Federal Register / Vol. 60, No. 7 / Wednesday, January 11, 1995 / Proposed Rules 2727

4. Additionally, we propose to permit

private coast stations currently

authorized to operate on Channel 11

within the proposed Prince William

Sound VTS area to continue operation

until the end of their current license

terms on a noninterference basis. The

staff will help affected licensees find

suitable alternative channels. No fee

will be charged for affected stations that

apply for modification for an alternative

channel before their next renewals.

5. We certify that the Regulatory

Flexibility Act of 1980 does not apply

to this rule making proceeding because

if the proposed rule amendments are

promulgated, there will not be a

significant economic impact on a

substantial number of small business

entities, as defined by Section 601(3) of

the Regulatory Flexibility Act. The

change proposed herein will have a

beneficial effect on the marine

community by allowing the Coast Guard

to manage vessel traffic in the Prince

William Sound area in a more efficient

manner. The Secretary shall send a copy

of this Notice of Proposed Rule Making,

including the certification, to the Chief

Counsel for Advocacy of the Small

Business Administration in accordance

with paragraph 605(b) of the Regulatory

Flexibility Act. Pub. L. 96–354, 94 Stat.

1164, 5 U.S.C. §§ 601–612 (1980).

List of Subjects in 47 CFR Part 80

Communications equipment, Marine

Safety.

Federal Communication Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95–646 Filed 1–10–95; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF ENERGY

48 CFR Parts 923 and 970

RIN 1991–AB05

Acquisition Regulation; Acquisition

and Use of Environmentally Preferable

Products and Services

AGENCY: Department of Energy.

ACTION: Proposed rule.

SUMMARY: The Department of Energy

(DOE) proposes to amend the

Department of Energy Acquisition

Regulation (DEAR) to provide for the

acquisition and use of environmentally

preferable products and services.

DATES: Written comments must be

received on or before March 13, 1995.

ADDRESSES: Comments on the proposed

rule should be addressed to the U.S.

Department of Energy, Procurement

Policy Division (HR–521.1), Attention:

P. Devers Weaver, 1000 Independence

Avenue SW., Washington, D.C. 20585.

FOR FURTHER INFORMATION CONTACT: P.

Devers Weaver, Procurement Policy

Division (HR–521.1), U.S. Department of

Energy, 1000 Independence Avenue

SW., Washington, D.C. 20585; telephone

202–586–8250.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background.

II. Section-by-Section Analysis.

III. Public Comments.

IV. Procedural Requirements.

A. Review Under Executive Order 12866.

B. Review Under the National

Environmental Policy Act.

C. Review Under the Paperwork Reduction

Act.

D. Review Under the Regulatory Flexibility

Act.

E. Review Under Executive Order 12612.

F. Public Hearing Determination

G. Review Under Executive Order 12778.

I. Background

Section 6002 of the Resource

Conservation and Recovery Act (RCRA)

of 1976, Public Law 89–272, 42 U.S.C.

6962, requires procuring agencies to

establish a preference for the acquisition

of products made with recovered

materials. The Environmental Protection

Agency (EPA) has promulgated

guidelines to implement section 6002 of

RCRA. These guidelines, for products

that are designated ‘‘environmentally

preferable,’’ including retread tires, rerefined lubricating oil, and recycled

paper, are set forth at Title 40 of the

Code of Federal Regulations, Parts 247

through 253. Also, Executive Order

12873 of October 20, 1993, Federal

Acquisition, Recycling, and Waste

Prevention, requires management and

operating contractors in their

contracting practices to comply with

RCRA requirements that are applicable

to Federal agencies. Implementing

RCRA, the Office of Federal

Procurement Policy on November 2,

1992, issued its Policy Letter No. 92–4,

Procurement of Environmentally-Sound

and Energy Efficient Products.

RCRA requires all Federal agencies to

develop ‘‘affirmative procurement

programs’’ (APPs) to assure the

purchase of materials covered by the

EPA guidelines. DOE issued its APP in

May 1994 in the document ‘‘Affirmative

Procurement Program For Products

Containing Recovered Materials,’’

providing DOE guidance for compliance

with RCRA and the Executive Order.

The Department proposes to amend

the DEAR to provide a contract clause,

Acquisition and Use of Environmentally

Preferable Products and Services. The

clause is to be incorporated in DOE

management and operating contracts, to

promote the acquisition and use of

environmentally preferable products

and services, in accordance with

specified Department of Energy and

other Federal policies.

II. Section-by-Section Analysis

1. Section 923.471 describes DOE

policy to acquire items composed of the

highest percentage of recovered/

recycled materials without adversely

affecting performance requirements.

2. To subpart 970.23, section 970.2304

is added.

Section 970.2304–1 extends the

requirements at subpart 923.4 on the

acquisition and use of environmentally

preferable products and services to

management and operating contracts.

3. Sections 970.5204–YY and

970.2304–2 provide a clause and a

requirement for the use of the clause,

Acquisition and Use of Environmentally

Preferable Products and Services. The

clause provides for compliance with

Executive Order 12873, certain RCRA

and EPA requirements, and certain DOE

requirements involving the acquisition

and use of environmentally preferable

products and services. Paragraph (a)(4)

of the clause at 970.5204–YY refers to

an ‘‘Affirmative Procurement Program’’

guidance document. A copy of this

guidance document is available, without

charge, upon informal written request

to: Director, Waste Minimization

Division (EM–334), U.S. Department of

Energy, Washington, DC 20585–0002.

(Please do not use telephone or fax to

request the document.)

III. Public Comments

DOE invites interested persons to

participate by submitting data, views, or

arguments with respect to the proposed

DEAR amendments set forth in this rule.

Three copies of written comments

should be submitted to the address

indicated in the ADDRESSES section of

this rule. All comments received will be

available for public inspection during

normal work hours. All written

comments received by the date

indicated in the DATES section of this

notice will be carefully assessed and

fully considered prior to the effective

date of these amendments as a final

rule. Any information considered to be

confidential must be so identified and

submitted in writing, one copy only.

DOE reserves the right to determine the

confidential status of the information

and to treat it according to its

determination in accordance with 10

CFR 1004.11.
2728 Federal Register / Vol. 60, No. 7 / Wednesday, January 11, 1995 / Proposed Rules

IV. Procedural Requirements

A. Review Under Executive Order 12866

This regulatory action has been

determined not to be a ‘‘significant

regulatory action’’ under Executive

Order 12866, Regulatory Planning and

Review, (58 FR 51735, October 4, 1993).

Accordingly this action was not subject

to review under the Executive Order by

the Office of Information and Regulatory

Affairs.

B. Review Under the National

Environmental Policy Act

Pursuant to the Council on

Environmental Quality Regulations (40

CFR 1500–1508), the Department has

established guidelines for its

compliance with the provisions of the

National Environmental Policy Act

(NEPA) of 1969 (42 U.S.C. 4321 et seq.).

Pursuant to Subpart D of 10 CFR Part

1021, National Environmental Policy

Act Implementing Procedures, the

Department of Energy has determined

that this rule is categorically excluded

from the need to prepare an

environmental impact statement or

environmental assessment. This rule

establishes a clause and practices for the

purchase of goods and services and does

not require preparation of an

environmental impact statement or an

environmental assessment under

categorical exclusion A6 of Subpart D.

C. Review Under the Paperwork

Reduction Act

To the extent that new information

collection or recordkeeping

requirements are imposed by this

rulemaking, they are provided for under

Office of Management and Budget

paperwork clearance package No. 1910–

0300.

D. Review Under the Regulatory

Flexibility Act

This rule was reviewed under the

Regulatory Flexibility Act of 1980, Pub.

L. 96–354, which requires preparation

of a regulatory flexibility analysis for

any rule which is likely to have

significant economic impact on a

substantial number of small entities.

This rule will have no impact on

interest rates, tax policies or liabilities,

the cost of goods or services, or other

direct economic factors. It will also not

have any indirect economic

consequences, such as changed

construction rates. DOE certifies that

this rule will not have a significant

economic impact on a substantial

number of small entities and, therefore,

no regulatory flexibility analysis has

been prepared.

E. Review Under Executive Order 12612

Executive Order 12612 entitled

‘‘Federalism,’’ 52 FR 41685 (October 30,

1987), requires that regulations, rules,

legislation, and any other policy actions

be reviewed for any substantial direct

effects on States, on the relationship

between the Federal Government and

the States, or in the distribution of

power and responsibilities among

various levels of Government. If there

are sufficient substantial direct effects,

then the Executive Order requires

preparation of a federalism assessment

to be used in all decisions involved in

promulgating and implementing a

policy action. The Department of Energy

has determined that this rule will not

have a substantial direct effect on the

institutional interests or traditional

functions of States.

F. Public Hearing Determination

DOE has concluded that the proposed

rule does not involve any significant

issues of law or fact. Therefore,

consistent with 5 U.S.C. 553, DOE has

not scheduled a public hearing.

G. Review Under Executive Order 12778

Section 2 of Executive Order 12778

instructs each agency to adhere to

certain requirements in promulgating

new regulations and reviewing existing

regulations. These requirements, set

forth in sections 2(a) and (b)(2), include

eliminating drafting errors and needless

ambiguity, drafting the regulations to

minimize litigation, providing clear and

certain legal standards for affected legal

conduct, and promoting simplification

and burden reduction. Agencies are also

instructed to make every reasonable

effort to ensure that the regulation:

specifies clearly any preemptive effect,

effect on existing Federal law or

regulation, and retroactive effect;

describes any administrative

proceedings to be available prior to

judicial review and any provisions for

the exhaustion of such administrative

proceedings; and defines key terms.

DOE certifies that this rule meets the

requirements of sections 2(a) and 2(b) of

Executive Order 12778.

List of Subjects in 48 CFR Parts 923 and

970

Government procurement.

Issued in Washington, D.C. on January 6,

1995.

Richard H. Hopf,

Deputy Assistant Secretary for Procurement

and Assistance Management.

For the reasons set forth in the

preamble, Chapter 9 of Title 48 of the

Code of Federal Regulations is proposed

to be amended as set forth below.

PART 923—ENVIRONMENT,

CONSERVATION, AND

OCCUPATIONAL SAFETY

1. The authority citation for Part 923

continues to read as follows:

Authority: 42 U.S.C. 7254; 40 U.S.C.

486(c).

2. New subpart 923.4 is added as

follows:

Subpart 923.4—Use of Recovered

Materials

923.471 Policy.

The DOE policy is to acquire items

composed of the highest percentage of

recovered/recycled materials practicable

(consistent with published minimum

content standards), without adversely

affecting performance requirements;

consistent with maintaining a

satisfactory level of competition; and

consistent with maintaining cost

effectiveness and not having a price

premium paid for products containing

recovered/recycled materials.

PART 970—DOE MANAGEMENT AND

OPERATING CONTRACTS

3. The authority citation for Part 970

continues to read as follows:

Authority: Sec. 161 of the Atomic Energy

Act of 1954 (42 U.S.C. 2201), sec. 644 of the

Department of Energy Organization Act, Pub.

L. 95–91 (42 U.S.C. 7254), sec. 201 of the

Federal Civilian Employee and Contractor

Travel Expenses Act of 1985 (41 U.S.C. 420)

and sec. 1534 of the Department of Defense

Authorization Act, 1986, Pub. L. 99–145 (42

U.S.C. 7256a), as amended.

4. Section 970.2304 is added to read

as follows:

970.2304 Use of Recovered/Recycled

Materials.

970.2304–1 General.

The policy for the acquisition and use

of environmentally preferable products

and services is described at 48 CFR part

923, subpart 923.4.

970.2304–2 Contract clause.

The contracting officer shall insert the

clause at 970.5204–YY, Acquisition and

Use of Environmentally Preferable

Products and Services, in management

and operating contracts.

5. To subpart 970.52 add section

970.5204–YY as follows:

970.5204–YY Acquisition and Use of

Environmentally Preferable Products and

Services.

As prescribed in 970.2304–2, insert

the following clause in management and

operating contracts.
Federal Register / Vol. 60, No. 7 / Wednesday, January 11, 1995 / Proposed Rules 2729

Acquisition and Use of Environmentally

Preferable Products and Services

(a) In the performance of this contract, the

Contractor shall comply with the

requirements of the following issuances:

(1) Executive Order 12873 of October 20,

1993, entitled ‘‘Federal Acquisition,

Recycling, and Waste Prevention,’’

(2) Section 6002 of the Resource

Conservation and Recovery Act (RCRA) of

1976, as amended (42 U.S.C. 6962, Pub. L.

94–580, 90 Stat. 2822),

(3) Title 40 of the Code of Federal

Regulations, Subchapter I, Parts 247 through

253 (Solid Wastes, Guidelines for the

procurement of certain products that contain

recovered/recycled materials) and such other

Subchapter I Parts or Comprehensive

Procurement Guidelines as the

Environmental Protection Agency may issue

from time to time as guidelines for the

procurement of products that contain

recovered/recycled materials,

(4) ‘‘U.S. Department of Energy Affirmative

Procurement Program for Products

Containing Recovered Materials’’ and related

guidance document(s), as they are identified

in writing by the Department.

(b) The Contractor shall prepare and

submit reports on matters related to the use

of environmentally preferable products and

services from time to time in accordance with

written direction (e.g., in a specified format)

from the Contracting Officer.

(c) In complying with the requirements of

paragraph (a), the Contractor shall coordinate

its concerns and seek implementing guidance

on Federal and Departmental policy, plans,

and program guidance with the DOE

recycling point of contact, who shall be

identified by the Contracting Officer. Reports

required pursuant to paragraph (b) shall be

submitted through the DOE recycling point of

contact.

(End of clause)

[FR Doc. 95–681 Filed 1–10–95; 8:45 am]

BILLING CODE 6450–01–U