[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Rules and Regulations]
[Pages 31644-31646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14527]



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[[Page 31645]]


DEPARTMENT OF DEFENSE
48 CFR Parts 23 and 52

[FAC 90-39; FAR Case 93-307; Item XII]
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 adopted as final with changes.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed to convert the interim rule 
published at 60 FR 28500, May 31, 1995, to a final rule with changes to 
amend the Federal Acquisition Regulation (FAR) to provide policy for 
the acquisition of items that contain 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, and is not a major rule under 5 U.S.C. 804.

EFFECTIVE DATE: June 20, 1996.

FOR FURTHER INFORMATION CONTACT: Mr. Ralph De Stefano 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 90-39, FAR case 93-307.

SUPPLEMENTARY INFORMATION:

A. Background

    The Environmental Protection Agency (EPA) promulgated 40 CFR Part 
82, Subpart D, 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 complements Executive Order 12843, 
Procurement Requirements and Policies for Federal Agencies for Ozone-
Depleting Substances (58 FR 21881, April 23, 1993). Both the Executive 
Order and the EPA rule require that new contracts provide that any 
acquired products which contain or are manufactured with ozone-
depleting substances be labeled in the manner and to the extent 
required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, 
Subpart E. On May 31, 1995 (60 FR 28500), the Civilian Agency 
Acquisition Council and the Defense Acquisition Regulations Council 
published an interim rule to implement the EPA regulations and the 
Executive Order.
    This final FAR rule contains revisions resulting from public 
comments received in response to the interim rule. Several respondents 
questioned whether the interim rule went beyond the labeling 
requirements in Section 611 of the 1990 amendments to the Clean Air Act 
(42 U.S.C. 7671j) and its implementing EPA regulations at 40 CFR. This 
confusion has been resolved by replacing the definitions of ``Class I 
substance'' and ``Class II substance'' with a definition of ``ozone-
depleting substance'', and by revising the clause at 52.223-11 to 
clarify that labeling shall be in accordance with 42 U.S.C. 7671j and 
40 CFR Part 82. The intent of the rule is to stay within the bounds of 
the Clean Air Act and the EPA regulations.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601, et seq., applies to 
this final rule and a Final Regulatory Flexibility Analysis has been 
performed. A copy of the analysis may be obtained from the FAR 
Secretariat.

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 23 and 52

    Government procurement.

    Dated: June 4, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

Interim Rule Adopted as Final With Changes

    Accordingly, the interim rule amending 48 CFR Parts 23 and 52 which 
was published at 60 FR 28500, May 31, 1995, is adopted as final with 
changes 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


23.800  [Amended]

    2. Section 23.800 is amended by removing the last sentence.
    3. Section 23.802 is revised to read as follows:


23.802  Definition.

    Ozone-depleting substance means--
    (a) Any substance designated as Class I by EPA (40 CFR part 82), 
including but not limited to chlorofluorocarbons, halons, carbon 
tetrachloride, and methyl chloroform; or
    (b) Any substance designated as Class II by EPA (40 CFR part 82), 
including but not limited to hydrochlorofluorocarbons.


23.803  [Amended]

    4. Section 23.803 is amended in paragraph (b)(2) by removing the 
period and inserting ``, except in the case of Class I substances being 
used for specified essential uses, as identified under 40 CFR 
82.4(r).''
    5. Section 23.804 is revised to read as follows:


23.804  Contract clauses.

    Except for contracts to be performed outside the United States, its 
possessions, and Puerto Rico, the contracting officer shall insert the 
clause at:
    (a) 52.223-11, Ozone-Depleting Substances, in solicitations and 
contracts for ozone-depleting substances or for supplies that may 
contain or be manufactured with ozone-depleting substances.
    (b) 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 
ozone-depleting substances as a refrigerant, such as air conditioners, 
including motor vehicles, refrigerators, chillers, or freezers.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    6. Section 52.223-11 is revised to read as follows:


52.223-11  Ozone-Depleting Substances.

    -As prescribed in 23.804(a), insert the following clause:

Ozone-Depleting Substances (Jun 1996)

    -(a) Definitions. Ozone-depleting substance, as used in this 
clause, means any substance designated as Class I by the 
Environmental Protection Agency (EPA) (40 CFR Part 82),

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including but not limited to chlorofluorocarbons, halons, carbon 
tetrachloride, and methyl chloroform; or any substance designated as 
Class II by EPA (40 CFR Part 82), including but not limited to 
hydrochlorofluorocarbons.
    (b) The Contractor shall label products which contain or are 
manufactured with ozone-depleting substances in the manner and to 
the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR 
Part 82, Subpart E, as follows:
    ``WARNING: Contains (or manufactured with, if applicable)
*, 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)

[FR Doc. 96-14527 Filed 6-19-96; 8:45 am]
BILLING CODE 6820-EP-P