40476 Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Proposed Rules 

1https://acquisition-staging.gsa.gov/sites/default/ 

files/archives/loose_leaf/GSAM_Latest_Change_

Order_1382021528_0.pdf. 

2E.O. 14057 of December 8, 2021, 86 FR 70935. 

amended, 47 U.S.C. 151, 154, 157, 301, 

303, 307, 308, 309, 316, 319, 325(b), 

336, 338, 399b, 403, 534, and 535, this 

Third Further Notice of Proposed 

Rulemaking is hereby adopted and 

notice is hereby given of the proposals 

and tentative conclusions described in 

this Third Further Notice of Proposed 

Rulemaking. 

68. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Third Further Notice of Proposed 

Rulemaking, including the Initial 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2022–14470 Filed 7–6–22; 8:45 am] 

BILLING CODE 6712–01–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 523 and 552 

[GSAR Case 2022–G517; Docket No. GSA– 

GSAR–2022–0014; Sequence No. 1] 

RIN 3090–AK60 

General Services Administration 

Acquisition Regulation (GSAR); SingleUse Plastics and Packaging 

AGENCY: Office of Acquisition Policy, 

General Services Administration (GSA). 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The General Services 

Administration (GSA) is publishing this 

advance notice of proposed rulemaking 

(ANPR) to seek public feedback 

pertaining to the use of plastic 

consumed in both packaging and 

shipping, as well as other single-use 

plastics for which the agency contracts. 

The issues raised in the comments 

submitted in response to this ANPR will 

inform future rulemaking to establish 

requirements and reporting mechanisms 

for reducing unnecessary single-use 

plastic, to include plastic packaging and 

shipping materials. 

DATES: Interested parties should submit 

written comments at the address shown 

below on or before September 6, 2022 to 

be considered in the formulation of a 

proposed rule. 

ADDRESSES: Submit comments in 

response to GSAR Case 2022–G517 to 

the Federal eRulemaking portal at 

https://www.regulations.gov by 

searching for ‘‘GSAR Case 2022–G517’’. 

Select the link ‘‘Comment Now’’ that 

corresponds with GSAR Case 2022– 

G517. Follow the instructions provided 

at the ‘‘Comment Now’’ screen. Please 

include your name, company name (if 

any), and ‘‘GSAR Case 2022–G517’’ on 

your attached document. If your 

comment cannot be submitted using 

https://www.regulations.gov, call or 

email the points of contact in the FOR

FURTHER INFORMATION CONTACT section of 

this document for alternate instructions. 

Instructions: Please submit comments 

only and cite GSAR Case 2022–G517 in 

all correspondence related to this case. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal and/or business confidential 

information provided. To confirm 

receipt of your comment(s), please 

check https://www.regulations.gov 

approximately two to three days after 

submission to verify posting. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Adina Torberntsson, Procurement 

Analyst, at 303–236–2677 or 

gsarpolicy@gsa.gov, for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat Division at 

202–501–4755 or GSARegSec@gsa.gov. 

Please cite GSAR Case 2022–G517 in 

your email subject line. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This ANPR concerns reducing singleuse plastics, to include those used in 

packaging and shipping required for the 

delivery of products under General 

Services Administration (GSA) contracts 

as well as items included on the 

contracts. For this ANPR, plastic 

materials that are used and then 

immediately disposed of once the item 

is delivered are considered single-use 

plastics. 

Executive Order 14008 states ‘‘it is the 

policy of my Administration to lead the 

Nation’s effort to combat the climate 

crisis by example-specifically, by 

aligning the management of Federal 

procurement and real property, public 

lands and waters, and financial 

programs to support robust climate 

action.’’ As America’s Buyer, GSA is 

interested in its potential to play a 

supporting role including by reducing 

single use plastics. GSA has taken some 

initial internal policy steps towards a 

leadership role in using the Federal 

Government’s buying power towards 

this goal. The GSA Acquisition Manual 

(GSAM) was amended in October 2021 

through Change 138 1 to require 

consideration to reduce content waste as 

part of requirements planning for GSA 

acquisitions. One of the contents 

highlighted in this GSAM amendment is 

packaging. 

Since the last sustainability GSAM 

change, E.O. 14057 Catalyzing Clean 

Energy Industries and Jobs Through 

Federal Sustainability 2 was issued. 

Section 207 of the E.O. instructs each 

agency to reduce waste to include 

supporting a recycled content market 

and circular economy approaches. 

GSA will consider comments received 

in response to this ANPR in future 

rulemaking to amend the GSAR through 

a proposed rule, and to revise other GSA 

policies, procedures, and guidance that 

further support GSAM Change 138 and 

address E.O. 14057 regarding single-use 

plastics. 

II. Discussion and Analysis 

A. Evaluating the Need for Regulatory 

Change 

GSA is a leader in acquisition and 

provides supplies and services across 

the Federal government through the 

agency’s acquisition vehicles to include 

the Federal Supply Schedule program. 

Also known as the Government’s 

landlord, GSA has the ability to make a 

difference by addressing single-use 

plastics in our construction, concession, 

and facility maintenance contracts as 

well. 

GSA continues to provide the best 

customer service experience by 

providing access to thousands of 

products and services. Our agency also 

looks for the most advantageous 

solutions, remaining ahead of problems 

before they culminate, and making the 

best decisions on behalf of the American 

taxpayer. To do this, GSA has adopted 

internal policy changes to address 

sustainability in our acquisitions. With 

single-use plastics being a significant 

contributor to the global plastic 

pollution concern, it is a logical step for 

the agency to examine this. 

B. The Petition for Rulemaking 

The Center for Biological Diversity, 

along with 180 signatories, submitted a 

petition to GSA on February 3, 2022, 

requesting that the agency address 

single-use plastics through rulemaking. 

This ANPR, among other things, seeks 

to better understand the implications of 

any such rulemaking. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Proposed Rules 40477 

III. Request for Public Feedback 

GSA invites comment on the issues 

discussed in this ANPR to help inform 

future rulemaking on how to best reduce 

single-use plastics from packaging, 

while limiting burden and liability on 

our industry and logistics partners. 

Specifically, GSA seeks responses to the 

questions listed below. Please explain 

the reasoning behind your responses in 

detail. Also, provide any data, studies, 

or other evidence that supports your 

response. You do not have to answer all 

the questions in your response. 

To help GSA review comments 

efficiently, identify the question to 

which you are responding by its 

associated number and letter (e.g., ‘‘III. 

a’’) or whether you are commenting on 

a topic not listed below. 

1. What is your role in your product’s 

supply chain? 

Are you a manufacturer, distributor, 

reseller, or other (comments are 

encouraged from any impacted parties 

including local municipalities and 

economically and/or disadvantaged 

communities)? 

2. Does your company have control 

over the methodology in which your 

product is packaged for shipment? 

3. What are the differences between a 

paper based, aluminum based, or 

compostable packaging and a single-use 

plastic based packaging? 

a. What are the performance 

differences? 

b. What are the cost differences? 

4. Does your company have 

experience using environmentally 

preferable packaging? 

a. If an environmentally preferable 

option was utilized, what benefits did 

your company experience from such a 

change? 

b. What is the relationship between 

your packaging and your product 

branding? 

c. Will packaging be considered as 

part of your company’s climate financial 

disclosure, if applicable? 

5. What is the best way for GSA to aid 

its contractors in moving to 

environmentally preferable packing and 

packaging? How quickly should it 

move? 

6. Are there any market, regulatory, 

statutory or cost barriers to selecting 

environmentally preferable packaging 

such as paper based or biodegradable 

packaging? 

If yes, please specify what the barrier 

is and what is creating the barrier (i.e., 

the product’s casing or the shipment 

packaging). 

7. What should be considered when 

developing a timeline to implement 

regulatory changes in reducing single 

use plastic as either the primary 

product, or as the packaging material? 

8. Which, if any, single use plastic 

items GSA should choose not to 

contract for through its federal supply 

schedules? Are there exceptions GSA 

should make to ensure no harm to 

customer agency missions? 

9. How could compliance with 

reduced or eliminated plastic content be 

verified? 

a. How can GSA and industry take 

advantage of innovative technologies or 

business practices to improve accuracy 

of verification while minimizing the 

administrative burden on companies? 

b. Are there private sector standards, 

ecolabels, and/or certifications your 

company is using to meet 

environmentally preferred packaging 

goals? 

IV. Request for Economic Data and 

Consumer Research 

Aside from the feedback questions 

listed above, GSA also seeks to better 

understand the economic impact 

regarding single-use plastic products, 

and single-use plastics in packaging and 

shipping, and what industry changes are 

feasible. GSA seeks economic data and 

consumer research to help increase its 

understanding of the market. In your 

response please consider the intent and 

details of the questions below. You do 

not have to answer all the questions in 

your response. 

To help GSA review comments 

efficiently, identify the question to 

which you are responding by its 

associated number and letter (e.g., 

‘‘IV.1’’) or whether you are commenting 

on a topic not listed below. 

1. What will the estimated cost be to 

change, reduce, or eliminate single-use 

plastic from your product lines? 

2. What will the estimated costs be to 

change, reduce, or eliminate single-use 

plastic packaging? 

3. Will a change from single-use 

plastic packaging result in a reduced 

cost in freight? 

4. What reporting or monitoring 

standards, if any, exist to track the use 

of more environmentally preferable 

packaging material? 

5. What is the liability risk of any of 

the purchased goods being damaged if 

packaging is reduced or changed? 

6. What other identifiable risks are 

posed to industry, the government, and 

overall economy if packaging is reduced 

or changed? 

Jeffrey A. Koses, 

Senior Procurement Executive, Office of 

Acquisition Policy, Office of Governmentwide 

Policy, General Services Administration. 

[FR Doc. 2022–14403 Filed 7–6–22; 8:45 am] 

BILLING CODE 6820–61–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2020–0109; 

FF09E22000 FXES11130900000 201] 

RIN 1018–BC98 

Endangered and Threatened Wildlife 

and Plants; 6-Month Extension of Final 

Determination on the Proposed 

Removal of the Ivory-Billed 

Woodpecker From the List of 

Endangered and Threatened Wildlife 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of the 

comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

6-month extension of the final 

determination on whether to remove the 

ivory-billed woodpecker (Campephilus 

principalis), a bird species historically 

found in the American southeast, from 

the List of Endangered and Threatened 

Wildlife (List). We are also reopening 

the comment period on the proposed 

rule to remove this species from the List 

for an additional 30 days. Comments 

previously submitted need not be 

resubmitted and will be fully 

considered in preparation of the final 

determination. We are taking this action 

to extend the final determination based 

on substantial disagreement regarding 

the status of the ivory-billed 

woodpecker. 

DATES: The comment period on the 

proposed rule that published September 

30, 2021 (86 FR 54298), is reopened. We 

will accept comments received or 

postmarked on or before August 8, 2022. 

If you comment using the Federal 

eRulemaking Portal (see ADDRESSES, 

below), you must submit your 

comments by 11:59 p.m. Eastern Time 

on the closing date. 

ADDRESSES: You may submit comments 

on the proposed rule by one of the 

following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: https://

www.regulations.gov. In the Search box, 

enter FWS–R4–ES–2020–0109, which is 

the docket number for the rulemaking. 

Then, click on the Search button. On the 

resulting page, in the panel on the left 

side of the screen, under the Document 

Type heading, check the Proposed Rule 

box to locate this document. You may 

submit a comment by clicking on 

‘‘Comment.’’ 

(2) By hard copy: Submit by U.S. mail 

to: Public Comments Processing, Attn: 


khammond on DSKJM1Z7X2PROD with PROPOSALS