[Federal Register Volume 74, Number 53 (Friday, March 20, 2009)]
[Proposed Rules]
[Pages 11889-11891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5876]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 523 and 552

[GSAR Case 2006-G506; Docket 2009-0005; Sequence 1]
RIN 3090-AI82


General Services Acquisition Regulation; GSAR Case 2006-G506; 
Rewrite of Part 523, Environment, Conservation, Occupational Safety and 
Drug-Free Workplace

AGENCY: Office of the Chief Acquisition Officer, General Services 
Administration (GSA).

ACTION: Proposed rule.

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SUMMARY: The GSA is proposing to amend the General Services Acquisition 
Regulation (GSAR) to update the text addressing environment, 
conservation, occupational safety and drug-free workplace.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat on or before May 19, 2009 to be considered in 
the formulation of a final rule.

ADDRESSES: Submit comments identified by GSAR Case 2006-G506 by any of 
the following methods:
    <bullet> Regulations.gov: http://www.regulations.gov.
    Submit comments via the Federal eRulemaking portal by inputting 
``GSAR Case 2006-G506'' under the heading ``Comment or Submission''. 
Select the link ``Send a Comment or Submission'' that corresponds with 
GSAR Case 2006-G506. Follow the instructions provided to complete the 
``Public Comment and Submission Form''. Please include your name, 
company name (if any), and ``GSAR Case 2006-G506'' on your attached 
document.
    <bullet> Fax: 202-501-4067.
    <bullet> Mail: General Services Administration, Regulatory 
Secretariat (VPR), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers, 
Washington, DC 20405.
    Instructions: Please submit comments only and cite GSAR Case 2006-
G506 in all correspondence related to this case. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. William Clark at (202) 219-1813, or by e-mail at 
<a href="/cdn-cgi/l/email-protection#b8cfd1d4d4d1d9d596dbd4d9cad3f8dfcbd996dfd7ce"><span class="__cf_email__" data-cfemail="a0d7c9ccccc9c1cd8ec3ccc1d2cbe0c7d3c18ec7cfd6">[email protected]</span></a>. For information pertaining to the status or 
publication schedules, contact the Regulatory Secretariat (VPR), Room 
4041, GS Building, Washington, DC 20405, (202) 501-4755. Please cite 
GSAR Case 2006-G506.

SUPPLEMENTARY INFORMATION:

A. Background

    The GSA is amending the GSAR to update the text addressing GSAR 
Part 523, Environment, Energy and Water Efficiency, Renewable Energy 
Technologies, Occupational Safety, and Drug-Free Workplace. This rule 
is a result of the GSA Acquisition Manual (GSAM) rewrite initiative 
undertaken by GSA to revise the GSAM to maintain consistency with the 
FAR and implement streamlined and innovative acquisition procedures 
that contractors, offerors, and GSA contracting personnel can utilize 
when entering into and administering contractual relationships. The 
GSAM incorporates the GSAR as well as internal agency acquisition 
policy. The GSA will rewrite each part of the GSAR and GSAM, and as 
each GSAR part is rewritten, will publish it in the Federal Register.
    This proposed rule changes the title of Part 523 to ``Environment, 
Energy and Water Efficiency, Renewable Energy Technologies, 
Occupational Safety, and Drug-Free Workplace,'' to correspond to the 
title in FAR Part 23. The title for Subpart 523.3 is changed to 
``Hazardous Material Identification and Material Safety Data'' to be 
consistent with the corresponding FAR subpart.
    In addition, this proposed rule amends the GSAR to delete clause 
552.223-70, Hazardous Substances, in its entirety because it does not 
contain all of the required statutes for shipping hazardous materials. 
It is replaced with two new hazardous materials clauses.
    Clause 552.223-70, Preservation, Packaging, Packing, Marking and 
Labeling of Hazardous Materials

[[Page 11890]]

(HAZMAT) for Export Shipment, is added to require compliance by 
contractors with the International Maritime Dangerous Goods (IMDG) 
Code, the Occupational Safety and Health Regulation, and the applicable 
Modal Regulation, which are mandated in the new GSAR clause as they 
pertain to export shipping. This clause also contains a requirement for 
compliance by contractors with the Air Force Inter-Service Manual 
(AFIM) 24-204 for military aircraft shipments.
    Clause 552.223-73, Preservation, Packaging, Packing, Marking and 
Labeling of Hazardous Materials (HAZMAT) for Domestic Shipment, is 
added to require compliance by contractors with the U.S. Department of 
Transportation Hazardous Material Regulation and the Occupational 
Safety and Health Administration Regulation.
    In addition, the provision at 552.212-72, Contract Terms and 
Conditions Required to Implement Statutes or Executive Orders 
Applicable to GSA Acquisition of Commercial Items, is updated to 
include the new hazardous material clauses.
    The GSA published an Advance Notice of Proposed Rulemaking (ANPR) 
in the Federal Register at 71 FR 7910 on February 15, 2006, with 
request for comments on the GSAM rewrite initiative. The GSA did not 
receive any comments pertaining to GSAR Part 523.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The GSA does not expect this proposed rule to have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because there are no substantive changes. An Initial Regulatory 
Flexibility Analysis has, therefore, not been performed. We invite 
comments from small businesses and other interested parties. The GSA 
will consider comments from small entities concerning the affected GSAR 
Part 523 and 552 in accordance with 5 U.S.C. 610. Interested parties 
must submit such comments separately and should cite 5 U.S.C. 601, et 
seq. (GSAR case 2006-G506), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act (Pub. L. 104-13) applies because the 
proposed rule contains information collection requirements. 
Accordingly, the Regulatory Secretariat has submitted a request for 
reinstatement with changes to the information collection requirement 
concerning Environment, Conservation, Occupational Safety and Drug-free 
Workplace, to the Office of Management and Budget under 44 U.S.C. 35, 
et seq.

Annual Reporting Burden

    Public reporting burden for this collection of information is 
estimated to average .658 hours per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    The annual reporting burden is estimated as follows:
    Respondents: 563.
    Responses per respondent: 3.
    Total annual responses: 1689.
    Preparation hours per response: .658.
    Total response burden hours: 1111.

D. Request for Comments Regarding Paperwork Burden

    Submit comments, including suggestions for reducing this burden, 
not later than May 19, 2009 to: GSAR Desk Officer, OMB, Room 10102, 
NEOB, Washington, DC 20503, and a copy to the General Services 
Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 
4041, Washington, DC 20405.
    Public comments are particularly invited on: whether this 
collection of information is necessary for the proper performance of 
functions of the GSAR, and will have practical utility; whether our 
estimate of the public burden of this collection of information is 
accurate, and based on valid assumptions and methodology; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways in which we can minimize the burden of the 
collection of information on those who are to respond, through the use 
of appropriate technological collection techniques or other forms of 
information technology.
    Requester may obtain a copy of the justification from the General 
Services Administration, Regulatory Secretariat (VPR), Room 4041, 
Washington, DC 20405, telephone (202) 208-7312. Please cite OMB Control 
Number 3090-0205, GSAR Case 2006-G506, Environment, Conservation, 
Occupational Safety and Drug-Free Workplace, in all correspondence.

List of Subjects in 48 CFR Parts 523 and 552

    Government procurement.

    Dated: January 13, 2009.
Al Matera,
Director, Office of Acquisition Policy.

    Therefore, GSA proposes to amend 48 CFR parts 523 and 552 as set 
forth below:
    1. The authority citation for 48 CFR parts 523 and 552 continues to 
read as follows:

    Authority:  40 U.S.C. 121(c).

PART 523--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE 
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY AND DRUG-FREE WORKPLACE

    2. Revise the heading of part 523 as set forth above.
    3. Amend section 523.303 by revising the section heading, and 
paragraph (a); and adding new paragraph (c) to read as follows:


523.303  Contract clauses.

    (a) Insert 552.223-70, Preservation, Packaging, Packing, Marking 
and Labeling of Hazardous Materials (HAZMAT) for Export Shipment in 
solicitations and contracts for packaged items subject to the 
Occupational Safety and Health Act and the Hazardous Materials 
Transportation Act.
* * * * *
    (c) Insert 552.223-73, Preservation, Packaging, Packing, Marking 
and Labeling of Hazardous Materials (HAZMAT) For Domestic Shipment, in 
solicitations and contracts for packaged items subject to the 
Occupational Safety and Health Act and the Hazardous Materials 
Transportation Act.

PART 552--SOLICITATION PROVISION AND CONTRACT CLAUSES

    4. Amend section 552.212-72 by revising the date of the clause and 
paragraph (b) to read as follows:


552.212-72  Contract Terms and Conditions Required to Implement 
Statutes or Executive Orders Applicable to GSA Acquisition of 
Commercial Items.

* * * * *
    CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR 
EXECUTIVE ORDERS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL ITEMS 
(DATE)
* * * * *
    (b) Clauses.
    ------552.223-70 Preservation, Packaging, Packing, Marking and 
Labeling of Hazardous Materials (HAZMAT) for Export Shipment
    ------552.223-71 Nonconforming Hazardous Material

[[Page 11891]]

    ------552.223-73 Preservation, Packaging, Packing, Marking and 
Labeling of Hazardous Materials (Hazmat) For Domestic Shipment
    ------552.238-70 Identification of Electronic Office Equipment 
Providing Accessibility for the Handicapped
    ------ 552.238-72 Identification of Products that have 
Environmental Attributes
    (End of clause)

    5. Amend section 552.223-70 by revising the section heading, date 
of the clause, and clause to read as follows:


552.223-70  Preservation, Packaging, Packing, Marking and Labeling of 
Hazardous Materials (HAZMAT) for Export Shipment.

* * * * *
    PRESERVATION, PACKAGING, PACKING, MARKING AND LABELING OF HAZARDOUS 
MATERIALS (HAZMAT) FOR EXPORT SHIPMENT (DATE)

    (a) Preservation, packaging, packing, marking and labeling of 
hazardous materials for shipment overseas (includes Hawaii, Puerto 
Rico and U.S. territories) shall comply with all requirements of the 
following:
    (1) International Maritime Dangerous Goods (IMDG) Code as 
established by the International Maritime Organization.
    (2) Items which qualify for U.S. Department of Transportation 
Consumer Commodity classifications shall be packaged in accordance 
with the IMDG Code and dual marked with both Consumer Commodity and 
IMDG marking and labeling.
    (3) Occupational Safety and Health Administration (OSHA) 
Regulation 29 (CFR) part 1910.1200.
    (4) Any preservation, packaging, packing, marking and labeling 
requirements contained elsewhere in this solicitation.
    (b) Preservation, packaging, packing, marking and labeling of 
overseas hazardous materials via commercial aircraft shall comply 
with the International Air Transport Association, Dangerous Goods 
Regulation (IATA).
    (c) Preservation, packaging, packing, marking and labeling of 
HAZMAT military aircraft shipments shall comply with the requirement 
of AFIM 24-204, Air Force Inter-Service Manual 24-204, Preparing 
Hazardous Materials For Military Air Shipments.
    (d) The test certification data showing compliance with 
performance-oriented packaging requirements shall be made available 
to GSA contract administration/management representatives or 
regulatory inspectors upon request.

    (End of clause)
    6. Add section 552.223-73 to read as follows:


552.223-73  Preservation, Packaging, Packing, Marking and Labeling of 
Hazardous Materials (Hazmat) For Domestic Shipment.

    As prescribed in 523.303(c), insert the following clause:

    PRESERVATION, PACKAGING, PACKING, MARKING AND LABELING OF HAZARDOUS 
MATERIALS (HAZMAT) FOR DOMESTIC SHIPMENT (DATE)
    (a) Preservation, packaging, packing, marking and labeling of 
hazardous materials within the continental United States shall 
comply with all requirements of the following:
    (1) U.S. Department of Transportation (DOT) Hazardous Material 
Regulation 49, CFR parts 171 through 180.
    (2) Occupational Safety and Health Administration (OSHA) 
Regulation 29 CFR part 1910.1200.
    (3) All preservation, packaging, packing, marking and labeling 
requirements contained elsewhere in this solicitation.
    (b) Hazardous Material Packages designated for overseas 
destinations through the GSA Distribution Centers shall comply with 
the International Maritime Dangerous Goods (IMDG) Code.
    (End of clause)

[FR Doc. E9-5876 Filed 3-19-09; 8:45 am]
BILLING CODE 6820-61-S


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