... 0.0000
Ecological Toxicity (11%) ...................................................................................................................................................................... 0.0002
Eutrophication (5%) ............................................................................................................................................................................... 0.0000
Fossil Fuel Depletion (5%) .................................................................................................................................................................... 0.0009
Global Warming (16%) .......................................................................................................................................................................... 0.0002
Habitat Alteration (16%) ........................................................................................................................................................................ 0.0000
Human Health (11%) ............................................................................................................................................................................. 0.0003
Indoor Air (11%) .................................................................................................................................................................................... 0.0000
Ozone Depletion (5%) ........................................................................................................................................................................... 0.0000
Smog (6%) ............................................................................................................................................................................................. 0.0001
Water Intake (3%) .................................................................................................................................................................................. 0.0001
Economic Performance (Life Cycle Costs($)) 2 ..................................................................................................................................... 1.10
First Cost ............................................................................................................................................................................................... 1.15
Future Cost (3.9%) 3 .............................................................................................................................................................................. ¥0.05
Functional Unit ....................................................................................................................................................................................... (4)
1 Numbers in parentheses indicate weighting factor.
2 Costs are per functional unit.
3 Note that because this product has a residual (or salvage) value after its initial use, the future cost is a negative value.
4 The quantity of material necessary to provide one square foot of insulated wall surface for a period of 50 years.

The life cycle cost of the submitted preferable’’ to non-biobased products. performance standard to be met. As
insulating foam for wall construction Unless cleaning products have been proposed, USDA is not differentiating
was $1.10 (present value dollars) for a formulated to contain no (or reduced between settings in which hand cleaners
quantity of material necessary to levels of) metals and toxic and and sanitizers are used.
provide one square foot of insulated hazardous constituents, they can be For the reasons cited earlier in this
wall surface for a period of 50 years. harmful to aquatic life, the environment, notice, USDA is proposing to exempt
or workers. When purchasing this item from preferred procurement
3. Hand Cleaners and Sanitizers
environmentally preferable cleaning under the FB4P when used in spacecraft
Hand cleaners and sanitizers products, Federal agencies must systems and launch support equipment.
represent that group of personal care compare the ‘‘cradle-to-grave’’ impacts For biobased hand cleaners and
products formulated for use in cleaning of the manufacture, use, and disposal of sanitizers, USDA identified 36 different
and sanitizing human hands. Products both biobased and non-biobased manufacturers producing 73 individual
in this item, which may be used with or products. biobased products. These 36
without water, are used to remove a As noted earlier in this preamble, manufacturers do not necessarily
variety of different soils, greases, and USDA is requesting comment on include all manufacturers of biobased
bacteria. These products significantly whether there should be one or more hand cleaners and sanitizers, merely
reduce the potential for transmitting subcategories within this item based on those identified during USDA
harmful bacteria. Biobased hand required performance properties of the information gathering activities.
cleaners and sanitizers are typically item. For example, hand cleaners and Information supplied by these
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formulated from natural corn, soy, or sanitizers used in medical situations manufacturers indicates that each of
citrus-based feedstocks. might be required to meet different these products has been tested against
Procuring agencies should note that, performance standards from those used one or more industry performance
as discussed in section II of this in households. If this is the case, then standards and is being used
preamble, not all biobased cleaning there may be differences in the level of commercially. While other applicable
products are ‘‘environmentally biobased content depending on the performance standards may exist,

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47574 Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 / Proposed Rules

applicable industry performance typical households. Procuring agencies, promote the use of biobased products,
standards against which these products therefore, may need to contact the furthering the objectives of this
have been typically tested, as identified manufacturer of a biobased product or program.
by manufacturers of products within access the FB4P Web site to obtain An analysis of the environmental and
this item, include: additional information on the human health benefits and the life cycle
• American Type Culture Collection performance specification of a product
costs of biobased hand cleaners and
Number 11229, Organism: Escherichia within this item.
coli (Migula) Castellani, and Chalmers; USDA attempted to gather data on the sanitizers was performed for three of the
and potential market for biobased products products using the BEES analytical tool.
• American Type Culture Collection within the Federal government as Table 3 summarizes the BEES results for
Number 6539 Organism: Salmonella described in the section on adhesive the three hand cleaners and sanitizers.
enterica subsp. enterica (ex Kauffmann and mastic removers. These attempts As seen in Table 3, the environmental
and Edwards) Le Minor and Popoff were largely unsuccessful. However, performance score, which includes
serovar Typhi; deposited as Salmonella Federal agencies routinely procure human health, ranges from 0.0227 to
typhi (Schroeter) Warren and Scott. washroom and janitorial services and 0.0412 points per gallon of hand cleaner
Some products within this item may materials, including hand cleaners and and sanitizer. The environmental
require ‘‘higher’’ standards than other sanitizers. Thus, they have a need for performance score indicates the share of
products. For example, hand cleaners hand cleaners and sanitizers and for annual per capita U.S. environmental
and sanitizers used in hospitals and services that require the use of hand impacts that is attributable to one gallon
medical clinics may require higher cleaners and sanitizers. Designation of of the product, expressed in 100ths of 1
levels of performance than those used in hand cleaners and sanitizers will percent.

TABLE 3.—SUMMARY OF BEES RESULTS FOR HAND CLEANERS AND SANITIZERS


Hand cleaners and sanitizers
Parameters
Sample A Sample B Sample C

BEES Environmental Performance—Total Score 1 ........................................................................... 0.0227 0.0347 0.0412


Acidification (5%) ............................................................................................................................... 0.0000 0.0000 0.0000
Criteria Air Pollutants (6%) ................................................................................................................ 0.0001 0.0002 0.0004
Ecological Toxicity (11%) .................................................................................................................. 0.0112 0.0128 0.0125
Eutrophication (5%) ........................................................................................................................... 0.0007 0.0034 0.0052
Fossil Fuel Depletion (5%) ................................................................................................................ 0.0063 0.0077 0.0102
Global Warming (16%) ...................................................................................................................... 0.0015 0.0028 0.0047
Habitat Alteration (16%) .................................................................................................................... 0.0000 0.0000 0.0000
Human Health (11%) ......................................................................................................................... 0.0017 0.0053 0.0058
Indoor Air (11%) ................................................................................................................................ 0.0000 0.0000 0.0000
Ozone Depletion (5%) ....................................................................................................................... 0.0000 0.0000 0.0000
Smog (6%) ......................................................................................................................................... 0.0008 0.0015 0.0014
Water Intake (3%) .............................................................................................................................. 0.0004 0.0010 0.0010
Economic Performance (Life Cycle Costs ($)) 2 ................................................................................ 17.02 17.30 21.24
First Cost ........................................................................................................................................... 17.02 17.30 21.24
Future Cost (3.9%) ............................................................................................................................ (3 ) (3 ) ( 3)
Functional Unit ................................................................................................................................... 1 gallon.
1 Numbers in parentheses indicate weighting factor.
2 Costs are per functional unit.
3 For this item, no significant/quantifiable performance or durability differences were identified among competing alternative products. There-
fore, future costs were not calculated.

The life cycle cost of the submitted require specific insulating values and For biobased composite panels, USDA
hand cleaners and sanitizers range from moisture protection properties. identified 26 different manufacturers
$17.02 to $21.24 (present value dollars) Procuring agencies, therefore, need to producing 51 individual biobased
per gallon. assess an individual product’s products. These 26 manufacturers do
performance specifications before using not necessarily include all
4. Composite Panels
in exterior applications. manufacturers of biobased composite
Composite panels represent that Qualifying products within this item panels, merely those identified during
group of engineered products designed may overlap with the following three USDA information gathering activities.
for use in non-structural construction EPA-designated recovered content Information supplied by these
applications, including wall panels, product: Construction—Laminated manufacturers indicates that each of
shelving, decorative panels, lavatory Paperboard and Structural Foam Board; these products has been tested against
dividers, and exterior signs. Biobased one or more industry performance
Construction—Shower and Restroom
composite panels are typically standards and is being used
Dividers; and Miscellaneous Products—
formulated from natural wheat or rice commercially. While other applicable
sroberts on PROD1PC70 with PROPOSALS

Signage.
straw, recycled or forest clean-up wood, performance standards may exist,
and paper industry wastes. This item For the reasons cited earlier in this applicable industry performance
applies to both interior and exterior notice, USDA is proposing to exempt standards against which these products
applications. However, some products this item from preferred procurement have been typically tested, as identified
within this item may not be applicable under the FB4P when used in spacecraft by manufacturers of products within
to all exterior applications, which may systems and launch support equipment. this item, include:

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• ASTM C473–03, Standard Test • ASTM E90–04, Standard Test composite panels. Designation of
Methods for Physical Testing of Gypsum Method for Laboratory Measurement of composite panels will promote the use
Panel Products; Airborne Sound Transmission Loss of of biobased products, furthering the
• ASTM D1037–99, Standard Test Building Partitions and Elements; objectives of this program.
Methods for Evaluating Properties of • ASTM E119–00a, Standard Test An analysis of the environmental and
Wood-Base Fiber and Particle Panel Methods for Fire Tests of Building human health benefits and the life cycle
Materials; Construction and Materials; and costs of biobased composite panels was
• ASTM D3273–00, Standard Test • ASTM E413–04, Classification for performed for two of the products using
Method for Resistance to Growth of Rating Sound Insulation. the BEES analytical tool. Table 4
Mold on the Surface of Interior Coatings USDA attempted to gather data on the summarizes the BEES results for the two
in an Environmental Chamber; potential market for biobased products composite panels. As seen in Table 4,
within the Federal government as the environmental performance score,
• ASTM D4060–01, Standard Test described in the section on adhesive which includes human health, ranges
Method for Abrasion Resistance of and mastic removers. These attempts from 0.0085 to 0.0113 points per square
Organic Coatings by the Taber Abraser; were largely unsuccessful. However, foot of partition for a period of 50 years.
• ASTM E72–05, Standard Test Federal agencies routinely procure The environmental performance score
Methods of Conducting Strength Tests building construction, renovation, and indicates the share of annual per capita
of Panels for Building Construction; repair services and materials, including U.S. environmental impacts that is
• ASTM E84–05, Standard Test composite panels. Thus, they have a attributable to one square foot of
Method for Surface Burning need for composite panels and for partition for a period of 50 years,
Characteristics of Building Materials services that require the use of expressed in 100ths of 1 percent.

TABLE 4.—SUMMARY OF BEES RESULTS FOR COMPOSITE PANELS


Composite panels
Parameters
Sample A Sample B

BEES Environmental Performance—Total Score 1 ..................................................................................................... 0.0085 0.0113


Acidification (5%) ......................................................................................................................................................... 0.0000 0.0000
Criteria Air Pollutants (6%) .......................................................................................................................................... 0.0001 0.0001
Ecological Toxicity (11%) ............................................................................................................................................ 0.0004 0.0010
Eutrophication (5%) ..................................................................................................................................................... 0.0001 0.0001
Fossil Fuel Depletion (5%) .......................................................................................................................................... 0.0044 0.0055
Global Warming (16%) ................................................................................................................................................ 0.0012 0.0016
Habitat Alteration (16%) .............................................................................................................................................. 0.0000 0.0000
Human Health (11%) ................................................................................................................................................... 0.0017 0.0026
Indoor Air (11%) .......................................................................................................................................................... 0.0000 0.0000
Ozone Depletion (5%) ................................................................................................................................................. 0.0000 0.0000
Smog (6%) ................................................................................................................................................................... 0.0004 0.0004
Water Intake (3%) ........................................................................................................................................................ 0.0002 0.0000
Economic Performance (Life Cycle Costs ($)) 2 .......................................................................................................... 2.37 4.96
First Cost ..................................................................................................................................................................... 2.37 4.96
Future Cost (3.9%) ...................................................................................................................................................... (3) ( 3)
Functional Unit ............................................................................................................................................................. one square foot of partition
over 50 years.
1 Numbers in parentheses indicate weighting factor.
2 Costs are per functional unit.
3 For this item, no significant/quantifiable performance or durability differences were identified among competing alternative products. There-
fore, future costs were not calculated.

The life cycle cost of the submitted is a biobased material. Therefore, the in spacecraft systems and launch
composite panels range from $2.37 to information presented in this preamble support equipment.
$4.96 (present value dollars) per square is based on analyses performed on USDA identified 5 different
foot of partition for a period of 50 years. biobased transformer fluids. However, manufacturers producing 12 individual
USDA is proposing to designate the item biobased products that are used as
5. Fluid-Filled Transformers
as ‘‘fluid-filled transformers,’’ because transformer fluids in fluid-filled
Fluid-filled transformers represent end users generally purchase ready-to- transformers. These five manufacturers
that group of electric power use transformers rather than purchasing do not necessarily include all
transformers designed to utilize a the electro-mechanical components manufacturers of biobased transformer
dielectric (non-conducting) fluid as a separately from the fluid. Biobased fluids, merely those identified during
means of insulating and cooling the transformer fluids are typically USDA information gathering activities.
electro-mechanical equipment inside formulated from vegetable oils, such as Information supplied by these
the transformer. soybean oil. manufacturers indicates that each of
sroberts on PROD1PC70 with PROPOSALS

The electro-mechanical components For the reasons cited earlier in this these products has been tested against
of a fluid-filled transformer are the same notice, USDA is proposing to exempt one or more industry performance
between fluid-filled transformers, with this item from preferred procurement standards and is being used
only the type of fluid varying. The under the FB4P when used in products commercially. While other applicable
dielectric fluid used in fluid-filled and systems designed or procured for performance standards may exist,
transformers is the only component that combat or combat-related missions and applicable industry performance

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47576 Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 / Proposed Rules

standards against which these products Liquids Under Electrical Stress and Capacity by Differential Scanning
have been typically tested, as identified Ionization (Modified Pirelli Method); Calorimetry;
by manufacturers of products within • ASTM D1298–99 (2005), Standard • APHA SM 5210B, (APHA =
this item, include: Test Method for Density, Relative American Public Health Association)
• ASTM D287–92 (2000) e1, Standard Density (Specific Gravity), or API • Biochemical Oxygen Demand
Test Method for API Gravity of Crude Gravity of Crude Petroleum and Liquid (BOD);
Petroleum and Petroleum Products Petroleum Products by Hydrometer
(Hydrometer Method); • EPA OPPTS 835.3100, Fate,
Method;
• ASTM D2882–00, Standard Test Transport, and Transformation Test
• ASTM D971–99a (2004), Standard
Method for Indicating the Wear Guidelines for Aerobic Aquatic
Test Method for Interfacial Tension of
Characteristics of Petroleum and Non- Biodegradation and Anaerobic
Oil Against Water by the Ring Method;
Petroleum Hydraulic Fluids in Constant Biodegradability of Organic Chemicals;
• EPA 9045C, Corrosivity and pH
Volume Vane Pump (Withdrawn 2003); and
Determination;
• American Petroleum Institute API • ASTM D974–04, Standard Test • OECD G.L 203, Acute Toxicity Test
GL–3, Lubricant with light EP effect for Method for Acid and Base Number by (Trout Fry).
transmissions and non-hypoid gear Color-Indicator Titration; USDA attempted to gather data on the
drives; • ASTM D445–04e2, Standard Test potential market for biobased products
• General Motors GM LS–2, General Method for Kinematic Viscosity of within the Federal government as
Motors Maintenance Lubricant Standard Transparent and Opaque Liquids (and described in the section on adhesive
LS–2 for Industrial Equipment and the Calculation of Dynamic Viscosity); and mastic removers. These attempts
Machine Tools; • ASTM 1533B, Water in Insulating were largely unsuccessful. However,
• German Institute for many Federal facilities utilize, or
Fluids;
Standardization DIN51524, Pressure
• CPS Method, Percent Saturation of contract for services that utilize,
fluids; hydraulic oils; HL, HLP, and transformers as part of their electrical
Moisture;
HVLP hydraulic oils; minimum
• ASTM D2779–92 (2002), Standard distribution systems. Thus, Federal
requirements. agencies have a need for fluid-filled
• ASTM D1816, Standard Test Test Method for Estimation of Solubility
of Gases in Petroleum Liquids; transformers and for services that
Method for Dielectric Breakdown
Voltage of Insulating Oils of Petroleum • ASTM D1524–94 (2004), Standard require the use of fluid-filled
Test Method for Visual Examination of transformers. Designation of fluid-filled
Origin Using VDE Electrodes; transformers will promote the use of
• ASTM D877–02e1, Standard Test Used Electrical Insulating Oils of
Petroleum Origin in the Field; biobased products, furthering the
Method for Dielectric Breakdown
Voltage of Insulating Liquids Using Disk • ASTM D1500–04a, Standard Test objectives of this program.
Electrodes; Method for ASTM Color of Petroleum An analysis of the environmental and
• ASTM D924–04, Standard Test Products (ASTM Color Scale); human health benefits and the life cycle
Method for Dissipation Factor (or Power • ASTM D93–02a, Standard Test costs of biobased transformer fluids was
Factor) and Relative Permittivity Methods for Flash-Point by Pensky- performed for two of the products using
(Dielectric Constant) of Electrical Martens Closed Cup Tester; the BEES analytical tool. Table 5
Insulating Liquids; • ASTM D92–05a, Standard Test summarizes the BEES results for the two
• ASTM D1169–02, Standard Test Method for Flash and Fire Points by biobased transformer fluids. As seen in
Method for Specific Resistance Cleveland Open Cup Tester; Table 5, the environmental performance
(Resistivity) of Electrical Insulating • ASTM D97–05a, Standard Test score, which includes human health,
Liquids; Method for Pour Point of Petroleum ranges from 0.0198 to 0.0581 points per
• ASTM D3300–00, Standard Test Products; gallon of the transformer fluids. The
Method for Dielectric Breakdown • ASTM D2766–95 (2005), Standard environmental performance score
Voltage of Insulating Oils of Petroleum Test Method for Specific Heat of Liquids indicates the share of annual per capita
Origin Under Impulse Conditions; and Solids; U.S. environmental impacts that is
• ASTM D2300–00, Standard Test • ASTM E1269–05 Standard Test attributable to 1 gallon of transformer
Method for Gassing of Insulating Method for Determining Specific Heat fluid, expressed in 100ths of 1 percent.

TABLE 5.—SUMMARY OF BEES RESULTS FOR FLUID-FILLED TRANSFORMERS


Transformer fluids
Parameters
Sample A Sample B

BEES Environmental Performance—Total Score 1 ..................................................................................................... 0.0198 0.0581


Acidification (5%) ......................................................................................................................................................... 0.0000 0.0000
Criteria Air Pollutants (6%) .......................................................................................................................................... 0.0002 0.0003
Ecological Toxicity (11%) ............................................................................................................................................ 0.0046 0.0204
Eutrophication (5%) ..................................................................................................................................................... 0.0007 0.0066
Fossil Fuel Depletion (5%) .......................................................................................................................................... 0.0066 0.0130
Global Warming (16%) ................................................................................................................................................ 0.0033 0.0052
Habitat Alteration (16%) .............................................................................................................................................. 0.0000 0.0000
sroberts on PROD1PC70 with PROPOSALS

Human Health (11%) ................................................................................................................................................... 0.0029 0.0047


Indoor Air (11%) .......................................................................................................................................................... 0.0000 0.0000
Ozone Depletion (5%) ................................................................................................................................................. 0.0000 0.0000
Smog (6%) ................................................................................................................................................................... 0.0007 0.0040
Water Intake (3%) ........................................................................................................................................................ 0.0008 0.0039
Economic Performance (Life Cycle Costs ($)) 2 .......................................................................................................... 8.50 9.10
First Cost ..................................................................................................................................................................... 8.50 9.10

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Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 / Proposed Rules 47577

TABLE 5.—SUMMARY OF BEES RESULTS FOR FLUID-FILLED TRANSFORMERS—Continued


Transformer fluids
Parameters
Sample A Sample B

Future Cost (3.9%) ...................................................................................................................................................... (3) ( 3)


Functional Unit ............................................................................................................................................................. 1 gallon.
1 Numbers in parentheses indicate weighting factor.
2 Costs are per functional unit.
3 For this item, no significant/quantifiable performance or durability differences were identified among competing alternative products. There-
fore, future costs were not calculated.

The life cycle cost of the submitted different manufacturers producing six and mastic removers. These attempts
biobased transformer fluids range from individual biobased products. These were largely unsuccessful. However,
$8.50 to $9.10 (present value dollars) four manufacturers do not necessarily Federal agencies routinely perform, or
per gallon of transformer fluid. include all manufacturers of biobased procure contract services to perform,
biodegradable containers, merely those activities such as food preparation and
6. Biodegradable Containers
identified during USDA information materials storage that utilize containers.
Biodegradable containers represent gathering activities. Information Thus, they have a need for containers
that group of products capable of supplied by these manufacturers and for services that require the use of
complying with the specifications indicates that each of these products has
established in the biodegradability containers. Designation of biodegradable
been tested against one or more industry containers will promote the use of
standard ASTM D6400 ‘‘Standard performance standards and is being
Specifications for Compostable Plastics’’ biobased products, furthering the
used commercially. While other objectives of this program.
and designed to be used for temporary applicable performance standards may
storage or transportation of materials, exist, applicable industry performance An analysis of the environmental and
such as food items. Products in this item standards against which these products human health benefits and the life cycle
are typically used by quick-serve have been typically tested, as identified costs of biobased biodegradable
restaurants, food management by manufacturers of products within containers was performed for two of the
companies, universities, and this item, include: products using the BEES analytical tool.
government organizations. Biobased
• ASTM D6400–04, Standard Table 6 summarizes the BEES results for
biodegradable containers are typically the two biodegradable containers. As
Specification for Compostable Plastics;
produced from natural starch-based or seen in Table 6, the environmental
and
synthetic corn-based feedstocks and are
• Biodegradable Products Institute performance score, which includes
readily biodegradable through
Certified Compostable plastic products human health, ranges from 0.0003 to
composting.
For the reasons cited earlier in this will biodegrade and compost 0.0008 points per biodegradable
notice, USDA is proposing to exempt satisfactorily in actively managed container. The environmental
this item from preferred procurement compost facilities. performance score indicates the share of
under the FB4P when used in spacecraft USDA attempted to gather data on the annual per capita U.S. environmental
systems and launch support equipment. potential market for biobased products impacts that is attributable to one
For biobased biodegradable within the Federal government as biodegradable container, expressed in
containers, USDA identified four described in the section on adhesive 100ths of 1 percent.

TABLE 6.—SUMMARY OF BEES RESULTS FOR BIODEGRADABLE CONTAINERS


Biodegradable containers
Parameters
Sample A Sample B

BEES Environmental Performance—Total Score 1 ..................................................................................................... 0.0003 0.0008


Acidification (5%) ......................................................................................................................................................... 0.0000 0.0000
Criteria Air Pollutants (6%) .......................................................................................................................................... 0.0000 0.0000
Ecological Toxicity (11%) ............................................................................................................................................ 0.0002 0.0001
Eutrophication (5%) ..................................................................................................................................................... 0.0000 0.0000
Fossil Fuel Depletion (5%) .......................................................................................................................................... 0.0001 0.0004
Global Warming (16%) ................................................................................................................................................ 0.0000 0.0001
Habitat Alteration (16%) .............................................................................................................................................. 0.0000 0.0000
Human Health (11%) ................................................................................................................................................... 0.0000 0.0001
Indoor Air (11%) .......................................................................................................................................................... 0.0000 0.0000
Ozone Depletion (5%) ................................................................................................................................................. 0.0000 0.0000
Smog (6%) ................................................................................................................................................................... 0.0000 0.0000
Water Intake (3%) ........................................................................................................................................................ 0.0000 0.0001
Economic Performance (Life Cycle Costs ($)) 2 .......................................................................................................... 0.05 0.10
sroberts on PROD1PC70 with PROPOSALS

First Cost ..................................................................................................................................................................... 0.05 0.10


Future Cost (3.9%) ...................................................................................................................................................... (3) ( 3)
Functional Unit ............................................................................................................................................................. 1 biodegradable container.
1 Numbers in parentheses indicate weighting factor.
2 Costs are per functional unit.
3 For this item, no significant/quantifiable performance or durability differences were identified among competing alternative products. There-
fore, future costs were not calculated.

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47578 Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 / Proposed Rules

The life cycle cost of the submitted under the FB4P when used in spacecraft and mastic removers. These attempts
biodegradable containers range from systems and launch support equipment. were largely unsuccessful. However,
$0.05 to $0.10 (present value dollars) For biobased fertilizers, USDA Federal agencies routinely perform, or
per biodegradable container. identified 15 different manufacturers procure contract services to perform,
producing 30 individual biobased activities such as landscape
7. Fertilizers products. These 15 manufacturers do maintenance and the production of
Fertilizers represent that group of not necessarily include all agricultural products that require the
products formulated or processed for manufacturers of biobased fertilizers, use of fertilizers. Thus, they have a need
use in soil improvement applications. merely those identified during USDA for fertilizers and for services that
Products in this item provide moisture information gathering activities. require the use of fertilizers. Designation
holding capacity, nutrients for plant Information supplied by these of fertilizers will promote the use of
growth, and/or beneficial bacteria to manufacturers indicates that each of biobased products, furthering the
convert nutrients into plant usable these products has been tested against objectives of this program.
forms. These products are used to one or more industry performance
standards and is being used An analysis of the environmental and
provide added nutrition to the sports human health benefits and the life cycle
turf, golf course, organic farming, commercially. While other applicable
performance standards may exist, costs of biobased fertilizers was
horticulture, lawn care, landscape, and performed for two of the products using
nursery industries. Biobased fertilizers applicable industry performance
standards against which these products the BEES analytical tool. Table 7
are typically produced from natural summarizes the BEES results for the two
agricultural waste feedstocks such as have been typically tested, as identified
by manufacturers of products within fertilizers. As seen in Table 7, the
meat and poultry by-products, animal environmental performance score,
wastes, grocery scraps, restaurant this item, include:
• Organic Materials Review Institute, which includes human health, ranges
grease, and bakery wastes. from 0.3299 to 0.9576 points per the
listed seal assures the stability of a
Qualifying products within this item product for certified organic production, quantity of fertilizer recommended for 1
may overlap with the EPA-designated handling, and processing; and acre over 3 years of use. The
recovered content product: Fertilizers • United States Composting Council environmental performance score
Made From Recovered Organic Seal of Testing Assurance. indicates the share of annual per capita
Materials. USDA attempted to gather data on the U.S. environmental impacts that is
For the reasons cited earlier in this potential market for biobased products attributable to the quantity of fertilizer
notice, USDA is proposing to exempt within the Federal government as recommended for 1 acre over 3 years of
this item from preferred procurement described in the section on adhesive use, expressed in 100ths of 1 percent.

TABLE 7.—SUMMARY OF BEES RESULTS FOR FERTILIZERS


Fertilizers
Parameters
Sample A Sample B

BEES Environmental Performance—Total Score 1 ..................................................................................................... 0.3299 0.9576


Acidification (5%) ......................................................................................................................................................... 0.0000 0.0000
Criteria Air Pollutants (6%) .......................................................................................................................................... 0.0020 0.0039
Ecological Toxicity (11%) ............................................................................................................................................ 0.0212 0.1754
Eutrophication (5%) ..................................................................................................................................................... 0.0061 0.0407
Fossil Fuel Depletion (5%) .......................................................................................................................................... 0.1455 0.1203
Global Warming (16%) ................................................................................................................................................ 0.0493 0.4941
Habitat Alteration (16%) .............................................................................................................................................. 0.0000 0.0000
Human Health (11%) ................................................................................................................................................... 0.0809 0.0753
Indoor Air (11%) .......................................................................................................................................................... 0.0000 0.0000
Ozone Depletion (5%) ................................................................................................................................................. 0.0000 0.0000
Smog (6%) ................................................................................................................................................................... 0.0249 0.0221
Water Intake (3%) ........................................................................................................................................................ 0.0000 0.0258
Economic Performance (Life Cycle Costs ($)) 2 .......................................................................................................... 17.64 195.43
First Cost ..................................................................................................................................................................... 17.64 132.00
Future Cost (3.9%) ...................................................................................................................................................... 0.00 63.43
Functional Unit ............................................................................................................................................................. (3)
1 Numbers in parentheses indicate weighting factor.
2 Costs are per functional unit.
3 The quantity of fertilizer recommended for 1 acre over 3 years of use.

The life cycle cost of the submitted prevention when applied to metal water or other solvents prior to
fertilizers range from $17.64 to $195.43 feedstock during operations such as application.
(present value dollars) for the quantity grinding and machining. These products For the reasons cited earlier in this
of fertilizer recommended for 1 acre are designed for continuous use in notice, USDA is proposing to exempt
sroberts on PROD1PC70 with PROPOSALS

over 3 years of use. systems that re-circulate the fluid this item from preferred procurement
through the use of a reservoir. These under the FB4P when used in spacecraft
8. Metalworking Fluids
products are typically formulated from systems and launch support equipment.
Metalworking fluids represent that vegetable seed oils and are sold as For biobased metalworking fluids,
group of products formulated to provide concentrates designed to be diluted with USDA identified 16 different
cooling, lubrication, and corrosion manufacturers producing 45 individual

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Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 / Proposed Rules 47579

biobased products. These 16 • ASTM D3946–92 (1997), Standard metalworking fluids and for services
manufacturers do not necessarily Test Method for Evaluating the Bacteria that require the use of metalworking
include all manufacturers of biobased Resistance of Water-Dilutable fluids. Designation of metalworking
metalworking fluids, merely those Metalworking Fluids (Withdrawn 2004); fluids will promote the use of biobased
identified during USDA information and products, furthering the objectives of
gathering activities. Information • Readily Biodegradable EPA 560/6– this program.
supplied by these manufacturers 82–003, monitors the conversion of the
test material carbon to carbon dioxide, An analysis of the environmental and
indicates that each of these products has
the product must biodegrade in 28 days human health benefits and the life cycle
been tested against one or more industry
to pass. costs of biobased metalworking fluids
performance standards and is being
used commercially. While other USDA attempted to gather data on the was performed for two of the products
applicable performance standards may potential market for biobased products using the BEES analytical tool. Table 8
exist, applicable industry performance within the Federal government as summarizes the BEES results for the two
standards and other relevant described in the section on adhesive biobased metalworking fluids. As seen
measurements of performance against and mastic removers. These attempts in Table 8, the environmental
which these products have been were largely unsuccessful. However, performance score, which includes
typically tested, as identified by Federal agencies routinely own and human health, ranges from 0.0018 to
manufacturers of products within this operate fabrication and repair facilities 0.0036 points per gallon of diluted and
item, include: that utilize the types of metal machining ready to use fluid. The environmental
• ASTM D3233–93 (2003), Standard equipment that require the use of performance score indicates the share of
Test Methods for Measurement of metalworking fluids. In addition, many annual per capita U.S. environmental
Extreme Pressure Properties of Fluid Federal agencies contract for services impacts that is attributable to one
Lubricants (Falex Pin and Vee Block involving the use of such facilities and diluted and ready to use gallon of fluid,
Methods); equipment. Thus, they have a need for expressed in 100ths of 1 percent.

TABLE 8.—SUMMARY OF BEES RESULTS FOR METALWORKING FLUIDS


Metalworking fluids
Parameters
Sample A Sample B

BEES Environmental Performance—Total Score 1 ..................................................................................................... 0.0018 0.0036


Acidification (5%) ......................................................................................................................................................... 0.0000 0.0000
Criteria Air Pollutants (6%) .......................................................................................................................................... 0.0000 0.0000
Ecological Toxicity (11%) ............................................................................................................................................ 0.0004 0.0026
Eutrophication (5%) ..................................................................................................................................................... 0.0001 0.0001
Fossil Fuel Depletion (5%) .......................................................................................................................................... 0.0008 0.0002
Global Warming (16%) ................................................................................................................................................ 0.0002 0.0002
Habitat Alteration (16%) .............................................................................................................................................. 0.0000 0.0000
Human Health (11%) ................................................................................................................................................... 0.0002 0.0001
Indoor Air (11%) .......................................................................................................................................................... 0.0000 0.0000
Ozone Depletion (5%) ................................................................................................................................................. 0.0000 0.0000
Smog (6%) ................................................................................................................................................................... 0.0001 0.0000
Water Intake (3%) ........................................................................................................................................................ 0.0000 0.0004
Economic Performance (Life Cycle Costs ($)) 2 .......................................................................................................... 0.72 0.96
First Cost ..................................................................................................................................................................... 0.72 0.96
Future Cost (3.9%) ...................................................................................................................................................... (3) ( 3)
Functional Unit ............................................................................................................................................................. One diluted and ready to use
gallon of fluid.
1 Numbers in parentheses indicate weighting factor.
2 Costs are per functional unit.
3 For this item, no significant/quantifiable performance or durability differences were identified among competing alternative products. There-
fore, future costs were not calculated.

The life cycle cost of the submitted or sponge-like action. Biobased sorbents producing 31 individual biobased
metalworking fluids range from $0.72 to are typically produced from corncobs, products. These 16 manufacturers do
$0.96 (present value dollars) per gallon cotton fibers, nut pith and other plant not necessarily include all
of diluted and ready to use fluid. fiber, often combined with gelling manufacturers of biobased sorbents,
agents. merely those identified during USDA
9. Sorbents
Qualifying products within this item information gathering activities.
Sorbents represent that group of may overlap with the EPA-designated Information supplied by these
materials formulated for clean up and recovered content product: manufacturers indicates that each of
bioremediation of oil and chemical Miscellaneous—Sorbents. these products has been tested against
spills, disposal of liquid materials, and For the reasons cited earlier in this one or more industry performance
sroberts on PROD1PC70 with PROPOSALS

prevention of leakage or leaching in notice, USDA is proposing to exempt standards and is being used
maintenance applications, shop floors, this item from preferred procurement commercially. While other applicable
and fuel storage areas. Products in this under the FB4P when used in spacecraft performance standards may exist,
item are normally light in weight, systems and launch support equipment. applicable industry performance
produce little dust, and provide For biobased sorbents, USDA standards against which these products
absorbing capabilities through wicking identified 16 different manufacturers have been typically tested, as identified

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47580 Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 / Proposed Rules

by manufacturers of products within and mastic removers. These attempts analytical tool. Table 9 summarizes the
this item, include: were largely unsuccessful. However, BEES results for the two sorbents. As
• ASTM D726–94 (2003), Standard Federal agencies routinely perform, or seen in Table 9, the environmental
Test Method for Resistance of procure services that perform, the types performance score, which includes
Nonporous Paper to Passage of Air; of clean-up and containment activities human health, ranges from 0.0957 to
• ASTM D2974–00, Standard Test that would utilize sorbents. Thus, they 0.1159 points per the quantity of the
Methods for Moisture, Ash, and Organic have a need for sorbents and for services analyzed sorbent required to absorb 1
Matter of Peat and Other Organic Soils; that require the use of sorbents. barrel of light crude oil. The
and Designation of sorbents will promote the
• Canadian General Standards Board environmental performance score
use of biobased products, furthering the indicates the share of annual per capita
CAN/CGSB–183.94, Method for Testing
objectives of this program. U.S. environmental impacts that is
Sorbents.
USDA attempted to gather data on the An analysis of the environmental and attributable to the quantity of the
potential market for biobased products human health benefits and the life cycle analyzed sorbent required to absorb 1
within the Federal government as costs of sorbents was performed for two barrel of light crude oil, expressed in
described in the section on adhesive of the products using the BEES 100ths of 1 percent.

TABLE 9.—SUMMARY OF BEES RESULTS FOR SORBENTS


Sorbents
Parameters
Sample A Sample B

BEES Environmental Performance—Total Score 1 ..................................................................................................... 0.0957 0.1159


Acidification (5%) ......................................................................................................................................................... 0.0000 0.0000
Criteria Air Pollutants (6%) .......................................................................................................................................... 0.0001 0.0014
Ecological Toxicity (11%) ............................................................................................................................................ 0.0006 0.0113
Eutrophication (5%) ..................................................................................................................................................... 0.0040 0.0018
Fossil Fuel Depletion (5%) .......................................................................................................................................... 0.0059 0.0583
Global Warming (16%) ................................................................................................................................................ 0.0026 0.0156
Habitat Alteration (16%) .............................................................................................................................................. 0.0000 0.0000
Human Health (11%) ................................................................................................................................................... 0.0020 0.0221
Indoor Air (11%) .......................................................................................................................................................... 0.0000 0.0000
Ozone Depletion (5%) ................................................................................................................................................. 0.0000 0.0000
Smog (6%) ................................................................................................................................................................... 0.0024 0.0033
Water Intake (3%) ........................................................................................................................................................ 0.0781 0.0021
Economic Performance (Life Cycle Costs ($)) 2 .......................................................................................................... 49.94 11.83
First Cost ..................................................................................................................................................................... 49.94 11.83
Future Cost (3.9%) ...................................................................................................................................................... (3) ( 3)
Functional Unit ............................................................................................................................................................. (4)
1 Numbers in parentheses indicate weighting factor.
2 Costs are per functional unit.
3 For this item, no significant/quantifiable performance or durability differences were identified among competing alternative products. There-
fore, future costs were not calculated.
4 The quantity of the analyzed sorbent required to absorb 1 barrel of light crude oil.

The life cycle cost of the submitted biobased products. These 26 were largely unsuccessful. However,
sorbents range from $11.83 to $49.94 manufacturers do not necessarily Federal agencies routinely perform, and
(present value dollars) per the quantity include all manufacturers of biobased procure services that perform, the types
of the analyzed sorbent required to graffiti and grease removers, merely of clean-up activities that would utilize
absorb 1 barrel of light crude oil. those identified during USDA graffiti and grease removers. Thus, they
information gathering activities. have a need for graffiti and grease
10. Graffiti and Grease Removers removers and for services that require
Information supplied by these
Graffiti and grease removers represent manufacturers indicates that each of the use of graffiti and grease removers.
that group of industrial solvent products these products is being used Designation of graffiti and grease
formulated to remove automotive, commercially. While applicable removers will promote the use of
industrial, and kitchen soils and oils, performance standards and other biobased products, furthering the
including grease, paint, and other measures of performance may exist, objectives of this program.
coatings, from hard surfaces. Biobased relevant measures of performance An analysis of the environmental and
grease and graffiti removers are typically against which these products have been human health benefits and the life cycle
formulated from natural soy, corn, or typically tested, as identified by costs of biobased graffiti and grease
citrus-based feedstocks and contain manufacturers of products within this removers was performed for two of the
little to no hazardous ingredients. item, include: products using the BEES analytical tool.
For the reasons cited earlier in this • Graffiti Performance Testing; and Table 10 summarizes the BEES results
notice, USDA is proposing to exempt • Adhesive Testing in Screen- for the two graffiti and grease removers.
sroberts on PROD1PC70 with PROPOSALS

this item from preferred procurement printing. As seen in Table 10, the environmental
under the FB4P when used in spacecraft USDA attempted to gather data on the performance score, which includes
systems and launch support equipment. potential market for biobased products human health, ranges from 0.0446 to
For biobased graffiti and grease within the Federal government as 0.0646 points per gallon of the graffiti
removers, USDA identified 26 different described in the section on adhesive and grease removers. The environmental
manufacturers producing 44 individual and mastic removers. These attempts performance score indicates the share of

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Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 / Proposed Rules 47581

annual per capita U.S. environmental of the graffiti and grease removers,
impacts that is attributable to one gallon expressed in 100ths of 1 percent.

TABLE 10.—SUMMARY OF BEES RESULTS FOR GRAFFITI AND GREASE REMOVERS


Graffiti and grease removers
Parameters
Sample A Sample B

BEES Environmental Performance—Total Score 1 ..................................................................................................... 0.0446 0.0646


Acidification (5%) ......................................................................................................................................................... 0.0000 0.0000
Criteria Air Pollutants (6%) .......................................................................................................................................... 0.0003 0.0007
Ecological Toxicity (11%) ............................................................................................................................................ 0.0039 0.0172
Eutrophication (5%) ..................................................................................................................................................... 0.0012 0.0112
Fossil Fuel Depletion (5%) .......................................................................................................................................... 0.0268 0.0168
Global Warming (16%) ................................................................................................................................................ 0.0043 0.0064
Habitat Alteration (16%) .............................................................................................................................................. 0.0000 0.0000
Human Health (11%) ................................................................................................................................................... 0.0045 0.0089
Indoor Air (11%) .......................................................................................................................................................... 0.0000 0.0000
Ozone Depletion (5%) ................................................................................................................................................. 0.0000 0.0000
Smog (6%) ................................................................................................................................................................... 0.0032 0.0021
Water Intake (3%) ........................................................................................................................................................ 0.0004 0.0013
Economic Performance (Life Cycle Costs ($)) 2 .......................................................................................................... 22.16 22.00
First Cost ..................................................................................................................................................................... 22.16 22.00
Future Cost (3.9%) ...................................................................................................................................................... (3) ( 3)
Functional Unit ............................................................................................................................................................. 1 gallon.
1 Numbers in parentheses indicate weighting factor.
2 Costs are per functional unit.
3 For this item, no significant/quantifiable performance or durability differences were identified among competing alternative products. There-
fore, future costs were not calculated.

The life cycle cost of the submitted feedstocks. If misrepresentations are performance attributes and allow them
graffiti and grease removers range from found, USDA will remove the subject to compete with non-biobased products
$22.00 to $22.16 (present value dollars) biobased product from the preferred in performance and economics. Setting
per gallon of graffiti and grease procurement program and may take the minimum biobased content for an
removers. further actions as deemed appropriate. item at a level met by several of the
As a result of public comments tested products will provide more
C. Minimum Biobased Contents
received on the first designated items products from which procurement
Section 9002(e)(1)(C) directs USDA to rulemaking proposal, USDA decided to officials may choose, will encourage the
recommend minimum biobased content account for the slight imprecision in the most widespread usage of biobased
levels where appropriate. In today’s analytical method used to determine products by procuring agencies, and is
proposed rulemaking, USDA is biobased content of products when expected to accomplish the objectives of
proposing minimum biobased product establishing the minimum biobased section 9002. Procuring agencies are
content for each of the 10 items content. Thus, rather than establishing encouraged to seek products with the
proposed for designation based on the minimum biobased content for an highest biobased content that is
information currently available to item at the tested biobased content of practicable in all 10 of the proposed
USDA. the product selected as the basis for the designated items.
As discussed in Section IV.A of this minimum value, USDA is establishing The following paragraphs summarize
preamble, USDA relied entirely on the minimum biobased content at a the information that USDA used to
manufacturers’ voluntary submission of level 3 percentage points less than the propose minimum biobased contents
samples to support the proposed tested value. USDA believes that this within each proposed designated item.
designation of these 10 items. The data adjustment is appropriate to account for 1. Adhesive and Mastic Removers
presented in the following paragraphs the expected variations in analytical
are the test results from all of the results. Five of the 13 biobased adhesive and
product samples that were submitted for USDA has determined that setting a mastic removers identified have been
analysis. It is the responsibility of the minimum biobased content for tested for biobased content using ASTM
manufacturers to ‘‘self-certify’’ that each designated items is appropriate. D6866.1 The biobased content of these
product being offered as a biobased Establishing a minimum biobased 5 samples ranged from 61 percent to 99
product for preferred procurement content will encourage competition percent.
contains qualifying feedstock. As among manufacturers to develop USDA is proposing to set the
contained in the Guidelines, USDA will products with higher biobased contents minimum biobased content for this item
consider qualifying feedstocks for and will prevent products with de at 58 percent, based on the product with
biobased products originating in minimus biobased content from being 1 ASTM D6866 (Standard Test Methods for
‘‘designated countries’’ (as that term is purchased as a means of satisfying the
sroberts on PROD1PC70 with PROPOSALS

Determining the Biobased Content of Natural Range


defined in the Federal Acquisition requirements of section 9002. USDA Materials Using Radiocarbon and Isotope Ratio
Regulation (FAR) 25.003)) as well as believes that it is in the best interest of Mass Spectrometry Analysis) is used to distinguish
from the United States. USDA will the preferred procurement program for between carbon from fossil resources (non-biobased
carbon) and carbon from renewable sources
develop a monitoring process for these minimum biobased contents to be set at (biobased carbon). The biobased content is
self-certifications to ensure levels that will realistically allow expressed as the percentage of total carbon that is
manufacturers are using qualifying products to possess the necessary biobased carbon.

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a biobased content of 61 percent. No biobased content on the 65 percent formulated to meet specific
industry standard performance tests product could result in unforeseen applications. Because of this range in
have been identified for this item. Thus, limitations to the use of ‘‘spray in product characteristics, USDA is
although all products within this item place’’ insulating foam. Lastly, setting proposing to set the minimum biobased
perform essentially the same function, the minimum biobased content level content at a level that will include all
the performance of any individual based on the lowest level found among of the products sampled. USDA believes
product or the range of adhesive and the sampled products will offer that it is in the best interest of the
mastic formulations that exist is procuring agencies more choices in preferred procurement program for
unknown. Because USDA does not have selecting products to purchase and will minimum biobased contents to be set at
performance information to determine encourage the most widespread usage of levels that will realistically allow
whether the products with biobased biobased products by procuring products to possess the necessary
contents on the lower end of the range agencies. performance attributes and allow them
have unique or more desirable to compete with non-biobased products
3. Hand Cleaners and Sanitizers
characteristics, USDA is proposing to in performance and economics.
set the minimum biobased content at a Sixteen of the 73 biobased hand Furthermore, setting the minimum
level that will include all of the cleaners and sanitizers identified have biobased content level based on the
products sampled. USDA believes that it been tested for biobased content using lowest level found among the sampled
is in the best interest of the preferred ASTM D6866. The biobased content of products will offer procuring agencies
procurement program for minimum these 16 hand cleaners and sanitizers more choices in selecting products to
biobased contents to be set at levels that ranged from 21 percent to 95 percent. purchase and will encourage the most
will realistically allow products to USDA is proposing to set the widespread usage of biobased products
possess the necessary performance minimum biobased content for this item by procuring agencies.
attributes and allow them to compete at 18 percent, based on the product with
with non-biobased products in a biobased content of 21 percent. Hand 5. Fluid-Filled Transformers
performance and economics. cleaners and sanitizers are formulated to
Two of the 12 identified biobased
Furthermore, setting the minimum meet a wide range of demands. Some
fluids designed for use in fluid-filled
biobased content level based on the are designed specifically to be used
transformers have been tested for
lowest level found among the sampled without water, while others are to be
used with water; some are liquids and biobased content using ASTM D6866.
products will offer procuring agencies The biobased content of these two
more choices in selecting products to others are gels; some contain pumice,
while others may contain moisturizers; biobased fluids were 69 percent and 98
purchase and will encourage the most percent.
widespread usage of biobased products and some are intended for use in health
care facilities, while others are USDA is proposing to set the
by procuring agencies.
formulated to remove grease or similar minimum biobased content for this item
2. Insulating Foam for Wall substances. Because of this range in at 66 percent, based on the product with
Construction product characteristics, USDA is a biobased content of 69 percent. USDA
Two of the 21 identified biobased proposing to set the minimum biobased believes that it is in the best interest of
insulating foam for wall construction content at a level that will include all the preferred procurement program for
products have been tested for biobased of the products sampled. USDA believes minimum biobased contents to be set at
content using ASTM D6866. The that it is in the best interest of the levels that will realistically allow
biobased content of these two products preferred procurement program for products to possess the necessary
were 11 and 65 percent. minimum biobased contents to be set at performance attributes and allow them
USDA is proposing to set a minimum levels that will realistically allow to compete with non-biobased products
biobased content of 8 percent for this products to possess the necessary in performance and economics. USDA
item, based on the product with a performance attributes and allow them also believes that setting a minimum
biobased content of 11 percent. The two to compete with non-biobased products biobased content of 66 percent for this
products sampled provide insulating in performance and economics. item is reasonable given that only two
foam in two different manners. One is Furthermore, setting the minimum samples were tested, and that the
a ‘‘spray in place’’ foam and the other biobased content level based on the alternative of basing the minimum
is a foam board. USDA believes that lowest level found among the sampled biobased content on the 98 percent
both products should be included in the products will offer procuring agencies product could result in unforeseen
preferred procurement program and, more choices in selecting products to limitations to the use of biobased fluid-
therefore, is proposing to set the purchase and will encourage the most filled transformers. Lastly, setting the
minimum biobased content at a level widespread usage of biobased products minimum biobased content level based
that will include both of the products by procuring agencies. on the lowest level found among the
sampled. USDA believes that it is in the sampled products will offer procuring
best interest of the preferred 4. Composite Panels agencies more choices in selecting
procurement program for minimum Eight of the 51 biobased composite products to purchase and will
biobased contents to be set at levels that panels identified have been tested for encourage the most widespread usage of
will realistically allow products to biobased content using ASTM D6866. biobased products by procuring
possess the necessary performance The biobased content of these 8 agencies.
attributes and allow them to compete composite panels ranged from 29 6. Biodegradable Containers
with non-biobased products in percent to 100 percent.
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performance and economics. USDA also USDA is proposing to set the Two of the six available biobased
believes that setting a minimum minimum biobased content for this item biodegradable containers have been
biobased content of 8 percent for this at 26 percent, based on the product with tested for biobased content using ASTM
item is reasonable given that only two a biobased content of 29 percent. D6866. The biobased content of these
samples were tested, and that the Composite panels are manufactured to two biodegradable container were 99
alternative of basing the minimum meet a range of demands and may be percent and 100 percent.

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USDA is proposing to set the fluids must perform are widely varied. 10. Graffiti and Grease Removers
minimum biobased content for this item Different types of machining operations Eleven of the 44 biobased graffiti and
at 96 percent, based on the product with and different metal feedstocks require grease removers identified have been
a biobased content of 99 percent. USDA different characteristics in the tested for biobased content using ASTM
believes that the slight difference associated metalworking fluids. In some D6866. The biobased content of these 11
between the biobased content of two operations the ability to dissipate heat biobased graffiti and grease removers
products tested is insignificant, and may be the most critical characteristic, ranged from 24 percent to 100 percent.
establishing the minimum biobased while in others corrosion prevention USDA is proposing to set the
content for the item based on the lower may be most important. The ability of a minimum biobased content for this item
tested value offers procurement agents metalworking fluid to be diluted with at 21 percent, based on the product with
more choice in selecting products to water is desirable in many situations, a biobased content of 24 percent. Graffiti
purchase. but may not be significant in others. and grease removers are formulated to
Because of this range in product
7. Fertilizers remove a wide variety of paints and
characteristics, USDA is proposing to
Ten of the 30 biobased fertilizers other marking materials, as well as
set the minimum biobased content at a
identified have been tested for biobased grease, from many types of surfaces and
level that will include all of the
content using ASTM D6866. The using several different application
products sampled. USDA believes that it
biobased content of these 10 biobased techniques. For example, some graffiti
is in the best interest of the preferred
fertilizers ranged from 74 percent to 100 and grease removers are sold as
procurement program for minimum
percent. concentrates to be mixed with water,
biobased contents to be set at levels that
USDA is proposing to set the while others are designed to be used as
will realistically allow products to
minimum biobased content for this item purchased; some are designed to be
possess the necessary performance
at 71 percent, based on the product with attributes and allow them to compete sprayed on with power washers, while
a biobased content of 74 percent. with non-biobased products in others are designed to be applied with
Fertilizers are designed to address a performance and economics. brushes; and some are designed to
range of parameters, including, Furthermore, setting the minimum provide a foaming action, while others
application method, nutrients contents, biobased content level based on the are not. Because of this range in product
release rate of nutrients, soil types, crop lowest level found among the sampled characteristics, USDA is proposing to
types, and desired re-application products will offer procuring agencies set the minimum biobased content at a
intervals. Because of this range in more choices in selecting products to level that will include all of the
product characteristics, USDA is purchase and will encourage the most products sampled. USDA believes that it
proposing to set the minimum biobased widespread usage of biobased products is in the best interest of the preferred
content at a level that will include all by procuring agencies. procurement program for minimum
of the products sampled. USDA believes biobased contents to be set at levels that
that it is in the best interest of the 9. Sorbents will realistically allow products to
preferred procurement program for Seven of the 31 biobased sorbents possess the necessary performance
minimum biobased contents to be set at identified have been tested for biobased attributes and allow them to compete
levels that will realistically allow content using ASTM D6866. The with non-biobased products in
products to possess the necessary biobased content of these seven performance and economics.
performance attributes and allow them biobased sorbents ranged from 55 Furthermore, setting the minimum
to compete with non-biobased products percent to 100 percent. biobased content level based on the
in performance and economics. USDA is proposing to set the lowest level found among the sampled
Furthermore, setting the minimum minimum biobased content for this item products will offer procuring agencies
biobased content level based on the at 52 percent, based on the product with more choices in selecting products to
lowest level found among the sampled a biobased content of 55 percent. purchase and will encourage the most
products will offer procuring agencies Sorbents are used to absorb a variety of widespread usage of biobased products
more choices in selecting products to liquid materials and the sorbent by procuring agencies.
purchase and will encourage the most formulation affects the absorbency of
the sorbent. Because of this range in D. Effective Date for Procurement
widespread usage of biobased products Preference and Incorporation Into
by procuring agencies. product characteristics, USDA is
proposing to set the minimum biobased Specifications
8. Metalworking Fluids content at a level that will include all USDA intends for the final rule to
Seventeen of the 45 biobased of the products sampled. USDA believes take effect thirty (30) days after
metalworking fluids identified have that it is in the best interest of the publication of the final rule. However,
been tested for biobased content using preferred procurement program for under the terms of the proposed rule,
ASTM D6866. The biobased content of minimum biobased contents to be set at procuring agencies would have a one-
these 17 biobased metalworking fluids levels that will realistically allow year transition period, starting from the
ranged from 43 percent to 100 percent. products to possess the necessary date of publication of the final rule,
Because biobased metalworking fluids performance attributes and allow them before the procurement preference for
are typically sold as concentrates to be to compete with non-biobased products biobased products within a designated
diluted with either water or petroleum- in performance and economics. item would take effect.
based solvents before use, the biobased Furthermore, setting the minimum USDA proposes a one-year period
content of the fluids must be biobased content level based on the before the procurement preferences
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determined before dilution. lowest level found among the sampled would take effect based on an
USDA is proposing to set the products will offer procuring agencies understanding that Federal agencies
minimum biobased content for this item more choices in selecting products to will need time to incorporate the
at 40 percent, based on the product with purchase and will encourage the most preferences into procurement
a biobased content of 43 percent. The widespread usage of biobased products documents and to revise existing
conditions under which metalworking by procuring agencies. standardized specifications. Section

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47584 Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 / Proposed Rules

9002(d) of FSRIA and section 2902(c) of By accessing the Web site, agencies rule would necessitate estimating the
7 CFR part 2902 explicitly acknowledge will also be able to obtain the anticipated market penetration of
the latter need for Federal agencies to voluntarily-posted information on each biobased products, which would entail
have sufficient time to revise the product concerning: Relative price; life many assumptions and, thus, be of
affected specifications to give preference cycle costs; hot links directly to a questionable value. Also, the program
to biobased products when purchasing manufacturer’s or vendor’s Web site (if allows procuring agencies the option of
the designated items. Procuring agencies available); performance standards not purchasing biobased products if the
will need time to evaluate the economic (industry, government, military, ASTM/ costs are deemed ‘‘unreasonable.’’
and technological feasibility of the ISO) that the product has been tested Under this program, the determination
available biobased products for their against; and environmental and public of ‘‘unreasonable’’ costs will be made by
agency-specific uses and for compliance health information from the BEES individual agencies. USDA knows these
with agency-specific requirements, analysis or the alternative analysis agencies will consider such factors as
including manufacturers’ warranties for embedded in the ASTM Standard price, life-cycle costs, and
machinery in which the biobased D7075, ‘‘Standard Practice for environmental benefits in determining
products would be used. Evaluating and Reporting whether the cost of a biobased product
By the time these items are Environmental Performance of Biobased is determined to be ‘‘reasonable’’ or
promulgated for designation, Federal Products.’’ ‘‘unreasonable.’’ However, until the
agencies will have had a minimum of 18 USDA has linked its Web site to program is actually implemented by the
months (from when these designated DoD’s list of specifications and various agencies, it is impossible to
items were proposed), and much longer standards, which can be used as quantify the impact this option would
considering when the Guidelines were guidance when procuring products. To have on the economic effect of the rule.
first proposed and these requirements access this list, go to USDA’s FB4P Web Therefore, USDA relied on a qualitative
were first laid out, to implement these site and click on the ‘‘Product assessment to reach the judgment that
requirements. Submission’’ tab and look for the DoD the annual economic effect of the
For these reasons, USDA proposes Specifications link. designation of these 10 items is less
that the mandatory preference for than $100 million, and likely to be
biobased products under the designated VI. Regulatory Information substantially less than $100 million.
items take effect one year after A. Executive Order 12866: Regulatory This judgment was based primarily on
promulgation of the final rule. The one- Planning and Review the offsetting nature of the program (an
year period provides these agencies increase in biobased products
with ample time to evaluate the Executive Order 12866 requires purchased with a corresponding
economic and technological feasibility agencies to determine whether a decrease in petroleum products
of biobased products for a specific use regulatory action is ‘‘significant.’’ The purchased) and, secondarily, on the
and to revise the specifications Order defines a ‘‘significant regulatory ability of procuring agencies not to
accordingly. However, some agencies action’’ as one that is likely to result in purchase these items if costs are judged
may be able to complete these processes a rule that may: ‘‘(1) Have an annual unreasonable, which would reduce the
more expeditiously, and not all uses effect on the economy of $100 million economic effect.
will require extensive analysis or or more or adversely affect, in a material
revision of existing specifications. way, the economy, a sector of the 1. Summary of Impacts
Although it is allowing up to one year, economy, productivity, competition, Today’s proposed rulemaking is
USDA encourages procuring agencies to jobs, the environment, public health or expected to have both positive and
implement the procurement preferences safety, or State, local, or tribal negative impacts to individual
as early as practicable for procurement governments or communities; (2) Create businesses, including small businesses.
actions involving any of the designated a serious inconsistency or otherwise USDA anticipates that the biobased
items. interfere with an action taken or preferred procurement program will
planned by another agency; (3) provide additional opportunities for
V. Where Can Agencies Get More Materially alter the budgetary impact of businesses to begin supplying biobased
Information on These USDA-Designated entitlements, grants, user fees, or loan materials to manufacturers of adhesive
Items? programs or the rights and obligations of and mastic removers, insulating foam
Once the item designations in today’s recipients thereof; or (4) Raise novel for wall construction, hand cleaners and
proposal become final, manufacturers legal or policy issues arising out of legal sanitizers, composite panels, fluid-filled
and vendors voluntarily may post mandates, the President’s priorities, or transformers, biodegradable containers,
information on specific products, the principles set forth in this Executive fertilizers, metalworking fluids,
including product and contact Order.’’ sorbents, and graffiti and grease
information, on the USDA biobased It has been determined that this rule removers and to begin supplying these
products Web site http:// is not a ‘‘significant regulatory action’’ products made with biobased materials
www.biobased.oce.usda.gov. USDA will under the terms of Executive Order to Federal agencies and their
periodically audit the information 12866. The annual economic effect contractors. In addition, other
displayed on the Web site and, where associated with today’s proposed rule businesses, including small businesses,
questions arise, contact the has not been quantified because the that do not directly contract with
manufacturer or vendor to verify, information necessary to estimate the procuring agencies may be affected
correct, or remove incorrect or out-of- effect does not exist. As was discussed positively by the increased demand for
date information. Procuring agencies earlier in this preamble, USDA made these biobased materials and products.
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should contact the manufacturers and extensive efforts to obtain information However, other businesses that
vendors directly to discuss specific on the Federal agencies’ usage of the 10 manufacture and supply only non-
needs and to obtain detailed items proposed for designation. These qualifying products and do not offer a
information on the availability and efforts were largely unsuccessful. biobased alternative product may
prices of biobased products meeting Therefore, attempts to determine the experience a decrease in demand for
those needs. economic impacts of today’s proposed their products. Thus, today’s proposed

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rule will likely increase the demand for otherwise interfere with an action taken economic impacts of today’s proposed
biobased products, while decreasing the or planned by another agency; rule are not expected to be significant.
demand for non-qualifying products. It materially alter the budgetary impact of The intent of section 9002 is largely
is anticipated that this will create a entitlements, grants, user fees, or loan to stimulate the production of new
largely ‘‘offsetting’’ economic impact. programs or the rights and obligations of biobased products and to energize
USDA is unable to determine the recipients thereof; or raise novel legal or emerging markets for those products.
number of businesses, including small policy issues arising out of legal Because the program is still in its
businesses, that may be adversely mandates, the President’s priorities, or infancy, however, it is unknown how
affected by today’s proposed rule. If a the principles set forth in Executive many businesses will ultimately be
business currently supplies any of the Order 12866. affected. While USDA has no data on
items proposed for designation to a the number of small businesses that may
procuring agency and those products do B. Regulatory Flexibility Act (RFA) choose to develop and market products
not qualify as biobased products, the The RFA, 5 U.S.C. 601–602, generally within the 10 items proposed for
proposed rule may reduce that requires an agency to prepare a designation by today’s proposed
company’s ability to compete for future regulatory flexibility analysis of any rule rulemaking, the number is expected to
contracts. However, the proposed rule subject to notice and comment be small. Because biobased products
will not affect existing purchase orders, rulemaking requirements under the represent an emerging market, only a
nor will it preclude businesses from Administrative Procedure Act or any small percentage of all manufacturers,
modifying their product lines to meet other statute unless the agency certifies large or small, are expected to develop
new specifications or solicitation that the rule will not have a significant and market biobased products. Thus,
requirements for these products economic impact on a substantial the number of small businesses affected
containing biobased materials. Thus, number of small entities. Small entities by today’s proposed rulemaking is not
many businesses, including small include small businesses, small expected to be substantial.
businesses, that market to Federal organizations, and small governmental After considering the economic
agencies and their contractors have the jurisdictions. impacts of today’s proposed rule on
option of modifying their product lines small entities, USDA certifies that this
USDA evaluated the potential impacts
to meet the new biobased specifications. action will not have a significant
of its proposed designation of these 10
economic impact on a substantial
2. Summary of Benefits items to determine whether its actions
number of small entities. This rule,
The designation of these 10 items would have a significant impact on a
therefore, does not require a regulatory
provides the benefits outlined in the substantial number of small entities.
flexibility analysis.
objectives of section 9002: To increase Because the Federal Biobased Products While not a factor relevant to
domestic demand for biobased products Preferred Procurement Program in determining whether the proposed rule
and, thus, for the many agricultural section 9002 of FSRIA applies only to will have a significant impact for RFA
commodities that can serve as Federal agencies and their contractors, purposes, USDA has concluded that the
feedstocks for production of biobased small governmental (city, county, etc.) effect of today’s proposed rule would be
products; to spur development of the agencies are not affected. Thus, the to provide positive opportunities to
industrial base through value-added proposal, if promulgated, will not have businesses engaged in the manufacture
agricultural processing and a significant economic impact on small of these biobased products. Purchase
manufacturing in rural communities; governmental jurisdictions. USDA and use of these biobased products by
and to enhance the nation’s energy anticipates that this program will affect procuring agencies increase demand for
security by substituting biobased entities, both large and small, that these products and result in private
products for products derived from manufacture or sell biobased products. sector development of new
imported oil and natural gas. The For example, the designation of items technologies, creating business and
increased demand for biobased products for preferred procurement will provide employment opportunities that enhance
will also lead to the substitution of additional opportunities for businesses local, regional, and national economies.
products with a possibly more benign or to manufacture and sell biobased Technological innovation associated
beneficial environmental impact, as products to Federal agencies and their with the use of biobased materials can
compared to the use of non-biobased contractors. Similar opportunities will translate into economic growth and
products. By purchasing these biobased be provided for entities that supply increased industry competitiveness
products, procuring agencies can biobased materials to manufacturers. worldwide, thereby, creating
increase opportunities for all of these Conversely, the biobased procurement opportunities for small entities.
benefits. On a national and regional program may decrease opportunities for
level, today’s proposed rule can result businesses that manufacture or sell non- C. Executive Order 12630:
in expanding and strengthening markets biobased products or provide Governmental Actions and Interference
for biobased materials used in these 10 components for the manufacturing of With Constitutionally Protected Property
items. However, because the extent to such products. However, the proposed Rights
which procuring agencies will find the rule will not affect existing purchase This proposed rule has been reviewed
performance and costs of biobased orders and it will not preclude in accordance with Executive Order
products acceptable is unknown, it is procuring agencies from continuing to 12630, Governmental Actions and
impossible to quantify the actual purchase non-biobased items under Interference with Constitutionally
economic effect of today’s proposed certain conditions relating to the Protected Property Rights, and does not
rule. USDA, however, anticipates the availability, performance, or cost of contain policies that would have
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annual economic effect of the biobased items. Today’s proposed rule implications for these rights.
designation of these 10 items to be will also not preclude businesses from
substantially below the $100 million modifying their product lines to meet D. Executive Order 12988: Civil Justice
threshold. In addition, today’s proposed new specifications or solicitation Reform
rule does not do any of the following: requirements for these products This proposed rule has been reviewed
Create serious inconsistency or containing biobased materials. Thus, the in accordance with Executive Order

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47586 Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 / Proposed Rules

12988, Civil Justice Reform. This which requires Government agencies in publication of the final rule], procuring
proposed rule does not preempt State or general to provide the public the option agencies, in accordance with this part,
local laws, is not intended to have of submitting information or transacting will give a procurement preference for
retroactive effect, and does not involve business electronically to the maximum qualifying biobased adhesive and mastic
administrative appeals. extent possible. USDA is implementing removers. By that date, Federal agencies
an electronic information system for that have the responsibility for drafting
E. Executive Order 13132: Federalism
posting information voluntarily or reviewing specifications for items to
This proposed rule does not have submitted by manufacturers or vendors be procured shall ensure that the
sufficient federalism implications to on the products they intend to offer for relevant specifications require the use of
warrant the preparation of a Federalism preferred procurement under each item biobased adhesive and mastic removers.
Assessment. Provisions of this proposed designated. For information pertinent to (d) Exemptions. Spacecraft systems
rule will not have a substantial direct GPEA compliance related to this rule, and launch support equipment
effect on States or their political please contact Marvin Duncan at (202) applications are exempt from the
subdivisions or on the distribution of 401–0461. preferred procurement requirement for
power and responsibilities among the this item.
various government levels. List of Subjects in 7 CFR Part 2902
Biobased products, Procurement. § 2902.17 Insulating Foam for Wall
F. Unfunded Mandates Reform Act of Construction.
1995 For the reasons stated in the
preamble, the Department of Agriculture (a) Definition. Products designed to
This proposed rule contains no proposes to amend 7 CFR chapter XXIX provide a sealed thermal barrier for
Federal mandates under the regulatory as follows: residential or commercial construction
provisions of Title II of the Unfunded applications.
Mandates Reform Act of 1995 (UMRA), CHAPTER XXIX—OFFICE OF ENERGY
POLICY AND NEW USES, DEPARTMENT OF (b) Minimum biobased content. The
2 U.S.C. 1531–1538, for State, local, and AGRICULTURE minimum biobased content is 8 percent
tribal governments, or the private sector. and shall be based on the amount of
Therefore, a statement under section PART 2902—GUIDELINES FOR qualifying biobased carbon in the
202 of UMRA is not required. DESIGNATING BIOBASED PRODUCTS product as a percent of the weight
G. Executive Order 12372: FOR FEDERAL PROCUREMENT (mass) of the total organic carbon in the
Intergovernmental Review of Federal finished product.
1. The authority citation for part 2902
Programs continues to read as follows: (c) Preference effective date. No later
than [date one year after the date of
For the reasons set forth in the Final Authority: 7 U.S.C. 8102. publication of the final rule], procuring
Rule Related Notice for 7 CFR part 3015,
2. Add §§ 2902.16 through 2902.25 to agencies, in accordance with this part,
subpart V (48 FR 29115, June 24, 1983),
subpart B to read as follows: will give a procurement preference for
this program is excluded from the scope
qualifying biobased insulating foam for
of the Executive Order 12372, which Subpart B—Designated Items wall construction. By that date, Federal
requires intergovernmental consultation
* * * * * agencies that have the responsibility for
with State and local officials. This
Sec. drafting or reviewing specifications for
program does not directly affect State
2902.16 Adhesive and Mastic Removers. items to be procured shall ensure that
and local governments.
2902.17 Insulating Foam for Wall the relevant specifications require the
H. Executive Order 13175: Consultation Construction. use of biobased insulating foam for wall
and Coordination With Indian Tribal 2902.18 Hand Cleaners and Sanitizers. construction.
Governments 2902.19 Composite Panels. (d) Determining overlap with an EPA-
2902.20 Fluid-filled Transformers. designated recovered content product.
Today’s proposed rule does not 2902.21 Biodegradable Containers.
significantly or uniquely affect ‘‘one or 2902.22 Fertilizers.
Qualifying biobased products that fall
more Indian tribes, * * * the 2902.23 Metalworking Fluids. under this item may, in some cases,
relationship between the Federal 2902.24 Sorbents. overlap with the EPA-designated
Government and Indian tribes, or * * * 2902.25 Graffiti and Grease Removers. recovered content product: Building
the distribution of power and Insulation. USDA is requesting that
responsibilities between the Federal Subpart B—Designated Items manufacturers of these qualifying
Government and Indian tribes.’’ Thus, biobased products provide information
* * * * *
no further action is required under on the USDA Web site of qualifying
Executive Order 13175. § 2902.16 Adhesive and Mastic Removers. biobased products about the intended
(a) Definition. Industrial cleaning uses of the product, information on
I. Paperwork Reduction Act solvent products formulated for use in whether or not the product contains any
In accordance with the Paperwork removing asbestos, carpet, and ceramic recovered material, in addition to
Reduction Act of 1995 (44 U.S.C. 3501 tile mastics as well as adhesive biobased ingredients, and performance
through 3520), the information materials, including glue, tape, and standards against which the product has
collection under this proposed rule is gum, from various surface types. been tested. This information will assist
currently approved under OMB control (b) Minimum biobased content. The Federal agencies in determining
number 0503–0011. minimum biobased content is 58 whether or not a qualifying biobased
percent and shall be based on the product overlaps with EPA-designated
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J. Government Paperwork Elimination building insulation and which product


amount of qualifying biobased carbon in
Act Compliance should be afforded the preference in
the product as a percent of the weight
The Office of Energy Policy and New (mass) of the total organic carbon in the purchasing.
Uses is committed to compliance with finished product. (e) Exemptions. Spacecraft systems
the Government Paperwork Elimination (c) Preference effective date. No later and launch support equipment
Act (GPEA) (44 U.S.C. 3504 note), than [date one year after the date of applications are exempt from the

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Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 / Proposed Rules 47587

preferred procurement requirement for qualifying biobased products provide (b) Minimum biobased content. The
this item. information on the USDA Web site of minimum biobased content is 96
qualifying biobased products about the percent and shall be based on the
§ 2902.18 Hand Cleaners and Sanitizers. intended uses of the product, amount of qualifying biobased carbon in
(a) Definition. Personal care products information on whether or not the the product as a percent of the weight
formulated for use in removing a variety product contains any recovered (mass) of the total organic carbon in the
of different soils, greases, and bacteria material, in addition to biobased finished product.
from human hands with or without the ingredients, and performance standards (c) Preference effective date. No later
use of water. against which the product has been than [date one year after the date of
(b) Minimum biobased content. The tested. This information will assist publication of the final rule], procuring
minimum biobased content is 18 Federal agencies in determining agencies, in accordance with this part,
percent and shall be based on the whether or not a qualifying biobased will give a procurement preference for
amount of qualifying biobased carbon in product overlaps with EPA-designated qualifying biobased biodegradable
the product as a percent of the weight laminated paperboard, structural foam containers. By that date, Federal
(mass) of the total organic carbon in the board, shower and restroom dividers, agencies that have the responsibility for
finished product. and signage, and which product should drafting or reviewing specifications for
(c) Preference effective date. No later be afforded the preference in items to be procured shall ensure that
than [date one year after the date of purchasing. the relevant specifications require the
publication of the final rule], procuring (e) Exemptions. Spacecraft systems use of biobased biodegradable
agencies, in accordance with this part, and launch support equipment containers.
will give a procurement preference for applications are exempt from the (d) Exemptions. Spacecraft systems
qualifying biobased hand cleaners and preferred procurement requirement for and launch support equipment
sanitizers. By that date, Federal agencies this item. applications are exempt from the
that have the responsibility for drafting preferred procurement requirement for
or reviewing specifications for items to § 2902.20 Fluid-filled Transformers. this item.
be procured shall ensure that the (a) Definition. Electric power
relevant specifications require the use of transformers that are designed to utilize § 2902.22 Fertilizers.
biobased hand cleaners and sanitizers. a dielectric (non-conducting) fluid to (a) Definition. Products formulated or
(d) Exemptions. Spacecraft systems provide insulating and cooling processed to provide nutrients for plant
and launch support equipment properties. growth and/or beneficial bacteria to
applications are exempt from the (b) Minimum biobased content. The convert nutrients into plant usable
preferred procurement requirement for minimum biobased content is 66 forms.
this item. percent and shall be based on the (b) Minimum biobased content. The
amount of qualifying biobased carbon in minimum biobased content is 71
§ 2902.19 Composite Panels. percent and shall be based on the
the dielectric fluid within the fluid-
(a) Definition. Engineered products filled transformer as a percent of the amount of qualifying biobased carbon in
designed for use in non-structural weight (mass) of the total organic carbon the product as a percent of the weight
construction applications, including in the fluid. (mass) of the total organic carbon in the
wall panels, shelving, decorative panels, (c) Preference effective date. No later finished product.
lavatory dividers, and exterior signs. than [date one year after the date of (c) Preference effective date. No later
(b) Minimum biobased content. The publication of the final rule], procuring than [date one year after the date of
minimum biobased content is 26 agencies, in accordance with this part, publication of the final rule], procuring
percent and shall be based on the will give a procurement preference for agencies, in accordance with this part,
amount of qualifying biobased carbon in qualifying biobased fluid-filled will give a procurement preference for
the product as a percent of the weight transformers. By that date, Federal qualifying biobased fertilizers. By that
(mass) of the total organic carbon in the agencies that have the responsibility for date, Federal agencies that have the
finished product. drafting or reviewing specifications for responsibility for drafting or reviewing
(c) Preference effective date. No later items to be procured shall ensure that specifications for items to be procured
than [date one year after the date of the relevant specifications require the shall ensure that the relevant
publication of the final rule], procuring use of biobased fluid-filled transformers. specifications require the use of
agencies, in accordance with this part, (d) Exemptions. The following biobased fertilizers.
will give a procurement preference for applications are exempt from the (d) Determining overlap with an EPA-
qualifying biobased composite panels. preferred procurement requirement for designated recovered content product.
By that date, Federal agencies that have this item: Qualifying biobased products that fall
the responsibility for drafting or (1) Military equipment: Product or under this item may, in some cases,
reviewing specifications for items to be system designed or procured for combat overlap with the EPA-designated
procured shall ensure that the relevant or combat-related missions. recovered content product: Fertilizers
specifications require the use of (2) Spacecraft systems and launch Made From Recovered Organic
biobased composite panels. support equipment. Materials. USDA is requesting that
(d) Determining overlap with an EPA- manufacturers of these qualifying
designated recovered content product. § 2902.21 Biodegradable Containers. biobased products provide information
Qualifying biobased products that fall (a) Definition. Products capable of on the USDA Web site of qualifying
under this item may, in some cases, complying with the specifications biobased products about the intended
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overlap with the following EPA- established in the biodegradability uses of the product, information on
designated recovered content products: standard ASTM D6400 ‘‘Standard whether or not the product contains any
Laminated Paperboard and Structural Specifications for Compostable Plastics’’ recovered material, in addition to
Foam Board; Shower and Restroom and designed to be used for temporary biobased ingredients, and performance
Dividers; and Signage. USDA is storage or transportation of materials standards against which the product has
requesting that manufacturers of these such as food items. been tested. This information will assist

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47588 Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 / Proposed Rules

Federal agencies in determining § 2902.24 Sorbents. sorbents and which product should be
whether or not a qualifying biobased (a) Definition. Materials formulated afforded the preference in purchasing.
product overlaps with EPA-designated for use in the clean up and (e) Exemptions. Spacecraft systems
fertilizers and which product should be bioremediation of oil and chemical and launch support equipment
afforded the preference in purchasing. spills, the disposal of liquid materials, applications are exempt from the
(e) Exemptions. Spacecraft systems or the prevention of leakage or leaching preferred procurement requirement for
in maintenance applications, shop this item.
and launch support equipment
applications are exempt from the floors, and fuel storage areas. § 2902.25 Graffiti and Grease Removers.
preferred procurement requirement for (b) Minimum biobased content. The
(a) Definition. Industrial solvent
this item. minimum biobased content is 52
products formulated to remove
percent and shall be based on the
automotive, industrial, or kitchen soils
§ 2902.23 Metalworking Fluids. amount of qualifying biobased carbon in
and oils, including grease, paint, and
the product as a percent of the weight
(a) Definition. Products formulated for other coatings, from hard surfaces.
(mass) of the total organic carbon in the
use in a re-circulating fluid system to (b) Minimum biobased content. The
finished product.
provide cooling, lubrication, and minimum biobased content is 21
(c) Preference effective date. No later
corrosion prevention when applied to percent and shall be based on the
than [date one year after the date of
metal feedstock during operations such amount of qualifying biobased carbon in
publication of the final rule], procuring
as grinding and machining. the product as a percent of the weight
agencies, in accordance with this part,
(b) Minimum biobased content. The (mass) of the total organic carbon in the
will give a procurement preference for
minimum biobased content is 40 finished product. If the finished product
qualifying biobased sorbents. By that
percent and shall be based on the is to be diluted before use, the biobased
date, Federal agencies that have the
content of the remover must be
amount of qualifying biobased carbon in responsibility for drafting or reviewing
determined before dilution.
the undiluted product as a percent of specifications for items to be procured
(c) Preference effective date. No later
the weight (mass) of the total organic shall ensure that the relevant
than [date one year after the date of
carbon in the finished product. If the specifications require the use of
publication of the final rule], procuring
finished product is to be diluted before biobased sorbents.
agencies, in accordance with this part,
use, the biobased content of the fluid (d) Determining overlap with an EPA- will give a procurement preference for
must be determined before dilution. designated recovered content product. qualifying graffiti and grease removers.
(c) Preference effective date. No later Qualifying biobased products that fall By that date, Federal agencies that have
than [date one year after the date of under this item may, in some cases, the responsibility for drafting or
publication of the final rule], procuring overlap with the EPA-designated reviewing specifications for items to be
agencies, in accordance with this part, recovered content product: Sorbents. procured shall ensure that the relevant
USDA is requesting that manufacturers specifications require the use of
will give a procurement preference for
of these qualifying biobased products biobased graffiti and grease removers.
qualifying biobased metalworking
provide information on the USDA Web (d) Exemptions. Spacecraft systems
fluids. By that date, Federal agencies
site of qualifying biobased products and launch support equipment
that have the responsibility for drafting
about the intended uses of the product, applications are exempt from the
or reviewing specifications for items to
information on whether or not the preferred procurement requirement for
be procured shall ensure that the product contains any recovered
relevant specifications require the use of this item.
material, in addition to biobased
biobased metalworking fluids. ingredients, and performance standards Dated: August 10, 2006.
(d) Exemptions. Spacecraft systems against which the product has been Keith Collins,
and launch support equipment tested. This information will assist Chief Economist, U.S. Department of
applications are exempt from the Federal agencies in determining Agriculture.
preferred procurement requirement for whether or not a qualifying biobased [FR Doc. 06–6922 Filed 8–16–06; 8:45 am]
this item. product overlaps with EPA-designated BILLING CODE 3410–GL–P
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