[Federal Register Volume 79, Number 207 (Monday, October 27, 2014)]
[Proposed Rules]
[Pages 63841-63846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25418]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 79, No. 207 / Monday, October 27, 2014 /
Proposed Rules
[[Page 63841]]
DEPARTMENT OF AGRICULTURE
7 CFR Part 3201
RIN 0599-AA23
Guidelines for Designating Biobased Products for Federal
Procurement
AGENCY: Office of Procurement and Property Management, USDA.
ACTION: Proposed rule.
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SUMMARY: The U.S. Department of Agriculture (USDA) is proposing to
amend its regulations concerning guidelines for designating biobased
products for Federal procurement, to incorporate statutory changes to
section 9002 of the Farm Security and Rural Investment Act (the 2002
Farm Bill) that went into effect when the Agricultural Act of 2014 (the
2014 Farm Bill) was signed into law on February 7, 2014.
DATES: USDA will accept public comments on these proposed rule
amendments until December 26, 2014.
ADDRESSES: You may submit comments by any of the following methods. All
submissions received must include the agency name and Regulatory
Information Number (RIN). The RIN for this rulemaking is 0599-AA23.
Also, please identify submittals as pertaining to the ``Proposed
Amendments to BioPreferred Program Guidelines.''
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected]. Include RIN number 0599-AA23
and ``Proposed Amendments to BioPreferred Program Guidelines'' on the
subject line. Please include your name and address in your message.
Mail/commercial/hand delivery: Mail or deliver your
comments to: Ron Buckhalt, USDA, Office of Procurement and Property
Management, Room 361, Reporters Building, 300 7th St. SW., Washington,
DC 20024.
Persons with disabilities who require alternative means
for communication for regulatory information (Braille, large print,
audiotape, etc.) should contact the USDA TARGET Center at (202) 720-
2600 (voice) and (202) 690-0942 (TTY).
FOR FURTHER INFORMATION CONTACT: Ron Buckhalt, USDA, Office of
Procurement and Property Management, Room 361, Reporters Building, 300
7th St. SW., Washington, DC 20024; email: [email protected]; phone
(202) 205-4008. Information regarding the Federal biobased preferred
procurement program (one part of the BioPreferred Program) is available
on the Internet at http://www.biopreferred.gov.
SUPPLEMENTARY INFORMATION: The information presented in this preamble
is organized as follows:
I. Authority
II. Background
III. Executive Summary
IV. Discussion of This Proposed Rule
V. Request for Comment
VI. Regulatory Information
A. Executive Orders 12866 and 13563: Regulatory Planning and
Review
B. Regulatory Flexibility Act (RFA)
C. Executive Order 12630: Governmental Actions and Interference
With Constitutionally Protected Property Rights
D. Executive Order 12988: Civil Justice Reform
E. Executive Order 13132: Federalism
F. Unfunded Mandates Reform Act of 1995
G. Executive Order 12372: Intergovernmental Review of Federal
Programs
H. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
I. Paperwork Reduction Act
J. E-Government Act Compliance
I. Authority
The Guidelines for Designating Biobased Products for Federal
Procurement (the Guidelines) are established under the authority of
section 9002 of the Farm Security and Rural Investment Act of 2002 (the
2002 Farm Bill), as amended by the Food, Conservation, and Energy Act
of 2008 (the 2008 Farm Bill), and further amended by the Agricultural
Act of 2014 (the 2014 Farm Bill), 7 U.S.C. 8102. (Section 9002 of the
2002 Farm Bill, as amended by the 2008 and the 2014 Farm Bills, is
referred to in this document as ``section 9002'').
II. Background
As originally enacted, section 9002 provides for the preferred
procurement of biobased products by Federal agencies. USDA proposed the
Guidelines for implementing this preferred procurement program on
December 19, 2003 (68 FR 70730-70746). The Guidelines were promulgated
on January 11, 2005 (70 FR 1792), and are contained in 7 CFR part 3201,
``Guidelines for Designating Biobased Products for Federal
Procurement.''
The Guidelines identify various procedures Federal agencies are
required to follow in implementing the requirements of section 9002.
They were modeled in part on the ``Comprehensive Procurement Guidelines
for Products Containing Recovered Materials'' (40 CFR part 247), which
the Environmental Protection Agency (EPA) issued pursuant to the
Resource Conservation Recovery Act (``RCRA''), 40 U.S.C. 6962.
On June 18, 2008, the 2008 Farm Bill was signed into law. Section
9001 of the 2008 Farm Bill included several provisions that amended the
provisions of section 9002. USDA subsequently amended the Guidelines to
incorporate those provisions of the 2008 Farm Bill (79 FR 44641).
The purpose of these proposed rule amendments is to further revise
the Guidelines to incorporate additional changes to section 9002 that
were included in the 2014 Farm Bill. These proposed guidelines will not
affect products that have already been designated for Federal
procurement preference. Any changes necessary to the existing
designation status of products will be established by future rule-
makings.
III. Executive Summary
USDA is proposing to amend 7 CFR part 3201 to incorporate statutory
changes to section 9002 of the Farm Security and Rural Investment Act
made by enactment of the Agricultural Act of 2014 on February 7, 2014.
The remainder of this section presents a brief summary of the proposed
amendments to the existing Guidelines and Section IV of this preamble
presents more detailed discussions.
A. Purpose of the Regulatory Action
1. Need for the Regulatory Action
The 2014 Farm Bill contains legislative requirements related to the
Biobased Markets Program that cannot be implemented without the
establishment of further guidance. For
[[Page 63842]]
example, the proposed amendments provide the framework for implementing
the requirement that USDA promote biobased products regardless of the
date of entry into the marketplace, thus overriding previous regulatory
provisions excluding ``mature market'' \a\ products. The proposed
action also responds to Congressional direction that USDA promote
biobased products, including forest products, that apply an innovative
approach to growing, harvesting, sourcing, procuring, processing,
manufacturing, or application of biobased products regardless of the
date of entry into the marketplace. This proposed regulatory action
revises the definition of ``biobased product'' to state that the term
includes forest products that meet biobased content requirements,
notwithstanding the market share the product holds, the age of the
product, or whether the market for the product is new or emerging. This
proposed rule establishes procedures to carry out this and other
provisions of the Agricultural Act of 2014.
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\a\ Mature market products previously were defined as those that
had a significant market share prior to 1972. USDA developed this
exclusion based on the legislative history of the 2002 Farm Bill.
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2. Legal Authority for the Regulatory Action
Enactment of the Agricultural Act of 2014 (Pub. L. 113-79) on
February 7, 2014 provides the legal authority for the proposed rule.
B. Summary of Major Provisions of the Proposed Rule
1. Revisions to the BioPreferred Program Definitions
USDA is proposing to amend 7 CFR 3201.2 by revising one definition
and adding two new definitions for terms that are used in the
Guidelines as a result of revisions to section 9002 made by the 2014
Farm Bill. USDA is proposing to revise the definition of ``biobased
product'' to state that the term includes forest products that meet
biobased content requirements, notwithstanding the market share the
product holds, the age of the product, or whether the market for the
product is new or emerging.
USDA is adding definitions for the terms ``forest product'' and
``renewable chemical.'' These terms were defined in the text of the
2014 Farm Bill and USDA is proposing to add them verbatim to the
BioPreferred Program Guidelines.
USDA is also proposing to delete the current definition of
``forestry materials'' from section 3201.2. USDA is proposing to delete
the existing definition of the term ``forestry materials'' because the
newly defined term ``forest product'' is more appropriate and, thus,
will generally replace the existing term.
2. Addition of Reporting Requirements
USDA is also proposing to add a new paragraph (b)(1)(iv) to section
3201.4 to require Federal agencies to report the quantities and types
of biobased products purchased. This proposed new paragraph responds to
specific language included in the 2014 Farm Bill and is intended to
provide a means by which the effectiveness of the BioPreferred program
can be measured.
3. Addition of Targeted, Biobased-Only Purchasing Requirement
USDA is also proposing to add a new paragraph (b)(4) to section
3201.4 ``Procurement programs.'' This new paragraph would add the 2014
Farm Bill requirement that Federal procuring agencies establish a
targeted biobased-only procurement requirement under which the
procuring agency must issue a certain number of biobased-only contracts
when the agency is purchasing products, or purchasing services that
include the use of products, that are included in a biobased product
category designated by the Secretary.
4. Addition of Criteria for Evaluating ``Innovative Approaches''
USDA is also proposing to add paragraphs to section 3201.5
``Category designation'' to expand the description of the procedures
and considerations for designating product categories, including those
product categories that were excluded from the BioPreferred program
under the previous mature market products exclusion. The Conference
Report on the 2014 Farm Bill states: ``It is the Managers' intention
that all products in the program use innovative approaches in the
growing, harvesting, sourcing, procuring, processing, manufacturing, or
application of the biobased product.'' USDA is, therefore, proposing
criteria to be used when evaluating whether biobased products meet the
requirement to use ``innovative approaches.''
C. Costs, Benefits, and Transfers
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Type Costs Benefits Transfers
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Quantitative..................... Unable to quantify at Unable to quantify at Unable to quantify at
this time; USDA seeks this time; USDA seeks this time; USDA seeks
comments that would help comments that would comments that would
to inform a quantitative help to inform a help to inform a
estimate of impacts. quantitative estimate quantitative estimate
of impacts. of impacts.
Qualitative...................... 1. Costs of developing Advances the objectives 1. Opens new (Federal)
biobased alternative of the BioPreferred market for biobased
products; program, as envisioned products that USDA
2. Costs to gather and by Congress in newly designates.
submit biobased product developing the 2002, 2. Opportunity for newly
information for 2008, and 2014 Farm developed biobased
BioPreferred Web site;. Bills. products to be
publicized via
BioPreferred Web site.
3. Loss of market share
by manufacturers who
choose not to offer
biobased versions of
products.
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IV. Discussion of This Proposed Rule
USDA is proposing to amend four sections of 7 CFR part 3201, as
described below.
A. 7 CFR 3201.2--Definitions
USDA is proposing to amend 7 CFR 3201.2 by revising one existing
definition and adding two new definitions for terms that are used in
the Guidelines as a result of revisions to section 9002 made by the
2014 Farm Bill.
USDA is proposing to revise the existing definition of the term
``biobased product'' to include a statement that the term includes
forest products that meet biobased content requirements,
[[Page 63843]]
notwithstanding the market share the product holds, the age of the
product, or whether the market for the product is new or emerging. The
addition of this statement to the definition of ``biobased product'' is
taken directly from the language in the 2014 Farm Bill and emphasizes
Congress' intention that the mature market exclusion be removed and
that most forest products be accepted into the BioPreferred program.
USDA is adding definitions for the terms ``forest product'' and
``renewable chemicals.'' These terms were defined in the text of the
2014 Farm Bill and USDA is proposing to add them verbatim to the
BioPreferred Program Guidelines. The term ``forest product'' is used in
language clarifying Congress' intent that these products, regardless of
the market share the product holds, the age of the product, or whether
the product's market is new or emerging, are eligible for the
procurement and labeling program as long as the product meets biobased
content requirements and use innovative approaches in the growing,
harvesting, sourcing, procuring, processing, manufacturing, or
application of the biobased product.
The term ``renewable chemical'' is also defined in the 2014 Farm
Bill and USDA is proposing to add this definition to the BioPreferred
Program Guidelines. Both the 2008 and 2014 Farm Bills emphasize
Congress' intent that USDA include intermediate ingredients and
feedstock materials in the BioPreferred program and renewable chemicals
make up a significant portion of these biobased materials. USDA
believes that having a clear definition of the term ``renewable
chemicals'' will be useful as intermediate ingredients and feedstock
materials are incorporated into the BioPreferred program.
USDA is proposing to delete the existing definition of the term
``forestry materials'' because it is no longer needed. The term
``forest product'' is more appropriate and, thus, will essentially
replace the existing term.
B. 7 CFR 3201.4--Procurement Programs
USDA is proposing to add a new paragraph (b)(1)(iv) to section
3201.4 to address the language in the 2014 Farm Bill that requires
Federal agencies to report the quantities and types of biobased
products purchased. This proposed reporting requirement is intended to
provide a means by which the effectiveness of the BioPreferred program
can be measured.
USDA is also proposing to add a new paragraph (b)(4) that specifies
that Federal procuring agencies must establish a targeted biobased-only
procurement requirement under which the procuring agency shall issue a
certain number of biobased-only contracts when the procuring agency is
purchasing products, or purchasing services that include the use of
products, that are included in a biobased product category designated
by the Secretary. This requirement is specified in the text of the 2014
Farm Bill and USDA is proposing to incorporate it into the Guidelines
using the language as it appears there. The targeted biobased-only
procurement requirement will result in increased opportunities for
biobased product manufacturers to market their products.
C. 7 CFR 3201.5--Category Designation
The text of the 2014 Farm Bill includes a statement that the
Guidelines for the BioPreferred program shall ``promote biobased
products, including forest products, that apply an innovative approach
to growing, harvesting, sourcing, procuring, processing, manufacturing,
or application of biobased products regardless of the date of entry
into the marketplace.'' Product categories that were previously
considered to be mature market products and, thus, ineligible for the
BioPreferred program will now be included in the program if
manufacturers demonstrate that they apply an ``innovative approach'' in
the life cycle of their product. Working in conjunction with the USDA
Forest Products Laboratory, as required by the 2014 Farm Bill (Section
9002(h)), USDA has developed proposed criteria that would be used in
evaluating whether the ``innovative approach'' requirement has been met
for a product category under consideration for designation. USDA is
proposing that reserved paragraph (b)(2) of section 3201.5 now be used
to present the criteria for evaluating products that were excluded
under the mature markets exclusion.
USDA is proposing that any one or more of four possible criteria
must be met to demonstrate that a biobased product uses ``innovative
approaches.'' The first possible criterion would require that the
product or material is either used or applied in applications that
differ from historical applications or that the product or material is
grown, harvested, manufactured, processed, sourced, or applied in other
innovative ways. There is an unknown, ever changing, and potentially
very large number of innovative approaches that may be used in the
manufacturing and/or application of biobased products. Therefore, USDA
will review information supporting claims of meeting criterion number
one and will approve the claims on a case-by-case basis.
The second possible criterion would require that the product or
material is manufactured or processed using renewable, biomass energy
or using technology that is demonstrated to increase energy efficiency
or reduce reliance on fossil fuel based energy sources or that the
product or material is manufactured or processed with technologies that
ensure high feedstock material recovery and use.
The third possible criterion would require that the product or
material has a current Environmental Product Declaration as defined by
International Standard ISO 14025, Environmental Labels and
Declarations--Type III Environmental Declarations--Principles and
Procedures.
The fourth possible criterion would require that the product or
material is either:
1. Sourced from a Legal Source (see Note below), a Responsible
Source, or a Certified Source as designated by ASTM D7612-10, Standard
Practice for Categorizing Wood and Wood-Based Products According to
Their Fiber Sources, or
2. 100% resourced or recycled (such as material obtained from
building deconstruction), or
3. from an urban environment and is acquired as a result of
activities related to a natural disaster, land clearing, right-of-way
maintenance, tree health improvement, or public safety.
Note: In item 1 above, the term ``legal source'' (also referred
to as a ``non-controversial source'') means that the wood fibers are
from jurisdictions with a low risk of illegal activity or from
controlled wood standards, stair-step standards, legality
assessments, or other proprietary standards. Products from non-
controversial sources are traceable to the applicable jurisdiction,
or chain of custody.
``Responsible source'' means that the wood fibers are acquired
from a legal source utilizing independently certified procurement
standards or are from a proprietary forestry standard or from
jurisdictions with regulatory or quasi-regulatory programs to
implement best management practices.
``Certified sources'' means wood fiber acquired in accordance
with, and independently certified to, an internationally recognized
voluntary forest certification standard or equivalent.
USDA believes that meeting any one or more of these four criteria
would be an acceptable demonstration that a biobased product uses
innovative approaches in either the growing, harvesting, sourcing,
procuring, processing, manufacturing, or application of the product.
[[Page 63844]]
D. 7 CFR 3201.6--Providing Product Information to Federal Agencies
USDA is proposing to revise paragraph (a)(1) to read ``The Web site
will, as determined to be necessary by the Secretary based on the
availability of data, provide information as to the availability,
price, biobased content, performance and environmental and public
health benefits of the designated product categories and designated
intermediate ingredient or feedstock categories. The 2014 Farm Bill
added the phrase ``as determined to be necessary by the Secretary based
on the availability of data'' to the description of the types of data
to be provided by USDA.
V. Request for Comment
USDA is requesting comment on all aspects of these proposed
amendments to the Guidelines. In particular, USDA requests that
stakeholders provide comment on the following topics:
1. Whether the proposed definitions are clear, complete, and
appropriate.
2. Whether the criteria that are being proposed for use in
determining if biobased products meet the requirement to apply an
``innovative approach'' are appropriate and, if not, specific
recommendations on alternative criteria. USDA is particularly
interested in expanding the criteria to apply to products made from
traditional materials such as cotton, wool, leather, or other biobased
materials.
3. Whether the requirement that Federal procuring agencies
establish a targeted biobased-only procurement requirement under which
the procuring agency must issue a certain number of biobased-only
contracts when the agency is purchasing products, or purchasing
services that include the use of products should be more specific
(i.e., establish a minimum percentage to define the ``certain number of
biobased-only contracts'').
VI. Regulatory Information
A. Executive Orders 12866 and 13563: Regulatory Planning and Review
Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action'' under section 3(f) of Executive Order 12866. Accordingly, the
rule has been reviewed by the Office of Management and Budget.
1. Need for the Rule
This proposed rule would amend the BioPreferred Program Guidelines
to establish the regulatory framework for the designation of product
categories that were previously excluded from the Federal procurement
preference because they were mature market products. The designation of
such products is specifically required under the Agricultural Act of
2014, which states that the Guidelines shall: ``(vi) promote biobased
products, including forest products, that apply an innovative approach
to growing, harvesting, sourcing, procuring, processing, manufacturing,
or application of biobased products regardless of the date of entry
into the marketplace.''
2. Transfers
This rule advances the objectives of the BioPreferred program, as
envisioned by Congress in the 2002, 2008 and 2014 Farm Bills, by
expanding the scope of products that may be considered for Federal
procurement preference. The entry into the BioPreferred program of
biobased products that were previously considered to be mature market
products will open a new Federal market for biobased products that are
designated by USDA and also provides newly developed biobased products
to be publicized via the BioPreferred Web site. Thus, the rule is
expected to increase demand for these products once designated, which,
in turn, is expected to increase demand for those agricultural products
that can serve as ingredients and feedstocks. This Federal procurement
preference will thus yield private benefits for businesses producing
these ingredients and feedstocks.
Simultaneously, this action would reduce demand for products that
do not receive Federal Procurement Preference designation. Producers of
biobased products, including intermediate ingredients and feedstocks,
that are not so designated or producers of non-biobased products could
face a loss of market share within Federal procurement. We request
information that would help us quantify the shift in product sales
resulting from this action.
3. Costs
Manufacturers of biobased products will incur the actual costs of
developing the biobased products as well as the costs to gather and
submit the biobased product information for the BioPreferred Web site.
The costs of developing and marketing new products is, in this case, a
voluntary expense if manufacturers choose to pursue a share of the
biobased product market.
Although this proposed rule would amend or establish procedures for
designating qualifying biobased product categories, no product
categories are proposed to be designated today. The actual designation
of biobased product categories under this program will be accomplished
through future rulemaking actions and the effect of those rulemakings
on the economy will be addressed at that time.
B. Regulatory Flexibility Act (RFA)
The RFA, 5 U.S.C. 601-602, generally requires an agency to prepare
a regulatory flexibility analysis of any rule subject to notice and
comment rulemaking requirements under the Administrative Procedure Act
or any other statute unless the agency certifies that the rule will not
have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
Although the BioPreferred program ultimately may have a direct
impact on a substantial number of small entities, USDA has determined
that this proposed rule itself will not have a direct significant
economic impact on a substantial number of small entities. This rule
will directly affect Federal agencies, which will be required to
consider designated products for purchase. In addition, private sector
manufacturers and vendors of biobased products voluntarily may provide
information to USDA through the means set forth in this rule. However,
the rule imposes no requirement on manufacturers and vendors to do so,
and does not differentiate between manufacturers and vendors based on
size. USDA does not know how many small manufacturers and vendors may
opt to participate at this stage of the program.
As explained above, when USDA issues a proposed rulemaking to
designate product categories for preferred procurement under this
program, USDA will assess the anticipated impact of such designations,
including the impact on small entities. USDA anticipates that this
program will positively impact small entities that manufacture or sell
biobased products. For example, once product categories are designated,
this program will provide additional opportunities for small businesses
to manufacture and
[[Page 63845]]
sell biobased products to Federal agencies. This program also will
impact indirectly small entities that supply biobased materials to
manufacturers. Additionally, this program may decrease opportunities
for small businesses that manufacture or sell non-biobased products or
provide components for the manufacturing of such products. It is
difficult for USDA to definitively assess these anticipated impacts on
small entities until USDA proposes product categories for designation.
This rule does not designate any product categories.
C. Executive Order 12630: Governmental Actions and Interference With
Constitutionally Protected Property Rights
This proposed rule has been reviewed in accordance with Executive
Order 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights, and does not contain
policies that would have implications for these rights.
D. Executive Order 12988: Civil Justice Reform
This proposed rule has been reviewed in accordance with Executive
Order 12988, Civil Justice Reform. This rule would not preempt State or
local laws, is not intended to have retroactive effect, and would not
involve administrative appeals.
E. Executive Order 13132: Federalism
This proposed rule would not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Provisions of this rule would not have a substantial direct effect on
States or their political subdivisions or on the distribution of power
and responsibilities among the various government levels.
F. Unfunded Mandates Reform Act of 1995
This proposed rule contains no Federal mandates under the
regulatory provisions of Title II of the Unfunded Mandates Reform Act
of 1995 (UMRA), 2 U.S.C. 1531-1538, for State, local, and tribal
governments, or the private sector. Therefore, a statement under
section 202 of UMRA is not required.
G. Executive Order 12372: Intergovernmental Review of Federal Programs
For the reasons set forth in the Final Rule Related Notice for 7
CFR part 3015, subpart V (48 FR 29115, June 24, 1983), this program is
excluded from the scope of the Executive Order 12372, which requires
intergovernmental consultation with State and local officials. This
program does not directly affect State and local governments.
H. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This proposed rule has been reviewed in accordance with the
requirements of Executive Order 13175, Consultation and Coordination
with Indian Tribal Governments. The review reveals that this proposed
regulation will not have substantial and direct effects on Tribal
governments and will not have significant Tribal implications.
I. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 through 3520), the information collection under the Guidelines is
currently approved under OMB control number 0503-0011.
J. E-Government Act Compliance
USDA is committed to compliance with the E-Government Act, which
requires Government agencies, in general, to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. USDA is implementing an electronic
information system for posting information voluntarily submitted by
manufacturers or vendors on the products they intend to offer for
Federal preferred procurement under each designated item. For
information pertinent to E-Government Act compliance related to this
rule, please contact Ron Buckhalt at (202) 205-4008.
List of Subjects in 7 CFR Part 3201
Biobased products, Procurement.
For the reasons stated in the preamble, the Department of
Agriculture is proposing to amend 7 CFR part 3201 as follows:
PART 3201--GUIDELINES FOR DESIGNATING BIOBASED PRODUCTS FOR FEDERAL
PROCUREMENT
0
1. The authority citation for part 3201 continues to read as follows:
Authority: 7 U.S.C. 8102.
0
2. Section 3201.2 is amended by:
0
a. Revising the definition of ``Biobased product'';
0
b. Removing the definition of ``Forestry materials''; and
0
c. Adding, in alphabetical order, definitions for ``Forest product''
and ``Renewable chemical''.
The revision and additions read as follows:
Sec. 3201.2 Definitions.
* * * * *
Biobased product. (1) A product determined by USDA to be a
commercial or industrial product (other than food or feed) that is:
(i) Composed, in whole or in significant part, of biological
products, including renewable domestic agricultural materials and
forestry materials; or
(ii) An intermediate ingredient or feedstock.
(2) The term ``biobased product'' includes, with respect to
forestry materials, forest products that meet biobased content
requirements, notwithstanding the market share the product holds, the
age of the product, or whether the market for the product is new or
emerging.
* * * * *
Forest product. A product made from materials derived from the
practice of forestry or the management of growing timber. The term
``forest product'' includes:
(1) Pulp, paper, paperboard, pellets, lumber, and other wood
products; and
(2) Any recycled products derived from forest materials.
* * * * *
Renewable chemical. A monomer, polymer, plastic, formulated
product, or chemical substance produced from renewable biomass.
* * * * *
0
3. Section 3201.4 is amended by revising paragraphs (b)(1)(i) through
(iii) and adding paragraphs (b)(1)(iv) and (b)(4) to read as follows:
Sec. 3201.4 Procurement programs.
* * * * *
(b) * * *
(1) * * *
(i) A preference program for purchasing qualified biobased
products;
(ii) A promotion program to promote the preference program;
(iii) Provisions for the annual review and monitoring of the
effectiveness of the procurement program; and
(iv) Provisions for reporting quantities and types of biobased
products purchased by the Federal agency.
* * * * *
(4) No later than [insert date 1 year after publication of final
rule in the Federal Register], each Federal agency shall establish a
targeted biobased-only procurement requirement under which the
procuring agency shall issue a certain number of biobased-only
contracts when the procuring agency is purchasing products, or
purchasing services that include the use of products, that are included
in a
[[Page 63846]]
biobased product category designated by the Secretary.
* * * * *
0
4. Section 3201.5 is amended by adding paragraph (b)(2) to read as
follows:
Sec. 3201.5 Category designation.
(b) * * *
(2) In designating product categories and intermediate ingredient
or feedstock categories for the BioPreferred program, USDA will
consider as eligible only those products that use innovative approaches
in the growing, harvesting, sourcing, procuring, processing,
manufacturing, or application of the biobased product. USDA will
consider products that meet one or more of the criteria in paragraphs
(b)(2)(i) through (iv) of this section to be eligible for the
BioPreferred program. USDA may exclude from the BioPreferred program
any products whose manufacturers are unable to provide USDA with the
documentation necessary to verify claims that innovative approaches are
used in the growing, harvesting, sourcing, procuring, processing,
manufacturing, or application of their biobased products.
(i) Product applications. (A) The product or material is used or
applied in applications that differ from historical applications; or
(B) The product or material is grown, harvested, manufactured,
processed, sourced, or applied in other innovative ways.
(ii) Manufacturing and processing. (A) The product or material is
manufactured or processed using renewable, biomass energy or using
technology that is demonstrated to increase energy efficiency or reduce
reliance on fossil-fuel based energy sources; or
(B) The product or material is manufactured or processed with
technologies that ensure high feedstock material recovery and use.
(iii) Environmental Product Declaration. The product has a current
Environmental Product Declaration as defined by International Standard
ISO 14025, Environmental Labels and Declarations--Type III
Environmental Declarations--Principles and Procedures.
(iv) Raw material sourcing. (A) The raw material used in the
product is sourced from a Legal Source, a Responsible Source, or a
Certified Source as designated by ASTM D7612-10, Standard Practice for
Categorizing Wood and Wood-Based Products According to Their Fiber
Sources, or:
(B) The raw material used in the product is 100% resourced or
recycled (such as material obtained from building deconstruction), or
(C) The raw material used in the product is from an urban
environment and is acquired as a result of activities related to a
natural disaster, land clearing, right-of-way maintenance, tree health
improvement, or public safety.
* * * * *
0
5. Section 3201.6 is amended by revising the first sentence of
paragraph (a)(1) to read as follows:
Sec. 3201.6 Providing product information to Federal agencies.
(a)
(1) * * * The Web site will, as determined to be necessary by the
Secretary based on the availability of data, provide information as to
the availability, price, biobased content, performance and
environmental and public health benefits of the designated product
categories and designated intermediate ingredient or feedstock
categories. * * *
* * * * *
Dated: October 15, 2014.
Gregory L. Parham,
Assistant Secretary For Administration, U.S. Department of Agriculture.
[FR Doc. 2014-25418 Filed 10-24-14; 8:45 am]
BILLING CODE 3410-93-P