28500 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations

operations and facilities covered by this

contract. Any such program shall comply

with applicable Federal, state, and local

requirements.

(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 Parts 23 and 52

[FAC 90–27, FAR Case 93–307, Item III]

RIN 9000–AG42

Federal Acquisition Regulation; Ozone

Executive Order

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Interim rule with request for

comment.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed to an interim rule which amends

the Federal Acquisition Regulation

(FAR) to provide policy for the

acquisition of items that contain, use, or

are manufactured with ozone-depleting

substances. 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.

Comment Date: Comments should be

submitted to the FAR Secretariat at the

address shown below on or before July

31, 1995 to be considered in the

formulation of a final rule.

ADDRESSES: Interested parties should

submit written comments to: General

Services Administration, FAR

Secretariat (VRS), 18th & F Streets, NW.,

Room 4035, Attn: Ms. Beverly Fayson,

Washington, DC 20405.

Please cite FAC 90–27, FAR case 93–

307 in all correspondence related to this

case.

FOR FURTHER INFORMATION CONTACT: Mr.

Ralph DeStefano at (202) 501–1758 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 93–

307.

SUPPLEMENTARY INFORMATION:

A. Background

The Environmental Protection Agency

(EPA) promulgated 40 CFR Part 82,

Subpart D (rule) to satisfy EPA’s

obligation under Section 613, Title VI of

the Clean Air Act Amendments of 1990.

The EPA rule requires each department,

agency, and instrumentality of the

United States to conform its

procurement regulations to the policies

and requirements of Title VI of the

Clean Air Act and to maximize the

substitution of safe alternatives for

ozone-depleting substances as identified

under Section 612 of the Act. The EPA

rule also requires each department,

agency, and instrumentality of the

United States to certify to OMB, within

twelve months of the final publication

of the rule, that its procurement

regulations have been modified in

accordance with the rule. The EPA rule

complements Executive Order 12843,

Procurement Requirements and Policies

for Federal Agencies for OzoneDepleting Substances (58 FR 21881,

April 23, 1993). Both the Executive

Order and the EPA rule require that new

contracts provide that any acquired

products containing or manufactured

with class I or class II ozone-depleting

substances, or containers of class I or

class II ozone-depleting substances, be

labeled in accordance with Section 611

of the 1990 amendments to the Clean

Air Act.

This interim FAR rule implements the

requirements of Executive Order 12843

and 40 CFR Part 82. The rule contains

two clauses; one clause requires

contractors to label products containing

ozone-depleting substances, and the

other clause requires contractors to

comply with Sections 608 and 609 of

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

7671h) as each or both apply to the

contract. 42 U.S.C. 7671g addresses a

national recycling and emission

reduction program, and 42 U.S.C. 7671h

addresses servicing of motor vehicle air

conditioners.

B. Regulatory Flexibility Act

This interim rule is not expected 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 the Clean Air Act requirements

are already applicable to companies in

industries supplying goods and services

made with or containing ozonedepleting substances. 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 93–

307), 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.

D. Determination To Issue an Interim

Rule

A determination has been made under

the authority of the Secretary of Defense

(DOD), the Administrator of General

Services (GSA), and the Administrator

of the National Aeronautics and Space

Administration (NASA) that compelling

reasons exist to promulgate this interim

rule without prior opportunity for

public comment. This action is

necessary because this rule implements

Executive Order 12843, which required

FAR revisions by October 18, 1993, and

42 CFR Part 82, which required agency

acquisition regulation revisions by

October 24, 1994. Further, 42 CFR 82.84

states that, for agencies subject to the

FAR (48 CFR Chapter 1), amendment of

the FAR consistent with 42 CFR 82.84

shall satisfy, for those agencies, the

requirement of 42 CFR 82.84 to revise

agency acquisition regulations.

However, pursuant to Public Law 98–

577 and FAR 1.501, public comments

received in response to this interim rule

will be considered in the formation of

a final rule.

List of Subjects in 48 CFR Parts 23 and

52

Government procurement.

Dated: May 24, 1995.

C. Allen Olson,

Director, Office of Federal Acquisition Policy.

Therefore, 48 CFR Parts 23 and 52 are

amended as set forth below:

1. The authority citation for 48 CFR

Parts 23 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 23—ENVIRONMENT,

CONSERVATION, OCCUPATIONAL

SAFETY, AND DRUG-FREE

WORKPLACE

2. Subpart 23.8 is added to read as

follows:
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