Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28501

Subpart 23.8—Ozone-Depleting Substances

Sec.

23.800 Scope of subpart.

23.801 Authorities.

23.802 Definitions.

23.803 Policy.

23.804 Contract clauses.

23.800 Scope of subpart.

This subpart sets forth policies and

procedures for the acquisition of items

which contain, use, or are manufactured

with ozone-depleting substances. This

subpart does not apply to contracts

performed outside the United States, its

possessions, and Puerto Rico.

23.801 Authorities.

(a) Title VI of the Clean Air Act (42

U.S.C. 7671, et seq.).

(b) Executive Order 12843, April 21,

1993.

(c) Environmental Protection Agency

(EPA) regulations, Protection of

Stratospheric Ozone (40 CFR part 82).

23.802 Definitions.

Class I substance means any

substance designated as class I by EPA

(40 CFR part 82), including but not

limited to chlorofluorocarbons, halons,

carbon tetrachloride, and methyl

chloroform.

Class II substance means any

substance designated as class II by EPA

(40 CFR part 82), including but not

limited to hydrochlorofluorocarbons.

23.803 Policy.

(a) It is the policy of the Federal

Government that Federal agencies:

(1) Implement cost-effective programs

to minimize the procurement of

materials and substances that contribute

to the depletion of stratospheric ozone;

and

(2) Give preference to the

procurement of alternative chemicals,

products, and manufacturing processes

that reduce overall risks to human

health and the environment by

lessening the depletion of ozone in the

upper atmosphere.

(b) In preparing specifications and

purchase descriptions, and in the

acquisition of supplies and services,

agencies shall ensure that acquisitions:

(1) Comply with the requirements of

Title VI of the Clean Air Act, Executive

Order 12843, and 40 CFR 82.84(a) (2),

(3), (4), and (5); and

(2) Substitute safe alternatives to

ozone-depleting substances, as

identified under 42 U.S.C. 7671k, to the

maximum extent practicable, as

provided in 40 CFR 82.84(a)(1).

23.804 Contract clauses.

(a) The contracting officer shall insert

the clause at 52.223–11, OzoneDepleting Substances, in solicitations

and contracts for supplies containing or

manufactured with class I or class II

ozone-depleting substances or

containers of class I or class II ozonedepleting substances.

(b) The contracting officer shall insert

the clause at 52.223–12, Refrigeration

Equipment and Air Conditioners, in

solicitations and contracts for services

when the contract includes the

maintenance, repair, or disposal of any

equipment or appliance using class I or

class II ozone-depleting substances as a

refrigerant, such as air conditioners,

including motor vehicle, refrigerators,

chillers, or freezers.

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

3. and 4. Section 52.223–11 and

52.223–12 are added to read as follows:

52.223–11 Ozone-Depleting Substances.

As prescribed in 23.804(a), insert the

following clause:

OZONE-DEPLETING SUBSTANCES (MAY

1995)

(a) Definitions.

Class I substance, as used in this clause,

means any substance designated as class I by

the Environmental Protection Agency (EPA)

(40 CFR Part 82), including but not limited

to chlorofluorocarbons, halons, carbon

tetrachloride, and methyl chloroform.

Class II substance, as used in this clause,

means any substance designated as class II by

EPA (40 CFR Part 82), including but not

limited to hydrochlorofluorocarbons.

(b) As required by 42 U.S.C. 7671j (b), (c),

and (d) and 40 CFR Part 82, Subpart E, the

Contractor shall label products which

contain a class I or class II ozone-depleting

substance or are manufactured with a process

that uses class I or class II ozone-depleting

substances, or containers of class I or class

II ozone-depleting substances, as follows:

‘‘WARNING: Contains (or manufactured

with, if applicable) llll*llll, a

substance(s) which harm(s) public health and

environment by destroying ozone in the

upper atmosphere.’’

*The Contractor shall insert the name of the

substance(s).

(End of clause)

52.223–12 Refrigeration Equipment and

Air Conditioners.

As prescribed in 23.804(b), insert the

following clause:

REFRIGERATION EQUIPMENT AND AIR

CONDITIONERS (MAY 1995)

The Contractor shall comply with the

applicable requirements of Sections 608 and

609 of the Clean Air Act (42 U.S.C. 7671g and

7671h) as each or both apply to this contract.

(End of clause)

[FR Doc. 95–13256 Filed 5–30–95; 8:45 am]

BILLING CODE 6820–EPD–M

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Part 25 and 52

[FAC 90–27, FAR Case 95–601, Item IV]

RIN 9000–AG43

Federal Acquisition Regulation;

Addition of Three New European

Community Countries

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Final rule.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed to a final rule to add Austria,

Finland, and Sweden to the FAR

definition of ‘‘European Community

(EC) Country’’ and to the definition of

‘‘sanctioned member state of the EC’’.

The United States Trade Representative

has requested this action be taken as

soon as possible because these countries

have joined the EC on January 1, 1995.

This regulatory action was not subject to

Office of Management and Budget

review under Executive Order 12866,

dated September 30, 1993.

DATES: Effective Date: May 31, 1995.

FOR FURTHER INFORMATION CONTACT: Mr.

Edward McAndrew at (202) 501–1474 in

reference to this FAR case. For general

information, contact the FAR

Secretariat, Room 4037, GS Building,

Washington, DC 20405 (202) 501–4755.

Please cite FAC 90–27, FAR case 95–

601.

SUPPLEMENTARY INFORMATION:

A. Background

By letter, dated December 21, 1994,

the General Counsel, United States

Trade Representative Office, requested

that three countries, Austria, Finland

and Sweden, be added to sections

25.401 and 25.1001 because these

countries became members of the

European Union on January 1, 1995.

The General Counsel requested these

changes as quickly as possible after the

new year.

B. Regulatory Flexibility Act

This final rule is not expected to have

a significant economic impact on a

substantial number of small entities

within the meaning of the Regulatory
28502 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations

Flexibility Act, 5 U.S.C. 601, et seq.,

because it merely adds three countries

to the definition of European country in

section 25.401 and the same three

countries are added to the definition of

sanctioned member state of the EC. This

is mostly a ministerial rule. An Initial

Regulatory Flexibility Analysis has,

therefore, not been performed.

Comments from small entities

concerning the affected FAR subpart

will be considered in accordance with 5

U.S.C. 610. Such comments must be

submitted separately and cite 5 U.S.C.

601, et seq. (FAC 90–27, FAR Case 95–

601), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

FAR do not impose recordkeeping or

information collection requirements, or

collection of information from offerors,

contractors, or members of the public

which require the approval of OMB

under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 25 and

52

Government procurement.

Dated: May 24, 1995.

C. Allen Olson,

Director, Office of Federal Acquisition Policy.

Therefore, 48 CFR parts 25 and 52 are

amended as set forth below:

1. The authority citation for 48 CFR

parts 25 and 52 continues to read as

follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C.

chapter 137; and 42 U.S.C. 2473(c).

PART 25—FOREIGN ACQUISITION

2. Section 25.401 is amended by

revising the definition ‘‘EC country’’ to

read as follows:

25.401 Definitions.

* * * * *

EC country, as used in this subpart,

means Austria, Belgium, Denmark,

Federal Republic of Germany, Finland,

France, Greece, Ireland, Italy,

Luxembourg, the Netherlands, Portugal,

Spain, Sweden, and the United

Kingdom.

* * * * *

3. Section 25.1001 is amended by

revising the definition ‘‘Sanctioned

member state of the EC’’ to read as

follows:

25.1001 Definitions.

* * * * *

Sanctioned member state of the EC

means Austria, Belgium, Denmark,

Finland, France, Ireland, Italy,

Luxembourg, the Netherlands, Sweden,

and the United Kingdom.

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

52.225–15 [Amended]

4. Section 52.225–15 is amended by

revising the date in the clause heading

to read ‘‘(MAY 1995)’’; and in the

definition of ‘‘EC country’’ by adding in

alphabetical order the countries

‘‘Austria’’, ‘‘Finland’’, and ‘‘Sweden’’.

52.225–17 [Amended]

5. Section 52.225–17 is amended by

revising the date in the clause heading

to read ‘‘(MAY 1995)’’; and in the

definition of ‘‘European Community

country’’ by adding in alphabetical

order the countries ‘‘Austria’’,

‘‘Finland’’, and ‘‘Sweden’’.

52.225–18 [Amended]

6. Section 52.225–18 is amended by

revising the date in the clause heading

to read ‘‘(MAY 1995)’’; and in the

definition of ‘‘Sanctioned member state

of the EC’’ by adding in alphabetical

order the countries ‘‘Austria’’,

‘‘Finland’’, and ‘‘Sweden’’.

52.225–19 [Amended]

7. Section 52.225–19 is amended by

revising the date in the clause heading

to read ‘‘(MAY 1995)’’; and in the

definition of ‘‘Sanctioned member state

of the European Community (EC’’ by

adding in alphabetical order the

countries ‘‘Austria’’, ‘‘Finland’’, and

‘‘Sweden’’.

[FR Doc. 95–13258 Filed 5–30–95; 8:45 am]

BILLING CODE 6820–EPD–M

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 25 and 52

[FAC 90–27; FAR Case 94–5; Item V]

Federal Acquisition Regulation; Trade

Sanctions—Germany

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Final rule.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed on a final rule to amend the

Federal Acquisition Regulation (FAR) to

reflect the termination of the trade

sanctions on the Federal Republic of

Germany that had been imposed in May

1993. This regulatory action was not

subject to Office of Management and

Budget review under Executive Order

12866, dated September 30, 1993.

EFFECTIVE DATE: May 31, 1995.

FOR FURTHER INFORMATION CONTACT: Mr.

Peter O’Such at (202) 501–1759 in

reference to this FAR case. For general

information, contact the FAR

Secretariat, Room 4037, GS Building,

Washington, DC 20405 (202) 501–4755.

Please cite FAC 90–27, FAR case 94–5.

SUPPLEMENTARY INFORMATION:

A. Background

A U.S. Trade Representative

determination, published in the Federal

Register at 59 FR 11360, March 10,

1994, terminated the sanctions that had

been imposed on the Federal Republic

of Germany, published at 58 FR 31136,

May 28, 1993, on the basis of assurance

from Germany that it would not apply

the discriminatory provisions of the

Utilities Directive of the European

Union to procurement of U.S. goods by

its telecommunications utilities.

B. Regulatory Flexibility Act

The final rule does not constitute a

significant FAR revision within the

meaning of FAR 1.501 and Public Law

98–577, and publication for public

comments is not required. Therefore,

the Regulatory Flexibility Act does not

apply. However, comments from small

entities concerning the affected subpart

will be considered in accordance with 5

U.S.C. 610. Such comments must be

submitted separately and cite 5 U.S.C.

601, et seq. (FAC 90–27, FAR case 94–

5), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

FAR do not impose recordkeeping or

information collection requirements, or

collections of information from offerors,

contractors, or members of the public

which require the approval of the Office

of Management and Budget under 44

U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 25 and

52

Government procurement.

Dated: May 24, 1995.

C. Allen Olson,

Director, Office of Federal Acquisition Policy.

Therefore, 48 CFR Parts 25 and 52 are

amended as set forth below:

1. The authority citation for 48 CFR

Parts 25 and 52 continues to read as

follows: