[Federal Register Volume 83, Number 179 (Friday, September 14, 2018)]
[Proposed Rules]
[Pages 46780-46810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19681]



[[Page 46779]]

Vol. 83

Friday,

No. 179

September 14, 2018

Part II





 Department of Agriculture





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Office of Procurement and Property Management





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7 CFR Part 3201





Designation of Product Categories for Federal Procurement; Proposed 
Rule

Federal Register / Vol. 83 , No. 179 / Friday, September 14, 2018 / 
Proposed Rules

[[Page 46780]]


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DEPARTMENT OF AGRICULTURE

Office of Procurement and Property Management

7 CFR Part 3201

RIN 0599-AA26


Designation of Product Categories for Federal Procurement

AGENCY: Office of Procurement and Property Management, USDA.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The U.S. Department of Agriculture (USDA) is proposing to 
amend the Guidelines for Designating Biobased Products for Federal 
Procurement (Guidelines) to add 30 sections that will designate the 
product categories within which biobased products would be afforded 
procurement preference by Federal agencies and their contractors. These 
30 product categories contain finished products that are made, in large 
part, from intermediate ingredients that have been proposed for 
designation for Federal procurement preference. USDA is also proposing 
minimum biobased contents for each of these product categories. 
Additionally, USDA is proposing to amend the existing designated 
product categories of general purpose de-icers, firearm lubricants, 
laundry products, and water clarifying agents.

DATES: USDA will accept public comments on this proposed rule until 
November 13, 2018.

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-AA26. 
Also, please identify submittals as pertaining to the ``Proposed 
Designation of Product Categories.''
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#086a6167787a6d6e6d7a7a6d6c577b7d7878677a7c4869656d6b6e7f266b6765"><span class="__cf_email__" data-cfemail="c7a5aea8b7b5a2a1a2b5b5a2a398b4b2b7b7a8b5b387a6aaa2a4a1b0e9a4a8aa">[email protected]</span></a>. Include RIN number 
0599-AA26 and ``Proposed Designation of Product Categories'' in the 
subject line. Please include your name and address in your message.
    <bullet> Mail/commercial/hand delivery: Mail or deliver your 
comments to: Karen Zhang, USDA, Office of Procurement and Property 
Management, Room 1640, USDA South Building, 1400 Independence Avenue 
SW, Washington, DC 20250.
    <bullet> 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: Karen Zhang, USDA, Office of 
Procurement and Property Management, Room 1640, USDA South Building, 
1400 Independence Avenue SW, Washington, DC 20250; email: 
<a href="/cdn-cgi/l/email-protection#8ae8e3e5faf8efeceff8f8efeed5f9fffafae5f8fecaebe7efe9ecfda4e9e5e7"><span class="__cf_email__" data-cfemail="5032393f2022353635222235340f232520203f222410313d353336277e333f3d">[email protected]</span></a>; phone 919-765-9969. Information 
regarding the Federal preferred procurement program (one initiative of 
the BioPreferred Program) is available at http://www.biopreferred.gov.

SUPPLEMENTARY INFORMATION: The information presented in this preamble 
is organized as follows:

I. Authority
II. Background
III. Summary of This Proposed Rule
IV. Designation of Product Categories, Minimum Biobased Contents, 
and Time Frame
    A. Background
    B. Product Categories and Minimum Biobased Contents Proposed for 
Designation
    C. Proposed Amendments to Previously Designated Product 
Categories
    D. Compliance Date for Procurement Preference and Incorporation 
Into Specifications
V. Where can agencies get more information on these USDA-designated 
product categories?
VI. Regulatory Information
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory 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

I. Authority

    The designation of these product categories is proposed 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

    Section 9002 provides for the preferred procurement of biobased 
products by Federal procuring agencies and is referred to hereafter in 
this Federal Register notice as the ``Federal preferred procurement 
program.'' Under the provisions specified in the ``Guidelines for 
Designating Biobased Products for Federal Procurement'' in Title 7 of 
the U.S. Code of Federal Regulations (CFR), part 3201 (Guidelines), the 
USDA BioPreferred Program ``designates'' product categories to which 
the preferred procurement requirements apply by listing them in subpart 
B of 7 CFR part 3201.
    The term ``product category'' is used as a generic term in the 
designation process to mean a grouping of specific products that 
perform a similar function. As originally finalized, the Guidelines 
included provisions for the designation of product categories that were 
composed of finished, consumer products such as mobile equipment 
hydraulic fluids, penetrating lubricants, or hand cleaners and 
sanitizers.
    The 2008 and 2014 Farm Bills directed USDA to expand the scope of 
the Guidelines to include the designation of product categories 
composed of both intermediate ingredients and feedstock materials and 
finished products made from those materials. Specifically, the 2008 
Farm Bill stated that USDA shall ``designate those items (including 
finished products) that are or can be produced with biobased products 
(including biobased products for which there is only a single product 
or manufacturer in the category) that will be subject to'' Federal 
preferred procurement, ``designate those intermediate ingredients and 
feedstocks that are or can be used to produce items that will be 
subject'' to Federal preferred procurement, and ``automatically 
designate items composed of [designated] intermediate ingredients and 
feedstocks . . . if the content of the designated intermediate 
ingredients and feedstocks exceeds 50 percent of the item (unless the 
Secretary determines a different composition percentage is 
appropriate).''
    USDA is, therefore, proposing to designate product categories that 
contain finished products made from biobased intermediate ingredients 
and feedstocks.
    Once USDA designates a product category, procuring agencies are

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required, with some exceptions, to purchase biobased products within 
these designated product categories where the purchase price of the 
procurement product exceeds $10,000 or where the quantity of such 
products or the functionally equivalent products purchased over the 
preceding fiscal year equaled $10,000 or more. Procuring agencies must 
procure biobased products within each product category unless they 
determine that products within a product category are not reasonably 
available within a reasonable period of time, fail to meet the 
reasonable performance standards of the procuring agencies, or are 
available only at an unreasonable price. As stated in the Guidelines, 
biobased products that are merely incidental to Federal funding are 
excluded from the Federal preferred procurement program; that is, the 
requirements to purchase biobased products do not apply to such 
purchases if they are unrelated to or incidental to the purpose of the 
Federal contract. For example, if a janitorial service company 
purchases cleaning supplies to be used in the performance of a Federal 
contract, the cleaning supplies would be subject to the authority of 
the Federal preferred procurement program. However, cleaning supplies 
purchased to maintain the offices from which the janitorial service 
company manages the Federal contract would be incidental to the 
performance of the contract and, as such, would not be subject to the 
authority of the Federal preferred procurement program. In implementing 
the Federal preferred procurement program for biobased products, 
procuring agencies should follow their procurement rules and Office of 
Federal Procurement Policy guidance on buying non-biobased products 
when biobased products exist and should document exceptions taken for 
price, performance, and availability. The definition of ``procuring 
agency'' in section 9002 includes both Federal agencies and ``a person 
that is a party to a contract with any Federal agency, with respect to 
work performed under such a contract.'' Thus, Federal contractors, as 
well as Federal agencies, are expressly subject to the procurement 
preference provisions of section 9002.
    USDA recognizes that the performance needs for a given application 
are important criteria in making procurement decisions. USDA is not 
requiring procuring agencies to limit their choices to biobased 
products that are categorized within the product categories proposed 
for designation in this proposed rule. Rather, the effect of the 
designation of the product categories is to require procuring agencies 
to determine their performance needs, determine whether there are 
qualified biobased products that are categorized within the designated 
product categories that meet the reasonable performance standards for 
those needs, and purchase such qualified biobased products to the 
maximum extent practicable as required by section 9002.
    Section 9002(a)(3)(B) requires USDA to provide information to 
procuring agencies on the availability, relative price, and performance 
of such products and to recommend, where appropriate, the minimum level 
of biobased content to be contained in the procured products.
    Subcategorization. Most of the product categories USDA has 
designated for Federal preferred procurement cover a wide range of 
products. For some product categories, there are subgroups of products 
that meet different requirements, uses, and/or different performance 
specifications. For example, within the product category ``hand 
cleaners and sanitizers,'' products that are used in medical offices 
may be required to meet performance specifications for sanitizing, 
while other products that are intended for general purpose hand washing 
may not need to meet these specifications. Where such subgroups exist, 
USDA intends to create subcategories. Thus, for example, for the 
product category ``hand cleaners and sanitizers,'' USDA determined that 
it was reasonable to create a ``hand cleaner'' subcategory and a ``hand 
sanitizer'' subcategory. Sanitizing specifications are applicable to 
the latter subcategory, but not the former. In sum, USDA looks at the 
products within each product category to evaluate whether there are 
groups of products within the category that have unique characteristics 
or that meet different performance specifications and, if USDA finds 
these types of differences within a given product category, it intends 
to create subcategories with the minimum biobased content based on the 
tested products within the subcategory.
    For some product categories, however, USDA may not have sufficient 
information at the time of proposal to create subcategories. For 
example, USDA may know that there are different performance 
specifications that metal cleaners and corrosion remover products are 
required to meet, but it may have information on only one type of metal 
cleaner and corrosion remover product. In such instances, USDA may 
either designate the product category without creating subcategories 
(i.e., defer the creation of subcategories) or designate one 
subcategory and defer designation of other subcategories within the 
product category until additional information is obtained. Once USDA 
has received sufficient additional information to justify the 
designation of a subcategory, the subcategory will be designated 
through the proposed and final rulemaking process.
    In this proposed rule, USDA is proposing to subcategorize one of 
the product categories. That product category is concrete repair 
materials, and the proposed subcategories are: Concrete leveling and 
concrete patching. USDA created two subcategories for ``concrete repair 
materials'' to distinguish these products by function. Details on this 
proposed product category and its subcategories may be found in section 
IV.B of this rule. USDA requests public comment, along with supporting 
data, on the need to create subcategories within any of the other 
proposed product categories in this proposed rule. If public comments 
are received that support the creation of additional subcategories, 
USDA will consider the supporting data and may create subcategories in 
the final rule.
    Minimum Biobased Contents. The minimum biobased contents being 
proposed in this rule are based on products for which USDA has biobased 
content test data. USDA obtains biobased content data in conjunction 
with product manufacturers' and vendors' applications for certification 
to use the USDA Certified Biobased Product label. Products that are 
certified to display the label must undergo biobased content testing by 
an independent, third-party testing lab using ASTM D6866, ``Standard 
Test Methods for Determining the Biobased Content of Solid, Liquid, and 
Gaseous Samples Using Radiocarbon Analysis.'' These test data are 
maintained in the BioPreferred Program database, and their use in 
setting the minimum biobased content for designated product categories 
results in a more efficient process for both the Program and 
manufacturers and vendors of products within the product categories.
    As a result of the public comments received on the first designated 
product categories rulemaking proposal, USDA decided to account for the 
slight imprecision of three (3) percentage points in ASTM D6866 when 
establishing the minimum biobased content requirement for each proposed 
product category. Thus, rather than establishing the minimum biobased 
content for a product category at the tested biobased content of the 
product that was selected as the basis for the minimum value, USDA is 
establishing

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the minimum biobased content for each product category at three (3) 
percentage points lower than the tested value. USDA believes that this 
adjustment is appropriate to account for the expected variations in 
analytical results. USDA encourages procuring agencies to seek products 
with the highest biobased content that is practicable in all proposed 
designated product categories.
    In addition to considering the biobased content test data for each 
product category, USDA also considers other factors, including product 
performance information. USDA evaluates this information to determine 
whether some products that may have a lower biobased content also have 
unique performance or applicability attributes that would justify 
setting the minimum biobased content at a level that would include 
these products. For example, a lubricant product that has a lower 
biobased content than others within the same product category and is 
formulated to perform over a wider temperature range than the other 
products may be more desirable to Federal agencies. Thus, it would be 
beneficial to set the minimum biobased content for the product category 
at a level that would include the product with desirable performance 
features.
    USDA also considers the overall range of the tested biobased 
contents within a product category, groupings of similar values, and 
breaks (significant gaps between two groups of values) in the biobased 
content test data array. For example, in a previously proposed product 
category, the biobased contents of seven tested products ranged from 17 
to 100 percent, as follows: 17, 41, 78, 79, 94, 98, and 100 percent. 
Because this is a wide range and because there is a notable gap in the 
data between the 41 percent biobased product and the 78 percent 
biobased product, USDA reviewed the product literature to determine 
whether subcategories could be created within this product category. 
USDA found that the available product information did not justify 
creating a subcategory based on the 17 percent product or the 41 
percent product. Further, USDA did not find any performance claims that 
would justify setting the minimum biobased content based on either the 
17 percent or the 41 percent products. Thus, USDA set the minimum 
biobased content for this product category at 75 percent, based on the 
product with a tested biobased content of 78 percent. USDA believes 
that this evaluation process allows it to establish minimum biobased 
contents based on a broad set of factors to assist the Federal 
procurement community in its decisions to purchase biobased products.
    USDA makes every effort to obtain biobased content test data on 
multiple products within each product category. For most designated 
product categories, USDA has biobased content test data on more than 
one product within the category. However, in some cases, USDA has been 
able to obtain biobased content data for only a single product within a 
designated product category. As USDA obtains additional data on the 
biobased contents of products within these designated product 
categories or their subcategories, USDA will evaluate whether the 
minimum biobased content for a designated product category or 
subcategory will be revised.
    Overlap with the Environmental Protection Agency's (EPA) 
Comprehensive Procurement Guideline program for recovered content 
products under the Resource Conservation and Recovery Act (RCRA) 
section 6002. Some of the products that are categorized in biobased 
product categories that are designated for Federal preferred 
procurement under the BioPreferred Program may overlap with product 
categories that the U.S. Environmental Protection Agency (EPA) has 
designated under its Comprehensive Procurement Guideline (CPG) for 
products containing recovered (or recycled) materials. A list of the 
U.S. EPA Comprehensive Procurement Guideline (CPG) program's product 
categories may be found on its website (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program) and Title 40 CFR part 
247 in the CFR. In this proposed rule, some products that are 
categorized in the proposed product categories of concrete curing 
agents; concrete repair materials--concrete leveling; concrete repair 
materials--concrete patching; exterior paints and coatings; folders and 
filing products; other lubricants; playground and athletic surface 
materials; product packaging; rugs or floor mats; shopping and trash 
bags; soil amendments; and transmission fluids may also be categorized 
in one or more of the following product categories that are designated 
in EPA's CPG program:
    <bullet> Construction Products: Cement and Concrete; Consolidated 
and Reprocessed Latex Paint for Specified Uses;
    <bullet> Landscaping Products: Compost Made From Recovered Organic 
Materials; Fertilizer Made From Recovered Organic Materials;
    <bullet> Miscellaneous Products: Mats;
    <bullet> Non-Paper Office Products: Binders, Clipboards, File 
Folders, Clip Portfolios, and Presentation Folders; Plastic Envelopes; 
Plastic Trash Bags;
    <bullet> Paper Products: Paperboard and Packaging;
    <bullet> Parks and Recreation Products: Playground Surfaces; 
Running Tracks; and
    <bullet> Vehicular Products: Re-Refined Lubricating Oil.
    More specifics regarding this overlap are addressed in section IV.B 
for each of this proposed product categories that was identified above. 
As such, USDA is asking manufacturers and vendors of qualifying 
biobased products to make additional product and performance 
information available to Federal agencies conducting market research to 
assist them in determining whether the biobased products in question 
are the same products for the same uses as the recovered content 
products. Manufacturers and vendors are asked to provide information 
highlighting the sustainable features of their biobased products and to 
indicate the various suggested uses of their product and the 
performance standards against which a particular product has been 
tested. In addition, depending on the type of biobased product, 
manufacturers and vendors are asked to provide other types of 
information, such as whether the product contains fossil energy-based 
components (e.g., petroleum, coal, or natural gas) and whether the 
product contains recovered materials. Federal agencies also may review 
available information on a product's biobased content and then use this 
information to make purchasing decisions based on the sustainability 
features of the products.
    According to the Federal Acquisition Regulation, Title 48 CFR part 
23.405, where a biobased product is used for the same purposes and 
meets the same Federal agency performance requirements as an EPA-
designated recovered content product, the Federal agency must purchase 
the recovered content product. For example, if a biobased hydraulic 
fluid is to be used as a fluid in hydraulic systems and because 
``lubricating oils containing re-refined oil'' have already been 
designated by EPA for that purpose, then the Federal agency must 
purchase the EPA-designated recovered content product, ``lubricating 
oils containing re-refined oil.'' If, on the other hand, the biobased 
hydraulic fluid is to be used to address a Federal agency's certain 
environmental or health performance requirements that the EPA-
designated recovered content product would not meet, then the biobased 
product should be given preference, subject to reasonable price, 
availability, and performance considerations.
    Federal Government Purchase of Sustainable Products. The Federal

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government's sustainable purchasing program includes the following 
three mandatory preference programs for designated products: The 
BioPreferred Program, the EPA's CPG program, and the Environmentally 
Preferable Purchasing program. The Office of the Chief Sustainability 
Officer (OCSO) and the Office of Management and Budget (OMB) encourage 
agencies to implement these components comprehensively when purchasing 
products and services.
    Other Federal Preferred Procurement Programs. Federal procurement 
officials should also note that many biobased products may be available 
for purchase by Federal agencies through the AbilityOne Program 
(formerly known as the Javits-Wagner-O'Day (JWOD) program). Under this 
program, members of organizations including the National Industries for 
the Blind (NIB) and SourceAmerica (formerly known as the National 
Industries for the Severely Handicapped) offer products and services 
for preferred procurement by Federal agencies.
    The types of products that could be categorized in this proposed 
product categories could also be available for purchase in the 
AbilityOne Catalog (www.abilityone.com). USDA notes that the AbilityOne 
Catalog offers a combination of non-biobased and biobased products; 
therefore, the selection of biobased products that is currently 
available for purchase may be small. USDA encourages procuring agencies 
to first consider purchasing biobased products from the AbilityOne 
Catalog when fulfilling biobased product purchasing requirements.
    Some biobased products that are categorized in this proposed 
product categories of adhesives; cleaning tools; clothing; de-icers; 
durable cutlery; durable tableware; exterior paints and coatings; 
feminine care products; folders and filing products; gardening supplies 
and accessories; kitchenware and accessories; other lubricants; rugs 
and floor mats; and toys and sporting gear could be available for 
purchase in one or more of the following product categories in the 
AbilityOne Catalog:
    <bullet> Cleaning and Janitorial Products,
    <bullet> Clothing,
    <bullet> Furniture,
    <bullet> Hardware and Paints,
    <bullet> Kitchen and Breakroom Supplies,
    <bullet> Mailing and Shipping Supplies,
    <bullet> Office Supplies,
    <bullet> Outdoor Supplies, and
    <bullet> Skin and Personal Care.
    As indicated previously, there currently is a small selection of 
biobased products in the AbilityOne Catalog. In the future, if the 
AbilityOne Catalog were to offer a broader selection of biobased 
products for procuring agencies to purchase, the objectives of both the 
AbilityOne Program and the Federal preferred procurement program would 
be furthered.
    Outreach. To augment its own research, USDA consults with industry 
and Federal stakeholders to the Federal preferred procurement program 
during the development of the rulemaking packages for the designation 
of product categories. USDA consults with stakeholders to gather 
information used in determining the order of product category 
designation and in identifying the following: Manufacturers producing 
and marketing products that are categorized within a product category 
proposed for designation; performance standards used by Federal 
agencies evaluating products to be procured; and warranty information 
used by manufacturers of end-user equipment and other products with 
regard to biobased products.

III. Summary of This Proposed Rule

    USDA is proposing to designate the following product categories for 
Federal preferred procurement: Adhesives; animal habitat care products; 
cleaning tools; concrete curing agents; concrete repair materials; 
durable cutlery; durable tableware; epoxy systems; exterior paints and 
coatings; facial care products; feminine care products; fire logs and 
fire starters; folders and filing products; foliar sprays; gardening 
supplies and accessories; heating fuels and wick lamps; kitchenware and 
accessories; other lubricants; phase change materials; playground and 
athletic surface materials; powder coatings; product packaging; rugs 
and floor mats; shopping and trash bags; soil amendments; surface 
guards, molding, and trim; toys and sporting gear; traffic and zone 
marking paints; transmission fluids; and wall coverings. In addition, 
USDA is proposing a minimum biobased content for each of these product 
categories and/or subcategories. Lastly, USDA is proposing a date by 
which Federal agencies must incorporate these designated product 
categories into their procurement specifications (see section IV.E).
    USDA is also proposing to amend the existing designated product 
categories of general purpose de-icers; firearm lubricants; laundry 
products; and water clarifying agents. Since USDA finalized the 
designation of each of these product categories, USDA has obtained 
additional information on products within these four categories. Thus, 
USDA is now proposing amendments to these four categories to more 
closely align the existing categories with data gathered since the 
categories were originally designated.
    USDA is working with manufacturers and vendors to make all relevant 
product and manufacturer contact information available on the 
BioPreferred Program's website at http://www.biopreferred.gov. Steps 
USDA has implemented, or will implement, include the following: Making 
direct contact with submitting companies through email and phone 
conversations to encourage completion of product listings; coordinating 
outreach efforts with biobased product manufacturers to encourage 
participation of their customer base; conducting targeted outreach with 
industry and commodity groups to educate stakeholders on the importance 
of providing complete product information; participating in industry 
conferences and meetings to educate companies on program benefits and 
requirements; and communicating the potential for expanded markets 
beyond the Federal Government, to include State and local governments, 
as well as the general public markets. Section V provides instructions 
to agencies on how to obtain this information on products within these 
product categories through the BioPreferred Program's website.
    Comments. USDA invites public comment on the proposed designation 
of these product categories, including the definition, proposed minimum 
biobased content, and any of the relevant analyses performed during 
their selection. In addition, USDA invites comments in the following 
areas:
    1. We have attempted to identify relevant and appropriate 
performance standards and other relevant measures of performance for 
each of the proposed product categories. If you know of other such 
standards or relevant measures of performance for any of the proposed 
product categories, USDA requests that you submit information 
identifying such standards and measures, including their name (and 
other identifying information as necessary), identifying who is using 
the standard/measure, and describing the circumstances under which the 
product is being used.
    2. Many biobased products within the product categories being 
proposed for designation will or may have positive environmental and 
human health attributes. USDA is seeking comments on such attributes to 
provide additional information on the BioPreferred Program's website. 
This information will then be available to Federal procuring agencies 
and will assist them in making informed sustainable procurement 
decisions. When possible,

[[Page 46784]]

please provide appropriate documentation to support the environmental 
and/or human health attributes that you describe.
    3. Some product categories being proposed for designation today 
have wide ranges of tested biobased contents. For the reasons discussed 
later in this preamble, USDA is proposing a minimum biobased content 
for these product categories that would allow most of the tested 
products to be eligible for Federal preferred procurement. USDA 
welcomes comments on the appropriateness of the proposed minimum 
biobased contents for these product categories and whether there are 
potential subcategories within the product categories that should be 
considered.
    4. This proposed rule is expected to have both positive and 
negative impacts on individual businesses, including small businesses. 
USDA anticipates that the biobased Federal preferred procurement 
program will provide additional opportunities for businesses and 
manufacturers to begin supplying products under the proposed designated 
biobased product categories to Federal agencies and their contractors. 
However, other businesses and manufacturers that supply only non-
qualifying products and do not offer biobased alternatives may 
experience a decrease in demand from Federal agencies and their 
contractors. Because USDA has been unable to determine the number of 
businesses, including small businesses, which may be adversely affected 
by this proposed rule, USDA requests comment on how many small entities 
may be affected by this rule and on the nature and extent of that 
effect.
    All comments should be submitted as directed in the ADDRESSES 
section above.

IV. Designation of Product Categories, Minimum Biobased Contents, and 
Time Frame

A. Background

    When designating product categories for Federal preferred 
procurement, section 9002 requires USDA to consider the following: (1) 
The availability of biobased products within the product categories and 
(2) the economic and technological feasibility of using those products.
    In considering a product's availability, USDA uses several sources 
of information. The primary source of information for the product 
categories being proposed for designation is USDA's database of 
manufacturers and products that have been certified to display the USDA 
Certified Biobased Product label. In addition, USDA performs internet 
searches, contacts trade associations and commodity groups, and 
contacts manufacturers and vendors to identify those with biobased 
products within product categories being considered for designation. 
USDA uses the results of these same searches to determine if a product 
category is generally available.
    In considering a product category's economic and technological 
feasibility, USDA examines evidence pointing to the general commercial 
use of a product and its life-cycle cost and performance 
characteristics. This information is obtained from the sources used to 
assess a product's availability. Commercial use, in turn, is evidenced 
by any manufacturer and vendor information on the availability, 
relative prices, and performance of their products as well as by 
evidence of a product being purchased by a procuring agency or other 
entity, where available. In sum, USDA considers a product category 
economically and technologically feasible for purposes of designation 
if products within that product category are being offered and used in 
the marketplace.
    As discussed earlier, USDA has implemented, or will implement, 
several steps intended to educate the manufacturers and other 
stakeholders on the benefits of this program and the need to make 
relevant information, including manufacturer contact information, 
available to procurement officials via the BioPreferred Program 
website. Additional information on specific products within the product 
categories proposed for designation may also be obtained directly from 
the manufacturers of the products. USDA has also provided information 
on the BioPreferred Program website for manufacturers and vendors who 
wish to position their businesses as biobased product vendors to the 
Federal Government. This information can be accessed by clicking on the 
``Selling Biobased'' tab on the left side of the home page of the 
BioPreferred Program's website.
    USDA recognizes that information related to the functional 
performance of biobased products is a primary factor in making the 
decision to purchase these products. USDA is gathering information on 
industry standard test methods and performance standards that 
manufacturers are using to evaluate the functional performance of their 
products. (Test methods are procedures used to provide information on a 
certain attribute of a product. For example, a test method might 
determine how many bacteria are killed. Performance standards identify 
the level at which a product must perform for it to be ``acceptable'' 
to the entity that set the performance standard. For example, a 
performance standard might require that a certain percentage (e.g., 95 
percent) of bacteria must be killed by the product.) The primary 
sources of information on these test methods and performance standards 
are manufacturers of biobased products within these product categories. 
Additional test methods and performance standards are also identified 
during meetings of the interagency council and during the review 
process for each proposed rule. The functional performance test 
methods, performance standards, product certifications, and other 
measures of performance associated with the functional aspects of each 
product category proposed for designation are listed under the detailed 
discussion presented in Section IV.B.
    While this process identifies many of the relevant test methods and 
standards, USDA recognizes that those identified herein do not 
represent all of the methods and standards that may be applicable for a 
product category or for any individual product within the category. As 
noted earlier in this preamble, USDA is requesting identification of 
other relevant performance standards and measures of performance. As 
the program continues to evolve, these and other additional relevant 
performance standards will be available on the BioPreferred Program's 
website.
    To propose a product category for designation, USDA must have 
sufficient information on a sufficient number of products within the 
category to be able to assess its availability and its economic and 
technological feasibility. For some product categories, there may be 
numerous products available. For others, there may be very few products 
currently available. Given the infancy of the market for some product 
categories, it is expected that categories with only a single product 
will be identified. Further, given that the intent of section 9002 is 
largely to stimulate the production of new biobased products and to 
energize emerging markets for those products, USDA has determined it is 
appropriate to designate a product category or subcategory for Federal 
preferred procurement even when there is only a single product with a 
single manufacturer or vendor. Similarly, the documented availability 
and benefits of even a very small percentage of all products that may 
exist within a product category are also considered sufficient to 
support designation.

[[Page 46785]]

    Exemptions. Products that are exempt from the biobased procurement 
preference include military equipment, defined as any product or system 
designed or procured for combat or combat-related missions, and 
spacecraft systems and launch support equipment. However, USDA notes 
that it is not the intent of these exemptions to imply that biobased 
products are inferior to non-biobased products; agencies are encouraged 
to purchase biobased products wherever performance, availability, and 
reasonable price indicate that such purchases are justified.
    Although each product category in this proposed rule would be 
exempt from the procurement preference requirement when used in 
spacecraft systems or launch support application or in military 
equipment used in combat and combat-related applications, this 
exemption does not extend to contractors performing work other than 
direct maintenance and support of the spacecraft or launch support 
equipment or combat or combat-related missions. For example, if a 
contractor is applying a paint remover product as a step in 
refurbishing office furniture on a military base, the paint remover the 
contractor purchases should be a qualifying biobased paint remover. The 
exemption does apply, however, if the product being purchased by the 
contractor is for use in combat or combat-related missions or for use 
in space or launch applications. After reviewing the regulatory 
requirement and the relevant contract, in areas where contractors have 
any questions on the exemption, they should contact the cognizant 
contracting officer.

B. Product Categories and Minimum Biobased Contents Proposed for 
Designation

    In this proposed rule, USDA is proposing to designate the 
following: Adhesives; animal habitat care products; cleaning tools; 
concrete curing agents; concrete repair materials; durable cutlery; 
durable tableware; epoxy systems; exterior paints and coatings; facial 
care products; feminine care products; fire logs and fire starters; 
folders and filing products; foliar sprays; gardening supplies and 
accessories; heating fuels and wick lamps; kitchenware and accessories; 
other lubricants; phase change materials; playground and athletic 
surface materials; powder coatings; product packaging; rugs and floor 
mats; shopping and trash bags; soil amendments; surface guards, 
molding, and trim; toys and sporting gear; traffic and zone marking 
paints; transmission fluids; and wall coverings.
    USDA has determined that each of these product categories meets the 
necessary statutory requirements--namely, that they are being produced 
with biobased materials and that their procurement by procuring 
agencies will carry out the following objectives of section 9002:
    <bullet> To increase demand for biobased products, which would in 
turn increase demand for agricultural commodities that can serve as 
feedstocks for the production of biobased products;
    <bullet> To spur development of the industrial base through value-
added agricultural processing and manufacturing in rural communities; 
and
    <bullet> To enhance the Nation's energy security by substituting 
biobased products for products derived from imported oil and natural 
gas.
    Further, this designation of finished product categories made from 
designated intermediate ingredients was one key addition to Section 
9002 made by the 2008 Farm Bill.
    In addition, because of the participation by the manufacturers of 
these products in the voluntary labeling program, USDA has sufficient 
information on these proposed product categories to determine their 
availability and to conduct the requisite analyses to determine their 
biobased content and their economic and technological feasibility.
    The proposed designated product categories are discussed in the 
following sections.
1. Adhesives (Minimum Biobased Content 24 Percent)
    Adhesives are compounds that temporarily or permanently bind two 
item surfaces together. These products include glues and sticky tapes 
used in construction, household, flooring, and industrial settings. 
This category excludes epoxy systems.
    USDA identified six manufacturers and vendors of 10 biobased 
adhesives. These manufacturers and vendors do not include all 
manufacturers and vendors of biobased adhesives, merely those 
identified as USDA Certified Biobased Products in the BioPreferred 
Program's database. These 10 biobased adhesives have biobased contents 
of 27, 27, 28, 30, 30, 46, 48, 53, 71, and 71 percent, as measured by 
ASTM D6866. In establishing the minimum biobased content requirement 
for this product category, USDA did not find a reason to exclude any of 
the products categorized as adhesives. Thus, the proposed minimum 
biobased content for this product category is 24 percent, based on the 
products with tested biobased contents of 27 percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. In addition, one of 
these manufacturers and vendors identified one additional test method 
(as shown below) that was used in evaluating products within this 
product category. While there may be additional test methods, 
performance standards, product certifications, and other measures of 
performance applicable to products within this product category, the 
test method identified by this manufacturer and vendor is below:
    <bullet> ASTM E108 Standard Test Methods for Fire Tests of Roof 
Coverings.
    USDA has been unable to obtain data on the amount of adhesives 
purchased by Federal procuring agencies. However, USDA believes that 
some Federal agencies and their contractors do and would likely 
purchase these types of products. Additionally, as discussed earlier in 
section II, designating this finished product category would contribute 
towards fulfilling the 2008 Farm Bill requirements to designate 
products composed of designated intermediate ingredients and 
feedstocks. Adhesives may be manufactured using the following 
designated intermediate ingredient and feedstock categories: 
intermediates--binders, intermediates--chemicals, intermediates--fibers 
and fabrics, intermediates--plastic resins, intermediates--rubber 
materials, and intermediates--textile processing materials.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, has been 
collected on adhesives and may be found on the BioPreferred Program's 
website.
2. Animal Habitat Care Products (Minimum Biobased Content 22 Percent)
    Animal habitat care products are products that are intended to 
improve the quality of animal habitats such as cleaning supplies, 
sanitizers, feeders, and products that control, mask, or suppress pet 
odors. This category excludes animal bedding or litter products and 
animal cleaning products.
    USDA identified eight manufacturers and vendors of 52 biobased 
animal habitat care products. These manufacturers and vendors do not 
include all manufacturers and vendors of biobased animal habitat care 
products, merely those identified as

[[Page 46786]]

USDA Certified Biobased Products in the BioPreferred Program's 
database. These 52 biobased animal habitat care products range in 
biobased content from 25 percent to 100 percent, as measured by ASTM 
D6866. In establishing the minimum biobased content requirement for 
this product category, USDA did not find a reason to exclude any of the 
products categorized as animal habitat care products. Thus, the 
proposed minimum biobased content for this product category is 22 
percent, based on the products with tested biobased contents of 25 
percent.
    Information supplied by the eight manufacturers and vendors 
indicates that these products are being used commercially. In addition, 
one of these manufacturers and vendors identified additional 
performance standards (as shown below) that were used in evaluating 
products within this product category. While there may be additional 
test methods, performance standards, product certifications, and other 
measures of performance applicable to products within this product 
category, those identified by this manufacturer and vendor include the 
following:
    <bullet> GS-8 Green Seal Environmental Standard for Household 
Cleaning Products and
    <bullet> GS-37 Green Seal Standard for Industrial and Institutional 
Cleaners.
    USDA has been unable to obtain data on the amount of animal habitat 
care products purchased by Federal procuring agencies. However, USDA 
believes that some Federal agencies and their contractors do and would 
likely purchase these types of products. Additionally, as discussed 
earlier in section II, designating this finished product category would 
contribute towards fulfilling the 2008 Farm Bill requirements to 
designate products composed of designated intermediate ingredients and 
feedstocks. Animal habitat care products may be manufactured using the 
following designated intermediate ingredient and feedstock categories: 
Intermediates--binders; intermediates--chemicals; intermediates--
cleaner components; intermediates--fibers and fabrics; intermediates--
foams; intermediates--oils, fats, and waxes; intermediates--personal 
care product components; intermediates--plastic resins; intermediates--
rubber materials; and intermediates--textile processing materials.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on animal habitat care products and may be found on the 
BioPreferred Program's website.
3. Cleaning Tools (Minimum Biobased Content 22 Percent)
    Cleaning tools are objects that are used to clean a variety of 
surfaces or items and are designed to be used multiple times. This 
category includes tools such as brushes, scrapers, abrasive pads, and 
gloves that are used for cleaning. The expendable materials used in 
cleaning, such as glass cleaners, single-use wipes, and all-purpose 
cleaners, are excluded from this category as these materials better fit 
in other categories.
    USDA identified five manufacturers and vendors of 21 biobased 
cleaning tools. These manufacturers and vendors do not include all 
manufacturers and vendors of biobased cleaning tools, merely those 
identified as USDA Certified Biobased Products in the BioPreferred 
Program's database. These 21 biobased cleaning tools range in biobased 
content from 25 percent to 100 percent, as measured by ASTM D6866. In 
establishing the minimum biobased content requirement for this product 
category, USDA did not find a reason to exclude any of these products. 
Thus, the proposed minimum biobased content for this product category 
is 22 percent, based on the product with a tested biobased content of 
25 percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. While these 
manufacturers and vendors did not identify additional test methods, 
performance standards, product certifications, and other measures of 
performance for these products, USDA is open to evaluating products 
that have undergone additional testing or have achieved other types of 
product certifications for inclusion in this finished product category.
    USDA has been unable to obtain data on the amount of cleaning tools 
purchased by Federal procuring agencies. However, USDA believes that 
some Federal agencies and their contractors do and would likely 
purchase these types of products. Additionally, as discussed earlier in 
Section II, designating this finished product category would contribute 
towards fulfilling the 2008 Farm Bill requirements to designate 
products composed of designated intermediate ingredients and 
feedstocks. Cleaning tools may be manufactured using the following 
designated intermediate ingredient and feedstock categories: 
Intermediates--binders; intermediates--chemicals; intermediates--fibers 
and fabrics; intermediates--foams; intermediates--oils, fats, and 
waxes; intermediates--plastic resins; and intermediates--rubber 
materials.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on cleaning tools and may be found on the BioPreferred 
Program's website.
4. Concrete Curing Agents (Minimum Biobased Content 59 Percent)
    Concrete curing agents are products that are designed to enhance 
and control the curing process of concrete.
    USDA identified one manufacturer and vendor of one biobased 
concrete curing agent. This manufacturer and vendor is not the only 
manufacturer and vendor of biobased concrete curing agents; rather, it 
is the only manufacturer and vendor that was identified as USDA 
Certified Biobased Products in the BioPreferred Program's database. 
This biobased concrete curing agent contains 62 percent biobased 
content, as measured by ASTM D6866. In establishing the minimum 
biobased content requirement for this product category, USDA did not 
find a reason to exclude this product. Thus, the proposed minimum 
biobased content for this product category is 59 percent, based on the 
product's tested biobased content of 62 percent.
    Information supplied by this manufacturer and vendor indicates that 
this product is being used commercially. In addition, this manufacturer 
and vendor identified one additional test method (as shown below) that 
was used in evaluating the product within this product category. While 
there may be additional test methods, performance standards, product 
certifications, and other measures of performance applicable to 
products within this product category, the test method identified by 
this manufacturer and vendor is below:
    <bullet> ASTM C309 Standard Specification for Liquid Membrane-
Forming Compounds for Curing Concrete.
    USDA has been unable to obtain data on the amount of concrete 
curing agents purchased by Federal procuring agencies. However, USDA 
believes that some Federal agencies and their contractors do and would 
likely purchase these types of products. Additionally, as discussed 
earlier in Section II, designating this finished product category would 
contribute towards fulfilling the 2008 Farm Bill requirements to 
designate products composed of designated intermediate ingredients and 
feedstocks. Concrete

[[Page 46787]]

curing agents may be manufactured using the following designated 
intermediate ingredient and feedstock categories: Intermediates--
binders; intermediates--chemicals; intermediates--oils, fats, and 
waxes; and intermediates--paints and coating components.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on concrete curing agents and may be found on the 
BioPreferred Program's website.
    Biobased concrete curing agents may overlap with the products 
categorized in the EPA's CPG product category of Construction Products: 
Cement and Concrete. USDA is requesting that manufacturers and vendors 
of these qualifying biobased products provide information on the USDA 
website regarding the intended uses of the product, whether the product 
contains any recovered material in addition to biobased ingredients, 
and other test methods or performance standards through which the 
product has undergone testing. This information will assist Federal 
agencies in determining whether qualifying biobased concrete curing 
agents overlap with the CPG-designated product category of Construction 
Products: Cement and Concrete and which product should be afforded the 
preference in purchasing.
5. Concrete Repair Materials (Minimum Biobased Content: 23 Percent for 
Concrete Leveling and 69 Percent for Concrete Patching)
    Concrete leveling materials are products that are designed to 
repair cracks and other damage to concrete by raising or stabilizing 
concrete. Concrete patching materials are products that are designed to 
repair cracks and other damage to concrete by filling and patching the 
concrete.
    USDA identified one manufacturer and vendor of two biobased 
concrete leveling products and one manufacturer and vendor of one 
biobased concrete patching product. These manufacturers and vendors do 
not include all manufacturers and vendors of biobased concrete repair 
materials, merely those identified as USDA Certified Biobased Products 
in the BioPreferred Program's database. The biobased concrete repair 
materials--concrete leveling products--contain 26 percent and 46 
percent biobased content, as measured by ASTM D6866. In establishing 
the minimum biobased content requirement for this product subcategory, 
USDA did not find a reason to exclude either of these products. Thus, 
the proposed minimum biobased content for this product subcategory is 
23 percent, based on the product with a tested biobased content of 26 
percent. The biobased concrete repair materials--concrete patching 
product--contains 72 percent biobased content, as measured by ASTM 
D6866. In establishing the minimum biobased content requirement for 
this product category, USDA did not find a reason to exclude this 
product. Thus, the proposed minimum biobased content for this product 
subcategory is 69 percent, based on the product's tested biobased 
content of 72 percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. While these 
manufacturers and vendors did not identify additional test methods, 
performance standards, product certifications, and other measures of 
performance for these products, USDA is open to evaluating products 
that have undergone additional testing or have achieved other types of 
product certifications for inclusion in these finished product 
subcategories.
    USDA has been unable to obtain data on the amount of concrete 
repair materials purchased by Federal procuring agencies. However, USDA 
believes that some Federal agencies and their contractors do and would 
likely purchase these types of products. Additionally, as discussed 
earlier in Section II, designating this finished product subcategory 
would contribute towards fulfilling the 2008 Farm Bill requirements to 
designate products composed of designated intermediate ingredients and 
feedstocks. Concrete repair materials may be manufactured using the 
following designated intermediate ingredient and feedstock categories: 
Intermediates--binders; intermediates--chemicals; intermediates--fibers 
and fabrics; intermediates--foams; intermediates--oils, fats, and 
waxes; intermediates--paint and coating components; and intermediates--
rubber materials.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on Concrete Repair Materials and may be found on the 
BioPreferred Program's website.
    Biobased concrete repair materials may overlap with the products 
categorized in the EPA's CPG product category of Construction Products: 
Cement and Concrete. USDA is requesting that manufacturers and vendors 
of these qualifying biobased products provide information on the USDA 
website of qualifying biobased products about the intended uses of the 
product, whether the product contains any recovered material in 
addition to biobased ingredients, and other test methods or performance 
standards through which the product has undergone testing. This 
information will assist Federal agencies in determining whether 
qualifying biobased concrete repair materials overlap with the CPG-
designated product category of Construction Products: Cement and 
Concrete and which product should be afforded the preference in 
purchasing.
6. Durable Cutlery (Minimum Biobased Content 28 Percent)
    Durable cutlery consists of dining utensils that are designed to be 
used multiple times.
    USDA identified one manufacturer and vendor of three biobased 
durable cutlery products. This manufacturer and vendor is not the only 
manufacturer and vendor of biobased durable cutlery; rather, it is the 
only one that was identified as USDA Certified Biobased Products in the 
BioPreferred Program's database. These biobased durable cutlery 
products contain 31, 31, and 98 percent biobased content, as measured 
by ASTM D6866. In establishing the minimum biobased content requirement 
for this product category, USDA did not find a reason to exclude any of 
these products. Thus, the proposed minimum biobased content for this 
product category is 28 percent, based on the products with tested 
biobased contents of 31 percent.
    Information supplied by this manufacturer and vendor indicates that 
these products are being used commercially. While this manufacturer and 
vendor did not identify additional test methods, performance standards, 
product certifications, and other measures of performance for these 
products, USDA is open to evaluating products that have undergone 
additional testing or have achieved other types of product 
certifications for inclusion in this finished product category.
    USDA has been unable to obtain data on the amount of durable 
cutlery purchased by Federal procuring agencies. However, USDA believes 
that some Federal agencies and their contractors do and would likely 
purchase these types of products. Additionally, as discussed earlier in 
Section II, designating this finished product category would contribute 
towards fulfilling the 2008 Farm Bill requirements to designate 
products composed of designated intermediate ingredients and 
feedstocks. Durable cutlery may be manufactured using the

[[Page 46788]]

following designated intermediate ingredient and feedstock categories: 
Intermediates--binders; intermediates--chemicals; intermediates--oils, 
fats, and waxes; intermediates--plastic resins; and intermediates--
rubber materials.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on durable cutlery products and may be found on the 
BioPreferred Program's website.
7. Durable Tableware (Minimum Biobased Content 28 Percent)
    Durable tableware consists of multiple-use drinkware and dishware 
including cups, plates, bowls, and serving platters.
    USDA identified four manufacturers and vendors of 17 biobased 
durable tableware products. These manufacturers and vendors do not 
include all manufacturers and vendors of biobased durable tableware, 
merely those identified as USDA Certified Biobased Products in the 
BioPreferred Program's database. These biobased durable tableware 
products range in biobased content from 31 percent to 100 percent, as 
measured by ASTM D6866. In establishing the minimum biobased content 
requirement for this product category, USDA did not find a reason to 
exclude any of these products. Thus, the proposed minimum biobased 
content for this product category is 28 percent, based on the product 
with a tested biobased content of 31 percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. While these 
manufacturers and vendors did not identify additional test methods, 
performance standards, product certifications, and other measures of 
performance for these products, USDA is open to evaluating products 
that have undergone additional testing or have achieved other types of 
product certifications for inclusion in this finished product category.
    USDA has been unable to obtain data on the amount of durable 
tableware purchased by Federal procuring agencies. However, USDA 
believes that some Federal agencies and their contractors do and would 
likely purchase these types of products. Additionally, as discussed 
earlier in Section II, designating this finished product category would 
contribute towards fulfilling the 2008 Farm Bill requirements to 
designate products composed of designated intermediate ingredients and 
feedstocks. Durable tableware may be manufactured using the following 
designated intermediate ingredient and feedstock categories: 
Intermediates--binders; intermediates--chemicals; intermediates--oils, 
fats, and waxes; intermediates--plastic resins; and intermediates--
rubber materials.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on durable tableware products and may be found on the 
BioPreferred Program's website.
8. Epoxy Systems (Minimum Biobased Content 23 Percent)
    Epoxy systems are two-component systems that are epoxy-based and 
are used as coatings, adhesives, surface fillers, and composite 
matrices.
    USDA identified six manufacturers and vendors of 13 biobased epoxy 
systems. These manufacturers and vendors do not include all 
manufacturers and vendors of biobased epoxy systems, merely those 
identified as USDA Certified Biobased Products in the BioPreferred 
Program's database. These biobased epoxy systems range in biobased 
content from 26 percent to 100 percent, as measured by ASTM D6866. In 
establishing the minimum biobased content requirement for this product 
category, USDA did not find a reason to exclude any of these products. 
Thus, the proposed minimum biobased content for this product category 
is 23 percent, based on the product with a tested biobased content of 
26 percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. In addition, two of 
these manufacturers and vendors identified additional test methods (as 
shown below) that were used in evaluating the products within this 
product category. While there may be additional test methods, 
performance standards, product certifications, and other measures of 
performance applicable to products within this product category, the 
test methods identified by these two manufacturers and vendors include 
the following:
    <bullet> ASTM D638 Standard Test Method for Tensile Properties of 
Plastics,
    <bullet> ASTM D790 Standard Test Methods for Flexural Properties of 
Unreinforced and Reinforced Plastics and Electrical Insulating 
Materials, and
    <bullet> ASTM D2486 Standard Test Methods for Scrub Resistance of 
Wall Paints.
    USDA has been unable to obtain data on the amount of epoxy systems 
purchased by Federal procuring agencies. However, USDA believes that 
some Federal agencies and their contractors do and would likely 
purchase these types of products. Additionally, as discussed earlier in 
Section II, designating this finished product category would contribute 
towards fulfilling the 2008 Farm Bill requirements to designate 
products composed of designated intermediate ingredients and 
feedstocks. Epoxy systems may be manufactured using the following 
designated intermediate ingredient and feedstock categories: 
Intermediates--binders; intermediates--chemicals; intermediates--oils, 
fats, and waxes; intermediates--paints and coating components; and 
intermediates--plastic resins.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on epoxy systems and may be found on the BioPreferred 
Program's website.
9. Exterior Paints and Coatings (Minimum Biobased Content 83 Percent)
    Exterior paints and coatings are liquid products that typically 
contain pigments to add color and are formulated for use on outdoor 
surfaces. When these products dry, they typically form a protective 
layer and provide a coat of color to the applied surface. This category 
includes paint and primers but excludes wood and concrete sealers and 
stains and specialty coatings such as roof coatings, wastewater system 
coatings, and water tank coatings.
    USDA identified one manufacturer and vendor of three biobased 
exterior paints and coatings. This manufacturer and vendor is not the 
only manufacturer and vendor of biobased exterior paints and coatings; 
rather, it is the only manufacturer and vendor that was identified as 
USDA Certified Biobased Products in the BioPreferred Program's 
database. These biobased exterior paints and coatings have biobased 
contents of 86, 87, and 89 percent, as measured by ASTM D6866. In 
establishing the minimum biobased content requirement for this product 
category, USDA did not find a reason to exclude any of these products. 
Thus, the proposed minimum biobased content for this product category 
is 83 percent, based on the product with a tested biobased content of 
86 percent.
    Information supplied by this manufacturer and vendor indicates that 
these products are being used commercially. While this manufacturer and 
vendor did not identify additional test methods, performance standards, 
product certifications, and other measures of performance for these

[[Page 46789]]

products, USDA is open to evaluating products that have undergone 
additional testing or have achieved other types of product 
certifications for inclusion in this finished product category.
    USDA has been unable to obtain data on the amount of exterior 
paints and coatings purchased by Federal procuring agencies. However, 
USDA believes that some Federal agencies and their contractors do and 
would likely purchase these types of products. Additionally, as 
discussed earlier in Section II, designating this finished product 
category would contribute towards fulfilling the 2008 Farm Bill 
requirements to designate products composed of designated intermediate 
ingredients and feedstocks. Exterior paints and coatings may be 
manufactured using the following designated intermediate ingredient and 
feedstock categories: Intermediates--binders; intermediates--chemicals; 
intermediates--oils, fats, and waxes; intermediates--paint and coating 
components; and intermediates--plastic resins.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on exterior paints and coatings and may be found on the 
BioPreferred Program's website.
    Biobased exterior paints and coatings may overlap with the products 
categorized in the EPA's CPG product category of Construction Products: 
Consolidated and Reprocessed Latex Paint for Specified Uses. USDA is 
requesting that manufacturers of these qualifying biobased products 
provide information on the USDA website regarding the intended uses of 
the product, whether the product contains any recovered material in 
addition to biobased ingredients, and performance standards through 
which the product has undergone testing. This information will assist 
Federal agencies in determining whether qualifying biobased exterior 
paints and coatings overlap with the CPG-designated product category of 
Construction Products: Consolidated and Reprocessed Latex Paint for 
Specified Uses and which product should be afforded the preference in 
purchasing.
10. Facial Care Products (Minimum Biobased Content 88 Percent)
    Facial care products are cleansers, moisturizers, and treatments 
specifically designed for the face. These products are used to care for 
the condition of the face by supporting skin integrity, enhancing its 
appearance, and relieving skin conditions. This category does not 
include tools and applicators, such as those used to apply facial care 
products.
    USDA identified eight manufacturers and vendors of 18 biobased 
facial care products. These manufacturers and vendors do not include 
all manufacturers and vendors of biobased facial care products, merely 
those identified as USDA Certified Biobased Products in the 
BioPreferred Program's database. These biobased facial care products 
range in biobased content from 91 percent to 100 percent, as measured 
by ASTM D6866. In establishing the minimum biobased content requirement 
for this product category, USDA did not find a reason to exclude any of 
these products. Thus, the proposed minimum biobased content for this 
product category is 88 percent, based on the products with tested 
biobased contents of 91 percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. In addition, one 
manufacturer and vendor identified additional product certifications or 
performance standards (as shown below) that were used in evaluating the 
products within this product category. While there may be additional 
test methods, performance standards, product certifications, and other 
measures of performance applicable to products within this product 
category, those identified by this manufacturer and vendor include the 
followin:
    <bullet> USDA National Organic Program,
    <bullet> EU Organic Certification, and
    <bullet> Global Organic Textile Standard (GOTS).
    USDA has been unable to obtain data on the amount of facial care 
products purchased by Federal procuring agencies. However, USDA 
believes that some Federal agencies and their contractors do and would 
likely purchase these types of products. Additionally, as discussed 
earlier in Section II, designating this finished product category would 
contribute towards fulfilling the 2008 Farm Bill requirements to 
designate products composed of designated intermediate ingredients and 
feedstocks. Facial care products may be manufactured using the 
following designated intermediate ingredient and feedstock categories: 
Intermediates--binders; intermediates--chemicals; intermediates--fibers 
and fabrics; intermediates--foams; intermediates--oils, fats, and 
waxes; and intermediates--personal care product components.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on facial care products and may be found on the BioPreferred 
Program's website.
11. Feminine Care Products (Minimum Biobased Content 65 Percent)
    Feminine care products are products that are designed for 
maintaining feminine health and hygiene. This category includes 
sanitary napkins, panty liners, and tampons.
    USDA identified two manufacturers and vendors of 18 biobased 
feminine care products. These manufacturers and vendors are not the 
only manufacturers and vendors of biobased feminine care products; 
rather, they are the only manufacturers and vendors that were 
identified as USDA Certified Biobased Products in the BioPreferred 
Program's database. These biobased feminine care products range in 
biobased content from 68 percent to 99 percent, as measured by ASTM 
D6866. In establishing the minimum biobased content requirement for 
this product category, USDA did not find a reason to exclude any of 
these products. Thus, the proposed minimum biobased content for this 
product category is 65 percent, based on the product with a tested 
biobased content of 68 percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. In addition, one 
manufacturer identified additional product certifications or 
performance standards (as shown below) that were used in evaluating the 
products within this product category. While there may be additional 
test methods, performance standards, product certifications, and other 
measures of performance applicable to products within this product 
category, those identified by this manufacturer include the following:
    <bullet> USDA National Organic Program,
    <bullet> EU Organic Certification, and
    <bullet> Global Organic Textile Standard (GOTS).
    USDA has been unable to obtain data on the amount of feminine care 
products purchased by Federal procuring agencies. However, USDA 
believes that some Federal agencies and their contractors do and would 
likely purchase these types of products. Additionally, as discussed 
earlier in Section II, designating this finished product category would 
contribute towards fulfilling the 2008 Farm Bill requirements to 
designate products composed of designated intermediate ingredients and 
feedstocks. Feminine care products may be manufactured using the 
following designated intermediate ingredient and feedstock categories: 
Intermediates--binders;

[[Page 46790]]

intermediates--chemicals; intermediates--fibers and fabrics; 
intermediates--foams; intermediates--personal care product components; 
intermediates--plastic resins; and intermediates--rubber materials.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on feminine care products and may be found on the 
BioPreferred Program's website.
12. Fire Logs and Fire Starters (Minimum Biobased Content 92 Percent)
    Fire logs and fire starters are devices or substances that are used 
to start a fire intended for uses such as comfort heat, decoration, or 
cooking. Examples include fire logs and lighter fluid. This category 
excludes heating fuels for chafing dishes, beverage urns, warming 
boxes, and wick lamps.
    USDA identified 10 manufacturers and vendors of 18 biobased fire 
logs and fire starters. These manufacturers and vendors do not include 
all manufacturers and vendors of biobased fire logs and fire starters, 
merely those identified as USDA Certified Biobased Products in the 
BioPreferred Program's database. These biobased fire logs and fire 
starters range in biobased content from 95 percent to 100 percent, as 
measured by ASTM D6866. In establishing the minimum biobased content 
requirement for this product category, USDA did not find a reason to 
exclude any of these products. Thus, the proposed minimum biobased 
content for this product category is 92 percent, based on the product 
with a tested biobased content of 95 percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. In addition, three of 
these manufacturers and vendors identified additional test methods, 
performance standards, and product certifications (as shown below) that 
were used in evaluating the products within this product category. 
While there may be additional test methods, performance standards, 
product certifications, and other measures of performance applicable to 
products within this product category, those identified by these 
manufacturers or vendors include the following:
    <bullet> ASTM D6751 Standard Specification for Biodiesel Fuel Blend 
Stock (B100) for Middle Distillate Fuels and
    <bullet> UL 2115 Standard for Processed Solid-Fuel Firelogs.
    USDA has been unable to obtain data on the amount of fire logs and 
fire starters purchased by Federal procuring agencies. However, USDA 
believes that some Federal agencies and their contractors do and would 
likely purchase these types of products. Additionally, as discussed 
earlier in Section II, designating this finished product category would 
contribute towards fulfilling the 2008 Farm Bill requirements to 
designate products composed of designated intermediate ingredients and 
feedstocks. Fire logs and fire starters may be manufactured using the 
following designated intermediate ingredient and feedstock categories: 
Intermediates--binders; intermediates--chemicals; intermediates--fibers 
and fabrics; intermediates--oils, fats, and waxes; and intermediates--
plastic resins.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on fire logs and fire starters and may be found on the 
BioPreferred Program's website.
13. Folders and Filing Products (Minimum Biobased Content 66 Percent)
    Folders and filing products are products that are designed to hold 
together items such as loose sheets of paper, documents, and 
photographs with clasps, fasteners, rings, or folders. This category 
includes binders, folders, and document covers.
    USDA identified one manufacturer and vendor of two biobased folders 
and filing products. This manufacturer and vendor is not the only 
manufacturer and vendor of biobased folders and filing products; 
rather, it is the only manufacturer and vendor that was identified as 
USDA Certified Biobased Products in the BioPreferred Program's 
database. These two biobased folders and filing products each contain 
69 percent biobased content, as measured by ASTM D6866. In establishing 
the minimum biobased content requirement for this product category, 
USDA did not find a reason to exclude either of these products. Thus, 
the proposed minimum biobased content for this product category is 66 
percent, based on the products with tested biobased contents of 69 
percent.
    Information supplied by this manufacturer and vendor indicates that 
these products are being used commercially. While this manufacturer and 
vendor did not identify additional test methods, performance standards, 
product certifications, and other measures of performance for these 
products, USDA is open to evaluating products that have undergone 
additional testing or have achieved other types of product 
certifications for inclusion in this finished product category.
    USDA has been unable to obtain data on the amount of folders and 
filing products purchased by Federal procuring agencies. However, USDA 
believes that some Federal agencies and their contractors do and would 
likely purchase these types of products. Additionally, as discussed 
earlier in Section II, designating this finished product category would 
contribute towards fulfilling the 2008 Farm Bill requirements to 
designate products composed of designated intermediate ingredients and 
feedstocks. Folders and filing products may be manufactured using the 
following designated intermediate ingredient and feedstock categories: 
Intermediates--binders; intermediates--chemicals; intermediates--fibers 
and fabrics; intermediates--foams; intermediates--oils, fats, and 
waxes; intermediates--plastic resins; and intermediates--rubber 
materials.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on folders and filing products and may be found on the 
BioPreferred Program's website.
    Biobased folders and filing products may overlap with the products 
categorized in the EPA's CPG product categories of Non-Paper Office 
Products: Binders, Clipboards, File Folders, Clip Portfolios, and 
Presentation Folders and Non-Paper Office Products: Plastic Envelopes. 
USDA is requesting that manufacturers and vendors of these qualifying 
biobased products provide information on the USDA website regarding the 
intended uses of the product, whether the product contains any 
recovered material in addition to biobased ingredients, and other test 
methods or performance standards through which the product has 
undergone testing. This information will assist Federal agencies in 
determining whether qualifying biobased folders and filing products 
overlap with the CPG-designated product categories of Non-Paper Office 
Products: Binders, Clipboards, File Folders, Clip Portfolios, and 
Presentation Folders and Non-Paper Office Products: Plastic Envelopes 
and which product should be afforded the preference in purchasing.

[[Page 46791]]

14. Foliar Sprays (Minimum Biobased Content 50 Percent)
    Foliar sprays are products that are applied to the leaves of plants 
and provide plants with nutrients. These products may also repair 
plants from previous pest attacks. Examples include liquid fertilizers, 
foliar feeds, and micronutrient solutions.
    USDA identified nine manufacturers and vendors of nine biobased 
foliar sprays. These manufacturers and vendors do not include all 
manufacturers and vendors of biobased foliar sprays, merely those 
identified as USDA Certified Biobased Products in the BioPreferred 
Program's database. These biobased foliar sprays have biobased contents 
of 53, 74, 80, 93, 97, 97, 97, 100 and 100 percent, as measured by ASTM 
D6866. In establishing the minimum biobased content requirement for 
this product category, USDA did not find a reason to exclude any of 
these products. Thus, the proposed minimum biobased content for this 
product category is 50 percent, based on the product with a tested 
biobased content of 53 percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. In addition, one of 
these manufacturers and vendors identified an additional test method 
(as shown below) that was used in evaluating the products within this 
product category. While there may be additional test methods, 
performance standards, product certifications, and other measures of 
performance applicable to products within this product category, the 
test method identified by this manufacturer and vendor is below:
    <bullet> ASTM D4052 Standard Test Method for Density, Relative 
Density, and API Gravity of Liquids by Digital Density Meter.
    USDA has been unable to obtain data on the amount of foliar sprays 
purchased by Federal procuring agencies. However, USDA believes that 
some Federal agencies and their contractors do and would likely 
purchase these types of products. Additionally, as discussed earlier in 
Section II, designating this finished product category would contribute 
towards fulfilling the 2008 Farm Bill requirements to designate 
products composed of designated intermediate ingredients and 
feedstocks. Foliar sprays may be manufactured using the following 
designated intermediate ingredient and feedstock categories: 
Intermediates--binders; intermediates--chemicals; intermediates--
cleaner components; and intermediates--oils, fats, and waxes.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on foliar sprays and may be found on the BioPreferred 
Program's website.
15. Gardening Supplies and Accessories (Minimum Biobased Content 43 
Percent)
    Gardening supplies and accessories are products that are used to 
grow plants in outdoor and indoor settings. Examples include seedling 
starter trays, nonwoven mats or substrates for hydroponics, and flower 
or plant pots. This category excludes compost activators and 
accelerators; erosion control materials; fertilizers, including soil 
inoculants; foliar sprays; mulch and compost materials; and soil 
amendments.
    USDA identified eight manufacturers and vendors of 12 biobased 
gardening supplies and accessories. These manufacturers and vendors do 
not include all manufacturers and vendors of biobased gardening 
supplies and accessories, merely those identified as USDA Certified 
Biobased Products in the BioPreferred Program's database. These 
biobased gardening supplies and accessories range in biobased content 
from 46 percent to 100 percent, as measured by ASTM D6866. In 
establishing the minimum biobased content requirement for this product 
category, USDA did not find a reason to exclude any of these products. 
Thus, the proposed minimum biobased content for this product category 
is 43 percent, based on the product with a tested biobased content of 
46 percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. In addition, one of 
these manufacturers and vendors identified an additional test method 
(as shown below) that was used in evaluating the products within this 
product category. While there may be additional test methods, 
performance standards, product certifications, and other measures of 
performance applicable to products within this product category, the 
one identified by this manufacturer and vendor is below:
    <bullet> ASTM D6400 Standard Specification for Labeling of Plastics 
Designed to be Aerobically Composted in Municipal or Industrial 
Facilities.
    USDA has been unable to obtain data on the amount of gardening 
supplies and accessories purchased by Federal procuring agencies. 
However, USDA believes that some Federal agencies and their contractors 
do and would likely purchase these types of products. Additionally, as 
discussed earlier in Section II, designating this finished product 
category would contribute towards fulfilling the 2008 Farm Bill 
requirements to designate products composed of designated intermediate 
ingredients and feedstocks. Gardening supplies and accessories may be 
manufactured using the following designated intermediate ingredient and 
feedstock categories: Intermediates--binders; intermediates--chemicals; 
intermediates--fibers and fabrics; intermediates--foams; and 
intermediates--plastic resins.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on gardening supplies and accessories and may be found on the 
BioPreferred Program's website.
16. Heating Fuels and Wick Lamps (Minimum Biobased Content 75 Percent)
    Heating fuels and wick lamps are products that create controlled 
sources of heat or sustain controlled open flames that are used for 
warming food, portable stoves, beverage urns, or fondues. This category 
also includes wick lamps and their fuels that create controlled sources 
of light indoors and in camping or emergency preparedness situations. 
This category excludes fire logs and fire starters and candles and wax 
melts.
    USDA identified three manufacturers and vendors of 12 biobased 
heating fuels and wick lamps. These manufacturers and vendors do not 
include all manufacturers and vendors of biobased heating fuels and 
wick lamps, merely those identified as USDA Certified Biobased Products 
in the BioPreferred Program's database. These biobased heating fuels 
and wick lamps range in biobased content from 78 percent to 100 
percent, as measured by ASTM D6866. In establishing the minimum 
biobased content requirement for this product category, USDA did not 
find a reason to exclude any of these products. Thus, the proposed 
minimum biobased content for this product category is 75 percent, based 
on the product with a tested biobased content of 78 percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. In addition, one of 
these manufacturers and vendors identified an additional test method 
(as shown below) that was used in evaluating the products within this 
product category.

[[Page 46792]]

While there may be additional test methods, performance standards, 
product certifications, and other measures of performance applicable to 
products within this product category, the test method identified by 
this manufacturer and vendor is below:
    <bullet> ASTM E1333 Standard Test Method for Determining 
Formaldehyde Concentrations in Air and Emission Rates from Wood 
Products Using a Large Chamber.
    USDA has been unable to obtain data on the amount of heating fuels 
and wick lamps purchased by Federal procuring agencies. However, USDA 
believes that some Federal agencies and their contractors do and would 
likely purchase these types of products. Additionally, as discussed 
earlier in Section II, designating this finished product category would 
contribute towards fulfilling the 2008 Farm Bill requirements to 
designate products composed of designated intermediate ingredients and 
feedstocks. Heating fuels and wick lamps may be manufactured using the 
following designated intermediate ingredient and feedstock categories: 
Intermediates--binders; intermediates--chemicals; intermediates--fibers 
and fabrics; intermediates--oils, fats, and waxes; and intermediates--
plastic resins.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on heating fuels and wick lamps and may be found on the 
BioPreferred Program's website.
17. Kitchenware and Accessories (Minimum Biobased Content 22 Percent)
    Kitchenware and accessories are products designed for food or drink 
preparation. These products include cookware and bakeware, such as 
baking cups, cookie sheets, parchment paper, and roasting bags or pans; 
cooking utensils, such as brushes, tongs, spatulas, and ladles; and 
food preparation items, such as cutting boards, measuring cups, mixing 
bowls, coffee filters, food preparation gloves, and sandwich and snack 
bags. These products exclude kitchen appliances, such as toasters, 
blenders, and coffee makers; disposable tableware; disposable cutlery; 
disposable containers; durable tableware; durable cutlery; and cleaning 
tools.
    USDA identified five manufacturers and vendors of 17 biobased 
kitchenware and accessories. These manufacturers and vendors do not 
include all manufacturers and vendors of biobased kitchenware and 
accessories, merely those identified as USDA Certified Biobased 
Products in the BioPreferred Program's database. These 17 biobased 
kitchenware and accessories range in biobased content from 25 percent 
to 100 percent, as measured by ASTM D6866. In establishing the minimum 
biobased content requirement for this product category, USDA did not 
find a reason to exclude any of these products. Thus, the proposed 
minimum biobased content for this product category is 22 percent, based 
on the product with a tested biobased content of 25 percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. In addition, these 
manufacturers and vendors identified one additional test method (as 
shown below) that was used in evaluating products within this product 
category. While there may be additional test methods, performance 
standards, product certifications, and other measures of performance 
applicable to products within this product category, the test method 
identified by these manufacturers and vendors is below:
    <bullet> ASTM D6400 Standard Specification for Labeling of Plastics 
Designed to be Aerobically Composted in Municipal or Industrial 
Facilities.
    USDA has been unable to obtain data on the amount of kitchenware 
and accessories purchased by Federal procuring agencies. However, USDA 
believes that some Federal agencies and their contractors do and would 
likely purchase these types of products. Additionally, as discussed 
earlier in Section II, designating this finished product category would 
contribute towards fulfilling the 2008 Farm Bill requirements to 
designate products composed of designated intermediate ingredients and 
feedstocks. Kitchenware and accessories may be manufactured using the 
following designated intermediate ingredient and feedstock categories: 
Intermediates--binders; intermediates--chemicals; intermediates--fibers 
and fabrics; intermediates--foams; intermediates--oils, fats, and 
waxes; intermediates--plastic resins; intermediates--rubber materials; 
and intermediates--textile processing materials.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on kitchenware and accessories and may be found on the 
BioPreferred Program's website.
18. Other Lubricants (Minimum Biobased Content 39 Percent)
    Other lubricants are lubricant products that do not fit into any of 
the BioPreferred Program's specific lubricant categories. This category 
includes lubricants that are formulated for specialized uses. Examples 
of other lubricants include lubricants used for sporting or exercise 
gear and equipment, musical instruments, and specialized equipment such 
as tree shakers. This category excludes lubricants that are covered by 
the specific lubricant categories such as chain and cable lubricants, 
firearm lubricants, forming lubricants, gear lubricants, multi-purpose 
lubricants, penetrating lubricants, pneumatic equipment lubricants, and 
slide way lubricants.
    USDA identified five manufacturers and vendors of 14 biobased other 
lubricants. These manufacturers and vendors do not include all 
manufacturers and vendors of biobased other lubricants, merely those 
identified as USDA Certified Biobased Products in the BioPreferred 
Program's database. These biobased other lubricants range in biobased 
content from 42 percent to 100 percent, as measured by ASTM D6866. In 
establishing the minimum biobased content requirement for this product 
category, USDA did not find a reason to exclude any of these products. 
Thus, the proposed minimum biobased content for this product category 
is 39 percent, based on the product with a tested biobased content of 
42 percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. In addition, one of 
these manufacturers and vendors identified an additional test method 
(as shown below) that was used in evaluating the products within this 
product category. While there may be additional test methods, 
performance standards, product certifications, and other measures of 
performance applicable to products within this product category, the 
one identified by this manufacturer and vendor is below:
    <bullet> California Code of Regulations (CCR) Title 22, Section 
66696 Static Acute Bioassay Procedures for Hazardous Waste Samples.
    USDA has been unable to obtain data on the amount of other 
lubricants purchased by Federal procuring agencies. However, USDA 
believes that some Federal agencies and their contractors do and would 
likely purchase these types of products. Additionally, as discussed 
earlier in Section II, designating this finished product category would 
contribute

[[Page 46793]]

towards fulfilling the 2008 Farm Bill requirements to designate 
products composed of designated intermediate ingredients and 
feedstocks. Other lubricants may be manufactured using the following 
designated intermediate ingredient and feedstock categories: 
Intermediates--binders; intermediates--chemicals; intermediates--
cleaner components; intermediates--lubricant components; and 
intermediates--oils, fats, and waxes.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on other lubricants and may be found on the BioPreferred 
Program's website.
    Biobased other lubricants may overlap with the products categorized 
in the EPA's CPG product category of Vehicular Products: Re-Refined 
Lubricating Oil. USDA is requesting that manufacturers and vendors of 
these qualifying biobased products provide information on the USDA 
website regarding the intended uses of the product, whether the product 
contains any recovered material in addition to biobased ingredients, 
and other test methods or performance standards through which the 
product has undergone testing. This information will assist Federal 
agencies in determining whether qualifying biobased Other Lubricants 
overlap with the CPG-designated product category of Vehicular Products: 
Re-Refined Lubricating Oil and which product should be afforded the 
preference in purchasing.
19. Phase Change Materials (Minimum Biobased Content 71 Percent)
    Phase change materials are products that are capable of absorbing 
and releasing large amounts of thermal energy by freezing and thawing 
at certain temperatures. Heat is absorbed or released when the material 
changes from solid to liquid and vice versa. Applications may include, 
but are not limited to, conditioning of buildings, medical 
applications, thermal energy storage, or cooling of food. Materials 
such as animal fats and plant oils that melt at desirable temperatures 
are typically used to make products in this category.
    USDA identified two manufacturers and vendors of eight biobased 
phase change materials. These manufacturers and vendors do not include 
all manufacturers and vendors of biobased phase change materials, 
merely those identified as USDA Certified Biobased Products in the 
BioPreferred Program's database. These biobased phase change materials 
have biobased contents of 74, 94, 100, 100, 100, 100, 100, and 100 
percent, as measured by ASTM D6866. In establishing the minimum 
biobased content requirement for this product category, USDA did not 
find a reason to exclude any of these products. Thus, the proposed 
minimum biobased content for this product category is 71 percent, based 
on the product with a tested biobased content of 74 percent.
    Information supplied by these manufacturers and vendors indicates 
that this product is being used commercially. While these manufacturers 
and vendors did not identify additional test methods, performance 
standards, product certifications, and other measures of performance 
for these products, USDA is open to evaluating products that have 
undergone additional testing or have achieved other types of product 
certifications for inclusion in this finished product category.
    USDA has been unable to obtain data on the amount of phase change 
materials purchased by Federal procuring agencies. However, USDA 
believes that some Federal agencies and their contractors do and would 
likely purchase these types of products. Additionally, as discussed 
earlier in Section II, designating this finished product category would 
contribute towards fulfilling the 2008 Farm Bill requirements to 
designate products composed of designated intermediate ingredients and 
feedstocks. Phase change materials may be manufactured using the 
following designated intermediate ingredient and feedstock categories: 
Intermediates--binders; intermediates--chemicals; and intermediates--
oils, fats, and waxes.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on phase change materials and may be found on the 
BioPreferred Program's website.
20. Playground and Athletic Surface Materials (Minimum Biobased Content 
22 Percent)
    Playground and athletic surface materials are products that are 
designed for use on playgrounds and athletic surfaces. Examples include 
materials that are applied to the surfaces of playgrounds, athletic 
fields, and other sports surfaces to enhance or change the color or 
general appearance of the surface and to provide safety and/or 
performance benefits. Such materials include, but are not limited to, 
top coatings, primers, line marking paints, and rubberized pellets that 
are used on athletic courts, tracks, natural or artificial turf, and 
other playing surfaces. This category does not include the artificial 
turf or surface itself, as that is included in the carpets product 
category.
    USDA identified two manufacturers and vendors of three biobased 
playground and athletic surface materials. These manufacturers and 
vendors are not the only manufacturers and vendors of biobased 
playground and athletic surface materials; rather, they are the only 
manufacturers and vendors that were identified through the USDA 
Certified Biobased Products listing in the BioPreferred Program's 
database. These biobased playground and athletic surface materials have 
biobased contents of 25, 25, and 29 percent, as measured by ASTM D6866. 
In establishing the minimum biobased content requirement for this 
product category, USDA did not find a reason to exclude any of these 
products. Thus, the proposed minimum biobased content for this product 
category is 22 percent, based on the products with tested biobased 
contents of 25 percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. While these 
manufacturers and vendors did not identify additional test methods, 
performance standards, product certifications, and other measures of 
performance for these products, USDA is open to evaluating products 
that have undergone additional testing or have achieved other types of 
product certifications for inclusion in this finished product category.
    USDA has been unable to obtain data on the amount of playground and 
athletic surface materials purchased by Federal procuring agencies. 
However, USDA believes that some Federal agencies and their contractors 
do and would likely purchase these types of products. Additionally, as 
discussed earlier in Section II, designating this finished product 
category would contribute towards fulfilling the 2008 Farm Bill 
requirements to designate products composed of designated intermediate 
ingredients and feedstocks. Playground and athletic surface materials 
may be manufactured using the following designated intermediate 
ingredient and feedstock categories: Intermediates--binders; 
intermediates--chemicals; intermediates--oils, fats, and waxes; 
intermediates--paint and coating components; intermediates--plastic 
resins; and intermediate--rubber materials.
    Specific product information, including company contact, intended 
use, biobased content, and performance

[[Page 46794]]

characteristics, have been collected on playground and athletic surface 
materials and may be found on the BioPreferred Program's website.
    Biobased playground and athletic surface materials may overlap with 
the products categorized in the EPA's CPG product categories of Parks 
and Recreation Products: Playground Surfaces and Running Tracks. USDA 
is requesting that manufacturers and vendors of these qualifying 
biobased products provide information on the USDA website regarding the 
intended uses of the product, whether the product contains any 
recovered material in addition to biobased ingredients, and other test 
methods or performance standards through which the product has 
undergone testing. This information will assist Federal agencies in 
determining whether qualifying biobased playground and athletic surface 
materials overlap with the CPG-designated product categories of Parks 
and Recreation Products: Playground Surfaces and Running Tracks and 
which product should be afforded the preference in purchasing.
21. Powder Coatings (Minimum Biobased Content 34 Percent)
    Powder coatings are polymer resin systems that are combined with 
stabilizers, curatives, pigments, and other additives and ground into a 
powder. These coatings are applied electrostatically to metallic 
surfaces and then cured under heat. Powder coatings are typically used 
for coating metals, such as vehicle and bicycle parts, household 
appliances, and aluminum extrusions.
    USDA identified one manufacturer and vendor of one biobased powder 
coating. This manufacturer and vendor is not the only manufacturer and 
vendor of biobased powder coatings; rather, it is the only manufacturer 
and vendor that was identified through the USDA Certified Biobased 
Products listing in the BioPreferred Program's database. This biobased 
powder coating has a biobased content of 37 percent, as measured by 
ASTM D6866. In establishing the minimum biobased content requirement 
for this product category, USDA did not find a reason to exclude this 
product. Thus, the proposed minimum biobased content for this product 
category is 34 percent, based on the product's tested biobased content 
of 37 percent.
    Information supplied by this manufacturer and vendor indicates that 
this product is being used commercially. While this manufacturer and 
vendor did not identify additional test methods, performance standards, 
product certifications, and other measures of performance for this 
product, USDA is open to evaluating products that have undergone 
additional testing or have achieved other types of product 
certifications for inclusion in this finished product category.
    USDA has been unable to obtain data on the amount of powder 
coatings purchased by Federal procuring agencies. However, USDA 
believes that some Federal agencies and their contractors do and would 
likely purchase these types of products. Additionally, as discussed 
earlier in Section II, designating this finished product category would 
contribute towards fulfilling the 2008 Farm Bill requirements to 
designate products composed of designated intermediate ingredients and 
feedstocks. Powder coatings may be manufactured using the following 
designated intermediate ingredient and feedstock categories: 
Intermediates--binders; intermediates--chemicals; intermediates--paint 
and coating components; and intermediates--plastic resins.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on powder coatings and may be found on the BioPreferred 
Program's website.
22. Product Packaging (Minimum Biobased Content 25 Percent)
    Product packaging items are used to protect, handle, and retain a 
product during activities related but not limited to its storage, 
distribution, sale, and use. These containers are typically designed to 
be used once. This category excludes packing and insulating materials 
and shopping and trash bags.
    USDA identified 21 manufacturers and vendors of 64 biobased product 
packagings. These manufacturers and vendors do not include all 
manufacturers and vendors of biobased product packaging, merely those 
identified through the USDA Certified Biobased Products listing in the 
BioPreferred Program's database. These biobased product packaging range 
in biobased content from 28 percent to 100 percent, as measured by ASTM 
D6866. In establishing the minimum biobased content requirement for 
this product category, USDA did not find a reason to exclude any of 
these products. Thus, the proposed minimum biobased content for this 
product category is 25 percent, based on the product with a tested 
biobased content of 28 percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. In addition, three of 
these manufacturers and vendors identified additional test methods or 
performance standards (as shown below) that were used in evaluating the 
products within this product category. While there may be additional 
test methods, performance standards, product certifications, and other 
measures of performance applicable to products within this product 
category, those identified by these manufacturers and vendors include 
the following:
    <bullet> ASTM D6400 Standard Specification for Labeling of Plastics 
Designed to be Aerobically Composted in Municipal or Industrial 
Facilities,
    <bullet> HACCP: Hazard and Critical Control Points,
    <bullet> ISO 9001 Quality Management Systems--Requirements, and
    <bullet> ISO 14001 Environmental Management Systems--Requirements 
with Guidance for Use.
    USDA has been unable to obtain data on the amount of product 
packaging purchased by Federal procuring agencies. However, USDA 
believes that some Federal agencies and their contractors do and would 
likely purchase these types of products. Additionally, as discussed 
earlier in Section II, designating this finished product category would 
contribute towards fulfilling the 2008 Farm Bill requirements to 
designate products composed of designated intermediate ingredients and 
feedstocks. Product packaging may be manufactured using the following 
designated intermediate ingredient and feedstock categories: 
intermediates--binders; intermediates--chemicals; intermediates--fibers 
and fabrics; intermediates--foams; intermediates--oils, fats, and 
waxes; intermediates--paint and coating components; intermediates--
plastic resins; and intermediates--rubber materials.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on product packaging and may be found on the BioPreferred 
Program's website.
    Biobased product packaging may overlap with the products 
categorized in the EPA's CPG product category of Paper Products: 
Paperboard and Packaging. USDA is requesting that manufacturers and 
vendors of these qualifying biobased products provide information on 
the USDA website regarding the intended uses of the product, whether 
the product contains any recovered material in addition to biobased 
ingredients, and performance standards through which the product has 
undergone testing. This information

[[Page 46795]]

will assist Federal agencies in determining whether qualifying biobased 
product packaging overlaps with the CPG-designated product category of 
Paper Products: Paperboard and Packaging and which product should be 
afforded the preference in purchasing.
23. Rugs and Floor Mats (Minimum Biobased Content 23 Percent)
    Rugs and floor mats are floor coverings that are used for 
decorative or ergonomic purposes and that are not attached to the 
floor. This category includes items such as area rugs, rug runners, 
chair mats, and bathroom and kitchen mats. This category excludes wall-
to-wall carpet.
    USDA identified three manufacturers and vendors of eight biobased 
rugs and floor mats. These manufacturers and vendors are not the only 
manufacturers and vendors of biobased rugs and floor mats; rather, they 
are the manufacturers and vendors that were identified through the USDA 
Certified Biobased Products listing in the BioPreferred Program's 
database. These biobased rugs and floor mats each have biobased 
contents of 26 or 30 percent, as measured by ASTM D6866. In 
establishing the minimum biobased content requirement for this product 
category, USDA did not find a reason to exclude any of these products. 
Thus, the proposed minimum biobased content for this product category 
is 23 percent, based on the products' tested biobased contents of 26 
percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. While these 
manufacturers and vendors did not identify additional test methods, 
performance standards, product certifications, and other measures of 
performance for these products, USDA is open to evaluating products 
that have undergone additional testing or have achieved other types of 
product certifications for inclusion in this finished product category.
    USDA has been unable to obtain data on the amount of rugs and floor 
mats purchased by Federal procuring agencies. However, USDA believes 
that some Federal agencies and their contractors do and would likely 
purchase these types of products. Additionally, as discussed earlier in 
Section II, designating this finished product category would contribute 
towards fulfilling the 2008 Farm Bill requirements to designate 
products composed of designated intermediate ingredients and 
feedstocks. Rugs and floor mats may be manufactured using the following 
designated intermediate ingredient and feedstock categories: 
Intermediates--binders; intermediates--chemicals; intermediates--fibers 
and fabrics; intermediates--foams; intermediates--oils, fats, and 
waxes; intermediates--plastic resins; intermediates--rubber materials; 
and intermediates--textile processing materials.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on rugs and floor mats and may be found on the BioPreferred 
Program's website.
    Biobased rugs and floor mats may overlap with the products 
categorized in the EPA's CPG product category of Miscellaneous 
Products: Mats. USDA is requesting that manufacturers and vendors of 
these qualifying biobased products provide information on the USDA 
website regarding the intended uses of the product, whether the product 
contains any recovered material in addition to biobased ingredients, 
and other test methods or performance standards through which the 
product has undergone testing. This information will assist Federal 
agencies in determining whether qualifying biobased rugs and floor mats 
overlap with the CPG-designated product category of Miscellaneous 
Products: Mats and which product should be afforded the preference in 
purchasing.
24. Shopping and Trash Bags (Minimum Biobased Content 22 Percent)
    Shopping and trash bags are open-ended bags that are typically made 
of thin, flexible film and are used for containing and transporting 
items such as consumer goods and waste. Examples include trash bags, 
can liners, shopping or grocery bags, pet waste bags, compost bags, and 
yard waste bags. This category does not include product packaging, 
disposable containers, or semi-durable and non-durable films.
    USDA identified six manufacturers and vendors of nine shopping and 
trash bags. These manufacturers and vendors do not include all 
manufacturers and vendors of biobased shopping and trash bags, merely 
those identified as USDA Certified Biobased Products in the 
BioPreferred Program's database. These biobased shopping and trash bags 
have biobased contents of 25, 26, 26, 38, 47, 48, 75, 88 and 99 
percent, as measured by ASTM D6866. In establishing the minimum 
biobased content requirement for this product category, USDA did not 
find a reason to exclude any products. Thus, the proposed minimum 
biobased content for this product category is 22 percent, based on the 
product with a tested biobased content of 25 percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. While these 
manufacturers and vendors did not identify additional test methods, 
performance standards, product certifications, and other measures of 
performance for these products, USDA is open to evaluating products 
that have undergone additional testing or have achieved other types of 
product certifications for inclusion in this finished product category.
    USDA has been unable to obtain data on the amount of shopping and 
trash bags purchased by Federal procuring agencies. However, USDA 
believes that some Federal agencies and their contractors do and would 
likely purchase these types of products. Additionally, as discussed 
earlier in Section II, designating this finished product category would 
contribute towards fulfilling the 2008 Farm Bill requirements to 
designate products composed of designated intermediate ingredients and 
feedstocks. Shopping and trash bags may be manufactured using the 
following designated intermediate ingredient and feedstock categories: 
Intermediates--binders; intermediates--chemicals; intermediates--oils, 
fats, and waxes; intermediates--paint and coating components; and 
intermediates--plastic resins.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on shopping and trash bags and may be found on the 
BioPreferred Program's website.
    Biobased shopping and trash bags may overlap with the products 
categorized in the EPA's CPG product category of Non-Paper Office 
Products: Plastic Trash Bags. USDA is requesting that manufacturers and 
vendors of these qualifying biobased products provide information on 
the USDA website regarding the intended uses of the product, whether 
the product contains any recovered material in addition to biobased 
ingredients, and performance standards through which the product has 
undergone testing. This information will assist Federal agencies in 
determining whether qualifying biobased shopping and trash bags overlap 
with the CPG-designated product category of Non-Paper Office Products: 
Plastic Trash Bags and which product should be afforded the preference 
in purchasing.

[[Page 46796]]

25. Soil Amendments (Minimum Biobased Content 72 Percent)
    Soil amendments are materials that enhance the physical 
characteristics of soil through improving water retention or drainage, 
improving nutrient cycling, promoting microbial growth, or changing the 
soil's pH. This category excludes foliar sprays and chemical 
fertilizers.
    USDA identified 15 manufacturers and vendors of 17 biobased soil 
amendments. These manufacturers and vendors do not include all 
manufacturers and vendors of biobased soil amendments, merely those 
identified through the USDA Certified Biobased Products listingin the 
BioPreferred Program's database. These biobased soil amendments range 
in biobased content from 75 percent to 100 percent, as measured by ASTM 
D6866. In establishing the minimum biobased content requirement for 
this product category, USDA did not find a reason to exclude any of 
these products. Thus, the proposed minimum biobased content for this 
product category is 72 percent, based on the product with a tested 
biobased content of 75 percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. In addition, two of 
these manufacturers and vendors identified additional test methods or 
product certifications (as shown below) that were used in evaluating 
the products within this product category. While there may be 
additional test methods, performance standards, product certifications, 
and other measures of performance that are applicable to products 
within this product category, the product certification identified by 
these manufacturers and vendors includes the following:
    <bullet> ASTM D6868 Standard Specification for Labeling of End 
Items that Incorporate Plastics and Polymers as Coatings or Additives 
with Paper and Other Substrates Designed to be Aerobically Composted in 
Municipal or Industrial Facilities and
    <bullet> US Composting Council Seal of Testing Assurance.
    USDA has been unable to obtain data on the amount of soil 
amendments purchased by Federal procuring agencies. However, USDA 
believes that some Federal agencies and their contractors do and would 
likely purchase these types of products. Additionally, as discussed 
earlier in Section II, designating this finished product category would 
contribute towards fulfilling the 2008 Farm Bill requirements to 
designate products composed of designated intermediate ingredients and 
feedstocks. Soil amendments may be manufactured using the following 
designated intermediate ingredient and feedstock categories: 
Intermediates--binders; intermediates--chemicals; and intermediates--
fibers and fabrics.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on soil amendments and may be found on the BioPreferred 
Program's website.
    Biobased soil amendments may overlap with the products categorized 
in the EPA's CPG product categories of Landscaping Products: Compost 
Made From Recovered Organic Materials and Landscaping Products: 
Fertilizer Made From Recovered Organic Materials. USDA is requesting 
that manufacturers and vendors of these qualifying biobased products 
provide information on the USDA website regarding the intended uses of 
the product, whether the product contains any recovered material, in 
addition to biobased ingredients, and other test methods or performance 
standards through which the product has undergone testing. This 
information will assist Federal agencies in determining whether 
qualifying biobased soil amendments overlap with the CPG-designated 
product categories of Landscaping Products: Compost Made From Recovered 
Organic Materials and Landscaping Products: Fertilizer Made From 
Recovered Organic Materials and which product should be afforded the 
preference in purchasing.
26. Surface Guards, Molding, and Trim (Minimum Biobased Content 26 
Percent)
    Surface guards, molding, and trim products are typically used 
during construction or manufacturing. These products are designed to 
protect surfaces, such as walls and floors, from damage or to cover the 
exposed edges of furniture or floors.
    USDA identified two manufacturers and vendors of two surface 
guards, molding, and trim products. These manufacturers and vendors do 
not include all manufacturers and vendors of biobased surface guards, 
molding, and trim products, merely those identified as USDA Certified 
Biobased Products in the BioPreferred Program's database. These 
biobased surface guards, molding, and trim products have biobased 
contents of 29 percent and 35 percent, as measured by ASTM D6866. In 
establishing the minimum biobased content requirement for this product 
category, USDA did not find a reason to exclude any products. Thus, the 
proposed minimum biobased content for this product category is 26 
percent, based on the products with tested biobased contents of 29 
percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. While these 
manufacturers and vendors did not identify additional test methods, 
performance standards, product certifications, and other measures of 
performance for these products, USDA is open to evaluating products 
that have undergone additional testing or have achieved other types of 
product certifications for inclusion in this finished product category.
    USDA has been unable to obtain data on the amount of surface 
guards, molding, and trim purchased by Federal procuring agencies. 
However, USDA believes that some Federal agencies and their contractors 
do and would likely purchase these types of products. Additionally, as 
discussed earlier in Section II, designating this finished product 
category would contribute towards fulfilling the 2008 Farm Bill 
requirements to designate products composed of designated intermediate 
ingredients and feedstocks. Surface guards, molding, and trim may be 
manufactured using the following designated intermediate ingredient and 
feedstock categories: Intermediates--binders; intermediates--chemicals; 
intermediates--fibers and fabrics; intermediates--oils, fats, and 
waxes; intermediates--plastic resins; and intermediates--rubber 
materials.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on surface guards, molding, and trim products and may be 
found on the BioPreferred Program's website.
27. Toys and Sporting Gear (Minimum Biobased Content 32 Percent)
    Toys and sporting gear are products that are designed for indoor or 
outdoor recreational use including, but not limited to, toys; games; 
and sporting equipment and accessories such as balls, bats, racquets, 
nets, and bicycle seats. This category does not include products such 
as cleaners, lubricants, and oils that are used to maintain or clean 
toys and sporting gear.
    USDA identified two manufacturers and vendors of seven toys and 
sporting gear. These manufacturers and vendors do not include all 
manufacturers and vendors of biobased toys and sporting gear, merely 
those identified as USDA Certified Biobased Products in the

[[Page 46797]]

BioPreferred Program's database. These biobased toys and sporting gear 
have biobased contents ranging from 35 percent to 100 percent, as 
measured by ASTM D6866. In establishing the minimum biobased content 
requirement for this product category, USDA did not find a reason to 
exclude any products. Thus, the proposed minimum biobased content for 
this product category is 32 percent, based on the products with tested 
biobased contents of 35 percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. While these 
manufacturers and vendors did not identify additional test methods, 
performance standards, product certifications, and other measures of 
performance for these products, USDA is open to evaluating products 
that have undergone additional testing or have achieved other types of 
product certifications for inclusion in this finished product category.
    USDA has been unable to obtain data on the amount of toys and 
sporting gear purchased by Federal procuring agencies. However, USDA 
believes that some Federal agencies and their contractors do and would 
likely purchase these types of products. Additionally, as discussed 
earlier in Section II, designating this finished product category would 
contribute towards fulfilling the 2008 Farm Bill requirements to 
designate products composed of designated intermediate ingredients and 
feedstocks. Toys and sporting gear may be manufactured using the 
following designated intermediate ingredient and feedstock categories: 
Intermediates--binders; intermediates--chemicals; intermediates--fibers 
and fabrics; intermediates--foams; intermediates--lubricant components; 
intermediates--oils, fats, and waxes; intermediates--paint and coating 
components; intermediates--plastic resins; intermediates--rubber 
materials; and intermediates--textile processing materials.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on toys and sporting gear and may be found on the 
BioPreferred Program's website.
28. Traffic and Zone Marking Paints (Minimum Biobased Content 30 
Percent)
    Traffic and zone marking paints are products that are formulated 
and marketed for marking and striping streets, highways, or other 
traffic surfaces including, but not limited to, curbs, driveways, 
parking lots, sidewalks, and airport runways.
    USDA identified one manufacturer and vendor of five traffic and 
zone marking paints. This manufacturer and vendor is not the only 
manufacturer and vendor of biobased traffic and zone marking paints; 
rather, it is the only one identified through the USDA Certified 
Biobased Products listing in the BioPreferred Program's database. These 
biobased traffic and zone marking paints have biobased contents of 33, 
33, 34, 35, and 38 percent, as measured by ASTM D6866. In establishing 
the minimum biobased content requirement for this product category, 
USDA did not find a reason to exclude any products. Thus, the proposed 
minimum biobased content for this product category is 30 percent, based 
on the products with tested biobased contents of 33 percent.
    Information supplied by this manufacturer and vendor indicates that 
these products are being used commercially. While this manufacturer and 
vendor did not identify additional test methods, performance standards, 
product certifications, and other measures of performance for these 
products, USDA is open to evaluating products that have undergone 
additional testing or have achieved other types of product 
certifications for inclusion in this finished product category.
    USDA has been unable to obtain data on the amount of traffic and 
zone marking paints purchased by Federal procuring agencies. However, 
USDA believes that some Federal agencies and their contractors do and 
would likely purchase these types of products. Additionally, as 
discussed earlier in Section II, designating this finished product 
category would contribute towards fulfilling the 2008 Farm Bill 
requirements to designate products composed of designated intermediate 
ingredients and feedstocks. Traffic and zone marking paints may be 
manufactured using the following designated intermediate ingredient and 
feedstock categories: Intermediates--binders; intermediates--chemicals; 
intermediates--oils, fats, and waxes; intermediates--paint and coating 
components; and intermediates--plastic resins.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on traffic and zone marking paints and may be found on the 
BioPreferred Program's website.
29. Transmission Fluids (Minimum Biobased Content 60 Percent)
    Transmission fluids are liquids that lubricate and cool the moving 
parts in a transmission to prevent wearing and to ensure smooth 
performance.
    USDA identified two manufacturers and vendors of two transmission 
fluids. These manufacturers and vendors do not include all 
manufacturers and vendors of biobased transmission fluids, merely those 
identified through the USDA Certified Biobased Products listing in the 
BioPreferred Program's database. These biobased transmission fluids 
have biobased contents of 63 percent and 96 percent, as measured by 
ASTM D6866. In establishing the minimum biobased content requirement 
for this product category, USDA did not find a reason to exclude either 
product. Thus, the proposed minimum biobased content for this product 
category is 60 percent, based on the product with a tested biobased 
content of 63 percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. While these 
manufacturers and vendors did not identify additional test methods, 
performance standards, product certifications, and other measures of 
performance for these products, USDA is open to evaluating products 
that have undergone additional testing or have achieved other types of 
product certifications for inclusion in this finished product category.
    USDA has been unable to obtain data on the amount of transmission 
fluids purchased by Federal procuring agencies. However, USDA believes 
that some Federal agencies and their contractors do and would likely 
purchase these types of products. Additionally, as discussed earlier in 
Section II, designating this finished product category would contribute 
towards fulfilling the 2008 Farm Bill requirements to designate 
products composed of designated intermediate ingredients and 
feedstocks. Transmission fluids may be manufactured using the following 
designated intermediate ingredient and feedstock categories: 
Intermediates--binders; intermediates--chemicals; intermediates--
lubricant components; and intermediates--oils, fats, and waxes.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on transmission fluids and may be found on the BioPreferred 
Program's website.

[[Page 46798]]

    Biobased transmission fluids may overlap with the products 
categorized in the EPA's CPG product category of Vehicular Products: 
Re-Refined Lubricating Oil. USDA is requesting that manufacturers and 
vendors of these qualifying biobased products provide information on 
the USDA website regarding the intended uses of the product, whether 
the product contains any recovered material in addition to biobased 
ingredients, and other test methods or performance standards through 
which the product has undergone testing. This information will assist 
Federal agencies in determining whether qualifying biobased 
transmission fluids overlap with the CPG-designated product category of 
Vehicular Products: Engine Coolants and which product should be 
afforded the preference in purchasing.
30. Wall Coverings (Minimum Biobased Content 62 Percent)
    Wall coverings are materials that are applied to walls using an 
adhesive. This category includes, but is not limited to, wallpaper, 
vinyl wall coverings, and wall fabrics. This category excludes all 
types of paints or coatings.
    USDA identified one manufacturer and vendor of five wall coverings. 
This manufacturer and vendor is not the only manufacturer and vendor of 
biobased wall coverings; rather, it is the only manufacturer and vendor 
that was identified through the USDA Certified Biobased Products 
listing in the BioPreferred Program's database. These biobased wall 
coverings have biobased contents of 65, 68, 89, 89, and 89 percent, as 
measured by ASTM D6866. In establishing the minimum biobased content 
requirement for this product category, USDA did not find a reason to 
exclude any products. Thus, the proposed minimum biobased content for 
this product category is 62 percent, based on the product with a tested 
biobased content of 65 percent.
    Information supplied by this manufacturer and vendor indicates that 
these products are being used commercially. In addition, this 
manufacturer and vendor identified an additional performance standard 
(as shown below) that was used in evaluating the products within this 
product category. While there may be additional test methods, 
performance standards, product certifications, and other measures of 
performance applicable to products within this product category, the 
performance standard identified by this manufacturer and vendor is 
below:
    <bullet> ACT Physical Properties Performance Guideline.
    USDA has been unable to obtain data on the amount of wall coverings 
purchased by Federal procuring agencies. However, USDA believes that 
some Federal agencies and their contractors do and would likely 
purchase these types of products. Additionally, as discussed earlier in 
Section II, designating this finished product category would contribute 
towards fulfilling the 2008 Farm Bill requirements to designate 
products composed of designated intermediate ingredients and 
feedstocks. Wall coverings may be manufactured using the following 
designated intermediate ingredient and feedstock categories: 
Intermediates--binders; intermediates--chemicals; intermediates--fibers 
and fabrics; intermediates--plastic resins; intermediates--rubber 
materials; and intermediates--textile processing materials.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on wall coverings and may be found on the BioPreferred 
Program's website.

C. Proposed Amendments to Previously Designated Product Categories

    In this proposed rule, USDA is proposing to amend the previously 
designated product categories of general purpose de-icers; firearm 
lubricants; laundry products; and water clarifying agents. The proposed 
amendments are discussed in the following sections.
1. General Purpose De-Icers
    Since the designation of the general purpose de-icers product 
category, USDA has gathered more information on de-icers intended for 
general purpose use and/or specialized use. In reviewing this 
information, USDA found that there is no significant difference in 
formulation or biobased content of de-icers intended for general 
purpose or specialized use. As a result, USDA concluded that it is 
reasonable to include these products in a single, revised category for 
de-icers. USDA is proposing to revise the previously designated general 
purpose de-icers category to include both general purpose and 
specialized de-icers, as follows:
De-Icers (Minimum Biobased Content 93 Percent)
    De-icers are chemical products (e.g., salts, fluids) that are 
designed to aid in the removal of snow and/or ice, and/or in the 
prevention of the buildup of snow and/or ice, by lowering the freezing 
point of water.
    USDA identified five manufacturers and vendors of 13 biobased de-
icers. These manufacturers and vendors do not include all manufacturers 
and vendors of biobased de-icers, merely those identified through the 
USDA Certified Biobased Products in the BioPreferred Program's 
database. These biobased de-icers have biobased contents ranging from 
96 percent to 100 percent, as measured by ASTM D6866. USDA is not 
proposing a change to the minimum biobased content of the existing 
designated category. Thus, the proposed minimum biobased content for 
this product category is 93 percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. In addition, two of 
these manufacturers and vendors identified additional test methods or 
performance standards (as shown below) that were used in evaluating the 
products within this product category. While there may be additional 
test methods, performance standards, product certifications, and other 
measures of performance applicable to products within this product 
category, those identified by these manufacturers and vendors include:
    <bullet> AMS1476B SAE International Deodorant, Aircraft Toilet 
Specification,
    <bullet> ASTM D1177 Standard Test Method for Freezing Point of 
Aqueous Engine Coolants,
    <bullet> ASTM D1384 Standard Test Method for Corrosion Test for 
Engine Coolants in Glassware,
    <bullet> Boeing D6-17487R Revision R Toilet Flushing Fluids,
    <bullet> EPA 2007.0 Acute Toxicity WET Method of Mysid, 
Americamysis bahia, and
    <bullet> FBC System Compatible Lubrizol Test Method-2009--NSF CPVC.
    USDA has been unable to obtain data on the amount of de-icers 
purchased by Federal procuring agencies. However, USDA believes that 
some Federal agencies and their contractors do and would likely 
purchase these types of products. Additionally, as discussed earlier in 
Section II, designating this finished product category would contribute 
towards fulfilling the 2008 Farm Bill requirements to designate 
products composed of designated intermediate ingredients and 
feedstocks. De-icers may be manufactured using the following designated 
intermediate ingredient and feedstock categories: Intermediates--
binders and intermediates--chemicals.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on

[[Page 46799]]

de-icers and may be found on the BioPreferred Program's website.
2. Firearm Lubricants
    Since the designation of the firearm lubricants category, USDA has 
gathered more information on firearm lubricants, as well as other 
firearm care products, such as cleaners and protectants. In reviewing 
the information now available, USDA determined that firearm cleaners, 
lubricants, protectants, and products that are formulated as any 
combination thereof are similar in formulation and biobased content. 
Additionally, USDA found that many of these products are advertised as 
performing well in cleaning, lubricating, and protecting firearms. USDA 
concluded that it is reasonable to include these products in a single, 
revised category for firearm care products. Thus, USDA is proposing to 
revise the firearm lubricants category to include additional firearm 
care products, such as cleaners and protectants, as follows:
Firearm Cleaners, Lubricants, and Protectants (Minimum Biobased Content 
32 Percent)
    Firearm cleaners, lubricants, and protectants are products that are 
designed to care for firearms by cleaning, lubricating, protecting, or 
any combination thereof. Examples include products that are designed 
for use in firearms to reduce the friction and wear between the moving 
parts of a firearm, to keep the weapon clean, and/or to prevent the 
formation of deposits that could cause the weapon to jam.
    USDA identified 14 manufacturers and vendors of 31 biobased firearm 
cleaners, lubricants, and protectants. These manufacturers and vendors 
do not include all manufacturers and vendors of biobased firearm 
cleaners, lubricants, and protectants, merely those identified as USDA 
Certified Biobased Products in the BioPreferred Program's database. 
These biobased firearm cleaners, lubricants, and protectants range in 
biobased content from 35 percent to 100 percent, as measured by ASTM 
D6866. In establishing the minimum biobased content requirement for 
this product category, USDA did not find a reason to exclude any of 
these products. Thus, the proposed minimum biobased content for this 
product category is 32 percent, based on the product with a tested 
biobased content of 35 percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. While these 
manufacturers and vendors did not identify additional test methods, 
performance standards, product certifications, and other measures of 
performance for these products, USDA is open to evaluating products 
that have undergone additional testing or have achieved other types of 
product certifications for inclusion in this finished product category.
    USDA has been unable to obtain data on the amount of firearm 
cleaners, lubricants, and protectants purchased by Federal procuring 
agencies. However, USDA believes that some Federal agencies and their 
contractors do and would likely purchase these types of products. 
Additionally, as discussed earlier in Section II, designating this 
finished product category would contribute towards fulfilling the 2008 
Farm Bill requirements to designate products composed of designated 
intermediate ingredients and feedstocks. Firearm cleaners, lubricants, 
and protectants may be manufactured using the following designated 
intermediate ingredient and feedstock categories: Intermediates--
binders; intermediates--chemicals; intermediates--cleaner components; 
intermediates--lubricant components; and intermediates--oils, fats, and 
waxes.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, has been 
collected on firearm cleaners, lubricants, and protectants and may be 
found on the BioPreferred Program's website.
3. Laundry Products
    USDA previously finalized the designation of the laundry products 
category. This category included two subcategories. Since that time, 
USDA has obtained additional information on products within this 
category and is now proposing to add one new subcategory within the 
laundry products category, as follows:
Laundry Products--Dryer Sheets (Minimum Biobased Content 90 Percent)
    Laundry products--dryer sheets are products that are designed to 
clean, condition, or otherwise affect the quality of the laundered 
material. Such products include but are not limited to laundry 
detergents, bleach, stain removers, and fabric softeners. These are 
small sheets that are added to laundry in clothes dryers to eliminate 
static cling, soften fabrics, or otherwise improve the characteristics 
of the fabric. These products are scented or unscented.
    USDA identified five manufacturers and vendors of seven biobased 
laundry products--dryer sheets. These manufacturers and vendors do not 
include all manufacturers and vendors of biobased laundry products--
dryer sheets, merely those identified as USDA Certified Biobased 
Products in the BioPreferred Program's database. These biobased laundry 
products--dryer sheets have biobased contents of 93, 96, 97, 97, 100, 
100 and 100 percent, as measured by ASTM D6866. In establishing the 
minimum biobased content requirement for this product category, USDA 
did not find a reason to exclude any of these products. Thus, the 
proposed minimum biobased content for this product category is 90 
percent, based on the product with a tested biobased content of 93 
percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. In addition, one of 
these manufacturers and vendors identified a product certification (as 
shown below) that was used in evaluating the products within this 
product category. While there may be additional test methods, 
performance standards, product certifications, and other measures of 
performance applicable to products within this product category, the 
one identified by this manufacturer and vendor is below:
    <bullet> FSC-STD-40 Forest Stewardship Council Standard for Chain 
of Custody Certification.
    USDA has been unable to obtain data on the amount of laundry 
products--dryer sheets purchased by Federal procuring agencies. 
However, USDA believes that some Federal agencies and their contractors 
do and would likely purchase these types of products. Additionally, as 
discussed earlier in Section II, designating this finished product 
category would contribute towards fulfilling the 2008 Farm Bill 
requirements to designate products composed of designated intermediate 
ingredients and feedstocks. Laundry products--dryer sheets may be 
manufactured using the following designated intermediate ingredient and 
feedstock categories: Intermediates--binders; intermediates--chemicals; 
intermediates--fibers and fabrics; intermediates--oils, fats, and 
waxes; intermediates--plastic resins; and intermediates--textile 
processing materials.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, have been 
collected on laundry products--dryer sheets and

[[Page 46800]]

may be found on the BioPreferred Program's website.
4. Water Clarifying Agents
    USDA is proposing the revise the designated water clarifying agents 
category by expanding the definition so that the category includes 
water treatment chemicals, as well as water clarifying agents. Since 
the designation of the water clarifying agents product category, USDA 
has gathered more information about water clarifying agents, as well as 
other types of water or wastewater treatment chemicals. In reviewing 
the information available, USDA determined that these types of products 
are similar in formulation, biobased content, and use. USDA concluded 
that it is reasonable to include these products in a single, revised 
category for water or wastewater treatment chemicals. Therefore, USDA 
is proposing to revise the Water Clarifying Agents category as follows:
Water or Wastewater Treatment Chemicals (Minimum Biobased Content 87 
Percent)
    Water or wastewater treatment chemicals are chemicals that are 
specifically formulated to purify raw water or to treat and purify 
wastewater from residential, commercial, industrial, and agricultural 
systems. Examples include coagulants, flocculants, neutralizing agents, 
activated carbon, or defoamers. This category excludes microbial 
cleaning products.
    USDA identified five manufacturers and vendors of seven water or 
wastewater treatment chemicals. These manufacturers and vendors do not 
include all manufacturers and vendors of biobased water and wastewater 
treatment chemicals, merely those identified through the USDA Certified 
Biobased Products listing in the BioPreferred Program's database. These 
biobased water or wastewater treatment chemicals have biobased contents 
of 90, 97, 98, 100, 100, 100, and 100 percent, as measured by ASTM 
D6866. In establishing the minimum biobased content requirement for 
this product category, USDA did not find a reason to exclude any 
products. Thus, the proposed minimum biobased content for this product 
category is 87 percent, based on the product with a tested biobased 
content of 90 percent.
    Information supplied by these manufacturers and vendors indicates 
that these products are being used commercially. While these 
manufacturers and vendors did not identify additional test methods, 
performance standards, product certifications, and other measures of 
performance for these products, USDA is open to evaluating products 
that have undergone additional testing or have achieved other types of 
product certifications for inclusion in this finished product category.
    USDA has been unable to obtain data on the amount of water or 
wastewater treatment chemicals purchased by Federal procuring agencies. 
However, USDA believes that some Federal agencies and their contractors 
do and would likely purchase these types of products. Additionally, as 
discussed earlier in Section II, designating this finished product 
category would contribute towards fulfilling the 2008 Farm Bill 
requirements to designate products composed of designated intermediate 
ingredients and feedstocks. Water or wastewater treatment chemicals may 
be manufactured using the following designated intermediate ingredient 
and feedstock categories: Intermediates--binders; intermediates--
chemicals; intermediates--fibers and fabrics; intermediates--plastic 
resins; and intermediates--rubber materials.
    Specific product information, including company contact, intended 
use, biobased content, and performance characteristics, has been 
collected on water or wastewater treatment chemicals and may be found 
on the BioPreferred Program's website.

D. Compliance Date for Procurement Preference and Incorporation Into 
Specifications

    USDA intends for the final rule to take effect thirty (30) days 
after publication of the final rule. However, USDA is proposing that 
procuring agencies would have a one-year transition period, starting 
from the date of publication of the final rule, before the procurement 
preference for biobased products within a designated product category 
would take effect.
    USDA is proposing a one-year period before the procurement 
preferences would take effect because it recognizes that Federal 
agencies will need time to incorporate the preferences into procurement 
documents and to revise existing standardized specifications. Both 
section 9002(a)(3) and 7 CFR 3201(c) explicitly acknowledge the need 
for Federal agencies to have sufficient time to revise the affected 
specifications to give preference to biobased products when purchasing 
products within the designated product categories. Procuring agencies 
will need time to evaluate the economic and technological feasibility 
of the available biobased products for their agency-specific uses and 
for compliance with agency-specific requirements.
    By the time these product categories are promulgated for 
designation, Federal agencies will have had a minimum of 18 months 
(from the date of this Federal Register notice), and much longer 
considering when the Guidelines were first proposed and these 
requirements were first laid out, to implement these requirements.
    For these reasons, USDA proposes that the mandatory preference for 
biobased products under the designated product categories take effect 
one year after promulgation of the final rule. The one-year period 
provides these agencies with ample time to evaluate the economic and 
technological feasibility of biobased products for a specific use and 
to revise the specifications accordingly. However, some agencies may be 
able to complete these processes more expeditiously, and not all uses 
will require extensive analysis or revision of existing specifications. 
Although it is allowing up to one year, USDA encourages procuring 
agencies to implement the procurement preferences as early as 
practicable for procurement actions involving any of the designated 
product categories.

V. Where can agencies get more information on these USDA-designated 
product categories?

    The information used to develop this proposed rule was voluntarily 
submitted by the manufacturers of products that are categorized within 
the product categories being proposed. These manufacturers sought to 
participate in the BioPreferred Program's USDA Certified Biobased 
Product labeling initiative and submitted product information necessary 
for certification. Information on each of these products can be found 
on the BioPreferred Program's website (http://www.biopreferred.gov).
    Further, once the product category designations in this proposal 
become final, manufacturers and vendors voluntarily may make available 
additional information on specific products for posting by the agency 
on the BioPreferred Program's website. USDA has begun performing 
periodic audits of the information displayed on the BioPreferred 
Program's website and, where questions arise, is contacting the 
manufacturer or vendor to verify, correct, or remove incorrect or out-
of-date information. Procuring agencies should contact the 
manufacturers and vendors directly to discuss specific needs and to 
obtain detailed information on the availability and prices of biobased 
products meeting those needs.

[[Page 46801]]

    By accessing the BioPreferred Program's website, agencies may also 
be able to obtain any voluntarily-posted information on each product 
concerning the following: Relative price; life-cycle costs; hot links 
directly to a manufacturer's or vendor's website (if available); 
performance standards (industry, government, military, ASTM/ISO) that 
the product has been tested against; and environmental and public 
health information.

VI. Regulatory Information

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    Executive Order 12866, as supplemented by Executive Order 13563, 
requires agencies to determine whether a regulatory action is 
``significant.'' The Order defines a ``significant regulatory action'' 
as one that is likely to result in a rule that may: ``(1) Have an 
annual effect on the economy of $100 million or more or adversely 
affect, in a material way, the economy, a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities; (2) 
Create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency; (3) Materially alter the budgetary 
impact of entitlements, grants, user fees, or loan programs or the 
rights and obligations of recipients thereof; or (4) Raise novel legal 
or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in this Executive Order.''
    This proposed rule has been determined by the Office of Management 
and Budget to be not significant for purposes of Executive Order 12866. 
We are not able to quantify the annual economic effect associated with 
this proposed rule. USDA attempted to obtain information on the Federal 
agencies' usage within the proposed new product categories being added 
and the existing categories being amended. These efforts were largely 
unsuccessful. Therefore, attempts to determine the economic impacts of 
this proposed rule would require estimation of the anticipated market 
penetration of biobased products based upon many assumptions. In 
addition, because agencies have the option of not purchasing products 
within designated product categories if price is ``unreasonable,'' the 
product is not readily available, or the product does not demonstrate 
necessary performance characteristics, certain assumptions may not be 
valid. While facing these quantitative challenges, USDA relied upon a 
qualitative assessment to determine the impacts of this proposed rule.
1. Summary of Impacts
    This proposed rule is expected to have both positive and negative 
impacts to individual businesses, including small businesses. USDA 
anticipates that the Federal preferred procurement program will 
ultimately provide additional opportunities for businesses and 
manufacturers to begin supplying products under the proposed designated 
biobased product categories to Federal agencies and their contractors. 
However, other businesses and manufacturers that supply only non-
qualifying products and do not offer biobased alternatives may 
experience a decrease in demand from Federal agencies and their 
contractors. USDA is unable to determine the number of businesses, 
including small businesses, that may be adversely affected by this 
proposed rule. The proposed rule, however, will not affect existing 
purchase orders, nor will it preclude businesses from modifying their 
product lines to meet new requirements for designated biobased 
products. Because the extent to which procuring agencies will find the 
performance, availability and/or price of biobased products acceptable 
is unknown, it is impossible to quantify the actual economic effect of 
the rule.
2. Benefits of the Proposed Rule
    The designation of these product categories would provide the 
benefits outlined in the objectives of section 9002: To increase 
domestic demand for many agricultural commodities that can serve as 
feedstocks for production of biobased products and to spur development 
of the industrial base through value-added agricultural processing and 
manufacturing in rural communities. On a national and regional level, 
this proposed rule can result in expanding and strengthening markets 
for biobased materials used in these product categories.
3. Costs of the Proposed Rule
    Like the benefits, the costs of this proposed rule have not been 
quantified. Two types of costs are involved: Costs to producers of 
products that will compete with the preferred products and costs to 
Federal agencies to provide procurement preference for the preferred 
products. Producers of competing products may face a decrease in demand 
for their products to the extent Federal agencies refrain from 
purchasing their products. However, it is not known to what extent this 
may occur. Pre-award procurement costs for Federal agencies may rise 
minimally as the contracting officials conduct market research to 
evaluate the performance, availability, and price reasonableness of 
preferred products before making a purchase.

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.
    USDA evaluated the potential impacts of its proposed designation of 
these product categories to determine whether its actions would have a 
significant impact on a substantial number of small entities. Because 
the Federal preferred procurement program established under section 
9002 applies only to Federal agencies and their contractors, small 
governmental (city, county, etc.) agencies are not affected. Thus, the 
proposal, if promulgated, will not have a significant economic impact 
on small governmental jurisdictions.
    USDA anticipates that this program will affect entities, both large 
and small, that manufacture or sell biobased products. For example, the 
designation of product categories for Federal preferred procurement 
will provide additional opportunities for businesses to manufacture and 
sell biobased products to Federal agencies and their contractors. 
Similar opportunities will be provided for entities that supply 
biobased materials to manufacturers.
    The intent of section 9002 is largely to stimulate the production 
of new biobased products and to energize emerging markets for those 
products. Because the program continues to evolve, however, it is 
unknown how many businesses will ultimately be affected. While USDA has 
no data on the number of small businesses that may choose to develop 
and market biobased products within the product categories designated 
by this rulemaking, the number is expected to be small. Because 
biobased products represent an emerging market for products that are 
alternatives to traditional products with well-established market 
shares, only a small percentage of all manufacturers, large or small, 
are expected to develop and market biobased products. Thus,

[[Page 46802]]

the number of small businesses manufacturing biobased products affected 
by this rulemaking is not expected to be substantial.
    The Federal preferred procurement program may decrease 
opportunities for businesses that manufacture or sell non-biobased 
products or provide components for the manufacturing of such products. 
Most manufacturers of non-biobased products within the product 
categories being proposed for designation for Federal preferred 
procurement in this rule are expected to be included under the 
following North American Industry Classification System (NAICS) codes:
    <bullet> 314 Textile Product Mills;
    <bullet> 3169 Other Leather and Allied Product Manufacturing;
    <bullet> 32419 Other Petroleum and Coal Products Manufacturing;
    <bullet> 3255 Paint, Coating, and Adhesive Manufacturing;
    <bullet> 3256 Soap, Cleaning Compound, and Toilet Preparation 
Manufacturing;
    <bullet> 325212 Synthetic Rubber Manufacturing;
    <bullet> 325998 All Other Miscellaneous Chemical Product and 
Preparation Manufacturing;
    <bullet> 325220 Artificial and Synthetic Fibers and Filaments 
Manufacturing;
    <bullet> 32611 Plastics Packaging Materials and Unlaminated Film 
and Sheet Manufacturing;
    <bullet> 32614 Polystyrene Foam Product Manufacturing;
    <bullet> 32615 Urethane and Other Foam Product (except Polystyrene) 
Manufacturing;
    <bullet> 32616 Plastics Bottle Manufacturing;
    <bullet> 32619 Other Plastics Product Manufacturing;
    <bullet> 3262 Rubber Product Manufacturing;
    <bullet> 3322 Cutlery and Handtool Manufacturing;
    <bullet> 3324 Boiler, Tank, and Shipping Container Manufacturing;
    <bullet> 3328 Coating, Engraving, Heat Treating, and Allied 
Activities;
    <bullet> 33992 Sporting and Athletic Goods Manufacturing;
    <bullet> 33993 Doll, Toy, and Game Manufacturing;
    <bullet> 33994 Office Supplies (except Paper) Manufacturing;
    <bullet> 339994 Broom, Brush, and Mop Manufacturing; and
    <bullet> 339999 All Other Miscellaneous Manufacturing.
    USDA obtained information on these 24 NAICS categories from the 
U.S. Census Bureau's Economic Census database. USDA found that in 2012, 
the Survey of Business Owners data indicate that there were about 
42,365 firms with paid employees within these 24 NAICS categories. When 
considering the 2012 Business Patterns Geography Area Series data in 
conjunction, these firms owned a total of about 48,532 individual 
establishments. Thus, the average number of establishments per company 
is about 1.15. The 2012 Business Patterns Geography Area Series data 
also reported that of the 48,532 individual establishments, about 
48,306 (99.5 percent) had fewer than 500 paid employees. USDA also 
found that the average number of paid employees per firm among these 
industries was about 35. Thus, nearly all of the businesses meet the 
Small Business Administration's definition of a small business (less 
than 500 employees, in most NAICS categories).
    USDA does not have data on the potential adverse impacts on 
manufacturers of non-biobased products within the product categories 
being proposed today but believes that the impact will not be 
significant. The ratio of the total number of companies with USDA 
Certified Biobased Products that are categorized in this proposed 
product categories to the total number of firms with paid employees in 
each of the NAICS codes listed above is 0.0038. Thus, USDA believes 
that the number of small businesses manufacturing non-biobased products 
within this proposed product categories and selling significant 
quantities of those products to government agencies that would be 
affected by this rulemaking to be relatively low. Also, this proposed 
rule will not affect existing purchase orders, and it will not preclude 
procuring agencies from continuing to purchase non-biobased products 
when biobased products do not meet the availability, performance, or 
reasonable price criteria. This proposed rule will also not preclude 
businesses from modifying their product lines to meet new 
specifications or solicitation requirements for these products 
containing biobased materials.
    After considering the economic impacts of this proposed rule on 
small entities, USDA certifies that this action will not have a 
significant economic impact on a substantial number of small entities.
    While not a factor relevant to determining whether the proposed 
rule will have a significant impact for RFA purposes, USDA has 
concluded that the effect of the rule will be to provide positive 
opportunities for businesses engaged in the manufacture of these 
biobased products. Purchase and use of these biobased products by 
procuring agencies increases demand for these products and results in 
private sector development of new technologies, creating business and 
employment opportunities that enhance local, regional, and national 
economies.

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 proposed rule does not preempt 
State or local laws, is not intended to have retroactive effect, and 
does not involve administrative appeals.

E. Executive Order 13132: Federalism

    This proposed rule does not have sufficient federalism implications 
to warrant the preparation of a Federalism Assessment. Provisions of 
this proposed rule will 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 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 does not significantly or uniquely affect ``one 
or more Indian tribes . . . the relationship between the Federal 
Government and

[[Page 46803]]

Indian tribes, or . . . the distribution of power and responsibilities 
between the Federal Government and Indian tribes.'' Thus, no further 
action is required under Executive Order 13175.

I. Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 through 3520), the information collection under this proposed rule 
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 product category. 
For information pertinent to E-Government Act compliance related to 
this rule, please contact Karen Zhang at (202) 401-4747.

List of Subjects in 7 CFR Part 3201

    Biobased products, Business and industry, Government procurement.

    For the reasons stated in the preamble, the Department of 
Agriculture proposes 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 3201.37 is amended by revising the section heading and 
paragraphs (a) and (c) to read as follows:


Sec.  3201.37   De-Icers.

    (a) Definition. Chemical products (e.g., salts, fluids) that are 
designed to aid in the removal of snow and/or ice, and/or in the 
prevention of the buildup of snow and/or ice, by lowering the freezing 
point of water.
* * * * *
    (c) Preference compliance dates. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased de-icers. By that date, Federal agencies 
responsible for drafting or reviewing specifications for products to be 
procured shall ensure that the relevant specifications require the use 
of biobased de-icers.
0
3. Section 3201.38 is revised to read as follows:


Sec.  3201.38   Firearm cleaners, lubricants, and protectants.

    (a) Definition. Products that are designed to care for firearms by 
cleaning, lubricating, protecting, or any combination thereof. Examples 
include products that are designed for use in firearms to reduce the 
friction and wear between the moving parts of a firearm, to keep the 
weapon clean, and/or to prevent the formation of deposits that could 
cause the weapon to jam.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 32 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance dates. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased firearm cleaners, lubricants, and protectants. By 
that date, Federal agencies responsible for drafting or reviewing 
specifications for products to be procured shall ensure that the 
relevant specifications require the use of biobased firearm cleaners, 
lubricants, and protectants.
0
4. Section 3201.40 is amended by adding paragraphs (a)(2)(iii) and b(3) 
and revising paragraph (c) to read as follows:


Sec.  3201.40   Laundry products.

    (a) * * *
    (2) * * *
    (iii) Dryer sheets. These are small sheets that are added to 
laundry in clothes dryers to eliminate static cling, soften fabrics, or 
otherwise improve the characteristics of the fabric.
    (b) * * *
    (3) Dryer sheets--90 percent.
    (c) Preference compliance dates. (1) No later than May 14, 2009, 
procuring agencies, in accordance with this part, will give a 
procurement preference for those qualifying biobased laundry products 
specified in paragraphs (a)(2)(i) through (ii) of this section. By that 
date, Federal agencies that have the responsibility for drafting or 
reviewing specifications for items to be procured shall ensure that the 
relevant specifications require the use of biobased laundry products.
    (2) No later than [date one year after the date of publication of 
the final rule], procuring agencies, in accordance with this part, will 
give a procurement preference for those qualifying biobased laundry 
products specified in paragraph (a)(2)(iii) of this section. By that 
date, Federal agencies responsible for drafting or reviewing 
specifications for products to be procured shall ensure that the 
relevant specifications require the use of biobased laundry products.
0
5. Section 3201.99 is revised to read as follows:


Sec.  3201.99  Water and wastewater treatment chemicals.

    (a) Definition. Chemicals that are specifically formulated to 
purify raw water or to treat and purify wastewater from residential, 
commercial, industrial, and agricultural systems. Examples include 
coagulants, flocculants, neutralizing agents, activated carbon, or 
defoamers. This category excludes microbial cleaning products.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 87 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased water and wastewater treatment chemicals. By that 
date, Federal agencies responsible for drafting or reviewing 
specifications for products to be procured shall ensure that the 
relevant specifications require the use of biobased water and 
wastewater treatment chemicals.
0
6. Add Sec. Sec.  3201.120 through 3201.149 to subpart B to read as 
follows:

Subpart B--Designated Product Categories and Intermediate 
Ingredients or Feedstocks

Sec.
* * * * *
3201.120 Adhesives.
3201.121 Animal habitat care products.
3201.122 Cleaning tools.
3201.123 Concrete curing agents.
3201.124 Concrete repair materials.
3201.125 Durable cutlery.
3201.126 Durable tableware.
3201.127 Epoxy systems.
3201.128 Exterior paints and coatings.
3201.129 Facial care products.
3201.130 Feminine care products.
3201.131 Fire logs and fire starters.
3201.132 Folders and filing products.
3201.133 Foliar sprays.

[[Page 46804]]

3201.134 Gardening supplies and accessories.
3201.135 Heating fuels and wick lamps.
3201.136 Kitchenware and accessories.
3201.137 Other lubricants.
3201.138 Phase change materials.
3201.139 Playground and athletic surface materials.
3201.140 Powder coatings.
3201.141 Product packaging.
3201.142 Rugs and floor mats.
3201.143 Shopping and trash bags.
3201.144 Soil amendments.
3201.145 Surface guards, molding, and trim.
3201.146 Toys and sporting gear.
3201.147 Traffic and zone marking paints.
3201.148 Transmission fluids.
3201.149 Wall coverings.


Sec.  3201.120  Adhesives.

    (a) Definition. Adhesives are compounds that temporarily or 
permanently bind two item surfaces together. These products include 
glues and sticky tapes used in construction, household, flooring, and 
industrial settings. This category excludes epoxy systems.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 24 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased adhesives. By that date, Federal agencies 
responsible for drafting or reviewing specifications for products to be 
procured shall ensure that the relevant specifications require the use 
of biobased adhesives.


Sec.  3201.121  Animal habitat care products.

    (a) Definition. Animal habitat care products are products that are 
intended to improve the quality of animal habitats such as cleaning 
supplies, sanitizers, feeders, and products that control, mask, or 
suppress pet odors. This category excludes animal bedding or litter 
products and animal cleaning products.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 22 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased animal habitat care products. By that date, Federal 
agencies responsible for drafting or reviewing specifications for 
products to be procured shall ensure that the relevant specifications 
require the use of biobased animal habitat care products.


Sec.  3201.122   Cleaning tools.

    (a) Definition. Cleaning tools are objects that are used to clean a 
variety of surfaces or items and can be used multiple times. This 
category includes tools such as brushes, scrapers, abrasive pads, and 
gloves that are used for cleaning. The expendable materials used in 
cleaning, such as glass cleaners, single-use wipes, and all-purpose 
cleaners, are excluded from this category, as these materials better 
fit in other categories.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 22 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased cleaning tools. By that date, Federal agencies 
responsible for drafting or reviewing specifications for products to be 
procured shall ensure that the relevant specifications require the use 
of biobased cleaning tools.


Sec.  3201.123   Concrete curing agents.

    (a) Definition. Concrete curing agents are products that are 
designed to enhance and control the curing process of concrete.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 59 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased concrete curing agents. By that date, Federal 
agencies responsible for drafting or reviewing specifications for 
products to be procured shall ensure that the relevant specifications 
require the use of biobased concrete curing agents.
    (d) Determining overlap with a designated product category in the 
EPA's CPG program. Qualifying products within this product category may 
overlap with the EPA's CPG-designated recovered content product 
category of Construction Products: Cement and Concrete. USDA is 
requesting that manufacturers of these qualifying biobased products 
provide information on the BioPreferred Program's website about the 
intended uses of the product, information on whether the product 
contains any recovered material, in addition to biobased ingredients, 
and performance standards against which the product has been tested. 
This information will assist Federal agencies in determining whether a 
qualifying biobased product overlaps with the EPA's CPG-designated 
product category of Construction Products: Cement and Concrete and 
which product should be afforded the preference in purchasing.

    Note to Paragraph (d):  Concrete curing agents within this 
designated product category can compete with similar concrete curing 
agents with recycled content. Under the Resource Conservation and 
Recovery Act of 1976, section 6002, the U.S. Environmental 
Protection Agency CPG-designated Construction Products: Cement and 
Concrete containing recovered materials as products for which 
Federal agencies must give preference in their purchasing programs. 
The designation can be found in the Comprehensive Procurement 
Guideline, 40 CFR 247.12.

Sec.  3201.124   Concrete repair materials.

    (a) Definition. (1) Products that are designed to repair cracks and 
other damage to concrete.
    (2) Concrete repair materials for which preferred procurement 
applies are:
    (i) Concrete repair materials--concrete leveling. Concrete repair 
materials--concrete leveling are products that are designed to repair 
cracks and other damage to concrete by raising or stabilizing concrete.
    (ii) Concrete repair materials--concrete patching. Concrete repair 
materials--concrete patching are products that are designed to repair 
cracks and other damage to concrete by filling and patching the 
concrete.
    (b) Minimum biobased content. The minimum biobased content for all 
concrete repair materials shall be based on the amount of qualifying 
biobased carbon in the product as a percent of the total organic carbon 
in the finished product. The applicable minimum biobased contents are:

[[Page 46805]]

    (1) Concrete repair materials--concrete leveling--23 percent.
    (2) Concrete repair materials--concrete patching--69 percent.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased concrete repair materials. By that date, Federal 
agencies responsible for drafting or reviewing specifications for 
products to be procured shall ensure that the relevant specifications 
require the use of biobased concrete repair materials.
    (d) Determining overlap with a designated product category in the 
EPA's CPG program. Qualifying products within this product category may 
overlap with the EPA's CPG-designated recovered content product 
category of Construction Products: Cement and Concrete. USDA is 
requesting that manufacturers of these qualifying biobased products 
provide information on the BioPreferred Program's website about the 
intended uses of the product, information on whether the product 
contains any recovered material, in addition to biobased ingredients, 
and performance standards against which the product has been tested. 
This information will assist Federal agencies in determining whether a 
qualifying biobased product overlaps with the EPA's CPG-designated 
product category of Construction Products: Cement and Concrete and 
which product should be afforded the preference in purchasing.

    Note to Paragraph (d):  Concrete repair materials within this 
designated product category can compete with similar concrete repair 
materials with recycled content. Under the Resource Conservation and 
Recovery Act of 1976, section 6002, the U.S. Environmental 
Protection Agency CPG-designated Construction Products: Cement and 
Concrete containing recovered materials as products for which 
Federal agencies must give preference in their purchasing programs. 
The designation can be found in the Comprehensive Procurement 
Guideline, 40 CFR 247.12.

Sec.  3201.125   Durable cutlery.

    (a) Definition. Durable cutlery consists of dining utensils that 
are designed to be used multiple times.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 28 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased durable cutlery. By that date, Federal agencies 
responsible for drafting or reviewing specifications for products to be 
procured shall ensure that the relevant specifications require the use 
of biobased durable cutlery.


Sec.  3201.126   Durable tableware.

    (a) Definition. Durable tableware consists of multiple-use 
drinkware and dishware including cups, plates, bowls, and serving 
platters.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 28 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased durable tableware. By that date, Federal agencies 
responsible for drafting or reviewing specifications for products to be 
procured shall ensure that the relevant specifications require the use 
of biobased durable tableware.


Sec.  3201.127   Epoxy systems.

    (a) Definition. Epoxy systems are two-component systems that are 
epoxy-based and are used as coatings, adhesives, surface fillers, and 
composite matrices.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 23 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased epoxy systems. By that date, Federal agencies 
responsible for drafting or reviewing specifications for products to be 
procured shall ensure that the relevant specifications require the use 
of biobased epoxy systems.


Sec.  3201.128  Exterior paints and coatings.

    (a) Definition. Exterior paints and coatings are pigmented liquid 
products that typically contain pigments to add color and are 
formulated for use on outdoor surfaces. When these products dry, they 
typically form a protective layer and provide a coat of color to the 
applied surface. This category includes paint and primers but excludes 
wood and concrete sealers and stains and specialty coatings such as 
roof coatings, wastewater system coatings, and water tank coatings.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 83 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased exterior paints and coatings. By that date, Federal 
agencies responsible for drafting or reviewing specifications for 
products to be procured shall ensure that the relevant specifications 
require the use of biobased exterior paints and coatings.
    (d) Determining overlap with a designated product category in the 
EPA's CPG program. Qualifying products within this product category may 
overlap with the EPA's CPG-designated recovered content product 
category of Construction Products: Consolidated and Reprocessed Latex 
Paint for Specified Uses. USDA is requesting that manufacturers of 
these qualifying biobased products provide information on the 
BioPreferred Program's website about the intended uses of the product, 
information on whether the product contains any recovered material, in 
addition to biobased ingredients, and performance standards against 
which the product has been tested. This information will assist Federal 
agencies in determining whether a qualifying biobased product overlaps 
with the EPA's CPG-designated product category of Construction 
Products: Consolidated and Reprocessed Latex Paint for Specified Uses 
and which product should be afforded the preference in purchasing.

    Note to Paragraph (d):  Exterior paints and coatings within this 
designated product category can compete with similar exterior paints 
and coatings with recycled content. Under the Resource Conservation 
and Recovery Act of 1976, section 6002, the U.S. Environmental 
Protection Agency CPG-designated Construction Products: Consolidated 
and Reprocessed Latex Paint for Specified Uses containing recovered 
materials as products for which Federal agencies must give 
preference in their

[[Page 46806]]

purchasing programs. The designation can be found in the 
Comprehensive Procurement Guideline, 40 CFR 247.12.

Sec.  3201.129  Facial care products.

    (a) Definition. Facial care products are cleansers, moisturizers, 
and treatments specifically designed for the face. These products are 
used to care for the condition of the face by supporting skin 
integrity, enhancing its appearance, and relieving skin conditions. 
This category does not include tools and applicators, such as those 
used to apply facial care products.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 88 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased facial care products. By that date, Federal 
agencies responsible for drafting or reviewing specifications for 
products to be procured shall ensure that the relevant specifications 
require the use of biobased facial care products.


Sec.  3201.130  Feminine care products.

    (a) Definition. Feminine care products are products that are 
designed for maintaining feminine health and hygiene. This category 
includes sanitary napkins, panty liners, and tampons.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 65 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased feminine care products. By that date, Federal 
agencies responsible for drafting or reviewing specifications for 
products to be procured shall ensure that the relevant specifications 
require the use of biobased feminine care products.


Sec.  3201.131  Fire logs and fire starters.

    (a) Definition. Fire logs and fire starters are devices or 
substances that are used to start a fire intended for uses such as 
comfort heat, decoration, or cooking. Examples include fire logs and 
lighter fluid. This category excludes heating fuels for chafing dishes, 
beverage urns, warming boxes, and wick lamps.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 92 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased fire logs and fire starters. By that date, Federal 
agencies responsible for drafting or reviewing specifications for 
products to be procured shall ensure that the relevant specifications 
require the use of biobased fire logs and fire starters.


Sec.  3201.132  Folders and filing products.

    (a) Definition. Folders and filing products are products that are 
designed to hold together items such as loose sheets of paper, 
documents, and photographs with clasps, fasteners, rings, or folders. 
This category includes binders, folders, and document covers.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 66 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased folders and filing products. By that date, Federal 
agencies responsible for drafting or reviewing specifications for 
products to be procured shall ensure that the relevant specifications 
require the use of biobased folders and filing products.
    (d) Determining overlap with a designated product category in the 
EPA's CPG program. Qualifying products within this product category may 
overlap with the EPA's CPG-designated recovered content product 
categories of Non-Paper Office Products: Binders, Clipboards, File 
Folders, Clip Portfolios, and Presentation Folders and Non-Paper Office 
Products: Plastic Envelopes. USDA is requesting that manufacturers of 
these qualifying biobased products provide information on the 
BioPreferred Program's website about the intended uses of the product, 
information on whether the product contains any recovered material, in 
addition to biobased ingredients, and performance standards against 
which the product has been tested. This information will assist Federal 
agencies in determining whether a qualifying biobased product overlaps 
with the EPA's CPG-designated product categories of Non-Paper Office 
Products: Binders, Clipboards, File Folders, Clip Portfolios, and 
Presentation Folders and Non-Paper Office Products: Plastic Envelopes 
and which product should be afforded the preference in purchasing.

    Note to Paragraph (d): Biobased folders and filing products 
within this designated product category can compete with similar 
folders and filing products with recycled content. Under the 
Resource Conservation and Recovery Act of 1976, section 6002, the 
U.S. Environmental Protection Agency CPG-designated Non-Paper Office 
Products: Binders, Clipboards, File Folders, Clip Portfolios, and 
Presentation Folders and Non-Paper Office Products: Plastic 
Envelopes containing recovered materials as products for which 
Federal agencies must give preference in their purchasing programs. 
The designation can be found in the Comprehensive Procurement 
Guideline, 40 CFR 247.16.

Sec.  3201.133   Foliar sprays.

    (a) Definition. Foliar sprays are products that are applied to the 
leaves of plants and provide plants with nutrients. These products may 
also repair plants from previous pest attacks. Examples include liquid 
fertilizers, foliar feeds, and micronutrient solutions.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 50 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased foliar sprays. By that date, Federal agencies 
responsible for drafting or reviewing specifications for products to be 
procured shall ensure that the relevant specifications require the use 
of biobased foliar sprays.


Sec.  3201.134   Gardening supplies and accessories.

    (a) Definition. Gardening supplies and accessories are products 
that are used to grow plants in outdoor and indoor settings. Examples 
include seedling starter trays, nonwoven mats or substrates for 
hydroponics, and flower

[[Page 46807]]

or plant pots. This category excludes compost activators and 
accelerators; erosion control materials; fertilizers, including soil 
inoculants; foliar sprays; mulch and compost materials; and soil 
amendments.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 43 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased gardening supplies and accessories. By that date, 
Federal agencies responsible for drafting or reviewing specifications 
for products to be procured shall ensure that the relevant 
specifications require the use of biobased gardening supplies and 
accessories.


Sec.  3201.135  Heating fuels and wick lamps.

    (a) Definition. Heating fuels and wick lamps are products that 
create controlled sources of heat or sustain controlled open flames 
that are used for warming food, portable stoves, beverage urns, or 
fondue pots. This category also includes wick lamps and their fuels 
that create controlled sources of light indoors and in camping or 
emergency preparedness situations. This category excludes fire logs and 
fire starters and candles and wax melts.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 75 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased heating fuels and wick lamps. By that date, Federal 
agencies responsible for drafting or reviewing specifications for 
products to be procured shall ensure that the relevant specifications 
require the use of biobased heating fuels and wick lamps.


Sec.  3201.136  Kitchenware and accessories.

    (a) Definition. Kitchenware and accessories are products designed 
for food or drink preparation. These products include cookware and 
bakeware, such as baking cups, cookie sheets, parchment paper, and 
roasting bags or pans; cooking utensils, such as brushes, tongs, 
spatulas, and ladles; and food preparation items, such as cutting 
boards, measuring cups, mixing bowls, coffee filters, food preparation 
gloves, and sandwich and snack bags. These products exclude kitchen 
appliances, such as toasters, blenders, and coffee makers; disposable 
tableware; disposable cutlery; disposable containers; durable 
tableware; durable cutlery; and cleaning tools.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 22 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased kitchenware and accessories. By that date, Federal 
agencies responsible for drafting or reviewing specifications for 
products to be procured shall ensure that the relevant specifications 
require the use of biobased kitchenware and accessories.


Sec.  3201.137  Other lubricants.

    (a) Definition. Other lubricants are lubricant products that do not 
fit into any of the BioPreferred Program's specific lubricant 
categories. This category includes lubricants that are formulated for 
specialized uses. Examples of other lubricants include lubricants used 
for sporting or exercise gear and equipment, musical instruments, and 
specialized equipment such as tree shakers. This category excludes 
lubricants that are covered by the specific lubricant categories such 
as chain and cable lubricants, firearm lubricants, forming lubricants, 
gear lubricants, multi-purpose lubricants, penetrating lubricants, 
pneumatic equipment lubricants, and slide way lubricants.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 39 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased other lubricants. By that date, Federal agencies 
responsible for drafting or reviewing specifications for products to be 
procured shall ensure that the relevant specifications require the use 
of biobased other lubricants.
    (d) Determining overlap with a designated product category in the 
EPA's CPG program. Qualifying products within this product category may 
overlap with the EPA's CPG-designated recovered content product 
category of Vehicular Products: Re-Refined Lubricating Oil. USDA is 
requesting that manufacturers of these qualifying biobased products 
provide information on the BioPreferred Program's website about the 
intended uses of the product, information on whether the product 
contains any recovered material, in addition to biobased ingredients, 
and performance standards against which the product has been tested. 
This information will assist Federal agencies in determining whether a 
qualifying biobased product overlaps with the EPA's CPG-designated 
product category of Vehicular Products: Re-Refined Lubricating Oil and 
which product should be afforded the preference in purchasing.

    Note to Paragraph (d): Other lubricants within this designated 
product category can compete with similar other lubricants with 
recycled content. According to the Resource Conservation and 
Recovery Act of 1976, section 6002, Federal agencies must give 
preference in their purchasing programs for the U.S. Environmental 
Protection Agency's CPG-designated Vehicular Products: Re-Refined 
Lubricating Oil containing recovered materials as products. The 
designation can be found in the Comprehensive Procurement Guideline, 
40 CFR 247.11.

Sec.  3201.138   Phase change materials.

    (a) Definition. Phase change materials are products that are 
capable of absorbing and releasing large amounts of thermal energy by 
freezing and thawing at certain temperatures. Heat is absorbed or 
released when the material changes from solid to liquid and vice versa. 
Applications may include, but are not limited to, conditioning of 
buildings, medical applications, thermal energy storage, or cooling of 
food. Materials such as animal fats and plant oils that melt at 
desirable temperatures are typically used to make products in this 
category.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 71 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.

[[Page 46808]]

    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased phase change materials. By that date, Federal 
agencies responsible for drafting or reviewing specifications for 
products to be procured shall ensure that the relevant specifications 
require the use of biobased phase change materials.


Sec.  3201.139  Playground and athletic surface materials.

    (a) Definition. Playground and athletic surface materials are 
products that are designed for use on playgrounds and athletic 
surfaces. Examples include materials that are applied to the surfaces 
of playgrounds, athletic fields, and other sports surfaces to enhance 
or change the color or general appearance of the surface and to provide 
safety and/or performance benefits. Such materials include, but are not 
limited to, top coatings, primers, line marking paints, and rubberized 
pellets that are used on athletic courts, tracks, natural or artificial 
turf, and other playing surfaces. This category does not include the 
artificial turf or surface itself, as that is included in the carpets 
product category.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 22 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased playground and athletic surface materials. By that 
date, Federal agencies responsible for drafting or reviewing 
specifications for products to be procured shall ensure that the 
relevant specifications require the use of biobased playground and 
athletic surface materials.
    (d) Determining overlap with a designated product category in the 
EPA's CPG program. Qualifying products within this product category may 
overlap with the EPA's CPG-designated recovered content product 
categories of Parks and Recreation Products: Playground Surfaces and 
Running Tracks. USDA is requesting that manufacturers of these 
qualifying biobased products provide information on the BioPreferred 
Program's website about the intended uses of the product, information 
on whether the product contains any recovered material, in addition to 
biobased ingredients, and performance standards against which the 
product has been tested. This information will assist Federal agencies 
in determining whether a qualifying biobased product overlaps with the 
EPA's CPG-designated product categories of Parks and Recreation 
Products: Playground Surfaces and Running Tracks and which product 
should be afforded the preference in purchasing.

    Note to Paragraph (d): Playground and athletic surface materials 
within this designated product category can compete with similar 
playground and athletic surface materials with recycled content. 
According to the Resource Conservation and Recovery Act of 1976, 
section 6002, Federal agencies must give preference in their 
purchasing programs for the U.S. Environmental Protection Agency's 
CPG-designated product categories of Parks and Recreation Products: 
Playground Surfaces and Running Tracks containing recovered 
materials as products. The designation can be found in the 
Comprehensive Procurement Guideline, 40 CFR 247.10.

Sec.  3201.140  Powder coatings.

    (a) Definition. Powder coatings are polymer resin systems that are 
combined with stabilizers, curatives, pigments, and other additives and 
ground into a powder. These coatings are applied electrostatically to 
metallic surfaces and then cured under heat. Powder coatings are 
typically used for coating metals, such as vehicle and bicycle parts, 
household appliances, and aluminum extrusions.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 34 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased powder coatings. By that date, Federal agencies 
responsible for drafting or reviewing specifications for products to be 
procured shall ensure that the relevant specifications require the use 
of biobased powder coatings.


Sec.  3201.141   Product packaging.

    (a) Definition. Product packaging items are used to protect, 
handle, and retain a product during activities related but not limited 
to its storage, distribution, sale, and use. These containers are 
typically designed to be used once. This category excludes packing and 
insulating materials and shopping and trash bags.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 25 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased product packaging. By that date, Federal agencies 
responsible for drafting or reviewing specifications for products to be 
procured shall ensure that the relevant specifications require the use 
of biobased product packaging.
    (d) Determining overlap with a designated product category in the 
EPA's CPG program. Qualifying products within this product category may 
overlap with the EPA's CPG-designated recovered content product 
category of Paper Products: Paperboard and Packaging. USDA is 
requesting that manufacturers of these qualifying biobased products 
provide information on the BioPreferred Program's website about the 
intended uses of the product, information on whether the product 
contains any recovered material, in addition to biobased ingredients, 
and performance standards against which the product has been tested. 
This information will assist Federal agencies in determining whether a 
qualifying biobased product overlaps with the EPA's CPG-designated 
product category of Paper Products: Paperboard and Packaging and which 
product should be afforded the preference in purchasing.

    Note to Paragraph (d):  Product packaging within this designated 
product category can compete with similar product packaging with 
recycled content. Under the Resource Conservation and Recovery Act 
of 1976, section 6002, the U.S. Environmental Protection Agency CPG-
designated Paper Products: Paperboard and Packaging containing 
recovered materials as products for which Federal agencies must give 
preference in their purchasing programs. The designation can be 
found in the Comprehensive Procurement Guideline, 40 CFR 247.10.

Sec.  3201.142   Rugs and floor mats.

    (a) Definition. Rugs or floor mats are floor coverings that are 
used for decorative or ergonomic purposes and that are not attached to 
the floor. This category includes items such as area

[[Page 46809]]

rugs, rug runners, chair mats, and bathroom and kitchen mats. This 
category excludes wall-to-wall carpet.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 23 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased rugs and floor mats. By that date, Federal agencies 
responsible for drafting or reviewing specifications for products to be 
procured shall ensure that the relevant specifications require the use 
of biobased rugs and floor mats.
    (d) Determining overlap with a designated product category in the 
EPA's CPG program. Qualifying products within this product category may 
overlap with the EPA's CPG-designated recovered content product 
category of Miscellaneous Products: Mats. USDA is requesting that 
manufacturers of these qualifying biobased products provide information 
on the BioPreferred Program's website about the intended uses of the 
product, information on whether the product contains any recovered 
material, in addition to biobased ingredients, and performance 
standards against which the product has been tested. This information 
will assist Federal agencies in determining whether a qualifying 
biobased product overlaps with the EPA's CPG-designated product 
category of Miscellaneous Products: Mats and which product should be 
afforded the preference in purchasing.

    Note to Paragraph (d): Rugs and floor mats within this 
designated product category can compete with similar rugs or floor 
mats with recycled content. Under the Resource Conservation and 
Recovery Act of 1976, section 6002, the U.S. Environmental 
Protection Agency CPG-designated Miscellaneous Products: Mats 
containing recovered materials as products for which Federal 
agencies must give preference in their purchasing programs. The 
designation can be found in the Comprehensive Procurement Guideline, 
40 CFR 247.17.

Sec.  3201.143   Shopping and trash bags.

    (a) Definition. Shopping and trash bags are open-ended bags that 
are typically made of thin, flexible film and are used for containing 
and transporting items such as consumer goods and waste. Examples 
include trash bags, can liners, shopping or grocery bags, pet waste 
bags, compost bags, and yard waste bags. This category does not include 
product packaging, disposable containers, or semi-durable and non-
durable films.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 22 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased shopping and trash bags. By that date, Federal 
agencies responsible for drafting or reviewing specifications for 
products to be procured shall ensure that the relevant specifications 
require the use of biobased shopping and trash bags.
    (d) Determining overlap with a designated product category in the 
EPA's CPG program. Qualifying products within this product category may 
overlap with the EPA's CPG-designated recovered content product 
category of Non-Paper Office Products: Plastic Trash Bags. USDA is 
requesting that manufacturers of these qualifying biobased products 
provide information on the BioPreferred Program's website about the 
intended uses of the product, information on whether the product 
contains any recovered material, in addition to biobased ingredients, 
and performance standards against which the product has been tested. 
This information will assist Federal agencies in determining whether a 
qualifying biobased product overlaps with the EPA's CPG-designated 
product category of Non-Paper Office Products: Trash Bags and which 
product should be afforded the preference in purchasing.

    Note to Paragraph (d): Shopping and trash bags within this 
designated product category can compete with similar shopping and 
trash bags with recycled content. Under the Resource Conservation 
and Recovery Act of 1976, section 6002, the U.S. Environmental 
Protection Agency CPG-designated Non-Paper Office Products: Trash 
Bags containing recovered materials as products for which Federal 
agencies must give preference in their purchasing programs. The 
designation can be found in the Comprehensive Procurement Guideline, 
40 CFR 247.17.

Sec.  3201.144   Soil amendments.

    (a) Definition. Soil amendments are materials that enhance the 
physical characteristics of soil through improving water retention or 
drainage, improving nutrient cycling, promoting microbial growth, or 
changing the soil's pH. This category excludes foliar sprays and 
chemical fertilizers.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 72 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased soil amendments. By that date, Federal agencies 
responsible for drafting or reviewing specifications for products to be 
procured shall ensure that the relevant specifications require the use 
of biobased soil amendments.
    (d) Determining overlap with a designated product category in the 
EPA's CPG program. Qualifying products within this product category may 
overlap with the EPA's CPG-designated recovered content product 
categories of Landscaping Products: Compost Made From Recovered Organic 
Materials and Landscaping Products: Fertilizer Made From Recovered 
Organic Materials. USDA is requesting that manufacturers of these 
qualifying biobased products provide information on the BioPreferred 
Program's website about the intended uses of the product, information 
on whether the product contains any recovered material, in addition to 
biobased ingredients, and performance standards against which the 
product has been tested. This information will assist Federal agencies 
in determining whether a qualifying biobased product overlaps with the 
EPA's CPG-designated product categories Landscaping Products: Compost 
Made From Recovered Organic Materials and Landscaping Products: 
Fertilizer Made From Recovered Organic Materials and which product 
should be afforded the preference in purchasing.

    Note to Paragraph (d): Soil amendments within this designated 
product category can compete with similar soil amendments with 
recycled content. Under the Resource Conservation and Recovery Act 
of 1976, section 6002, the U.S. Environmental Protection Agency CPG-
designated Landscaping Products: Compost Made From Recovered Organic 
Materials and Landscaping Products: Fertilizer Made From Recovered 
Organic Materials containing recovered materials as products for 
which Federal agencies must give preference in their purchasing 
programs. The designation can be found in the Comprehensive 
Procurement Guideline, 40 CFR 247.15.


[[Page 46810]]




Sec.  3201.145   Surface guards, molding, and trim.

    (a) Definition. Surface guards, molding, and trim products are 
typically used during construction or manufacturing. These products are 
designed to protect surfaces, such as walls and floors, from damage or 
to cover the exposed edges of furniture or floors.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 26 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased surface guards, molding, and trim. By that date, 
Federal agencies responsible for drafting or reviewing specifications 
for products to be procured shall ensure that the relevant 
specifications require the use of biobased surface guards, molding, and 
trim.


Sec.  3201.146   Toys and sporting gear.

    (a) Definition. Toys and sporting gear are products that are 
designed for indoor or outdoor recreational use including, but not 
limited to, toys; games; and sporting equipment and accessories such as 
balls, bats, racquets, nets, and bicycle seats. This category does not 
include products such as cleaners, lubricants, and oils that are used 
to maintain or clean toys and sporting gear.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 32 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased toys and sporting gear. By that date, Federal 
agencies responsible for drafting or reviewing specifications for 
products to be procured shall ensure that the relevant specifications 
require the use of biobased toys and sporting gear.


Sec.  3201.147  Traffic and zone marking paints.

    (a) Definition. Traffic and zone marking paints are products that 
are formulated and marketed for marking and striping streets, highways, 
or other traffic surfaces including, but not limited to, curbs, 
driveways, parking lots, sidewalks, and airport runways.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 30 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased traffic and zone marking paints. By that date, 
Federal agencies responsible for drafting or reviewing specifications 
for products to be procured shall ensure that the relevant 
specifications require the use of biobased traffic and zone marking 
paints.


Sec.  3201.148   Transmission fluids.

    (a) Definition. Transmission fluids are liquids that lubricate and 
cool the moving parts in a transmission to prevent wearing and to 
ensure smooth performance.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 60 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased transmission fluids. By that date, Federal agencies 
responsible for drafting or reviewing specifications for products to be 
procured shall ensure that the relevant specifications require the use 
of biobased transmission fluids.
    (d) Determining overlap with a designated product category in the 
EPA's CPG program. Qualifying products within this product category may 
overlap with the EPA's CPG-designated recovered content product 
category of Vehicular Products: Re-refined Lubricating Oil. USDA is 
requesting that manufacturers of these qualifying biobased products 
provide information on the BioPreferred Program's website about the 
intended uses of the product, information on whether the product 
contains any recovered material, in addition to biobased ingredients, 
and performance standards against which the product has been tested. 
This information will assist Federal agencies in determining whether a 
qualifying biobased product overlaps with the EPA's CPG-designated 
Vehicular Products: Re-Refined Lubricating Oil and which product should 
be afforded the preference in purchasing.

    Note to Paragraph (d): Transmission fluids within this 
designated product category can compete with similar transmission 
fluids with recycled content. Under the Resource Conservation and 
Recovery Act of 1976, section 6002, the U.S. Environmental 
Protection Agency CPG-designated product categories Vehicular 
Products: Re-Refined Lubricating Oil containing recovered materials 
as products for which Federal agencies must give preference in their 
purchasing programs. The designation can be found in the 
Comprehensive Procurement Guideline, 40 CFR 247.11.

Sec.  3201.149   Wall coverings.

    (a) Definition. Wall coverings are materials that are applied to 
walls using an adhesive. This category includes, but is not limited to, 
wallpaper, vinyl wall coverings, and wall fabrics. This category 
excludes all types of paints or coatings.
    (b) Minimum biobased content. The Federal preferred procurement 
product must have a minimum biobased content of at least 62 percent, 
which shall be based on the amount of qualifying biobased carbon in the 
product as a percent of the total organic carbon in the finished 
product.
    (c) Preference compliance date. No later than [date one year after 
the date of publication of the final rule], procuring agencies, in 
accordance with this part, will give a procurement preference for 
qualifying biobased wall coverings. By that date, Federal agencies 
responsible for drafting or reviewing specifications for products to be 
procured shall ensure that the relevant specifications require the use 
of biobased wall coverings.

    Dated: August 31, 2018.
Donald K. Bice,
Deputy Assistant Secretary for Administration, U.S. Department of 
Agriculture.
[FR Doc. 2018-19681 Filed 9-13-18; 8:45 am]
 BILLING CODE 3410-93-P


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